October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27893 SENATE—Tuesday, October 23, 2007

The Senate met at 10 a.m. and was Mr. TESTER thereupon assumed the spear’’ in every one of this Nation’s called to order by the Honorable JON chair as Acting President pro tempore. wars, and they will never be stopped by TESTER, a Senator from the State of f a terrorist’s suicide attack. This No- Montana. vember, the country will celebrate the RECOGNITION OF THE MINORITY The PRESIDING OFFICER. Today’s Corps’ 232nd birthday, and thank them LEADER opening prayer will be offered by Cap- for defending our freedoms. tain Margaret Kibben, United States The ACTING PRESIDENT pro tem- By taking the fight to the terrorists Navy. pore. The Republican leader is recog- wherever they hide, the Marines have nized. put terrorists on the defensive, making PRAYER f it less likely they will hit us again here The guest chaplain offered the fol- at home. By their courage on the bat- lowing prayer: MARKING THE 24TH ANNIVERSARY OF THE U.S. MARINE BARRACKS tlefield and constant risk of danger, to- Let us pray. day’s Marines honor every 1 of their Gracious Creator, whose presence BOMBING IN BEIRUT, LEBANON forebears who died defending our coun- permeates like sunlight, whose mercy Mr. MCCONNELL. Mr. President, try. is revealed through Your ceaseless normally the majority leader would America still remembers her brave compassion, and whose authority has proceed first. Since he is not on the men and women lost in the Marine bar- called the world into being, we call on floor at the moment, I wish to make a racks bombing of 1983. We honor them You to bring forth this day in accord- few remarks on leader time here as we and their families for their sacrifice. ance with Your grace plan. get started. We continue to fight terror today with As the men and women who serve in I rise today in honor of the 241 U.S. a steady hand, even if it is at times the Senate gather together in this marines, sailors, and soldiers who were paired with a heavy heart. And we are Chamber to exercise the processes of killed in a despicable suicide bombing proud of the brave men and women who power and politics, remind them that it attack on the U.S. Marine barracks in fight for their country against the is Your transcendence that presides Beirut, Lebanon. That attack occurred would-be terrorists of today and tomor- over today’s deliberations, Your mer- 24 years ago today on October 23, 1983. ciful will that guides the political de- President Ronald Reagan had dis- row. bate, and Your ultimate authority that patched U.S. forces in 1982 to maintain Mr. President, I yield the floor. is the source and foundation of their the peace in Lebanon. On the morning f objectives. of October 23, one Lebanese terrorist RESERVATION OF LEADER TIME So reminded, ordain these elected of- drove a truck packed with explosives The ACTING PRESIDENT pro tem- ficials this day to wield this Nation’s through three guard posts and a legislative power guided by Your pres- pore. Under the previous order, the barbed-wire fence, straight into the leadership time is reserved. ence; to engage in partisan discourse in lobby of the U.S. Marine Corps’ head- response to Your mercy; and to align quarters. The bomb exploded with the f their objectives in accordance with force of 18,000 pounds of dynamite. It DEPARTMENTS OF LABOR, Your authority, so that all that is said transformed the four-story cinder HEALTH AND HUMAN SERVICES, and done here may reflect Your pres- block building into rubble. AND EDUCATION APPROPRIA- ence, Your mercy, and Your power. It was so powerful, the U.S. District TIONS ACT, 2008 We stand in Your grace and pray in Court for the District of Columbia Your holy Name. Amen. The ACTING PRESIDENT pro tem- later described it as ‘‘the largest non- pore. Under the previous order, the f nuclear explosion that had ever been Senate will resume consideration of PLEDGE OF ALLEGIANCE detonated on the face of the Earth.’’ H.R. 3043, which the clerk will report. Some of the men and women lost The assistant legislative clerk read The Honorable JON TESTER led the that day were murdered in their sleep. Pledge of Allegiance, as follows: as follows: Others who saw the truck come crash- A bill (H.R. 3043) making appropriations I pledge allegiance to the Flag of the ing in may have seen the face of the United States of America and to the Repub- for the Departments of Labor, Health and lic for which it stands, one nation under God, enemy as their last sight on Earth. Ei- Human Services, and Education and related indivisible, with liberty and justice for all. ther way, 241 Americans wearing their agencies for the fiscal year ending Sep- tember 30, 2008, and for other purposes. f country’s uniform were killed in a bru- tal attack that shocked America and Pending: APPOINTMENT OF ACTING the world. Harkin/Specter amendment No. 3325, in the PRESIDENT PRO TEMPORE Five Kentuckians were among the 241 nature of a substitute. The PRESIDING OFFICER. The who died in that attack. They were: Vitter amendment No. 3328 (to amendment clerk will please read a communication PFC Sidney James Decker, U.S. Marine No. 3325), to provide a limitation on funds to the Senate from the President pro Corps, of Clarkson, KY; LCpl Virgil D. with respect to preventing the importation Hamilton, U.S. Marine Corps, of by individuals of prescription drugs from tempore (Mr. BYRD). Canada. The assistant clerk read the fol- McDowell, KY; Hospital Corpsman 3rd Dorgan amendment No. 3345 (to amend- lowing letter: Class Robert S. Holland, U.S. Navy, of ment No. 3325), to require that the Secretary U.S. SENATE, Gilbertsville, KY; SGT Thomas C. of Labor report to Congress regarding jobs PRESIDENT PRO TEMPORE, Keown, U.S. Marine Corps, of Louis- lost and created as a result of the North Washington, DC, October 23, 2007. ville, KY; and SGT Daniel S. Kluck, American Free Trade Agreement. To the Senate: U.S. Army, of Owensboro, KY. Ensign amendment No. 3342 (to amendment Under the provisions of rule I, paragraph 3, Terrorists and their favorite tactic— No. 3325), to prohibit the use of funds to ad- of the Standing Rules of the Senate, I hereby the suicide attack—are still with us minister Social Security benefit payments appoint the Honorable JON TESTER, a Sen- under a totalization agreement with Mexico. ator from the State of Montana, to perform today. Thankfully for America, so are Ensign amendment No. 3352 (to amendment the duties of the Chair. the U.S. Marines. No. 3325), to prohibit the use of funds to proc- ROBERT C. BYRD, Founded in 1775, the U.S. Marine ess claims based on illegal work for purposes President pro tempore. Corps has been ‘‘at the tip of the of receiving Social Security benefits.

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

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27894 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 Lautenberg/Snowe amendment No. 3350 (to AMENDMENT NO. 3437 We didn’t pull the wool over anyone’s amendment No. 3325), to prohibit the use of (Purpose: To prohibit the use of funds to eyes; we provided clear information funds to provide abstinence education that modify certain HIV/AIDS funding formulas) about the implications about those includes information that is medically inac- At the appropriate place in title II, insert funding formulas. Now, with one sim- curate. the following: ple pen stroke, the House majority Roberts amendment No. 3365 (to amend- SEC. ll. Notwithstanding any other pro- ment No. 3325), to fund the small business vision of law, no funds shall be made avail- would like to undo all of those care- childcare grant program. able under this Act to modify the HIV/AIDS fully crafted, bipartisan, bicameral Coburn amendment No. 3358 (to amend- funding formulas under title XXVI of the compromises and insert a new hold- ment No. 3325), to require Congress to pro- Public Health Service Act. harmless provision with little thought vide health care for all children in the U.S. Mr. ENZI. Mr. President, at the to how this change will affect others. I before funding special interest pork projects. present time, the last numbers that I am pleased to note that the Senate did Chambliss modified amendment No. 3391 saw, Congress’s approval rating was 12 not include this egregious provision, (to amendment No. 3325), to provide for a percent. There is a reason for that. We and I hope today the Senate will go on declaration of a public health emergency have been nibbling around the edges on record for opposing doing so. with respect to Sumter County, GA. a lot of things, and we have been doing Cardin amendment No. 3400 (to amendment What is even more ridiculous is that No. 3325), to provide support to Iraqis and Af- earmarks. I have an amendment that this provision primarily benefits San ghans who arrive in the United States under deals with one of the most egregious Francisco, a city that continues to re- the Special Immigrant Visa program. earmarks I have seen. ceive funding to care for dead people. Landrieu amendment No. 3446 (to amend- Less than a year ago we passed a bill San Francisco received two-thirds of ment No. 3325), relative to the Elementary in this body unanimously, that the the $9 million available, racking up $6 and Secondary School Counseling program. House then passed unanimously, that million of new dollars. All the while, The ACTING PRESIDENT pro tem- addressed the Ryan White AIDS pro- nearly every other city would have re- pore. The Senator from Iowa is recog- gram, and it included transparency, it duced funding just so San Francisco nized. included accountability, and it in- can receive more riches. That addi- cluded a change in the formula. The Mr. HARKIN. Mr. President, we en- tional $6 million is not based on the change in the formula gave some pro- number of people they are treating or tered into a unanimous consent agree- tection to those who have had a declin- on how many new cases they have. As ment last night. I will repeat it for the ing population, but it allowed the a hold-harmless provision, it is related benefit of Senators. money to follow the people who had to what that city has received before. Senators should be aware that we the problem. will now start a series of debates and Today, in this bill, there is an ear- As GAO noted in the report last we will stack the votes. The first mark that provides for money now to month, even within their current fund- amendment will be the amendment of go to people who may no longer even ing, they are receiving money for peo- the Senator from Wyoming, Mr. ENZI, exist—people who are dead. It is a way ple who have died. Let me repeat that. amendment No. 3437. There will be 30 that they are trying to change the au- GAO, the Government Accountability minutes of debate equally divided. thorization process we went through so Office, confirmed that San Francisco That will be the first one. meticulously, so unanimously, in such currently receives funding under Ryan The second one will be the amend- a way that it undoes it in an appropria- White for dead people. That is without ment of the Senator from South Caro- tions bill. We shouldn’t be changing this additional $6 million earmark. lina, Mr. DEMINT; that is amendment law in an appropriations bill. We espe- Now, I don’t know about my col- No. 3387. There will be 20 minutes of de- cially shouldn’t be changing law for a leagues, but I find this a little rep- bate equally divided. specific area of the country in an ap- rehensible. Where I come from, that is The third one would be the amend- propriations bill. That is why I bring called cheating. This is patently unfair ment No. 3365 by the Senator from this amendment. to those cities and States that are Kansas, Senator ROBERTS. There will I want to discuss the Ryan White pro- striving to come up with the moneys be 10 minutes of debate equally di- gram and the need to ensure that this for basic HIV/AIDS treatment. vided. Labor-HHS bill does not undo our re- House Democrats reneged on a bipar- Then the fourth one would be the cent work. Last December, after tisan, bicameral solution and are try- amendment No. 3358 offered by the Sen- months of negotiations, the House and ing to slide this authorizing legislation the Senate passed a new 3-year Ryan ator from Oklahoma, Senator COBURN. into an appropriations bill, hoping no There will be 20 minutes of debate White reauthorization. Most impor- one will notice. Well, I noticed. I object equally divided. At the end of all of tantly, we ensured that those new for- to this provision and the implications that time, the Senate will proceed to mulas focused on the lifesaving treat- of it. Rather than providing nearly $10 ment by including individuals with vote on and in relation to those amend- million to help those cities that don’t HIV, not just AIDS. ments. need it, why aren’t we providing funds One of the key items that delayed We are ready for the amendment of to those cities with large numbers of this reauthorization for months was people with HIV? the Senator from Wyoming as soon as the careful negotiations surrounding he arrives, and he is here. the funding formulas. In that bipar- So I offer my amendment to Labor- AMENDMENT NO. 3437 TO AMENDMENT NO. 3325 tisan, bicameral agreement, we were HHS, Enzi amendment No. 3437. This Mr. ENZI. Mr. President, I call up very clear about the implications of amendment is quite simple. It states amendment No. 3437. those new formula changes. We pro- that the Labor-HHS bill cannot be used to undo all of the work we did on Ryan The ACTING PRESIDENT pro tem- vided GAO data runs that were nearly White. We should not be diverting key pore. The clerk will report. identical to how the funding has been distributed. I hope everybody takes a funds from cities with rising HIV cases The assistant legislative clerk read to go to San Francisco—a city that is as follows: look at those GAO data runs. Those funding formulas also included still receiving funds for treating people The Senator from Wyoming [Mr. ENZI] pro- hold-harmless provisions to ensure the who have already died from AIDS. If poses an amendment numbered 3437. formula funding would not decrease by you support keeping people alive, I be- Mr. ENZI. Mr. President, I ask unani- more than 5 percent from the previous lieve you should also support my mous consent that the reading of the year. While I would have preferred no amendment. We did last December. We amendment be dispensed with. hold-harmless provisions or ones that should again. We need to keep it on The ACTING PRESIDENT pro tem- allowed for more dramatic fluctuations track to take care of the problem. pore. Without objection, it is so or- so the money could follow the HIV-in- I yield some time to my fellow Sen- dered. fected person, that was what we agreed ator from Oklahoma, such time as he The amendment is as follows: upon a few short months ago. would like.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27895 The ACTING PRESIDENT pro tem- What we are doing is playing politics three counties—an $8.5 million loss. pore. The Senator from Oklahoma is with the lives of African-American This accounts for 30 percent of the recognized. women, who are the fastest growing Ryan White funding—a loss too great Mr. COBURN. Mr. President, I wish numbers of people who have HIV in for any jurisdiction to absorb in 1 year. to make a few comments about what is this country. We are taking $6.2 mil- It didn’t surprise me when San Fran- in the bill and what is going to happen lion away from them and we are put- cisco lost money in 2007. The city knew if we don’t accept Senator ENZI’s ting it in facilities that, quite frankly, it would likely face losses. But the pro- amendment. have done quite well under the Ryan tections put in place clearly were not When we crafted the Ryan White Act, White Act. The availability, the access, adequate. The loss of one-third of total the goal was to make sure the dollars and the programs are at the greatest funding is clearly destabilizing. To be followed the disease and to make sure level in San Francisco as compared to very candid with you, I find it highly people who were infected with HIV who any other place in this country. Yet we objectionable. had no other means of seeking treat- choose, if we do not accept the Enzi This isn’t only unique for San Fran- ment and having a life that is not the amendment, to say that is a higher pri- cisco. Five other cities also lost 20 per- scourge of this disease with the modern ority than a poor African-American cent or more of their funding: Hartford, medicines that have come about, to woman in the South. That is the CT, 32.1 percent; New Haven, CT, 23.7 create a platform where we could have choice. percent; Nassau-Suffolk County, NY, fair availability for medicines and I support this amendment. I think 21.7 percent; Ponce, Puerto Rico, 28.9 treatment and care to where the dis- the Senate, in good conscience, ought percent; Caguas, Puerto Rico, 34.3 per- ease is growing. to live up to its agreement on the Ryan cent. What has come out of the House, White Act. No jurisdiction can absorb cuts of with Speaker PELOSI’s direction, is to I yield back my time. this magnitude in 1 year without sig- actually take money from African- The ACTING PRESIDENT pro tem- nificant harm to those they serve. To American women and the medicines pore. The Senator from California is address this, the House of Representa- they need to stay alive, or medicines to recognized. tives included a stop-loss provision to treat their newborn infants, and send it Mrs. FEINSTEIN. Mr. President, I cap the losses faced by these jurisdic- to San Francisco, which in the last few rise in opposition to the Enzi amend- tions in their version of the fiscal year years has not even spent the entire ment. I congratulate the chairman and 2008 Labor-HHS appropriations bill. amount of money that has gone to it. the ranking member for the work they This provision limits the fiscal year Senator ENZI is right in the fact that have done on this bill. But this amend- 2007 losses for eligible metropolitan this violates the very agreement we ment significantly disadvantages at areas, or EMAs, to 8.4 percent—not 30 made over a long period of time to get least nine jurisdictions facing HIV/ percent but 8.4 percent—which is a Ryan White funds to start following AIDS crises throughout the country manageable amount. Transitional the disease. By taking an extra $6.2 because it essentially would prevent grant areas will have their losses million and sending it to San Fran- any stop-loss provision enacted by the capped at 13.4 percent. cisco, it violates, No. 1, the agreement House from going into effect. So there is a willingness to respond on that bill, but most importantly, it Senator ENZI, Senator KENNEDY, and to the mandate; that is, change your takes away the opportunity for health the rest of the HELP Committee method of counting and, secondly, ab- for minority women, which is where worked tirelessly for most of last year sorb reasonable cuts. I don’t think that the disease is growing the greatest to reauthorize the Ryan White CARE is too much to ask. I think this is over- amount. We have all these women Act. I voted for this reauthorization, kill. throughout the country who have been and I recognized at the time that the I was the mayor who first found on waiting lists for drugs for treat- method of counting HIV/AIDS victims AIDS, and I can take you back to 1981 ment. They are getting some, but they had to change to more clearly reflect and I can tell you what it was like. You are not getting what is going to save living victims. However, this then won’t like it. What I tried to do in the their lives. And we are going to steal mandated huge cuts to vital programs, task force of the Conference of Mayors that opportunity for minority women despite the fact that States and eligi- was to bring mayors into the modern to be adequately and fairly treated ble metropolitan areas were assured day. San Francisco essentially led the under this bill. that no jurisdiction would face desta- Nation in the fight against AIDS. I The Ryan White bill we passed last bilizing losses. think to have to take a 30-percent cut, year was a good compromise, knowing The HELP Committee staff provided when we are seeing some regeneration that we needed to shift money to where GAO data during the debate projecting of AIDS, is a terrible mistake. the disease is. What happened in the that San Francisco would receive ap- Senator ENZI’s amendment could nul- House bill is we have actually reneged proximately $17.1 million in fiscal year lify the House’s solution. Let me be on that commitment. What we are ac- 2007. But San Francisco did not receive clear. Under the House language, San tually saying is that the establishment that amount. Their formula award to- Francisco would still lose $2.3 million. age groups in northern California de- taled $14.6 million, which is $2.5 million All of the cities will still face signifi- serve more money than a single Afri- less than estimated. cant cuts. This provision is designed can-American woman who was infected A compromise was to offset losses by not to stop all reductions but to limit with HIV and cannot get the medicines clearly making available supplemental them to a level that can be absorbed in to treat her disease. That is the choice. award funding so that the Health Re- 1 year. The House provided funding for For the first time, the Ryan White sources and Services Administration the stop-loss on top of a $23 million in- Act changed the direction of where the could consider the funding losses when crease for part A of the Ryan White money went. The Ryan White Act, as awarding this supplemental funding. CARE Act. So virtually every area we passed it, had the money following This amendment seeks to do away with across the country sees an increase in the disease, going to those who need all of this. funding. But these areas take a dra- treatment rather than to established Despite these estimates and built-in matic 30-percent cut in funding. I don’t organizations that are used to a cer- protection, several areas of the country think that is right, and I don’t believe tain budget. So the tragedy will be received significant funding cuts when we should accept it. that if we don’t pass the Enzi amend- the 2007 awards were announced earlier The Government Accountability Of- ment, we are taking a step backward this year. fice examined the impact this stop-loss from the very principle—a public The San Francisco eligible metro- provision would have on jurisdictions health principle, by the way—that you politan areas, which also include Marin in 2008. In addition to benefiting the 11 put the money where the epidemic is. and San Mateo Counties, lost approxi- jurisdictions whose cuts are reduced, What is in the House bill negates that. mately $8.5 million. That is just those the House bill results in increased

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27896 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 funding for 42 of the remaining 45 juris- would strike a dastardly blow to a city services to people. That is all I am say- dictions. The very minor cuts projected that has seen too much suffering, as ing. in the remaining three jurisdictions well as others. So I would very much hope the Sen- are less than one-tenth of 1 percent. A I thank the chair and yield the floor. ate would understand the need and the reduction of 30-percent is simply not The ACTING PRESIDENT pro tem- compassion to defeat this amendment manageable. pore. Who yields time? and, once again, I would urge a ‘‘no’’ The provision makes no changes to Mr. ENSIGN. I yield to the Senator vote. the underlying reauthorization. It from Oklahoma. The ACTING PRESIDENT pro tem- doesn’t prevent it from moving forward Mr. COBURN. Mr. President, I wish pore. The Senator from Wyoming. at all. It caps the total losses faced by to make a couple of points. Mr. ENZI. Mr. President, before we any jurisdiction in fiscal year 2007 with I know this is a large step down for passed the legislation, there were wait- a one-time solution. It doesn’t reopen San Francisco EMA and a smaller step ing lines in many of the States in this the reauthorization so carefully crafted down for some of the others. But the country, lines of people waiting to get by Senators KENNEDY and ENZI and thing that needs to be kept in mind is treatment and care for AIDS. I am their committee. the amount of dollars spent per HIV pleased to let you know there are no The epidemic, as I mentioned, is far patient in those areas is 21⁄2 times what waiting lines today. No waiting lines from over in San Francisco. AIDS con- the average is around the rest of the anywhere—not in San Francisco, not in tinues to be the second leading cause of country—21⁄2 times. We spend 21⁄2 times Connecticut, not in New Jersey or in premature death in the city and count- more per HIV case in those areas than New York. ing. Nearly 23,000 people are currently we do in North Carolina or Florida or There has been a cut. The cut is living with HIV/AIDS in San Francisco, Mississippi or Michigan or Kansas or guaranteed to be no more than 5 per- which is more than at any point in the Texas or Arizona. So what we are talk- cent under the formula. Now, there has epidemic. Listen to that—nearly 23,000 ing about is proportionality; giving the always been supplemental money be- people in San Francisco are living with same opportunities to everybody who sides the formula. We did not guar- HIV now, and that is more than at any has HIV, not more opportunities. antee the supplemental money. The point during the epidemic. In addition, So with the 30-percent cut, you are supplemental money was never guaran- the population of San Francisco living still going to be spending 11⁄2 to 13⁄4 teed. And if there are larger cuts, it with HIV/AIDS is increasingly impov- times more per HIV case in San Fran- comes out of the supplemental money, erished, homeless, and struggling. cisco as you are in the rest of the coun- not the formula. So I certainly hope we Many have serious medical needs. try. So I appreciate the work of the don’t change the formula under the ap- About 2 weeks ago, the San Fran- Senator in the HIV area, which is ex- propriations bill instead of through the cisco Chronicle reported that San emplary, and I understand she would proper process, which is authorization. Francisco doctors diagnosed 15 HIV pa- want to protect this, but it is not fair Mr. President, I ask unanimous con- tients with Kaposi sarcoma. That is a to the rest of the country. It is not fair sent to have printed in the RECORD a form of cancer commonly found in pa- to tell somebody that you are going to letter from the Department of Health tients early in the epidemic but had be- spend 21⁄2 times as much on somebody and Human Services in North Carolina come rare. with HIV in San Francisco as you are with some very pertinent quotes. I will never forget, in a staff meeting in Dallas, TX, or Miami, FL. That is There being no objection, the mate- I had with department heads back in what this amendment is about—keep- rial was ordered to be printed in the 1981, when the director of public health ing the fairness that was in the Ryan RECORD, as follows: said: Madam Mayor, something is hap- White Act. NORTH CAROLINA DEPARTMENT pening. We are finding patients with I yield the floor. OF HEALTH AND HUMAN SERVICES, large purple lesions all over their bod- The ACTING PRESIDENT pro tem- October 15, 2007. ies, and we don’t know what it is. pore. The Senator from California. Hon. MICHAEL ENZI, His name is Merv Silverman. I said: Mrs. FEINSTEIN. Mr. President, I Ranking Member, Committee on Health, Edu- Merv, find out what it is and come don’t think it is fair to take a 30-per- cation, Labor, and Pensions, Hart Senate Office Building, Washington, DC. back and tell me. cent cut in 1 year when you have the DEAR SENATOR ENZI: Thanks to your lead- Three weeks later, they came back, largest number of HIV/AIDS victims in ership on the Committee on Health, Edu- and it was the discovery for the first the history of the epidemic in a city cation, Labor, and Pensions (HELP), Con- time of AIDS in this country. So I feel that has suffered such as no other city gress took an important step last year and very sensitive about it. I started the in America. I am not saying there modernized the Ryan White CARE Act first AIDS program in the Nation. We shouldn’t be cuts. I voted for the reau- (RWCA). You and many of your congres- funded it with property tax dollars. thorization knowing there would be sional colleagues—both Democrats and Re- That is how we became a leader in the cuts. What I am talking about is the publicans—took a principled stance in order level of cuts and the way these cuts fall to ensure that patients in need, no matter area. where they live, can access basic medical To take a 30-percent cut when we because they decimate programs in an services to treat and prevent HIV. have the largest number of HIV/AIDS area that was ground zero on AIDS in The new Ryan White program funding is victims in our history in the city, to the United States. having a profound impact in North Carolina. me, is discriminatory, wrongheaded, If you are going to take cuts, take The increase in North Carolina’s AIDS Drug and it need not happen. So I very much those cuts so the communities involved Assistance Program (ADAP) eligibility from hope this body will respond. in fighting HIV with prevention, with 125% to 250% over the past two years is the I understand Senator ENZI wants to education, with care, with treatment, direct result of your legislative initiative, protect the reauthorization and the with drugs, with all of it, can essen- resources provided by the new Ryan White funding and new state investments. The in- funding formula he authored, but I tially meet the mandate, which is to creased eligibility levels will result in ap- think we have to admit that the im- prevent the suffering of AIDS in HIV proximately 600–750 new North Carolinians pact on some areas of the country was patients and also to prevent the disease having access to ADAP services. The reforms not anticipated. Fixing these unin- from spreading. That is not easy to do, you championed are making a crucial dif- tended consequences does not require I can tell you that firsthand. ference in the lives of people living with HIV. reopening the legislation. It can be ad- You take a 30-percent cut in 1 year Unfortunately, an effort is underway in the dressed with a one-time solution that and you decimate these programs. That Congress to modify the original intent of the will still leave some cities with a de- is why the House put the stop-loss in. reauthorization—that funding would be based on demonstrated need. As you are cline in funds; that means the House Take a moderate cut, and we will stand aware, according to a Health Resources Serv- solution of stop-loss. up like men and women and we will ices Agency document and the newly-re- I urge my colleagues to join me in take that cut. Take a third cut and it leased GAO report that you and your col- opposing the Enzi amendment, which is much more difficult and you affect leagues requested, the impact of the House-

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27897 passed version of the FY2008 Labor-HHS Ap- fell, but I do know the cut received in The ACTING PRESIDENT pro tem- propriations bill that would cap losses for the Bay Area was substantial. I suspect pore. Time is yielded back. certain EMAs would result in decreased it was from the way they counted AIDS funding for states that would have otherwise Mr. HARKIN. Mr. President, under received new funding based on higher inci- cases, and they knew they had to the unanimous consent agreement en- dence of HIV. change the methodology. But basically tered into last night, I believe the Sen- As a direct result of your efforts last year, the point is the cut is substantially ator from South Carolina would be rec- North Carolina and other parts of the coun- large and means you have to cut 30 per- ognized next for amendment No. 3387, try that have been hit hardest by new HIV cent across the board of AIDS pro- with 20 minutes of debate equally di- cases now have a fighting chance to effec- grams at a time when San Francisco tively increase HIV screening, link infected vided. individuals to care and reduce the number of has the largest number of HIV/AIDS Mr. President, I ask unanimous con- HIV infections reported from year-to-year. If cases in its history—23,000. sent that the Senate now proceed to this attempt to undermine the basic premise Mr. SPECTER addressed the Chair. the consideration of the Roberts of the landmark Ryan White HIV/AIDS The ACTING PRESIDENT pro tem- amendment first, and then we would, Treatment Modernization Act of 2006 is suc- pore. Who yields time to the Senator? cessful, CARE Act funding will be diverted after the disposal of the Roberts The time is controlled by the Senator amendment, then proceed to the from regions of the country that are most in from Wyoming and the Senator from need of federal assistance. Unless the harm- DeMint amendment. California. Who yields time? ful provision in the appropriations legisla- The ACTING PRESIDENT pro tem- Mrs. FEINSTEIN. May I ask how tion is eliminated, I am gravely concerned pore. Is there objection? The chair much additional time I have? for patients who are in desperate need of life- hears none, and it is so ordered. saving medical care, individuals who will be The ACTING PRESIDENT pro tem- newly infected because their partners did not pore. A minute 10. The Roberts amendment has been have access to CARE Act services and ulti- Mrs. FEINSTEIN. A minute 10. I am proposed and is now pending. The Sen- mately, the future prospects of addressing not sure I should yield it to the Sen- ator from Kansas. the HIV epidemic in North Carolina and AMENDMENT NO. 3365 throughout the country. ator. Thank you for your leadership on the Mr. SPECTER. That is up to the Sen- Mr. ROBERTS. Mr. President, I rise Health Subcommittee, and thank you for ator. I am not decided on how I am in support of the Roberts amendment, your attention to this important issue. going to vote, so you have to decide No. 3365, to fund a small business Sincerely, that question and I will decide— childcare grant program. The program EVELYN FOUST, Mrs. FEINSTEIN. I beg your pardon? was authorized earlier this year as part State AIDS Director. Whose side did you say? of the supplemental spending bill. It Mr. ENZI. Mr. President, I yield the Mr. SPECTER. I am considering it. does have wide bipartisan support at floor, and I reserve my remaining time. Mrs. FEINSTEIN. Oh. Then I will this time, as well as last Congress The ACTING PRESIDENT pro tem- yield. If the mind is open, I am happy pore. The Senator from Pennsylvania. when it was unanimously approved by to yield. the HELP Committee as part of the Mr. SPECTER. Mr. President, in lis- Mr. SPECTER. I know it is tening to this debate and having re- Child Care Community Development unsenatorial to say that, but I haven’t Block Grant. ceived a letter from the Speaker, the made up my mind. This program is different from other concerns I have are whether there was The ACTING PRESIDENT pro tem- childcare initiatives because it specifi- a disproportionate share going to some pore. The Senator from Pennsylvania. cally targets small businesses and be- localities in California. Mr. SPECTER. I was listening to the cause it encourages them to work to- If I could direct a question to the Senator from Wyoming and the Sen- Senator from California: What is your gether. These small businesses are the ator from California and trying to fig- response to the concerns raised by the lifeblood of many urban and rural com- ure it out. I don’t want to be too Senator from Wyoming that the for- munities. These grants will allow the unsenatorial, to think about it, but mula was settled last year and that local convenience store or the beauty that is where I am. this, in effect, reopens the formula and shop, the auto shop, the implement Mrs. FEINSTEIN. I would be happy is going to direct funds to areas in your dealer, the bank, to cooperatively work to yield my remaining minute to the State where those funds could be di- together to offer their employees qual- Senator from Pennsylvania. rected to the same serious problem ity childcare while they work. Right Mr. SPECTER. The problem is one of which Pennsylvania has in our big cit- now, these daycare facilities are sim- enormous seriousness, and it is very ies—Pittsburgh and Philadelphia? ply not available. difficult to find the funding with what If you could first respond on the issue My program is also different from as to whether the formula was resolved we have allocated on our discretionary spending. In a context where some $36 other grants because it encourages sus- last year. tainability and ownership over these Mrs. FEINSTEIN. Through the Chair, million is being added in the House bill and some $6 million has been allocated childcare facilities. With an annual in- Mr. President, if I may, to the distin- creasing match requirement and a 2012 guished Senator from Pennsylvania, to San Francisco in the House bill—and I am very sympathetic to San Fran- sunset provision, my program offers a first of all, it is my knowledge that the fiscally responsible approach to plug- cut to San Francisco and to 11 other cisco’s problem and I understand the ging the lack of childcare for many jurisdictions is very large. With respect distinguished Senator from California hard-working American families. to the reauthorization of Ryan White, was mayor of San Francisco and it is we do not agree that it applies only to within the district of the Speaker of I wish to thank Senators SPECTER, the fiscal year 2007 cuts. It takes re- the House, so I understand their inter- HARKIN, KENNEDY, DODD, and SALAZAR sources, actually, from other jurisdic- est there—what I am trying to evalu- for their support of this program in the tions. The Pelosi fix in the House en- ate is whether there is undue funding supplemental spending bill. I am proud sures a significant increase for title I going because of the prominence of the this was a bipartisan effort from the that would both reduce cuts to a man- advocates of the position by the Sen- get-go, and I want that to continue. If ageable level for 11 jurisdictions and ator from California. you support hard-working American still increase for other jurisdictions. So I think I understand it now and I will families, if you support small business this isn’t taking money away from weigh and consider it. I thank the Sen- and community development, if you other jurisdictions, as I understand it. ator from California for yielding me support fiscal responsibility, then sim- The provisions in the House bill in- the time. ply support this amendment. creases funding for 42 of the remaining Mr. ENZI. Mr. President, I yield back Let me say I recognize and appre- 45 jurisdictions under title I. the remainder of my time. ciate the concern of my good friends Now, I don’t know the particulars, to Mrs. FEINSTEIN. I yield back the re- and colleagues, Senators COBURN and be candid with you, of how these cuts mainder of my time. DEMINT. They feel this program could

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27898 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 be duplicative. I do not think it is be- The Senator from South Carolina [Mr. is intended, but it allows organizations cause the program targets small busi- DEMINT] proposes an amendment numbered to compete to deliver these services so nesses and encourages them to cooper- 3387. that the taxpayers get the most for ate with other entities to develop sus- Mr. DEMINT. I ask unanimous con- their money. tainable childcare facilities. Because of sent the reading of the amendment be Let me say a few things about the the matching and sunset require- dispensed with. performance of the AFL–CIO organiza- ments—50 percent the first year here, The ACTING PRESIDENT pro tem- tion so my colleagues understand why 67 percent the second year, and the pore. Without objection, it is so or- there is such concern. The AFL–CIO third year, 75 percent, and then it sun- dered. Working for America Institute origi- sets—I think we are much more fis- The amendment is as follows: nally received grants under the Work- cally responsible. (Purpose: To replace non-competitive ear- force Investment Act. The grants were There was a suggestion to use TANF marks for the AFL–CIO with competitive given to national organizations for the grants) funds. These are being held by States purpose of providing technical assist- in emergency contingency accounts in Beginning on page 4, strike line 22 and all ance in setting up systems of local and that follows through line 7 on page 5, and in- case of a sudden economic downturn. State workforce investment boards for sert the following: ‘‘workers: Provided fur- the purpose of helping unemployed This would be another allowable use of ther, That $3,700,000 shall be for competitive these funds. That is not the case. This grants, which shall be awarded not later workers get the training and the jobs is apples and oranges. This is a fiscally than 30 days after the date of enactment of they need. responsible plan on the part of the this Act’’. After 3 years, these capacity-building States and we should encourage that. The ACTING PRESIDENT pro tem- services were no longer needed, and the I yield back the remainder of my pore. The Senator from South Caro- grants were terminated. However, the time. lina. Working for America Institute failed The ACTING PRESIDENT pro tem- Mr. DEMINT. Mr. President, I do to complete its mission in 3 years, so pore. Who yields time? The Senator want to make sure we have called up the Department gave it a fourth year from Iowa. amendment No. 3387. I appreciate the of funding. After the fourth year, the Mr. HARKIN. Mr. President, I yield chairman agreeing to this slight Department terminated its contract myself about 3 minutes. change in the purpose statement, not with the Working for America Insti- The amendment offered by Senator the legislative language. tute and explained: ROBERTS is a good amendment. This This amendment is part of an effort It is difficult to make the case that the was authorized in the emergency sup- to clear up what a lot of us have called AFL–CIO should receive yet a fifth year of funding for organizational purposes when the plemental bill for fiscal year 2007. The the culture of corruption over the last other national organizations were able to grants are for small businesses that several years. A lot of this has come achieve their goals in 3 years. Additionally, want to partner with each other or from Americans connecting the dots given that there are so many workers seek- other organizations to establish em- between the earmarks that we give to ing training or retraining opportunities, we ployer-owned childcare programs. our favorite causes back home and believe the Department of Labor’s emphasis Funds can be used for startup costs, many of the campaign contributions is rightly placed on promoting employment technical assistance, and training and and political support that we get back and reemployment projects having measur- able outcomes. special services for sick kids or chil- here in Congress. While motivations dren with disabilities. are generally good, at best the appear- The Department believes the tech- The program is authorized at $50 mil- ance of what is going on here has nical assistance given by the institute lion in fiscal year 2008. As the Senator alarmed the American people. is duplicative and less effective than a said, funding was not included. I think My earmark amendment today ad- similar program already funded in it is time we do fund it. I have long dresses two specific earmarks in the their Employment and Training Ad- been a supporter of expanding the role appropriations bill that is in front of ministration. It said: of small businesses in providing the us. One of the earmarks provides $1.5 We should focus limited financial resources on programs that deliver actual training kind of childcare that their employees million for the AFL–CIO Working for services to workers, rather than pour addi- need. America Institute and $2.2 million for tional funds into organizational infrastruc- I think the amendment of the Sen- the AFL–CIO Appalachian Council. ture. After 4 years, the AFL–CIO should have ator will further that goal, and I offer These funds come in the form of what developed sufficient ability to participate ef- my support to the Senator’s amend- are referred to as noncompetitive fectively in the Workforce Investment Act ment and I hope the Senate will adopt grants, according to the text of the bill system. it. and the committee report—which Despite these failures, Congress I yield back whatever time we may means no one else can compete to de- overrode the Department and ear- have. liver the services that are intended by marked funds for $1.5 million in fiscal The ACTING PRESIDENT pro tem- the bill, that these are a specific ear- year 2005 in the appropriations bill in pore. All time is yielded back. mark to divisions of the AFL–CIO. that year, and it continued the project Without objection, that amendment These earmarks are problematic be- through June of this year. Now this ap- is agreed to. cause they fund two organizations that propriations bill is trying to do the The amendment (No. 3365) was agreed are not competitive. They provide same thing again. This is a clear exam- to. funds that could be better spent to ple of Congress interfering with agency Mr. HARKIN. Mr. President, I move achieve the mission of the Department decisions because of parochial or polit- to reconsider the vote, and I move to of Labor set out by Congress in the ical interests. Congress should not fund lay that motion on the table. Workforce Investment Act of 1998. a program that is duplicative and not a The motion to lay on the table was Rather than continuing to give these critical priority for an agency. It agreed to. groups handouts without any competi- should have to compete for funds like AMENDMENT NO. 3387 TO AMENDMENT NO. 3325 tion, we should force them to compete every other organization. Mr. DEMINT. Mr. President, I ask with other organizations so Americans Let me address the second earmark unanimous consent the pending amend- get the most value for their tax dol- in this bill. The AFL–CIO Appalachian ment be set aside and amendment No. lars. That is exactly what my amend- Council had a longstanding sole-source 3387 be called up for immediate consid- ment will do. It replaces these two ear- contract with the Department of Labor eration. marks that total $3.7 million with com- that spanned several decades. The pur- The ACTING PRESIDENT pro tem- petitive grants. pose of the contract was to provide ca- pore. The clerk will report. Let me be clear. I am not taking the reer technical training and career tran- The assistant legislative clerk read money out of the bill. The money is sition services at job placement cen- as follows: still there for the purposes for which it ters in Pittsburgh, PA, Charleston,

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27899 WV, and Batesville, MS. It is impor- countable way. I ask my colleagues to mittee, and they have been a part of tant to note that the council does not vote for my amendment later on this the budget for a considerable period of manage or run these three centers. It morning. I appreciate their support. time. They have established their bona simply provides the training, place- I yield the floor. fides and their worthwhile nature. ment, and transition services. The ACTING PRESIDENT pro tem- I believe they are worth the money. I The Department of Labor reviewed pore. Who yields time in opposition? urge my colleagues to reject the the council’s performance in 2004 in Mr. SPECTER. How much time do we DeMint amendment. light of the new requirements of the have, Mr. President? I yield to my distinguished colleague Workforce Investment Act. The review The ACTING PRESIDENT pro tem- from Iowa. resulted in the Department termi- pore. There is 10 minutes in opposition. The ACTING PRESIDENT pro tem- nating the council’s sole-source con- The Senator from Pennsylvania is rec- pore. The Senator from Iowa. tract because it was no longer the only ognized. Mr. HARKIN. I wish to join with Sen- and unique provider of career transi- Mr. SPECTER. Mr. President, the ator SPECTER in opposing the DeMint tion services and because it experi- two programs which have been com- amendment, which would strike two enced a steady decline in program per- mented on by the Senator from South congressionally directed fundings in formance over a 5-year period. Carolina are very good programs, con- the bill—one for the Appalachian Coun- Despite these failures, Congress trary to his assertions. The AFL–CIO cil, and the other one would be for the stepped in and earmarked $2.2 million Appalachian Council is a nationally Working for America Institute. for the council in fiscal year 2005, forc- recognized provider of educational This institute was created, first of ing the Department to continue the training service. It was founded in 1964 all, in 1989 and then in 1998 was spun off contract. Following this, the Depart- and the council has represented Ala- and made into a totally separate non- ment canceled the contract again, but bama, Georgia, Kentucky, Maryland, profit organization with a functioning Congress reversed the agency’s decision DC, Mississippi, North Carolina, Ohio, board of directors and everything else. a second time with another $2.2 million Pennsylvania, South Carolina, Ten- They have over 30 years of experience earmark in 2006. nessee, Virginia, and West Virginia. I in the field of job training, workforce After the second year came to a believe if the Senator from South Caro- development. They work with busi- close, the Department reviewed the lina looked closely at what has hap- nesses, the private sector, they work performance outcomes of the council. pened in his own State, which has been with unions, and they work with com- In 2006, the council placed 265 grad- a beneficiary, he would find it has been munities. The institute has basically uates in apprenticeship programs and a good program. The council operates been a showcase of how to pull people 71 graduates in jobs matching their vo- major employment and training pro- together and get people together for cational training. With the earmark grams through the Department of workforce development. It is doing funded at $2.2 million, the cost of each Labor and Job Corps, as well as em- great work, and it benefits commu- of these graduates was $6,547. Each of ployee assistance programs, and pro- nities throughout the United States. In the council’s 21 staff members placed vides funding for recruitment/replace- fact, I had the list of some here. Just less than 2 students per month in a reg- ment of some 1,000 Job Corps students last year alone, the institute provided istered apprenticeship program. De- in long-term jobs. assistance to Portland, OR, the Ohio spite being given a second chance by When you talk about the Job Corps, State Workforce Board, the National Congress, the Department terminated you are talking about a group of young Governors Association, and the Na- the contract again this year. people who might well be at risk. With tional Alliance of Workforce Boards. Unfortunately, the appropriations the rising rates of violence in major So you can see they do things all over bill we are considering gives another American cities—two of them in my the country. earmark to the council to continue the State, Pittsburgh and Philadelphia; I point out that this institute re- services and designates it a non- Philadelphia had 406 homicides last ceived funding through the Department competing earmark, which means no year—taking some of these at-risk stu- of Labor for over 30 years, through Re- one else can compete to do the service dents off the streets, young people off publican and Democratic administra- right. Here we have two examples of the streets, and providing job training tions. I can go back to Nixon and Ford earmarks that circumvent the normal is very important. and Carter, all through the Reagan competitive process and abuse the The Working for America Institute, years, the first Bush administration, American taxpayer. which is a program very near and dear the Clinton administration, and actu- The AFL–CIO has plenty of funds to to the heart of the senior Senator from ally the first part of this Bush adminis- continue these programs. In 2006, the West Virginia, Mr. BYRD, has an impor- tration until just a couple of years ago AFL–CIO reported $96 million in assets tant retraining component of our man- when the Department of Labor decided and $157.2 million in receipts. Their top ufacturing base, where we have seen to cut all funding for it. So we had to five executive officers made from too many high-paying jobs shipped come in here a couple of years ago and $179,000 to $291,000 a year, with 204 em- overseas. During the current adminis- put directed funding in there for the in- ployees making more than $75,000 a tration, more than 3 million American stitute. It was widely supported. year. Of their disbursements, about $30 manufacturing jobs have been lost. We So when the Senator from South million, or nearly 40 percent of their are dealing with an area of some of the Carolina says that: Well, we will just total receipts, went for political activi- Rust Belt States where job training make it competitive. Well, the Depart- ties and lobbying. and job development is very important ment will not do it anyway. They are The AFL–CIO should either fund the and the Appalachian Council runs not interested in it. They will not put program itself or help the institute de- through those States and provides a it out for competitive grant. So this is velop a competitive grant proposal, but very important service. another instance where I think con- these organizations should not get a When the Senator from South Caro- gressionally directed funding has valid- handout. My amendment, as I said be- lina talks about a political factor, that ity because we have looked at these fore, does not eliminate the funds, but depends upon the eye of the beholder. programs from a bipartisan standpoint, it does require the AFL–CIO to com- These programs have worked very well. and we agree they should be funded, pete based on real criteria and account- They are a very modest allocation with even though the Department of Labor ability to deliver the services for the a total of $3.7 million tackling an issue does not want the funding. American taxpayer. of job training in an area which has Now, the second issue I wanted to ad- I urge my colleagues to support my been beset by unfair foreign competi- dress is—I do not know whether I amendment to turn these noncompeti- tion. They have been very carefully caught the Senator from South Caro- tive grants into competitive grants so considered by the subcommittee, very lina correctly, but I heard something we accomplish the purpose in an ac- carefully considered by the full com- about lobbying and political activity. I

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27900 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 just wanted to make it very clear that The ACTING PRESIDENT pro tem- there has not been a top-down review section 503 of the bill reads—and I will pore. The Senator from South Caro- on all the Government programs, ever. read it in its entirety: lina. The Senator has 30 seconds. We have had very limited oversight No part of any appropriation contained in Mr. DEMINT. Mr. President, I agree hearings, which should be the No. 1 this Act shall be used, other than for normal with all the purposes the Senator stat- part of our job. And we have in front of and recognized executive-legislative rela- ed, all of the ideas of getting teenagers us a bill that has $400 million in di- tionships, for publicity or propaganda pur- to work in Philadelphia. All of those rected earmarks, which we think, poses, for the preparation, distribution or things are good. I am not taking argu- through what the appropriations proc- use of any kit, pamphlet, booklet, publica- ment with any of them. If the AFL–CIO ess has brought to us, is an important tion, radio, television or video presentation, designed to support or defeat legislation is the best source to deliver these serv- priority. pending before the Congress or any State ices, there should not be any problem What this amendment says is that we legislature, except in presentation to the with this at all. All we are asking is to are going to give the Members of the Congress or any State legislature itself. make this a competitive grant so that Senate an opportunity to vote on B. No part of any appropriation contained we can have criteria and account- whether those are the most important in this Act shall be used to pay the salary or ability in a system so that what we priorities or whether we ought to have expenses of any grant or contract recipient want to accomplish will actually get children’s health care because what or agent acting for such recipient related to accomplished. I yield back the remain- this amendment does is redirects this any activity designed to influence legisla- der of my time. money in abeyance until we say we tion or appropriations pending before the Congress or any State legislature. The ACTING PRESIDENT pro tem- have the kids in this country covered. pore. The Senator from Pennsylvania. There is a large debate over the So the recipients cannot do it, and Mr. SPECTER. When you talk about SCHIP bill that the President recently they cannot hire lobbyists, either, to accountability, it is present. It is an vetoed. There are a lot of things wrong lobby for them for any legislation open book. The Job Corps is adminis- with it. It is not wrong to help poor pending before the Congress. So I want- tered by the Department of Labor. It is kids get health care. Nobody in the ed to make it clear that none of this not unusual to have a sole-source con- Senate opposed that. What they did op- money can be used for lobbying or for tract. When you have somebody like pose is changing, under the guise of a any kind of partisan activities, nor can the AFL–CIO, which has so much debate for children, a debate of having it even be used for them to hire a lob- knowledge, and so many of their ex- the Government start running all of byist or a lobbying firm for that activ- perts are at work on this program, it the health care for kids. What it did do ity. So I wanted to make that clear. makes very good sense to give the op- is spend $4,000 to buy $2,300 worth of I support the Senator from Pennsyl- portunity to carry out the program. It care, and a lot of other things. vania. The Appalachian Council has is all subject to the review by the De- So what this amendment is about is done a great job. They are doing great partment of Labor. I think the quality asking the Senate to choose—choose work in a number of States. The Work- of this program speaks for itself. There your directed earmarks for back home ing for America Institute, again, is one is agreement on it. It has an important or make a statement that says: We that has proven its worth. It has been purpose. I believe the record shows really believe kids health care is im- widely supported throughout America, that these funds have been wisely portant, and we are not going to spend through business concerns, and State spent. the money on directed earmarks until workforce investment boards all over I yield the floor. we have solved that problem. this country. The ACTING PRESIDENT pro tem- I know this makes some of my col- Now is not the time to pull the rug pore. All time has expired. leagues bristle, that we would chal- out from underneath them. So I would Mr. HARKIN. Mr. President, I move lenge the direction. This is not saying join with Senator SPECTER in opposing to table the DeMint amendment and specific earmarks are not good ideas. A the DeMint amendment. ask for the yeas and nays. lot of the earmarks in this bill are good I yield to the Senator from Pennsyl- The ACTING PRESIDENT pro tem- ideas. What it does say is: Should they vania. pore. Is there a sufficient second? be a priority before we take care of one Mr. SPECTER. Mr. President, just a There is a sufficient second. The yeas of the greatest problems this country supplemental comment or two. The Job and nays are ordered. Under the pre- is facing, which is health care? Are we Corps program, which is part of this vious order, that vote will occur after going to go after and really change overall operation, funds young people debate on the Coburn amendment. health care to where we get value, we ages 16 through 24. In Philadelphia, AMENDMENT NO. 3358 get controllable costs, we get freedom there is a program which places grad- Mr. HARKIN. Mr. President, now we of choice, or are we going to continue uates with 61 major health care em- are going to go to the Coburn amend- to do the same thing of putting ear- ployers in higher skill jobs which are ment. marks into bills and ignoring the big in great demand in Philadelphia. That I ask unanimous consent that the problems that are in front of us? attacks an area of great importance, vote sequence be changed and that the So what this amendment says is that considering the homicide rate in Phila- vote in relation to the Coburn amend- until the Secretary of HHS, whoever delphia, much of which is caused by ment be second in the sequence; that they may be, certifies that we have the young people, so many at-risk youth. the remaining provisions remain in ef- kids under 18 in this country covered, This goes right to the heart of a very fect. we should not be spending money on di- serious problem, to support the fund- The ACTING PRESIDENT pro tem- rected political benefits for ourselves ing. pore. Without objection, it is so or- and our careers; instead, we should be I want to supplement that, too, with dered. spending our time solving the health the hearing which we held on July 22, The Senator from Oklahoma. care needs of the kids in our country. 2004, where we had extensive testimony Mr. COBURN. Mr. President, amend- I reserve the remainder of my time. taken on the subject to establish the ment No. 3358 is a pending amendment The ACTING PRESIDENT pro tem- value of the program. we discussed this last Friday. I believe pore. Who yields time in opposition? How much time remains, Mr. Presi- under the unanimous consent agree- The Senator from Iowa. dent? ment I have 10 minutes, and those in Mr. HARKIN. Mr. President, I assume The ACTING PRESIDENT pro tem- opposition do also. I am going to speak it comes as no surprise that I oppose pore. Just under 1 minute 50 seconds. a few moments, if I may. the amendment offered by the Senator Mr. SPECTER. We reserve the re- What the country is looking for us to from Oklahoma. mainder of that time awaiting the ar- do is to choose priorities, to make good I appreciate that the amendment of gument of the Senator from South choices about the priorities of what we the Senator from Oklahoma raises Carolina. do with their money. Quite frankly, again the issue of children’s health

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27901 care. I think that debate should go on nate are, in fact, directed to children’s through the facade and understand since the plight of poor children in this health. Let me cite a few examples. that those who refuse to negotiate are country needs as much attention as we There is congressionally directed the ones responsible if the program can give it. But I do not think this funding for St. Francis Hospital in lapses and is terminated. We will take amendment is serious about addressing Delaware to expand prenatal maternity care of congressional and Federal ac- the health of children. The amendment and pediatric services to indigents. tion for children’s health. does not put any money into it at all; There is funding for the Youth Crisis What the amendment seeks to do is it just says that we will not have any Center in Jacksonville, FL to address to eliminate earmarks. Earmarks have congressionally directed funding until the serious health consequences facing a specific congressional designation every child in America has health care runaway and homeless youth. There is budget-wise and are vitally important coverage. I believe that is the way it is funding for St. Luke’s Regional Med- projects, such as the dredging of the worded. So it really does not fund it. It ical Center in Boise, ID to expand pedi- Delaware in Philadelphia to provide a does not do anything at all. I think it atric services. There is funding for the 45-foot channel which traditionally has is the kind of thing that kind of gives St. Louis Children’s Hospital in St. been the responsibility of the Federal Congress a bad name in that we say we Louis for neonatal intensive care unit Government under constitutional pro- want to do these things, but we do not expansion. There is funding for the visions on waterways and related mat- provide any funding for them. Mississippi Gulf Coast Children’s ters. It would eliminate flood control, We really already know how to in- Health Project which uses mobile units which is vital. It would eliminate many crease the number of children insured to provide primary care to indigent items where there is congressional ex- in this country—by providing an in- children along the gulf coast. There is pertise and understanding. crease in the SCHIP bill program. The funding for Child Sight in New Mexico, Take the budget that is on the floor Senate recently voted 68 to 31 to do a vision screening and eyeglass pro- now. It is $152 billion. We have allo- that—68 to 31, pretty overwhelming. gram especially for Native Americans cated $400 million, which is about one- 3 That bill would have provided insur- on reservations. There is funding for quarter of 1 percent. So 99 ⁄4 percent ance to millions of children who do not St. Anthony’s Hospital in Oklahoma goes to the bureaucrats in the Depart- have any. Well, maybe the Senator City for construction of a newborn ment of Education, the Department of from Oklahoma did not agree with how nursery. All of these would be cut out Health and Human Services, and the that was done but, nonetheless, 68 Sen- if the amendment were adopted. They Department of Labor. I suggest that is ators did agree on both sides of the are good provisions, and they will go a an imbalance. People in the House of Representatives know their districts aisle on that approach. long way toward helping children’s much better than people sitting down- So, again, if the Senator was really health in all of these instances. concerned about the plight of these Again, I don’t see this as a serious town in big bureaus in Washington. Senators know their States better than children, I would suggest that rather means of doing anything to help chil- the bureaucrats. I dare say the astute then voting against the SCHIP bill, dren’s health. It is an attack on con- Senator from Oklahoma, the proponent which obviously provides some guid- gressionally directed funding to which of this amendment, knows what is ance and direction, that there is an- the Senator is opposed. As I said, I sup- going on in Oklahoma better than the other way of doing it. Again, I point port congressionally directed funding. I bureaucrats and would be in a better out that the Senate voted overwhelm- always have. I especially support it position to identify projects which are ingly to do that. now with the new provisions on trans- worthwhile. But to limit congressional That vote on SCHIP was a key one on parency and accountability as a result control to one-quarter of 1 percent is children’s health insurance, not a com- of the ethics bill we recently passed. certainly not appropriate, certainly pletely unrelated vote dealing with I reserve the remainder of my time. not overbearing. I wouldn’t call it de congressionally directed spending, The ACTING PRESIDENT pro tem- minimis because no dollar amount is de which is what this is. pore. Who yields time? minimis. We understand it is not the I say to my friend from Oklahoma, if Mr. SPECTER. How much time re- Government’s money; it is the tax- he wants more kids to have health in- mains? surance, then vote for a bill that would payers’ money. The ACTING PRESIDENT pro tem- The Senator from Iowa has made a provide more health insurance to kids. pore. The opposition has 4 minutes 50 very fundamental point. In fact, he If it is not the SCHIP bill, then what is seconds. The proponents have 6 min- made a couple of fundamental points; it? It has been suggested that maybe a utes 50 seconds. in fact, he has made several funda- vote for the Coburn amendment might Who yields time? mental points. One is the transparency. be a nice cover vote for those who op- Mr. HARKIN. I yield to the Senator It is all out in the open. We are pre- pose the SCHIP bill. I don’t think so. whatever time he requires. pared to debate any move to strike any Perhaps more and more people are find- The ACTING PRESIDENT pro tem- of the so-called earmarks. Earmarks ing out that a vote against the SCHIP pore. The Senator from Pennsylvania. has become a dirty word. But when you bill was not a very popular one, as we Mr. SPECTER. I thank the chairman. reach a real need somewhere and have hear from communities and States. But Mr. President, the Senator from an application for Federal funds that a an amendment such as this doesn’t Iowa, chairman of the subcommittee, Member of the House or the Senate un- change the facts about the SCHIP bill, has already advanced the substantive derstands, and in the broader context one way or the other. argument about our efforts to deal of one-quarter of 1 percent, I don’t I also disagree with the Senator’s im- with health care for children. I have think that goes too far to having Mem- plication, if I might say, that congres- supported it with a very solid vote. We bers who know their States and know sionally directed projects in the bill will take care of that issue. The Presi- their districts make those allocations. are unworthy of Federal spending. I am dent has vetoed the bill, and I and oth- I yield the floor. proud of the projects I included in this ers have signified our willingness to The ACTING PRESIDENT pro tem- bill. I will be glad to defend every one vote to override. It was not overridden pore. Who yields time? of them. Again, with the transparency in the House. The President has sig- Mr. COBURN. Mr. President, may I we have that came with the new ethics nified his willingness to negotiate. inquire as to the remaining time? reform bill, all of these have been There are some who do not want to ne- The ACTING PRESIDENT pro tem- spread upon the record. We know who gotiate on the congressional side. I be- pore. The Senator has 6 minutes 50 sec- asked for them and we know how much lieve that is a mistake. If they want to onds, and the opposition has 23 sec- money is involved. I am happy to de- attach political blame to the President onds. fend every one of the ones I put in if the program should lapse, ulti- Mr. COBURN. I thank the Chair. there. I should add that many of the mately, we will have a negotiation be- I stand somewhat amused that we are projects the Senator wants to elimi- cause the American people would see so powerless that the bureaucracy is

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27902 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 going to decide where everything goes. All we have to do is have an oversight The ACTING PRESIDENT pro tem- Earmarks are not the only way to de- hearing three times a week and make pore. Is there a sufficient second? cide how the budget is put out, and the them come up here and explain how At the moment there is not a suffi- fact that we use the excuse that we they are spending their money. They cient second. don’t have any control, it is called will start spending on priorities Ameri- The Senator from Iowa. oversight. Last year in the last Con- cans want. We don’t have our hands Mr. HARKIN. Mr. President, I do gress more oversight hearings were tied behind us just because we don’t do want to give the yeas and nays to the held by myself and TOM CARPER, true earmarks. Senator. I was just going to move to oversight hearings, than all the rest of The real question America is asking table the amendment and ask for the the Senate. The fact is, we don’t want is, are we going to change our ways yeas and nays. to do the hard work of oversight be- about real priorities, the real future for The ACTING PRESIDENT pro tem- cause it is easy to earmark something. our country, or are we going to con- pore. Is there a sufficient second on the But in fact, in dredging, you can hold tinue the same old process that has amendment itself? the Corps of Engineers to a priority brought us all the corruption we have Mr. HARKIN. Yes. list. You can bring them before Con- seen come through the House in the The ACTING PRESIDENT pro tem- gress and say: Why aren’t you dredging past that leads to conflicts of interest? pore. There appears to be a sufficient this? How is this a priority against We talk about transparency. We gut- second. something else? We don’t do the hard ted the transparency rules as far as ap- The yeas and nays were ordered. work of oversight. That is our problem. propriations are concerned in this bill The Senator from Oklahoma. Instead, we want to do it the easy way. and in our ethics bill, because no Mr. COBURN. Mr. President, par- I don’t deny these are good projects. longer do you say who is getting it or liamentary inquiry: As to the unani- They are. I am not saying they are not. what it is for. You only say where it is mous consent request that we agreed What I am saying is, what about the going. The very things that are in the to, was it not agreed to that we were long term? What about the fact that a House bill in terms of transparency are going to have votes on these amend- child born today is inheriting $400,000 not available to us in the Senate, so we ments up or down? in unfunded liabilities and that ear- can’t claim transparency. We are going Mr. HARKIN. No. marks happen to be the tool that al- to get transparency in September of Mr. COBURN. That was not part of lows us to spend more than we should, next year when the transparency bill the unanimous consent agreement? not directly through the earmarks but comes about. Fine. Senator HARKIN mentioned that we by voting for bills that should not be Mr. HARKIN. Mr. President, I say to didn’t offer an option. Senator BURR voted on? But because we have an ear- my friend from Oklahoma, it was on or and I both did, the Every American Kid mark in the bill, we vote for the bill. in relation to. So, yes, ask that again. Insured Act. We talked about it on this We have an unfunded liability right Mr. COBURN. Mr. President, I ask floor during the debate on the SCHIP now on Medicare of $34 billion. We are for the yeas and nays. bill. There are other ways to do this. never going to be trusted to fix that The ACTING PRESIDENT pro tem- Give them all a tax credit. Let them problem when we can’t be trusted to pore. The yeas and nays have been or- buy the insurance. We have 9 million have an arm’s-length separate alloca- dered on the amendment itself. kids out there uninsured, 3 million tion and look at what the problems are The Senator from Pennsylvania more within 1 year. There are ways for in front of us in terms of labor, health, Mr. SPECTER. Mr. President, on the us to solve that. But this is not a farce and human services. matter of management, after these amendment. This is an amendment I don’t deny what people want to do votes we will move ahead to take up about a very real problem. Will we in this bill could be prioritized. But the any other amendments that any Sen- have the right priorities when it comes number of requests were 36,000 this ators wish to offer. We had an under- to this country or are we going to send year. The fact is, can we get what are standing to conclude this bill by 12:30 $42 million to international labor orga- priorities for this country if we con- today, and we are anxious to come as nizations with no accountability what- tinue the process of using earmarks? close to that time as we can. If Sen- soever from the United Nations? That How about children’s health? Yes, we ators want to pursue any other amend- is what we are doing. That is what this passed a bill. We passed a bill that ments, they ought to consult with the bill does. We have another $400 million truly wasn’t paid for unless we want 22 managers immediately or we intend to worth of earmarks that are not com- million Americans to start smoking. go to third reading to complete this petitively bid and will never be over- We passed a bill that said: We are going bill. seen, and you will never see where the to pay $4,000 to buy $2,300 worth of The ACTING PRESIDENT pro tem- money goes. So the question on the care. We are great stewards when it pore. The Senator from Iowa. amendment is, will we change the proc- comes to the American taxpayers’ Mr. HARKIN. Mr. President, I say to ess. my friend from Pennsylvania, I think money on this new SCHIP bill. There is It is a serious amendment. We should no question we are going to get an we are getting close. With these three not be earmarking things until we do votes coming up now, hopefully we are SCHIP bill. That SCHIP bill is going to our business of taking care of kids’ in- truly reflect the needs of the poor peo- just a few amendments away from com- surance. pleting the bill, and hopefully we will ple who are not eligible for Medicaid. With that, I yield the floor. have it done early this afternoon. I had We are going to put the money there Mr. SPECTER. Mr. President, how hoped we would have it done by 12:30, we need to accomplish that. But to much time remains? confuse that bill with a process which The ACTING PRESIDENT pro tem- but that does not look possible. But we has got us $9.5 trillion in debt and hung pore. There is 23 seconds remaining for are getting close. I hope when Senators every one of our kids out to dry, that the opposition. come over to the Chamber we can work is what this amendment is about. It is Mr. HARKIN. Mr. President, I point out some other amendments that are the process I am attacking. out that the Coburn amendment pending at this time, and perhaps we I am not attacking individual Sen- doesn’t put 1 cent into helping chil- can get a consent to limit the number ators. I am saying if we are going to dren’s health, not 1 penny. Yet in the of amendments and bring closure to get control of the spending, at some bill itself, as I pointed out, there are a this bill sometime early this afternoon. point in the future we have to look at number of programs that actually go AMENDMENT NO. 3437 the process and how it works. For us to to help children’s health all over this The ACTING PRESIDENT pro tem- say it is easier for us to earmark than country. The Coburn amendment would pore. Under the previous order, the to hold the bureaucracy accountable eradicate those. question recurs on the Enzi amend- means we are not doing our job. We can Mr. COBURN. I ask for the yeas and ment. There is 2 minutes evenly di- hold the bureaucracies accountable. nays. vided.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27903 The Senator from Wyoming. [Rollcall Vote No. 383 Leg.] or whatever it is, we are not going to Mr. ENZI. Mr. President, again, I YEAS—65 spend the money. would ask that Senators support my Alexander Crapo Lugar Mr. HARKIN. Mr. President, I ask amendment to strike what we are talk- Allard DeMint Martinez the Senate please be called to order. ing about, which is an earmark of $6.2 Barrasso Dole McConnell The PRESIDING OFFICER. The Sen- Bennett Domenici Mikulski million for San Francisco and another Bingaman Dorgan Murkowski ate will come to order. $3 million for a few other towns. Bond Durbin Nelson (FL) The senior Senator from Pennsyl- We are changing law that we passed Brown Ensign Nelson (NE) vania is recognized. Brownback Enzi Pryor less than a year ago under an author- Bunning Graham Mr. SPECTER. Mr. President, the Roberts Burr Grassley issue of providing health care for chil- ization process. It is much harder to Salazar Cardin Gregg pass an authorization bill than it is an Sessions dren will be taken care of on the Carper Hagel SCHIP bill, which ultimately will be appropriations bill. We should not be Casey Harkin Shelby changing formulas under an appropria- Chambliss Hatch Smith subject to negotiations between the tions bill. Coburn Hutchison Stevens President and the Congress. The alloca- Cochran Inhofe Sununu tions on earmarks amount to approxi- The GAO numbers that we said would Coleman Isakson Tester happen are approximately what has Collins Kohl Thune mately one-quarter of 1 percent. Nine- happened. Of the $9 million, San Fran- Conrad Kyl Vitter ty-nine and three-quarters percent will cisco gets $6.2 million. They already Corker Levin Voinovich go to the bureaucrats in the depart- Cornyn Lincoln Warner ments. get twice as much per HIV/AIDS case Craig Lott Webb Members of the Senate and House as any of the rest of the towns. We put NAYS—28 in a hold harmless provision so nobody have more knowledge about what is would lose more than 5 percent of their Akaka Kerry Rockefeller going on in their districts and their Baucus Klobuchar Sanders States, and this is a very modest appli- money. We have been staying by that. Bayh Landrieu Schumer We did not guarantee supplemental Boxer Lautenberg Snowe cation for very worthwhile programs. money. That was done less than a year Byrd Leahy Specter The Senator from Oklahoma conceded Cantwell Lieberman Stabenow in the argument earlier that he is not ago. This is an earmark. Feingold Menendez Whitehouse challenging the worthwhileness of any There were waiting lines for people Feinstein Murray Wyden who needed HIV treatment and care. Inouye Reed of these programs. Any of them are Johnson Reid There are no waiting lines today. What subject to attack to be stricken, and we did last year worked. We should not NOT VOTING—7 they are all defensible. change it under appropriations now. Biden Kennedy Obama I ask that the amendment of the Sen- Clinton McCain ator from Oklahoma be rejected. I ask that you vote for my amend- Dodd McCaskill The PRESIDING OFFICER. The Sen- ment. The amendment (No. 3437) was agreed ator from Iowa is recognized. The PRESIDING OFFICER (Mr. to. Mr. HARKIN. Mr. President, I move CASEY). The Senator’s 1 minute has ex- to table the Coburn amendment and pired. AMENDMENT NO. 3358 The PRESIDING OFFICER. There ask for the yeas and nays. There is 1 minute in opposition to are now 2 minutes equally divided on The PRESIDING OFFICER. Is there a the amendment. the Coburn amendment. sufficient second? Who yields time? Who yields time? There is a sufficient second. Mr. HARKIN. Mr. President, since no Mr. HARKIN. Mr. President, first, I The question is on agreeing to the one wants to be recognized in opposi- make a point of order that the Senate motion. tion, I yield back the time. is not in order. Mr. DURBIN. I announce that the Mr. ENZI. Mr. President, I ask for The PRESIDING OFFICER. The Sen- Senator from Delaware (Mr. BIDEN), the yeas and nays. ate will come to order. the Senator from New York (Mrs. CLIN- The PRESIDING OFFICER. Is there a The Senator from Iowa is recognized. TON), the Senator from Connecticut sufficient second? Mr. HARKIN. Mr. President, we now (Mr. DODD), the Senator from Massa- There appears to be a sufficient sec- proceed to 2 minutes on the Coburn chusetts (Mr. KENNEDY), and the Sen- ond. amendment. After that, then we will ator from Illinois (Mr. OBAMA) are nec- The question is on agreeing to have 2 minutes on the DeMint amend- essarily absent. amendment No. 3437. ment and vote. These will be 10-minute I further announce that, if present The clerk will call the roll. votes as per the prior agreement. and voting, the Senator from Massa- The bill clerk called the roll. The PRESIDING OFFICER. Who chusetts (Mr. KENNEDY) would vote yields time? Mr. DURBIN. I announce that the ‘‘yea.’’ The Senator from Oklahoma is recog- Mr. LOTT. The following Senator is Senator from Delaware (Mr. BIDEN), nized. the Senator from New York (Mrs. CLIN- necessarily absent: the Senator from Mr. COBURN. Mr. President, this is a Arizona (Mr. MCCAIN). TON), the Senator from Connecticut straightforward amendment. It is an (Mr. DODD), the Senator from Massa- The PRESIDING OFFICER. Are there amendment about where our priorities any other Senators in the Chamber de- chusetts (Mr. KENNEDY), the Senator lie. Do they lie in our directed spending from Missouri (Mrs. MCCASKILL), and siring to vote? or do they lie with the children of this The result was announced—yeas 68, the Senator from Illinois (Mr. OBAMA) country who aren’t covered? are necessarily absent. nays 26, as follows: It is a very simple amendment. I [Rollcall Vote No. 384 Leg.] I further announce that if present know there are things in the bill for YEAS—68 and voting, the Senator from Massa- children, but the fact is out of the 9.5 chusetts (Mr. KENNEDY) would vote million who are uncovered, we have 3.6 Akaka Casey Harkin ‘‘no.’’ Alexander Cochran Hatch million who have not been covered for Baucus Coleman Hutchison Mr. LOTT. The following Senator is a year. Bayh Collins Inouye necessarily absent: the Senator from So this amendment simply states we Bennett Conrad Johnson Arizona (Mr. MCCAIN). Bingaman Craig Kerry are not going to spend any money on Bond Domenici Klobuchar The PRESIDING OFFICER. Are there the directed spending until the HHS Boxer Dorgan Kohl any other Senators in the Chamber de- Secretary certifies that we have done Brown Durbin Landrieu siring to vote? our job in terms of taking care of the Byrd Feinstein Lautenberg Cantwell Grassley Leahy The result was announced—yeas 65, kids. Whether that is the SCHIP bill, Cardin Gregg Levin nays 28, as follows: negotiations with the administration Carper Hagel Lieberman

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It is directed toward training Reed Specter across the Appalachian Council, States The Senator from Iowa is recognized. NAYS—26 in the Rust Belt, which have been hit AMENDMENTS NOS. 3351, AS MODIFIED; 3376, AS MODIFIED; 3397, 3401, 3430, 3436, 3418, AND 3388 EN Allard Crapo Kyl very hard by unfair foreign competi- BLOC Barrasso DeMint Lott tion, to have training and to have Brownback Dole Martinez workmanship skills developed. Mr. HARKIN. Mr. President, if the Bunning Ensign McCaskill It has been a successful program, and Senator from Massachusetts will with- Burr Enzi McConnell hold for a second, I have two modifica- Chambliss Feingold Sessions it ought to be retained. Vote aye to Coburn Graham table. tions I send to the desk, a modification Thune of amendment No. 3351, a Smith Corker Inhofe Vitter The PRESIDING OFFICER. All time Cornyn Isakson has expired. The question is on agree- amendment, and amendment No. 3376. I NOT VOTING—6 ing to the motion to table. The yeas have two modifications I send to the Biden Dodd McCain and nays have been ordered. desk. Clinton Kennedy Obama The clerk will call the roll. The PRESIDING OFFICER. Without objection, the amendments are so The motion was agreed to. The assistant legislative clerk called the roll. modified. AMENDMENT NO. 3387 Mr. HARKIN. Mr. President, I call up The PRESIDING OFFICER. The Sen- Mr. DURBIN. I announce that the Senator from Delaware (Mr. BIDEN), amendments No. 3351, as modified; 3376, ator from Iowa. as modified; 3397, by Senator LAUTEN- Mr. HARKIN. Mr. President, I under- the Senator from New York (Mrs. CLIN- TON), the Senator from Connecticut BERG; 3401, by Senator CARDIN; amend- stand there will now be 2 minutes prior ment No. 3430, by Senator FEINGOLD; to the vote on the DeMint amendment, (Mr. DODD), the Senator from Massa- chusetts (Mr. KENNEDY), and the Sen- amendment No. 3436, by Senator which we already have moved. ATCH ator from Illinois (Mr. OBAMA) are nec- H ; amendment No. 3418, by Sen- The PRESIDING OFFICER. Who ator LIEBERMAN; and amendment No. yields time? essarily absent. I further announce that, if present 3388, by Senator DEMINT. These have The Senator from South Carolina. all been agreed to. I ask for their im- Mr. DEMINT. Mr. President, I appre- and voting, the Senator from Massa- chusetts (Mr. KENNEDY) would vote mediate consideration en bloc. ciate my colleagues’ attention. I would The PRESIDING OFFICER. Without first like to ask unanimous consent to ‘‘yea.’’ Mr. LOTT. The following Senator is objection, it is so ordered. add Senator ENZI as a cosponsor of my necessarily absent: the Senator from Without objection, the amendments amendment. will be considered en bloc. Arizona (Mr. MCCAIN). The PRESIDING OFFICER. Without If there is no further debate, the objection, it is so ordered. The PRESIDING OFFICER. Are there any other Senators in the Chamber de- amendments are agreed to without ob- Mr. DEMINT. Mr. President, I want siring to vote? jection, en bloc. to make clear to my colleagues that The amendments considered and The result was announced—yeas 60, my amendment does not remove any agreed to en bloc are as follows: nays 34, as follows: money from this bill for its intended AMENDMENT NO. 3351, AS MODIFIED [Rollcall Vote No. 385 Leg.] purpose. In fact, the amendment ad- At the end of title II, add the following: YEAS—60 dresses the Workforce Investment Act, SEC. ll. (a) The amount made available money that goes to training and job Akaka Feinstein Nelson (NE) under the heading ‘‘AGING SERVICES PRO- Baucus Harkin Pryor GRAMS’’ under the heading ‘‘ADMINISTRATION placement in several places in the Bayh Inouye Reed country. My amendment only changes ON AGING’’ in this title shall be increased by Bennett Johnson Reid $10,000,000 of which— Bingaman Kerry Roberts the language from a sole-source non- (1) $5,000,000 shall be used to carry out part competitive grant, which we would Bond Klobuchar Rockefeller Boxer Kohl Salazar B of title III of the Older Americans Act of refer to as a direct earmark, to a com- Brown Landrieu Sanders 1965 (42 U.S.C. 3030d) for fiscal year 2008 (for petitive grant. Byrd Lautenberg Schumer supportive services and senior centers to We have all seen that the competi- Cantwell Leahy Smith allow area agencies on aging to account for tive grant system is a better way to de- Cardin Levin Snowe projected growth in the population of older Carper Lieberman Specter individuals, and inflation); liver Federal money to specific causes Casey Lincoln Stabenow that we support as a Senate because Cochran Martinez Stevens (2) $2,000,000 shall be used to carry out part there are criteria, there are standards, Coleman McCaskill Tester C of title III of such Act (42 U.S.C. 3030d–21 et Collins Menendez Voinovich seq.) for fiscal year 2008 (for congregate and and there is accountability. So we are Conrad Mikulski Warner home-delivered nutrition services to help ac- not excluding the AFL–CIO as a pro- Domenici Murkowski Webb count for increased gas and food costs); and vider of the services that we intend, Dorgan Murray Whitehouse (3) $3,000,000 shall be used to carry out part but it opens it for competitive bids. Durbin Nelson (FL) Wyden E of title III of such Act (42 U.S.C. 3030s et And it is important to realize that the NAYS—34 seq.) for fiscal year 2008 (for the National Department of Labor, after judging the Alexander DeMint Isakson Family Caregiver Support Program to fund performance of the AFL–CIO, has found Allard Dole Kyl the program at the level authorized for that Barrasso Ensign the performance lacking and has dis- Lott program under that Act (42 U.S.C. 3001 et Brownback Enzi Lugar seq.)). continued the contracts. Bunning Feingold McConnell (b)(1) The 3 amounts described in para- So please open this for competitive Burr Graham Sessions graph (2) shall be reduced on a pro rata basis, bidding. Please vote no on the motion Chambliss Grassley Shelby to achieve a total reduction of $10,000,000. Coburn Gregg Sununu (2) The amounts referred to in paragraph to table. Corker Hagel Thune The PRESIDING OFFICER. The sen- Cornyn Hatch (1) are— Vitter ior Senator from Pennsylvania. Craig Hutchison (A) the amount made available under the Mr. SPECTER. Mr. President, this Crapo Inhofe heading ‘‘SALARIES AND EXPENSES’’ under the heading ‘‘DEPARTMENTAL MANAGEMENT’’ in NOT VOTING—6 program has been in operation for dec- title I, for administration or travel expenses; ades and has proven to be very effec- Biden Dodd McCain (B) the amount made available under the Clinton Kennedy Obama tive. A hearing held by the sub- heading ‘‘GENERAL DEPARTMENTAL MANAGE- committee back on July 22, 2004, went The motion was agreed to. MENT’’ under the heading ‘‘OFFICE OF THE

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SECRETARY’’ in this title, for administration AMENDMENT NO. 3401 (d) The representative sample described in or travel expenses; and (Purpose: To express the sense of the Senate subsection (b) shall be designed in such a (C) the amount made available under the that the Secretary of Health and Human manner as to provide valid, reliable, and ac- heading ‘‘PROGRAM ADMINISTRATION’’ under Services should maintain ‘‘deemed status’’ curate information as well as sufficient sam- the heading ‘‘DEPARTMENTAL MANAGEMENT’’ coverage under the Medicare program for ple sizes for each type of school described in in title III, for administration or travel ex- clinical trials that are federally funded or subsection (c). penses. reviewed as provided for by the Executive AMENDMENT NO. 3436 AMENDMENT NO. 3376, AS MODIFIED Memorandum of June 2000) (Purpose: To assess the impact of education At the appropriate place in title II, insert On the appropriate place, insert the fol- funding in western States with a high pro- the following: lowing: portion of public lands) SEC. . It is the sense of the Senate that SEC. ll. (a) Notwithstanding any other ll At the appropriate place, insert the fol- provision of this Act, there shall be made the Secretary of Health and Human Services lowing: available under this Act a total of $7,500,000 should maintain ‘‘deemed status’’ coverage ‘‘Provided further, That the Secretary of for the National Violent Death Reporting under the Medicare program for clinical Education shall assess the impact on edu- System within the Centers for Disease Con- trials that are federally funded or reviewed, cation felt by students in States with a high trol and Prevention. as provided for by the Executive Memo- proportion of Federal land compared to stu- randum of June 2000. (b) Amounts made available under this Act dents in non-public land States. The study for travel and administrative expenses for AMENDMENT NO. 3430 shall consider current student teacher ra- the Department of Labor, the Department of (Purpose: To require the Comptroller Gen- tios, trends in student teacher ratios, the Health and Human Services, and the Depart- eral of the United States to submit a re- proportion of property tax dedicated to edu- ment of Education shall be further reduced port to Congress on student preparation cation in each State, and the impact of these on a pro rata basis by the percentage nec- techniques for standards-based assess- and other factors on education in public land essary to decrease the overall amount of ments) States. The Secretary shall submit the re- such spending by $7,500,000. port not later than 1 year after the date of At the end of title III, add the following: the enactment of this Act.’’ AMENDMENT 3397 SEC. ll. (a) Not later than May 31, 2009, the Comptroller General of the United States AMENDMENT NO. 3418 (Purpose: To require the Secretary of Health shall submit a report to Congress on student (Purpose: To prohibit the use of funds to and Human Services, acting through the preparation techniques to meet State aca- close a field office of the Social Security Administrator of the Centers for Medicare demic achievement standards and achieve on Administration before submission of a re- & Medicaid Services, to submit a report to State academic assessments. port justifying the closure) the Committee on Appropriations of the (b) The report required under subsection At the appropriate place, insert the fol- Senate on workers’ compensation set- (a) shall include a compilation of data col- lowing: asides under the Medicare secondary payer lected from surveying a representative sam- SEC. ll. None of the funds appropriated set-aside provisions under title XVIII of ple of schools across the Nation to determine or otherwise made available in this Act or the Social Security Act) the range of techniques that schools are any other Act making appropriations to the At the appropriate place in title II, insert using in order to prepare students to meet agencies funded by this Act may be used to the following: State academic achievement standards and close or otherwise cease to operate the field SEC. ll. (a) Not later than 30 days after achieve on State academic assessments, in- office of the Social Security Administration the date of enactment of this Act, the Sec- cluding the extent to which schools have— located in Bristol, Connecticut, before the retary of Health and Human Services, acting (1) extended the school day; date on which the Commissioner of Social through the Administrator of the Centers for (2) hired curriculum specialists to train Security submits to the appropriate commit- Medicare & Medicaid Services, shall submit teachers or work with individual students or tees of Congress a comprehensive and de- a report to the Committee on Appropriations small groups of students; tailed report outlining and justifying the of the Senate and the Committee on Appro- (3) de-emphasized academic subjects of process for selecting field offices to be priations of the House of Representatives on which State academic achievement stand- closed. Such report shall include— workers’ compensation set-asides under the ards and assessments are not required under (1) a thorough analysis of the criteria used Medicare secondary payer set-aside provi- the Elementary and Secondary Education for selecting field offices for closure and how sions under title XVIII of the Social Security Act of 1965 (20 U.S.C. 6301 et seq.); the Commissioner of Social Security ana- Act. (4) used commercial test preparation mate- lyzes and considers factors relating to trans- (b) The report described in subsection (a) rial; portation and communication burdens faced shall contain the following information: (5) provided increased professional develop- by elderly and disabled citizens as a result of (1) The number of workers’ compensation ment for teachers; field office closures, including the extent to set-aside determination requests that have (6) targeted low-performing students for which elderly citizens have access to, and been pending for more than 60 days from the specialized instruction or tutoring; competence with, online services; and date of the initial submission for a workers’ (7) instituted formative or benchmark (2) for each field office proposed to be compensation set-aside determination. exams; closed during fiscal year 2007 or 2008, includ- (2) The average amount of time taken be- (8) distributed old exam questions to teach- ing the office located in Bristol, Con- tween the date of the initial submission for ers and students and focused instruction on necticut, a thorough cost-benefit analysis for a workers’ compensation set-aside deter- these old exam questions; each such closure that takes into account— mination request and the date of the final (9) increased instructional time on tested (A) the savings anticipated as a result of determination by the Centers for Medicare & subjects; or the closure; Medicaid Services. (10) used any other techniques to prepare (B) the anticipated burdens placed on el- (3) The breakout of conditional payments students to meet State academic achieve- derly and disabled citizens; and recovered when workers’ compensation is the ment standards and achieve on State aca- (C) any costs associated with replacement primary payer separate from the amounts in demic assessments. services and provisional contact stations. Workers’ Compensation Medicare Set-aside (c) The data collected pursuant to this sec- AMENDMENT NO. 3388 Accounts (in this section referred to as tion shall be reported— (Purpose: To prohibit the use of funds by cit- ‘‘WCMSAs’’). (1) as data for all schools; and ies that provide safe havens to illegal drug (4) The aggregate amounts allocated in (2) as data disaggregated by— users) WCMSAs and disbursements from WCMSAs (A) high-poverty schools; At the appropriate place, insert the fol- for fiscal year 2005 and fiscal year 2006. (B) low-poverty schools; lowing: (5) The number of conditional payment re- (C) schools with a student enrollment con- SEC. ll. Notwithstanding any other pro- quests pending with regard to WCMSAs after sisting of a majority of minority students; vision of this Act, none of the funds appro- 60 days from the date of the submission of (D) schools with a student enrollment con- priated in this Act may be allocated, di- the request. sisting of a majority of non-minority stu- rected, or otherwise made available to cities (6) The number of WCMSAs that do not re- dents; that provide safe haven to illegal drug users ceive a determination based on the initial (E) urban schools; through the use of illegal drug injection fa- complete submission. (F) suburban schools; cilities. (7) Any other information determined ap- (G) rural schools; and AMENDMENTS NOS. 3350 AND 3446 WITHDRAWN propriate by the Congressional Budget Office (H) schools identified as in need of im- in order to determine the baseline revenue provement under section 1116 of the Elemen- Mr. HARKIN. Mr. President, regard- and expenditures associated with such work- tary and Secondary Education Act of 1965 (20 ing amendment No. 3350 by Senator ers’ compensation set-asides. U.S.C. 6316). LAUTENBERG and No. 3446 by Senator

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LANDRIEU, I ask unanimous consent face a future risk, to know we are se- working with you to prevent future deaths they both be withdrawn. lectively choosing where we inves- and injuries among fire fighters. The PRESIDING OFFICER. Without tigate and where we do not does not do Sincerely, objection, it is so ordered. the job. We need to investigate all of CHIEF STEVEN P. WESTERMANN, CFO, President, International Association The Senator from Massachusetts is those fatalities, and we need to do ev- of Fire Chiefs. recognized. erything possible to provide our fire- HAROLD A. SCHAITBERGER, AMENDMENT NO. 3398 TO AMENDMENT NO. 3325 fighters the procedures and equipment General President, International Mr. KERRY. Mr. President, I know necessary to save lives. Association of Fire Fighters. we want to and need to break for recess This funding will add an additional Mr. KERRY. I think both sides have in a moment so I will not be very long $2.5 million to that investigative fund now agreed to this amendment. at all. I call up amendment No. 3398. I and allow us to complete our responsi- The PRESIDING OFFICER. Is there ask for its immediate consideration. bility to those courageous firefighters further debate? The PRESIDING OFFICER. Is there across the country. objection to setting aside the pending Mr. HARKIN. Mr. President, can we amendments? Without objection, it is I ask unanimous consent a letter withhold for a second? The amendment so ordered. from the International Association of by the Senator from Massachusetts is The clerk will report. Fire Fighters and the International As- accepted on both sides. The legislative clerk read as follows: sociation of Fire Chiefs be printed in The PRESIDING OFFICER. Without the RECORD. The Senator from Massachusetts [Mr. objection, the amendment is agreed to. KERRY] proposes an amendment numbered There being no objection, the mate- The amendment (No. 3398) was agreed 3398. rial was ordered to be printed in the to. Mr. KERRY. I ask unanimous con- RECORD, as follows: Mr. KERRY. Mr. President, I move to sent the reading of the amendment be October 18, 2007. reconsider the vote. dispensed with. Hon. JOHN F. KERRY Mr. HARKIN. I move to lay that mo- The PRESIDING OFFICER. Without 304 Russell Senate Office Building, tion on the table. objection, it is so ordered. Washington, DC. The motion to lay on the table was The amendment is as follows: DEAR SENATOR KERRY: On behalf of the agreed to. Mr. KERRY. I thank the Chair and AMENDMENT NO. 3398 International Association of Fire Chiefs, rep- resenting nearly 13,000 chief fire and emer- the distinguished manager. (Purpose: To provice funding for the Fire gency officers, and the International Asso- f Fighter Fatality Investigation and Preven- ciation of Fire Fighters, representing more tion Program) than 280,000 professional fire fighters and RECESS At the appropriate place in title I, insert emergency medical personnel, we are writing the following: The PRESIDING OFFICER. Under to express our strong support for your the previous order, the Senate stands SEC. ll. To enable the National Institute amendment to the FY 2008 Labor, Health and for Occupational Safety and Health to carry Human Services, Education and Related in recess until 2:15 p.m. out the Fire Fighter Fatality Investigation Agencies Appropriations Act providing $5 Thereupon, the Senate, at 12:41 p.m., and Prevention Program, $5,000,000, which million for the Fire Fighter Fatality Inves- recessed until 2:15 p.m. and reassem- shall include any other amounts made avail- tigation and Prevention Program (FFFIPP) bled when called to order by the Pre- able under this Act for such Program. of the National Institute for Occupational siding Officer (Mr. CARPER). Amounts made available under this Act for Safety and Health (NIOSH). travel expenses for the Department of Labor, f Of the 1.1 million fire fighters who self- the Department of Health and Human Serv- DEPARTMENTS OF LABOR, ices, and the Department of Education shall lessly serve their communities and their country, approximately 100 die on the job HEALTH AND HUMAN SERVICES, be reduced on a pro rata basis by the per- AND EDUCATION APPROPRIA- centage necessary to decrease the overall each year. Additionally, the National Fire amount of such spending by $2,500,000. Protection Association estimates that 80,100 TIONS ACT, 2008—Continued fire fighter injuries occurred in the line of The PRESIDING OFFICER. In my Mr. KERRY. Mr. President, in Feb- duty in 2005 alone. The FFFIPP is instru- ruary of this year, I sent a letter to the mental in discovering the primary factors capacity as a Senator from the State of inspector general for the Department contributing to fire fighter deaths and rec- Delaware, I suggest the absence of a of Health and Human Services regard- ommending ways to prevent future deaths quorum. ing a report from the Centers for Dis- and injuries. The clerk will call the roll. ease Control that actually blocked an Since its inception in 1998, the FFFIPP—in The assistant legislative clerk pro- investigation into the death of 6 fire- cooperation with fire departments and fire ceeded to call the roll. fighters whose personal safety equip- fighters around the country—has conducted Mrs. FEINSTEIN. Mr. President, I ment had failed them between 1998 and over 300 fatality investigations. The findings ask unanimous consent that the order and recommendations of these investigations for the quorum call be rescinded. the year 2000. In the response to me, have led to increased awareness of fire fight- the inspector general reported that The PRESIDING OFFICER. Without er safety and health hazards, and led to nu- objection, it is so ordered. funding of the current funds that exist merous cooperative efforts among and be- in the Firefighter Fatality Investiga- tween the fire service and NIOSH to improve Mrs. FEINSTEIN. I ask to speak as tion and Prevention Fund within the fire fighter safety and health. in morning business. National Institutes of Occupational Despite such successes, fatality investiga- The PRESIDING OFFICER. Without Health and Safety is flat. Their re- tions are not as common nor as comprehen- objection, the Senator is recognized. sources are such that they have had to sive as they should be. According to a recent CALIFORNIA WILDFIRES pick and choose where they can con- report by the inspector general of the De- Mrs. FEINSTEIN. Mr. President, I duct those kinds of investigations. partment of Health and Human Services, wanted to take a few minutes to do such shortcomings are caused, in part, by a Every year, about 100 firefighters die what Senator BOXER did yesterday, lack of resources. in the line of duty in America and which is essentially to update the Sen- about 87,000 are injured. This fund is an Congress clearly intended for NIOSH to ate on the catastrophic fires in Cali- investigative fund that helps find ways thoroughly investigate every fire fighter fornia. I offer these words on behalf of line-of-duty death. By doubling the funding in which we can protect firefighter allocated for the FFFIPP in FY 2007, your Senator BOXER and myself. lives—whether there is a certain kind amendment will allow NIOSH to better ful- Today there are 14 fires, big fires, of equipment that might have made a fill its Congressional mandate and help pre- burning in California. The bulk of them difference or a certain procedure that vent fire fighter injuries and deaths. are uncontained and out of control. might have made a difference. Obvi- Thank you for your leadership in pro- The containment factor is very small. ously, for those fire stations, fire tecting the health and safety of our Nation’s More than half a million people have houses with the losses or those that first responders. We look forward to continue been told to evacuate their homes.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27907 More than 309,000 acres have been de- areas. It is not going to be enough to Agua Dulce—Santa Clarita: Buckweed Fire stroyed by fire, over 400 miles, from simply put it in one place. (Mint Canyon area, burning toward Magic north of Los Angeles to San Diego and Last night, the Secretary of the Inte- Mountain)—Acres burned: 35,550; contain- now across the Mexican border, and rior informed me that the fires have ment: 20%; residents evacuated: 15,000; struc- tures destroyed: 15 homes, 17 outbuildings; more, we fear, will be destroyed. crossed the line and are entering into structures threatened: 3,800; firefighters: The deaths, fortunately, today are Baja California, Mexico, and urged 1,200; injuries: 1 firefighter and 3 residents. limited to one, with 34 injured through- Mexican authorities to begin to speak Orange County: Santiago Fire (Silverado out southern California, some of them out. Canyon, burning toward Portola Springs and firefighters. High wind and high tem- These fires are fast moving. You see Northwood village of Irvine)—Acres burned: peratures persist. A red flag warning is them at a distance on a hill, and you 15,000 acres; containment: 30%; structures in effect for the California coast from do not believe you will be affected be- destroyed: 1 outbuilding; structures threat- Monterey to the Mexican border. More cause the winds are contrary to what ened: 2,000; residents evacuated: unk.; fire- fighters: 492. than 1,000 homes have been destroyed; you expect. Then, suddenly, within a Lake Arrowhead: Slide and Grass Valley 11,500 are now threatened. Today more short period of time, 2 hours, the fire is Fires (Green Valley Lake and Lake Greg- than 100 commercial buildings have upon you. ory)—Acres burned: 1,800; containment: 0%; been destroyed, and 2,000 are threat- So people must be alert, and they structures lost: at least 450 homes; struc- ened; 52 outbuildings have been de- must evacuate these fire areas. The tures threatened: 1,900; firefighters: 82 en- stroyed and 550 are threatened. military is pitching in. Fifteen hundred gines, 7 hand crews. Health warnings have been issued be- National Guard personnel are actively Mrs. FEINSTEIN. Mr. President, I cause of smoke and particulate matter. engaged or directly supporting fire- suggest the absence of a quorum. As you know, these fires are driven by fighting efforts. We have 550 Active- The PRESIDING OFFICER. The hurricane and gale-force Santa Ana Duty marines, 17,000 California Na- clerk will call the roll. winds, which are hot and contrary to tional Guard personnel are available. I The assistant legislative clerk pro- the prevailing westerly flow, east to believe we have more than 5,300 State ceeded to call the roll. west. They are fueled by bone-dry of California firefighters on the line, Mr. HARKIN. I ask unanimous con- brush from years of drought and vir- and hundreds more from local jurisdic- sent that the order for the quorum call tually no humidity. Humidity is below tions. Today, a combination of Na- be rescinded. 10 percent. tional Guard, Navy and Marine Corps The PRESIDING OFFICER. Without Fires are raging still in Malibu, at aircraft, are either supporting fire- objection, it is so ordered. Lake Arrowhead in Irvine and Santa fighter efforts or are prepared to pitch Mr. HARKIN. For the benefit of Sen- Clarita. The Arrowhead area is particu- in. ators, I understand a number of Repub- larly dangerous because there are half The problem is, with the wind and licans are at the White House for a a million acres of pine-beetle infested dense smoke, it is difficult for a plane White House meeting until 3:30, so dead trees waiting to go up. or helicopter to know where they are there will not be any votes between Of course, they are raging in San going. Simply put, this is a disaster of now and 3:30. However, we want to get Diego County, which is bearing the huge proportions. It is catastrophic in amendments up and debated. Hopefully brunt of two major fires which well terms of property loss and environ- at around 3:30 or shortly thereafter we could join. Already, the 300,000 people mental damage. can start a series of votes. Right now in San Diego County alone have been Hopefully, it is not going to be a we have four amendments pending and told to evacuate. More than 10,000 of huge catastrophe in terms of loss of three more amendments that are not them are now taking refuge in life. I do not think there is anything pending but will be called up shortly. Qualcomm Stadium, home to the San other than a catastrophic health inci- One of those will be offered by the Sen- Diego Chargers. These people will be dent that is more serious to a person or ator from New Mexico. That is the lay there for 48 to 72 more hours and pos- family than losing their home by flood of the land. It looks as if we are down sibly more. or fire. to about seven votes, possibly, starting Sanitary supplies are going to be- I know Californians will respond in at or around 3:30 or shortly thereafter. come a problem. It is going to be a real their traditional stalwart and generous I yield the floor and suggest the ab- effort to get food and water to these manner to help their neighbors. Both sence of a quorum. evacuees and the hundreds of thou- Senator BOXER’s and my heart go out The PRESIDING OFFICER. The sands of people displaced around south- to all Californians today. clerk will call the roll. ern California. I ask unanimous consent that the The assistant legislative clerk pro- Both Senator BOXER and I spoke to specific statistical roundup of these ceeded to call the roll. the Governor, and he has declared a larger fires be printed in the RECORD. Mr. BINGAMAN. I ask unanimous seven-county disaster area. Yesterday There being no objection, the mate- consent that the order for the quorum the President declared southern Cali- rial was ordered to be printed in the call be rescinded. fornia a disaster area to be able to RECORD, as follows: The PRESIDING OFFICER. Without speed the Federal Emergency Manage- Here is a roundup of the larger fires: objection, it is so ordered. ment Agency’s relief, which is critical. San Diego: Witch Fire (NE S.D. County, Mr. BINGAMAN. Mr. President, I un- This is going to be a real test of near Santa Ysabel, burning toward Ramona derstand there is still some checking to FEMA. We are going to learn whether and Julian)—Acres burned: 145,000; contain- see if there is any objection to setting FEMA actually learned from the hurri- ment: 0%; residents evacuated: 100,000+; aside the pending amendment so I may cane in New Orleans, a test of whether structures destroyed: 500 homes, 100 commer- offer an amendment. While we are cial properties; structures threatened: 2,000 waiting, I wish to describe the sub- FEMA has gotten its act together post- homes, 400 commercial properties; fire- Katrina. fighters: 625; injuries: none reported. stance of the amendment I intend to FEMA must act quickly and urgently San Diego: Harris Fire (SE S.D. County, 75 offer. to get help to California. The State is miles east of downtown San Diego near the This amendment is intended to re- going to need cots; it is going to need Mexican border)—Acres burned: 22,000; con- duce the Social Security backlog. Most blankets; it is going to need water, tainment: 5%; residents evacuated: 1,000+; of us who go back to our home States food, and, most importantly, those san- firefighters: 400; deaths—injuries: 1 man on weekends and during recesses know itary facilities that are needed for the killed, 5 firefighters and 20 civilians injured. about the Social Security backlog. We people who are camping out today, Malibu: Canyon Fire (Burning toward hear from individuals in our States Pepperdine University and Pacific Ocean)— sleeping in cars, located in schools, or Acres burned: 3,800; containment: 10%; resi- about how long they have to wait to in Qualcomm Stadium. dents evacuated: 1,500; structures destroyed: find out whether their Social Security Most importantly, this help has to be 6 homes, 1 church; structures threatened: 600; disability claims have been approved. spread throughout the 14 different fire firefighters: 1,500; injuries: none. We hear about elderly people waiting

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27908 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 in long lines for service at Social Secu- the Social Security Administration rent challenges individuals with dis- rity offices. We hear about busy signals will drop below 60,000. abilities are facing in accessing dis- when they call the 1–800 number that is Thousands of employees are leaving ability benefits, and they have worked provided for people trying to find out the Social Security Administration’s hard to increase administrative funds the status of their Social Security field and hearing offices without being for the Social Security Administration claim. But I am not sure most of us un- replaced. As many of us know, the field by $125 million over the amount that derstand the extent of the backlog, the offices around the country are reducing was requested by the President. I be- consequences of it, or the reasons. their hours. lieve we all recognize how important For more than 70 years Social Secu- In Carlsbad, NM—which I visited 2 that infusion of funds will be. rity has provided millions of American weeks ago—due to a reduction in hours In the committee report accom- workers and their families with a basic of service, seniors and people with dis- panying the bill that we are consid- level of protection against poverty abilities are forced to line up around ering, the chairman requested the when a worker can no longer work due the building, often waiting hours to get Commissioner of Social Security to set to old age. Of course, we are all aware served. Even worse, some field offices forth a plan to reduce the backlog. As of disability now being covered by So- are shutting their doors permanently. submitted, the Commissioner’s plan cial Security. Social Security benefits Meanwhile, since 1990, the number of would include: accelerating review of are the only means of survival for mil- disabled workers drawing disability cases that are likely or certain to be lions of individuals with severe disabil- benefits has more than doubled. That approved; improving hearing proce- ities. These individuals rely on the So- number has gone from 3 million in 1990 dures; increasing adjudicatory capac- cial Security Administration to to 6.8 million today. Field offices are ity; and increasing efficiency through promptly and fairly adjudicate their averaging over 850,000 visitors a week automation and improved business applications for disability benefits. Un- during this current year. processes. As we know from the press, the first fortunately, we are witnessing a trend Unfortunately, the amount of fund- baby boomer officially filed for Social where this is simply not happening. ing in the bill does not go far enough, Security last week. So the demands on According to the Social Security Ad- in my view, to substantially reduce the Social Security are only going to in- ministration, there are currently over backlog. According to the Commis- crease. In addition, Congress has sig- 756,000 cases waiting for hearing. That sioner, this amount of funding will nificantly increased the Social Secu- is not waiting for a final determina- merely ‘‘stem the tide.’’ It will not ad- rity Administration’s responsibilities tion, waiting for a hearing. The aver- dress the backlog in a significant way. as part of the Medicare Part D legisla- age time to get a hearing is 523 days. The fiscal year 2008 budget resolu- tion. That is the longest it has been in the So the Social Security Administra- tion—which we all considered on the history of the Social Security Adminis- tion finds itself in a very dire cir- floor, and many of us voted for—rec- tration. The average processing time cumstance. The Social Security Ad- ommends an increase of $430 million for a hearing is projected to increase ministration has over 1,400 field and above the President’s request for the next year, based on the numbers we hearing offices in cities and towns Social Security Administration’s ad- have in the appropriations bill before across the country. Mandatory costs, ministrative budget in order to reduce us. This is a problem for individuals such as program integrity, rent, this backlog. The amendment I am in- with disabilities in my State of New guards, postage, employees’ salaries, tending to offer later today would get Mexico. and benefits are continuing to rise. Un- us to half that amount by increasing Currently the average processing fortunately, Congress appropriated on the Social Security Administration’s time per case in the Albuquerque hear- average each year for the last 7 years administrative budget by an additional ing office is 528 days. Keep in mind, about $150 million less than the admin- $160 million. The amendment would this is only the time it takes to get a istration requested. The current budget give the Social Security Administra- hearing. This does not include the time situation has simply been compounded tion the resources it needs to reduce it takes for an initial determination or by years of sustained underfunding by the backlog to help get rid of these for a final determination. This past the Congress. long lines. May the Finance Committee, on which According to the Social Security Ad- The amendment is paid for. The I am privileged to serve, received testi- ministration, the present cost of proc- amendment would shift excess Medi- mony indicating there are thousands of essing the hearing backlog would be care funds to pay for this critical in- individuals with disabilities who cur- $794 million. The difference between crease in funding to the Social Secu- rently have cases pending with the So- the amount of funding requested for rity Administration in this 1 year. cial Security Administration and have administrative expenses and the These offsetting funds have been iden- had those cases pending for 3 years or amount appropriated for fiscal years tified in close collaboration with Fi- more. The Finance Committee received 2001 through 2007 is $962 million—more nance Committee staff and, of course, testimony regarding the extreme hard- than enough to address the backlog. So Senator BAUCUS is a cosponsor of the ships individuals with severe disabil- if we had actually appropriated what amendment. ities must endure while awaiting a the administration asked for during Importantly, these funds would be final decision on their disability fiscal years 2001 through 2007, we would immediately replaced at the beginning claims. We heard instance after in- largely have this backlog problem of fiscal year 2009 with generally avail- stance where individuals with severe solved. Unfortunately, we did not do able funding that was passed as part of disabilities were unable to work and that. the Transitional Medical Assistance were forced to declare bankruptcy. I thank the chairman and the rank- extenders package. They lost their homes, suffered deterio- ing member of this subcommittee on Finally, the amendment would also ration in their medical conditions, and the Appropriations Committee for permit the U.S. Treasury Department some even died while their claims lin- their significant efforts to address the to invest its excess operating capital. gered in Social Security Administra- backlog. As you know, the chairman of So this represents responsible over- tion offices. the subcommittee has been a tireless sight by the Treasury Department. According to the Social Security Ad- leader on issues affecting individuals This policy has been recommended by ministration, staffing levels are at with disabilities. For decades, he has the Government Accountability Office their lowest since 1972. Thirty years led the way in the Senate on reducing and others. It is estimated this policy ago, the Social Security Administra- barriers for individuals with disabil- will generate tens of millions of dollars tion had more than 82,000 employees. In ities and ensuring full community par- for the Federal Government over the 2005 the Social Security Administra- ticipation. next 10 years. tion had 66,000 employees. In a few Fortunately, the chairman and the The bottom line is millions of Amer- months, the expected employment at ranking member recognized the cur- ican workers and their families—people

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27909 whom we represent—rely on Social Se- and the cost of health care is soaring in the next 3 years. These centers now curity to protect them against poverty every day. What this legislation deals serve over 86,000 Vermonters and pro- in the event they are no longer able to with and I think deals with quite well vide quality health care, quality dental work. This incredible insurance pro- is understanding that it is important care, low-cost prescription drugs, and gram is breaking down because of our for us to grow the number of commu- mental health counseling in some 23 failure to fund the administration of nity health centers in this country. different locations around the State of the program. The community health center pro- Vermont. The centers are the medical So I urge my colleagues to support gram is a wonderful success story, and home for 24 percent of Vermont’s Med- my amendment. It is being offered on it is widely recognized as one of the icaid beneficiaries and serve 19 percent behalf of myself, Senator SNOWE from most cost-effective programs in the en- of our uninsured. Maine, and Senator BAUCUS from Mon- tire Federal Government. Community Nationally, health centers are not tana. health centers are community-run. only providing quality, efficient care in Mr. President, I do not believe we They are run by the people in the com- underserved communities, they are fill- have yet gotten to a point procedurally munity themselves. They are run on a ing a major gap in our Nation’s health where I am able to offer the amend- nonprofit basis. They provide not only care system where primary care is be- ment, so I yield the floor. affordable health care to their people coming a lost profession. It is no secret The PRESIDING OFFICER. The Sen- but affordable dental care, which is a that in many parts of America, espe- ator yields the floor. growing crisis all over rural America cially rural America, it is very, very Who seeks recognition? and in the State of Vermont. They pro- hard for people to locate a primary The Senator from Virginia. vide mental health counseling—an- health care physician. It is also imper- Mr. WEBB. Mr. President, I ask other serious issue. They provide low- ative that these centers play a role, unanimous consent to speak as in cost prescription drugs—in fact, the which allow people to go to them rath- morning business. lowest cost prescription drugs avail- er than flooding emergency rooms in The PRESIDING OFFICER. Without able in America. hospitals, which are much more expen- objection, it is so ordered. These federally qualified health cen- sive. (The remarks of Mr. WEBB are print- ters serve people from all walks of life In addition to this appropriations ed in today’s RECORD under ‘‘Morning and all incomes. Whether you have pri- bill, we are also in the process of reau- Business.’’) vate insurance, whether you have thorizing the community health center Mr. WEBB. Mr. President, I yield the Medicare, whether you have Medicaid, program in the Health, Education, floor. or whether you have no health insur- Labor and Pensions Committee on The PRESIDING OFFICER. The Sen- ance, you are welcome into these com- which I serve, and I thank our chair- ator yields back. munity health centers. For those with man and our ranking member for put- Who seeks recognition? no health insurance, payment is based ting forth this important legislation Mr. WEBB. Mr. President, I suggest on a sliding scale. If you don’t have a that has the support of 68 Members the absence of a quorum. whole lot of money, you don’t have to from both sides of the aisle. The PRESIDING OFFICER. The pay a lot for your health or dental So I think this issue of community clerk will call the roll. care. health centers is very much an issue The assistant legislative clerk pro- Today, over 16 million Americans—16 and an area supported by people from ceeded to call the roll. million—benefit from the services different political perspectives. It is Mr. CASEY. Mr. President, I ask health centers provide in every State doing an enormous job in providing unanimous consent that the order for and in almost every congressional dis- health care to millions of Americans. I the quorum call be rescinded. trict in our country. For an average am glad we are going to take a step The PRESIDING OFFICER. Without Federal grant expenditure of only $124 forward when we pass this legislation. objection, it is so ordered. per patient per year, these centers offer The PRESIDING OFFICER. The Sen- (The remarks of Mr. CASEY are print- comprehensive health care, regardless ator from Idaho is recognized. ed in today’s RECORD under ‘‘Morning of ability to pay. At a time when more Mr. CRAPO. Madam President, I ask Business.’’) and more Americans are losing their unanimous consent to speak as in Mr. CASEY. Madam President, I health insurance, when they are find- morning business. yield the floor. ing it hard to secure primary health The PRESIDING OFFICER. Without The PRESIDING OFFICER (Mrs. care, these centers play an extraor- objection, it is so ordered. MCCASKILL). The Senator from dinary role, and they deserve to be ade- METHAMPHETAMINE CONTROL Vermont is recognized. quately funded. Mr. CRAPO. Madam President, in Mr. SANDERS. Madam President, let This legislation provides $2.24 billion September, the Finance Committee me take this opportunity to thank for the community health center pro- held a hearing on the efficacy, over the Senator HARKIN and his staff for their gram—a $250 million increase above the past year, of the Combat Methamphet- very hard work on the Labor-HHS leg- fiscal year 2007 level. I thank Senators amine Epidemic Act, or the Combat islation and commend the ranking Harkin and Specter very much for Meth Act, for short. The Combat Meth member, Senator SPECTER, and his their support for this program. It is es- Act implemented restrictions on drugs staff as well. The reality is that the timated that this increase will allow us that go into the production of needs facing the people of our country to expand or create some 500 new com- methamphetamines. Methamphet- who are impacted by this bill are enor- munity health centers all over this amine abuse has devastated lives, fami- mous. There is, unfortunately, not country, serving an additional 2 mil- lies, and communities across our Na- enough funding available to accommo- lion Americans. That is a big deal at a tion and across the world. The testi- date those needs, and within that con- time when millions and millions of mony given at this hearing by the U.S. text, Senator HARKIN and Senator people are unable to find primary Department of Homeland Security, the SPECTER have done their very best. health care or just don’t have the funds U.S. Department of State, and State I wish to say a few words about one to pay for it. Given the fact that we agencies indicated that while the Com- particular program which is important have 47 million uninsured, it is clear bat Meth Act helped reduce the home to me, which is important to the people this is not enough, but it is a signifi- production of methamphetamine of Vermont, and which is vitally im- cant step forward. across the U.S., it is now flowing at portant to this whole country as we try In Vermont in recent years, we have historic levels across our borders from to deal with the health care crisis our expanded the number of federally countries where production controls country is now facing, a crisis in which qualified health centers from two to are much less rigid. 47 million Americans have no health six, and my hope is that we can add an A 2006 Substance Abuse and Mental insurance, even more are underinsured, additional three or four more centers Health Services Administration report

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27910 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 found that my home State of Idaho had ment efforts. These efforts have proven mand of my State and surrounding one of the highest rates of meth- highly successful. In 2000, 186 meth labs western and southwestern States to amphetamine use in the preceding 12 were seized. In 2004, the number had other areas in the United States: We’re months of those aged 12 and older. In dropped to 38 thanks to this enhanced seeing it in the Great Lakes, the rural Idaho, especially, the issue of coordination strategy. According to Northeast, and Southeast. methamphetamine abuse has almost Idaho law enforcement agencies, meth Again, the lure of an enormous profit become commonplace: I visit with local lab seizures are now at an all-time low, margin, coupled with the highly ad- officials and community leaders to which has resulted in less danger to dictive nature of meth is a proven rec- hear about problems affecting their neighborhoods and communities, as ipe for even greater disaster. The Mexi- community when I am home in Idaho. well as to environmental protection can Government has been working over When I ask if it is still a problem, the workers who are responsible for doing the past few years to exert more sweep- response is almost always ‘‘of course,’’ clean up of these sites after they are ing control of the movement of large as if the very question was a little seized. amounts of methamphetamine pre- naive. This troubles me greatly. At the Finance Committee hearing cursor drugs. Our Government is work- Thomas Siebel, chairman and found- last month, Gary Kendall, director, ing with the Mexican Government in er of the highly successful Montana State of Iowa Governor’s Office of Drug ongoing border security and drug traf- Meth Project, also testified at the Sep- Control Policy, testified that Iowa had ficking initiatives, but as supply lines tember Finance Committee hearing on also seen success with ‘‘State and local are squelched in one area, they restart the Combat Meth Act. The Montana prevention efforts’’ and ‘‘multijuris- in other areas and other countries Meth Project was established in 2005 as dictional task forces.’’ where controls and law enforcement a nonprofit organization created to re- At the national and international are lacking. As I stated earlier, this is duce first-time methamphetamine use level, according to the State Depart- an international problem and efforts, through public-service messaging, pub- ment Bureau for International Nar- led by the United States, must be glob- lic policy and community outreach. In cotics and Law Enforcement, since the al in scope. According to the Department of the 2 years since the project has been passage last year of the Combat Meth Homeland Security and Immigration active in Montana, the State has gone Act, methamphetamine abuse has been and Customs Enforcement, meth- trending slightly downward in the from being fifth in the Nation for per amphetamine seizures have steadily in- United States; unfortunately, world- capita meth use to 39th today—a stag- creased. Although Immigrations and wide consumption is growing. This is gering change. Adult meth use is down Customs Enforcement has increased its due in large part to the fact that, com- in Montana by as much as 70 percent. bilateral and multilateral drug inter- pared to organic illegal drugs such as The Montana Meth Project is an exam- diction efforts in recent years, and opiates and cocaine, methamphetamine ple of a highly effective private sector drug seizures are up, the supply is also is relatively easy to manufacture, can education and prevention effort. This increasing as it becomes the drug of be produced just about anywhere and success is also good news for Arizona, choice for 15 to 16 million people world- Illinois and my State of Idaho, all has a very substantial profit margin. It wide. three of which have started their own is the State Department’s assessment Our work to combat meth is a ‘‘Meth Projects.’’ While this is very en- that international mitigation and con- multipronged process and, as I said ear- couraging, we have a long way to go. trol of this disturbing worldwide trend lier, rural areas and States have been Montana and Idaho are just two can only be maintained by strong U.S. hit particularly hard by this trend. States that have been overwhelmingly leadership. We have seen some success Small towns in Idaho, Montana, Wyo- affected by meth production, use and in recent months and years. During the ming, and other States remain under addiction. Rural communities nation- first 6 months of this year, Operation siege by the meth epidemic. These are wide have been hit particularly hard by Crystal Flow, a joint operation be- not communities with substantial the demand and presence of this lethal tween the U.S. Government and gov- numbers of law enforcement personnel drug, creating major challenges for law ernments in North and South America and resources, massive revenue bases, enforcement, health and welfare and and West Asia, saw the halting, suspen- or specialized departments and offices environmental protection agencies, not sion or seizure of 53 tons of chemicals to fight back. to mention our families and school sys- that go into meth production—so- Recently, an Idahoan with over 20 tems. called precursor drugs. years’ experience working with drug- I have been approached by police offi- This operation was the joint effort of endangered children shared an idea cers, community leaders, health advo- the International Narcotics Control with me on how to best fight the meth cates, school administrators, and Board through its Project Prism Task problem in rural communities. His rec- criminal justice leaders about the se- Force which includes the U.S. Drug En- ommendation was that the Federal vere toll that this drug takes on our forcement Agency and authorities in Government should assist local com- citizens, particularly teens and young 126 other nations. This is just one of a munities in forming multi-organiza- adults. They have witnessed destroyed number of international efforts in tion, school, parent, and agency task relationships and families torn apart, which the U.S. Government is partici- forces to educate children and adults all suffering from this drug that in- pating. about the perils of meth addiction. He vades neighborhoods, friends, and fami- With the crackdown here at home on reminded me that these task forces lies. According to Idaho’s Department methamphetamine production, the sup- exert community and peer pressure to of Health and Welfare, the number of ply source has changed. Today, Mexico report the presence of labs and those children in foster care increased by 40 is the principal foreign supplier of selling and using meth in the commu- percent between 2002 and 2006. Approxi- methamphetamine to the United nity. In Idaho, this approach has prov- mately 3,000 children enter foster care States. According to the State Depart- en to be the most effective way to com- in Idaho every year; the majority of ment, 80 percent of drug addicts in bat meth problems in our rural com- them are children of meth-addicted Mexicali and Tijuana are using meth. munities. Educating people before they single mothers. Our children are the Mexico itself has a very serious meth- try meth like the Montana Meth unwitting and helpless victims of this amphetamine addiction problem Project has done, enabling and ener- menacing drug epidemic. among its population and, because of gizing local collaborative task forces There is some encouraging news but, the success of the Combat Meth Act to spread the word that their commu- as is the case with drug trafficking, it and activities undertaken by individual nities say ‘‘no’’ to meth, and maintain- is tempered with alarming trends. In States, U.S. demand for the drug has ing a zero tolerance policy that in- 1999, Idaho implemented an initiative gone south, so to speak. Meth from so- cludes severe penalties for breaking to fight meth production, coordinating called ‘‘superlabs’’ in Mexico is reach- the law, will help reduce demand and regional and State level law enforce- ing beyond the already-established de- dry up supply.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27911 Integral to fighting methamphet- The PRESIDING OFFICER. The of over $500 million. During that same amine in our communities is educating clerk will call the roll. time period, the agreement would save our children. To that end in Idaho, I The legislative clerk proceeded to U.S. workers a little over $100 million. have partnered with the Idaho State call the roll. If you do the math, it appears the cost Department of Education Safe and Mr. ENSIGN. Madam President, I ask of the agreement could be almost 4 Drug Free Schools program and issued unanimous consent that the order for times the savings. a call for high schools across my State the quorum call be rescinded. Before we send scarce Social Secu- to create public service announcements The PRESIDING OFFICER. Without rity dollars to a foreign country, Con- that seek to educate other students objection, it is so ordered. gress must first determine whether a about the dangers of methamphet- Mr. ENSIGN. I want to talk about totalization agreement is in the best amine abuse, on the model of the high- two amendments I have offered that interests of our country. ly successful Montana Meth Project. hopefully will be voted on very shortly. To protect Social Security benefits Getting our youth involved directly in Is there any kind of unanimous consent to U.S. citizens, and to preserve the this outreach and education effort will agreement? program for future generations, I am reduce the potential for methamphet- The PRESIDING OFFICER. There is offering this amendment today. My amine use. not. amendment would bar funding for the Considering the growing inter- Mr. ENSIGN. Just to alert the man- administration of benefit payments national methamphetamine epidemic, agers of the bill, I probably will not under a totalization agreement with it is in our Nation’s interest to remain talk for more than about 10 minutes Mexico. very active in cooperative endeavors total. AMENDMENT NO. 3352 such as those in which the State De- AMENDMENT NO. 3342 I am also offering a second amend- partment, the U.S. Drug Enforcement The first amendment I want to talk ment. There have been many media re- Agency, and the Department of Home- about is the amendment that deals ports recently about those who are land Security are currently involved. with the totalization agreement be- here illegally stealing American Social These successful programs deserve con- tween the United States and Mexico, Security numbers. Every year employ- tinued funding in order to stop the sup- the latest attempt to drain the Social ers are advised that nearly 800,000 em- ply of meth coming into our neighbor- Security trust fund. ployees do not have valid matching So- hoods. In 2004, the Commissioner of Social cial Security numbers. In too many of It is time for our Nation to mobilize Security signed a totalization agree- those cases, the numbers that are used to fight this deadly drug. It is time to ment with the Director General of the belong to someone else in America. let foreign drug traffickers know that Mexican Social Security Institute. Today, I am going take a few mo- the United States is closed to meth While the President has not yet sub- ments to share with my colleagues a business. We have witnessed enough mitted the United States-Mexico total- few of the stories of victims of identity children with ruined bodies, minds, and ization agreement to Congress, I am theft. I have shared some of these sto- lives. We have seen enough adults concerned that the agreement can se- ries in the past. Last year I spoke abandon their parental and societal re- verely impact the Social Security trust about Audra, who had been a stay-at- sponsibilities for the lie that is a meth fund and threaten the retirement bene- home mom since 2000. Her Social Secu- high. We have seen the tragedy of new- fits of hard-working Americans. rity number was being used by at least born babies taken away from mothers The proposed totalization agreement 218 different illegal immigrants, most- unable to care for them, and the in- with Mexico does not contain protec- ly in Texas, to obtain jobs. The IRS ac- fants themselves suffering the same tions against fraud, and there are too cused her of owing back taxes of over terrible addiction. many unanswered questions about its $1 million on other people’s illegal Meth continues to ravage America’s cost to American taxpayers. The Gov- work. communities, large and small. This There was also Caleb, who lives in ernment Accountability Office has al- will require an increased effort from Nevada with his wife and 2 young chil- ready warned us that the proposed to- the Federal Government to bring an dren. In December of 2003 Caleb was un- talization agreement with Mexico will end to meth use and production in able to work and he applied for unem- likely increase the number of unau- these places. It is especially important ployment benefits. He was denied bene- thorized workers and make their fam- to focus Federal dollars where they are fits that were rightfully his and was ily members eligible for Social Secu- truly needed—in rural communities na- told that it was because he was already tionwide that don’t have the manpower rity benefits. working as a landscaper in Las Vegas. Mexican workers, who ordinarily or other resources to fight this battle Las Vegas and Reno are about 500 miles would not receive benefits because they alone. I call on my colleagues to sup- apart. It would have been very difficult lack the required 10 years of legally port critical effective efforts in their for this unemployed worker in Nevada. respective States to work toward documented employment in the United Stories such as this are all too com- meth-free communities, and to con- States, could qualify for partial Social mon. States have experienced a crime 1 tinue to support U.S. leadership and in- Security benefits with as little as 1 ⁄2 spree involving illegal immigrants volvement in international drug traf- years of work history. using the stolen identities of children. ficking interdiction and suppression ef- More family members living in Mex- In one case in Utah, a child apparently forts. ico would also qualify for United owns a cleaning company and works as There are many things we can do States Social Security benefits, be- a prep cook at 2 restaurants in Salt from the Federal level to the State cause the proposed agreement waives Lake City. That is a lot of responsi- level to the local community and, rules that prevent payments to non- bility, especially for a little 8-year-old frankly, the family and individual lev- citizens such as children and spouses boy. els to fight meth in this country. living outside the United States. A little boy in Salt Lake City sup- One of the most important findings is Because the Mexican Government posedly works for an express air freight simply educating people about the does not keep sufficient records of company; quite an important job for an risks involved in the use of births, deaths, and marriages, it would 11-year-old. methamphetamines. It is critical to be nearly impossible to determine These stories are quite shocking. our ability to reduce the demand and whether someone died so that the So- Americans are being denied unemploy- to be able to get a handle on fighting cial Security Administration could dis- ment benefits and are being unfairly the supply. continue sending benefits. The Social targeted for failure to pay taxes on I yield back the remainder of my Security Administration estimates money they did not earn. My amend- time. that 50,000 additional Mexican workers ment prohibits the Social Security Ad- Mr. HARKIN. Madam President, I would qualify for these benefits in the ministration from using funds to proc- suggest the absence of a quorum. first 5 years, for a total estimated cost ess claims for work performed under a

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stolen or fraudulent Social Security stuff. I have tried to be as patient as I and SPECTER or their designees, and number. can be. I have acknowledged publicly that 2 hours of that time be used today We should not reward individuals that the two managers have done ev- with the remaining time to be used to- who have knowingly engaged in illegal erything within their power to move morrow; following the Senate’s con- behavior. My amendment will ensure this bill; 12:30 has passed but the good vening at 9 a.m., that the Senate vote that the 218 illegal immigrants who faith is still here. We are going to work on cloture on the nomination to occur stole Audra’s Social Security number through and finish this bill. We have at 11 a.m. tomorrow; that if cloture is will not receive benefits from the So- lost a few hours, but I think with this invoked, the Senate then vote imme- cial Security trust fund. The agreement we will accomplish every- diately on confirmation of the nomina- landscaper who stole Caleb’s Social Se- thing we need to do, even if we had tion; if cloture is not invoked, the curity number will not get credit for completed this bill earlier today. nomination be returned to the calendar his work using one of my constituent’s Mr. President, I ask unanimous con- and the Senate return to legislative numbers, and the prep cook who stole sent the following be the only amend- session; if the nomination is confirmed, an 8-year-old’s Social Security number ments or motions remaining in order the motion to reconsider be laid on the will not get credit for victimizing a to the bill; that there be 2 minutes of table, the President be immediately child either. debate prior to each vote, equally di- notified of the Senate’s action, and the We should value hard work and re- vided and controlled in the usual form, Senate return to legislative session; ward those who play by the rules. and that there be 20 minutes of debate that regardless of the outcome, once Therefore, I urge my colleagues to sup- equally divided and controlled prior to the Senate returns to legislative ses- port both of these important amend- a vote on the motion to commit; that sion there be 20 minutes equally di- ments. no second-degree amendments be in vided for debate between the 2 leaders I yield the floor, and suggest the ab- order other than as specified in this or their designees prior to the cloture sence of a quorum. agreement; that upon disposition of all vote on the motion to proceed to S. The PRESIDING OFFICER. The amendments and motions, if the mo- 2205, the DREAM Act. clerk will call the roll. tion to commit is defeated, then the The PRESIDING OFFICER. Is there The legislative clerk proceeded to substitute amendment, as amended, be objection? call the roll. agreed to, the bill be read a third time, The minority leader is recognized. Mr. REID. Madam President, I ask and the Senate proceed to vote on pas- Mr. MCCONNELL. Regretfully re- unanimous consent that the order for sage of the bill with the vote sequence serving the right to object, after the the quorum call be rescinded. as listed below. majority leader began to read this The PRESIDING OFFICER. Without I will talk specifically about the list- agreement, I have one potential snag objection, it is so ordered. ing of the amendments and the order in over here, and I think it will be cleared GOLDEN GAVEL which they will be voted upon because shortly. I would like to suggest we Mr. REID. Madam President, the this has been negotiated for the last have a quorum call briefly and let me hour of 5 o’clock has arrived, and the several hours. After the first vote, the check out one more thing. We should occupant of the chair has now presided time for each vote be 10 minutes each. be able to go forward. over the Senate for 100 hours. That is They will be voted on in the following I suggest the absence of a quorum. commendable. The Senator is the order: No. 1, Cardin, No. 3400; No. 2, En- The PRESIDING OFFICER. The fourth to have done it this year. I am sign, No. 3342; No. 3, Ensign, No. 3352; clerk will call the roll. proud and appreciative of that. It is No. 4, Vitter, No. 3328, and that it be in The legislative clerk proceeded to not easy to preside for 100 hours. Some- order for the amendment to be modi- call the roll. Mr. REID. Mr. President, I ask unan- times it is difficult. Frankly, having fied if agreed upon by the managers or imous consent that the order for the presided over the Senate many hours Senator VITTER; the Dorgan pending amendment, No. 3345, will be with- quorum call be rescinded. myself—never 100 in a year, as the Sen- The PRESIDING OFFICER. Without drawn—that will be done by either Sen- ator has done—I know it is a very objection, it is so ordered. ator DORGAN or the chairman, Senator grueling process. You not only see the Mr. REID. It is my understanding HARKIN—No. 5, Bingaman, No. 3440, debate going on here on the floor but there is a unanimous consent pending; with 2 minutes each, BINGAMAN and all things going on, as it has happened is that right? today, outside of the microphones. So KYL; No. 6, Kennedy, No. 3433, as modi- The PRESIDING OFFICER. The ma- with the Senator’s experience as a Gov- fied; No. 7, Grassley-Sanders, No. 3396, jority leader is correct. Without objec- ernment worker, we are so glad to have and that the amendment be modified tion, it is so ordered. with the changes at the desk, and it is her in the Senate. The people of Mis- AMENDMENT NO. 3345 WITHDRAWN souri sent us a real dandy when they my understanding there will be a voice Under the previous order, the Dorgan sent the Senator here. Congratula- vote on that; No. 8, Schumer, No. 3404, amendment No. 3345 is withdrawn. tions. as amended by the Durbin amendment, The Senator from Iowa. What I didn’t say is that when some- No. 3449—voice vote; No. 9, DeMint AMENDMENT NO. 3443, AS MODIFIED, TO one serves for 100 hours, they get a amendment on first-class air travel to AMENDMENT NO. 3325 golden gavel, which is a nice award. It be offered and agreed to; No. 10, Mr. HARKIN. Mr. President, before has a nice case, and it is something the Chambliss amendment No. 3391, as we start, I send a modification to the Senator will always have to remember modified; No. 11, Republican motion to desk and ask for its immediate consid- her first year in the Senate. commit. eration on amendment No. 3443 for Sen- Madam President, I suggest the ab- Further, I ask unanimous consent ator HATCH. sence of a quorum. that upon the passage of H.R. 3043 the The PRESIDING OFFICER. The The PRESIDING OFFICER. The Senate insist on its amendment, re- clerk will report. clerk will call the roll. quest a conference with the House on The legislative clerk read as follows: The assistant legislative clerk pro- the disagreeing votes of the 2 Houses, The Senator from Iowa [Mr. HARKIN], for ceeded to call the roll. and the Chair be authorized to appoint Mr. HATCH, proposes an amendment num- Mr. REID. Mr. President, I ask unan- conferees, and that the Senate then bered 3443, as modified. imous consent the order for the proceed to executive session to con- Mr. HARKIN. Mr. President, the quorum call be rescinded. sider the nomination of Leslie South- amendment has been agreed to on both The PRESIDING OFFICER (Mr. wick to be U.S. Circuit judge; that a sides. SALAZAR). Without objection, it is so cloture motion on the nomination be The PRESIDING OFFICER. Without ordered. filed at that time; that there be 4 hours objection, the amendment is agreed to. Mr. REID. Mr. President, it is never for debate on the motion with the time The amendment (No. 3443), as modi- really easy. We have a lot of procedural to be divided between Senators LEAHY fied, was agreed to, as follows:

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27913 AMENDMENT NO. 3443, AS MODIFIED AMENDMENT NO. 3430, AS MODIFIED The PRESIDING OFFICER. The At the appropriate place in title II, insert At the end of title III, add the following: clerk will report. the following: SEC. ll. (a) Not later than May 31, 2009, The legislative clerk read as follows: the Comptroller General of the United States SEC. ll. (a) The amount appropriated The Senator from Iowa [Mr. HARKIN], for shall submit a report to Congress on the under the heading ‘‘DISEASE CONTROL, RE- Mr. KENNEDY, proposes an amendment num- SEARCH, AND TRAINING’’ under the heading strategies utilized to assist students in meet- bered 3433, as modified. ‘‘CENTERS FOR DISEASE CONTROL AND PREVEN- ing State student academic achievement The PRESIDING OFFICER. Under TION’’ in this title is increased by $1,000,000. standards, including achieving proficiency (b) The amount appropriated under the on State academic assessments. the previous order the amendment is heading ‘‘GENERAL DEPARTMENTAL MANAGE- (b) The report required under subsection agreed to. MENT’’ under the heading ‘‘OFFICE OF THE (a) shall include data collected from a rep- The amendment (No. 3433) as modi- SECRETARY’’ in this title is decreased by resentative sample of schools across the Na- fied, was agreed to, as follows: tion to determine the strategies utilized by $1,000,000. AMENDMENT NO. 3433, AS MODIFIED (c)(1)(A) The Secretary of Health and schools to prepare students to meet State student academic achievement standards At the end of title III, insert the following: Human Services (acting through the Direc- SEC. ll. Prior to January 1, 2008, the Sec- tor of the National Institute for Occupa- and achieve proficiency on State academic assessments, including the following cat- retary of Education may not terminate any tional Safety and Health) shall conduct, and voluntary flexible agreement under section shall invite the University of Utah and West egories of strategies: (1) Adjusting the structure of the school 428A of the Higher Education Act of 1965 (20 Virginia University to participate in con- U.S.C. 1078–1) that exists on the date of en- ducting, a study of the recovery of coal pil- day, which may include the expansion of the school day, or modifications in the time actment of this Act. With respect to an enti- lars through retreat room and pillar mining ty with which the Secretary of Education practices in underground coal mines at spent on instruction in core academic sub- jects. has a voluntary flexible agreement under depths greater than 1500 feet. section 428A of the Higher Education Act of (B) The study shall examine the safety im- (2) The professional development provided to teachers or additional school personnel to 1965 (20 U.S.C. 1078–1) on the date of enact- plications of retreat room and pillar mining ment of this Act that is not cost neutral, if practices, with emphasis on the impact of assist low-performing students. (3) Changes in the provision of instruction the Secretary terminates such agreement full or partial pillar extraction mining. after January 1, 2008, the Secretary of Edu- (C) The study shall consider, among other to students, including targeting low-per- cation shall, not later than December 31, things— forming students for specialized instruction 2008— (i) the conditions under which retreat min- or tutoring. (1) negotiate to enter, and enter, into a ing is used, including conditions relating (4) Utilizing types of instructional mate- new voluntary flexible agreement with such to— rials to prepare students. entity so that the agreement is cost neutral, (I) seam thickness; (5) Instituting other State or local assess- unless such entity does not want to enter (II) depth of cover; ments. into such agreement. (III) strength of the mine roof, pillars, and (6) Using other strategies to prepare stu- floor; and dents to meet State student academic AMENDMENT NO. 3400 (IV) the susceptibility of the mine to seis- achievement standards and achieve pro- Mr. HARKIN. Mr. President, Par- mic activity; and ficiency on State academic assessments. liamentary inquiry: What is the (ii) the procedures used to ensure miner (c) The data collected pursuant to this sec- amendment now before the Senate? safety during retreat mining. tion shall be disaggregated by— The PRESIDING OFFICER. Under (2)(A) Not later than 1 year after beginning (1) schools with a high percentage of stu- the previous order, there will now be 2 the study described in paragraph (1), the Sec- dents eligible for a free or reduced price lunch under the Richard B. Russell National minutes of debate equally divided on retary shall submit a report containing the the Cardin amendment No. 3400. results of the study to the Committee on School Lunch Act (42 U.S.C. 1751 et seq.); Education and Labor of the House of Rep- (2) schools with a low percentage of stu- The Senator from Maryland is recog- resentatives, the Committee on Health, Edu- dents eligible for a free or reduced price nized. cation, Labor, and Pensions of the Senate, lunch under the Richard B. Russell National Mr. CARDIN. Mr. President, I urge the Committee on Appropriations of the School Lunch Act (42 U.S.C. 1751 et seq.); my colleagues to support the amend- House of Representatives, and the Com- (3) schools with a student enrollment con- ment. It is offered by Senator SMITH mittee on Appropriations of the Senate. sisting of a majority of racial and ethnic mi- and myself. Refugees who come to this (B) The report shall include recommenda- nority students; country are entitled to loans to help tions to enhance the safety of miners work- (4) schools with a student enrollment con- them defray the cost of transportation ing in underground coal mines where retreat sisting of a majority of non-minority stu- mining in room and pillar operations is uti- dents; and to resettlement assistance once lized. Among other things, the recommenda- (5) urban schools; they arrive. I am for that. tions shall identify means of adapting any (6) suburban schools; This amendment provides similar practical technology to the mining environ- (7) rural schools; and benefits to those who qualify for Spe- ment to improve miner protections during (8) schools identified as in need of improve- cial Immigration Visas. These are Iraqi mining at depths greater than 1500 feet, and ment under section 1116 of the Elementary and Afghan translators who have research needed to develop improved tech- and Secondary Education Act of 1965 (20 helped us, and now, in risk of their nology to improve miner protections during U.S.C. 6316). lives, are allowed to come to a safe (d) The representative sample described in mining at such depths. haven, the United States. (3) Not later than 90 days after the submis- subsection (b) shall be designed in such a sion of the report described in paragraph (2) manner as to provide valid, reliable, and ac- This amendment extends a helping to Congress, the Secretary of Health and curate information as well as sufficient sam- hand to those who have helped us under Human Services shall publish a notice in the ple sizes for each type of school described in very difficult and dangerous cir- Federal Register describing the actions, if subsection (c). cumstances. As I indicated, refugees any, that the Secretary intends to take (e) The data collected under subsection (b) are entitled to this benefit for up to 7 based on the report. shall be reported separately for the most years. This provides benefits for only common types of strategies, in each of the AMENDMENT NO. 3430, AS MODIFIED, TO categories listed in paragraphs (1) through up to 6 months for the SIV holders. AMENDMENT NO. 3325 (6) of subsection (b), used by schools to pre- It is carefully crafted. It has been Mr. HARKIN. Mr. President, I ask pare students to meet State student aca- scored at not adding additional costs to unanimous consent to vitiate the pre- demic achievement standards, including the budget. I think this is a matter of vious vote on amendment No. 3430, the achieving proficiency on State academic as- basic fairness. I urge my colleagues to Feingold amendment. I now send to the sessments. support the Cardin-Smith amendment. desk a modification of that amendment AMENDMENT NO. 3433, AS MODIFIED, TO The PRESIDING OFFICER. Who and ask for its immediate consider- AMENDMENT NO. 3325 yields time in opposition? ation. Mr. HARKIN. Mr. President, under Mr. HARKIN. Mr. President, since no The PRESIDING OFFICER. Without the previous unanimous consent agree- one is here to speak in opposition, I objection, it is so ordered. Amendment ment, I call up Kennedy amendment yield back all time. 3430, as modified, is agreed to. No. 3433, and I send a modification to The PRESIDING OFFICER. Without The amendment (No. 3430), as modi- the desk and ask for its immediate con- objection, it is so ordered. The question fied, was agreed to, as follows: sideration. is on agreeing to the amendment.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27914 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007

Mr. CARDIN. Mr. President, I ask for Senator ENSIGN with respect to the does. While not making a final deter- the yeas and nays. U.S.-Mexico Totalization Agreement, mination about whether an agreement The PRESIDING OFFICER. Is there a and I wanted to take a few minutes to should be approved, the amendment ef- sufficient second? explain my thinking on this issue. fectively would ensure that, for the There appears to be a sufficient sec- The United States has negotiated to- next fiscal year, an agreement with ond. talization agreements with more than Mexico will not be implemented with- The clerk will call the roll. 20 countries. These agreements estab- out congressional approval. I think The legislative clerk called the roll. lish mechanisms for coordinating our that makes sense. Mr. DURBIN. I announce that the respective Social Security systems so In my view, the Ensign amendment Senator from Delaware (Mr. BIDEN), that U.S. citizens working abroad are would have been stronger had it ap- the Senator from New York (Mrs. CLIN- treated fairly. For example, the agree- plied to all totalization agreements, TON), the Senator from North Dakota ments help prevent Americans from not just the agreement with Mexico. (Mr. CONRAD), the Senator from Con- being subject to unfair double taxation. Not only would that have helped en- necticut (Mr. DODD), the Senator from They also help ensure that work in sure that all agreements serve our na- Massachusetts (Mr. KENNEDY), and the each country can be combined for pur- tional interests, but it would have Senator from Illinois (Mr. OBAMA) are poses of qualifying for benefits, so that eliminated any perception that we are necessarily absent. those who split their careers between unfairly singling out Mexico for special I further announce that, if present countries are not left uncovered. Of treatment. Having said that, I do un- and voting, the Senator from Massa- course, while their purpose is to pro- derstand the view of the General Ac- chusetts (Mr. KENNEDY) would vote tect American interests, the agree- counting Office that the Mexican ‘‘aye.’’ ments also provide reciprocal benefits Mr. LOTT. The following Senator is agreement is, ‘‘both qualitatively and to citizens of the other countries. necessarily absent: the Senator from quantitatively different than any other Totalization agreements can be win- agreement signed to date,’’ largely be- Arizona (Mr. MCCAIN). win arrangements that benefit both The PRESIDING OFFICER (Mr. cause of the potential impact of the sides, provided they are crafted care- MENENDEZ). Are there any other Sen- many workers who have come from fully to ensure that their benefits and ators in the Chamber desiring to vote? Mexico into the United States. The ex- The result was announced—yeas 92, their burdens are reasonably balanced. tent of that impact is unclear. In any nays 0, as follows: No agreement, no matter how carefully case, surely this complex issue deserves drafted, is likely to impose identical [Rollcall Vote No. 386 Leg.] to be considered seriously here in the costs on both countries. More likely, YEAS—92 Congress before any agreement is im- there will be some difference in the plemented. Akaka Dorgan McConnell burdens borne and benefits received by Alexander Durbin Menendez The Senator from Iowa. Allard Ensign Mikulski each nation. And if the United States Mr. HARKIN. Mr. President, in con- Barrasso Enzi Murkowski ends up paying far more in benefits to sultation with Senator ENSIGN, he does Baucus Feingold Murray citizens of another country than Amer- not wish to use his time. So, therefore, Bayh Feinstein Nelson (FL) ican citizens receive, our national in- Bennett Graham Nelson (NE) we yield back all time. Bingaman Grassley Pryor terests could dictate that we reject or The PRESIDING OFFICER. The Bond Gregg Reed renegotiate that agreement. question is on agreeing to the amend- Boxer Hagel Reid The need to carefully scrutinize a Brown Harkin ment. Roberts Brownback Hatch proposed totalization agreement is es- Rockefeller Mr. ENSIGN. Mr. President, I ask for Bunning Hutchison pecially great because its costs could Salazar the yeas and nays. Burr Inhofe Sanders directly affect the Social Security ben- Byrd Inouye The PRESIDING OFFICER. Is there a Cantwell Isakson Schumer efits of virtually all Americans in the sufficient second? Cardin Johnson Sessions future. This type of agreement has the There appears to be a sufficient sec- Carper Kerry Shelby potential of imposing significant bur- Smith ond. Casey Klobuchar dens on the Social Security trust fund. Chambliss Kohl Snowe The clerk will call the roll. Coburn Kyl Specter Although the Congressional Budget Of- The assistant legislative clerk called Stabenow Cochran Landrieu fice projects that the trust fund will be the roll. Coleman Lautenberg Stevens solvent through 2046, we should be Sununu Mr. DURBIN. I announce that the Collins Leahy careful before approving any measure Corker Levin Tester Senator from Delaware (Mr. BIDEN), Cornyn Lieberman Thune that would worsen the program’s long- the Senator from New York (Mrs. CLIN- Craig Lincoln Vitter term challenges. Otherwise, the end re- TON), the Senator from Connecticut Crapo Lott Voinovich sult could be unnecessarily deep cuts in DeMint Lugar Webb (Mr. DODD), the Senator from Massa- Dole Martinez Whitehouse benefits or excessive increases in taxes chusetts (Mr. KENNEDY), and the Sen- Domenici McCaskill Wyden for Americans. ator from Illinois (Mr. OBAMA) are nec- NOT VOTING—8 Given this, I believe it is important essarily absent. that President Bush not be given uni- Biden Dodd Obama I further announce that, if present Clinton Kennedy Warner lateral power to negotiate and imple- and voting, the Senator from Massa- Conrad McCain ment agreements without significant chusetts (Mr. KENNEDY) would vote The amendment (No. 3400) was agreed congressional involvement. Current ‘‘no.’’ law allows Congress to reject an agree- to. Mr. LOTT. The following Senator is ment, but this mechanism probably is Mr. REID. I move to reconsider the necessarily absent: the Senator from unconstitutional under the Supreme vote. Arizona (Mr. MCCAIN). Court’s Chadha decision, which invali- Mr. DORGAN. I move to lay that mo- The PRESIDING OFFICER. Are there dated so-called legislative vetoes. We tion on the table. any other Senators in the Chamber de- need to develop a new mechanism, and The motion to lay on the table was siring to vote? agreed to. I am pleased that Senator BAUCUS and The result was announced—yeas 91, Senator GRASSLEY have been working AMENDMENT NO. 3342 nays 3, as follows: The PRESIDING OFFICER. Under in a bipartisan manner to develop one. [Rollcall Vote No. 387 Leg.] the previous order, there will now be 2 While those efforts are ongoing, I be- minutes of debate equally divided on lieve it is appropriate to take interim YEAS—91 Ensign amendment No. 3342. steps to ensure that the Bush adminis- Akaka Bayh Brown tration is not allowed to implement a Alexander Bennett Brownback Who yields time? Allard Bingaman Bunning Mr. REID. Mr President, I am going totalization agreement unilaterally. Barrasso Bond Burr to vote for the amendment offered by That is what the Ensign amendment Baucus Boxer Byrd

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27915 Cantwell Harkin Pryor [Rollcall Vote No. 388 Leg.] Therefore, as modified, my amend- Cardin Hatch Reed YEAS—92 ment prohibits funds from preventing Carper Hutchison Reid Casey Inhofe Roberts Akaka Domenici Menendez individuals, not wholesalers, from im- Chambliss Inouye Rockefeller Alexander Dorgan Mikulski porting prescriptions for themselves, Coburn Isakson Salazar Allard Durbin Murkowski and that because there is no restriction Cochran Johnson Sanders Barrasso Ensign Murray Baucus Enzi in my language as to how they may im- Coleman Kerry Schumer Nelson (FL) Collins Klobuchar Bayh Feingold Sessions Nelson (NE) port these prescriptions, it is under- Conrad Kohl Bennett Feinstein Shelby Pryor stood that mail order and Internet im- Corker Kyl Bingaman Graham Reed Cornyn Landrieu Smith Bond Grassley portation is not prohibited along with Snowe Reid Craig Lautenberg Boxer Gregg Roberts carrying on the person over the border. Specter Brown Harkin Crapo Leahy Rockefeller All controlled substances and biologi- Stabenow Brownback Hatch DeMint Levin Salazar cal products are prohibited. Dole Lieberman Stevens Bunning Hutchison Sanders Domenici Lincoln Sununu Burr Inhofe It is my understanding that my Schumer Dorgan Lott Tester Byrd Inouye amendment will be accepted by voice Sessions Durbin McCaskill Thune Cantwell Isakson Shelby vote today on the agreement that the Ensign McConnell Vitter Cardin Johnson Smith chairman and ranking member of the Enzi Menendez Voinovich Carper Kerry Snowe Feingold Mikulski Warner Casey Klobuchar subcommittee, Senator HARKIN and Specter Feinstein Murkowski Webb Chambliss Kohl Senator SPECTER, will work hard for its Graham Murray Coburn Kyl Stabenow Whitehouse Stevens inclusion in the final conference report Grassley Nelson (FL) Wyden Cochran Landrieu Gregg Nelson (NE) Coleman Lautenberg Sununu for the final legislative vehicle for this Collins Leahy Tester bill. NAYS—3 Conrad Levin Thune Mr. HARKIN. Mr. President, I appre- Vitter Hagel Lugar Martinez Corker Lieberman Cornyn Lincoln Voinovich ciate the sentiments by the Senator NOT VOTING—6 Craig Lott Warner from Louisiana and accept this pro- Crapo Martinez Webb Biden Dodd McCain posal on this modified amendment and DeMint McCaskill Whitehouse Clinton Kennedy Obama will ask that it be adopted by unani- Dole McConnell Wyden mous consent. I agree to work hard for The amendment (No. 3342) was agreed NAYS—2 inclusion of this amendment in the to. Hagel Lugar conference report of the final legisla- Mr. HARKIN. Mr. President, I move NOT VOTING—6 tion. to reconsider the vote, and I move to Mr. SPECTER. Mr. President, I con- lay that motion on the table. Biden Dodd McCain Clinton Kennedy Obama cur with my colleague and confirm this The motion to lay on the table was agreement with my colleague from agreed to. The amendment (No. 3352) was agreed to. Louisiana, Mr. VITTER. AMENDMENT NO. 3352 Mr. HARKIN. Mr. President, we are AMENDMENT NO. 3328, AS MODIFIED ready to vote on the Vitter amend- The PRESIDING OFFICER. Under Mr. HARKIN. Mr. President, the next ment. the previous order, there will now be 2 amendment up would be Senator minutes of debate equally divided on The PRESIDING OFFICER. All time VITTER’s amendment No. 3328. I have a is yielded back. the Ensign amendment No. 3352. modification I send to the desk. The question is on agreeing to the Who yields time? The PRESIDING OFFICER. Under amendment. Mr. HARKIN. Mr. President, it is my the previous order, the amendment is The amendment (No. 3328), as modi- understanding we don’t need any time. so modified. fied, was agreed to. All time is yielded back. The amendment (No. 3328), as modi- Mr. HARKIN. Mr. President, I move The PRESIDING OFFICER. The fied, is as follows: question is on agreeing to the amend- to reconsider the vote. On page 79, after line 4, insert: Mr. DORGAN. I move to lay that mo- ment. SEC. ll. None of the funds appropriated in tion on the table. Mr. REID. Mr. President, I ask for this Act may be used to prevent an indi- The motion to lay on the table was the yeas and nays. vidual not in the business of importing a pre- agreed to. The PRESIDING OFFICER. Is there a scription drug (within the meaning of sec- tion 801(g) of the Federal Food, Drug, and The PRESIDING OFFICER. Under sufficient second? Cosmetic Act (21 U.S.C. 381(g)) from import- the previous order, the Senator from There appears to be a sufficient sec- ing a prescription drug from Canada that New Mexico is to be recognized. ond. complies with sections 501, 502, and 505 of the AMENDMENT NO. 3440, AS MODIFIED, TO Federal Food, Drug, and Cosmetic Act (21 The clerk will call the roll. AMENDMENT NO. 3325 U.S.C. 351, 352, and 355) and is not— The legislative clerk called the roll. Mr. BINGAMAN. Mr. President, this Mr. DURBIN. I announce that the (1) a controlled substance, as defined in section 102 of the Controlled Substances Act is an amendment to add $150 million to Senator from Delaware (Mr. BIDEN), (21 U.S.C. 802); or the Social Security Administration ac- the Senator from New York (Mrs. CLIN- (2) a biological product, as defined in sec- count so that they can deal with the TON), the Senator from Connecticut tion 351 of the Public Health Service Act (42 enormous backlog of cases that are (Mr. DODD), the Senator from Massa- U.S.C. 262). pending there in people applying for chusetts (Mr. KENNEDY), and the Sen- Mr. VITTER. Mr. President, I rise disability benefits. The average wait is ator from Illinois (Mr. OBAMA) are nec- today to discuss my amendment, 523 days now. If a person filed today for essarily absent. Amendment No. 3328, which is cur- a hearing in Social Security, they I further announce that, if present rently pending to the Labor-HHS-Edu- would expect to get that hearing in and voting, the Senator from Massa- cation Appropriations bill before the June of 2009. That is unacceptable. We chusetts (Mr. KENNEDY) would vote Senate. My original amendment is sim- need to do better. This amendment will ‘‘aye.’’ ple. It would stop officials at HHS from help us do that. Mr. LOTT. The following Senator is preventing individuals from bringing I yield the remainder of my time to necessarily absent: the Senator from back a prescribed medication for them- Senator DOMENICI. Arizona (Mr. MCCAIN). selves from Canada. I have agreed to Mr. DOMENICI. Mr. President, I sug- The PRESIDING OFFICER. Are there make two modifications to my amend- gest that this is absolutely imperative. any other Senators in the Chamber de- ment. My amendment, as modified, For citizens who are on disability to siring to vote? would add explicit restrictions on con- have to wait 2 years on an appeal, as The result was announced—yeas 92, trolled substances and biological prod- the Senator said, is unacceptable. The nays 2, as follows: ucts from my amendment. money this is providing will take care

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27916 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 of that. He asked the administrator, The clerk will call the roll. will be No. 3396, the Grassley-Sanders and that is what is needed, and we The assistant legislative clerk called amendment. It has been modified. ought to do it. We have Social Security the roll. The PRESIDING OFFICER. The Sen- and disability, and then they make Mr. DURBIN. I announce that the ator is correct. The clerk will report them wait 2 years, and all of the offices Senator from Delaware (Mr. BIDEN), the amendment. are being cut back because they don’t the Senator from New York (Mrs. CLIN- The assistant legislative clerk read have enough operating money. We TON), the Senator from Connecticut as follows: should pass this amendment. (Mr. DODD), the Senator from Massa- The Senator from Iowa [Mr. GRASSLEY], for Mr. BINGAMAN. Mr. President, I call chusetts (Mr. KENNEDY), and the Sen- himself and Mr. SANDERS, proposes an up amendment No. 3440, as modified. amendment numbered 3396, as modified, to ator from Illinois (Mr. OBAMA) are nec- amendment No. 3325. The PRESIDING OFFICER. The essarily absent. The amendment is as follows: clerk will report. I further announce that, if present The legislative clerk read as follows: and voting the Senator from Massachu- At the appropriate place, insert the fol- lowing: The Senator from New Mexico [Mr. BINGA- ENNEDY setts (Mr. K ) would vote ‘‘aye.’’ SEC. ll. AMERICAN COMPETITIVENESS SCHOL- MAN] proposes an amendment numbered 3440, Mr. LOTT. The following Senator is as modified. ARSHIP PROGRAM. necessarily absent: the Senator from (a) SHORT TITLE.—This section may be The amendment is as follows: Arizona (Mr. MCCAIN). cited as the ‘‘American Competitiveness At the appropriate place, insert the fol- Scholarship Act of 2007’’. lowing: The PRESIDING OFFICER. Are there any other Senators in the Chamber de- (b) ESTABLISHMENT.—The Director of the GENERAL PROVISIONS National Science Foundation (referred to in SEC. 401. (a) Notwithstanding any other siring to vote? this section as the ‘‘Director’’) shall award provision of this Act, the amount appro- The result was announced—yeas 88, scholarships to eligible individuals to enable priated under the heading ‘‘LIMITATION ON nays 6, as follows: such individuals to pursue associate, under- ADMINISTRATIVE EXPENSES’’ under the head- [Rollcall Vote No. 389 Leg.] graduate, or graduate level degrees in math- ematics, engineering, health care, or com- ing ‘‘SOCIAL SECURITY ADMINISTRATION’’ shall YEAS—88 be increased by $150,000,000. puter science. (b) Section 1848(l)(2)(A) of the Social Secu- Akaka Ensign Murkowski (c) ELIGIBILITY.— rity Act (42 U.S.C. 1395w–4(l)(2)(A)), as Alexander Enzi Murray (1) IN GENERAL.—To be eligible to receive a amended by section 6 of the TMA, Absti- Barrasso Feingold Nelson (FL) scholarship under this section, an individual Baucus Feinstein nence Education, and QI Programs Extension Nelson (NE) shall— Bayh Graham Pryor Act of 2007 (Public Law 110–90), is amended Bennett Grassley (A) be a citizen of the United States, a na- Reed tional of the United States (as defined in sec- by striking ‘‘$1,350,000,000’’ and inserting Bingaman Hagel Reid tion 101(a) of the Immigration and Nation- ‘‘$1,200,000,000, but in no case shall expendi- Bond Harkin Roberts Boxer Hatch tures from the Fund in fiscal year 2008 ex- Rockefeller ality Act (8 U.S.C. 1101(a))), an alien admit- Brown Hutchison ceed $650,000,000’’ in the first sentence. Salazar ted as a refugee under section 207 of such Act Brownback Inouye (c) Section 323 of title 31, United States Sanders (8 U.S.C. 1157), or an alien lawfully admitted Bunning Isakson to the United States for permanent resi- Code, is amended to read as follows: Byrd Johnson Schumer dence; Mr. GRASSLEY. Mr. President, do Cantwell Kerry Sessions we have an opportunity to address it? Cardin Klobuchar Shelby (B) prepare and submit to the Director an Smith application at such time, in such manner, The PRESIDING OFFICER. There is Carper Kohl Casey Kyl Snowe and containing such information as the Di- 2 minutes on each side. Chambliss Landrieu Specter rector may require; and The Senator from Iowa is recognized. Cochran Lautenberg Stabenow (C) certify to the Director that the indi- Mr. GRASSLEY. Mr. President, I rise Coleman Leahy Stevens vidual intends to use amounts received under in support of the goals of this amend- Collins Levin Sununu the scholarship to enroll or continue enroll- Conrad Lieberman Tester ment. I want to speak about process so Corker Lincoln ment at an institution of higher education Thune (as defined in section 101(a) of the Higher that nobody gets the understanding Cornyn Lott Vitter Education Act of 1965 (20 U.S.C. 1001(a)) in that the Committee on Finance has Craig Lugar Voinovich Crapo Martinez Warner order to pursue an associate, undergraduate, given up jurisdiction over this area. We Dole McCaskill Webb or graduate level degree in mathematics, en- also want to explain that the offset is Domenici McConnell Whitehouse gineering, computer science, nursing, medi- Dorgan Menendez coming from the Medicare physician Wyden cine, or other clinical medical program, or Durbin Mikulski assistance and quality initiative fund, technology, or science program designated which we have set aside to make sure NAYS—6 by the Director. doctors don’t get a 10-percent cut this Allard Coburn Gregg (2) ABILITY.—Awards of scholarships under year in their formula. That is some- Burr DeMint Inhofe this section shall be made by the Director solely on the basis of the ability of the appli- thing which is going to come out of the NOT VOTING—6 Finance Committee in the next few cant, except that in any case in which 2 or Biden Dodd McCain more applicants for scholarships are deemed weeks. Clinton Kennedy Obama by the Director to be possessed of substan- The reason we are going along with The amendment (No. 3440) was agreed tially equal ability, and there are not suffi- this offset is we have found another off- to. cient scholarships available to grant one to set that will fill the void in this fund I Mr. CARDIN. I move to reconsider each of such applicants, the available schol- just referred to, so that we will be able arship or scholarships shall be awarded to the vote, and I move to lay that mo- to keep this whole. I advise people that the applicants in a manner that will tend to tion on the table. just because we are allowing this fund result in a geographically wide distribution The motion to lay on the table was to be tapped, we are not going to tap throughout the United States of recipients’ agreed to. this fund again because we are going to places of permanent residence. (d) AMOUNT OF SCHOLARSHIP; RENEWAL.— save this to make sure we can help doc- AMENDMENT NO. 3396, AS MODIFIED, TO AMENDMENT NO. 3325 (1) AMOUNT OF SCHOLARSHIP.—The amount tors not get cut in their reimburse- of a scholarship awarded under this section ment on Medicare. The PRESIDING OFFICER. Under shall be $15,000 per year, except that no The PRESIDING OFFICER. Who the previous order, the Senator from scholarship shall be greater than the annual yields time? Iowa, Mr. GRASSLEY, is recognized to cost of tuition and fees at the institution of Mr. BINGAMAN. Mr. President, I offer an amendment. higher education in which the scholarship re- yield back the remaining time and ask Mr. GRASSLEY. Senator SANDERS cipient is enrolled or will enroll. for the yeas and nays. should go first. (2) RENEWAL.—The Director may renew a The PRESIDING OFFICER. Is there a Mr. SANDERS. I call up my amend- scholarship under this section for an eligible ment. individual for not more than 4 years. sufficient second? There is a sufficient (e) FUNDING.—The Director shall carry out second. Mr. HARKIN. Mr. President, I under- this section only with funds made available The question is on agreeing to the stand that under the unanimous con- under section 286(w) of the Immigration and amendment. sent agreement, the next amendment Nationality Act, as added by subsection (g).

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27917 (f) FEDERAL REGISTER.—Not later than 60 Mr. SANDERS. Mr. President, I will to stimulate advanced learning by days after the date of the enactment of this say a few words about this amendment. young Americans. But are we serious Act, the Director shall publish in the Federal I thank Senator GRASSLEY for work- about that? Register a list of eligible programs of study The bill before us today is a $5.35 bil- for a scholarship under this section. ing with me on this amendment. We (g) SUPPLEMENTAL H–1B NONIMMIGRANT PE- modified the original amendment. This lion increase over the previous year. TITIONER ACCOUNT; GIFTED AND TALENTED amendment is substantially similar to That is not small potatoes. That is STUDENTS EDUCATION ACCOUNT.—Section 286 the amendment Senator GRASSLEY and enough to give a boost to a lot of pro- of the Immigration and Nationality Act (8 I offered last May on the immigration grams. U.S.C. 1356) is amended by adding at the end reform bill which passed the Senate But one program that is not seeing a the following: boost is the only source of Federal ‘‘(w) SUPPLEMENTAL H–1B NONIMMIGRANT with a bipartisan vote of 59 to 35. PETITIONER ACCOUNT.— This amendment is motivated by one funds currently focused on helping ‘‘(1) IN GENERAL.—There is established in major concern. We want to make cer- meet the unique learning needs of gift- the general fund of the Treasury a separate tain that young Americans receive the ed and talented students. account, which shall be known as the ‘Sup- educational opportunities they need in The Javits Gifted and Talented Stu- plemental H–1B Nonimmigrant Petitioner order to obtain the professional, good- dents Education Act has suffered a se- Account’. Notwithstanding any other section paying jobs that are coming about in ries of cuts in recent years due to of this Act, there shall be deposited as offset- this country. To do that, we need to across-the-board rescissions. ting receipts into the account 85.75 percent For the current fiscal year, Congress of the fees collected under section make sure they have the college edu- 214(c)(15)(B). cation they need in math, science, en- passed an unusual type of modified ‘‘(2) USE OF FEES FOR AMERICAN COMPETI- gineering, health care, and other pro- continuing resolution. TIVENESS SCHOLARSHIP PROGRAM.—The fessional fields. While the continuing resolution con- amounts deposited into the Supplemental H– This amendment also expands the tained no specific language further cut- 1B Nonimmigrant Petitioner Account shall Jacob Javits Gifted and Talented Edu- ting funding for gifted education, the remain available to the Director of the Na- cational Program, long supported by program mysteriously suffered a sig- tional Science Foundation until expended for nificant 21 percent cut. scholarships described in the American Com- Senator GRASSLEY. This amendment will accomplish In total, gifted and talented edu- petitiveness Scholarship Act of 2007 for stu- cation has taken a 33 percent cut since dents enrolled in a program of study leading these goals by adding a $3,500 surcharge to a degree in mathematics, engineering, on companies that utilize the H–1B pro- 2002, and that is not adjusted for infla- health care, or computer science. gram, the same surcharge that 59 Sen- tion. The current bill retains that cut. ‘‘(x) GIFTED AND TALENTED STUDENTS EDU- ators supported last May. If we are serious about maintaining CATION ACCOUNT.— The PRESIDING OFFICER. Who America’s competitive edge inter- ‘‘(1) IN GENERAL.—There is established in yields time? nationally, our most promising stu- the general fund of the Treasury a separate dents must be challenged and sup- account, which shall be known as the ‘Gifted Mr. GRASSLEY. Mr. President, I wish to speak to what this bill does or ported to reach their full potential. and Talented Students Education Account’. We need these talented young people There shall be deposited as offsetting re- does not do for our most promising stu- to go on to pursue advanced degrees ceipts into the account 14.25 percent of the dents. and make the technological innova- fees collected under section 214(c)(15)(B). In his best selling book, ‘‘The World SE OF FEES tions that drive our economy. ‘‘(2) U .—Amounts deposited into Is Flat,’’ Thomas Friedman discusses the account established under paragraph (1) Make no mistake, that will not hap- the challenges of globalism using the shall remain available to the Secretary of pen by itself. Education until expended for programs and metaphor of the world getting flatter. Gifted students learn faster and to a projects authorized under the Jacob K. Jav- What he means is that international greater depth than other students and its Gifted and Talented Students Education barriers to the movement of goods, often look at the world differently than Act of 2001 (20 U.S.C. 7253 et seq.).’’. services, people, and ideas are breaking (h) SUPPLEMENTAL AND DEFICIT REDUCTION other students. As a result, it takes a down. That means that American busi- great deal more to keep them chal- FEES.—Section 214(c) of the Immigration and nesses are facing competition from dif- Nationality Act (8 U.S.C. 1184(c)) is amended lenged and stimulated. by adding at the end the following: ferent sources, and the competition If gifted students are not sufficiently ‘‘(15)(A) Except as provided under subpara- will only get fiercer. stimulated, they often learn to get by graph (D), if the Attorney General, the Sec- If Americans want us to remain an with minimum effort and adopt poor retary of Homeland Security, or the Sec- economic leader and keep high paying learning habits that can prevent them retary of State is required to impose a fee jobs, we will need to stay one step pursuant to paragraph (9) or (11), the Attor- from achieving their potential. ahead of others around the world in In fact, many gifted and talented stu- ney General, the Secretary of Homeland Se- coming up with new ideas and innova- curity, or the Secretary of State, as appro- dents underachieve or even drop out of priate, shall impose a supplemental fee and a tive products and services. school. deficit reduction fee on the employer in addi- Thomas Friedman likens this mo- The book ‘‘Genius Denied,’’ by Jan tion to any other fee required by such para- ment in American history to the and Bob Davidson from the majority graph or any other provision of law, in the height of the Cold War when the Soviet leader’s home, the State of Nevada, amounts determined under subparagraph (B). Union leaped ahead of America in the chronicles how we are letting gifted ‘‘(B) The amount of the supplemental fee space race by putting up the Sputnik 1 students throughout the Nation fall shall be $3,500, except that the fee shall be ⁄2 satellite. that amount for any employer with not more through the cracks, wasting their po- than 25 full-time equivalent employees who In response to Sputnik, Congress tential. are employed in the United States (deter- passed the National Defense Education The Belin-Blank Center in my home mined by including any affiliate or sub- Act, which really started the Federal State of Iowa produced a report titled, sidiary of such employer). involvement in education. ‘‘A Nation Deceived: How Schools Hold ‘‘(C) Of the amounts collected under sub- According to Thomas Friedman, to Back America’s Brightest Students.’’ paragraph (B)— meet the challenges of what he calls We must do a better job of developing ‘‘(i) 85.75 percent shall be deposited in the ‘‘flatism’’ will require, ‘‘as comprehen- American talent if America is to re- Treasury in accordance with section 286(w); sive, energetic, and focused a response and main competitive in the global econ- ‘‘(ii) 14.25 percent shall be deposited in the as did meeting the challenge of com- omy. Treasury in accordance with section 286(x). munism.’’ Twice now, on the competitiveness ‘‘(D) Public hospitals, which are owned and We have heard a lot of talk in Con- bill and the immigration bill, I have operated by a State or a political subdivision gress about the need to do something proposed an amendment to provide an of a State shall not be subject to the supple- about American competitiveness. appropriate funding source for gifted mental fees imposed under this paragraph.’’. In fact, earlier this year we passed and talented education. The PRESIDING OFFICER. Who the America COMPETES bill, author- My proposal would increase the fee yields time? izing a series of new programs designed employers pay for H–1B visas for highly

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27918 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 skilled foreign workers to come to the The PRESIDING OFFICER. The slots. This is a bottleneck that is sti- United States and use that additional clerk will report. fling the supply of nurses in this coun- funding for the Jacob Javits Gifted and The assistant legislative clerk read try. And we need to fix it. Talented Students Education Act. as follows: We need to devote resources to train- H–1B visas are temporary visas. The Senator from Iowa [Mr. HARKIN], for ing and hiring new nursing faculty and Highly skilled foreign workers come Mr. SCHUMER, for himself and Mrs. expanding clinical space for nursing to the United States, often working for HUTCHISON, proposes an amendment num- schools so they can accept more quali- less than Americans, and garner useful bered 3404 to amendment No. 3325. fied students. These investments will experience with American companies. The amendment is as follows: exponentially increase the number of Then, by the nature of the H–1B pro- (Purpose: To increase the domestic supply of trained American nurses. The Schu- gram, they go home to use their talent nurses and physical therapists, and for mer-Hutchison amendment’s approach in their native country. other purposes) to fixing our nursing shortage is to That is hardly a permanent solution On page 126, between lines 7 and 8, add the allow up to 61,000 foreign nurses to to our need for talented workers. following: enter the country as green card hold- Doesn’t it make sense to charge a fee SEC. 521. Section 106(d) of the American ers. Importing these thousands of for- to those investing in temporary talent Competitiveness in the Twenty-first Century eign nurses is only a band-aid solution from abroad and use it to invest in per- Act of 2000 (Public Law 106–313; 8 U.S.C. 1153 to our projected nursing shortage of 1 manent talent for the future here at note) is amended— million. But it is also a step that de- home? (1) in paragraph (1)— flates any momentum towards finding (A) by inserting ‘‘1996, 1997,’’ after ‘‘avail- real solutions for our domestic nursing The modified amendment at the desk able in fiscal year’’; and is a compromise that I worked out with (B) by inserting ‘‘group I,’’ after ‘‘schedule crisis. We have done these nursing visa the Senator from Vermont, Mr. SAND- A,’’; recaptures before. In fact, 2 years ago ERS. (2) in paragraph (2)(A), by inserting ‘‘1996, in 2005, the President signed into law a The modification includes language 1997, and’’ after ‘‘available in fiscal years’’; recapture of 50,000 nursing visas as part that was agreed to during the immigra- and of that year’s Emergency Supple- tion debate. (3) by adding at the end the following: mental Appropriations Act. Did this In fact, a similar amendment passed ‘‘(4) PETITIONS.—The Secretary of Home- 2005 visa recapture stop the nursing the Senate with a 59-vote majority. land Security shall provide a process for re- shortage? Of course not. It was a band- It would increase the fee for H–1B viewing and acting upon petitions with re- aid solution. But it did undermine mo- spect to immigrants described in schedule A visas and use the revenue to support not later than 30 days after the date on mentum for efforts to undertake the gifted and talented education as well as which a completed petition has been filed.’’. real reform that we know we need. And an American Competitiveness Scholar- so here we are again, 2 years later, AMENDMENT NO. 3449 TO AMENDMENT NO. 3404 ship Program that the Senator from with hospitals desperate for more (Purpose: To increase the number of nursing Vermont has authored. faculty and students in the United States, nurses. I support his goal of creating a schol- to encourage global health care coopera- My second degree amendment is a arship program for students pursuing a tion, and for other purposes) reasonable compromise that will help degree in math, engineering, health Mr. HARKIN. Mr. President, I call up both the hospitals in the short term care, or computer science. the Durbin amendment. and the domestic nursing supply in the I appreciate Senator SANDERS’s will- The PRESIDING OFFICER. The long term. My amendment would re- ingness to help me and to provide need- clerk will report. quire employers who successfully peti- ed funding for gifted and talented stu- The assistant legislative clerk read tion for a recaptured nursing green dents. as follows: card to pay a $1,500 fee. We cannot continue to shortchange This fee would be used to fund a The Senator from Iowa [Mr. HARKIN], for our best and brightest students and grant program that would provide Mr. DURBIN, proposes an amendment num- still expect excellence from them. bered 3449 to amendment No. 3404. grants to U.S. nursing schools for hir- Gifted students are the innovators of ing nurse faculty, expanding training (The amendment is printed in today’s tomorrow that will keep our economic capacity, and recruiting more students. RECORD under ‘‘Text of Amendments.’’) pump primed. $1,500 is not a large fee—hospitals often For their sake and ours, we cannot Mr. DURBIN. Mr. President, my sec- spend many times that amount for the afford to squander this vital national ond degree amendment reflects my be- services of foreign nurse recruiting resource. lief that we cannot continue to import companies. However, under my amend- I urge the adoption of my amend- nurses from other countries without ment, hospitals that are in dire finan- ment. also taking steps to step up capacity cial straits, like Health Professional Mr. HARKIN. If there is no one else for training nurses here in the U.S. We Shortage Area facilities and Louisiana to speak, I yield back the remaining all know that the United States faces a hospitals still recovering from Hurri- time. serious shortage of qualified nurses. canes Katrina and Rita, would receive The PRESIDING OFFICER. The Projections show that by the year 2020, a waiver from paying this fee. Neither question is on agreeing to the amend- our country will fall short of the does my amendment also impose the ment. Without objection, the amend- nurses we need by one million nurses. fee on the dependents of any nurses ment is agreed to. Why do we have this looming short- who receive a recaptured green card. The amendment (No. 3396), as modi- age? Certainly it is due in part to our Again, the Durbin 2nd degree amend- fied, was agreed to. growing and aging population. But ment is a reasonable compromise that Mr. SANDERS. Mr. President, I move there are also structural problems with will help both the hospitals in the to reconsider the vote. the domestic nursing system that limit short term and the domestic nursing Mr. HARKIN. I move to lay that mo- the number of nurses we educate and supply in the long term. It will allow tion on the table. train in this country. The main struc- for the additional nursing green cards The motion to lay on the table was tural problems are an insufficient num- to address immediate needs, but it will agreed to. ber of nurse educators and a shortage also take steps that will put the Amer- AMENDMENT NO. 3404 TO AMENDMENT NO. 3325 of clinical space for training. An Amer- ican nursing profession on a path to Mr. HARKIN. Mr. President, I under- ican Association of Colleges of Nursing sustainability. My amendment also stand the next amendment is the Schu- survey showed that nursing colleges contains two measured steps to en- mer amendment No. 3404. denied admission to nearly 43,000 quali- hance global healthcare cooperation The PRESIDING OFFICER. That is fied applicants in 2006 academic year. and to safeguard against a crippling correct. The top reasons these applications brain drain of foreign healthcare work- Mr. HARKIN. As amended by the were not accepted were insufficient ers from countries where they are criti- Durbin amendment No. 3449. faculty and not enough admissions cally needed. The first provision would

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27919 allow a healthcare worker who is a (Purpose: To prevent Federal employees look at what some of their proposed in- legal permanent resident in the U.S. to from purchasing unnecessary first class or creases this year would actually look temporarily provide healthcare serv- premium class airline tickets at taxpayers’ like down the line. The spending hike ices in a country that is under- expense, and for other purposes) they are asking for in this bill, if al- developed or that has suffered a dis- At the appropriate place, insert the fol- lowed to continue at the same rate, lowing: aster or public health emergency—like SEC. lll. None of the funds made avail- will cost the American taxpayer $120 the 2004 tsunami—without jeopardizing able under this Act may be used to purchase billion over the next 10 years. Let me his or her immigration status in the first class or premium airline travel that say that again. This spending increase U.S. The second provision would re- would not be consistent with sections 301– over what the President has requested, quire a foreigner who is petitioning to 10.123 and 301–10.124 of title 41 of the Code of if allowed to stand year after year, work in the U.S. as a health care work- Federal Regulations. which is the way this always works, er to attest that he or she has satisfied Mr. HARKIN. Mr. President, the will cost the American taxpayers $120 any outstanding commitment to his or amendment has been agreed to on both billion over the next 10 years. That is her home country under which the for- sides. equivalent to the entire budget of the eigner received money for medical The PRESIDING OFFICER. All time State of New York just in discre- training in return for a commitment to is yielded back. Without objection, the tionary increases, just on this one ap- work in that country for a period of amendment is agreed to. propriations bill. So this increase on years. The goal of this second provision The amendment (No. 3450) was agreed this bill, compounded out, $120 billion is to ensure that foreign countries do to. over the next 10 years, is the equiva- not invest money in healthcare work- AMENDMENT NO. 3391 WITHDRAWN lent of the entire budget of the State of ers who then renege on commitments Mr. HARKIN. Mr. President, I am in- New York. to work in their country without satis- formed that amendment No. 3391 by So what we are telling taxpayers is fying their commitment in some way, Senator CHAMBLISS can be withdrawn, this proposed $23 billion increase over such as by a new voluntary agreement. so I ask unanimous consent that the President’s request for this year’s There is a waiver available in case of amendment No. 3391 be withdrawn. appropriations bills isn’t all that coercion by the home country govern- The PRESIDING OFFICER. Is there much. How many times have we heard ment. My amendment is strongly sup- objection? The chair hears none, and it that: this isn’t all that much money? ported by the American Nurses Asso- is so ordered. But let’s look at the 10-year totals. The ciation and the American Association The Republican leader. $23 billion this year, at the same rate of Nursing Colleges. MOTION TO COMMIT of growth, will end up costing tax- I urge my colleagues to support the Mr. MCCONNELL. Mr. President, we payers $252 billion over 10 years. domestic nursing profession and sup- are now in the fourth week of the new What can we do with $252 billion? We port global healthcare cooperation. I fiscal year, and Congress still hasn’t could fund this year’s discretionary ap- urge passage of my amendment. sent a single 1 of the 12 appropriations propriations for the Department of Mr. HARKIN. All time is yielded bills to the President. Those who made Transportation, the Department of back. a lot of noise about Republican spend- Housing and Urban Development, the The PRESIDING OFFICER. If all ing habits before last year’s elections Department of Justice, the Department time is yielded back, without objection are now making the same mistakes of Commerce, the Department of Agri- the second-degree amendment is agreed themselves. culture, the Departments of Homeland to. There is a difference. This year, our Security, Interior, Energy, and still The amendment (No. 3449) was agreed Democratic friends are delaying the have more left over than the entire 2005 to. most essential business of Congress on Massachusetts State budget. The PRESIDING OFFICER. Without a political gambit. They have stuffed So our friends are saying that is not objection, the amendment, No. 3404, as this bill with so much extra spending it a lot of money. Only in Washington, amended, is agreed to. is guaranteed to draw a veto. Once DC, could this kind of spending be not The amendment (No. 3404), as amend- again, they are setting up the kind of much. We need to get serious about ed, was agreed to. media circus that has become so com- how we spend other people’s money, Mr. HARKIN. Mr. President, I move mon this year. Instead of having a de- and if we don’t start on this bill, which to reconsider the vote. bate about the issues, about spending, represents the largest increase among Mr. DURBIN. I move to lay that mo- we will have a nondebate played out in all the appropriations bills, we won’t tion on the table. front of cameras, complete with props cut anywhere. The motion to lay on the table was and outrage. A story in Monday’s ‘‘Roll Senator LOTT and I propose to send agreed to. Call’’ laid out the strategy. It said our this bill back to committee and in- Democratic friends think a Presi- struct them to prioritize spending in a AMENDMENT NO. 3450 TO AMENDMENT NO. 3325 dential veto of the Labor-HHS bill will way that is responsible and which will The PRESIDING OFFICER. Under allow them to paint the administration secure a Presidential signature. We the previous order, the Senator from and Capitol Hill Republicans as ‘‘out of cannot continue to use the Govern- South Carolina, Mr. DEMINT, is recog- touch’’ with average Americans, just ment charge card knowing our children nized to offer an amendment. like the effort that is underway on and their children will have to pay the Mr. HARKIN. Mr. President, I have SCHIP. bill. an amendment for Mr. DEMINT, which I Well, it is time to stop painting and On behalf of Senator LOTT and my- send to the desk. to start legislating. The fact is, the self, I move to commit H.R. 3043 to the The PRESIDING OFFICER. The Labor-HHS bill is simply too expen- Committee on Appropriations with in- clerk will report. sive. It is $9 billion over the President’s structions to report back with total The legislative clerk read as follows: request, and we all know what that amounts not to exceed $140.92 billion, The Senator from Iowa [Mr. HARKIN], for means. Next year, Democrats will use and I urge my colleagues to vote with Mr. DEMINT, proposes an amendment num- that figure as their baseline, and on us to get us out of the business of polit- bered 3450 to amendment No. 3325. and on in perpetuity. They expect tax- ical theater and back to the business of Mr. HARKIN. Mr. President, I ask payers to forget how much they in- governing in a responsible way. unanimous consent that further read- crease spending this year so they can The PRESIDING OFFICER. The Sen- ing of the amendment be dispensed say it isn’t that much when they do it ator from West Virginia. with. again next year. Mr. BYRD. Mr. President, first, I The PRESIDING OFFICER. Without Our friends on the other side of the commend Senator HARKIN for his skill- objection, it is so ordered. aisle like to downplay the spending ful management of this bill. The Labor, The amendment is as follows: hikes, but let’s stop for a second and HHS, and Education bill requires

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27920 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 tough—did you hear me say that word, I yield the floor. million. How about community health tough?—tradeoffs between critical pro- The PRESIDING OFFICER. Who centers? That would be cut by $250 mil- grams that serve our Nation well. I yields time? lion. thank Senator SPECTER for his many Mr. HARKIN. Mr. President, how A ‘‘yea’’ vote means you agree with contributions to this legislation, which much time remains on our side? the President that we do not need any is bipartisan, and I urge Senators to The PRESIDING OFFICER. The Sen- more community health centers, you vote no on the motion to commit the ator from Iowa has 3 minutes 15 sec- agree with the President we don’t need bill to the committee for the purpose onds. any more money to go to the States for of reducing the bill to the President’s Mr. HARKIN. I yield—how much special education, you agree with the request. time remains? President that we can cut funding for Hear me now. Hear me now. Listen. I The PRESIDING OFFICER. The Sen- NIH, you agree with the President we am going to pose a question. You will ator from Iowa has 3 minutes 15 sec- can zero out the community services have an opportunity to answer it. If onds; the Republican leader has 5 min- block grants and cut the social services such a motion to commit were ap- utes. block grants to the States by 30 per- proved, the bill would need to be re- Mr. HARKIN. I will split it, 11⁄2 min- cent. That is what a ‘‘yea’’ vote means. duced by $9 billion. To any Senator utes to Senator SPECTER, and I will Frankly, I hope we have an over- who intends to vote for the motion to take the last 11⁄4 minutes. whelming vote to reject this motion to commit so as to reduce the bill by $9 The PRESIDING OFFICER. The Sen- commit and keep this a strong bipar- billion, I ask: What programs would ator from Pennsylvania. tisan bill with which we can go to con- you cut? What programs would you Mr. SPECTER. Mr. President, I op- ference. cut? pose the motion to commit because the The PRESIDING OFFICER. The Re- The President proposes to cut Na- President’s budget is $3.5 billion under publican leader. tional Institutes of Health funding by the current expenditures, and figuring Mr. MCCONNELL. Mr. President, I $279 million for studying cancer, diabe- an inflation rate it would be $8.5 billion yield the remainder of my time and ask tes, and heart disease. Under the Presi- less. dent’s budget, the National Institutes for the yeas and nays. If we accept the President’s figure, The PRESIDING OFFICER. Is there a of Health would have to eliminate 717 then we are abdicating our constitu- research grants that could lead to sufficient second? tional responsibility of the appropria- There is a sufficient second. cures or treatments for cancer, diabe- tions process. The Constitution gives The question is on agreeing to the tes, Alzheimer’s, and other diseases. to the Congress the appropriations motion. Should we reduce funding for the Na- power. If we automatically defer to the The clerk will call the roll. tional Institutes of Health? How about President on the total figure, all we do The legislative clerk called the roll. it? Do I hear a response? Ask yourself is fill in the blanks, and that would be before you vote: Where would you cut? an abdication of our constitutional re- Mr. DURBIN. I announce that the IDEN), Where would you cut? sponsibility. In fact, I think it would Senator from Delaware (Mr. B the Senator from New York (Mrs. CLIN- The President proposes over $3 bil- be unconstitutional for us to delegate TON), the Senator from Connecticut lion in cuts for education programs, in- that authority to the President. There (Mr. DODD), the Senator from Massa- cluding special education, safe and is case law to the effect that Congress chusetts (Mr. KENNEDY), and the Sen- drug-free schools, and improving teach- may not delegate its constitutional au- er quality. Should we reduce funding ator from Illinois (Mr. OBAMA) are nec- thority. for educating our children? Should we? I discussed an alternative motion to essarily absent. Which educational programs shall we commit, and that is to arrive at a fig- I further announce that, if present cut? Step up to the plate. ure which would be acceptable to the and voting, the Senator from Massa- The President proposes cuts of nearly President. On SCHIP the President has chusetts (Mr. KENNEDY) would vote $1 billion in health programs such as ‘‘nay.’’ rural health, preventive health, nurse stated his willingness to negotiate. The Senate has its figure; the President has Mr. LOTT. The following Senator is training, and mental health grants. necessarily absent: the Senator from Should we reduce funding for programs his figure. I would be prepared to com- mit this bill to committee to arrive at Arizona (Mr. MCCAIN). that improve the health of our Nation? The PRESIDING OFFICER. Are there Should we? Ask yourself, which pro- a compromise but certainly not to ab- dicate our constitutional authority and any other Senators in the Chamber de- gram—which program—should be cut? siring to vote? Silence. The record will note silence responsibility. The PRESIDING OFFICER. The Sen- The result was announced—yeas 40, in answer to the question. nays 54, as follows: The President proposes to cut low-in- ator from Iowa is recognized. come home energy assistance by $379 Mr. HARKIN. Mr. President, first I [Rollcall Vote No. 390 Leg.] million. Winter is coming on. It gets thank Senator SPECTER for his help YEAS—40 pretty cold in those West Virginia through all this debate and developing Alexander Crapo Kyl hills. As winter approaches and home this bill. I thank Senator BYRD for his Allard DeMint Lott heating oil prices rise, should we re- usual eloquence tonight. I think he en- Barrasso Dole Lugar capsulated what this is all about. Bennett Domenici Martinez duce funding for home energy assist- Bond Ensign McConnell ance? No Senator will be cold this win- This is a bipartisan bill. It passed the Brownback Enzi Murkowski ter at home. I won’t be cold at home. I committee by a vote of 26 to 3. Frank- Bunning Graham Roberts ly, I think at least two, maybe all Burr Grassley Sessions am a Senator, proud to be a Senator. Chambliss Gregg Sununu By how much should we slash low-in- three of those were opposed to the stem Coburn Hagel Thune cell portion we had in there, which is Cochran Hatch come home energy assistance? By how Vitter no longer in the bill. Nonetheless, this Corker Hutchison much? Those who want to cut, now is Cornyn Inhofe Warner the time to answer the question. By passed 26 to 3. Craig Isakson how much should we slash low-income To echo a little bit what Senator NAYS—54 home energy assistance? BYRD said, if you vote to commit, you Mr. President, it is easy to demand are voting to cut community services Akaka Carper Harkin Baucus Casey Inouye cuts until one has to say just what will block grants, to zero it out, and your Bayh Coleman Johnson be cut. Whose ox—whose ox, yours or social services block grants that go to Bingaman Collins Kerry mine—whose ox will be gored? Who will your States will be cut by 30 percent. Boxer Conrad Klobuchar You would cut NIH, as Senator BYRD Brown Dorgan Kohl be left out in the cold? Byrd Durbin Landrieu To all Senators listening, I urge a said, by $279 million. How about special Cantwell Feingold Lautenberg ‘‘no’’ vote on the motion to commit. education? That would be cut by $748 Cardin Feinstein Leahy

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27921 Levin Pryor Snowe less than the recommended amount of I am eager to see that this funding be Lieberman Reed Specter Lincoln Reid Stabenow folic acid daily. used in part to support technical as- McCaskill Rockefeller Stevens CDC research suggests that current sistance and evaluation activities. Menendez Salazar Tester fortification policy is a barrier to for- Poor and low-income adolescents Mikulski Sanders Voinovich tifying the types of food consumed by make up 38 percent of all women ages Murray Schumer Webb Nelson (FL) Shelby Whitehouse diverse groups and may help explain 15 to 19, yet they account for 73 percent Nelson (NE) Smith Wyden the disparate results that have been of all pregnancies in that age group. NOT VOTING—6 achieved in diverse U.S. populations. In Teenage mothers are much less likely view of the inadequacy of folic acid in- than older women to receive timely Biden Dodd McCain Clinton Kennedy Obama take that persists among U.S. women prenatal care and are more likely to who are most at risk of having a child smoke during pregnancy. Because of The motion was rejected. affected by NTD birth defects, there is these and other factors, babies born to Mr. HARKIN. Mr. President, I move a need for further study to evaluate teenagers are more likely to arrive too to reconsider the vote and lay that mo- whether greater improvements in the early and at a lower birth weight, tion on the table. nutritional status of women and the which puts them at greater risk for se- The motion to lay on the table was prevention of NTDs can be achieved rious and long-term illness and devel- agreed to. through the expansion of food and bev- opmental delays. STUDY ON FOLIC ACID erage fortification with folic acid. In Chicago, we have seen how the Mr. SALAZAR. The distinguished Senator SPECTER, the statistics show community-doula model can improve ranking member, Senator SPECTER, and that our current fortification policy is the odds for those young moms and I wish to engage in a colloquy about an not reaching all populations. Do you their babies. The Chicago Health Con- important public health matter. agree that we need the CDC to study nection pioneered this model. The Folic acid is an essential ‘‘B vita- this issue further, so that we can take group trained mentors from the com- min’’ that plays a critical role in the appropriate action based on those re- munity to work with at-risk moms, body’s natural processes for making sults? many of whom had few ideas of where new cells throughout the body. As the Mr. SPECTER. As a longstanding ad- else to turn. These mentors spend time Labor/HHS appropriations committee vocate of prevention and education in the neighborhood, finding and be- has indicated in its committee report, programs, Senator SALAZAR, I believe friending pregnant women who need folic acid fortification can play a crit- that the CDC should conduct critical help. With the guidance of the doula, ical role in reducing the incidences of public health research regarding our the Chicago Health Connection found serious birth defects, such as spina current folic acid fortification policies, that more young mothers were going bifida. In that regard, according to re- so that we have a chance to meet our to their prenatal care appointments, search conducted by the Centers for public health objectives of signifi- making better lifestyle choices, and Disease Control, since the implementa- cantly reducing the occurrences of not surprisingly delivering healthier tion of the FDA’s policies governing spina bifida and other birth defects. babies. The doulas stay with the moms folic acid fortification in enriched ce- Mr. SALAZAR. I am familiar with through the early months, encouraging real grain products, the prevalence of the distinguished Senator’s long his- breastfeeding, cuddling, interactive spina bifida and other neural tube de- tory of supporting public health pre- play, and other critically important de- fects has declined approximately 20 to vention and education programs, and I velopmental activities. The key to suc- 30 percent. ask that you work with me when we cess in this model is the doula, who While this represents significant get to conference to add report lan- comes from the same communities progress in the prevention of birth de- guage to the Labor, HHS and Edu- they serve. The doula provides cul- fects, the decline falls short of the na- cation Appropriations bill that would turally sensitive pregnancy and child- tional policy objective to achieve a 50 direct the CDC to conduct a study of birth education and helps ensure that percent reduction by 2010. It also falls the additional disease prevention bene- pregnant women know how to access short of the 50 percent to 70 percent re- fits to the U.S. population that would prenatal care and social services. duction in birth defects that the Public be gained from expanded folic acid for- My request to the subcommittee to Health Service has estimated would re- tification of the food and beverage sup- transform this model into a national sult if all U.S. women of childbearing ply consumed by populations currently priority was supported by Senators age consumed the recommended at risk for inadequate folic acid intake. OBAMA, BINGAMAN, BROWN and CASEY. amount of folic acid daily. It is also my opinion that CDC should In a time of budget constraints, I know Mr. HARKIN. Senator SALAZAR, I use public-private partnerships to fa- that not many new programs were commend you for bringing this critical cilitate that study. begun and I thank the chairman for issue to my attention and to my Col- Mr. HARKIN. Senator SALAZAR, I making this program a reality. I also leagues’ attention. I agree with you will work with you to expand folic acid commend the chairman for his fore- that we must do all that we can to re- fortification of foods and beverages. sight in expanding it to include com- duce serious birth defects. Mr. SALAZAR. Thank you, Senator munity-based breastfeeding programs Mr. SALAZAR. Thank you, Senator HARKIN and SPECTER. I appreciate your in rural areas. HARKIN. Of great concern to me is that interest in and dedication to address- I am eager to see the Chicago Health the scientific evidence indicates that ing this critical public health matter. Connection model successfully rep- the progress that has been made since Mr. SPECTER. I commend my col- licated and to make that happen, it is the current fortification policy was league for working on this important important that new programs have adopted is distributed unevenly, and issue and concur with Chairman HAR- guidance and help to not reinvent the public health efforts have not been suc- KIN. wheel. I would hope that the national cessful in reaching some of the popu- COMMUNITY-BASED DOULA INITIATIVE program would include funding for a lation groups that are at highest risk Mr. DURBIN. Mr. President, I rise to national leader with expertise in the of having a child affected by NTD birth enter into a colloquy with the Senator replication of the community-based defects. For example, research ana- from Iowa, chairman of the Labor, doula model as well as expertise in lyzing the government’s 2001–2002 Na- Health and Human Services, Education breastfeeding promotion to provide tional Health and Nutrition Examina- and Related Agencies Appropriations training, technical assistance and eval- tion Survey data found that approxi- Subcommittee, Mr. HARKIN. I am uation services. mately 60 percent of non-Hispanic pleased that the subcommittee has des- Mr. HARKIN. I thank my friend from white women, and nearly 80 percent of ignated funding for a community-based Illinois for his leadership on this issue. Hispanic women and nearly 80 percent doula initiative within the Maternal I have worked hard in this bill to make African American women consumed and Child Health Bureau. In particular, prevention a priority. Doula programs

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27922 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 provide the help and support that fami- this proposal will harm the journal keep children connected to a parent in lies need to create a safe environment businesses, hurt scientific communica- prison in order to increase the chances for new infants, particularly when tion, and impose a severe regulatory that the family will come together suc- mothers have nutritional challenges. taking on commercial and nonprofit cessfully when the parent is released. Everything we learn from the National publishers. I also believe that this Unfortunately, this program has been Institutes of Health reminds us that change in policy could have a negative level-funded for the past few years. this early stage of development is so impact on the intellectual property The current allocation for the Men- key to our health and well-being. protections for scientific journal arti- toring Children of Prisoners Program And I want to applaud my friend Sen- cles. I believe this issue is different is $507,000 below the President’s request ator DURBIN for bringing this proven from making underlying scientific data and is at the fiscal year 2007 level. I model to me last year. We worked hard available. I believe that federally fund- would have preferred that the Senate to include funding and I agree with him ed scientific raw data should be avail- adopt an amendment to a modest in- that expert technical assistance will be able for other researchers to review. I crease in fiscal year 2008 funding and an important component to this initia- would also ask that Senators HARKIN restore this amount to the Senate bill. tive. I look forward to working with and SPECTER agree to work with me to At the very least, I would encourage Senator DURBIN and Senator SPECTER revise this NIH provision when this bill the conferees to retain the existing to monitor the implementation of this is conferenced. funding for this program. program and the outcomes it provides. Mr. HARKIN. I remain committed to Mr. HARKIN. I agree with my col- PUBLIC ACCESS retaining the provision in conference league and will work during the con- Mr. ENZI. Mr. President, I wish to as it is written in the Senate and ference process to ensure that funding engage in a colloquy with the distin- House Labor-HHS appropriations bills. for this program is not reduced. guished Senator from Oklahoma, Mr. I will be happy to work with the Sen- Mr. SPECTER. I share my col- INHOFE, and the chairman and ranking ators from Wyoming and Oklahoma to league’s strong and enthusiastic sup- member of the Labor-HHS Appropria- ensure that the policy is implemented port for this important program. I will tions Subcommittee, Senators HARKIN as smoothly as possible for the NIH, re- continue to support the existing fund- and SPECTER. searchers, and scientific publishers. ing levels for the Mentoring Children Mr. President, I am concerned about Mr. SPECTER. I thank the Senators of Prisoners Program when we con- a provision in the fiscal year 2008 from Wyoming and Oklahoma for their ference this bill. LHHS appropriations bill that would concerns about the NIH public access DEAFBLIND PROGRAMS change the National Institutes of policy, which I share. I will work with Mr. KERRY. Mr. President, I would Health, NIH, public access policy to a the chairman to closely monitor the like to engage the distinguished chair- mandate requiring that private sector policy’s implementation. man of the Subcommittee on Labor, commercial and nonprofit journal arti- Mr. ENZI. I thank the distinguished HHS, and Education, Mr. HARKIN, in a cles be made freely available for world- chairman and ranking member of the colloquy concerning funding for wide access on an online NIH Web site. subcommittee. deafblind services and programs at the As ranking member of the Health, Mr. INHOFE. I also thank the distin- Department of Education. Would the Education, Labor and Pensions, HELP, guished chairman and ranking member chairman and manager of the bill en- Committee, I am concerned that this of the subcommittee for their willing- tertain a question? matter has not been reviewed by our ness to work with Senator ENZI and me Mr. HARKIN. Mr. President, I would committee, the committee of primary on this important issue. be happy to. jurisdiction over the NIH. This issue MENTORING CHILDREN OF PRISONERS GRANT Mr. KERRY. As the Senator knows, has been handled through the appro- PROGRAM tremendous progress has been made in priations process, and I believe that Mr. CORNYN. Mr. President, about 2 addressing the needs of deafblind chil- the HELP Committee should study the percent of all children under the age of dren and their families over the past 2 issue and determine the best and most 18 have at least one parent incarcer- decades. Despite a doubling of the pop- appropriate manner to implement and ated in a State or Federal prison. Ac- ulation of children who are deafblind improve the current voluntary policy. cording to the Bureau of Justice. over that same time period, the 46 In the Statement of Administration In 1999 an estimated 721,500 State and Fed- State and regional project centers that Policy, SAP, issued last week, the ad- eral prisoners were parents to 1,498,800 chil- support the deafblind community have ministration echoed this sentiment and dren under age 18. 22 percent of all minor not had a budget increase in over 20 called on Congress to review the policy children with a parent in prison were under years. and balance the need for public access 5 years old. Prior to admission, less than half In fiscal year 2007, the national tech- against the impact it could have on sci- of the parents in State prison reported living nical assistance and dissemination pro- entific publishing, peer review and in- with their children 44 percent of fathers, 64 gram at the Department of Education tellectual property. The private sector percent of mothers. received $48.9 million for all disability invests hundreds of millions of dollars As a group, children of prisoners are technical assistance, of which $12.8 mil- in the peer review process which vets less likely than their peers to succeed lion is designated for deafblind pro- scientific research, and I believe that a in school and more likely to become grams and services. At a time when re- change in the NIH public access policy engaged in delinquent behavior. So, it markable advances in medicine and could undermine that investment. is important that we support organiza- technology are enabling many more of I would respectfully ask when this tions that provide positive adult men- these infants and children to survive bill is conferenced that the section of tors to address the needs of these at- and live longer, it is important for Con- the Labor-HHS appropriations bill risk children—organizations like the gress to recognize the need for in- mandating the NIH public access policy Seedling Foundation in Austin, TX; creased support. be modified so it may receive further and national organizations like Big While the President’s budget pro- study by the committees of jurisdic- Brothers and Big Sisters, and Amachi, posed baseline funding for this pro- tion to ensure that it achieves its goals both of which have chapters in most gram, the House included a modest $2 without unintended negative con- States. million increase for deafblind programs sequences. Many of these organizations depend for fiscal year 2008 in their Department Mr. INHOFE. I would like to add my on grants from the Mentoring Children of Education appropriations bill. The voice to Senator ENZI’s concern regard- of Prisoners Program, authorized in equivalent allocation in the Senate ing the NIH public access mandate that 2001 under section 439 of the Social Se- was, of course, lower than in the House. would force private sector publishers to curity Act and administered by the I know the chairman recognizes the make their articles freely available on U.S. Department of Health and Human urgent help our States need to improve an NIH Web site. I am concerned that Services. This program was designed to their services for families, to support

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.000 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27923 the activities of the national technical Even Start Program receives the fiscal not representative of the Even Start assistance and dissemination center on year 2007 level of $99 million. I am population. Thus, findings cannot be deafblindness, and to strengthen per- proud to be joined by my colleagues, generalized to all of Even Start, par- sonnel preparation programs. Senators HARKIN and SPECTER, and ticularly Even Start participants in Mr. President, I would ask the chair- most of all by Senator SNOWE who has rural communities or special popu- man if he would be willing to continue spent the last 3 years championing this lations, such as migrant and Native to work during the conference process program with me. American families. Experts in assess- to include a $2 million budget increase Ms. SNOWE. Mr. President, I support ment of limited English-proficient, for deafblind funding? the William F. Goodling Even Start LEP, individuals caution that the find- Mr. HARKIN. Mr. President, I would Family Literacy Program. I am proud ings for LEP individuals, who represent say to the Senator from Massachusetts to join my colleague, Senator CLINTON, 75 percent of those assessed in the that I agree with his description of the on this important issue. Senator CLIN- study, are flawed due to inappropriate challenges facing the funding for TON and I have been fighting for this assessment protocols and measures. Of deafblind services and that it is my program for the last 3 years, and we the 118 Even Start projects eligible to hope that we can find agreement with are committed to continuing to fight participate in the study in 2003, only 18 our House colleagues to retain the until this program is fully restored. programs self-selected, meaning that modest funding increase that appears The majority of Maine’s neediest researchers included programs largely in their bill. families have also had services taken based on who volunteered rather than Mr. KERRY. Mr. President, I thank away from them due to cuts over the using random selection, and such a the chairman for his help on this issue. past 2 years. In 2005, Even Start Pro- small pool of programs overall does not FAMILY LITERACY PROGRAM grams in Maine served 168 families allow for the study’s findings to be gen- Mrs. CLINTON. Mr. President, I wish through 9 programs. Today, Even Start eralized to all of Even Start. to speak on a program that is not just is only serving 57 families through 3 However, the California Department important to me and to many of my programs. This means that 66 percent of Education Even Start evaluation constituents in New York but to thou- of Maine families being served have found that the percentage of parents sands of children and parents across lost Even Start services over the past 3 who reported reading to their child on the country. The William F. Goodling years. a more regular basis and involvement Even Start Family Literacy Program These families depend on Even Start in activities such as parent-teacher is a highly valuable program that gives for help in learning English, pursuing conferences increased each year that economically and educationally dis- educational opportunities, and obtain- they were served by the program. advantaged parents the tools necessary ing job skills. In a Texas A&M Univer- Even Start families are the most in to support early literacy and language sity Study, 2004–05, parents partici- need. Eighty-four percent of Even development for their young children. pating in Even Start were more often Start’s families are at or below Federal Even Start not only coordinates with and better employed. The study found poverty levels. Eighty-four percent of early childhood education programs that employment jumped from 17 per- Even Start adults do not have a high and home visitation programs like cent before enrollment to 51 percent school diploma or GED, and 44 percent HIPPYUSA to provide literacy and lan- after program completion, and wages of the parents have not gone beyond guage development services, but also increased by more than 25 percent. incorporates parental involvement. the ninth grade. Nearly one-third of This program helps parents acquire The program assists parents to fulfill children and parents served by Even important skills to be their child’s first their role as their child’s first teacher Start are limited English proficient. and most important teacher. In fact, Mr. HARKIN. Mr. President, I thank by providing them with adult and par- Even Start complements other early my colleagues, Senator CLINTON and enting education, English as a second childhood education programs such as Senator SNOWE, for bringing this crit- language instruction, and structured Head Start and Reading First by pro- parent-child joint literacy activities ical issue to the floor of the U.S. Sen- viding the comprehensive family serv- that we all know are necessary for chil- ate. The Even Start Family Literacy Pro- dren to arrive at school ready to learn. ices that help children in these critical The Even Start Program is the only years. Even Start is also consistent gram is a valuable program, and I early literacy program that works with with the parent involvement goals of agree with my colleagues that Con- parents to serve children during the in- the No Child Left Behind Act. The pro- gress must do all that it can to ensure fant and toddler years, a develop- gram supports parents to be effective that the Even Start Program receives mental period that research shows is advocates for their children. an adequate funding level to keep the critical for building later reading pro- Mrs. CLINTON. Mr. President, Even program alive. ficiency. Moreover, Even Start has Start Programs are essential to break- Mr. SPECTER. Mr. President, I also been shown to be highly effective in ing down the barriers that poverty and want to thank Senators CLINTON and helping low-income parents support illiteracy create by integrating early SNOWE for their hard work on this crit- their children’s education and breaking childhood education, adult literacy, or ical program, and I look forward to the cycle of illiteracy and poverty. basic education, and parenting edu- working with the chairman in pro- During recent years, Even Start has cation into a unified family literacy viding the needed resources for the been plagued by a pervasive misconcep- program. That is why 35 national orga- Even Start Family Literacy Program. tion that the program is ineffective. nizations, including the Center for Law SENIOR COMMUNITY SERVICE EMPLOYMENT This has resulted in drastic funding and Social Policy, the Children’s De- PROGRAM cuts. To date, many Even Start Pro- fense Fund, the National Council of La Mr. SANDERS. Mr. President, I first grams have closed down and thousands Raza, Home Instruction for Parents of want to thank Chairman HARKIN and of vulnerable families have lost serv- Preschool Youngsters USA, and Pre-K Ranking Member SPECTER for their ter- ices. In 2005, Even Start Programs in Now. We have an obligation to our rific work on the Labor-HHS appropria- New York were serving 3,064 families. most vulnerable families to support tions bill. I appreciate how well the Today, due to the Bush administra- services that they need the most. chairman and the ranking member tion’s budget cuts, Even Start is serv- The criticisms of Even Start have were able to address so many of the im- ing only 722 families. We can all agree been largely based on the findings from portant issues in this bill despite the these are dramatic cuts for a program the U.S. Department of Education’s na- overwhelming needs of so many worthy that serves such vulnerable families. tional evaluation released in May 2003. programs that have been terribly un- For New York, cuts to the Even Start However, this study contained serious derfunded during the Bush administra- Program have affected 2,342 families. methodological flaws that call into tion. With this in mind, I want to enter In order to keep the program alive, it question the accuracy of the findings. into a colloquy to clarify a key issue is imperative the Senate ensure the For example, the study’s sample was concerning this measure.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27924 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 As a member of the HELP Committee important program and share his com- member for their ongoing championing and its Retirement and Aging Sub- mitment to our Nation’s low income of critical programs that support committee, I am a strong supporter of seniors. I want to assure him that I am health care access, including making the Senior Community Service Em- committed to funding the program at substantial investments in the Na- ployment Program, SCSEP, which pro- the highest level possible and will work tion’s community health centers. The vides part-time community service op- with the House to do so within our ex- expansion of the National Health Serv- portunities at minimum wage for un- isting budgetary constraints. I thank ice Corps is essential if health centers employed low-income seniors over the the Senator from Vermont. are to continue to meet the health care age of 55 with poor employment pros- Mr. SPECTER. I agree with the needs of their growing disadvantaged pects. This year, approximately 100,000 chairman. populations, and if we are to address seniors nationally will have access to Mr. SANDERS. I thank the chairman the impending crisis in the supply of assistance from the SCSEP program. and the ranking member for their work primary care doctors and dentists. In- Last year, approximately 94,000 were on this critical issue. creasing the program’s funding over served and 40 million hours of commu- NATIONAL HEALTH SERVICE CORPS the next several years is an important nity services were provided at local Mr. DORGAN. Mr. President, I com- goal. The program is strongly sup- community-based organizations, and 33 mend the chairman and ranking mem- ported by the Association of American percent of participants obtained em- ber for rejecting the President’s pro- Medical Colleges, which has called for ployment as a result of participating in posal to slash funding for rural health an increase of 1,500 Corps awards per programs by more than 90 percent. The this program year to help meet the need for physi- President proposed eliminating prac- Through SCSEP, low-income older cians caring for underserved popu- tically every rural health program ex- people benefit from training, coun- lations and to help address rising med- cept for the Federal and State offices seling, and community service assign- ical student indebtedness. ments at nonprofit organizations and of rural health. If enacted, these cuts public agencies before transitioning would have a devastating effect on In fiscal year 2007, the National into the workforce. Participants’ com- communities in North Dakota and all Health Service Corps was funded at munity service assignments benefit across rural America. Although one- $126 million and the current level ap- schools, health facilities, homeless fifth of the Nation’s population lives in proved by the Appropriations Com- shelters and food banks, disaster relief rural areas, 70 percent of all under- mittee for fiscal year 2008 would level- agencies, and aging services. The wages served areas in the country are rural. I fund the program. I thank the com- participants earn makes the difference thank the chairman and ranking mem- mittee members for rejecting the ad- in their ability to care for basic neces- ber for restoring funding for the rural ministration’s proposal which would sities of life such as food and medicine. health programs in this bill. have actually reduced funding by $10 Many participants overcome homeless- One of the big problems in rural million for this vital resource in the ness and other obstacles such as dis- areas is recruiting and retaining health face of a dwindling supply of primary abilities, literacy deficiency, language, professionals. More than 80 percent of care doctors and dentists. While I rec- or lack of self-esteem through their North Dakota’s counties are designated ognize the many competing needs of participation, and are able to compete as Federal health professional shortage important programs within the Labor, for jobs in their local communities. areas. Although recruiting and retain- Health and Human Services, and Edu- Each year thousands of participants ing health professionals is a major cation appropriations bill, at the very transition to employment, allowing ad- challenge in rural communities, it is least, I would like to see the National ditional older workers to benefit from also a problem in some urban settings. Health Service Corps program funding the SCSEP. In fact, more than one of every four increased by the $5.8 million approved The SCSEP program was reauthor- counties in the United States is des- by the House of Representatives. ized last year as part of the Older ignated as a health professional short- Ms. MURKOWSKI. I would like to Americans Act with strong bipartisan age area. Residents who live in these thank the chairman and the ranking support as a result of the tremendous areas frequently have to drive long dis- member of the subcommittee for pro- difference the program makes in the tances or wait to access the care they viding one of the largest increases in lives of our Nation’s low-income sen- need. One of the ways Congress has funding for community health centers iors and our communities. As our popu- sought to reduce the number of short- which include migrant health centers, lation continues to grow grayer, the age areas is by supporting a program health centers for the homeless, and need for SCSEP services is anticipated called the National Health Service public housing health services. Com- to grow accordingly. Corps, which provides full-cost scholar- munity health centers particularly im- SCSEP rewards work and the impor- ships or sizable loan repayment to cli- pact medically underserved commu- tant contribution our Nation’s seniors nicians who agree to serve in a short- nities which can be in urban settings can make to our society. However, pro- age area. I was disappointed that the like New York City or in the most gram costs will rise this coming year President proposed cutting funding for frontier of all States, my home State as the increase in the minimum wage the National Health Service Corps by of Alaska. results in higher costs for the SCSEP $9 million in fiscal year 2008. I appre- program due to the minimum wage ciate that the chairman and ranking I am pleased that the bill before us payments made to program partici- member were able to restore funding to today recognizes the importance of pants. In order to continue current par- the fiscal year 2007 level. However, I be- community health centers and provides ticipant service levels, the House bill lieve that we must ramp up our invest- $2.26 billion in funding for the program. provided $531 million for SCSEP, which ment in this program as well as con- But what about staffing these facili- provides adequate funds to cover the sider other initiatives to reduce the ties? While it is important that we pro- 2008 minimum wage increase. number of health professional shortage vide money for building these centers, I know that Senator HARKIN and areas. we simply cannot ignore the fact that Ranking Member SPECTER are sup- When this funding bill gets to con- many community health centers porters of the program but had a fund- ference, I encourage the chairman and throughout America are not fully ing allocation $2 billion lower than ranking member to support the funding staffed. According to a Washington their counterparts in the House. level proposed by the House for the Na- Post article from June of this year, Can the chairman provide his com- tional Health Service Corps. The House many of these centers rely heavily on mitment of his intent to fund SCSEP bill would provide a $5.8 million in- the National Health Service Corps. at the House-passed level when he crease for the National Health Service Still, this is not enough to fill the gap, moves to conference with the House? Corps for fiscal year 2008. according to the National Association Mr. HARKIN. I thank the Senator Mr. SANDERS. I would like to con- of Community Health Centers. For from Vermont for his support of this gratulate the chairman and ranking lack of funding, the Health Service

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27925 Corps had to turn away about 50 per- LIFESPAN RESPITE CARE APPROPRIATIONS ones stay in their homes longer; and to cent of the 1,800 doctors who applied Mr. WARNER. Mr. President, I speak control health care costs as respite last year. in regard to Senate amendment No. care allows families to postpone or pre- Whether in a large urban city like 3394, an amendment sponsored by Sen- vent expensive hospitalization and New York, or a frontier community ator CLINTON and I, which provides $10 nursing care. like Bethel, AK, the National Health million in funding—fully offset—for Family caregivers provide 80 percent Service Corps should be properly fund- the Lifespan Respite Care Act. Cur- of all long-term care in the U.S.—work ed so that millions of underinsured and rently, the House of Representatives that is virtually always unpaid but val- uninsured Americans have access to fiscal year 2008 Labor, Health and ued at more than $300 billion annually. health care. I believe that with an in- Human Services, Education appropria- That is more than the entire amount crease to the appropriations for the Na- tions bill contains $10 million for this we spent on Medicare in 2004. Because of their responsibilities at tional Health Services Corps we will be important program. However, the Sen- home, studies have shown us that it is able to achieve that and encourage my ate’s version contains no such funding. much more difficult for caregivers to colleagues to match the House-passed As you know, the Lifespan Respite find and maintain jobs. Many funding levels. Care Act passed unanimously in the caregiving families are struggling to Mr. SCHUMER. Mr. President, I also Senate last year and was signed into law by the President on December 21, stay afloat. The cost to businesses is would like to commend Chairman HAR- 2006. This important program author- estimated in the tens of billions of dol- KIN and Ranking Member SPECTER for lars, including the cost for employees putting together a funding bill for the izes competitive grants to Aging and Disability Resource Centers in collabo- who leave jobs due to overwhelming re- Departments of Labor, Health and sponsibilities at home. Human Services, and Education that ration with a public or private non- profit State respite coalition to make This labor of love often results in reflects of our Nation’s priorities and substantial physical and psychological will do much to help the American peo- quality respite available and accessible to family caregivers, regardless of age hardship. Research suggests that care- ple. Of particular importance to me givers often put their own health and and my State is the funding for the Na- or disability. I know that my good friends Senator well being at risk while assisting loved tional Health Service Corps. I appre- HARKIN, the chairman of the Labor, ones. Many caregivers are exhausted ciate that the chairman and ranking Health and Human Services and Edu- and are more prone to illness them- member were able to restore funding to cation Appropriations Subcommittee, selves. One study found that caregivers the fiscal year 2007 level for this pro- are 51 percent more likely to experi- and Senator SPECTER, the ranking gram, but believe that we need to do member of the subcommittee, recog- ence sleeplessness and 61 percent more more to combat the serious issue of nize that funding this program will be likely to experience depression. physician shortage in the underserved Often, this incredible struggle—with a win-win-win for everybody involved. areas of our States. In my State, hos- little support despite the heroic efforts Patients will be able to receive care in pitals and health centers are searching of the organizations advocating for and the home from loving, caring family for physicians who will fill the numer- providing respite care—leads to more members rather than in a nursing ous vacancies that physician retire- costly out-of-home placements as a home. Family members will be even ment and retention problems have cre- family’s only alternative. further encouraged to serve as a family ated. We need more specialists, sur- Like Senator WARNER, I also ask the caregiver knowing that services will be geons, and general practitioners, den- chairman and ranking member of the available to assist them. And, finally, tists, nurse practitioners, and nurse Labor, Health and Human Services Ap- the Federal Government and our midwives. We need to do more to re- propriations Subcommittee to try to health care system will recognize fiscal cruit and retain these essential pro- provide $10 million in funding for the savings as more care will be given in viders—and that is exactly what the Lifespan Respite Care Act. the home by a family member rather National Health Service Corps does. Mr. SPECTER. The Lifespan Respite than in the more costly nursing home Robust funding of this program, in ad- Care Act is a worthwhile piece of legis- setting. As we all know, given the dition to pursuing other strategies to lation that will impact almost all aging baby boomer generation, the cost assist areas experiencing health profes- American families. I will work with the of Medicaid nursing home care is ex- sions shortages, will make a significant chairman to provide funding for these pected to be a primary reason of in- difference to patients and the providers activities. creased health care costs in the years and facilities that care for them. I Mr. HARKIN. Respite care programs to come. Funding the Lifespan Respite recognize the vitally important work thank the chair and ranking member Care bill is one step in the right direc- that families do when a loved one is and hope that the National Health tion towards controlling these costs. struck with illness or disability. I have Service Corps program funding is in- I encourage the chairman and rank- long been a supporter of home and creased by the $5.8 million that was ap- ing member to try to achieve $10 mil- community-based services to keep peo- proved by the House of Representa- lion in funding for the Lifespan Respite ple with disabilities in their homes and tives. Care Act. respite care is an important part of Mr. HARKIN. I share my colleagues’ Mrs. CLINTON. I rise today with my that effort. For that reason, I will support for the National Health Serv- colleagues, Senators HARKIN, WARNER, work with my colleague, Senator SPEC- ice Corps and agree that we must do and SPECTER to talk about the impor- TER, to obtain funding for the Lifespan more to reduce the number of health tance of providing adequate funding for Respite Care Act in conference. professional shortage areas. In my the Lifespan Respite Care Act. Across HEALTH INFORMATION TECHNOLOGY NETWORK State, 14 of our counties are designated our country quality respite care re- DEVELOPMENT as shortage areas, so I know this issue mains hard to find. Where community Mr. ISAKSON. Mr. President, it is firsthand. When this bill gets to con- respite care services do exist, there are my understanding that the Health In- ference, I will support as much funding often long waiting lists. And until the formation Technology Development as possible for this important program, Lifespan Respite Care Act, no Federal program will see a substantial increase and I look forward to continuing to plan focused on respite care to coordi- in this appropriations bill, and I ap- work with my colleagues to ensure an nate among disparate and fragmented plaud the chairman and ranking mem- expansion of the National Health Serv- services. ber’s commitment to this program by ice Corps. This legislation, enacted almost 1 recognizing the need to develop sys- Mr. SPECTER. I will work with Sen- year ago, is designed to expand and en- tems that will help disseminate vital ator HARKIN to provide as much fund- hance access to respite care services to information to help in the detection, ing as possible for this program when provide support and relief to families prevention, and treatment of some of we get to conference with the House. providing care; to help ailing loved the most devastating diseases.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27926 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 In particular, this program is impor- HELP—Committee, I am deeply trou- would have on individuals living with tant to improve access to quality care bled by the impact Public Law 109–415, HIV/AIDS for purposes of supplemental for Georgians living with cancer. Can- the Ryan White HIV/AIDS Treatment grant funding. It is my understanding cer unfortunately acutely affects Geor- Modernization Act of 2006, has had on that this language targets urban areas gia, as it is the second leading cause of the State of Connecticut. Is the distin- whose decline in formula funding has death within the State, yet there is a guished chairman aware that the State meant a decline or disruption of serv- shortage of options available for those of Connecticut lost a total of $3.3 mil- ices for people living with HIV/AIDS by afflicted with cancer. The Georgia Can- lion in Federal funding in the current giving them priority in the supple- cer Coalition, in partnership with and fiscal year as a result of improper im- mental funding process. as the parent organization of the Geor- plementation of the reauthorization by Mr. HARKIN. I see. gia Center for Oncology Research and the Bush administration? Mr. DODD. It is my hope that the im- Education, GA–CORE, is an inde- Mr. HARKIN. I am aware of the cuts pact of a decline in formula funding pendent, nonprofit organization work- the State of Connecticut has sustained under title I will be measured based on ing to improve cancer care and and am aware that these cuts directly the urban areas’ prior year formula strengthen clinical research through- impact individuals living with HIV/ award. This is because applicants for out Georgia by encouraging collabora- AIDS in your State. supplemental funding do not know tion, sharing of information, and im- Mr. DODD. I am particularly con- their current years’ formula award at proving the clinical trials process. To cerned because these funding cuts so the time they apply for supplemental that end, the Georgia Cancer Coalition deeply impacted Connecticut’s two funding and therefore neither the ap- has created a model that harnesses the transitional grant areas, formerly eli- plicant nor HRSA can measure the cur- combined talents of cancer researchers, gible metropolitan areas, Hartford, rent years’ decline or disruption of physicians, and academia throughout which lost nearly $1.5 million, and New services for individuals living with the State to work to eradicate this de- Haven, which lost nearly $1.6 million. HIV/AIDS. It is my hope that I can structive disease. The State of Georgia Urban areas in my State, like many work with the distinguished chairman has already recognized the importance urban areas throughout the U.S. with a in conference to provide some clarifica- of this initiative by allocating funds long history of the presence of this dis- tion and guidance to HRSA on this from the State’s budget. ease, have systems of medical care and critically important issue. As I mentioned before, the Health In- treatment that have been disrupted by It has been stated that the Ryan formation Technology Development the Ryan White CARE Act reauthoriza- White reauthorization bill better tar- program will see a substantial increase tion bill. When I put my support behind geted funding so that infected persons in Federal dollars in fiscal year 2008, the final reauthorization bill, it was would have better access to high qual- and I really believe that some of it ity health care. Residents in the State with the understanding that this bill should go to Georgia. of Connecticut do not have better ac- would do no harm to my State. In fact, Mr. SPECTER. Mr. President, like cess to high quality health care as a re- an analysis of the reauthorization bill my colleague from Georgia, I am sup- sult of the Ryan White reauthorization provided by the Government Account- portive of the Health Information bill. However, there is funding in the ability Office and others prior to its Technology Development program, and House-passed Labor, Health and passage showed that the State of Con- I was happy to support the chairman’s Human Services, and Education appro- necticut and the cities of Hartford and effort to increase funding for it. I be- priations bill that is targeted to cities New Haven would gain over $2 million lieve that the goals of the Department losing funding under title I. I strongly as a result of its passage. However, this of Health and Human Services through support this targeted funding and urge its Office of the National Coordinator has not been the case. that it be maintained in the final con- Mr. HARKIN. Section 102 of Public of Health Information Technology may ference report. be well-served by the sort of program Law 109–415 lists States by name that Mr. HARKIN. I appreciate knowing of have sufficiently reliable and accurate that Senator ISAKSON described a mo- the Senator’s support for this provi- ment ago. names-based reporting of living non- sion. I will certainly keep it in mind as Mr. HARKIN. I appreciate the com- AIDS cases of HIV. The State of Con- we move into conference negotiations. ments by the Senator from Georgia, as necticut is not listed among those Mr. DODD. I thank the Senator for well as the ranking member. I agree States. However, it is my under- his consideration.∑ with them that the Health Information standing that the Health Resources (At the request of Mr. MCCONNELL, Technology Development program is a and Services Administration, HRSA, the following statement was ordered to step towards better dissemination of has administered the program as if be printed in the RECORD.) health information and better health Connecticut were on that list. Is that ∑ Mr. MCCAIN. Mr. President, here we care, and I will work with my col- true? go again, pushing through a bloated ap- leagues during conference with the Mr. DODD. Yes, it is. Connecticut is propriations bill chocked full of ear- House to provide as much funding as not listed among the States with suffi- marks and far exceeding the Presi- possible. ciently reliable and accurate names- dent’s budget request. This is the sev- (At the request of Mr. HARKIN, the based reporting of living non-AIDS enth annual appropriations measure following colloquy was ordered to be cases of HIV. During negotiations on that has been considered by the Senate printed in the RECORD.) the reauthorization bill, I was told by and it is by far the biggest budget bust- HIV/AIDS PROGRAMS officials in the Bush administration er of those considered. The first 6 bills ∑ Mr. DODD. First, I would like to that Connecticut’s names-based report- exceeded the President’s request by thank and congratulate the distin- ing system could not yet be considered over $8 billion, while this bill alone ex- guished chairman of the Labor, Health sufficiently reliable and accurate be- ceeds the President’s budget request by and Human Services, and Education cause it had not reported HIV cases by almost $9 billion. At what point will Appropriations Subcommittee on put- name for four consecutive years. Con- Congress come to grips with the fact ting together this vitally important necticut would not be in that position that we are mortgaging our children’s appropriations bill that will restore until 2009, at the earliest. The result and our grandchildren’s futures by ap- and grow funding for so many of our has been that my State lost $3.3 mil- proving bills like this? Nation’s domestic health, education lion in Federal funding. The Department of Labor, Health and and labor programs. In particular, he I am also deeply troubled by reports Human Services, and Education, and should be commended for his leader- of how HRSA may be measuring urban Related Agencies appropriations bill ship in support of funding for domestic areas’ demonstrated need for supple- for fiscal year 2008 provides over $605 HIV/AIDS programs. mental funding. Under Public Law 109– billion, including $149.2 billion in total As a senior member of the Health, 415, HRSA can consider the impact a discretionary spending and, as I men- Education, Labor and Pensions— decline in formula funding under title I tioned, exceeds the President’s budget

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27927 by $8.95 billion. The Statement of Ad- Public Health to continue the Harkin take care of those suffering from 9/11 ministration Policy begins with the Wellness Grant program; and $100,000 related illnesses, and I would like to following; for Iowa Games, Ames, IA, to continue commend the Appropriations Com- The Administration strongly opposes S. the Lighten Up Iowa program. mittee for helping to meet that obliga- 1710 because, in combination with the other I could go on and on calling out ear- tion. FY 2008 appropriations bills, it includes an marks in this bill and its accom- I have been working with my col- irresponsible and excessive level of spending panying report. We are doing a dis- leagues on the Health, Education, and includes other objectionable provisions. service to the American taxpayers and Labor and Pensions Committee to de- The statement goes on to say, The Adminis- ourselves by approving such wasteful velop a long-term solution to address tration has asked that Congress demonstrate spending. It doesn’t have to be this these health care needs, and I am a path to live within the President’s topline pleased to note the bipartisan support and cover the excess spending in this bill way. In fact, for the past 2 fiscal years, through reductions elsewhere, while ensur- the programs funded through the from my colleagues there. As we con- ing the Department of Defense has the re- Labor-HHS bill were virtually pork- tinue our efforts to develop this solu- sources necessary to accomplish its mission. free. A fortunate disagreement resulted tion, the cooperation of the appropri- Because Congress has failed to demonstrate in almost no earmarks in the fiscal ators in maintaining funding for exist- such a path, if S. 1710 were presented to the year 2006 bill, which had about 3,000 ing programs is greatly appreciated. President, he would veto the bill. earmarks the prior year. And last year, In the wake of the attacks, I have Well, it looks like he will have the we funded the programs with a con- been proud to work again and again opportunity to do just that. tinuing resolution that, for the tax- with Senators HARKIN, BYRD, SPECTER, There are over 1,000 earmarks in this payers, turned out to have been about and others to secure funding to estab- bill. Examples include: $1 million for the most fiscally responsible route that lish necessary screening, monitoring and treatment programs to address the the Bethel Performing Arts Center in we could have taken. Liberty, NY, for the Woodstock Mu- I urge my colleagues to reject the ex- health care needs of those impacted by seum (which the Senate did strike by a cessive spending in the bill.∑ 9/11. Through our joint efforts, we have vote 52:42); $500,000 for the New York (At the Request of Mr. REID, the fol- allocated funding to establish Centers Botanical Garden, Bronx, NY, for the lowing statement was ordered to be of Excellence at the Fire Department of New York and Mt. Sinai Medical virtual Herbarium; $200,000 for Dallas, printed in the RECORD.) TX, for the Women’s Museum; $200,000 ∑ Mrs. CLINTON. Mr. President, I rise Center, as well as its affiliated institu- for the Italian American Cultural Cen- today to express my support and grati- tions. These institutions have been ter of Iowa in Des Moines; $250,000 for tude for the $55 million included in this working on these issues as the early re- the James K. Polk Association in Co- legislation to support our continued ef- ports of illness appeared, and providing lumbia, TN, for exhibit preparation; forts to address the health impacts of care and medical guidance to the re- $100,000 for the Los Angeles Craft and 9/11. I would in particular like to thank sponders and recovery workers who were at Ground Zero and Fresh Kills. Folk Art Museum; $500,000 for the Senator HARKIN, Senator BYRD, Sen- In partnership with the National In- Southwest Museum of the American ator SPECTER, and their colleagues on stitute for Occupational Safety and Indian in Los Angeles, CA; $100,000 for the Senate Appropriations Committee Health, these Centers of Excellence the Warner Robbins Museum of Avia- for their efforts to help the many re- have engaged in efforts to treat those tion in Georgia; $200,000 for the Texas sponders, recovery workers, residents Historical Commission; $600,000 for the suffering these attacks, as well as re- and others who have been suffering search and monitoring to allow us to Vermont Department of Labor for Job from persistent adverse health effects understand more about the ways in Training of Female Inmates in resulting from exposure to the toxins which these exposures do result in dis- Vermont; $2.4 million for Maui Commu- released during the attacks on the ease. And in addition to these efforts, I nity College for the Remote Rural Ha- World Trade Center. also want to highlight the work of the waii Job Training Project; $1.8 million When the towers collapsed, thou- City of New York, which has estab- for Maui Community College for train- sands of tons of coarse and fine partic- lished another Center of Excellence at ing and educational opportunities; ulate matter were released into the Bellevue Hospital with city funds to $750,000 for Minot State University to air—including cement dust, glass fi- meet the needs of residents, office provide training and masters degrees bers, asbestos, lead, hydrochloric acid, workers and others who were exposed to job corp center senior management and other toxic pollutants. The com- to these toxins. personnel; $250,000 for the United Auto bustion of jet fuel after the attacks The $55 million included in this legis- Workers Region 9 Training Initiative created a dense plume of black smoke, lation will go towards continuing these in New York; $900,000 for the Lyndon filled with other toxic substances like programs to carry out the screening, Baines Johnson Foundation in Austin, benzene and polycyclic aromatic hy- monitoring and treatment activities TX, for the Presidential Timeline drocarbons. Fires at Ground Zero con- administered by NIOSH. It also in- Project; $1.1 million for the Billings tinued to burn underground for several cludes language requiring the Depart- Clinic, Billings, MT—interestingly, the months after the attacks. ment of Health and Human Services, Billings clinic only has 272 beds in its Thousands worked and lived by this again working through NIOSH, to ex- hospital, and received recently an en- Ground Zero site, amidst the dust, pand its efforts to address the needs of dowment of over $1 million for its can- smog, and toxic mix of debris. People residents, office and commercial work- cer center; $5.9 million for Marshall also worked at Fresh Kills, the landfill ers, students, and other individuals University, WV, including $1,575,000 for in Staten Island, where workers sifted who were exposed. the Virtual Colonoscopy Outreach Pro- through the debris in an attempt to With this funding, we will ensure gram; $3,600,000 for Mountain State discover evidence and recover human that those who responded in our hour University, Beckley, WV, for the con- remains. And in the first few months of need are helped in their hour of struction of the Allied Health Tech- following the attacks, we began to hear need. We will continue to expand our nology Tower; $3,150,000 for West Vir- reports of persistent coughing among understanding of the ways in which ex- ginia University, for the construction rescue workers. These reports were posure to environmental hazards ad- and equipping of medical simulation among the first indications of the mul- versely impact human health. We will research and training centers; $4,050,000 tiple physical and mental health im- be helping the previously healthy de- for West Virginia University, for the pacts we have identified among work- tectives, firefighters and construction construction of a Multiple Sclerosis ers, responders, and residents following workers—people in good physical shape Center; $1,000,000 for Wetzel County 9/11—chronic respiratory illness, anx- before the attacks who now have dif- Hospital, WV, for the expansion and re- iety and depression, and musculo- ficulty breathing and who experience molding of the Emergency Department; skeletal injuries, among others. I be- mental health concerns. For these indi- $2,000,000 for the Iowa Department of lieve we have a moral obligation to viduals, their illnesses are a constant

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27928 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 reminder of that terrible day, and evi- budget request for the Social Security sponsors to undergo a process certi- dence of the sacrifices made to assist Administration’s, SSA, administrative fying that they have met 13 separate our country after a terrorist attack. expenses and for that I am grateful. criteria to qualify for Medicare cov- Again, I would like to thank Senator However, that increase does not ade- erage. This new policy has the poten- HARKIN, Senator BYRD, Senator SPEC- quately address SSA’s serious backlog tial to reverse the progress that has TER, and others on the Appropriations issue. It is no secret that the Social Se- been made over the past 7 years by Committee for helping to support these curity Administration’s resources are making it much more difficult for programs.∑ stretched thin. Disability claims are trials to qualify. Mr. CARDIN. Mr. President, I rise arising at an alarming rate. Currently, Seniors’ participation in clinical today in support of H.R. 3043, the fiscal over three-quarters of a million indi- trials serves two vital functions. First year 2008 Department of Labor, Health viduals are waiting for a hearing deci- it affords many seniors with serious ill- and Human Services, and Education, sion as pending hearings have in- nesses their only hope for lifesaving and Related Agencies appropriations creased to a record 752,103. Further, the treatment. Second, it is key to re- bill. Some call this legislation the time that an applicant must wait for a searchers’ efforts to determine the ef- most significant appropriations bill we hearing continues to rise, currently fectiveness of therapies for seniors. will consider as it touches the lives of averaging 523 days. Compounding the Since this issue has come to light, I every single American. Each American crisis, Medicare reform legislation have heard from hundreds of patients citizen has the right to basic edu- passed by Congress has increased SSA’s and providers across the country who cation, adequate healthcare, and access responsibilities. Field offices average agree that we must continue to remove to employment opportunities. In pro- over 850,000 visitors a week. Meanwhile, access barriers to innovative viding funding across three major SSA continues to downsize its labor healthcare treatments for our seniors. agencies, we are ensuring that our citi- force. Further, we hear a lot of talk Again, I thank my colleagues for their zens have every opportunity to reach about fraud, waste, and abuses within support on this important matter. their maximum potential. I appreciate the SSA. the opportunity to highlight a few of I submit that we will never get a The Appropriations Committee is the bill’s major provisions. handle on the problem unless we pro- committed to funding significant pro- American workers deserve every op- vide adequate resources to address it. grams that address real issues that portunity to provide for their families. We in Maryland are fortunate to have touch the heart and home of Ameri- Investment in training, education, and the Social Security Administration cans. This includes some innovative employment services leads to good jobs Headquarters in Baltimore. By not ade- programs in my home State of Mary- that provide self-sustainability for quately addressing the SSA backlogs, land, such as: funding provided through workers and their families. This was not only are we doing harm to the hun- this bill will allow the Chesapeake Bay the purpose of the Workforce Invest- dreds of thousands of individuals that, Foundation, CBF, in collaboration with ment Act and is what the funding pro- due to health circumstances beyond Living Classrooms Foundation, LCF, to vided for in this bill accomplishes their control, can no longer support continue providing students with rich, through various job training programs. themselves, we are also tying the meaningful field and classroom pro- This bill acknowledges the value of hands of the hard-working individuals grams focusing on the natural and cul- training and employment services by assisting them. Again, I commend the tural history of the Chesapeake Bay continuing to fund adult employment Appropriations Committee for pro- watershed. Funding will allow CBF and and training, youth training and dis- viding additional funding SSA adminis- LCF to reach approximately 700 teach- located worker assistance programs. trative expenses but note that the ers, and 87,000 underserved students. This bill also provides critical fund- agency needs additional funding to The bill funds KIPP Ujima Village ing for the National Institutes of avoid further staff reductions and an Academy in Baltimore through its par- Health, or NIH. NIH funds significant increasing disability backlog. ent organization. KIPP Ujima opened health research at over 3,000 institu- I would like to take this opportunity its doors in the summer of 2002 with its tions throughout the U.S. and around to thank my colleagues for their sup- first class of fifth graders, and now the world. While increased funding pro- port of my amendment establishing the serves 300 fifth through eighth grades. vided in this bill is a good start, we sense of the Senate that the Secretary Over 99 percent of its students are Afri- can, and must, do more. NIH funding of Health and Human Services should can American, and 87 percent qualify supports research to develop and find maintain ‘‘deemed status’’ coverage for Federal free or reduced-price meals cures for a myriad of health issues, in- under the Medicare Program for clin- program. KIPP Ujima is the highest cluding cancer, diabetes, stroke, and ical trials that are federally funded or performing public school serving mid- mental illness. These are significant reviewed. Under current policy, trials dle grades in Baltimore City, as meas- health concerns facing Americans that are federally funded or reviewed ured by the 2006 Maryland State As- today. by institutions such as the National In- sessment. On that exam, 100 percent of As you are aware, NIH is stitutes of Health, received ‘‘deemed seventh and eighth graders scored pro- headquartered in Bethesda, MD, where status’’ and were not subjected to addi- ficient or advanced in mathematics, more than 18,000 are employed. So it is tional review to be eligible for reim- achieving the highest math scores in especially important to me, a Senator bursement. This policy has worked well the State of Maryland. from Maryland, that we give all of for 7 years. these individuals the resources they Prior to 2000, too few seniors partici- Carroll County Youth Service Bu- need to improve and save lives through pated in clinical trials. One reason for reau, CCYSB, provides a continuum of health research. I commend the Appro- this disparity was Medicare’s reim- community-based mental health serv- priations Committee for supporting bursement policy. Because Medicare ices for children, adults, and families this agency with a 3.3 percent increase was modeled on the indemnity health throughout Carroll County. CCYSB to the overall NIH budget. However, if insurance policies, it did not pay for uses a multidisciplinary approach to we expect America to remain a leader treatment considered ‘‘experimental’’ deliver prevention, intervention and in medical advancements and tech- in nature, and so often denied reim- treatment services in the least restric- nologies, we must be committed to pro- bursement for the routine patient care tive and most cost-effective manner. viding researchers the resources they costs associated with clinical trials. Funding provided in the bill will allow need to move forward. I am committed Many seniors could not afford to pay CCYSB to reach more underserved pa- to that goal and urge my colleagues to these costs themselves, and so they tients in need of mental health serv- remain vigilant, as well. were by and large excluded from these ices. This bill provides a $125 million in- trials. CMS has recently considered The bill also provides funding for crease above the administration’s changing this policy, requiring trial equipment and technology in a number

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27929 of Maryland healthcare facilities, in- are in a race against time, and unfortu- This story helps to underscore some cluding St. Agnes Hospital, Mercy Med- nately, for too many of them, emer- important issues. First, although car- ical Center, Northwest Hospital, Ken- gency medical services are unable to diac arrest is most common among nedy-Krieger, Lifebridge, and Holy reach people in need, and time runs out adults, it can occur at any age—even in Cross. The technology and equipment for victims of cardiac arrest. apparently healthy children and ado- provided will allow these facilities to Fortunately, AEDs are inexpensive lescents. Second, early intervention is better detect, diagnose, and treat pa- and simple to operate. Because of ad- essential—a combination of CPR and tients who suffer traumatic illnesses vancements in AED technology, it is the use of AEDs can save lives. and injuries. practical to train and equip police offi- After Adam Lemel suffered his car- I thank Senator HARKIN, Senator cers, teachers, and members of other diac arrest, his friend David Ellis SPECTER, and their staffs for all of community organizations on how to joined forces with Children’s Hospital their hard work to develop a bill that use these devices. of Wisconsin to initiate Project ADAM addresses many other basic rights that Over the past 6 years, I have worked to bring CPR training and public ac- all Americans deserve: education, em- with Senator SUSAN COLLINS on a num- cess defibrillation into schools, educate ployment, and health care. ber of initiatives to empower commu- communities about preventing sudden Mr. FEINGOLD. Mr. President, today nities to improve cardiac arrest sur- cardiac deaths and save lives. the Senate will be voting on the fiscal vival rates. We have pushed Congress The ADAM Act was passed into law year 2008 Labor, Health and Human to support first responders—local po- in 2003, but has yet to be funded. The Services, and Education appropriations lice and fire and rescue services—in ADAM Act is one way we can honor the act. I am pleased to support this bill, their efforts to provide early life of children like Adam Lemel, and which provides healthier funding levels defibrillation. Congress heard our call, give tomorrow’s pediatric cardiac ar- for our labor, health, and education and responded by enacting two of our rest victims a chance at life. programs for the first time in many bills, the Rural Access to Emergency The Feingold-Collins amendment years. At a time of rising poverty lev- Devices Act and the ADAM Act. provides modest funding for this act els, rising health care and heating The Rural Access to Emergency De- just $200,000. This funding, while not costs, and classrooms in desperate need vices program allows community part- much in the grand scheme of the Fed- of funding, this bill helps promote pro- nerships across the country to receive eral budget, will help jump start this grams that offer solutions to these a grant enabling them to purchase valuable program. This amendment as problems. defibrillators, and receive the training drafted would be funded through the I am pleased that the Senate adopted needed to use these devices. Approxi- Rural AED line; however, I am pleased four amendments I worked on. One was mately 95 percent of sudden cardiac ar- that the managers share my goal of not an amendment I cosponsored that Sen- rest victims die before reaching the taking away any of the already limited ator COLLINS offered to provide much hospital. With every minute that Rural AED funding and are looking for needed additional funding to improve passes before a cardiac arrest victim is additional ways to fund the ADAM Act. access to dental health in rural and un- defibrillated, the chance of survival I am pleased that our amendment derserved areas. Our amendment suc- falls by as much as 10 percent. After passed the Senate by unanimous con- cessfully doubled the funding for the only 8 minutes, the victim’s survival sent and I urge the conferees to main- Dental Health Improvement Act, bring- rate drops by 60 percent. This is why tain this small but important program. ing funding from $2 million to $4 mil- early intervention is essential—a com- My third amendment that passed re- lion. The Collins-Feingold Dental bination of CPR and use of AEDs can quires GAO to conduct an assessment Health Improvement Act authorized a save lives. of current State health care reforms new State grant program that is de- If we give people in rural commu- and comment on the potential role signed to improve access to oral health nities a chance, they may be able to re- that Congress could take in assisting services in rural and underserved areas. verse a cardiac arrest before it takes States with their efforts. I offered this States can use these grants to fund or another life. Unfortunately, the Presi- amendment along with Senators create programs tailored to State dent zeroed out the funding for the GRAHAM, BINGAMAN, and VOINOVICH. needs. For example, they can use the Rural AED program after the program There is momentum in many States to funds for loan forgiveness and repay- was cut by 83 percent in fiscal year 2006 reform the broken health care system. ment programs for dentists practicing and kept at that level in fiscal year This study would provide an overview in underserved areas. They can also use 2007. I am very disappointed that the of what is working in the States and the grant funds to establish or expand program was eliminated in the Presi- the effect of Federal laws on State community or school-based dental fa- dent’s budget. Our rural communities health care initiatives. In addition, the cilities or to set up mobile or portable deserve better, and I am pleased that study would provide recommendations dental clinics. In Wisconsin, funds were the Senate Appropriations Committee on how the Federal Government could used to provide children with better ac- recognized this by providing $3 million better work with States to further ef- cess to sealants. This helps prevent fur- in funding for the program this year. forts. ther and more expensive dental work That is double last year’s funding level While Congress may not be able to later in life. and, while it is still much lower than I reach consensus on how to ensure all The Collins-Feingold amendment to would like, I hope the final version of Americans access to health services, a increase funding for this important this bill includes at least that much in State-based model allows consideration program will help fund additional funding. of politically diverse solutions that State programs so that more people in Heart disease is not only a problem could eventually be widely applied. our country will have access to essen- among adults. A few years ago I Gathering data on what works at the tial oral health care. I thank Senator learned the story of Adam Lemel, a 17- State level will assist Congress in look- COLLINS for her work on this, and also year-old high school student and a star ing at broader reforms, which is why thank Chairman HARKIN and Senator basketball and tennis player in Wis- Senator GRAHAM and I have introduced SPECTER for their assistance in passing consin. Tragically, during a timeout legislation, with the backing of the this. while playing basketball at a neigh- Brookings Institute and the Heritage Another adopted amendment will in- boring Milwaukee high school, Adam Foundation, to encourage and expand crease public access to automatic ex- suffered sudden cardiac arrest, and died State efforts to extend health care cov- ternal defibrillators, or AEDs, in before the paramedics arrived. erage. schools. In my home State of Wis- This story is incredibly tragic. Adam My fourth amendment directs GAO consin, as in many other States, heart had his whole life ahead of him, and to examine the different techniques disease is the No. 1 killer. Cardiac ar- could quite possibly have been saved schools are using to prepare students rest can strike anyone. Cardiac victims with appropriate early intervention. to achieve on State standardized exams

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27930 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007

as well as meet State academic stand- in a rural, suburban, or urban environ- I share Senator ALLARD’s goals of ef- ards. Schools in Wisconsin and around ment, and whether schools have been ficient Government spending and re- the country are facing their sixth year identified for improvement under ducing the deficit; however, I have under No Child Left Behind, NCLB, the NCLB. It is my hope that Congress will some concerns about the standards for centerpiece of President Bush’s domes- receive concrete data on how the stu- evaluating Government programs in tic agenda, and I continue to hear dent preparation varies among dif- PART. There are several programs that grave concerns throughout Wisconsin ferent types of schools so that we can are making a big, positive difference in about the Federal testing mandates get a better sense of how NCLB is im- communities, that score poorly on the contained in NCLB and the ongoing im- pacting our Nation’s schools. The assessment. Some of these programs I plementation problems with the law. disaggregation element of this GAO have supported for years, such as rural Wisconsin teachers and parents are study should better help us determine health programs, and various higher concerned about many of the unin- whether various preparation tech- education programs. I think it is im- tended consequences of NCLB, includ- niques, including commercial test portant to examine this tool more ing the narrowing of the curriculum to preparation programs and narrowing of closely and see if there is a way to im- focus on the subjects that are tested the curriculum, are correlated with prove the assessment before cutting under NCLB—reading and math. As a certain school demographics. these programs. For this reason, I op- consequence of more narrowed curricu- I was also pleased to cosponsor an posed this amendment, which would lums, some students are experiencing amendment from my colleague, Sen- have had far-reaching implications. reduced class time on other important ator BROWN of Ohio, to prohibit the De- I was pleased to support final passage subjects including social studies, partment of Education from continuing of this bill which provides essential civics, geography, science, art, music, its problematic evaluation of the Up- funding for education, health care, and and physical education. I have also ward Bound program until Congress job training programs. Many of these heard numerous concerns that students has a chance to examine this policy as programs have seen drastic cuts over are being drilled in reading and math part of the Higher Education Act, HEA, the past 6 years and I am happy that reauthorization. I have been a strong in order to boost performance on these we have been able to more adequately supporter of the TRIO Upward Bound standardized tests, which may not be fund these programs in this bill. I am program for many years and continu- the best measure of students’ higher disappointed that the President con- ously hear about the benefits it pro- order thinking skills. Many Wisconsin- tinues to say that he will veto this bill vides to Wisconsin students entering ites are concerned that rote drill exer- and I hope that he will reconsider in college, particularly first-generation cises in reading and math take the joy the coming days. Too many Americans college students. are depending on the employment, out of learning for students and have Because of my strong support for Up- called for a reexamination of NCLB health care, and education services ward Bound, I continue to be concerned provided in this legislation and they policies to ensure that a diverse and about the Department of Education’s high-quality curriculum is taught in are the ones who will be negatively im- evaluation of Upward Bound, including pacted if the President follows through all of our Nation’s schools. the mandate that colleges had to re- I voted against NCLB in large part on his veto threat. Much more remains cruit more students than they can to be done to correct the inadequate because of its Federal testing mandate serve under the Upward Bound pro- and the potential ramifications of the funding for these programs in recent gram. I agree that Upward Bound, like years, but this bill is a step in the right primary focus on test scores in order to other Federal programs, needs to be determine adequate yearly progress in direction. evaluated to ensure Federal dollars are The PRESIDING OFFICER. Under our schools. I also remain deeply con- being spent wisely and effectively. But cerned that NCLB’s testing and sanc- the previous order, the substitute, as the Federal Government has a duty to amended, is agreed to. tions approach has forced some design responsible evaluations of Fed- The amendment (No. 3325), as amend- schools, particularly those in our inner eral programs, and I do not think the ed, was agreed to. cities and rural areas, to become places Department fulfilled that obligation The PRESIDING OFFICER. The where students are not taught, but are with the design of this Upward Bound question is on the engrossment of the drilled with workbooks and test taking evaluation. I am pleased the Senate amendment and third reading of the strategies, while in wealthy suburban recognized that the ongoing evaluation bill. schools, these tests do not greatly im- is troublesome and agreed to prohibit The amendment was ordered to be pact school curriculums rich in social funding for it until Congress can reex- engrossed and the bill to be read a studies, civics, arts, music, and other amine the Upward Bound evaluation as third time. important subjects. part of the ongoing HEA reauthoriza- The bill was read the third time. I do not necessarily oppose the use of tion. Mr. HARKIN. Mr. President, we have standardized testing in our Nation’s I am pleased that my colleagues sup- had a very productive 5 days of debate schools. I agree that some tests are ported all of my amendments and ac- on the fiscal year 2008 appropriations needed to ensure that our children are cepted them. I thank Chairman HARKIN bill for Labor, Health and Human Serv- keeping pace and that schools, dis- and Senator SPECTER for their assist- ices, Education, and related agencies. I tricts, and States are held accountable ance and support with these amend- would like to again thank the ranking for closing the persistent achievement ments. member, Senator ARLEN SPECTER, for gap that continues to exist among dif- I would also like to comment briefly his leadership and partnership in help- ferent groups of students, including on an amendment that the Senator ing to shape this bipartisanship bill. among students in Wisconsin. But the from Colorado, Mr. WAYNE ALLARD, I would also like to take this oppor- Federal one-size-fits-all testing and brought to a vote. This amendment tunity to thank the subcommittee staff punishment approach that NCLB takes would have redirected funds from pro- for the long hours and hard work they is not providing an equal education for grams deemed ineffective by the Pro- put into it. On the Democratic side, I all, eradicating the achievement gap gram Assessment Rating Tool, or thank Ellen Murray, Lisa Bernhardt, that exists in our country or ensuring PART. This program was enacted into Teri Curtin, Erik Tatemi, Adrienne that each student reaches his or her law as part of the Government Per- Hallet, and Mark Laisch. On the Re- full potential. formance Results Act and is intended publican side, I thank Bettilou Taylor, My amendment calls on GAO to ex- to better target Government dollars to Sudip Parikh, and Jeff Kratz. These amine how the use of different prepara- the most efficient programs. Senator staff members set a very high standard tion techniques varies based on the de- ALLARD’s amendment would have cut of professionalism, excellence, and in- mographic characteristics of schools, the programs considered ineffective by tegrity, and we are very fortunate to including the concentration of poverty PART by 10 percent, and then sent have people of this caliber in public at schools, whether schools are located these dollars to the Federal deficit. service.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27931 Mr. President, we are just minutes creases in order to keep pace with in- The PRESIDING OFFICER. Are there away from the vote on final passage of flation or to prevent significant cuts in any other Senators in the Chamber de- the bill. I want to emphasize that this essential services. This remains a bare- siring to vote? is an overwhelmingly bipartisan bill bones, no-frills bill that conforms to a The result was announced—yeas 75, that meets the priorities of members very conservative budget allocation. nays 19, as follows: on both sides of the aisle. Senator For 5 years, Congress has appro- [Rollcall Vote No. 391 Leg.] priated countless billions of U.S. tax- ARLEN SPECTER and I produced a bill YEAS—75 that passed in committee with the sup- payer dollars for schools, job programs, Akaka Feingold Murkowski port of 14 of 15 Democrats and 12 of 14 hospitals, and human services in Iraq. Alexander Feinstein Murray Republicans. This bill funds the most Democrats and Republicans on the Baucus Grassley Nelson (FL) essential, life-supporting and lifesaving committee agree that it’s time to look Bayh Hagel Nelson (NE) after those same needs in this country. Bennett Harkin Pryor services for millions of people in this Bingaman Hatch Reed country. It reflects the values and pri- And that is exactly what we do in this Bond Hutchison Reid orities of the American people. bill. Boxer Inouye Roberts As I have said before, it is regrettable As I said, we tried hard to accommo- Brown Isakson Rockefeller that, even before we brought this bill date the President’s concerns. There Byrd Johnson Salazar has been so much division and par- Cantwell Kerry Sanders to the floor last week, President Bush Cardin Klobuchar Schumer threatened to veto it because it in- tisanship in Washington in recent Carper Kohl Shelby cluded a provision to expand embryonic months. This bill offers a great oppor- Casey Landrieu Smith tunity for Congress and the President Chambliss Lautenberg Snowe stem cell research, and because it in- Cochran Leahy Specter cludes $11 billion in funding above what to show the American people that we Coleman Levin Stabenow he requested. can resolve our differences with com- Collins Lieberman Stevens We have done our very best to accom- promise and bipartisan goodwill. We Conrad Lincoln Sununu have met the President halfway—in my Craig Lott Tester modate the President, and to produce a Crapo Lugar Voinovich bill that he can sign. To that end, we opinion, more than halfway. Now it is Dole McCaskill Warner removed the stem cell provision from time for him to respond in kind, and to Domenici McConnell Webb the bill before bringing it to the floor. rescind his veto threat. Dorgan Menendez Whitehouse Durbin Mikulski Wyden This is a core priority for me, for Sen- It is important that we send a strong, ator SPECTER, and for many other Sen- bipartisan message to the American NAYS—19 ators. But we took it out of the bill in people that, at a time when we are Allard Cornyn Kyl order to meet the President halfway. I spending enormous sums on wars in Barrasso DeMint Martinez remain hopeful that, in turn, he will Iraq and Afghanistan, we will not ne- Brownback Ensign Sessions glect or shortchange essential, life- Bunning Enzi Thune meet us halfway, and join us in this Burr Graham Vitter spirit of bipartisan compromise. saving, and life-supporting programs Coburn Gregg I am an optimist, and I hold out hope and services here at home. I urge my Corker Inhofe colleagues to vote yes on this impor- that, if the President examines the NOT VOTING—6 substance of this bill, he will see that tant bill. And I urge the President to join us in supporting this bipartisan Biden Dodd McCain the additional funding above his budget Clinton Kennedy Obama request goes to essential programs and bill. I know Senators are eager to vote The bill (H.R. 3043), as amended, was services that have been shortchanged and go home. I just want to thank all passed. in recent years. (The bill will be printed in a future President Kennedy said that ‘‘to gov- of the Senators for their many edition of the RECORD.) ern is to choose.’’ The President has kindnesses and their courtesies in Mr. LEAHY. Mr. President, I move to made his choices. But, under the Con- bringing this bill to a close. It was 5 reconsider the vote. stitution, Congress also gets to choose. days, but it was 5 days of good debate and good amendments. We have a Mr. HARKIN. I move to lay that mo- And, in this bill, we have made the strong bipartisan bill. I hope we will tion on the table. right choices. Let me cite just a few ex- pass it with a strong bipartisan vote, The motion to lay on the table was amples: The President is requesting that we go to conference, and get it to the agreed to. cut the National Institutes of Health— President’s desk as soon as possible. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The bill research into cancer, diabetes, Alz- ate insists on its amendment and re- having been read the third time, the heimer’s and other diseases—by $279 quests a conference with the House, question is, Shall the bill pass? million. In this bill, we increase fund- and the Chair appoints the following Mr. HARKIN. Mr. President, I ask for conferees. ing for NIH by $1 billion. the yeas and nays. The President requests that we re- The Presiding Officer appointed Mr. The PRESIDING OFFICER. The yeas HARKIN, Mr. INOUYE, Mr. KOHL, Mrs. duce the Head Start program by $100 and nays have been requested. Is there million, which would cut tens of thou- MURRAY, Ms. LANDRIEU, Mr. DURBIN, a sufficient second? Mr. REED, Mr. LAUTENBERG, Mr. BYRD, sands of children from the Head Start There is a sufficient second. Mr. SPECTER, Mr. COCHRAN, Mr. GREGG, roles. This bill increases funding for The clerk will call the roll. Head Start by a modest $200 million. The assistant legislative clerk called Mr. CRAIG, Mrs. HUTCHISON, Mr. STE- Despite predictions of record energy the roll. VENS, Mr. SHELBY, and Mr. DOMENICI prices this winter, Mr. Bush requests Mr. DURBIN. I announce that the conferees on the part of the Senate. that we cut the Low Income Home En- Senator from Delaware (Mr. BIDEN), f ergy Assistance Program for poor peo- the Senator from New York (Mrs. CLIN- ple by $379 million. In this bill, we TON), the Senator from Connecticut EXECUTIVE SESSION maintain LIHEAP funding at last (Mr. DODD), the Senator from Massa- year’s level. chusetts (Mr. KENNEDY), and the Sen- Mr. Bush requests that we eliminate ator from Illinois (Mr. OBAMA) are nec- the community services block grant, NOMINATION OF LESLIE SOUTH- essarily absent. WICK TO BE U.S. CIRCUIT JUDGE the safety net that includes job train- I further announce that, if present FOR THE FIFTH CIRCUIT ing, housing, and emergency food as- and voting, the Senator from Massa- sistance. In this bill, we increase the chusetts (Mr. KENNEDY) would vote The PRESIDING OFFICER (Mr. community service block grant by a ‘‘yea.’’ SALAZAR). Under the previous order, modest $40 million. Mr. LOTT. The following Senator is the Senate will go into executive ses- In each of these program areas, the necessarily absent: the Senator from sion and the clerk will report the nomi- bill includes modest, reasonable in- Arizona (Mr. MCCAIN). nation.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27932 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 The legislative clerk read the nomi- nation since 1982 to receive a unani- that ‘‘absent evidence of a near race nation of Leslie Southwick, of Mis- mous rating of ‘‘not qualified’’ from riot, the remark is too inconsequential sissippi, to be United States Circuit the American Bar Association. to serve as a basis of dismissal.’’ The Judge for the Fifth Circuit. This is the seat to which President dissent found that this racial epithet is The PRESIDING OFFICER. The Re- Bush had previously used a recess ap- ‘‘inherently offensive, and [its] use es- publican leader. pointment to put Charles Pickering on tablishes the intent to offend.’’ The CLOTURE MOTION the bench, after his nomination was dissent was right. Mr. MCCONNELL. Mr. President, I voted down by the Judiciary Com- In my view, the Mississippi Supreme send a cloture petition to the desk. mittee in 2002. President Bush an- Court did the right thing in reversing The PRESIDING OFFICER. The nounced that appointment, as I recall, that decision and I commend them. clerk will report. on the Martin Luther King Jr. holiday There is no place for ‘‘the n word’’ in The legislative clerk read as follows: weekend in 2004, despite the significant the workplace or in use by a supervisor CLOTURE MOTION concerns and open debate about that to and about an employee. None. Just We, the undersigned Senators, in accord- controversial nomination. as there is no place for it in this body ance with the provisions of rule XXII of the Those concerns included Judge or anywhere else. I am not naive Standing Rules of the Senate, do hereby Pickering’s intervention with the De- enough not to know the word is used in move to bring to a close debate on Executive partment of Justice in an attempt to parts of America, but it should be con- Calendar No. 291, the nomination of Leslie get the sentence of a convicted cross demned by all wherever it is used, and Southwick, of Mississippi, to be United burner reduced. it certainly is by me. States Circuit Judge for the Fifth Circuit. The nomination we consider today If, as Mr. Southwick now says, his Mitch McConnell, Arlen Specter, Wayne has engendered significant opposition. view of the Richmond case was the nar- Allard, Johnny Isakson, Richard Burr, Norm Coleman, David Vitter, Kay Bai- Those opposing this nomination in- row, technical, legalistic one that he ley Hutchison, George V. Voinovich, clude: the Leadership Conference on now says justifies his providing the de- John Thune, Jim DeMint, Tom Coburn, Civil Rights, the Human Rights Cam- ciding vote to the majority opinion, he Michael B. Enzi, Elizabeth Dole, Jeff paign, the Mississippi State Conference could have said so back then, in a sepa- Sessions, Jim Bunning, John Barrasso, of the NAACP, the NAACP Legal De- rate opinion. Trent Lott, Thad Cochran. fense Fund, Lambda Legal, the Na- He could have noted that he felt such The PRESIDING OFFICER. Who tional Employment Lawyers Associa- use of ‘‘the n word’’ was inexcusable, yields time? tion, the Magnolia Bar Association, the but that he felt constrained by his lim- The Senator from Vermont. National Organization of Women, the ited role on appeal to apply a standard Mr. LEAHY. I suggest the absence of National Urban League, the AFL–CIO, of review that compelled him to re- a quorum. the Congressional Black Caucus, and verse Judge Graves of the Circuit Court The PRESIDING OFFICER. The many more. and reaffirm the Employee Appeals clerk will call the roll. A number of members of the Judici- Board’s reinstatement of the offending The assistant legislative clerk pro- ary Committee spoke eloquently about supervisor with back pay. That is not ceeded to call the roll. their concerns and doubts during com- what he did, however. Mr. LEAHY. I ask unanimous con- mittee consideration on August 2. In the face of a cogent dissent, he sent that the order for the quorum call I have given careful consideration to provided the deciding vote to uphold be rescinded. Mr. Southwick’s record. Many share the decision excusing that remark. The PRESIDING OFFICER. Without with me my concern about Judge Likewise I am troubled by Judge objection, it is so ordered. Southwick’s deciding vote in Richmond Southwick’s actions in S.B. v. L.W, in Mr. LEAHY. Mr. President, today, v. Mississippi Department of Human which he voted to uphold a decision the Senate considers the controversial Services, 1998. This decision reinstated taking an 8-year-old child away from nomination of Leslie Southwick to the a white state social worker who had her biological mother due to her moth- United States Circuit Court of Appeals been fired for using a racial epithet er’s sexual orientation and the fact for the Fifth Circuit. Unlike so many what has come to be known that she was living with a female part- of President Clinton’s nominees, Mr. colloquially as ‘‘the n word’’ in refer- ner. Southwick was accorded a hearing on ring to an African-American coworker My concern is not just that Judge his nomination. during a meeting with high-level com- Southwick joined the majority opinion I refused to ambush Leslie Southwick pany officials. but that he went out of his way to sign the way Republicans ambushed Ronnie That epithet was called by one Fifth on to a concurring opinion that sug- White in 1999. Thus, despite my opposi- Circuit opinion ‘‘a universally recog- gested that sexual orientation is an in- tion to this nomination, I made sure nized opprobrium, stigmatizing Afri- dividual ‘‘choice’’ and an individual that Mr. Southwick was treated fairly can-Americans because of their race.’’ must accept that losing the right of and that his nomination was debated Yet the hearing officer at her appeal custody over one’s child is one of the and voted upon by the Judiciary Com- before the State Employee Appeals ‘‘consequences flowing from the free mittee. The process has been open and Board suggested that the use of the ra- exercise of such choice.’’ fair and the rights of every Senator cial slur ‘‘was in effect calling the indi- I also have concerns about his ap- Democratic or Republican have been vidual a ’teacher’s pet.’’’ I am not sure proach in some cases involving allega- respected. any African American would consider tions of race discrimination in jury se- During the Clinton administration, it being called a ‘‘teacher’s pet.’’ lection, such as his opinion in a 1997 several outstanding nominees to the Judge Southwick provided the decid- case, Brock v. Mississippi upholding a Fifth Circuit were pocket filibustered ing vote to uphold the hearing officer’s criminal conviction where the prosecu- successfully by the Republicans. They conclusion, the opinion he joined find- tion struck an African-American juror, included Judge Jorge Rangel of Texas, ing that the racial slur was ‘‘not moti- purportedly because he lived in a high Enrique Moreno of Texas, and Alston vated out of racial hatred or animosity crime area. Johnson of Louisiana. They were pock- directed at her co-worker or toward The dissenting judge criticized Judge et filibustered without a hearing or blacks in general, but was, rather, in- Southwick’s opinion for accepting a committee consideration. tended to be a shorthand description of strike which ‘‘on its face appears This is a seat on the Fifth Circuit her perception of the relationship ex- geared toward a racially identifiable that would have been filled long ago isting between the [co-]worker and [a] group.’’ In another case involving jury but for a series of troubling nomina- DHS supervisor.’’ discrimination, Bumphis v. State, 1996, tions. In the last Congress, President In dissent, two judges criticized this three judges criticized Judge Bush nominated Michael Wallace to opinion for presenting a ‘‘sanitized Southwick’s majority opinion for ‘‘es- this seat, the first circuit court nomi- version’’ of the facts and for suggesting tablishing one level of obligation for

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27933 the state, and a higher one for defend- these nominees has been African Amer- the state’s Employee Appeals Board (EAB) of ants on an identical issue.’’ ican. a white state social worker who had been His legal writing also points to a nar- Our Nation’s diversity is one of its fired for calling an African-American co- row view of the role of the Federal greatest strengths, and I am dis- worker ‘‘a good ole nigger.’’ The ruling he joined had declared that, taken in context, courts in upholding protections against appointed that the President has this slur was an insufficient ground to termi- race discrimination. In one article, he missed yet another opportunity to re- nate the white plaintiffs employment in part found ‘‘compelling’’ a statement of a flect this great strength in our Federal because it ‘‘was not motivated out of racial Mississippi Supreme Court Justice that courts. Many of us believe that diver- hatred or racial animosity directed toward a ‘‘the judiciary is not the avenue to ef- sity makes America what it is. It is the particular co-worker or toward blacks in fectuate the removal of the Confed- diversity in our States, our courts, this general.’’ Moreover, the EAB decision upheld erate battle flag from public property.’’ body, and our families that makes us by the Court of Appeals decision trivialized the use of the words ‘‘good ole nigger’’ by I have questions whether he would be stronger. comparing them to the expression ‘‘teacher’s balanced in protecting the rights of When viewed against his record on pet.’’ The Court of Appeals did nothing to employees given the overwhelming the bench, the importance of this seat distance itself from this aspect of the EAB number of cases 160 out of 180 written on the Fifth Circuit, and the troubling decision. decisions—in which he has offered a lack of diversity on that court, I am The reasoning offered by Judge Southwick narrow interpretation of the law to not convinced that he is the right and his colleagues in the majority is nothing favor protecting business and corporate nominee for this vacancy at this time. short of baffling. As two dissenters in the 5– 4 decision rightfully pointed out: ‘‘The word interests at the expense of the rights of I shall vote no on cloture and, if it is ’nigger’ is, and has always been, offensive. workers and consumers. invoked, no on this nomination. Search high and low, you will not find any In one 1999 case, Dubard v. Biloxi, I ask unanimous consent that letters nonoffensive definition for this term. There H.M.A., Judge Southwick authored a of opposition and others be printed in are some words, which by their nature and dissent expressing the virtues of a legal the RECORD. definition are so inherently offensive, that doctrine that would allow employers to There being no objection, the mate- their use establishes the intent to offend.’’ fire employees for any reason, even rial was ordered to be printed in the Fortunately the Supreme Court of Mis- sissippi reversed the decision, stating that RECORD, as follows: though such an analysis was not rel- the EAB should not simply be upheld, but evant in the case before him. LANGROCK SPERRY & WOOL, LLP, rather that the matter should be remanded My concerns about his bias are Middlebury, VT, June 5, 2007. to the EAB for consideration of whether full heightened by a law review article he Hon. PATRICK J. LEAHY, reinstatement was truly justified under the wrote characterizing litigation against Senate Russell Office Building, circumstances or whether some other pen- tobacco companies led by former Mis- Washington, DC. alty short of discharge might be appropriate. DEAR PAT: I understand the nomination of sissippi Attorney General Michael In another case, S.B. v. L.W., Judge South- Leslie Southwick to the 5th Circuit Court of wick joined an opinion that upheld the re- Moore as destabilizing and posing sepa- Appeals is coming up for a vote this Thurs- moval of an eight-year-old girl from the cus- ration of powers concerns. day. The little I know about Judge South- tody of her bisexual mother. In addition to As I said in opposing this nomination wick absolutely frightens me. His attitude joining the majority opinion, he was the lone in committee, this is not a decision I towards lesbian parents is just totally incon- judge to join a colleague’s gratuitously anti- come to lightly. I take seriously the sistent with Vermont philosophy and with gay concurring opinion. The concurrence ar- strong support of Senator COCHRAN and respect for human dignity. I also understand gued the ‘‘choice’’ to engage in homosex- he has been involved in some cases which uality comes with consequences, up to and Senator LOTT whom I respect, and I would indicate insensitivity to African including the consideration of ‘‘the homo- have expressed my concerns directly to Americans. I would certainly hope that your sexual lifestyle’’ as a determining factor in them as well as to the White House. Committee does not approve him. child custody cases. The views expressed in I also take seriously Mr. Southwick’s Sincerely yours, the concurring opinion raise doubts about answers to my questions and to those PETER F. LANGROCK. Judge Southwick’s interest in ruling fairly of others in connection with his hear- in cases that involve the civil rights of gays ing. I was glad to see that he now ac- LEADERSHIP CONFERENCE and lesbians. knowledged the offensiveness of the ra- ON CIVIL RIGHTS, In Dubard v. Biloxi, H.M.A., Judge South- cial epithet used in the Richmond case Washington, DC, October 23, 2007. wick wrote a dissenting opinion in which he DEAR SENATOR: On behalf of the Leadership extolled the virtues of employment-at-will, a and also that human rights law has Conference on Civil Rights (LCCR), the na- doctrine that provides that employers should evolved since 2001 when he joined the tion’s oldest, largest, and most diverse civil be able to fire employees for virtually any decision in the child custody case. and human rights coalition, we write to ex- reason, even though his analysis was not rel- Still, I share the deep disappoint- press our opposition to the confirmation of evant to reaching a decision in the case. He ment of members of the African-Amer- Leslie H. Southwick, a former Mississippi wrote that ‘‘I find that employment at will, ican and civil rights communities that Court of Appeals judge, to the United States for whatever flaws a specific application may this administration continues to re- Court of Appeals for the Fifth Circuit. His cause, is not only the law of Mississippi but nege on a reported commitment to ap- record raises too many questions about his it provides the best balance of the competing commitment to civil and human rights for interests in the normal employment situa- point an African American to the Mis- him to be entrusted with a lifetime appoint- tion. It has often been said about democracy, sissippi Federal bench. ment to the federal judiciary. We urge you to that it does not provide a perfect system of In more than 6 years, President Bush vote no on cloture on the Southwick nomi- government, but just a better one than ev- has failed to do so. He has appointed nation. erything else that has ever been suggested. only 20 African-American judges to the The federal courts of appeal are the courts An equivalent view might be seen as the jus- Federal bench, compared to 52 African- of last resort in most federal cases. More- tification for employment at will.’’ His gra- American judges appointed by Presi- over, the Fifth Circuit has the highest per- tuitous comments raise questions about his dent Clinton in his first 6 years in of- centage of minority residents of all the fed- ability to separate his own views from his eral circuits, making Judge Southwick’s duty to follow the law in labor and employ- fice. record on matters of civil rights particularly ment cases. With an ever-growing number of out- important. Unfortunately, Judge South- Judge Southwick also has a poor record in standing African-American lawyers in wick’s decisions as a state court judge, along cases involving race discrimination in jury Mississippi, the State with the highest with his hearing testimony, indicate that he selection. He has routinely rejected defense percentage of African Americans in the favors the interests of the powerful over the claims that prosecutors struck African- country, it is not as if there is a dearth interests of minorities, working people, and American jurors based on race. At the same of qualified candidates. Nonetheless, others who depend on judges to stand up for time, however, he has usually upheld allega- President Bush has now submitted 10 them. This record warrants the rejection of tions by prosecutors that defendants tried to Judge Southwick’s nomination to the Fifth strike white jurors on the basis of race. One nominees to the Federal bench in Mis- Circuit. of Judge Southwick’s own colleagues, in re- sissippi, seven at the district level and In Richmond v. Mississippi Dep’t of Human sponse, accused him of ‘‘establishing one three to the United States Court of Ap- Services, Judge Southwick joined a 5–4 rul- level of obligation for the State, and a higher peals for the Fifth Circuit, and none of ing upholding the full reinstatement order of one for defendants on an identical issue.’’

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His record also shows a troubling tend- regarding a biological mother’s right to re- NATIONAL ASSOCIATION FOR THE AD- ency, in state employment law and tort tain custody of her child. The opinion even VANCEMENT OF COLORED PEOPLE cases, to favor business and insurance inter- goes so far as to cite the state’s sodomy law MISSISSIPPI STATE CONFERENCE, ests over injured parties. He did so in 160 out (subsequently invalidated by the Supreme Jackson, MS, May 9, 2007. of 180 such published cases in . which at least Court’s decision in Lawrence v. Texas). Hon. PATRICK LEAHY, one judge dissented, giving him an 89 percent Dirksen Senate Office Building, Perhaps most troublingly, the concurrence pro-business voting record. Washington, DC. states that even if the mother’s sexual acts When asked by Senator Durbin (D- IL) dur- Hon. ARLEN SPECTER, are her choice, she must accept the fact that ing live questioning at his hearing if he Dirksen Senate Office Building, could think of one example of an unpopular losing her child is a possible consequence of Washington, DC. that ‘‘choice.’’ This statement underscores decision he made in favor of the powerless, DEAR CHAIRMAN LEAHY AND RANKING MEM- Judge Southwick’s disregard for commonly the poor, minorities, or the dispossessed, BER SPECTER: The Mississippi State Con- Judge Southwick responded that he could accepted psychiatric and social science con- ference of the NAACP is strongly opposed to not. In response to a follow-up written ques- clusions. The American Psychological Asso- the nomination of Leslie Southwick to the tion posed by Senator Durbin, Judge South- ciation (APA) has made clear that sexual Fifth Circuit Court of Appeals. wick indicated that he could not find a sin- orientation is not a choice. The APA, along As you are well aware, previous nomina- gle nonunanimous case, of the more than with every other credible psychological and tions to this particular seat on the Fifth Cir- 7000 opinions that he wrote or joined, in child welfare group, has also concluded that cuit have raised serious civil rights prob- which he voted in favor of a civil rights lesbian and gay people are equally successful lems. In reviewing this history, we cannot plaintiff or wrote a dissent on behalf of a parents as their heterosexual counterparts. help but conclude that this Administration plaintiff. This disregard for widely accepted social is determined to place a person hostile to Given the tremendous impact that federal science conclusions has ramifications not civil rights in the Mississippi seat on the judges have on civil rights and liberties, and only for cases involving gay and lesbian peo- Fifth Circuit. Judge Charles Pickering was because of the lifetime nature of federal ple, but also in any case where respect for nominated in 2001. The Senate refused to judgeships, no judge should be confirmed un- science comes into play—whether this in- confirm him, largely based on his civil rights less he or she demonstrates a solid commit- volves reproductive choice, people with dis- record. President Bush then nominated Mi- ment to protecting the rights of all Ameri- abilities, environmental studies, to name a chael Wallace to the same seat. The Amer- cans. Because Judge Southwick has failed to few. ican Bar Association found Mr. Wallace to be meet this burden, we urge senators to vote No parent should face the loss of a child ‘‘unqualified,’’ due to his judicial tempera- no on cloture on the nomination. ment regarding civil rights issues. Wallace simply because of who they are. If he be- Thank you for your consideration. If you withdrew his nomination at the end of 2006. lieves that losing a child is an acceptable have any questions, please contact Nancy Now, President Bush has named yet a third ‘‘consequence’’ of being gay, Judge South- Zirkin, Vice President and Director of Public nominee with a troubling civil rights record. wick cannot be given the responsibility to Policy, at 202–263–2880, or Paul Edenfield, We note that the Southwick nomination protect the basic rights of gay and lesbian Counsel and Policy Analyst, at 202–263–2852. does nothing to ameliorate the egregious Sincerely, Americans. problem with the lack of diversity on Mis- WADE HENDERSON, When questioned before this Committee sissippi’s federal bench. Mississippi has the President & CEO. about why he joined this offensive concur- highest African-American population of any NANCY ZIRKIN, rence, Southwick gave the unsatisfactory re- state (36%). Yet there has never been an Af- Vice President, Direc- sponse that he did not write it. He further rican American appointed to represent Mis- tor of Public Policy. stated that the concurrence reflected Mis- sissippi on the Fifth Circuit. African-Amer- sissippi’s public policy, but did not indicate ican representation on the federal district HUMAN RIGHTS CAMPAIGN, why he joined the concurrence that his col- court in Mississippi has been limited to one Washington, DC, May 23, 2007. leagues deemed unnecessary. He did not dis- judge, Judge Henry Wingate, appointed over DEAR MEMBERS OF THE COMMITTEE ON THE tance himself from the concurrence or the twenty years ago. In his two terms, Presi- JUDICIARY: I am writing on behalf of the language that it contains. dent Bush has made ten nominations to the Human Rights Campaign and our 700,000 federal bench in Mississippi—district and ap- members and supporters to oppose the nomi- In his written responses to questions about pellate. None were African American. This is nation of Leslie Southwick to the United this case and about the rights of gay and les- extremely disturbing to many Mississip- States Court of Appeals for the Fifth Circuit. bian Americans, Southwick did not provide pians, who believe the State should be fairly As a Mississippi Judge, Southwick dem- adequate reassurance that his position has represented on the federal bench. onstrated a serious lack of understanding of changed or that his understanding has The civil rights record of Judge Southwick gay people and families. His statements dur- evolved. Although he repeatedly indicated on the Mississippi Court of Appeals gives us ing his hearing before this Committee and that Lawrence v. Texas is now controlling great pause. We are deeply troubled by his his written responses to your questions do precedent, having overruled Bowers v. Hard- rulings on race discrimination in the areas of not satisfy us that his positions have evolved wick, this is an insufficient answer. Although employment and jury selection. nor that he would fairly judge cases involv- we are hopeful that Lawrence will bring Judge Southwick participated in a truly ing the rights of gay, lesbian, bisexual, and about greater equality for GLBT Americans, stunning decision, Richmond v. Mississippi transgender (‘‘GLBT’’) Americans. Southwick’s promise to adhere to that prece- Dep’t of Human Services. He joined a ruling During his tenure on the Mississippi Court dent does not address the question of wheth- that a Mississippi state agency could not ter- of Appeals, Judge Southwick (now in private er he believes that gay people should have minate an employee for using the word ‘‘nig- practice) participated in a custody case in- the same parenting rights as others. ger’’ toward an African-American coworker. volving a lesbian mother. The majority deci- The United States Court of Appeals for the At a business conference, the white employee sion, which Southwick joined, took an eight- Fifth Circuit has historically paved the way had called the black employee ‘‘a good ole year-old child from the mother, citing in for civil rights advances. We believe that nigger,’’ and then used the same term toward part that the mother had a ‘‘lesbian home.’’ Judge Southwick’s nomination is incon- the employee the next day at the office. The The opinion further denigrates what it calls state agency fired the white employee. But a sistent with this important legacy, and the ‘‘homosexual lifestyle’’ and the ‘‘lesbian hearing officer reinstated the employee, would turn back the tide of progress by de- lifestyle.’’ finding that calling the employee ‘‘a good nying equal protections to GLBT Americans. More disturbingly, Judge Southwick joined ole nigger’’ was equivalent to calling her a concurrence written by Judge Payne—com- We therefore oppose his nomination and re- ‘‘teacher’s pet.’’ Southwick upheld the rein- pletely unnecessary to effectuate the re- quest that you vote against his confirma- statement. sult—that emphasized Mississippi’s public tion. Only a judge who has demonstrated The opinion endorsed by Southwick makes policy against lesbian and gay parents (using that he can be a fair and impartial judge for outrageous conclusions about the use of the only the term ‘‘homosexuals’’). Judge South- all Americans, regardless of their sexual ori- term ‘‘nigger’’ in the workplace. The opinion wick was the only judge in the majority to entation, is entitled to confirmation on this states: ‘‘[The white employee] presented join Judge Payne’s concurrence, which is rife important court. For more information, proof that her remark, though undoubtedly with misconceptions and biases. please contact Senior Public Policy Advo- ill-advised and indicative of a rather remark- The concurrence does not even refer to gay cate David Stacy at [email protected], or able insensitivity on her part, was not moti- individuals, but rather focuses on ‘‘the prac- Legal Director Lara Schwartz at vated out of racial hatred or racial animos- tice of homosexuality.’’ It then cites Mis- [email protected]. ity directed toward a particular co-worker or sissippi’s law prohibiting same-sex couples Sincerely, toward blacks in general.’’ Astonishingly, from adopting children—even though this ALLISON HERWITT, the court credited the white employee’s tes- was not an adoption case, but rather a case Legislative Director. timony that her remark was intended to be

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27935 ‘‘a shorthand description’’ of the relation- refers to many other areas of equally deep laude from Rice University and a J.D. ship between an employee and a supervisor. concern to us because they involved average from the University of Texas law Two of Southwick’s colleagues strongly Mississippi residents who typify the Black, school in 1975. dissented. They stated that it ‘‘strains cre- Hispanic, and white residents of the Circuit. He was a law clerk for Judge John dulity’’ to compare calling the employee ‘‘a Mr. Southwick’s record provides nothing Onion, Jr., of the Texas Court of Crimi- good ole nigger’’ with ‘‘teacher’s pet.’’ The less than a case study of a judge with a dissent wrote: ‘‘The word ‘nigger’ is, and has closed mind and fixed far-right views. In no nal Appeals. He was a law clerk for always been offensive. . . . There are some area of law have we been able to find deci- Judge Charles Clark of the Fifth Cir- words, which by their nature and definition sions that did not seem to be entirely pre- cuit Court of Appeals. He practiced law are so inherently offensive, that their use es- dicted by an ideological predisposition. We from 1977 through 1989. He was a Dep- tablishes the intent to offend. . . . The char- believe that the committee should be im- uty Assistant Attorney General for the acter of these terms is so inherently offen- pressed by the frequency with which U.S. Department of Justice, Civil Divi- sive that it is not altered by the use of modi- Southwick’s opinions and concurrences have sion, from 1989 to 1993. He has been a fiers such as ‘good ole.’ . . . [The rulings] been overruled. Our investigation of 10 years judge on the Mississippi Court of Ap- seem to suggest that absent evidence of a of Southwick decisions reveals a one-sided peals, which is an intermediate court, near race riot, the remark is too incon- animus against workers and consumers, in sequential to serve as a basis for dismissal. particular, with rulings almost always favor- for some 12 years. Such a view requires a level of myopia incon- ing business and insurance interests and al- Judge Southwick has participated in sistent with the facts and reason.’’ Indeed, most never for working people and con- about 6,000 cases and has personally au- the Mississippi Supreme Court unanimously sumers. thored some 985 opinions. reserved the ruling joined by Southwick to Our Caucus is most concerned about Mr. In a very remarkable move, when uphold the reinstatement of the white em- Southwick’s ability to afford equal justice Judge Southwick was 53 years old—he ployee. under law in the Circuit where racial dis- had been in the Army Reserve since he Additionally, we are disturbed by Judge crimination has always been most pro- was 42, when he obtained an age waiver Southwick’s rulings on race discrimination nounced. The Southwick decisions show a re- in order to join the Army Reserve—and in jury selection. Dozens of such cases reveal markable predisposition to rule for whites in the year 2003, when he was 53 years a pattern by which Southwick rejects claims alleging improper use of peremptory chal- that the prosecution was racially motivated lenges and against Blacks who make similar old, he volunteered to transfer to a line in striking African-American jurors while allegations regarding peremptory challenges. combat unit. He was deployed to Iraq, upholding claims that the defense struck Nothing could be more disturbing today, serving as a staff judge advocate in for- white jurors on the basis of their race. In considering that Congress has allowed ra- ward operating bases near Najaf. Bumphis v. State, an appellate colleague ac- cially unfair mandatory minimums and sen- Major General Harold Cross, Judge cused Southwick of ‘‘establishing one level tencing guidelines to remain in tact, vir- Southwick’s commanding officer, said: of obligation for the State, and a higher one tually destroying a generation of African This was a courageous move; as it was for defendants on an identical issue.’’ American men. Rep. BENNIE THOMPSON’s Mis- widely known at the time that the 155th was Finally, on issues affecting workers, con- sissippi constituents were profoundly and nearly certain to mobilize for overseas duty sumers and personal injury victims, Judge negatively injured during Southwick’s ten- in the near future. Southwick rules overwhelmingly in favor of ure in virtually every area of state law. We Judge Southwick was voted out of employers and corporations. We question his ask that you avoid elevating Leslie South- the Judiciary Committee on August 2 ability to be a fair and impartial decision- wick to the U.S. Court of Appeals for the maker in these cases as well. Mississippians Fifth Circuit, where he is likely to do the of this year on a bipartisan basis with need to be confident that they will receive same harm to residents of three states— a favorable recommendation. equal justice before the federal courts. Texas, Louisiana, as well as Mississippi. Judge Southwick’s critics have Respectfully yours, We want to be clear that the Congressional pointed to only two cases—where he DERRICK JOHNSON, Black Caucus could not be more troubled by was in a concurrence and did not write President. the transformation of the Fifth Circuit by the opinions. One case involved the judges that make it difficult to believe in issue of the punishment for someone in CONGRESSIONAL BLACK CAUCUS, the fairness, balance and openness of the ju- Civil Service who used a very deroga- Washington, DC, June 6, 2007. diciary. Five members of the CBC represent tory racial term. When that case was Hon. PATRICK J. LEAHY, constituents in this circuit, the largest num- Russell Senate Office Building, ber members in anyone circuit. The Fifth reviewed, it was decided that since the Washington, DC. Circuit presides over the largest percentage individual had made only an isolated Hon. ARLEN SPECTER, of minority residents (44 percent) of any cir- remark, and immediately apologized, Hart Senate Office Building, cuit and Mississippi has the highest African- that it would be excessive to fire that Washington, DC. American population (36 percent) of any person but that the penalty should be DEAR MR. LEAHY AND MR. SPECTER: We state in the country. We therefore would something less. That case was reviewed write to be clear concerning the strong oppo- take very seriously the reach to place yet by the Mississippi Court of Appeals on sition of the Congressional Black Caucus to another farright judge with offensive racial a very constricted standard as to moving Leslie Southwick, formerly of the views on the Fifth Circuit so late in Presi- whether the finding was arbitrary and Mississippi Court of Appeals, through com- dent Bush’s last term. We ask that you re- mittee for the Fifth Circuit Court of Ap- ject Leslie Southwick. capricious—which is a very high stand- peals. We are enclosing the press release that Sincerely, ard—and that applicable standard de- the Caucus issued just before Memorial Day CAROLYN C. KILPATRICK, termined that firing was excessive. recess asking that Leslie Southwick not be Chairperson, Congres- The case then went to the Supreme listed for a vote in committee. We under- sional Black Caucus. Court of Mississippi, and it agreed with stand that, nevertheless, Mr. Southwick may BENNIE THOMPSON, the appellate court’s conclusion that have a vote in committee on Thursday, June CBC Member—Mis- the dismissal was unwarranted. In this 7, 2007. We are astonished that the com- sissippi. case they said: mittee would seriously consider this nomi- Mr. LEAHY. I retain the remainder [w]e find that the harsh penalty of dis- nee on a circuit that hears cases affecting of my time. more Blacks and Hispanics than any circuit missal . . . from her employment is not war- in the country. Mr. Southwick’s long record, The PRESIDING OFFICER. The Sen- ranted under the circumstances. revealing inexcusably insensitive and hostile ator from Pennsylvania. Now, I emphasize that in both of views on race and on other issues that have Mr. SPECTER. Mr. President, I urge these cases, Judge Southwick did not directly harmed people of color, should spell my colleagues to vote to cut off de- write the opinions but only concurred the end of his consideration for the Fifth Cir- bate—that is, to invoke cloture—on the in the result. While some might say it cuit. pending nomination of Judge Leslie H. would have been preferable to take a The enclosed release mentions the most Southwick for the U.S. Court of Ap- different position, in the context of de- obvious and overt racial example, involving peals for the Fifth Circuit and then to Mr. Southwick’s concurrence in Richmond v. ciding some 6,000 cases and having Mississippi Department of Human Services, vote to confirm him. written some 985 opinions, that is very 1998 Miss. App. LEXIS 637 (Miss. Ct. App. Judge Southwick comes to this nomi- little to pick at. 1998), allowing the use of a racial slur that nation with an outstanding record. He The second case was a matter where was unanimously overruled, but importantly received his bachelor’s degree cum the issue of custody came up. After an

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27936 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 extensive hearing, the trial judge In United Methodist Senior Services was injured when her disabled son fell as she awarded custody to the father, and v. Ice, Judge Southwick affirmed the tried to help him exit the restaurant. there was a reference to the fact that award of workers’ compensation bene- Mr. SPECTER. Judge Southwick has the mother was a lesbian. Here again, fits to a woman who hurt her back voted in favor of criminal defendants the references in the opinion—again, while working as a certified nursing as- on numerous occasions, often in dis- not written by Judge Southwick— sistant, despite her first employer’s sent. I cite a series of cases: Jones v. might have been somewhat more sen- claim that she exacerbated the injury State, Parker v. State, Mills v. State, sitive. In the overall context, it is during her subsequent employment. and Harris v. State, and ask unanimous hardly the basis for denying confirma- In Kitchens v. Jerry Vowell Logging, consent that a description of these tion to Judge Southwick. Judge Southwick reversed the Work- cases be printed in the RECORD. I met with Judge Southwick at ers’ Compensation Commission’s deci- There being no objection, the mate- length, had a long talk with him about sion that a truck driver from a logging rial was ordered to be printed in the his approach to the judiciary, about his company did not suffer a permanent RECORD, as follows: legal background. He is a very mild- loss of wage earning capacity and re- In Jones v. State (a 5–5 decision), Judge mannered, very temperate man, who on manded the case for further consider- Southwick dissented, arguing for reversing a the credentials, in black and white, has ation. conviction because the indictment did not an outstanding record and in person In McCarty Farms, Inc. v. Caprice provide the defendant with sufficient clarity and specificity to know with certainty what was very impressive. Banks, Judge Southwick concurred crime was being charged. It is worth noting that a number of with an opinion affirming the Workers’ In Parker v. State (a 6–4 decision), Judge former African-American clerks have Compensation Commission’s award of Southwick dissented (in an opinion joined by spoken out in solid support of Judge permanent partial disability benefits some of his Democratic brethren), arguing Southwick. for a woman who experienced a 70-per- that a murder conviction should be reversed La’Verne Edney, a distinguished Af- cent industrial disability to her right because the trial judge failed to give a prop- rican-American woman who is a part- arm and a 30-percent loss to her left. er jury instruction. In Mills v. State (a 6–3 decision), Judge ner at a prominent Jackson, MS, law Indeed, contrary to some sugges- Southwick dissented from the majority opin- firm and a member of the Magnolia Bar tions, Judge Southwick has spoken out ion affirming a drug conviction on the Association, the Mississippi Women in dissent in favor of workers’ rights. grounds that the court should not have ad- Lawyers’ Association, and a member of In Total Transportation Inc. v. mitted a statement by the defendant’s four- the Mississippi Task Force for Gender Shores, Judge Southwick joined with year-old son, and the state failed to disclose Fairness, stated this: three other dissenters in a 6-to-4 deci- a piece of evidence against the defendant that it had in its possession. When I finished law school . . . I believed sion, which would have upheld an In Harris v. State (a 5–4 decision), Judge that my chances for landing a clerkship were award of workers’ compensation bene- Southwick dissented from the majority opin- slim because there was only one African- fits for a truck driver’s widow, while ion affirming a DUI conviction on the American Court of Appeals judge on the the majority ruled in favor of the em- grounds that the trial court erroneously al- bench at the time and there were very few ployer. lowed the state to avoid proving all the ele- Caucasian judges during the history of the In Burleson v. Hancock County Sher- ments charged in the indictment. Mississippi Supreme Court or the Court of Appeals . . . who had ever hired African- iff’s Department—a 6-to-3 decision— Mr. SPECTER. Further, Judge American law clerks. . . .While Judge South- Judge Southwick wrote a dissent in Southwick has voted in favor of the so- wick had many applicants to choose from, he which he argued that a public em- called underdogs. The suggestion that saw that I was qualified for the position and ployee was improperly terminated he is biased against women and homo- granted me the opportunity. without sufficient due process under sexuals is contradicted by a number of As a clerk, Ms. Edney observed: the U.S. Constitution, while the major- cases: Curtis v. Curtis, Kmart Corp. v. It did not matter the parties’ affiliation, ity ruled in favor of the employer. Lee, Hughey v. State of Mississippi. color or stature—what mattered was what Judge Southwick has ruled in favor Again, I ask unanimous consent that a the law said and Judge Southwick worked of tort victims and against businesses description of these cases be printed in very hard to apply it fairly. in many cases. Illustrative are the RECORD. Patrick Beasley, a practicing attor- Ducksworth v. Wal-Mart Stores, There being no objection, the mate- ney in Jackson, MS, who also is Afri- Breland v. Gulfside Casino Partnership, rial was ordered to be printed in the can American, endorsed Judge South- Martin v. BP Exploration & Oil, and RECORD, as follows: wick for his quality of being fair to mi- Wilkins v. Bloodsaw. In Curtis v. Curtis, Judge Southwick wrote norities. Mr. Beasley wrote: Mr. President, I ask unanimous con- for a divided court and upheld the trial I speak from personal experience that Les- sent that a description of these cases court’s grant of divorce in favor of the wife lie Southwick is a good man who has been be printed in the RECORD. on the grounds of adultery. The dissent kind to me for no ulterior reason. I am not There being no objection, the mate- would have reversed and remanded. from an affluent family and have no political rial was ordered to be printed in the In Kmart Corp. v. Lee, Judge Southwick wrote an opinion upholding the lower court’s ties. While I graduated in the top third of my RECORD, as follows: law school class, there were many individ- decision to award $500,000 to a woman who In Ducksworth v. Wal-Mart Stores, Judge uals in my class with higher grade point slipped on antifreeze in a Kmart. Judge Southwick joined his colleagues in reversing averages and with family ‘‘pedigrees’’ to Southwick sympathized with the woman, the trial court’s directed verdict against a match. Yet, despite all of the typical re- stating: ‘‘Before the fall, Lee was a hard customer who had slipped on an unknown quirements for the clerkship that I lacked, working, independent woman who was able substance at a Wal-Mart. Judge Southwick gave me an opportunity. to take care of many problems at the apart- In Breland v. Gulfside Casino Partnership, Despite [those who criticize him], Judge ment complex she managed herself.... now Judge Southwick joined an opinion for the Southwick is a fair man and this is one of she is unable to work a full day . . .’’ court that reversed summary judgment for a In Hughey v. State of Mississippi, Judge the qualities that makes him an excellent casino in a slip and fall action brought by a Southwick affirmed the trial court’s decision choice for the Fifth Circuit. . . . patron who had suffered multiple injuries to disallow cross-examination as to the vic- Judge Southwick has ruled numerous falling down the casino’s staircase. tim’s sexual preference. He recognized that times in favor of workers, the so-called In Martin v. BP Exploration & Oil, Judge whether the victim was homosexual was not little guy. Southwick joined his colleagues in reversing relevant to the defense and that such a line For example, in Sherwin Williams v. summary judgment against a plaintiff who of inquiry would produce undue prejudice. Brown, Judge Southwick held that a injured her ankle upon exiting a gas sta- Mr. SPECTER. That is a very short 45-year-old carpet layer was perma- tion’s restroom on an allegedly poorly con- statement of the qualifications of structed access ramp. nently and totally industrially disabled In Wilkins v. Bloodsaw, Judge Southwick Judge Southwick. I believe if Judge due to an onsite injury and that the joined an opinion for the court that reversed Southwick were under consideration carpet layer made reasonable efforts to a grant of summary judgment in favor of a for any circuit court of appeals except obtain other employment. Pizza Hut, which was sued by a mother who for the Fifth Circuit—which has had a

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27937 history of difficulties in obtaining con- Mr. SPECTER. I think that would be cases he ruled on, the opinions he firmation and has had an overtone of acceptable, if it is OK with the Senator joined, and the opinions he wrote. So concern about civil rights—if he were from California. let me talk about the two opinions up for any other circuit, there would be Mrs. FEINSTEIN. That is fine. Senator SPECTER raises, because I no hesitancy. Mr. SPECTER. Mr. President, I ask think they are important opinions in This man ought to be judged on the consent that Senator CARDIN be recog- order to get some insight as to this basis of his own record and his own nized now and then Senator FEINSTEIN judge’s passion for the Constitution. qualifications. But he has dem- be recognized next, and if others ap- The 1998 case of Richmond v. Mis- onstrated fairness and an appreciation pear, it is appropriate, as Senator sissippi Department of Human Services for the rule of law and for equality re- CARDIN suggested, that we alternate. was an important case. It was very of- gardless of race, color, creed and re- The PRESIDING OFFICER. The Sen- fensive to not just the minority com- gardless of standing and has been will- ator from Maryland. munity but the entire community. The ing to stand up for plaintiffs in tort Mr. CARDIN. I thank Senator SPEC- racial term that was used should never cases and defendants in criminal cases TER for the courtesy. I notice Senator be used, as Senator LEAHY said, in the and, as stated earlier, women and those LEAHY is not on the floor, and I appre- workplace or anyplace else. The dissent of a different choice of sexual orienta- ciate my colleague from Pennsylvania of that opinion, of that decision, got it tion, so that on the record he is deserv- organizing the debate on the floor. right, where it said that the racial epi- ing of confirmation. I appreciate that. thet is inherently offensive and its use It is my hope he will be judged as an This is a unique body, the Senate of establishes the intent to offend. Unfor- individual. That is the American way. the United States. One of our most im- tunately, that was the minority opin- By that standard, he certainly would portant responsibilities is the advice ion in that court. On appeal it was be confirmed. and consent on Presidential appoint- overturned, but Judge Southwick Mr. President, how much time did I ments on the confirmation of Federal joined the majority. The rationale in consume in my speech? judges. The Constitution envisions that the majority opinion I think is impor- The PRESIDING OFFICER. The Sen- we will use independent judgment in tant, because it speaks to what Judge ator has consumed 14 minutes. order to make these decisions. Article Southwick used to reach his conclu- Mr. SPECTER. I thank the Chair. III, section 2, clause 2 of the Constitu- sions. In that opinion he said the ab- I now yield 20 minutes to the distin- tion gives us the power to confirm Fed- sence of evidence of a near race riot, guished Senator from California and eral judges. the remark is too inconsequential to then 10 minutes to the Senator from I know all of my colleagues know serve as a basis of dismissal. I find that very offensive. I think we Mississippi, Mr. LOTT. And if Senator— these are lifetime appointments, so Mr. CARDIN. Mr. President, there this is our one chance in order to do have to be held accountable to are still some requests on our side for evaluate those who will serve as Fed- where we allow our name to be added. time. I would hope we would have a eral judges. We are talking about the Fortunately, as I said, that was cor- chance— U.S. Court of Appeals. For most Fed- rected, but it took an appellate court Mr. SPECTER. Mr. President, I ask eral cases, this will be the final deci- to do that. In 2001, we have S.B. v. L.W. where a Senator CARDIN, how much time would sion on a case that is brought in the 12-year-old child is taken away from the Senator like? Federal court. Very few in percentages her mother. It was done because she Mr. CARDIN. Mr. President, I will be of the cases reach the Supreme Court was a lesbian. The language in the speaking for about 10 minutes. of the United States. So the Court of opinion is very offensive. It talks about Mr. SPECTER. Mr. President, 10 min- Appeals is responsible for much of our a homosexual lifestyle, words that I utes to Senator CARDIN. And if Senator laws in this country as far as the final think we all know bring out bigotry in COCHRAN desires time: unlimited time, judicial determination. our society. But Judge Southwick went if he so desires. When I sought to become a Member further in that case. He joined a con- Mr. COCHRAN. Five minutes. of this body, I went over with the peo- curring opinion that said your sexual Mr. SPECTER. Mr. President, Sen- ple of Maryland the standards I would orientation is a matter of choice and use in trying to decide whether to vote ator COCHRAN asks for 5 minutes. any adult may choose any activity in to confirm a judge. I talked about judi- I thank the Chair and yield the floor. which to engage. That person is not cial temperament and experience, but I Mr. CARDIN. Mr. President, par- thereby relieved of the consequences of liamentary inquiry: I was under the also talked about a standard that I his or her choice. impression that time was divided be- think is very important, which is a No wonder Judge Southwick is being tween the proponents and opponents. judge’s or potential judge’s passion for challenged by many respected national The PRESIDING OFFICER. The Sen- the Constitution of this country in groups. Upon questioning within our ator is correct. order to protect every individual. I committee on confirmation, I didn’t Mr. SPECTER. Mr. President, may I think it is important that we take a get a sense that there was a retraction inquire if Senator CARDIN is speaking look at that, particularly when we talk by Judge Southwick of these decisions. in opposition? about an individual who will serve on He stuck by the decisions. Mr. CARDIN. Mr. President, I will be the U.S. Court of Appeals. At the confirmation hearing, Senator speaking in opposition to the nomina- I have sat in the confirmation hear- DURBIN asked him a pretty simple tion. ings. I am a member of the Judiciary question. He asked him a question Mr. SPECTER. Mr. President, I think Committee. I had a chance to listen to about whether during his life or career, Senator CARDIN needs his time from Judge Southwick. I had a chance to lis- he ever took an unpopular point of Senator LEAHY, but I am sure there ten to the questions that were posed view on behalf of those who were pow- would be no difficulty in having 5 min- back and forth. I must tell my col- erless or vulnerable and needed some- utes. leagues I cannot support this confirma- one to stand up for their rights when it Mr. CARDIN. I understand that. I tion. I will vote against it, and I would was not a popular position. That, to wonder if we would follow the normal like to give the reasons why. me, is a softball question: When did practice of allowing those in opposition Senator SPECTER talked about some you stand up for someone else’s rights? to be able to speak in regular order of the opinions that Judge Southwick Judge Southwick couldn’t think of a rather than having to wait for the participated in or some of his rulings, single example throughout his entire time. and I think that is what we should be career. Mr. SPECTER. I ask the Senator, do looking at. For Judge Southwick, we So there is no wonder that there is you want to speak now? do have an idea about his passion for concern about whether this potential Mr. CARDIN. Yes, I would prefer to the Constitution and what his prior- judge on the court of appeals will pro- have an opportunity to speak. ities will be by looking at the type of tect all of our rights as the cases come

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27938 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 before him and why there is so much lifetime positions, each candidate for such ployee who was fired for calling an African concern about his confirmation. an appointment must he closely scrutinized. American co-worker a ‘‘good ole nigger’’, But I want to go on to another issue Judge Southwick’s pattern of approving pre- finding that this was not an offensive term. that Senator LEAHY raised, and that is emptory challenges that exclude Blacks In another case, Mr. Southwick went out of the issue of diversity. Diversity is very from juries while approving challenges when his way to go beyond the majority decision whites allege discrimination from such chal- against a lesbian mother, in a concurrence important. We expect all of our citizens lenges is particularly troubling; so to is the that was not only gratuitous but gratu- will live according to the rule of law decision Judge Southwick joined in the case itously anti-gay. and will have confidence that the laws Richmond v. Mississippi Department of While the current President has tried to we make and the Court’s rulings on Human Services which would have reinstated fill this seat on the Fifth Circuit with other those laws will be fair to all commu- a white woman who used the phrase ‘‘good appointees equally out of the mainstream, nities, so they have a right to expect ole nigger’’ about an African American co- this is the first nomination since the Demo- that there will be equal access to par- worker. cratic Party has regained its Congressional ticipation in all branches of Govern- The Senate Judiciary is constitutionally majority. Now is the time to deliver a strong ment. Looking at the record in the tasked with the responsibility of approving message that Democrats will protect the nominations by the President following fair American people, the Constitution and the Fifth Circuit, there is reason for con- deliberations. In that regard, the Bourne Bar judiciary from the prospect of even more ex- cern. The Fifth Circuit is Mississippi, Association is confident that its opposition tremist right wing judges who will continue Louisiana, and Texas—the highest per- outlined above will be duly noted. to undermine the judiciary’s crucial role in centage of minority population in the Thank you for your attention. preserving our bedrock constitutional pro- country of any circuit outside of the Sincerely, tections. District of Columbia—44 percent mi- ABIGALE BRUCE-WATSON, We at JALSA urge you not only to reject nority. Of the 10 nominees President President. this nomination but to do so in a way that Bush has submitted to the Federal makes clear that the Senate will protect the NATIONAL ORGANIZATION FOR WOMEN, independence of the judiciary, and will no bench from Mississippi and the Fifth Washington, DC, June 6, 2007. longer allow this administration to pack the Circuit—10—none have been African Senator PATRICK J. LEAHY, courts in order to legislate an extremist American. Mississippi has the largest U.S. Senate, agenda of bigotry and hatred. percentage of African Americans of any Washington, DC. Yours truly, State in the Nation: 36 percent. Of the DEAR SENATOR LEAHY: The National Orga- ANDREW FISCHER, 19 Federal judges on the Fifth Circuit, nization for Women strongly opposes the Chair, Judicial Nominations Committee. only one is African American. These nomination of Leslie Southwick to the U.S. Court of Appeals for the Fifth Circuit. We are important issues to the people of LEGAL MOMENTUM, urge you to oppose this nomination both in Washington, DC, June 7, 2007. that circuit and to the people of this the Judiciary Committee and on the floor of Hon. PATRICK LEAHY, country. the Senate. Chairman, Senate Judiciary Committee, So there are many organizations that Judge Southwick has a disturbing record Washington, DC. are opposing Judge Southwick’s nomi- and an appalling lack of sensitivity on wom- Hon. ARLEN SPECTOR, nation. I ask unanimous consent that en’s rights, racial justice, and discrimination Ranking Member, Senate Judiciary Committee, the letters of opposition and concern based on sexual orientation. He dem- Washington, DC. from the J. Franklin Bourne Bar Asso- onstrates the usual Bush nominee bias to- CHAIRMAN LEAHY AND RANKING MEMBER ciation and the National Organization ward big business and against consumers and SPECTER: On behalf of Legal Momentum, the individuals. for Women, the Legal Momentum, and nation’s oldest advocacy organization that In the 2006 election, the voters clearly re- works to define and defend the rights of the Jewish Alliance for Law and Social jected right wing extremism. The National women and girls, I urge you to oppose the Action be printed in the RECORD. Organization for Women expects that those nomination of Judge Leslie Southwick to the There being no objection, the mate- Senators who were elected by the votes of US Court of Appeals for the 5th Circuit. rial was ordered to be printed in the women will take their ‘‘advise and consent’’ While much of Judge Southwick’s record re- RECORD, as follows: role seriously and not put our rights in jeop- mains unknown due to lack of publishing ardy by confirming such an individual to one J. FRANKLYN BOURNE and incomplete Committee records, what has of the highest courts in the land. BAR ASSOCIATION, INC., been revealed is disheartening for those who As we have learned from many past judi- Upper Marlboro, MD, June 7, 2007. look to the federal courts to uphold and en- cial battles, a ‘‘yes’’ vote in committee Re: Nomination of Leslie Southwick. force laws barring discrimination on the which allows a nomination to reach the floor Hon. PATRICK LEAHY, basis of race, sex, national origin and reli- of the Senate is tantamount to a vote for Chairman, Committee on the Judiciary, U.S. gion. confirmation regardless of a subsequent Senate, Washington, DC. Historically, the 5th Circuit Court of Ap- ‘‘no’’ vote on the floor. We urge you to stand DEAR SENATOR LEAHY: The J. Franklyn peals has served as a bulwark for the protec- Bourne Bar Association, Inc. opposes the firm and to vote to stop this nomination in tion of civil rights. However, Judge South- nomination of Leslie Southwick to the its tracks—in the Judiciary committee. wick displays a continued absence of dedica- United States Court of Appeals for the Fifth Sincerely, tion to upholding certain essential civil Circuit. KIM GANDY, rights protections. In the case of Richmond v. Established in 1977, the Bourne Bar was NOW President. Mississippi Department of Human Services, 1998 formed to advance the status of African- Miss. App. LEXIS 637 (Miss. Ct. App. 1998), American attorneys who work and/or live in JEWISH ALLIANCE FOR LAW AND reversed, 745 So. 2d 254 (Miss. 1999), Judge Montgomery and Prince George’s Counties, SOCIAL ACTION Southwick joined a 5–4 ruling upholding the Maryland. The organization is named in Boston, MA, June 8, 2007. reinstatement of a white state social worker, honor of the Honorable J. Franklyn Bourne, Re Maintaining an Independent Judiciary Bonnie Richmond, who had been fired for re- the first African-American District Court Hon. PATRICK LEAHY, ferring to an African American co-worker as judge in Prince George’s County. The Bar U.S. Senate, ‘‘a good ole n*****’’ at an employment-re- Association’s mission includes assisting in Washington, DC. lated conference. The Mississippi Supreme the development of African-American com- DEAR SENATOR LEAHY: As an organization Court unanimously reversed this ruling. munities through the vehicle of law, edu- devoted to upholding constitutional protec- Similarly, Judge Southwick’s rulings on race cating the general public about legal issues tions against racial and religious discrimina- discrimination in jury selection give us of concern to all, and insuring the continu- tion, we write to urge that you and your col- pause. A review of his decisions reveals a dis- ation of African-Americans in the legal pro- leagues on the Judiciary Committee and in turbing pattern in which Judge Southwick fession. It is in the spirit of our mission that the Senate oppose the appointment to the routinely rejects defense claims regarding we register our opposition to the Leslie Fifth Circuit Court of Appeals of Leslie racially motivated prosecutors who strike Southwick’s nomination. Southwick. African-American jurors but upholds claims A representative democracy is a must in a Judge Southwick has demonstrated his dis- of prosecutors that defense attorneys are free society, and as such the residents of the dain for equal rights and equal protection striking white jurors on the basis of their state of Mississippi, Texas and Louisiana are under the law. While on the Mississippi State race. The 5th Circuit, which includes Lou- deserving of a federal judiciary that reflects Court of Appeals, he joined a decision that isiana, Mississippi and Texas, has the high- the composition of their respective citizenry. upheld the reinstatement, without any pun- est concentration of racial and ethnic mi- More importantly, as federal judgeships are ishment whatsoever, of a white state em- norities in the country. There is no room at

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27939 any level of the judiciary for Southwick’s The Jewish Alliance for Law and So- nominees are not just a collection of troubling and seemingly biased approach to cial Action: prior writings or prior judicial opin- the enforcement of civil rights laws. Judge Southwick has demonstrated his dis- ions. They are, first and foremost, peo- In another case, S.B. v. L W, 793 So.2d 656 dain for equal rights and equal protection ple; and the kind of person they are is, (Miss. App. Ct. 2001), Judge Southwick wrote under the law. a separate concurring opinion positing that a in fact, important. In my conversations ‘‘homosexual lifestyle’’ could be used to de- So I am not convinced Judge South- with Judge Southwick, I have gotten a prive a parent of the custody of her own wick is the best that we can find for sense of the type of person that I be- child. His concurrence, a unwarranted and the court of appeals. I am not going to lieve him to be. He is not either insen- hurtful piece of work, took great pains to give the President a blank check, and I sitive or a racist but one who is elaborate upon the punitive ‘‘consequences’’ will vote against the confirmation of thoughtful and analytical and a strong that could be imposed on individuals in ho- Judge Southwick. believer in the law. As an appellate mosexual relationships, including the loss of Once again, I thank my friend from court judge, he evaluates the specific custody of a child. Grounding his beliefs in the principles of ‘‘federalism’’, he promoted Pennsylvania for his courtesy. legal issues of the case before him, not limiting the rights of gay and lesbian par- Mrs. BOXER. Mr. President, I plan to necessarily the veracity of the parties ents in the area of family law and character- vote against cloture on the nomination involved as would a trial judge. ized the participation in a homosexual rela- of Judge Southwick, and, if cloture is I know some of my colleagues are op- tionship as a ‘‘choice’’ and an ‘‘exertion of a invoked, against the nomination itself. posed to this nomination. Concerns perceived right.’’ The Fifth Circuit serves one of the have been raised about his judicial Discussing an issue not raised by either most racially diverse regions in the record, particularly with regard to party in the case and citing incomplete legal country. It is especially important, civil rights and the rights of gays and analysis, the concurrence also identified a policy position of the Mississippi legislature therefore, that a nominee to this court lesbians. I assure my colleagues that I that would limit the custody rights of homo- possess an unshakable commitment to have taken these concerns seriously. I sexual parents. His opinion cited the Su- equal justice and a willingness to pro- gave them careful consideration and preme Court’s decision in Bowers v. Hard- tect the rights of all. Unfortunately, made my best judgment, which is all wick, which upheld criminal penalties for President Bush has chosen a nominee any of us can do. sodomy, but ignored the more recent deci- who does not pass this simple test. While I respect the views of my col- sion in Romer v. Evans, in which the at- During his tenure with the Mis- leagues who oppose this nomination, I tempt to deny anti-discrimination protec- sissippi State court, Judge Southwick also respectfully disagree. I think tions to gays and lesbians via ballot initia- joined a ruling that reinstated a State tive was found not to further a proper legis- Judge Southwick made mistakes by lative end, but deemed a means to make employee who used a very charged ra- concurring in the two opinions in ques- them unequal and consequently struck down. cial slur about another worker. That tion, but I don’t think those rulings de- His contorted and selective analysis show- decision was unanimously reversed by fine his views. I don’t believe they out- cases a distinct lack of the judicial impar- the Mississippi Supreme Court. In an- weigh the other factors that suggest tiality necessary in appeals court judges. other case, Judge Southwick joined in Judge Southwick should be confirmed. Lastly, we cannot accept the possibility an opinion that took into consider- As I see it, there are three factors that there are no qualified African-Ameri- ation the sexual orientation of a moth- that weigh in favor of confirmation. cans to serve on this Circuit’s Court of Ap- er rather than her love for her child They are: peals. President Bush’s glaring lack of ra- cially diverse nominations remains when deciding to deny her custody. On First, the qualifications and char- unfathomable, and unacceptable to our orga- other occasions, he voted against the acter of the judge himself; nization, specifically in a region that dis- concept of ‘‘a jury of our peers.’’ Second, the need to fill this long- plays such a long history of racial apartheid I am deeply disappointed that Presi- time vacancy in the Fifth Circuit and disenfranchisement and continues to dent Bush has once again attempted to which the judicial branch has des- need integration at every level, particularly fill the Fifth Circuit vacancy with a ignated as a judicial emergency; in the federal judiciary. nominee holding views far to the right And third, my very strong belief that Given the arguments listed above, it is of most Americans, and I do not sup- when a future Democratic President clear that the Senate Judiciary Committee sends up a judicial nominee who be- must defeat Judge Southwick’s nomination. port the nomination of Judge South- He does not possess the requisite abilities to wick to the Fifth Circuit. comes controversial, the test should be merit a life-tenured position in the federal I yield the floor. whether the nominee is within the ju- judiciary. In rejecting Southwick’s nomina- The PRESIDING OFFICER. The Sen- dicial mainstream and is qualified by tion, please urge President Bush to nominate ator from California is recognized. education, experience, and tempera- a well-qualified individual with the appro- Mrs. FEINSTEIN. Mr. President, I ment to be a sound judge or Justice in priate judicial temperament to dispense jus- too rise to discuss the nomination of the Federal court system of our great tice as intended by our Constitution and a Judge Leslie Southwick and to explain country. demonstrated respect for fundamental con- why I will vote in favor of cloture and When I weighed those factors against stitutional rights. Sincerely, in favor of confirming him to the Fifth the concerns I have heard, I decided to LISALYN R. JACOBS, Circuit Court of Appeals. vote in favor of Judge Southwick in Vice-President for Government Relations. There has seldom been an appellate committee. They also will form the Mr. CARDIN. Mr. President, I am nominee to whom I have given more basis for my vote on Judge Southwick going to quote very briefly from the thought than I have given to Judge tomorrow. letter from the Bourne Bar Association Southwick. I am very much aware of The first factor I wish to address is where it says: the concerns many on my side of the his qualifications and character. I aisle, in the House of Representatives, don’t think anyone disagrees that A representative democracy is a must in a free society, and as such the residents of the and in the community feel. Judge Southwick is an experienced ap- State of Mississippi, Texas, and Louisiana I have reviewed Judge Southwick’s pellate court judge. He sat on the State are deserving of a Federal judiciary that re- record and the transcript of his con- court of appeals in Mississippi for 11 flects the composition of their respective firmation hearing. I have read the years, from January 1995 to December citizenry. many letters, both pro and con, and I of 2006. He has heard roughly 7,000 ap- Ten nominees from this area; none have spent about an hour or more talk- peals. African American. ing with him in person. How many judges have we confirmed The National Organization for What emerged for me was an under- without nearly that kind of experi- Women states: standing that Judge Southwick is a ence? This is a large number of cases. Judge Southwick has a disturbing record qualified, sensitive, and circumspect There is no organization better posi- and an appalling lack of sensitivity on wom- person. I think the personal qualities tioned to evaluate the performance of en’s rights, racial justice, and discrimination of an individual often get lost in our judges in Mississippi than the Mis- based on sexual orientation. debates about judicial nominees. These sissippi State bar, and they awarded

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27940 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 Judge Southwick their Judicial Excel- years. Judge Southwick is the third qualified to serve by education, by ex- lence Award in 2004, after he had been nominee for the position—not the first perience, and by temperament. on the State court bench for 10 years. or the second, but the third. Critics of this nomination have That award describes him as: ‘‘A leader The vacancy opened in August 1999— pointed to 2 opinions: 1 that reinstated in advancing the quality and integrity 7 years ago—and went unfilled for more an employee who had been fired for of justice,’’ and as ‘‘a person of high than 4 years. Then, in 2004, the Presi- using an egregious racial slur, and an- ideals, character, and integrity.’’ dent used a recess appointment to other that denied a woman custody of Isn’t that the kind of judge we want place Charles Pickering on the bench. her child for reasons that included— to see on the bench? The Senate did not confirm Judge but were not limited to—her involve- I think those views from the bar as- Pickering to the seat, and since the ment in a same-sex relationship. sociation from his home State are im- end of 2004, it has been vacant again. These are 2 opinions out of 7,000 cases portant. I also think it is significant Michael Wallace was nominated for it, that he heard or that he sat on. They that the American Bar Association, but that nomination wasn’t approved are opinions he joined, not ones he which evaluates every judicial nominee by the Judiciary Committee. wrote. One was a majority opinion that comes to the Senate for confirma- So at this time the Administrative joined by 4 other judges on his court, tion, unanimously rated Judge South- Office of the U.S. Courts has declared and 1 was a concurring opinion in a wick ‘‘well qualified’’—their highest this seat to be a ‘‘judicial emergency.’’ case where he also joined the majority rating. In fact, the evaluation by the Now, I am not suggesting that we opinion. ABA for him to serve on the Fifth Cir- should confirm whomever the Presi- Ultimately, the case involving the cuit is stronger than it was when he dent nominates just because a seat has racial slur was reversed by the State was nominated to a district court last been vacant for a long time, or because supreme court and remanded for con- year. the seat has been designated a judicial sideration of a different penalty. The For that nomination, the ABA was emergency. But I hope this urgent need ruling of Judge Southwick’s court in not unanimous in finding him ‘‘well to fill a longtime vacancy will help tip the child custody case apparently was qualified.’’ But they were for the appel- the balance in the nominee’s favor. By not appealed to the State’s high court. late court. any measure, 7 years is too long for a Critics of Judge Southwick have also The Judiciary Committee approved vacancy to remain open. pointed to certain rulings that, in their that nomination, but the 109th Con- The third factor that weighs in favor view, suggest that Judge Southwick gress ended without further action on of confirmation for me is my strong be- will be hostile to workers, minorities, it. Now, Judge Southwick stands before lief that we have seen too much delay and those who lack power and privilege us with a unanimous recommendation and controversy over qualified nomi- in our society. These are serious con- for the Fifth Circuit from the ABA. nees for too many years. cerns. But I don’t think these cases ac- I am also impressed, as Senator There are plenty of examples of long curately reflect Judge Southwick’s SPECTER spelled out, by his record of delays in the confirmation process views. This is only my best judgment, military service to our country. I find when President Clinton was in office based on my own discussions with him. it singular among the judges in the 15 and the Senate was under the Repub- The racial slur case, Richmond v. years I have served on the Judiciary lican control. For example, when Ron- Mississippi Department of Human Committee. nie White had the support of Senator Services, involved, as has been stated, This judge joined the U.S. Army Re- BOND and was voted favorably out of a State employee who had used a racial serves in 1992 at the age of 42. To do the Judiciary Committee twice, it took slur in reference to an African-Amer- ican coworker. The State agency fired that, he had to get an age waiver. more than 21⁄2 years for the nomination How many would do that? to come to the floor, and then the nom- the employee, and she appealed to an He had already achieved professional ination was rejected. administrative board, which ordered success as a lawyer. At the time, he William Fletcher was a well-qualified her reinstated. was serving as the Deputy Assistant Ninth Circuit nominee in the 1990s. Un- Judge Southwick joined a majority Attorney General in the Civil Division like Judge White, at least Judge opinion that upheld the board’s deci- of the Department of Justice. Still, he Fletcher was confirmed by the Repub- sion to reinstate the employee. The felt a sense of duty to his country, and lican Senate—thanks in large measure opinion stated that there was sufficient evidence in the record to support the he did not let his age or his promising to Senator HATCH—but not until he had decision of the board. civilian legal career stop him. waited for 31⁄2 years. I believe he should not have joined He volunteered in 2004 for a unit that During that period of time, I had the court’s opinion, but I don’t think was going to be deployed to Iraq. That calls from prospective judges, saying: I his decision to concur in that opinion unit, the 155th Brigade Combat Team, don’t know what to do. Do I stay the should disqualify him from being a was, in fact, deployed, and he was with course, or withdraw? What do I do Federal judge. it. about my family? These are real prob- After our meeting in person, I asked Judge Southwick was 53 years old at lems and we ought to respond to them. the judge to put his thoughts in writ- the time. He had a wife and family and I also share the views of my col- ing, and he did. I found the letter con- a prestigious job as a judge on the league, Senator LOTT, that we must vincing. State court of appeals. Yet, from Janu- improve the confirmation process. He ary to December 2005, he served in Mr. President, I will quote some of recently wrote an op-ed column in this letter: Iraq—first as a Deputy Staff Judge Ad- which he explained his vote to confirm vocate at Forward Operating Base The court said that the use of the word Justice Ruth Bader Ginsburg to the Su- ‘‘cannot be justified’’ by any argument. It Duke, and then as Staff Judge Advo- preme Court. Since the Senator is sit- could have gone far beyond that legalistic cate for the 155th Brigade at Forward ting here, let me quote him: statement. Captured in this one terrible Operating Base Kalsu. I probably wouldn’t agree with Justice word is a long, dark, sad chapter in our his- How many judges have done that? Ginsburg on any philosophical issue, but she tory. This racial slur is unique in its impact Shouldn’t that count for something? was qualified to serve by education, experi- and painful to hear for many, including my- Well, it counts to me, Mr. President. ence, and temperament. Elections have con- self. I said at my hearing that this is the To me, it is a clear indication of the sequences, and she had President Clinton’s worst of all racial slurs. Its use is despicable. character of the man, and I deeply re- confidence. All people of good will should make their re- spect him for this military service. That is the way it was. I have used jection of the word clear. The opinion had an opportunity to express more fully and accu- The second factor that is important, the same analysis to arrive at my posi- rately the complete disgust that should in my judgment, is the need to fill this tion on Judge Southwick. I probably greet the use of this word. Such a statement vacancy on the Fifth Circuit. It has would not agree with him on certain would certainly be consistent with my own been vacant for 7 out of the last 8 philosophical issues, but I think he is beliefs that this is the worst kind of insult.

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As I testified, everyone took this issue ex- analysis of the case, and perhaps the row. I thank Senator FEINSTEIN so traordinarily seriously. I regret that the fail- result, would be different. much. What she did tonight with re- ure to express in more depth our repugnance Again, the question is whether his gard to this nominee and how she is of the use of this phrase has now led to an decision to join the opinion is grounds impression that we did not approach this going to vote tomorrow is the kind of case with sufficient gravity and under- for disqualifying him from a Federal thing, I believe, that will affect in a standing of the impact of this word. judgeship. To me, simply stated, it is positive way the nominations of other The letter goes on to say: not. men and women in the future in the I always tried to treat everyone who came So I am voting in favor of Judge Senate. We have worked together on before me as a judge with respect. I gave a Southwick because I think, based on nominees from California in the past, memorandum to each of my law clerks that the letter he wrote to me, on my dis- and I stood against a filibuster then, they were to use no disparaging words to- cussions with him, and on his record, and I am proud I did. I have voted for wards anyone in a draft opinion, no matter he is not outside of the judicial main- nominees, such as Justice Ginsburg, what the appeal was about. From the bench stream. because I thought it was right. and in my opinions, I followed that same That is the primary criterion I use I also have been a party to and have rule. I believe that everyone whom I encoun- when evaluating an appellate nominee, observed conduct in the Senate by my ter, whether as a judge or in some purely pri- vate capacity, is deserving of my respect. and I expect future nominees of Demo- colleagues on this side of the aisle that I took a broad view in looking for staff. I cratic Presidents to be treated in the I am sorry about, I regret. But how do was one of the original ten judges on the same way. we ever stop the slide downhill by the Court of Appeals, taking office in January I believe the concerns that have been Republicans and then by the Demo- 1995. In my second year on the court, I be- raised about Judge Southwick are out- crats and then again by the Repub- came the first white judge to hire an Afri- weighed by his record of service to our licans? When can we rise above that can-American law clerk on that court. I country, his long experience as an ap- type of personal and partisan attack could not have been more pleased with her pellate court judge, and the tempera- work, and she went on to be a partner in a and consider these nominations and major Mississippi law firm. I was equally ment I have come to know in my dis- legislation in a more respectful and re- pleased with the two additional African- cussions with him. sponsible way? American clerks I hired before I left the Mr. President, I ask unanimous con- I believe Senator FEINSTEIN has court. sent that the mandatory quorum re- taken that first step that can lead to Judge Southwick concludes by say- quired under rule XXII with respect to other steps, and we will stop this slide ing: the Southwick nomination be waived. I have observed occurring more and Until the last two months, my fairness and The PRESIDING OFFICER. Without more each year for 10 years. Now temperament had not been subject to criti- objection, it is so ordered. maybe this is the moment, maybe this cisms. The recent concern may have arisen Mrs. FEINSTEIN. Mr. President, I will be the catalyst that will lead to from the fact that only one piece of evidence yield the floor. other steps on this side of the aisle and was being used, namely, the racial slur opin- The PRESIDING OFFICER. The Sen- on the other side of the aisle so that we ion. A much better explanation of my own ator from Mississippi. will treat these nominations and legis- abhorrence of this slur clearly could have Mr. LOTT. Mr. President, I obviously been written. I have tried in this explanation lation in a proper way. to express my disgust for the use of that rise in support of the cloture motion I thank the Senator for staying and word and to present some of the evidence and in support of the nomination of allowing me to commend her. I hope it from my own life to prove my commitment Judge Leslie Southwick to be con- doesn’t get her into too much trouble, to furthering the civil rights of all. firmed to the Fifth Circuit Court of Ap- but I admire the Senator very much. In the second case, the child custody peals. I do want to recognize the remarks case, which is called S.B. v. L.W., I begin by thanking Senator REID for made by Senator SPECTER of Pennsyl- Judge Southwick’s court affirmed a de- allowing this nomination to be called vania and the thorough job he did in cision to deny custody of a child to a up and even considered. He doesn’t referring to particular cases. I don’t mother who was in a same-sex relation- have to do that as our leader, but he want to repeat the cases that have ship. The lower court had based its should be commended by those of us been mentioned here tonight, or go opinion on several different factors, who support Judge Southwick for his over his whole resume again, but I wish such as employment, financial sta- willingness to allow the nomination to to take a moment to maybe highlight bility, and stability of the environ- be debated and considered. some of the parts of that resume of this ment, and not just the sexual orienta- Mr. President, I wish to express my very distinguished nominee. tion of the mother. appreciation to the very studied and I also want to note the presence of In fact, a major concern in the case careful job that Senator FEINSTEIN has the senior Senator from Mississippi, was that the mother was planning to done with regard to this nominee. I my colleague Senator COCHRAN. He and move to a new city, and the mother know it has not been easy, but I also I have been in the Congress for 35 had admitted that the move was not in know that she has taken time, she has years. We were in the House together. the daughter’s best interest. She said been patient, she has done her home- He came to the Senate, and 10 years she did not know where her daughter work. I am sure she has endured criti- later I came to the Senate. One of the would attend school, and also that she cism. She has shown tonight that she is things I did when I came to the Senate, would be devoting a lot of time to truly one of the outstanding lions or I sat down and talked to Senator COCH- starting a new business after the move. lionesses, I guess, is the correct word, RAN about how to consider nominees Judge Southwick joined the majority of the Senate. She has shown courage. for the Federal judiciary, because he opinion, upholding a lower court’s deci- She and I have worked together. was on the Judiciary Committee. He sion that the best interests of the child Sometimes we have lost when we have had some very good, helpful, and sim- would be better served by being in the worked together, and sometimes we ple advice. Basically, he said if they father’s custody. He also joined a con- have succeeded. But we have tried to are from your State, certainly if they curring opinion written by another do the right thing for the Senate and are personally repugnant, you can vote judge. for our country. I have nothing but the against them. But basically, he said, if When asked about the case at his utmost admiration and appreciation they are qualified by education and by hearing, Judge Southwick said that he for the position she has taken. I actu- experience and by temperament, you had joined the concurring opinion be- ally am hesitant to proceed after her should be supportive. Kind of simple, cause it followed State law at the time, comments because they were so careful but it was a thoughtful suggestion to which was governed by Supreme Court and so well thought out and presented. me that came from this experienced precedent that has since been over- I do think that I would like to put a member of the Judiciary Committee, ruled. Judge Southwick conceded at few remarks into the RECORD tonight, and I have tried to do that, and I will the hearing that under current law the and I will add additional items tomor- continue to do so.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27942 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 I do believe very strongly that this liberal Democrats. Knowing him, he year ago, was unanimously referred by nominee is obviously well qualified. probably doesn’t like those labels, but the Judiciary Committee to be a Fed- One of the things that was noted about he has a record of involvement in those eral district judge. Now, 1 year later, his outstanding academic record was areas where this nominee has been there are those who question the same that he graduated cum laude from Rice challenged or criticized. This is what record they had a chance to review last University, a well-known and well-re- William Winter, our former Governor, year. spected academic institution. He didn’t said: Of the opinions he actually authored, just graduate with honors, he grad- I further know him to be a very intel- there is no criticism of the more than uated cum laude, right at the top. He ligent, conscientious, ethical and hard-work- 1,000 decisions where he actually wrote later graduated from the University of ing member of the legal profession. I have a the opinion. I assure you, they were Texas School Of Law, where he also great deal of personal respect for him and scrubbed and reviewed very carefully. had an outstanding record academi- based upon my association with him I be- There are two decisions in 7,000 where lieve he will reflect fairness and objectivity cally. in his approach to all matters which may he concurred but did not write the de- When he came to the State of Mis- come before him as a judge. cision, where questions have been sissippi, he continued that record of I don’t know what higher rec- raised. I know we all make mistakes, and we success. He worked with one of the ommendation you could have from our choose to associate sometimes with sit- most revered members of the Fifth Cir- State, from a member of the opposite uations or people we regret later. I cuit, Chief Judge Charles Clark, one of party, and a former Governor of our know he would do some of his decisions the most outstanding jurists I have State. So he knows the background of differently now if he had them to do ever observed in my career of watching this nominee. our Federal judiciary. Mr. President, I ask unanimous con- over again. But this is a long distin- When he went to work for a law firm, guished record, with only a couple of sent to have printed in the RECORD the he didn’t go with just any law firm, he entirety of the letter of William F. phrases in two decisions that, obvi- went with one of the State’s very Winter. ously, are troublesome. best—Brunini, Grantham, Grower, and There being no objection, the mate- Now, beyond those qualifications, he Hewes, where he became a partner. At rial was ordered to be printed in the also has the temperament. He is mild every step along his career, he didn’t RECORD, as follows: mannered, he is very judicious, he is do just well, he excelled in how he han- moderate in his approach to being a WATKINS LUDLAM WINTER dled himself in the positions he had, & STENNIS, P.A., judge and in his life; not to say that he and he continued that when he went on Jackson, Mississippi, June 13, 2007. won’t be conservative in a lot of his the court of appeals. HON. ARLEN SPECTER, rulings. I think he will. But I am talk- A lot has been made about the fact Ranking Member, Committee on the Judiciary, ing about demeanor and temperament. that he has served in the Mississippi U.S. Senate, Washington, DC. Clearly, he has what Senator COCHRAN National Guard. He reached the rank of DEAR SENATOR SPECTER: I join a number of and I thought the Senate indicated lieutenant colonel. He didn’t just serve my colleagues in the Mississippi Bar in ex- they desired. as a reservist to meetings of the Na- pressing support for the nomination of the Honorable Leslie Southwick for a seat on the This is the third nominee for this va- tional Guard, he was actively involved U.S. Court of Appeals for the Fifth Court. cancy. The other two didn’t make it. with the 155th Separate Armored Bri- I personally know Judge Southwick as a We heard what the Senate had to say gade. And, of course, he went with the highly regarded attorney and jurist in Jack- regarding these past nominees and we 155th Brigade Combat Team and was son, Mississippi. I further know him to be a came up with a judge we thought met mobilized in Operation Iraqi Freedom. very intelligent, conscientious, ethical and the criteria that was expressed by a lot So even there he took risks. He was in- hard-working member of the legal profes- of our colleagues here in the Senate. sion. volved in a way at his age that While it is generally known in this commu- But I also want to emphasize this. I wouldn’t ordinarily have been ex- nity that he and I do not share the same have stood on this floor and argued to pected. This further shows that he is a views on some public issues. I have a great my own colleagues that we should not unique individual in terms of his edu- deal of personal respect for him and based on set the precedent of filibustering quali- cation and his experience. my association with him I believe that he fied judicial nominees—— But more than anything else, with will reflect fairness and objectivity in his ap- The PRESIDING OFFICER. The Sen- rare exception, I have never seen a proach to all matters which may come before ator’s time has expired. more qualified nominee to be an appel- him as a Judge. Mr. LOTT. Mr. President, I ask unan- I, therefore, commend him to you as one late court judge; not just a Federal whose personal character and professional imous consent for 2 additional minutes, judge, but an appellate court judge. His record make him worthy of your favorable if my colleague, Senator COCHRAN, experience has been in the Mississippi consideration for this important position. would yield me those 2 to wrap up. appellate court system, where he pre- Respectfully yours, The PRESIDING OFFICER. Without sided or participated over 7,000 cases. WILLIAM F. WINTER. objection, it is so ordered. That point has already been made, but Mr. LOTT. Judge Southwick was Mr. LOTT. Mr. President, I have ar- that is an extraordinarily large number awarded the Judicial Excellence Award gued we should not filibuster Federal of cases for him to be involved with by the Mississippi State Bar Associa- judges. One time when I sat in that over these several years that he was a tion, and he was rated not just well seat as majority leader, my colleagues member of the appellate court in Mis- qualified but unanimously well quali- actually voted to filibuster a judge and sissippi. fied by the American Bar Association. opposed cloture. Senator HATCH and I In terms of the kind of man he is, let This is supposed to be the gold stand- took to the floor and said we are not me read one part of one letter from one ard. The previous nominee for this po- going to do this. This is wrong. If you of the most revered and respected sition was not given that. He was given want to vote against him, vote against former Governors of our State of Mis- a ‘‘not qualified’’ rating by the bar as- him, but we are not going to filibuster sissippi, a Governor who has a very sociation. So they don’t just these judges. Those judges were Judges progressive record of leadership and of rubberstamp nominees, they look very Paez and Berzon in 2000. We had a sec- civil rights issues, and who has contin- closely at them. ond vote, reversed the previous vote ued until this very day to work for ra- If there is a question about his tem- which opposed cloture, invoked clo- cial reconciliation and heads an orga- perament, if there is a question about ture, and then voted on those nomi- nization at the University of Mis- his record on civil rights issues, or any- nees. I voted against them both, but I sissippi dedicated to that purpose. This thing else, they would have found it thought they deserved an up-or-down is a Democrat. This is what most peo- and they would have included it in vote. ple would acknowledge in Mississippi their recommendations. And, by the Here tonight and tomorrow, when we would be one of your more moderate to way, this is the same nominee who, 1 vote, at the very minimum we should

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27943 not filibuster this nomination. We ported out of the Judiciary Committee nation, reaching through 7,000 opinions should allow this judge to have an up- unanimously for a lower court nomina- trying to find something he had said or or-down vote. One of the speakers to- tion less than 12 months ago, and a done or indicating a view that was un- night indicated he would vote against military judge who courageously acceptable in a Federal judge. And they him. Fine, if that is what your con- served in Iraq. come up with two opinions that he science dictates. But first, we have to This isn’t just about Judge Lesile didn’t write, and they are fully ex- deal with this question of should we Southwick. This is about the standard plained by him, and totally contradic- start down this trail of filibustering that is being set for the future. Every tory, in the way they have interpreted, qualified judges because we disagree Senator in this Chamber will have judi- to his personality, his good judgment, with some philosophical position. We cial nominees that come from their and the way he has lived his life. shouldn’t do that. If we do it here, we home State, and they will expect those I think it is a lot more instructive if will do it again later. If we do it in this qualified nominees—with home State you could have been with me yesterday administration, we will do it in an- Senator support—to be confirmed. in Natachez, MI, dedicating a new Fed- other administration. Give the man an Well, that is not the precedent that we eral court building, the shock, I guess, up-or-down vote. I believe—I am abso- are establishing here. Next time, this that others might find, that the Pre- lutely convinced—that he will be con- could be your nominee. siding Officer at that ceremony was firmed. I yield the floor. United States District Court Judge I will have a few more remarks prob- The PRESIDING OFFICER. The Sen- Henry Wingate, an African American I ably in the morning, but let me say to ator from Mississippi. had recommended 20 years ago for the you, Mr. President, and to my col- Mr. COCHRAN. Mr. President, under Federal bench, who is now the chief leagues in the Senate, I have never be- the order, I think there were 5 minutes, judge of the Southern District in the fore done this, but I can vouch on my and 2 of the minutes I yielded to my United States District Court. honor to this institution that I have colleague and distinguished Senator, so There are several other judges, all of served for many years now and in lead- it is my intention to proceed with 3 whom were there. Edith Jones of the ership positions, this is a good and minutes. Fifth Circuit, who is the chief judge qualified nominee who will reflect The PRESIDING OFFICER. There is now of the Fifth Circuit Court of Ap- credit on the institution that confirms 9 minutes remaining on the Senator’s peals, was our principal speaker on this him and in the court in which he side. occasion. And I noticed that the person serves. Mr. COCHRAN. I will use the balance who is a U.S. marshal for the Southern The judicial confirmation process has of that in the morning. District of Mississippi is Nehemiah always shown strong deference to the The purpose of my being here tonight Flowers, whom I had recommended opinions of home State Senators. There was to be sure I was available to hear many years ago and has served in that is good reason for this. Home State the comments of all Senators who job with distinction and reflected cred- Senators are uniquely positioned to wanted to speak on this confirmation. it on African Americans of our State, know the personalities, qualifications, This has been a very frustrating experi- but also as an individual in his own and reputations of the nominees from ence for me personally, because, as my right who is the chief keeper of the their state. The fact that this tradi- colleague pointed out, we have con- peace and law enforcement official in tional courtesy of the Senate is being fronted difficulties in submitting the Federal District Court, I was proud ignored should be cause for concern for names for the consideration of the Sen- to be there on the podium with him. every Senator in this Chamber. ate for this particular position. Two he Leslie Southwick is totally well I respected this traditional courtesy pointed out have been nominated by qualified and ought to be confirmed by when I served as majority leader. In the President and, in fact, rejected. the Senate. I have spoken on the Sen- the last few years of the Clinton ad- Names were withdrawn because of ate floor a couple of times at great ministration, a Republican Senate con- delays that made it clear those judicial length about it and put into the firmed a string of highly controversial nominees were unacceptable. So we put RECORD letters from people all over our appeals court nominees who nonethe- our heads together, we talked about State commending him and vouching less had the backing of their home what the other options were, and de- for him, talking about his experiences State Senators. cided Leslie Southwick was the epit- as a judge and my familiarity with him When the controversial nominations ome of someone who had to be accept- as a person. He has a record that would of Paez and Berzon where debated in able to the Senate. Not only is he an be the envy of anyone who would aspire 2000, I filed cloture on both of their experienced judge in an appellate court to be admired and respected as a judge nominations. While many on my side of position, but he is a person of great in- or a lawyer or a citizen. I can’t believe the aisle opposed the nominations, I tegrity, widely respected, even though that he is being challenged as harshly upheld my promise to bring their nomi- he has been a Republican and active in as he is by some in this body, and I nations to an up-or-down vote. politics in our State, supporting can- urge the Senate to confirm him as a We are in danger of establishing an didates that he thought were the best United States Court of Appeals judge ill-advised precedent that could have in his party who were available to be tomorrow. longstanding negative ramifications on nominated and elected. He is a person The PRESIDING OFFICER. The Sen- not just the legislative branch but also who is widely respected by Democrats, ator from Kansas. upon the judicial branch. Should this as proven by William Winter’s very Mr. BROWNBACK. Mr. President, body block a clearly qualified nominee generous letter complimenting him how much time remains? based on a ‘‘perceived controversy’’? and pointing out his personal qualities. The PRESIDING OFFICER. Four Every Senator in this body needs to That should be instructive to the Sen- minutes. understand what is at stake here. This ate in its consideration of this nomina- Mr. BROWNBACK. Mr. President, I isn’t a simple case of controversial tion. want to speak in favor of Judge South- nominee being taken down in a par- I don’t know of any situation I have wick and the nomination and would tisan fight. confronted since I have been in the take up that 4 minutes. This is a mainstream nominee to a Senate that has been more frustrating A couple of quick points I want to seat that has been declared a judicial than watching and listening to the make on this because the time is short, emergency, with the strong support of criticism of this nominee who has been the hour is late, and I appreciate the both home State Senators, with a totally unjustified, totally unjustified Presiding Officer staying. I have met ‘‘unanimously well qualified’’ rating on the record. Viewing his career as I and I have gotten to know Judge from the ABA—the supposed gold have observed it, it is not the same per- Southwick. I have worked with him. I standard for my colleagues on the son I hear described by those I hear have seen him now through two Sen- other side of the aisle—who was re- criticizing and objecting to this nomi- ates, the last Senate and this Senate.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27944 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 This is an honorable man. This is a er than the person, and I don’t think Earlier this year, the Department good man. I think this is a smear cam- that is meritorious of this body, to de- had a public comment period where I paign that people are trying to do on cide something on, OK, it is in this ses- and other public officials and most im- him, on a good man. sion of Congress rather than the prior portantly my constituents spoke out I think if he came up in different cir- session of Congress. loudly in opposition to the draft cor- cumstances everybody would say: Why, Here is an honorable, good man. If ridor plan. That draft plan is virtually absolutely he is the right person for it. you have qualms with one of the nomi- identical to the final plan. Part of the reason I say that is you nees, fine. But let’s make it a real set Let me give my colleagues a sense of look at the last Congress when he came of qualms and let’s not make it some- what we are talking about here. This is up in front of the Senate Judiciary thing that we invent this session, dur- a map which depicts the draft Mid-At- Committee. Judge Southwick came up ing this Congress, and try to take it lantic and Southwest area national in the last Congress, and he was unani- out on somebody who is a good can- corridor. There are people in Wash- mously approved by the Judiciary didate. ington who for years have been talking Committee, seen as a consensus nomi- Here is a person who served honor- about creating opportunities for more nee who should move forward. He has ably in the military, even asked that power, and this is a national priority, been through these parts before. Why is his age be waived so he could join the they say. Yet we can see just by the it he was unanimous last time around Army Reserves at age 42. In 2002, at the dotted areas that there are a lot of and now he is a controversial can- age of 53, he volunteered to transfer to States in the Northeast that will be didate? Why is it you are looking at a line combat unit that was widely an- impacted—obviously, New York and 7,000 opinions and somehow now we ticipated to deploy to Iraq. Pennsylvania, West Virginia, Mary- found something in a couple of opin- This is an honorable man. I urge my land, and a few others, and then out ions but didn’t find those last year colleagues to actually look past the West in the furthermost reaches of the when people were fly-specking it? way he is being painted and look to the Southwest of our country, principally I think this is kind of a sign of the reality of the facts and to the lon- in the State of California. So for all of times and where we are and the Presi- gevity of his service and what he seeks the talk about a national priority, dent’s time period and the President’s to do and to vote and to support this there is very little that impacts the approval ratings. He is in his last 2 nominee. middle of our country. years and people are looking and say- I yield the floor. I sent letters, as Senator SPECTER ing we don’t want to get these many f did, to the Department of Energy, but circuit court judges approved. But if so far, I am not happy to report the De- you look at the record, this is not fair LEGISLATIVE SESSION partment of Energy has ignored my to this judge. Mr. REID. Mr. President, I ask unan- constituents. I think this is an outrage, Look at the diversity issue. I just imous consent that the Senate now re- for a government bureaucracy to ig- want to put a chart up on the diversity turn to legislative session. nore the people they are supposed to of the Fifth Circuit because that issue The PRESIDING OFFICER. Without serve. They pay their salaries—those has been raised, the number of ap- objection, it is so ordered. taxpayers pay their salaries. The least pointees to the Fifth Circuit. Under f this Department should do is respond President Clinton and Bush: Women not just in a timely way but to respond NATIONAL INTEREST ELECTRIC appointed under President Clinton, completely. But we haven’t seen that TRANSMISSION CORRIDOR zero; President Bush appointed two; Af- yet. rican Americans, one under Clinton, Mr. CASEY. Mr. President, I rise Last week, I met with an Assistant none under Bush; Hispanics, one under today to address not only a major pub- Secretary of Energy to discuss my op- Clinton, one under Bush, and actually lic policy issue for the State of Penn- position to the transmission corridor there was a third woman appointed sylvania but also a fundamental issue as it is presently drafted. I have sent under Bush. I don’t think that stands of fairness and the proper role of Gov- letters to the Energy Secretary, Mr. the review and test of us being honor- ernment, which I think will have an Samuel Bodman, most recently in able and honest with what the situa- impact on the country as a whole. early October. We are still waiting for tion is. Recently, the U.S. Department of En- a response to that, a letter signed by This is a judicial emergency situa- ergy designated 52 counties—52 out of both Senator SPECTER and me, waiting tion. Senator LEAHY has previously Pennsylvania’s 67 counties—as part of for a response. I know people get busy, stated if a vacancy is deemed to be a a power transmission corridor, more but I think it is time now to respond to judicial emergency, it should be ad- formally known as the National Inter- that letter. We are also waiting for dressed quickly. This is a judicial est Electric Transmission Corridor. Secretary Bodman to respond to my re- emergency, as determined by the non- This means the Government will be quest for a meeting. We are getting a partisan Administrative Office of the able to turn three-quarters of the State little resistance there as well. Courts. They have declared the seat to of Pennsylvania into a superhighway of So while I am waiting for these re- which Judge Southwick has been nomi- transmission towers. sponses from the Energy Secretary, I nated a judicial emergency. Their authority to designate this cor- want to put him on notice and I want Senator LEAHY, for whom I have a ridor was granted in the Energy bill to put the Federal Energy Regulatory great deal of respect and worked with passed in 2005 in the previous Congress. Commission—which we know by the on a number of additional issues other This designation would allow the Fed- acronym FERC—I want to put FERC than this, has also said it is important eral Government to override State au- on notice and I want to put the Senate whether the two home State Senators thority and construct high-voltage on notice that I have grave concerns, support the nominee. You have just power transmission lines wherever as a lot of people in Pennsylvania have heard from the two home State Sen- they please—virtually wherever the grave concerns, about this trans- ators who strongly support this nomi- Federal Government pleases. They mission corridor as presently designed nee. could place the lines on farmland, or drafted. I am outraged by how my I think the criteria that have been through neighborhoods, through some- constituents have been treated so far previously set to fill a circuit court po- one’s backyard, and, for example, in this process. I would argue they sition have been met, in many cases through a beautiful vineyard such as have been ignored in this process. even exceeded. Yet we have a con- the one I saw most recently in Greene So I intend to use every means at my troversy over a person who was seen, County in the furthermost south- disposal—every means at my disposal— one Senate ago, one Congress ago, as a western corner of Pennsylvania, so vir- to prevent the National Interest Elec- consensus candidate. This seems to be tually anywhere in the Commonwealth tric Transmission Corridor from mov- much more reflective of the time rath- and anywhere in the country. ing forward until Pennsylvania is at a

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27945 minimum treated equitably. So I in- today the sacrifices that were made This was an incident which combines tend to place a hold on the renomina- and the contributions the United so many different factors that are still tion of Joseph Kelliher, who is now States was attempting to make in that in play right now in the Middle East. serving as the Chairman of the Federal particular circumstance. We should be remembering it. We Energy Regulatory Commission, I make these comments as someone should be remembering when we look known as FERC. I will place a hold on who is proud to have served in the U.S. back on it that the United States must his renomination, and I will be intro- Marine Corps, who has a brother who play its hand very carefully in that ducing tomorrow, in connection with served in the Marine Corps, who has a part of the world. As one marine said the amendments to the farm bill, an son who is now serving in the Marine to me during a firefight at one outpost amendment to prevent the use of emi- Corps, and as someone who covered the I was covering as a journalist: nent domain to take farmland for use marines in Beirut as a journalist and It is always difficult when you get involved as a part of this power transmission had recently left the country when this in a five-sided argument. corridor. incident occurred. We ought to think about that when One more chart before I conclude. The marines who went to Beirut we are looking at what is going on in The second chart here depicts the num- came in peace. They had been sent in other parts of the Middle East today. ber of counties affected in the north- after several incidents occurred regard- But the main purpose of me speaking eastern corner of the United States. I ing multiparty incidents, which I will today is to urge all of us never to for- will speak just of Pennsylvania for describe in a minute, at the request of get the courage and the risk and, ulti- today—52 out of those 67 counties. Ba- the Lebanese Government. We had a mately, the sacrifice that so many of sically, what the Federal Government U.S. Marine Corps representation. We our young people are required to make has told us, in essence, implicitly—this had military people from the United on behalf of our country and under the is what I derive from their failure to Kingdom, Italy, and France. They were direction of the leadership of those who respond to the State of Pennsylvania— asked to help separate the warring fac- decide to send them into harm’s way. is there is going to be a superhighway tions inside Beirut during a vicious f of power lines across Pennsylvania, and civil war and also to help separate the there is nothing anyone can do about end result of an Israeli incursion, in HONORING OUR ARMED FORCES it. The Federal Government is going to which the Israelis were attempting to CHIEF WARRANT OFFICER JOHN W. ENGEMAN take over this effort and put those take out large elements of the Pales- Mr. ROCKEFELLER. Mr. President, lines across the State of Pennsylvania. tinian Liberation Organization. in the lush green hills of Arlington Well, I have news for them. Pennsyl- So our marines began this ‘‘visi- Cemetery, where peace holds its gentle vania is full of a lot of people who are bility’’ presence in September of 1982. sway, there is a headstone inscribed concerned about this, whether they are They had been there through different with the name of John W. Engeman. On in small towns or urban areas, and, as cycles of rotation for a little more than it are his rank of chief warrant officer, we are going to be speaking to tomor- a year when this event occurred. and his honors, the Legion of Merit, row, rural areas in Pennsylvania, farm They operated under enormously dif- Bronze Star, and Purple Heart. But, communities. Most of those counties ficult rules of engagement. The situa- like all of the iconic white markers at designated there are in rural commu- tion in Beirut at that time was rather Arlington, it only tells part of a hero’s nities. If the Federal Government and similar to what we see in Iraq today in story. the Department of Energy or the Fed- terms of having a weak central govern- Chief Warrant Officer Engeman en- eral Energy Regulatory Commission or ment and many different factions listed in the Army when he was 18, and anyone else in this town wants to fight around it. was stationed in Korea and Germany, about this, we are ready to fight, and On any given day, our marines in and served in Kosovo and Operation we will fight morning, noon, and night Beirut could be bumping up against Desert Storm. Two years ago, he until our State, the Commonwealth of Shia militia, Sunni militia, Christian moved with his family to West Vir- Pennsylvania, is treated equitably. Phalange, Druze militia, the Syrians ginia, where he was the active duty li- f over the border on one side—as well as aison between the National Guard and with French, U.K., and Italian military Reserves. 24TH ANNIVERSARY OF BOMBING units all operating in this environ- But he was more than a career mili- OF MARINE CORPS BARRACKS IN ment. The Israeli military, which at tary man; he was also a devoted father BEIRUT this point had pulled back over the and husband, brother and son. Mr. WEBB. Mr. President, 24 years Chouf mountains, also was present. The soldiers in his unit called him a ago today, at 6:20 in the morning, in These were very fine marines. I spent father figure and a great story teller. Beirut, a yellow Mercedes-Benz truck a good bit of time with them on their They recalled that whenever they need- drove into the Beirut International different positions. They were overall ed advice, they always went to the Airport, where the 1st Battalion 8th commanded by COL Tim Geraghty, an Chief. They said they would follow him Marines was keeping its headquarters. extraordinarily capable officer who had anywhere because he was a great lead- The truck crashed through a barbed spent more than 2 tours in Vietnam. er, a good decisionmaker, and a good wire fence, went through the parking Their battalion commander, LTC How- friend. And, they said, he loved to talk lot, passed between two sentry posts, ard Gerlach, had done a tour and a half about his wife Donna or his two chil- and then crashed through a gate and in Vietnam as infantry leader. dren, Nicole and Patrick. into the lobby of the large building The rules of engagement were so So I can only imagine how he must where the marines were keeping their strict in Beirut at the time that when have felt when the Army made special headquarters. our marines took fire, they could only arrangements for him to watch his wife At that point, the explosives were set return fire with the same type of weap- graduate from college. It had been a off in this truck, ending up with the on they were receiving fire from. These shared goal between the two of them, deaths of 241 American military serv- very restrictive rules ended up contrib- and on the day before Mother’s Day, he icemembers. This was the largest loss uting to the situation in which the sat half-a-world away and watched the of life for the U.S. Marine Corps in one truck bomb went off. The sentries at dream turn into a reality. He ended single day since Iwo Jima. It was the the gate where the truck came in were that day by telling his wife how proud largest loss of life in one day for Amer- not even allowed to have ammunition he was of her, and that he would call ican service people from the beginning in their weapons at that time. They the next day to wish her a happy Moth- of the Tet Offensive of 31 January 1968, were precluded from being able to take er’s Day. and it remains the largest single loss of out this truck when it entered because It was a call that would never come. life in one day since that time. once they saw what was happening, Chief Warrant Officer Engeman’s I believe it is appropriate for us to they had to attempt to load their humvee would be struck by a roadside take a few minutes and remember weapons and then fire at it. bomb later that evening.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27946 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 From the earliest days of the Repub- legislation. In addition, more than 50 This autumn, Michelle Edelbaum and lic we have held a special place in our news media and journalism organiza- Daria Bishop of the Burlington Free hearts for those families who have lost tions support this legislation, and the Press published an article about a trip a loved one in war. Later this week, as call for Senate action on this historic the two of them shared through the part of the White House Commission of bill extends to editorial pages across area, and I ask unanimous consent to Remembrance, the family of Chief War- the country, including the New York have printed in the RECORD the text of rant Officer Engeman will be honored, Times, Arizona Republic, L.A. Times, the article offering a glimpse into along with the families of other sol- Salt Lake Tribune, and San Francisco these ‘‘Kingdom Gems.’’ diers, sailors, and marines who have Chronicle, among others. There being no objection, the mate- been lost in combat. The Senate and House bills protect rials was ordered to be printed in the It is altogether right and fitting that law enforcement interests and safe- RECORD, as follows: we do this. Chief Warrant Officer guard national security. Moreover, [From The Burlington Free Press, Sept. 30, Engeman answered the call to duty and both of these bills follow the lead of 33 2007] served with honor and distinction. He States and the District of Columbia KINGDOM GEMS won the respect of his soldiers and the which have shield laws, and many (By Michelle Edelbaum) admiration of his country. other States, including Vermont, When trees scream with crimson, gold and But those truly timeless qualities— which recognize a common law report- orange, head to the Northeast Kingdom for his laugh, his quirky smile he would ers’ privilege. Tellingly, the Bush ad- world-class leaf peeping. give you when you needed his advice, ministration has not identified a single With foliage in mind, photographer Daria Bishop and I spent a day exploring the and his love for his family—will live in circumstance where a reporters’ privi- towns, shops and people that make the area the hearts of his wife, children, sisters, lege has caused harm to national secu- special. We strayed from our loose plan to and parents forever. rity or to law enforcement, despite the follow locals’ hand-drawn maps down scenic All of West Virginia joins with me fact that many courts have recognized dirt back roads to not-to-miss destinations. today in keeping the Engemans close such a privilege for years. On our 13-hour tour we didn’t reach half in our hearts and prayers. When he testified before the Judici- the locations on our list, which included classic attractions Cabot Creamery, Great f ary Committee in favor of Federal shield legislation in 2005, William Vermont Corn Maze, Stephen Huneck’s Dog ESTABLISHING A FEDERAL STAT- Mountain and Fairbanks Museum. But we Safire told the Committee that the es- UTORY FIRST AMENDMENT did visit a handful of gems worth a stop. sence of newsgathering is this: PRIVILEGE GREENSBORO [I]f you don’t have sources you trust and Mr. LEAHY. Mr. President, The Sen- Twenty-eight years ago an enthusiastic who trust you, then you don’t have a solid David Smith and his wife, Willie, took over ate Judiciary Committee has consid- story—and the public suffers for it. Highland Lodge in Greensboro from his par- ered and for the first time reported a On behalf of the American public, I ents and fostered a community-centric gath- bill to establish a Federal statutory urge the Senate to protect the public’s ering place that hosts out-of-town guests and privilege to safeguard the freedom of right to know by promptly considering community gatherings. ‘‘The Walking La- the press. The Free Flow of Informa- and passing a Federal shield law. dies,’’ a group of 55 women who range in age from 40 to 86, meet thrice weekly in the din- tion Act, S. 2035, is bipartisan legisla- f tion that was reported on a strong bi- ing room for coffee and muffins after they KINGDOM GEMS OF VERMONT exercise. partisan vote. The House has already On their recommendation we ate moist, passed legislation on this same subject, Mr. LEAHY. Mr. President, I am sugar-crusted blueberry muffins, from- H.R. 2102, with a strong, bipartisan and pleased to stand before the Senate scratch blueberry pancakes and a fluffy apparently veto-proof majority of 398 today to tell my friends about cheese and veggie omelet with McKenzie sau- to 21. Thus, both S. 2035 and H.R. 2102 Vermont’s Northeast Kingdom—a place sage links. After breakfast, we set out on the are available for Senate action on the that is known as much for its natural lodge’s 30 miles of trails from a grove of Senate business calendar. I strongly beauty as the rural and industrious soaring pine trees decorated with colorful support the enactment of a Federal Vermonters who have settled there. placards of children’s artwork, courtesy of the lodge’s summer campers. shield law for journalists, and I urge This region, defined by the three In Greensboro village two stores dominate the Senate to promptly consider Fed- northeastern-most counties of the retail scene. The Miller’s Thumb, housed eral shield legislation. Vermont that sit between the head- in a former grist mill, is filled with local art- All of us have an interest in enacting waters of the Connecticut River and work, fancy kitchen knickknacks, Italian a balanced and meaningful first amend- the U.S.-Canadian border, became one pottery and antiques. Watch water rushing ment privilege. Sadly, the press has be- of America’s first National Geographic under the red building through a plexiglass- come the first stop, rather than the geotourism destinations. The designa- covered hole in the floor. At Willey’s Country Store, customer Doug last resort, for our Government and tion highlights the character and sense Aronson of Woodbury declares ‘‘if you can’t private litigants when it comes to of place that has come to define the find it here, you can’t find it anyplace.’’ seeking information. This is a dan- dozens of mountain valley commu- Wine, appliances, groceries, hardware and gerous trend that can have a chilling nities that sit in Orleans, Essex, and clothes are sold at the town institution, effect on the press and the public’s Caledonia Counties. housed in a rambling white building that right to know. My wife Marcelle was born in the dates to the 1800s and has been owned by the Enacting Federal shield legislation Northeast Kingdom, just south of the Hurst family for five generations. would help to reverse this troubling Canadian border in the city of New- CRAFTSBURY trend. In fact, proceeding promptly to port. Since then, like many Look up as you approach Pete’s Greens in consideration of this legislation is Vermonters, we have often found our- Craftsbury. The roof of the farm’s serve- something I strongly support. Should selves heading to this part of Vermont yourself stand is laden with trailing plants, flowers and herbs. Peek inside at artful dis- the Senate take up the bipartisan to visit friends, go for a hike, or find a plays of colorful organic vegetables. shield bill that overwhelmingly passed special place to have a meal. The peo- Consider yourself lucky if you hit Stardust in the House, Federal shield legislation ple of the Northeast Kingdom have Bookstore and Cafe on the idyllic Craftsbury could go immediately to the Presi- made this region of Vermont advance Common during its limited school-centric dent’s desk and be signed into law while carefully holding on to the key hours. The store, run primarily by students without delay this year. elements of their identity. Whether from Craftsbury Academy, sells new and The Senate bill has the support of a they are crafting furniture from the used books, coffee and espresso drinks inside the quaint 1940s former public library. Part bipartisan coalition of Senators, in- forests of the north woods or diversi- of the proceeds are given to nonprofit organi- cluding Senators SPECTER, SCHUMER, fying their family farm, these individ- zations and granted as scholarships. LUGAR, DODD, GRAHAM, and myself, uals have helped the communities of Just outside of town down a long dirt road who have all united to cosponsor this northeastern Vermont grow. lies Craftsbury Outdoor Center, on Great

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27947 Hosmer Pond with 10 kilometers of trails tisan Guild and Gallery and Frogs and Lily prove patient access to care and qual- open for biking and hiking. Ski director Pads. ity of life. John Brodhead suggests spending an after- f This year the Senate is considering noon canoeing, mountain biking, walking the Medicare Access to Rehabilitation with a naturalist, kayaking or relaxing in an DEVELOPMENT, RELIEF, AND EDU- Adirondack chair by the lake. CATION FOR ALIEN MINORS ACT Services Act which would repeal the annual Medicare outpatient cap on cer- GLOVER Mrs. BOXER. Mr. President, I plan to tain physical and occupational therapy Untold treasures lie within Red Sky Trad- vote in support of the Development, services and the Medicare Patient Ac- ing Co. in Glover. Owner Cheri Safford’s Relief, and Education for Alien Minors cess to Physical Therapists Act which whimsy is on display in the unique and Act of 2007, better known as the colorful assortment of vintage house wares, would authorize qualified physical Melmac resin dishware, trays, china tea DREAM Act. therapists to provide services for Medi- cups, garden decor, picture frames and more, The thousands of talented and hard care beneficiaries without requiring a that fill the maroon barn. working children and young adults who physician referral. It would also pro- Buttery cookies, dense bars and rich choc- were brought to this country by their vide for treatment of outpatient olate cakes from Safford’s kitchen share parents had nothing to do with the de- speech-language pathology services counter and refrigerator space with Vermont cision to disobey our laws. separately from outpatient physical cheeses, natural sodas and local produce. I strongly believe this bill will therapy services. I am pleased to sup- Don’t miss Safford’s award-winning canned strengthen our communities, our econ- jellies, jams, bread and butter pickles, port both of these measures, and I com- chutneys and pickled beets—just like Grand- omy, and our military by requiring mend them to my colleagues for their ma made. that undocumented students dem- consideration. Between a bank of beer coolers and a rack onstrate good moral character, prove I encourage everyone to consider of chips at Currier’s Quality Market Inc. completion of a college or graduate de- with their health care professionals stand three stuffed deer and a black bear; gree, or serve in the U.S. military for 2 how physical therapy might benefit turn the corner into the postal area and years in order to earn legalized status. them, whether recovering from an acci- you’ll come face-to-face with a 948-pound I urge my colleagues to support the dent or illness or seeking preventive moose. More than 100 taxidermy animals are DREAM Act. on display in the one-stop shop, including a care. National Physical Therapy Month porcupine, wild boar, ram and British f is a great time to learn more about the timberwolf. NATIONAL PHYSICAL THERAPY benefits of physical therapy. Jim Currier, who’s owned the store for 40 MONTH f years with his family, started the ever-grow- ing collection 25 years ago with a deer head Mr. JOHNSON. Mr. President, I rise MESSAGES FROM THE PRESIDENT from his father. Hunters with a mount at the today in recognition of National Phys- store earn ‘‘bragging rights,’’ said Currier’s ical Therapy Month. What we cur- Messages from the President of the daughter Julie McKay. Coming soon: a red rently celebrate as National Physical United States were communicated to fox, possum, and snow goose. Therapy Month began in 1981 as a week the Senate by Mr. Williams, one of his By 4 p.m. we hadn’t eaten lunch and re- secretaries. gretfully skipped Bread and Puppet Museum long celebration in the month of June. and its ‘‘Cheap Art.’’ We missed Mount Pis- In 1992, that week was extended to a f whole month and was moved to Octo- gah in Barton, with stunning views of Lake EXECUTIVE MESSAGES REFERRED Willoughby, biking in Burke at Kingdom ber. Trails, and a mandarin orange chicken salad National Physical Therapy Month fo- As in executive session the Presiding at River Garden Cafe. We also passed on flat cuses attention on the value of phys- Officer laid before the Senate messages bread and microbrews at Trout River Brew- ical therapy to one’s health and the from the President of the United ing Co. in Lyndonville and coffee and chit- contributions of physical therapists to States submitting sundry nominations chat at Miss Lyndonville Diner. the health of their communities. This and a treaty which were referred to the ST. JOHNSBURY year National Physical Therapy Month appropriate committees. Instead we split for St. Johnsbury, where is focusing on obesity because physical (The nominations received today are local-food-centric Elements Food and Spir- activity is a crucial component of printed at the end of the Senate pro- its, like many destinations in the Northeast ceedings.) Kingdom that have irregular hours, isn’t weight loss and better health. open on Monday. My understanding of physical ther- f At Kham’s Thai, chef and manager Souki apy has greatly increased over the past Luangrath, whose Essex Junction-based par- several months. I owe a debt of grati- MESSAGES FROM THE HOUSE ents own the restaurant, says quality ingre- tude to a great many doctors, nurses, At 2:22 p.m., a message from the dients are a priority—he even deveins and therapists who brought me through House of Representatives, delivered by shrimp. Our refreshing late lunch included the darkest moments of my life and Mrs. Cole, one of its reading clerks, an- fresh spring rolls filled with crisp veggies, who are walking with me on the road nounced that the House has passed the savory coconut Tom Kha soup and saucy panang curry with chunks of vegetables. to recovery. following bills, in which it requests the Railroad Street in downtown St. I am blessed to work with profes- concurrence of the Senate: Johnsbury is home to several dozen inde- sional and talented physical therapists H.R. 53. An act to authorize the Secretary pendently owned shops and restaurants. as I continue my recovery. Their con- of the Interior to enter into a long-term Moose River Lake and Lodge Store sells jew- fidence in my ability to improve is in- lease with the Government of the United elry with a Southwestern flair, Adirondack fectious, and my physical therapists States Virgin Islands to provide land on the and Amish-style furniture, fine wine kept in motivate me to work harder than I island of Saint John, Virgin Islands, for the a walk-in vault, art by illustrator Philip R. thought possible. I am confident that establishment of a school, and for other pur- Goodwin, quality sportswear and home poses. decor. with my hard work and the dedication H.R. 189. An act to establish the Paterson Scottie Raymond, formerly an employee at of my physical therapists, my potential Great Falls National Historical Park in the Outdoor Gear Exchange in Burlington, re- to improve is limitless. State of New Jersey and for other purposes. cently opened Kingdom Outdoors, which sells Throughout my career in the U.S. H.R. 523. An act to require the Secretary of technical outdoor wear and gear. Raymond House and Senate, I have strongly sup- the Interior to convey certain public land lo- inked the graffiti-style mural in the skate ported expanding access to all kinds of cated wholly or partially within the bound- shop and lounge downstairs. health care professionals. Physical aries of the Wells Hydroelectric Project of During the day, hit Dylan’s Caf for cre- therapists provide critical services to Public Utility District No. 1 of Douglas ative breakfast and lunch combinations, the County, Washington, to the utility district. newly opened Village Baker for artisan bread their patients. In a rural State like H.R. 767. An act to protect, conserve, and and pastries, or Boxcar and Caboose for cof- ours, where they may be the only pro- restore native fish, wildlife, and their nat- fee drinks and books. If you have time, check vider of these services in their commu- ural habitats at national wildlife refuges out PODO Shoes, the Northeast Kingdom Ar- nity, physical therapists greatly im- through cooperative, incentive-based grants

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27948 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 to control, mitigate, and eradicate harmful nounced that the House agrees to the purposes; to the Committee on Energy and nonnative species, and for other purposes. amendment of the Senate to the bill Natural Resources. H.R. 783. An act to modify the boundary of (H.R. 327) to amend title 38, United H.R. 1855. An act to authorize the Sec- Mesa Verde National Park, and for other States Code, to direct the Secretary of retary of the Interior, acting through the purposes. Bureau of Reclamation to enter into a coop- H.R. 813. An act to amend the Reclamation Veterans Affairs to develop and imple- erative agreement with the Madera Irriga- Wastewater and Groundwater Study and Fa- ment a comprehensive program de- tion District for purposes of supporting the cilities Act to authorize the Secretary of the signed to reduce the incidence of sui- Madera Water Supply Enhancement Project; Interior to participate in the Prado Basin cide among veterans. to the Committee on Energy and Natural Re- Natural Treatment System Project, to au- f sources. thorize the Secretary to carry out a program H.R. 2197. An act to modify the boundary of to assist agencies in projects to construct re- MEASURES REFERRED the Hopewell Culture National Historical gional brine lines in California, to authorize The following bills were read the first Park in the State of Ohio, and for other pur- the Secretary to participate in the Lower poses; to the Committee on Energy and Nat- Chino Dairy Area desalination demonstra- and the second times by unanimous ural Resources. tion and reclamation project, and for other consent, and referred as indicated: H.R. 3775. An act to support research and purposes. H.R. 53. An act to authorize the Secretary development of new and industrial processes H.R. 830. An act to authorize the exchange of the Interior to enter into a long-term and technologies that optimize energy effi- of certain interests in land in Denali Na- lease with the Government of the United ciency and environmental performance, uti- tional Park in the State of Alaska. States Virgin Islands to provide land on the lize diverse sources of energy, and increase H.R. 1205. An act to reauthorize the Coral island of Saint John, Virgin Islands, for the economic competitiveness; to the Committee Reef Conservation Act of 2000, and for other establishment of a school, and for other pur- on Energy and Natural Resources. purposes. poses; to the Committee on Energy and Nat- H.R. 3776. To provide for research, develop- H.R. 1337. An act to provide for a feasi- ural Resources. ment, and demonstration programs in ad- bility study of alternatives to augment the H.R. 189. An act to establish the Paterson vanced energy storage systems for electric water supplies of the Central Oklahoma Mas- Great Falls National Park in the State of drive vehicles, stationary applications, and ter Conservancy District and cities served by New Jersey; to the Committee on Energy electricity transmission and distribution ap- the District. and Natural Resources. plications, to support the ability of the H.R. 1462. An act to authorize the Sec- H.R. 523. An act to require the Secretary of United States to remain globally competi- retary of the Interior to participate in the the Interior to convey certain public land lo- tive in this field, and to promote the effi- implementation of the Platte River Recov- cated wholly or partially within the bound- cient delivery and use of energy; to the Com- ery Implementation Program for Endangered aries of the Wells Hydroelectric Project of mittee on Energy and Natural Resources. Species in the Central and Lower Platte Public Utility District No.1 of Douglas Coun- f River Basin and to modify the Pathfinder ty, Washington, to the utility district; to the Dam and Reservoir. Committee on Energy and Natural Re- MEASURES PLACED ON THE H.R. 1803. An act to direct the Secretary of sources. CALENDAR the Interior to conduct a feasibility study to H.R. 767. An act to protect, conserve, and design and construct a four reservoir intertie restore native fish, wildlife, and their nat- The following bills were read the first system for the purposes of improving the ural habitats at national wildlife refuges and second times by unanimous con- water storage opportunities, water supply re- through cooperative, incentive-based grants sent, and placed on the calendar: liability, and water yield of San Vicente, El to control, mitigate, and eradicate harmful H.R. 1337. An act to provide for a feasi- Capitan, Murray, and Loveland Reservoirs in nonnative species, and for other purposes; to bility study of alternatives to augment the San Diego County, California in consultation the Committee on Energy and Natural Re- water supplies of the Central Oklahoma Mas- and cooperation with the City of San Diego sources. ter Conservancy District and cities served by and the Sweetwater Authority, and for other H.R. 813. An act to amend the Reclamation the District. purposes. Wastewater and Groundwater Study and Fa- H.R. 2094. An act to provide for certain ad- H.R. 1855. An act to authorize the Sec- cilities Act to authorize the Secretary of the ministrative and support services for the retary of the Interior, acting through the Interior to participate in the Prado Basin Dwight D. Eisenhower Memorial Commis- Bureau of Reclamation to enter into a coop- Natural Treatment System Project, to au- sion, and for other purposes. erative agreement with the Madera Irriga- thorize the Secretary to carry out a program f tion District for purposes of supporting the to assist agencies in projects to construct re- Madera Water Supply Enhancement Project. gional brine lines in California, to authorize MEASURES READ THE FIRST TIME H.R. 2094. An act to provide for certain ad- the Secretary to participate in the Lower The following bills were read the first ministrative and support services for the Chino Dairy Area desalination demonstra- Dwight D. Eisenhower Memorial Commis- tion and reclamation project, and for other time: sion, and for other purposes. purposes; to the Committee on Energy and S. 2216. A bill to amend the Internal Rev- H.R. 2197. An act to modify the boundary of Natural Resources. enue Code of 1986 to extend the Indian em- the Hopewell Culture National Historical H.R. 830. An act to authorize the exchange ployment credit and the depreciation rules Park in the State of Ohio, and for other pur- of certain interests in land in Denali Na- for property used predominantly within an poses. tional Park in the State of Alaska; to the Indian reservation. H.R. 3564. An act to amend title 5, United Committee on Energy and Natural Re- S. 2217. A bill to amend the Internal Rev- States Code, to authorize appropriations for sources. enue Code of 1986 to extend the taxable in- the Administrative Conference of the United H.R. 1205. An act to reauthorize the Coral come limit on percentage depletion for oil States through fiscal year 2011, and for other Reef Conservation Act of 2000, and for other and natural gas produced from marginal purposes. purposes; to the Committee on Commerce, properties. H.R. 3775. An act to support research and Science, and Transportation. f development of new industrial processes and H.R. 1462. An act to authorize the Sec- technologies that optimize energy efficiency retary of the Interior to participate in the PETITIONS AND MEMORIALS and environmental performance, utilize di- implementation of the Platte River Recov- verse sources of energy, and increase eco- The following petitions and memo- ery Implementation Program for Endangered rials were laid before the Senate and nomic competitiveness. Species in the Central and Lower Platte H.R. 3776. An act to provide for research, River Basin and to modify the Pathfinder were referred or ordered to lie on the development, and demonstration programs Dam and Reservoir; to the Committee on En- table as indicated: in advanced storage systems for electric ergy and Natural Resources. POM–235. A resolution adopted by the drive vehicles, stationary applications, and H.R. 1803. An act to direct the Secretary of Board of County Commissioners of Miami- electricity transmission and distribution ap- the Interior to conduct a feasibility study to Dade County of the State of Florida com- plications, to support the ability of the design and construct a four reservoir intertie mending the Florida officials who provided United States to remain globally competi- system for the purposes of improving the for the installation of guardrails along bod- tive in this field, and to promote the effi- water storage opportunities, water supply re- ies of water and in roadway medians; to the cient delivery and use of energy. liability, and water yield of San Vicente, El Committee on Commerce, Science, and Capitan, Murray, and Loveland Reservoirs in Transportation. At 5:04 p.m., a message from the San Diego County, California in consultation POM–236. A resolution adopted by the House of Representatives, delivered by and cooperation with the City of San Diego Board of County Commissioners for Miami- Mrs. Cole, one of its reading clerks, an- and the Sweetwater Authority, and for other Dade County of the State of Florida urging

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27949 the Florida Legislature to designate West sulted in a loss of fruit and vegetable farm- Whereas, most marine vessels use high Flagler Street from 13 Avenue to 14 Avenue ers as well as a decrease in the acreage of emitting diesel bunker fuel, a low quality pe- as Father Emilio Vallina Avenue; to the specialty crop farmland used for farming na- troleum, high in sulfur, that is capable of Committee on Commerce, Science, and tionwide. At the current rate, Michigan will producing approximately 50 times more Transportation. lose 15 percent of its agricultural land by haze-forming pollutants than the dirtiest POM–237. A resolution adopted by the 2040, including 25 percent of the acreage used trucks on our nation’s highways; and Iberville Parish Council of the State of Lou- to grow fruit and 36 percent of the acreage Whereas, bunker fuel used by marine ves- isiana urging Congress to vote in favor of used to grow dry beans. The Michigan House sels contains, on average, 27,000 parts per H.R. 1229, the ‘‘Non-Market Economy Trade of Representatives supports the federal gov- million (ppm) of sulfur, compared to the 15 Remedy Act of 2007’’; to the Committee on ernment encouraging and providing pro- ppm of sulfur allowed in diesel fuel used by Finance. grams and assistance to farm operations heavy-duty trucks in the U.S.; and POM–238. A resolution adopted by the that grow fruits and vegetables including but Whereas, the pollutants emitted from Edina City Council of the State of Minnesota not limited to asparagus, cherries, apples, burning bunker fuel cause environmental endorsing the United Nations principle of the carrots, beets, lettuce, celery, squash, pota- problems such as smog, soot, acid rain and Responsibility to Protect; to the Committee toes, peppers, pumpkins etc: Now, therefore, global climate change, as well as damaging on Foreign Relations. be it health effects such as asthma and cancer—as POM–239. A resolution adopted by the Resolved by the House of Representatives, reported by the California Air Resource Gretna City Council of the State of Lou- That we encourage Congress and the United Board’s Emission Reduction Plan for Ports isiana expressing its support for the imple- States Department of Agriculture to imple- and Goods Movement, air pollution from mentation of legislation that would improve ment food policies that promote healthy California’s ports is the cause of 750 pre- and eliminate barriers contained in the No food, farms, and communities by encour- mature deaths each year; and Child Left Behind Act of 2001; to the Com- aging local production of fruits and vegeta- Whereas, in 2006, Maersk, Inc., which oper- mittee on Health, Education, Labor, and bles by specialty crop farmers; and be it fur- ates the largest container terminal in the Pensions. ther Los Angeles harbor, voluntarily switched all POM–240. A resolution adopted by the Resolved, That copies of this resolution be 37 of its cargo ships to low-sulfur fuel, prov- House of Representatives of the State of transmitted to the President of the United ing that it is feasible for marine vessels to Michigan urging Congress to implement food States Senate, the Speaker of the United use environmentally safer fuels, and policies that promote healthy food, farms, States House of Representatives, the Sec- Whereas, the U.S. Environmental Protec- and communities by encouraging local pro- retary of the United States Department of tion Agency (EPA) announced a delay until duction of fruits and vegetables by specialty Agriculture, and the members of the Michi- December 2009 to adopt new emission and crop farmers; to the Committee on Agri- gan congressional delegation. fuel regulations for big ocean ship propulsion culture, Nutrition, and Forestry. engines and there is no assurance that the HOUSE RESOLUTION NO. 156 POM–241. A resolution adopted by the Cali- rules will be adopted by then or that they Whereas, the federal Farm Bill tradition- fornia State Lands Commission expressing will be strict enough to significantly reduce ally provides crop subsidies to corn, wheat, its support for legislation which would re- air pollution; and soybean, and cotton farmers, and less than 40 duce pollution from marine vessels that use Whereas, the United Nations International percent of all United States farmers and the nation’s ports; to the Committee on En- Maritime Organization has before it a pro- ranchers actually receive any kind of sub- vironment and Public Works. posal, supported by the EPA, World Shipping sidy from the federal government. However, RESOLUTION Council, Pacific Maritime Shipping Associa- there are many different kinds of farmers, Whereas, California’s 1,100 mile coastline, tion, and U.S. Coast Guard, to develop, both in Michigan and nationwide, growing with its beautiful beaches, wild cliffs, abun- among other things, stringent new standards nutritious and affordable fruits and vegeta- dant fish stocks and fragile environment is a on sulfur content in fuel used by marine ves- bles that are vital to the health and well- national treasure and a valuable state re- sels; however, it is uncertain if enough na- being of Americans. Government support source, which is at the heart of a tourist in- tions will support this proposal; and must emphasize nutritious, affordable, and dustry that generates nearly five billion dol- Whereas, the Marine Vessel Emissions Re- locally available foods; and lars in state and local taxes each year; and is duction Act bill, introduced by Senators Whereas, the Farm Security and Rural In- central to the state’s $46 billion ocean econ- Boxer and Feinstein through S. 1499, and vestment Act of 2002 (the 2002 Farm Bill) en- omy; and Congresswoman Solis through H.R. 2548, courages institutions participating in the Whereas, the California State Lands Com- seeks to regulate the emissions of domestic school lunch program to purchase locally mission has jurisdiction over the state- and foreign-flagged marine vessels entering produced foods for school meals. While the owned tide and submerged lands below the or leaving U.S. ports or offshore terminals; real price of fruits and vegetables has in- mean high tide line out to three miles from and creased by 40 percent since 1985, the cost of the coast as well as the lands underlying Whereas, specifically, the Marine Vessel junk foods and sodas has declined by as California’s bays, lakes, and rivers; and Emissions Reduction Act, if passed, will much as 20 percent. We need to encourage Whereas, the Commission is charged with mandate the EPA to set limits on the sulfur the choice of fresh fruits and vegetables by managing these lands pursuant to the Public content of fuel used by these vessels, if they purchasing locally grown produce and other Trust Doctrine, common law that requires are within a certain distance from the coast foods, thereby supporting local farmers and these lands to be used for commerce, fishing, (for the west coast, it is 200 miles), to no benefiting students in need of high quality, navigation, recreation, and environmental more than 1,000 ppm beginning December nutritious food products. However, the protection; and 31,2010, unless the EPA determines that such USDA continues to discourage efforts by Whereas, the impacts of air pollution af- a limit is not technically feasible, in which schools and other institutions to develop fect the public trust values of the lands case there will be an interim limit of 2,000 these important programs. The USDA claims under the Commission’s jurisdiction and the ppm; and that 7 CFR 3016.60(c) clearly prohibits the utility of these lands to the public, future Whereas, the Marine Vessel Emissions Re- use of state or local geographic preferences generations, and the environment; and duction Act, if passed, will also mandate the and that all purchases are to be made com- Whereas, most commercial goods imported EPA to establish standards for new and in- petitively; and to the United States come through our na- use engines in marine vessels that will re- Whereas, the Community Food Projects, a tion’s ports by means of marine vessels; and quire the maximum degree of emission re- federally funded program designed to fight Whereas, California is home to the busiest duction for PM, NOx, hydrocarbons, and car- food insecurity through development of local ports in the nation, with large volumes of bon monoxide achievable by no later than food projects, promotes self-sufficiency of international goods entering through the January 1, 2012; therefore, be it low-income communities. Grants from this Ports of Los Angeles, Long Beach, and Oak- Resolved by the California State Lands Com- program support urban nonprofits and urban land, which rank as the first, second, and mission, that it supports the Marine Vessel residents in growing fresh vegetables in their fourth busiest ports in the country, respec- Emissions Reduction Act (S. 1499 and H.R. neighborhoods. Funding is also used to pro- tively; and 2548), which would reduce the emissions of vide entrepreneurship training to urban Whereas, in 2004, 1,900 ships visited Califor- air pollutants from marine vessels, including farmers, again encouraging local specialty nia’s ports, 87% of which were foreign ves- foreign-flagged vessels, entering or leaving crop farmers in Michigan. However, main- sels, and it is estimated that freight volume U.S. ports or offshore terminals; and be it taining current funding for the Community will more than double in the Los Angeles re- further Food Projects is important to promoting gion over the next 20 years; and Resolved, That the Commission’s Executive healthy, locally grown foods in low-income Whereas, marine vessels at California’s Officer transmit copies of this resolution to communities; and ports emit large amounts of diesel particu- the President and Vice President of the Whereas, the emphasis on traditional crops late matter (PM), nitrogen oxides (NOx), and United States, to the Governor of California, in the allocation of farm subsidies has re- sulfur oxides (SOx), and to the Majority and Minority Leaders of the

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.001 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27950 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 United States Senate, to the Speaker and 32 and 35 mpg by 2022—an increase of as States House of Representatives, and the Minority Leader of the United States House much as 40 percent over current fuel econ- members of the Michigan congressional dele- of Representatives, to the Chairs and Rank- omy standards—and requires vehicle fuel gation. ing Minority Members of the Senate Com- economy to be increased to the maximum mittee on Environment and Public Works, feasible level in the years leading up to 2022; POM–244. A resolution adopted by the Sen- the House Committee on Energy and Com- and ate of the State of Michigan urging Congress merce, and to each Senator and Representa- Whereas, H.R. 2927, while challenging, will to extend the H2B returning worker exemp- tive from California in the Congress of the provide automakers more reasonable lead tion permanently; to the Committee on the United States. time to implement technology changes in Judiciary. both the near and long term. Model year 2008 SENATE RESOLUTION NO. 96 POM–242. A resolution adopted by the vehicles are already available today, and Whereas, seasonal workers are a key com- House of Representatives of the State of product and manufacturing planning is done ponent of our state’s and our nation’s tour- Michigan urging Congress to address the re- through Model Year 2012. H.R. 2927 recog- ism and recreation industries. Annually, cent approval of increased pollution by Brit- nizes the critical need for engineering lead thousands of young men and women use sea- ish Petroleum into the Great Lakes; to the times necessary for manufacturers to make sonal employment to begin their journey on Committee on Environment and Public significant changes to their fleets; and the path to a career. Many tourism areas, Works. Whereas, H.R. 2927 respects consumer however, do not have the populations nec- essary to fill all the seasonal jobs available. HOUSE RESOLUTION NO. 172 choice by protecting the important func- tional differences between passenger cars In Michigan, for example, world-renowned Whereas, Lake Michigan is a national and light trucks/SUVs. Last year, 2006, was Mackinac Island hires up to 4,500 seasonal treasure and a vital natural resource shared the sixth year in a row that Americans workers each year. Its 500 year-around resi- by four states in trust for the entire nation. bought more trucks, minivans, and SUVs dents cannot begin to supply the workforce Lake Michigan is a drinking water source for than passenger cars, because they value at- necessary for peak-season employment lev- millions of people and a recreational haven tributes such as passenger and cargo load ca- els; and for swimming, fishing, and boating in all the pacity, four-wheel drive, and towing capa- Whereas, foreign workers supplement the states. Tourism and recreation based around seasonal staff needs in a host of our tourism bility that most cars are not designed to pro- Lake Michigan are worth billions of dollars and recreation destinations. Many of these vide; and each year to these states’ economies; and employees are in our country under the H2B Whereas, while some would like fuel econ- Whereas, Michigan and the other states visa program; and omy increases to be much more aggressive bordering Lake Michigan rely on the federal Whereas, all workers under the H2B visa and be implemented with much less lead Clean Water Act to limit polluted discharges program are here legally, are tracked by the time, Corporate Average Fuel Economy originating from other states. Pollution federal government to ensure they are doing (CAFE) standards must be set at levels and originating from any state can negatively af- the work their visa is intended for, and are in time frames that do not impose economic fect the public health and economy of the paid under federally prescribed wage scales; harm on the manufacturers, suppliers, deal- other states that use Lake Michigan water. and ers, and others in the auto industry; and Improving and preserving Lake Michigan’s Whereas, Congress took action to help al- Whereas, proponents of unrealistic and un- water quality are imperative to support the leviate problems with the H2B visa program attainable CAFE standards cite Europe’s 35 many uses of its water; and by capping the number of visas available at mpg fuel economy, without ever mentioning Whereas, despite provisions in the federal 66,000, but also exempting workers who al- Europe’s $6 per gallon gasoline prices, the Clean Water Act that prohibit degradation of ready held an H2B visa. This action ensures high sales of diesel vehicles, the high propor- that there is enough of a workforce available water quality, the Indiana Department of tion of Europeans driving manual trans- for those industries that depend on seasonal Environmental Management approved, and mission vehicles (80 percent in Europe vs. 8 workers; and the United States Environmental Protection percent in the U.S.), the significant dif- Whereas, there is a sunset in the law on Agency concurred with, a permit that allows ferences in the size mix of vehicles, or that the federal level that would remove the re- the British Petroleum (BP) refinery in Whit- trucks and SUVs are virtually nonexistent turning worker exemption. As of September ing, Indiana, to increase significantly the among Europe households; and 30, 2007, every returning worker will again be dumping of industrial pollutants into Lake Whereas, proponents of unreasonable considered a new worker and be forced to Michigan. These discharges threaten other CAFE standards claim they will save con- apply under the 66,000 visa limit. This cap uses of Lake Michigan water and are incon- sumers billions, but they neglect to talk had been reached for each of the previous few sistent with regional efforts to clean up the about the upfront costs of such changes to years before Congress took action, just as Great Lakes; and the manufacturers of meeting unduly strict the national economy has surged and more Whereas, this decision sets a poor prece- CAFE standards—more than $100 billion, ac- and more people are traveling. The cap also dent for the future. States could approve in- cording to the National Highway Traffic distorted hiring patterns across the nation, creased pollution discharges to interstate Safety Administration—which will lead to as employers are forced to put on workers waters for industries that economically ben- vehicle price increases of several thousand far beyond service needs to help assure that efit that state at the expense of other states they will have the employees they need when dollars; and that rely on that water: Now, therefore, be it their season begins; and Whereas, proponents of unrealistic CAFE Resolved by the House of Representatives, Whereas, legislation has been introduced in standards ignore the potential safety im- That we urge the Congress of the United Congress to revise the H2B visa program. pacts of downsized vehicles on America’s States and the United States Environmental The measure would extend the H2B returning highways and overlook the historical role Protection Agency to address the recent ap- worker exemption by removing the sunset and critical importance of manufacturing proval of increased pollution by British Pe- language from current law. Clearly, this is plants to our national and economic secu- troleum into the Great Lakes; and be it fur- an issue that needs prompt action: Now, rity. They seem unconcerned about threats ther therefore, be it to the 7.5 million jobs that are directly and Resolved, That copies of this resolution be Resolved by the Senate, That we memori- indirectly dependent on a vibrant auto in- transmitted to the President of the United alize the Congress of the United States to dustry in the United States. They also seem States Senate, the Speaker of the United continue exempting returning workers al- unconcerned about maintaining CAFE rules States House of Representatives, the mem- lowed into this country under the H2B visa that require the continuance of small car bers of the Michigan congressional delega- program by passing H.R. 1843; and be it fur- production in the United States; and tion, and the Administrator of the United ther Whereas, H.R. 2927 is a reasonable bill that Resolved, That copies of this resolution be States Environmental Protection Agency. balances a number of important public pol- transmitted to the President of the United icy concerns. The bill represents a tough but States Senate, the Speaker of the United POM–243. A resolution adopted by the fair compromise that deserves serious con- States House of Representatives, and the House of Representatives of the State of sideration and support: Now, therefore, be it Michigan congressional delegation. Michigan urging Congress to enact H.R. 2927, Resolved by the House of Representatives, which responsibly balances achievable fuel That we memorialize the United States Con- POM–245. A resolution adopted by the economy increases with important economic gress to enact H.R. 2927, which responsibly House of Representatives of the State of and social concerns; to the Committee on balances achievable fuel economy increases Michigan urging Congress to continue ex- Environment and Public Works. with important economic and social con- empting returning workers from the cap on HOUSE RESOLUTION NO. 165 cerns, including consumer demand; and be it H2B visas; to the Committee on the Judici- Whereas, H.R. 2927 sets tough fuel economy further ary. standards without off ramps or loopholes, by Resolved, That copies of this resolution be HOUSE RESOLUTION NO. 183 requiring separate car and truck standards transmitted to the President of the United Whereas, seasonal workers are an essential to meet a total fleet fuel economy between States Senate, the Speaker of the United component of the tourism and recreational

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.002 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27951 industries of our state and nation. Even the world in combat. The wounds and ill- ployment credit and the depreciation rules though thousands of young people use sea- nesses that they may endure as the result of for property used predominantly within an sonal employment to begin their journey on this service in our defense could affect them Indian reservation; read the first time. the path to a career, many tourism areas do for a lifetime. It is our responsibility as a na- By Mr. INHOFE (for himself and Mr. not have the populations necessary to fill all tion to honor their service and sacrifice by ROBERTS): the seasonal jobs available. In Michigan, for doing all we can to restore their health and S. 2217. A bill to amend the Internal Rev- example, Mackinac Island hires up to 4,500 opportunities in civilian life; and enue Code of 1986 to extend the taxable in- seasonal workers each year. The island’s 500 Whereas, beginning January 17, 2003, vet- come limit on percentage depletion for oil year-round residents cannot supply the erans with income above certain levels and and natural gas produced from marginal workforce necessary for peak season employ- who have no service-connected disability properties; read the first time. ment levels; and have been ineligible for Department of Vet- By Mr. ROBERTS: Whereas, foreign workers supplement the erans Affairs (VA) medical care. These Pri- S. 2218. A bill to provide for the award of a seasonal staff needs in a host of our tourism ority 8 category veterans may lack other military service medal to members of the and recreation destinations. Many of these sources of health care, and so ineligibility Armed Forces who were exposed to ionizing employees are in our country under the H2B for VA health care could be a threat to their radiation as a result of participation in a visa program; and long-term health. Even veterans without evi- test of atomic weapons; to the Committee on Whereas, all workers under the H2B visa dent war-related injuries or illnesses could Armed Services. program are here legally, are tracked by the have hidden health issues that can evolve By Mr. DURBIN (for himself, Mr. federal government to ensure they are doing into serious problems. Infections or viruses AKAKA, Ms. STABENOW, Mrs. BOXER, the work prescribed under their visa, and are from serving in foreign lands might not re- and Mr. OBAMA): paid under federally prescribed wage scales; veal themselves until later in life. In addi- S. 2219. A bill to amend title XVIII of the and tion, veterans with combat wounds such as Social Security Act to deliver a meaningful Whereas, according to the Michigan Travel traumatic brain injury (TSI) from blast ef- benefit and lower prescription drug prices Commission, the travel and tourism industry fects or post-traumatic stress disorder under the Medicare Program; to the Com- is a $17.5 billion industry in the state of (PTSD) may not display symptoms for years. mittee on Finance. Michigan, contributing $971 million annually Without early access to the VA healthcare By Mr. AKAKA (for himself, Mr. to the state treasury. This industry is de- system, veterans may not have the benefits INOUYE, and Mr. MARTINEZ): pendent upon seasonal workers in order to do of medical monitoring and early interven- S. 2220. A bill to amend the Outdoor Recre- business; and tion in developing health issues; and ation Act of 1963 to authorize certain appro- Whereas, recently, the Congress of the Whereas, Congress has before it two bills priations; to the Committee on Energy and United States took action to help alleviate that would restore VA eligibility to these Natural Resources. problems with the H2B visa program by cap- Priority 8 veterans under current standards By Mr. GRASSLEY (for himself and ping the number of visas available at 66,000 with income levels too high and no service- Mr. SPECTER): but also exempting workers who already connected disability. In the House of Rep- S. 2221. A bill to amend title XVIII of the have H2B visas. This action ensured that resentatives, HR 463 would restore this eligi- Social Security Act to provide for the re- there is enough of a workforce available for bility, while in the Senate, S 1147 has been porting of sales price data for implantable those industries that depend on seasonal introduced. We owe it to our veterans to act medical devices; to the Committee on Fi- workers; and on this legislation to ensure that any long- nance. Whereas, currently, there is a sunset in the term problems that may not be currently f law at the federal level that would remove evident can be identified and treated in a ADDITIONAL COSPONSORS the returning worker exemption. As of Sep- timely manner. Providing quality health tember 30, 2007, every returning worker care is part of our duty as a nation to our S. 507 would again be considered a new worker and veterans, and there is no excuse for failing to At the request of Mr. CONRAD, the be forced to apply under the 66,000 visa limit. right this mistake: Now, therefore, be it names of the Senator from Minnesota This cap had been reached for each of the Resolved by the House of Representatives, (Mr. COLEMAN) and the Senator from previous few years before Congress took ac- That we memorialize the United States Con- California (Mrs. BOXER) were added as tion, just as the national economy has gress to reestablish medical care for certain surged and more and more people are trav- veterans whose income and disability status cosponsors of S. 507, a bill to amend eling. This cap also distorted hiring patterns disqualified them for Department of Vet- title XVIII of the Social Security Act across the nation, as employers are forced to erans Affairs medical care as of January 17, to provide for reimbursement of cer- put on workers far beyond service needs to 2003; and be it further tified midwife services and to provide help assure that they will have the employ- Resolved, That copies of this resolution be for more equitable reimbursement ees they need when their season begins; and transmitted to the President of the United Whereas, legislation has been introduced in rates for certified nurse-midwife serv- States Senate, the Speaker of the United ices. the Congress of the United States to revise States House of Representatives, and the S. 719 the H2B visa program. The measure would members of the Michigan congressional dele- extend the H2B returning worker exemption gation. At the request of Mr. LAUTENBERG, by removing the sunset language from cur- the name of the Senator from New f rent law. Clearly, this is an issue that needs York (Mr. SCHUMER) was added as a co- prompt action: Now, therefore, be it REPORTS OF COMMITTEES sponsor of S. 719, a bill to amend sec- Resolved by the House of Representatives, That we memorialize the Congress of the The following reports of committees tion 10501 of title 49, United States United States to continue exempting return- were submitted: Code, to exclude solid waste disposal ing workers from the cap on H2B visas; and By Mr. LEAHY, from the Committee on from the jurisdiction of the Surface be it further the Judiciary, with an amendment in the na- Transportation Board. Resolved, That copies of this resolution be ture of a substitute and an amendment to S. 940 transmitted to the President of the United the title: At the request of Mr. BAUCUS, the States Senate, the Speaker of the United S. 1845. A bill to provide for limitations in name of the Senator from New York States House of Representatives, and the certain communications between the Depart- (Mr. SCHUMER) was added as a cospon- members of the Michigan congressional dele- ment of Justice and the White House Office gation. relating to civil and criminal investigations, sor of S. 940, a bill to amend the Inter- and for other purposes (Rept. No. 110–203). nal Revenue Code of 1986 to perma- POM–246. A resolution adopted by the nently extend the subpart F exemption f House of Representatives of the State of for active financing income. Michigan urging Congress to reestablish INTRODUCTION OF BILLS AND S. 961 medical care for certain veterans whose in- JOINT RESOLUTIONS come and disability status disqualified them At the request of Mr. NELSON of Ne- for medical care as of January 17, 2003; to the The following bills and joint resolu- braska, the name of the Senator from Committee on Veterans’ Affairs. tions were introduced, read the first New Hampshire (Mr. SUNUNU) was HOUSE RESOLUTION NO. 175 and second times by unanimous con- added as a cosponsor of S. 961, a bill to Whereas, we have been at war for nearly sent, and referred as indicated: amend title 46, United States Code, to six years since the September 11th terrorist By Mr. INHOFE: provide benefits to certain individuals attacks on our soil. During this time, Amer- S. 2216. A bill to amend the Internal Rev- who served in the United States mer- ican military personnel have served around enue Code of 1986 to extend the Indian em- chant marine (including the Army

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.002 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27952 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007

Transport Service and the Naval AKAKA) was added as a cosponsor of S. OBAMA) was added as a cosponsor of S. Transport Service) during World War 1616, a bill to amend the Clean Air Act 2136, a bill to address the treatment of II, and for other purposes. to promote and assure the quality of primary mortgages in bankruptcy, and S. 972 biodiesel fuel, and for other purposes. for other purposes. At the request of Mr. LAUTENBERG, S. 1718 S. 2160 the name of the Senator from Con- At the request of Mr. BROWN, the At the request of Mr. AKAKA, the necticut (Mr. DODD) was added as a co- name of the Senator from Missouri name of the Senator from Maryland sponsor of S. 972, a bill to provide for (Mrs. MCCASKILL) was added as a co- (Ms. MIKULSKI) was added as a cospon- the reduction of adolescent pregnancy, sponsor of S. 1718, a bill to amend the sor of S. 2160, a bill to amend title 38, HIV rates, and other sexually trans- Servicemembers Civil Relief Act to United States Code, to establish a pain mitted diseases, and for other purposes. provide for reimbursement to care initiative in health care facilities S. 982 servicemembers of tuition for pro- of the Department of Veterans Affairs, At the request of Mrs. MURRAY, her grams of education interrupted by and for other purposes. name was added as a cosponsor of S. military service, for deferment of stu- S. 2162 dents loans and reduced interest rates 982, a bill to amend the Public Health At the request of Mr. AKAKA, the Service Act to provide for integration for servicemembers during periods of name of the Senator from North Caro- military service, and for other pur- of mental health services and mental lina (Mr. BURR) was added as a cospon- health treatment outreach teams, and poses. sor of S. 2162, a bill to improve the for other purposes. S. 1847 treatment and services provided by the S. 1200 At the request of Mr. DURBIN, the Department of Veterans Affairs to vet- At the request of Mr. DORGAN, the name of the Senator from Pennsyl- erans with post-traumatic stress dis- names of the Senator from New York vania (Mr. CASEY) was added as a co- order and substance use disorders, and (Mr. SCHUMER) and the Senator from sponsor of S. 1847, a bill to reauthorize for other purposes. Massachusetts (Mr. KERRY) were added the Consumer Product Safety Act, and S. 2166 as cosponsors of S. 1200, a bill to amend for other purposes. At the request of Mr. CASEY, the the Indian Health Care Improvement S. 1870 name of the Senator from Illinois (Mr. Act to revise and extend the Act. At the request of Mr. FEINGOLD, the DURBIN) was added as a cosponsor of S. S. 1375 name of the Senator from Washington 2166, a bill to provide for greater re- At the request of Mr. MENENDEZ, the (Ms. CANTWELL) was added as a cospon- sponsibility in lending and expanded name of the Senator from Illinois (Mr. sor of S. 1870, a bill to amend the Fed- cancellation of debts owed to the OBAMA) was added as a cosponsor of S. eral Water Pollution Control Act to United States and the international fi- 1375, a bill to ensure that new mothers clarify the jurisdiction of the United nancial institutions by low-income and their families are educated about States over waters of the United countries, and for other purposes. postpartum depression, screened for States. S. 2190 symptoms, and provided with essential S. 2004 services, and to increase research at At the request of Mrs. MURRAY, the At the request of Mr. ROCKEFELLER, the National Institutes of Health on name of the Senator from Arkansas the name of the Senator from Mary- postpartum depression. (Mrs. LINCOLN) was added as a cospon- land (Mr. CARDIN) was added as a co- S. 1395 sor of S. 2004, a bill to amend title 38, sponsor of S. 2190, a bill to amend title At the request of Mr. LEVIN, the United States Code, to establish epi- XVIII of the Social Security Act to name of the Senator from Rhode Island lepsy centers of excellence in the Vet- provide for the inclusion of barbitu- (Mr. WHITEHOUSE) was added as a co- erans Health Administration of the De- rates and bezodiazepines as covered sponsor of S. 1395, a bill to prevent un- partment of Veterans Affairs, and for part D drugs beginning in 2008. fair practices in credit card accounts, other purposes. S. 2205 and for other purposes. S. 2022 At the request of Mr. DURBIN, the S. 1413 At the request of Mr. JOHNSON, the name of the Senator from Vermont At the request of Ms. MIKULSKI, the name of the Senator from Wisconsin (Mr. LEAHY) was added as a cosponsor name of the Senator from Arkansas (Mr. FEINGOLD) was added as a cospon- of S. 2205, a bill to authorize the can- (Mrs. LINCOLN) was added as a cospon- sor of S. 2022, a bill to prohibit the clo- cellation of removal and adjustment of sor of S. 1413, a bill to provide for re- sure or relocation of any county office status of certain alien students who search and education with respect to of the Farm Service Agency until at are long-term United States residents uterine fibroids, and for other pur- least one year after the enactment of and who entered the United States as poses. an Act to provide for the continuation children, and for other purposes. S. 1445 of agricultural programs for fiscal AMENDMENT NO. 3364 At the request of Mrs. BOXER, her years after 2007. At the request of Mr. COLEMAN, the name was added as a cosponsor of S. S. 2087 name of the Senator from South Da- 1445, a bill to amend the Public Health At the request of Mr. DORGAN, the kota (Mr. JOHNSON) was added as a co- Service Act to direct the Secretary of name of the Senator from Arizona (Mr. sponsor of amendment No. 3364 in- Health and Human Services to estab- KYL) was added as a cosponsor of S. tended to be proposed to H.R. 3043, a lish, promote, and support a com- 2087, a bill to amend certain laws relat- bill making appropriations for the De- prehensive prevention, research, and ing to Native Americans to make tech- partments of Labor, Health and Human medical management referral program nical corrections, and for other pur- Services, and Education, and related for hepatitis C virus infection. poses. agencies for the fiscal year ending Sep- S. 1553 S. 2128 tember 30, 2008, and for other purposes. At the request of Mrs. FEINSTEIN, the At the request of Mr. SUNUNU, the AMENDMENT NO. 3376 name of the Senator from Washington name of the Senator from Kentucky At the request of Mr. DURBIN, his (Ms. CANTWELL) was added as a cospon- (Mr. BUNNING) was added as a cosponsor name was added as a cosponsor of sor of S. 1553, a bill to provide addi- of S. 2128, a bill to make the morato- amendment No. 3376 proposed to H.R. tional assistance to combat HIV/AIDS rium on Internet access taxes and mul- 3043, a bill making appropriations for among young people, and for other pur- tiple and discriminatory taxes on elec- the Departments of Labor, Health and poses. tronic commerce permanent. Human Services, and Education, and S. 1616 S. 2136 related agencies for the fiscal year end- At the request of Mr. DURBIN, the At the request of Mr. DURBIN, the ing September 30, 2008, and for other name of the Senator from Hawaii (Mr. name of the Senator from Illinois (Mr. purposes.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.002 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27953 AMENDMENT NO. 3387 members of the Armed Forces who A report released today by the Medi- At the request of Mr. DEMINT, the were exposed to ionizing radiation as a care Rights Center, with the support of name of the Senator from Wyoming result of participation in a test of Consumers Union, identifies the prob- (Mr. ENZI) was added as a cosponsor of atomic weapons; to the Committee on lems this decision to rely exclusively amendment No. 3387 proposed to H.R. Armed Services. on private drug plans has created. 3043, a bill making appropriations for Mr. ROBERTS. Mr. President, I want Seniors are having trouble identi- the Departments of Labor, Health and to take a moment to honor those vet- fying which of the dozens of private Human Services, and Education, and erans who have served their Nation as drug plans works best for them. Any- related agencies for the fiscal year end- quiet heroes. These quiet heroes, other- one who has visited a senior center or ing September 30, 2008, and for other wise known as Atomic Veterans, were spoken with an elderly relative knows purposes. exposed unknowingly to ionizing radi- that the complexity of the drug benefit AMENDMENT NO. 3396 ation resulting from atomic testing has created much confusion. At the request of Mr. GRASSLEY, the conducted between 1945–1963. Each drug plan has its own premium, name of the Senator from Vermont Sacrifice in the service of your coun- cost-sharing requirements, list of cov- (Mr. SANDERS) was added as a cospon- try can take many different forms. We ered drugs, and pharmacy network. sor of amendment No. 3396 proposed to see it everyday in our military efforts After you have identified the right H.R. 3043, a bill making appropriations in Iraq and Afghanistan. We see it in drug plan, you have to go through the for the Departments of Labor, Health the hospital beds of Walter Reed and whole process again at the end of the and Human Services, and Education, VA hospitals nationwide. It is our duty year because your plan may have and related agencies for the fiscal year as Americans, to honor the sacrifice changed the drugs it covers or added ending September 30, 2008, and for made by our Nation’s servicemembers. new restrictions on how to access cov- other purposes. In the case of the Atomic Veterans, ered drugs. AMENDMENT NO. 3400 sacrifice was not necessarily something Medicare beneficiaries often cannot At the request of Mr. CARDIN, the that happened on the battlefield, nor obtain the drugs they need because names of the Senator from Michigan on the navel fleet. The price that many they are trapped in an appeals process (Mr. LEVIN) and the Senator from Atomic Veterans paid came due after that the Medicare Rights Center calls Maryland (Ms. MIKULSKI) were added as their years of military service, when ‘‘hopelessly dysfunctional.’’ Drug plans cosponsors of amendment No. 3400 pro- enduring mysterious cancers and other often do not tell beneficiaries that they posed to H.R. 3043, a bill making appro- medical conditions related to their ex- can appeal a drug plan’s decision to priations for the Departments of posure to ionizing radiation. Their deny coverage of a drug, even though Labor, Health and Human Services, fight continues and the time is long they are required to do so. Bene- and Education, and related agencies for overdue to recognize what, for some, ficiaries who do appeal soon find that the fiscal year ending September 30, has become the ultimate sacrifice. it is a long and difficult process. 2008, and for other purposes. In recognition of the silent sacrifices The complexity of the Medicare drug AMENDMENT NO. 3440 made by these American heroes, I am benefit also has made beneficiaries At the request of Mr. BINGAMAN, the introducing the Atomic Veterans more vulnerable to aggressive and de- names of the Senator from Maine (Ms. Medal Act. It is the Senate companion ceptive marketing practices. Some in- SNOWE), the Senator from Montana to H.R. 3471, offered by my colleague, surers try to steer seniors into more (Mr. BAUCUS), the Senator from Massa- Congressman TODD TIAHRT, in the profitable Medicare Advantage plans. chusetts (Mr. KERRY), the Senator from House. We owe a debt of gratitude to Some seniors have been signed up for Connecticut (Mr. LIEBERMAN), the Sen- brave Americans who have worn the Medicare Advantage plans without ator from Michigan (Ms. STABENOW), uniform. It is my hope that this meas- their knowledge, and, unfortunately, the Senator from Ohio (Mr. BROWN), ure helps to show the respect and honor there have also been unscrupulous in- the Senator from Missouri (Mrs. these Atomic Veterans deserve. surance agents who have misrepre- MCCASKILL) and the Senator from sented what benefits would be covered. Michigan (Mr. LEVIN) were added as co- By Mr. DURBIN (for himself, Mr. Adding to the frustration with the sponsors of amendment No. 3440 pro- AKAKA, Ms. STABENOW, Mrs. program so far is accumulating evi- posed to H.R. 3043, a bill making appro- BOXER, and Mr. OBAMA): dence that private drug plans have not priations for the Departments of S. 2219: A bill to amend title XVIII of been effective negotiators, which Labor, Health and Human Services, the Social Security Act to deliver a means seniors end up paying more than and Education, and related agencies for meaningful benefit and lower prescrip- they should. the fiscal year ending September 30, tion drug prices under the Medicare Drug prices are higher in private 2008, and for other purposes. Program; to the Committee on Fi- Medicare drug plans than drug prices At the request of Ms. LANDRIEU, her nance. available through the Veterans Admin- name was added as a cosponsor of Mr. DURBIN. Mr. President, nearly 4 istration, Medicaid, and other coun- amendment No. 3440 proposed to H.R. years have passed since Congress en- tries like Canada. 3043, supra. acted the Medicare Modernization Act. A report by the House Oversight and AMENDMENT NO. 3447 Adding a prescription drug benefit to Government Reform Committee esti- At the request of Mr. SMITH, the Medicare was long overdue, and many mated that taxpayers and Medicare name of the Senator from Illinois (Mr. senior citizens and people with disabil- beneficiaries would have saved almost DURBIN) was added as a cosponsor of ities are relieved to finally have drug $15 billion in 2007 if administrative ex- amendment No. 3447 intended to be pro- coverage. penses in the drug program were as low posed to H.R. 3043, a bill making appro- But the drug benefit was not struc- as the traditional government-run priations for the Departments of tured like the rest of Medicare. For all Medicare program and if drug prices Labor, Health and Human Services, other Medicare benefits, seniors can were the same as Medicaid levels. and Education, and related agencies for choose whether to receive benefits di- It should come as no surprise then the fiscal year ending September 30, rectly through Medicare or through a that the average beneficiary who stays 2008, and for other purposes. private insurance plan. The over- in their current Medicare drug plan f whelming majority choose the Medi- will see their monthly premiums in- care-run option for their hospital and crease 21 percent in 2008. STATEMENTS ON INTRODUCED physician coverage. Today, I am introducing the Medi- BILLS AND JOINT RESOLUTIONS No such choice is available for pre- care Prescription Drug Savings and By Mr. ROBERTS: scription drugs. Medicare beneficiaries Choice Act. The bill would create a S. 2218. A bill to provide for the must enroll in a private insurance plan Medicare-operated drug plan that award of a military service medal to to obtain drug coverage. would compete with private drug plans

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.002 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27954 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 and would require the Health and ‘‘(b) NEGOTIATIONS.—Notwithstanding sec- comparative effectiveness, safety, and en- Human Services Secretary to negotiate tion 1860D–11(i), for purposes of offering a hanced compliance with a drug regimen; with drug companies to lower drug medicare operated prescription drug plan ‘‘(iii) use the same classes of drugs devel- prices. under this section, the Secretary shall nego- oped by United States Pharmacopeia for this tiate with pharmaceutical manufacturers part; This is the kind of drug plan that with respect to the purchase price of covered ‘‘(iv) consider evaluations made by— Medicare beneficiaries are looking for. part D drugs in a Medicare operated prescrip- ‘‘(I) the Director under section 1013 of According to a survey by the Kaiser tion drug plan and shall encourage the use of Medicare Prescription Drug, Improvement, Family Foundation, 2⁄3 of seniors want more affordable therapeutic equivalents to and Modernization Act of 2003; the option of getting drug coverage di- the extent such practices do not override ‘‘(II) other Federal entities, such as the rectly from Medicare, and over 80 per- medical necessity as determined by the pre- Secretary of Veterans Affairs; and cent favor allowing the government to scribing physician. To the extent practicable ‘‘(III) other private and public entities, negotiate with drug companies for and consistent with the previous sentence, such as the Drug Effectiveness Review the Secretary shall implement strategies Project and Medicaid programs; and lower prices. similar to those used by other Federal pur- ‘‘(v) recommend to the Secretary— The Health and Human Services Sec- chasers of prescription drugs, and other ‘‘(I) those drugs in a class that provide a retary would have the tools to nego- strategies, including the use of a formulary greater clinical benefit, including fewer safe- tiate with drug companies, including and formulary incentives in subsection (e), ty concerns or less risk of side-effects, than the use of drug formulary. The best to reduce the purchase cost of covered part D another drug in the same class that should medical evidence would determine drugs. be included in the formulary; which drugs are covered in the for- ‘‘(c) MEDICARE OPERATED PRESCRIPTION ‘‘(II) those drugs in a class that provide mulary, and the formulary would be DRUG PLAN DEFINED.—For purposes of this less clinical benefit, including greater safety part, the term ‘medicare operated prescrip- concerns or a greater risk of side-effects, used to promote safety, appropriate use tion drug plan’ means a prescription drug than another drug in the same class that of drugs, and value. plan that offers qualified prescription drug should be excluded from the formulary; and The bill would establish an appeals coverage and access to negotiated prices de- ‘‘(III) drugs in a class with same or similar process that is efficient, imposes mini- scribed in section 1860D–2(a)(1)(A). Such a clinical benefit for which it would be appro- mal administrative burdens, and en- plan may offer supplemental prescription priate for the Secretary to competitively bid sures timely procurement of nonfor- drug coverage in the same manner as other (or negotiate) for placement on the for- mulary drugs or nonpreferred drugs qualified prescription drug coverage offered mulary. when medically necessary. by other prescription drug plans. ‘‘(C) CONSIDERATION OF AHRQ RECOMMENDA- ‘‘(d) MONTHLY BENEFICIARY PREMIUM.— TIONS.— The Secretary would also develop a ‘‘(1) QUALIFIED PRESCRIPTION DRUG COV- ‘‘(i) IN GENERAL.—The Secretary, after tak- system for paying pharmacies that ERAGE.—The monthly beneficiary premium ing into consideration the recommendations would include the prompt payment of for qualified prescription drug coverage and under subparagraph (B)(v), shall establish a claims. access to negotiated prices described in sec- formulary, and formulary incentives, to en- Seniors want the ability to choose a tion 1860D–2(a)(1)(A) to be charged under a courage use of covered part D drugs that— Medicare-administered drug plan. Let medicare operated prescription drug plan ‘‘(I) have a lower cost and provide a greater us give them this option, just as they shall be uniform nationally. Such premium clinical benefit than other drugs; have this choice with every other ben- for months in 2009 and each succeeding year ‘‘(II) have a lower cost than other drugs shall be based on the average monthly per with same or similar clinical benefit; and efit covered by Medicare. Many seniors capita actuarial cost of offering the medi- ‘‘(III) drugs that have the same cost but will find direct Medicare coverage to be care operated prescription drug plan for the provide greater clinical benefit than other a simpler, more dependable, and less year involved, including administrative ex- drugs. costly option than private drug plans. penses. ‘‘(ii) FORMULARY INCENTIVES.—The for- Mr. President, I ask unanimous con- ‘‘(2) SUPPLEMENTAL PRESCRIPTION DRUG mulary incentives under clause (i) may be in sent that the text of the bill be printed COVERAGE.—Insofar as a medicare operated the form of one or more of the following: in the RECORD. prescription drug plan offers supplemental ‘‘(I) Tiered copayments. There being no objection, the text of prescription drug coverage, the Secretary ‘‘(II) Reference pricing. may adjust the amount of the premium ‘‘(III) Prior authorization. the bill was ordered to be placed in the charged under paragraph (1). ‘‘(IV) Step therapy. RECORD, as follows: ‘‘(e) USE OF A FORMULARY AND FORMULARY ‘‘(V) Medication therapy management. S. 2219 INCENTIVES.— ‘‘(VI) Generic drug substitution. Be it enacted by the Senate and House of Rep- ‘‘(1) IN GENERAL.—With respect to the oper- ‘‘(iii) FLEXIBILITY.—In applying such for- resentatives of the United States of America in ation of a medicare operated prescription mulary incentives the Secretary may decide Congress assembled, drug plan, the Secretary shall establish and not to impose any cost-sharing for a covered apply a formulary (and may include for- part D drug for which— SECTION 1. SHORT TITLE. mulary incentives described in paragraph ‘‘(I) the elimination of cost sharing would This Act may be cited as the ‘‘Medicare (2)(C)(ii)) in accordance with this subsection be expected to increase compliance with a Prescription Drug Savings and Choice Act of in order to— drug regimen; and 2007’’. ‘‘(A) increase patient safety; ‘‘(II) compliance would be expected to SEC. 2. ESTABLISHMENT OF MEDICARE OPER- ‘‘(B) increase appropriate use and reduce produce savings under part A or B or both. ATED PRESCRIPTION DRUG PLAN inappropriate use of drugs; and ‘‘(3) LIMITATIONS ON FORMULARY.—In any OPTION. ‘‘(C) reward value. formulary established under this subsection, (a) IN GENERAL.—Subpart 2 of part D of the ‘‘(2) DEVELOPMENT OF INITIAL FORMULARY.— the formulary may not be changed during a Social Security Act is amended by inserting ‘‘(A) IN GENERAL.—In selecting covered year, except— after section 1860D–11 (42 U.S.C. 1395w–111) part D drugs for inclusion in a formulary. ‘‘(A) to add a generic version of a covered the following new section: the Secretary shall consider clinical benefit part D drug that entered the market; ‘‘MEDICARE OPERATED PRESCRIPTION DRUG and price. ‘‘(B) to remove such a drug for which a PLAN OPTION ‘‘(B) ROLE OF AHRQ.—The Director of the safety problem is found; and ‘‘SEC. 1860D–11A. (a) IN GENERAL.—Not- Agency for Healthcare Research and Quality ‘‘(C) to add a drug that the Secretary iden- withstanding any other provision of this shall be responsible for assessing the clinical tifies as a drug which treats a condition for part, for each year (beginning with 2009), in benefit of covered part D drugs and making which there has not previously been a treat- addition to any plans offered under section recommendations to the Secretary regarding ment option or for which a clear and signifi- 1860D–11, the Secretary shall offer one or which drugs should be included in the for- cant benefit has been demonstrated over more medicare operated prescription drug mulary. In conducting such assessments and other covered part D drugs. plans (as defined in subsection (c)) with a making such recommendations, the Director ‘‘(4) ADDING DRUGS TO THE INITIAL FOR- service area that consists of the entire shall— MULARY.— United States and shall enter into negotia- ‘‘(i) consider safety concerns including ‘‘(A) USE OF ADVISORY COMMITTEE.—The tions in accordance with subsection (b) with those identified by the Federal Food and Secretary shall establish and appoint an ad- pharmaceutical manufacturers to reduce the Drug Administration; visory committee (in this paragraph referred purchase cost of covered part D drugs for eli- ‘‘(ii) use available data and evaluations, to as the ‘advisory committee’)— gible part D individuals who enroll in such a with priority given to randomized controlled ‘‘(i) to review petitions from drug manufac- plan. trials, to examine clinical effectiveness, turers, health care provider organizations,

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patient groups, and other entities for inclu- and health professionals about changes to ‘‘(h) APPEALS PROCESS FOR MEDICARE OPER- sion of a drug in, or other changes to, such the formulary or formulary incentives. ATED PRESCRIPTION DRUG PLAN.— formulary; and ‘‘(f) INFORMING BENEFICIARIES.—The Sec- ‘‘(1) IN GENERAL.—The Secretary shall de- ‘‘(ii) to recommend any changes to the for- retary shall take steps to inform bene- velop a well-defined process for appeals for mulary established under this subsection. ficiaries about the availability of a Medicare denials of benefits under this part under the ‘‘(B) COMPOSITION.—The advisory com- operated drug plan or plans including pro- medicare operated prescription drug plan. mittee shall be composed of 9 members and viding information in the annual handbook Such process shall be efficient, impose mini- shall include representatives of physicians, distributed to all beneficiaries and adding in- mal administrative burdens, and ensure the pharmacists, and consumers and others with formation to the official public Medicare timely procurement of non-formulary drugs expertise in evaluating prescription drugs. website related to prescription drug coverage or exemption from formulary incentives The Secretary shall select members based on available through this part. when medically necessary. Medical necessity their knowledge of pharmaceuticals and the ‘‘(g) APPLICATION OF ALL OTHER REQUIRE- shall be based on professional medical judg- Medicare population. Members shall be MENTS FOR PRESCRIPTION DRUG PLANS.—Ex- ment, the medical condition of the bene- deemed to be special Government employees cept as specifically provided in this section, ficiary, and other medical evidence. Such ap- for purposes of applying the conflict of inter- any Medicare operated drug plan shall meet peals process shall include— est provisions under section 208 of title 18, the same requirements as apply to any other ‘‘(A) an initial review and determination United States Code, and no waiver of such prescription drug plan, including the require- made by the Secretary; and provisions for such a member shall be per- ments of section 1860D-4(b)(1) relating to as- ‘‘(B) for appeals denied during the initial mitted. suring pharmacy access).’’. review and determination, the option of an ‘‘(C) CONSULTATION.—The advisory com- (b) CONFORMING AMENDMENTS.— external review and determination by an mittee shall consult, as necessary, with phy- (1) Section 1860D–3(a) of the Social Secu- independent entity selected by the Sec- sicians who are specialists in treating the rity Act (42 U.S.C. 1395w–103(a)) is amended retary. disease for which a drug is being considered. by adding at the end the following new para- ‘‘(2) CONSULTATION IN DEVELOPMENT OF ‘‘(D) REQUEST FOR STUDIES.—The advisory graph: PROCESS.—In developing the appeals process committee may request the Agency for ‘‘(4) AVAILABILITY OF THE MEDICARE OPER- under paragraph (1), the Secretary shall con- Healthcare Research and Quality or an aca- ATED PRESCRIPTION DRUG PLAN.—A medicare sult with consumer and patient groups, as demic or research institution to study and operated prescription drug plan (as defined well as other key stakeholders to ensure the make a report on a petition described in sub- in section 1860D–11A(c)) shall be offered na- goals described in paragraph (1) are paragraph (A)(ii) in order to assess— tionally in accordance with section 1860D– achieved.’’. ‘‘(i) clinical effectiveness; 11A.’’. SEC. 4. PHARMACY PAYMENT UNDER THE MEDI- ‘‘(ii) comparative effectiveness; (2)(A) Section 1860D–3 of the Social Secu- CARE OPERATED PRESCRIPTION DRUG PLAN. ‘‘(iii) safety; and rity Act (42 U.S.C. 1395w–103) is amended by ‘‘(iv) enhanced compliance with a drug reg- Section 1860D–12(b) of the Social Security adding at the end the following new sub- Act (42 U.S.C. 1395w–112 (b)) is amended by imen. section: ‘‘(E) RECOMMENDATIONS.—The advisory adding at the end the following new para- ‘‘(c) PROVISIONS ONLY APPLICABLE IN 2006, committee shall make recommendations to graph: 2007, AND 2008.—The provisions of this section the Secretary regarding— ‘‘(4) PHARMACY PAYMENT UNDER THE MEDI- shall only apply with respect to 2006, 2007, ‘‘(i) whether a covered part D drug is found CARE OPERATED PRESCRIPTION DRUG PLAN.— and 2008.’’. to provide a greater clinical benefit, includ- ‘‘(A) IN GENERAL.—Under the medicare op- (B) Section 1860D–11(g) of such Act (42 ing fewer safety concerns or less risk of side- erated prescription drug plan, the Secretary U.S.C. 1395w–111(g)) is amended by adding at effects, than another drug in the same class shall develop a system for payment to phar- the end the following new paragraph: that is currently included in the formulary macies. Such a system shall include a re- ‘‘(8) NO AUTHORITY FOR FALLBACK PLANS and should be included in the formulary; quirement that the plan shall issue, mail, or AFTER 2008.—A fallback prescription drug ‘‘(ii) whether a covered part D drug is otherwise transmit payment for all clean plan shall not be available after December found to provide less clinical benefit, includ- claims submitted under this part within the 31, 2008.’’. ing greater safety concerns or a greater risk applicable number of calendar days after the of side-effects, than another drug in the (3) Section 1860D–13(c)(3) of such Act (42 date on which the claim is received. same class that is currently included in the U.S.C. 1395w–113(c)(3)) is amended— ‘‘(B) DEFINITIONS.—In this paragraph: formulary and should not be included in the (A) in the heading, by inserting ‘‘AND MEDI- ‘‘(i) CLEAN CLAIM.—The term ‘clean claim’ formulary; and CARE OPERATED PRESCRIPTION DRUG PLANS’’ means a claim, with respect to a covered ‘‘(iii) whether a covered part D drug has after ‘‘FALLBACK PLANS’’; and part D drug, that has no apparent defect or the same or similar clinical benefit to a drug (B) by inserting ‘‘or a medicare operated impropriety (including any lack of any re- in the same class that is currently included prescription drug plan’’ after ‘‘a fallback pre- quired substantiating documentation) or in the formulary and whether the drug scription drug plan’’. particular circumstance requiring special should be included in the formulary. (4) Section 1860D–16(b)(1) of such Act (42 treatment that prevents timely payment ‘‘(F) LIMITATIONS ON REVIEW OF MANUFAC- U.S.C.1395w–116(b)(1)) is amended— from being made on the claim under this TURER PETITIONS.—The advisory committee (A) in subparagraph (C), by striking ‘‘and’’ part. shall not review a petition of a drug manu- after the semicolon at the end; ‘‘(ii) APPLICABLE NUMBER OF CALENDAR facturer under subparagraph (A)(ii) with re- (B) in subparagraph (D), by striking the pe- DAYS.—The term ‘applicable number of cal- spect to a covered part D drug unless the pe- riod at the end and inserting ‘‘; and’’; and endar days’ means— tition is accompanied by the following: (C) by adding at the end the following new ‘‘(I) with respect to claims submitted elec- ‘‘(i) Raw data from clinical trials on the subparagraph: tronically, 14 calendar days; and safety and effectiveness of the drug. ‘‘(E) payments for expenses incurred with ‘‘(II) with respect to claims submitted oth- ‘‘(ii) Any data from clinical trials con- respect to the operation of medicare oper- erwise, 30 calendar days. ducted using active controls on the drug or ated prescription drug plans under section ‘‘(C) PROCEDURES INVOLVING CLAIMS.— drugs that are the current standard of care. 1860D–11A.’’. ‘‘(i) CLAIMS DEEMED TO BE CLEAN CLAIMS.— ‘‘(iii) Any available data on comparative (5) Section 1860D–41(a) of such Act (42 ‘‘(I) IN GENERAL.—A claim for a covered effectiveness of the drug. U.S.C. 1395w–151(a)) is amended by adding at part D drug shall be deemed to be a clean ‘‘(iv) Any other information the Secretary the end the following new paragraph: claim for purposes of this paragraph if the requires for the advisory committee to com- ‘‘(19) MEDICARE OPERATED PRESCRIPTION Secretary does not provide a notification of plete its review. DRUG PLAN.—The term ‘medicare operated deficiency to the claimant by the 10th day ‘‘(G) RESPONSE TO RECOMMENDATIONS.—The prescription drug plan’ has the meaning that begins after the date on which the claim Secretary shall review the recommendations given such term in section 1860D–11A(c).’’. is submitted. of the advisory committee and if the Sec- (c) EFFECTIVE DATE.—The amendments ‘‘(II) NOTIFICATION OF DEFICIENCY.—For retary accepts such recommendations the made by this section shall take effect as if purposes of subclause (I), the term ‘notifica- Secretary shall modify the formulary estab- included in the enactment of section 101 of tion of deficiency’ means a notification that lished under this subsection accordingly. the Medicare Prescription Drug, Improve- specifies all defects or improprieties in the Nothing in this section shall preclude the ment, and Modernization Act of 2003. claim involved and that lists all additional Secretary from adding to the formulary a SEC. 3. IMPROVED APPEALS PROCESS UNDER information or documents necessary for the drug for which the Director of the Agency THE MEDICARE OPERATED PRE- proper processing and payment of the claim. for Healthcare Research and Quality or the SCRIPTION DRUG PLAN. ‘‘(ii) PAYMENT OF CLEAN PORTIONS OF advisory committee has not made a rec- Section 1860D–4(h) of the Social Security CLAIMS.—The Secretary shall, as appropriate, ommendation. Act (42 U.S.C. 1305w–104(h)) is amended by pay any portion of a claim for a covered part ‘‘(H) NOTICE OF CHANGES.—The Secretary adding at the end the following new para- D drug under the medicare operated prescrip- shall provide timely notice to beneficiaries graph: tion drug plan that would be a clean claim

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.002 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27956 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 but for a defect or impropriety in a separate benefit of all Americans. The gardens We all know that there must be portion of the claim in accordance with sub- also serve as a valuable educational enough transparency for market forces paragraph (A). tool, where students of all ages go to to work. The free market, after all, ‘‘(iii) OBLIGATION TO PAY.—A claim for a learn about environmental stewardship thrives on complete information and covered part D drug submitted to the Sec- retary that is not paid or contested by the and horticultural practices, and dis- open competition—not on gag rules and provider within the applicable number of cal- cover that science can be fun. The col- secrecy clauses. endar days (as defined in subparagraph (B)) lections at these gardens provide valu- As a farmer, when I go out and buy a shall be deemed to be a clean claim and shall able information that conservationists tractor, I first go out and talk to a be paid by the Secretary in accordance with and others utilize to study and deter- number of people to help me figure out subparagraph (A). mine how to protect these resources by what is a fair price. Having this infor- ‘‘(iv) DATE OF PAYMENT OF CLAIM.—Pay- halting further degradation of habitats mation puts me on equal footing with ment of a clean claim under subparagraph so that at-risk species will have a bet- the dealer when we negotiate the price. (A) is considered to have been made on the ter chance of surviving in the future. After all, I don’t want to be taken to date on which full payment is received by I urge my colleagues to support this the provider. the cleaners. ‘‘(D) ELECTRONIC TRANSFER OF FUNDS.—The important legislation in order to en- Today, there is no level playing field Secretary shall pay all clean claims sub- sure that these gardens continue to not when hospitals negotiate with device mitted electronically by an electronic funds only thrive for generations to come, manufacturers. It shows. This is a transfer mechanism.’’. but ensure that these resources will be major reason why many hospitals pay preserved. absurdly more than others for the same By Mr. AKAKA (for himself, Mr. medical device. The inflated prices INOUYE, and Mr. MARTINEZ): By Mr. GRASSLEY (for himself many hospitals pay have implications S. 2220. A bill to amend the Outdoor and Mr. SPECTER): for the health care system on multiple Recreation Act of 1963 to authorize cer- S. 2221. A bill to amend title XVIII of levels. the Social Security Act to provide for tain appropriations; to the Committee First, higher medical device costs on Energy and Natural Resources. the reporting of sales price data for take up more of the Medicare payment. Mr. AKAKA. Mr. President, today I implantable medical devices; to the That means hospitals have less to am introducing legislation that will Committee on Finance. amend the Outdoor Recreation Act of Mr. GRASSLEY. Mr. President, I am spend on other crucial components of 1963, to further enhance education, in- pleased to introduce today with Sen- care such as staff. And hospitals have less of the Medicare payment to devote struction and recreation opportunities ator SPECTER the Transparency in Med- available in our Nation’s tropical bo- ical Device Pricing Act of 2007. toward their bottom line. So they have tanical gardens. I wish to also thank As we all know, both parties to a less money for activities to improve hospital quality and safety. They have my colleagues, Senators DANIEL transaction need information in order INOUYE, MEL MARTINEZ and BILL NEL- for the free market to properly work. If less money to spend on health informa- SON, for joining me in sponsoring this only one party has information, the tion technology systems. Most impor- measure. market does not properly function be- tantly, they have less money to keep Studies have indicated that through- cause you have a one-sided negotiation. their doors open and provide care to out the world, our plants and their The purpose of this legislation is to Medicare beneficiaries. In rural areas habitats are quickly disappearing. bring transparency to medical device in my state where hospitals are barely With 90 percent of these species exist- pricing so that there will be sufficient squeaking by, this is a problem. ing in tropical areas, it is imperative information available for market Also, I want to point out how hos- that we continue to strive for a greater forces to truly work. pitals paying more than the fair mar- understanding of how we can preserve In the Medicare program, most hos- ket price for medical devices adds to these natural resources. pitals receive a single payment for all skyrocketing entitlement spending. The legislation that I am introducing the health care goods and services pro- Medicare hospital payments are up- today, the Outdoor Recreation Act of vided during a beneficiary’s stay. This dated every year. The update takes 1963 Amendments Act, will authorize $1 payment structure is designed to give into account the increased cost of million for the National Botanical Gar- hospitals incentives to provide effi- goods and services used to provide care dens in fiscal year 2009, and up to cient, effective, and economical care. to beneficiaries. Let us say medical de- $500,000 each fiscal year thereafter. Why? Because when a hospital lowers vice prices are higher than they should These funds are to be matched by State its costs, more of the Medicare pay- be. As a result, Medicare hospital pay- and local governments as well as pri- ment can go toward the hospital’s bot- ment updates and Medicare spending vate individuals. tom line. will rise faster than they should. Since Congress chartered the Na- Hospitals normally have many re- Also, let us remember that there are tional Tropical Botanical Gardens in sources like consultants or reference cost-sharing requirements for certain 1964, the gardens have not only thrived materials to help them when they ne- hospital services. And so Medicare and flourished, but have provided valu- gotiate prices for things like drugs, beneficiaries will be paying more out- able research. This research is vital to nursing care, or hospital gowns. Unfor- of-pocket than they should. enriching our lives through not only tunately, this is not the case with All this adds up to one thing: a need perpetuating the survival of eco- implantable medical devices like pace- for greater transparency in medical de- systems, but preserving the cultural makers, stents, and artificial hips and vice pricing. My good friend and col- knowledge of these tropical regions. knees. league, Senator SPECTER, and I have As we, and the rest of the world, con- Hospitals have no way of knowing developed a way to provide greater tinue to develop rural areas, we slowly what a fair market price for a medical transparency. deplete our natural resources and place device is, because in this one industry The Transparency in Medical Device our Nation’s tropical plant bio-diver- there is a veil of secrecy over pricing Pricing Act of 2007 would bring this sity at risk. It is our responsibility to information. In fact, manufacturers needed transparency to medical device ensure that measures are in place that typically require hospitals to agree to pricing by building on current initia- will preserve our finite natural re- secrecy or gag clauses in their con- tives at the Department of Health and sources, or we may find ourselves with- tracts. The device makers actually pro- Human Services, HHS. Under the act, out the basics for survival. hibit hospitals from disclosing the here are some conditions device manu- These gardens serve as safe havens price of a medical device to others. So facturers would have to receive direct for endangered tropical plants where hospitals have no idea of what is a fair or indirect payments under Medicare, scientists strive to understand the evo- price. Instead they must engage in one- Medicaid, or SCHIP. Every quarter lution, structure relationships and sided negotiations with medical device they would have to submit to the HHS qualities of these plants for the future manufacturers. Secretary data on average and median

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.002 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27957 sales prices for all medical devices that grams. But the hospitals are the ones sored by the Federal Government, in are implanted during inpatient and who have the role of negotiating fair particular, promote quality and effi- outpatient procedures. Manufacturers pricing on behalf of the patients and cient delivery of health care through 1. would be subject to civil money pen- other payers. the use of health information tech- alties from $10,000 to $100,000 for failure A New York hospital stated in a let- nology; 2. transparency regarding to report or misrepresentations of price ter to me that many hospitals, pa- health care quality and price; and 3. data. tients, communities and Federal agen- better incentives for those involved in Collecting such data is not new to cies are ‘‘prevented from participating these programs—physicians, hospitals, HHS. The Secretary has been col- in an open and fair marketplace—cul- and beneficiaries. By making impor- lecting average sales price data for minating in inflated pricing and less tant information available in a readily drugs covered under Part B of the than optimal cost effective health useable manner and in collaboration Medicare program for a number of care.’’ This hospital said that it has an with similar initiatives in the private years now. annual health care supplies spend of sector and nonfederal public sector, we The Secretary would also be required approximately $300 million, and al- can help control government spending to make the data available to the pub- though the implantable items such as on health care. The rising cost of lic on the website of the Centers for cardiac pacemakers and orthopedic im- health care and health insurance is a Medicare & Medicaid Services, CMS. plants represent only 3 percent of the problem for consumers, small business CMS would have to update the website total items the hospital buys, the ex- owners, large employers and union on a quarterly basis. penditures are close to 40 percent of health and welfare funds. This bill says Again, this is nothing new at HHS. It the total spend. Moreover, these de- that if you want to do business with has been promoting transparency in vices are characterized by annual cost the Federal Government, you have got Medicare for quite some time. The Sec- increases of from 8 percent to 15 per- to show us your prices. retary already publicly reports quality cent. Since national sales of implant f and price data of various Medicare pro- able devices are approximately $65 bil- viders. This is so beneficiaries can use lion annually, with an expected growth AMENDMENTS SUBMITTED AND these resources when selecting a pro- in utilization of close to 20 percent, the PROPOSED vider. potential of adding 8 to 15 percent an- SA 3449. Mr. DURBIN submitted an amend- Publicly reporting implantable med- nual price increases to the expendi- ment intended to be proposed to amendment ical device pricing would help hospitals tures clearly demands attention. SA 3404 proposed by Mr. SCHUMER (for him- negotiate fair prices. For once, they A smaller health system in Jackson, self and Mrs. HUTCHISON) to the amendment would have a resource to consult so ne- MS, reports savings in 2006 of more SA 3325 proposed by Mr. HARKIN (for himself and Mr. SPECTER) to the bill H.R. 3043, mak- gotiations would be fairer. than $10 million because it was able to ing appropriations for the Departments of Mr. President, let me be clear. I fully get detailed objective and measurable Labor, Health and Human Services, and Edu- support the medical device industry information that neutralized the argu- cation, and related agencies for the fiscal making a profit. I just think it should ments from the vendors who were tell- year ending September 30, 2008, and for other not be at the expense of hospitals, ing them that they were getting the purposes. beneficiaries and the American tax- best price. The National Partnership SA 3450. Mr. HARKIN (for Mr. DEMINT) payer paying much more than they for Women and Families told me that proposed an amendment to amendment SA 3325 proposed by Mr. HARKIN (for himself and should. We must let the market work, consumers can learn more about the Mr. SPECTER) to the bill H.R. 3043, supra. and markets depend on information. quality and price of a car than they The Transparency in Medical Device can about these medical devices that f Pricing Act of 2007 would go a long way are implanted in the body. The Pacific TEXT OF AMENDMENTS toward ensuring that free market Business Group on Health, a collection SA 3449. Mr. DURBIN submitted an forces actually work. The act would en- of 50 of the Nation’s largest purchasers amendment intended to be proposed to able hospitals to obtain medical de- of health care who spend billions of amendment SA 3404 proposed by Mr. vices at fair prices. dollars annually to provide health care SCHUMER (for himself and Mrs. Mr. SPECTER. Mr. President, with coverage to more than 3 million em- HUTCHISON) to the amendment SA 3325 Senator GRASSLEY, I introduce a bill ployees, retirees and dependents, also proposed by Mr. HARKIN (for himself that will help control Medicare spend- wrote to me that the critical strategy and Mr. SPECTER) to the bill H.R. 3043, ing and will increase transparency in for improving the quality of our Na- making appropriations for the Depart- our health care system. Medicare tion’s health care system is increasing ments of Labor, Health and Human spending is a huge component of the its transparency. Services, and Education, and related Federal budget. In 2006, Medicare ben- The Transparency in Medical Device agencies for the fiscal year ending Sep- efit payments totaled $374 billion and Pricing Act of 2007 would require med- tember 30, 2008, and for other purposes; accounted for 12 percent of the Federal ical device manufacturers, as a condi- as follows: budget. tion of receiving direct or indirect pay- On page 2 of the amendment, after line 11, Over the past several months I have ments under Medicare, Medicaid, and insert the following: received many letters from hospitals, SCHIP, to submit to the Secretary of SEC. 522. (a) FEE FOR RECAPTURE OF UNUSED consumer groups, employers, health Health and Human Services, on a quar- EMPLOYMENT-BASED IMMIGRANT VISAS.—Sec- and welfare funds, and health care terly basis, data on average and me- tion 106(d) of the American Competitiveness journalists about the secrecy that the dian sales prices for all implantable in the Twenty-first Century Act of 2000 (Pub- medical device industry is trying to medical devices used in inpatient and lic Law 106–313; 8 U.S.C. 1153 note), as amend- impose around pricing for implantable ed by section 521, is further amended by add- outpatient procedures. Manufacturers ing at the end the following: medical devices, pacemakers, hip and would be subject to civil monetary pen- ‘‘(5) FEE FOR RECAPTURE OF UNUSED EM- knee replacements, which hospitals alties from $10,000 to $100,000 for failure PLOYMENT-BASED IMMIGRANT VISAS.— purchase. Hospitals are being told they to report or for misrepresentation of ‘‘(A) IN GENERAL.—The Secretary of Home- can’t share pricing information with price data. The data would be available land Security shall impose a fee upon each any ‘‘third parties,’’ that would include to the public on the website of the cen- petitioning employer who uses a visa recap- patients, physicians, auditors, and con- ters for Medicare and Medicaid Serv- tured from fiscal years 1996 and 1997 under sultants. The hospitals are not the ul- ices. this subsection to provide employment for an alien as a professional nurse, provided timate payers. The payers are patients Senator GRASSLEY and I believe this that— and those who provide health insurance bill will improve the overall quality ‘‘(i) such fee shall be in the amount of coverage, which includes small busi- and efficiency of our health care sys- $1,500 for each such alien nurse (but not for nesses, large employers, and local, tem and will help ensure that health dependents accompanying or following to State, and Federal Government pro- care programs administered or spon- join who are not professional nurses); and

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.002 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27958 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 ‘‘(ii) no fee shall be imposed for the use of in nursing leading to a master’s degree or an cluding training for the use of the inter- such visas if the employer demonstrates to equivalent degree; disciplinary team approach to the delivery of the Secretary that— ‘‘(B) for more than 4 fiscal years in the health services. ‘‘(I) the employer is a health care facility case of a student described in paragraph ‘‘(D) Integrating core competencies on evi- that is located in a county or parish that re- (1)(A) who is enrolled in a graduate program dence-based practice, quality improvements, ceived individual and public assistance pur- in nursing leading to a doctoral degree or an and patient-centered care. suant to Major Disaster Declaration number equivalent degree; ‘‘(E) Increasing admissions, enrollment, 1603 or 1607; or ‘‘(C) for more than 3 fiscal years in the and retention of qualified individuals who ‘‘(II) the employer is a health care facility case of a student described in paragraph are financially disadvantaged. that has been designated as a Health Profes- (1)(B); or ‘‘(F) Increasing enrollment of minority and sional Shortage Area facility by the Sec- ‘‘(D) for more than 2 fiscal years in the diverse student populations. retary of Health and Human Services as de- case of a student described in paragraph ‘‘(G) Increasing enrollment of new grad- fined in section 332 of the Public Health (1)(C). uate baccalaureate nursing students in grad- Service Act (42 U.S.C. 254e). ‘‘(d) ELIGIBILITY.—In this section, the term uate programs that educate nurse faculty ‘‘(B) FEE COLLECTION.—A fee imposed by ‘eligible school of nursing’ means a school of members. the Secretary of Homeland Security pursu- nursing that— ‘‘(H) Developing post-baccalaureate resi- ant to this paragraph shall be collected by ‘‘(1) is accredited by a nursing accrediting dency programs to prepare nurses for prac- the Secretary as a condition of approval of agency recognized by the Secretary of Edu- tice in specialty areas where nursing short- an application for adjustment of status by cation; ages are most severe. the beneficiary of a petition or by the Sec- ‘‘(2) has a passage rate on the National ‘‘(I) Increasing integration of geriatric retary of State as a condition of issuance of Council Licensure Examination for Reg- content into the core curriculum. a visa to such beneficiary.’’. istered Nurses of not less than 80 percent for ‘‘(J) Partnering with economically dis- (b) CAPITATION GRANTS TO INCREASE THE each of the 3 academic years preceding sub- advantaged communities to provide nursing NUMBER OF NURSING FACULTY AND STUDENTS; mission of the grant application; and education. DOMESTIC NURSING ENHANCEMENT ACCOUNT.— ‘‘(3) has a graduation rate (based on the ‘‘(K) Expanding the ability of nurse man- Part D of title VIII of the Public Health number of students in a class who graduate aged health centers to provide clinical edu- Service Act (42 U.S.C. 296p et seq.) is amend- relative to, for a baccalaureate program, the cation training sites to nursing students. ed by adding at the end the following: number of students who were enrolled in the ‘‘(5) The school will submit an annual re- ‘‘SEC. 832. CAPITATION GRANTS. class at the beginning of junior year or, for port to the Secretary that includes updated ‘‘(a) IN GENERAL.—For the purpose de- an associate degree program, the number of information on the school with respect to scribed in subsection (b), the Secretary, act- students who were enrolled in the class at student enrollment, student retention, grad- ing through the Health Resources and Serv- the end of the first year) of not less than 80 uation rates, passage rates on the National ices Administration, shall award a grant percent for each of the 3 academic years pre- Council Licensure Examination for Reg- each fiscal year in an amount determined in ceding submission of the grant application. istered Nurses, the number of graduates em- accordance with subsection (c) to each eligi- ‘‘(e) REQUIREMENTS.—The Secretary may ployed as nursing faculty or nursing care ble school of nursing that submits an appli- award a grant under this section to an eligi- providers within 12 months of graduation, cation in accordance with this section. ble school of nursing only if the school gives and the number of students who are accepted ‘‘(b) PURPOSE.—A funding agreement for a assurances satisfactory to the Secretary into graduate programs for further nursing grant under this section is that the eligible that, for each academic year for which the education. school of nursing involved will expend the grant is awarded, the school will comply ‘‘(6) The school will allow the Secretary to grant to increase the number of nursing fac- with the following: make on-site inspections, and will comply ulty and students at the school, including by ‘‘(1) The school will maintain a passage with the Secretary’s requests for informa- hiring new faculty, retaining current fac- rate on the National Council Licensure Ex- tion, to determine the extent to which the ulty, purchasing educational equipment and amination for Registered Nurses of not less school is complying with the requirements of audiovisual laboratories, enhancing clinical than 80 percent. this section. laboratories, repairing and expanding infra- ‘‘(2) The school will maintain a graduation ‘‘(f) REPORTS TO CONGRESS.—The Secretary structure, or recruiting students. rate (as described in subsection (d)(3)) of not shall evaluate the results of grants under ‘‘(c) GRANT COMPUTATION.— less than 80 percent. this section and submit to Congress— ‘‘(1) AMOUNT PER STUDENT.—Subject to ‘‘(3)(A) Subject to subparagraphs (B) and ‘‘(1) not later than 18 months after the date paragraph (2), the amount of a grant to an el- (C), the first-year enrollment of full-time of the enactment of this section, an interim igible school of nursing under this section nursing students in the school will exceed report on such results; and for a fiscal year shall be the total of the fol- such enrollment for the preceding academic ‘‘(2) not later than September 30, 2010, a lowing: year by 5 percent or 5 students, whichever is final report on such results. ‘‘(A) $1,800 for each full-time or part-time greater. ‘‘(g) APPLICATION.—An eligible school of student who is enrolled at the school in a ‘‘(B) Subparagraph (A) shall not apply to nursing seeking a grant under this section graduate program in nursing that— the first academic year for which a school re- shall submit an application to the Secretary ‘‘(i) leads to a master’s degree, a doctoral ceives a grant under this section. at such time, in such manner, and con- degree, or an equivalent degree; and ‘‘(C) With respect to any academic year, taining such information and assurances as ‘‘(ii) prepares individuals to serve as fac- the Secretary may waive application of sub- the Secretary may require. ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ulty through additional course work in edu- paragraph (A) if— In addition to the amounts in the Domestic cation and ensuring competency in an ad- ‘‘(i) the physical facilities at the school in- Nursing Enhancement Account, established vanced practice area. volved limit the school from enrolling addi- under section 833, there are authorized to be ‘‘(B) $1,405 for each full-time or part-time tional students; or appropriated such sums as may be necessary student who— ‘‘(ii) the school has increased enrollment in to carry out this section. ‘‘(i) is enrolled at the school in a program the school (as described in subparagraph (A)) ‘‘SEC. 833. DOMESTIC NURSING ENHANCEMENT in nursing leading to a bachelor of science for each of the 2 preceding academic years. ACCOUNT. degree, a bachelor of nursing degree, a grad- ‘‘(4) Not later than 1 year after receiving a ‘‘(a) ESTABLISHMENT.—There is established uate degree in nursing if such program does grant under this section, the school will for- in the general fund of the Treasury a sepa- not meet the requirements of subparagraph mulate and implement a plan to accomplish rate account which shall be known as the (A), or an equivalent degree; and at least 2 of the following: ‘Domestic Nursing Enhancement Account.’ ‘‘(ii) has not more than 3 years of academic ‘‘(A) Establishing or significantly expand- Notwithstanding any other provision of law, credits remaining in the program. ing an accelerated baccalaureate degree there shall be deposited as offsetting receipts ‘‘(C) $966 for each full-time or part-time nursing program designed to graduate new into the account all fees collected under sec- student who is enrolled at the school in a nurses in 12 to 18 months. tion 106(d)(5) of the American Competitive- program in nursing leading to an associate ‘‘(B) Establishing cooperative ness in the Twenty-first Century Act of 2000 degree in nursing or an equivalent degree. intradisciplinary education among schools of (Public Law 106–313; 8 U.S.C. 1153 note). ‘‘(2) LIMITATION.—In calculating the nursing with a view toward shared use of Nothing in this subsection shall prohibit the amount of a grant to a school under para- technological resources, including informa- depositing of other moneys into the account graph (1), the Secretary may not make a tion technology. established under this section. payment with respect to a particular stu- ‘‘(C) Establishing cooperative interdiscipli- ‘‘(b) USE OF FUNDS.—Amounts collected dent— nary training between schools of nursing and under section 106(d)(5) of the American Com- ‘‘(A) for more than 2 fiscal years in the schools of allied health, medicine, dentistry, petitiveness in the Twenty-first Century Act case of a student described in paragraph osteopathy, optometry, podiatry, pharmacy, of 2000, and deposited into the account estab- (1)(A) who is enrolled in a graduate program public health, or veterinary medicine, in- lished under subsection (a) shall be used by

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.002 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27959 the Secretary of Health and Human Services (i) permit an eligible alien (as defined in ment of the alien’s country of origin or the to carry out section 832. Such amounts shall section 317A of the Immigration and Nation- alien’s country of residence. be available for obligation only to the ex- ality Act, as added by paragraph (1)) and the ‘‘(ii) OBLIGATION DEFINED.—In this subpara- tent, and in the amount, provided in advance spouse or child of the eligible alien to reside graph, the term ‘obligation’ means an obliga- in appropriations Acts. Such amounts are in a foreign country to work as a physician tion incurred as part of a valid, voluntary in- authorized to remain available until ex- or other healthcare worker as described in dividual agreement in which the alien re- pended.’’. subsection (a) of such section 317A for not ceived financial assistance to defray the (c) GLOBAL HEALTH CARE COOPERATION.— less than a 12-month period and not more costs of education or training to qualify as a (1) IN GENERAL.—Title III of the Immigra- than a 24-month period, and shall permit the physician or other health care worker in tion and Nationality Act (8 U.S.C. 1401 et Secretary to extend such period for an addi- consideration for a commitment to work as seq.) is amended by inserting after section tional period not to exceed 12 months, if the a physician or other health care worker in 317 the following: Secretary determines that such country has the alien’s country of origin or the alien’s ‘‘SEC. 317A. TEMPORARY ABSENCE OF ALIENS a continuing need for such a physician or country of residence. PROVIDING HEALTH CARE IN DE- other healthcare worker; ‘‘(iii) WAIVER.—The Secretary of Homeland VELOPING COUNTRIES. (ii) provide for the issuance of documents Security may waive a finding of inadmis- ‘‘(a) IN GENERAL.—Notwithstanding any by the Secretary to such eligible alien, and sibility under clause (i) if the Secretary de- other provision of this Act, the Secretary of such spouse or child, if appropriate, to dem- termines that— Homeland Security shall allow an eligible onstrate that such eligible alien, and such ‘‘(I) the obligation was incurred by coer- alien and the spouse or child of such alien to spouse or child, if appropriate, is authorized cion or other improper means; reside in a candidate country during the pe- to reside in such country under such section ‘‘(II) the alien and the government of the riod that the eligible alien is working as a 317A; and country to which the alien has an out- physician or other health care worker in a (iii) provide for an expedited process standing obligation have reached a valid, candidate country. During such period the through which the Secretary shall review ap- voluntary agreement, pursuant to which the eligible alien and such spouse or child shall plications for such an eligible alien to reside alien’s obligation has been deemed satisfied, be considered— in a foreign country pursuant to subsection or the alien has shown to the satisfaction of ‘‘(1) to be physically present and residing (a) of such section 317A if the Secretary of the Secretary that the alien has been unable in the United States for purposes of natu- State determines a country is a candidate to reach such an agreement because of coer- ralization under section 316(a); and country pursuant to subsection (b)(1)(C) of cion or other improper means; or ‘‘(2) to meet the continuous residency re- such section 317A. ‘‘(III) the obligation should not be enforced quirements under section 316(b). (3) TECHNICAL AND CONFORMING AMEND- due to other extraordinary circumstances, ‘‘(b) DEFINITIONS.—In this section: MENTS.— including undue hardship that would be suf- ‘‘(1) CANDIDATE COUNTRY.—The term ‘can- (A) DEFINITION.—Section 101(a)(13)(C)(ii) of fered by the alien in the absence of a waiv- didate country’ means a country that the the Immigration and Nationality Act (8 er.’’. Secretary of State determines to be— U.S.C. 1101(a)(13)(C)(ii)) is amended by adding (2) EFFECTIVE DATE; APPLICATION.— ‘‘(A) eligible for assistance from the Inter- at the end the following: ‘‘except in the case (A) EFFECTIVE DATE.—The amendment national Development Association, in which of an eligible alien, or the spouse or child of made by paragraph (1) shall take effect on the per capita income of the country is equal such alien, who is authorized to be absent the date that is 180 days after the date of the to or less than the historical ceiling of the from the United States under section 317A,’’. enactment of this Act. International Development Association for (B) DOCUMENTARY REQUIREMENTS.—Section (B) APPLICATION BY THE SECRETARY.—Not the applicable fiscal year, as defined by the 211(b) of such Act (8 U.S.C. 1181(b)) is amend- later than the effective date described in International Bank for Reconstruction and ed by inserting ‘‘, including an eligible alien subparagraph (A), the Secretary of Homeland Development; authorized to reside in a foreign country Security shall begin to carry out subpara- ‘‘(B) classified as a lower middle income under section 317A and the spouse or child of graph (E) of section 212(a)(5) of the Immigra- country in the then most recent edition of such eligible alien, if appropriate,’’ after tion and Nationality Act, as added by para- the World Development Report for Recon- ‘‘101(a)(27)(A),’’. graph (1), including the requirement for the struction and Development published by the (C) INELIGIBLE ALIENS.—Section attestation and the granting of a waiver de- International Bank for Reconstruction and 212(a)(7)(A)(i)(I) of such Act (8 U.S.C. scribed in clause (iii) of such subparagraph Development and having an income greater 1182(a)(7)(A)(i)(I)) is amended by inserting (E), regardless of whether regulations to im- than the historical ceiling for International ‘‘other than an eligible alien authorized to plement such subparagraph have been pro- Development Association eligibility for the reside in a foreign country under section mulgated. applicable fiscal year; or 317A and the spouse or child of such eligible ‘‘(C) qualified to be a candidate country alien, if appropriate,’’ after ‘‘Act,’’. SA 3450. Mr. HARKIN (for Mr. due to special circumstances, including nat- (D) CLERICAL AMENDMENT.—The table of DEMINT) proposed an amendment to ural disasters or public health emergencies. contents of such Act is amended by inserting amendment SA 3325 proposed by Mr. ‘‘(2) ELIGIBLE ALIEN.—The term ‘eligible after the item relating to section 317 the fol- HARKIN (for himself and Mr. SPECTER) alien’ means an alien who— lowing: ‘‘(A) has been lawfully admitted to the to the bill H.R. 3043, making appropria- United States for permanent residence; and ‘‘Sec. 317A. Temporary absence of aliens tions for the Departments of Labor, ‘‘(B) is a physician or other healthcare providing health care in devel- Health and Human Services, and Edu- worker. oping countries.’’. cation, and related agencies for the fis- (4) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(c) CONSULTATION.—The Secretary of cal year ending September 30, 2008, and Homeland Security shall consult with the There are authorized to be appropriated to U.S. Citizenship and Immigration Services for other purposes; as follows: Secretary of State in carrying out this sec- At the appropriate place, insert the fol- tion. such sums as may be necessary to carry out this subsection and the amendments made lowing: ‘‘(d) PUBLICATION.—The Secretary of State by this subsection. SEC. lll. None of the funds made avail- shall publish— able under this Act may be used to purchase ‘‘(1) not later than 180 days after the date (d) ATTESTATION BY HEALTH CARE WORK- first class or premium airline travel that of the enactment of this section, a list of ERS.— would not be consistent with sections 301– candidate countries; (1) ATTESTATION REQUIREMENT.—Section 10.123 and 301–10.124 of title 41 of the Code of ‘‘(2) an updated version of the list required 212(a)(5) of the Immigration and Nationality Federal Regulations. by paragraph (1) not less often than once Act (8 U.S.C. 1182(a)(5)) is amended by adding each year; and at the end the following: f ‘‘(3) an amendment to the list required by ‘‘(E) HEALTH CARE WORKERS WITH OTHER OB- AUTHORITY FOR COMMITTEES TO paragraph (1) at the time any country quali- LIGATIONS.— fies as a candidate country due to special cir- ‘‘(i) IN GENERAL.—An alien who seeks to MEET cumstances under subsection (b)(1)(C).’’. enter the United States for the purpose of COMMITTEE ON COMMERCE, SCIENCE, AND (2) RULEMAKING.— performing labor as a physician or other TRANSPORTATION (A) REQUIREMENT.—Not later than 180 days health care worker is inadmissible unless the Mr. HARKIN. Mr. President, I ask after the date of the enactment of this Act, alien submits to the Secretary of Homeland unanimous consent that the Com- the Secretary of Homeland Security shall Security or the Secretary of State, as appro- promulgate regulations to carry out the priate, an attestation that the alien is not mittee on Commerce, Science, and amendments made by this subsection. seeking to enter the United States for such Transportation be authorized to hold a (B) CONTENT.—The regulations promul- purpose during any period in which the alien hearing during the session of the Sen- gated pursuant to paragraph (1) shall— has an outstanding obligation to the govern- ate on Tuesday, October 23, 2007, at 10

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.002 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27960 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 October 23, 2007 a.m., in room 253 of the Russell Senate on Tuesday, October 23, 2007, at 10 a.m. ment of the science of hydrography. Office Building. in order to conduct a hearing entitled Reorganization of the IHO will result This hearing will examine the Sur- ‘‘Six Years After Anthrax: Are We Bet- in a more flexible, efficient, and visible face Transportation Board’s recent and ter Prepared to Respond to Bioter- organization. ongoing efforts related to the commer- rorism?’’ Ratification of the Protocol would cial regulation of railroads, including The PRESIDING OFFICER. Without serve important U.S. interests. United rulemakings and recent cases. Wit- objection, it is so ordered. States commercial shipping, the nesses will provide their perspectives SELECT COMMITTEE ON INTELLIGENCE United States Navy, and the scientific on the STB and its effectiveness in bal- Mr. HARKIN. Mr. President, I ask research community rely heavily on ancing the commercial needs of rail- unanimous consent that the Select hydrographic information collected roads and their customers and will pro- Committee on Intelligence be author- and shared under the auspices of the vide an update on the Government Ac- ized to meet during the session of the IHO. The United States plays an impor- countability Office 2006 report review- Senate on October 23, 2007 at 2:30 p.m. tant leadership role in the IHO and as ing the freight railroad industry. to hold a closed hearing. a result enjoys expeditious and eco- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without nomical access to this information. objection, it is so ordered. objection, it is so ordered. Moreover, the United States has com- COMMITTEE ON COMMERCE, SCIENCE, AND f mitted more resources than any other TRANSPORTATION country to research, development, and Mr. HARKIN. Mr. President, I ask REMOVAL OF INJUNCTION OF SE- evaluation of hydrographic instru- unanimous consent that the Com- CRECY—TREATY DOCUMENT NO. ments and therefore stands to benefit mittee on Commerce, Science, and 110–9 significantly from the efficiencies gen- Transportation be authorized to hold a Mrs. FEINSTEIN. Mr. President, as erated by this reorganization. hearing during the session of the Sen- in executive session, I ask unanimous Article XXI of the Convention sets ate on Tuesday, October 23, 2007, at 2:30 consent that the injunction of secrecy forth the procedure for the approval p.m., in room 253 of the Russell Senate be removed from the following treaty and entry into force of amendments: Office Building. transmitted to the Senate on October Amendments that are adopted or ‘‘ap- The hearing is on the nomination of 23, 2007, by the President of the United proved’’ by the Conference enter into Mr. Todd J. Zinser, Inspector General— States: force for all Contracting Parties to the Designate, United States Department Protocol of Amendments to Conven- Convention 3 months after two-thirds of Commerce; Mr. Robert Clarke tion on International Hydrographic Or- of the Contracting Parties have noti- Brown, Member of the Board of Direc- ganization, Treaty Document No. 110–9. fied the depositary of the their consent tors—Designate, Metropolitan Wash- I further ask unanimous consent that to be bound. ington Airports Authority; Mr. Carl B. the treaty be considered as having been I recommend that the Senate give Kress, Commissioner—Designate, Fed- read the first time; that it be referred, prompt and favorable consideration to eral Maritime Commission; and Mr. A. with accompanying papers, to the Com- the Protocol and give its advice and Paul Anderson, Commissioner (Re- mittee on Foreign Relations and or- consent to ratification. appointment), Federal Maritime Com- dered to be printed; and that the Presi- GEORGE W. BUSH. mission. dent’s message be printed in the THE WHITE HOUSE, October 23, 2007. The PRESIDING OFFICER. Without RECORD. f objection, it is so ordered. The PRESIDING OFFICER. Without COMMITTEE ON ENVIRONMENT AND PUBLIC objection, it is so ordered. MEASURES READ THE FIRST WORKS The message of the President is as TIME—S. 2216 AND S. 2217 Mr. HARKIN. Mr. President, I ask follows: Mrs. FEINSTEIN. Mr. President, I unanimous consent that the Com- To the Senate of the United States: understand that there are two bills at mittee on Environment and Public With a view to receiving the advice the desk, and I ask for their first read- Works be authorized to meet during and consent of the Senate to ratifica- ing en bloc. the session of the Senate on Tuesday, tion, I transmit herewith the Protocol The PRESIDING OFFICER. The October 23, 2007 at 10 a.m. in room 406 of Amendments to the Convention on clerk will report the bills by title for of the Dirksen Senate Office Building the International Hydrographic Orga- the first time. in order to hold a hearing entitled, nization done at Monaco on April 14, The legislative clerk read as follows: ‘‘Examining the human health impacts 2005. The Protocol amends the Conven- tion on the International Hydrographic A bill (S. 2216) to amend the Internal Rev- of global warming.’’ enue Code of 1986 to extend the Indian em- The PRESIDING OFFICER. Without Organization, which was done at ployment credit and the depreciation rules objection, it is so ordered. Monaco on May 3, 1967, and entered for property used predominantly within an COMMITTEE ON HEALTH, EDUCATION, LABOR, into force for the United States on Sep- Indian reservation. AND PENSIONS tember 22, 1970 (TIAS 6933; 21 UST 1857; A bill (S. 2217) to amend the Internal Rev- Mr. HARKIN. Mr. President, I ask 752 UNTS 41). I am also transmitting, enue Code of 1986 to extend the taxable in- unanimous consent that the Com- for the information of the Senate, the come limit on percentage depletion for oil mittee on Health, Education, Labor, report of the Secretary of State on the and natural gas produced from marginal properties. and Pensions be authorized to hold a Protocol. hearing entitled ‘‘EEOICPA: Is the Pro- The Protocol will facilitate the reor- Mrs. FEINSTEIN. I now ask for a sec- gram Claimant Friendly for Our Cold ganization of the International Hydro- ond reading, and in order to place the War Heroes?’’ during the session of the graphic Organization (IHO). The IHO, bills on the calendar under the provi- Senate on Tuesday, October 23, 2007 at which is a technical and consultative sions of rule XIV, I object to my re- 10 a.m. in room 430 of the Dirksen Sen- international organization headquar- quests en bloc. ate office building. tered in Monaco, facilitates safe and ef- The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. Without ficient maritime navigation through- tion is heard. The bills will receive objection, it is so ordered. out the world. It accomplishes these their second reading on the next legis- COMMITTEE ON HOMELAND SECURITY AND objectives by facilitating the coordina- lative day. GOVERNMENTAL AFFAIRS tion of the activities of national hydro- f Mr. HARKIN. Mr. President, I ask graphic offices, promoting uniformity unanimous consent that the Com- in the nautical charts and documents ORDERS FOR WEDNESDAY, mittee on Homeland Security and Gov- generated by such offices, encouraging OCTOBER 24, 2007 ernmental Affairs be authorized to the adoption of reliable surveying Mrs. FEINSTEIN. Mr. President, I meet during the session of the Senate methods, and fostering the develop- ask unanimous consent that when the

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR07\S23OC7.002 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 20 27961 Senate completes its business today, it DONA M. DINKLER, OF VIRGINIA ROBERT I. BLAU, OF VIRGINIA GARY FLYNN FULLER, OF CALIFORNIA THURMOND H. BORDEN, OF TEXAS stand adjourned until 9 a.m., Wednes- LAWRENCE HARDY II, OF WASHINGTON PHILIP JACKSON BREEDEN, JR., OF CALIFORNIA day, October 24; that on Wednesday, MICHAEL T. HARVEY, OF TEXAS MATTHEW J. BRYZA, OF CALIFORNIA JAMES M. HARMON, OF MARYLAND PIPER ANNE-WIND CAMPBELL, OF NEW YORK following the prayer and pledge, the EDITH FAYSSOUX JONES HUMPHREYS, OF FLORIDA THOMAS H. CASEY, JR., OF NEW JERSEY Journal of proceedings be approved to BROOKE ANDREA ISHAM, OF WASHINGTON KAREN LISE CHRISTENSEN, OF VIRGINIA DAVID LEONG, OF VIRGINIA ROBERT JOHN CLARKE, OF FLORIDA date, the morning hour be deemed ex- BOBBIE E. MYERS, OF FLORIDA JOHN ALAN CONNERLEY, OF CALIFORNIA pired, the time for the 2 leaders re- CHARLES ERIC NORTH, OF VIRGINIA THOMAS FREDERICK DAUGHTON, OF NEW YORK MARTHA ERIN SOTO, OF VIRGINIA ROBERT RICHARD DOWNES, OF TEXAS served for their use later in the day, DENNIS J. WELLER, OF ILLINOIS SUSAN MARSH ELLIOTT, OF VIRGINIA and the Senate then resume executive MELISSA ANN WILLIAMS, OF VIRGINIA LAURA PATRICIA FAUX-GABLE, OF VIRGINIA THE FOLLOWING-NAMED CAREER MEMBERS OF THE JULIE A. FURUTA-TOY, OF CALIFORNIA session and consideration of the South- SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF GONZALO ROLANDO GALLEGOS, OF TEXAS wick nomination, with the time until STATE FOR PROMOTION IN THE SENIOR FOREIGN SERV- PEGGY ANN GENNATIEMPO, OF WASHINGTON ICE TO THE CLASSES INDICATED: THOMAS HENRY GOLDBERGER, OF NEW JERSEY 11 a.m. equally divided and controlled CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE ROBERT DANIEL GRIFFITHS, OF NEVADA between the 2 leaders or their des- OF THE UNITED STATES OF AMERICA, CLASS OF CAREER EVA JANE GROENING, OF NEW JERSEY ignees, and the time from 10:40 a.m. to MINISTER: TED WILLIAM HALSTEAD, OF VIRGINIA PAMELA E. BRIDGEWATER, OF MARYLAND D. BRENT HARDT, OF FLORIDA 11 a.m. divided and controlled between STEVEN A. BROWNING, OF TEXAS CLIFFORD AWTREY HART, JR., OF VIRGINIA the 2 leaders, with the majority leader JEREMY F. CURTIN, OF MARYLAND FRANCISCA THOMAS HELMER, OF CALIFORNIA DANIEL FRIED, OF CALIFORNIA SIMON HENSHAW, OF MASSACHUSETTS controlling the final 10 minutes; that FRANCIS JOSEPH RICCIARDONE, JR., OF NEW HAMPSHIRE LESLIE C. HIGH, OF PENNSYLVANIA ANTHONY ALONZO HUTCHINSON, OF WASHINGTON the Senate then proceed to vote on the CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE DOROTHY SENGER IMWOLD, OF FLORIDA motion to invoke cloture on the nomi- OF THE UNITED STATES OF AMERICA, CLASS OF MIN- TINA S. KAIDANOW, OF NEW YORK nation at 11 a.m., as provided for under ISTER-COUNSELOR: ANN N. KAMBARA, OF CALIFORNIA BERNADETTE MARY ALLEN, OF MARYLAND DAVID JOEL KATZ, OF WASHINGTON a previous order. BETSY LYNN ANDERSON, OF VIRGINIA NEIL R. KLOPFENSTEIN, OF IOWA The PRESIDING OFFICER. Without CLAUDIA E. ANYASO, OF THE DISTRICT OF COLUMBIA CHRISTOPHER A. LAMBERT, OF VIRGINIA EDMUND EARL ATKINS, OF CALIFORNIA JOHN CHARLES LAW, OF VIRGINIA objection, it is so ordered. JOYCE A. BARR, OF WASHINGTON FRANK JOSEPH LEDAHAWSKY, OF NEW JERSEY KEVIN MICHAEL BARRY, OF VIRGINIA LEWIS ALAN LUKENS, OF VERMONT f LESLIE ANN BASSETT, OF CALIFORNIA CAROL LYNN MACCURDY, OF VIRGINIA DONNA M. BLAIR, OF LOUISIANA KEVIN K. MAHER, OF VIRGINIA ADJOURNMENT UNTIL 9 A.M. ANNE TAYLOR CALLAGHAN, OF VIRGINIA JOHN A. MATEL, OF WASHINGTON TOMORROW ARNOLD A. CHACO´ N, OF NEW YORK ROBIN HILL MATTHEWMAN, OF WASHINGTON MICHAEL HUGH CORBIN, OF CALIFORNIA MATTHEW JOHN MATTHEWS, OF VIRGINIA The PRESIDING OFFICER. Under GENE ALLAN CRETZ, OF NEW YORK LOUIS MAZEL, OF NEW HAMPSHIRE MICHAEL JOSEPH DARMIENTO, OF VIRGINIA MICHAEL WILLIAM MCCLELLAN, OF KENTUCKY the previous order, the Senate stands JONATHAN D. FARRAR, OF CALIFORNIA KENNETH H. MERTEN, OF VIRGINIA adjourned until 9 a.m. tomorrow morn- PHILIP S. GOLDBERG, OF NEW YORK LAWRENCE MIRE, OF CALIFORNIA GARY A. GRAPPO, OF FLORIDA MICHAEL CHASE MULLINS, OF NEW HAMPSHIRE ing. CHARLES H. GROVER, OF NEW HAMPSHIRE RICHARD WALTER NELSON, OF CALIFORNIA Thereupon, the Senate, at 9:28 p.m., DAVID M. HALE, OF NEW JERSEY VIRGINIA E. PALMER, OF VIRGINIA ROBERT PORTER JACKSON, OF VIRGINIA ROBERT PATTERSON, OF PENNSYLVANIA adjourned until Wednesday, October 24, TRACEY ANN JACOBSON, OF THE DISTRICT OF COLUMBIA CLAIRE A. PIERANGELO, OF CALIFORNIA 2007, at 9 a.m. STUART E. JONES, OF PENNSYLVANIA H. DEAN PITTMAN, OF MISSISSIPPI PETER GRAHAM KAESTNER, OF FLORIDA ROBERT GLENN RAPSON, OF NEW HAMPSHIRE f SUSAN E. KEOGH, OF CALIFORNIA PHILIP THOMAS REEKER, OF NEW YORK NABEEL A. KHOURY, OF NEW YORK GARY D. ROBBINS, OF WASHINGTON NOMINATIONS LISA JEAN KUBISKE, OF VIRGINIA TODD DAVID ROBINSON, OF NEW JERSEY JOSEPH ESTEY MACMANUS, OF NEW YORK MATTHEW M. ROONEY, OF TEXAS Executive nominations received by HAYNES RICHARDSON MAHONEY III, OF DOROTHEA-MARIA ROSEN, OF CALIFORNIA MASSACHUSETTS ANDREW T. SIMKIN, OF WASHINGTON the Senate: M. LEE MCCLENNY, OF WASHINGTON PAMELA LEORA SPRATLEN, OF CALIFORNIA DEPARTMENT OF DEFENSE NANCY E. MCELDOWNEY, OF FLORIDA WILLIAM RALPH STEWART, OF TEXAS CHRISTOPHER J. MCMULLEN, OF THE DISTRICT OF STEPHANIE SANDERS SULLIVAN, OF MARYLAND JAMES SHINN, OF NEW JERSEY, TO BE AN ASSISTANT COLUMBIA SUSAN M. SUTTON, OF VIRGINIA SECRETARY OF DEFENSE. (NEW POSITION) JAMES DESMOND MELVILLE, JR., OF NEW JERSEY ALAINA TEPLITZ, OF THE DISTRICT OF COLUMBIA WILLIAM H. MOSER, OF FLORIDA HEATHER ANN TOWNSEND, OF THE DISTRICT OF DEPARTMENT OF TRANSPORTATION SANDRA M. MUENCH, OF FLORIDA COLUMBIA ROBERT A. STURGELL, OF MARYLAND, TO BE ADMINIS- ANTHONY MUSE, OF TENNESSEE JEFFREY STEWART ALEXANDER TUNIS, OF FLORIDA TRATOR OF THE FEDERAL AVIATION ADMINISTRATION GERALDINE H. O’BRIEN, OF MASSACHUSETTS THOMAS E. WILLIAMS, JR., OF VIRGINIA FOR THE TERM OF FIVE YEARS, VICE MARION C. JAMES A. PAIGE, OF OHIO BISA WILLIAMS-MANIGAULT, OF TEXAS BLAKEY, TERM EXPIRED. ISIAH L. PARNELL, OF FLORIDA MARY HILLERS WITT, OF PENNSYLVANIA MICHAEL BERNARD REGAN, OF NEW JERSEY ROBERT A. WOOD, OF NEW YORK FOREIGN SERVICE PAUL EDWARD ROWE, OF VIRGINIA LARRY SCHWARTZ, OF WASHINGTON CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, THE FOLLOWING-NAMED CAREER MEMBERS OF THE JUSTINE M. SINCAVAGE, OF PENNSYLVANIA CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND SENIOR FOREIGN SERVICE OF THE AGENCY FOR INTER- JAY THOMAS SMITH, OF INDIANA SECRETARIES IN THE DIPLOMATIC SERVICE OF THE NATIONAL DEVELOPMENT FOR PROMOTION WITHIN AND BARBARA J. STEPHENSON, OF FLORIDA UNITED STATES OF AMERICA: INTO THE SENIOR FOREIGN SERVICE TO THE CLASSES AGU SUVARI, OF RHODE ISLAND CHERYL L. ALSTON, OF TEXAS INDICATED: TEDDY B. TAYLOR, OF MARYLAND ROBERT DOUGLAS BARTON, OF TEXAS CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, DONALD GENE TEITELBAUM, OF VIRGINIA KEVIN W. BAUER, OF VIRGINIA CLASS OF CAREER MINISTER: MARGARET A. UYEHARA, OF VIRGINIA STEPHEN P. BRUNETTE, OF VIRGINIA ANNE H. AARNES, OF VERMONT JAMES B. WARLICK, JR., OF CALIFORNIA SCOTT P. BULTROWICZ, OF OHIO HILDA MARIE ARELLANO, OF TEXAS KEVIN MICHAEL WHITAKER, OF VIRGINIA KENNETH B. DEKLEVA, OF TEXAS DAWN M. LIBERI, OF FLORIDA MARY JO WILLS, OF VIRGINIA LOREN F. FILE, JR., OF VIRGINIA KAREN DENE´ TURNER, OF THE DISTRICT OF COLUMBIA MARIE L. YOVANOVITCH, OF CONNECTICUT GREGORY V. GAVAGAN, OF FLORIDA JOSEPH G. HAYS III, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, THE FOLLOWING-NAMED CAREER MEMBERS OF THE JOHN F. HERNLY, OF MARYLAND CLASS OF MINISTER-COUNSELOR: FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR KIBBY FELECIA JORGENSEN, OF FLORIDA DEBORAH K. KENNEDY-IRAHETA, OF VIRGINIA FOREIGN SERVICE, AND FOR APPOINTMENT AS CON- GEORGE G. LAMBERT, OF INDIANA ERNA WILLIS KERST, OF THE DISTRICT OF COLUMBIA SULAR OFFICERS AND SECRETARIES IN THE DIPLO- PHILLIP S. LOUH, OF NEW JERSEY HOWARD JEFFREY SUMKA, OF MARYLAND MATIC SERVICE, AS INDICATED: JAMES P. MCDERMOTT, OF MARYLAND LEON S. WASKIN, JR., OF FLORIDA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE BILL A. MILLER, OF GEORGIA PAUL E. WEISENFELD, OF THE DISTRICT OF COLUMBIA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- RICHARD A. NICHOLAS, OF COLORADO SUSUMU KEN YAMASHITA, OF FLORIDA SELOR: ROBERT A. RILEY, OF FLORIDA GREGORY ADAMS, OF ARIZONA MICHAEL H. ROSS, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, SUSAN ELAINE ALEXANDER, OF WASHINGTON ERIC N. RUMPF, OF WASHINGTON CLASS OF COUNSELOR: RICHARD HANSON APPLETON, OF CALIFORNIA DONALD A. SCHENCK, OF VIRGINIA JENNIFER ADAMS, OF NEW YORK MICHAEL LEE BAJEK, OF TEXAS JOHN W. SCHILLING, OF VIRGINIA JOHN A. BEED, OF MARYLAND ROBERT DAVID BANKS, OF VIRGINIA CONRAD V. SCHMITT, OF TEXAS BETH ELLEN CYPSER-KIM, OF NEW YORK JOHN R. BASS II, OF NEW YORK JAMES E. VANDERPOOL, OF CALIFORNIA THOMAS R. DELANEY, OF PENNSYLVANIA ROBERT STEPHEN BEECROFT, OF CALIFORNIA FRONTIS B. WIGGINS, OF VIRGINIA

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00069 Fmt 0686 Sfmt 9801 E:\BR07\S23OC7.002 S23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27962 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 HOUSE OF REPRESENTATIVES—Tuesday, October 23, 2007

The House met at 9 a.m. and was not just the ice caps shrink but the How is it going to be paid for? What is called to order by the Speaker pro tem- snow pack being reduced, we watch the planning that needs to take place? pore (Mr. LINCOLN DAVIS of Tennessee). evaporation being accelerated as a re- Every one of us should be insisting f sult of the elevated temperatures, and that we shift to basinwide framework we see that thirsty crops need more for analyzing and solving water prob- DESIGNATION OF SPEAKER PRO water because of the global warming. lems, not just looking at isolated in- TEMPORE Agriculture of course is 90 percent of stances. The SPEAKER pro tempore laid be- our water commitment. It is time for us to be serious about a fore the House the following commu- Now, there is going to be more fric- funding solution. In 1978, the Federal nication from the Speaker: tion, more problems over time with Government provided 78 percent of the WASHINGTON, DC, October 23, 2007. Water and Agriculture. We have some funding for our water quality problems. I hereby appoint the Honorable LINCOLN of our programs that have been enacted Today, that is just 3 percent. Even that DAVIS to act as Speaker pro tempore on this that are just plain silly. We continue 3 percent is as uncertain, as it is inad- day. to grow heavily subsidized cotton with equate. It is time to establish a water NANCY PELOSI, subsidized water in the desert, some- trust fund, like the Highway Trust Speaker of the House of Representatives. thing that long since should have been Fund, to help be a partner with State f phased out. The New York Times Mag- and local communities in meeting azine this weekend featured the South- water quality needs. Finally, we need MORNING-HOUR DEBATE west United States water problems, es- to begin addressing the ultimate ques- The SPEAKER pro tempore. Pursu- pecially centered on the Colorado tion of who is going to get the water ant to the order of the House of Janu- River and the demands that are rising and why, beyond just some historic ac- ary 4, 2007, the Chair will now recog- there. But this tremendous problem is cident and water rights policy no nize Members from lists submitted by not limited to the southwest. On the longer adequate for today’s challenges. the majority and minority leaders for front page of this morning’s paper we I strongly urge my friends in Con- morning-hour debate. see the Georgia delegation in Congress gress to reflect on the 35th anniversary The Chair will alternate recognition is suggesting that they deal with their of the Clean Water Act by getting seri- between the parties, with each party severe drought and water supply prob- ous today with our constituents at limited to 25 minutes and each Mem- lems by ignoring the environmental home about what we are going to do for ber, other than the majority and mi- regulations of the Endangered Species the next 35 years of clean water. nority leaders and the minority whip, Act, upsetting not just environmental- f limited to 5 minutes, but in no event ists but their friends downstream. It is RECESS shall debate continue beyond 9:50 a.m. a problem we are familiar with in the The Chair recognizes the gentleman Pacific Northwest, where we have a se- The SPEAKER pro tempore. Pursu- from Oregon (Mr. BLUMENAUER) for 5 verely water stressed Klamath River ant to clause 12(a) of rule I, the Chair minutes. Basin, where the Federal Government declares the House in recess until 10 f as in most all instances has been part a.m. today. of the problem as we promise more Accordingly (at 9 o’clock and 6 min- CLEAN WATER ACT water to more diverse users than na- utes a.m.), the House stood in recess Mr. BLUMENAUER. Mr. Speaker, ture can deliver. until 10 a.m. last week we observed the 35th anniver- It is time for us to revisit, not just f sary of the Clean Water Act, and it was the celebration of the 35th anniversary b 1000 an important observation here on the of the Clean Water Act, but revisit our floor as we dealt with the impact that commitment that is embodied in that AFTER RECESS that new law had, the heightened Act and where we are going over the The recess having expired, the House awareness and the progress that re- next 35 years. was called to order by the Speaker pro sulted. Back in 1972 when the law was It is important that we deal with tempore (Ms. DEGETTE) at 10 a.m. enacted, only one-third of our water- very real problems of environmental f ways met water quality standards. quality requirements to save fish and Two-thirds did not. In the course of wildlife and protect eco systems and, PRAYER that 35 years, we have reversed that: indeed, human life. We are watching The Reverend Bobby L. Johnson, Now there are only one-third that the problems of diminishing supplies as First Assembly of God, Van Buren, Ar- don’t meet the goal. But the fact is we mine fossilized water in ancient un- kansas, offered the following prayer: that there still is one-third that are derground aquifers. Global warming of Almighty God, today we come hum- not in compliance with our basic water course is going to make all of these bly and thankfully to You. Humbly, for quality standards. problems more complex, more severe, allowing each of us to be in our posi- When we look under the ground, the and harder to solve. tions and thankfully, for Your guid- situation is even worse. There are over Every Member of Congress needs to ance at this time. 72,000 miles of sewer pipe and water do more than just celebrate the 35th None of us knows what this day main that are over 80 years old. It is anniversary of the Clean Water Act. I holds, but we trust You to see us one of the reason large sink holes open would hope that, in the months ahead, through every decision we make. Help up and swallow trucks in American every one of us does an assessment at us to realize that it is by Your hand streets, why the American Society of home to find out how bad the situation that we are free and well. Grant us wis- Civil Engineers has given our water in- is with our local water supply, storm dom to know the right thing to do in frastructure a D-minus grade. water, sewage, and drainage. Are we every decision. Give us the strength to All of this is compounded by the one of the over 1,000 communities with follow through with what is right re- stress from global warming, as we see combined sewer overflow problems? gardless of the consequences.

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.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 27963 Within the hands of these public spend taxpayers’ hard-earned money. DEMOCRATS TRYING TO EASE THE servants rests the destiny of this great Yesterday, rather than encouraging us PAIN OF MIDDLE CLASS FAMI- Nation. Help this great body to bring to invest in the good health of our chil- LIES BY MAKING COLLEGE AF- peace to our Nation and the world. dren here at home, the President asked FORDABLE Give them the wisdom of Solomon, the for permission to spend $200 billion in strength of Samson, the faith of Abra- Iraq. Well, it is okay to ask and it is (Mr. CLEAVER asked and was given ham, and the ability of David to ac- okay to respond by saying, ‘‘No, thank permission to address the House for 1 complish the challenges we face. In you.’’ The health of our Nation’s chil- minute and to revise and extend his re- Jesus’ name, Amen. dren is more valuable than making marks.) f more of a mess in Iraq. Mr. CLEAVER. Madam Speaker, I am My friends, enough is enough. It is very pleased to have the opportunity to THE JOURNAL time to spend our tax dollars right here address the House. I am excited to be a The SPEAKER pro tempore. The at home. Last week, 44 Republicans Democrat. I always take pleasure in Chair has examined the Journal of the joined the Democratic majority in at- giving reasons for why I am a member last day’s proceedings and announces tempting to override the President’s of the Democratic Party. to the House her approval thereof. veto of the State Children’s Health In- Since taking control of Congress, Pursuant to clause 1, rule I, the Jour- surance Program, known as SCHIP. Democrats have worked to pass legisla- nal stands approved. This issue is not going away. We will tion that will help families once again f prevail. It is a matter of how long it live the American Dream. Over the last will take. 6 years, college costs have shot up 40 PLEDGE OF ALLEGIANCE Here are some facts to keep in mind: percent, putting higher education out The SPEAKER pro tempore. Will the SCHIP saves tax dollars by sending of reach for most Americans. I have gentleman from Arkansas (Mr. children in need to the doctor’s office, one son in college today, and I can tell BOOZMAN) come forward and lead the not to the costly emergency room. And you I am excited over the fact that we House in the Pledge of Allegiance. over 90 percent of those in SCHIP earn passed, and the President did, in fact, Mr. BOOZMAN led the Pledge of Alle- less than $41,000 a year. There is a bet- sign the College Cost Reduction Act of giance as follows: ter way of doing things in America. By 2007. This law is the single largest in- I pledge allegiance to the Flag of the working together, we will find it and crease in college aid since the GI Bill. United States of America, and to the Repub- guarantee access to health care for all It strengthens the middle class by cut- lic for which it stands, one nation under God, those in need. ting interest rates in half and sub- indivisible, with liberty and justice for all. sidizes student loans over the next 5 years. We are also able, in this bill, to f f increase the maximum Pell Grant WELCOMING THE REVEREND scholarships by $500. BOBBY L. JOHNSON RUSH LIMBAUGH LETTER RAISES MILLIONS Madam Speaker, I am pleased and I (Mr. BOOZMAN asked and was given am excited to be a Democrat. permission to address the House for 1 (Mr. WILSON of South Carolina minute.) asked and was given permission to ad- f Mr. BOOZMAN. Madam Speaker, it is dress the House for 1 minute and to re- my pleasure to introduce a good friend, vise and extend his remarks.) SCHIP a man who ministers to the men and Mr. WILSON of South Carolina. women of western Arkansas, a man of Madam Speaker, last week, America’s (Mr. BOUSTANY asked and was God, our guest chaplain, the Reverend number one radio personality, Rush given permission to address the House Bobby L. Johnson of Van Buren, Ar- Limbaugh, auctioned off for charity a for 1 minute and to revise and extend kansas. He has been pastor of First As- letter shamefully signed by a group of his remarks.) sembly of God in Van Buren since June 41 Democratic Senators. The letter to Mr. BOUSTANY. Madam Speaker, of 1980. Since then, the church has Limbaugh’s employer attacked Rush SCHIP continues to be used as a polit- grown from over 200 at Sunday School for comments blatantly distorted by ical game by Washington liberals. Sen- to over 2,000, placing it among the fast- Media Matters regarding persons who sible, effective compromise does exist est growing Sunday Schools in Arkan- had lied about their service in the mili- to bring meaningful bipartisan support sas and the Nation. tary. for this necessary program. His mission is bringing the Word to the people through his extensive out- I am happy to report that the Senate The Kids First bill, of which I am a reach, from mobile ministry to tele- letter of infamy was auctioned for $2.1 cosponsor, adds 1.3 million new chil- vision and over the Internet. A grad- million, an amount Rush says he will dren to the SCHIP program by 2012. It uate of both the University of Central generously match. That brings the encourages the States to move children Arkansas and Evangel College in Mis- total to $4.2 million. to private coverage. Kids First provides souri, Pastor Johnson has taught pub- The money will be donated to the $14 billion in new SCHIP allotments, lic high school and pastored three Marine Corps-Law Enforcement Foun- and it includes $400 million in grants other churches in Arkansas. dation. This charitable organization for outreach and enrollment. This is a It is my honor to welcome Pastor provides financial assistance to the sensible approach. Johnson to the House of Representa- children of fallen marines and law en- I support SCHIP, and I am com- tives and thank him for his service to forcement officers. I wish to commend mitted to ensuring that it is a success- his calling and to the people of Arkan- Rush for overcoming what was clearly ful program that helps children who sas. a political ploy to chill his first amend- need it and the children for whom it ment rights of free speech. Rush took was really intended, those who are in f an abusive power by Democratic lead- poverty. It makes SCHIP a program for SCHIP ership and turned it into something those whom it was intended for. (Mr. KAGEN asked and was given positive. Between Rush Limbaugh and I thank my colleagues, Representa- permission to address the House for 1 Senate Democrats, America knows who tives CAMP and HULSHOF, for their minute and to revise and extend his re- really supports our troops. work on this bill. I ask my colleagues marks.) In conclusion, God bless our troops on the other side of the aisle to join us Mr. KAGEN. Madam Speaker, our and we will never forget September the in this compromise approach to help Nation’s values are reflected in how we 11th. put our poor children first.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27964 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 RECOGNIZING THE U.S. ARMY’S men have been domestically assaulted rescue the men began immediately but 3RD ARROWHEAD BRIGADE–2ND at some point in their lives. was brought to a halt because of our INFANTRY DIVISION In my home State of Nebraska, there FISA law, by the need for military law- (Mr. SMITH of Washington asked and are more than 5,800 protection orders yers to jump through legal hoops in was given permission to address the needed for those living in fear of vio- order to gain approval to conduct sur- House for 1 minute and to revise and lence. Domestic violence is an issue veillance of terrorist communications. extend his remarks.) which too often is swept under the rug Ten hours passed before they were Mr. SMITH of Washington. Madam or ignored. So as part of the Domestic granted such permission. The search Speaker, I rise today to pay tribute to Violence Awareness Month, I am wear- for a kidnapped U.S. soldier was halted a U.S. Army brigade from Fort Lewis, ing a purple ribbon to raise awareness so that lawyers could find grounds to Washington, that has served with dis- about the crime of domestic abuse as have the Attorney General grant spe- tinction in Iraq. we work toward ending this violence. cial permission to listen in on the com- On October 11, the last of the roughly f munications between the individuals in Iraq. Our FISA law, as the President 3,800 men and women of the 3rd Bri- SCHIP gade-2nd Infantry Division returned has requested, needs reform, not the home to Fort Lewis after completing (Mr. ISRAEL asked and was given flawed bill the Democrats are seeking their second deployment to Iraq. The permission to address the House for 1 to pass. minute and to revise and extend his re- Arrowhead Brigade has been a trail- f blazer for the Army as the first brigade marks.) to be outfitted with the Stryker com- Mr. ISRAEL. Madam Speaker, last b 1015 bat vehicles, the first Stryker Brigade week, despite the best efforts of the SPENDING FOR CHIP VERSUS to serve in Iraq, and now the first Democratic majority and about 44 Re- SPENDING IN IRAQ—IT’S ALL A Stryker Brigade to complete two tours publicans, we were unable to override QUESTION OF PRIORITIES in Iraq. the President’s veto of health insur- (Mr. HODES asked and was given per- During their recent deployment, the ance for the children of poor and work- mission to address the House for 1 Arrowhead Brigade supported oper- ing families. Now, I listened to the ar- minute and to revise and extend his re- ations in Mosul, Baghdad, Baqubah, gument that we can’t afford providing marks.) and other critical areas. On several oc- health care for our children, despite Mr. HODES. Madam Speaker, last casions they were asked to secure the fact that our SCHIP program was week the rubber stamp Republicans in downed U.S. aircraft and the sites of entirely paid for. this House once again held true to numerous suicide attacks. In addition, Look, Madam Speaker, I believe that their name by voting to stand with the the Arrowhead Brigade constantly re- a strong Nation can do both. You can President and reject health care cov- mained prepared to mobilize and de- be fiscally responsible and you can erage for 10 million American children. ploy anywhere in Iraq for any number take care of your children. Good fami- The spending priorities of the Presi- of contingencies within 24 hours. lies manage to be fiscally responsible In tribute to their brave service, and take care of their children. It is dent’s Republican allies in the House seven members of the brigade were just a matter of priorities. I will say, are simply out of line with the prior- awarded the Silver Star, the United Madam Speaker, that I was struck by ities of the American people. In fact, States’ third highest award for combat some of the mispriorities that I heard the 86 percent of Americans who sup- valor. In the course of their deploy- about. The same people who said that port this bipartisan CHIP reauthoriza- ment, the Arrowhead Brigade lost 48 of we can’t afford health insurance for tion might be interested to know that their comrades, with another 700 our children increased spending 7 per- for the cost of just 37 days in Iraq, we wounded. cent a year since 2001 and voted to in- could provide health care coverage to I want to express my deep condo- crease our debt limit 4 out of the past 10 million children. Yet the President’s lences to the 3–2 Brigade and the fami- 5 years. The difference is that they irresponsible, open-ended commitment lies of those fallen soldiers. Their con- spent on the wrong things. No spend- to the occupation in Iraq continues, tribution and sacrifice will not be for- ing? We can’t afford health care for while the number of American children gotten. The men and women of the 3–2 children but billions of dollars in tax without access to health care keeps Brigade have done everything their cuts for the most profitable oil compa- climbing. country has asked of them and more. nies on Earth? We can’t afford spending Madam Speaker, yesterday the Presi- We all should have the utmost respect for health insurance for our children dent asked Congress to borrow another and admiration for their service and but billions of dollars in spending in $196 billion to continue his failed sacrifice. no-bid contracts for Halliburton? We blank-check, no-plan policy in Iraq. But he and his Republican friends in f have increased the debt. We are putting it on our kids’ shoulders, and now we this body apparently feel that spending DOMESTIC VIOLENCE AWARENESS are telling our kids we can’t afford to $35 billion on a highly successful pro- MONTH help them with the x-rays. gram that provides health care to unin- sured children is excessive. (Mr. SMITH of Nebraska asked and f was given permission to address the It’s time for Republicans to stop House for 1 minute and to revise and FISA blindly following the President and extend his remarks.) (Mr. PITTS asked and was given per- start helping American families. Mr. SMITH of Nebraska. Madam mission to address the House for 1 f Speaker, recently Congress passed minute and to revise and extend his re- House Resolution 590, supporting the marks.) THE TAXPAYER CHOICE ACT goals of Domestic Violence Awareness Mr. PITTS. Madam Speaker, in the (Mrs. BACHMANN asked and was Month while raising awareness of do- early hours of May 11, seven U.S. sol- given permission to address the House mestic violence throughout our coun- diers were on lookout near a patrol for 1 minute and to revise and extend try. I am here to voice my support for base in Iraq. Some time before dawn, her remarks.) everyone impacted by this horrible heavily armed al Qaeda gunmen made Mrs. BACHMANN. Madam Speaker, I nightmare. This is an issue which af- coordinated surprise attacks on the want to bring before the body this fects millions in urban and rural areas soldiers. Four of the soldiers were morning an issue that needs more at- alike. It crosses economic lines, geo- killed and three others taken hostage. tention, not less, and that is the issue graphic lines and ethnic lines. No seg- What happened next is a travesty and a of the huge blob that ate the American ment of our population is immune. One failure of our public policy in support Dream called the alternative minimum out of five women and one out of 14 of the troops in the field. A search to tax. One thing that we are seeing is

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 27965 that the alternative minimum tax, 7. During this event, thousands of pro- to address the House for 1 minute and Madam Speaker, is set to rise at a level testers flooded the streets of the cap- to revise and extend his remarks.) so unprecedented that the American ital city in support of democracy and Mr. DANIEL E. LUNGREN of Cali- economy has not experienced anything to demand free and fair elections. The fornia. Madam Speaker, as we listen to like this in the last 40 years. protesters shouted ‘‘Belarus and Eu- the comments of our colleagues on the Right now, the tax burden for the av- rope,’’ and they waved European Union other side of the aisle, it is obvious erage American and to the economy is flags to express outrage against Alex- that what they intend to do is to make about 18.5 percent of GDP. If we don’t ander Lukashenko. That is the person this ‘‘SCHIP Week’’ and ‘‘SCHIP scale back on the alternative minimum the State Department has labeled ‘‘the Month.’’ You kind of wonder why they tax, we are looking at the tax burden last dictator of Europe.’’ are doing this. of GDP being almost 24 percent by mid- It is time for this dictator, who Reflect back on last week when we century. We have never seen this level cheated his way into office by stealing had a most important vote scheduled of taxation in our GDP. This means the elections last year, to step aside, for this floor that somehow was re- this money will come out of the pock- step down, and let the people decide moved. It was called the FISA vote. It ets of the American taxpayer and will who should lead their country through is the question of how we enable our- go into the coffers of the Federal Gov- legitimate and clean elections. The selves to protect us and our children ernment. world must not tolerate evil dictators, and our grandchildren against the at- This is a big concern, Madam Speak- and this one must step aside to allow tacks of those who are terrorists er, one that I am very concerned about, Belarus to join the modern world rath- around the world. We do it in many as I know most of the Members in this er than suffer under the oppressive and ways, but absolutely essential is intel- Chamber are as well. selfish rule of one man. ligence. In 1969, when the alternative min- I applaud, Madam Speaker, the cour- Madam Speaker, the FISA bill, the imum tax came in, it was 155 people. I age of the protesters who took to the Foreign Intelligence Surveillance Act, will close with the fact that this year streets in Belarus, and I stand with would have been destroyed by the bill we are looking at 23 million Americans them in their quest for freedom, de- placed on the floor last week by the impacted. mocracy, and the rule of law. majority, the so-called RESTORE Act. f f It actually gave greater protection to Osama bin Laden in a telephone con- PRESIDENT BUSH ASKS FOR AN- REAUTHORIZE SCHIP versation than an American citizen in OTHER $196 BILLION TO FUND (Mr. CARNAHAN asked and was the United States accused of a crime. THE WAR IN IRAQ IN 2008 given permission to address the House RESTORE: What does it mean? Re- (Ms. SHEA-PORTER asked and was for 1 minute and to revise and extend peal Effective Surveillance Techniques given permission to address the House his remarks.) Opposing Real Enemies. Go out to NSA for 1 minute.) Mr. CARNAHAN. Madam Speaker, and see what they are doing. Under- Ms. SHEA-PORTER. Madam Speak- President Bush and about 10 House Re- stand what we need to do in this coun- er, yesterday President Bush asked publicans are all that stand between 10 try and then bring a bill back to this Congress to rubber-stamp his plan to million children and the health care floor that restores the ability of the spend $196 billion next year on the war they need and deserve. I am deeply dis- United States to find out about our en- in Iraq. I have to tell the President: appointed in the President’s dumb- emies before they attack. not a nickel more for this war. founding veto of the SCHIP bill. He f Since the beginning of this year, con- reneged on his pledge he made when gressional Democrats have been trying running for re-election in 2004. TRIBUTE TO KENNETH T. to change a war policy from one where The bill to reauthorize SCHIP con- WHALUM, SR. our troops will stay there for more tinues coverage for 6 million kids cur- (Mr. COHEN asked and was given per- than a decade, to one where we have a rently covered and provides incentives mission to address the House for 1 responsible redeployment and bring the for another 4 million kids who have minute.) troops home next year. The President been falling through the cracks of the Mr. COHEN. Madam Speaker, the believes it’s acceptable to spend bil- health care system. The program con- City of Memphis, Tennessee, has lost lions of dollars in Iraq, while impor- tinues to focus on low- and moderate- one of its finest citizens, Kenneth tant domestic priorities here in our income families who earn too much for Whalum, Sr. own country go unmet. the Medicaid program, but can’t afford Kenneth Whalum, Sr., passed away While the President was crafting his private health care. last night. He was a pastor, he was a $196 billion war supplemental, the Madam Speaker, the big momentum two-time city councilman, he was a fa- Democratic House approved appropria- behind this historic bill is growing ex- ther, he was a family man, he was a tions bills that included targeted in- ponentially and will not be stopped. To leader in our community. vestments in our priorities here at those blocking the SCHIP reauthoriza- For 30 years, he was the pastor of the home: education, health care for vet- tion from becoming law, I say either Olivet Baptist Church and very highly erans, more police on the streets, car- get on board, get out of the way, or get respected in the community and among ing for American families. run over. The children’s health care the clergy. For 8 years, he was a city Madam Speaker, as Congress begins bill is on its way, either with or with- councilman, one time as a district to examine the President’s latest war- out you. councilman in a community known as funding bill, we will once again demand SCHIP supporters are even more de- Orange Mound. Then when he saw a that the President change course in termined than ever to get this done by higher calling and the need to address Iraq and get a responsible plan to bring the mid-November deadline. Let’s all a higher subject, he ran against an in- our troops home within the year. finish this job. For children’s health cumbent city councilman, at the time f care in America, it’s fourth and goal on unheard of, and was elected at large, the 1-yard line. Working together, we one of the first African Americans SUPPORT FOR BELARUS can overpower anyone left blocking the elected at large to the Memphis City (Mr. MARIO DIAZ-BALART of Flor- way. Council. ida asked and was given permission to f He was also a postal service employee address the House for 1 minute.) and had a career there and rose Mr. MARIO DIAZ-BALART of Flor- THE MEANING OF THE RESTORE through the ranks to director of per- ida. Madam Speaker, I rise today to ac- ACT sonnel. For that reason, this House, knowledge the pro-democracy rally (Mr. DANIEL E. LUNGREN of Cali- and this week with the President’s ac- that took place in Belarus on October fornia asked and was given permission tion, the post office at Third Street in

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27966 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 Memphis, Tennessee, will be named the home, but we can’t do it alone. I hope Whereas, the Member from California, Mr. Kenneth T. Whalum, Sr., Postal Build- this outrageous funding request serves Stark, engaged in personally abusive lan- ing. That is a tribute to his work and as a wake-up call to my Republican guage toward the President and Members of all postal employees. friends and starts a new dialogue to the House, including the use of language that impugns their motives. He had a family of which the City of bring our troops home. Whereas, the Member from California, Mr. Memphis is proud. His son Kenneth, f Stark dishonors not only the Commander-in- Jr., is a pastor and a member of the DISCLOSE SALARIES OF CERTAIN Chief, but the thousands of courageous men school board. His son Kirk Whalum is a and women of America’s armed forces who world-renowned saxophonist, and his GOVERNMENT CONTRACTORS believe in their mission and are putting their other son Kevin is a musician with a (Mr. MURPHY of Connecticut asked lives on the line for our freedom and secu- contract and a poet. and was given permission to address rity. There have been many great families the House for 1 minute.) Whereas, the Member from California, Mr. Mr. MURPHY of Connecticut. Madam Stark, has failed to retract his statement in the City of Memphis to get involved and apologize to the Members of the House, in politics, but none greater than the Speaker, when will it end with Black- our Commander-in-Chief, and the families of Whalums. The hair of the hypocrite water? Probably not soon enough. Just our soldiers and commanders fighting terror never was upon this family, and the yesterday, the Committee on Oversight overseas. idea of discrimination and bigotry or and Government Reform released find- Resolved, That the Member from Cali- intolerance never disgraced them ei- ings that show that Blackwater has po- fornia, Mr. Stark, by his despicable conduct, ther. He was a leader in biracial poli- tentially misclassified hundreds of has dishonored himself and brought discredit tics and activities in the City of Mem- workers in Iraq and Afghanistan, evad- to the House and merits the censure of the ing taxes and costing the taxpayers in House for the same. phis. He was a leader in being bipar- Resolved, The Member from California, Mr. tisan as well. the United States at least $30 million. Stark, is hereby so censured. There have been few people like Ken- This comes a few weeks after the same neth Whalum, Sr., in the City of Mem- committee discovered that Blackwater 1030 phis. There will be few to come. I share is raking in potentially $100 million in b his loss greatly. He was a supporter of profit off of their government con- The SPEAKER pro tempore (Mrs. mine who, although he had a stroke tracts. We have got to get this situa- TAUSCHER). The resolution presents a and had difficulty walking, came down tion under control. question of privilege. and did a political ad for me when he That is why I, along with Mr. WELCH MOTION TO TABLE OFFERED BY MR. THOMPSON could hardly get up the stairs, and on and Chairman WAXMAN, have intro- OF MISSISSIPPI television it was like an angel speak- duced legislation to require that pri- Mr. THOMPSON of Mississippi. ing. When JOHN CONYERS came to Mem- vate government contractors receiving Madam Speaker, I move to lay the res- phis in February, he made it up a more than 80 percent of their revenue olution on the table. whole flight of stairs to see JOHN CON- from Federal contracts, like Black- The SPEAKER pro tempore. The YERS, and a happier man I have not water, must disclose the salaries of question is on the motion to table. seen. He knew the post office was being their most highly compensated em- The question was taken; and the named for him before he passed. I am ployees. Speaker pro tempore announced that happy he knew that and I am happy I It just isn’t right for executives at the ayes appeared to have it. knew him. We have lost a great leader. Blackwater or anywhere else to make Mr. BOEHNER. Madam Speaker, on f their fortune off of war profiteering. It that I demand the yeas and nays. is our money, and we deserve to know The yeas and nays were ordered. NEW DIALOGUE NEEDED TO BRING how it is being used. The vote was taken by electronic de- TROOPS HOME I urge my colleagues to join me in vice, and there were—yeas 196, nays (Mr. BRALEY of Iowa asked and was supporting this commonsense legisla- 173, answered ‘‘present’’ 8, not voting given permission to address the House tion. 55, as follows: for 1 minute.) f [Roll No. 986] Mr. BRALEY of Iowa. Madam Speak- YEAS—196 er, it is clear that President Bush has QUESTION OF THE PRIVILEGES OF THE HOUSE Abercrombie Costa Herseth Sandlin no intention of changing the course in Ackerman Costello Higgins Iraq in any way before he leaves office Mr. BOEHNER. Madam Speaker, I Allen Courtney Hinchey in January 2009. In fact, both the Presi- offer a privileged resolution (H. Res. Andrews Cramer Hirono dent and the Pentagon have recently 767) and ask for its immediate consider- Arcuri Crowley Hodes Baca Cuellar Holt said that they expect American combat ation. Baird Davis (AL) Honda troops to be in Iraq for another 10 The SPEAKER pro tempore. The Baldwin Davis (CA) Hooley years; and just yesterday the President Clerk will report the resolution. Barrow Davis (IL) Hoyer The Clerk read as follows: Bean DeFazio Inslee requested an additional $196 billion to Becerra DeGette Israel fund the war in Iraq for the upcoming H. RES. 767 Berkley Delahunt Jackson (IL) year. Whereas, United States soldiers and per- Berman DeLauro Jackson-Lee The Democratic Congress rejects the sonnel in Iraq are fighting to protect inno- Berry Dicks (TX) Bishop (GA) Dingell Jefferson notion that our troops are needed in cent Americans from being attacked by al- Bishop (NY) Doggett Johnson (GA) Iraq for the next decade. If the Iraqi Qaeda and radical jihadists who are deter- Blumenauer Doyle Jones (OH) Government knows that we are going mined to kill the American people. Boswell Ellison Kagen to be there for 10 years, they have ab- Whereas, on October 18, 2007, in debate on Boucher Emanuel Kanjorski H.R. 976, Children’s Health Insurance Pro- Boyd (FL) Eshoo Kaptur solutely no reason to make any of the gram Reauthorization Act, the Member from Brady (PA) Etheridge Kennedy tough political compromises that they California, Mr. Stark, stated: ‘‘You don’t Braley (IA) Farr Kildee promised they would make when the Brown, Corrine Filner Kilpatrick have money to fund the war or children. But Capps Frank (MA) Klein (FL) troop escalation began earlier this you’re going to spend it to blow up innocent Capuano Giffords Kucinich year. Instead, we support a responsible people if we can get enough kids to grow old Cardoza Gillibrand Lampson redeployment out of Iraq so that the enough for you to send to Iraq to get their Carnahan Gonzalez Langevin heads blown off for the President’ amuse- Castor Gordon Lantos Iraqis can finally take control of their Chandler Green, Al Larsen (WA) own fate and so that we are no longer ment.’’ Whereas, on October 18, 2007, in a press re- Clarke Grijalva Larson (CT) Clay Gutierrez Lee sending more than $2 billion there lease, Rep. Pete Stark is quoted as saying: ‘‘I every week. Clyburn Hall (NY) Levin respect neither the Commander-in-Chief who Cohen Hare Lewis (GA) Madam Speaker, House Democrats keep them in harms way nor the Conyers Harman Lipinski are committed to bringing our troops chickenhawks in Congress.’’ Cooper Hastings (FL) Lofgren, Zoe

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 27967 Lowey Perlmutter Space ANSWERED ‘‘PRESENT’’—8 first of all, my colleagues, many of Lynch Peterson (MN) Spratt Boren Hill Melancon whom I have offended, to the Presi- Maloney (NY) Pomeroy Stark Cleaver Loebsack Moore (KS) dent, to his family, to the troops that Markey Price (NC) Stupak Davis, Lincoln Mahoney (FL) Marshall Rahall Sutton may have found in my remarks, as Matheson Rangel Tanner NOT VOTING—55 were suggested in the motion that we Matsui Richardson Tauscher Akin Hinojosa Platts just voted on, and I do apologize. McCarthy (NY) Rodriguez Taylor Bishop (UT) Hoekstra Poe For this reason, I think that we have McCollum (MN) Ross Thompson (CA) Bonner Holden Renzi a serious issue before us, the issue of McDermott Roybal-Allard Thompson (MS) Boyda (KS) Hunter Reyes McGovern Ruppersberger Tierney Brady (TX) Jindal Rogers (AL) providing medical care to children, the McIntyre Rush Towns Butterfield Johnson (IL) Rogers (KY) issue of what we do about a war that McNerney Ryan (OH) Tsongas Carson Johnson, E. B. Rothman we are divided about how to end. McNulty Salazar Udall (CO) Crenshaw Kind Simpson ´ Cubin King (NY) I hope that with this apology, I will Meek (FL) Sanchez, Linda Udall (NM) Snyder Culberson LaHood become as insignificant as I should be Meeks (NY) T. Van Hollen Souder ´ Cummings McHenry Michaud Sanchez, Loretta Velazquez Waxman and that we can return to the issues Edwards McKeon Miller (NC) Sarbanes Visclosky Weldon (FL) that do divide us, but that we can re- Miller, George Schakowsky Walz (MN) Engel Mollohan Everett Moore (WI) Westmoreland solve in a better fashion. Mitchell Schiff Wasserman Whitfield Murphy (CT) Schwartz Schultz Fattah Moran (VA) Madam Speaker, I yield back the bal- Feeney Murtha Wilson (OH) Murphy, Patrick Scott (GA) Waters ance of my time. Fossella Pastor Wynn Nadler Scott (VA) Watson Green, Gene Paul Young (FL) f Napolitano Serrano Watt Hastert Pickering Neal (MA) Sestak Weiner ANNOUNCEMENT BY THE SPEAKER Oberstar Shea-Porter Welch (VT) b 1101 PRO TEMPORE Obey Sherman Wexler Olver Sires Woolsey Mr. LEWIS of California and Mr. The SPEAKER pro tempore. Pursu- Ortiz Skelton Wu TIAHRT changed their vote from ant to clause 8 of rule XX, the Chair Pallone Slaughter Yarmuth ‘‘yea’’ to ‘‘nay.’’ will postpone further proceedings Pascrell Smith (WA) Messrs. HOLT, SMITH of Wash- today on motions to suspend the rules Payne Solis ington, and DOGGETT changed their on which a recorded vote or the yeas NAYS—173 vote from ‘‘nay’’ to ‘‘yea.’’ and nays are ordered, or on which the Mr. DONNELLY changed his vote vote is objected to under clause 6 of Aderholt Fortenberry Murphy, Tim Alexander Foxx Musgrave from ‘‘present’’ to ‘‘nay.’’ rule XX. Altmire Franks (AZ) Myrick So the motion to table was agreed to. Record votes on postponed questions Bachmann Frelinghuysen Neugebauer The result of the vote was announced will be taken later today. Bachus Gallegly Nunes as above recorded. f Baker Garrett (NJ) Pearce A motion to reconsider was laid on Barrett (SC) Gerlach Pence VIOLENT RADICALIZATION AND the table. Bartlett (MD) Gilchrest Peterson (PA) HOMEGROWN TERRORISM PRE- Barton (TX) Gingrey Petri Stated for: VENTION ACT OF 2007 Biggert Gohmert Pitts Mr. PASTOR. Madam Speaker, on rollcall Bilbray Goode Porter No. 986, I was at a meeting away from my of- Mr. THOMPSON of Mississippi. Bilirakis Goodlatte Price (GA) Madam Speaker, I move to suspend the Blackburn Granger Pryce (OH) fice and unable to return on time. Had I been Blunt Graves Putnam present, I would have voted ‘‘yea.’’ rules and pass the bill (H.R. 1955) to Boehner Hall (TX) Radanovich Mr. GENE GREEN of Texas. Madam prevent homegrown terrorism, and for Bono Hastings (WA) Ramstad Speaker, on rollcall No. 986, had I been other purposes, as amended. Boozman Hayes Regula present, I would have voted ‘‘yea.’’ The Clerk read the title of the bill. Boustany Heller Rehberg The text of the bill is as follows: Broun (GA) Hensarling Reichert Mr. KIND. Madam Speaker, I was detained Brown (SC) Herger Reynolds in my district and was unable to have my vote H.R. 1955 Brown-Waite, Hobson Rogers (MI) recorded on the House floor on Tuesday, Oc- Be it enacted by the Senate and House of Rep- Ginny Hulshof Rohrabacher tober 23, 2007 for H. Res. 767 (Roll No. 986). resentatives of the United States of America in Buchanan Inglis (SC) Ros-Lehtinen Congress assembled, Burgess Issa Roskam Had I been present, I would have voted ‘‘yea.’’ SECTION 1. SHORT TITLE. Burton (IN) Johnson, Sam Royce Mr. POE. Madam Speaker, on rollcall No. This Act may be cited as the ‘‘Violent Rad- Buyer Jones (NC) Ryan (WI) 986, had I been present, I would have voted icalization and Homegrown Terrorism Pre- Calvert Jordan Sali ‘‘nay.’’ Camp (MI) Keller Saxton vention Act of 2007’’. Campbell (CA) King (IA) Schmidt Mr. FOSSELLA. Madam Speaker, on rollcall SEC. 2. PREVENTION OF VIOLENT RADICAL- Cannon Kingston Sensenbrenner No. 986, had I been present, I would have IZATION AND HOMEGROWN TER- Cantor Kirk Sessions voted ‘‘nay.’’ RORISM. Capito Kline (MN) Shadegg Mrs. BOYDA of Kansas. Madam Speaker, (a) IN GENERAL.—Title VIII of the Home- Carney Knollenberg Shays had I been present for rollcall vote 986, I land Security Act of 2002 (6 U.S.C. 361 et seq.) Carter Kuhl (NY) Shimkus is amended by adding at the end the fol- Castle would have voted ‘‘nay.’’ Lamborn Shuler lowing new subtitle: Chabot Latham Shuster f Coble LaTourette Smith (NE) ‘‘Subtitle J—Prevention of Violent Cole (OK) Lewis (CA) Smith (NJ) QUESTION OF PERSONAL Radicalization and Homegrown Terrorism Conaway Lewis (KY) Smith (TX) PRIVILEGE ‘‘SEC. 899A. DEFINITIONS. Davis (KY) Linder Stearns ‘‘For purposes of this subtitle: Davis, David LoBiondo Mr. STARK. Madam Speaker, I rise Sullivan ‘‘(1) COMMISSION.—The term ‘Commission’ Davis, Tom Lucas to a question of personal privilege. Tancredo means the National Commission on the Pre- Deal (GA) Lungren, Daniel Terry The SPEAKER pro tempore (Ms. Dent E. vention of Violent Radicalization and Home- Thornberry DEGETTE). The gentleman has apprised grown Terrorism established under section Diaz-Balart, L. Mack Tiahrt Diaz-Balart, M. the Chair of media accounts that give Manzullo Tiberi 899C. Donnelly Marchant Turner rise to a question of personal privilege ‘‘(2) VIOLENT RADICALIZATION.—The term Doolittle McCarthy (CA) Upton under rule IX. ‘violent radicalization’ means the process of Drake McCaul (TX) Walberg The gentleman from California is adopting or promoting an extremist belief Dreier McCotter Walden (OR) system for the purpose of facilitating ideo- Duncan McCrery recognized for 1 hour. Walsh (NY) logically based violence to advance political, Ehlers McHugh Mr. STARK. Madam Speaker, I yield Wamp religious, or social change. Ellsworth McMorris Weller myself such time as I may consume. Emerson Rodgers ‘‘(3) HOMEGROWN TERRORISM.—The term Wicker I thank the Speaker. English (PA) Mica ‘homegrown terrorism’ means the use, Wilson (NM) Fallin Miller (FL) In a very serious note, and I won’t planned use, or threatened use, of force or vi- Wilson (SC) Ferguson Miller (MI) take the hour, I want to apologize to, olence by a group or individual born, raised, Wolf Flake Miller, Gary Young (AK) Forbes Moran (KS)

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27968 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 or based and operating primarily within the sons and networks, violent radicalization, Each subsequent meeting shall occur upon United States or any possession of the homegrown terrorism, and ideologically the call of the Chair or a majority of its United States to intimidate or coerce the based violence in prison, individual or ‘lone members. A majority of the members of the United States government, the civilian popu- wolf’ violent radicalization, homegrown ter- Commission shall constitute a quorum, but a lation of the United States, or any segment rorism, and ideologically based violence, and lesser number may hold meetings. thereof, in furtherance of political or social other faces of the phenomena of violent radi- ‘‘(h) AUTHORITY OF INDIVIDUALS TO ACT FOR objectives. calization, homegrown terrorism, and ideo- COMMISSION.—Any member of the Commis- ‘‘(4) IDEOLOGICALLY BASED VIOLENCE.—The logically based violence that the Commis- sion may, if authorized by the Commission, term ‘ideologically based violence’ means sion considers important. take any action that the Commission is au- the use, planned use, or threatened use of ‘‘(2) Build upon and bring together the thorized to take under this Act. force or violence by a group or individual to work of other entities and avoid unnecessary ‘‘(i) POWERS OF COMMISSION.—The powers of promote the group or individual’s political, duplication, by reviewing the findings, con- the Commission shall be as follows: religious, or social beliefs. clusions, and recommendations of— ‘‘(1) IN GENERAL.— ‘‘(A) HEARINGS AND EVIDENCE.—The Com- ‘‘SEC. 899B. FINDINGS. ‘‘(A) the Center of Excellence established or designated under section 899D, and other mission or, on the authority of the Commis- ‘‘The Congress finds the following: sion, any subcommittee or member thereof, ‘‘(1) The development and implementation academic work, as appropriate; ‘‘(B) Federal, State, local, or tribal studies may, for the purpose of carrying out this sec- of methods and processes that can be utilized tion, hold hearings and sit and act at such to prevent violent radicalization, home- of, reviews of, and experiences with violent radicalization, homegrown terrorism, and times and places, take such testimony, re- grown terrorism, and ideologically based vio- ceive such evidence, and administer such lence in the United States is critical to com- ideologically based violence; and ‘‘(C) foreign government studies of, reviews oaths as the Commission considers advisable bating domestic terrorism. to carry out its duties. ‘‘(2) The promotion of violent radical- of, and experiences with violent radicaliza- ‘‘(B) CONTRACTING.—The Commission may, ization, homegrown terrorism, and ideologi- tion, homegrown terrorism, and ideologi- cally based violence. to such extent and in such amounts as are cally based violence exists in the United provided in appropriation Acts, enter into States and poses a threat to homeland secu- ‘‘(c) COMPOSITION OF COMMISSION.—The Commission shall be composed of 10 mem- contracts to enable the Commission to dis- rity. charge its duties under this section. ‘‘(3) The Internet has aided in facilitating bers appointed for the life of the Commis- ‘‘(2) INFORMATION FROM FEDERAL AGEN- violent radicalization, ideologically based vi- sion, of whom— CIES.— olence, and the homegrown terrorism process ‘‘(1) one member shall be appointed by the President from among officers or employees ‘‘(A) IN GENERAL.—The Commission may in the United States by providing access to request directly from any executive depart- broad and constant streams of terrorist-re- of the executive branch and private citizens of the United States; ment, bureau, agency, board, commission, of- lated propaganda to United States citizens. fice, independent establishment, or instru- ‘‘(4) While the United States must continue ‘‘(2) one member shall be appointed by the Secretary; mentality of the Government, information, its vigilant efforts to combat international suggestions, estimates, and statistics for the terrorism, it must also strengthen efforts to ‘‘(3) one member shall be appointed by the majority leader of the Senate; purposes of this section. The head of each combat the threat posed by homegrown ter- such department, bureau, agency, board, rorists based and operating within the ‘‘(4) one member shall be appointed by the minority leader of the Senate; commission, office, independent establish- United States. ment, or instrumentality shall, to the extent ‘‘(5) Understanding the motivational fac- ‘‘(5) one member shall be appointed by the Speaker of the House of Representatives; practicable and authorized by law, furnish tors that lead to violent radicalization, such information, suggestions, estimates, homegrown terrorism, and ideologically ‘‘(6) one member shall be appointed by the minority leader of the House of Representa- and statistics directly to the Commission, based violence is a vital step toward eradi- upon request made by the Chair of the Com- cating these threats in the United States. tives; ‘‘(7) one member shall be appointed by the mission, by the chair of any subcommittee ‘‘(6) Preventing the potential rise of self created by a majority of the Commission, or radicalized, unaffiliated terrorists domesti- Chairman of the Committee on Homeland Security of the House of Representatives; by any member designated by a majority of cally cannot be easily accomplished solely the Commission. through traditional Federal intelligence or ‘‘(8) one member shall be appointed by the ‘‘(B) RECEIPT, HANDLING, STORAGE, AND DIS- law enforcement efforts, and can benefit ranking minority member of the Committee SEMINATION.—The Committee and its staff from the incorporation of State and local ef- on Homeland Security of the House of Rep- resentatives; shall receive, handle, store, and disseminate forts. information in a manner consistent with the ‘‘(7) Individuals prone to violent radicaliza- ‘‘(9) one member shall be appointed by the Chairman of the Committee on Homeland operative statutes, regulations, and Execu- tion, homegrown terrorism, and ideologi- tive orders that govern the handling, stor- cally based violence span all races, Security and Governmental Affairs of the Senate; and age, and dissemination of such information ethnicities, and religious beliefs, and individ- at the department, bureau, agency, board, uals should not be targeted based solely on ‘‘(10) one member shall be appointed by the ranking minority member of the Committee commission, office, independent establish- race, ethnicity, or religion. ment, or instrumentality that responds to ‘‘(8) Any measure taken to prevent violent on Homeland Security and Governmental Af- fairs of the Senate. the request. radicalization, homegrown terrorism, and ‘‘(j) ASSISTANCE FROM FEDERAL AGEN- ‘‘(d) CHAIR AND VICE CHAIR.—The Commis- ideologically based violence and homegrown CIES.— sion shall elect a Chair and a Vice Chair terrorism in the United States should not ‘‘(1) GENERAL SERVICES ADMINISTRATION.— from among its members. violate the constitutional rights, civil The Administrator of General Services shall ‘‘(e) QUALIFICATIONS.—Individuals shall be rights, or civil liberties of United States citi- provide to the Commission on a reimburs- selected for appointment to the Commission zens or lawful permanent residents. able basis administrative support and other solely on the basis of their professional ‘‘(9) Certain governments, including the services for the performance of the Commis- qualifications, achievements, public stature, United Kingdom, Canada, and Australia have sion’s functions. experience, and expertise in relevant fields, significant experience with homegrown ter- ‘‘(2) OTHER DEPARTMENTS AND AGENCIES.— including, but not limited to, behavioral rorism and the United States can benefit In addition to the assistance required under science, constitutional law, corrections, from lessons learned by those nations. paragraph (1), departments and agencies of counterterrorism, cultural anthropology, ‘‘SEC. 899C. NATIONAL COMMISSION ON THE PRE- the United States may provide to the Com- education, information technology, intel- VENTION OF VIOLENT RADICALIZA- mission such services, funds, facilities, and ligence, juvenile justice, local law enforce- TION AND IDEOLOGICALLY BASED staff as they may determine advisable and as VIOLENCE. ment, organized crime, Islam and other may be authorized by law. ‘‘(a) ESTABLISHMENT.—There is established world religions, sociology, or terrorism. ‘‘(k) POSTAL SERVICES.—The Commission within the legislative branch of the Govern- ‘‘(f) DEADLINE FOR APPOINTMENT.—All may use the United States mails in the same ment the National Commission on the Pre- members of the Commission shall be ap- manner and under the same conditions as de- vention of Violent Radicalization and Home- pointed no later than 60 days after the date partments and agencies of the United States. grown Terrorism. of enactment of this subtitle. ‘‘(l) NONAPPLICABILITY OF FEDERAL ADVI- ‘‘(b) PURPOSE.—The purposes of the Com- ‘‘(g) QUORUM AND MEETINGS.—The Commis- SORY COMMITTEE ACT.—The Federal Advisory mission are the following: sion shall meet and begin the operations of Committee Act (5 U.S.C. App.) shall not ‘‘(1) Examine and report upon the facts and the Commission not later than 30 days after apply to the Commission. causes of violent radicalization, homegrown the date on which all members have been ap- ‘‘(m) PUBLIC MEETINGS.— terrorism, and ideologically based violence pointed or, if such meeting cannot be mutu- ‘‘(1) IN GENERAL.—The Commission shall in the United States, including United ally agreed upon, on a date designated by the hold public hearings and meetings to the ex- States connections to non-United States per- Speaker of the House of Representatives. tent appropriate.

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‘‘(2) PROTECTION OF INFORMATION.—Any mission may travel on aircraft, vehicles, or ‘‘SEC. 899D. CENTER OF EXCELLENCE FOR THE public hearings of the Commission shall be other conveyances of the Armed Forces of STUDY OF VIOLENT RADICAL- conducted in a manner consistent with the the United States when such travel is nec- IZATION AND HOMEGROWN TER- protection of information provided to or de- essary in the performance of a duty of the RORISM IN THE UNITED STATES. ‘‘(a) ESTABLISHMENT.—The Secretary of veloped for or by the Commission as required Commission, unless the cost of commercial Homeland Security shall establish or des- by any applicable statute, regulation, or Ex- transportation is less expensive. ignate a university-based Center of Excel- ecutive order including subsection (i)(2)(B). ‘‘(4) TREATMENT OF SERVICE FOR PURPOSES lence for the Study of Violent Radicalization ‘‘(n) STAFF OF COMMISSION.— OF RETIREMENT BENEFITS.—A member of the and Homegrown Terrorism in the United ‘‘(1) APPOINTMENT AND COMPENSATION.—The Commission who is an annuitant otherwise States (hereinafter referred to as ‘Center’) Chair of the Commission, in consultation covered by section 8344 or 8468 of title 5, following the merit-review processes and with the Vice Chair and in accordance with United States Code, by reason of membership procedures and other limitations that have rules adopted by the Commission, may ap- on the Commission shall not be subject to been previously established for selecting and point and fix the compensation of a staff di- the provisions of such section with respect to supporting University Programs Centers of rector and such other personnel as may be membership on the Commission. Excellence. The Center shall assist Federal, necessary to enable the Commission to carry ‘‘(5) VACANCIES.—A vacancy on the Com- State, local and tribal homeland security of- out its functions, without regard to the pro- mission shall not affect its powers and shall ficials through training, education, and re- visions of title 5, United States Code, gov- be filled in the manner in which the original search in preventing violent radicalization erning appointments in the competitive appointment was made. The appointment of and homegrown terrorism in the United service, and without regard to the provisions the replacement member shall be made not States. In carrying out this section, the Sec- of chapter 51 and subchapter III of chapter 53 later than 60 days after the date on which retary may choose to either create a new of such title relating to classification and the vacancy occurs. Center designed exclusively for the purpose General Schedule pay rates, except that no ‘‘(p) SECURITY CLEARANCES.—The heads of stated herein or identify and expand an ex- rate of pay fixed under this subsection may appropriate departments and agencies of the isting Department of Homeland Security exceed the maximum rate of pay for GS–15 executive branch shall cooperate with the Center of Excellence so that a working group under the General Schedule. Commission to expeditiously provide Com- mission members and staff with appropriate is exclusively designated within the existing ‘‘(2) STAFF EXPERTISE.—Individuals shall be security clearances to the extent possible Center of Excellence to achieve the purpose selected for appointment as staff of the Com- under applicable procedures and require- set forth in subsection (b). mission on the basis of their expertise in one ments. ‘‘(b) PURPOSE.—It shall be the purpose of or more of the fields referred to in subsection ‘‘(q) REPORTS.— the Center to study the social, criminal, po- (e). ‘‘(1) FINAL REPORT.—Not later than 18 litical, psychological, and economic roots of ‘‘(3) PERSONNEL AS FEDERAL EMPLOYEES.— months after the date on which the Commis- violent radicalization and homegrown ter- ‘‘(A) IN GENERAL.—The executive director sion first meets, the Commission shall sub- rorism in the United States and methods and any employees of the Commission shall mit to the President and Congress a final re- that can be utilized by Federal, State, local, be employees under section 2105 of title 5, port of its findings and conclusions, legisla- and tribal homeland security officials to United States Code, for purposes of chapters tive recommendations for immediate and mitigate violent radicalization and home- 63, 81, 83, 84, 85, 87, 89, and 90 of that title. long-term countermeasures to violent radi- grown terrorism. ‘‘(B) MEMBERS OF COMMISSION.—Subpara- calization, homegrown terrorism, and ideo- ‘‘(c) ACTIVITIES.—In carrying out this sec- graph (A) shall not be construed to apply to logically based violence, and measures that tion, the Center shall— members of the Commission. can be taken to prevent violent radicaliza- ‘‘(1) contribute to the establishment of ‘‘(4) DETAILEES.—Any Federal Government tion, homegrown terrorism, and ideologi- training, written materials, information, an- employee may be detailed to the Commission cally based violence from developing and alytical assistance and professional re- without reimbursement from the Commis- spreading within the United States, and any sources to aid in combating violent radicali- sion, and during such detail shall retain the final recommendations for any additional zation and homegrown terrorism; rights, status, and privileges of his or her grant programs to support these purposes. ‘‘(2) utilize theories, methods and data regular employment without interruption. The report may also be accompanied by a from the social and behavioral sciences to ‘‘(5) CONSULTANT SERVICES.—The Commis- classified annex. better understand the origins, dynamics, and sion may procure the services of experts and ‘‘(2) INTERIM REPORTS.—The Commission social and psychological aspects of violent consultants in accordance with section 3109 shall submit to the President and Congress— radicalization and homegrown terrorism; of title 5, United States Code, but at rates ‘‘(A) by not later than 6 months after the ‘‘(3) conduct research on the motivational not to exceed the daily rate paid a person oc- date on which the Commission first meets, a factors that lead to violent radicalization cupying a position at level IV of the Execu- first interim report on— and homegrown terrorism; and tive Schedule under section 5315 of title 5, ‘‘(i) its findings and conclusions and legis- ‘‘(4) coordinate with other academic insti- United States Code. lative recommendations for the purposes de- tutions studying the effects of violent radi- ‘‘(6) EMPHASIS ON SECURITY CLEARANCES.— scribed in paragraph (1); and calization and homegrown terrorism where The Commission shall make it a priority to ‘‘(ii) its recommendations on the feasi- appropriate. hire as employees and retain as contractors bility of a grant program established and ad- ‘‘SEC. 899E. PREVENTING VIOLENT RADICALIZA- and detailees individuals otherwise author- ministered by the Secretary for the purpose TION AND HOMEGROWN TERRORISM ized by this section who have active security of preventing, disrupting, and mitigating the THROUGH INTERNATIONAL COOP- clearances. effects of violent radicalization, homegrown ERATIVE EFFORTS. ‘‘(o) COMMISSION PERSONNEL MATTERS.— terrorism, and ideologically based violence ‘‘(a) INTERNATIONAL EFFORT.—The Sec- ‘‘(1) COMPENSATION OF MEMBERS.—Each and, if such a program is feasible, rec- retary shall, in cooperation with the Depart- member of the Commission who is not an ommendations on how grant funds should be ment of State, the Attorney General, and employee of the government shall be com- used and administered; and other Federal Government entities, as appro- pensated at a rate not to exceed the daily ‘‘(B) by not later than 6 months after the priate, conduct a survey of methodologies equivalent of the annual rate of basic pay in date on which the Commission submits the implemented by foreign nations to prevent effect for a position at level IV of the Execu- interim report under subparagraph (A), a violent radicalization and homegrown ter- tive Schedule under section 5315 of title 5, second interim report on such matters. rorism in their respective nations. United States Code, for each day during ‘‘(3) INDIVIDUAL OR DISSENTING VIEWS.— ‘‘(b) IMPLEMENTATION.—To the extent that which that member is engaged in the actual Each member of the Commission may in- methodologies are permissible under the performance of the duties of the Commis- clude in each report under this subsection Constitution, the Secretary shall use the re- sion. the individual additional or dissenting views sults of the survey as an aid in developing, in ‘‘(2) TRAVEL EXPENSES.—While away from of the member. consultation with the Attorney General, a their homes or regular places of business in ‘‘(4) PUBLIC AVAILABILITY.—The Commis- national policy in the United States on ad- the performance of services for the Commis- sion shall release a public version of each re- dressing radicalization and homegrown ter- sion, members of the Commission shall be al- port required under this subsection. rorism. lowed travel expenses, including per diem in ‘‘(r) AVAILABILITY OF FUNDING.—Amounts ‘‘(c) REPORTS TO CONGRESS.—The Secretary lieu of subsistence, at rates authorized for made available to the Commission to carry shall submit a report to Congress that pro- employees of agencies under subchapter I of out this section shall remain available until vides— chapter 57 of title 5, United States Code, the earlier of the expenditure of the amounts ‘‘(1) a brief description of the foreign part- while away from their homes or regular or the termination of the Commission. ners participating in the survey; and places of business in the performance of serv- ‘‘(s) TERMINATION OF COMMISSION.—The ‘‘(2) a description of lessons learned from ices for the Commission. Commission shall terminate 30 days after the the results of the survey and recommenda- ‘‘(3) TRAVEL ON ARMED FORCES CONVEY- date on which the Commission submits its tions implemented through this inter- ANCES.—Members and personnel of the Com- final report. national outreach.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27970 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 ‘‘SEC. 899F. PROTECTING CIVIL RIGHTS AND Three of those men were United States citizens. The bill is mindful of Ameri- CIVIL LIBERTIES WHILE PRE- citizens; the other 3 had been in the cans’ right to free speech, freedom of VENTING IDEOLOGICALLY BASED VI- OLENCE AND HOMEGROWN TER- United States since they were small association and freedom to worship. RORISM. children. Then, again, in June, another H.R. 1955 makes certain that individ- ‘‘(a) IN GENERAL.—The Department of 4 men were charged with plotting to at- uals exercising these rights within law- Homeland Security’s efforts to prevent ideo- tack JFK Airport by blowing up jet ful parameters are not singled out. logically based violence and homegrown ter- fuel tanks. The alleged mastermind of I urge my colleagues to support this rorism as described herein shall not violate important Homeland Security bill and the constitutional rights, civil rights, or this plot was a United States citizen. civil liberties of United States citizens or Today, one of the most frequently ask them to vote in favor of passage of lawful permanent residents. visited English language Web sites that this important legislation. ‘‘(b) COMMITMENT TO RACIAL NEUTRALITY.— preaches hate, violence, and radicalized Madam Speaker, I reserve the bal- The Secretary shall ensure that the activi- views of Islam is operated by a 21-year- ance of my time. ties and operations of the entities created by old U.S. citizen from the comfort of his Mr. REICHERT. Madam Speaker, I this subtitle are in compliance with the De- parents’ home in North Carolina. Some yield myself such time as I may con- partment of Homeland Security’s commit- may say these incidents are isolated sume. ment to racial neutrality. cases, but I believe that they are indic- Madam Speaker, I rise today in ‘‘(c) AUDITING MECHANISM.—The Civil Rights and Civil Liberties Officer of the De- ative of a growing trend of homegrown strong support of H.R. 1955, the Violent partment of Homeland Security shall de- terrorism in this country. Radicalization and Homegrown Ter- velop and implement an auditing mechanism Homegrown terrorists no longer need rorism Prevention Act of 2007. to ensure that compliance with this subtitle to travel to Afghanistan or Pakistan to As the ranking member on the Home- does not violate the constitutional rights, get support and training. They can land Security Subcommittee on Intel- civil rights, or civil liberties of any racial, simply go on the Internet to find vio- ligence, I would like to commend, first ethnic, or religious group, and shall include lent propaganda and others who share of all and especially, Chairwoman JANE the results of audits under such mechanism HARMAN, who has, as the chairman in its annual report to Congress required their violent ideology. H.R. 1955 pro- under section 705.’’. vides us with a strategy for how to ad- says, Mr. THOMPSON, really done a lot (b) CLERICAL AMENDMENT.—The table of dress this very challenging Homeland of work in this area and has been at the contents in section 1(b) of such Act is Security issue. I commend Chairwoman forefront of our intelligence commu- amended by inserting at the end of the items HARMAN for authoring this important nity in working to protect our Nation. relating to title VIII the following: legislation and for championing this I also want to thank the full com- ‘‘Subtitle J—Prevention of Violent case. mittee chairman, Mr. THOMPSON of Radicalization and Homegrown Terrorism The centerpiece of this bill is the cre- Mississippi, for all his hard work, and ‘‘Sec. 899A. Definitions. ation of a national commission. It is a our ranking member, Mr. KING of New ‘‘Sec. 899B. Findings. step in the right direction. National York, who could not be here today. ‘‘Sec. 899C. National Commission on the commissions have a long and successful This truly has been a bipartisan ef- Prevention of Violent Radicali- fort. It’s one of those issues that all of zation and Ideologically Based history in this country. The Gilmore Violence. Commission, of which our chairwoman us in this body recognize as so critical ‘‘Sec. 899D. Center of Excellence for the was a member, which functioned from to the protection of our citizens and Study of Violent Radicalization 1993 to 1998, made 164 recommendations our country. This legislation is focused and Homegrown Terrorism in regarding the domestic response to ter- on addressing the issue of the United States. rorism. Of those 164 recommendations, radicalization and homegrown ter- ‘‘Sec. 899E. Preventing violent radicaliza- all have been adopted in whole or in rorism. While terrorist recruitment tion and homegrown terrorism and radicalization is a worldwide prob- through international coopera- part by the Congress and the Federal tive efforts. Government. lem that must be combated globally, ‘‘Sec. 899F. Protecting civil rights and civil Another commission, the National the United States cannot afford to sim- liberties while preventing ideo- Commission on Terrorism, which oper- ply focus on eliminating terrorists logically based violence and ated in the early 1990s, was on the cut- abroad. It is essential that we fully un- homegrown terrorism.’’. ting edge of the terrorism debate. That derstand the future and the nature of The SPEAKER pro tempore. Pursu- commission provided the Nation with the threat here in the United States ant to the rule, the gentleman from the blueprint of how to address the from homegrown radicals. Mississippi (Mr. THOMPSON) and the threat of terrorism long before the Sep- In the National Intelligence Estimate gentleman from Washington (Mr. tember 11 attacks. on the Terrorist Threat to the U.S. REICHERT) each will control 20 minutes. The more recent 9/11 Commission set Homeland released in July of this year, The Chair recognizes the gentleman the tenor of our administrative and the Director of National Intelligence from Mississippi. legislative response to the September and the National Intelligence Council GENERAL LEAVE 11 attack. That commission’s rec- assess, ‘‘The spread of radical Internet Mr. THOMPSON of Mississippi. ommendations were the bedrock of leg- sites, increasingly aggressive anti-U.S. Madam Speaker, I ask unanimous con- islation I offered that was enacted into rhetoric and actions, and the growing sent that all Members have 5 legisla- law this summer. number of radical, self-generating cells tive days within which to revise and The commission established in H.R. in Western countries indicate that the extend their remarks on this bill and 1955 will help build on the work of past radical and violent segment of the include therein any extraneous mate- commissions and help our Nation come West’s Muslim population is expanding, rial. up with strategies for new threats. The including in the United States. The ar- The SPEAKER pro tempore. Is there bill also requires our government to rest and prosecution by U.S. law en- objection to the request of the gen- reach out to other nations that have forcement of a small number of violent tleman from Mississippi? experienced home grown terrorism. Islamic extremists inside the United There was no objection. Learning from other nations about States—who are becoming more con- Mr. THOMPSON of Mississippi. what works and what doesn’t will bet- nected ideologically, virtually, and/or Madam Speaker, I yield myself such ter position us to prevent the spread of in a physical sense to the global ex- time as I may consume. violent ideology in our country. tremist movement—points to the possi- Madam Speaker, I rise in strong sup- The bill also creates a center of ex- bility that others may become suffi- port of H.R. 1955, the Violent cellence to conduct research that is ciently radicalized that they will view Radicalization of Homegrown Ter- desperately needed in determining the the use of violence here as legitimate.’’ rorism Prevention Act of 2007. root cause of violent radicalization. Because of the freedoms of our soci- In May, 6 men were arrested for al- At the same time, H.R. 1955 also pro- ety, and the interconnected world we legedly plotting to attack Fort Dix. tects simple rights and liberties of U.S. live in, radical ideas spread easily.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 27971 These ideas can come from overseas or as the author of this legislation under done on a bipartisan basis, I think this from within the United States. They consideration today. bill is a testament. Though not a silver can come from within prisons inside of Ms. HARMAN. Madam Speaker, I bullet, the legislation will help the Na- isolated religious or ethnic enclaves or thank my chairman for yielding to me, tion develop a better understanding of on the Internet. These ideas reach peo- and I thank my ranking member, Mr. the forces that lead to homegrown ter- ple in the privacy of their homes, via REICHERT, for his generous remarks. rorism and the steps we can take to the Internet, and can be similarly as- Madam Speaker, on 9/11 we were at- stop it. sessed by vulnerable individuals at tacked by foreigners who had come to Madam Speaker, free speech, espous- schools, libraries and universities. this country legally. The next time ing even very radical beliefs, is pro- Unfortunately, our freedoms are and, sadly, I believe there will be a tected by our Constitution. But violent being abused by individuals whose sole next time, my assumption is that behavior is not. Our plan must be to in- purpose is to destroy our way of life. many who attack us will already be tervene before a person crosses that While we have not seen radicalization here, and some will be U.S. citizens. line separating radical views from vio- to the extent witnessed in other West- Homegrown terror is a phenomenon lent behavior, to understand the forces ern countries like the United Kingdom, many countries are scrambling to un- at work on the individual and the com- we have seen homegrown terrorist derstand, including the British, as they munity, to create an environment that cells. are under major threat from it. Theirs discourages disillusionment and alien- Prisoners in Sacramento state prison is a peculiar kind with a large Paki- ation, that instills in young people a plotted to attack Jewish and U.S. mili- stani population that is not well as- sense of belonging and faith in the fu- tary targets. Radicalized individuals similated. ture. plotted to destroy fuel tanks at JFK But America has a problem too, The legislation before us today offers Airport in New York and aimed to cre- unique in nature, and we fail to under- that opportunity. It is, I would suggest, ate carnage at Fort Dix in New Jersey. stand it at our peril. Far from being the key to prevention. If we fail to pre- While clearly law enforcement and immune to the danger of homegrown vent, the best we can do is manage con- intelligence efforts are key to inter- terror, think Timothy McVeigh or sequences. Prevention is better. I urge cepting and interdicting these ideas Theodore Kaczynski, the threat today an ‘‘aye’’ vote. and thoughts and efforts in our coun- is infinitely greater and more likely to Mr. REICHERT. Madam Speaker, I try, we need a strategy to ensure that be influenced by events in the Middle yield 3 minutes to the distinguished violent, radical ideologies are con- East or by the larger struggle against gentleman from California (Mr. DANIEL tained. Because of the nature of this radical Islam. E. LUNGREN), the ranking member of threat, it is essential that we under- What causes an individual or group the Transportation Security and Infra- stand why individuals become to, first, coalesce around a set of rad- structure Protection Subcommittee. radicalized and what we can do to pre- ical principles or a charismatic leader, Mr. DANIEL E. LUNGREN of Cali- vent radical ideologies from taking activities permitted by our Bill of fornia. Madam Speaker, according to hold and spreading here in the United Rights, but subsequently to embrace a the FBI testimony before our House States. violent agenda intended to inflict max- Committee on Homeland Security: H.R. 1955 establishes a National Com- imum pain and disruption on his neigh- ‘‘The European and American experi- mission on the Prevention of Violent bors, potential treason, is not well un- ence shows that prisons are venues Radicalization and Ideologically Based derstood. where extremists have radicalized and Violence. The commission incorporates In recent testimony before our Intel- recruited among the inmate popu- aspects of H.R. 1695, the PREVENT ligence Subcommittee, some common lation.’’ Act, which I introduced earlier this traits and characteristics emerged. Now, this is not just a theoretical year. The purpose of this national com- Said RAND Corporation’s Bruce Jen- concern. We all remember the case of mission would be to proactively get kins: ‘‘It is the same age group that is Richard Reid, apprehended while at- ahead of the radicalization problems so susceptible to being recruited into tempting to detonate a bomb on a U.S.- that as a Nation we can combat these gangs. These are young men who are bound commercial flight in December radical ideologies before they become going through identity crises, looking 2001. Well, that same Mr. Reid is be- widespread within our borders. to define themselves. If you have a nar- lieved to have been radicalized by an In addition, H.R. 1955 includes provi- rative that exalts violence, that at- imam while incarcerated in Britain. sions to help us learn from our inter- tempts to project that violence as a In 2005 we learned of the California national partners on how they are try- personal obligation, that offers the prison-based case of the ‘‘Assembly of ing to prevent radicalization in their tantalizing prospect of clandestinity, Authentic Islam.’’ These individuals own countries. This issue is not new to identity, all of those are appealing to were involved in almost a dozen armed many countries throughout the world that specific age group.’’ gas station robberies in the Los Ange- such as the United Kingdom, and I be- Combine that personal adolescent up- les area, with the goal of financing ter- lieve it is critical for us to work with heaval with the explosion of informa- rorist operations. They were indicted our international partners and learn tion technologies and communications by a Federal grand jury for conspiracy from their past successes and failures. tools, tools which American kids are to levy war against the U.S. Govern- using to broadcast messages from al ment through terrorism. 1115 b Qaeda, as Chairman THOMPSON just And in April of this year, in a hear- Lastly, this legislation includes pro- said, and there is a road map to terror, ing that we held out in Torrance, Cali- visions that ensure privacy and civil a retail outlet for anger and warped as- fornia, Sergeant Larry Mead of the rights are protected for all American pirations. Link that intent with a Gang Intelligence Unit, Los Angeles citizens. trained terrorist operative who has ac- County Sheriff’s Department, testified Again, I would like to commend tual capability, and a ‘‘Made in the that ‘‘analysis shows that Chairman HARMAN and Chairman USA’’ suicide bomber is born. radicalization and recruitment in U.S. THOMPSON for working with me and Mr. Madam Speaker, H.R. 1955 was care- prisons is still an ongoing concern.’’ KING on this legislation. I urge all my fully constructed by DAVE REICHERT Similarly, in a recent report, the colleagues to support this bill. and me, as ranking member and chair- NYPD noted that prisons are ‘‘an ex- I reserve the balance of my time. man of the Homeland Security Intel- cellent breeding ground for radical- Mr. THOMPSON of Mississippi. ligence Subcommittee. The bill passed ization.’’ Madam Speaker, I yield as much time out of subcommittee and full com- The key to the success of stopping as she may consume to the gentlelady mittee unanimously. This bill has the spread of radicalization is identi- from California (Ms. HARMAN), the strong bipartisan origins. As one who fying how radicalization begins and chairman of the subcommittee, as well believes that this body’s best work is eliminating its breeding grounds. We

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27972 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 know we have difficulties with this These two recent events demonstrate rupt the Kennedy Airport pipeline sys- phenomenon in our prisons, but we the troubling presence of homegrown tem, and last year’s conspiracy to don’t know enough about it. We need terrorism in the United States. bring down the U.S./U.K. transatlantic to have collaboration between the Fed- Members of such groups are indistin- flights, were all disrupted by good in- eral prison system authorities and the guishable from traditional terrorists in telligence efforts and, as a result, lives State prison system authorities and that they are radicalized and sym- were saved. within the prison system authorities pathize with the al Qaeda cause. How- But we cannot rest on our laurels. themselves. We need to bring together ever, that said, they undertake their After all, it is still al Qaeda’s stated the best thinkers on this, the best peo- terrorist plots without training or sup- goal to kill 4 million Americans, to ple who have experience in dealing port from a central foreign terrorist bring the United States to its knees, with this already at the ground level; group. and to impose a system of radical vio- and, in fact, this bill does that. Given the civil rights and liberties lent Islamism upon the Middle East, Radicalization is not that well under- protections that we enjoy as all Ameri- and in fact the rest of the world. We stood, and through this bill we will cans, the Federal Government must be need to protect ourselves from this take an in-depth look at how it occurs. creative in its approach to combating threat to do everything we can in order The commission provided for in H.R. homegrown terrorism. to make sure that there are no future 1955 would give our government an in- H.R. 1955, the Violent Radicalization terrorist attacks on the homeland, and depth, multidisciplinary look at and Homegrown Terrorism Prevention the Violent Radicalization and Home- radicalization. And why is that impor- Act of 2007, protects the civil rights grown Terrorism Prevention Act would tant? Because no one has the single an- and civil liberties of Americans and help us certainly in this effort. swer on this. lawful permanent residents, while pro- This bill’s effectiveness is enhanced Yes, we have the background of pris- viding solutions for preventing future by the fact that it was put together in ons as the general background to look violent radicalization and homegrown a spirit of bipartisan, much to the cred- at the radicalization in prisons, but terrorism. it of the Chair, Ms. HARMAN. Earlier how does it occur? Why does it occur? The act creates a national commis- this year, the ranking member of the And why are we seeing a rise in this at sion to examine the cases of violent Homeland Security Committee’s Intel- this particular time when it is perhaps radicalization and homegrown ter- ligence, Information Sharing, and Ter- most dangerous to the American peo- rorism. The commission will be tasked rorism Risk Assessment Sub- ple? with proposing concrete recommenda- committee, Congressman DAVE Radical Islam and its advocates tions and legislative strategies for REICHERT, introduced legislation, H.R. around the world are a threat to Amer- mitigating these types of domestically 1695, that forms the basis for the cur- ica, but we have to understand we nurtured threats. rent bill, H.R. 1955. Chairwoman HAR- might develop a threat within the The act also establishes Centers for MAN and Ranking Member REICHERT United States, as evidenced already by Excellence for the Prevention of have both actively supported the cur- certain actions that have occurred. Radicalization that will study the so- rent bill, which was voted out of the And therefore I would suggest that we cial, criminal, political, psychological, Homeland Security Committee without vote ‘‘yes’’ on H.R. 1955 so we can get and economic roots of the problem. Ad- opposition in August. the facts upon which we can plan for ditionally, it will provide Homeland Also, this bill was the subject of nu- prevention, not just taking care of the Security officials across the govern- merous hearings, excellent hearings, problem after it occurs. ment with suggestions for preventing much to the credit of both of them. Mr. THOMPSON of Mississippi. future radicalization and homegrown 1130 Madam Speaker, I yield 3 minutes to terrorism. It requires our Homeland b the gentleman from Pennsylvania (Mr. Security officials to thoroughly exam- This bill can help us to stop the CARNEY), the chairman of our Manage- ine the experiences of other nations spread of violent radicalization that ment and Oversight Committee. that have experienced homegrown ter- has helped terrorist groups to grow Mr. CARNEY. Madam Speaker, I rorism so that our government can their rank-and-file membership. It cre- would like to thank Chairman THOMP- learn from those experiences. I look ates a 10-member national commission, SON and certainly my good friend and forward to the passage of this vital modeled after the 9/11 Commission, colleague, Chairwoman HARMAN, for piece of legislation and others that will which will study radicalization and this legislation, and for our friends make this Nation even more safe. come up with recommendations for across the aisle. As a freshman, it’s Mr. REICHERT. Madam Speaker, it defusing its power and preventing its very instructive to watch what we can is my privilege to yield 3 minutes to spread. It establishes a university- do in a bipartisan manner to protect the distinguished gentleman from based center of excellence that will this country. I do appreciate that. A Pennsylvania (Mr. DENT), the ranking study this phenomenon in depth, and it lesson not lost on me, certainly. member of the Emergency Communica- encourages international cooperation This past May, six suspected terror- tions, Preparedness and Response Sub- to stop the spread of this violent extre- ists were charged with conspiring to committee of the Homeland Security mism. It authorizes the Department of attack Fort Dix. Their goal was to full committee. Homeland Security to work with na- bring about significant destruction and Mr. DENT. Madam Speaker, I have to tions such as the U.K. and Israel, coun- mass casualties to that critical mili- add my two cents’ worth, that the tries that have had a lot of experience tary base. These six men lived less same folks who were training up in the and success in dealing with violent ex- than an hour away from my home and Poconos near Congressman CARNEY’s tremism within their borders, to de- trained right in the Pocono Mountains home were training about an hour from velop a ‘‘best practices’’ methodology of northeast Pennsylvania. my home as well, and we all, I think, that can be used to help prevent In June of this year, four men were realize the nature of this homegrown radicalization and to thwart ideologi- charged with plotting to attack civil threat. cally based violence. aviation by blowing up jet fuel pipe- But I want to rise today to speak in I hope that Members will join me in lines that serve JFK. In both cases the support of H.R. 1955, the Violent supporting this bipartisan legislation accused individuals planned, plotted, Radicalization and Homegrown Ter- aimed at protecting us against violent and attempted to perpetrate their rorism Prevention Act. extremism and at making us safer here crimes on American soil. More trou- Recently, U.S. intelligence and law in this country. bling is that, according to media re- enforcement officials have enjoyed a Mr. THOMPSON of Mississippi. ports, neither cell received any assist- number of successes in the war against Madam Speaker, I yield 2 minutes to ance or had any contact with al Qaeda violent extremism. The plot to kill sol- the gentleman from Colorado (Mr. or any other overseas terrorist group. diers at Fort Dix, the attempt to dis- PERLMUTTER).

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 27973 Mr. PERLMUTTER. Madam Speaker, recent attacks in Great Britain, as well need a strategy to deal with this I thank Chairman THOMPSON and I as the foiled plot in Germany, prove threat, and that we need to reorganize want to thank Ms. HARMAN and Mr. that we must prevent the spread of vio- our government to implement the REICHERT for conducting a number of lent radicalization within our own bor- strategy. hearings across the country to really ders. They do it there; we certainly Then came September 11, and we did focus our attention on what could be a need to do more here. wake up somewhat. We reorganized our very big problem if we don’t get in Here at home our intelligence and government and created the Depart- touch with it right now. law enforcement officials have done an ment of Homeland Security. We passed As the global war on terror con- exceptional job of keeping America the PATRIOT Act. We reorganized our tinues, America dedicates much of its safe from such threats. Over the last intelligence agencies and created a Di- resources to tracking foreign terrorists 11⁄2 years, we have seen plots against rector of Intelligence. And we are re- at home and abroad. But in recent the Sears Tower in Chicago, Ft. Dix in forming the FISA law, but this is still years, we have seen a rise in the num- New Jersey, and JFK Airport foiled by an issue we are working with. ber of U.S.-born criminals inspired by, our Nation’s vigilant network of law The 9/11 Commission did something but not necessarily affiliated with, enforcement and intelligence per- very courageous. They didn’t say we groups like al Qaeda. And we have had, sonnel. are confronting terrorism; they said we from Ms. HARMAN and Mr. REICHERT The bill before us will serve to are confronting Islamist terrorists who and Mr. LUNGREN as well, a list of a strengthen those homeland defense ef- would do us harm. I think it is abso- number of incidents that we have seen forts by preventing ideologies that pro- lutely important we pass this legisla- recently. mote violence and terrorism from tak- tion to begin to know the effects of It is vital that our Nation do what it ing root in American soil. radical terrorism spreading throughout can to understand the growing threat We know that al Qaeda seeks to the entire world and working its way of homegrown terrorists and what we spread their evil philosophy every- into the United States. can do to prevent it. The Homegrown where, even into the minds of our own I believe with all my heart and soul Terrorism and Violent Radicalization U.S. citizens. To combat radical Mus- that we have a level of recognition of Act finally focuses attention on this lim extremists’ ceaseless efforts at ex- the threat that pales in comparison to matter. The bill establishes a national pansion, this bipartisan bill will create what the true threat is. I think this center of excellence to bring in the top a commission to study violent legislation will help awaken us a bit minds in the world to explore the radicalization and work with all levels and help awaken others within our causes of radicalization. The legisla- of government both here and abroad to country that this threat must be dealt tion also enhances our international examine strategies to deal with this with. cooperation so we may learn from our phenomena. This bill has an estimated We have a lot of issues that are im- allies who have extensive experience cost of approximately $20 million. This portant for our country to deal with, with homegrown terrorism. number pales in comparison to the cost but our homeland security is on the But the centerpiece of this legisla- in human suffering and economic dev- top of the list. I urge passage of this tion is the establishment of a national astation a homegrown terrorist attack legislation. commission to report to Congress the might bring. Mr. THOMPSON of Mississippi. causes and preventive measures that As Americans, we must never give up Madam Speaker, I continue to reserve we can take. The commission consists fighting the forces of hate and violence the balance of my time. of academics, religious experts, coun- espoused by al Qaeda, and I believe this Mr. REICHERT. Madam Speaker, it terintelligence officials, prison admin- bill is a valuable weapon in that strug- is indeed my pleasure to yield 3 min- istrators, and many others with the ex- gle. I commend the chairwoman and utes to the gentleman from Georgia, perience provided for this input. Ranking Member REICHERT for their who is a member of the full Committee And I must make it clear this bill has tenacity in bringing this bill to the on Homeland Security (Mr. BROUN). strict oversight of the privacy officers floor, and I support it. Mr. BROUN of Georgia. Madam within the Department of Homeland Mr. THOMPSON of Mississippi. Speaker, I thank the gentleman for Security to ensure it respects personal Madam Speaker, at this time I have no yielding. and religious freedom. further requests for time, and I reserve Madam Speaker, homegrown ter- As Americans, it is very difficult to the balance of my time. rorism is a very dangerous threat and understand why one of our citizens Mr. REICHERT. Madam Speaker, it must not be overlooked. The United would want to terrorize his neighbors is my pleasure to yield 3 minutes to States has an obligation and a solemn and countrymen. But it is a question the gentleman from Connecticut, who duty to guard against the violent we must face in order to protect our se- is a member of the full Committee on radicalization of the American popu- curity. This bill tackles this head on, Homeland Security (Mr. SHAYS). lation, a radicalization that has far- and I would like to thank our chairman Mr. SHAYS. Madam Speaker, I thank reaching, devastating implications. and ranking member for bringing this my colleague for yielding to me. On September 11, 2001, the world saw bill forward. Madam Speaker, I rise in support of firsthand the damage that Islamic ex- Mr. REICHERT. Madam Speaker, it H.R. 1955, the Violent Radicalization tremists can do to the American peo- is my pleasure to yield 2 minutes to and Homegrown Terrorism Prevention ple. As we look within our own popu- the gentlewoman from Florida, a mem- Act, which I refer to as the Harman- lation, there are individuals who pro- ber of the full Committee on Homeland Reichert bill. I appreciate that they mote ideologies under the guise of reli- Security (Ms. GINNY BROWN-WAITE). have worked so well together on a bi- gion, political, and social benefits that Ms. GINNY BROWN-WAITE of Flor- partisan basis. are diametrically opposed to the Amer- ida. I thank the gentleman for yield- I like the fact that this legislation ican values and liberties that we hold ing. creates a 10-member national commis- so dear. Ideologies of any kind, reli- Madam Speaker, I rise today in sup- sion, modeled after the 9/11 Commis- gious or otherwise, that are based on port of the Violent Radicalization and sion, to study violent radicalization violence, intolerance, and hatred have Homegrown Terrorism Prevention Act and ideologically based terrorism in no place in America. of 2007. This very important bill will these United States. In the past 18 months, the United play a key role in protecting our home- Before September 11 we had the Hart- States law enforcement and intel- land. Rudman Commission, the Bremer Com- ligence agencies have stopped numer- As events abroad have taught us all mission, the Gilmore Commission. ous individuals and groups that pro- too frequently, homegrown extremists They all told us the same basic point, mote radical political, religious, or so- and terrorists pose a serious and deadly that we have a terrorist threat and we cial beliefs from carrying out terrorist threat to the general population. The need to recognize that threat, that we attacks on American soil. I, for one,

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27974 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 would like to know how these individ- is extremely refreshing, and I have colleagues to join me in support of H.R. uals are operating and how they are thoroughly enjoyed this debate. 1955. This vital legislation will put our funded. Are foreign entities providing I want to make 2 additional points. Nation on the path to addressing an the funding for their activities? Are Number 1, our bill was sequentially re- emerging threat, homegrown ter- these individuals who promote radical ferred to the Judiciary Committee, and rorism. political ideologies registered as for- the Judiciary Committee agreed to re- There is general agreement that the eign agents? Perhaps we need to reex- port it for it to be brought up on the threat of foreign-based terrorist groups amine the Foreign Agents Registration consent calendar. I would especially is real. We, as a Nation, have dedicated Act of 1938. We need to be more like to thank Chairman CONYERS for a great deal of resources to global proactive and strike at the roots of the his cooperation and note that our staff, counterterrorism. However, in some problem. our excellent staff, worked out this corners, there has been a kind of The bill that we are discussing today, agreement. mindset about homeland security that H.R. 1955, is proactive instead of reac- My second comment is that a com- believes we will be safe if we get the tive. Britain, Spain, France, and most panion bill, the identical text, has been terrorists there before they get us here. recently Germany and Denmark have introduced in the Senate, and referred It’s the kind of mindset that ignores all suffered the deadly effects of a to the Government Affairs Committee, the fact that there are some would-be small radicalized population that often which is the committee of jurisdiction terrorists who are born here, raised and use religion as an excuse to engage in there, and I hope that following pas- educated here, and only have lived here violence and murder. The United sage here, should we be able to pass the in the United States. For those of us States, thanks in large part to its alert bill today, there would be prompt ac- who love this Nation, it is not the kind citizenry and professional law enforce- tion in the other body and we would of thing that we want to acknowledge, ment agencies, has prevented the suc- have a law to send to the President to but we must. Enactment of H.R. 1955 cessful execution of several recent do- sign this fall. will put us on a course to under- mestic terror threats in New York, In conclusion, this is a good process standing homegrown terrorism and Chicago, Florida, and elsewhere. and I think an excellent result. It will coming up with strategies to reduce Studying the causes of radicalization make America more safe. this major threat to the homeland. Madam Speaker, I, also would like to and ideologically based violence will b 1145 better inform all of us how we can pre- pay tribute to the chairwoman of the vent terrorists from spreading their Mr. REICHERT. Madam Speaker, I committee for ushering this passage, as messages of hate. just want to reemphasize the words of well as the ranking member of the The Violent Radicalization and Chairwoman HARMAN, who just spoke. committee. But I would also like to ac- Homegrown Terrorism Prevention Act This really has been a bipartisan effort; knowledge that Ranking Member KING, is the work of a solid bipartisan co- we talk a lot about that on the Hill who had an unfortunate death in his operation at the subcommittee and full here. And this committee, working family, is not here. He has been a committee levels. Such cooperation is with Ms. HARMAN has been, indeed, a source of support for this legislation readily apparent as the current bill in- pleasure, traveling across the country and has helped get us to this point, and cludes major aspects of H.R. 1695, Con- to various locations, holding hearings I would like to acknowledge that for gressman REICHERT’s PREVENT Act, on this topic. the record. which was designed to establish a Na- It is important for the American peo- Madam Speaker, I urge passage of tional Commission on Radicalization. ple to know and understand and realize this legislation. The nonpartisan commission envi- there really is truly a threat here with- Ms. JACKSON-LEE of Texas. Madam sioned by Representatives REICHERT in the borders of the United States of Speaker, I rise today in strong support of H.R. and HARMAN will be dedicated to com- America, and how important it is for 1955, the Violent Radicalization and Home- prehensively examining the phe- all of us to work together because grown Terrorist Prevention Act of 2007, intro- nomenon of violent radicalization so Americans working together keep this duced by my distinguished colleague from that we might better understand its country safe and protect the freedoms California, Representative HARMAN. This im- root causes within the United States. that we have all enjoyed, for me, 57 portant legislation recognizes the threat of I urge my colleagues to support this years of enjoying the freedoms of this homegrown terrorism and seeks to address important timely, bipartisan piece of blessed country. And I want the same this burgeoning problem while maintaining the legislation. things for my children and my grand- civil rights and liberties of American citizens. Mr. REICHERT. May I inquire as to children. I want them to enjoy the Since May of this year, two separate plots how much time I have left. same freedoms that I’ve had the oppor- against strategic American targets have been The SPEAKER pro tempore. The gen- tunities to enjoy. In order for us to do foiled and prevented by American officials; tleman from Washington has 11⁄2 min- that, both sides of the aisle have to what distinguishes them from previous terrorist utes remaining. work closely together to make sure plots against the United States is that the po- Mr. REICHERT. I have no additional that we pass the laws, the legislation tential terrorists here had no support from Al- speakers. that will accomplish that great feat. Qaeda or any other overseas terrorist cells. Mr. THOMPSON of Mississippi. In reminding the American people America must be unique in its approach to Madam Speaker, at this time I would what has happened in the past 18 homegrown terrorism, given the civil rights and like to yield such time as she may con- months in this country, the Sears civil liberties protections that are unique to sume to the chairman of the sub- Tower in Chicago in 2006; a New York- America and enjoyed by all American citizens. committee, Ms. HARMAN. New Jersey PATH tunnel in July of As a senior Member of the Committee on Ms. HARMAN. Madam Speaker, how 2006; Chicago-area shopping mall, De- Homeland Security and Chair of the Sub- much time remains on this side, may I cember of 2006; passengers aboard a committee on Transportation Security and In- ask? transatlantic flight from the U.K. to frastructure, I believe we can secure our The SPEAKER pro tempore. The gen- the U.S.; soldiers at Fort Dix in New homeland and remain true to our values simul- tleman from Mississippi has 6 minutes Jersey; JFK Airport’s fueling systems taneously. In our fights against global ter- remaining. and others, these have been terrorist rorism, it is critical that Muslim Americans con- Ms. HARMAN. I assure the chairman acts that have been prevented, and we tinue to be our allies. The Muslim American I will just take a brief amount of time. need to continue that effort. Passing Community has grown in size and promi- I want to note for the body that this this legislation will accomplish that. nence, and is an integral part of the fabric of has been an excellent debate. We are Madam Speaker, I yield back the bal- this Nation. Muslim Americans share the same bipartisan, we are unanimous, every- ance of my time. values and ideals that make this Nation great. one understands the problem, and ev- Mr. THOMPSON of Mississippi. Ideals such as discipline, generosity, peace, eryone wants to solve the problem. It Madam Speaker, in closing, I urge my and moderation.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00013 Fmt 0688 Sfmt 9920 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 27975 Many years of civil rights jurisprudence and SECURE HANDLING OF AMMONIUM ‘‘(A) the name, address, and telephone num- law have been ignored and thrown out the NITRATE ACT OF 2007 ber of each ammonium nitrate facility owned by window when the racial profiling, harassment, the applicant; Mr. THOMPSON of Mississippi. ‘‘(B) the name of the person designated by the and discrimination of Muslim and Arab Ameri- Madam Speaker, I move to suspend the owner of the ammonium nitrate facility as the cans is permitted to occur with impunity. rules and pass the bill (H.R. 1680) to au- point of contact of such facility, for purposes of These practices show a reckless and utter dis- thorize the Secretary of Homeland Se- this subtitle; regard for the fundamental values on which curity to regulate the sale of ammo- ‘‘(C) for each such facility, the amount of am- our country is founded: Namely, due process, nium nitrate to prevent and deter the monium nitrate that is sold or transferred dur- the presumption of innocence, nondiscrimina- acquisition of ammonium nitrate by ing each year; and ‘‘(D) such other information as the Secretary tion, individualized rather than group sus- terrorists, as amended. picion, and equitable application of the law. may determine is appropriate. The Clerk read the title of the bill. ‘‘(d) REGISTRATION OF AMMONIUM NITRATE We cannot allow xenophobia, prejudice, and The text of the bill is as follows: PURCHASERS.— bigotry to prevail, and eviscerate the Constitu- H.R. 1680 ‘‘(1) REGISTRATION.—The Secretary shall es- tion we are bound to protect. Be it enacted by the Senate and House of Rep- tablish a process by which— The securing of our homeland and protec- resentatives of the United States of America in ‘‘(A) any person who seeks to be an ammo- tion of our national security is on the forefront Congress assembled, nium nitrate purchaser is required to register with the Department; and of my agenda. However, using 9/11 as an im- SECTION 1. SHORT TITLE. ‘‘(B) upon such registration, such person is This Act may be cited as the ‘‘Secure Han- petus to engage in racial profiling, harass- issued a registration number for purposes of this dling of Ammonium Nitrate Act of 2007’’. ment, and discrimination of Muslim and Arab subtitle. SEC. 2. SECURE HANDLING OF AMMONIUM NI- Americans is not only deplorable, it under- ‘‘(2) REGISTRATION INFORMATION.—The Sec- TRATE. mines our civil liberties and impedes our suc- retary shall require that each applicant for reg- (a) IN GENERAL.—Title VIII of the Homeland istration under this subsection as a prospective cess in the global war on terror. We must fight Security Act of 2002 (6 U.S.C. 361 et seq.) is ammonium nitrate purchaser must submit to the our war on terror without compromising our amended by adding at the end the following Secretary the name, address, and telephone freedoms and liberties. new subtitle: number of the applicant and the intended use of It is precisely for these reasons that I so ‘‘Subtitle J—Secure Handling of Ammonium ammonium nitrate to be purchased by the appli- strongly support H.R. 1955. This Act calls for Nitrate cant. the creation for the creation of the National ‘‘SEC. 899A. DEFINITIONS. ‘‘(e) RECORDS.— Commission to examine the various causes of ‘‘In this subtitle, the following definitions ‘‘(1) MAINTENANCE OF RECORDS.—The Sec- violent radicalization and homegrown terrorism apply: retary shall require the owner of an ammonium in order to propose concrete and meaningful ‘‘(1) The term ‘ammonium nitrate’ means— nitrate facility engaged in selling or transferring recommendations and legislative strategies in ‘‘(A) solid ammonium nitrate that is chiefly ammonium nitrate to— the ammonium salt of nitric acid and contains ‘‘(A) maintain a record of each sale or trans- order to alleviate these threats. It also estab- not less than 33 percent nitrogen by weight; and fer of ammonium nitrate, during the two-year lishes a Center of Excellence for the Preven- ‘‘(B) any mixture containing a percentage of period beginning on the date of such sale or tion of Radicalization and Home Grown Ter- ammonium nitrate that is equal to or greater transfer; and rorism that will study the social, criminal, polit- than the percentage determined by the Secretary ‘‘(B) include in such record the information ical, psychological, and economic roots of the under section 899B(b). described in paragraph (2). problem as well as provide homeland security ‘‘(2) The term ‘ammonium nitrate facility’ ‘‘(2) SPECIFIC INFORMATION REQUIRED.—For officials across the government with sugges- means any entity that produces, sells, or other- each such sale or transfer, the Secretary shall tions for preventing radicalization and home wise transfers ownership of, or provides applica- require the owner of an ammonium nitrate facil- tion services for, ammonium nitrate. ity to— grown terrorism. ‘‘(3) The term ‘ammonium nitrate purchaser’ ‘‘(A) record the name, address, telephone Furthermore, it requires our homeland secu- means any person who buys and takes posses- number, and registration number issued under rity officials to thoroughly examine the experi- sion of ammonium nitrate from an ammonium subsection (c) or (d) of each person that takes ences of other nations that have experienced nitrate facility. possession of ammonium nitrate from the owner homegrown terrorism so that our government ‘‘SEC. 899B. REGULATION OF THE SALE AND of an ammonium nitrate facility, in a manner TRANSFER OF AMMONIUM NITRATE. prescribed by the Secretary; might learn from those experiences. As such, ‘‘(a) IN GENERAL.—The Secretary shall regu- ‘‘(B) if applicable, record the name, address, H.R. 1955 does more than merely address the late the sale and transfer of ammonium nitrate and telephone number of each individual who current situation with regard to homegrown by an ammonium nitrate facility in accordance takes possession of the ammonium nitrate on be- terrorism but also works to identify the causes with this subtitle to prevent the misappropria- half of the person referred to in subparagraph behind the problem and address them as well. tion or use of ammonium nitrate in an act of (A), at the point of sale; I strongly urge my colleagues to join me in terrorism. ‘‘(C) record the date and quantity of ammo- ‘‘(b) AMMONIUM NITRATE MIXTURES.—The nium nitrate sold or transferred; and supporting this important legislation. Secretary, in consultation with the heads of ap- ‘‘(D) verify the identity of the persons referred Mr. THOMPSON of Mississippi. propriate Federal departments and agencies, in- to in subparagraphs (A) and (B), as applicable, Madam Speaker, I yield back the bal- cluding the Secretary of Agriculture, shall, in accordance with a procedure established by ance of my time. through notice and comment and by no later the Secretary. than 90 days after the date of the enactment of ‘‘(3) PROTECTION OF INFORMATION.—In main- The SPEAKER pro tempore. The this subtitle, establish a threshold percentage taining records in accordance with paragraph question is on the motion offered by for ammonium nitrate in a substance. If a sub- (1), the owner of an ammonium nitrate facility the gentleman from Mississippi (Mr. stance contains a percentage of ammonium ni- shall take reasonable actions to ensure the pro- THOMPSON) that the House suspend the trate that is equal to or greater than the per- tection of the information included in such rules and pass the bill, H.R. 1955, as centage established by the Secretary, the sub- records. amended. stance shall be treated as ammonium nitrate for ‘‘(f) EXEMPTION FOR EXPLOSIVE PURPOSES.— the purposes of this subtitle. The Secretary may exempt from this subtitle a The question was taken; and the ‘‘(c) REGISTRATION OF OWNERS OF AMMONIUM person producing, selling, or purchasing ammo- Speaker pro tempore announced that NITRATE FACILITIES.— nium nitrate exclusively for use as an explosive the ayes appeared to have it. ‘‘(1) REGISTRATION.—The Secretary shall es- material under a license issued under chapter 40 Mr. THOMPSON of Mississippi. tablish a process by which— of title 18, United States Code. Madam Speaker, on that I demand the ‘‘(A) any person who is the owner of an am- ‘‘(g) CONSULTATION.—In carrying out this sec- monium nitrate facility is required to register tion, the Secretary shall consult with the Sec- yeas and nays. with the Department; and retary of Agriculture, States, and appropriate The yeas and nays were ordered. ‘‘(B) upon such registration, such person is private sector entities, to ensure that the access The SPEAKER pro tempore. Pursu- issued a registration number for purposes of this of agricultural producers to ammonium nitrate subtitle. is not unduly burdened. ant to clause 8 of rule XX and the ‘‘(2) REGISTRATION INFORMATION.—The Sec- ‘‘(h) DATA CONFIDENTIALITY.— Chair’s prior announcement, further retary shall require that each applicant for reg- ‘‘(1) IN GENERAL.—Notwithstanding section proceedings on this question will be istration as the owner of an ammonium nitrate 552 of title 5, United States Code, or the USA postponed. facility must submit to the Secretary— PATRIOT ACT (Public Law 107–56; 115 Stat.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00014 Fmt 0688 Sfmt 6333 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27976 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 272), and except as provided in paragraph (2), registration number under this section shall be ‘‘(A) the identification of suspicious ammo- the Secretary may not disclose to any person maintained confidentially by the Secretary and nium nitrate purchases or transfers or attempted any information obtained under this subtitle. may be used only for making determinations purchases or transfers; ‘‘(2) EXCEPTION.—The Secretary may disclose under this section. Notwithstanding any other ‘‘(B) the appropriate course of action to be any information obtained by the Secretary provision of this subtitle, the Secretary may taken by the ammonium nitrate facility owner under this subtitle to an officer or employee of share any such information with Federal, State, with respect to such a purchase or transfer or the United States, or a person that has entered local, and tribal law enforcement agencies, as attempted purchase or transfer, including— into a contract with the United States, who has appropriate. ‘‘(i) exercising the right of the owner of the a need to know the information to perform the ‘‘(6) REGISTRATION INFORMATION.— ammonium nitrate facility to decline sale of am- duties of the officer, employee, or person, or to ‘‘(A) AUTHORITY TO REQUIRE INFORMATION.— monium nitrate; and a State agency pursuant to section 899D, under The Secretary may require a person applying for ‘‘(ii) notifying appropriate law enforcement appropriate arrangements to ensure the protec- a registration number under this subtitle to sub- entities; and tion of the information. mit such information as may be necessary to ‘‘(C) any such additional subjects as the Sec- ‘‘(i) REGISTRATION PROCEDURES AND CHECK OF carry out the requirements of this section. retary determines are appropriate to prevent the TERRORIST WATCH LIST.— ‘‘(B) REQUIREMENT TO UPDATE INFORMA- misappropriation or use of ammonium nitrate in ‘‘(1) REGISTRATION PROCEDURES.— TION.—The Secretary may require persons issued an act of terrorism. ‘‘(A) GENERALLY.—The Secretary shall estab- a registration under this subtitle to update reg- ‘‘(2) USE OF MATERIALS AND PROGRAMS.—In lish procedures to efficiently receive applica- istration information submitted to the Secretary providing guidance under this subsection, the tions for registration numbers under this sub- under this subtitle, as appropriate. Secretary shall, to the extent practicable, lever- title, conduct the checks required under para- ‘‘(7) RE-CHECKS AGAINST TERRORIST WATCH age any relevant materials and programs. graph (2), and promptly issue or deny a reg- LIST.— ‘‘(3) NOTIFICATION MATERIALS.— istration number. ‘‘(A) RE-CHECKS.—The Secretary shall, as ap- ‘‘(A) IN GENERAL.—The Secretary shall make ‘‘(B) INITIAL SIX-MONTH REGISTRATION PE- propriate, re-check persons provided a registra- available materials suitable for posting at am- RIOD.—The Secretary shall take steps to maxi- tion number pursuant to this subtitle against monium nitrate facilities where ammonium ni- mize the number of registration applications the terrorist watch list, and may revoke such trate is sold. that are submitted and processed during the six- registration number if the Secretary determines ‘‘(B) DESIGN OF MATERIALS.—Such materials month period provided for in section 899F(e). such person may pose a threat to national secu- shall be designed to notify prospective ammo- ‘‘(2) CHECK OF TERRORIST WATCH LIST.— rity. nium nitrate purchasers of— ‘‘(A) CHECK REQUIRED.—The Secretary shall ‘‘(B) NOTICE OF REVOCATION.—The Secretary ‘‘(i) the record-keeping requirements under conduct a check of appropriate identifying in- shall, as appropriate, provide prior notice to a section 899B; and formation of any person seeking to register with person whose registration number is revoked ‘‘(ii) the penalties for violating such require- the Department under subsection (c) or (d) under this section and such person shall have ments. against identifying information that appears on an opportunity to appeal, as provided in para- ‘‘SEC. 899E. THEFT REPORTING REQUIREMENT. the terrorist watch list. graph (4). ‘‘Any person who is required to comply with ‘‘(B) AUTHORITY TO DENY REGISTRATION NUM- ‘‘SEC. 899C. INSPECTION AND AUDITING OF section 899B(e) who has knowledge of the theft BER.—If the person’s identifying information RECORDS. or unexplained loss of ammonium nitrate shall appears on the terrorist watch list and the Sec- ‘‘The Secretary shall establish a process for report such theft or loss to the appropriate Fed- retary determines such person may pose a threat the periodic inspection and auditing of the eral law enforcement authorities within one cal- to national security, the Secretary may deny records maintained by owners of ammonium ni- endar day of the date on which the person be- issuance of a registration number under this trate facilities for the purpose of monitoring comes aware of such theft or loss. Upon receipt subtitle. compliance with such section or for the purpose of such report, the relevant Federal authorities ‘‘(3) EXPEDITED REVIEW OF APPLICATIONS.— of deterring or preventing the misappropriation shall inform State, local, and tribal law enforce- ‘‘(A) IN GENERAL.—Following the six-month or use of ammonium nitrate in an act of ter- ment entities as appropriate. period provided for in section 899F(e), the Sec- rorism. ‘‘SEC. 899F. PROHIBITIONS AND PENALTY. retary shall, to the extent practicable, issue or ‘‘SEC. 899D. ADMINISTRATIVE PROVISIONS. ‘‘(a) PROHIBITIONS.— deny registration numbers under this subtitle ‘‘(a) COOPERATIVE AGREEMENTS.—The Sec- ‘‘(1) TAKING POSSESSION.—No person shall not later than 72 hours after the time the Sec- retary— take possession of ammonium nitrate from an retary receives a complete registration applica- ‘‘(1) may enter into a cooperative agreement ammonium nitrate facility unless such person is tion, unless the Secretary determines, in the in- with the Secretary of Agriculture, or the head of registered under subsection (c) or (d) of section terest of national security, that additional time any State department of agriculture or its des- 899B, or is an agent of a person registered under is necessary to review an application. ignee involved in agricultural regulation, in subsection (c) or (d) of that section. ‘‘(B) NOTICE OF APPLICATION STATUS.—In all consultation with the State agency responsible ‘‘(2) TRANSFERRING POSSESSION.—An owner of cases, the Secretary shall notify persons of the for homeland security, to carry out the provi- an ammonium nitrate facility shall not transfer status of their application not later than 72 sions of this subtitle; and possession of ammonium nitrate from the ammo- hours after the time the Secretary receives a ‘‘(2) wherever possible, shall seek to cooperate nium nitrate facility to any person who is not complete registration application. with State agencies or their designees that over- registered under subsection (c) or (d) of section ‘‘(4) EXPEDITED APPEALS PROCESS.— see ammonium nitrate facility operations when 899B, unless such person is an agent of a person ‘‘(A) REQUIREMENT.— seeking cooperative agreements to implement the registered under subsection (c) or (d) of that sec- ‘‘(i) APPEALS PROCESS.—The Secretary shall registration and enforcement provisions of this tion. establish an expedited appeals process for per- subtitle. ‘‘(3) OTHER PROHIBITIONS.—No person shall— sons denied a registration number under this ‘‘(b) DELEGATION.— ‘‘(A) buy and take possession of ammonium subtitle. ‘‘(1) AUTHORITY.—The Secretary may delegate nitrate without a registration number required ‘‘(ii) TIME PERIOD FOR RESOLUTION.—The Sec- to a State the authority to assist the Secretary under subsection (c) or (d) of section 899B; retary shall, to the extent practicable, resolve in the administration and enforcement of this ‘‘(B) own or operate an ammonium nitrate fa- appeals not later than 72 hours after receiving subtitle. cility without a registration number required a complete request for appeal unless the Sec- ‘‘(2) DELEGATION REQUIRED.—At the request of under section 899B(c); or retary determines, in the interest of national se- a Governor of a State, the Secretary shall dele- ‘‘(C) fail to comply with any requirement or curity, that additional time is necessary to re- gate to the State the authority to carry out violate any other prohibition under this subtitle. solve an appeal. functions under sections 899B and 899C, if the ‘‘(b) PROHIBITIONS.—No person shall— ‘‘(B) CONSULTATION.—The Secretary, in devel- Secretary determines that the State is capable of ‘‘(1) buy and take possession of ammonium ni- oping the appeals process under subparagraph satisfactorily carrying out such functions. trate without a registration number required (A), shall consult with appropriate stakeholders. ‘‘(3) FUNDING.—Subject to the availability of under subsection (c) or (d) of section 899B; ‘‘(C) GUIDANCE.—The Secretary shall provide appropriations, if the Secretary enters into an ‘‘(2) own or operate an ammonium nitrate fa- guidance regarding the procedures and informa- agreement with a State under this subsection to cility without a registration number required tion required for an appeal under subparagraph delegate functions to the State, the Secretary under section 899B(c); or (A) to persons denied registration numbers shall provide to the State sufficient funds to ‘‘(3) fail to comply with any requirement or under this subtitle. carry out the delegated functions. violate any other prohibition under this subtitle. ‘‘(5) RESTRICTIONS ON USE AND MAINTENANCE ‘‘(c) PROVISION OF GUIDANCE AND NOTIFICA- ‘‘(c) CIVIL PENALTY.—A person that violates OF INFORMATION.— TION MATERIALS TO AMMONIUM NITRATE FACILI- this subtitle may be assessed a civil penalty by ‘‘(A) IN GENERAL.—Information obtained by TIES.— the Secretary of not more than $50,000 per viola- the Secretary under this section may not be ‘‘(1) GUIDANCE.—The Secretary shall make tion. made available to the public. available to each owner of an ammonium nitrate ‘‘(d) PENALTY CONSIDERATIONS.—In deter- ‘‘(B) USE OF CERTAIN INFORMATION.—Any in- facility registered under section 899B(c)(1) guid- mining the amount of a civil penalty under this formation constituting grounds for denial of a ance on— section, the Secretary shall consider—

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00015 Fmt 0688 Sfmt 6333 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 27977 ‘‘(1) the nature and circumstances of the vio- ‘‘Subtitle J—Secure Handling of Ammonium Specifically, this bill directs DHS, in lation; Nitrate consultation with State agricultural ‘‘(2) with respect to the person who commits ‘‘Sec. 899A. Definitions. authorities, to create a registry of fa- the violation, any history of prior violations, the ‘‘Sec. 899B. Regulation of the sale and transfer cilities that manufacture and sell am- ability to pay the penalty, and any effect the of ammonium nitrate. penalty is likely to have on the ability of such ‘‘Sec. 899C. Inspection and auditing of records. monium nitrate. H.R. 1680 requires the person to do business; and ‘‘Sec. 899D. Administrative provisions. sales of ammonium nitrate to be lim- ‘‘(3) any other matter that the Secretary de- ‘‘Sec. 899E. Theft reporting requirement. ited to purchasers who register in ad- termines that justice requires. ‘‘Sec. 899F. Prohibitions and penalty. vance and that the name, address, tele- ‘‘(e) NOTICE AND OPPORTUNITY FOR A HEAR- ‘‘Sec. 899G. Protection from civil liability. phone number and registration number ‘‘Sec. 899H. Preemption of other laws. ING.—No civil penalty may be assessed under ‘‘Sec. 899I. Deadlines for regulations. of the purchaser be recorded. this subtitle unless the person liable for the pen- ‘‘Sec. 899J. Authorization of appropriations.’’. The tracking and registration func- alty has been given notice and an opportunity tions are not new phenomena. The ag- The SPEAKER pro tempore. Pursu- for a hearing on the violation for which the riculture and fertilizer industry and ant to the rule, the gentleman from penalty is to be assessed in the county, parish, some States have been engaged in vol- or incorporated city of residence of that person. Mississippi (Mr. THOMPSON) and the untary programs to monitor sale of ‘‘(f) DELAY IN APPLICATION OF PROHIBITION.— gentleman from California (Mr. DANIEL ammonium nitrate for some time. In Paragraphs (1) and (2) of subsection (a) shall E. LUNGREN) each will control 20 min- fact, Madam Speaker, a handful of apply beginning 6 months after the issuance by utes. States, including New York, California, the Secretary of a final rule implementing this The Chair recognizes the gentleman subtitle. New Jersey, Nevada, Oklahoma, Mis- from Mississippi. ‘‘SEC. 899G. PROTECTION FROM CIVIL LIABILITY. souri, South Carolina, Maryland, GENERAL LEAVE ‘‘(a) IN GENERAL.—Notwithstanding any other Michigan, and Iowa have enacted laws provision of law, an owner of an ammonium ni- Mr. THOMPSON of Mississippi. regulating the sale of ammonium ni- trate facility who in good faith refuses to sell or Madam Speaker, I ask unanimous con- trate-based fertilizer. transfer ammonium nitrate to any person, or sent that all Members have 5 legisla- The time has come to put Federal who in good faith discloses to the Department or tive days within which to revise and rules in place to ensure that terrorists to appropriate law enforcement authorities an extend their remarks on this bill and cannot cross State lines to buy ammo- actual or attempted purchase or transfer, based include therein any extraneous mate- nium nitrate without being registered upon a reasonable belief that the person seeking rial. purchase or transfer of ammonium nitrate may or checked against the terrorist watch The SPEAKER pro tempore. Is there list. use the ammonium nitrate to create an explosive objection to the request of the gen- device to be employed in an act of terrorism (as Madam Speaker, I am proud to say defined in section 3077 of title 18, United States tleman from Mississippi? that our committee has worked col- Code), or to use ammonium nitrate for any other There was no objection. laboratively with industry stake- unlawful purpose, shall be immune from civil li- Mr. THOMPSON of Mississippi. holders in the agriculture industry on ability arising from that refusal to sell ammo- Madam Speaker, I yield myself such this legislation. We consulted State nium nitrate or from making that disclosure. time as I may consume. and local farm bureaus, fertilizer man- ‘‘(b) LIMITATION.—Subsection (a) shall not be Madam Speaker, I rise in strong sup- ufacturers and retail outlets, and min- construed to apply with respect to any refusal port of H.R. 1680, the Secure Handling ing and explosive makers. It is reas- to sell or disclosure— of Ammonium Nitrate Act of 2007. ‘‘(1) that violates— suring to know that we can all come The committee has worked vigilantly together to come up with a reasonable ‘‘(A) title VII of the Civil Rights Act of 1964 to get this bill to where it is today. In (42 U.S.C. 2000e et seq); or approach to regulating ammonium ni- ‘‘(B) the Americans with Disabilities Act of fact, we’ve been working on this bill in trate. 1990 (42 U.S.C. 12101 et seq.); or a bipartisan way for two Congresses I have somewhat of a vested interest ‘‘(2) made on the basis that the person seeking now. in getting this right, Madam Speaker. purchase or transfer of ammonium nitrate is a We all know the devastating impact There is an ammonium nitrate plant in veteran or member of the armed forces of the that fertilizer bombs can have. Over 12 my district. The Terra Yazoo City United States. years ago, domestic terrorists used an plant has been in operation for more ‘‘SEC. 899H. PREEMPTION OF OTHER LAWS. ammonium nitrate-based bomb to blow than 50 years. The Terra plant is a ‘‘(a) OTHER FEDERAL REGULATIONS.—Except up the Murrah Federal Building in major economic engine in our local as provided in section 899G, nothing in this sub- Oklahoma City. That blast had a force economy, providing good-paying jobs title affects any regulation issued by any agen- equal to that of 4,000 pounds of TNT. It cy other than an agency of the Department. and stable jobs for the community. killed 168 people. The Terra facility and many others ‘‘(b) STATE LAW.—Subject to section 899G, this Since that time, ammonium nitrate- subtitle preempts the laws of any State to the like it across the country are com- extent that such laws are inconsistent with this based bombs have repeatedly been used mitted to safeguarding ammonium ni- subtitle, except that this subtitle shall not pre- throughout the world. In 2002, a group trate, but they cannot do it alone. The empt any State law that provides additional linked to al Qaeda detonated a bomb Federal Government needs to show protection against the acquisition of ammonium outside a night club in Bali, Indonesia, some leadership here. That is why H.R. nitrate by terrorists or the use of ammonium ni- killing 202 people. In 2003, an al Qaeda 1680 directs DHS to take the lead in trate in explosives in acts of terrorism or for cell in Istanbul killed 57 people in two coming up with an approach to reg- other illicit purposes, as determined by the Sec- separate explosions. Last year, Cana- retary. istering ammonium nitrate purchases. dian authorities arrested 17 people in I am pleased that through this bipar- ‘‘SEC. 899I. DEADLINES FOR REGULATIONS. Toronto for plotting to attack targets tisan effort we’ve been able to come up ‘‘The Secretary— with ammonium nitrate-based bombs. ‘‘(1) shall issue a proposed rule implementing with an approach to tighten control of this subtitle within six months after the date of This threat is real, Madam Speaker. ammonium nitrate, yet allow it to re- the enactment of this subtitle; and To do nothing about it is unacceptable. main accessible for crop nutrition pur- ‘‘(2) issue a final rule implementing this sub- However, I have always believed that poses. title within one year after such date of enact- we must act in a thoughtful manner This legislation is another of our on- ment. that recognizes the importance of am- going homeland security efforts at pre- ‘‘SEC. 899J. AUTHORIZATION OF APPROPRIA- monium nitrate in our agricultural venting a future terrorist attack on TIONS. sector. our Nation. ‘‘There are authorized to be appropriated to I am proud of the work that the Com- I would like to thank subcommittee the Secretary such sums as may be necessary to mittee on Homeland Security has done. Chairman LANGEVIN, Ranking Member carry out this subtitle for fiscal years 2007 The committee has worked hard to en- KING, and others, for their leadership through 2011.’’. (b) CLERICAL AMENDMENT.—The table of con- sure that H.R. 1680 strikes the right on this critical issue. Each has put tents in section 1(b) of such Act is amended by balance between ensuring access to am- their mark on the bill through the adding at the end of the items relating to title monium nitrate for farmers and mak- committee process. Their efforts, with- VIII the following new items: ing it difficult for terrorists to obtain. out question, made this a better bill.

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Madam Speaker, I yield myself 1998; in November 2003 scores of indi- Mr. Speaker, I rise today in strong such time as I may consume. viduals killed when terrorists deto- support of House bill 1680, the Secure Madam Speaker, a vote on this legis- nated ammonium nitrate bombs in Handling of Ammonium Nitrate Act. lation is long overdue. The need to reg- Istanbul; in March 2005 British anti- On many of the 728 farms in my dis- ulate ammonium nitrate has been evi- terror police seized a half ton of ammo- trict and those throughout the coun- dent since the bombing of the Alfred nium nitrate from suspects accused of try, hardworking farmers rely on am- Murrah building in 1995. This legisla- being affiliated with Islamic terrorists; monium nitrate as a trusted fertilizer tion is needed to protect Americans later that month, over 3,000 pounds of that can produce more nutrients than from those who seek to utilize this ammonium nitrate was stolen by natural fertilizers, but by its very dangerous chemical in terrorist at- armed terrorists in Thailand; the ar- chemical nature, ammonium nitrate is tacks. But as the chairman said, we rests last summer, June 2006, of 17 peo- also a substance that, if mixed with must balance this threat to our Na- ple in Canada on charges that they certain fuels, can be used as a powerful tion’s security with the need for am- were planning on using ammonium ni- explosive. The Oklahoma City bombing monium nitrate to remain accessible trate to make an extremely powerful of 1995 is perhaps the most notable and because it is a highly effective agricul- bomb. frightening example of ammonium ni- tural fertilizer and has other legiti- trate’s potential. Therefore, we must b 1200 mate uses in industries like mining. do all we can to prevent criminals and The legislation before us creates a Al Qaeda has an Internet hit on how murderers from obtaining this legal system of regulation so that ammo- to make ammonium nitrate bombs. An substance while maintaining easy ac- nium nitrate is available for legitimate ABC News team last fall demonstrated cess for our Nation’s farmers. use, but does not fall into terrorist how easy it might be to acquire ammo- The Secure Handling of Ammonium hands; a system that keeps us safe, but nium nitrate. With just $300, ABC in- Nitrate Act creates a national registry does not burden farmers. I believe this terns managed to purchase 1,000 pounds to monitor the purchase and sale of legislation strikes that balance. of ammonium nitrate in 2 days in farm ammonium nitrate. It further matches We originally took up this legislation supply stores from North Carolina to the names of applying farmers against in the 109th Congress and we approved the District of Columbia. No one ques- the terrorist screening database so we it in the Committee on Homeland Se- tioned why they needed ammonium ni- can keep ammonium nitrate out of ter- curity. But the 109th Congress ended trate. No one asked for their identifica- rorists’ hands. In particular, I am before this legislation could be consid- tion. That ammonium nitrate was pleased to have worked with Mr. LUN- ered on the House floor, so I’m happy stored in a public storage facility just GREN and with others throughout the to see this legislation before us again a few miles from where we stand today. committee to craft an expedited ap- in the 110th Congress. And I thank the These events have demonstrated vul- peals process for farmers who have chairman for bringing it to us at this nerabilities that put us in the cross- been adversely affected by the name time. hairs of terrorist sights right where we check process. The Department of H.R. 1680 is a bipartisan bill. We live, work and travel. Here in the U.S., Homeland Security must either ap- worked with our colleagues across the a few of our States, including Cali- prove or deny an application within 3 aisle to strengthen the prevention of fornia, have already begun to imple- days. If someone is denied a registra- terrorism component of this bill by in- ment laws to secure the handling of tion number under the program, they sisting on a registration requirement ammonium nitrate. The chemical and may appeal and get a resolution from for those who purchase ammonium ni- farming industry developed important the government within 3 days. The pro- trate rather than just those who sell it. protections in their respective indus- vision ensures that farmers who are We were happy to see the committee tries to keep this substance out of the misidentified do not jeopardize their accept three Republican amendments hands of terrorists. livelihoods due to a governmental mis- to this bill. I introduced an amendment These are important efforts, but it take. This is a commonsense bill that which requires the Department of creates a patchwork where all a ter- guaranties that ammonium nitrate in Homeland Security to check the name rorist has to do to build a ammonium our country is being used for legiti- of applicants for ammonium nitrate nitrate bomb is to travel from New mate agricultural purposes and not for registration numbers against terrorist York to Pennsylvania to acquire it. harm. watch lists. This will prevent suspected Congress needs to step in to set a na- Mr. Speaker, I urge my colleagues to terrorists from acquiring this deadly tional policy. This legislation does just adopt this bill. material and will alert law enforce- that. It sets a floor across the Nation Mr. DANIEL E. LUNGREN of Cali- ment authorities of potential plots so that ammonium nitrate is used as fornia. Mr. Speaker, I yield 3 minutes under way. intended, that is, to grow our Nation’s to the distinguished gentleman from Other Republican amendments pro- crops, not to create the next Oklahoma Pennsylvania (Mr. DENT), a member of vide civil liability protection for the City bombing. We believe fair and pro- the Homeland Security Committee. sellers of ammonium nitrate in the portionate regulations will allow am- Mr. DENT. Mr. Speaker, if there is an event they refuse to sell ammonium ni- monium nitrate to continue to be example of how legislation should be trate to suspect purchasers or make re- available to legitimate users who are crafted, the Secure Handling of Ammo- ports to law enforcement about suspect not a security concern while at the nium Nitrate Act of 2007 is it. This is a purchasers. No seller of ammonium ni- same time preventing and deterring its great bill that will help to improve our trate should be afraid to deny sale of acquisition by those who wish to do us homeland security. And if it should this dangerous material out of fear of harm. succeed on the floor today, its passage legal action. By supporting H.R. 1680, we will take will be a tribute to the spirit of biparti- Ammonium nitrate is a legitimate another step in upholding our responsi- sanship that is alive and well in the chemical used to fertilize our crops; bility to protect the lives and liveli- Homeland Security Committee and but its availability, accessibility, ease hood of our American citizenry. that has been carefully cultivated of bomb-making, cost, and history of And with that, I reserve the balance under the leadership of that commit- prior use make it an obvious material of my time. tee’s chairman, the gentleman from for large explosives that could be em- Mr. THOMPSON of Mississippi. Mr. Mississippi (Mr. THOMPSON), its rank- ployed in terrorist attacks. Speaker, I yield 3 minutes to the gen- ing member (Mr. KING), and certainly

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Mr. LUNGREN, to my immediate left, legislation. Again, I would like to leaving the committee today. Karis who have all worked very hard to work thank my colleague from California for Gutter on this side, has worked on the in that bipartisan environment on the yielding me this time and thank him majority side on the committee, and I committee. for his leadership on this issue. would like to acknowledge both of The bill started out in the 109th Con- Mr. THOMPSON of Mississippi. Mr. them. At an earlier comment, I re- gress where it was introduced by Speaker, at this time, I do not have ferred to Ranking Member KING’s un- former Congressman Curt Weldon of any additional requests for speakers, fortunate tragedy in his family and Pennsylvania. Unfortunately, while it and I am prepared to close. why he was not here. So I would like to passed in the Homeland Security Com- Mr. DANIEL E. LUNGREN of Cali- join with the comments of Mr. LUN- mittee, it was never addressed in the fornia. Mr. Speaker, let me just use the GREN in that respect. full House. Fortunately, in 2007, Chair- balance of my time to say that I thank Mr. Speaker, I urge my colleagues to man THOMPSON recognized the impor- the chairman for the work he has done join me in passing this critical home- tance of this legislation and helped re- on bringing this to the floor at this land security legislation. vive the bill in the new Congress. Both time so we can complete action with Ms. JACKSON-LEE of Texas. Mr. Speaker, sides worked together to make sure the Senate and get it to the President’s I rise in strong support of H.R. 1680, legisla- that the bill accomplished its objec- desk to be signed. I would also like to tion critical to securing our nation against fur- tive, to keep ammonium nitrate out of mention the ranking member of the ther acts of terrorism. I am proud to co-spon- the hands of Timothy McVeighs and full committee (Mr. KING) who could sor this legislation, which I believe effectively other would-be terrorists of the world not be here because he is still return- balances necessary measures to provide addi- while making sure that legitimate end ing from the funeral for his mother tional security with the need to protect our ag- users of the substance in agricultural who passed away this past week. Mr. ricultural industry . production were not inconvenienced. KING has done tremendous work on On September 11, 2001, our enemies dem- An en bloc amendment offered by this, particularly the amendment for onstrated their ability to use everyday objects Chairman THOMPSON, for example, re- liability protection for the sellers of as deadly weapons. Ammonium nitrate is a moved the requirement that farmers ammonium nitrate if they act in good product of great use to our nation’s agricultural and others register with the Depart- faith to protect the American people. sectors, but, in the hands of terrorists, could ment of Homeland Security so long as Mr. KING has done yeoman work in this cause America great harm. Like the airplanes they never come into possession of the regard to this and other bills. I hope flown into buildings, fertilizer bombs have ammonium nitrate. that we would recognize that at this been used to deadly effect, beginning infa- In addition to protecting the rights time. mously with the 1995 Oklahoma City bombing. of legitimate end users, the chairman Again, Mr. Speaker, this is an exam- We need to balance these very real security also helped make sure that the final ple of a bipartisan approach to an issue concerns against the vital value of ammonium legislative product had input from both that affects all Americans, Democrat, nitrate fertilizer to the U.S. plant food industry, sides of the aisle. Three key Repub- Republican, independent, whatever. It its many local retail agribusiness outlets, and lican amendments were added to the is of the utmost importance. And once the farmers and livestock producers they bill during committee markup as a re- again, I thank all the members, Demo- serve. sult. First, offered by my colleague crat and Republican, who worked on Ammonium nitrate fertilizes our nation’s from California (Mr. LUNGREN), di- this, and I thank my chairman for crops, and it helps the American economy rected applications by those seeking to bringing this to the floor and allowing grow. It provides a relatively inexpensive distribute or utilize ammonium nitrate us to vote on this time. I would ask for source of the nitrogen required to grow crops, be checked against a terror watch list Members to have full support for this and it has economic, agronomic, and environ- with an expedited appeals process to bill. mental benefits to the entire society. It can handle any cases of mistaken hits. Mr. Speaker, I yield back the balance also, however, be used to create explosive de- Ranking Member KING also offered an of my time. vices, as demonstrated by the Oklahoma City amendment that would protect legiti- Mr. THOMPSON of Mississippi. Mr. bombing as well as by subsequent terrorist mate distributors of ammonium ni- Speaker, as DHS Secretary Michael plots in 2000, 2002, 2003, and 2004. trate if they act in good faith when Chertoff recently said, improvised ex- According to a 1998 National Research they refuse to sell to a suspicious pur- plosive devices are the weapon of Council report, ‘‘Containing the Threat From Il- chaser or if they notify the department choice for terrorists. And when it legal Bombings,’’ short of a method of neutral- of that would-be purchaser’s suspicious comes to making an improvised bomb, izing the explosive properties of ammonium ni- behavior. Finally, Congresswoman regrettably, ammonium nitrate seems trate, which we do not yet have, commercial BROWN-WAITE offered an amendment to be an easy access to use. That is why controls and regulatory action ‘‘offer the best that would help to streamline record- I authored the Secure Handling of Am- means of reducing the threat from illegal keeping requirements for agricultural monium Nitrate Act. It will put safe- bombings.’’ retail outlets. These amendments have guards in place to keep ammonium ni- H.R. 1680 will require the creation of these all served to strengthen the bill. trate out of the hands of terrorists controls and regulations. This bill will provide The need for this legislation is clear. while ensuring that farmers can still the Department of Homeland Security with the Ammonium nitrate has been the explo- access it. Ammonium nitrate fertilizer authority to develop a nationally consistent, ef- sive material of choice in a number of is a popular fertilizer because it is rel- fective, and integrated approach to control ac- acts and attempted acts of terrorism, atively inexpensive and highly effec- cess to ammonium nitrate, and it will require including the 1995 bombing of the tive. the Department to develop a regulatory sys- Murrah Federal Building in Oklahoma In 2005 alone, 1.4 million short tons of tem aimed at keeping these fertilizers away City which killed 168 innocent men, ammonium nitrate fertilizer was used from those who would use it to threaten our women and children. The 1998 attacks to direct application to farmers’ fields. Nation. Under the provisions of this legislation, on the U.S. Embassies in Kenya and Passage of H.R. 1680 will ensure that the Department of Homeland Security will reg- Tanzania, the Toronto-based bomb plot ammonium nitrate will remain avail- ister all producers, sellers, and purchasers of thwarted by the Royal Canadian able to those who need to access it for ammonium nitrate, and those who purchase Mounted Police in June 2006, of course, proper purposes. At the same time, pas- and take custody of this product will be re- most recently, the attempts by a ter- sage of this bill is an important step quired to provide their names, addresses, and rorist group in London to detonate ex- toward ensuring that our Nation is telephone numbers to the Department. All of plosive charges throughout the United more secure against the threat of im- these individuals will be accountable for any Kingdom. provised explosive devices. ammonium nitrate they take possession of. I hope the House will see fit to join I, too, would like to acknowledge the In addition, this legislation will require pro- me in supporting this effective legisla- work of the minority committee as ducers and sellers to maintain records of all tion. It is a very bipartisan piece of well as Colleen O’Keefe, who will be sales and transfers for at least three years.

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American businesses and American ducers and sellers will be required to report The text of the bill is as follows: markets. any loss or theft to law enforcement within 24 H.R. 2868 Recently, Mayor Michael Bloomberg hours. Be it enacted by the Senate and House of Rep- of New York City and Senator CHARLES This legislation also provides further means resentatives of the United States of America in SCHUMER commissioned a study on for enforcement, establishing a process for the Congress assembled, ‘‘Sustaining New York’s and the U.S.’s Department to track, monitor, and audit the SECTION 1. SCOPE OF EXEMPTION FROM STATE Global Financial Services Leadership.’’ ammonium nitrate records. Under the provi- SECURITIES REGULATION. In the executive summary of that sions of this bill, enforcement may be dele- Section 18(b)(1) of the Securities Act of study, it states, ‘‘The U.S. financial gated to States where cooperative agreements 1933 (15 U.S.C. 77r(b)(1)) is amended— (1) in subparagraph (A)— markets, with New York at the center, and sufficient funding exist. To punish viola- (A) by striking ‘‘or the American Stock are still the world’s largest and are tions, the Department may levy civil fines of Exchange, or listed, or authorized for listing, among the most important by many up to $50,000. This legislation does not pre- on the National Market System of the measures.’’ empt or alter any State statute providing addi- Nasdaq Stock Market (or any successor to The United States is home to more of tional protection against ammonium nitrate fall- such entities)’’ and inserting ‘‘, the Amer- the world’s top financial services insti- ing into the hands of terrorists. ican Stock Exchange, or the Nasdaq Stock tutions than any other country. Six of Yet in our counterterrorism efforts we should Market (or any successor to such entities)’’; the top 10 financial institutions by not lose sight of the need to protect the Amer- and (B) by inserting before the semicolon the market capitalization are based in the ican farmer, especially small and minority New York area, and U.S.-based firms farmers struggling to make ends meet on the following: ‘‘, except that a security listed, or authorized for listing, on the New York still head the global investment bank- family farm. Ammonium nitrate is an essential Stock Exchange, the American Stock Ex- ing revenue rankings. tool they use to sustain themselves and their change, or the Nasdaq Stock Market (or any In terms of global financial stock, families and those essential needs should not successor to such entities) shall not be a cov- the United States remains the largest be overlooked. Our counterterrorism efforts ered security if the exchange adopts listing market, well ahead of Europe, Japan should not be detrimental to the continued standards pursuant to section 19(b) of the Se- and the rest of Asia, although the fi- curities Exchange Act of 1934 (15 U.S.C. availability of ammonium nitrate fertilizer to nancial stock in other regions is now U.S. farmers, endangering their way of life and 78s(b)) that designates a tier or segment of such securities as securities that are not growing faster than it is here in the threatening their livelihoods. United States. The United States gen- H.R. 1680 offers an opportunity to strength- covered securities for purposes of this sec- tion and such security is listed, or author- erates more revenues from financial en our defenses against the threat of terrorism ized for listing, on such tier or segment’’; services than any other region. But without placing an extraordinary burden on in- and once again, the rest of the world is dustry. This legislation has the support of the (2) in subparagraph (B), by inserting ‘‘cov- challenging that leadership in a hotly Fertilizer Institute, an industry group rep- ered’’ after ‘‘applicable to’’. resenting most fertilizer producers. contested investment banking and The SPEAKER pro tempore. Pursu- sales and trading markets. Mr. Speaker, as our Nation’s leaders, it is ant to the rule, the gentleman from our responsibility to be proactive, and to make New York (Mr. MEEKS) and the gen- b 1215 every effort to remain several steps ahead of tleman from New York (Mr. FOSSELLA) To sum up that paragraph with a any who might attack our country. This bill is each will control 20 minutes. phrase that Satchel Paige is known for: an opportunity to do just that, to not wait for The Chair recognizes the gentleman ‘‘Don’t look back. Someone might be another devastating attack to address what we from New York. gaining on you.’’ already recognize to be a serious security GENERAL LEAVE To further quote the study, the study threat. I strongly support this legislation, and I Mr. MEEKS of New York. Mr. Speak- says: ‘‘The choice of venue for IPOs of- urge my colleagues to do likewise. fers the most dramatic illustration of The SPEAKER pro tempore (Mr. er, I ask unanimous consent that all the interplay between these factors. CAPUANO). The question is on the mo- Members may have 5 legislative days The world’s corporations no longer tion offered by the gentleman from within which to revise and extend their turn primarily to stock exchanges in Mississippi (Mr. THOMPSON) that the remarks on this legislation and to in- the United States, such as the New House suspend the rules and pass the sert extraneous material thereon. York Stock Exchange or NASDAQ, to bill, H.R. 1680, as amended. The SPEAKER pro tempore. Is there The question was taken; and (two- objection to the request of the gen- raise capital internationally.’’ It con- thirds being in the affirmative) the tleman from New York? tinues to say: ‘‘The IPO market offers rules were suspended and the bill, as There was no objection. other examples of jurisdictional arbi- amended, was passed. Mr. MEEKS of New York. Mr. Speak- trage working against the United The title was amended so as to read: er, I yield myself such time as I may States, with very small-cap companies ‘‘A bill to authorize the Secretary of consume. in the United States increasingly fa- Homeland Security to regulate the sale Mr. Speaker, I have been a major ad- voring London’s Alternative Invest- of ammonium nitrate to prevent and vocate of making sure that America ment Market over NASDAQ,’’ and I add deter the acquisition of ammonium ni- maintains its global competitive edge here the American Stock Exchange. trate by terrorists, and for other pur- whether it is in business or human de- ‘‘American private equity firms are poses.’’. velopment. America must stay at the choosing to list on European ex- A motion to reconsider was laid on forefront of innovation, productivity changes.’’ the table. and expertise. No matter how economi- Mr. Speaker, in this study, leading fi- f cally, militarily or culturally strong a nancial services executives who were Nation has become, it will certainly interviewed indicated that ‘‘the legal TO ELIMINATE THE EXEMPTION begin its decline when it rests on the environment and regulatory frame- FROM STATE REGULATION FOR laurels of its past accomplishments and work in particular were critical to po- CERTAIN SECURITIES DES- ceases to stay ahead of the competi- tential issuers considering whether to IGNATED BY NATIONAL SECURI- tion. enter the U.S. markets.’’ The imple- TIES EXCHANGES H.R. 2868 was introduced by me and mentation of Sarbanes-Oxley was part Mr. MEEKS of New York. Mr. Speak- my good friend and colleague from New of the United States regulatory frame- er, I move to suspend the rules and York, VITO FOSSELLA, toward the goal work that was cited as a concern for

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My of- new markets popping up across the Because developmental tiers have fice has worked closely with the globe, investors and businesses now less stringent listing standards, securi- PCAOB and the SEC to review and dis- have more options, and increasingly we ties offered on those exchanges should cuss the regulatory reforms of SOX. We are seeing them choose alternatives to in fact be subject to State regulatory hope it will improve the implementa- the U.S., such as Hong Kong, Singa- oversight in addition to the SEC over- tion of the law. pore, and London. sight. The legislation provides the na- Toward continuing my efforts to im- We have seen an increasing number tional exchanges a legislative pathway prove our regulatory environment, of U.S. companies, in particular small that currently exists for regional do- H.R. 2868 will make a technical change companies, raise capital on foreign ex- mestic exchanges and foreign ex- to the 1996 National Securities Market changes, in particular, London’s Alter- changes to offer a marketplace for Improvement Act that would allow the native Investment Market, or, as small cap companies. By allowing the American Stock Exchange and known commonly, AIM. Clearly, the national exchange to establish this new NASDAQ to offer a tier 2 level listing if United States remains the global finan- tier, it will grant small cap companies they so choose. This would allow these cial leader. Overall, I believe we can be a new alternative to London’s AIM exchanges to compete more directly optimistic about the future growth and market and to other marketplaces that with the London Alternative Invest- success of the American capital mar- may be less regulated and less trans- ment Market and the Toronto Stock kets. However, in a constantly evolving parent. Exchange. It will help us keep our com- and ever-innovative global market- This legislation represents sound pol- petitive advantage and lead. place, we cannot take our leadership icy. It puts all of our domestic ex- Mr. Speaker, I would also like to for granted, nor ignore indicators that changes on equal footing and removes a thank Chairman FRANK for moving this the U.S. competitive edge is dimin- roadblock to progress. In addition, the bill through the committee. I would ishing. As lawmakers, we have a crit- bill represents an important approach also like to give special thanks to my ical responsibility to ensure the U.S. to addressing American competitive- cosponsor, Mr. FOSSELLA, for the work remains at the forefront of the finan- ness. It grants the flexibility to de- of his office, particularly Ryan McKee. cial markets. velop new offerings without creating a I also want to thank Lawranne Stewart Strong capital markets are not a suc- regulatory race to the bottom. These and Deborah Silberman of Mr. FRANK’s cess realized by Wall Street and invest- new tiers would be subject to State se- staff, and of course Mr. Jameel John- ment bankers exclusively. Strong mar- curity regulations, and any proposed son, my chief of staff. kets mean jobs, economic growth and new listing will be subject to oversight Mr. Speaker, I reserve the balance of retirement security for people across and approval from the SEC. Addition- my time. the United States. We cannot control ally, investor protections are upheld. Mr. FOSSELLA. Mr. Speaker, I yield the evolution of overseas markets or As public companies, small cap compa- myself such time as I may consume. their ability to compete in a global nies seeking to list on a developmental Mr. Speaker, let me at the outset marketplace, nor should we want to. tier will be required to fully comply thank my colleague from New York What we can control, however, is our with U.S. securities laws. (Mr. MEEKS) without whom this legis- ability to respond and to adapt to Let me just say in closing, Mr. lation would not be possible. As he has changing circumstances with innova- Speaker, I want to thank Mr. MEEKS. mentioned, while we are on opposite tion and flexibility that will allow our We here in Congress, regardless of our sides of the aisle, we share the common markets and market-makers to main- party affiliation or where we are from, goal of ensuring that the U.S. remain tain their competitive edge. know that this country is the engine of the envy of the world when it comes This bill, the Small Cap Competitive the world, and we want to keep it such. not just to capital markets but also Listing Act, is an important and rea- We understand that financial markets, the place where people can come, in- sonable step toward achieving that in particular the securities industry, is vestors can come, entrepreneurs can goal. In order to compete in an increas- a vital component of our national econ- exist and find capital and make this ingly global and highly competitive omy. country even better and stronger. marketplace, exchanges both domestic And it is not just about Wall Street. Of course, we share the common pur- and international have developed addi- As mentioned, many of us, whether you pose of representing the greatest city tional listing tiers, with lower listing are from Queens, Brooklyn or Staten in the world, New York, which has al- standards to expand opportunities for Island, many of our constituents ben- ways been and shall continue to be the smaller companies. Particularly for efit from a vibrant financial service in- financial capital of the world. I would small cap companies, an opportunity to dustry. Much of that tax revenue dis- also like to thank the chairman of the list on a developmental tier is an im- proportionately in New York City goes committee, Mr. FRANK, and especially portant component to their ability to to fund schools and parks and roads. the ranking member, Mr. BACHUS, for raise the capital necessary to grow This is just a small way in which we bringing this bill to the floor, again, their business and to continue to inno- can maintain that competitive edge, without whom this would not be pos- vate. give entrepreneurs and small compa- sible. Mr. Speaker, in 1996, Congress passed nies the opportunity to access our cap- Over the past year or more there has the National Securities Market Im- ital markets, put us on equal footing to been a new and rightly placed focus on provement Act in an effort to stream- compete with London’s AIM and other the competitiveness of the United line the regulatory process and elimi- emerging market exchanges across the States capital markets. As emerging nate duplication. Common sense. This world, and understand that the Amer- international markets continue to act included an important provision ican people, the American businessman grow, the natural and historical attrac- that granted preemption from State se- and woman, can compete with anyone tion to the U.S. capital markets has curity regulation to the national ex- if given the tools and the barriers are given way to the considerations of a changes: the New York Stock Ex- diminished. broader scale. In short, the U.S. is no change, NASDAQ, and the American Mr. Speaker, I have no speakers. Mr. longer the only game in town. Stock Exchange. Because these listings MEEKS, thank you very much. As well, Over the past several years, as my were national in scope on the major I would like to add my thanks to his good friend Mr. MEEKS has indicated, U.S. exchanges, Congress deferred regu- staff and that of Mr. FRANK, Mr. BACH- several reports have been published lation to the Securities and Exchange US, and on my staff, Ryan McKee, and

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27982 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 urge my colleagues to adopt the under- New York Stock Exchange (NYSE) previously for appropriate staff and contractors (including lying legislation. offered a developmental tier through Arca, but all medical personnel) of the Department who With that, I yield back the balance of is currently in the process of getting out of that interact with veterans. This training shall cover information appropriate to the duties being per- my time. business, while the AMEX has expressed an Mr. MEEKS of New York. Mr. Speak- formed by such staff and contractors. The train- interest in developing a second tier. ing shall include information on— er, again, I would like to thank Mr. I am proud to co-sponsor H.R. 2868, which ‘‘(1) recognizing risk factors for suicide; FOSSELLA for all of his hard work, be- was introduced by my esteemed colleagues ‘‘(2) proper protocols for responding to crisis cause that is what we are talking from New York, Congressman MEEKS and situations involving veterans who may be at about. We are talking about basically Congressman FOSELLA. I urge all of my col- high risk for suicide; and the backbone of America has always leagues to support this important legislation, ‘‘(3) best practices for suicide prevention. been its small businesses. So when we level the playing field, and ensure our domes- ‘‘(c) HEALTH ASSESSMENTS OF VETERANS.—In carrying out the comprehensive program, the have these firms, we want them to in- tic exchanges can compete in the global mar- vest and grow their businesses right Secretary shall direct that medical staff offer ketplace. mental health in their overall health assessment here in the United States of America. Mr. MEEKS of New York. Mr. Speak- when veterans seek medical care at a Depart- It makes great sense, because as they er, I yield back the balance of my time. ment medical facility (including a center estab- are investing and expanding their busi- The SPEAKER pro tempore. The lished under section 1712A of this title) and nesses, it creates jobs for Americans. question is on the motion offered by make referrals, at the request of the veteran When you look at the services, the fi- the gentleman from New York (Mr. concerned, to appropriate counseling and treat- nancial services in particular, that is MEEKS) that the House suspend the ment programs for veterans who show signs or where the jobs are being created, that rules and pass the bill, H.R. 2868, as symptoms of mental health problems. is where we are the most competitive, ‘‘(d) DESIGNATION OF SUICIDE PREVENTION amended. COUNSELORS.—In carrying out the comprehen- and that is where we have got to stay The question was taken; and (two- sive program, the Secretary shall designate a and keep our competitive edge. It thirds being in the affirmative) the suicide prevention counselor at each Depart- makes great sense for us to make sure rules were suspended and the bill, as ment medical facility other than centers estab- that tomorrow continues to be the amended, was passed. lished under section 1712A of this title. Each great day for our financial services in- A motion to reconsider was laid on counselor shall work with local emergency dustry, because it is the key to the eco- the table. rooms, police departments, mental health orga- nomic security, as well as to the jobs of nizations, and veterans service organizations to f tomorrow for many of our young peo- engage in outreach to veterans and improve the coordination of mental health care to veterans. ple. JOSHUA OMVIG VETERANS ‘‘(e) BEST PRACTICES RESEARCH.—In carrying Mr. Speaker, I urge all of my col- SUICIDE PREVENTION ACT out the comprehensive program, the Secretary leagues to vote for this bill. It makes Mr. FILNER. Mr. Speaker, I move to shall provide for research on best practices for great sense, and it helps us maintain suspend the rules and concur in the suicide prevention among veterans. Research the competitive edge and helps us Senate amendment to the bill (H.R. shall be conducted under this subsection in con- maintain being the financial capital of sultation with the heads of the following enti- 327) to amend title 38, United States ties: the world. Code, to direct the Secretary of Vet- Mrs. MALONEY of New York. Mr. Speaker, ‘‘(1) The Department of Health and Human erans Affairs to develop and implement Services. I rise today in support of H.R. 2868, bipartisan a comprehensive program designed to ‘‘(2) The National Institute of Mental Health. legislation that would enhance the competitive- reduce the incidence of suicide among ‘‘(3) The Substance Abuse and Mental Health ness of U.S. capital markets by allowing ex- veterans. Services Administration. changes to establish developmental tiers to The Clerk read the title of the bill. ‘‘(4) The Centers for Disease Control and Pre- expand listing opportunities in the U.S. for The text of the Senate amendment is vention. ‘‘(f) SEXUAL TRAUMA RESEARCH.—In carrying smaller companies. as follows: H.R. 2868 would remove the barrier to cre- out the comprehensive program, the Secretary ating developmental listing tiers on several of Strike out all after the enacting clause and shall provide for research on mental health care insert: the major exchanges in the U.S. by amending for veterans who have experienced sexual trau- SECTION 1. SHORT TITLE. ma while in military service. The research de- Section 18 of the National Securities Markets This Act may be cited as the ‘‘Joshua Omvig sign shall include consideration of veterans of a Improvement Act (NSMIA). Under the bill, all Veterans Suicide Prevention Act’’. reserve component. securities listed on a developmental tier would SEC. 2. SENSE OF CONGRESS. ‘‘(g) 24-HOUR MENTAL HEALTH CARE.—In car- be subject to Securities and Exchange Com- It is the sense of Congress that— rying out the comprehensive program, the Sec- mission (SEC) oversight and state blue-sky (1) suicide among veterans suffering from retary shall provide for mental health care regulations in an effort to uphold investor pro- post-traumatic stress disorder (in this section re- availability to veterans on a 24-hour basis. tections. ferred to as ‘‘PTSD’’) is a serious problem; and ‘‘(h) HOTLINE.—In carrying out the com- Right now, the inability to develop an addi- (2) the Secretary of Veterans Affairs should prehensive program, the Secretary may provide for a toll-free hotline for veterans to be staffed tional, developmental tier can be a significant take into consideration the special needs of vet- erans suffering from PTSD and the special by appropriately trained mental health per- impediment to an exchange’s ability to com- sonnel and available at all times. pete in the global marketplace. These barriers needs of elderly veterans who are at high risk for depression and experience high rates of sui- ‘‘(i) OUTREACH AND EDUCATION FOR VETERANS make our markets less competitive for small cide in developing and implementing the com- AND FAMILIES.—In carrying out the comprehen- cap listings and can drive companies to list prehensive program under this Act. sive program, the Secretary shall provide for outside the United States. outreach to and education for veterans and the SEC. 3. COMPREHENSIVE PROGRAM FOR SUICIDE families of veterans, with special emphasis on London’s Alternative Investment Market PREVENTION AMONG VETERANS. providing information to veterans of Operation (AIM) for example, is attracting capital world- (a) IN GENERAL.— Iraqi Freedom and Operation Enduring Freedom (1) COMPREHENSIVE PROGRAM FOR SUICIDE wide and recruiting U.S. IPO’s. According to a and the families of such veterans. Education to PREVENTION AMONG VETERANS.—Chapter 17 of recent International Herald Tribune report, promote mental health shall include information title 38, United States Code, is amended by add- companies listed on London’s AIM raised $30 designed to— ing at the end the following new section: billion in capital in 2006. The exchange has tri- ‘‘(1) remove the stigma associated with mental pled its number of listed companies to 1,640 ‘‘§ 1720F. Comprehensive program for suicide illness; since 2000, with about one-third of them inter- prevention among veterans ‘‘(2) encourage veterans to seek treatment and national. A total of 63 companies worth about ‘‘(a) ESTABLISHMENT.—The Secretary shall de- assistance for mental illness; $11 billion are from the United States—the velop and carry out a comprehensive program ‘‘(3) promote skills for coping with mental ill- designed to reduce the incidence of suicide ness; and highest representation on AIM. among veterans incorporating the components ‘‘(4) help families of veterans with— The U.S. must take the necessary steps to described in this section. ‘‘(A) understanding issues arising from the re- maintain our capital markets as the premiere ‘‘(b) STAFF EDUCATION.—In carrying out the adjustment of veterans to civilian life; choice for companies large and small, within comprehensive program under this section, the ‘‘(B) identifying signs and symptoms of men- our country and throughout the world. The Secretary shall provide for mandatory training tal illness; and

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00021 Fmt 0688 Sfmt 6333 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 27983 ‘‘(C) encouraging veterans to seek assistance servicemembers. The House passed H.R. with the assistance they need, which for mental illness. 327, the Joshua Omvig Veterans Suicide Pre- was not there for Joshua. ‘‘(j) PEER SUPPORT COUNSELING PROGRAM.— vention Act, on March 21st of this year. I’m This bill also requires the Veterans (1) In carrying out the comprehensive program, pleased the Senate also made it a priority to Administration to develop a com- the Secretary may establish and carry out a prehensive program to address the rate peer support counseling program, under which act on this important legislation. I believe the veterans shall be permitted to volunteer as peer bill shows a clear compromise in our efforts to of suicide among veterans. And it also counselors— provide help to those in need. underscores the importance for further ‘‘(A) to assist other veterans with issues re- One of the most pressing issues facing our research, peer counseling, family edu- lated to mental health and readjustment; and men and women is mental health care. I be- cation and involvement, and education ‘‘(B) to conduct outreach to veterans and the lieve that if we send our men and women off for all staff at the Veterans Adminis- families of veterans. to war, we must, as a nation, do all we can tration. There is an urgent need for ‘‘(2) In carrying out the peer support coun- to address their health care needs when they this bill to pass. seling program under this subsection, the Sec- You have heard the report that Mr. retary shall provide adequate training for peer return. We cannot ask them to fight and then FILNER gave us. The statistics are as- counselors. forget them when they return from battle. Vet- ‘‘(k) OTHER COMPONENTS.—In carrying out erans suffer a higher risk of suicide than the tounding. Stress disorder has jumped the comprehensive program, the Secretary may general population. The stress of combat, like 70 percent. Also, I want to thank our two Iowa provide for other actions to reduce the incidence combined with the stigma that exists for Senators, Senator HARKIN and Senator of suicide among veterans that the Secretary servicemembers and veterans seeking mental considers appropriate.’’. GRASSLEY, for their support; and I es- health care services can have disastrous con- (2) CLERICAL AMENDMENT.—The table of sec- pecially want to thank Randy and sequences. tions at the beginning of such chapter is amend- Ellen Omvig, the mom and dad of Josh- We must do everything possible to improve ed by adding at the end the following new item: ua. They have suffered a lot over this, the VA’s mental health services, and its ability ‘‘1720F. Comprehensive program for suicide pre- as we all would. But at the same time, to detect, and help, those veterans most at vention among veterans.’’. they found the courage and strength to EPORT TO ONGRESS risk. H.R. 327 will provide the important tools (b) R C .— want to help others and want to reach (1) REPORT REQUIRED.—Not later than 90 days to assist the VA in strengthening suicide pre- out. They want to do anything they after the date of the enactment of this Act, the vention, education, and awareness programs Secretary of Veterans Affairs shall submit to can possibly do to prevent this from within the VA by mandating a comprehensive happening to another individual and Congress a report on the comprehensive program program for suicide prevention among vet- under section 1720F of title 38, United States another family. Code, as added by subsection (a). erans. It is almost with relief for me, Mr. (2) CONTENTS OF REPORT.—The report shall I thank my colleague Mr. BOSWELL for intro- Speaker, that we are passing this today contain the following: ducing this bill, and I thank my colleagues for and moving it on because we know (A) Information on the status of the imple- their support. there are hundreds of other veterans mentation of such program. Mr. Speaker, I yield such time as he out there who need help, and this ought (B) Information on the time line and costs for may consume to the gentleman from complete implementation of the program within to set that in motion. There is no Iowa (Mr. BOSWELL). doubt there is more we can do, but this two years. Mr. BOSWELL. I thank the chairman (C) A plan for additional programs and activi- is a good beginning. With that, I would ties designed to reduce the occurrence of suicide for yielding. like to yield back and let other Mem- among veterans. Mr. Speaker, this is a very important bers speak to this very important piece (D) Recommendations for further legislation moment for our veterans as we think of of legislation. or administrative action that the Secretary con- their service to our country. Of course, Mr. BOOZMAN. Mr. Speaker, I yield siders appropriate to improve suicide prevention we all wouldn’t be here, I believe, I myself such time as I may consume. programs within the Department of Veterans Af- think we would agree with that, if it Mr. Speaker, I rise in support of H.R. fairs. wasn’t for our veterans, who have been 327, the Joshua Omvig Veterans Sui- The SPEAKER pro tempore. Pursu- willing to put it on the line. cide Prevention Act as amended by the ant to the rule, the gentleman from Mr. Speaker, as Chairman FILNER has Senate. I also want to thank Mr. BOS- California (Mr. FILNER) and the gen- spoken here, this legislation came up WELL for his hard work in bringing this tleman from Arkansas (Mr. BOOZMAN) after a very tragic thing. Joshua forward. each will control 20 minutes. Omvig, returning after an 11-month H.R. 327 was originally passed by the The Chair recognizes the gentleman tour, a good young fellow, a member of House unanimously in March. The leg- from California. the Grundy Center Volunteer Fire De- islation was slightly modified by the Mr. FILNER. Mr. Speaker, I yield partment, the Grundy Center Police Senate to ensure that referrals for myself 5 minutes. Reserves, he was concerned about the mental health counseling and treat- Mr. Speaker, before I introduce the safety of others, but because of the sit- ment considered the request of the vet- author of the legislation, I just want to uation, he took his life. eran concerned. say in introduction, unfortunately, sui- I can’t help but be thoughtful of Preventing suicide among our vet- cide prevention has become a major Ellen, his mother. erans is a top priority of this Congress part of our responsibilities to both ac- and the Nation. The Veterans Health b 1230 tive duty and our veterans. Administration estimates there are It is a terrible statistic, Mr. Speaker, She would like to have had more 1,000 suicides per year among veterans but as many Vietnam veterans have training. She knew there was a prob- receiving VA health care, and as many now committed suicide as died in the lem, and so did his dad. She was with as 5,000 per year among all living vet- original war. That is over 58,000. We Josh when he went out to his pickup erans. These are alarming statistics. have to do as a Nation a better job. The truck that day to go to work to try to H.R. 327, as amended, establishes re- Army just announced recently that the talk to him, to try to help. And he took quirements for a multifaceted VA sui- suicide rate among active duty and re- his life right in her presence. cide prevention plan that strengthens cently discharged has now reached Well, they could have just kind of early detection measures, staff edu- Vietnam proportions. So we have to do backed off in their great grief and sor- cation initiatives, and counseling and a far better job and we intend to do row and done nothing, but we reached treatment assistance to reach out and that. out to them and they reached back. help at-risk veterans to prevent sui- The author of the original legisla- They want to participate in doing cides among those who have so bravely tion, Mr. BOSWELL from Iowa, saw this something for others. And so out of served our Nation. very clearly and introduced this bill. that came what is now known as H.R. VA has already begun to implement a Mr. Speaker, one of the top priorities of the 327. It is pretty simple: Improve early national suicide prevention lifeline as Committee on Veterans’ Affairs in this Con- detection for incidence of suicide required by this legislation. The hot- gress is to address the needs of our returning among veterans, provide those veterans line became operational in July of this

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27984 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 year. Veterans experiencing thoughts stantly looking over their shoulders turned from Iraq with some physical of suicide can call 1–800–273–TALK not knowing when or where the next injuries as well as a diagnosis of PTSD. (8255) for help. The first call, according attack or IED will come from. Many He struggled with addiction to legal to the VA, was received on July 25. times, they witness firsthand the prescription and illegal drugs. After Since that time and through Sep- deaths of those they serve beside. consultation with his parents, he tember 1, as a result of calls to the sui- Under these extreme conditions, it is checked himself into the West L.A. VA cide prevention hotline, 346 callers no wonder that those who have served facility where he was given five addi- were referred to a VA suicide preven- so bravely come home and find it very tional prescription drugs, including tion coordinator, and there were 56 res- difficult to put these experiences be- methadone, without proper oversight. cues. hind them. PTSD is gaining more at- The next day, the man was dead. Mr. Speaker, H.R. 327, as amended, is tention, and rightly so. I can’t understand, it is incompre- important legislation that responds to As a member of the House Veterans hensible to me why a facility would the need to strengthen suicide preven- Affairs’ Committee, we are seeing more give anyone with a substance abuse tion, education and awareness pro- servicemembers returning home with problem a 30-day supply of medication grams within the VA. I urge my col- these types of stress disorders. If not unsupervised under a self-medication leagues to support H.R. 327, as amend- properly treated, those suffering from policy. This devastating loss of life ed. PTSD may turn to drugs or alcohol to could have been and should have been Mr. Speaker, I reserve the balance of cope. Some may even take their life. prevented. This is a systemic problem That is why the Joshua Omvig Sui- my time. in our VA system, and that’s why this cide Prevention Act is such an impor- Mr. FILNER. Mr. Speaker, I yield 2 issue needs immediate attention. minutes to the gentleman from Illinois tant piece of legislation. It ensures when a veteran is having trouble with One other quick story, if you can call (Mr. HARE). it a story. About a month ago I called Mr. HARE. Mr. Speaker, I rise today any mental illness they have a place to turn. It ensures that at each VA med- a grandmother in Pahrump, Nevada. It in strong support of H.R. 327, the Josh- is a small town outside of Las Vegas. ua Omvig Veterans Suicide Prevention ical facility there is a designated sui- cide prevention counselor who will en- Her grandson lived with her. He came Act. home from his first tour of duty in I would like to express my heartfelt gage in community outreach to vet- erans and improve the coordination of Iraq, and he was messed up mentally. appreciation to the family of Joshua, He was suffering from PTSD. It was ap- both for their tireless efforts to pass mental health services. The bill also makes available mental parent to anybody who spoke to him. this legislation and for their son’s health care 24 hours a day, 7 days a He didn’t want to go back. He felt he brave service to our Nation. week. There is also a toll-free hotline couldn’t handle it. He was emotionally Too many soldiers are returning from for veterans staffed by appropriate and physically drained, and he begged the battlefield with hidden injuries. mental health personnel. not to go back. According to the Department of De- In conclusion, Mr. Speaker, H.R. 327 So the military’s response was they fense, 60,000 troops have been diagnosed provides a necessary service to our Na- gave him Prozac because he was de- with posttraumatic stress disorder or tion’s veterans, and I would urge all of pressed and they sent him back to the traumatic brain injuries. Sadly, only a my colleagues to support this measure. front lines in Iraq. The day he got back small number of our veterans receive Mr. FILNER. Mr. Speaker, I yield 3 to Iraq, he blew his brains out. That is or seek the help that they need. minutes to the gentlewoman from Ne- a very difficult thing to come to grips H.R. 327 strengthens cooperation be- vada (Ms. BERKLEY). with if you are the grandmother of a tween the Departments of Defense and Ms. BERKLEY. I thank the chairman grandson who begged you not to let Veterans Affairs, it creates a com- of the VA Committee for yielding me him go back to Iraq. prehensive program to screen veterans this time. We have problems with PTSD. It is for mental health and suicide risk fac- I rise in strong support of H.R. 327, imperative that we provide adequate tors, and increases training for suicide the Joshua Omvig Veterans Suicide mental health services for those who prevention. Prevention Act. I listened to what Mr. have and are currently sacrificing for This bill is the first step in ensuring BOSWELL had to say. He is the prime our great Nation. This bill takes a step that we treat the psychological wounds sponsor of the bill. I heard him in com- in the right direction in providing our of our troops by improving mental mittee and I heard him again on the veterans with the health care they health coordination and our outreach floor, and I appreciate so much the fact have earned. to veterans. I urge all of my colleagues that he has brought this to Congress’ Mr. BOOZMAN. Mr. Speaker, I re- to join me in voting for H.R. 327. attention. And a special thank you to serve the balance of my time. Mr. BOOZMAN. Mr. Speaker, I yield 3 Joshua’s family and his parents. I am minutes to the gentlewoman from not sure if my child had committed Mr. FILNER. Mr. Speaker, I yield 2 Florida (Ms. GINNY BROWN-WAITE). suicide after his service in Iraq that I minutes to Mr. WALZ of Minnesota. Ms. GINNY BROWN-WAITE of Flor- would have the strength to not only go Mr. WALZ of Minnesota. Mr. Speak- ida. Mr. Speaker, I rise today to ex- on as they have, but to try to bring er, I thank Chairman FILNER for his press my overwhelming support for PTSD to the attention of the American strong support of this piece of legisla- H.R. 327. This bill addresses a glaring people and actually do something tion and to all members of the com- need for mental health support at the about it. mittee. Mr. BOOZMAN has been a strong Department of Veterans Affairs. I want to share why this is important supporter of our veterans, and I appre- Medical personnel easily identify and to me and why I am supporting this ciate the support for this piece of legis- treat physical injuries related to com- bill. More than 1,600 Nevada veterans lation. bat. However, more difficult to identify have returned from serving in Iraq and Mr. BOSWELL so clearly illustrated are those brave men and women that Afghanistan. Many of these brave men the need for this piece of legislation. I bear the mental scars of war. and women suffer from PTSD. Nation- urge my colleagues to stand in support Posttraumatic stress disorder is a very ally, one in five veterans returning of this compromise that has come back real and potentially deadly condition if from Iraq and Afghanistan are suf- from the Senate, and thank Senator not properly treated. fering from PTSD; 35 percent have been HARKIN for moving it towards us. The reality is we as a Nation ask a diagnosed with some sort of mental As I spoke on this piece of legislation great deal of the men and women who disorder. It is vital that our veterans in March, the numbers show that vet- serve in our Armed Forces. They deal receive the help they need to deal with erans’ suicide and mental health issues with extreme conditions, heavy body this condition. are urgent issues that require Con- armor and separation from their fami- A few years ago a constituent of gress’ immediate attention. Although lies. In addition, these soldiers are con- mine, Lance Corporal Justin Bailey, re- veterans make up 10 percent of our

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 27985 population, one in five people who com- Joshua was a brave young man who Mr. FILNER. Mr. Speaker, I would mits suicide in the United States is a served in a military police unit in Dav- like to yield 2 minutes to another gen- veteran. enport, Iowa, which is in the First Dis- tleman from Iowa (Mr. LOEBSACK) to A full 35 percent of our veterans re- trict that I happen to represent, and add his support. turning from Iraq are seeking coun- Joshua’s face has become a national Mr. LOEBSACK. Thank you, Chair- seling for mental health issues within face for the issue and the crisis that man FILNER, and thank you, Congress- the first year. PTSD is fast becoming a brings us here today. man BOSWELL, Congressman BRALEY, signature injury of the wars in Iraq and People who deal with post-traumatic and Congressman BOOZMAN, for your bi- Afghanistan, and the Veterans’ Affairs stress disorder, especially PTSD in- partisan support on this bill. Committee has seen in countless hear- volving veterans, will tell you this is I rise today in strong support of H.R. ings that the need to expand care is the hidden combat wound. When these 327, the Joshua Omvig Suicide Preven- there. veterans return with PTSD, they can tion Act. H.R. 327 will meet this need. By di- be walking on the streets of your city, This bill was one of the very first recting the Department of Veterans Af- your town, your community; and you bills that I cosponsored as a new Mem- fairs to offer mental health screening will not know that they are suffering ber of Congress, and I did so because I to veterans, providing education to VA because of the nature of the disease. believe we have a moral obligation to staff, contractors and medical per- What’s even more significant is that care for those who have worn our coun- sonnel, and making available 24-hour people suffering from PTSD are fre- try’s uniform. Indeed, just yesterday, mental health care for veterans who quently the last people to know early yesterday, I visited the mental are at risk, we will alleviate some of they’ve got a problem, and that’s why health unit at our military hospital in these hardships. this bill is so important, so that people Landstuhl, Germany. I urge my colleagues to support this coming back and veterans who are suf- The incidence of suicide among our legislation because of the critical serv- fering from PTSD get the resources, Nation’s veterans is indeed staggering. ice it will provide. Although we often the early screening and the early pre- In fact, it has reached the highest rate have bitter debates in this House and vention and intervention necessary to in 28 years, and we’ve already heard are deeply divided over issues like the make a difference in their lives and to about Joshua Omvig, himself one of war in Iraq, there is one issue that we save the next Joshua Omvig who faces Iowa’s own. all agree on and has the potential to this struggle without the necessary re- By directing the VA to implement unite us and this Nation, and that is sources and support. screening, counseling, and other men- the care for our veterans. No one in I’m proud to be part of this over- tal health services for returning vet- this body questions the incredible sac- whelming bipartisan effort in the erans, this legislation will reach those rifice each of the veterans has made on House of Representatives to take care who are most in need of our help. behalf of the United States. And no one of our wounded veterans, our aging vet- I urge the passage of this legislation, questions the responsibility that we erans, and our new veterans coming and I urge the President to quickly have in Congress to provide them with back from Iraq and Afghanistan. sign it into law so that these vital the resources and the help necessary to You’ve heard the statistics about the mental health services can reach our live healthy and prosperous lives. overwhelming nature of this problem Nation’s veterans. With this legislation, the 110th Con- among current combat veterans. That’s Mr. FILNER. We have no further gress will again demonstrate its com- why this bill is so important, and I ask speakers except my closing, if the gen- mitment on behalf of our veterans. my colleagues to join me today. tleman would like to close. Mr. BOOZMAN. Mr. Speaker, I con- I rise to speak in support of H.R. 327, the Mr. BOOZMAN. Mr. Speaker, again, I tinue to reserve the balance of my Joshua Omvig Veterans Suicide Prevention want to thank Congressman BOSWELL time. for his hard work in bringing this for- Mr. FILNER. Other Members from Act. I am proud to be an original cosponsor of ward, Chairman FILNER, Ranking Mem- the State of Iowa want to express sup- this crucial legislation, introduced by my friend ber BUYER, Mr. MICHAUD, Mr. MILLER, port for the Iowa family that helped in- and colleague from Iowa, Congressman BOS- all of them for reaching a compromise spire this legislation. I would yield 2 WELL, and I am very pleased that the Senate with the Senate as we go forward on minutes to the gentleman from Iowa has acted and that the House is again passing this. (Mr. BRALEY). this bill today. Named in honor of 22–year-old Joshua I think this is a great example that b 1245 Omvig, an Army Reservist from Iowa who out of a terrible tragedy something Mr. BRALEY of Iowa. Mr. Speaker, I tragically took his own life after serving an 11– good can happen, and we’ve heard the thank the gentleman for the oppor- month tour of duty in Iraq, this legislation is an story of this young guy, and because of tunity to address this very important essential and overdue step in ensuring ade- his tragedy, because of that family’s issue, and I want to congratulate and quate mental health care for our troops who tragedy, hopefully in putting programs thank my colleague and friend, Con- return home from serving in combat zones. like this in place we will help other gressman BOSWELL, for his persistence The need for this legislation could not be more families, other individuals, other serv- in seeing this bill to its conclusion and, urgent, as more and more soldiers are return- ice men not go through this and pre- again, thank the ranking member for ing home from Iraq and Afghanistan suffering vent future tragedies. the bipartisan support for this bill. from PTSD, TBI, and other combat-related So, again, I urge my colleagues to One of the most moving experiences mental health problems. vote ‘‘yes’’ and urge the President to I’ve had in this body is standing on the This bill is very near to my heart, as I know sign this so that we can go forward floor when we first spoke about this Joshua’s parents, Randy and Ellen Omvig, completely. bill and heard overwhelming support very well. It is my hope that the passage of Mr. Speaker, I yield back the balance and great personal testimony from peo- this bill in the House today means that the of my time. ple on both sides of the aisle. tragic death of their son will not be in vain. GENERAL LEAVE I want to put a human face on the I would like to thank Congressman BOSWELL Mr. FILNER. Mr. Speaker, I ask bill we are talking about. This is Josh- for his leadership on this bill, and the Omvigs unanimous consent that all Members ua Omvig, and these are his parents, for their tremendous advocacy and commit- may have 5 legislative days in which to Randy and Ellen Omvig. I’ve known ment. I urge all of my colleagues to vote in revise and extend their remarks and in- Randy and Ellen for almost 20 years. favor of this bill today, and I urge President clude extraneous material on H.R. 327, They’re warm, caring, decent Iowans Bush to swiftly sign this bill into law so that we as amended. who loved their son and who are with can give all of our returning veterans—who The SPEAKER pro tempore. Is there us here in spirit as this bill makes its have sacrificed so much for our country—the objection to the request of the gen- final journey through Congress on its mental health care and treatment that they de- tleman from California? way to the White House. serve. There was no objection.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27986 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 Mr. FILNER. Mr. Speaker, I want to war. Only months after his return from Iraq, he able to recognize risk factors for suicide and thank Mr. BOSWELL for his ongoing committed suicide. are aware of the proper protocols and best support. The story of Joshua Omvig is not an iso- practices for responding to crisis situations in- As a Nation, in the name of Joshua lated occurrence. In 2004, a study conducted volving veterans who may be at high risk. Omvig and for his family and for all by the New England Study of Medicine con- The legislation also requires the designation the families who have suffered from cluded that over 15 percent of veterans return- of a suicide prevention counselor at each de- suicide, we have got to do a better job ing from a year in Iraq met screening criteria partment medical facility and authorizes the as a Nation. We have just got to do a for major depression, generalized anxiety, or availability of 24-hour mental health care; a better job. We know what will happen post traumatic stress disorder. Today, our sol- hotline, staffed with trained mental health per- if we fail. diers are serving much longer than a single sonnel; and expanded outreach and education Vietnam veterans have paid a heavy year and are returning from combat with se- services for veterans and their families. price for our refusal to look at mental vere psychological trauma. We must put an end to this tragedy affecting health as important as physical health, H.R. 327 implements a comprehensive pro- the many vulnerable men and women who for our refusal to look into the souls of gram that takes into consideration the special have worn our country’s uniform and who our young veterans and recognize that needs of veterans who are at high risk of de- serve this country proudly today. I believe this they are crying out for help. pression and experience high rates of suicide. legislation is an important step in that direc- So we have to get this right, and this By directing and training the staff of Veterans tion, and I am happy to support it. is a good step in doing it. Affairs in the proper screening, monitoring, Mr. SHULER. Mr. Speaker, I rise today in Again, I thank Mr. BOSWELL and all and tracking of veterans, this legislation will support of H.R. 327, the Joshua Omvig Vet- the Iowa Representatives for taking a lead to earlier diagnosis for those who may be erans Suicide Prevention Act, which will ex- tragedy that befell Joshua Omvig and prone to suicide. pand suicide-prevention services to our na- his family and turning it into a posi- Mr. Speaker, we have a responsibility to tion’s veterans. tive that will help all of us in America support our Nation’s veterans. I stand in Joshua Omvig was an Army Reservist who achieve better health care for our vet- strong support of H.R. 327, and I encourage committed suicide in 2005 after serving his erans. my colleagues to join me in voting for the Nation in Iraq. My thoughts and prayers are I urge my colleagues to support H.R. Joshua Omvig Suicide Prevention Act. with the family of this fallen hero, who have 327. Mr. VAN HOLLEN. Mr. Speaker, I rise in responded to this tragedy by championing ef- Mr. LATHAM. Mr. Speaker, I rise in strong support of H.R. 327, the Joshua Omvig Vet- forts to improve mental health care for return- support of the Joshua Omvig Veterans Suicide erans Suicide Prevention Act. ing war veterans. Prevention Act. I first want to thank my friend Mr. Speaker, the measures in this bill are It is widely understood that suicide among and colleague LEONARD BOSWELL for his serv- designed to reduce the alarming incidence of veterans suffering from post-traumatic stress ice to our Nation, and his efforts to bring this suicides among our vets. According to a re- disorder (PTSD) is a serious and pressing legislation forward on behalf of Iowa veterans. cent study conducted by Portland State Uni- problem facing our veterans’ community. Our I was pleased to be an original cosponsor of versity, male U.S. military veterans are twice Nation’s men and women returning from serv- this legislation when it was introduced. as likely to commit suicide as men who ice abroad deserve the highest quality care The bill contains many important provisions haven’t served in the armed forces. The report that this Nation can provide, including access to ensure that the VA health system is better is a painful reminder of why we must adopt to top quality mental health programs. equipped to identify soldiers at risk for suicide the measures outlined in this bill to assist our H.R. 327 directs the Secretary of Veterans and respond with appropriate counseling and military personnel returning from Afghanistan Affairs to take a comprehensive approach to care. The bill also mobilizes federal govern- and Iraq. combating the negative long-term effects of ment agencies to pool their expertise on this The Portland State study followed 320,000 PTSD. issue in order to identify the best strategies for men over age 18 for 12 years collecting data Specifically, this Act requires the Secretary suicide prevention. on those who participated in the National of Veterans Affairs to develop a program that The bill is named in honor of SPC Joshua Health Interview Survey. The researchers includes screening for suicide risk factors for Omvig, who served his country as part of the found that men who had served in the military veterans receiving medical care at all Depart- Army Reserve 339th Military Police Company at some time between 1917 and 1994 were ment facilities, referral services for at-risk vet- from Davenport, IA. A little over a year after twice as likely to die from suicide than men in erans for counseling and treatment, designa- his return from a tour in Iraq, Joshua Omvig the general population. In addition, veterans tion of a suicide prevention counselor at each took his own life on December 22, 2005. who committed suicide were more likely to be Department facility, a 24-hour veterans’ mental While his death was tragic, we are grateful for older, white, better educated, and married. But health care availability, peer support coun- his service to our Nation. the report offered few clear indicators for the seling, and mental health counseling program Our soldiers encounter enormous stress and high suicide rates. That in part is the purpose for veterans who have experienced sexual mental health challenges in the course of their of this legislation—to locate the root cause of trauma while in military service. duties. We have a crucial obligation to do all the high suicide rates and to reverse the situa- I ask my colleagues to join me in supporting we can to ensure that our veterans are given tion. this measure to improve suicide-prevention proper care and to prevent such tragedies There are approximately 25 million veterans programs through the Department of Veterans from occurring. in the United States, and 5 million veterans Affairs. I commend the House and Senate No one has done more to secure our Na- who receive care within the Veteran’s Health Veterans’ Affairs Committee for their hard tion’s freedom than our veterans and military Administration (VHA). Based on CDC data, work on this bill. personnel. Their sacrifice and service must be VHA mental health officials estimate 1000 sui- Mr. LANGEVIN. Mr. Speaker, I rise today in matched with greater commitment to them on cides per year among veterans receiving care strong support of H.R. 327, the Joshua Omvig our part. With that, I urge my colleagues to with VHA and as many as 5000 per year Veterans Suicide Prevention Act. As an origi- support H.R. 327. among all living veterans. nal cosponsor who voted for its passage in the Mr. EMANUEL. Mr. Speaker, today I rise in Representative BOSWELL’S bill is a bipartisan House earlier this year, I am pleased that this strong support of H.R. 327, the Joshua Omvig effort to get at the root of this troubling trend bill has passed both the House and the Sen- Veterans Suicide Prevention Act. As our sol- and to find solutions. ate. I look forward to sending this bill to the diers continue to defend our country’s freedom This bill requires the Veterans Administra- President with such overwhelming support. overseas, it is imperative that we at home tion to consider the special needs of veterans H.R. 327 will expand awareness of the seri- continue to recognize their sacrifice by pro- who suffer from post traumatic stress disorder ous problem of suicide among veterans suf- viding them with the support and services that and mandates the development and imple- fering from PTSD and of the special needs of they have earned. mentation of a comprehensive program to re- veterans at high risk for depression. Further- H.R. 327 is named after an Iraq veteran duce the incidence of suicide among all vet- more, it would develop and implement a pro- Joshua Omvig, a 22-year-old Army Reservist erans. gram that would include mandatory training for who served honorably in Iraq, but returned The bill accomplishes this by requiring that professionals who interact with veterans, home unable to cope with his memories of the appropriate Veterans Administration staff are screening for suicide risk factors, counseling

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00025 Fmt 0688 Sfmt 9920 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 27987 and treatment for at-risk veterans, and 24-hour practice dental care for the next 25 years for We saw his heart and soul here. He veterans’ mental health care availability. patients in the greater Augusta, Georgia, always wanted to take care of vet- It is a sad reality that we as a Nation must area, including care for military personnel, erans, and I’m pleased to support your face once again the repercussions of war, and retirees, and dependents under Department motion to name the Department of of Defense programs and for low-income pa- it is equally tragic that we are forced to ac- tients under Georgia Medicaid. Veterans Affairs Medical Center in Au- knowledge where our system has failed our (5) Congressman Norwood, upon being gusta, Georgia, as the Charlie Norwood servicemembers and veterans. I will continue sworn into the United States House of Rep- Department of Veterans Affairs Med- to work with my colleagues to forge solutions resentatives in 1995, pursued the advance- ical Center. in correcting our military care structure to en- ment of health and dental care for active Mr. Speaker, I rise today to offer my support sure they receive the care that they earned duty and retired military personnel and de- of H.R. 1808, a bill to name the VA Medical and deserve. pendents, and for veterans, through his pub- Center in Augusta, Georgia, after our former Mr. Speaker, passing this bill is one way to lic advocacy for strengthened Federal sup- colleague, Charlie Norwood. port for military and veterans’ health care correct what is wrong with the current system. programs and facilities. Charlie Norwood served as a Captain in the May we all recognize the service of those who (6) Congressman Norwood co-authored and United States Army from 1967 to 1969, begin- have selflessly given to our country, especially helped pass into law the Keep our Promises ning with an assignment to the U.S. Army those brave men and women who are serving to America’s Military Retirees Act, which Dental Corps at Sandia Army Base in Albu- today around the world. I know you join me in restored lifetime healthcare benefits to vet- querque, New Mexico. In 1968 he was trans- praying for their safe and quick return home. erans who are military retirees through the ferred to the Medical Battalion of the 173rd Mr. FILNER. Mr. Speaker, I yield creation of the Department of Defense Airborne Brigade in Vietnam and served a back the balance of my time. TRICARE for Life Program. combat tour at Quin Yon, An Khe, and LZ (7) Congressman Norwood supported and The SPEAKER pro tempore. The helped pass into law the Retired Pay Res- English at Bon Son. question is on the motion offered by toration Act providing relief from the con- During his tour, he participated in experi- the gentleman from California (Mr. current receipt rule penalizing disabled vet- mental military dental practices that are now FILNER) that the House suspend the erans who were also military retirees. standard procedure for the armed forces. Cap- rules and concur in the Senate amend- (8) Throughout his congressional service tain Norwood was one of the first participants ment to the bill, H.R. 327. from 1995 to 2007, Congressman Norwood re- in the Army’s outreach program that delivered The question was taken. peatedly defeated attempts to reduce Fed- dentists to forward fire bases in lieu of trans- The SPEAKER pro tempore. In the eral support for the Department of Veterans ferring patients to rear treatment areas. He Affairs Medical Center in Augusta, Georgia, opinion of the Chair, two-thirds being and succeeded in maintaining and increasing provided some of the first field-based dental in the affirmative, the ayes have it. Federal funding for the center. treatment of military guard dogs, and assisted Mr. FILNER. Mr. Speaker, on that I (9) Congressman Norwood maintained a life in non-dental trauma care in Mobile Army Sur- demand the yeas and nays. membership in the American Legion, the gical Hospitals. The yeas and nays were ordered. Veterans of Foreign Wars, and the Military In recognition of his service under combat The SPEAKER pro tempore. Pursu- Order of the World Wars. conditions, he was awarded the Combat Med- ant to clause 8 of rule XX and the (10) Congressman Norwood’s role in pro- ical Badge and 2 Bronze Stars. After Vietnam, Chair’s prior announcement, further tecting and improving military and veteran’s Captain Norwood was assigned to the Dental proceedings on this motion will be health care was recognized by the Associa- Corps at Fort Gordon, Georgia, where he tion of the United States Army through the postponed. presentation of the Cocklin Award in 1998, served until his discharge in 1969. f and through his induction into the Associa- He remained a member of The American tion’s Audie Murphy Society in 1999. Legion, the Veterans of Foreign Wars, and the CHARLIE NORWOOD DEPARTMENT Military Order of the World Wars until his OF VETERANS AFFAIRS MED- SEC. 2. DESIGNATION OF CHARLIE NORWOOD DE- PARTMENT OF VETERANS AFFAIRS death. H.R. 1808 would name the Department ICAL CENTER MEDICAL CENTER. of Veterans Affairs Medical Center in Augusta, Mr. FILNER. Mr. Speaker, I move to (a) DESIGNATION.—The Department of Vet- erans Affairs Medical Center located at 1 Georgia, as the ‘‘Charlie Norwood Department suspend the rules and pass the bill Freedom Way in Augusta, Georgia, shall of Veterans Affairs Medical Center’’. (H.R. 1808) to designate the Depart- after the date of the enactment of this Act Naming a VA facility after this hero and ment of Veterans Affairs Medical Cen- be known and designated as the ‘‘Charlie strong veterans advocate is a proper honor for ter in Augusta, Georgia, as the ‘‘Char- Norwood Department of Veterans Affairs an honorable soldier. lie Norwood Department of Veterans Medical Center’’. Mr. Speaker, I reserve the balance of Affairs Medical Center’’. (b) REFERENCES.—Any reference in any my time. The Clerk read the title of the bill. law, regulation, map, document, record, or Mr. BOOZMAN. Mr. Speaker, H.R. other paper of the United States to the med- 1808, a bill to designate the VA Medical The text of the bill is as follows: ical center referred to in subsection (a) shall H.R. 1808 be considered to be a reference to the Charlie Center in Augusta, Georgia, as the Be it enacted by the Senate and House of Rep- Norwood Department of Veterans Affairs ‘‘Charlie Norwood Department of Vet- resentatives of the United States of America in Medical Center. erans Affairs Medical Center,’’ would Congress assembled, The SPEAKER pro tempore. Pursu- honor one of our colleagues who was SECTION 1. FINDINGS. ant to the rule, the gentleman from taken from us all too soon. Congress finds the following: California (Mr. FILNER) and the gen- Charles ‘‘Charlie’’ Whitlow Norwood, (1) Charlie Norwood volunteered for service tleman from Arkansas (Mr. BOOZMAN) Jr., was born on July 27, 1941. A Geor- in the United States Army Dental Corps in a each will control 20 minutes. gia native, Charlie Norwood attended time of war, providing dental and medical The Chair recognizes the gentleman Georgia Southern University in services in the Republic of Vietnam in 1968, Statesboro, Georgia, and Georgetown earning the Combat Medical Badge and two from California. awards of the Bronze Star. Mr. FILNER. Mr. Speaker, I yield University in Washington, and was a (2) Captain Norwood, under combat condi- myself such time as I may consume. dentist prior to serving in the House of tions, helped develop the Dental Corps oper- I’m going to allow the author of the Representatives. ating procedures, that are now standard, of legislation, Mr. KINGSTON, to go into Charlie Norwood served as a captain delivering dentists to forward-fire bases, and the career of our good friend Charlie in the United States Army from 1967 to providing dental treatment for military Norwood. 1969, beginning with an assignment in service dogs. I just want to say that we all loved the U.S. Army Dental Corps at Sandia (3) Captain Norwood provided dental, emer- him as a Member. I didn’t know he had Army Base in Albuquerque, New Mex- gency medical, and surgical care for United this incredible career in the United ico. States personnel, Vietnamese civilians, and prisoners-of-war. States Army in the dental corps, and I In 1968, he was transferred to the (4) Dr. Norwood provided military dental will let you go through that, but it was medical battalion of the 173rd Airborne care at Fort Gordon, Georgia, following his a very incredible story of his devotion Brigade in Vietnam, and served a com- service in Vietnam, then provided private- to our Nation. bat tour at Quin Yon, An Khe, and LZ

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27988 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 English at Bon Son. During his tour, he sophical point whatsoever, and that you don’t want to make that statement participated in experimental military was a double-edged sword. He was a Re- out there that you are going to help dental practices that are now standard publican’s Republican at times; but I anybody for anything. He said, No, I procedure for the Armed Forces. In rec- can say this, if it meant doing some- will, and that’s the way I feel. ognition of his service under combat thing he believed in, he would oppose People understood that about Charlie conditions, Norwood was awarded the the Republican Party. Norwood, that he was a fighter for Combat Medical Badge and two Bronze We all remember the Norwood-Din- them, he was a fighter for the cause, Stars. gell bill which Charlie championed and he literally did mean it. If I can After his discharge in 1969, he re- that was part of the patients’ bill of help you, I am going to do what I can mained a member of the American Le- rights, and that was a bill which was for you. gion, Veterans of Foreign Wars, and largely not supported by the Repub- I see we are about out of time on my the Military Order of the World Wars lican Party. And yet Charlie just half of the program here, but I want to until his death. charged away and said we’re going to state some facts for the RECORD about Mr. Speaker, Charlie Norwood served do this because it’s the right thing. Charlie. Mr. BOOZMAN has outlined a with us as a Member of Congress from And he earned the respect of both sides lot of the specifics of his military ca- January 4, 1995, until his untimely of the aisle by handling this. reer, but it is substantial. He was a death on February 13, 2007. During his I remember him relating a story to fighter over and over again for the vet- congressional career, Norwood worked me when the President of the United erans. Again, he would be with the Re- to pass a patients’ bill of rights aimed States called him and said, Charlie, publican Party or with the Democrat at giving people better access to health what can I do to get you to back off Party if it was in the best interests of care and greater ability to sue insur- this bill a little bit and give us some the veterans. That’s why it’s so good to ers, and spent his life supporting the flexibility? And I believe he said, Mr. have such strong bipartisan support for overall well-being of veterans. President, not a thing. But if you know this legislation today. He was quick to protect TRICARE Charlie and you know the President, We want to say, Charlie, we love you. benefits, and he cosponsored legisla- that conversation probably has been Gloria, and all the family, we certainly tion to address military survivor ben- cleaned up a little bit. But the whole love you as well and support you. It’s efit plan inequities and to improve time you could see both of them kid- going to be a proud day when we get military pay raises. He was a tireless ding back and forth because that was this building renamed. As a soldier, Charlie earned both the Com- advocate for our men and women in the nature of Charlie Norwood. I remember one time I used to rep- bat Medical badge and two Bronze stars while uniform and for our Nation’s veterans. he served in Vietnam. He helped develop the This legislation has the support of resent Emanuel County, and because of reapportionment, Charlie became the Dental Corps standard operating procedures the State veteran service organiza- Representative. I said, Charlie, now, of delivering dentists to forward-fire bases. He tions, as well as the entire Georgia del- you’re from Augusta. These folks are dutifully served and provided dental, emer- egation. In the Senate, a companion rural. I need to go up and introduce gency medical and surgical care for both U.S. bill has been introduced, S. 1026, which you. They’re not going to take to you personnel as well as Vietnamese civilians and has the cosponsorship of both of the easily. We were going to meet about prisoners-of-war. As a Congressman, he co- Georgia U.S. Senators. 7:30 in the morning in a local res- authored and helped pass into law the Keep Mr. Speaker, I support honoring this taurant, a little diner, the epitome of our Promises to America’s Military Retirees distinguished American by naming the what you always see on TV. And I got Act and was also a key Member in passing VA facility in Augusta, Georgia, the there just a few minutes late, and I the Retired Pay Restoration Act. Year after Charlie Norwood Department of Vet- thought, oh, man, Charlie has been sur- year, he defeated attempts to reduce Federal erans Affairs Medical Center. To honor rounded by these farmers for a while support for the Augusta VA Center and helped our deceased friend and colleague in now and I’ve embarrassed him by com- maintain and increase funding for the center. this manner is a tribute to his love of ing late and they’re looking at this Au- He received the Cocklin Award from the Asso- Nation and his contributions to our gusta city slicker whom they’ve never ciation of the U.S. Army in 1998. military and veteran community and met before. Over the past few months, we have re- as a Member of Congress. I walked in and it was like inter- ceived letters from several veterans organiza- Mr. Speaker, I reserve the balance of rupting somebody else’s family re- tions in support of this legislation. Here is a my time. union. Charlie was sitting at a table sample of what some of them had to say: Mr. FILNER. Mr. Speaker, I reserve surrounded by farmers, surrounded by ‘‘We support this bill as Congressman Nor- the balance of my time. rural folks, while Charlie spun one wood spent his life supporting the overall well Mr. BOOZMAN. Mr. Speaker, I yield 3 yarn after another about what was being of veterans’’—Georgia Department of minutes to the gentleman from Geor- wrong in Washington, DC. They loved Veterans gia (Mr. KINGSTON). him, and I hardly even got a place at ‘‘He was a member of the Augusta MOAA Mr. KINGSTON. I thank the gen- the table, sort of nodded my head and chapter and he would attend meetings unan- tleman from Arkansas. I thank the said, Charlie, you take it from here and nounced to make sure he stayed in touch with gentleman from California for your said to my former constituents, ‘‘You Georgia veterans. He was always quick to support of this legislation and your guys are in very, very good hands.’’ protect TRICARE benefits, and he co-spon- kind words about Charlie Norwood. I remember one commercial that sored legislation to fix the military Survivor This bill, Charlie would really ap- Charlie had, and I had been elected the Benefit plan inequities, and improving military prove of it because it has three things term before Charlie. So I had a little pay raises’’—Georgia Military Officers Asso- that Charlie loved dearly. He loved vet- bit to say here and there and Charlie ciation of America erans; he loved Augusta, Georgia; and had actually never been in elected of- ‘‘Designating the Augusta VA after Charlie he loved medicine and doctors giving fice. Many of us had served in the Geor- Norwood is the most appropriate act for a medicine and taking care of patients. gia General Assembly together, and great Congressman and a grateful commu- Probably the only things he loved more Charlie ran an ad that said, I’m going nity’’—The American Legion, Department of were his Lord and Savior, Jesus Christ; to do what I can for you. I’m going to Georgia (Note: He was a life member of the his wife, Gloria, and their family; and, try to do my best, but I’ll tell you this, Georgia chapter) indeed, the United States of America. if you’re from the 10th District of Geor- ‘‘Renaming the Department of VA in mem- Charlie was a happy warrior. We all gia, I don’t care who you are, I’m going ory of Congressman Norwood would be very know Charlie. And whether you agreed to do anything I can to help you. fitting and greatly appreciated’’—Veterans of with him or disagreed with him, he al- Foreign Wars, Department of Georgia ways smiled, and he always expected b 1300 ‘‘Speaking with the veterans in Augusta, you you to push back. He never would re- I said in my sage way, Charlie, now, can tell that most of them do not want to for- sent your opposition to any philo- look, if somebody has broken the law, get the great things that he has done for all

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00027 Fmt 0688 Sfmt 9920 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 27989 veterans. As a native of Augusta, Congress- but Charlie was a native son of Geor- Congressman Norwood was a strong man Norwood would always be remembered gia, growing up in Valdosta. He grad- advocate for veterans. He was a vet- by renaming the VAMC located there.’’— uated from Georgia Southern Univer- eran himself. He was very active in AmVets, Department of Georgia sity in Statesboro. After earning his health care issues and veterans health Former Congressman Charles Taylor: ‘‘I doctorate in dentistry from George- care issues on the House floor. This is know the many Veterans who received care town University, Charlie went on to a fitting tribute to his service in the through Charlie’s many efforts would like to serve as a captain in the United States Congress and his service to the country say thank you. He often reminded us, ‘we are Army from 1967 to 1969. During this when he was in the military and served in fact defending our nation’s future’ by show- time he served in Vietnam. so nobly and ably in Vietnam. ing young people the ‘level of importance we He practiced experimental military I rise in strong support and hope we place on military service’’’. dental practice that’s now standard op- get unanimous support for this bill at Former Congressman Bob Beauprez: erating military procedure for the the appropriate time. ‘‘Charlie epitomized the phrase ‘servant lead- Armed Forces. He was one of the first I have had the pleasure of working with er’. He went about his work daily without dentists to operate in the active com- many great men and women in my 22 years thought of himself, building a legacy, or at- bat zone in Vietnam. in the House, and I can say with all honesty tracting notoriety. Headlines he did not seek, In recognition for his service in Viet- that Charlie Norwood was one of the best. I and even in his battle with the disease that fi- nam, Charlie was awarded the Combat knew Charlie well, both as an outspoken nally took him from us, sympathy was never Medical Badge and two Bronze Stars. member of the Energy and Commerce Com- his objective. He could make a decision and After Vietnam, Charlie was assigned to mittee and a good friend. His devotion to peo- he could argue passionately for a cause, but the dental corps at Fort Gordon, the ple of the Tenth District of Georgia was unde- he also was one of the most caring, forgiving, Army base just outside of Augusta, and niable, as was his passion for improving this decent, humble Christian men I ever met.’’ from then on, Charlie, Gloria and his country’s healthcare and the lives of its vet- President Bush: ‘‘Charlie was a good friend family made their home in Augusta, erans. and a strong, spirited legislator who always Georgia. Charlie Norwood’s service to his country In 1994, Charlie became the first Re- stuck to his principles, remembering that his began long before his election to the House of publican to represent Georgia’s 10th duty was to represent the best interests of the Representatives. Charlie volunteered to serve Congressional District since recon- citizens of his district.’’ in the United States Dental Corp during the struction. This landmark election gave From the New York Times obituaries: ‘‘A Vietnam War. Captain Norwood provided den- us a leader who tirelessly fought for feisty conservative who railed against govern- tal, emergency medical, and surgical care for immigration reform, including the ment bureaucracy, Mr. Norwood was part of United States personnel, Vietnamese civilians, Clear Act to eliminate sanctuary cit- the Republican wave that took control of Con- and prisoners-of-war. The Dental Corp oper- ies, and the patients’ bill of rights. I gress in 1994. Mr. Norwood prided himself on ating procedures that he helped develop while will never forget that. I was practicing serving his northeast Georgia district, pro- in combat conditions have now become stand- medicine in Marietta, Georgia, when moting his success in cutting through federal Charlie brought forth that bill about 10 ard. Upon returning stateside, Charlie settled in regulations a decade ago to allow a con- years ago and did such a great job with the Augusta area and set up a private dental stituent to bring home a stuffed polar bear the reining in managed care. He is always man had killed on a hunting trip in Canada.’’ for smaller, fiscally conservative gov- practice serving local residents as well as pro- Mr. FILNER. Mr. Speaker, I reserve ernment. viding care for military personnel, retirees, and the balance of my time. During this time, Charlie never for- dependents under Department of Defense pro- Mr. BOOZMAN, if you need more time, got his fellow veterans. He remained an grams and for low-income patients under we will be happy to yield to you. active member of the American Le- Georgia Medicaid. His work on behalf of vet- Mr. BOOZMAN. Thank you, Mr. gion, the Veterans of Foreign Wars and erans and military personnel continued Chairman. the Military Order of the World Wars. throughout his twelve years in the House of Mr. Speaker, I yield 3 minutes to the And throughout the BRAC process, Representatives. gentleman Georgia (Mr. GINGREY). Charlie’s constituents in Augusta could Throughout his congressional service from Mr. GINGREY. I thank the gen- rest easy knowing that Charlie was 1995 to 2007, Congressman Norwood repeat- tleman for yielding. there fighting for Fort Gordon and the edly defeated attempts to reduce Federal sup- I thank Chairman FILNER and Rank- Augusta area Veterans Affairs Medical port for the Department of Veterans Affairs ing Member BUYER, and certainly my Center. Medical Center in Augusta, Georgia. I think it colleague, the author of the bill, Con- Charlie Norwood was a strong Amer- only appropriate that we gather here today to gressman KINGSTON from Savannah. ican who spent his life fighting for his honor the memory of this great man by plac- I want to tell the Congressman that country, both at home and abroad. For ing his name on the institution that he fought there are no city slickers in Augusta, this reason I can think of no one more so hard for. I cannot think of a more fitting trib- Georgia. I am an Augusta native. There fitting after which to name the Depart- ute to Congressman Charlie Norwood. are probably not any in Savannah ei- ment of Veterans Affairs Medical Cen- Mr. BOOZMAN. Mr. Speaker, how ther. Maybe they are all in the Atlanta ter in Augusta. much time do we have? area. I urge all my colleagues to remember The SPEAKER pro tempore (Mr. Mr. Speaker, I do rise today in strong the selfless sacrifice of Charlie Nor- CAPUANO). The gentleman from Arkan- support of H.R. 1808 to designate De- wood to America, his deep love for our sas has 81⁄2 minutes, and the gentleman partment of Veterans Affairs Medical Nation, by voting in favor of H.R. 1808. from California has 19 minutes. Center in Augusta, Georgia, my home- Mr. BOOZMAN. Mr. Speaker, I yield 1 Mr. BOOZMAN. Mr. Speaker, I yield 1 town, as the Charlie Norwood Depart- minute to the gentleman from Texas minute to the gentleman from Georgia ment of Veterans Affairs Medical Cen- (Mr. BARTON). (Mr. PRICE). ter. Mr. BARTON of Texas. Mr. Speaker, Mr. PRICE of Georgia. I thank my I am proud to stand here today as an I rise in strong support of H.R. 1808. I colleague for yielding. I am so pleased original cosponsor of the bill, not just am proud to be the first non-Georgian to join my colleagues in support of this because Charlie Norwood was a great sponsor of the bill after the entire resolution. American who loved his country and Georgia delegation. Mr. Speaker, Charlie Norwood, Con- found any way he could to serve, but I knew Congressman Norwood very gressman Norwood, was a dear friend also because I had the honor and privi- well. He was one of my very best to me, and he was a friend to this body. lege to serve with him, to personally friends in the House. I can think of no It’s wonderful that we have this oppor- know Charlie and to count him as one better tribute than to name the Vet- tunity to recognize and honor him here of my close friends. erans Affairs Center at One Freedom today and forever with the commemo- Charlie, as has already been said, I Way in Augusta the Charlie Norwood ration and renaming of this veterans am just proud to repeat a lot of this, Medical Center. facility.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27990 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 Congressman Norwood spent his en- think of anything more appropriate than to Mr. BOOZMAN. Mr. Speaker, I yield tire life helping others. After serving name the Augusta VA Medical Center after 11⁄2 minutes to the gentleman from valiantly in defense of our Nation in Charlie. Georgia (Mr. LINDER). Vietnam, he returned home to serve his Before serving in the House of Representa- Mr. LINDER. I thank the gentleman community in Augusta, Georgia, as a tives, Charlie volunteered for the Army, serv- for yielding. dentist. For 12 years he was a faithful ing in the Army Dental Corps. In Vietnam, he Mr. Speaker, I was a friend of Char- servant to the people of Georgia as a served bravely as an Army captain under lie’s for over 30 years. We met in the Member of Congress, and all of this combat conditions, providing dental and emer- early 1970s when he was the president service, with his wife, Gloria, close by gency care to American soldiers, civilians, and of the Georgia Dental Association and his side, indispensably. prisoners of war. For his distinguished service, I was a practicing dentist and a young In Congress, Charlie Norwood was a he was awarded the Combat Medical Badge State legislator. passionate supporter of our military and two Bronze Stars. After returning from Charlie never ever was in neutral, and our veterans, and he never forgot Vietnam, Charlie continued to serve in the and he rarely ever backed up. It was for whom he was to work in Wash- Army Dental Corps at Fort Gordon in Augusta, full go ahead. The great story about ington, his constituents. His leadership GA. When he was discharged in 1969, he him in the Army was he changed the on veterans issues and a broader con- began his dental practice in Augusta. way they were doing business, moving servative vision for America are deeply I have enormous respect for Charlie Nor- dentists to forward-fire bases. His com- missed. Anyone who knew Charlie wood. I knew Charlie when he was first elect- mander called him and said, I want a knew that he was as tough as they ed to Congress in 1994. Throughout his 12 daily report of what you are doing come, and he always stood on principle. years in Congress, he was a tireless advocate there that is out of the ordinary. Char- His legacy in the House of Represent- for veterans, for the district, and for the entire lie said to him, Well, I have got a chair atives will be one of integrity, vigor State of Georgia. He championed the Patients’ here. You come down here and set your and loyalty. It’s fitting that we memo- Bill of Rights, worked to reform health care for own butt on it and write your own re- rialize his life with this tribute today. veterans, and fought to secure our borders. port. I just don’t have time. The colo- Thank you, Charlie. Charlie and I shared the love of outdoors, of nel did come down, and they changed Mr. BOOZMAN. Mr. Speaker, I yield hunting, and fishing. When I was an active the entire way the Army did business member of the Safari club, I used to come to because of Charlie’s ideas. 11⁄2 minutes to the gentleman from When he got involved shortly there- Georgia (Mr. BROUN). Washington to lobby for hunters’ rights and after in the Georgia Dental Associa- Mr. BROUN of Georgia. I thank the gun owners’ rights, and Charlie was always tion, he did the same thing. He just gentleman for yielding. very supportive and helpful. I’ve always ad- took charge and became president. He Mr. Speaker, Congressman Charlie mired his unwavering commitment to his prin- traveled all over the State of Georgia Norwood was a man of integrity and ciples. Throughout Charlie’s illness, I prayed fighting for important things for pa- conviction who made immeasurable that God would heal him. However, it seems tients’ welfare. His campaign in 1994 contributions to this Nation. that God had a different plan. His passing was was a joy to watch, just a joy to watch, I knew Charlie when he was first a great loss to us all. yard signs everywhere and him moving elected to Congress in 1994. He was a I hope that dedicating this facility will be a as fast as he could from one house to tireless advocate for veterans, for this comfort to the Norwood family for all that they have been through. I have tremendous appre- the next, from one hand to the next. He district, and for the entire State of ciation for Charlie’s wife, Gloria, for the un- was just a remarkably good cam- Georgia. Charlie and I shared the love wavering support that she gave to Charlie. paigner. of hunting and fishing. When I was an Without her help, he could not have accom- Then he came here and he introduced active member of the safari club, I used plished so many wonderful things and touched a very important bill. I didn’t agree to come to Washington to lobby for so many people’s lives. with him on the bill, but he didn’t slow hunters’ rights and gun owners’ rights. Charlie truly cared about people. He gave a down at all. Charlie was always very supportive and lifetime of public service to the people of this The fact that the House and the Sen- very helpful. nation. After giving so much to his country, it ate did not sign the patients’ bill of I have enormous respect for his un- is only fitting that we honor Charlie today by rights did not mean it wasn’t impor- wavering commitment to his prin- naming the VA Medical Center in Augusta tant. The changes it brought in the re- ciples. Throughout Charlie’s illness, I after him. lationships between HMOs and patients prayed that God would heal him. His Mr. BOOZMAN. Mr. Speaker, I yield 1 are there today because of the pressure passing was a great loss to us all. I minute to the gentleman from Georgia of that legislation and will be there hope that dedicating this facility will (Mr. DEAL). forever. Charlie was a remarkable be a comfort to the Norwood family Mr. DEAL of Georgia. Mr. Speaker, I human being and one whom I have and for all that they have been thank the gentleman for yielding. You loved for a very long time and will through. have already heard the accolades about miss. I have tremendous appreciation for Charlie’s service as a decorated dentist Mr. BOOZMAN. Mr. Speaker, I yield 1 Charlie’s wife, Gloria, for the unwaver- in the Vietnam era and in Vietnam, in minute to the gentleman from Georgia ing support that she gave to Charlie. country. (Mr. WESTMORELAND). Without her help he could not have ac- I didn’t know Charlie until he came Mr. WESTMORELAND. I want to complished so many wonderful things to Congress, but he and I became very thank the gentleman for yielding. and touched so many people’s lives. close friends. We worked together on Mr. Speaker, it is a great honor that Charlie gave a lifetime of public serv- the Energy and Commerce Committee. I stand up and ask for the support on ice to the people of this Nation. After He was always dedicated to the things the renaming of this veterans center in giving so much to his country, it is that he thought was for the best, espe- Augusta for Congressman Charlie Nor- only fitting that we honor Charlie cially for our veterans, for those who wood. today by naming this medical center serve their country and who had sac- I told Charlie one time, I said, Char- after him. rificed for our country. lie, you are my foxhole buddy. And he Mr. Speaker, I rise today to join my fellow He was always somebody that you said, What do you mean by that? I said, colleagues in strong support of H.R. 1808, To knew exactly where he stood, and he Well, I know that you are going to designate the Department of Veterans Affairs wasn’t always partisan in where he keep my back covered and that you are Medical Center in Augusta, Georgia, as the stood. He simply took positions based going to be with me if you tell me that ‘‘Charlie Norwood Department of Veterans’’ on what he thought was right. In the you are with me until I get out of the Affairs Medical Center.’’ words of Charlie Norwood, I would foxhole or until they drag our dead Congressman Charlie Norwood was a man thank the gentleman who introduced bodies out. of integrity and conviction, who made immeas- this resolution, and, as Charlie would That’s the kind of guy he was. If he urable contributions to this nation, and I can’t say, ‘‘you done good.’’ told you that he was with you, then he

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.000 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 27991 was with you. That’s the type of thing That is an appropriate metaphor for Char- and I can say with all honesty that Charlie that he exerted towards the veterans of lie’s career in the U.S. House. As a Member Norwood was one of the best. I knew Charlie this country is that he was with the who served his constituents passionately dur- well, both as an outspoken member of the En- veterans. I don’t think there could be ing more than 12 years of service, he dedi- ergy and Commerce Committee and a good any greater honor on that veterans cated his government service to ensuring ac- friend. His devotion to people of the Tenth building in Augusta than Charlie Nor- cess to quality healthcare for every American, District of Georgia was undeniable, as was his wood’s name, to let the veterans know and for guaranteeing veterans the benefits passion for improving this country’s healthcare and understand that he has always and respect that they deserve. and the lives of its veterans. been with them, that he went through We all miss Charlie. But even though he is Charlie Norwood’s service to his country many adversities with his health, a no longer with us, the good doctor’s passion began long before his election to the House of long time of trying to get over an ill- and dedication to American veterans is not Representatives. Charlie volunteered to serve ness. forgotten. This legislation is a true memorial to in the United States Dental Corps during the They may be up for some of the his service, and I urge my colleagues to sup- Vietnam War. Captain Norwood provided den- things, but Charlie Norwood was al- port it. tal, emergency medical, and surgical care for ways there for them. I just think it’s a Mr. BUYER. Mr. Speaker, I rise today in United States personnel, Vietnamese civilians, great honor that this body has voted, support of H.R. 1808, a bill to designate the and prisoners-of-war. The Dental Corps oper- and I hope will continue to vote, to VA Medical Center in Augusta, Georgia as the ating procedures that he helped develop while make that the Charlie Norwood Vet- ‘‘Charlie Norwood Department of Veterans Af- in combat conditions have now become stand- erans Administration Medical Center. fairs Medical Center’’ which would honor one ard. Mr. BOOZMAN. Mr. Speaker, in clos- of our colleagues and one of my close friends Upon returning stateside, Charlie settled in ing, again, we have all heard what a who passed away this Congress. the Augusta area and set up a private dental great asset Charlie Norwood was to Charlie Norwood was born on July 27, 1941 practice serving local residents as well as pro- this body, not only in helping us as and attended both Georgia Southern Univer- viding care for military personnel, retirees, and Members, but in the many, many ways sity in Statesboro, Georgia and Georgetown dependents under Department of Defense pro- that he served his country. University in Washington, DC. I have a close grams and for low-income patients under He and his wife, Gloria, also served affinity to Charlie who was a dentist, like many Georgia Medicaid. His work on behalf of vet- us in the way of helping junior Mem- in my family, prior to serving in the House of erans and military personnel continued bers’ wives as they came on board, my Representatives. throughout his twelve years in the House of wife, in particular. Again, we are very, Charlie Norwood served as a Captain in the Representatives. very grateful to his service. I can’t United States Army from 1967 to 1969. He Throughout his congressional service from think of a more fitting honor than the began his Army career with an assignment to 1995 to 2007, Congressman Norwood repeat- honor of naming this building. the U.S. Army Dental Corps at Sandia Army Mr. Speaker, I yield back the balance edly defeated attempts to reduce Federal sup- Base in Albuquerque, New Mexico, and in of my time. port for the Department of Veterans Affairs 1968, was transferred to the Medical Battalion Medical Center in Augusta, Georgia. I think it GENERAL LEAVE of the 173rd Airborne Brigade in Vietnam. He only appropriate that we gather here today to Mr. FILNER. Mr. Speaker, I ask served a combat tour at Quin Yon, An Khe, honor the memory of this great man by plac- unanimous consent that all Members and LZ English at Bon Son. During his tour of ing his name on the institution that he fought have 5 legislative days in which to re- duty, he participated in experimental military so hard for. I cannot think of a more fitting trib- vise and extend their remarks and in- dental practices that are now standard proce- ute to Congressman Charlie Norwood. clude extraneous material on H.R. 1808. The SPEAKER pro tempore. Is there dure for the Armed Forces. In recognition of Mr. WILSON of South Carolina. Mr. Speak- objection to the request of the gen- his service under combat conditions, Norwood er, I wish to take this opportunity to remember tleman from California? was awarded the Combat Medical Badge and a friend and colleague; Charlie Norwood, and There was no objection. two Bronze Stars. After his discharge in 1969, to support H.R. 1808, a bill to designate the Mr. FILNER. Mr. Speaker, I just he remained a member of the American Le- Department of Veterans Affairs Medical Center heard from Charlie, and he said, in his gion, the Veterans of Foreign Wars, and the in Augusta, Georgia, as the ‘‘Charlie Norwood typical way, I wish all those guys say- Military Order of the World Wars until his Department of Veterans Affairs Medical Cen- ing such nice things about me would death. ter’’. have voted for my patients’ bill of Mr. Speaker, Charlie Norwood served with Charlie dedicated his life to medicine and rights. us as a Member of Congress from January 4, public service—as a captain in the Army as- But naming a VA facility after this 1995 until his untimely death on February 13, signed to the Army Dental Corps during Viet- hero and a strong veterans advocate is 2007. During his Congressional career, as a nam, a dentist in private practice, and as a certainly a proper honor for an honor- Member of the Energy and Commerce Com- Member of Congress. During his 12 years in able soldier and for a Congressman we mittee, Charlie Norwood worked to pass a pa- the House of Representatives, Charlie fought all loved. tients’ bill of rights, aimed at giving people bet- hard for conservative values, the military and Mrs. BLACKBURN. Mr. Speaker, I rise in ter access to health care, and spent his life our veterans, and remained dedicated to see- strong support of H.R. 1808, legislation to VA supporting the overall well-being of veterans. ing a patients’ bill of rights passed into law. Al- Medical Center in Augusta, GA as the ‘‘Charlie Serving as a Member of the National Guard though this dream of his has not yet become Norwood Department of Veterans Affairs Med- and Reserve Caucus, which I co-chair, he was a reality, it is all too fitting that we name the ical Center.’’ a tireless guardian of our military and worked VA Medical Center in Augusta, Georgia, after Simply put, there is no more fitting vehicle hard to protect TRICARE benefits, co-spon- one of that state’s favorite sons. to pay tribute and honor our friend and former sored legislation to address military Survivor Our military veterans had no stronger advo- colleague, Representative Charlie Norwood. Benefit Plan inequities, and worked to get pay cate in Congress than Charlie, and with the As many of my colleagues have so elo- raises for our military members. passage of this bill, we will be honoring that quently noted, Dr. Norwood was first and fore- Mr. Speaker, honoring his hard work, and legacy. Additionally, I want to thank his wife most a friend of the American veteran. Having dedication to the military and our nation’s vet- Gloria for her loving support and her service served in wartime conditions in the Republic of erans, as well as his love of nation by naming as First Lady of Georgia’s Tenth Congres- Vietnam in 1968, Captain Norwood helped de- the VA Medical Center in Augusta, Georgia sional District. velop the Army Dental Corps operating proce- the ‘‘Charlie Norwood Department of Veterans As an original co-sponsor of H.R. 1808, a dures that is now the standard for delivering Affairs Medical Center’’ is a fitting tribute to fellow veteran, a friend, and an admirer of dentists to forward-fire bases. our late colleague and friend. Charlie Norwood, I want to thank Representa- In so doing, Captain Norwood provided Mr. Speaker, I urge the full support of my tive JACK KINGSTON for introducing this legisla- quality dental care to his fellow combat serv- colleagues on this legislation. tion, and I look forward to its passage. icemen, and established standard practice that Mr. BARTON of Texas. Mr. Speaker, I have Mr. STEARNS. Mr. Speaker, I rise today to continued to benefit servicemen long after he had the pleasure of working with many great support H.R. 1808, to name the VA Medical left the Army. men and women in my 22 years in the House, Center in Augusta, Georgia after my good

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00030 Fmt 0688 Sfmt 9920 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27992 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 friend and colleague, Charlie Norwood. I proceedings on this motion will be Milo served in one of the best trained served with Representative Norwood for 12 postponed. units in the U.S. Army, the elite 551st years here in Congress, and was honored to f Parachute Infantry Battalion. It was a work alongside him. This principled man did unit where courage was common. Yet b 1315 not hesitate to stand up for his conservative even in this company, Milo distin- principles, even if it meant criticizing his party. MILO C. HUEMPFNER DEPART- guished himself. Charlie was an intelligent and respected MENT OF VETERANS AFFAIRS Milo Huempfner was literally a one- man, both in this House and in his hometown OUTPATIENT CLINIC man army. For 2 days in December of that he ably served. He was an amiable man Mr. FILNER. Mr. Speaker, I move to 1944, Milo Huempfner was literally a full of a love for life and with a wisdom that he suspend the rules and pass the bill one-man army. He singlehandedly had earned through experience. I was never (H.R. 2408) to designate the Depart- waged war against a German tank col- surprised when in Committee he would com- ment of Veterans Affairs outpatient umn in Belgium during the Battle of ment on an issue with particular insight and clinic in Green Bay, Wisconsin, as the the Bulge. concern for the complexities involved. ‘‘Milo C. Huempfner Department of In that chaotic battle, Milo and a It is fitting that a VA Medical Center be Veterans Affairs Outpatient Clinic’’. colleague were separated from their named after this courageous man, especially The Clerk read the title of the bill. convoy with a truckload of ammuni- since he himself had served our country with The text of the bill is as follows: tion. They were near the Belgian town distinction in the Armed Forces. Representa- H.R. 2408 of Leignon when their truck slid off the road into a ditch. Milo was left behind tive Norwood served as a Captain in the Be it enacted by the Senate and House of Rep- United States Army from 1967 to 1969, begin- resentatives of the United States of America in to guard the truck until a tow truck ning with an assignment to the U.S. Army Congress assembled, could return. He had instructions to Dental Corps at Sandia Army Base in Albu- SECTION 1. NAME OF DEPARTMENT OF VET- destroy it if the Germans arrived. He querque, New Mexico. In 1968, he was trans- ERANS AFFAIRS OUTPATIENT CLIN- turned down opportunities to leave. ferred to the Medical Battalion of the 173rd IC, GREEN BAY, WISCONSIN. When he heard an armed column of Airborne Brigade in Vietnam, and served a The Department of Veterans Affairs out- Panzer tanks approaching, he burned combat tour at Quin Yon, An Khe, and LZ patient clinic in Green Bay, Wisconsin, shall the truck and retreated into the local after the date of the enactment of this Act city. Over the course of the next 2 days English at Bon Son. During his tour, he partici- be known and designated as the ‘‘Milo C. pated in experimental military dental practices Huempfner Department of Veterans Affairs and 2 nights, Milo waged a one-man that are now standard procedure for the Outpatient Clinic’’. Any reference to such battle, a one-man guerrilla war against armed forces. Charlie Norwood was one of the medical center in any law, regulation, map, the town’s Nazi occupiers. He de- first participants in the Army’s outreach pro- document, record, or other paper of the stroyed tanks; he destroyed trucks. He gram that delivered dentists to forward United States shall be considered to be a ref- stormed the machine gun positions and firebases, instead of the previous practice of erence to the Milo C. Huempfner Department engaged in hand-to-hand fighting with transferring patients to rear treatment areas. of Veterans Affairs Outpatient Clinic. enemy troops. Interestingly, he also provided some of the The SPEAKER pro tempore. Pursu- When he was not protecting towns- first field-based dental treatment of military ant to the rule, the gentleman from people of Leignon, Milo would sneak guard dogs, and assisted in non-dental trauma California (Mr. FILNER) and the gen- out of town to warn approaching care in Mobile Army Surgical Hospitals. tleman from Arkansas (Mr. BOOZMAN) troops, allied troops, that the enemy In recognition of his service under combat each will control 20 minutes. was nearby. He saved many American conditions, Representative Norwood was The Chair recognizes the gentleman soldiers’ lives. awarded the Combat Medical Badge and two from California. One evening, a freezing evening, the Bronze Stars. After Vietnam, Charlie was as- Mr. FILNER. Mr. Speaker, I yield to townspeople came to him and asked if signed to the Dental Corps at Fort Gordon, my distinguished colleague from Wis- he would go to church and protect Georgia, where he served until his discharge consin (Mr. KAGEN) to speak about the them. The people wanted to go to in 1969. He remained a member of the Amer- bill which he has authored to name the church and he could not understand ican Legion, the Veterans of Foreign Wars, outpatient clinic in Green Bay, Wis- why. Well, it happened to be Christmas and the Military Order of the WorId Wars until consin, after this great hero. Eve, they reminded him. And he stood his recent tragic death. Mr. KAGEN. Mr. Speaker, thank you outside armed only with a pistol to I was honored to serve with this effective for this opportunity to speak in sup- protect them on Christmas Eve. As the Representative from the 10th district of Geor- port of H.R. 2408, a bill to name the De- people of Leignon celebrated, he stood gia, was strengthened to draw from this intel- partment of Veterans Affairs commu- guard as he stands guard now. On ligent individual’s wealth of knowledge and in- nity-based outpatient clinic in Green Christmas morning, Milo received his sight, and have been blessed to know this vi- Bay for Milo C. Huempfner, Brown present when allied forces began their brant and caring man, Charlie Norwood, as a County, Wisconsin’s most highly deco- counterattack and surrounded the friend. I support honoring his memory by this rated veteran of World War II, recipi- town. Milo didn’t stop. He sprang into designation, and urge my colleagues to join ent of the Distinguished Service Cross, action against a German artillery hid- me in support of this bill. second only to the Medal of Honor, the den in a barn, and 18 Nazis surrendered Mr. FILNER. Mr. Speaker, I have no Bronze Star, and numerous other com- to him. When Milo finally met the al- future requests for time, and I yield mendations. lied troops, they almost mistook him back the balance of my time. Having cared for thousands of vet- for a German spy. They couldn’t be- The SPEAKER pro tempore. The erans as their physician, and now as lieve that a single soldier could hold question is on the motion offered by their elected Representative, I would them off from this town and couldn’t the gentleman from California (Mr. also like to thank the members of the understand how a single American sol- FILNER) that the House suspend the leadership and the members of the Vet- dier could bring so many enemy troops rules and pass the bill, H.R. 1808. erans’ Affairs Committee who worked into being captives. The question was taken. hard to bring this legislation to the For these deeds, Private Huempfner The SPEAKER pro tempore. In the floor today, especially Chairman FIL- was awarded the Distinguished Service opinion of the Chair, two-thirds being NER. Thank you. And thank you as well Cross. The after-action report on Pri- in the affirmative, the ayes have it. to Ambassador Mark Green for begin- vate Huempfner’s deeds ends with these Mr. FILNER. Mr. Speaker, on that I ning this good work. words, and I quote: ‘‘His gallantry, in- demand the yeas and nays. We need to remember Milo C. trepidity and extraordinary heroism The yeas and nays were ordered. Huempfner. He was a hero. His bravery, while operating within the very limits The SPEAKER pro tempore. Pursu- his dedication to others and his self- of the German units, without being or- ant to clause 8 of rule XX and the lessness to serve is a beacon to guide dered to do so, and when withdrawal Chair’s prior announcement, further all of us today. could have been accomplished with

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 27993 honor and safety, reflect the highest First Class Huempfner. After over 72 On December 20, 1944, in Belgium, PFC standards and ideal of the military hours on his feet, under constant Huempfner was driving a truck loaded with service and favorably demonstrated to threat and harassment from enemy ammunition that went off the road. Sending his the citizens of Leignon the courage and forces, Private First Class Huempfner only comrade back to seek help and safety, daring of the American soldier.’’ retired to a household he had earlier Huempfner proceeded over the next 4 days After the war, Milo Huempfner pre- defended. and nights to wage war, single-handedly, ferred not to talk about his experi- For all of these accomplishments he against an entire German armored column. ences. This was common for many sol- was awarded the Distinguished Service During this time, he warned off numerous diers in World War II. His own children Cross in 1973. After the war, Private American and British troops from the area who did not know any of what I just spoke First Class Huempfner attended the fu- otherwise would have been slaughtered by the about until his funeral, when Milo’s nerals of as many veteran comrades as Germans occupying the area. comrades stepped forward to speak of possible. Reports indicate that he par- After his military service he remained heav- their cherished comrade. ticipated in the burial of some 900 fel- ily involved in veterans activities. Despite his silence, Milo remained a low comrades in arms over the years H.R. 2408 would name the Department of committed patriot and dedicated to the since World War II, attending in full Veterans Affairs Outpatient Clinic in Green men he served. Over the years between dress uniform, honoring their service Bay, Wisconsin, as the ‘‘Milo C. Huempfner the war and his passing in 1985, Milo and repeatedly demonstrating his love Department of Veterans Affairs Outpatient attended the funerals of over 900 vet- for our Nation by showing the brave Clinic’’. erans in Brown County, Wisconsin. He veterans of Brown County the dignity Given his unselfish service to his country, it used his dress uniform so frequently and respect that they had earned. He is only fitting that we name a Veterans Affairs that he wore it out. As a mark of re- continued attending these funerals Outpatient Clinic in his honor. spect and thanks, local veterans orga- until a week before his death in Octo- Mr. Speaker, I thank my colleague of Wis- nizations paid to have it restored. ber 1985. consin, STEVE KAGEN, for introducing this bill Mr. Speaker, I support honoring this By naming this temporary commu- and I urge the support of my colleagues. nity outpatient clinic building in brave American veteran by naming Mr. Speaker, I yield back the balance Green Bay after Milo Huempfner, we this facility the Milo C. Huempfner De- of my time. partment of Veterans Affairs Out- are paying respect to one of Wiscon- The SPEAKER pro tempore. The patient Clinic. It is a fine tribute to a sin’s great heroes. question is on the motion offered by true patriot and true hero. I would like to thank Milo the gentleman from California (Mr. Huempfner’s children, Jackie, Wayne, Mr. Speaker, I yield back the balance of my time. FILNER) that the House suspend the Geri and Milo, for their help and also rules and pass the bill, H.R. 2408. GENERAL LEAVE his friend, Bernard Depry of Green Bay, The question was taken; and (two- Mr. FILNER. Mr. Speaker, I again who brought this request to my atten- thirds being in the affirmative) the ask unanimous consent that all Mem- tion and worked tirelessly over the rules were suspended and the bill was bers may have 5 legislative days in years to make this a reality. passed. I encourage my colleagues to support which to revise and extend their re- marks and include extraneous material A motion to reconsider was laid on H.R. 2408. We are recognizing the deeds the table. of a brave and noble man. on H.R. 2408. f Mr. BOOZMAN. Mr. Speaker, H.R. The SPEAKER pro tempore. Is there 2408, a bill to designate the VA out- objection to the request of the gen- CONDEMNING THE ACTIONS OF patient clinic in Green Bay, Wisconsin tleman from California? SEPTEMBER 7, 2007, RESULTING There was no objection. IN DAMAGE TO THE VIETNAM as the Milo Huempfner Department of Mr. FILNER. I want to thank Mr. Veterans Affairs Outpatient Clinic VETERANS WAR MEMORIAL KAGEN for bringing this story and his- would honor an individual whose de- tory of a brave American and a great Mr. FILNER. Mr. Speaker, I move to meanor during combat in World War II hero for Wisconsin. I wish your guys suspend the rules and agree to the reso- exemplifies the concept of the army of from Green Bay, whether they be quar- lution (H. Res. 680) condemning the ac- one. terbacks or heroes, would have names tions of September 7, 2007, resulting in In 1944, Private First Class we could pronounce. But we thank you damage to the Vietnam Veterans War Huempfner was stranded in the small for telling us the story of Milo Memorial. Belgian village of Leignon after his Huempfner, and we look forward to the The Clerk read the title of the resolu- truck was separated from its convoy naming of the facility in Green Bay tion. and slid off the road. While in hiding in after him. The text of the resolution is as fol- Leignon, Private First Class Mr. Speaker, the Distinguished Service lows: Huempfner found that the village had Cross (DSC) was established in 1918 by H. RES. 680 been overrun by German troops. He President Woodrow Wilson. It is the second Whereas the Vietnam Veterans Memorial proceeded, over the next 4 days and highest military decoration of the United States serves as a memorial to the 2,700,000 men and nights, to singlehandedly wage war Army and surpassed only by the Medal of women in the United States Armed Forces against an entire German armored col- Honor in order of precedence. who served in the designated war zone during umn consisting of tanks, numerous The DSC is awarded for extreme gallantry the Vietnam Era; heavy gun emplacements, and hundreds and risk of life and this extraordinary heroism Whereas 58,256 men and women died while of soldiers. During this period of time, must take place while the individual is en- serving in South East Asia or as a result of their wounds or a service-connected dis- Private First Class Huempfner warned gaged in an action against an enemy of the off numerous American and British ability; United States. The act of heroism must be so Whereas on Friday evening, September 7, troops from Leignon, who otherwise notable and involve risk of life so extraordinary 2007, the United States Park Police reported would have been slaughtered by the as to set the individual apart from his com- being notified of a light, oily, and unidenti- Germans occupying the town. He re- rades. fied substance that was spilled over portions peatedly refused to be evacuated on It is an honor for me to stand before you of some of the names, panels, and paving these occasions, staying to destroy ad- today to talk about one such individual—Milo stones of the Vietnam Veterans Memorial; ditional German equipment, killing C. Huempfner. Whereas at least 14 of the 140 inscribed German soldiers in direct combat, and Mr. Huempfner was the most decorated panels of the Memorial Wall were damaged; protecting the citizens of the occupied and serviceman in Brown County during World Whereas the National Park Service has de- town. War II. In 1944, PFC Huempfner committed termined that the damage was the result of Mr. Speaker, on Christmas Eve, Brit- acts of extraordinary bravery and heroism dur- an act of vandalism: Now, therefore, be it ish forces dislodged German forces ing the final European campaign of World War Resolved, That the House of Representa- using information collected by Private II. tives condemns all attacks upon the memory

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27994 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 of veterans and their service to the United ments. And as I said earlier, as many Memorial for our most divisive war has States, as exemplified by the incident of van- Vietnam veterans have now committed become a place of solace and coming dalism of September 7, 2007. suicide as died in the original war. We, together. The SPEAKER pro tempore. Pursu- as a Nation, have to rectify this wrong. Mr. Speaker, regardless of who is re- ant to the rule, the gentleman from We have to take care and provide the sponsible for the recent attack on the California (Mr. FILNER) and the gen- health care, the treatment and the sup- Vietnam Wall, that cowardly act was tleman from Arkansas (Mr. BOOZMAN) port that our Vietnam veterans deserve an affront to every American. In an ap- each will control 20 minutes. and need. We have to say that we are parent act of vandalism, 14 panels were The Chair recognizes the gentleman sorry for the treatment that they re- defaced with a light, oily substance from California. ceived when they came home, and that damaged names, panels, and pav- Mr. FILNER. Mr. Speaker, I yield honor these courageous men and ing stones of the Vietnam Veterans myself as much time as I might con- women for their sacrifice to this Na- Memorial. sume. tion. While I am thankful that it appears I rise in strong support of this bill Anything that subtracts from this that the substance was removed and which condemns the action that re- healing process is an outrage to the the Memorial has been restored to its sulted in damage to our Vietnam Vet- honor and memory of these brave vet- pristine condition, I believe it is impor- erans Memorial. We all know that this erans who fought and died for our tant for us in Congress to show memorial recognizes and honors the country. And that is exactly what the Congress’s support for one of our Na- men and women who are veterans of senseless, needless act of vandalism tion’s most sacred sites. our Nation who served in one of Amer- that was perpetrated on the Vietnam Mr. Speaker, I also urge my col- ica’s most divisive wars. The memorial Veterans Memorial does. It rubs salt leagues to join me between November 7 grew out of a need to try to heal the into the wounds of our veterans that through November 10 to read some of Nation’s wounds as America struggled are still healing, and dishonors those the 58,256 names on the Vietnam Vet- to reconcile its different moral and po- that deserve nothing less than our Na- erans Memorial. This will only be the litical points of view on this war. In tion’s honor and gratitude. fourth time that this reading has oc- fact, the memorial was conceived and curred here in Washington, and it coin- b 1330 designed to make no political state- cides with the 25th anniversary of the ment about the war. It was designed to So, Mr. Speaker, through this resolu- Vietnam Veterans Memorial. bring us together. It was designed as a tion we condemn this act. We condemn I thank my colleague Representative place where everyone, regardless of those who are responsible. The oil is CARTER for introducing this resolution their opinion of the war, could come not just a stain on a piece of granite; it and Chairman FILNER and Ranking together, remember and honor those is a stain on the fabric of our Nation, a Member BUYER for bringing it to the who served and those who made the ul- Nation still healing from a divisive war floor today. timate sacrifice in service of their but a Nation that honors the sacrifices Mr. Speaker, I reserve the balance of country. I think all of us, wherever we of its soldiers and veterans. my time. were during that terribly divisive time, Maya Ying Lin, who designed the Me- Mr. FILNER. Mr. Speaker, I yield feels at peace and feels a relationship morial, said, ‘‘ . . . this Memorial is for such time as he may consume to an- to those people who served our Nation. all those who have died, and for us to other hero of the Vietnam War, a man The memorial, as I said, has paved remember them.’’ who served two tours in Vietnam, the the way towards reconciliation and Mr. Speaker, let us remember their gentleman from Iowa (Mr. BOSWELL). healing, a process that still continues. patriotism and valor and let us con- Mr. BOSWELL. Mr. Speaker, I thank That’s why, Mr. Speaker, I think we demn the discordant acts of those who Chairman FILNER for yielding and what were all so disturbed when we heard seek to tarnish them. he is doing here for veterans. about the senseless act of vandalism Mr. Speaker, I reserve the balance of I have to thank JOHN CARTER for his that happened earlier this year. Some- my time. attention to this issue. Vandalism is one walked along that memorial with Mr. BOOZMAN. Mr. Speaker, I yield never acceptable. Never. When I some type of oil applying it secretly on myself such time as I may consume. learned about the vandalism that took the wall as they walked by. The un- Mr. Speaker, I rise today in strong place at the Vietnam Memorial, I was known oil has done real damage to the support of H. Res. 680, which condemns outraged. Outraged. polished granite surface. But it did the actions of September 7, 2007, result- As a Vietnam veteran, as many of more than damage the wall, Mr. Speak- ing in damage to the Vietnam Veterans you are in this Chamber, many of our er. It damaged the respect we have for War Memorial. colleagues, for me 20 years plus, I know our Nation’s veterans and their sac- Mr. Speaker, the Vietnam Veterans firsthand, a lot of us do, the sacrifices rifice, damaging the healing process; War Memorial, commonly referred to that servicemembers and their families and it takes us, as a Nation, back to a as ‘‘The Wall,’’ serves as a memorial to make. time when we did not honor or take the 2.7 million men and women in the This memorial does more than just care of our returning Vietnam vet- United States Armed Forces who honor the brave men and women who erans. served in Vietnam. It is a memorial gave their lives for this great Nation. It takes us back to a time when that has many different meanings to It also serves as a reminder to all many people in this country confused those who lived through that era and Americans the price of freedom. the war and the warrior. If you did not serves as an especially poignant re- The Vietnam Veterans Memorial like the war, you said to heck with the minder of the cost of that war and the serves as a resting place for our breth- warrior. That was a deep mistake on ultimate sacrifice made in any con- ren who were unable to come home. our part, Mr. Speaker, a tragic mis- flict. And I will bet some of the rest of you, take, and one, as a Nation, we still suf- Americans come from all across the as I, have wondered how come our fer from today. country each year to reflect on the sac- name wasn’t on that wall. We know it We did not provide these veterans the rifices of the 58,256 names inscribed on could have been. And for somebody to care they needed. We didn’t welcome the 140 panels of black granite. Wheth- desecrate that is just unacceptable. I them back with honor and dignity and er it is a family member looking for hope the park service will be able to respect, and we’re paying a price today. the name of a loved one or a comrade find these criminals and swiftly bring More than half of the homeless on the in arms honoring a foxhole buddy or a them to justice. streets throughout America tonight, young child searching for the name of I would like to give special thanks to are Vietnam vets, over 200,000. Others a relative they never knew, every all of our troops and all those of them still suffer from post-traumatic stress American who visits the wall leaves a who have given the ultimate sacrifice. disorder, substance abuse, other ail- changed person. It is fitting that the We cannot forget them.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 27995 With the passage of this legislation war in Vietnam that they did it with Originally from New York, Ron was today, it is one more example of what honor, they did it with principle, and shot down on April 28, 1965. I was shot Congress has done to fulfill our Na- we respect them as our warriors who down barely a year later, on April 16, tion’s obligation to servicemembers, did their job and should have been 1966. their families, and all veterans. treated accordingly with honor when Because our captors tried to blame a I am proud to stand here as a cospon- they came home. We need to continue handful of us for overthrowing the Vi- sor of this bill, and I encourage the to honor our Vietnam vets. That’s why etnamese Government, they labeled us House to pass H. Res. 680 today. I feel this resolution is so important. diehards. They threw 11 of us in soli- Mr. BOOZMAN. Mr. Speaker, I yield 3 And I hope it will be passed unani- tary confinement in adjacent cells. Of minutes to the sponsor of the legisla- mously by this House. the 11 of us, only 10 came home. Our tion, the gentleman from Texas (Mr. The Vietnam Veterans Memorial serves as captors killed Ron Storz after he went CARTER). a memorial to the 2,700,000 men and women on a hunger strike. Mr. CARTER. I thank the gentleman in the United States Armed Forces who It breaks my heart to think that for yielding. And I would also like to served in the designated war zone during the someone would senselessly harm and thank Ranking Member BUYER and Vietnam Era. deface the names, the honors, the leg- Chairman FILNER for bringing this for- While serving in Southeast Asia or as a re- acies of great patriots like Ron. ward today. I think this is an impor- sult of their wounds or a service-connected You can find Ron’s name on panel 1 tant resolution. disability, 58,256 men and women died. of the east wall. When I heard about the fact that On Friday evening, September 7, 2007, the I deeply hope and pray the loved ones someone had defaced the Vietnam Me- United States Park Police reported being noti- of those men and women memorialized morial, I just didn’t really know what fied of a light, oily, and unidentified substance on the wall know we remember their to think about it. It wasn’t a front that was spilled over portions of some of the selfless family members and thank page item; it was a back page item. But names, panels, and paving stones of the Viet- them for their dedicated service and ul- to me it was just a shock. So I went nam Veterans Memorial. timate sacrifice. These men and women down to the park to take a look at it. At least 14 of the 140 inscribed panels of listed on the wall all demonstrate why And as I walked along there, and I the Memorial Wall were damaged. America is the land of the free and the know some others have done this too, The National Park Service has determined home of the brave. These valiant war- you could see where this substance had that the damage was the result of an act of riors fought to protect and defend this cast what looked like a shadow across vandalism. great Nation, and we should not allow the names that were printed on por- Thank the Gathering of Eagles organization someone to tarnish their good names, tions of this wall. And it brought back and AMVETS for bringing attention to this and we must condemn this vandalism. to me a memory of the time when the crime through the $5,000 reward they are of- I thank you both. traveling wall came to the town I am fering and by spreading the word to their Mr. FILNER. Mr. Speaker, I reserve from in Round Rock, Texas, and was members. the balance of my time. Mr. FILNER. Mr. Speaker, I look for- put up out in the park, and I went out Mr. BOOZMAN. Mr. Speaker, I am ward to hearing the words of our great there with one of my good friends and pleased to yield 2 minutes to the gen- Vietnam hero, Mr. JOHNSON, who was, one of the lawyers who worked in my tleman from Minnesota, Colonel KLINE. of course, a POW in Vietnam for many, court who was a true Vietnam veteran Mr. KLINE of Minnesota. I thank the many years. But I will let Mr. BOOZMAN and a hero, and we walked up to ap- gentleman for yielding. introduce him. I, like my colleagues, have come here proach that wall. And it was sitting up Mr. Speaker, I reserve the balance of today to condemn in the strongest pos- on a hill in our park, and he got about my time. 75 or 50 yards from the wall and he just Mr. BOOZMAN. Mr. Speaker, I am sible terms the actions which damaged stopped. And I said, Mike, are you proud to yield 3 minutes to the gen- the Vietnam Veterans Memorial. And as always when I am in the same going up there? And he said, Not right tleman from Texas (Mr. SAM JOHNSON), now. And then he stood there and a true American hero who certainly room with my colleague Mr. JOHNSON stared at that wall and cried. And it can speak with authority on this sub- from Texas, I am humbled to be in the took him a long time before he ap- ject. presence of a real hero of the Vietnam proached that wall because, as he said, Mr. SAM JOHNSON of Texas. Thank War. And I don’t know that I can add there were too many names on that you, Mr. BOOZMAN, and thank you, to the passion and to the caring that he wall that he missed and loved. Chairman FILNER. I appreciate your has already conveyed for us, but I just That wall means that kind of thing bringing this to the floor. It’s an im- have to say that I can’t remember to our Vietnam veterans. And for portant piece of legislation. And I being so outraged by such a cowardly someone to go out and deface the honor think what everyone has said is abso- act. of these fallen heroes whose names lutely true. Visitors from around the world who were carved on that wall is intolerable. Mr. Speaker, as a former POW in come to visit the Memorial are moved I too hope the Park Service finds these Vietnam for nearly 7 years, and I was by the simple but powerful image of people and prosecutes them to the full there for 2 tours too, Mr. BOSWELL and the etched granite wall. For those of us extent of the law because this is a I both, I find this vandalism uncon- who served in Vietnam, however, the shame. It’s not only a shame to our na- scionable and un-American. Why on names on the wall hold an even strong- tional monument, which is against the Earth would someone want to reignite er significance. Those names bolster law, but it is a shame to our national the pains of the past? our sometimes failing memories of the honor that this happened. And that is Defacing the wall was the ultimate friends and comrades who didn’t return why I brought this bill forward. act of cowardice. Why anyone would with us. I want to note that there are others want to destroy a sacred monument in It is with these memories in minds who feel the same way, and many of Washington, DC is beyond me. that I express my complete, my total, them are here today and I am thankful Even though I did 2 tours in Vietnam, utter outrage at this recent desecra- for them. The Gathering of Eagles and I spent most of my time in captivity. I tion. The person or persons who did the AMVETS posted a $5,000 reward to didn’t get to know a lot of the brave this have violated a sacred trust, and I try to find out who did this defacing of men and women who died in action, consider their actions deplorable. Their the wall. That’s how much it means to those who have their names etched cowardice, yes, their cowardice, stands them. into the shiny, marble dark wall. in sharp contrast to the bravery and This act of vandalism cannot be tol- But I did get to know a great Amer- valor of those for whom this memorial erated, should not be tolerated. And by ican very well. His name is Ron Storz, was erected, and we as a country will passing this resolution, we will reaf- a lieutenant colonel in the Air Force simply not tolerate such behavior. Just firm to our veterans who fought the and a fellow fighter pilot. as we honor and pay tribute to those

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27996 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 who served and sacrificed so much, so And I thank him for doing his part to revise and extend their remarks and in- too must we condemn, we as a Con- honor the memory of those who fought clude extraneous material on H. Res. gress, we as a people, we as a Nation, and died in Vietnam. 680. those who would denigrate that sac- We all hope that the individuals who The SPEAKER pro tempore. Is there rifice through such cowardly actions. perpetrated this crime will be caught objection to the request of the gen- If there are those who applaud or and prosecuted to the full extent of the tleman from California? somehow justify this desecration, I law and that, clearly, something like There was no objection. would only remind them of the hypoc- this would never happen again. Mr. FILNER. Mr. Speaker, I thank risy of their beliefs and their actions. Mr. BOOZMAN. Mr. Speaker, I am Mr. CARTER. I thank all the Members Our freedom was won and maintained pleased to yield 2 minutes to the gen- who spoke on this legislation. It is an by brave men and women such as those tleman from Texas (Mr. POE). important bill. But I must say, we honored on this wall, and we should all Mr. POE. I thank the gentleman for ought to go further than this resolu- hold them reverently in our hearts. yielding. tion. Mr. Speaker, I want to thank my col- General Westmoreland said: ‘‘I do not Mr. POE said voting for this resolu- league Mr. CARTER for bringing this believe that the men who served in uni- tion means we’re standing up for our important resolution to the floor, to form in Vietnam have been given the troops. Well, I just spoke recently to the chairman and ranking member of credit they rightfully deserve. It was a the Annual Convention of the Vietnam the committee for bringing it to the difficult war against an unorthodox Veterans of America. I’ll tell you what floor. enemy.’’ I agree with General West- they define as standing up for our I encourage my colleagues to support moreland, especially in light of those troops—and there will be legislation this bill. Let’s support it unanimously. events when, last month, Vietnam vet- embodying all of this soon. It would Mr. BOOZMAN. Mr. Speaker, I yield 2 erans were dishonored when outlaw mean that we would look at the 200,000 minutes to the gentlewoman from vandals desecrated the memorial. Vietnam vets who are on the street Florida (Ms. GINNY BROWN-WAITE). I want to thank my colleague, Judge homeless tonight and solve that moral Ms. GINNY BROWN-WAITE of Flor- CARTER, for introducing this resolution blot on our record. ida. I thank the gentleman. that deplores this despicable act. I’m Most of us go to Stand-Downs every Mr. Speaker, I rise to join my col- glad to be a cosponsor of it. year, where the whole community leagues today to condemn in the It has also been said that in this war, comes around for 3 days and provides harshest terms possible the vandalism Vietnam War, ‘‘all gave some, and security and comfort, medical atten- that scarred the Vietnam Veterans Me- some gave all.’’ And the Vietnam Vet- tion, dental health, legal assistance, morial a few weeks ago. erans War Memorial lists the names of clothes for the homeless vets in that My district in Florida is home to the over 58,000 Americans who gave all for community. The community comes to- second most veterans of any Member of their country. And of course the men gether and has a holistic approach of this body, with more than 105,000 vet- and women who sacrificed their lives in drug and alcohol abuse and job coun- erans and their dependents residing Vietnam deserve better than what hap- seling. So we know what to do for there. pened to the memorial that honors those 3 days. But the last five or eight them. Stand-Downs that I’ve addressed I said, 1345 b The thugs who desecrated the wall I’m tired of coming to Stand-Downs. I also serve on the House Veterans’ ought to be tracked down and be We should have Stand-Downs 365 days a Affairs Committee. So many brave sol- brought to justice because justice is year. That’s what the Veterans Admin- diers, marines, Navy men, airmen who the one thing we should always find. I istration ought to do. With a $100 bil- fought with bravery over in the South- certainly know what I would do to lion budget, you would think we could east to stop the spread of communism them if I were still on the bench, and take care of the Vietnam vets who are and to protect American interests live I’m sure Judge CARTER would like to do homeless. That would be standing up in my district. For those brave troops the same if he caught them. Be that as for the troops. throughout our great Nation who per- it may, they should be brought before In addition, many of them have been ished in the line of fire, their names the bar of justice. fighting for decades to get compensa- are forever marked on the Vietnam Many of the friends that I grew up tion for an agent orange disability. Veterans War Memorial here in Wash- with in Texas served in Vietnam, and And the law, while we have extended ington, DC. That anyone would deface there are five of their names on that the areas to which presumption applies the wall and desecrate the memory of wall. We can honor them today by and give these brave veterans health these fine soldiers is beyond anyone’s passing this resolution and demanding care and disability compensation, there comprehension. justice. is still too many areas that are not As someone who grew up in the Viet- It has been said that in the Vietnam awarded a claim. nam era and someone whose brother War it cost our troops everything, and At this stage (I would like to talk to and cousin and other family members it cost the American public almost Mr. JOHNSON later about this), I would served honorably and, thankfully, nothing. It’s time for the American say all these agent orange claims, if came home safely, I know firsthand the public, by standing up for this resolu- they have medical backing and help by sacrifices these soldiers made, phys- tion, to stand up for our troops and a veteran service officer, are presump- ically and emotionally, during their honor their memory in Vietnam. tive, and have them stop fighting after periods of service. Mr. BOOZMAN. Mr. Speaker, I know all these decades and get the care and While thousands of our troops per- that all of us look forward to passing attention that they need. ished in the jungles of Vietnam and this very important resolution. I want I will tell you, I have just got a list had their names inscribed on the wall, to thank Judge CARTER for bringing it of 500 veterans from one State, Viet- tens of thousands more came home to forward. And then also a special thanks nam vets, who got Parkinson’s disease their families and loved ones. These are to Mr. FILNER, chairman of the Vet- in their early fifties. That’s way earlier the people who deserve to be the most erans’ Affairs Committee, and Ranking than the average age of on set for the outraged by the vandalism that took Member BUYER, in expediting it and general population. So it’s obviously place, the families, friends and fellow getting it on the floor. Vietnam that was the cause. Yet the soldiers of the deceased, who make pil- With that, Mr. Speaker, I yield back law says there is no proof that agent grimages to the wall to pay respects the balance of my time. orange caused Parkinson’s or Lou and honor those who gave the ultimate GENERAL LEAVE Gehrig’s disease, and so they’re shut sacrifice for our great Nation. Mr. FILNER. Mr. Speaker, I ask out. That’s a shame. They served us; I commend Judge CARTER for bring- unanimous consent that all Members we should serve them. Let’s grant all ing this resolution to the floor today. may have 5 legislative days in which to these agent orange claims.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 27997 And we ought to, according to the The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- representatives at the convention, give The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from the status of ‘‘mandatory’’ or ‘‘assured ant to clause 8 of rule XX and the California (Mr. FILNER) and the gen- funding’’ to the health care for our vet- Chair’s prior announcement, further tleman from Arkansas (Mr. BOOZMAN) erans. Right now, health care in our proceedings on this motion will be each will control 20 minutes. budget is called ‘‘discretionary.’’ We postponed. The Chair recognizes the gentleman fight over it every year, Democrats, f from California. Republican, House, Senate, VA Com- SUPPORTING AND ENCOURAGING Mr. FILNER. Mr. Speaker, I would mittee versus everybody. We should GREATER SUPPORT FOR VET- yield for as much time as he may con- not play politics with veterans health ERANS DAY EACH YEAR sume to the author of this legislation, care, and we should have a guaranteed an Army veteran of the Vietnam era, mandatory budget. Mr. FILNER. Mr. Speaker, I move to the gentleman from California (Mr. Those are the things that would real- suspend the rules and agree to the reso- BACA). ly tell our Vietnam vets that we care lution (H. Res. 237) supporting and en- Mr. BACA. Mr. Speaker, I rise in sup- about them. So let’s pass this resolu- couraging greater support for Veterans port of H. Res. 237. Day each year. tion. The wall is, as we’ve heard today, I want to thank Representative FIL- The Clerk read the title of the resolu- NER for his commitment to this resolu- so important to our memories, to our tion. healing, to those brave men who fought The text of the resolution is as fol- tion in support of our veterans. And I for us. But let’s go further and really lows: say ‘‘the support of our veterans.’’ As a give the Vietnam vets a thank you and veteran myself who served in both the H. RES. 237 pass legislation that will not only end 101st and 82nd Airborne Division, I am Whereas veterans of service in the United proud to stand with our brave men and homelessness and grant the agent or- States Armed Forces have served the Nation ange claims, but give mandatory fund- with honor and at great personal sacrifice; women. ing for the VA health care budget. Whereas the American people owe the se- Today, there are over 23 million vet- Mr. BUYER. Mr. Speaker, I rise today in curity of the Nation to those who have de- erans living in the United States; strong support of H. Res. 680 condemning the fended it; 165,000 in Iraq and Afghanistan. In my act of vandalism on the Vietnam Veterans Me- Whereas on Memorial Day each year, the district, we have over 32,000 veterans. morial last month. On the evening of Sep- Nation honors those who lost their lives in There are also many veterans who tember 7th vandals dumped an oily substance, service to the Nation; serve in Congress, and I want to thank Whereas on Veterans Day each year, the those Members who have served this which damaged 14 of the 140 black granite Nation honors those who have defended de- panels commemorating the lives of more than mocracy by serving in the Armed Forces; country. And I salute each and every 58,000 men and women killed or missing dur- Whereas the observance of Memorial Day one of the Members who have served ing the war. The substance has been cleaned and Veterans Day is an expression of faith in our country. up, however I believe it is important for the democracy, faith in American values, and To my fellow veterans, I commend American people to know what happened to faith that those who fight for freedom will you for your service. When our troops this sacred shrine. defeat those whose cause is unjust; commit to serve our country, they Mr. Speaker, while no one has yet been Whereas section 116(a) of title 36, United make a promise to serve and to protect connected with the vandalism, anti-war pro- States Code, provides that ‘‘The last Monday this country. in May is Memorial Day’’ and section 116(b) We also have a moral responsibility testers earlier this year defaced other Wash- of that title requests the President to issue ington landmarks. In January, protesters spray a proclamation each year calling on the peo- to protect the returning veterans and painted a Capitol terrace. Protesters later de- ple of the United States to observe Memorial their families. Veterans returning from filed the Lone Sailor statue at the United Day by praying, according to their indi- Iraq and Afghanistan must receive the States Navy Memorial. This pattern of attacks vidual religious faith, for permanent peace, best treatment. Sadly, for the last few is a national disgrace. designating a period of time on Memorial years, I don’t believe that our govern- When I stand before the Wall and look on Day during which the people may unite in ment has held its end of the bargain. those names, I feel great humility in the pres- prayer for a permanent peace, calling on the The conditions at Walter Reed show us people of the United States to unite in pray- that in many cases our veterans are ence of what this memorial represents. These er at that time, and calling on the media to men and women died so that our very way of join in observing Memorial Day and the pe- not receiving the care they deserve. freedom might endure. I call upon the coward riod of prayer; This resolution reminds us that Vet- or cowards who defiled this shrine to come Whereas section 4 of the National Moment erans Day is not just a day off from forward and accept responsibility, or go back of Remembrance Act (Public Law 106–579) school or work. This is a special day of under the rock from which they came. It is an provides, ‘‘The minute beginning at 3:00 p.m. reflection to honor those who have de- obscene perversion that others would creep (local time) on Memorial Day each year is fended our country. out in the dark of night to deface the memory designated as the ‘National Moment of Re- I visited Israel a few years ago. There membrance’ ’’; and I learned how truly they respect and of heroes. The memory of these patriots en- Whereas Section 6103(a) of title 5, United dures in our hearts, whatever hateful attacks States Code, provides that ‘‘Memorial Day, honor veterans in that country. Israel vandals may attempt. the last Monday in May’’ and ‘‘Veteran’s calls for 1 minute of silence across the I would like to thank my colleague Rep- Day, November 11’’ are legal public holidays: whole country. The country’s emer- resentative JOHN CARTER of Texas for intro- Now, therefore, be it gency siren goes off at 10 a.m., and all ducing this important legislation, and I thank Resolved, That the House of Representa- TV and radio stations are also inter- the House leadership for bringing it to the tives— rupted and programs sounding the (1) encourages Americans to demonstrate alert. Everyone then stops whatever floor. their support for veterans on Veterans Day Mr. FILNER. Mr. Speaker, I yield each year by treating that day as a special they are doing, working, driving, any- back the balance of my time. day of reflection; thing else, and stands in silence for The SPEAKER pro tempore. The (2) encourages schools and teachers to edu- those heroes who have served their question is on the motion offered by cate students on the great contributions vet- country. That’s paying respect. the gentleman from California (Mr. erans have made to the country and its his- My resolution also encourages FILNER) that the House suspend the tory, both while serving as members of the schools to educate our young people rules and agree to the resolution, H. United States Armed Forces and after com- about the contributions of our veterans Res. 680. pleting their service; and to this country because they ulti- The question was taken; and the (3) requests that the President issue a mately have made the sacrifice for the proclamation each year in connection with Speaker pro tempore announced that the observance of Veterans Day calling on freedoms that they have to be in school the ayes appeared to have it. the people of the United States to observe and to be all that they want to be. Mr. CARTER. Mr. Speaker, on that I that day with appropriate ceremonies and This year, as Chair of the Congres- demand the yeas and nays. activities. sional Hispanic Caucus, I have worked

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 27998 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 closely with Hispanic veterans and the side overlooking the Potomac River world, serving on active duty or serv- Medal of Honor veteran winners from and the City of Washington became the ing in the Army Reserves or on the Na- World War II until today. The stories focal point of reverence for America’s tional Guard, our men and women in of courage and sacrifices I’ve heard veterans. Similar ceremonies occurred uniform sacrifice for our freedom. from them were nothing short of amaz- earlier in England and France where an Oftentimes when we speak of our key ing. They deserve to be recognized and unknown soldier was buried in each of military assets we are referring to the thanked, as well as every veteran who the nation’s highest place of honor, in carriers and the stealth bombers and has served our country. England West Minster Abby, in France the tanks or the fighter planes. Well, I also believe a special thanks is nec- the Arc de Triomphe. while those are all impressive, none are essary to the veterans and military These memorial gestures all took more impressive than our brave men families that are left behind. Too often place on November 11, giving universal and women in uniform. I think, in fact, we forget about the families and vet- recognition to the celebrated ending of I know, they are our greatest military erans who are left behind. They have World War I fighting at 11 a.m., No- asset. The men and women who serve sacrificed so much for their loved ones vember 11, 1918, the 11th hour of the our Nation are the best educated, and for America, for America that we 11th day of the 11th month. The day be- trained and equipped fighting force in stand up with, America that we have came known as Armistice Day. The the world. Because of this, I am proud always been with. You are the support first celebration using the term ‘‘Vet- to stand with my colleague (Mr. BACA) system and the backbone for all of erans Day’’ occurred in Birmingham, and all the rest of you to encourage these veterans. Alabama, in 1947. communities and schools around the On November 11, on Veterans Day, do Raymond Weeks, a World War II vet- country to recognize the contributions not forget those who are the true he- eran, organized National Veterans Day, veterans have made to our country and roes of this country. Reflect on the which included a parade and other fes- to our history. true meaning of Veterans Day, and re- tivities to honor all veterans. The It is often said, but we will say it member the sacrifices made by so event was held on November 11, then again, a grateful Nation will always re- many proud American sons and daugh- designated Armistice Day. Later, U.S. member those who sacrifice so much in ters that we will honor on that day. Representative Edward Rees of Kansas preserving our freedom. If we are to I urge my colleagues to support this proposed a bill that would change Ar- continue to have the very best of our resolution. Veterans Day is about our mistice Day to Veterans Day. In 1954, Nation serve, we must continue to give heroes. Congress passed the bill that President them assurances that their service will Mr. BOOZMAN. Mr. Speaker, I yield Eisenhower signed proclaiming Novem- not be forgotten. By granting all vet- erans who served before them the rec- myself such time as I may consume. ber 11 as Veterans Day. Raymond ognition, care and respect promised, Mr. Speaker, I take great pleasure in Weeks received the Presidential Citi- tomorrow’s veterans will have the reas- urging my colleagues to support House zens Medal from President Reagan in surance in knowing their future needs Resolution 237, urging all of America November 1982. Weeks’ local parade and will be addressed. ceremonies are now an annual event to make a special effort to honor I am very proud to stand here to co- celebrated nationwide. America’s veterans on November 11, in- sponsor this bill today and encourage Mr. Speaker, I again suggest this troduced by a veteran of the Vietnam the House to pass H. Res. 237. Honor most fitting of resolutions is worthy of War, the Honorable JOE BACA. Veterans Day. It’s something we have a unanimous support for my colleagues. This resolution reminds each of us of privilege to do. the debt we owe to those whose sac- As Mr. FILNER said in the previous bill, Mr. BOOZMAN. Mr. Speaker, I yield 2 rifices have made America the beacon we need to go further. minutes to the gentlewoman from Mr. Speaker, there is no better way of freedom throughout the world. Florida (Ms. GINNY BROWN-WAITE). America’s holidays remind us of impor- to honor our veterans on Veterans Day Ms. GINNY BROWN-WAITE of Flor- tant events and persons in our Nation’s than to ensure funding for their med- ida. Mr. Speaker, I rise today in strong history. It is significant that veterans ical care and other benefits. That is support of the resolution offered by are honored with 2 holidays that recog- why I call on my friends on the other Representative BACA of California. I nize the important role of those who side of the aisle to appoint conferees applaud him for bringing this resolu- wear the uniform. for the Military Construction and VA tion to the floor today and I am very appropriations bill. b 1400 proud to support his efforts. We are almost a month into the new With a district with so many vet- Veterans have assaulted heavily de- fiscal year and there is no practical erans, I can honestly stand here today fended beaches, jumped from aircraft reason that this bill cannot pass and and tell you that Veterans Day in my under heavy fire, shivered in frozen become law. It won’t be long before district is on par with the love of God, foxholes, slogged through malaria-rid- this apparent political ploy will begin mom and apple pie. Almost every town den jungles, and endured horrible to affect the care our Nation’s warriors and municipality in the eight counties abuses as prisoners of war. Veterans receive. Let’s appoint conferees and en- that make up my congressional district have survived incredible hardships, sure that the VA can continue to give goes out of their way to hold a public they have suffered wounds, and far too our veterans the excellent care that event celebrating the accomplishments many have paid the ultimate price of they deserve. of our Nation’s veterans. freedom. They have often experienced Mr. Speaker, I reserve the balance of Traveling around my district, I have long separations from families, and my time. met literally thousands of men and they serve in the outposts of freedom Mr. FILNER. Mr. Speaker, I would some women who recount their stories while their fellow citizens enjoy the yield such time as he may consume to of military service with pride and with fruits of everyday life in America. our Vietnam aviator, Mr. BOSWELL of joy. They tell of the bravery of their Each of them, from the Army or Ma- Iowa. comrades, of the sacrifices to protect rine infantrymen on patrol, to the sail- Mr. BOSWELL. Thank you, Chair- the innocent and the weak and the or deep in the bowels of an aircraft car- man FILNER, and all of you who have memories of those killed in action. rier, to the airmen miles above the worked on veterans events this day and The resolution before us, House Reso- ground sets an example for the rest of these last several months. We appre- lution 237, is a good sense of the House us. ciate it very much. that encourages the celebration of Vet- Mr. Speaker, I think it is important Mr. Speaker, as veterans we know erans Day. Veterans Day is not just an- to recall how Veterans Day came to be. the sacrifice that our servicemembers other day to go to the mall or look for In 1921, an unknown World War I Amer- pay each day. Whether currently de- Veterans Day sales but, rather, to ican soldier was buried in Arlington ployed in Iraq, Afghanistan, Korea, or honor those who have served our coun- National Cemetery. This site on a hill- wherever they might be around the try.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 27999 These brave soldiers fought for our know that they are needed, deserved the 25 million veterans that have served our freedoms and the liberties of our Na- and earned. country. tion around the world, including But let’s go further than that. Let’s House Resolution 237 encourages Ameri- France, England, Poland, Vietnam, pass together a GI Bill for the 21st cen- cans to demonstrate their support for vet- Korea, Kuwait, Iraq and Afghanistan. tury, a bill that not only increases the erans. It is important to let these heroes know The actions of the American military benefits to a realistic fashion for edu- that this grateful Nation honors their service to throughout the history of our Nation cation and home loans, but brings in our country. have helped advance the cause of free- the Guard and Reserve units to be eli- On this 88th Veterans Day, I urge all Ameri- dom around the globe and protect citi- gible for the GI Bill’s benefits. They cans to take the time to show appreciation to zens from attack from foreign powers, are doing half the fighting in Iraq and those who have answered the call to duty. and today from attacks from terror- yet do not have full benefits when they Although, we can never adequately thank ists. return home. So let us include the them for their service and sacrifice to our Na- Mr. Speaker, I encourage every Guard and Reserve. tion, today, on Veterans Day and everyday, American to adopt the spirit of this Let us include an absolute right to we can humbly salute our brave veterans and resolution in celebrating Veterans Day mental health treatment. We cannot soldiers. and show our veterans how much we neglect mental health, PTSD (post Our nation has a proud legacy of supporting appreciate their sacrifice and the time traumatic stress disorder), and other the men and women who have worn the uni- served. May God bless our soldiers and mental conditions. While we can deal form in defense of this country. our veterans. with the visible wounds a lot easier, we As a nation, we have a sacred pact with all Mr. FILNER. Mr. Speaker, I reserve cannot forget the invisible ones. those who served in uniform and we owe the balance of my time. Let us work together to end that them a debt of gratitude. Mr. BOOZMAN. Mr. Speaker, in clos- atrocious claims backlog. Over 600,000 Our country is founded on the principles of ing, again, I encourage everyone, cer- claims for disability compensation are democracy, American values and faith that tainly we are all anxiously awaiting to pending at the VA. People have died those who fight for freedom will defeat those get to vote ‘‘yes’’ on this very, very im- while waiting for their claim to be ad- whose cause is unjust. portant resolution. I want to thank Mr. judicated. Others have lost their home I know I speak for the Nation when I say because they didn’t have the income. BACA for bringing this to our attention that we stand united behind our courageous and doing the work that it took to get We can cut through that bureaucracy, men and women in uniform. it on the floor. A special thanks to not just add, as the budget has, 1,000 We must be united in seeing that every sol- more people, but really look at a whole Chairman FILNER, Mr. BUYER, again, dier, sailor, airman and marine is welcomed for working together and getting all of new way, a nonadversarial way of deal- back with all the care and compassion this ing with the claims for disability. We the bills that we have done today on grateful Nation can bestow. can do that. the floor. I think it represents a tre- No other group of Americans has stood For too many people, VA means stronger and braver for our democracy than mendous amount of work. As always, I ‘‘veterans adversary.’’ VA should mean our troops and veterans. want to thank the staffs on both sides ‘‘veterans advocate’’. We can do that. Veterans Day should not be observed just who worked so hard in preparing these Let us make sure that every young once a year—our Nation’s heroes must be things and actually getting it to fru- man and woman that comes back from celebrated, honored and remembered for their ition. Iraq and Afghanistan is diagnosed for service to our Nation—the whole year through. So with that, again, I yield back the both traumatic brain injury and PTSD, Veterans have kept their promise to serve balance of my time. post traumatic stress disorder. We are our Nation—and we, as a free and democratic GENERAL LEAVE going to let tens of thousands of young country, must keep our promises to our vet- Mr. FILNER. Mr. Speaker, I ask men and women out of the service erans. unanimous consent that all Members without adequately understanding As Chairman of the Veterans’ Affairs Com- may have 5 legislative days in which to these wounds, some of whose symptoms mittee, it is my honor to serve the veterans of revise and extend their remarks and in- are invisible for some time. They are this Nation and I encourage my fellow Ameri- clude extraneous material on H. Res. ticking time bombs that, coming back cans to do the same. 237. to society, will create enormous prob- I encourage all Americans to reach out to The SPEAKER pro tempore (Mr. lems for our social structure. So let’s veterans. Thank them and their families for BLUMENAUER). Is there objection to the diagnose it. Let’s treat it early. Let’s their amazing sacrifice. Learn more about their request of the gentleman from Cali- bring the family in. Let’s make sure great contributions to our country and gain the fornia? that we have treated the mental illness wisdom of their personal stories of our nation’s There was no objection. that is so prominent in a war like this Mr. FILNER. Mr. Speaker, this is an that we are unfortunately pursuing. history. important resolution, and we have Let us end homelessness for our vet- Americans have learned, again, the truth heard the many reasons why, and I erans in America. We can do this. This behind the inscription on the Korean War Me- thank Mr. BACA for bringing this reso- is not rocket science. We know what it morial—‘‘Freedom is not free.’’ And no one lution to the floor. But after we give takes. We have all, as I said earlier, has paid a higher price and sacrifice for our our speeches on Veterans Day, after we been to Stand-Downs. We know how to freedom than our veterans. have given all the tributes, let’s come bring the community together to give Pause to remember the noble service and back and do some real work that we homeless veterans the support they high sacrifices of those who have worn this have to do to really honor our vet- need to reintegrate. And I tell you, we Nation’s uniform. erans. are already seeing the problems that On Veterans Day and the whole year I agree with the gentleman from Ar- we saw in Vietnam. We have suicide through, join me and take the time to show kansas. Let’s pass that appropriations rates of our current vets that are the your gratitude to those who have answered bill. If you add the money that is in the highest rates since Vietnam. We have the call to duty. appropriations bill for 2008 with the homeless Iraqi vets on the street. So Mr. Speaker, I yield back the balance continuing resolution we did earlier let us not make the same mistake of my time. this year and the supplemental resolu- again that we did in Vietnam, but let ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tion we did earlier, we have added more us remember we have both new vet- The SPEAKER pro tempore. The than $13 billion for the health care of erans and older veterans. We have to Chair would remind all persons in the our veterans for this year over last serve both. This Nation can do it, we gallery that they are here as guests of year. That is a 30 percent increase. should do it, and working together, we the House, and that any manifestation That is unprecedented in the history of will do it. of approval or disapproval of the pro- the VA and will put in place all the Each year on Veterans Day, Americans ceedings or any audible conversation is programs that many of us want and come together to honor our Nation’s heroes: in violation of the rules of the House.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28000 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 The question is on the motion offered Mr. Speaker, we are making progress. this important law. The last time this by the gentleman from California (Mr. With bipartisan support and the Presi- law was authorized was when President FILNER) that the House suspend the dent’s signature, we are making a his- Bill Clinton was in office back in 1998, rules and agree to the resolution, H. toric investment in student financial and it expired in 2004. Res. 237. aid in the College Cost Reduction and We need to work in a bipartisan way The question was taken; and (two- Access Act. We have also laid the to finally reauthorize the Higher Edu- thirds being in the affirmative) the groundwork to reauthorize the other cation Act. Republicans on the House rules were suspended and the resolu- core higher education programs, in- Education Committee recently took a tion was agreed to. cluding teacher preparation, devel- positive step in this direction by intro- A motion to reconsider was laid on oping and strengthening institutions, ducing H.R. 3746, The College Access the table. college readiness and outreach pro- and Opportunity Act of 2007. This bill f grams, international education pro- is an updated version of H.R. 609, the Higher Education reauthorization bill b 1415 grams, graduate education, and many others. that passed the House last Congress THIRD HIGHER EDUCATION The Higher Education Act was due to but was not taken up by the Senate. EXTENSION ACT OF 2007 be reauthorized during the 108th Con- H.R. 3746 would strengthen the Pell Mr. HINOJOSA. Mr. Speaker, I move gress. It was not completed. The 109th Grant program by providing for year- to suspend the rules and pass the bill Congress also failed to reauthorize this round Pell Grants, and it would address (H.R. 3927) to temporarily extend the act. Given the length of time that has college affordability by providing programs under the Higher Education elapsed between when the Higher Edu- transparency in college costs, among Act of 1965, and for other purposes. cation Act should have been reauthor- other things. The Clerk read the title of the bill. ized and today, we believed that it was I hope that we will move forward The text of the bill is as follows: critical that the 110th Congress and the with the Higher Education Act reau- H.R. 3927 stakeholders in the higher education thorization in a bipartisan and Be it enacted by the Senate and House of Rep- community take a fresh look at the thoughtful manner. I look forward to resentatives of the United States of America in law and the recommendations to im- working with Ranking Member Congress assembled, prove it. MCKEON and Chairmen MILLER and SECTION 1. SHORT TITLE. We have held a series of congres- HINOJOSA and all of my colleagues on This Act may be cited as the ‘‘Third High- sional hearings covering the core issues the Education and Labor Committee in er Education Extension Act of 2007’’. of access, affordability, college prepa- completing our work in the coming SEC. 2. EXTENSION OF PROGRAMS. ration, teacher preparation, and insti- months. In the meantime, however, I Section 2(a) of the Higher Education Ex- tension Act of 2005 (Public Law 109–81; 20 tutional capacity. We put out a call for urge my colleagues to join with me in U.S.C. 1001 note) is amended by striking ‘‘Oc- recommendations and received over 85 supporting this extension. tober 31, 2007’’ and inserting ‘‘April 30, 2008’’. responses from individuals and organi- Mr. Speaker, I reserve the balance of SEC. 3. RULE OF CONSTRUCTION. zations from across the Nation. I am my time. Nothing in this Act, or in the Higher Edu- looking forward to working with all Mr. HINOJOSA. Mr. Speaker, as my cation Extension Act of 2005 as amended by my colleagues to produce a strong re- colleague RIC KELLER pointed out, the this Act, shall be construed to limit or oth- authorization that will earn broad sup- last reauthorization took place back in erwise alter the authorizations of appropria- port. 1998. If we are able to get it done this tions for, or the durations of, programs con- Mr. Speaker, I would also like to year, it will have been almost 10 since tained in the amendments made by the High- thank Congressman MCKEON, the rank- that reauthorization. For me, having er Education Reconciliation Act of 2005 (Pub- lic Law 109–171) and the College Cost Reduc- ing member of the full committee. I served 11 years in Congress, I have had tion and Access Act of 2007 (P.L. 110–84) to would like to thank Congressman RIC quite a learning curve. I have learned the provisions of the Higher Education Act KELLER, the ranking member of the the importance by listening to presi- of 1965 and the Taxpayer-Teacher Protection Subcommittee on Higher Education, dents and chancellors of many of the Act of 2004. Lifelong Learning and Competitive- institutions of higher learning and re- The SPEAKER pro tempore. Pursu- ness. Also, I wish to thank Chairman alize the importance of us getting this ant to the rule, the gentleman from GEORGE MILLER for working together job done this session. Texas (Mr. HINOJOSA) and the gen- with all of us to expedite this exten- Mr. Speaker, it is extremely impor- tleman from Florida (Mr. KELLER) each sion. I urge all my colleagues to sup- tant because we are trying to raise the will control 20 minutes. port this legislation, H.R. 3927. number of students who will be college The Chair recognizes the gentleman Mr. Speaker, I reserve the balance of ready. We must have programs that are from Texas. my time. going to fill the need that we have in GENERAL LEAVE Mr. KELLER of Florida. Mr. Speak- our country for teachers, for scientists, Mr. HINOJOSA. Mr. Speaker, I ask er, I yield myself such time as I may for mathematicians, for all of the dif- unanimous consent that all Members consume. ferent fields that are necessary for our have 5 legislative days within which to Mr. Speaker, I rise in support of H.R. country to enjoy its prosperity. revise and extend their remarks and in- 3927, a measure to extend programs I am working hard with my colleague clude extraneous material on the bill under the Higher Education Act, which RIC KELLER so that the Higher Edu- under consideration. are set to expire at the end of this cation Act is completed on a timely The SPEAKER pro tempore. Is there month, for an additional 6 months. basis, and one that is going to serve us objection to the request of the gen- This is a clean extension. This will for the next 6 years. tleman from Texas? simply change the date required to re- With that, I reserve the balance of There was no objection. authorize this law from October 31, my time and would like to ask the gen- Mr. HINOJOSA. Mr. Speaker, I yield 2007, until April 30, 2008. I thank my tleman from Florida if he has some myself such time as I may consume. committee colleagues, Chairman MIL- other speakers. Mr. Speaker, I rise in strong support LER, Chairman HINOJOSA, and Ranking Mr. KELLER of Florida. Mr. Speak- of H.R. 3927, a bill to extend the Higher Member MCKEON, for their work on er, I have no other speakers and I am Education Act through April 30, 2008. this bill, as well as their consistent ef- prepared to close at this time. This bill is very straightforward. It forts on behalf of our Nation’s college Mr. Speaker, I just want to urge all simply extends the current programs students and their families. of my colleagues to vote ‘‘yes’’ on H.R. authorized under the Higher Education Mr. Speaker, while I support the ex- 3927. We believe that a college edu- Act until April 30, 2008, giving us the tension of the Higher Education Act, I cation opportunity is the passport out time to fully consider and complete the also believe that we need to get on of poverty for so many worthy young reauthorization. with it at this point and reauthorize people. I urge my colleagues to support

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28001 this extension and then later to work Burgess Goode Matheson Sanchez, Loretta Solis Visclosky Burton (IN) Goodlatte Matsui Sarbanes Souder Walberg together in a bipartisan manner to re- Butterfield Gordon McCarthy (CA) Saxton Space Walden (OR) authorize the Higher Education Act. Buyer Granger McCarthy (NY) Schakowsky Spratt Walsh (NY) Mr. Speaker, I yield back the balance Calvert Graves McCaul (TX) Schiff Stark Walz (MN) of my time. Camp (MI) Green, Al McCollum (MN) Schmidt Stearns Wamp Campbell (CA) Green, Gene McCotter Schwartz Stupak Wasserman Mr. HINOJOSA. Mr. Speaker, I yield Cannon Grijalva McCrery Scott (GA) Sullivan Schultz back the balance of my time. Cantor Gutierrez McDermott Scott (VA) Sutton Waters The SPEAKER pro tempore. The Capito Hall (NY) McGovern Sensenbrenner Tancredo Watson Capps Hall (TX) McHenry Serrano Tanner Watt question is on the motion offered by Capuano Hare McHugh Sessions Tauscher Waxman the gentleman from Texas (Mr. Cardoza Harman McIntyre Sestak Taylor Weiner HINOJOSA) that the House suspend the Carnahan Hastings (FL) McMorris Shadegg Terry Welch (VT) rules and pass the bill, H.R. 3927. Carney Hastings (WA) Rodgers Shays Thompson (CA) Weldon (FL) Carter Hayes McNerney Shea-Porter Thompson (MS) Weller The question was taken; and (two- Castle Heller McNulty Sherman Thornberry Westmoreland thirds being in the affirmative) the Castor Hensarling Meek (FL) Shimkus Tiahrt Wexler rules were suspended and the bill was Chabot Herger Meeks (NY) Shuler Tiberi Whitfield Chandler Herseth Sandlin Melancon Shuster Tierney Wicker passed. Clarke Higgins Mica Simpson Towns Wilson (NM) A motion to reconsider was laid on Clay Hill Michaud Sires Tsongas Wilson (SC) the table. Cleaver Hinchey Miller (FL) Skelton Turner Wolf Clyburn Hinojosa Miller (MI) Slaughter Udall (CO) Woolsey f Coble Hirono Miller (NC) Smith (NE) Udall (NM) Wu Cohen Hobson Miller, Gary Smith (NJ) Upton Wynn ANNOUNCEMENT BY THE SPEAKER Cole (OK) Hodes Miller, George Smith (TX) Van Hollen Yarmuth PRO TEMPORE Conaway Hoekstra Mitchell Smith (WA) Vela´ zquez Young (AK) Conyers Holden Mollohan The SPEAKER pro tempore. Pursu- Cooper Holt Moore (KS) NOT VOTING—15 ant to clause 8 of rule XX, proceedings Costa Honda Moore (WI) Bishop (UT) Hunter Reyes Costello Hooley Moran (KS) Carson Jindal Rothman will resume on motions to suspend the Courtney Hoyer Moran (VA) Cubin Johnson, E. B. Snyder rules previously postponed. Cramer Hulshof Murphy (CT) Feeney McKeon Wilson (OH) Votes will be taken in the following Crenshaw Inglis (SC) Murphy, Patrick Hastert Paul Young (FL) Crowley Inslee Murphy, Tim order: Cuellar Israel Murtha ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Concurring in the Senate amendment Culberson Issa Musgrave The SPEAKER pro tempore (during to H.R. 327, by the yeas and nays; Cummings Jackson (IL) Myrick the vote). Members are advised there H.R. 1808, by the yeas and nays; Davis (AL) Jackson-Lee Nadler Davis (CA) (TX) Napolitano are 2 minutes remaining in this vote. H. Res. 680, by the yeas and nays. Davis (IL) Jefferson Neal (MA) The vote on H.R. 1955 will be taken Davis (KY) Johnson (GA) Neugebauer b 1449 Davis, David Johnson (IL) Nunes later today. Mr. HALL of New York changed his The first electronic vote will be con- Davis, Lincoln Johnson, Sam Oberstar Davis, Tom Jones (NC) Obey vote from ‘‘nay’’ to ‘‘yea.’’ ducted as a 15-minute vote. Remaining Deal (GA) Jones (OH) Olver So (two-thirds being in the affirma- DeFazio Jordan Ortiz electronic votes will be conducted as 5- tive) the rules were suspended and the minute votes. DeGette Kagen Pallone Delahunt Kanjorski Pascrell Senate amendment was concurred in. f DeLauro Kaptur Pastor The result of the vote was announced Dent Keller Payne as above recorded. JOSHUA OMVIG VETERANS Diaz-Balart, L. Kennedy Pearce Diaz-Balart, M. Kildee Pence A motion to reconsider was laid on SUICIDE PREVENTION ACT Dicks Kilpatrick Perlmutter the table. The SPEAKER pro tempore. The un- Dingell Kind Peterson (MN) Doggett King (IA) Peterson (PA) f finished business is the vote on the mo- Donnelly King (NY) Petri tion to suspend the rules and concur in Doolittle Kingston Pickering CHARLIE NORWOOD DEPARTMENT the Senate amendment to the bill, H.R. Doyle Kirk Pitts Drake Klein (FL) Platts OF VETERANS AFFAIRS MED- 327, on which the yeas and nays were Dreier Kline (MN) Poe ICAL CENTER ordered. Duncan Knollenberg Pomeroy The Clerk read the title of the bill. Edwards Kucinich Porter The SPEAKER pro tempore. The un- The SPEAKER pro tempore. The Ehlers Kuhl (NY) Price (GA) finished business is the vote on the mo- Ellison LaHood Price (NC) tion to suspend the rules and pass the question is on the motion offered by Ellsworth Lamborn Pryce (OH) the gentleman from California (Mr. Emanuel Lampson Putnam bill, H.R. 1808, on which the yeas and FILNER) that the House suspend the Emerson Langevin Radanovich nays were ordered. rules and concur in the Senate amend- Engel Lantos Rahall The Clerk read the title of the bill. English (PA) Larsen (WA) Ramstad The SPEAKER pro tempore. The ment to the bill, H.R. 327. Eshoo Larson (CT) Rangel The vote was taken by electronic de- Etheridge Latham Regula question is on the motion offered by vice, and there were—yeas 417, nays 0, Everett LaTourette Rehberg the gentleman from California (Mr. Fallin Lee Reichert not voting 15, as follows: FILNER) that the House suspend the Farr Levin Renzi rules and pass the bill, H.R. 1808. [Roll No. 987] Fattah Lewis (CA) Reynolds Ferguson Lewis (GA) Richardson This will be a 5-minute vote. YEAS—417 Filner Lewis (KY) Rodriguez The vote was taken by electronic de- Abercrombie Bartlett (MD) Bono Flake Linder Rogers (AL) vice, and there were—yeas 417, nays 0, Ackerman Barton (TX) Boozman Forbes Lipinski Rogers (KY) Aderholt Bean Boren Fortenberry LoBiondo Rogers (MI) not voting 15, as follows: Akin Becerra Boswell Fossella Loebsack Rohrabacher [Roll No. 988] Alexander Berkley Boucher Foxx Lofgren, Zoe Ros-Lehtinen Allen Berman Boustany Frank (MA) Lowey Roskam YEAS—417 Altmire Berry Boyd (FL) Franks (AZ) Lucas Ross Abercrombie Bachus Berman Andrews Biggert Boyda (KS) Frelinghuysen Lungren, Daniel Roybal-Allard Ackerman Baird Berry Arcuri Bilbray Brady (PA) Gallegly E. Royce Aderholt Baker Biggert Baca Bilirakis Brady (TX) Garrett (NJ) Lynch Ruppersberger Akin Baldwin Bilbray Bachmann Bishop (GA) Braley (IA) Gerlach Mack Rush Alexander Barrett (SC) Bilirakis Bachus Bishop (NY) Broun (GA) Giffords Mahoney (FL) Ryan (OH) Allen Barrow Bishop (GA) Baird Blackburn Brown (SC) Gilchrest Maloney (NY) Ryan (WI) Altmire Bartlett (MD) Bishop (NY) Baker Blumenauer Brown, Corrine Gillibrand Manzullo Salazar Andrews Barton (TX) Blackburn Baldwin Blunt Brown-Waite, Gingrey Marchant Sali Arcuri Bean Blumenauer Barrett (SC) Boehner Ginny Gohmert Markey Sa´ nchez, Linda Baca Becerra Blunt Barrow Bonner Buchanan Gonzalez Marshall T. Bachmann Berkley Boehner

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28002 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 Bonner Filner Linder Rogers (AL) Sherman Turner Baird Doolittle King (NY) Bono Flake Lipinski Rogers (KY) Shimkus Udall (CO) Baker Doyle Kingston Boozman Forbes LoBiondo Rogers (MI) Shuler Udall (NM) Baldwin Drake Kirk Boren Fortenberry Loebsack Rohrabacher Shuster Upton Barrett (SC) Dreier Klein (FL) Boswell Fossella Lofgren, Zoe Ros-Lehtinen Simpson Van Hollen Barrow Duncan Kline (MN) Boucher Foxx Lowey Roskam Sires Vela´ zquez Bartlett (MD) Edwards Knollenberg Boustany Frank (MA) Lucas Ross Skelton Visclosky Barton (TX) Ehlers Kucinich Boyd (FL) Franks (AZ) Lungren, Daniel Rothman Slaughter Walberg Bean Ellison Kuhl (NY) Boyda (KS) Frelinghuysen E. Roybal-Allard Smith (NE) Walden (OR) Becerra Ellsworth LaHood Brady (PA) Gallegly Lynch Royce Smith (NJ) Walsh (NY) Berkley Emanuel Lamborn Brady (TX) Garrett (NJ) Mack Ruppersberger Smith (TX) Walz (MN) Berman Emerson Lampson Braley (IA) Gerlach Mahoney (FL) Rush Smith (WA) Wamp Berry Engel Langevin Broun (GA) Giffords Maloney (NY) Ryan (OH) Solis Wasserman Biggert English (PA) Lantos Brown (SC) Gilchrest Manzullo Ryan (WI) Souder Schultz Bilbray Eshoo Larsen (WA) Brown, Corrine Gillibrand Marchant Salazar Space Waters Bilirakis Etheridge Larson (CT) Brown-Waite, Gingrey Markey Sali Spratt Watson Bishop (GA) Everett Latham Ginny Gohmert Marshall Sa´ nchez, Linda Stark Watt Bishop (NY) Fallin LaTourette Buchanan Gonzalez Matheson T. Stearns Waxman Blackburn Farr Lee Burgess Goode Matsui Sanchez, Loretta Stupak Weiner Blumenauer Fattah Levin Burton (IN) Goodlatte McCarthy (CA) Sarbanes Sullivan Welch (VT) Blunt Ferguson Lewis (CA) Butterfield Gordon McCarthy (NY) Saxton Sutton Weldon (FL) Boehner Filner Lewis (GA) Buyer Granger McCaul (TX) Schakowsky Tancredo Weller Bono Flake Lewis (KY) Calvert Graves McCollum (MN) Schiff Tanner Westmoreland Boozman Forbes Linder Camp (MI) Green, Al McCotter Schmidt Tauscher Wexler Boren Fortenberry Lipinski Campbell (CA) Green, Gene McCrery Schwartz Taylor Whitfield Boswell Fossella LoBiondo Cannon Grijalva McDermott Scott (GA) Terry Wicker Boucher Foxx Loebsack Cantor Hall (NY) McGovern Scott (VA) Thompson (CA) Wilson (NM) Boustany Frank (MA) Lofgren, Zoe Capito Hall (TX) McHenry Sensenbrenner Thompson (MS) Wilson (SC) Boyd (FL) Franks (AZ) Lowey Capps Hare McHugh Serrano Thornberry Wolf Boyda (KS) Frelinghuysen Lucas Capuano Harman McIntyre Sessions Tiahrt Woolsey Brady (PA) Gallegly Lungren, Daniel Cardoza Hastert McMorris Sestak Tiberi Wu Brady (TX) Garrett (NJ) E. Carnahan Hastings (FL) Rodgers Shadegg Tierney Wynn Braley (IA) Gerlach Lynch Carney Hastings (WA) McNerney Shays Towns Yarmuth Broun (GA) Giffords Mack Carter Hayes McNulty Shea-Porter Tsongas Young (AK) Brown (SC) Gilchrest Mahoney (FL) Castle Heller Meek (FL) Brown, Corrine Gillibrand Maloney (NY) Castor Hensarling Meeks (NY) NOT VOTING—15 Brown-Waite, Gingrey Manzullo Chabot Herseth Sandlin Melancon Bishop (UT) Herger Paul Ginny Gohmert Marchant Chandler Higgins Mica Carson Hunter Reyes Buchanan Gonzalez Markey Clarke Hill Michaud Cubin Jindal Snyder Burgess Goode Marshall Clay Hinchey Miller (FL) Feeney Johnson, E. B. Wilson (OH) Burton (IN) Goodlatte Matheson Cleaver Hinojosa Miller (MI) Gutierrez McKeon Young (FL) Butterfield Gordon Matsui Clyburn Hirono Miller (NC) Buyer Granger McCarthy (CA) Coble Hobson Miller, Gary ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Calvert Graves McCarthy (NY) Cohen Hodes Miller, George The SPEAKER pro tempore (during Camp (MI) Green, Al McCaul (TX) Cole (OK) Hoekstra Mitchell Campbell (CA) Green, Gene McCollum (MN) Conaway Holden Mollohan the vote). Members are advised there Cannon Grijalva McCotter Conyers Holt Moore (KS) are 2 minutes remaining in this vote. Cantor Gutierrez McCrery Cooper Honda Moore (WI) Capito Hall (NY) McDermott Costa Hooley Moran (KS) b 1458 Capps Hall (TX) McGovern Costello Hoyer Moran (VA) Capuano Hare McHenry Courtney Hulshof Murphy (CT) So (two-thirds being in the affirma- Cardoza Harman McHugh Cramer Inglis (SC) Murphy, Patrick tive) the rules were suspended and the Carnahan Hastert McIntyre Crenshaw Inslee Murphy, Tim bill was passed. Carney Hastings (FL) McMorris Crowley Israel Murtha Carter Hastings (WA) Rodgers Cuellar Issa Musgrave The result of the vote was announced Castle Hayes McNerney Culberson Jackson (IL) Myrick as above recorded. Castor Heller McNulty Cummings Jackson-Lee Nadler A motion to reconsider was laid on Chabot Hensarling Meek (FL) Davis (AL) (TX) Napolitano the table. Chandler Herger Meeks (NY) Davis (CA) Jefferson Neal (MA) Clarke Herseth Sandlin Melancon Davis (IL) Johnson (GA) Neugebauer f Clay Higgins Mica Davis (KY) Johnson (IL) Nunes Cleaver Hill Michaud Davis, David Johnson, Sam Oberstar Clyburn Hinchey Miller (FL) Davis, Lincoln Jones (NC) Obey CONDEMNING THE ACTIONS OF Coble Hinojosa Miller (MI) Davis, Tom Jones (OH) Olver SEPTEMBER 7, 2007, RESULTING Cohen Hirono Miller (NC) Deal (GA) Jordan Ortiz IN DAMAGE TO THE VIETNAM Cole (OK) Hobson Miller, Gary DeFazio Kagen Pallone VETERANS WAR MEMORIAL Conaway Hodes Miller, George DeGette Kanjorski Pascrell Conyers Hoekstra Mitchell Delahunt Kaptur Pastor The SPEAKER pro tempore. The un- Cooper Holden Mollohan DeLauro Keller Payne finished business is the vote on the mo- Costa Holt Moore (KS) Dent Kennedy Pearce Costello Honda Moore (WI) Diaz-Balart, L. Kildee Pence tion to suspend the rules and agree to Courtney Hooley Moran (KS) Diaz-Balart, M. Kilpatrick Perlmutter the resolution, H. Res. 680, on which Cramer Hoyer Moran (VA) Dicks Kind Peterson (MN) the yeas and nays were ordered. Crenshaw Hulshof Murphy (CT) Dingell King (IA) Peterson (PA) Crowley Inglis (SC) Murphy, Patrick Doggett King (NY) Petri The Clerk read the title of the resolu- Cuellar Inslee Murphy, Tim Donnelly Kingston Pickering tion. Culberson Israel Murtha Doolittle Kirk Pitts The SPEAKER pro tempore. The Cummings Issa Musgrave Doyle Klein (FL) Platts question is on the motion offered by Davis (AL) Jackson (IL) Myrick Drake Kline (MN) Poe Davis (CA) Jackson-Lee Nadler Dreier Knollenberg Pomeroy the gentleman from California (Mr. Davis (IL) (TX) Napolitano Duncan Kucinich Porter FILNER) that the House suspend the Davis (KY) Jefferson Neal (MA) Edwards Kuhl (NY) Price (GA) rules and agree to the resolution, H. Davis, David Johnson (GA) Neugebauer Ehlers LaHood Price (NC) Davis, Lincoln Johnson (IL) Nunes Ellison Lamborn Pryce (OH) Res. 680. Davis, Tom Johnson, Sam Oberstar Ellsworth Lampson Putnam This will be a 5-minute vote. Deal (GA) Jones (NC) Obey Emanuel Langevin Radanovich The vote was taken by electronic de- DeFazio Jones (OH) Olver Emerson Lantos Rahall vice, and there were—yeas 418, nays 0, DeGette Jordan Ortiz Engel Larsen (WA) Ramstad Delahunt Kagen Pallone English (PA) Larson (CT) Rangel not voting 14, as follows: DeLauro Kanjorski Pascrell Eshoo Latham Regula [Roll No. 989] Dent Kaptur Pastor Etheridge LaTourette Rehberg Diaz-Balart, L. Keller Payne Everett Lee Reichert YEAS—418 Diaz-Balart, M. Kennedy Pearce Fallin Levin Renzi Abercrombie Alexander Arcuri Dicks Kildee Pence Farr Lewis (CA) Reynolds Ackerman Allen Baca Dingell Kilpatrick Perlmutter Fattah Lewis (GA) Richardson Aderholt Altmire Bachmann Doggett Kind Peterson (MN) Ferguson Lewis (KY) Rodriguez Akin Andrews Bachus Donnelly King (IA) Peterson (PA)

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28003 Petri Saxton Thornberry tual incorporation in the Kimberling Creek nally, the rule provides one motion to Pickering Schakowsky Tiahrt Wilderness, to establish the Seng Mountain recommit with or without instructions. Pitts Schiff Tiberi and Bear Creek Scenic Areas, to provide for Platts Schmidt The bill before us today, H.R. 1011, Tierney the development of trail plans for the wilder- Poe Schwartz designates 43,000 acres as wilderness Towns ness areas and scenic areas, and for other Pomeroy Scott (GA) Tsongas purposes. All points of order against consid- and nearly 12,000 acres as national sce- Porter Scott (VA) Turner nic areas in the Jefferson National For- Price (GA) Sensenbrenner Udall (CO) eration of the bill are waived except those Price (NC) Serrano est in southwestern Virginia. The areas Udall (NM) arising under clause 9 or 10 of rule XXI. The Pryce (OH) Sessions Upton amendment in the nature of a substitute rec- in the Jefferson National Forest that Putnam Sestak ommended by the Committee on Natural Re- are protected by this bill are some of Radanovich Shadegg Van Hollen ´ Rahall Shays Velazquez sources now printed in the bill shall be con- the most beautiful areas of the coun- Ramstad Shea-Porter Visclosky sidered as adopted. The bill, as amended, try. The areas offer numerous rec- Rangel Sherman Walberg shall be considered as read. All points of reational activities, including fishing, Regula Shimkus Walden (OR) order against provisions of the bill, as Rehberg Shuler Walsh (NY) amended, are waived. The previous question hunting, hiking, camping, canoeing, Reichert Shuster Walz (MN) shall be considered as ordered on the bill, as horseback riding and skiing. These Renzi Simpson Wamp amended, to final passage without inter- areas are virtually priceless and pro- Reynolds Sires Wasserman vening motion except: (1) one hour of debate vide much-needed opportunities for Richardson Skelton Schultz Rodriguez Slaughter Waters equally divided and controlled by the chair- visitors and families to spend time in Rogers (AL) Smith (NE) Watson man and ranking minority member of the the great outdoors and enjoying Amer- Rogers (KY) Smith (NJ) Watt Committee on Natural Resources; (2) the ica’s natural beauty. Rogers (MI) Smith (TX) Waxman amendment printed in the report of the Com- Rohrabacher Smith (WA) H.R. 1011 ensures that critical habi- Weiner mittee on Rules, if offered by Representative tat for bears, song birds, wild turkeys, Ros-Lehtinen Solis Welch (VT) Goodlatte of Virginia or his designee, which Roskam Souder Weldon (FL) brook trout, and other species, in addi- Ross Space shall be in order without intervention of any Weller tion to preserving countless stands of Rothman Spratt point of order (except those arising under Westmoreland Roybal-Allard Stark clause 9 or 10 of rule XXI) or demand for divi- old growth, a 45-foot cascading water- Wexler Royce Stearns sion of the question, shall be considered as fall, and breathtaking scenic views Whitfield Ruppersberger Stupak read, and shall be separately debatable for that encompass wide areas. Preserving Rush Sullivan Wicker Wilson (NM) ten minutes equally divided and controlled this habitat is also critical for the Ryan (OH) Sutton by the proponent and an opponent; and (3) Ryan (WI) Tancredo Wilson (SC) economy, as tourism is the fattest one motion to recommit with or without in- Salazar Tanner Wolf growing industry in the region. structions. Sali Tauscher Woolsey Each of these areas contained in H.R. Sa´ nchez, Linda Taylor Wu SEC. 2. During consideration of H.R. 1011 T. Terry Wynn pursuant to this resolution, notwithstanding 1011 were either recommended as part Sanchez, Loretta Thompson (CA) Yarmuth the operation of the previous question, the of the Jefferson National Forest plan Sarbanes Thompson (MS) Young (AK) Chair may postpone further consideration of or have been endorsed by the relevant NOT VOTING—14 the bill to such time as may be designated by county boards of supervisors in the the Speaker. Bishop (UT) Hunter Reyes local areas. The bill has broad bipar- Bonner Jindal Snyder The SPEAKER pro tempore. The gen- tisan support from five other Rep- Carson Johnson, E. B. Wilson (OH) tleman from California is recognized resentatives from Virginia, both Vir- Cubin McKeon Young (FL) for 1 hour. Feeney Paul ginia Senators, Governor Tim Kaine Mr. CARDOZA. Mr. Speaker, for the and four county boards of supervisors. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE purposes of debate only, I yield the cus- Local businesses and State organiza- The SPEAKER pro tempore (during tomary 30 minutes to the gentleman tions, faith groups, the International the vote). Members are advised there from Texas, my friend, Mr. SESSIONS. Mountain Bicycling Association and are 2 minutes left in this vote. All time yielded during the consider- local bear hunters also support this b 1505 ation of the rule is for debate only. bill. GENERAL LEAVE Finally, I would like to thank Chair- So (two-thirds being in the affirma- Mr. CARDOZA. Mr. Speaker, I ask man RAHALL and Mr. BOUCHER for their tive) the rules were suspended and the unanimous consent that all Members dedication and hard work in bringing resolution was agreed to. have 5 legislative days within which to this legislation to the floor today so The result of the vote was announced revise and extend their remarks on that we can ensure that America’s as above recorded. House Resolution 763. most treasured resources are protected A motion to reconsider was laid on The SPEAKER pro tempore. Is there once again for future generations. the table. objection to the request of the gen- Mr. Speaker, I reserve the balance of Stated for: tleman from California? my time. Mr. BONNER. Mr. Speaker, due to an error, There was no objection. Mr. SESSIONS. I thank the gen- I failed to cast a vote on rollcall 939. Had I Mr. CARDOZA. Mr. Speaker, I yield tleman from California for yielding me cast a vote, I would have voted ‘‘yea’’ on roll- myself such time as I may consume. time. call 989. House Resolution 763 provides for Mr. Speaker, I rise in opposition to f consideration of H.R. 1011, the Virginia this structured rule and to a number of PROVIDING FOR CONSIDERATION Ridge and Valley Act of 2007, under a provisions included in the underlying OF H.R. 1011, VIRGINIA RIDGE structured rule. The rule provides for 1 provision in its current form. I oppose AND VALLEY ACT OF 2007 hour of general debate equally divided this legislation because it substitutes Mr. CARDOZA. Mr. Speaker, by di- and controlled by the chairman and the deliberate and long-studied rec- rection of the Committee on Rules, I ranking member of the Committee on ommendation of well-trained Forest call up House Resolution 763 and ask Natural Resources. Service professionals with a purely po- The rule makes in order the sub- for its immediate consideration. litical congressional action by desig- The Clerk read the resolution, as fol- stitute reported by the Committee on nating 27,000 additional acres, which lows: Natural Resources and makes in order are land in the Forest Service today, as the amendment from the gentleman wilderness, beyond the Forest Service H. RES. 763 from Virginia (Mr. GOODLATTE), the recommendation of 16,000 acres in Resolved, That upon the adoption of this only amendment which was submitted southwestern Virginia’s Jefferson Na- resolution it shall be in order to consider in to the Committee on Rules for consid- tional Forest. the House the bill (H.R. 1011) to designate ad- ditional National Forest System lands in the eration on this rule. This means that despite having spent State of Virginia as wilderness or a wilder- The rule waives all points of order millions of congressionally appro- ness study area, to designate the Kimberling against consideration of the bill, ex- priated tax dollars and investing tens Creek Potential Wilderness Area for even- cept for clause 9 and 10 of rule XXI. Fi- of thousands in on-the-ground Federal

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28004 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 employee hours on studying this issue, number of our Nation’s most vulner- plate and to be there for them. The the Democrat leadership will simply able populations such as the elderly firefighters are doing their share. The override the Forest Service’s well-rea- and disabled will be effectively pre- people are acting in a very responsible soned decision to force this additional vented from accessing and enjoying way in the evacuations. The local gov- acreage into wilderness status. This this piece of America under this bill. It ernment is doing well, according to also, despite the fact that many of the absolutely makes no sense, Mr. Speak- what the Governor says and, of course, areas proposed in this legislation do er. the State of California has this as an not meet the standards of the 1964 Wil- I’m sorry we’re having to be on the emergency of the highest, highest derness Act, including roads, utility floor today to take this position, be- order. So far they have been able to corridors, mountain biking areas, and a cause the Republican Party is in favor avail themselves of whatever is avail- Federal Aviation Administration of our national parks, is in favor of able from the Federal Government. We tower. These should not be considered people utilizing our national parks, and may have to expand on that if the fires within wilderness area, and yet, today, we view these areas as very historic continue to rage. that’s exactly what is happening. areas that we want to preserve and But to those who have suffered per- Today’s bill makes private land- make right and keep them. sonal losses, whether it’s the loss of a Mr. Speaker, this is bad public pol- owners to the area vulnerable to the loved one, personal injury, loss of their icy. I oppose this structured rule and Jefferson National Forest Plan ulti- homes and their communities, I extend the underlying legislation. mate goal of obtaining all private the deepest sympathy and the fullest lands within these expanded wilderness I reserve the balance of my time. Mr. CARDOZA. Mr. Speaker, I yield 1 support as Speaker of the House of boundaries, including 722 total acres of minute to the gentlewoman from Cali- Representatives. outstanding privately held mineral fornia, an esteemed environmentalist With that, again, I urge my col- rights. and champion for our national re- leagues to support Mr. BOUCHER’s bi- What is even worse is that thousands sources, the Speaker of the House, Ms. partisan legislation to protect the Vir- of acres in this proposed wilderness PELOSI. ginia wilderness, and in advance of any area are at high risk for wildfire and Ms. PELOSI. Mr. Speaker, I thank needs that we may have for the require mechanical thinning for proper the gentleman for yielding, and I thank wildfires in California, inform my col- fire risk mitigation. Many of these him for bringing this rule to the floor leagues of the extent of the damage areas are next to the small commu- that will enable us to vote for this im- that we know to date and the need that nities that will be placed at even great- portant bipartisan bill which has broad we have for support. This compact be- er risk of catastrophic wild fires if this support, H.R. 1011, the Virginia Ridge tween the people and the Federal Gov- land is not managed properly. and Valley Act of 2007. ernment is never called upon more b 1515 I commend our colleague, Mr. BOU- strongly than in time of a natural dis- CHER, for his persistent and relentless So even as the threat posed by aster of this kind. leadership on this legislation. In ad- wildfires to American communities all Mr. SESSIONS. Mr. Speaker, I appre- vancing this, Mr. BOUCHER, you have across this country is fresh on our ciate the gentlewoman from Califor- advanced the cause of protecting our nia’s words about the tragedies that minds, as we watch with great concern existing wilderness, and all of us who and sympathy the unbelievable damage are occurring. Not only for the past few care about the wilderness and our park days, but also, as always, anytime these wildfires are inflicting on South- lands are deeply in your debt. ern California, nonetheless, the Demo- there’s a wildfire, people who get in the As we come to the floor, though, way, the brave men and women of the crat leadership of this House has de- today, Mr. Speaker, I do want to call cided that the best course of action is National Park Service and others who additional attention of my colleagues go to help fight those fires, I know the to extremely limit and outright pro- that as we gather here this afternoon, hibit commonsense reduction activities Nation is at this time very focused on wildfires are raging in my home State the lives and the property and the ef- across this Jefferson National Forest of California. The President has de- fort that is going on in California. in Virginia. clared an emergency. I hope that it will Besides the private land owners and be limited to that. But the way the fire With great respect, I too, join the homeowners adjacent to this land, is raging, I’m afraid it may come to the gentlewoman from California for ex- other losers created by this legislation point of a major disaster. The Governor pressing our sincere appreciation for include a number of animal species of California, Governor Schwarzeneg- the firefighters who are trying to bat- covered by the Endangered Species ger, has just reported that 750 homes tle and save the property and the lives Act, including bats and bears. Cur- have been totally destroyed, 68,000 in California. rently, several of the proposed wilder- homes are endangered; 250,000 acres of Mr. Speaker, for perhaps the same ness areas added by this legislation are land, an area the size of the entire City reason that the gentlewoman from professionally managed to maintain of New York, has been devastated by California has come down to join in threatened endangered and sensitive the fire, much of it wilderness areas. this discussion today, perhaps with an species habitat. By passing the legisla- And in addition to that, 365,000 people opposite result, I, too, am down on the tion under this rule, Congress will be have been evacuated from their homes. floor to talk about how wise manage- preventing the Forest Service from In any consideration of what is hap- ment of our natural resources, of our using the equipment that they need to pening there, it’s very important to sa- Parks Service, is important. You don’t comply with the Endangered Species lute our firefighters for their courage have to go back really as far as Teddy Act. and their tireless, tireless effort to end Roosevelt to understand what Teddy This makes no sense, Mr. Speaker. It this fire, which is a tough battle be- Roosevelt saw, that this great Nation makes absolutely no sense why this cause of the winds and, hopefully, they had the abundance of beautiful wood- new Democrat majority throws aside will die down soon. It is possible that if lands, hills, mountains, streams, the not only the expressed opportunities the fire continues to rage, we may have acreage included within that, the beau- that the Forest Service have given us to appeal to the President to declare tiful animals, the birds, the fish, the to understand proper management, but this a major disaster and therefore wolves that were a part of our land- they will override professionals who eliminate any capping of support that scape. And that’s why national parks have studied this and do this for a liv- we would have for California, and that were created. National parks were cre- ing. would have implications, as we know, ated with an opportunity for the Fed- Perhaps worst of all, Mr. Speaker, be- for other fires that may occur in our eral Government to have a chance to cause this draconian ‘‘wilderness’’ des- country. allow people to come and see this great ignation prevents any road or trails So this is when the American people country, to see the beautiful country from being improved in these areas, a look to government to step up to the that we had.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28005 As a young man growing up and I think it’s also a bad idea any time this time of need, calling on those in scouting, I remember well the oppor- politicians in Washington, D.C. for po- the grocer industry and a wide range of tunity that I had to not only visit na- litical purposes decide to overrule com- others coming in and providing water, tional parks, but a chance to get what mon sense. diapers, baby formula, other foodstuffs is called the Forestry Merit Badge. And Mr. Speaker, at this time I would that are necessary for those who have even back in 1965 or 1966, when I was re- like to yield 5 minutes to the ranking been evacuated and those who are en- ceiving this badge, I remember, this is member of the Rules Committee, the gaged in firefighting is something that not the term that was used, best prac- gentleman from San Dimas, California has really been remarkable, as our tices, but one has become used as a (Mr. DREIER). Governor just said. term of best practice and that is, wise Mr. DREIER. Mr. Speaker, I thank And, Mr. Speaker, I have to tell you management of our forests to not only my friend from Dallas for yielding. that one of the things that I have been sustain them, but to protect them, and Mr. Speaker, I come to the well for struck with is that, while some people to protect the animals and all that the exact same reason that our Cali- try to make things like this partisan, lives and counts on that forest sur- fornia colleague, the distinguished we are coming together as a State dele- viving. We’ve learned these wise man- Speaker of the House, Ms. PELOSI, has gation to deal with this. As I said, a agement techniques, not just in scout- taken time, and that is to talk about number of our colleagues have already ing to get the Forestry Merit Badge, what many have described as probably gone to California. I know some mem- but we have learned them through the the worst fire that has ever hit South- bers of the San Diego delegation, be- years. We’ve learned that sometimes ern California. cause that area has been hit particu- I was just talking to the dean of our unwise management and doing things larly hard, have already gone. delegation, Mr. LEWIS, who is going to to our park system, in fact, caused So, Mr. Speaker, I would simply like be returning to California. I know a more damage than it did good. to express my appreciation to those number of our colleagues have gone I remember back with the fires that who are on the front lines and to say, now. He represents the Lake Arrow- we had in Yellowstone, how the Na- as our Governor has, again, we have all tional Park Service said just let it head area where Governor come together to try to provide assist- burn, it is a fire created by an act of Schwarzenegger and other elected offi- ance, and the one thing we need to do God. But they really, as a result of cials are looking at this situation. now is pray for an improvement in that, learned that they had to learn a As the Speaker pointed out, 365,000 both the wind and create the potential better practice to save millions of people have been evacuated from their for some rain, if that’s at all possible, acres and millions of animals that homes, and literally hundreds of thou- to help provide some kind of relief, and could be destroyed. sands of acres have been burned. And to again state that at this time of dis- Well, part of that best practice is Mr. LEWIS just reminded me that one what the National Park Service is at- of the things that we can be extraor- aster we want every level of govern- tempting to do right now and has been dinarily grateful for is that we have ment as well as individuals to continue attempting to do in this national park been able to learn from previous fires to work together, and I am convinced today. It is against their recommenda- how to deal with this. For example, that we will be able to. tion that politically we override the we’ve had an increase in the number of Mr. CARDOZA. Mr. Speaker, I would best practices, the best thoughts and what are known as the Mobile Airborne like to say that I share the comments ideas that people have who manage our Firefighting System aircraft, the of our prior speakers. Both the Speaker park system, who do see the balance, MAFS, which are going to be coming of the House and the gentleman from who are there every day with the care- from other States. And we, as Califor- California spoke eloquently about the ful consideration. nians, are very grateful for the fact disasters that are happening in our By designating this area, an exten- that other States are working with us home State. It is certainly a time of sive amount of area, as wilderness, it to deal with California’s challenge in great need and a great need for us to means that arbitrarily, we’re taking this time of need. come together to figure out how we something that would never qualify There are other environmental issues proceed from here to battle this rage. under the intended statutes and add it with which we’ve had to contend, the I see Mr. LEWIS in the audience, and in. I think this is unwise. This is how bark beetle that Mr. LEWIS just men- I have been to his district at a hearing you do have problems. This is how you tioned, and making sure that we are about this very topic, and I know the do have fires that burn out of control able to go in and clean up areas which serious nature of some of the forest when you’re not able to come in and create the potential for fire. And so management issues that are around his protect the forest properly as a result we’ve learned a lot from the horrible district and we have discussed it on nu- of this designation. This is how you circumstances that we have faced in merous occasions. And our sympathies have problems when you’re not able to the past. And I’m convinced, Mr. are with you and those of your con- take care of the endangered species Speaker that we will, in fact, learn stituents, Mr. LEWIS. that are in there and properly protect from this tragedy as well. At this time, Mr. Speaker, I would them, because it will have that wilder- Our thoughts and prayers are with like to yield 4 minutes to the gen- ness designation. those who have lost their homes. And if tleman from Virginia (Mr. MORAN). And so with great respect for the there is any kind of silver lining, when Mr. MORAN of Virginia. Mr. Speak- same purpose that the gentlewoman you think about the fact that 365,000 er, I thank my colleague Mr. CARDOZA from California came to notify us and people have been evacuated, hundreds from California for yielding. to remember what America’s paying of thousands of acres, countless struc- I also want to express solidarity with attention to today, the wildfires in tures in the hundreds have been oblit- the concerns and expressions of sym- California, I would say we need that erated, and yet the report now is that pathy expressed by the Speaker for the same sort of vision to avoid what could there is only one loss of life. And obvi- residents of California who are so af- be in the time of drought or in the time ously there are a number of firefighters flicted by this terribly uncontrollable of misdeed because of perhaps a light- who have been injured. According to a act of nature. I know the entire Con- ning storm, something that’s an unin- report I just saw on the television, an- gress, if they had the opportunity, tended consequence, and that is to take other 25 individuals have been injured, would want to stand up and speak out this area and to move it into wilder- and our thoughts and prayers are with on behalf of those very same senti- ness means that it will not receive or them. But we are very grateful for ments. be able to receive the same kind of reg- those who have stepped up. We hope they can get that fire under ular work that happens to protect control and that the people that have these wilderness areas and national b 1530 been displaced are able to find other parks from destruction of a fire. I Governor Schwarzenegger just, Mr. housing and some safety. It’s certainly think it’s a bad idea. Speaker, talked about the fact that at one of the worst natural disasters.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28006 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 None of us can imagine what it would resources in the delineated areas in a money for managing the forests. We be like to be in the line of fire. manner that is generally similar to the also should talk to our constituents Mr. Speaker, my primary purpose for protections wilderness status affords. about the fact that when faced with a rising today is to express support for By finding consensus, this bill has won fire tragedy, the first thing that all of the legislation that has been intro- the endorsement of all the local gov- our people should do is to respond to duced by my good friend and Virginia ernments and the counties that it those warnings that suggest, when they colleague Congressman RICK BOUCHER. would affect. It is supported by a broad are called to evacuate, to evacuate. It’s an extraordinary proposal for what array of businesses and chambers of One life lost is too many, and the dan- it accomplishes in the way of conserva- commerce and enjoys broad support ger of attempting to overcome a fire tion and wilderness protection but also from conservation organizations. near your home, indeed, is a critical for the collaborative effort it rep- So I encourage all of my colleagues decision. I would urge all of our citi- resents to bring different public land on both sides of the aisle to support zens who are faced with this difficulty uses together to the table and craft a this bill. It’s a fine bill, and I congratu- to respond to those calls for evacu- proposal that almost everybody can late Mr. BOUCHER for bringing it for- ation. and does support. In fact, Republican ward. With that, I appreciate very much Senator JOHN WARNER, the dean of our Mr. SESSIONS. Mr. Speaker, as the my colleagues’ response to our tragedy delegation, has sponsored it over on entire country is focused upon Cali- and I appreciate very much their help. the Senate side. fornia fires, the disasters that are oc- Mr. CARDOZA. Mr. Speaker, I yield The Virginia Ridge and Valley Act curring and the heroic efforts of the myself such time as I may consume. will protect nearly 43,000 acres of the firefighters, the people who live in I just wish to again give my deepest Jefferson National Forest in south- California are working together, com- condolences to the folks who have lost western Virginia as wilderness or wil- munity activities, the entire country their property in your district, Mr. derness study areas and another 12,000 has been called into action. And I’m LEWIS. As you have said, we have trav- acres as scenic areas. sure every single one of us, as not only eled there and had hearings, and, Today, wilderness designations are Members of Congress but just as proud frankly, with all the dry timber that often very controversial. That’s be- Americans, want to respond in a way was left behind there, we were fearful cause our public lands are visited more that is appropriate. that that would have happened a cou- frequently by a much more diverse and The gentleman who represents a vast ple of years ago, and I understand it’s engaged public, a public that now holds area that is included within those happening as we speak. And hopefully very different views oftentimes and ex- wildfires is with us now. He’s the gen- we will not lose any more lives. And pectations on how the public land tleman from California (Mr. LEWIS). I our hopes and prayers are with the peo- should be used. As a result, we have would like to yield him 10 minutes at ple that habitat that region in and seen fewer and fewer wilderness des- this time. around Lake Arrowhead. ignations work their way through Con- Mr. LEWIS of California. Mr. Speak- With regard to the bill at hand, H.R. gress. That’s unfortunate because sav- er, I very much appreciate my col- 1011, I would just like to say, as has ing some of our last pristine public league’s yielding me the time. been said before, that this measure is lands from resource extraction is an I will not use anywhere near 10 min- supported by the members of the Vir- obligation and should, in fact, be a leg- utes. But let me say that my col- ginia delegation. We will be offering, acy we can pass on to future genera- leagues have already expressed their the gentleman from Virginia (Mr. tions. support for the phenomenal work that GOODLATTE), the only amendment that My colleague from Virginia, however, has taken place over the recent years was proposed under this rule. It’s sup- is a very persistent colleague. And the as we have learned from past tragedies ported by all the local boards of super- time that he and the conservation com- like this. The law enforcement offi- visors as well as Senator WARNER, Gov- munity have invested to find middle cials, local government, the State peo- ernor Kaine. ground and build a consensus to sup- ple with the Forestry Service in Cali- And, in fact, we have listened to the port this legislation is a model that fornia, and the U.S. Forestry Service community. And Mr. SESSIONS is right. other conservation groups around the have been truly phenomenal. We have The local officials and local commu- country should look to to enact wilder- learned an awful lot. But I would men- nity leaders, citizens of a region should ness legislation. It can be done, but it tion two things. be consulted when we designate one of takes that kind of commitment, per- The first is that in terms of man- these wilderness areas. And, in fact, sistent dedication that Mr. BOUCHER aging our forests, we usually find our this bill does incorporate those sugges- has shown. way very quickly to develop those dol- tions and comments of the local com- This legislation will protect the sce- lars that are necessary following a fire munity. They desire this wilderness nic and undisturbed character of pris- to respond to the immediate tragedy. designation for their area. And it is tine areas of the Jefferson National Those dollars seem to flow almost upon truly going to be a national treasure. Forest. our call. The dollars that, on the other It already is, and it will be preserved Now, while all terrain and four- hand, are much more difficult are those for our children and for their children. wheel-drive vehicles are prohibited in that involve managing the forest long Mr. Speaker, I reserve the balance of the wilderness areas, recreational ac- term. It is so important that we recog- my time. tivities such as hunting, fishing, camp- nize that the U.S. Forestry Service Mr. SESSIONS. Mr. Speaker, I yield ing, canoeing, kayaking, swimming, does all that they can, but they know myself such time as I may consume to picnicking, backpacking, bird watch- full well that the great difficulty of close at this time. ing, horseback riding, cross-country getting the money for managing that Mr. Speaker, I will be asking Mem- skiing, snowshoeing, spelunking, rock which makes up the ground fire that bers to oppose the previous question so climbing, and so many other outdoor can destroy a forest, literally can oblit- that I may amend the rule to have activities are allowed and, in fact, en- erate this territory when we are look- Speaker PELOSI, in consultation with couraged. So it is not that the public ing, must be a part of our Federal re- Republican Leader BOEHNER, imme- can’t be fully and actively engaged in sponsibility. diately appoint conferees to H.R. 2642, enjoying this land. But motorized traf- There is little doubt that we will the Military Construction and Vet- fic will be permitted only in certain overcome this tragedy. Hundreds and erans Affairs Appropriations bill for circumstances in the 12,000 acres that hundreds of homes lost in my own dis- 2008. have been designated as national scenic trict in and around Lake Arrowhead, Yesterday a number of news publica- areas. California, tragedies for each of those tions, including Roll Call, reported This legislation, though, will protect families. But I would say beyond re- that the Democrat leadership intends the recreational, historic, and natural membering that we must find the to hold off sending appropriations bills

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28007 to President Bush so that they can use ganizations, but to every veteran who is de- man; Carl W. Swisher (OH), National an upcoming anticipated veto of the pendent on VA for timely access to quality Executive Committeeman; Charles E. Labor-HHS appropriations bill to serve health care, earned benefits, and other serv- Schmidt (OR), National Executive as ‘‘an extension of their successful ices provided by a grateful nation. Committeeman; Gerald N. Dennis (MI), Madam Speaker, the newest generation of National Executive Committeeman; public relations campaign on the State wartime veterans are reporting to VA med- Charles E. Langley (MS), National Ex- Children’s Health Insurance Program.’’ ical facilities every day as troops are return- ecutive Committeeman; Bob O. Beals While the Democrat leadership plays ing from deployments to Iraq and Afghani- (MT), National Executive Committee- politics on this issue, however, our Na- stan. Some will be determined to be service- man; Ron Gutzman (NV), National Ex- tion’s veterans are paying the price. connected disabled because of medical condi- ecutive Committeeman; William A. For every day that the Democrats tions incurred or aggravated while on active- Rakestraw, Jr. (NJ), National Execu- allow the veterans funding bill to lan- duty. Others may very well have invisible tive Committeeman; Paul Mitras (NY), guish without conferees for their own scars that need attention as soon as possible. National Executive Committeeman; As VA welcomes new patients, the existing Curtis O. Twete (ND), National Execu- political agenda, our Nation’s veterans patient population cannot be ignored nor tive Committeeman; Bobby J. lose $18.5 million, which could be used should their health care be rationed due to Longenbaugh (OK), National Executive for veterans health care, veterans limited available resources. There are vet- Committeeman; Alfred Pirolli (PA), housing, and other important support erans dependent on VA as their life-support National Executive Committeeman. activities for veterans and their fami- system. William J. Kelly (Philippines), National lies. The American Legion represents 2.6 mil- Executive Committeeman; Ernest I would like to repeat that. Every lion wartime veterans, but also speaks for Gerundio (RI), National Executive single day there is $18.5 million that is the 24 million veterans of the United States Committeeman; Paul A. Evenson (SD), Armed Forces and their families. National Executive Committeeman; lost for our veterans and their families. Please continue the appropriations proc- Ronald G. Cherry (TX), National Exec- On October 18, the American Legion ess—name conferees, convene the Conference utive Committeeman; Leslie V. Howe National Commander Marty J. Committee, and pass the Conference Report. (VT), National Executive Committee- Conaster, 5 national vice commanders, Sincerely, man; William F. Schrier (WA), Na- and all 55 Legion National Executive Marty Conatser, National Commander; tional Executive Committeeman; Ar- Committee members sent Speaker Thomas L. Burns, Jr. (DE), National thur D. Herbison (WI), National Execu- PELOSI a letter pleading with her to Vice Commander; Randall A. Fisher tive Committeeman; Carlos Orria-Me- put partisanship aside and provide this (KY), National Vice Commander; David dina (PR), National Executive Com- A. Korth (WI), National Vice Com- mitteeman; Billy W. Bell (SC), Na- funding now for our veterans and mander; James L. Van Horn (AK), Na- tional Executive Committeeman; Jen- troops. tional Executive Committeeman; Ross nings B. Loring (TN), National Execu- b 1545 Rogers (AK), National Executive Com- tive Committeeman; William E. mitteeman; Peggy G. Dettori (AK), Na- Christoffersen (UT), National Execu- At this time, I will insert this letter tional Vice Commander; Donald Hay- tive Committeeman; Rob R. Gordon, into the CONGRESSIONAL RECORD. den (MN), National Vice Commander; Jr. (VA), National Executive Com- THE AMERICAN LEGION, Floyd W. Turner (AL), National Execu- mitteeman; William W. Kile (WV), Na- Indianapolis, IN, October 18, 2007. tive Committeeman; Julius Maklary tional Executive Committeeman; ——— Hon. NANCY PELOSI, (AZ), National Executive Committee- ———, for Irvin A. Quick (WY), Na- Speaker, House of Representatives, man; James W. Hackney (CA), National tional Executive Committeeman. Washington, DC. Executive Committeeman. On the same day, the commander in DEAR SPEAKER PELOSI: Today ends the Fall Jeff Luginbuel (CO), National Executive chief of the Veterans of Foreign Wars, meeting of The American Legion’s National Committeeman; John J. Jackson (DE), Executive Committee, at The American Le- National Executive Committeeman; George Lisicki, also asked Speaker gion’s National Headquarters in Indianap- Robert J. Proctor (FL), National Exec- PELOSI and the Democrat leadership to olis, Indiana. The National Executive Com- utive Committeeman; Ray Hendrix put partisanship aside for the benefit of mittee consists of an elected leader from (GA), National Executive Committee- our Nation’s veterans and troops. each of The American Legion’s 55 Depart- man; Cleve Rice (ID), National Execu- These pleas from the American Legion ments (50 States, the District of Columbia tive Committeeman; W. Darrell Hansel and the VFW follow on the heels of re- and four foreign countries). In accordance (IN), National Executive Committee- quests from Republican Members to with The American Legion’s National Con- man; David O. Warnken (KS), National both Speaker PELOSI and Democrat stitution and By-laws, the National Execu- Executive Committeeman; Charles D. tive Committee serves as The American Le- Aucoin (LA), National Executive Com- Senate Majority Leader HARRY REID on gion’s governing body. mitteeman; Dr. Gordon B. Browning September 17 and October 4 urging The National Commander Marty Conatser (MD), National Executive Committee- them to begin conference work on the briefed The National Executive Committee man; Richard W. Anderson (CT), Na- Veterans Appropriations bills. Unfortu- on an array of issues to include the status of tional Executive Committeeman; Paul nately, it appears as though all these the VA budget for FY 2008. The fiscal activi- H. lll, for Walter W. Norris (DC), commonsense requests have fallen on ties of the 110th Congress—the FY 2007 Con- National Executive Committeeman; deaf ears, and our Nation’s veterans tinuing Resolution, the Budget Resolution William E. Marshall (France), National are being forced to pay the price for for FY 2008, and the passage of the Military Executive Committeeman; Andrew W. Construction, Veterans’ Affairs and Related Johnson (HI), National Executive Com- continued Democrat partisanship and Agencies Appropriations for FY 2008 were re- mitteeman; Kenneth J. Trumbull (IL), lack of leadership on this issue. viewed. National Executive Committeeman; At this time, I will insert into the However, in trying to grasp why such a bi- Michael E. Wanser (IA), National Exec- CONGRESSIONAL RECORD these 2 letters partisan bill, which passed overwhelmingly utive Committeeman; Randall Coffman so that everyone watching today’s de- in both chambers, still hasn’t moved in over (KY), National Executive Committee- bate across the country can see the ef- a month is rather difficult, especially since man; Robert A. Owen (ME), National forts that have been made by the Re- the President has already said he would not Executive Committeeman; James F. publican Party to end this impasse on veto the bill, even though it exceeds his rec- Army (MA), National Executive Com- ommendations. Understanding why the ap- mitteeman. an important issue of providing ade- propriations process has come to a complete John E. Hayes (Mexico), National Execu- quate funding for those who have sac- halt is difficult. What is preventing the ap- tive Committeeman; Virgil V. Persing rificed so much on behalf of our coun- pointment of conferees, the Conference Com- (MN), National Executive Committee- try. mittee, or passage of a Conference Report? man; David N. Voyles (MO), National CONGRESS OF THE UNITED STATES, We are now in the new fiscal year with no Executive Committeeman; Michael J. Washington, DC, September 17, 2007. idea when the Mil Con-VA appropriations Landkamer (NE), National Executive OFFICE OF THE SPEAKER will be passed. If history repeats itself, this Committeeman; John E. Neylon (NH), U.S. Capitol, standoff may last well into the second quar- National Executive Committeeman; Washington, DC. ter of the fiscal year. This uncertainty is dis- Bruce Jorgensen (NM), National Execu- MADAM SPEAKER: We write to urge you in turbing to not only The American Legion tive Committeeman; Jerry L. Hedrick the strongest possible terms to reach a and other veterans’ and military service or- (NC), National Executive Committee- prompt agreement on the conference report

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28008 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 on the FY2008 Military Construction and all too often in Washington. If tragedies such pions of veterans issues. And to say Veterans Affairs Appropriations Act (H.R. as the recent revelations at Walter Reed that they want to now lay letters upon 2642). Few issues are more important than Army Medical Center are to be diverted in the table that they’re demanding of the adequate funding for our nation’s veterans. the future, we must pass veterans funding Speaker’s attention, we have been put- The leadership in the House cannot allow now. From FY 2001 the total VA budget rose this critically important funding to fall vic- from $48 billion to approximately $70 billion ting attention on this issue for a num- tim to the usual partisan wrangling which in FY 2006, a 46 percent increase. This year, ber of years. And not only are we tak- occurs all too often in Washington. the House voted to increase funding by $6 ing care of our veterans now for the Veterans should not be used as tools for billion dollars over FY07, one of the largest first time in 12 years, but we are tak- political bargaining and gamesmanship. in the 77 year history of the Department of ing care of it in a way that would sur- Both the House and Senate passed the FY08 Veterans Affairs. Because we have asked so prise them. And our Nation’s veterans MilCon-Veterans appropriations with over- much of our brave men and women in uni- are very grateful that we are finally whelming majorities because our commit- form during the War on Terror we must up- giving them the respect they deserve. ment to veterans rises above partisan squab- hold our commitment to veterans upon their And I will tell you that this House, bling. Tragedies such as the recent revela- return home. tions at Walter Reed Army Medical Center Earlier in the year, the new Majority by a vote of 409–2, passed the Veterans must never be repeated. The findings of in- agreed they would continue the trend of sig- appropriations bill. And, yes, we do sufficient care at Walter Reed and other fa- nificant increases in veterans funding begun need to go to conference; but we will do cilities should be seen by Congress as a man- by the Republican Congress. We ask you to that when the conferees are appointed date to finish the work and live up to the honor that agreement and see the commit- in the Senate, when it is appropriate to promises we have made to our veterans. ment we made to our veterans is upheld. do it. We have passed, this year, an ad- After decades of flat funding, total VA We must never forget the sacrifice of our ditional appropriation of $3.4 billion to budget rose from $48 billion in FY 2001 to ap- veterans. As members of Congress, we have a take care of our Nation’s veterans. We proximately $70 billion in FY 2006, a 46 per- solemn obligation to fulfill our promises to cent increase. This year, the House voted to them. We ask you to look past the height- will, in fact, make sure that all the increase funding by $6 billion dollars over ened partisanship of our times and unite us veterans are taken care of. In fact, on FY07, one of the largest in the 77 year his- on this issue by making it a first priority to November 11 of this year we will cele- tory of the Department of Veterans Affairs. bring a stand-alone veterans appropriations brate tremendous respect for our Na- Both the Senate and House versions received bill through conference so the Congress may tion’s veterans and will, in fact, do ev- overwhelming majority support passing by a present the President with a bill no later erything that we have promised to do, vote of 409–2 in the House and 92–1 in the than October 12, 2007. and more. Senate. Mr. Speaker, I will ask all of my col- We just saw today three bills taken Earlier in the year, the new Majority leagues to support this motion to de- up by the Veterans’ Committee to, in agreed they would continue the trend of sig- nificant increases in veterans funding begun feat the previous question so that we fact, take care of the needs of our Na- by the Republican Congress. We ask you to can put partisanship aside and move tion’s veterans. And I am highly of- honor that agreement and see that the com- this important legislation forward. fended by the insinuation that we are mitment we made to our veterans is hon- Mr. Speaker, this is a very important in some way acting in a partisan way ored. vote for each of the Members of Con- not to take care of our Nation’s vet- We must never forget the sacrifice of our gress to decide whether we are going to erans. veterans. As members of Congress, we have a move forward for the best interest of Mr. Speaker, with regard to H.R. solemn obligation to fulfill our promises to our military and veterans, or whether 1011, this bill is, in fact, an important them. We ask for you to look past the heightened partisanship of our times and we are going to play partisan politics. bill to protect the natural resources of unite us on this issue by making it a first I ask unanimous consent to insert the State of Virginia, a vital area for priority to quickly bring a stand alone Vet- the text of the amendment and extra- our country. Mr. BOUCHER and the dele- erans appropriations bill through conference neous material in the RECORD just gation from Virginia have done a fabu- so the Congress may present the President prior to the vote on the previous ques- lous job in crafting this proposal. It is with a bill by October 1, 2007. tion a bill that preserves tens of thousands We stand ready to assist you in reaching The SPEAKER pro tempore. Is there of acres of pristine wilderness in Jeffer- this goal. objection to the request of the gen- son National Forest. It is necessary tleman from Texas? that these beautiful, natural land- CONGRESS OF THE UNITED STATES, Washington, DC, October 4, 2007. There was no objection. scapes remain protected and untouched OFFICE OF THE SENATE MAJORITY LEADER, Mr. SESSIONS. Mr. Speaker, I yield so that they may be enjoyed by our U.S. Capitol, back the balance of my time. children and our grandchildren for Washington, DC. Mr. CARDOZA. Mr. Speaker, I yield years to come. It deserves the strong DEAR MAJORITY LEADER REID: We write myself such time as I may consume to support of all the Members on the floor today to ask you to keep the Senate in ses- close. today. sion the week of October 8, to help pass this Mr. Speaker, I want to start by say- That is the bill that we will be mov- year’s veterans appropriations. Now that we ing that I couldn’t disagree more with ing the previous question on. Mr. are already into the new fiscal year, it is im- Speaker, I urge a ‘‘yes’’ vote on the perative that the House and Senate reach a the gentleman’s last comments. What I prompt agreement on the conference report heard just does not even make any rule and on the previous question. on the FY2008 Military Construction and sense to me, having spent the last 5 The material previously referred to Veterans Affairs Appropriations Act (H.R. years of my life sitting here watching by Mr. SESSIONS is as follows: 2642). this House debate veterans issues. AMENDMENT TO H. RES. 763 OFFERED BY MR. It is unfortunate the Senate has been un- The first 4 years that I was here, we SESSIONS OF TEXAS able to act upon many of its Constitu- saw the Republican Congress that was At the end of the resolution, add the fol- tionally mandated appropriations bills. in power at that time refuse to take up lowing: While the House continues to wait upon the SEC. 3. The House disagrees to the Senate Senate to complete its work, we call upon a number of measures that were amendment to the bill, H.R. 2642, making ap- you to quickly move veterans appropriations brought forward by the Democratic mi- propriations for military construction, the through conference so a final version of the nority at that time. In fact, there were Department of Veterans Affairs, and related bill may be passed and presented to the several discharge petitions that laid agencies for the fiscal year ending Sep- President. We believe that veterans issues languishing at that desk for weeks and tember 30, 2008, and for other purposes, and rise above the partisan divisions of Wash- weeks on end until they finally died at agrees to the conference requested by the ington which is evident by the passage of the the end of the session because they Senate thereon. The Speaker shall appoint FY08 MilCon-Veterans appropriations with never got the attention of the Repub- conferees immediately, but may declare a re- overwhelming majorities in both Houses, cess under clause 12(a) of rule I for the pur- 501–3 combined. lican majority at that time. In fact, pose of consulting the Minority Leader prior The Senate cannot allow this critically im- this year, since we have taken back the to such appointment. The motion to instruct portant funding to continue to fall victim to House and we have become a Demo- conferees otherwise in order pending the ap- the usual partisan wrangling which occurs cratic majority, we have been cham- pointment of conferees instead shall be in

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28009 order only at a time designated by the ity’s agenda and allows those with alter- The SPEAKER pro tempore. Is there Speaker in the legislative schedule within native views the opportunity to offer an al- objection to the request of the gentle- two additional legislative days after adop- ternative plan. woman from Ohio? tion of this resolution. Mr. CARDOZA. Mr. Speaker, I yield There was no objection. (The information contained herein was back the balance of my time, and I Ms. SUTTON. Mr. Speaker, House provided by Democratic Minority on mul- move the previous question on the res- Resolution 765 provides for consider- tiple occasions throughout the 109th Con- olution. ation of H.R. 1483, the Celebrating gress.) The SPEAKER pro tempore. The America’s Heritage Act. The rule pro- THE VOTE ON THE PREVIOUS QUESTION: WHAT question is on ordering the previous vides 1 hour of general debate con- IT REALLY MEANS question. trolled by the Committee on Natural This vote, the vote on whether to order the The question was taken; and the Resources and makes in order the sub- previous question on a special rule, is not Speaker pro tempore announced that stitute reported by the Committee on merely a procedural vote. A vote against or- the ayes appeared to have it. Natural Resources. dering the previous question is a vote Mr. SESSIONS. Mr. Speaker, on that The rule also contains a self-exe- against the Democratic majority agenda and I demand the yeas and nays. cuting provision to the base text con- a vote to allow the opposition, at least for the moment, to offer an alternative plan. It The yeas and nays were ordered. sisting of a technical correction that is a vote about what the House should be de- The SPEAKER pro tempore. Pursu- inserts a map reference for a map that bating. ant to clause 8 of rule XX, further pro- was not completed yet by the National Mr. Clarence Cannon’s Precedents of the ceedings on this question will be post- Park Service prior to filing the re- House of Representatives, (VI, 308–311) de- poned. ported bill. The rule also provides for scribes the vote on the previous question on f one motion to recommit with or with- the rule as ‘‘a motion to direct or control the out instructions. PROVIDING FOR CONSIDERATION consideration of the subject before the House Mr. Speaker, before I begin to ad- being made by the Member in charge.’’ To OF H.R. 1483, CELEBRATING dress the rule and the underlying bill, defeat the previous question is to give the AMERICA’S HERITAGE ACT opposition a chance to decide the subject be- I want to also extend my feelings of fore the House. Cannon cites the Speaker’s Ms. SUTTON. Mr. Speaker, by direc- empathy and concern for those out in ruling of January 13, 1920, to the effect that tion of the Committee on Rules, I call California dealing with the fires that ‘‘the refusal of the House to sustain the de- up House Resolution 765 and ask for its are plaguing that area of our country. mand for the previous question passes the immediate consideration. We are all watching and we are all, in control of the resolution to the opposition’’ The Clerk read the resolution, as fol- spirit, hoping that the fire ravaging in order to offer an amendment. On March lows: will end. We appreciate the hard work 15, 1909, a member of the majority party of- H. RES. 765 fered a rule resolution. The House defeated and the fearless dedication of our fire the previous question and a member of the Resolved, That upon the adoption of this service and our firefighters, and we opposition rose to a parliamentary inquiry, resolution it shall be in order to consider in hope that that situation is under con- asking who was entitled to recognition. the House the bill (H.R. 1483) to amend the trol in the very, very near future. Speaker Joseph G. Cannon (R-Illinois) said: Omnibus Parks and Public Lands Manage- Mr. Speaker, I rise today in support ‘‘The previous question having been refused, ment Act of 1996 to extend the authorization of this rule and the underlying bill. At the gentleman from New York, Mr. Fitz- for certain national heritage areas, and for other purposes. All points of order against the outset, I would like to commend gerald who had asked the gentleman to yield my Republican colleague and neighbor, to him for an amendment, is entitled to the consideration of the bill are waived except first recognition.’’ those arising under clause 9 or 10 of rule XXI. Congressman REGULA, for his leader- Because the vote today may look bad for The amendment in the nature of a substitute ship in sponsoring this bipartisan piece the Democratic majority they will say ‘‘the recommended by the Committee on Natural of legislation. vote on the previous question is simply a Resources now printed in the bill, modified This bill will provide additional sup- vote on whether to proceed to an immediate by the amendment printed in the report of port to nine national heritage areas vote on adopting the resolution . . . [and] the Committee on Rules accompanying this and allow for the designation of six has no substantive legislative or policy im- resolution, shall be considered as adopted. new heritage areas, making them eligi- The bill, as amended, shall be considered as plications whatsoever.’’ But that is not what ble for Federal support. they have always said. Listen to the defini- read. All points of order against provisions of tion of the previous question used in the the bill, as amended, are waived. The pre- I am proud that the Ohio and Erie Floor Procedures Manual published by the vious question shall be considered as ordered National Heritage Canalway is among Rules Committee in the 109th Congress, on the bill, as amended, to final passage these nine national heritage areas. And (page 56). Here’s how the Rules Committee without intervening motion except: (1) One I can tell you from firsthand experi- described the rule using information from hour of debate equally divided and controlled ence that I’ve had with the Ohio and Congressional Quarterly’s ‘‘American Con- by the chairman and ranking minority mem- Erie National Heritage Canalway, that gressional Dictionary’’: ‘‘If the previous ber of the Committee on Natural Resources; these heritage areas are an invaluable and (2) one motion to recommit with or question is defeated, control of debate shifts asset, both to the local communities to the leading opposition member (usually without instructions. the minority Floor Manager) who then man- SEC. 2. During consideration of H.R. 1483 and to our Nation, from the preserva- ages an hour of debate and may offer a ger- pursuant to this resolution, notwithstanding tion of local culture and history, to in- mane amendment to the pending business.’’ the operation of the previous question, the creasing tourism, and as centerpieces Deschler’s Procedure in the U.S. House of Chair may postpone further consideration of for economic growth. Representatives, the subchapter titled the bill to such time as may be designated by The designation of heritage areas ‘‘Amending Special Rules’’ states: ‘‘a refusal the Speaker. provides for a partnership approach to to order the previous question on such a rule The SPEAKER pro tempore. The gen- heritage development, allowing the [a special rule reported from the Committee tlewoman from Ohio is recognized for 1 sites to be locally managed with a on Rules] opens the resolution to amend- ment and further debate.’’ (Chapter 21, sec- hour. local organization coordinating in tion 21.2) Section 21.3 continues: Upon rejec- Ms. SUTTON. Mr. Speaker, for the partnership with local residents. tion of the motion for the previous question purpose of debate only, I yield the cus- These areas provide unique opportu- on a resolution reported from the Committee tomary 30 minutes to the gentleman nities to understand the larger context on Rules, control shifts to the Member lead- from Washington (Mr. HASTINGS). All of these regions’ traditions, landscapes ing the opposition to the previous question, time yielded during consideration of and people, and the heritage of this who may offer a proper amendment or mo- the rule is for debate only. great country. tion and who controls the time for debate I yield myself such time as I may The Ohio and Erie National Heritage thereon.’’ Clearly, the vote on the previous question consume. I also ask unanimous consent Canalway is not a traditional park. It’s on a rule does have substantive policy impli- that all Members be given 5 legislative a lived-in region where the national, cations. It is one of the only available tools days in which to revise and extend cultural, historic and recreational re- for those who oppose the Democratic major- their remarks on House Resolution 765. sources combine to form a nationally

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significant landscape that celebrates woman from Ohio (Ms. SUTTON) for 40 percent federally owned, I want to the significance of the Ohio and Erie yielding me the customary 30 minutes. take this opportunity to discuss my Canal and its contribution to the re- I yield myself such time as I may con- concerns with future actions that could gion, the State of Ohio, and the United sume. lead to additional Federal lands. As I States. Mr. Speaker, I rise in opposition to have said many times before on this The Ohio and Erie Canal helped con- this closed rule and urge my colleagues floor, I believe Federal land manage- nect the Ohio frontier with New York to oppose it as well. Mr. Speaker, this ment agencies simply have too much and New Orleans in the early 19th cen- rule is the 39th closed rule the House land to manage effectively. Federal tury, playing a key role in linking a will be considering this year. The land agencies continue to struggle to previously isolated Ohio with economic Democrats have not just broken their maintain trails and facilities on public centers east and south. And the canal promise to the American people to co- lands as well as to manage unnaturally was crucial to the development of operate in an open and honest manner, high fuel loads that can lead to cata- Ohio’s economy, attracting businesses they are actually doing it in a record- strophic wildfires. We had that discus- to the area and providing a viable setting manner. In fact, this Democrat- sion on the previous rule; yet, year transportation route for emerging in- controlled Congress has considered after year we are spending precious tax dustries. more than twice as many closed rules, dollars to buy up more private prop- Mr. Speaker, I am confident that twice as many, Mr. Speaker, as the pre- erty to take off local tax rolls. with increased Federal support, the vious Republican-controlled Congress There are far more pressing issues af- Ohio and Erie National Heritage did at the same point in the session. fecting public lands management that Canalway and other heritage areas in- So they didn’t just break their prom- we could be considering today. For ex- cluded in this legislation will continue ise, Mr. Speaker, they have shattered ample, Mr. Speaker, we should be dis- to play central roles in their commu- it. Most troubling of all is that this cussing the extension of payments to nities and equally important roles in rule would prevent Representatives forested counties for rural schools and our national heritage. from offering amendments to adjust roads or for development of clean en- Similarly, Mr. Speaker, in addition ergy on public lands. These are far to the Ohio and Erie National Heritage and alter the bill out of concerns di- rectly affecting the districts and peo- more pressing issues, and they are not Canalway, the Celebrating America’s going to go away. I believe the House Heritage Act will provide support to ple that those Representatives were elected to represent. should act quickly in a bipartisan man- the National Coal Heritage Act in West ner to address them. Virginia, the Tennessee Civil War Her- The Celebrating America’s Heritage Act authorizes $135 billion to be spent Mr. Speaker, this is a closed rule, as itage Area, the Augusta Canal and Na- I mentioned in my opening remarks. In tional Heritage Area in Georgia, the over the next 15 years for nine already established National Heritage Areas closing, I would like to read a quote Steel Industry American Heritage Area from the distinguished majority leader in Pennsylvania, the Essex National and six new National Heritage Areas. (Mr. HOYER) from Congress Daily PM Heritage Area in Massachusetts, the One of the new National Heritage Areas created in the bill is the Journey on December 5, 2006, a little more than South Carolina National Heritage Cor- 10 months ago. He said, Mr. Speaker, ridor, America’s Agricultural Partner- Through Hallowed Ground National ‘‘We intend to have a Rules Committee ship in Iowa, and the Hudson River Heritage Area, which includes land in that gives opposition voices and alter- Valley National Heritage Area in New Pennsylvania, Maryland, West Virginia native proposals the ability to be heard York. and Virginia. Mr. BARTLETT of Mary- This legislation will also recognize land and Mr. GOODE of Virginia have and considered on the floor of the and bring the benefits of heritage areas expressed concerns that the land in the House.’’ to six new communities throughout the districts they represent is included in Mr. Speaker, the distinguished ma- Nation: Journey Through Hallowed this new National Heritage Area and jority leader said that a little bit more Ground Heritage Area in Virginia, Ni- that this bill does not guarantee local than 10 months ago. Unfortunately, the agara Falls National Heritage Area in residents will be allowed to participate Democrat majority is once again not New York, Muscle Shoals National in decisions affecting the area in their living up to the promises they made to Heritage Area in Alabama, Freedom’s districts. If Congress is going to dictate Americans just less than a year ago. Way National Heritage Area in Illinois, how land is to be used, we must make We are shutting out the people and the and Santa Cruz Valley National Herit- sure that those who are directly af- Representatives who are directly im- age Area in Arizona. fected by such designations are, in fact, pacted by this legislation with this And it’s important to note, Mr. supportive of the legislation. closed rule. Mr. Speaker, accordingly, I urge my Speaker, that this legislation specifi- I believe that all Members should be colleagues to vote against this, the cally includes language that protects afforded an opportunity to have their 39th closed rule of the year. private property rights. And the bill voices heard on behalf of those they I reserve the balance of my time. makes clear that a national heritage represent when their district is di- area designation does not alter existing Ms. SUTTON. Mr. Speaker, I yield rectly impacted. It was remarked yes- myself such time as I may consume. regulations or land use plans. terday in testimony before the Rules This is a good bill that will help com- Mr. Speaker, I just want to remind Committee by Mr. YOUNG of Alaska, my colleague from Washington that munities and our country celebrate our ‘‘That is just good government.’’ What heritage and use our history for future this legislation does not affect private he was referring to obviously was to property rights. The bill makes it clear prosperity and collective pride. I urge have a Member talk about issues that my colleagues to support it. that a National Heritage Area designa- affect their district. Unfortunately, if tion does not alter existing regulations I’m proud to be a cosponsor of this adopted, this 39th closed rule of the bipartisan legislation. And, again, I or land use plans, either. year will deny Mr. BARTLETT and Mr. would like to thank Congressman With that, I reserve the balance of GOODE and, in fact, all Members of the RALPH REGULA from my home State of my time. House, the opportunity to bring forth Ohio for introducing this bill and for Mr. HASTINGS of Washington. Mr. their concerns to attempt to amend— being a champion of Ohio’s heritage. Speaker, I reserve my time. I urge all of my colleagues to support to perfect this bill. Although National Ms. SUTTON. Mr. Speaker, I yield 3 this important bipartisan legislation. Heritage Areas typically do not create minutes to the gentlewoman from Ari- Mr. Speaker, I reserve the balance of additional Federal lands, the Federal zona (Ms. GIFFORDS). my time. Government can significantly impact Ms. GIFFORDS. Mr. Speaker, I rise the use of the land in and surrounding today to support this rule and the un- b 1600 National Heritage Areas. derlying bill, H.R. 1483, amending the Mr. HASTINGS of Washington. Mr. Mr. Speaker, coming from an area in Omnibus Parks and Public Lands Man- Speaker, I want to thank the gentle- my area in central Washington that is agement Act.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28011 Early this year, I introduced the cans, want us to put partisanship and Returning to the legislation and the Santa Cruz Valley National Heritage politics aside and work together to do rule at hand, Mr. Speaker, the Cele- Area Act with Congressman GRIJALVA. what is in the best interests for our Na- brating America’s Heritage Act would I am pleased that our bill has been in- tion’s veterans. provide support for some of our Na- cluded in H.R. 1483. Mr. Speaker, I see no better time tion’s cultural treasures and will ex- By designating the Santa Cruz Valley than right now. Therefore, I will be pand support to additional heritage as a National Heritage Area, this beau- asking my colleagues to vote ‘‘no’’ on areas. I cannot overstate the impor- tiful and thriving region will receive the previous question so that I can tance of many of these areas, not only modest Federal support for promoting amend the rule to allow the House to to the local communities and the re- the area’s history, cultural resources immediately act to go to conference gions in which they exist, but to pre- and indigenous wildlife habitat. We are with the Senate on H.R. 2642, the Mili- serving the history of the United ensuring that the Santa Cruz Valley tary Construction and Veterans Affairs States, that history that those vet- visitors can experience the unique wa- funding bill and appoint conferees. erans fought for, by the way, and these tershed and diverse societies it has sup- The amendment to the rule I am of- heritage areas stand out for national ported, Native American tribes, de- fering would allow the Speaker to de- parks and they are overseen by a coali- scendants of Spanish ancestors, Amer- clare a recess for the purpose of con- tion of local leaders, community mem- ican pioneers, and, now, members of sulting with the minority leader prior bers and local organizations all with an our diverse Sonoran Arizona commu- to the appointment of conferees. Fur- interest in the preservation in their nities. ther, it would provide that the motion areas’ traditions and culture and in the Widely supported from Marana, Ari- to instruct conferees otherwise in order continued vitality of their commu- zona, to Patagonia, the Santa Cruz pending the appointment of conferees nities. These heritage areas play a key Valley will protect private property instead shall be in order only at a time role in spurring economic development, rights and public use of this federally designated by the Speaker in the legis- which serve as a bridge to the future managed land. lative schedule within 2 additional leg- for communities as well as a constant So I support this bill. I urge a ‘‘yes’’ islative days after adoption of this res- reminder of our past and the cumu- vote on the rule and the underlying bill olution. In other words, Mr. Speaker, lative history that has led to where we to support preserving Arizona’s Na- we can act on this as quickly as we are today. tional Heritage. possibly can. I know what the Ohio and Erie Na- Mr. HASTINGS of Washington. Mr. By defeating the previous question, tional Heritage Canalway means to Speaker, I yield myself the balance of the House will send a strong message northeast Ohio, and I know what in- my time. to our veterans that they have our creased Federal support will do to help Mr. Speaker, for the past several commitment to write a final bill pro- it continue serving our community and weeks, my colleagues on the Rules viding them the funding and increase our Nation. Committee and I have highlighted they need, deserve and were promised. Mr. Speaker, I urge a ‘‘yes’’ vote on loopholes in the House rules related to Mr. Speaker, I ask unanimous con- the previous question and on the rule. earmark transparency. While this is an sent to have the text of the amendment The material referred to previously important issue that still must be ad- and extraneous material inserted into by Mr. HASTINGS of Washington is as dressed, there is still a more pressing the RECORD prior to the vote on the follows: issue that the House must act on im- previous question. AMENDMENT TO H. RES. 765 OFFERED BY MR. mediately. The SPEAKER pro tempore (Mr. HASTINGS OF WASHINGTON Mr. Speaker, it has now been 130 DOYLE). Is there objection to the re- At the end of the resolution, add the fol- days, 130 days, since the veterans fund- quest of the gentleman from Wash- lowing: ing bill was approved by the House. ington? SEC. 3. The House disagrees to the Senate The Senate passed a similar bill. Mr. There was no objection. amendment to the bill, H.R. 2642, making ap- Speaker, contrary to what was said in Mr. HASTINGS of Washington. Mr. propriations for military construction, the Department of Veterans Affairs, and related the debate in the last bill, the Senate Speaker, I urge my colleagues to op- agencies for the fiscal year ending Sep- has appointed their conferees over 6 pose the previous question on the 39th tember 30, 2008, and for other purposes, and weeks ago. Sadly, the Democrat leader- closed rule the House is considering agrees to the conference requested by the ship in the House has refused to move this year, and I yield back the balance Senate thereon. The Speaker shall appoint forward on this bill and name conferees of my time. conferees immediately, but may declare a re- and instead has chosen to put partisan- Ms. SUTTON. Mr. Speaker, I only cess under clause 12(a) of rule I for the pur- ship and politics ahead of ensuring our wish the same commitment and tenac- pose of consulting the Minority Leader prior veterans’ needs are met. Every day the ity on behalf of veterans that is being to such appointment. The motion to instruct conferees otherwise in order pending the ap- Democrats choose not to act to move expressed here today continues into pointment of conferees instead shall be in this bill forward, our Nation’s veterans the future, and I wish that it had been order only at a time designated by the lose $18.5 million. a little bit more at the surface in the Speaker in the legislative schedule within Last week, Republican Leader past. two additional legislative days after adop- BOEHNER took a positive step toward As you know, Mr. Speaker, the tion of this resolution. naming House Republican conferees. Democrats, when they came into the (The information contained herein was Now, Speaker PELOSI must follow suit majority in this House, passed the big- provided by Democratic Minority on mul- and take the steps necessary to ensure gest increase for veterans health care tiple occasions throughout the 109th Con- that work can begin on writing the in history. They passed in the Military gress.) final veterans funding bill that can be Construction and Veterans Affairs ap- THE VOTE ON THE PREVIOUS QUESTION: WHAT enacted into law. propriations bill $6.7 billion above the IT REALLY MEANS I might add, Mr. Speaker, this is one fiscal year 2007 budget, which, by the This vote, the vote on whether to order the of those bills that enjoys strong bipar- way, was the largest single increase in previous question on a special rule, is not tisan support. It is troubling to me the 77-year history of the VA, $3.8 bil- merely a procedural vote. A vote against or- that Democrat leadership chose to con- lion above the President’s request. So dering the previous question is a vote sider a simple resolution today sup- we are indeed on the same page in against the Democratic majority agenda and porting and encouraging greater sup- terms of protecting our Nation’s vet- a vote to allow the opposition, at least for port for Veterans Day each year, but erans, and we are working diligently, the moment, to offer an alternative plan. It is a vote about what the House should be de- thus far, has refused to demonstrate not just with our words, but with our bating. meaningful support for our Nation’s votes and with our actions to make Mr. Clarence Cannon’s Precedents of the veterans by working on this final fund- sure that we live up to the promise House of Representatives, (VI, 308–311) de- ing bill. Our veterans, and all Ameri- that we make to our veterans. scribes the vote on the previous question on

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28012 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 the rule as ‘‘a motion to direct or control the b 1615 Kilpatrick Murphy (CT) Sherman consideration of the subject before the House Kind Murphy, Patrick Shuler being made by the Member in charge.’’ To ANNOUNCEMENT BY THE SPEAKER Klein (FL) Murtha Sires defeat the previous question is to give the PRO TEMPORE Kucinich Nadler Skelton Lampson Napolitano Slaughter opposition a chance to decide the subject be- The SPEAKER pro tempore. Pursu- Langevin Neal (MA) Smith (WA) fore the House. Cannon cites the Speaker’s ant to clause 8 of rule XX, proceedings Lantos Obey Snyder ruling of January 13, 1920, to the effect that Larsen (WA) Olver Solis ‘‘the refusal of the House to sustain the de- will resume on questions previously Larson (CT) Ortiz Space mand for the previous question passes the postponed. Lee Pallone Spratt control of the resolution to the opposition’’ Votes will be taken in the following Levin Pascrell Stark in order to offer an amendment. On March order: Lewis (GA) Pastor Stupak 15, 1909, a member of the majority party of- Lipinski Payne Sutton Ordering the previous question on Loebsack Perlmutter Tanner fered a rule resolution. The House defeated House Resolution 763, by the yeas and Lofgren, Zoe Peterson (MN) Tauscher the previous question and a member of the nays; Lowey Pomeroy Taylor opposition rose to a parliamentary inquiry, Lynch Price (NC) Thompson (CA) asking who was entitled to recognition. Adopting House Resolution 763, if or- Mahoney (FL) Rahall Thompson (MS) Speaker Joseph G. Cannon (R–Illinois) said: dered; Maloney (NY) Rangel Tierney ‘‘The previous question having been refused, Ordering the previous question on Markey Richardson Towns the gentleman from New York, Mr. Fitz- House Resolution 765, by the yeas and Marshall Rodriguez Tsongas Matheson Ross Udall (CO) gerald, who had asked the gentleman to nays; Matsui Rothman Udall (NM) yield to him for an amendment, is entitled to Adopting House Resolution 765, if or- McCarthy (NY) Roybal-Allard Van Hollen the first recognition.’’ dered; and McCollum (MN) Ruppersberger Vela´ zquez Because the vote today may look bad for Suspending the rules and passing McDermott Rush Visclosky the Democratic majority they will say ‘‘the McGovern Ryan (OH) Walz (MN) vote on the previous question is simply a H.R. 1955. McIntyre Salazar Wasserman vote on whether to proceed to an immediate The first electronic vote will be con- McNerney Sa´ nchez, Linda Schultz vote on adopting the resolution . . . [and] ducted as a 15-minute vote. Remaining McNulty T. Waters Meek (FL) Sanchez, Loretta Watson has no substantive legislative or policy im- electronic votes will be conducted as 5- Meeks (NY) Sarbanes Watt plications whatsoever.’’ But that is not what minute votes. Melancon Schakowsky Waxman they have always said. Listen to the defini- Michaud Schiff Weiner tion of the previous question used in the f Miller (NC) Schwartz Welch (VT) Floor Procedures Manual published by the PROVIDING FOR CONSIDERATION Miller, George Scott (GA) Wexler Rules Committee in the 109th Congress, Mitchell Scott (VA) Woolsey (page 56). Here’s how the Rules Committee OF H.R. 1011, VIRGINIA RIDGE Mollohan Serrano Wu AND VALLEY ACT OF 2007 Moore (KS) Sestak Wynn described the rule using information from Moran (VA) Shea-Porter Yarmuth Congressional Quarterly’s ‘‘American Con- The SPEAKER pro tempore. The un- gressional Dictionary’’: ‘‘If the previous finished business is the vote on order- NAYS—190 question is defeated, control of debate shifts ing the previous question on House to the leading opposition member (usually Aderholt Emerson Lungren, Daniel Akin English (PA) E. the minority Floor Manager) who then man- Resolution 763, on which the yeas and nays were ordered. Alexander Everett Mack ages an hour of debate and may offer a ger- Bachmann Fallin Manzullo mane amendment to the pending business.’’ The Clerk read the title of the resolu- Bachus Ferguson Marchant Deschler’s Procedure in the U.S. House of tion. Baker Flake McCarthy (CA) Representatives, the subchapter titled The SPEAKER pro tempore. The Barrett (SC) Forbes McCaul (TX) ‘‘Amending Special Rules’’ states: ‘‘a refusal question is on ordering the previous Barrow Fortenberry McCotter to order the previous question on such a rule Bartlett (MD) Fossella McCrery question. Barton (TX) Foxx McHenry [a special rule reported from the Committee The vote was taken by electronic de- Biggert Franks (AZ) McHugh on Rules] opens the resolution to amend- vice, and there were—yeas 225, nays Bilirakis Frelinghuysen McMorris ment and further debate.’’ (Chapter 21, sec- Blackburn Gallegly Rodgers tion 21.2) Section 21.3 continues: Upon rejec- 190, not voting 17, as follows: Blunt Garrett (NJ) Mica tion of the motion for the previous question [Roll No. 990] Boehner Gerlach Miller (FL) Bonner Gilchrest Miller (MI) on a resolution reported from the Committee YEAS—225 on Rules, control shifts to the Member lead- Bono Gingrey Miller, Gary Abercrombie Clyburn Gillibrand Boozman Gohmert Moran (KS) ing the opposition to the previous question, Ackerman Cohen Gonzalez Boustany Goode Murphy, Tim who may offer a proper amendment or mo- Allen Conyers Gordon Brady (TX) Goodlatte Musgrave tion and who controls the time for debate Altmire Cooper Green, Al Broun (GA) Granger Myrick thereon.’’ Andrews Costa Green, Gene Brown (SC) Graves Neugebauer Clearly, the vote on the previous question Arcuri Costello Grijalva Brown-Waite, Hall (TX) Nunes on a rule does have substantive policy impli- Baca Courtney Gutierrez Ginny Hastings (WA) Pearce cations. It is one of the only available tools Baird Cramer Hall (NY) Buchanan Hayes Pence for those who oppose the Democratic major- Baldwin Crowley Hare Burgess Heller Peterson (PA) Bean Cuellar Harman Burton (IN) Hensarling Petri ity’s agenda and allows those with alter- Becerra Cummings Hastings (FL) Buyer Herger Pickering native views the opportunity to offer an al- Berkley Davis (AL) Herseth Sandlin Calvert Hobson Pitts ternative plan. Berman Davis (CA) Higgins Camp (MI) Hoekstra Platts Ms. SUTTON. Mr. Speaker, I yield Berry Davis (IL) Hill Campbell (CA) Hulshof Poe Bishop (GA) Davis, Lincoln Hinchey Cannon Inglis (SC) Porter back the balance of my time, and I Bishop (NY) DeFazio Hinojosa Cantor Johnson (IL) Price (GA) move the previous question on the res- Blumenauer DeGette Hirono Capito Johnson, Sam Pryce (OH) olution. Boren Delahunt Hodes Carter Jones (NC) Putnam The SPEAKER pro tempore. The Boswell DeLauro Holden Castle Jordan Radanovich Boucher Dicks Holt Chabot Keller Ramstad question is on ordering the previous Boyd (FL) Dingell Honda Coble King (IA) Regula question. Boyda (KS) Doggett Hooley Cole (OK) King (NY) Rehberg The question was taken; and the Brady (PA) Donnelly Hoyer Conaway Kingston Reichert Braley (IA) Doyle Inslee Crenshaw Kirk Renzi Speaker pro tempore announced that Brown, Corrine Edwards Israel Davis (KY) Kline (MN) Reynolds the ayes appeared to have it. Butterfield Ellison Jackson (IL) Davis, David Knollenberg Rogers (AL) Mr. HASTINGS of Washington. Mr. Capps Ellsworth Jackson-Lee Davis, Tom Kuhl (NY) Rogers (KY) Speaker, on that I demand the yeas Capuano Emanuel (TX) Deal (GA) LaHood Rogers (MI) Cardoza Engel Jefferson Dent Lamborn Rohrabacher and nays. Carnahan Eshoo Johnson (GA) Diaz-Balart, L. Latham Ros-Lehtinen The yeas and nays were ordered. Carney Etheridge Jones (OH) Diaz-Balart, M. LaTourette Roskam The SPEAKER pro tempore. Pursu- Castor Farr Kagen Doolittle Lewis (CA) Royce ant to clause 8 of rule XX, further pro- Chandler Fattah Kanjorski Drake Lewis (KY) Ryan (WI) Clarke Filner Kaptur Dreier Linder Sali ceedings on this question will be post- Clay Frank (MA) Kennedy Duncan LoBiondo Saxton poned. Cleaver Giffords Kildee Ehlers Lucas Schmidt

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28013 Sensenbrenner Sullivan Weldon (FL) Kennedy Moran (VA) Shea-Porter Rohrabacher Simpson Walberg Sessions Tancredo Weller Kildee Murphy (CT) Sherman Ros-Lehtinen Smith (NE) Walden (OR) Shadegg Terry Westmoreland Kilpatrick Murphy, Patrick Shuler Roskam Smith (NJ) Walsh (NY) Shays Thornberry Whitfield Kind Murtha Sires Royce Smith (TX) Wamp Shimkus Tiahrt Wicker Klein (FL) Nadler Skelton Ryan (WI) Souder Weldon (FL) Shuster Tiberi Wilson (NM) Kucinich Napolitano Slaughter Sali Stearns Weller Simpson Turner Wilson (SC) Lampson Neal (MA) Smith (WA) Saxton Sullivan Westmoreland Smith (NE) Upton Wolf Langevin Oberstar Snyder Schmidt Tancredo Whitfield Smith (NJ) Walberg Sensenbrenner Terry Young (AK) Lantos Obey Solis Wicker Smith (TX) Walden (OR) Sessions Thornberry Young (FL) Larsen (WA) Olver Space Wilson (NM) Souder Walsh (NY) Larson (CT) Ortiz Spratt Shadegg Tiahrt Wilson (SC) Stearns Wamp Lee Pallone Stark Shays Tiberi Young (AK) Levin Pascrell Stupak Shimkus Turner NOT VOTING—17 Young (FL) Lewis (GA) Pastor Sutton Shuster Upton Bilbray Hastert Moore (WI) Lipinski Payne Tanner NOT VOTING—13 Bishop (UT) Hunter Oberstar Loebsack Perlmutter Tauscher Carson Issa Paul Lofgren, Zoe Peterson (MN) Taylor Bilbray Hunter Paul Cubin Jindal Reyes Lowey Pomeroy Thompson (CA) Bishop (UT) Issa Reyes Culberson Johnson, E. B. Wilson (OH) Lynch Price (NC) Thompson (MS) Carson Jindal Wilson (OH) Feeney McKeon Mahoney (FL) Rahall Tierney Cubin Johnson, E. B. Maloney (NY) Rangel Towns Feeney McKeon b 1641 Markey Regula Tsongas ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Marshall Richardson Udall (CO) So the previous question was ordered. Matheson Rodriguez Udall (NM) The SPEAKER pro tempore (during The result of the vote was announced Matsui Ross Van Hollen the vote). Members are advised 2 min- as above recorded. McCarthy (NY) Rothman Vela´ zquez utes remain in the vote. The SPEAKER pro tempore. The McCollum (MN) Roybal-Allard Visclosky McDermott Ruppersberger Walz (MN) question is on the resolution. McGovern Rush Wasserman b 1649 The resolution was agreed to. McIntyre Ryan (OH) Schultz A motion to reconsider was laid on McNerney Salazar Waters So the previous question was ordered. ´ the table. McNulty Sanchez, Linda Watson The result of the vote was announced Meek (FL) T. Watt as above recorded. f Meeks (NY) Sanchez, Loretta Waxman Melancon Sarbanes Weiner The SPEAKER pro tempore. The PROVIDING FOR CONSIDERATION Michaud Schakowsky Welch (VT) question is on the resolution. OF H.R. 1483, CELEBRATING Miller (NC) Schiff Wexler The question was taken; and the Miller, George Schwartz Wolf Speaker pro tempore announced that AMERICA’S HERITAGE ACT Mitchell Scott (GA) Woolsey Mollohan Scott (VA) Wu the ayes appeared to have it. The SPEAKER pro tempore. The un- Moore (KS) Serrano Wynn Mr. HASTINGS of Washington. Mr. finished business is the vote on order- Moore (WI) Sestak Yarmuth Speaker, on that I demand the yeas ing the previous question on House NAYS—191 and nays. Resolution 765, on which the yeas and The yeas and nays were ordered. nays were ordered. Aderholt Dreier Latham The SPEAKER pro tempore. This The Clerk read the title of the resolu- Akin Duncan LaTourette Alexander Ehlers Lewis (CA) will be a 5-minute vote. tion. Bachmann Emerson Lewis (KY) The vote was taken by electronic de- The SPEAKER pro tempore. The Bachus English (PA) Linder vice, and there were—yeas 231, nays Baker Everett LoBiondo question is on ordering the previous 186, not voting 15, as follows: question. Barrett (SC) Fallin Lucas Barrow Ferguson Lungren, Daniel [Roll No. 992] This will be a 5-minute vote. Bartlett (MD) Flake E. YEAS—231 The vote was taken by electronic de- Barton (TX) Forbes Mack vice, and there were—yeas 228, nays Biggert Fortenberry Manzullo Abercrombie Costa Hare Bilirakis Fossella Marchant Ackerman Costello Harman 191, not voting 13, as follows: Blackburn Foxx McCarthy (CA) Allen Courtney Hastings (FL) [Roll No. 991] Blunt Franks (AZ) McCaul (TX) Altmire Cramer Herseth Sandlin Boehner Frelinghuysen McCotter Andrews Crowley Higgins YEAS—228 Bonner Gallegly McCrery Arcuri Cuellar Hinchey Abercrombie Cleaver Frank (MA) Bono Garrett (NJ) McHenry Baca Cummings Hinojosa Ackerman Clyburn Giffords Boozman Gerlach McHugh Baird Davis (AL) Hirono Allen Cohen Gillibrand Boustany Gilchrest McMorris Baldwin Davis (CA) Hodes Altmire Conyers Gonzalez Brady (TX) Gingrey Rodgers Barrow Davis (IL) Holden Andrews Cooper Gordon Broun (GA) Gohmert Mica Bean Davis, Lincoln Holt Arcuri Costa Green, Al Brown (SC) Goode Miller (FL) Becerra Davis, Tom Honda Baca Costello Green, Gene Brown-Waite, Goodlatte Miller (MI) Berkley DeFazio Hooley Baird Courtney Grijalva Ginny Granger Miller, Gary Berman DeGette Hoyer Baldwin Cramer Gutierrez Buchanan Graves Moran (KS) Berry Delahunt Inslee Bean Crowley Hall (NY) Burgess Hall (TX) Murphy, Tim Bishop (GA) DeLauro Israel Becerra Cuellar Hare Burton (IN) Hastert Musgrave Bishop (NY) Dicks Jackson (IL) Berkley Cummings Harman Buyer Hastings (WA) Myrick Blumenauer Dingell Jackson-Lee Berman Davis (AL) Hastings (FL) Calvert Hayes Neugebauer Boren Doggett (TX) Berry Davis (CA) Herseth Sandlin Camp (MI) Heller Nunes Boswell Donnelly Jefferson Bishop (GA) Davis (IL) Higgins Campbell (CA) Hensarling Pearce Boucher Doyle Johnson (GA) Bishop (NY) Davis, Lincoln Hinchey Cannon Herger Pence Boyd (FL) Edwards Johnson (IL) Blumenauer DeFazio Hinojosa Cantor Hill Peterson (PA) Boyda (KS) Ellison Jones (OH) Boren DeGette Hirono Capito Hobson Petri Brady (PA) Ellsworth Kagen Boswell Delahunt Hodes Carter Hoekstra Pickering Braley (IA) Emanuel Kanjorski Boucher DeLauro Holden Castle Hulshof Pitts Brown, Corrine Engel Kaptur Boyd (FL) Dicks Holt Chabot Inglis (SC) Platts Butterfield Eshoo Kennedy Boyda (KS) Dingell Honda Coble Johnson (IL) Poe Capps Etheridge Kildee Brady (PA) Doggett Hooley Cole (OK) Johnson, Sam Porter Capuano Farr Kilpatrick Braley (IA) Donnelly Hoyer Conaway Jones (NC) Price (GA) Cardoza Fattah Kind Brown, Corrine Doyle Inslee Crenshaw Jordan Pryce (OH) Carnahan Filner Klein (FL) Butterfield Edwards Israel Culberson Keller Putnam Carney Frank (MA) Kucinich Capps Ellison Jackson (IL) Davis (KY) King (IA) Radanovich Castor Giffords Lampson Capuano Ellsworth Jackson-Lee Davis, David King (NY) Ramstad Chandler Gillibrand Langevin Cardoza Emanuel (TX) Davis, Tom Kingston Rehberg Clarke Gonzalez Lantos Carnahan Engel Jefferson Deal (GA) Kirk Reichert Clay Gordon Larsen (WA) Carney Eshoo Johnson (GA) Dent Kline (MN) Renzi Cleaver Green, Al Larson (CT) Castor Etheridge Jones (OH) Diaz-Balart, L. Knollenberg Reynolds Clyburn Green, Gene Lee Chandler Farr Kagen Diaz-Balart, M. Kuhl (NY) Rogers (AL) Cohen Grijalva Levin Clarke Fattah Kanjorski Doolittle LaHood Rogers (KY) Conyers Gutierrez Lewis (GA) Clay Filner Kaptur Drake Lamborn Rogers (MI) Cooper Hall (NY) Lipinski

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28014 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 Loebsack Ortiz Slaughter Sullivan Upton Westmoreland Ellsworth Langevin Ramstad Lofgren, Zoe Pallone Smith (WA) Tancredo Walberg Whitfield Emanuel Lantos Rangel Lowey Pascrell Snyder Terry Walden (OR) Wicker Emerson Larsen (WA) Regula Lynch Pastor Solis Thornberry Walsh (NY) Wilson (NM) Engel Larson (CT) Rehberg Mahoney (FL) Payne Space Tiahrt Wamp Wilson (SC) English (PA) Latham Reichert Maloney (NY) Perlmutter Spratt Tiberi Weldon (FL) Young (AK) Eshoo LaTourette Renzi Markey Peterson (MN) Stark Turner Weller Young (FL) Etheridge Lee Reynolds Marshall Pomeroy Stupak Everett Levin Richardson Matheson Price (NC) Sutton NOT VOTING—15 Fallin Lewis (CA) Rodriguez Matsui Rahall Tanner Bilbray Hunter McKeon Farr Lewis (GA) Rogers (AL) McCarthy (NY) Rangel Tauscher Bishop (UT) Issa Musgrave Fattah Lewis (KY) Rogers (KY) McCollum (MN) Regula Taylor Carson Jindal Paul Ferguson Linder Rogers (MI) McDermott Richardson Thompson (CA) Cubin Johnson, E. B. Reyes Filner Lipinski Ros-Lehtinen McGovern Rodriguez Thompson (MS) Feeney Lamborn Wilson (OH) Forbes LoBiondo Roskam McIntyre Ross Tierney Fortenberry Loebsack Ross McNerney Rothman Towns ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Fossella Lofgren, Zoe Rothman McNulty Roybal-Allard Tsongas The SPEAKER pro tempore (during Foxx Lowey Roybal-Allard Meek (FL) Ruppersberger Udall (CO) the vote). Members are advised they Frank (MA) Lucas Royce Meeks (NY) Rush Udall (NM) Franks (AZ) Lungren, Daniel Ruppersberger Melancon Ryan (OH) Van Hollen have 2 minutes to record their vote. Frelinghuysen E. Rush Michaud Salazar Vela´ zquez Gallegly Lynch Ryan (OH) Miller (NC) Sa´ nchez, Linda Visclosky b 1657 Garrett (NJ) Mack Ryan (WI) Gerlach Mahoney (FL) Salazar Miller, George T. Walz (MN) So the resolution was agreed to. Mitchell Sanchez, Loretta Wasserman Giffords Maloney (NY) Sali ´ Mollohan Sarbanes Schultz The result of the vote was announced Gilchrest Manzullo Sanchez, Linda Moore (KS) Schakowsky Waters as above recorded. Gillibrand Marchant T. Moore (WI) Schiff Watson A motion to reconsider was laid on Gingrey Markey Sanchez, Loretta Moran (VA) Schwartz Watt Gohmert Marshall Sarbanes Murphy (CT) Scott (GA) Waxman the table. Gonzalez Matheson Saxton Murphy, Patrick Scott (VA) Weiner Goode Matsui Schakowsky Murtha Serrano Welch (VT) f Goodlatte McCarthy (CA) Schiff Nadler Sestak Wexler Gordon McCarthy (NY) Schmidt Napolitano Shea-Porter Wolf VIOLENT RADICALIZATION AND Granger McCaul (TX) Schwartz Neal (MA) Sherman Woolsey HOMEGROWN TERRORISM PRE- Graves McCollum (MN) Scott (GA) Green, Al McCotter Scott (VA) Oberstar Shuler Wu VENTION ACT OF 2007 Obey Sires Wynn Green, Gene McCrery Sensenbrenner Olver Skelton Yarmuth The SPEAKER pro tempore. The un- Grijalva McDermott Serrano Gutierrez McGovern Sessions finished business is the vote on the mo- NAYS—186 Hall (NY) McHenry Sestak tion to suspend the rules and pass the Hall (TX) McHugh Shadegg Aderholt Ferguson McCotter bill, H.R. 1955, as amended, on which Hare McIntyre Shays Akin Flake McCrery Harman McMorris Shea-Porter Alexander Forbes McHenry the yeas and nays were ordered. Hastert Rodgers Shimkus Bachmann Fortenberry McHugh The Clerk read the title of the bill. Hastings (FL) McNerney Shuler Bachus Fossella McMorris The SPEAKER pro tempore. The Hastings (WA) McNulty Shuster Baker Foxx Rodgers question is on the motion offered by Hayes Meek (FL) Simpson Barrett (SC) Franks (AZ) Mica Heller Meeks (NY) Sires Bartlett (MD) Frelinghuysen Miller (FL) the gentleman from Mississippi (Mr. Hensarling Melancon Skelton Barton (TX) Gallegly Miller (MI) THOMPSON) that the House suspend the Herger Mica Slaughter Biggert Garrett (NJ) Miller, Gary rules and pass the bill, H.R. 1955, as Herseth Sandlin Michaud Smith (NE) Bilirakis Gerlach Moran (KS) Higgins Miller (FL) Smith (NJ) Blackburn Gilchrest Murphy, Tim amended. Hill Miller (MI) Smith (TX) Blunt Gingrey Myrick This will be a 5-minute vote. Hinchey Miller (NC) Smith (WA) Boehner Gohmert Neugebauer The vote was taken by electronic de- Hinojosa Miller, Gary Snyder Bonner Goode Nunes vice, and there were—yeas 404, nays 6, Hirono Miller, George Solis Bono Goodlatte Pearce Hobson Mitchell Souder Boozman Granger Pence not voting 22, as follows: Hodes Mollohan Space Boustany Graves Peterson (PA) [Roll No. 993] Hoekstra Moore (WI) Spratt Brady (TX) Hall (TX) Petri Holden Moran (KS) Stark Broun (GA) Hastert Pickering YEAS—404 Holt Moran (VA) Stearns Brown (SC) Hastings (WA) Pitts Ackerman Boustany Coble Honda Murphy (CT) Stupak Brown-Waite, Hayes Platts Aderholt Boyd (FL) Cohen Hooley Murphy, Patrick Sullivan Ginny Heller Poe Akin Boyda (KS) Cole (OK) Hoyer Murphy, Tim Sutton Buchanan Hensarling Porter Alexander Brady (PA) Conaway Hulshof Murtha Tancredo Burgess Herger Price (GA) Allen Brady (TX) Costa Inglis (SC) Musgrave Tanner Burton (IN) Hill Pryce (OH) Altmire Braley (IA) Courtney Inslee Myrick Tauscher Buyer Hobson Putnam Andrews Broun (GA) Cramer Israel Nadler Taylor Calvert Hoekstra Radanovich Arcuri Brown (SC) Crenshaw Jackson (IL) Napolitano Terry Camp (MI) Hulshof Ramstad Baca Brown, Corrine Crowley Jackson-Lee Neal (MA) Thompson (CA) Campbell (CA) Inglis (SC) Rehberg Bachmann Brown-Waite, Cuellar (TX) Neugebauer Thompson (MS) Cannon Johnson, Sam Reichert Bachus Ginny Culberson Jefferson Nunes Thornberry Cantor Jones (NC) Renzi Baird Buchanan Cummings Johnson (GA) Oberstar Tiahrt Capito Jordan Reynolds Baker Burgess Davis (AL) Johnson (IL) Obey Tiberi Carter Keller Rogers (AL) Baldwin Burton (IN) Davis (CA) Johnson, Sam Olver Tierney Castle King (IA) Rogers (KY) Barrow Butterfield Davis (KY) Jones (NC) Ortiz Towns Chabot King (NY) Rogers (MI) Bartlett (MD) Buyer Davis, David Jones (OH) Pallone Tsongas Coble Kingston Rohrabacher Barton (TX) Calvert Davis, Lincoln Jordan Pascrell Turner Cole (OK) Kirk Ros-Lehtinen Bean Camp (MI) Deal (GA) Kagen Pastor Udall (CO) Conaway Kline (MN) Roskam Becerra Campbell (CA) DeFazio Kanjorski Payne Udall (NM) Crenshaw Knollenberg Royce Berkley Cannon DeGette Kaptur Pearce Upton Culberson Kuhl (NY) Ryan (WI) Berman Cantor Delahunt Keller Pence Van Hollen Davis (KY) LaHood Sali Berry Capito DeLauro Kennedy Perlmutter Vela´ zquez Davis, David Latham Saxton Biggert Capps Dent Kildee Peterson (MN) Visclosky Deal (GA) LaTourette Schmidt Bilirakis Capuano Diaz-Balart, L. Kilpatrick Petri Walberg Dent Lewis (CA) Sensenbrenner Bishop (GA) Cardoza Diaz-Balart, M. Kind Pickering Walden (OR) Diaz-Balart, L. Lewis (KY) Sessions Bishop (NY) Carnahan Dicks King (IA) Pitts Walsh (NY) Diaz-Balart, M. Linder Shadegg Blackburn Carney Dingell King (NY) Platts Walz (MN) Doolittle LoBiondo Shays Blumenauer Carter Doggett Kingston Poe Wamp Drake Lucas Shimkus Blunt Castle Donnelly Kirk Pomeroy Wasserman Dreier Lungren, Daniel Shuster Boehner Castor Doolittle Klein (FL) Porter Schultz Duncan E. Simpson Bonner Chabot Doyle Kline (MN) Price (GA) Waters Ehlers Mack Smith (NE) Bono Chandler Drake Knollenberg Price (NC) Watson Emerson Manzullo Smith (NJ) Boozman Clarke Dreier Kuhl (NY) Pryce (OH) Watt English (PA) Marchant Smith (TX) Boren Clay Edwards LaHood Putnam Waxman Everett McCarthy (CA) Souder Boswell Cleaver Ehlers Lamborn Radanovich Weiner Fallin McCaul (TX) Stearns Boucher Clyburn Ellison Lampson Rahall Welch (VT)

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28015

Weldon (FL) Wicker Wynn (b) TABLE OF CONTENTS.—The table of con- incorporated in the Mountain Lake Wilder- Weller Wilson (NM) Yarmuth tents for this Act is as follows: ness designated by section 2(6) of the Vir- Westmoreland Wilson (SC) Young (AK) Sec. 1. Short title and table of contents. ginia Wilderness Act of 1984 (Public Law 98– Wexler Wolf Young (FL) 586; 98 Stat. 3105). Whitfield Wu Sec. 2. Designation of additional National Forest System lands in Jeffer- ‘‘(16) Certain lands in the Jefferson Na- NAYS—6 son National Forest, Virginia, tional Forest, which comprise approximately Abercrombie Duncan Kucinich as wilderness or a wilderness 308 acres, as generally depicted on the map Costello Flake Rohrabacher study area. entitled ‘Lewis Fork Addition and Little Wilson Creek Additions’ and dated February NOT VOTING—22 Sec. 3. Designation of Kimberling Creek Po- tential Wilderness Area, Jeffer- 2007, and which are hereby incorporated in Barrett (SC) Davis, Tom Paul son National Forest, Virginia. the Lewis Fork Wilderness designated by Bilbray Feeney Peterson (PA) section 2(3) of the Virginia Wilderness Act of Bishop (UT) Hunter Reyes Sec. 4. Designation of Seng Mountain and Bear Creek Scenic Areas, Jef- 1984 (Public Law 98–586; 98 Stat. 3105). Carson Issa Sherman ‘‘(17) Certain lands in the Jefferson Na- Conyers Jindal ferson National Forest, Vir- Wilson (OH) tional Forest, which comprise approximately Cooper Johnson, E. B. Woolsey ginia. Cubin McKeon Sec. 5. Trail plan and development. 1,845 acres, as generally depicted on the map Davis (IL) Moore (KS) entitled ‘Lewis Fork Addition and Little SEC. 2. DESIGNATION OF ADDITIONAL NATIONAL Wilson Creek Additions’ and dated February FOREST SYSTEM LANDS IN JEFFER- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE 2007, and which are hereby incorporated in The SPEAKER pro tempore (during SON NATIONAL FOREST, VIRGINIA, AS WILDERNESS OR A WILDERNESS the Little Wilson Creek Wilderness des- the vote). Members have less than 2 STUDY AREA. ignated by section 2(5) of the Virginia Wil- minutes to vote. (a) DESIGNATION OF WILDERNESS.—Section 1 derness Act of 1984 (Public Law 98–586; 98 Stat. 3105). b 1706 of Public Law 100–326 (102 Stat. 584; 16 U.S.C. 1132 note), as amended by Public Law 106–471 ‘‘(18) Certain lands in the Jefferson Na- Mr. ABERCROMBIE changed his vote (114 Stat. 2057), is further amended— tional Forest, which comprise approximately from ‘‘yea’’ to ‘‘nay.’’ (1) in the matter preceding paragraph (1), 2,249 acres, as generally depicted on the map Mr. PENCE and Mr. LOEBSACK by striking ‘‘System—’’ and inserting ‘‘Sys- entitled ‘Shawvers Run Additions’ and dated tem:’’; February 2007, and which are hereby incor- changed their vote from ‘‘nay’’ to porated in the Shawvers Run Wilderness des- ‘‘yea.’’ (2) by striking ‘‘certain’’ at the beginning of paragraphs (1) through (8) and inserting ignated by paragraph (4). So (two-thirds being in the affirma- ‘‘Certain’’; ‘‘(19) Certain lands in the Jefferson Na- tive) the rules were suspended and the (3) by striking the semicolon at the end of tional Forest, which comprise approximately bill, as amended, was passed. paragraphs (1) through (6) and inserting a pe- 1,203 acres, as generally depicted on the map The result of the vote was announced riod; entitled ‘Peters Mountain Addition’ and as above recorded. (4) by striking ‘‘; and’’ at the end of para- dated February 2007, and which are hereby graph (7) and inserting a period; and incorporated in the Peters Mountain Wilder- A motion to reconsider was laid on ness designated by section 2(7) of the Vir- (5) by adding at the end the following new the table. ginia Wilderness Act of 1984 (Public Law 98– paragraphs: 586; 98 Stat. 3105). f ‘‘(9) Certain lands in the Jefferson National ‘‘(20) Certain lands in the Jefferson Na- Forest, which comprise approximately 3,769 GENERAL LEAVE tional Forest, which comprise approximately acres, as generally depicted on the map enti- 263 acres, as generally depicted on the map Mr. RAHALL. Mr. Speaker, I ask tled ‘Brush Mountain and Brush Mountain entitled ‘Kimberling Creek Additions and unanimous consent that all Members East’ and dated February 2007, and which Potential Wilderness Area’ and dated Feb- may have 5 legislative days to revise shall be known as the Brush Mountain East ruary 2007, and which are hereby incor- Wilderness. and extend their remarks and include porated in the Kimberling Creek Wilderness therein extraneous material on H.R. ‘‘(10) Certain lands in the Jefferson Na- designated by section 2(2) of the Virginia 1011. tional Forest, which comprise approximately Wilderness Act of 1984 (Public Law 98–586; 98 The SPEAKER pro tempore. Is there 4,794 acres, as generally depicted on the map Stat. 3105).’’. entitled ‘Brush Mountain and Brush Moun- (b) DESIGNATION OF WILDERNESS STUDY objection to the request of the gen- tain East’ and dated February 2007, and tleman from West Virginia? AREA.—Section 6(a) of the Virginia Wilder- which shall be known as the Brush Mountain ness Act of 1984 (Public Law 98–586; 98 Stat. There was no objection. Wilderness. 3108) is amended— f ‘‘(11) Certain lands in the Jefferson Na- (1) by striking ‘‘certain’’ at the beginning tional Forest, which comprise approximately of paragraphs (1) through (4) and inserting VIRGINIA RIDGE AND VALLEY ACT 4,223 acres, as generally depicted on the map ‘‘Certain’’; OF 2007 entitled ‘Seng Mountain and Raccoon (2) by striking the semicolon at the end of Mr. RAHALL. Mr. Speaker, pursuant Branch’ and dated February 2007, and which paragraphs (1) and (2) and inserting a period; to House Resolution 763, I call up the shall be known as the Raccoon Branch Wil- (3) by striking ‘‘; and’’ at the end of para- derness. bill (H.R. 1011) to designate additional graph (3) and inserting a period; and ‘‘(12) Certain lands in the Jefferson Na- (4) by adding at the end the following new National Forest System lands in the tional Forest, which comprise approximately paragraph: State of Virginia as wilderness or a 3,270 acres, as generally depicted on the map ‘‘(5) Certain lands in the Jefferson National wilderness study area, to designate the entitled ‘Stone Mountain’ and dated Feb- Forest, which comprise approximately 3,226 Kimberling Creek Potential Wilderness ruary 2007, and which shall be known as the acres, as generally depicted on a map enti- Area for eventual incorporation in the Stone Mountain Wilderness. tled ‘Lynn Camp Creek Wilderness Study Kimberling Creek Wilderness, to estab- ‘‘(13) Certain lands in the Jefferson Na- Area’ and dated February 2007, and which lish the Seng Mountain and Bear Creek tional Forest, which comprise approximately shall be known as the Lynn Camp Creek Wil- 8,470 acres, as generally depicted on the map derness Study Area.’’. Scenic Areas, to provide for the devel- entitled ‘Hunting Camp Creek and Garden (c) MAPS AND LEGAL DESCRIPTIONS.— opment of trail plans for the wilderness Mountain’ and dated February 2007, and (1) FILING.—As soon as practicable after areas and scenic areas, and for other which shall be known as the Hunting Camp the date of the enactment of this Act, the purposes, and ask for its immediate Creek Wilderness. Secretary of Agriculture shall file with the consideration. ‘‘(14) Certain lands in the Jefferson Na- Committee on Agriculture, Nutrition, and The Clerk read the title of the bill. tional Forest, which comprise approximately Forestry of the Senate and the Committee The text of the bill is as follows: 3,291 acres, as generally depicted on the map on Natural Resources and the Committee on entitled ‘Hunting Camp Creek and Garden Agriculture of the House of Representatives H.R. 1011 Mountain’ and dated February 2007, and a map and legal description of each wilder- Be it enacted by the Senate and House of Rep- which shall be known as the Garden Moun- ness area designated or expanded by the resentatives of the United States of America in tain Wilderness. amendments made by subsection (a) and of Congress assembled, ‘‘(15) Certain lands in the Jefferson Na- the Lynn Camp Creek Wilderness Study Area SECTION 1. SHORT TITLE AND TABLE OF CON- tional Forest, which comprise approximately designated by the amendment made by sub- TENTS. 5,476 acres, as generally depicted on the map section (b). (a) SHORT TITLE.—This Act may be cited as entitled ‘Mountain Lake Additions’ and (2) FORCE AND EFFECT.—The maps and legal the ‘‘Virginia Ridge and Valley Act of 2007’’. dated February 2007, and which are hereby descriptions referred to in paragraph (1) shall

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28016 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 have the same force and effect as if included derness pending its incorporation in the the acreage specified in subsection (a) and in this Act, except that the Secretary of Ag- Kimberling Creek Wilderness. the corresponding map filed under paragraph riculture may correct clerical and typo- (d) ECOLOGICAL RESTORATION.— (1), the map shall control. graphical errors in the maps and descrip- (1) IN GENERAL.—For purposes of ecological (3) AVAILABILITY.—The maps and legal de- tions. In the case of any discrepancy between restoration (including the elimination of scriptions referred to in paragraph (1) shall the acreage specified in the amendments non-native species, removal of illegal, un- be on file and available for public inspection made by subsection (a) or (b) and the cor- used, or decommissioned roads, and any in the Office of the Chief of the Forest Serv- responding map filed under paragraph (1), other activities necessary to restore the nat- ice. the map shall control. ural ecosystems in the potential wilderness (c) PURPOSES OF SCENIC AREAS.—The scenic (3) AVAILABILITY.—The maps and legal de- area), the Secretary of Agriculture may use areas are established for the purposes of— scriptions referred to in paragraph (1) shall motorized equipment and mechanized trans- (1) ensuring the protection and preserva- be on file and available for public inspection port in the potential wilderness area until tion of scenic quality, water quality, natural in the Office of the Chief of the Forest Serv- its incorporation in the Kimberling Creek characteristics, and water resources; ice. Wilderness. (2) protecting wildlife and fish habitat, (d) ADMINISTRATION.— (2) LIMITATION.—To the maximum extent consistent with paragraph (1); (1) NEW WILDERNESS AREAS.—Subject to practicable, the Secretary shall use the min- (3) protecting areas that may develop char- valid existing rights, the Secretary of Agri- imum tool or administrative practice nec- acteristics of old-growth forests; and culture shall administer the lands in the Jef- essary to accomplish ecological restoration (4) providing a variety of recreation oppor- ferson National Forest designated as a new with the least amount of adverse impact on tunities, consistent with the preceding para- wilderness area by the amendments made by wilderness character and resources. graphs. subsection (a) in accordance with this sec- (e) WILDERNESS DESIGNATION.—The poten- (d) ADMINISTRATION.— tion and the Wilderness Act (16 U.S.C. 1131 et tial wilderness area shall be designated as (1) IN GENERAL.—The Secretary of Agri- seq.), except that, with respect to such lands, wilderness and incorporated in the culture shall administer the scenic areas in any reference in the Wilderness Act to the Kimberling Creek Wilderness on the earlier accordance with this section and the laws effective date of that Act shall be deemed to of— and regulations generally applicable to the be a reference to the date of the enactment (1) the date on which the Secretary of Ag- National Forest System. In the event of con- of this Act. riculture publishes in the Federal Register flict between this section and other laws and (2) EXPANDED WILDERNESS AREAS.—Subject notice that the conditions in the potential regulations, this section shall take prece- to valid existing rights, the Secretary of Ag- wilderness area that are incompatible with dence. riculture shall administer the lands in the the Wilderness Act (16 U.S.C. 1131 et seq.) (2) CONSISTENT USE.—The Secretary shall Jefferson National Forest designated as wil- have been removed; or only allow such uses of the scenic areas as derness and incorporated into an existing (2) the date that is five years after the date the Secretary finds will further the purposes wilderness area by the amendments made by of the enactment of this Act. for which the scenic areas are established. subsection (a) in accordance with this sec- (f) ADMINISTRATION.—Subject to valid ex- (e) MANAGEMENT PLAN.—Within two years tion, the Wilderness Act (16 U.S.C. 1131 et isting rights, upon incorporation of the lands after the date of the enactment of this Act, seq.), and other laws applicable to that wil- designated as wilderness under subsection (e) the Secretary of Agriculture shall develop a management plan for the scenic areas con- derness area, except that, with respect to in the Kimberling Creek Wilderness, the Sec- sistent with this section. The management such lands, any reference in the Wilderness retary of Agriculture shall administer the plan shall be developed as an amendment to Act to the effective date of that Act shall be lands in accordance with the Wilderness Act the land and resource management plan for deemed to be a reference to the date of the (16 U.S.C. 1131 et seq.) and other laws appli- the Jefferson National Forest, except that enactment of this Act. cable to that wilderness area, except that, with respect to such lands, any reference in nothing in this section requires the Sec- SEC. 3. DESIGNATION OF KIMBERLING CREEK the Wilderness Act to the effective date of retary to revise the land and resource man- POTENTIAL WILDERNESS AREA, JEF- agement plan for the Jefferson National For- FERSON NATIONAL FOREST, VIR- that Act shall be deemed to be a reference to GINIA. the date on which the lands are designated est pursuant to section 6 of the Forest and (a) DESIGNATION.—In furtherance of the as wilderness under subsection (e). Rangeland Renewable Resources Planning purposes of the Wilderness Act (16 U.S.C. 1131 SEC. 4. DESIGNATION OF SENG MOUNTAIN AND Act of 1974 (16 U.S.C. 1604). et seq.), certain lands in the Jefferson Na- BEAR CREEK SCENIC AREAS, JEF- (f) ROADS.—After the date of the enact- tional Forest, which comprise approximately FERSON NATIONAL FOREST, VIR- ment of this Act, no roads shall be estab- 349 acres, as generally depicted on the map GINIA. lished or constructed within the scenic entitled ‘‘Kimberling Creek Additions and (a) ESTABLISHMENT.—The following Na- areas, except that this prohibition shall not Potential Wilderness Area’’ and dated Feb- tional Forest System lands in the State of be construed to deny access to private lands ruary 2007, are designated as a potential wil- Virginia are hereby designated as National or interests therein in the scenic areas. (g) VEGETATION MANAGEMENT.—No timber derness area for eventual incorporation in Scenic Areas (in this section referred to as harvest shall be allowed within the scenic the Kimberling Creek Wilderness designated the ‘‘scenic areas’’): areas, except as the Secretary of Agriculture by section 2(2) of the Virginia Wilderness Act (1) Certain lands in the Jefferson National finds necessary in the control of fire, insects, of 1984 (Public Law 98–586; 98 Stat. 3105). Forest, which comprise approximately 6,455 and diseases and to provide for public safety (b) MAP AND LEGAL DESCRIPTIONS.— acres, as generally depicted on the map enti- and trail access. Notwithstanding the pre- (1) FILING.—As soon as practicable after tled ‘‘Seng Mountain and Raccoon Branch’’ ceding sentence, the Secretary may engage the date of the enactment of this Act, the and dated February 2007, and which shall be in vegetation manipulation practices for Secretary of Agriculture shall file with the known as the Seng Mountain National Sce- maintenance of existing wildlife clearings Committee on Agriculture, Nutrition, and nic Area. and visual quality. Firewood may be har- (2) Certain lands in the Jefferson National Forestry of the Senate and the Committee vested for personal use along perimeter roads Forest, which comprise approximately 5,128 on Natural Resources and the Committee on under such conditions as the Secretary may acres, as generally depicted on the map enti- Agriculture of the House of Representatives impose. a map and legal description of potential wil- tled ‘‘Bear Creek’’ and dated February 2007, (h) MOTORIZED TRAVEL.—Motorized travel derness area. and which shall be known as the Bear Creek shall not be permitted within the scenic (2) FORCE AND EFFECT.—The map and legal National Scenic Area. areas, except that the Secretary of Agri- description referred to in paragraph (1) shall (b) MAPS AND LEGAL DESCRIPTIONS.— culture may authorize motorized travel have the same force and effect as if included (1) FILING.—As soon as practicable after within the scenic areas— in this Act, except that the Secretary of Ag- the date of the enactment of this Act, the (1) as necessary for administrative use in riculture may correct clerical and typo- Secretary of Agriculture shall file with the furtherance of the purposes of this section; graphical errors in the map and description. Committee on Agriculture, Nutrition, and (2) in support of wildlife management In the case of any discrepancy between the Forestry of the Senate and the Committee projects in existence as of the date of the en- acreage specified in subsection (a) and the on Natural Resources and the Committee on actment of this Act; and map filed under paragraph (1), the map shall Agriculture of the House of Representatives (3) on Forest Development Road 9410 and control. a map and legal description of each of the 84b during deer and bear hunting seasons. (3) AVAILABILITY.—The map and legal de- scenic areas. (i) FIRE.—Wildfires in the scenic area shall scription referred to in paragraph (1) shall be (2) FORCE AND EFFECT.—The maps and legal be suppressed in a manner consistent with on file and available for public inspection in descriptions referred to in paragraph (1) shall the purposes of this section, using such the Office of the Chief of the Forest Service. have the same force and effect as if included means as the Secretary of Agriculture con- (c) MANAGEMENT.—Except as provided in in this Act, except that the Secretary of Ag- siders appropriate. subsection (d) and subject to valid existing riculture may correct clerical and typo- (j) INSECTS AND DISEASE.—Insect and dis- rights, the Secretary of Agriculture shall graphical errors in the maps and descrip- ease outbreaks may be controlled in the sce- manage the potential wilderness area as wil- tions. In the case of any discrepancy between nic areas to maintain scenic quality, prevent

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28017 tree mortality, reduce hazards to visitors, or (1) in the matter preceding paragraph (1), by ‘Peters Mountain Addition’ and dated February protect private lands. striking ‘‘System—’’ and inserting ‘‘System:’’; 2007, and which are hereby incorporated in the (k) WATER.—The Secretary of Agriculture (2) by striking ‘‘certain’’ at the beginning of Peters Mountain Wilderness designated by sec- shall administer the scenic areas so as to paragraphs (1) through (8) and inserting ‘‘Cer- tion 2(7) of the Virginia Wilderness Act of 1984 maintain and enhance water quality. tain’’; (Public Law 98–586; 98 Stat. 3105). (l) MINING WITHDRAWAL.—Subject to valid (3) by striking the semicolon at the end of ‘‘(20) Certain lands in the Jefferson National existing rights, all federally owned lands in paragraphs (1) through (6) and inserting a pe- Forest, which comprise approximately 263 acres, the scenic areas are withdrawn from loca- riod; as generally depicted on the map entitled tion, entry, and patent under the mining (4) by striking ‘‘; and’’ at the end of para- ‘Kimberling Creek Additions and Potential Wil- laws of the United States and from leasing graph (7) and inserting a period; and derness Area’ and dated February 2007, and claims under the mineral and geothermal (5) by adding at the end the following new which are hereby incorporated in the leasing laws of the United States, including paragraphs: Kimberling Creek Wilderness designated by sec- amendments to such laws. ‘‘(9) Certain lands in the Jefferson National tion 2(2) of the Virginia Wilderness Act of 1984 SEC. 5. TRAIL PLAN AND DEVELOPMENT. Forest, which comprise approximately 3,769 (Public Law 98–586; 98 Stat. 3105).’’. (a) TRAIL PLAN.—The Secretary of Agri- acres, as generally depicted on the map entitled (b) DESIGNATION OF WILDERNESS STUDY culture shall establish a trail plan for Na- ‘Brush Mountain and Brush Mountain East’ AREA.—Section 6(a) of the Virginia Wilderness tional Forest System lands described in this and dated February 2007, and which shall be Act of 1984 (Public Law 98–586; 98 Stat. 3108) is subsection in order to develop the following: known as the Brush Mountain East Wilderness. amended— (1) Hiking and equestrian trails on the ‘‘(10) Certain lands in the Jefferson National (1) by striking ‘‘certain’’ at the beginning of lands in the Jefferson National Forest des- Forest, which comprise approximately 4,794 paragraphs (1) through (4) and inserting ‘‘Cer- ignated as wilderness by the amendments acres, as generally depicted on the map entitled tain’’; made by section 2(a), in a manner consistent ‘Brush Mountain and Brush Mountain East’ (2) by striking the semicolon at the end of with the Wilderness Act (16 U.S.C. 1131 et and dated February 2007, and which shall be paragraphs (1) and (2) and inserting a period; seq.). known as the Brush Mountain Wilderness. (3) by striking ‘‘; and’’ at the end of para- (2) Nonmotorized recreation trails within ‘‘(11) Certain lands in the Jefferson National graph (3) and inserting a period; and the Seng Mountain and Bear Creek Scenic Forest, which comprise approximately 4,223 (4) by adding at the end the following new Areas designated by section 4. acres, as generally depicted on the map entitled paragraph: (b) CONSULTATION.—The Secretary of Agri- ‘Seng Mountain and Raccoon Branch’ and ‘‘(5) Certain lands in the Jefferson National culture shall establish the trail plan in con- dated February 2007, and which shall be known Forest, which comprise approximately 3,226 sultation with interested parties. as the Raccoon Branch Wilderness. acres, as generally depicted on a map entitled (c) IMPLEMENTATION REPORT.—Not later ‘‘(12) Certain lands in the Jefferson National ‘Lynn Camp Creek Wilderness Study Area’ and than two years after the date of the enact- Forest, which comprise approximately 3,270 dated February 2007, and which shall be known ment of this Act, the Secretary of Agri- acres, as generally depicted on the map entitled as the Lynn Camp Creek Wilderness Study culture shall submit to Congress a report on ‘Stone Mountain’ and dated February 2007, and Area.’’. the implementation of the trail plan, includ- which shall be known as the Stone Mountain (c) MAPS AND LEGAL DESCRIPTIONS.— ing the identification of priority trails for Wilderness. (1) FILING.—As soon as practicable after the development. ‘‘(13) Certain lands in the Jefferson National date of the enactment of this Act, the Secretary (d) TRAIL REQUIRED.—The Secretary of Ag- Forest, which comprise approximately 8,470 of Agriculture shall file with the Committee on riculture shall develop a sustainable trail, acres, as generally depicted on the map entitled Agriculture, Nutrition, and Forestry of the Sen- using a contour curvilinear alignment, to ‘Hunting Camp Creek and Garden Mountain’ ate and the Committee on Natural Resources provide a continuous connection for non-mo- and dated February 2007, and which shall be and the Committee on Agriculture of the House torized travel between County Route 650 and known as the Hunting Camp Creek Wilderness. of Representatives a map and legal description Forest Development Road 4018 in Smyth ‘‘(14) Certain lands in the Jefferson National of each wilderness area designated or expanded County, Virginia. Forest, which comprise approximately 3,291 by the amendments made by subsection (a) and The SPEAKER pro tempore. Pursu- acres, as generally depicted on the map entitled of the Lynn Camp Creek Wilderness Study Area ant to House Resolution 763, the ‘Hunting Camp Creek and Garden Mountain’ designated by the amendment made by sub- amendment in the nature of a sub- and dated February 2007, and which shall be section (b). stitute printed in the bill is adopted known as the Garden Mountain Wilderness. (2) FORCE AND EFFECT.—The maps and legal ‘‘(15) Certain lands in the Jefferson National descriptions referred to in paragraph (1) shall and the bill, as amended, is considered Forest, which comprise approximately 5,476 have the same force and effect as if included in read. acres, as generally depicted on the map entitled this Act, except that the Secretary of Agri- The text of the bill, as amended, is as ‘Mountain Lake Additions’ and dated February culture may correct clerical and typographical follows: 2007, and which are hereby incorporated in the errors in the maps and descriptions. In the case H.R. 1011 Mountain Lake Wilderness designated by sec- of any discrepancy between the acreage speci- Be it enacted by the Senate and House of Rep- tion 2(6) of the Virginia Wilderness Act of 1984 fied in the amendments made by subsection (a) resentatives of the United States of America in (Public Law 98–586; 98 Stat. 3105). or (b) and the corresponding map filed under Congress assembled, ‘‘(16) Certain lands in the Jefferson National paragraph (1), the map shall control. Forest, which comprise approximately 308 acres, (3) AVAILABILITY.—The maps and legal de- SECTION 1. SHORT TITLE AND TABLE OF CON- TENTS. as generally depicted on the map entitled ‘Lewis scriptions referred to in paragraph (1) shall be Fork Addition and Little Wilson Creek Addi- on file and available for public inspection in the (a) SHORT TITLE.—This Act may be cited as the ‘‘Virginia Ridge and Valley Act of 2007’’. tions’ and dated February 2007, and which are Office of the Chief of the Forest Service. (b) TABLE OF CONTENTS.—The table of con- hereby incorporated in the Lewis Fork Wilder- (d) ADMINISTRATION.— tents for this Act is as follows: ness designated by section 2(3) of the Virginia (1) NEW WILDERNESS AREAS.—Subject to valid Wilderness Act of 1984 (Public Law 98–586; 98 existing rights, the Secretary of Agriculture Sec. 1. Short title and table of contents. Stat. 3105). shall administer the lands in the Jefferson Na- Sec. 2. Designation of additional National For- ‘‘(17) Certain lands in the Jefferson National tional Forest designated as a new wilderness est System lands in Jefferson Na- Forest, which comprise approximately 1,845 area by the amendments made by subsection (a) tional Forest, Virginia, as wilder- acres, as generally depicted on the map entitled in accordance with this section and the Wilder- ness or a wilderness study area. ‘Lewis Fork Addition and Little Wilson Creek ness Act (16 U.S.C. 1131 et seq.), except that, Sec. 3. Designation of Kimberling Creek Poten- Additions’ and dated February 2007, and which with respect to such lands, any reference in the tial Wilderness Area, Jefferson are hereby incorporated in the Little Wilson Wilderness Act to the effective date of that Act National Forest, Virginia. Sec. 4. Designation of Seng Mountain and Bear Creek Wilderness designated by section 2(5) of shall be deemed to be a reference to the date of Creek Scenic Areas, Jefferson Na- the Virginia Wilderness Act of 1984 (Public Law the enactment of this Act. tional Forest, Virginia. 98–586; 98 Stat. 3105). (2) EXPANDED WILDERNESS AREAS.—Subject to Sec. 5. Trail plan and development. ‘‘(18) Certain lands in the Jefferson National valid existing rights, the Secretary of Agri- Forest, which comprise approximately 2,249 culture shall administer the lands in the Jeffer- SEC. 2. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LANDS IN JEFFER- acres, as generally depicted on the map entitled son National Forest designated as wilderness SON NATIONAL FOREST, VIRGINIA, ‘Shawvers Run Additions’ and dated February and incorporated into an existing wilderness AS WILDERNESS OR A WILDERNESS 2007, and which are hereby incorporated in the area by the amendments made by subsection (a) STUDY AREA. Shawvers Run Wilderness designated by para- in accordance with this section, the Wilderness (a) DESIGNATION OF WILDERNESS.—Section 1 graph (4). Act (16 U.S.C. 1131 et seq.), and other laws ap- of Public Law 100–326 (102 Stat. 584; 16 U.S.C. ‘‘(19) Certain lands in the Jefferson National plicable to that wilderness area, except that, 1132 note), as amended by Public Law 106–471 Forest, which comprise approximately 1,203 with respect to such lands, any reference in the (114 Stat. 2057), is further amended— acres, as generally depicted on the map entitled Wilderness Act to the effective date of that Act

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00056 Fmt 0688 Sfmt 6333 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28018 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 shall be deemed to be a reference to the date of to be a reference to the date on which the lands structed within the scenic areas, except that this the enactment of this Act. are designated as wilderness under subsection prohibition shall not be construed to deny ac- SEC. 3. DESIGNATION OF KIMBERLING CREEK PO- (e). cess to private lands or interests therein in the TENTIAL WILDERNESS AREA, JEF- SEC. 4. DESIGNATION OF SENG MOUNTAIN AND scenic areas. FERSON NATIONAL FOREST, VIR- BEAR CREEK SCENIC AREAS, JEF- (g) VEGETATION MANAGEMENT.—No timber GINIA. FERSON NATIONAL FOREST, VIR- harvest shall be allowed within the scenic areas, (a) DESIGNATION.—In furtherance of the pur- GINIA. except as the Secretary of Agriculture finds nec- poses of the Wilderness Act (16 U.S.C. 1131 et (a) ESTABLISHMENT.—The following National essary in the control of fire, insects, and dis- seq.), certain lands in the Jefferson National Forest System lands in the State of Virginia are eases and to provide for public safety and trail Forest, which comprise approximately 349 acres, hereby designated as National Scenic Areas (in access. Notwithstanding the preceding sentence, as generally depicted on the map entitled this section referred to as the ‘‘scenic areas’’): the Secretary may engage in vegetation manipu- ‘‘Kimberling Creek Additions and Potential Wil- (1) Certain lands in the Jefferson National lation practices for maintenance of existing derness Area’’ and dated February 2007, are Forest, which comprise approximately 6,455 wildlife clearings and visual quality. Firewood designated as a potential wilderness area for acres, as generally depicted on the map entitled may be harvested for personal use along perim- eventual incorporation in the Kimberling Creek ‘‘Seng Mountain and Raccoon Branch’’ and eter roads under such conditions as the Sec- Wilderness designated by section 2(2) of the Vir- dated February 2007, and which shall be known retary may impose. ginia Wilderness Act of 1984 (Public Law 98–586; as the Seng Mountain National Scenic Area. (h) MOTORIZED TRAVEL.—Motorized travel 98 Stat. 3105). (2) Certain lands in the Jefferson National shall not be permitted within the scenic areas, (b) MAP AND LEGAL DESCRIPTIONS.— Forest, which comprise approximately 5,128 except that the Secretary of Agriculture may au- (1) FILING.—As soon as practicable after the acres, as generally depicted on the map entitled thorize motorized travel within the scenic date of the enactment of this Act, the Secretary ‘‘Bear Creek’’ and dated February 2007, and areas— of Agriculture shall file with the Committee on which shall be known as the Bear Creek Na- (1) as necessary for administrative use in fur- Agriculture, Nutrition, and Forestry of the Sen- tional Scenic Area. therance of the purposes of this section; ate and the Committee on Natural Resources (b) MAPS AND LEGAL DESCRIPTIONS.— (2) in support of wildlife management projects and the Committee on Agriculture of the House (1) FILING.—As soon as practicable after the in existence as of the date of the enactment of of Representatives a map and legal description date of the enactment of this Act, the Secretary this Act; and of potential wilderness area. of Agriculture shall file with the Committee on (3) on Forest Development Roads 9410 and 84b (2) FORCE AND EFFECT.—The map and legal Agriculture, Nutrition, and Forestry of the Sen- during deer and bear hunting seasons and on description referred to in paragraph (1) shall ate and the Committee on Natural Resources that portion of Forest Development Road 6261 have the same force and effect as if included in and the Committee on Agriculture of the House designated on the map referred to in subsection this Act, except that the Secretary of Agri- of Representatives a map and legal description (a)(2) as ‘‘open seasonally’’ during deer and culture may correct clerical and typographical of each of the scenic areas. bear hunting seasons. errors in the map and description. In the case of (2) FORCE AND EFFECT.—The maps and legal (i) FIRE.—Wildfires in the scenic area shall be any discrepancy between the acreage specified descriptions referred to in paragraph (1) shall suppressed in a manner consistent with the pur- in subsection (a) and the map filed under para- have the same force and effect as if included in poses of this section, using such means as the graph (1), the map shall control. this Act, except that the Secretary of Agri- Secretary of Agriculture considers appropriate. (3) AVAILABILITY.—The map and legal de- culture may correct clerical and typographical (j) INSECTS AND DISEASE.—Insect and disease scription referred to in paragraph (1) shall be on errors in the maps and descriptions. In the case outbreaks may be controlled in the scenic areas file and available for public inspection in the of any discrepancy between the acreage speci- to maintain scenic quality, prevent tree mor- Office of the Chief of the Forest Service. fied in subsection (a) and the corresponding tality, reduce hazards to visitors, or protect pri- (c) MANAGEMENT.—Except as provided in sub- map filed under paragraph (1), the map shall vate lands. section (d) and subject to valid existing rights, control. (k) WATER.—The Secretary of Agriculture the Secretary of Agriculture shall manage the (3) AVAILABILITY.—The maps and legal de- shall administer the scenic areas so as to main- potential wilderness area as wilderness pending scriptions referred to in paragraph (1) shall be tain and enhance water quality. its incorporation in the Kimberling Creek Wil- on file and available for public inspection in the (l) MINING WITHDRAWAL.—Subject to valid ex- derness. Office of the Chief of the Forest Service. isting rights, all federally owned lands in the (d) ECOLOGICAL RESTORATION.— (c) PURPOSES OF SCENIC AREAS.—The scenic scenic areas are withdrawn from location, (1) IN GENERAL.—For purposes of ecological areas are established for the purposes of— entry, and patent under the mining laws of the restoration (including the elimination of non- (1) ensuring the protection and preservation United States and from leasing claims under the native species, removal of illegal, unused, or de- of scenic quality, water quality, natural charac- mineral and geothermal leasing laws of the commissioned roads, and any other activities teristics, and water resources; United States, including amendments to such necessary to restore the natural ecosystems in (2) protecting wildlife and fish habitat, con- laws. the potential wilderness area), the Secretary of sistent with paragraph (1); SEC. 5. TRAIL PLAN AND DEVELOPMENT. Agriculture may use motorized equipment and (3) protecting areas that may develop charac- (a) TRAIL PLAN.—The Secretary of Agriculture mechanized transport in the potential wilder- teristics of old-growth forests; and shall establish a trail plan for National Forest ness area until its incorporation in the (4) providing a variety of recreation opportu- System lands described in this subsection in Kimberling Creek Wilderness. nities, consistent with the preceding para- order to develop the following: (2) LIMITATION.—To the maximum extent graphs. (1) Hiking and equestrian trails on the lands practicable, the Secretary shall use the minimum (d) ADMINISTRATION.— in the Jefferson National Forest designated as tool or administrative practice necessary to ac- (1) IN GENERAL.—The Secretary of Agriculture wilderness by the amendments made by section complish ecological restoration with the least shall administer the scenic areas in accordance 2(a), in a manner consistent with the Wilderness amount of adverse impact on wilderness char- with this section and the laws and regulations Act (16 U.S.C. 1131 et seq.). acter and resources. generally applicable to the National Forest Sys- (2) Nonmotorized recreation trails within the (e) WILDERNESS DESIGNATION.—The potential tem. In the event of conflict between this section Seng Mountain and Bear Creek Scenic Areas wilderness area shall be designated as wilder- and other laws and regulations, this section designated by section 4. ness and incorporated in the Kimberling Creek shall take precedence. (b) CONSULTATION.—The Secretary of Agri- Wilderness on the earlier of— (2) CONSISTENT USE.—The Secretary shall only culture shall establish the trail plan in con- (1) the date on which the Secretary of Agri- allow such uses of the scenic areas as the Sec- sultation with interested parties. culture publishes in the Federal Register notice retary finds will further the purposes for which (c) IMPLEMENTATION REPORT.—Not later than that the conditions in the potential wilderness the scenic areas are established. two years after the date of the enactment of this area that are incompatible with the Wilderness (e) MANAGEMENT PLAN.—Within two years Act, the Secretary of Agriculture shall submit to Act (16 U.S.C. 1131 et seq.) have been removed; after the date of the enactment of this Act, the Congress a report on the implementation of the or Secretary of Agriculture shall develop a man- trail plan, including the identification of pri- (2) the date that is five years after the date of agement plan for the scenic areas consistent ority trails for development. the enactment of this Act. with this section. The management plan shall be (d) TRAIL REQUIRED.—The Secretary of Agri- (f) ADMINISTRATION.—Subject to valid existing developed as an amendment to the land and re- culture shall develop a sustainable trail, using a rights, upon incorporation of the lands des- source management plan for the Jefferson Na- contour curvilinear alignment, to provide a con- ignated as wilderness under subsection (e) in tional Forest, except that nothing in this section tinuous connection for non-motorized travel be- the Kimberling Creek Wilderness, the Secretary requires the Secretary to revise the land and re- tween County Route 650 and Forest Develop- of Agriculture shall administer the lands in ac- source management plan for the Jefferson Na- ment Road 4018 in Smyth County, Virginia. cordance with the Wilderness Act (16 U.S.C. tional Forest pursuant to section 6 of the Forest 1131 et seq.) and other laws applicable to that and Rangeland Renewable Resources Planning The SPEAKER pro tempore. After 1 wilderness area, except that, with respect to Act of 1974 (16 U.S.C. 1604). hour of debate on the bill, as amended, such lands, any reference in the Wilderness Act (f) ROADS.—After the date of the enactment of it shall be in order to consider the to the effective date of that Act shall be deemed this Act, no roads shall be established or con- amendment printed in House Report

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.001 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28019 110–403 if offered by the gentleman H.R. 1011, the Virginia Ridge and Val- still are major consequences for what from Virginia (Mr. GOODLATTE) or his ley Act, was introduced by my friend Congress did in 1980. In the East, where designee, which shall be in order with- and neighboring colleague, Representa- most of you come from, that is not al- out intervention of any point of order tive RICK BOUCHER. ways the case. or demand for division of the question, The bill designates nearly 40,000 acres All I can say is that if this is what shall be considered read, and shall be in the Jefferson National Forest as wil- Mr. BOUCHER and his constituents want debatable for 10 minutes, equally di- derness and nearly 12,000 acres as Na- in Virginia, then good luck. I can guess vided and controlled by the proponent tional Scenic Areas. These natural that one day, I think that one day they and an opponent. spaces represent some of the true wild will regret this action. Given Virginia’s The gentleman from West Virginia gems of the Commonwealth of Virginia population growth, the severe risk of (Mr. RAHALL) and the gentleman from and my State of West Virginia. forest fires, such as they are in Cali- Alaska (Mr. YOUNG) each will control H.R. 1011 is a strong bipartisan meas- fornia today, caused by sustained 30 minutes. ure that is cosponsored by several drought, I believe all but two counties The Chair recognizes the gentleman other representatives from Virginia. have been declared disaster areas by from West Virginia. H.R. 1011 also has broad support from the Governor last week, problems with Mr. RAHALL. Mr. Speaker, I yield to Governor Tim Kaine, both Virginia gypsy moths and other agricultural the gentleman from Virginia (Mr. Senators, four county boards of super- threats to this area and the dampening SCOTT) for the purpose of a unanimous visors, local businesses, State organiza- effect that wilderness restrictions can consent request. tions, hunters and faith groups. have on the development of adjacent Mr. SCOTT of Virginia. I thank the Each of the areas within H.R. 1011 areas, you may wonder why you have gentleman for yielding. were either recommended for wilder- brought this upon yourself. We should Mr. Speaker, I rise today in support of H.R. ness designation in the 2004 Jefferson be looking to give the Forest Service 1011, the Virginia Ridge and Valley Act of National Forest Plan or have been en- more tools to manage our lands, not 2007, introduced by my colleague from Vir- dorsed by the local board of supervisors taking them away, which is exactly ginia’s Ninth Congressional District, Congress- of the relevant county. All the areas of what wilderness does. man RICK BOUCHER. I am proud to have been H.R. 1011 are located within the dis- Once this bill becomes law, our con- an original cosponsor of this important con- trict of Representative BOUCHER, who stituents, your constituents, may find servation legislation in this Congress and in has been a true leader and fighter for that they may not be able to burn wood the last Congress and I commend Congress- this legislation and deserves the com- in their fireplaces that keep them man BOUCHER for all his hard work on this bill mendation of us all. warm in the winter because their qual- over the years. ity of wilderness must be protected, or This bipartisan bill will protect approximately All are located within his District, as I said, with the exception of a 555 wil- that a new school or hospital can’t be 54,000 acres of the Jefferson National Forest built because the view shed for the wil- in Virginia through the designation of addi- derness-acre addition that I am proud to note is in my congressional district derness could be affected. People are tional wilderness areas and the creation of even talking about ‘‘smellscapes’’ when new National Scenic Areas. Although mecha- in Monroe County, West Virginia. Wil- derness designation is not new to this it comes to wilderness areas, so enjoy nized traffic and equipment would be prohib- your Weber grill right now while you ited in much of these areas, recreational ac- portion of Virginia. In addition to des- ignating six new wilderness areas, the can. tivities would be permitted and encouraged The committee should also know legislation provides for additions to six throughout these new designations contrib- that H.R. 1011 designates nearly 27,000 existing wilderness areas. uting to the local economy of Southwest Vir- acres of wilderness above what was rec- The people of this area are well ac- ginia. Protecting these additional acres of pris- ommended by the Forest Service. This quainted with wilderness, and H.R. 1011 tine forest will ensure that future generations is contrary to the recently revised Jef- reflects their desire to preserve these will be able to enjoy the natural beauty of ferson National Forest Plan, which Southwest Virginia. We must also be vigilant natural treasures. By designating wil- took 11 years, millions of dollars, and in protecting environmentally sensitive areas derness, the Congress has long recog- extensive public involvement to create. by promoting responsible land use plans, nized that there are some places that We asked for this study. They followed which this bill does. should be left to the management of the rules, but now we are ignoring the The bill before us today was reported out of Mother Nature and that the all-know- professional land managers. the Natural Resources Committee by voice ing Creator’s careful handiwork is In addition, H.R. 1011 will endanger vote, is endorsed by the U.S. Forest Service, something worth conserving and cher- citizens living near this proposed wil- and is supported by Virginia Governor TIM ishing. derness area by tying the hands of the KAINE, members from both parties in the Vir- H.R. 1011 is a well-crafted and meri- Forest Service, who need to perform ginia delegation, both of Virginia’s Senators, torious measure that has broad support proactive treatments that could reduce JOHN WARNER and JIM WEBB, the Board of Su- for those who live in the area and their the risk of wildfires. Wildfires, I keep pervisors in Bland County, Craig County, elected officials. stressing that because we are seeing Montgomery County, and Smyth County, and Mr. Speaker, I urge adoption of the what is happening in California. If they various environmental organizations, including bill in the House today. cleared off those forests around those the League of Conservation Voters, the Gar- I reserve the balance of my time. homes, they would not be burning den Club of Virginia, the Natural Resources Mr. YOUNG of Alaska. Mr. Speaker, I today, but that was prohibited. Defense Council, the Sierra Club, the Wilder- come from a State which has more of Nonqualifying areas are now being ness Society, and the Virginia Wilderness its land locked up in wilderness than actively managed for endangered Committee. any other State, 58 million acres. This threatened species protection, and this Mr. Speaker, this bill is vitally important to is larger than the entire State of New could come to an end. conservation efforts in the Commonwealth of York and accounts for 56 percent of all The amendment filed by Mr. GOOD- Virginia and to guaranteeing that future gen- the wilderness in the United States, so LATTE helps mitigate some of these erations of Americans can experience the nat- I think I know wilderness. I know that issues, and I will strongly support the ural wonder and beauty of Southwest Virginia. a lot of wilderness in Alaska is des- amendment. Most notably, the amend- I applaud Congressman BOUCHER and his ignated for reasons that have little to ment will remove 26 acres which con- staff for all of their hard work on this bill. I en- do with the stated goals of the Wilder- tain a power line and remove 1,263 courage my colleagues to support the legisla- ness Act. acres from the proposed designation to tion and I encourage each of them to experi- The designations have blocked vital allow continued use of the Barton Gap ence firsthand the pristine natural beauty of uses of these lands and blocked access Motorized trail and Wildlife Habitat Southwest Virginia. to State and private resources that we Management in key areas. Mr. RAHALL. Mr. Speaker, I yield Alaskans were promised when we en- I could go on and on about this. I just myself such time as I may consume. tered statehood. There have been and want to warn people, it is not the area

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28020 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 we are talking about; it is the Wilder- ignation, and 10,000 acres will become spoke and his presentation. I just, ness Act itself, and it should be up- new national scenic areas. These des- again, wish that people would under- graded. I encourage my chairman to do ignations confer both economic and en- stand it’s not the wilderness itself; it’s so so that we can address those prob- vironmental benefits that are of great how the act has been written. And if lems that can occur from the designa- importance to our region. you think you’re going to make a liv- tion of wilderness, taking care of gypsy Virginia’s national forest provides an ing off of coffee shops and tourism, moths, taking care of the fires, taking excellent outdoor experience with our these are low-grade paying jobs. I’ve care of the ability to access and to State’s highest mountains, fast-flowing seen it happen. I’ve seen my town of have the availability of the area for rivers and superb hunting, camping, Ketchikan. We created a forest that we public use. If we do not do that, then I fishing, backpacking, winter sports and can’t harvest and we took $80,000 jobs think we are doing ourselves a great other activities. now down to the minimum wage. That mistake. Our existing wilderness areas are will happen too. So I just, and it’s too I do not live in this area. I am not af- treasured by a growing number of trav- late, it’s your district. You believe in fected by it. That’s why, very frankly, elers who collectively are boosting Vir- what you say, and I commend you for I am not raising some of the objections ginia’s tourism economy. In fact, tour- it. But this is not the economy which I that I should have raised to it. ism is among the fastest growing of all see, serving those that come from the I think you will learn, though, in the the industries in my congressional dis- larger urban areas, the elitists, as I long run, you are not doing yourselves trict; and our existing wilderness call it. a favor. The Forest Service themselves areas, which are a haven for outdoor And this area, by the way, was can manage this land in a manner that activities and recreation of various farmed at one time, as you know, and will take and provide for the people. It kinds, are a significant contributor to timbered and mined. People had jobs does not have to be designated as a wil- that current growth in the economy that provided and produced. We are derness area. within my region. rapidly becoming a Nation of consump- Again, it has already been done. We The protections we’re extending tion and of no production, of pleasure have moved it out of committee, and I today for lands containing rare treas- and no sweat. will say, again, may I not be on this ures of Virginia’s natural heritage and Having said that, I have no other floor when you come back to say we the permanent protection that will speakers, and yield back the balance of have to revise it. then be afforded will further enhance my time. Mr. Speaker, I reserve the balance of our region’s travel economy. These des- Mr. DAVIS of Virginia. Mr. Speaker, in 1964 my time. ignations also protect old-growth tim- Congress created the Wilderness Preservation b 1715 ber, wildlife habitat, and our region’s System to recognize and protect pure, Mr. RAHALL. Mr. Speaker, I’m very clean water resources. untarnished areas of land. With a wilderness proud to yield 5 minutes to my dear Virginia has a long and proud history designation, the land is off-limits to develop- friend and the very powerful sub- of resource conservation and protec- ment, natural resource extraction and most committee Chair of Energy and Air tion of our diverse ecosystems. We forms of mechanized activity. Congress cre- Quality, Mr. BOUCHER. have continual awareness of the unique ated this system as they witnessed these nat- Mr. BOUCHER. Mr. Speaker, I want role that our natural landscape plays ural splendors continuing to disappear. Forty to thank the gentleman from West Vir- in our culture and in our State’s his- years later, lands remain eligible for such a ginia (Mr. RAHALL) who, with such dis- tory. That awareness is reflected in the designation, but Congress has failed to pro- tinction, chairs the Committee on Nat- bipartisan support for this measure in vide them protection. ural Resources, for his leadership and both our House and Senate delegations. These areas are rarer today than ever be- his very able assistance in bringing It is reflected in the endorsement of fore. Failure to protect them now would leave this measure to the House floor today. this bill by local governments in my them vulnerable to actions that could jeop- Earlier this year, I introduced the congressional district, and it is re- ardize the inherent qualities that make them legislation, along with other members flected in the endorsements for the bill eligible to be classified as wilderness. of Virginia’s House delegation. In fact, of numerous civic organizations and With passage, the House will designate original cosponsors of this legislation literally of scores of local businesses. 43,000 acres of the Jefferson National Forest comprise a majority of Virginia’s With thanks to the six Virginia co- as wilderness and add 12,000 acres to the House delegation, and it is a bipartisan sponsors, and all who have assisted us, National Scenic Areas inventory. With this ac- majority of that delegation. And I and particular thanks to Chairman RA- tion we will ensure our nation’s children and want to express my appreciation to our HALL of the Natural Resources Com- grandchildren visiting our great Common- colleagues from Virginia, Representa- mittee, and his outstanding staff, I wealth in the years to come, will have the tives WOLF, DAVIS, SCOTT and MORAN urge passage of the Virginia Ridge and same access to pristine lands as was avail- for coauthoring the bill, along with me, Valley Act. able to us and those who preceded us. and for their strong support of this ef- Over the last several weeks, I have The solitude that can be found in these fort. I would also note, Mr. Speaker, been engaged in discussions with my areas is something every American should ex- that the legislation was coauthored by friend and colleague, the gentleman perience. It harkens back to the founding of our recently departed colleague, Mrs. from our neighboring Sixth Congres- this great nation and provides an insight into Davis as well. sional district in Virginia (Mr. GOOD- the minds of those gone by. Again, on a bipartisan basis, Vir- LATTE) regarding the possibility of ad- As we continue to experience economic ginia’s United States Senators have in- justing the boundaries of some of the gains, we can also expect continued popu- troduced a measure identical to the areas receiving protection in this legis- lation growth, sprawl and strain on our envi- bill that is under consideration today. lation. ronment. With these combined factors, our The Virginia Ridge and Valley Act Mr. GOODLATTE will be offering an untarnished lands grow increasingly vulner- offers needed protection to 53,000 acres amendment shortly that reflects our able, but they also grow increasingly valuable. of national forest land in the congres- conversations and our agreement to ad- Let us act to protect them now. Protect sional district that I have the privilege just some of those boundaries. I’ll be them for their beauty. Protect them for their of representing. It extends protection urging the adoption of Mr. GOOD- purity. Protect them for our children. to approximately 550 acres of the Jef- LATTE’s amendment when that amend- Mr. RAHALL. Mr. Speaker, I yield ferson National Forest situated in our ment is offered later this afternoon. back the balance of my time. neighboring State of West Virginia, in I, again, thank the gentleman from The SPEAKER pro tempore. All time the congressional district represented West Virginia for yielding this time to for debate on the bill has expired. by Chairman RAHALL. me. AMENDMENT NO. 1 OFFERED BY MR. GOODLATTE Of the total acreage protected, 43,000 Mr. YOUNG of Alaska. Mr. Speaker, I Mr. GOODLATTE. Mr. Speaker, I acres will receive the wilderness des- appreciate the gentleman that just have an amendment at the desk.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28021 The SPEAKER pro tempore. The concerns I have with the bill. The fact I reserve the balance of my time. Clerk will designate the amendment. still remains that this bill ignores the Mr. BOUCHER. Mr. Speaker, I rise to The text of the amendment is as fol- recommendations of the professional claim the time in opposition to the lows: land managers working in the Jeffer- amendment. Amendment No. 1 printed in House Report son National Forest by designating The SPEAKER pro tempore. Is the 110–403 offered by Mr. GOODLATTE: 15,000 additional wilderness acres not gentleman opposed to the amendment? Page 3, line 20, strike ‘‘3,769 acres’’ and in- recommended in the forest plan. Mr. BOUCHER. I would say to the sert ‘‘3,743 acres’’. When the House Agriculture Com- Speaker that I rise for purposes of Page 3, line 22, strike ‘‘February’’ and in- mittee held a hearing on H.R. 1011 ear- claiming the time in opposition, al- sert ‘‘October’’. Page 12, line 23, strike ‘‘6,455 acres’’ and in- lier this month, several witnesses high- though I will not actually oppose the sert ‘‘5,192 acres’’. lighted serious concerns with these ad- amendment. Page 12, line 25, strike ‘‘February’’ and in- ditional wilderness areas. These ex- The SPEAKER pro tempore. Without sert ‘‘October’’. perts noted forest health and wildfire objection, the gentleman from Virginia Page 18, beginning line 6, strike subsection risks, increased recreation conflicts, is recognized for 5 minutes. (d) and insert the following new subsection: lack of suitability as wilderness and There was no objection. (d) TRAIL REQUIRED.—The Secretary of Ag- wildlife management needs. Mr. BOUCHER. Mr. Speaker, I want riculture shall develop a sustainable trail, Mr. Speaker, there is a reason why to thank the gentleman from Virginia using a contour curvilinear alignment, to provide for non-motorized travel along the Congress mandated that each national (Mr. GOODLATTE) for the good work southern boundary of the Raccoon Branch forest create a forest plan. Forest plans that we have been able to do together Wilderness established by section 1(11) of help the land management agencies on the amendment that he offers this Public Law 100–326, as added by (2)(a) of this find a balance among all the con- afternoon. I want to thank him for the Act, connecting to Forest Development Road flicting interests in national forests time that he and I have expended in 49352 in Smyth County, Virginia. and factor in the latest science and cite conversations about the subject matter The SPEAKER pro tempore. Pursu- specific qualities unique to each forest. the amendment addresses, and for the ant to House Resolution 763, the gen- Professional land managers then use considerable amount of time that his tleman from Virginia (Mr. GOODLATTE) this information to chart a path for very capable staff and mine have also and a Member opposed each will con- managing each forest for the coming expended on this matter. The staffs trol 5 minutes. years. have focused on it a bit more than we The Chair recognizes the gentleman The Jefferson Forest Plan, finalized have. from Virginia. in 2004, was developed over a 12-year Collectively, I think we’ve done a Mr. GOODLATTE. Mr. Speaker, I rise period and involved countless sci- very good job in addressing a range of today to offer an amendment which entists, land managers, interest groups the concerns that the gentleman from represents an agreement just ref- and interested citizens. Throughout Virginia last expressed. These adjust- erenced by my friend and colleague, the process, the Forest Service held ments are being made in a manner Mr. BOUCHER, and myself regarding over 100 technical meetings and re- which I think improves the bill, and it some of the concerns with regard to ceived over 15,000 public comments. is my intention to urge that the H.R. 1011, the Virginia Ridge and Val- This local approach is what Congress amendment be adopted. ley Act. And I’d like to thank Con- intended when it established the na- Under the amendment, 26 acres will gressman BOUCHER and congratulate tional forests. Instead of resisting this be removed from the Brush Mountain him for his hard work on this legisla- localized process, H.R. 1011 tells the East Wilderness Area in order to en- tion over a number of years, and thank professional land managers and the sure that an existing power line is not him for working with me to address public participants that the forest plan within the wilderness boundary. some of these important issues. is not important. It says that no mat- Another adjustment is of 1,263 acres, H.R. 1011, the Virginia Ridge and Val- ter how much discussion and com- and that is in the Seng Mountain Sce- ley Act, creates over 40,000 acres of wil- promise goes on at the local level, or nic Area, which will carve out a motor- derness, wilderness study, and poten- how good the science is, Congress cycle trail and an area appropriate for tial wilderness and over 11,000 acres of knows best how to manage the na- bear habitat management. national scenic areas in the Jefferson tional forest. Another portion of the amendment National Forest in southwest Virginia. Mr. Speaker, this is not the best way provides greater flexibility for the For- Mr. BOUCHER and I share the Jeffer- to manage the Nation’s public forests. est Service regarding trail construc- son National Forest between our dis- And that’s why I have worked with my tion adjacent to the Raccoon Branch tricts. Although this bill affects only colleague, Mr. BOUCHER, to try to rec- designated area. national forest land within Mr. BOU- tify these concerns. Until this bill is And as I indicated, these changes im- CHER’s district, any change in how the more reflective of the local perspec- prove the legislation, and I urge adop- forest is managed will impact my dis- tives and expert opinions in the forest tion of the amendment which makes trict. plan, I will continue to have concerns them. My amendment addresses three with H.R. 1011. As for the underlying bill, I would areas. First, it modifies the boundary I urge my colleagues to vote ‘‘yes’’ point out that this is truly a bipartisan of the Brush Mountain East Wilderness on this amendment, however, because I measure. It is cosponsored in this body Area, removing 26 acres containing a do think that the gentleman has been by a majority of Virginia’s House dele- power line which is not consistent with very forthcoming in working with us gation, including three original Repub- wilderness qualities. and hearing our concerns. And I hope lican sponsors, three original Demo- Second, the amendment changes the that that will continue as this process cratic sponsors. boundaries of the Seng Mountain Na- moves forward, and I would hope that In the other body, both of Virginia’s tional Scenic Area, removing 1,263 the chairman of the Resources Com- United States Senators, on a bipartisan acres from the area to allow continued mittee would work with us as well to basis, have introduced the identical use of the Barton Gap Motorized Trail continue to address concerns that we measure. And so the construction of and to allow for wildlife habitat man- have as the bill moves through the this legislation arises from a deep bi- agement. other body. partisan conversation that has pro- Finally, the amendment changes the Again, I thank the gentleman from ceeded over a number of years. trail language for the Raccoon Branch Virginia for his hard work on this leg- It also strongly reflects the desires of Area, allowing the Forest Service more islation, for his willingness to work the people in the district that I have flexibility when building the trail. with me in addressing these concerns. I the privilege of representing. It is true While I’m pleased to offer this wish more had been addressed, but I that some of the areas added for pro- amendment, it does not resolve all the thank him for where he has come. tection in this measure go beyond what

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28022 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 the forest plan devised by the Jefferson The Clerk read as follows: Mr. RAHALL. Mr. Speaker, I rise in National Forest management had rec- Mr. Lamborn moves to recommit the bill opposition to the motion to recommit. ommended. H.R. 1011 to the Committee on Natural Re- The SPEAKER pro tempore. The gen- sources with instructions to report the same tleman from West Virginia is recog- b 1730 back to the House forthwith with the fol- nized for 5 minutes. But nowhere is it written that Con- lowing amendment: Mr. RAHALL. Mr. Speaker, the gen- gress making ultimate public policy is At the end of section 2, add the following tleman from Colorado’s amendment in some way disabled from adding areas new subsection: would appear to be a restatement of for protection that go beyond what the (e) MOTORIZED ACCESS IN EMERGENCIES.— The designation of lands as wilderness or a what current law already is. And read- agency suggests it would like to see. wilderness study area by an amendment ing from that current law, it says, ‘‘Ex- We have incorporated the rec- made by this section does not prohibit the cept as specifically provided for in this ommendations made in the forest plan, use of motor vehicles, motorized equipment, act, and subject to existing private and we have added selected additional or motorboats or the landing of aircraft or rights, there shall be no commercial acreages that have been endorsed by other forms of mechanical transport, on the enterprise and no permanent road the local governments, by the elected designated lands when required in connec- within any wilderness area designated boards of supervisors that reflect the tion with an emergency involving the health by this act and, except as necessary to will of the people and the counties and safety of persons, including search and meet minimum requirements for the where these added areas are situated. rescue efforts or the response to an Amber administration of the area for the pur- Alert. I would also note that large numbers pose of this act (including measures re- of civic organizations and scores of lo- The SPEAKER pro tempore. Pursu- quired in emergencies involving the cally owned businesses have endorsed ant to the rule, the gentleman from health and safety of persons within the the passage of this measure. And it Colorado is recognized for 5 minutes in area), there shall be no temporary clearly, given that broad base of sup- support of his motion. road, no use of motor vehicles, motor- port, bipartisan here, and among elect- Mr. LAMBORN. Mr. Speaker, the ized equipment,’’ et cetera, et cetera. ed representatives, local businesses, Wilderness Act is currently unclear as So there are exceptions in current civic organizations, and others in the to when motorized access may be used law for health and safety of persons. So district that I represent, clearly rep- for health and safety reasons in a wil- I would say to the gentleman that the resents the will of what the people in derness area or in a wilderness study gentleman’s recommittal motion is re- that part of Virginia would like to area. dundant with current law. have. This motion to recommit removes Mr. LAMBORN. Mr. Speaker, will the So, Mr. Speaker, I hope that our col- any ambiguity regarding the legality gentleman yield? leagues will join us in approving this of responding to health and safety Mr. RAHALL. I yield to the gen- legislation and in adopting the amend- emergencies within the wilderness area tleman from Colorado. ment offered by the gentleman from designated by this bill. Mr. LAMBORN. Mr. Speaker, I thank Virginia. Current law does not specifically au- the gentleman for yielding. Mr. Speaker, I yield back the balance thorize the use of motorized or me- Just briefly in response, I would like of my time. chanical equipment within wilderness to say that the parenthetical phrase Mr. GOODLATTE. Mr. Speaker, I areas in response to health and safety ‘‘including measures required in emer- yield the balance of my time to the emergencies. The provision in the Wil- gencies’’ is, I believe, unacceptably gentleman from Alaska (Mr. YOUNG). derness Act dealing with health and vague. It should not have to be the case The SPEAKER pro tempore (Mr. safety issues is in parentheses and does where a Forest supervisor has to go get DOYLE). The gentleman has 30 seconds. not clearly define what types of motor- attorneys and call the lawyers to say, Mr. YOUNG of Alaska. I thank the ized vehicles may be allowed for emer- In this case, here’s the situation: Is a gentleman for yielding. gencies. boat okay or do we have to use horse- And I do thank both the gentlemen The fact is that health, safety, and back or can we go on foot? It’s just from Virginia. This is a good amend- fire concerns merit more than a single simply not clear enough. ment. I urge the passage of this amend- phrase in parentheses, as is the case in Mr. RAHALL. Reclaiming my time, ment. It does help the bill somewhat, the Wilderness Act of 1964. There are Mr. Speaker, I would respond to the and I think my colleagues would be 3,600 words in the Wilderness Act. A gentleman that if such were necessary, wise to vote for it. mere 15 words are devoted to health I would think that the Forest Service The SPEAKER pro tempore. Pursu- and safety. would come to us making these rec- ant to House Resolution 763, the pre- The bill we are considering, H.R. 1011, ommendations. But we have not re- vious question is ordered on the bill, as designates 15,000 more wilderness acres ceived such recommendations from the amended, and on the further amend- than what the Forest Service rec- Forest Service, and, therefore, the lan- ment by the gentleman from Virginia ommended in the Jefferson National guage is not necessary. (Mr. GOODLATTE). Forest. This is far more than what For- Mr. Speaker, I yield back the balance The question is on the amendment of my time. offered by the gentleman from Virginia est Service professionals think is war- ranted. So the bigger the area, the big- The SPEAKER pro tempore. Without (Mr. GOODLATTE). objection, the previous question is or- The amendment was agreed to. ger the potential fire, the harder it is to find a missing child, for instance, dered on the motion to recommit. The SPEAKER pro tempore. The There was no objection. question is on the engrossment and when an Amber Alert is issued. The SPEAKER pro tempore. The third reading of the bill. We cannot stand by and risk even a question is on the motion to recommit. The bill was ordered to be engrossed single human life, which is why we The question was taken; and the and read a third time, and was read the must begin to update the law to state Speaker pro tempore announced that third time. clearly that a wilderness designation the noes appeared to have it. MOTION TO RECOMMIT OFFERED BY MR. does not stop motorized access from Mr. LAMBORN. Mr. Speaker, on that LAMBORN being used for emergencies. The cur- I demand the yeas and nays. Mr. LAMBORN. Mr. Speaker, I offer rent ambiguity in the language, which The yeas and nays were ordered. a motion to recommit. this motion to recommit fixes, is just The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Is the simply unacceptable, Mr. Speaker. ant to clause 9 of rule XX, the Chair gentleman opposed to the bill? This amendment does not threaten will reduce to 5 minutes the minimum Mr. LAMBORN. Yes, in its current the wilderness designation. It just puts time for any electronic vote on the form. our priorities in the proper order. question of passage. The SPEAKER pro tempore. The Human life must always be first. The vote was taken by electronic de- Clerk will report the motion to recom- Mr. Speaker, I yield back the balance vice, and there were—yeas 236, nays mit. of my time. 178, not voting 18, as follows:

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28023 [Roll No. 994] Conyers Kanjorski Richardson changed their vote from ‘‘nay’’ to Costello Kennedy Rodriguez ‘‘yea.’’ YEAS—236 Courtney Kildee Rothman Crowley Kilpatrick So the motion to recommit was Aderholt Gerlach Myrick Roybal-Allard Cummings Kind Akin Giffords Neugebauer Ruppersberger agreed to. Davis (AL) Kucinich Alexander Gilchrest Nunes Rush The result of the vote was announced Davis (CA) Langevin Altmire Gillibrand Pastor Sa´ nchez, Linda Davis (IL) Lantos as above recorded. Bachmann Gingrey Pearce T. Davis, Lincoln Larsen (WA) PERSONAL EXPLANATION Baker Gohmert Pence Sanchez, Loretta Davis, Tom Larson (CT) Barrett (SC) Goode Perlmutter Sarbanes Mr. HALL of New York. Mr. Speaker, to- DeFazio Lee Barrow Goodlatte Peterson (PA) Schakowsky DeGette Levin night, as part of consideration of the Virginia Bartlett (MD) Granger Petri Schiff Delahunt Lewis (GA) Barton (TX) Graves Pickering Schwartz Ridge and Valley Act of 2007, the minority of- DeLauro Lipinski Biggert Hall (TX) Scott (GA) fered a motion to recommit forthwith with the Pitts Dingell Bilirakis Hastert Loebsack Platts Doggett Scott (VA) proclaimed intent of clarifying the cir- Bishop (GA) Hastings (WA) Lofgren, Zoe Poe Doyle Serrano cumstances under which motorized vehicles Blackburn Hayes Lowey Porter Ellison Sherman Blunt Heller Lynch can enter wilderness areas. However, I am Price (GA) Emanuel Sires Boehner Hensarling Maloney (NY) concerned that the language of the motion Pryce (OH) Engel Slaughter Bonner Herger Markey Putnam Etheridge Smith (WA) may actually work at cross purposes with that Bono Herseth Sandlin Matsui Radanovich Farr Snyder Boozman Hill McCarthy (NY) goal. Ramstad Fattah Solis Boren Hobson McCollum (MN) The MTR stated that: ‘‘The designation of Regula Filner Space Boustany Hodes McDermott Rehberg Frank (MA) Spratt lands as wilderness or a wilderness study Boyda (KS) Hoekstra McGovern Renzi Gonzalez area by an amendment made by this section Brady (TX) Hulshof McNulty Stark Reynolds Gordon Brown (SC) Inglis (SC) Meek (FL) Stupak does not prohibit the use of motor vehicles, Rogers (AL) Green, Al Brown-Waite, Jefferson Meeks (NY) Sutton motorized equipment, or motorboats or the Rogers (KY) Green, Gene Ginny Johnson (IL) Michaud Tauscher Rogers (MI) Grijalva landing of aircraft or other forms of mechanical Buchanan Johnson, Sam Miller (NC) Thompson (MS) Rohrabacher Gutierrez Burgess Jones (NC) Miller, George Tierney transport, on the designated lands when re- Ros-Lehtinen Hall (NY) Burton (IN) Jordan Mollohan Towns quired in connection with an emergency in- Roskam Hare Buyer Kagen Moore (WI) Tsongas Ross Harman volving the health and safety of persons, in- Calvert Kaptur Moran (VA) Udall (CO) Royce Hastings (FL) cluding search and rescue efforts or the re- Camp (MI) Keller Murphy, Patrick Udall (NM) Ryan (OH) Higgins Murtha Campbell (CA) King (IA) Van Hollen sponse to an Amber Alert.’’ Ryan (WI) Hinchey Nadler Cannon King (NY) Vela´ zquez I don’t know anyone who believes that we Salazar Hinojosa Napolitano Cantor Kingston Visclosky Sali Hirono shouldn’t be able to use motorized equipment Capito Kirk Neal (MA) Saxton Holden Walz (MN) Cardoza Klein (FL) Oberstar in a wilderness to react to an emergency. It’s Schmidt Holt Wasserman Carney Kline (MN) Olver common sense, and that’s why it’s already in- Sensenbrenner Honda Schultz Carter Knollenberg Ortiz Sessions Hooley Waters cluded in the underlying statute. In fact, the Castle Kuhl (NY) Pallone Sestak Hoyer Watson underlying law makes the allowance for motor- Chabot LaHood Pascrell Shadegg Inslee Watt Chandler Lamborn Payne ized equipment in a health or safety emer- Israel Waxman Coble Lampson Shays Peterson (MN) gency without enumerating specific types of Jackson (IL) Weiner Cole (OK) Latham Shea-Porter Pomeroy Jackson-Lee Wexler equipment or circumstances, giving the widest Conaway LaTourette Shimkus Price (NC) (TX) Wu Costa Lewis (CA) Shuler Rahall possible scope of interpretation. I am con- Johnson (GA) Wynn Cramer Lewis (KY) Shuster Rangel cerned that by listing specific pieces of equip- Jones (OH) Crenshaw Linder Simpson Reichert Yarmuth ment and circumstances, the motion offered Skelton Cuellar LoBiondo NOT VOTING—18 tonight could have caused more confusion and Culberson Lucas Smith (NE) Davis (KY) Lungren, Daniel Smith (NJ) Bachus Cooper Johnson, E. B. possibly limited the ability to respond to emer- Davis, David E. Smith (TX) Bilbray Cubin Obey gencies, despite any good intentions. For this Deal (GA) Mack Souder Bishop (NY) Feeney Paul Stearns Bishop (UT) Hunter Reyes reason, I voted against it. Dent Mahoney (FL) Mr. RAHALL. Mr. Speaker, pursuant Diaz-Balart, L. Manzullo Sullivan Broun (GA) Issa Wilson (OH) Diaz-Balart, M. Marchant Tancredo Carson Jindal Woolsey to the instructions of the House in the Dicks Marshall Tanner ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE motion to recommit, I report H.R. 1011 Donnelly Matheson Taylor back to the House with an amendment. Doolittle McCarthy (CA) Terry The SPEAKER pro tempore (during Drake McCaul (TX) Thompson (CA) the vote). Members are advised 2 min- The SPEAKER pro tempore. The Dreier McCotter Thornberry utes remain in this vote. Clerk will report the amendment. Duncan McCrery Tiahrt The Clerk read as follows: Edwards McHenry Tiberi Ehlers McHugh Turner b 1807 Amendment: Ellsworth McIntyre Upton At the end of section 2, add the following Emerson McKeon Walberg Messrs. JACKSON of Illinois, new subsection: English (PA) McMorris Walden (OR) COHEN, HARE, ELLISON, SIRES, (e) MOTORIZED ACCESS IN EMERGENCIES.— Eshoo Rodgers Walsh (NY) STUPAK, WU, HOYER, GORDON of The designation of lands as wilderness or a Everett McNerney Wamp Tennessee, COURTNEY, VAN wilderness study area by an amendment Fallin Melancon Welch (VT) HOLLEN, LINCOLN DAVIS of Ten- made by this section does not prohibit the Ferguson Mica Weldon (FL) use of motor vehicles, motorized equipment, Flake Miller (FL) Weller nessee, RUSH, HALL of New York, or motorboats or the landing of aircraft or Forbes Miller (MI) Westmoreland OLVER, PASCRELL, LEVIN, CON- Fortenberry Miller, Gary Whitfield other forms of mechanical transport, on the Fossella Mitchell Wicker YERS, CARNAHAN, RANGEL, MIL- designated lands when required in connec- Foxx Moore (KS) Wilson (NM) LER of North Carolina, and FARR, tion with an emergency involving the health Franks (AZ) Moran (KS) Wilson (SC) Mrs. MALONEY of New York, Ms. and safety of persons, including search and Frelinghuysen Murphy (CT) Wolf BERKLEY, Ms. CLARKE and Ms. CAS- rescue efforts or the response to an Amber Gallegly Murphy, Tim Young (AK) Alert. Garrett (NJ) Musgrave Young (FL) TOR changed their vote from ‘‘yea’’ to ‘‘nay.’’ The SPEAKER pro tempore. The NAYS—178 Messrs. BROWN of South Carolina, question is on the amendment. Abercrombie Berkley Butterfield KAGEN, CHANDLER, PETERSON of The amendment was agreed to. Ackerman Berman Capps Pennsylvania, BOREN, KING of Iowa, The SPEAKER pro tempore. The Allen Berry Capuano Andrews Blumenauer Carnahan KLEIN of Florida, EDWARDS, question is on the engrossment and Arcuri Boswell Castor THOMPSON of California, LAMPSON, third reading of the bill. Baca Boucher Clarke MURPHY of Connecticut, DICKS, The bill was ordered to be engrossed Baird Boyd (FL) Clay RYAN of Ohio, SALAZAR, ROSS, and read a third time, was read the Baldwin Brady (PA) Cleaver Bean Braley (IA) Clyburn WELCH of Vermont, CRAMER, third time, and passed, and a motion to Becerra Brown, Corrine Cohen BISHOP of Georgia, and Ms. ESHOO reconsider was laid on the table.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28024 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 HONORING NORTHWEST GEORGIA criminals and should be treated as possible, expanded it. He also developed YWCA such, because justice is the one thing a unique understanding of budget (Mr. GINGREY asked and was given we should always find. arcana, something I can clearly testify permission to address the House for 1 And that’s just the way it is. to, such as the Gramm-Rudman base- minute and to revise and extend his re- f line or the pay-as-you-go rule. marks.) Here are some highlights of his con- b 1815 Mr. GINGREY. Mr. Speaker, I rise gressional career: he participated in today to honor the Young Women’s SPECIAL ORDERS the famous Andrews Air Force Base ne- Christian Association, or YWCA of gotiations that produced the budget The SPEAKER pro tempore. Under agreement of 1990. In 1993, he coordi- Northwest Georgia for their efforts to the Speaker’s announced policy of Jan- eliminate the epidemic of domestic vio- nated drafting the narrowly defeated uary 18, 2007, and under a previous Penny-Kasich amendment. In 1997, he lence that transcends all ethnic, racial, order of the House, the following Mem- age, gender and socioeconomic bound- anchored the legislative language for bers will be recognized for 5 minutes the Balanced Budget Act, which a year aries. each. The YWCA of Northwest Georgia, later produced the first budget surplus under the leadership of Executive Di- f in nearly four decades. Shortly there- after, he developed a bipartisan plan rector Holly Comer, has made it their IN RECOGNITION OF JAMES T. mission to bring the issue of domestic for the first comprehensive budget BATES process reform since the Budget Act violence to the forefront and to edu- The SPEAKER pro tempore. Under a was created in 1974. cate Georgians on ways to prevent previous order of the House, the gen- In 2005, he oversaw the staff work abuse and violence within the home. tleman from Wisconsin (Mr. RYAN) is that led to that year’s Deficit Reduc- Mr. Speaker, the YWCA of Northwest recognized for 5 minutes. tion Act, the first in a long time. In Georgia is not only the sole domestic Mr. RYAN of Wisconsin. Mr. Speaker, 2006, he was immensely helpful to me violence shelter located in the heart of I rise to acknowledge an extraordinary in writing the Legislative Line Item my 11th District in Cobb County, but staff member who has moved on after Veto Act, designed to allow the Presi- has also taken a leadership role in 20 years with the House Budget Com- dent to strike individual spending combating domestic violence through- mittee, Jim Bates. items without violating Congress’s out the State of Georgia. James T. Bates, the Committee’s Re- constitutional prerogatives. It was, in fact, the YWCA of North- Jim is an avid fisherman, which west Georgia that open the very first publican chief of staff, recently accept- ed a position as associate program di- shows a greatness of soul. He is a fan of shelter for victims of domestic violence the renowned author Ray Bradbury, in the State of Georgia. Through the rector at the Office of Management and Budget. Ordinarily, that would be a which reflects a creative mind. He ministry of Cobb Shelter, the YWCA might misplace his car keys or his has worked together with victims, fam- significant, though not surprising, step in a career dedicated to Washington BlackBerry, but he has never lost his ilies, social service providers, and conviction about budgeting, or his in- criminal justice officials to stop the fiscal policy. But there is nothing ordi- nary about this case. tegrity. Yet, of all Jim’s qualities, per- spread of domestic violence haps the most important is the trust Mr. Speaker, I ask that my col- Jim Bates’s two decades of service represents the longest tenure of any that he has earned from Members and leagues join me in recognizing YWCA colleagues alike. It is because of that of Northwest Georgia and similar Budget Committee staffer. He served in various capacities during this time, in- trust that when I was chosen to be the groups throughout the country for Budget Committee’s ranking Repub- their contributions toward making our cluding those of minority counsel, chief majority counsel and deputy lican last December, my first and easi- Nation’s homes safer places for our est decision was keeping Jim as the children and families. chief of staff before rising to the top slot in late 2004. In each of those roles chief of staff. He was and still is simply f he demonstrated a singular dedication. irreplaceable. Mr. Speaker, let me close simply by THE GRAVE OF LANCE CORPORAL He came to be known as a true be- saying that there aren’t a lot of people JEREMY BURRIS liever in the value of congressional in this town who really understand how budgeting; a stickler for adhering to (Mr. POE asked and was given per- the Budget Committee works, how this the budget disciplines written in law mission to address the House for 1 budget process works, let alone people and in convention; and a thoroughly minute) who really know the best ideas and Mr. POE. Mr. Speaker, Lance Cor- convinced proponent of the institution ways of making it work better. Jim poral Jeremy Burris, 22, was buried of the Budget Committee. He is as Bates is one of the handful of people in last week in Liberty, Texas, after being closely identified with the committee this town who knows this. You can killed in Iraq. This young marine was as is the Congressional Budget Act count the people on one hand who real- honored at a funeral by the entire town itself. It is nearly impossible to think ly know the Budget Act, know how to for his heroism. of one without the other. make it work and know how to make it But a few days after his funeral, out- Mr. Speaker, you can’t go back over work better. Jim Bates is one of those. laws desecrated Jeremy’s grave site. the last 20 years and look at the en- This institution, this Congress, both Some reports indicate the suspected forcement of the Budget Committee, from the Democrat side and the Repub- criminals may have been antiwar the preservation of the Budget Act, lican side, owe a large debt of gratitude peaceniks that commit violence in the without thinking of Jim Bates. for the service of this fine servant, Jim name of peace. They disrespect and dis- Jim started with the committee in Bates. January of 1988, a time when the Re- honor the dead by their vandalism. f But whoever committed such das- publican minority offices were across tardly deeds should be quickly cap- Highway 395, on the second floor of the STATEMENT ON JULY 8 tured by the local sheriff. After these Ford Office Building, then simply AGREEMENT grave-desecrating criminals are con- called Annex Two. He worked initially The SPEAKER pro tempore. Under a victed, they should be sentenced to as a budget analyst, covering Income previous order of the House, the gen- serve time at Gitmo prison in Guanta- and Social Security, but before long he tleman from Maryland (Mr. SARBANES) namo Bay. After all, that is where found his real niche as committee is recognized for 5 minutes. America houses other war criminals. counsel. Here, he mastered the intri- Mr. SARBANES. Mr. Speaker, I rise So, Mr. Speaker, those that commit cate details and subtleties of the Budg- today to commend my colleagues for crimes against the graves of our fallen et Act; he vigorously protected the passing H. Con. Res. 405, which pro- war dead are nothing more than war committee’s jurisdiction, and, when motes the United Nations’ sponsored

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28025 efforts to bring about a negotiated re- On the ground, there is clear momen- ments to strike those earmarks. A few unification of Cyprus. The division of tum for peace and a desire on both amendments were offered here on the Cyprus has endured for 33 years, far too sides to work together. floor, but that is hardly a process that long by any measure. Today, Cyprus has evolved into a dy- can pass for due diligence to actually Today, I met with Alexis Galanos, namic country, endowed with a robust see what is in these earmarks. the distinguished mayor of Famagusta, economy and incredible democratic in- Now, I hasten to add that this is not Cyprus, which prior to the Turkish in- stitutions. Its qualitative capacities a partisan issue. There are both Repub- vasion was the main town of the second are showcased by its recent entry to lican and Democrat earmarks in this largest district of Cyprus, both in the European Union and its imminent bill. When Republicans were in charge terms of its population and surface membership in the Eurozone. Located of this body, typically Republicans got area. off the western shores of the Middle about 60 percent of the earmarks, the A few weeks after the initial invasion East, Cyprus has the capacity to be a Democrats got about 40 percent. Now on August 14, 1974, Turkish military vigorous participant in the wider that has switched. forces bombarded Famagusta relent- NATO security architecture. But, really, I wish it were a partisan lessly. Greek Cypriots were forced to For us in the United States, there- issue. I wish, as one of my side of the flee their homes in fear and terror, ren- fore, there is great purpose in facili- aisle, that Republicans were right on dering Famagusta a ghost city. Turk- tating peace and unification beyond and Democrats were wrong on. But we haven’t seen that. We have seen both ish forces then sealed off the area with any moral and altruistic imperatives. parties continue to earmark in this barbed wire fences; 45,000 inhabitants As expressed by the House last week, fashion. of Famagusta became refugees in their the July 8 agreement lays the ground- There are 1,342 earmarks in the own country. They lost their land, work for accomplishing this goal. House bill. Let me just read through a their properties, their homes and busi- I commend the House for its passage few to give people a flavor of what is nesses and many of their own people. of H. Con. Res. 405 and implore our gov- there. The city and the mayor elected by its ernment to continue its support for the I wish we didn’t have to do this. I displaced residents who can’t go home full and immediate implementation of wish there was another way. But as I have now become a symbol of the injus- the July 8, 2006, agreements. mentioned, when these bills come to tice that persists in the occupied re- f the floor, the committee report will ac- gion. The 2 waves of the invasion by company the bill. It will only come a the Turkish troops forced nearly 200,000 LIMITING EARMARKS ON APPROPRIATIONS BILLS few days before the bill passes, and we Greek Cypriots, over one-quarter of the aren’t given a real opportunity to vet Cypriot population at the time, from The SPEAKER pro tempore. Under a these earmarks and look at them. their homes, making them refugees in previous order of the House, the gen- Let me read a few of them. For exam- their own country. The equivalent in tleman from Arizona (Mr. FLAKE) is ple, $300,000 goes to the American Air the U.S. would be around 80 million recognized for 5 minutes. Power Museum in Farmingdale, New people. For the last 33 years, 36.2 per- Mr. FLAKE. Mr. Speaker, in a couple York, for exhibits and educational pro- cent of the island continues to be under of weeks, it is likely that we will be ad- grams. This may be a great museum, occupation by 43,000 Turkish forces. dressing the Labor-HHS bill. We have but why the Federal taxpayer should The July 8, 2006, agreements reached passed the bill in the House. I believe be on the hook to fund it, I don’t know. under the auspices of the United Na- they have passed the bill in the Senate, And $200,000 in this bill goes to the tions Under Secretary General Ibrahim but conferees have not been named. We American Jazz Museum in Kansas City, Gambari, by President Tassos will be asked to approve a large bill Missouri, for exhibits and education Papadopoulos and Turkish-Cypriot that I believe is over the President’s programs. It may be a great museum, leader Mehmet Ali Talat establishes a budget. But, more significantly, this is but why is the Federal taxpayer paying set of negotiating principles that will the first test of actually doing a con- for? lead to a unified Cyprus. ference under the new earmark rules. $200,000 for the American West Herit- The July 8 agreement supports the We had new earmark rules passed at age Center in Wellsville, Utah, for a Greek and Turkish-Cypriot efforts to the beginning of the year that provide lifelong learning initiative. find common ground for the peaceful a little more transparency than we $125,000 for the Children’s Museum in reunification of their country within have had before, and that is a good Indianapolis, Indiana, for exhibits and the framework of a federal bi-zonal and thing; but it hasn’t done much to cut equipment. bi-communal nation state. These down the number or dollar value of ear- $200,000 for a Children’s Museum in agreements call for the implementa- marks, because we haven’t gotten Los Angeles for exhibits and edu- tion of specific confidence-building through the process now. cational programs. $150,000, College Park Aviation Mu- measures, starting with the practical Some people have said in the House seum in College Park, Maryland. steps of establishing bi-communal we have fewer earmarks, the dollar If you are recognizing a theme here, working groups and technical commu- value is down, and that is a good thing. the Federal Government is funding a nities to examine and discuss issues af- Certainly it is a good thing. But we are lot of museums. Why is this the case? fecting the day-to-day lives of the peo- only halfway through the process. Why, when we are running massive ple of Cyprus. Typically, when you get to the con- deficits, when we have a big debt and Mr. Speaker, there is no viable jus- ference process, that is where a lot of other obligations that are crying out tification for the continued division of the mischief happens, where earmarks to pay down the debt, to lower the def- Cyprus. The people of Cyprus have are added in the middle of the night icit, why are we funding programs like every reason to seek out reconcili- and you aren’t given a chance to vote this? Why are we on the hook for these ation. They aspire to a reunified home- on them. You simply vote on the bill, programs yet again? You have to re- land. In the last 4 years, there have either up or down. member, whenever you are funding a been more than 13 million peaceful Just to give you a flavor of what is in museum, because we have a deficit, we crossings across the Green Line by this Labor-HHS bill, the House bill in- are borrowing money to do that. Greek and Turkish-Cypriots, a remark- cluded about 1,342 earmarks. These ear- $250,000 for the Discovery Center in able achievement for an island whose marks were added in the conference re- Idaho. This is in Boise, for a science total population is less than 800,000 port of the bill that came to the House. center. people. Turkish-Cypriots cross into the They were added just days before the $350,000 for an aerospace museum in Republic of Cyprus to go to work every bill came to the house. We had very lit- McClellan, California, for exhibits. day. Approximately 35,000 Turkish- tle opportunity to actually look at the $350,000 for the George and Eleanor Cypriots have applied for and received earmarks to find out which Member McGovern Library in Dakota Wesleyan passports from the Republic of Cyprus. had offered them and to offer amend- University in Mitchell, South Dakota.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28026 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 $75,000, Monterey Bay Aquarium in about 30 percent of people who respond are some things that are immutable, Monterey, California. to polls who are members of the les- some civil rights that are immutable. Here is another theme. We fund a lot bian, bisexual and transgender commu- This is one of them. of aquariums. There are great aquar- nity who say that they experience dis- We are going to stick together and iums that educate a lot of people, but crimination at the workplace regu- pass an inclusive ENDA, or we are why we are doing it at the Federal larly. Some of them, 25 percent, say going to come back again and do it level, I don’t know. they experience it on a regular basis. right. $350,000 for the Museum of Aviation Why should that be? Is that an Amer- f Foundation in Warner Robins, Georgia, ican value? Is it an American value to WITNESS SECURITY AND for educational programs. say we should discriminate on someone PROTECTION ACT OF 2007 Let’s pay attention to the Labor- based on the sense of who they love or HHS bill as it comes along. how they express it? Of course not. The SPEAKER pro tempore. Under a previous order of the House, the gen- f So, for those men and women tleman from Maryland (Mr. CUMMINGS) b 1830 throughout all 50 States, we will be leading later on this week when we is recognized for 5 minutes. Mr. CUMMINGS. Mr. Speaker, I have GENDER-IDENTITY pass the Employment Nondiscrimina- INCLUSIVENESS IN ENDA stood before the House many evenings tion Act. But it is very important that to discuss the problems associated with The SPEAKER pro tempore. Under a we also realize that we are leading on witness intimidation and its detri- previous order of the House, the gen- another element to this discussion. mental impact on our judicial system tleman from New York (Mr. WEINER) is There is an active discussion going on and our communities. recognized for 5 minutes. in this Chamber and elsewhere whether Tragically, there has been another Mr. WEINER. Mr. Speaker and my or not to include gender identity in the ruthless occurrence of witness intimi- colleagues, later on this week or per- same category we include sexual ori- dation in my home town of Baltimore haps early next week, this House will entation. I say unequivocally the an- City that I must report tonight. A fam- embark on the latest chapter in our swer is yes. There are people who every ily who spent 10 years living the Amer- Nation’s history of extending the civil day experience discrimination because ican Dream found it destroyed in just rights that all Americans should be en- of their gender identity. 10 minutes. They came home last week titled to to one other group. We will be Susan Stanton spent 14 years as the to find their home smoldering and torn considering the Employment Non- Largo, Florida city manager; 14 years, apart. The phrase ‘‘rats must be discrimination Act. It is an effort to obviously doing a good job, rehired, re- killed’’ and the word ‘‘snitch’’ crossed make sure that people are not discrimi- appointed. Susan was once Steve Stan- out with Xs spray painted on their nated against in their workplace be- ton. When he started hormone therapy walls. cause of their sexual orientation, be- and planned to become a woman, was The couple’s oldest daughter has cause of their gender identity. It is fired. been in custody since July for her role something that is intuitive to so many Diane Schroer, 25 years of distin- in a robbery of a taxicab driver earlier Americans, and, frankly, the over- guished service in the Army as David. this year. Apparently, her co-conspira- whelming number of Americans. And it Recorded 450 parachute jumps, received tors believe she is cooperating with law is an example of how sometimes we in the Defense Superior Service Medal, enforcement on some level. Gang activ- this House lead on civil rights issues hand picked to lead a classified na- ity also appears to be involved. The and sometimes we follow. tional security operation. Retired and word ‘‘blood’’ appeared on various In this case, it is a little bit of each. was offered a job with a private home- parts of the house. Under ENDA, we will be following to a land security consulting firm. The offer Needless to say, the family will not large degree. Hundreds of companies, was rescinded when Schroer explained be returning to their home. This is an including virtually all of the Fortune he was transgender and wanted to innocent, hardworking family trying 50 and Fortune 500 companies, already begin the job as a woman. simply to live in peace. They deserve so recognized fundamentally that it is But the question has come up: If we much better. good business to judge people by the can’t include gender identity in this Unfortunately, when people are will- quality of their work, their intellect, bill, should we do anything at all? ing to cooperate with the police in Bal- timore City and other jurisdictions their drive, by what they bring to the Should we take half a loaf. throughout our country, sadly, it has business, not what their sexual ori- My colleagues, I think the answer is become customary for their homes to entation or gender identity is. no. I think we cannot toss this element be firebombed or for them to be threat- Overwhelming numbers of companies, of an important civil rights coalition to the side. We have to make sure, par- ened, attacked or even killed. and not just companies that you would No one can forget the tragedy sur- ticularly in the context of us doing describe as being progressive, but com- rounding the death of Angela and what is largely symbolic, there is no panies from all across the political Carnell Dawson and their 5 children. spectrum, financial services groups sense that the Senate is going to act on The entire family was incinerated in like American Express and J.P. Morgan this, and certainly no sense that the October 2002 in the middle of the night and Lehman. You have companies like President of the United States and this when their home was firebombed in re- Clear Channel Communication, Coca- administration is going to. Maybe what taliation for Ms. Dawson’s repeated Cola, Nationwide Insurance, Nike, we should say is we are in this to- complaints to police about recurring Microsoft. These are all companies gether. drug trafficking in her east Baltimore that, when they write the contracts for If we are going to make a symbolic neighborhood. their other workers, it is fundamental stand, the symbolic stand should be Just 2 years ago, the home of com- to them that there will be no discrimi- let’s pass a one House bill with only munity activist Edna Abier survived a nation based on someone’s sexual ori- part of the protections. Let’s let the firebomb attack that was launched just entation or gender identity. symbolic message be that we are stick- because of her attempts to rid her For these companies and for the 90 ing together, that when we say neighborhood of drug dealers. Just a percent or so of American people that ‘‘GLBT,’’ we mean it. And we should do few weeks ago, I had an opportunity to responded to a Gallup poll in 2007, em- something else. We should also make it meet with another couple whose home ployment nondiscrimination based on very clear to those watching this dis- had been firebombed because they were gender identity and based on sexual cussion that we are not going to nego- simply trying to cooperate with police. orientation is obvious; it is not even an tiate against ourselves. We are not Finally, Carl Lackl was murdered innovation. going to say if we toss this element or outside of his home with chilling cal- But we are going to be leading in that element off to the side, maybe we culation just days before he was sched- some important ways. There are still will be able to get what we need. There uled to testify as a witness in a murder

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28027 case. His murderers lured him out of tory. The debate is not about President ing yardage. Does our action make his home under the premise of looking Bush; it is about protecting the lives of America safer or does it impose obsta- at his used car that he was trying to those who have sent us here to rep- cles in the path of the intelligence sell. resent them. community which make their job more Violent crime in the United States is And it is serious business. In my esti- difficult? In making this determina- on the rise nationwide, as is drug-re- mation, this is perhaps the most im- tion, I would suggest that the line of lated gang activity. However, if wit- portant issue that we will face here in scrimmage should be drawn with the nesses are too afraid to come forward, the 110th Congress. Protect America Act. That is the act criminals cannot be prosecuted and our It has been my privilege to serve on we passed in early August, on a bipar- justice system has no credibility and both the Homeland Security and Judi- tisan basis, responding to the request cannot stand. ciary Committees. It is my belief that of Admiral McConnell, the Director of This is why I introduced H.R. 933, the we have made progress in protecting National Intelligence. Witness Security and Protection Act of the homeland since 9/11. Under the We should understand that that act 2007, which authorizes $270 million over leadership of both parties on the Home- represented a compromise reflecting the next 3 years to enable State and land Security Committee, there have what Admiral McConnell, the Director local prosecutors who demonstrate a been disagreements about the particu- of National Intelligence, identified as need for the funds to protect witnesses lars, but there has always been a bipar- absolutely necessary, absolutely nec- in cases involving gangs or other vio- tisan commitment to moving the ball essary to the task of protecting the lence to establish short-term witness forward to make our Nation safer. American people. Based upon his serv- To be brutally honest, we cannot rely protection programs. ice to our Nation, I would suggest we on the prospect of getting it right Improving protection for State and should take his considered opinion every time someone might seek to local witnesses will move us one step with the seriousness that it deserves. come here to kill innocent Americans. closer to alleviating the fears and As a career naval officer, former head The idea of having to construct a per- threats to prospective witnesses and of the National Security Agency under fect defense in and of itself is not con- help safeguard our communities from President Clinton for 4 years, and the ceivable. However, this is where the violence. The time has come for us to current Director of National Intel- role of intelligence comes into primary show our commitment to our constitu- ligence, Admiral McConnell has had a focus. ents and the justice system because, Developing a homeland security distinguished career in his service to without witnesses, there can simply be strategy must not be considered in iso- our Nation. Admiral McConnell and General Hay- no justice. lation. Intelligence collection overseas den came to the Congress with a larger f is the crucial element in any strategy package of needed changes to the For- to secure the homeland. Otherwise, we b 1845 eign Intelligence Surveillance Act last fall prey to what I refer to as the Magi- April. However, in order to close what FOREIGN INTELLIGENCE not syndrome. You remember the Ma- Admiral McConnell described as gaps SURVEILLANCE ACT ginot line. That is where the French in our intelligence, that is, an inability The SPEAKER pro tempore. Under learned a terrible lesson concerning the folly of relying on the idea that they for us to be able to actually find the the Speaker’s announced policy of Jan- dots that were out there, we had to act uary 18, 2007, the gentleman from Cali- could protect themselves with a focus on massive defense perimeter. Much immediately. A compromise was, fornia (Mr. DANIEL E. LUNGREN) is rec- more is required and, again, intel- therefore, reached by this body this ognized for 60 minutes as the designee past August. of the minority leader. ligence collection targeting non-U.S. persons can extend our homeland de- He defined the concept of ‘‘gap’’ to Mr. DANIEL E. LUNGREN of Cali- fense perimeter overseas. mean this: foreign intelligence infor- fornia. Mr. Speaker, there is no other Brian Jenkins of the RAND Corpora- mation that we should have been col- issue more central to the core responsi- tion, a noted expert on terrorism, has lecting. In fact, Admiral McConnell in- bility of government than the duty to stressed that our intelligence capa- dicated that prior to the enactment of protect the safety and security of the bility is a key element in our effort to our Protect America Act in August, we American people. The right not to be protect our homeland. As he says, in were not collecting somewhere between killed is foundational to all other the terror attacks since 9/11 we’ve seen one-half and two-thirds of the foreign rights. The actions we take with re- combinations of local conspiracies in- intelligence information which would spect to the Foreign Intelligence Sur- spired by, assisted by, and guided by al have been collected were it not for the veillance Act, better known as FISA, Qaeda’s central leadership. It is essen- recent legal interpretations of FISA will reflect the level of seriousness tial that while protecting the basic which required the government to ob- with which we have assumed this fun- rights of American citizens we find tain prior FISA warrants for overseas damental obligation. ways to facilitate the collection and surveillance. In many cases, we While I take a backseat to no one exchange of intelligence across na- couldn’t obtain them. You have to have when it comes to the protection of civil tional and bureaucratic borders. evidence to reach a standard that, liberties, it is essential to understand So how do we make sense out of what frankly, at that stage you cannot the proper context of the issue by us. is taking place in this House with re- reach. Mr. Speaker, the focus of the debate spect to our consideration of FISA, the Secondly, the volume of number of here relates to overseas intelligence, Foreign Intelligence Surveillance Act? targets and the paperwork and, more the implications for the privacy rights Foreign intelligence surveillance, I’d than the paperwork, the intellectual of Americans, talked about so loudly like to underscore. work, the cost in time by taking ana- on the floor last week by our col- The manner in which we address this lysts off the job of analyzing, to work- leagues on the other side of the aisle, crucial national security question is a ing up these requests for warrants, ba- the implications for privacy rights of clear measure of our level of serious- sically made it impossible for us to be Americans where surveillance targets ness about the threat posed to our Na- able to go after these targets, which of non-U.S. persons overseas is mini- tion from another terrorist attack. The we’d always been able to go after in the mal to nonexistent. bottom line question to be asked is context of FISA as it was passed in This debate over FISA must not be whether or not we are safer as a result 1978. morphed into an ideological crusade by of the action taken by this House con- What’s the problem? The problem is those who have such a visceral dislike cerning the collection of overseas in- that a definition of electronic surveil- for President Bush that any perceived telligence. lance constructed almost 28 years ago defeat for this administration is in As in the game of football, you’re ei- certainly has not kept pace with some perverse way chalked up as a vic- ther advancing the ball or you are los- changes in technology. Ironically,

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28028 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 when FISA was enacted, almost all President Bush, much of the criticism that want to kill us? What are you international communications were of the act in the wake of its passage doing? wireless. Most local calls at that time seemed to stem from these objections, Well, we did some good things last were on a wire and fell within the defi- now, listen to this, that the White year. As the gentleman from California nition of electronic surveillance requir- House was trying to influence the out- mentioned, the provisions that we ing a warrant. come of the negotiations which took passed, Admiral McConnell’s rec- Today, it’s just the reverse. Almost place prior to its enactment. Imagine ommendations, the pathway forward all international communications are that. for us, how we were to proceed to be transmitted by wire. Thus, inter- When Admiral McConnell appeared certain that we could use the informa- national communications not intended before our Judiciary Committee, he tion that we had. And now the RE- to be covered by the warrant require- faced questions along the lines of what STORE Act, and I do like the acronym ment in the 1978 act are now inadvert- did the White House know and when that he is using, Repeal Effective Sur- ently covered because of the change in did they know it. Now, think of this: veillance Techniques Opposing Real technology. This was never ever the in- the idea that the White House would Enemies. That is an appropriate acro- tention in Congress. seek to have input on issues relating to nym for the bill that they brought for- Again, the act we passed in August the national security of the United ward. closed the resulting national security States is about as startling as the dis- And I think, Mr. Speaker, that our gaps. However, less than 3 months covery that gambling, yes, gambling, colleagues across the aisle forget that later, here we are in the House of Rep- was taking place in Joe’s bar during it is FISA. Maybe they think it is the resentatives, the leadership of this the movie ‘‘Casablanca.’’ U.S. Intelligence Surveillance Act, or House is now trying to reinvent the This should not be the issue. Again, USISA. They forget that it is FISA, wheel. It will be one thing were we con- it’s not about George Bush, whether Foreign Intelligence Surveillance Act. sidering the other elements of a larger you dislike him, love him or are indif- We do seek to find those who would package which General Hayden and Ad- ferent to him. The only valid question seek to do us harm and end our way of miral McConnell presented to us back is how best we can protect the Amer- life. That is something we should be in April, but that’s not the case. ican public from al Qaeda and others about every single day. Rather, the leadership of this body is who seek to kill us. Now, we’ve heard from lots of people retreating from the provisions of the Surveillance of foreign persons out- on the FISA issue, and the gentleman Protect America Act, which Admiral side the United States is a central part from California brings such a wide McConnell told us he needs in order to of that effort, and the bill they pre- range of knowledge on this, and I know do his job. The so-called RESTORE Act sented on the floor last week, the so- he is going to be joined by others, oth- undoes core provisions of this com- called RESTORE Act, changed what we ers of our colleagues who are going to promise that we were told was nec- had done in August to make it dif- touch on this issue. Many of them are essary to close the gaps in our intel- ficult, in some cases impossible, to from the Republican Study Committee, ligence. gain that information. Even if it is and they’re going to bring their exper- That’s why I call the RESTORE Act Osama bin Laden on the line calling tise to bear on this. the Repeal Effective Surveillance into the United States, under the I want to touch on one quick point. Techniques Opposing Real Enemies terms of the bill that was presented on The gentleman from California high- Act, because that’s what it does. It the floor, we couldn’t use information lighted some of Admiral McConnell’s takes away the techniques that we al- gathered from that conversation recommendations and procedures that lowed under the law that we passed against Osama bin Laden unless we we took to be certain that we closed last August in response to requests went to a court for a court order, un- the terrorist loophole. And the meas- from Admiral McConnell based on his less the Attorney General could specifi- ure that the liberal leadership brought considered judgment that he was not cally show that information was lead- forward, the RESTORE Act, would re- able to do the job to protect the Amer- ing to the death of a particular indi- open the terrorist loophole. The Demo- ican people from the threat abroad. vidual. crat FISA bill creates a process by Admiral McConnell affirmed that Now, I’ve said this on the floor before which a court order is required for U.S. prior to the Protect America Act the and I will say it again: that’s just plain persons who are outside the United intelligence community attempted to nuts. There’s no other way to explain States. work under the law as interpreted by it. There is absolutely no other way to As the gentleman from California the court. Unfortunately, he found that explain it; and perhaps with an ability mentioned, if a foreign target oper- as a result of working under those re- to explain this kind of thinking on the ating overseas, such as Osama bin strictions his agency was prohibited floor, I would yield to the gentlelady Laden, has either had contact with a from successfully targeting foreign from Tennessee to enlighten us as to U.S. person or called a U.S. number, conversations, foreign conversations, her observations as to what is taking our intelligence officials would be re- that otherwise would have been tar- place on the floor on this important quired, if this bill passed, to obtain a geted for possible terrorist activity. issue. FISA court order to listen to those Admiral McConnell has made it clear Mrs. BLACKBURN. Well, I thank the communications. that although there remains elements gentleman for yielding and I thank him Well, in Tennessee, we would say of the larger package which would fur- for his leadership on the security issues that just doesn’t make good sense, and ther enhance our ability to conduct that affect our great Nation. it doesn’t, Mr. Speaker; and it is fright- surveillance against al Qaeda and other And, Mr. Speaker, as the gentleman ening to think that there are those terrorist groups, the Protect America from California knows, national secu- among us who may want to deal with Act, that act that we passed in August rity is one of the major issues that we terrorists more delicately than they which is now the law, has provided us hear about every single day. Our con- would handle the welfare and well- with the tools, as he said, to close gaps stituents want to be certain that being of our communities. in our foreign intelligence collection. America, that our interests, that our I would also highlight the New York Then why are we seeking to make communities are safe, and certainly, as Post and a comment that they had as these critical changes in the Protect we are looking at FISA, this is an issue we were working through the FISA America Act before the ink is barely that is coming before us. overhaul and looking at these situa- dry? Well, one thing is certain: the im- One of the things that we hear regu- tions dealing with these cumbersome mediate reviews by the leftist larly from constituents is, what are legal requirements. The New York Post blogosphere were hardly positive. Al- you doing about it? What are you doing quotes in an October 15, 2007, article: though Admiral McConnell has worked about tracking down these terrorists? ‘‘A search to rescue the men was quick- for both President Clinton and for What are you doing about finding those ly launched. But it soon ground to a

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28029 halt as lawyers obeying U.S. strict This is not just the only thing. The voice, video and data, with those com- laws about surveillance cobbled to- leaders on the other side want to take munications. gether the legal grounds for wire- now and give habeas corpus rights to Things have changed, and we are not tapping the suspected kidnappers. For those people we have at Guantanamo, focused on the end use; we are more fo- an excruciating 9 hours and 38 minutes those people we have taken off the bat- cused on the technology and the searchers in Iraq waited as U.S. law- tlefield. changes that we sought in August yers discussed legal issues and ham- Mr. AKIN. One of the problems of would allow, and that we gained in Au- mered out the ‘probable cause’ nec- being as competent and technical as gust allowed our intelligence commu- essary for the Attorney General to you are is there are some of us, people nity to be able to exercise a little bit grant such ‘emergency’ permission.’’ like me from Missouri, as an engineer, more leeway in obtaining these com- We know the emergency. We know like to try to put things in plain simple munications from those who would the probable cause. Men were under at- terms. seek to do us harm. tack and they needed to be found. We The first thing I would like to ask, Mr. DANIEL E. LUNGREN of Cali- are in a time of war. The terrorists are because you are the expert, but I have fornia. If I could just respond to that, there to end our way of life. We have to a little bit of a sense of what’s going on let’s remember, we are not talking stay a couple of steps in front of them, here, and first of all the problem is about domestic terrorists. We are not Mr. Speaker; and as the gentleman that we are trying to collect intel- talking about domestic criminals. We from California has so eloquently said, ligence on terrorists that are trying to are not talking about American citi- the way we do this is with a common- kill our citizens. Is that what we are zens. We are talking about non-Ameri- sense approach and very thoughtful ap- dealing with? cans not in the United States. That’s proach to our intelligence surveillance Mr. DANIEL E. LUNGREN of Cali- what we are talking about, and the that we have on our foreign enemies. fornia. That’s a very basic thing we are American people need to understand dealing with, foreign intelligence. that. b 1900 Mr. AKIN. I want to keep it simple. Mrs. BLACKBURN. I want to bring Mr. DANIEL E. LUNGREN of Cali- So we are dealing with collecting intel- the attention back to the poster that is fornia. I thank the gentlelady for her ligence on these terrorists. on the floor there. Just as he would comments. She mentioned a particular Mr. DANIEL E. LUNGREN of Cali- say, this is the Foreign Intelligence instance in which we brought lawyers fornia. Right. Surveillance Act. into a situation that if you looked at it Mr. AKIN. We have a format that was As I said earlier, it is not USISA. It from the outside doesn’t make much put into law years ago, as I understand is not the United States Intelligence sense; you stop battlefield operations it, that when a signal is transmitted Surveillance Act. This is the Foreign in order for lawyers to determine into the air that we can tap into that Intelligence Surveillance Act. whether or not we can listen in on con- and listen for terrorist talk; is that That is so important that we keep versation between non-U.S. persons correct? this in mind. As the gentleman said, outside the United States. Mr. DANIEL E. LUNGREN of Cali- these are people who are not U.S. citi- When you look at the other side of fornia. Yes, absolutely. zens who are seeking to do us harm. the aisle’s response to this problem, Mr. AKIN. But now in the last num- Mr. DANIEL E. LUNGREN of Cali- you see what they have done is they ber of years, the way that trans- fornia. Let me also explain one bill. If have elevated the judiciary to the pri- missions are made is different. We are you look at the bill that the Demo- mary role in these decisions. That is, going now through these fiber-optic ca- cratic majority brought to the floor, in my judgment, a complete misunder- bles and through these tremendous they say, we take care of this problem. standing of the proper role of the switching networks; is that correct? They say, if it’s foreign to foreign, you courts. Mr. DANIEL E. LUNGREN of Cali- don’t need a warrant. Look, since Marbury v. Madison, the fornia. Correct. Here is the problem that Admiral eminent case basically saying that the Mr. AKIN. Now, does the current law McConnell explained to us. When you Supreme Court gets the last say on allow us to do the same thing on those put a tap, or you somehow capture the constitutional issues, there has been a as we do on a transmitted signal? communications, you only know the misunderstanding by some that that Mr. DANIEL E. LUNGREN of Cali- front end of the communications; that means that the Supreme Court, the ju- fornia. The law, prior to our change in is, Osama bin Laden is calling some- dicial branch, is somehow superior to August, did not permit us to, at least where and communicating in some the other two branches of government. as determined by the FISA Court last way. You don’t know where in the That is not the case in the area of year. world he is going to end up on the war-making capacity or carrying out a Mr. AKIN. Now we are getting to the other side of the communication. If, in war. If you look at the Constitution, problem. The problem is that the gov- fact, you have to say ahead of time, we you will see very, very clearly that the ernment is getting in the way and the can guarantee that none of those con- Constitution specifies specific powers Democrats are getting in the way of us versations will ever reach into the in article I to Congress and in the exec- collecting intelligence to protect our United States or to an American any- utive branch in article II, and the constituents. where, you couldn’t get a prior war- United States Supreme Court has al- Now, the lady from Tennessee, you rant, because you can’t guarantee that. ready told us that there are some mat- talked about some common sense, and What you need to do is to do it the ters, believe it or not they have said, the common sense of the matter is way Admiral McConnell suggested and better suited for disposition by the some of us remember September 11, the way we put it in the law before. If elected branches of government. and these people are not nice people; it’s a target that is a foreigner in a for- The War Powers Act, or, excuse me, right? eign country, for foreign intelligence the war power, the right to declare Mrs. BLACKBURN. The gentleman purposes, as defined under the law, if war, given to the Congress; powers of from Missouri is exactly right. that’s the case, you don’t need a war- the purse, given to the Congress. The These are people who do not seek to rant. President possesses authority relating do us well. They seek to do us harm. If, as you collect the communications to his constitutional status as Com- That, we have to keep in mind. in some way, you find that inadvert- mander-in-Chief as well as all execu- As the gentleman from Missouri ently a communication went into the tive authority. mentioned, we have had tremendous United States or is with an American So these are very, very distinct. technological changes with how our citizen, you do what we call, under the What we have seen on the other side of signals are transmitted when you are law, minimization, which means, if it the aisle is an elevation to the altar of dealing with telephones, with cell has nothing to do with that individual judicial determination in these cases. phones, with satellite phones, with on the other end that implicates that

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28030 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 individual in any way, you don’t use it. that common sense. Only on the floor The Foreign Intelligence Surveil- But you do use it against Osama bin of the House of Representatives would lance Act was set up to protect the Laden. one dare to call that common sense. I civil liberties of Americans, and it has What they put in the bill was, very am not one person who dares, nor are done that effectively. But because of specifically, if we inadvertently cap- my two colleagues here. changes in technology over the last ture a communication that involves an Mrs. WILSON of New Mexico. I want decade in particular, there are more American on the other side, guess what to make sure I understand something and more conversations that are for- we have to do? We cannot use it. We here, because I think you said some- eign conversations, international con- cannot disclose it. We cannot use it for thing that’s important. If the United versations that happen to transit the any purpose, and we cannot keep it for States Government inadvertently col- United States. Under the old law, be- more than 7 hours unless we go to a lects a phone call that involves an fore we fixed this in early August, you court and get another court order for a American, if Osama bin Laden himself needed a warrant to touch a wire inside warrant. calls into the United States on a new the United States even if the person Mr. AKIN. But if the gentleman phone line, and we had no idea, we you are targeting is overseas. would yield, what I understand the didn’t expect him to call in to America, Earlier this year, because of some Democrat solution is saying, that you and he has got a new phone number, he court decisions, this became com- can’t do that. That as soon as Osama has got one of those disposable phones, pletely unmanageable, and the Foreign bin Laden lights up his computer, we he calls in and we get lucky and we Intelligence Surveillance Court became don’t know where he is calling to, and, pick it up, and that phone call says to almost completely nonfunctional, with therefore, we have got to get some one of his cells in the United States, backlogs, with requests for warrants, people who couldn’t develop probable judge to give us permission to tap into. ‘‘Tomorrow is the day. Blow up the cause, because, you think about this, Mr. DANIEL E. LUNGREN of Cali- Sears Tower in Chicago,’’ is it my un- you have got some guy on the Horn of fornia. Let’s understand what we are derstanding that under this bill they Africa that you suspect of being affili- talking about. I presume Osama bin have put forward the intelligence ated with al Qaeda. It’s not as if the Laden is sharp enough to realize that agents couldn’t even tell law enforce- FBI can go and talk to their neighbors maybe he ought to have more than one ment about that? They would be pro- and develop probable cause for a war- phone line. You know what we have hibited from that? rant in order to touch a wire in the with bad guys in the United States, Mr. DANIEL E. LUNGREN of Cali- United States, and yet our intelligence they use cell phone after cell phone fornia. Unless that cell had already capability is much enhanced if we can after cell phone. They use it for maybe been identified by us, we knew who touch that wire in the United States. a day. They throw it away. They use they were, we had already gotten legal another one. permission to do that, we wouldn’t be b 1915 Don’t you think the bad guys trying able to do that. So you have an odd situation where to kill us are as smart as that? We Mrs. WILSON of New Mexico. So we we’re having intelligence agents take have to be able to be sharp enough to get the intelligence tip of a lifetime to tremendous risks to try to collect in- find this stuff and turn on this infor- be able to prevent the next terrorist at- telligence overseas, while we’re tying mation in a timely fashion to save us. tack, and this bill, the RESTORE Act, our own hands here in the United We have to have the agility to do that. would prevent us from protecting States. The law that we passed in early What has happened with the law we American citizens? August addresses this problem. passed in August, according to the Mr. DANIEL E. LUNGREN of Cali- The act that was pulled from the NSA, and I was out there yesterday, fornia. Absolutely. Let me tell you floor, so-called RESTORE Act, last and according to Admiral McConnell, what happens in a criminal case. Let’s week would only have restored the we are now able to do those things. say we have a legitimate wiretap on a ability of terrorists to plot to kill We now have the agility to do those member of the Mafia, and that person Americans. It would be suicide for the things. If we were to adopt the bill that makes calls. We don’t know who he is United States to intentionally, inten- was on the floor last week, we couldn’t going to call. He calls his mother. He tionally cut off our ability to try to lis- do it. The American people have to un- calls his barber. He calls the guy who ten to the communications of the ter- derstand, no matter what they say delivers pizza. rorists who are trying to kill Ameri- about it, the expert on it tells it, we Because he talks to that other person cans or anybody else. I would be happy to yield to my col- would not be able to do it. who was not the target, the legal tar- Mr. AKIN. So my understanding, get, doesn’t mean that we cannot use league from New York. Mr. DANIEL E. LUNGREN of Cali- with the bottom line, with the bill that that information against the legal tar- fornia. Let me just reclaim my time get. We can’t use it against that person has been proposed, we would lose about for a moment. And remembering last if that person is someone we then find 60 percent or more of our intelligence week when we had this bill on the floor leads that we are collecting through is a person of interest, and we would and we went before the Rules Com- electronic surveillance needs; is that become a target. Then we have to go mittee to ask for an opportunity for correct? get a warrant against that person. amendment and debate on our impor- Mr. DANIEL E. LUNGREN of Cali- That’s all that we are saying we ought tant issues and we were denied that by fornia. That is the absolute testimony to do with the law and, in fact, that is a gag rule, I would like to yield to the of the experts who actually do it. what you would do with the law that gentleman for purposes of a short de- Mr. AKIN. Sixty percent of our intel- you passed. bate, because I think this is what we ligence-gathering capability is going to As a result, we have really put hand- should engage in and why I was so dis- be hobbled? cuffs in our ability to deal with ter- appointed last week on the rule. Mr. DANIEL E. LUNGREN of Cali- rorism far much more than people Mr. NADLER. I appreciate the gen- fornia. Against terrorist targets inter- would argue that we would do in terms tleman yielding to me. And I wasn’t nationally, absolutely. In the process, of law enforcement. planning to debate this; I just hap- we will grant more protection under Mrs. WILSON of New Mexico. I thank pened to be walking through the Cham- the law to Osama bin Laden than we do the gentleman for clarifying that, be- ber and I heard what you were saying. to an American citizen accused of a cause I think it’s an important provi- People are entitled to their opinions, crime in the United States. That is the sion, and I think it is being added into but they’re not entitled to misquote utter insult in the whole process. what is being called the RESTORE Act what the bill does, which is what I’ve Mr. AKIN. Yet in the State of Mis- very late in the game before it was been hearing. souri we don’t call that common sense. pulled from the House floor last week. First of all, it is quite correct, as the Mr. DANIEL E. LUNGREN of Cali- It is a provision that is deadly dan- gentlelady from New Mexico said, that fornia. I don’t think anybody could call gerous to the security of this country. the FISA law needed to be updated.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28031 Mr. DANIEL E. LUNGREN of Cali- mittee. Not a single person on the person, the contents of such commu- fornia. Well, if I could take back my Rules Committee or a member of your nication shall be handled in accordance time, if the gentleman would specifi- side of the aisle on the Judiciary Com- with minimization procedures adopted cally say where we misstated, I would mittee or the Intelligence Committee by the Attorney General.’’ If that’s all love to respond to that. But the gen- contradicted what I had to say. No one it said, that would be fine. But then it tleman can get his own time to talk pointed to where that was wrong. That says: ‘‘That require that no contents of about other things. happens to be in the bill. Now, if you any communication to which a United Mr. NADLER. I will say two things. want to change it, we ought to change States person is a party shall be dis- Number one, the RESTORE Act, the it. But the fact of the matter is that’s closed, disseminated or used for any bill that was pulled from the floor, where it is. purpose or retained for longer than 7 number one takes care of that techno- Mrs. WILSON of New Mexico. If the days, unless a court order is obtained logical problem, just as the bill that gentleman would yield, the issue of for- or unless the Attorney General deter- was passed in August does, by updating eign-to-foreign communications is in mines that the information indicates a and making clear that foreign-to-for- the bill. But here’s the problem. We threat of death or serious bodily in- eign communications that come can put in law that you don’t need a jury.’’ through a server in the United States warrant to listen to foreign-to-foreign Reading that, as it is written, if do not need a warrant. So that’s not an communications, but you’re never tar- Osama bin Laden, in a conversation, issue because this bill does it. geting a communication between two communication or whatever to some- Second of all, let me just make the points. You’re always looking at one one who happens to be a U.S. person or two points. And second of all, I think I target. And if I am targeting you in Af- is in the United States that is not then heard you say, both of you, somebody ghanistan, I don’t know who you’re a target, under the regime that we here, that if you were tapping some going to pick up the phone and call have, doesn’t implicate that individual terrorist abroad and he called into the next. If it is a felony to listen to a con- whatsoever, but in the course of the United States and you heard him talk versation between a foreigner and a conversation, reveals where he is, about terrorism with somebody in the U.S. person without a warrant, as soon where he’s going to be, we cannot act United States, that you could not tap as that foreigner picks up the phone on that information under this specific that, you could not use that informa- and dials an American number, you’ve language unless the Attorney General tion. That’s simply not true. created a situation where an intel- determines the information indicates a Mr. DANIEL E. LUNGREN of Cali- ligence agent is a felon. As a result, if threat of death or serious bodily in- fornia. I will reclaim my time. The fact you have that provision in the bill, jury. Telling where he is doesn’t indi- of the matter is that is true. I hope to they must get warrants on every for- cate a threat of death to anybody or se- get the language here in a moment. In eigner. And that is the situation we rious bodily injury to anybody. the manager’s amendment, in the sec- were in earlier this year that com- That’s the language that your side ond major paragraph of the amend- pletely crippled our intelligence collec- has presented on the floor as a fait ment, it specifically refers to inad- tion. accompli. We could not amend it. We vertent capture of a conversation in- Mr. DANIEL E. LUNGREN of Cali- couldn’t even discuss amending it on volving an American on one end. And fornia. Let me just reclaim my time to the floor because we had a gag rule. in those cases it specifically said, if specifically quote Admiral McConnell And the gentleman is a distinguished that is the case, you may not use it for on this point. He said in testimony be- attorney. He knows how to use words any purpose, you may not disclose it, fore the Judiciary Committee: ‘‘When very, very well. You can’t change the and you may not keep it for more than you are conducting surveillance in the words that are on the printed page. 7 days, unless you get a specific war- context of electronic surveillance, you Let me yield to my friend from Mis- rant with respect to that, or the Attor- can only target one end of the con- souri before I yield to the gentleman ney General makes a specific finding versation. So you have no control over from New York. that the information itself relates to who that number might call or who Mr. AKIN. Now, there was one proce- the death of an American. they might receive a call from.’’ He dure that the Republicans were allowed Now, the fact of the matter is that then said specifically: ‘‘I’m talking to do, and that’s called the recommit; was picked up from language that’s about foreign-to-foreign and whether is that correct? We couldn’t make any currently in FISA that has nothing to that takes care of the problem.’’ amendments. We couldn’t discuss it. do with this, that has to do with inad- These are his words. If you have to Mr. DANIEL E. LUNGREN of Cali- vertent communications gained in an- pre-determine that it’s foreign-to-for- fornia. Motion to recommit, yes. other context. So I don’t know whether eign before you do it, it is impossible. Mr. AKIN. And so on the motion to it was inadvertent, it was bad drafts- That’s the point. You can only target recommit, we did the best thing we manship, or it was intentional. But the one. If you’re going to target, you have could to try to fix this problem, which fact of the matter is, on its face, that to program some equipment to say, I’m was going to basically muzzle 60 per- is exactly what it does, and that’s why going to look at number 1, 2, 3, so tar- cent of our intelligence-gathering ca- I can stand here and say, without fear geting, in this sense, if you are tar- pability. And that, I guess, you could of contradiction, that it gives greater geting a phone number that is foreign. look at it as an amendment on the mo- protection to Osama bin Laden in that So that’s the target. The point is that tion to recommit. It was merely a sen- instance than we give to an American you have no control over who that tar- tence or two. And that sentence said charged with a crime in the United get might call or who might call that something to the effect that nothing in States. target. this bill will prevent us from trying to Again, I don’t know what the purpose Mr. NADLER. Will the gentleman capture bin Laden or prevent us from was in drafting it that way. That’s one yield at this point? gathering information on al Qaeda, and of the problems when you bring a bill Mr. DANIEL E. LUNGREN of Cali- they’re attacking this country, some- to the floor and you have a closed rule fornia. I’ll be happy to yield in one sec- thing to that effect. that doesn’t even allow us to question ond. I found that I did have the specific Mr. DANIEL E. LUNGREN of Cali- the language, to attempt to deal with language to which I referred a moment fornia. Al Qaeda, Osama bin Laden or it. And the gentleman can say it ago. This is the proposed language in other terrorist groups and prevent at- doesn’t say that. I would suggest the the bill: ‘‘If electronic surveillance tacks on the United States or Ameri- gentleman go back and look at the spe- concerning foreign-to-foreign commu- cans. That was the language. And I cific language, because I was astounded nications inadvertently collects a com- might say to the gentleman, it was when I first read it. I first looked at it munication in which at least one party never offered, we never got to that and said, this can’t possibly be the to the communication is located inside point. But rather than have a gag rule way. I presented it to the Rules Com- the United States or is a United States or follow the leadership we got from

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28032 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 the Democratic side, of a gag rule, we Mr. DANIEL E. LUNGREN of Cali- mas.’’ Now you may wish it. You may also showed it to the other side way fornia. Well, that’s good to hear. Then hope it. You may think it. These are ahead of time. And the reaction was we will expect to see that language in the words that your side presented to what? To pull the bill, or at least to the bill when it returns. us as a fait accompli. That’s what it stop in mid-debate on the bill, and we Mr. NADLER. Had it said forthwith, says. You can’t get around it. And the will bring it back. it would have been, and I shouldn’t gentleman, as a distinguished attor- Mr. AKIN. It was in such a hurry speak for the leadership but that’s ney, knows that when you go into that we didn’t have time for any what they were saying at the time, we court you’ve got to look at the words. amendments. would have accepted it. But because it We’re not going to put people at risk in Mr. DANIEL E. LUNGREN of Cali- said promptly, which the Parliamen- the CIA, in the FBI and the NSA, in all fornia. Well, let me yield to the gen- tarians have told us would entail a con- of those other agencies in the Depart- tleman from New York. Perhaps the siderable delay. ment of Justice based on the fact that gentleman from New York can tell us Mr. DANIEL E. LUNGREN of Cali- we ought to read these, as I think the when the bill is coming back to the fornia. I’m sure glad we’re not delaying gentleman said once before in debate, floor. now. But go ahead. in a commonsense way. Mr. NADLER. I can’t because I don’t Mr. NADLER. Well, we found out, by b 1930 know that. I don’t know that. Presum- the way we thought the Senate was ably sometime in the next 2 weeks. But going to pass the bill the next day. It There is no commonsense exception would you yield now? turns out they haven’t got their act to- to this provision in the law. Mr. DANIEL E. LUNGREN of Cali- gether, so we have a little more time. I would be happy to yield to the gen- fornia. I’d be happy to yield to the gen- Mr. DANIEL E. LUNGREN of Cali- tlewoman from New Mexico. tleman. fornia. The Senate was going to pass a Mrs. WILSON of New Mexico. One of Mr. NADLER. Thank you. Two bill. Not that bill. the things my colleague from New points. One, what was just said about Mr. NADLER. Yes, it was going to York said was, well, there are these that motion to recommit, the contents pass a different bill. We wanted to pass minimization procedures, and that’s of the motion to recommit, that noth- a bill before they did, so that’s why we true. There are minimization proce- ing shall be construed as barring, tap- were in a hurry. dures under current law, which means ping or wiretapping, whatever the lan- But getting back to the point we said that if you gather information that in- guage was, bin Laden, Osama bin a few minutes ago, I don’t have the volves innocent people, you mask their Laden, al Qaeda, et cetera, was com- benefit of the language. I know you identity, you don’t disseminate things pletely unobjectionable. Indeed, it was have it there from the manager’s that don’t matter, and you protect peo- totally superfluous. Had that motion amendment which I haven’t seen, or ple’s privacy. If it only went that far, said the motion is to recommit the bill the context. But I do know the fol- that would be fine. The problem is the to committee to amend it to include lowing: The whole point, Admiral rest of the paragraph that my col- these words, and to report the bill back McConnell is quite correct when he league from California mentioned, forthwith so we could have continued says, obviously, if you’re tapping who- which actually prohibits dissemination the debate, we would have accepted ever in a foreign country, you don’t of information that could be critical to that amendment. We would have said know who he’s going to call. You’re this country. fine. It doesn’t change anything. Fine. tapping that one point. You’re tapping It is astounding to me that we might But, as you know, the amendment Mohammed in Karachi because you actually intercept a conversation in- said report back promptly, which know that he, you suspect he’s a ter- volving Osama bin Laden himself that would have entailed at least a 2-week rorist that’s involved. If he calls some- reveals where he is going to be tomor- delay. That’s why the bill was pulled, one else abroad no one thinks you need row and we would prohibit our intel- not because of the subject matter, but a warrant or anything else. Under the ligence agencies from telling the mili- because of the word ‘‘promptly.’’ tary where he is so they could target Mr. DANIEL E. LUNGREN of Cali- bill, if he calls someone in the United him. fornia. If I might take my time on that States, either you hear it, you can’t Mr. DANIEL E. LUNGREN of Cali- point. Promptly means it goes back to help hearing it. Either that conversa- fornia. Reclaiming my time, not only committee. It doesn’t say it can’t come tion is innocent or it’s involved with could we not disseminate, but this is back for 2 weeks. It goes back to com- something that makes you suspicious the language: ‘‘or used for any pur- mittee. of terrorism. If it’s innocent, you have Now, we have some rules here that to engage in minimization procedures pose.’’ That’s pretty broad, I would say. require a few days. We also have some- so you don’t unduly and inadvertently Mrs. WILSON of New Mexico. Abso- thing called waiver of rules that has violate the privacy of some American lute prohibition. happened virtually on every rule that for an innocent conversation. If it’s not And I think we need to get back to we’ve had here, presenting a bill to the innocent, then you, with that informa- some basics here, which is, number floor. And let me ask the gentleman, if, tion, you can continue listening and if one, the current law requires that you in fact, your concern was it would be a necessary you can get a warrant. And need a warrant to wiretap a U.S. person delay of a week or two, what are we that’s the general design of the amend- for the purposes of collection of foreign doing now? ment. intelligence. That’s what the whole I would yield to the gentleman. Mr. DANIEL E. LUNGREN of Cali- Foreign Intelligence Surveillance Act Mr. NADLER. I will answer to the fornia. I’ll take back my time. That’s was about. But it also makes clear best of my knowledge. I don’t know precisely the problem. You have to get under the law that we passed in the what we’re doing now. I’m not part of a warrant before you can take action. first week of August that you do not the leadership. And as I said, I just And if, in that conversation, something need a warrant to listen to foreigners happened to be walking here. I don’t that Osama bin Laden said does not reasonably believed to be in a foreign know why the bill isn’t back here now. implicate the American whatsoever, country. But I know it will be in the next week does not indicate a threat of death or America spies. We try to discover the or so. serious bodily injury to anybody else, secrets of people who are not our Mr. DANIEL E. LUNGREN of Cali- but reveals where he is, you are prohib- friends, some of whom are trying to fornia. So it’s the gentleman’s state- ited from dealing with that. kill large numbers of Americans. We do ment that you’re willing to accept the The gentleman from New York, I ap- everything we can to find out what motion to recommit, and your side is preciate it. But you know, the great their plans and capabilities and inten- the leadership. political philosopher, Don Meredith, tions are so we can prevent another Mr. NADLER. Yes. The language was once said: ‘‘If if and buts were candy terrorist attack. That is what our in- unobjectionable. and nuts, everyday would be Christ- telligence community does. And to

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28033 somehow tie this up in red tape with a get permission to follow the doctor’s and a competency test. Everybody out bunch of lawyers and judges makes no order. I don’t think that’s what I would there has to take the test and pass or sense to me at all when we are trying want to do. they can’t be involved in the program. to find out the secrets they are des- Mrs. WILSON of New Mexico. Will They have new training in the author- perately trying to protect from us. the gentleman yield? ity and the competency test. They un- I have to say, there is a question, Mr. DANIEL E. LUNGREN of Cali- derstand the legislative changes, the how many lawyers should it take to be fornia. I would be happy to yield. documentation and the termination. allowed to listen to Osama bin Laden? Mrs. WILSON of New Mexico. I know They have spot checks and audits to The answer should be zero. That’s what we are coming to the end of this hour, assess compliance. They have some- the answer should be. We shouldn’t in- but I think there is something impor- body else come out within their organi- volve lawyers and judges in trying to tant for Americans to understand. zation and check up on individuals. intercept his communications, even if We all remember where we were the And then they have an assessment of he is talking to an American. morning of 9/11. We remember what we management controls. Mr. AKIN. Will the gentleman yield? were wearing, what we had for break- In other words, they have multiple Mr. DANIEL E. LUNGREN. I would fast, whom we were with, and that is reviews on a regular basis of what’s be happy to yield after I make this one seared into our memories. going on there. And in addition, what statement in reference to what the Very few Americans remember where they have done is they are subjected to gentlewoman just said. they were when the British Govern- oversight by the Office of the Director Judge Richard Posner of the Seventh ment arrested 16 people who were with- of National Intelligence and the De- Circuit Court of Appeals put it this in 48 hours of walking onto airliners at partment of Justice every 14 days, way: ‘‘The aim of national security in- Heathrow and blowing them up simul- every 30 days, and every 60 days. And telligence is to thwart attacks by taneously over the Atlantic. We don’t then on top of that, they have the Con- enemy nations or terrorist groups rath- remember it because it didn’t happen. gress that can look at things. er than to punish the perpetrators And it didn’t happen because Amer- That, the American people should un- after an attack has occurred. The ican, British, and Pakistani intel- derstand, is the seriousness with which threat of punishment is not a reliable ligence were working together to dis- the agency is undertaking their respon- deterrent to such attacks, especially rupt the plot and prevent the terrorist sibility to protect Americans from ter- when the attackers are fanatics who attack. rorists overseas and to make sure there place a low value on their own lives That is what matters here. We want is no inadvertent violation of the civil and when the potential destructiveness to stop those memories from being cre- liberties of Americans. of attacks is so great that even a single ated before the event happens. Mr. AKIN. Will the gentleman yield? failure of deterrence can have cata- Mr. DANIEL E. LUNGREN of Cali- Mr. DANIEL E. LUNGREN of Cali- strophic consequences. That is why,’’ fornia. Mr. Speaker, I would just like fornia. Yes, I would be happy to yield. the judge says, ‘‘when the government to say, because we keep hearing that Mr. AKIN. I believe that what you is fighting terrorism rather than ordi- we are not concerned about civil lib- have described is pretty much what we nary crime, the emphasis shifts from erties and so forth and that courts worked out last summer. Just going punishment to prevention.’’ ought to look at this rather than mak- back to last summer when this problem The judge has put it fairly well in al- ing decisions by the President of reared its ugly head, we were approach- most understandable terms, as the gen- United States, many people fondly re- ing September 11. The Democrats had tleman from Missouri would say. member Justice ‘‘Whizzer’’ White on been unwilling to deal with it. We had And I yield to the gentleman from the United States Supreme Court, an been going back and forth and back Missouri, who would not like to be de- appointee of President John F. Ken- and forth. And as I recall, we basically scribed as an attorney. nedy. And in the seminal case in the told the other party we are not leaving Mr. AKIN. Well, I appreciate the good Supreme Court dealing with the ques- for summer break until you get this work that attorneys do, Mr. Speaker, tion of privacy and wiretapping called thing fixed because our Nation is ex- and I particularly like different attor- Katz versus U.S., he said this: ‘‘We posed. We are not collecting the infor- ney jokes. And this one particular joke should not require the warrant proce- mation that we need and we have to is the only one I have heard that isn’t dure and a magistrate’s judgment if deal with that. So at the last minute, funny, and that is, how many attorneys the President of the United States or we passed a 6-month, if you will, patch does it take to collect intelligence on his chief legal officer, the Attorney that takes us to February; is that cor- our enemies? And the answer, exactly General, has considered the require- rect? as the lady said, should be zero. There ments of national security and author- Mr. DANIEL E. LUNGREN of Cali- should be no doubt about this. ized electronic surveillance as reason- fornia. That is correct. Now, you have talked about some- able.’’ Because the fourth amendment Mr. AKIN. So until February we are what subtle or finer points of law, but talks about protection against unrea- able to do this collection at this point, the bottom line is there is an agency sonable searches and seizures and we but we have to deal with this problem. that is charged with following the law never hear on this floor that qualifica- Now, the gentlewoman from New and protecting our citizens. Now, the tion. It is reasonable. Mexico made reference to September opinion of that agency on this point is So how do we protect American citi- 11, and I think each of us have our own what is critical, isn’t it? Because if zens in this? The process of minimiza- memories. But mine was being at the they believe they can’t do the collec- tion that we talked about that is fol- site in New York City and seeing that tion, then there is going to be 60 per- lowed by everybody in the NSA. And I wall along the side of a city block, cent or more of intelligence gathering would just show this to the gentleman. four-by-eight sheets of plywood. Cov- that is going to be hobbled. They are This chart shows the procedures al- ering over the wall was a piece of that not going to have that capability. And ready put into place at the NSA, Na- kind of slick, greasy plastic that’s wa- their belief is that what you are saying tional Security Agency, to implement terproof, and it had little dots of mist is true because you quoted them; is the Protect America Act and ensure because it was a misty day. And under- that right? that Americans’ civil liberties are pro- neath it were pictures. Some black and Mr. DANIEL E. LUNGREN of Cali- tected by minimization. white, some in color, a picture of a guy fornia. That is true. And I would say it Look at this: Internal oversight, they with his dog, a husband and wife. And is similar to going to the doctor and have training built on the foundation as I looked at those pictures, it re- the doctor’s telling you that you need of compliance training. They have an minded me of the many times in the an operation to repair a faulty valve in annual requirement to read the legal morning where eyes had met gently your heart, and before you make the compliance and minimization docu- saying good-bye for the day, a gentle decision, you have to go to a judge to ments. They have advanced training brush of the hair that would be no

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And I And let me just finish on these But tonight I’m going to talk about a know the gentleman feels as strongly words. Justice Robert Jackson of the broader issue of it is impacting the as I do. U.S. Supreme Court once said, ‘‘The people who live on the land, who pro- Mr. DANIEL E. LUNGREN of Cali- Constitution is not a suicide pact.’’ vide our food and fiber in this country. fornia. I appreciate the gentleman’s f This area has been the hardest hit. And sentiments. And I would just say I it’s a broad area, as you can see here. don’t think there is anybody in this b 1945 It’s in the State of Arkansas, Mis- Chamber that depreciates the experi- DROUGHT CONDITIONS IN THE sissippi, Alabama, Georgia, North ences of 9/11 nor the threat that cur- SOUTHEAST Carolina, South Carolina, Tennessee, rently faces this country. That does Virginia, and even parts of Maryland. not excuse anybody in this Chamber or The SPEAKER pro tempore (Mr. In North Carolina, Governor Easley us collectively for making either ill-in- MITCHELL). Under the Speaker’s an- has issued a state-wide ban on burning, formed decisions or just wrongheaded nounced policy of January 18, 2007, the and he has asked citizens to halt all decisions. And when we have the expert gentleman from North Carolina (Mr. nonessential water use. Just this week experience and judgment of people like ETHERIDGE) is recognized for 60 min- he took another step, and he asked our Admiral McConnell, who told us of the utes as the designee of the majority citizens to reduce their water use by 50 threat that we are currently facing and leader. percent by Halloween. And this his inability to do the job that he has Mr. ETHERIDGE. Mr. Speaker, I rise drought has affected our farmers to an sworn an oath to do, and when we re- tonight to begin this hour to put a extent so great that it is now affecting sponded in a way which he said works, great spotlight on what is occurring in rural communities across North Caro- it is totally beyond belief that we the southeastern region of the United lina. And I’m sure, as my colleagues would want to change that now. States. come this evening, they will share with And the other thing is, is there any- You know, when you look at the sta- you what’s happening in their State body in this Chamber that believes the tistics and you look at the effects, across the Southeast. threat is only until February or is only there is only one word that can de- I don’t know if my colleagues can see for 2 years, as was in the bill that was scribe the drought that has gripped the here, but certainly North Carolina is presented to us? This is a long-term southeastern United States, and that is predominantly red because now, and I threat which necessitates a long-term ‘‘tragic.’’ will talk about it in a few minutes, al- commitment on the part of the Amer- If you look at this map to my right, most every county, almost all 100 coun- ican people, on the part of the Con- you see that the Southeast is this large ties are in what’s called the ‘‘extreme gress, on the part of the entire Federal red area. And you also have some of drought,’’ and I will talk about that; Government. And we have an obliga- the same effects in some parts of the but my congressional district falls 100 tion to make sure that that takes west coast, and we’ve seen the effects percent in the extreme drought area. place. Otherwise, the American people of what’s happening there with the ter- And it does have an effect on rural have every right to say to us you have rible fires that are now taking place communities, but it also affects subur- not done the job. out in California. ban and urban communities. Plants are So I would hope that when we have Mr. Speaker, this is a disaster, not having their production levels cut to this bill on the floor we have an oppor- like a tornado or a hurricane or even save water. Several communities have tunity to make it permanent so that any major catastrophic event. When only a few months of water supply re- we can tell our adversaries we will you have a big storm or you have an maining. And I just talked about one throw everything at you, not to con- earthquake, it’s over, you come in and that has no more than 60 days. It has vict you after a perpetration of an at- put things back together, you’re able now cut production in one of the plants tack on us but to prevent it in the first to start sorting people’s lives out. But that employs roughly 2,000 people; it place. The American people don’t want a drought of the magnitude of the one has cut their production back to 3 and prosecution. They want prevention that is now gripping the Southeast is 4 days. They’re hauling water in water first and foremost. sort of a continual process. It started tankers just to keep operating. I know Mr. AKIN. If I could just interrupt well over a year ago. We had a dry win- that this is the case in several of these for a minute, I don’t think any of us ter, we had a dry fall, last year a dry other States as well, and I look forward want to impugn anybody’s motives. winter, this past year, and now this to hearing from my colleagues. Our objective here is and the reason we year. And I will talk about it more as What we really need is a good rain. were sent here by our constituents is to the evening goes on. Members of Congress think they can do solve problems, which you have out- We have places in my home State and a lot of things, but they can’t do a lined is a reasonable balance between in other places of the Southeast where whole lot about rain. We can talk the privacy rights of Americans and we are 20 inches of rain below normal. about it, we can pray for it, we can the necessity of the government to do And I will talk about that and will wish we were able to get it; but the what it is number one tasked to do, have more to say about it as the truth is we can’t do anything about it. which is to protect our citizens. But evening goes on. But this impact adds And when we can’t do that, what we when we get that balance wrong and up over time. It impacts every person can do is help in ways we can help. the director of the people that have to in the Southeast. It impacts animals, In my district, the Second District of collect that intelligence say that we it impacts vegetation, and it certainly North Carolina, as I’ve said, the entire have got to have judges, you are going has an impact on the land. district is virtually in the exceptional to knock out more than half of our in- This drought, frankly, is the worst drought area. That is the most serious telligence-gathering capability, then it one that people who are now living can category of drought you can have. says we need to get back to the draw- remember. And in some places in my Farmers have had to struggle all year ing board and get this thing done the State, people who are approaching 100 in this very difficult situation. right way. years of age say they have never seen The crisis that this drought is is un- I certainly appreciate your attention anything this bad. We know that this derlined by the two critical variables to the details to looking at the lan- entire region has had, in some places, that seem to be working against us.

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First is the self-sustaining cycle that a colleague, BOB ETHERIDGE, for request- bacco, soybeans, pastures, hay and pea- drought of this magnitude can trigger. ing this time tonight. Indeed, we all nuts. And those numbers continue to For this region to recover any time stand together, knowing that the se- rise, Mr. Speaker, as farmers harvest soon, we will need at least an addi- vere drought which is gripping the what’s left of their crops. tional foot of precipitation. We’re not southeastern United States has already I also joined my friend, Congressman likely to get that. This late in the destroyed millions of acres of valuable ETHERIDGE, in signing a letter to the year, we normally get the ocean trop- crops, Mr. Speaker, not only in our President as well when we returned ical storms out of the Caribbean. There home State of North Carolina, but from our recess. was a time when we worried about hur- throughout the southeastern U.S. And, Now, for many families in our dis- ricanes. We have people in North Caro- unfortunately, the situation is only trict, farming is their sole source of in- lina now saying we wish we could get going to get worse. come, and any significant loss of yields one because they would get rain. Today, North Carolina experienced is financially devastating. As we all Mr. Speaker, I’m working in Con- yet another day of dry weather. have been hearing from our farmers, gress to provide some relief. The House Months upon months of hot tempera- they may not even be able to make it Agriculture Committee is holding a tures, scorching sun back since early until next year, and many may be hearing on Thursday to help shine the this summer, and little to no rain since forced to sell the land they have just to spotlight on this growing disaster, and then have brought about dead and pay their bills. And even if North Caro- it really is a disaster of large propor- dying crops, soybeans, corn, hay, cot- lina were to see some significant rain- tion. ton and nursery crops, in particular. fall, most crops are already too far I wrote a letter to the President ask- During my travels around southeastern gone for it to make a difference at this ing for assistance. This letter was North Carolina, both the summer and point. signed by 54 of my colleagues, both this fall, I met with many farmers What these folks need now is disaster Democrat and Republican. I assume it about this issue. Back in August, dur- assistance to help them pay their bills, takes a long time for a letter to get to ing our recess, I met with farmers then to make sure that they can remain on Pennsylvania Avenue. I haven’t heard who feared the worse, and now here we their farms and get ready to plant anything from him. I assume that are months later and unfortunately again in the spring. It is also impor- Pony Express will show up one day, their nightmares are coming true. If we tant for all of us, as communities and maybe it went with Turtle Express, but had not experienced significant rainfall as citizens, to realize that this is going I do hope to hear. We have asked that by the Labor Day weekend, we were to affect all of us beyond the farms some money be included in the supple- going to have even worse problems and, into our very homes. And now people mental that the President requests. indeed, we have. Where lush green are realizing that with preventative And I understand he sent a supple- fields of corn once stood, ragged brown measures they’re having to do to avoid mental down, but there was no request stalks, beat down by the sun, now dot wasting water. in it. I hope he will reconsider because our rural landscape; constant remind- It’s imperative that we support our these farm families may not be able to ers of how devastating this drought is farmers during this dire time so that make it another year. we may ensure a safe and abundant They pay taxes when they have proving to be. During August, I met with and talked food supply for which we, in America, money. They’re God-fearing people. with farmers from several counties. I are known and which is important to They help in their communities. And asked North Carolina Governor Mike all American citizens. We need help, they deserve, when they have tough Easley, on behalf of our area’s farmers, and we need it now. times, for their government to help And let me just say that this drought them because they’ve helped others to request a disaster declaration as se- reaches, indeed, beyond the farm to when they’ve had tough times. vere drought conditions existed in Farmers are some of the most re- most areas, and I know my colleagues citizens throughout regions now across sourceful, ingenious, productive people have done the same. the country. Restrictions on watering around; but there is not much you can I also wrote then-Secretary of Agri- lawns and washing cars have now do to grow crops or raise livestock or culture Mike Johanns and the Presi- turned into calls to even reduce shower produce poultry and pork without some dent to request their assistance. And times. And public schools and some of the essential things you need, and subsequently, upon the return to Wash- places now have started to switch to rain is one of those things. And you ington after the August recess, I then paper plates to conserve water. need feed. also asked the leadership of both par- Our Governor now has called on even Mr. Speaker, this is why we’re here ties here in the House to help us to greater restrictions in North Carolina. tonight, and this is why we all work to- help those in need because, indeed, this And there are great concerns that we gether. And we’re going to work to cre- is not an issue about political parties. not only need rain to help the farmers, ate an awareness to this problem. And This is an issue of economic survival, but this drought has affected every cit- we’re going to put a fire under our col- and ultimately, it’s going to affect ev- izen, and our supply of water for all leagues, if necessary, and we’re going erybody. needs, in industry, in home, in schools, to do the same at the White House if it You know, Mr. Speaker, and to my and throughout all sectors of society. takes that because our farmers and friend, Congressman ETHERIDGE, and We must all begin to think about rural communities desperately need as- those others who are joining us here long-term strategies to conserve water sistance. It is my hope that we can tonight that you will hear from short- and protect the vital water supplies of pass a relief package and that the ly, this is something that affects countless communities through, not President will sign it into law. everybody’s pocketbook. We all depend only North Carolina, but, indeed, the These are good Americans. They on food and fiber for our very survival. rest of the southeastern U.S. With me- don’t live someplace around the world; And this is an issue that is now going teorologists now calling for continued they live here in the United States of to affect all of us here in our neighbor- warm, dry weather, the urgency of ad- America. As I said earlier, they’re tax- hoods back home, in our communities, dressing this worsening drought con- paying citizens when they have money. indeed, across our State of North Caro- tinues to rise, and the need for finan- Now, let me yield to my good friend lina and throughout the Southeast, and cial assistance is greater than ever. from North Carolina, MIKE MCINTYRE, ultimately across this Nation. The time is now to act. I thank my who also understands this problem. His According to USDA loss estimates, 85 colleague for helping us bring atten- district is caught in the red area also. of our State’s 100 counties have re- tion to this tonight in this time we So I yield to him for whatever time he ported excessive agriculture losses due have. And I know several colleagues may consume. to drought for at least one significant from not only throughout North Caro- Mr. MCINTYRE. Thank you, Mr. crop. And major losses have been re- lina, but across the South, are going to ETHERIDGE. And I want to thank my ported already on corn, cotton, to- be speaking tonight on the floor. We

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I represent 14 counties, from the National Government, and I have just changed the map here for small-town counties, proud counties, this map here was actually from the my good friend, Mr. SPRATT from but still dependent on agriculture, and U.S. Department of Drought Moni- South Carolina, to give a little bit bet- 13 of those 14 counties were included toring and it is dated October 16. It is ter view of the South Carolina area recently in a disaster declaration from worse today than it was on the 16th be- that his district falls in. And it the Secretary of Agriculture. That is cause we have had no rain. reaches, of course, into North Carolina, how widespread the disaster situation Let me just share some numbers, and South Carolina, Virginia, as I said ear- is. it will be the same that is true in lier, Tennessee, Kentucky, all the way Our Commission of Agriculture esti- South Carolina, Georgia and all these down to Alabama. mates that in South Carolina alone, regions that we see in red. For in- As my colleague, Mr. MCINTYRE, said, the losses are going to equal $500 to stance, as a State as a whole in North and I think my friend from South Caro- $600 million. Now, most people don’t Carolina, just talking about topsoil lina will confirm, you know, these are know it, but most farmers today, re- moisture, 73 percent short, very short, the things, it sort of starts to weigh on sponsible farmers, carry crop insurance 21 percent short. Translated, what that you as the drought gets worse and underwritten and subsidized by the really means Statewide is you can’t worse. You know, not being able to Federal Government. But it is not plant grain for the fall. The ground is water our lawn, wash your car, take a enough to cover their losses. It is par- so dry it will not germinate. In the long shower is an inconvenience; but if tial recovery, but it is not nearly mountains, 81 percent, very short, 16 you’re a farmer and you don’t have the enough. The existing law requires, al- short. In the piedmont, 87 percent water for your crops, it’s catastrophic. lows disaster relief and other forms of short, 13 percent very, and even in the Because you not only have an oppor- relief to farmers who have suffered coastal plains 53, 34. From the moun- from natural disasters, provided that tunity to lose your livelihood; you tains to the coast in North Carolina. they planted their crops or harvested could lose your means of future liveli- South Carolina probably faces some of their crops before February 28, 2007. hood if you ultimately lose your land the same challenges in terms, and if Unfortunately, that applies to very few and the equipment that you till it you look at the crop conditions, and of our farmers in the crops that they with. this was over a month ago, cotton, very plant. Consequently, they have next to So I would yield such time as he may poor and poor to fair, 80-some percent; no coverage, next to no protection consume to my good friend from South pastures, 99 percent either fair, poor or from disaster relief that some farmers Carolina, the gentleman, Mr. SPRATT. very poor. I share that on pastures be- in other parts of the country would cause there are a lot of cattle in South b 2000 enjoy. Basically what we would like simply Carolina as there are in North Caro- Mr. SPRATT. Mr. Speaker, I thank lina. The price of cattle at the auction my good friend for yielding and thank to see happen is for our farmers to be cut into the same program of relief market has dropped $15 a pound since all of you for participating in this Spe- early summer. Now farmers are being cial Order tonight. You know, we tend that other farmers are enjoying by vir- tue of existing agriculture law. That is forced to sell because of no hay, no to think of ourselves as urbanized, even grazing for the winter, and guess what in the Southeast these days. But in what we are asking for. And there’s several different ways to do it. is happening? They are getting hit South Carolina, my State, and even twice. They are buying hay to feed the more so in North Carolina, agriculture Supplementals will be coming through here with capital improvements in var- cattle that they have left, and the ones is critically important as part of our they are selling they get less money. total economy. In South Carolina, ious parts of the world, Iraq, Afghani- stan; we could afford something in Now, the people in the Midwest faced 46,000 full- and part-time jobs are sup- those bills for our own farmers. The this several years ago. This is some- ported by agriculture. That is 22 per- farm bill itself will be coming back thing we haven’t faced before. I will go cent of all the jobs in our State; $15.1 here in conference report. Maybe there through the others later. But at this billion in income is attributable to ag- is some way we can adjust it to provide time, my colleague from eastern North riculture, 17 percent of the State’s for us. The Agriculture appropriations Carolina, where he is facing some of total income. bill has not yet been passed. There are the same drought areas, one of the I could go on to show that even now lots of opportunities. heaviest agricultural areas in North in the 21st century, we in the Carolinas We are here tonight to say we need Carolina, my good friend, G.K. and throughout the Southeast still the help of everyone, beginning with BUTTERFIELD, I yield to you such time have a lot of agriculture, and we are the administration. The Bush adminis- as you may consume. critically dependent upon it. Our farm- tration could initiate this process by Mr. BUTTERFIELD. I want to thank ers and our people throughout the requesting in the next supplemental my friend, Congressman ETHERIDGE, for Southeast are faced with just about the some sort of assistance for these farm- yielding me this time. This is a very worst drought I have seen in I don’t ers, as was done and should have been important issue for North Carolina, know when. And it keeps getting worse done for the farmers suffering from and I want to thank him for allowing and worse. I went to Marlboro County, wild fire on the west coast and, by me to come to this floor tonight to add probably one of the most agricultural golly, that will be a big first step and my comments to this subject. Also I counties in the 14 counties I represent. help us finish the process, carry the want to thank my good friend MIKE I couldn’t believe what I saw. And it ball across the goal line here in Con- MCINTYRE. He spoke just a few minutes hasn’t gotten any better since then. gress. ago. MIKE and Congressman ETHERIDGE Soybeans that never develop. There is We are here tonight from all over the both are dynamic leaders of the Agri- no pod. Cotton that is barely worth Southeast to bring the same message culture Committee. They both serve as getting out of the fields. Hay, peanuts, to the Congress, to the country and to chairmen of subcommittees on the pastures, you name it, they are all suf- the Bush administration. We are hurt- Committee on Agriculture, and they fering. It is basically at the level of ing, hurting bad. And if we don’t get are leading the way. I want to thank being catastrophic unless we can help some sort of relief, it is going to be them publicly for their extraordinary and help soon. In Marlboro, back in devastating for our farmers. leadership. September, the threshold for the De- Thank you very much for the time But, Mr. Speaker, I have come to the partment of Agriculture in declaring a you have yielded. floor tonight to, again, talk about this

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Certainly we are hearing from category listed by the Drought Man- kind of disaster that could push many farmers on a daily basis just saying, agement Advisory Council. The council of our farmers out of business and off ‘‘What can we do? What kind of help also lists the remaining counties as ex- of their farms. Congress must move can we get to get through this?’’ be- periencing extreme drought or severe quickly to avoid worsening this nat- cause they know they have no ability drought conditions. This is very seri- ural disaster. to make it rain. ous for North Carolina. So, I am confident, I am extremely b 2015 The conditions have been so severe confident that the Democratic major- Mr. BUTTERFIELD. If we don’t do it, that several of our communities have ity will rise to the occasion. We will as little as 3 months of water left re- it won’t happen. certainly encourage the leadership to Mr. ETHERIDGE. That’s exactly maining. If North Carolina does not see do that. We will make the resources significant rain, some areas face pros- right. If we don’t get it done, it won’t available for our citizens. And I pray, get done. I appreciate you being here pects of water rationing. Yes, water ra- Mr. Speaker, that the President of the tioning, or potentially running out of tonight. Thank you for coming and United States would not veto that leg- joining us. water entirely. The climate data shows islation, that he will sign it into law. that this spring and summer was the According to the National Drought Thank you, Mr. ETHERIDGE, for your Monitor Center, North Carolina is still area’s driest period since 1948. extraordinary leadership, and thank North Carolina, Mr. Speaker, is tak- reporting, as I said, the largest drought you for what you mean to North Caro- ing this problem seriously. Currently, impact in the United States at this lina. 106 public water systems have already time. The crop conditions are dev- Mr. ETHERIDGE. I thank the gen- adopted mandatory water restrictions, astating. tleman, and I couldn’t agree more that, Let me just share with you an exam- while 118 have enacted voluntary re- you know, when you look at our State, ple of a farmer from Autryville, North strictions. I was on a program a few really, all this whole region is suf- Carolina. He grows watermelons. He nights ago with the Speaker of our fering, but according to the numbers said, We have suffered at least 25 per- House of Representatives in North by the Drought Monitoring Council in cent for our early summer crop and an Carolina, Speaker Joe Hackney, and I the Department of Agriculture, if you 80 percent loss of the later plantings in told Speaker Hackney that I would be August and September. We had over 500 on the House floor tonight with our look at North Carolina specifically, North Carolina is still reporting more acres of watermelons. friend BOB ETHERIDGE and we will be drought impact than any other State Now for the people who go to the gro- talking about the drought. The Speak- cery store, they are going to feel that er of my House told me, ‘‘Congressman, from the mountains to the coast. Now, all these in the Southeast are hurting. impact because not having products with all due respect, you need to talk produced close to home, that they about more than the drought. You need But in North Carolina, as one farmer said to me the other day, and I men- don’t have a lot of transportation in, to provide resources for the farmers that they know where it comes from, and others who are affected by the tioned this earlier, he said, ‘‘You know, if you can’t water your lawn, that is an they get a good, fresh product at a rea- drought.’’ sonable price. That won’t be there. He This is very serious. As anyone can inconvenience. If you can’t wash your car, you can drive it a little dirty. You said, All of our ponds ran out of water imagine, the effects on agriculture in both the watermelon and the canta- have been brutal. Congressman can cut back on the shower. But my ponds are empty, so I can’t irrigate my loupe fields even though we only used ETHERIDGE talked about it a few min- drip irrigation. You say, Why would fields. So I am facing the forces of na- utes ago and Congressman MCINTYRE the water run out? Because we had the ture, and I could lose everything I have and my friend Congressman SPRATT, hottest summer on record. When you got.’’ That’s a sad situation to be in. they all talked about it. The effects have a hot summer, you get a lot of But it is a reality. When that happens, have been absolutely brutal. It is esti- evaporation. If you get no rain, you get mated that peanut production is down you know, farmers are the last ones to no opportunity to replenish it. about 20 percent from this time last sort of stand up and say, ‘‘We want the He said, Our cantaloupe crop wasn’t year. Hay production has been cut government to help us.’’ They usually hurt much more than 25 percent to- nearly in half, and soybean production want to say, as you well know, ‘‘If you tally. However, a 25 percent loss starts is down by more than a third. My col- just leave us alone, we can get our jobs to eat up our profit when you have over leagues, that is serious. In many parts done.’’ But this is one of those times 300 acres of cantaloupes that were of my district, and Congressman that many of them won’t make it with- early. Pumpkins. We experienced 100 ETHERIDGE has the map there with him out help. And it is certainly true in percent loss on our 100 acres of pump- in the well of the Chamber, these con- your area as it is in mine. kins. Even though we were able to irri- ditions are so dry that the soil at the Mr. BUTTERFIELD. Mr. ETHERIDGE, gate some of them, we ran out of bottom of drainage ditches has started are you beginning to hear from our water. The excessive heat caused very to crack, and water in streams and farmers across North Carolina? Are poor pollination, which resulted in no creeks has ceased to even move. For they calling your office like they are fruit set. many, the water table has also dropped calling my office? Now, for those who are listening this to the point where there is virtually no Mr. ETHERIDGE. They are. evening here in the Chamber and those water in the ground. The drought also Mr. BUTTERFIELD. I discern a sense who may be watching on C–SPAN, means that there is less water avail- of desperation among our farmers. what they are really talking about is able for our cattle and horses and other They are looking to their Federal Gov- you have to pollinate those flowers, uses. At this point, some farmers will ernment for a response. Is that what and if they don’t get pollinated and likely have to abandon their crops, par- you are finding? don’t set, you get no fruit. So all of a ticularly our peanut farmers. The con- Mr. ETHERIDGE. I am. I thank the sudden, after all the work he put in, sequences will be even more serious if gentleman for yielding. I do. And it is the expensive inputs, there’s no money there is no significant rainfall between one of those things where, as I said ear- at the end of the year. now and February. lier, it didn’t start this year. It really He said his wheat crop was about a 65 Our U.S. Department of Agriculture started last year, as you remember. We percent loss due to the drought condi- declared 85 North Carolina counties had a dry winter, then a late frost that tions as far back as February and

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28038 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 March. Remember, I said earlier we Then we went to his soybean field, two, you can’t buy new equipment, and had a dry fall last year, it went into and in that field, and I grew up on a all of those people that they buy the winter, and then we had the early farm, my son still farms, I participate trucks, tractors and equipment from, frost that hit the wheat and the oats in it a little, and I would venture to they are going to feel it. and a lot of our late grains. So he say we opened some pods on some of As you can see from the map here, as winds up with a 65 percent loss there. the soybeans, and those of you who I said earlier, the situation in North Then his other crops, and this is just ever had a BB gun know how big a BB Carolina and the entire region is dire. one farmer, and I will share with you is, and a soybean is supposed to be a lot Fifteen more counties were just moved in a minute what these products mean bigger, like a pea. And they were like into the worst category of drought, ex- in terms of dollars just in North Caro- BBs. ceptional, this week. We talked about lina. I could use other States, but since Of course, when they go through and 85 already. Fifteen more have been North Carolina is my home, I am going harvest, they will go right through the moved into it. We hope to get some to use that State. It has an impact be- harvest and wind up back on the rain this weekend. Every time we get cause roughly 25 percent of North Caro- ground. They are great to help the promised rain, it tends to split and get lina’s gross domestic product is really birds a little bit, but it’s going to be away. We hope we do. But more is tied up in agriculture. Peanuts. Our devastating for Mr. Jordan and farmers needed to make it. When you have as loss ranged anywhere from 30 percent like him. He said, The heat has been as much area having drought as we do, it to 75 percent below normal yields due big a factor as the drought. Of course, just seems that it gets tougher and to drought. That was just a plain lack all of you know the heat contributes to tougher. of rainfall. the drought, because it was the hottest Let me share with you one other Now, some of you might say, Well, summer on record in the State of thing. I think it was my good friend why would the rains be so great be- North Carolina and in the Southeast. Mr. BUTTERFIELD was talking about tween 30 percent and 75 percent for a He went on to say he has cattle. He how he saw streams that were crack- farmer who had peanuts. You have got said there is not enough hay to cut to ing. I was up toward Siler City about a to understand, the rain, what little justify running the machinery, so we month ago in the Upper Piedmont, rain we got this year, and, remember, I are to spend a lot of money for feed to western part of my district. It was the said earlier it rains, depending on help these cows get through the winter. first time in my lifetime I have seen where you were in the State, 10 inches We have farmers in North Carolina trees along streams that were dead. below normal, to as much as 20. If you hauling hay great distances, others Not the leaves falling off, trees were happened to be in one of those 20-plus that cannot even buy it, hay that was dead, because the streams had long inch areas, then your peanuts didn’t do $20 and $25 for a big bale has now gone since dried up. And anyone who knows much of anything, or anything else. So from $40 to $50, and in some cases they anything about forestry, a tree near a that was part of the problem. It could can’t even get it. This is why they are stream tends to have its roots fairly happen within any given county. This asking for help. This is why this Demo- shallow and in the water or close to it. is one of those unusual drought years. cratic Congress, and I hope my Repub- These streams had been dry so long, He said, I planted soybeans. Even lican colleagues, and I pray the Presi- the trees didn’t have deep roots so though we haven’t started harvesting dent, will do the right thing and sign whole trees were dying. You could see soybeans yet, there is nothing there to legislation to help. long strips of trees along streams that harvest. We have 500 acres of soybeans. Mr. Jordan has estimated that his were dead. Farmers had been feeding So those of you who don’t have an idea gross loss will be somewhere between hay since late July. how much 500 acres is, I will just share $115,000 and $200,000 on his fall harvest. I keep repeating this because this is with you that if you had a good yield He is a large operator. He might weath- a critical situation. You know, you can on 500 acres, and you yielded say 40 er it. But it will take him years to re- be in Washington and you can come bushels an acre, you can figure it up cover, because the machinery he uses into this nice building and you can right quick if soybeans are $7 a bushel. has got a year’s use on it and it is get- have plenty of food every day, but one You can see how much prospective in- ting worn out and he has no money to of these days, if we don’t take care of come you have just lost. You have al- make it happen. He said, I hope we can the people who provide food and fiber, ready got all the expenses of getting salvage some of it. We will try to save we might face that challenge too. your land ready, buying the seed, put- what we can. And I just say thank God So I hope my colleagues understand ting the chemicals on it if you had to for people like him and other farmers how serious this situation is, and I spray it for pesticides or something. who are willing to continue to get up hope the people at the White House un- This year they probably wouldn’t be- early in the morning, work in the hot derstand. I pray that the President will cause it was so dry. Any time you have sun, and take the huge risk that it send a request to help not only our a dry year, you’re more likely to have takes to provide food and fiber for all folks in the Southeast that are going pests eat it. That is a real problem. of us in America. to take a long time to recover, but also Just this past Monday I was in the Let me share with you something those on the west coast that we see on field with a gentleman who actually about what is happening with what we TV tonight, and it looks like it is going farms in Johnston in Wake County. Mr. call the ‘‘green industry.’’ The green to be awhile, who have lost a great deal Jordan carried us into one of his grain industry, of course, is our nursery in- as well. fields of soybeans, showed us his sweet dustry and a host of those things tied These things, if they do not deserve potatoes. Let me just read to you what to it. These numbers are for North an emergency appropriation, I pray he said when I visited him. He is a Carolina. ask, what does? If we can’t help the hardworking guy. He has farmed all of The green industry contributes more people in this country, who can we his life. His dad farmed the land; his than $8.6 billion to the economy of help? When can we help them, if we son is now with him. North Carolina. The green industry can’t help them when they are hurting? He said, I just had a third of a crop of alone employs roughly 151,000 people. Mr. Speaker, almost 85 percent of the sweet potatoes come in, and the ones Due to the drought thus far this year, land area of my State is now des- we harvested, and for those of you who the green industry has laid off 30 per- ignated as being either extreme or ex- know what I’m talking about, number cent of their labor force and revenues ceptional drought. To my knowledge, one potatoes are the ones you get your are down 40 percent. Let me repeat that has never happened in my life- money for, and the others don’t turn that again: 40 percent. time. I have talked with people who are out too good. They’re good potatoes, Now, that will be felt not just this almost 100 years old, and they never re- but people go to the grocery shelf and year. That is going to be felt for a member it. they may not buy them. Most of them number of years, because that means, Fifty-four percent of the land area is were not number ones. number one, you can’t expand. Number in the exceptional category. That is up

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28039 from 38 percent just last week. And, as weather to make it. Make no mistake It is that damage to agriculture that I said, all of the State is in at least se- about it, somewhere in America almost brings us here tonight. North Carolina vere drought, with the last three coun- every year there is some catastrophic boasts one of the most diverse arrays ties in the moderate category now event tied to agriculture. Some of it is of agricultural products in the Nation, moving into severe. tied to our beaches with hurricanes. It yet crop yields in North Carolina and On October 18, the North Carolina is tied to tornadoes in the Midwest. It other southeastern States are down Drought Management Advisory Council is tied to earthquakes. It is tied to a across the board. There is not a crop Web site listed the number of North lot of things. We have always re- that is not affected. Carolina counties in each category as sponded. We have always helped, and Last month, following our Governor’s follows: D–4, that is exceptional, 71; D– we should. Now is the time, Mr. Speak- recommendation, the U.S. Department 3, extreme, 18; and D–2, severe, 11. er, to help the people in the Southeast of Agriculture designated 85 of North Carolina’s 100 counties as disaster b 2030 at a time when we have the toughest drought that we have ever faced. areas, and all 85 of these counties have We talked earlier about the challenge And I am pleased that we are now lost at least 35 percent of at least one we face with water. And water is im- joined by my colleague from Wake major crop. portant to sustain life. I mentioned County who understands this. He rep- Such losses are not confined to farm- earlier about Siler City. I want to talk resents some of the agricultural area, ing in rural areas. They may hit the about that again because that county but we are very fortunate to have him smallest farming communities the has probably suffered as much or more chairing the Appropriations Sub- hardest, but they inflict serious pain as any county in the district, agri- committee on Homeland Security, and on the entire economy of an agricul- culturally as well as the city of Siler he certainly understands that our agri- tural State like ours. They are felt City. They are down to 60 days of cultural production is part of our na- throughout the country, seriously af- water. Tonight I want to thank the tional security as much as protecting fecting the Nation’s food supply and Governor of our State, Mike Easley, our homeland. If we can’t have cotton prices. and his staff and some of the folks from and corn and soybeans and those things This may be a regional drought, a USDA who have worked together to try we enjoy having on our table, then we disaster that is centered in the South- to make sure that the town has water. are challenged. And I yield to the gen- east and in North Carolina in par- ticular, but there is no doubt it is a na- They have been hauling water with tleman from North Carolina (Mr. tional problem and that national at- trucks to keep roughly 1,500 to 2,000 PRICE). He can see from the map as tention is called for. We need to focus people working. As I said when I began well how North Carolina is the worst of attention on this challenge in this to speak, they are now down to 3 or 4 all of the southeastern States by the days a week. It looks like they are body. drought monitor. Congressional attention and action going to break ground, because of the Mr. PRICE of North Carolina. I are demanded. That is why we signed a hard work of the Governor’s staff, on a thank my colleague for yielding. That letter to the President requesting that waterline that will hopefully get them map before us is an all too familiar he include disaster assistance in any over the hump. But we still need rain scene, I’m afraid. We have seen the supplemental appropriations request. I and we need help. drought areas growing and growing am disappointed that yesterday’s re- These two plants, Pilgrim’s Pride and each week in the newspaper depictions Townsend, provide a lot of jobs, but quest failed to do so. I know my col- of our weather pattern. It is very, very league shares that disappointment, and they also provide an opportunity for dry up and down the eastern seaboard. our farmers to have income who I suspect he has talked about it a good In the Washington, D.C. area, this is a deal tonight already. produce a lot of poultry in our State. serious situation as well. But my col- I am hopeful that the Appropriations They provide a lot of food for the table league is right; no State has been hit Committee will pay attention to to- of a lot of Americans who don’t want harder than North Carolina. And the night’s remarks and understand the to think about it, who don’t want to devastation started in the western part scope of this problem and take appro- know about it, who really aren’t inter- of the State at first, but has now swept priate action. I am a member of that ested in it. They just want to go to the across the State, and we have severe committee, and I plan to press for dis- meat counter and have good, safe, plen- drought conditions, I think, in every aster relief wherever and whenever it tiful, affordable food supply. one of our North Carolina counties. can be achieved. I urge all of my col- Mr. Speaker, to do that it is incum- The situation is dire. leagues to do the same. bent upon every Member who took the The gentleman from North Carolina Again, I commend my colleague for oath of office in this Chamber and the (Mr. ETHERIDGE) who serves so well on calling this Special Order and for his other body across the hall and the the Agriculture Committee and also dogged persistence in looking out for President of the United States, if we the Homeland Security Committee, has our farm communities, but also under- can get together a bill, pass it, and we done us a service in organizing this standing the implications of this dis- should, for him to sign it, to make sure Special Order tonight and bringing this aster for the economy as a whole. that these folks continue to make it. serious problem to the attention of our Mr. ETHERIDGE. Let me thank the I saw on Monday the sad com- colleagues and to the attention of the gentleman and thank you for your mentary of what a major drought can country. leadership not just on this, but other do. I was on our farm with our son Sat- If anyone has spent any time at all in issues as well. North Carolina is one of urday. We spent an hour or two and the Southeast this summer and fall, it those States, I couldn’t help but think were going to put a cover crop in. We would be difficult for the enormity of as you were going through the list, as actually put some in last Saturday. He the drought not to catch your atten- you talk about the drought, and over said to me I probably made a mistake; tion. We see it daily during our time in the years being here talking about it might not come up. He is probably North Carolina. We are not simply floods and hurricanes because North right. This Saturday we decided not to talking about brown suburban lawns or Carolina, as folks can see on this map, plant anything because the ground was needing to take shorter showers, al- we sort of stick out in the Atlantic and so dry it wouldn’t germinate. though both of those are realities. The we get whacked by hurricanes and we I happen to believe our food supply is hot and dry conditions of the past sev- have had floods. I thank the gentleman part of our national defense. It is part eral months have dried up our lakes for his leadership over the years. He of our homeland defense, and Members and killed our crops. They are threat- has taken the leadership on the Appro- of Congress I think will rally. Farmers ening the water supply of many com- priations Committee, and we will lean face some of the toughest perils that I munities, and they are irreparably on your broad shoulders again as we can imagine when they invest their damaging this year’s agricultural out- work through this because it is impor- money in the spring and depend on put. tant.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28040 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 Let me share with my colleagues in Coming from an agriculture State So, Mr. Speaker, if you will permit, I the little time we have remaining what and district myself, I will say I have will describe what the DREAM Act Brian Long, who is a spokesman for the significant empathy for the drought does, and that is, it provides, let me State Department of Agriculture and plight in that part of the country. That say it this way, an opportunity for in- Consumer Services had to say. He said, huge area of bright red tells me how state tuition discounts to go to people ‘‘We cringe a little more each month tough it must be down there where it who are otherwise unlawfully present because it is going from bad to worse.’’ hasn’t rained very much in a long time in the United States, usually younger And I say that because every day and gives me a sense before how long it people that have graduated from high that it doesn’t rain it gets drier, and will be before you can see green again school. It gives them in-state tuition every day that it gets drier, it means in your part of the country, Mr. discounts, or allows the States to do that more and more farmers move clos- ETHERIDGE. We have lived through that so, and then gives them a conditional er to the edge. Don Nicholson, a State in past years, and I can tell you, it goes legal status in the United States pro- regional agronomist, said: ‘‘It’s the deeper than just looking at a picture. vided they enter into college or enter worst I’ve ever seen. My mother is 76. It goes to the very lives of the people into the uniform services, not always She talks about how bad it was in the you represent. our military, but some type of uniform early fifties. That is the only reference I yield to the gentleman. services. point that I have.’’ And what he was Mr. ETHERIDGE. I thank the gen- This sounds good over the top of saying was fifties were bad, but 2007 is tleman for yielding. things, but it works out to be this: it worse. I remember when we went out to defies a current Federal law. In fact, it Mr. Speaker, as I close out tonight, I South Dakota and through Iowa and has to amend a current Federal law, a want to thank my colleagues for com- how tough it was when it was dry. I law that’s been defied by at least 10 ing and joining me to talk about this will always remember with my good States, and it’s a law that was in the issue, to call attention at the national friend, JERRY MORAN, we flew into Kan- 1996 Immigration Reform Act, spon- level because truly this is a problem of sas last year to do a hearing on the ag sored by now-ranking member of the national proportion. As the gentleman bill. Lo and behold, when we flew in, it Judiciary Committee, LAMAR SMITH of from North Carolina (Mr. PRICE) said, was raining like the dickens. I said, Texas. it may now only affect the Southeast, ‘‘JERRY, you have been talking about This legislation in 1996, current Fed- but it really is a national issue. It is how dry it has been for so long.’’ eral law, Mr. Speaker, prohibits a national in that we are all in this to- He said, ‘‘Yes, and all of a sudden we State and institutions of higher learn- gether, and it is national in that this got plenty of water.’’ Hopefully we will ing from granting residency in-state will ultimately affect the table of fami- get back there, but you do understand. tuition discounts, breaks on the costs lies across this country in one way or Thank you for your help. I think this is of the education, to students who are another, because if cotton production an issue where we have to pull together unlawfully present in the United is down, it will have an impact. And for and help. I thank you for your leader- States, that’s a nice word for illegal all of the fruits and vegetables, it will ship and help on the Agriculture Com- aliens, Mr. Speaker, unless those uni- have an impact. And soybeans and corn mittee, too. I appreciate that. versities and those States that set that over the long haul, because if you have Mr. KING of Iowa. And I thank you. policy grant that same tuition dis- to pay more for feed for pigs and poul- We will work together on this issue. count to all students who are lawfully try, it is reflected on the tables of There is nothing your producers can do present in the United States whereso- American consumers and people around when it doesn’t rain. Perhaps we can ever they might reside. the world. So let me just draw an example, Mr. Speaker, I trust we can get a bill have a hearing down there and it will being from Iowa. Let’s just say, for ex- through and I trust that ultimately the bring rain like it did in Kansas. ample, that there is a student that President will send us a request in one Mr. ETHERIDGE. That would be grows up on the east side of the Mis- of the supplementals where he is ask- great. Thank you. sissippi River and a resident of Illinois ing for additional money from this Mr. KING of Iowa. Mr. Speaker, I who wants to go to college at Iowa Congress. And if not, that we will put wanted to express those sentiments, it in and that he will sign it. That’s the but I come to the floor tonight to dis- State University. And if Iowa had the least that we can do for the people in cuss a different subject matter. DREAM Act as a policy, and they de- feated it in the State legislature a cou- this country who work hard every day, b 2045 who play by the rules, who are good ple or 3 years ago, actually let it die in The subject that I’ve chosen to dis- folks and deserve an opportunity to committee as I recall. But if that stu- cuss tonight is the Dream Act, and I do continue to do the things not only that dent who grows up and goes to a high so because a vote on cloture is sched- they love, but provide food and fiber school in Illinois, a resident of Illinois, uled on the floor of the United States for our tables. chooses to go to college at Iowa State, Senate tomorrow sometime, I believe, they will pay an out-of-state, non- f in the afternoon. resident tuition of about $16,000 a year; DREAM ACT IS AMERICAN The DREAM Act, Mr. Speaker, you and by the way, a resident of Iowa will NIGHTMARE will remember is an act that’s been pay about $6,000 a year. So not quite The SPEAKER pro tempore (Mr. pushed for several years here in the three times as high if you’re a non- MITCHELL). Under the Speaker’s an- United States Congress and also pushed resident student. nounced policy of January 18, 2007, the at the State level. What it is about, it And by anecdote, I can tell you that gentleman from Iowa (Mr. KING) is rec- is a bill with a wonderful name, and in California the numbers are compara- ognized for 60 minutes. once you read through it and think tively about $3,000 a year to go to Mr. KING of Iowa. Mr. Speaker, as al- about the ramifications, it’s not such a school at a California institution if ways, I very much appreciate the privi- wonderful bill. It has actually meant you’re a resident, and I believe it’s lege to address you here on the floor of the demise of a number of public fig- about $23,000 a year if you’re a non- the United States House of Representa- ures. People who have served in this resident. You pay that kind of pre- tives. Congress, people that have served in mium if you come from out of state to Having sat here and listened to the the State legislatures and people who go to school in-state. Each State sets discussion that was presented by our have aspired to serve in this Congress their own policies. These numbers gentlemen from the Carolinas and have found themselves enamored by aren’t hard; but, conceptually, they’re talking about the drought in the the wonderful name, the DREAM Act, accurate numbers, Mr. Speaker. Southeast, I am quite interested in the but also trapped up in and captured in So the out-of-state student, the non- map that they have laid out for us to the pitfalls of the reality of what’s be- resident student, pays a premium to go see. hind this DREAM Act. to college at an institution in a State

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28041 that they’re not a resident of. That’s vote on the DREAM Act. If they do status, lawful permanent residency been a longstanding practice so that that and the House should take up the here in the United States, a green card, the State can encourage, foster, and same bill and then the President and they’re going to school at an out- subsidize the education of their resi- should sign it, you will have illegal of-state institution, they have to pay dents in the hopes that they have high- aliens who will be sitting in desks in the out-of-state tuition rate. If some- ly educated students that will stay at the institutions of higher learning one comes in from Korea or Guatemala home and grow the economy of the within our States studying, going to or let’s say Russia, Poland, comes into State that pays the taxes to support college at the expense of the taxpayers the United States legally, student visa those institutions of higher learning. and at the expense of the Federal tax- or under a green card, maybe even in a But that’s a little too convoluted, payers because we do appropriate funds path to citizenship, and they have a Mr. Speaker. I’ll just say that States that go into these institutions. residency in New Jersey, they can’t go want to help their own residents. So As you know, Mr. Speaker, there are to school in New York with an in-state they’ve set these policies, and that’s only so many desks in a classroom. tuition discount, and they sure in the why it costs more money to be an out- There are only so many slots in our in- world can’t go to school in California of-state student going to school in an- stitutions of higher learning, and for $3,000 because they’ll be considered other State than it does to go to school that’s why we have admissions require- an out-of-state resident and they will in your own State, a longstanding ments. That’s why you apply and you be. practice. put in your grades and all of the other That’s the way it is for American The DREAM Act turns that all on its qualifications that are there, and very citizens, both naturally born and natu- head, and for illegal alien students who tough decisions are sometimes made by ralized. That’s the way it is for people have come into the United States in these universities to allow people to who have followed and respected and violation of the law, whom if ICE, Im- come in and study there or to cut them honored our immigration laws, wheth- migration and Customs Enforcement, out. er they’re on a student visa or whether were to be required to deliver this in- You will remember some high-profile they’re here on lawful permanent resi- state tuition discount, let’s call it a cases. For example, the affirmative ac- dency, a green card. They all have to voucher, it’s not, it’s a discount, but if tion cases at the University of Michi- follow the laws of this country, and they had to deliver it in the form of gan and at the University of Michigan they all have to pay the going rate check or a voucher and if ICE had to Law School. There are only so many that reflects their residency of their deliver that, Immigration and Customs desks that are available. Imagine State. And consider, Mr. Speaker, if you Enforcement, they would be compelled granting an in-state tuition discount will, consider the children of military to pick up that prospective student and to someone who came across the border families, whether or not they’ve lost a send them back to the country from and into the United States illegally parent in this global war on terror. which they came so that they could be and someone who is getting a $6,000 Those children move around a lot, and legally residing in their home country. education, when the student sitting in some of them don’t qualify necessarily That’s the law, Mr. Speaker, and the the desk right next to them is a United for the in-state tuition discount maybe Dream Act turns this on its head. It States citizen, naturalized or born in anywhere, and they would be paying a grants people who are here illegally, the United States, whose mother or fa- premium as a son or a daughter of our all the way up to age 30, if they will ther has served perhaps in Iraq or Af- military veterans, sitting next to a enter into a school and start their ghanistan, who has perhaps been killed desk of someone who before this act studies on a 2-year study program or if over there to defend our freedom, and would be passed today will be unlaw- they will go into the uniform services, that poor student without a father or a fully present in the United States, sub- not necessarily our armed services, mother has given their life for our free- ject to deportation who would end up then they get conditional residency or dom is paying out-of-state tuition getting a discount for the tuition. conditional legal status in the United prices to go to school at their preferred This is the bill, Mr. Speaker, that the States. And then, if they keep their institution, sitting in a desk next to Senate proposes to bring up tomorrow nose clean, they get a green card which someone who is unlawfully present in with their cloture vote; and if they is lawful, permanent residence, and it’s the United States and would be de- vote cloture, and we’ll have this debate about 5 years to citizenship. And the ported if it weren’t for this DREAM on the floor of the United States Sen- formerly illegal immigrants have ac- Act that grants them amnesty. ate, and you’re going to be able to, Mr. cess then to all the chain migration Now, that sets up a friction in this Speaker, look across over to the Sen- tools that anyone else has who comes society, Mr. Speaker, that’s illogical. ate and be able to evaluate the set of here legally for those who have re- It’s irrational. It rewards the wrong values that the United States Senate spected our laws. thing, and in the end, it would not be brings to the table and this set of val- Now, that means they can bring in tolerated by the public if they begin to ues that produces supercitizenship, their siblings. It means they can bring understand what this really means. superaccess to citizenship for illegals. in their children. It means they can The Department of Homeland Secu- I recall some of the debates that bring in their parents, and that whole rity, Michael Chertoff’s DHS, under we’ve had here on the floor of this chain migration can start over and this DREAM Act would not be able to House. Discussions and speeches, I over again. go in and use any of the records; and so should say, rather than debates; and I We had a chart that was put together if they want to protect this society, if recall how easy it is for some of the on the chain migration that comes they want to go in and apply the law, Members to look at this and conclude, with the policy that’s there that’s they can’t even look at the records well, this is the DREAM Act, and why called family reunification, and it that are there that are part of the data would we want to punish kids who are looks like about one legal immigrant that’s compiled to grant this superciti- simply here unlawfully? Can’t we give can bring in about 277 family members zenship to people who are eligible for them an education, and isn’t that a by the time you go out through the deportation. And I say supercitizen- better thing? Yes, if your view is that chain of the family tree. That would ship, Mr. Speaker, because this super- simplistic, Mr. Speaker, if that’s all also be true for an illegal immigrant citizenship path, by the way, grants the view is, isn’t it better for the kids who would be granted amnesty under more rights, special rights to illegal that would be beneficiaries of this? The the DREAM Act. aliens to go to school in our institu- answer is yes. So in-state tuition discounts, am- tions of higher learning at a tuition But we could grant in-state tuition nesty for illegal aliens, put this bill, discount. discount to every kid in this country, this bill that if the cloture as has been For example, if you have a legal and in my State it would cost several filed and if it successfully passes to- alien, someone who has applied for a hundred million dollars. The State leg- morrow, then the Senate will go to a student visa or has lawful, permanent islature is not willing to do that. The

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28042 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 current law is, if you grant that in- plan. Whatever your heart says, can we Amnesty, to define it for the benefit state tuition discount to students who just please engage our brains for a lit- of those who have heard a lot of dif- are illegal, then you grant that same tle bit and think about what this ferent definitions, the consistent defi- discount to everyone in the United means; what it means if we give in- nition of amnesty that addresses this is States, wherever their residency might State tuition discounts to people who the definition that we have used in the be. And so all of those students that are unlawfully present in the United Judiciary Committee over and over are paying out-of-state tuition, that States, those who, as I said earlier, if again. In our debates as we mark up $16,000 in Iowa, would end up getting ICE, Immigrations and Customs En- immigration bills, in our hearings as the $6,000 annual education as opposed forcement, had to deliver the paper- we cross-examine the witnesses on im- to the $16,000 education. A $10,000 pre- work that said here is your tuition dis- migration, to grant amnesty is to par- mium that’s there that’s levied against count, they would be compelled to pick don immigration lawbreakers and re- all of those students that come from these students up and send them home ward them with the objective of their other places around the country and again. Some of these students up to the crimes, to pardon immigration the world would all be level down to age of 30 are taking advantage of the lawbreakers and reward them with the $6,000. soft heart of Americans. objectives of their crimes. That’s am- They can do that today if they So extend this on out, what’s the mo- nesty. That’s what the DREAM Act choose, Mr. Speaker; but they will not tive? Some is driven by the churches, I does. That’s what’s moving, that’s do that because the boards of regents understand. I appreciate the ministry what’s cooking, that’s what is shaking and the State legislatures across this that they provide. You know, I am a over in the Senate. land don’t want to take the financial strong proponent and adherent to the By the way, the beneficiaries of this hit. They don’t want to level the pre- values that come from our churches act don’t have to finish their college mium. They don’t want to give this and the good movements in America education. All they have to do is en- kind of benefit to all American citi- that come from the pulpit. But if the gage in it for a couple of years. That zens. They don’t want to give this kind churches from America believe that we starts the ball rolling. As I said earlier, of benefit to the sons and daughters of should be providing in-State tuition they don’t have to serve in the mili- our military. They don’t want to give discounts for those people that the law tary; they just have to serve in the uni- this benefit to those who are legally says need to be sent home, can you formed services. There are many holes emigrating here into the United please pass the collection plate. Don’t in this act. States. And they don’t want to give come here to Congress and ask that we Let me take this, if I can, back to an- this benefit to those who are on a path squeeze that out of the sweat of the other subject matter that’s associated to citizenship here in the United States taxpayers, because they are the ones in with this, and that’s the subject matter provided they’re not residents of the the end that pay the price, and the that also threatens to find its way into institution in question. American citizens that won’t have a legislation that we expect will be mov- No, sir, Mr. Speaker. This is all about desk in a classroom, because that desk ing in the United States Senate, and special right, special treatment for is already filled by somebody who gets that’s AgJOBS. AgJOBS is a bill that people, for students that are unlaw- a cheaper rate than they can get. grants amnesty to people that are un- fully here; and the numbers break out There is only so much room. There lawfully here that are working in the to be something like this. A million, are only so many benefits. We can help agriculture industry, people that are more, we don’t know. There’s not a cap in the foreign countries better than we picking lettuce, as Senator MCCAIN has on it, but the best estimates say more can open our doors here for an unlim- so well illustrated. And the AgJOBS than a million; and we know that when ited amount of people coming in. When bill says if you have been here for 5 you grant benefits, it attracts more we undermine the integrity of our im- years and you apply under this people. And there will be people that migrations system, when we do so, we AgJOBS, we will grant you a lawful will come into the United States ille- take away the options that are con- status here in the United States. That gally and present themselves to go to stitutionally bestowed upon this Con- also is amnesty. college at a tuition discount, and they gress. The Constitution directs us to The AgJOBS bill that looks like it’s will say, oh, yes, I’ve been here that 5 set the immigration policy here. most likely to emerge in the United years or so that the Senate bill re- I recognize that we have a legal and States Senate gives a path to citizen- quires that I’m here; and by the way, I appropriate right to deal with acts like ship, provides immediate lawful pres- have these falsified utility bills and the DREAM Act. We ought to shoot it ence here in the United States, a path rent canceled checks and things of that down. We ought to vote it down. We to citizenship, a reward to immigration nature that say that I’ve been here so should defeat it. We should not let it lawbreakers, a pardon to immigration I meet the minimum standards. Give slide its insidious policy across the lawbreakers and the reward of the ob- me that tuition discount, too. halls here between the Senate and the jective of their crime, which is, we pre- That’s the view and the strategy, the House of Representatives. It should not sume, in most cases their objective was special extra citizenship rights that be passed. to get jobs here in the United States. come with it for more than a million In fact, the Senate has three times I would point out that the low-skilled people. And we know also, Mr. Speaker, here in the 110th Congress, three times jobs here in the United States have the that whenever you open the door up just this year, voted to defeat the highest level of unemployment. It’s not and you count the numbers, the num- DREAM Act because they understood the other way around. There is no sta- bers get greater, not smaller. Ronald the political repercussions from the tistical data that supports that this Reagan said, what you tax you get less American people who understood what country is starved for low-skilled of; what you subsidize you get more of. amnesty is. This bill grants amnesty. workers. And we are here talking about open- This bill says, it says that if you are When we look at the low-skilled ing the door to subsidizing signifi- here unlawfully, if you are subject to workers, the unemployment rates go cantly a two-thirds discount, a 66 or 67 deportation, but if you apply for this over 10 percent, well over 10 percent. percent discount, on college tuition for DREAM Act and apply to go to school, American citizens are being bumped people who are eligible for deportation. under a super discount, we will give from jobs, those jobs. Low-skilled, you conditional lawful status here in undereducated American citizens who b 2100 the United States. That’s amnesty. It’s were born here and naturalized here I think it’s breathtaking how far also a path to citizenship, and it opens are being bumped from those jobs by il- they are seeking to reach over in the the door for family reunification, the legal aliens who are taking those jobs United States Senate. I think the peo- chain migration that we talk about. It cheaper. ple understand this. I think they un- does all of those things. That’s am- Of course they can. In fact, they have derstand that this is a super amnesty nesty. to, because some of the job market

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28043 they can’t compete in, in the legiti- muddy, a little dusty. They are like an and hundreds of years. It hasn’t moved mate part of the job market. So they accordion in a manilla envelope. an inch. all come in and work cheaper, but on I take those out and look through Same kind of thing down through the other hand they don’t have the risk them. Check stub after check stub, not those rows of cotton, chopping cotton of liabilities that go along with steady a dollar withheld for Federal income with a hoe. That’s what’s going on employment like a citizen does with a tax, not a dollar withheld for State in- from the same operation where you regular address who has the obligations come tax. Of course, the payroll tax have a man who is a very modern per- to make their contributions to the has been paid. At least the names are son with the most modern equipment Federal Government, to the State gov- not on those check stubs, and I don’t in the upper Midwest who markets his ernment and to the local government. recall if there are Social Security num- grain and does his purchases, very, It’s not to say that many of the bers on them. That’s the kind of thing very astute, on the Internet, profes- illegals don’t pay taxes, but here is that’s going on all over the country. sional in his field, very well respected, where it comes to me this way. Some- The taxes that are paid from sales active in the professions that had to do one who presents a Social Security tax, the contributions that go to prop- with the ag industry. But when the ec- number, that’s often someone else’s, erty tax, yes, there is a tax contribu- onomics dictate that you can hire 96 and sometimes it’s just a made-up tion, but there is a tax evasion that’s people with a hoe for $3 to $4 a day and number. They then have been consist- there, and it’s obvious. To turn in no- it’s cheaper than putting a machine ently hired to go to work through a match Social Security numbers and go out in the field where you put a man on number of different professions; most, I to work under those standards is a the machine and you buy the fuel and will say, many of the professions. They standard practice. The AgJOBS compo- provide the repairs and you have to will often record the maximum number nent of this is amnesty. It does grant a buy some spray in order to kill the of dependents with the H.R. team pardon to immigration lawbreakers, weeds in that cotton, when the math that’s there for the company so that and it does reward them with the ob- works out that stoop labor is cheaper they get the highest amount of take- jective of their crime, and it rewards than mechanized labor, that tells you home pay and the least amount taken an industry that’s grown more and something about what happens when out for their Federal and their State more dependent upon illegal labor. labor is cheap. It slows the growth of income tax in the States that have in- You know, I understand that when our society. It slows the development come tax, and that’s almost all. you have got a crop in the field, you of our society. It inhibits the develop- If you have someone come in, and need to get that crop out. When you ment of our technology and puts us in let’s just say they are making $10 an plan for this, you have to also plan for a situation where we actually de-adopt hour, and let’s say it’s 40 hours a week, the labor. I also recognize that there the technology. You park the 16-row and it’s simple math, and I am just has been a growth in the labor-inten- planter, that’s only figuratively speak- doing it as I stand here, so that’s $400 sive agriculture in this country, be- ing, and you put the people in the field a week. The withholding that would be cause there has been an easy and a with the hoe. That’s literally hap- there for the State taxes at $400 and for steady and a ready supply of cheap, il- pening. It’s not just happening there; it’s happening on thousands and thou- the Federal tax at $400 a week, if you legal labor to come in and do that work sands of farms in the areas in the world would claim a number of dependents, in the fields. So it’s inhibited us from where labor is cheap. developing the machinery that we let’s just say six or seven or eight, you Our idea here in the United States is might otherwise develop to more me- are already in the category at that we don’t have enough cheap labor. I kind of wage where you wouldn’t have chanically plant the crop and harvest would look back through history and any withholding for Federal income the crop and maintain that crop during challenge anywhere over here on the tax, you wouldn’t have any with- the growing season and to transport it. other side of the aisle to rise and ask if If the labor is cheap, you are not holding for State income tax. You I will yield, I would be happy to yield, would still have to pay the payroll tax, going to develop those things, you are if you can give me an example, if you Social Security, Medicare, Medicaid. not going to do the bioengineering that can give me a single example of a soci- That gets sacrificed to the no-match has been done with the tomato plant ety, a culture or a nation that has Social Security file, of which there are that makes it mechanically harvest- failed or collapsed due to a lack of hundreds of thousands of no-match So- able. I can make a more clear example cheap labor. I would submit it’s the cial Security numbers on record. The that would be something like this. other way around. Societies have been deposits that go in on those keep grow- I have a constituent, whom I have undermined from within because they ing in the Social Security trust fund. great respect for, that is a very modern didn’t have enough higher education or Now, that’s a whole different speech, agriculture producer. I believe he has technological background to keep up but the sacrifice is made on the part of at least a 16-row planter that he puts the paces or keep up with the times. those illegals who are working on an the crop in with in my part of the If you look at the States that are assumed Social Security number, not country. I also understand that he has highly educated and highly skilled. their own, obviously. They sacrifice bought land in Brazil where they raise They have the highest income, the the payroll taxes, Social Security, cotton and soybeans. When I ask what highest average income. They have the Medicare and Medicaid because it’s kinds of chemicals he uses to control highest household income. They are cheaper to do that and it’s possible to the weeds in the cotton, he says, ‘‘I the most prosperous people. And this do that. don’t use any.’’ I said, ‘‘Well, how can Nation should be about raising the av- Their take-home pay is their gross you raise cotton without herbicide?’’ erage annual productivity of its people. earnings minus the payroll tax, Social Well, he says, ‘‘I have 96 people, each So one might submit, what are we Security, Medicare and Medicaid, 15 with a hoe, that go down through the going to do for the labor, how are we percent of that, half of that, and the rows of cotton that hoe that cotton. going to harvest, how are we going to employer matches the other half, but When they get down to the other end, harvest that lettuce if we don’t have no withholding for Federal and for they turn around and they come back enough people who are willing to go State. to the field in a different row.’’ Ninety- down and pick that lettuce? How are I get from the parking lot of some six people paid $3 a day cultivate that we going to do the celery? How are we the companies that I represent the cotton with a hoe. doing to go into the peppers, the straw- check stubs from these workers. Amer- Now, the only thing that has changed berries, the tomatoes? We have that a icans will pick them up off the parking in that technique since the dawn of ag- little more mechanized now. How do we lot where they get torn off and left in ricultural time was we have a metal do all of that? the wind to blow. I have manila enve- hoe instead of perhaps a bone or a If everyone woke up tomorrow morn- lopes full of these that have been kind wooden hoe. That technology that has ing in the country where they can le- of crinkled up, walked on, a little been there has been there for hundreds gally reside, not ICE doing their job,

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28044 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 but if just miraculously that magic economically if we don’t have that 12 tion. If we did all of our work in this wand, poof, caused that to happen to 20 million people to do this work country in an 8-hour day instead of a where Michael Chertoff didn’t have that ‘‘Americans’’ won’t do. All work 24-hour day, that’s 11 minutes out of 8 that job any longer of providing the Americans will do, and there’s not a hours. And if it’s a 24-hour day, you’ve transportation to send people to a legal job in this country you can’t find an got about a little over 3 minutes out of country, if that happened, what would American doing it. Americans are each shift is all that it amounts to. then happen to the economy of this Na- doing all kinds of work in this country. I can’t be convinced, Mr. Speaker, tion? But here’s the magnitude, and that that this economy would come to a is, there are 6.9 million working screeching halt if that happened to b 2115 illegals, by the statistics that are put gradually drift away from us because And I hear scare stories coming out out by the people that do this analysis. the administration began gradually en- of the Wall Street Journal, out of Wall That’s 6.9 million out of about 12 mil- forcing the law. I can’t think that it’s Street, out of, I don’t know how to de- lion. That’s the standard numbers a cataclysmic event that would be, scribe the words here, kind of a nou- we’ve been working with. I think it’s that would come falling down on this veau aristocracy in America that more than 20 million, but this propor- economy. I can’t think it would slow us seems to think somehow they have a tion works out in any case. down. I believe, Mr. Speaker that we birthright to cheap labor and a birth- Out of the 6.9 million working would recover in a heartbeat from that right to somebody to take care of their illegals, that’s part of, that’s 4.7 per- kind of a transition. lawn and their garden and their man- cent of a work force that is 142 million. And that’s presuming, Mr. Speaker, sions, and that they will raise their So 4.7 percent of 142 million, and if you that that 2.2 percent of the work force children in a gated community and do the math I think it comes out to 6.9 that’s being done by illegal labor is all send them off to an Ivy League school, million. That’s how many working essential work. And if we look across and so they’ll never really be burdened illegals we have. Okay. That represents at some of that work, some people are by this growth of the lower class that 4.7 percent of the work force. But taking care of lawns. Some garden. they are promoting, and they think they’re only doing 2.2 percent of the Some are cleaning the houses. There’s they have a birthright to that. work, Mr. Speaker, because we meas- work out there that we could find a But I would submit this: That’s not ure the annual output under the gross way to recover from. Like somebody what America is about, Mr. Speaker. domestic product of our workers. said to me, oh you want to enforce a The strength of America has been an And because those who are here un- law, but who is going to flip your ever-broadening middle class, a middle lawfully working in this economy are, steak? Who’s going to cut your grass? class that’s ever been more and more on average, lower educated and lower Well, Mr. Speaker, I cut my own grass, prosperous. We don’t want to shrink skilled, their production, even though and I flip most of my own steaks, and this middle class. We don’t want to they’re 4.7 percent of the work force, is if I had to flip every one of my steaks suppress their growth and their im- only 2.2 percent of the work, Mr. to preserve the rule of law in America, provement. We want to broaden the Speaker. And so if you have a work I’d be very happy to do that. middle class and we want to lift it up. force that’s doing 2.2 percent of the That’s really the essential pillar here And by the way, we don’t want to ex- work, and let’s just say it’s a factory that we’re talking about with the im- pand the middle class, Mr. Speaker, that has 1,000 people in it, everybody migration issue in the United States, from the ranks of the upper middle working diligently, and that factory and that is, what are you willing to do class. We want to expand the middle does all their work in an 8-hour day, to preserve the most essential pillar of class from the ranks of the lower class. and you went to work as the CEO at American exceptionalism, the rule of But for the first time in the memories 7:30 in the morning, sat down at your law? Are you willing to cut your own of living Americans today, and maybe desk, and a memo hit your desk that grass? Are you willing to flip your own for the first time in the history of this said you’re going to lose 2.2 percent of steaks? Are you willing to shorten your country, we are seeing the lower class your work force today, they’re not coffee break up for a little while, by 51⁄2 expand, the middle class shrink and the showing up. minutes, morning and afternoon, or 3 aspirations of middle-class Americans Now, say that’s at 7:30, and yet you minutes a shift out of a 3-shift day if diminish. need to meet your production quota by you’re working 24/7? Are you willing to Now, if we look at young people that 5:00 that night when everybody clocks do those things? Would you notice the grow up in Middle America that decide out. They clock in at 8. They clock out difference if you didn’t? Would the non- a college education is not for me, I just at 5. They need to get 1,000 widgets essential work in the United States want to get my high school degree and made that day, and you have to figure shrink if we didn’t have economical il- go to work at the plant, punch the out how you’re going to solve that legal labor to do that work? clock and earn a pretty good wage, problem as a CEO when 2.2 percent of Mr. Speaker, if you bring me 100 peo- maybe earn a living wage, and go home your work doesn’t show up. And I’ll ple that will work for a dollar an hour, and take care of my family, my kids, submit, here’s the answer. Any CEO I guarantee you I can figure out a way play ball with the kids, cut the grass, can figure this out easily. They’d sit to make a living with that. I can find go fishing, take time off on the week- down and do the math and say, well, a way to put them to work where ends and live this life of this American we’ve got to get our production up. So they’re going to return four, five or six Dream, buy a modest house and pay for people aren’t going to show up till 8:00, or seven or $8 an hour to me. And so it, send the kids to college if they want that’s all right. When they get here at the cheaper labor gets, the more de- to go. Does any child that gets that 8:00 we’re going to let them know that mand there is. And yet we have people high school degree and doesn’t aspire we’re going to cut their coffee break in that are considered otherwise to be to a higher education have a hope of the morning by 51⁄2 minutes. We’re wise, economic gurus who seem to, being able to do those things in today’s going to cut their coffee break in the well, I will say just flat advocate that economy, Mr. Speaker? And I’ll argue, afternoon by 51⁄2 minutes. That adds up we should set the immigration flow it can be done. It’s unlikely that it will to 11 minutes out of the 8-hour day; 11 into the United States, legalize all of happen, because the wages of the lower minutes out of an 8-hour day is 2.2 per- those who would want to come here, le- skilled and lower educated have been cent of the overall day. galize every willing traveler, Mr. so suppressed by the ranks of illegals And so the illegal work force in Speaker, as long as there’s a demand and unskilled lower skilled illegals who America, if you look at the United for their labor. have come into this economy. States as one huge macrocompany, and And I will submit that the more And I’m hearing from the people on if that work force just stopped pro- labor there is, the lower the price will Wall Street and in the Wall Street ducing for that day, you would be los- be. The lower the price there is, the Journal that this country can’t survive ing 2.2 percent of that day’s produc- more demand there will be. Labor, Mr.

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28045 Speaker, is a commodity like any other tact with the rule of law with respect But the DREAM Act is a bad bill that commodity in that the value of it is de- for the rule of law, but one that was ac- grants amnesty for a million or more termined by supply and demand in the tually strengthened by their adherence people that would do the chain migra- marketplace. Labor is a commodity. and respect for the rules and for the tion for their families, attract more, Corn, beans, gold, oats, crude oil, you law. and more would be signed up. name it, Mr. Speaker, you name it, And here we are, in my opinion, the b 2130 they’re all commodities. And the value central pillar of American excep- of those commodities are determined tionalism is the rule of law. If we don’t By the way, there is no cap on this. by supply and demand in the market- respect the laws of this country, then There is no deadline. The way this bill place. Corn’s up, beans are up. Can’t what foundation have we? is written, applications for in-State get the cotton out of the field, I heard And I will always make the argument tuition discounts, special super citizen- in the previous Special Order. It’s not that our rights come from God, and ship rights for illegal aliens goes on worth bringing it out I guess if the that they’re passed through the hands and on. It never ends. It isn’t that just price is that low, according to Mr. and the minds of our Founding Fathers the people that are here right now who, I believe, were guided, they were SPRATT. But the value of labor will be today, but it’s the people that would determined by the supply and demand, guided by God to put down for us the forever apply. So the number clearly is what the market will bear. parameters of this free Nation to be a over a million. And 2 million, 3 million, And so if we flood this economy with guiding light for the freedom for the 5 million, we know how these things world. And who are we to trail in the 1 low-skilled labor, as we have, we will go. It always gets out of hand. It’s 1 ⁄2 see unemployment rates in the lower- dust the golden hopes of men if we million under AgJOBS, those who have skilled ranks, the lower-skilled jobs go aren’t willing to defend this rule of been working illegally in our fields. law, this rule of law that preserves our 1 up, as we have. Unemployment rates of But that 1 ⁄2 million is for starters and over 10 percent in some of the lowest- property rights, our freedom of speech, it goes on and on. And when we get to skilled jobs. Those rates go up. And religion, press, assembly, all of the the full amnesty package that the Sen- freedom from double jeopardy and the that shouldn’t be a surprise to any of ate three times has voted down now list of all of those rights that were in us. and now wants to give us the compo- But it might be a surprise to some of the Bill of Rights. Who are we to trail nents of their amnesty plan, their com- the elitists who have a different view of that all in the dust because what, be- prehensive amnesty bill, one bitter pill this country than I have. I grew up in cause we have an emotion that over- at a time, things that have bad bills Middle America, small town and rural comes our intellect, because we’ve sev- with good names, slip them to us one America, a place where we understand ered ourselves from the thing that at a time, put them in a package into we’ve inherited from the Greeks, the the value of hard work, a place where the Senate and send them over there in age of reason. our parents, our grandparents, our an- a must-pass bill. Plan that strategy, We’ve lost our reason and lost our and as this amnesty number grows cestors, if they were here in this coun- way if we believe that a good name for from a million under the DREAM Act, try long enough, goes back always to a bad bill supersedes the rule of law. 11⁄2 million under the AgJOBS piece to drive a stake out in the ground and The DREAM Act is a good name. I wish the next component and the next com- homestead the land and make your liv- I’d thought of that. I’d have stuck it on ponent and the next component of am- ing out of that and start your business something too, only it would have been nesty, and we end up granting, as the and grow your community and your a good bill underneath the title. This is family and your churches and work not a good bill under the DREAM Act. Senate advocated, a comprehensive with your neighborhoods and make This is a bill that directly undermines amnesty plan to not 6.9 million or 12 this place a better place than it was the rule of law. It rewards law break- million, but everyone who is here ille- when you came, and earn that with the ers, Mr. Speaker, and when we do that, gally right now. That number some say sweat of your brow, and work hard, but we can’t hope to sustain the rule of law is 12 million. I think it is more than 20 work smart and build for the future in America any longer. If we have 12 million. We grant amnesty to them, generations. million, 20 million people who are and they will do as those recipients of That’s the roots that I represent granted amnesty, maybe under the the 1986 amnesty bill did. They will be from the middle part of America. We DREAM Act it’s only a million for the strongest advocates for another respect hard work. We respect honesty. starters. That will grow, and the chain amnesty plan. We respect integrity. We respect the migration will grow from that, and And if you will notice, no one here in values of faith and family. And yet we your one million could conceivably and the House of Representatives, Mr. are sons and daughters of immigrants. I don’t think literally it could happen Speaker, and no one over across the And, in fact, I remember walking into but it could conceivably go out to more Rotunda to the United States Senate a community building in one of the than 200 million. has said, well, this comprehensive am- small towns that I represent, and this That’s how the stats map it out. And nesty plan is an amnesty to end all am- is a very German community. There we know that’s pretty unlikely that it nesties. They haven’t said that. First, were about 400 to 450 people in there for would go that far. But if it’s one mil- they are still in denial about it being a benefit auction for a friend of mine. lion people going to 2 million or 3 mil- amnesty, and yet not one of them will And I began to ask the question, how lion under the DREAM Act and we define amnesty unless they have found many people in here grew up in a Ger- grant amnesty there, and then we have a way to define it around where their man-speaking home or else their par- the AgJOBS component of this that bill is exempted, but it isn’t an objec- ents did? It was almost everyone in grants amnesty to people who are here tive definition. They won’t stand up that building, and yet they fly the flag, illegally, working illegally for about and tell you to grant amnesty is to they are some of the most self-sacri- 1.5 million for starters, and then, we pardon immigration lawbreakers and ficing patriots this country has pro- work with this myopic idea that if reward them with the objective of their duced. They understand these Amer- there’s a demand, that must indicate crimes. But those 12 or 20 million ican values and they understand the how many we need, even though the would be advocating the same way that rule of law. They came here legally. more cheap labor you have, the more the 1 million who were to be the recipi- They have great pride that they have demand there will be for more cheap ents of the amnesty to end all amnes- adapted themselves to the American and cheaper labor. And it makes a sim- ties in 1986 that turned out to be more society and culture and prospered and ple economic equation. The unions like 3 million who were the recipients handed to their children and their used to understand this, Mr. Speaker. of the 1986 amnesty. They were advo- grandchildren the things they dreamed They used to understand that they cates of more amnesty. They say, well, for their children and grandchildren, wanted a tight labor supply. And so I’ll that’s been good for me and it’s been but in a society that was not just in- go back to that. good for my family, so we need more of

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28046 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 that. And all of them who advocate for stay in France during the Age of En- we can’t confront these issues with our more amnesty are undermining the lightenment. And as the Western civili- minds, with our reason, with our data, rule of law. zation, the core of it, the dynamic because with that data we can see And they are a smaller number by moving force rolled out from France in where this can take us. comparison. It started out by being 1 the Age of Enlightenment over into the The DREAM Act, the act that grants million. It turned out to be 3 million or United States and arrived here at a in-State tuition discount to people who more. The 2 million difference was time when we had a continent that was are eligible for deportation. Now, I just mostly fraud, counterfeit documents, just begging to be settled, full of nat- cannot rationally get to a conclusion people that came in here and took ad- ural resources, and a free enterprise that that is the best way that we can vantage of the sympathetic nature of economy with property rights and low spend taxpayers’ money or send a mes- the American people. And so with 3 and sometimes no taxation and low and sage to the broader society. I believe million advocates for amnesty, 2 mil- often no regulation, and we had a peo- we need to adhere to the rule of law. I lion of them beneficiaries of fraud, and ple that set about the manifest destiny believe we need to stand on the rule of 1 million were actually the target of to settle this continent from the Atlan- law, and we need to enforce the rule of the 1986 amnesty bill that Ronald tic to the Pacific ocean and did so in law. And it needs to be respected by Reagan at least had enough integrity record time, in an historical blink of the States, the States like California to declare it to be the amnesty bill to an eye. We were able to do many of and Kansas and about eight others who end all amnesties, they have been advo- those things because we had also have decided to defy the Federal law cates for more amnesty. learned the talents and the skills and and grant in-State tuition discounts to Imagine what 20 million beneficiaries had built within our culture that abil- illegals within their State institutions of an amnesty would be. A mass lob- ity to deductively reason. but charge out-of-State tuition pre- bying group for family reunification, And today we have people who miums to the residents of other States chain migration. Bring in your unlim- emote, people who feel. We have col- who might want to go to UC Berkeley ited number of family members di- lege professors who teach their stu- or the University of Kansas or a num- rectly in here under that path and then dents never say anything except ‘‘I ber of other schools within those two have them all. Not just those who re- feel’’ or you can say ‘‘I believe,’’ but if States and eight other States that are ceived amnesty but those who were you say ‘‘I think this,’’ your thoughts defying Federal law. And we are still beneficiaries of the chain migration can be challenged, but your feelings taking this through the courts. And from those who received amnesty. cannot. So I feel, and then someone the DREAM Act, Mr. Speaker, invali- They turn into the tens of millions and will tell you I feel we should pass the dates all lawsuits that have been perhaps more, maybe more than 100 DREAM Act. I feel we should pass brought forward to enforce the Federal million and on up who have little re- AgJOBS because I feel for the bene- law which establishes the requirement spect for the rule of law, who have been ficiaries of this program. And, by the that these States grant the same tui- rewarded for breaking the law, who way, I feel that we need more cheap tion discount to residents of other have now come to believe that if a law labor in this country, and I feel that States that they might to illegal aliens is inconvenient and enough other peo- food would be more expensive, and I in the desks in their own schools in ple don’t respect and honor that law, feel that there is work Americans their own States. eventually Congress will capitulate and won’t do, and I feel we ought to bring AgJOBS, another amnesty plan. change the law to accommodate your people in here or those who came here AgJOBS says if you worked in this behavior. in here and legalize them because they country and worked in agriculture, That is no kind of a Nation to have; will do the work that Americans won’t worked for the preponderance of, and not when you have a Nation like this do. So in the end, even though there that is my word, not the bill’s word, 5 Nation, the unchallenged greatest Na- isn’t any data out here that supports years, we are going to grant you provi- tion in the world. We are beneficiaries my irrational feelings, I just feel this, sional legal status here in the United of the sacrifice and the vision of our and therefore you ought to follow my States. Legal status under the DREAM Founding Fathers, and we are charged feelings. Act, legal status under the AgJOBS with defending those values and hand- How can a Nation, Mr. Speaker, how act. You add them up, and by their ing this country over to the next gen- can a Nation meet the challenges of numbers, that’s 21⁄2 million who get eration in better condition than when this global, modern 21st Century if we amnesty. They won’t call it amnesty, we found it. Not worse. Not digressing are going to be guided by these feelings obviously, Mr. Speaker. But we know into anarchy where the law is that trump rational thought and em- those numbers would be significantly disrespected and where it has no value pirical data? larger. and no teeth. Not turning us into a I will submit, Mr. Speaker, that one And then when one grants the special class envy society. Not turning us into of the foundations, one of the pillars of status, the special conditional legal a society where we are pitted against American exceptionalism, the central residence in the United States to these each other, a society of victimology. pillar is the rule of law, but one of the people, what’s the argument to deny it Not that. Not a society where we point pillars is this culture, this unique to anyone else? What’s the argument our finger at people and call them American culture was the recipient of to deny a reward of the objective of names rather than make an empirical the work of the Age of Reason from the their crimes to all who have broken argument. We need to be rational Greeks and a recipient of the enlight- immigration laws except perhaps those human beings. We’re the beneficiaries enment from Western Europe and pri- who are convicted felons and those who of the Age of Reason in Greece where marily from France that came here at have conducted themselves in other- they actually built a culture around the dawn of the Industrial Revolution wise abhorrent fashion? the idea that they could think ration- with all the natural resources. And we This is irrational, Mr. Speaker. The ally and connect their thoughts in a ra- grew this Nation, yes, on a Christian- American people often don’t under- tional fashion and defend the conclu- Judeo foundation, a work ethic, called stand what this legislation is. That’s sions that they had drawn by the se- a Protestant work ethic until they why there is such a concerted effort to quence of the deductive reasoning that found out that Catholics did pretty strategize on how we name a bill here got them there. That is a foundation well with that work ethic too. We un- in this Congress, how this bill is for our science, the theorem, the derstand some of the things that made named, because that is all that people hypotheses, a number of other ap- this a great Nation. But letting our hear is the name of the bill. They don’t proaches to Western thought that was feelings rule our thoughts is not one of get to read it. Most Members don’t founded in the Greek society 2 and 3,000 those pillars of American read the legislation that comes years ago that found its way across exceptionalism. That is an example of through this place. But the public through Europe and had a pretty good American intellectual weakness, that doesn’t read the bill, and if they did,

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 28047 they don’t really have the opportunity (The following Members (at the re- 3827. A letter from the Assistant Secretary to examine the components of it. So to quest of Mr. WALDEN of Oregon) to re- for Legislative Affairs, Department of State, critique the legislation, they have to vise and extend their remarks and in- transmitting pursuant to section 3(d) of the rely on somebody else. So the practice clude extraneous material:) Arms Export Control Act, certification re- garding the proposed transfer of major de- is give it a nice sounding name, and Mr. FLAKE, for 5 minutes, today. fense equipment from the Government of then when I do my press conferences Mr. RYAN of Wisconsin, for 5 minutes, Thailand (Transmittal No. RSAT-03-07); to and talk to the press, they will ask me, today. the Committee on Foreign Affairs. Here’s a list of one, two, three, four, Mr. POE, for 5 minutes, October 30. 3828. A letter from the Assistant Secretary five really nice sounding pieces of leg- Mr. DAVIS of Kentucky, for 5 min- for Legislative Affairs, Department of State, islation. You voted against all five of utes, October 25. transmitting pursuant to section 36(c) of the them, Mr. KING. Why did you do that? Mr. JONES of North Carolina, for 5 Arms Export Control Act, certification of a And my answer is it is a nice sounding minutes, October 30. proposed license for the export of defense ar- ticles and services to the Republic of Korea title, but it is a horrible bill. And you Mr. BILIRAKIS, for 5 minutes, October (Transmittal No. DDTC 087-07); to the Com- will see that happen often, especially 24. mittee on Foreign Affairs. since the gavels have changed hands in f 3829. A letter from the Assistant Secretary here in the 110th Congress, Mr. Speak- for Legislative Affairs, Department of State, er. BILL PRESENTED TO THE transmitting pursuant to section 36(c) of the So I reiterate to you and to the peo- PRESIDENT Arms Export Control Act, certification of a ple that are overhearing this conversa- Lorraine C. Miller, Clerk of the proposed license for the export of defense ar- tion that we must draw the line. We House reports that on October 23, 2007, ticles and services to the Governments of Denmark, the Netherlands, and Belgium need to pick up the phones and call the she presented to the President of the United States, for his approval, the fol- (Transmittal No. DDTC 052-07); to the Com- United States Senate again. We need to mittee on Foreign Affairs. shut down their telephones in the lowing bill. 3830. A letter from the Assistant Secretary switchboards in the United States Sen- H.R. 1495. Water Resources Development for Legislative Affairs, Department of State, ate and tell them we don’t want a Act of 2007. transmitting pursuant to section 36(c) of the DREAM Act. We need that killed in the f Arms Export Control Act, certification of a proposed license for the export of defense ar- United States Senate. We need to cease ADJOURNMENT this amnesty. We need to preserve the ticles and services to the Government of Mr. KING of Iowa. Mr. Speaker, I Japan (Transmittal No. DDTC 080-07); to the central pillar of American Committee on Foreign Affairs. exceptionalism, the rule of law. move that the House do now adjourn. The motion was agreed to; accord- 3831. A letter from the Assistant Secretary f for Legislative Affairs, Department of State, ingly (at 9 o’clock and 43 minutes LEAVE OF ABSENCE transmitting pursuant to section 36(d) of the p.m.), the House adjourned until to- Arms Export Control Act, certification re- By unanimous consent, leave of ab- morrow, Wednesday, October 24, 2007, garding the proposed license for the manu- sence was granted to: at 10 a.m. facture of defense equipment to the Govern- Mr. REYES (at the request of Mr. f ment of Australia (Transmittal No. DDTC HOYER) for today and October 22 on ac- 050-07); to the Committee on Foreign Affairs. EXECUTIVE COMMUNICATIONS, count of a death in the family. 3832. A letter from the Secretary, Depart- ETC. ment of Transportation, transmitting the Mr. POE (at the request of Mr. Under clause 8 of rule XII, executive Semiannual Report of the Office of Inspector BOEHNER) for today until 2 p.m. on ac- General for the period ending March 31, 2007, count of official business. communications were taken from the pursuant to 5 U.S.C. app. (Insp. Gen. Act) Mr. YOUNG of Florida (at the request Speaker’s table and referred as follows: section 5(b); to the Committee on Oversight of Mr. BOEHNER) for today until 4 p.m. 3823. A letter from the Deputy Under Sec- and Government Reform. on account of family illness. retary for Logistics and Material Readiness, 3833. A letter from the White House Liai- f Department of Defense, transmitting a re- son, Department of Justice, transmitting a port on the Deprtment’s Program for Plan- report pursuant to the Federal Vacancies Re- SPECIAL ORDERS GRANTED ning, Managing, and Accounting for Civilian form Act of 1998; to the Committee on Over- By unanimous consent, permission to Contractor Services and Contractor Per- sight and Government Reform. address the House, following the legis- sonnel during Contingency Operations, pur- 3834. A letter from the Assistant Secretary suant to Public Law 109-364, section 815; to for Administration and Management, De- lative program and any special orders the Committee on Armed Services. partment of Labor, transmitting a report heretofore entered, was granted to: 3824. A letter from the Assistant Secretary pursuant to the Federal Vacancies Reform (The following Members (at the re- for Reserve Affairs, Department of Defense, Act of 1998; to the Committee on Oversight quest of Mr. SARBANES) to revise and transmitting an interim report on the activi- and Government Reform. extend their remarks and include ex- ties of a working group tasked with identi- 3835. A letter from the Assisant Secretary traneous material:) fying the needs of National Guard and Re- for Administration and Management, De- Mr. CUMMINGS, for 5 minutes, today. serve Members Returning From Deployment partment of Labor, transmitting a report Ms. KILPATRICK, for 5 minutes, today. In Operation Iraqi Freedom or Operation En- pursuant to the Federal Vacancies Reform Ms. JACKSON-LEE of Texas, for 5 min- during Freedom, pursuant to Public Law 109- Act of 1998; to the Committee on Oversight utes, today. 364, section 676; to the Committee on Armed and Government Reform. Services. 3836. A letter from the Archivist of the Ms. NORTON, for 5 minutes, today. 3825. A letter from the Secretary, Depart- United States, National Archives and Mr. THOMPSON of Mississippi, for 5 ment of the Treasury, transmitting a six Records Administration, transmitting the minutes, today. month periodic report on the national emer- Administration’s third quarter committee Mr. AL GREEN of Texas, for 5 min- gency with respect to the Democratic Repub- report for Fiscal Year 2007, including a sum- utes, today. lic of the Congo that was declared in Execu- mary income and expense statement to cover Ms. WATERS, for 5 minutes, today. tive Order 13413 of October 27, 2006, pursuant the period October 1, 2006 through June 30, Ms. WOOLSEY, for 5 minutes, today. to 50 U.S.C. 1641(c); to the Committee on 2007, pursuant to Public Law 106-58; to the Mr. HINCHEY, for 5 minutes, today. Foreign Affairs. Committee on Oversight and Government Mr. BLUMENAUER, for 5 minutes, 3826. A letter from the Assistant Secretary Reform. today. for Legislative Affairs, Department of State, 3837. A letter from the Senior Associate transmitting pursuant to Section 42(b) of the General Counsel, Office of the Director of Mr. DEFAZIO, for 5 minutes, today. Arms Export Control Act, notification that National Intelligence, transmitting a report Ms. CORRINE BROWN of Florida, for 5 the Government of Egypt has requested that pursuant to the Federal Vacancies Reform minutes, today. the United States Government permit the Act of 1998; to the Committee on Oversight Mr. WEINER, for 5 minutes, today. use of Foreign Military Financing for the and Government Reform. Mr. SARBANES, for 5 minutes, today. sale and limited coproduction of 125 M1A1 3838. A letter from the Administrator, Mrs. MALONEY of New York, for 5 Abrams Tank kits; to the Committee on For- Small Business Administration, transmit- minutes, today. eign Affairs. ting the Administration’s strategic plan for

VerDate Mar 15 2010 13:30 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\BR07\H23OC7.002 H23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28048 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 20 October 23, 2007 fiscal years 2008 through 2013 in compliance Fisheries of the Exclusive Economic Zone 3855. A letter from the Deputy Assistant with the Government Performance and Re- Off Alaska; Pollock in Statistical Area 620 in Administrator for Operations, NMFS, Na- sults Act of 1993 (GPRA); to the Committee the Gulf of Alaska [Docket No. 070213032-7032- tional Oceanic and Atmospheric Administra- on Oversight and Government Reform. 01] (RIN: 0648-XC90) received October 16, 2007, tion, transmitting the Administration’s final 3839. A letter from the Chief Administra- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- rule — Pacific Coast Groundfish Fishery tive Officer, transmitting the quarterly re- mittee on Natural Resources. [Docket No. 070323069-7117-02; I.D. 031907A] port of receipts and expenditures of appro- 3848. A letter from the Acting Director Of- (RIN: 0648-AV46) received October 1, 2007, priations and other funds for the period July fice of Sustainable Fisheries, NMFS, Na- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1, 2007 through September 30, 2007 as com- tional Oceanic and Atmospheric Administra- mittee on Natural Resources. piled by the Chief Administrative Officer, tion, transmitting the Administration’s final 3856. A letter from the Deputy Assistant pursuant to 2 U.S.C. 104a Public Law 88-454; rule — Fisheries of the Exclusive Economic Administrator for Operations, NMFS, Na- (H. Doc. No. 110-67); to the Committee on Zone Off Alaska; Pollock in Statistical Area tional Oceanic and Atmospheric Administra- House Administration and ordered to be 630 in the Gulf of Alaska [Docket No. tion, transmitting the Administration’s final printed. 070213032-7032-01] (RIN: 0648-XC91) received rule — Fisheries of the Exclusive Economic 3840. A letter from the Acting Assistant October 16, 2007, pursuant to 5 U.S.C. Zone Off Alaska; Allocating Bering Sea/Aleu- Secretary for Fish, Wildlife and Parks, De- 801(a)(1)(A); to the Committee on Natural tian Islands Fishery Resources; American partment of the Interior, transmitting the Resources. Fisheries Act Sideboards [Docket No. Department’s final rule — Endangered and 3849. A letter from the Director Office of 0612242886-7464-03; I.D. 041307D] (RIN: 0648- Threatened Wildlife and Plants; Designation Sustainable Fisheries, NMFS, National Oce- AU68) received October 1, 2007, pursuant to 5 of Critical Habitat for Ceanothus ophiochilus anic and Atmospheric Administration, trans- U.S.C. 801(a)(1)(A); to the Committee on Nat- (Vail Lake ceanothus) and Fremontodendron mitting the Administration’s final rule — ural Resources. Fisheries of the Economic Exclusive Zone mexicanum (Mexican flannelbush) (RIN: 3857. A letter from the Deputy Assistant Off Alaska; Shallow-Water Species Fishery 1018-AU77) received September 27, 2007, pur- Administrator for Regulatory Programs, by Vessels Using Trawl Gear in the Gulf of suant to 5 U.S.C. 801(a)(1)(A); to the Com- NMFS, National Oceanic and Atmospheric Alaska [Docket No. 070213032-7032-01] (RIN: mittee on Natural Resources. Administration, transmitting the Adminis- 0648-XC88) received October 16, 2007, pursuant 3841. A letter from the Acting Assistant tration’s final rule — Fisheries of the Exclu- to 5 U.S.C. 801(a)(1)(A); to the Committee on Secretary for Fish and Wildlife and Parks, sive Economic Zone Off Alaska; Pacific Cod Natural Resources. Department of the Interior, transmitting the 3850. A letter from the Director Office of Allocations in the Bering Sea and Aleutian Department’s final rule — Migratory Bird Sustainable Fisheries, NMFS, National Oce- Islands Management Area [Docket No. Hunting; Final Frameworks for Late-Season anic and Atmospheric Administration, trans- 0612242903-7445-03; I.D. 112006I] (RIN: 0648- Migratory Bird Hunting Regulations (RIN: mitting the Administration’s final rule — AU48) received October 1, 2007, pursuant to 5 1018-AV12) received September 27, 2007, pur- Fisheries of the Exclusive Economic Zone U.S.C. 801(a)(1)(A); to the Committee on Nat- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Off Alaska; Pollock in Statistical Area 630 of ural Resources. mittee on Natural Resources. the Gulf of Alaska [Docket No. 070213032-7032- 3858. A letter from the Director Office of 3842. A letter from the Assistant Secretary 01] (RIN: 0648-XC89) received October 16, 2007, Sustainable Fisheries, NMFS, National Oce- for Fish and Wlidlife and Parks, Department pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- anic and Atmospheric Administration, trans- of the Interior, transmitting the Depart- mittee on Natural Resources. mitting the Administration’s final rule — ment’s final rule — Migratory Bird Hunting; 3851. A letter from the Director Office of Fisheries of the Exclusive Economic Zone Late Seasons and Bag and Possession Limits Sustainable Fisheries, NMFS, National Oce- Off Alaska; Reallocation of Pacific Cod in for Certain Migratory Game Birds (RIN: 1018- anic and Atmospheric Administration, trans- the Bering Sea and Aleutian Islands Manage- AV12) received September 27, 2007, pursuant mitting the Administration’s final rule — ment Area [Docket No. 070213033-7033-01] to 5 U.S.C. 801(a)(1)(A); to the Committee on Fisheries of the Caribbean, Gulf of Mexico, (RIN: 0648-XC55) received October 1, 2007, Natural Resources. and South Atlantic; Snapper-Grouper Fish- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 3843. A letter from the Director, Office of ery of the South Atlantic Region; Closure mittee on Natural Resources. Surface Mining, Department of the Interior, [Docket No. 060525140-6221-02] (RIN: 0648- 3859. A letter from the Director Office of transmitting the Department’s final rule — XC83) received October 16, 2007, pursuant to 5 Sustainable Fisheries, NMFS, National Oce- Indiana Regulatory Program [Docket No. IN- U.S.C. 801(a)(1)(A); to the Committee on Nat- anic and Atmospheric Administration, trans- 156-FOR, Administrative Cause No. 06-046R] ural Resources. mitting the Administration’s final rule — received October 15, 2007, pursuant to 5 3852. A letter from the Director Office of Fisheries of the Exclusive Economic Zone U.S.C. 801(a)(1)(A); to the Committee on Nat- Sustainable Fisheries, NMFS, National Oce- Off Alaska; Reallocation of Pacific Cod in ural Resources. anic and Atmospheric Administration, trans- the Bering Sea and Aleutian Islands Manage- 3844. A letter from the Director, Office of mitting the Administration’s final rule — ment Area [Docket No. 070213033-7033-01] Surface Mining, Department of the Interior, Fisheries of the Exclusive Economic Zone (RIN: 0648-XC55) received October 1, 2007, transmitting the Department’s final rule — Off Alaska; Atka Mackerel With Gears Other pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Kentucky Regulatory Program [KY-251-FOR] than Jig in the Eastern Aleutian District mittee on Natural Resources. received October 17, 2007, pursuant to 5 and the Bering Sea Subarea in the Bering 3860. A letter from the Corporation Agent, U.S.C. 801(a)(1)(A); to the Committee on Nat- Sea and Aleutian Islands Management Area Legion of Valor of the United States of ural Resources. [Docket No. 070213033-7033-01] (RIN: 0648- America, Inc., transmitting a copy of the Le- 3845. A letter from the Acting Director Of- XC56) received October 1, 2007, pursuant to 5 gion’s annual audit as of April 30, 2007, pur- fice of Sustainable Fisheries, NMFS, Na- U.S.C. 801(a)(1)(A); to the Committee on Nat- suant to 36 U.S.C. 1101(28) and 1103; to the tional Oceanic and Atmospheric Administra- ural Resources. Committee on the Judiciary. tion, transmitting the Administration’s final 3853. A letter from the Acting Director Of- f rule — Fisheries of the Northeastern United fice of Sustainable Fisheries, NMFS, Na- States; Summer Flounder Fishery; Commer- tional Oceanic and Atmospheric Administra- PUBLIC BILLS AND RESOLUTIONS cial Quota Harvested for Massachusetts tion, transmitting the Administration’s final Under clause 2 of rule XII, public [Docket No. 061020273-7001-03] (RIN: 0648- rule — Fisheries of the Exclusive Economic bills and resolutions were introduced XC05) received September 10, 2007, pursuant Zone Off Alaska; Northern Rockfish for to 5 U.S.C. 801(a)(1)(A); to the Committee on Catcher Processors Participating in the and severally referred, as follows: Natural Resources. Rockfish Limited Access Fishery in the Cen- By Mr. GEORGE MILLER of California 3846. A letter from the Director Office of tral Regulatory Area of the Gulf of Alaska (for himself, Mr. MCKEON, Mr. Sustainable Fisheries, NMFS, National Oce- [Docket No. 070213032-7032-01] (RIN: 0648- HINOJOSA, and Mr. KELLER): anic and Atmospheric Administration, trans- XC47) received October 1, 2007, pursuant to 5 H.R. 3927. A bill to temporarily extend the mitting the Administration’s final rule — U.S.C. 801(a)(1)(A); to the Committee on Nat- programs under the Higher Education Act of Fisheries of the Northeastern United States; ural Resources. 1965, and for other purposes; to the Com- Scup Fishery; Commercial Quota Harvested 3854. A letter from the Director Office of mittee on Education and Labor. considered for 2007 Summer Period [Docket No. Sustainable Fisheries, NMFS, National Oce- and passed. 061020273-6321-02] (RIN: 0648-XC70) received anic and Atmospheric Administration, trans- By Mr. MURPHY of Connecticut (for October 10, 2007, pursuant to 5 U.S.C. mitting the Administration’s final rule — himself, Mr. WELCH of Vermont, Mr. 801(a)(1)(A); to the Committee on Natural Fisheries of the Exclusive Economic Zone WAXMAN, Mr. LYNCH, Mr. Resources. Off Alaska; Pollock in Statistical Area 630 of MCDERMOTT, Mr. BRALEY of Iowa, Mr. 3847. A letter from the Director Office of the Gulf of Alaska [Docket No. 070213032-7032- HODES, Mr. HALL of New York, and Sustainable Fisheries, NMFS, National Oce- 01] (RIN: 0648-XC22) received October 1, 2007, Mr. OLVER): anic and Atmospheric Administration, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 3928. A bill to require certain large mitting the Administration’s final rule — mittee on Natural Resources. government contractors that receive more

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than 80 percent of their annual gross revenue TIAHRT, Mr. TOWNS, Mr. MORAN of RAMSTAD, Mr. RYAN of Wisconsin, Mr. from Federal contracts to disclose the names Kansas, Mr. MORAN of Virginia, Mr. TIBERI, Mr. NUNES, and Mr. SAM and salaries of their most highly com- ROSKAM, Mr. MOORE of Kansas, and JOHNSON of Texas): pensated officers, and for other purposes; to Mr. BUTTERFIELD): H.R. 3943. A bill to amend the Trade Act of the Committee on Oversight and Govern- H.R. 3934. A bill to amend the Harmonized 1974 to reauthorize the trade adjustment as- ment Reform. Tariff Schedule of the United States to mod- sistance for workers program, and for other By Mr. MCGOVERN (for himself, Mr. ify the tariffs on certain footwear; to the purposes; to the Committee on Ways and DELAHUNT, Mr. FILNER, Mr. Committee on Ways and Means. Means. GRIJALVA, Mr. GENE GREEN of Texas, By Mr. DAVIS of Illinois: By Mr. HONDA (for himself, Mr. DENT, Mr. GONZALEZ, Mr. HASTINGS of Flor- H.R. 3935. A bill to extend the time limit of Mr. SCHIFF, Mr. MCNULTY, Mr. ida, Mr. HINCHEY, Ms. ZOE LOFGREN of the authority of the Frederick Douglass Gar- TOWNS, and Mr. GERLACH): California, Mr. KUCINICH, Mr. SHAYS, dens, Inc., to establish a memorial and gar- H.R. 3944. A bill to amend the Public Mr. WOLF, Ms. WOOLSEY, Mr. SCHIFF, dens on Department of the Interior lands in Health Service Act to direct the Secretary of Mr. VAN HOLLEN, Mr. SERRANO, Mr. the District of Columbia or its environs in Health and Human Services to establish, pro- FRANK of Massachusetts, Mr. ROTH- honor and commemoration of Frederick mote, and support a comprehensive preven- MAN, and Mr. CAPUANO): Douglass, and for other purposes; to the tion, education, research, and medical man- H.R. 3929. A bill to amend titles 23 and 49, Committee on Natural Resources. agement program that will lead to a marked United States Code, concerning length and By Mr. DEAL of Georgia: reduction in liver cirrhosis and a reduction weight limitations for vehicles operating on H.R. 3936. A bill to designate the facility of in the cases of, and improved survival of, Federal-aid highways, and for other pur- the United States Postal Service located at liver cancer caused by chronic hepatitis B in- poses; to the Committee on Transportation 116 Helen Highway in Cleveland, Georgia, as fection; to the Committee on Energy and and Infrastructure. the ‘‘Sgt. Jason Harkins Post Office Build- Commerce. By Mr. PEARCE: ing’’; to the Committee on Oversight and By Mr. ISRAEL: H.R. 3930. A bill to provide for a land ex- Government Reform. H.R. 3945. A bill to provide for the estab- change involving State land and Bureau of By Ms. DELAURO: lishment by the Secretary of Energy of a Land Management land in Chavez and Dona H.R. 3937. A bill to amend the Federal program of Federal support for local govern- Ana Counties, New Mexico, and to establish Food, Drug, and Cosmetic Act to ensure the ments and school districts to implement the Lesser Prairie Chicken National Habitat safety of imported food; to the Committee on clean energy projects; to the Committee on Preservation Area, and for other purposes; to Energy and Commerce. Education and Labor. the Committee on Natural Resources. By Mr. DINGELL: By Mr. JEFFERSON (for himself, Mr. By Mr. BAKER (for himself, Mr. H.R. 3938. A bill to repeal the Authoriza- MELANCON, Mr. SCOTT of Virginia, HENSARLING, and Mr. ROYCE): tion for Use of Military Force Against Iraq Mr. DAVIS of Illinois, Mr. PAYNE, and H.R. 3931. A bill to protect investors by fos- Resolution of 2002 (Public Law 107-243) and to Ms. CLARKE): tering transparency and accountability of require the withdrawal of the United States H.R. 3946. A bill to provide for a temporary attorneys in private securities litigation; to Armed Forces in Iraq; to the Committee on waiver under part B of title III of the Higher the Committee on Financial Services, and in Foreign Affairs, and in addition to the Com- Education Act of 1965 for undergraduate his- addition to the Committee on the Judiciary, mittee on Armed Services, for a period to be torically black colleges and universities lo- for a period to be subsequently determined subsequently determined by the Speaker, in cated in an area affected by a Gulf hurricane by the Speaker, in each case for consider- each case for consideration of such provi- disaster; to the Committee on Education and ation of such provisions as fall within the ju- sions as fall within the jurisdiction of the Labor. risdiction of the committee concerned. committee concerned. By Mr. LARSON of Connecticut (for By Mr. BERRY (for himself, Mr. HIN- By Mr. DOOLITTLE (for himself and himself, Mr. CAMP of Michigan, Mrs. CHEY, Mr. FARR, Mr. WAXMAN, Mr. Mr. SALAZAR): MCCARTHY of New York, Mr. BURTON WEXLER, Ms. LINDA T. SA´ NCHEZ of H.R. 3939. A bill to increase the safety for of Indiana, Mr. ENGLISH of Pennsyl- California, Mr. KANJORSKI, Mr. crew and passengers on an aircraft providing vania, Mr. FRANKS of Arizona, Mr. MCNULTY, Mr. TIERNEY, Mr. BISHOP emergency medical services; to the Com- LEWIS of Kentucky, Mr. PAUL, Mr. of New York, Mr. NADLER, Mr. MAR- mittee on Transportation and Infrastruc- RAMSTAD, Mr. SESTAK, and Mr. SHALL, Mr. SERRANO, Mr. HALL of ture. SOUDER): New York, and Ms. SCHAKOWSKY): By Mr. ELLISON (for himself, Ms. H.R. 3947. A bill to amend the Internal Rev- H.R. 3932. A bill to amend title XVIII of the MCCOLLUM of Minnesota, Mr. OBER- enue Code of 1986 to provide for a Social Security Act to deliver a meaningful STAR, Mr. WALZ of Minnesota, and carryforward of unused benefits in health benefit and lower prescription drug prices Mr. PETERSON of Minnesota): under the Medicare Program; to the Com- H.R. 3940. A bill to amend the Deficit Re- flexible spending arrangements; to the Com- mittee on Energy and Commerce, and in ad- duction Act of 2005; to the Committee on En- mittee on Ways and Means. dition to the Committee on Ways and Means, ergy and Commerce. By Mr. OBEY (for himself, Mr. MUR- THA, Mr. MCGOVERN, Ms. MCCOLLUM for a period to be subsequently determined By Mr. FLAKE (for himself, Mr. WAMP, of Minnesota, Ms. BALDWIN, Mr. by the Speaker, in each case for consider- Mr. WILSON of South Carolina, Mr. STARK, Mr. BRADY of Pennsylvania, ation of such provisions as fall within the ju- KLINE of Minnesota, Mr. WALBERG, Mr. MORAN of Virginia, and Mr. risdiction of the committee concerned. Mr. HENSARLING, Mr. FRANKS of Ari- ELLISON): By Ms. CLARKE: zona, and Mr. TOWNS): H.R. 3933. A bill to amend the Internal Rev- H.R. 3941. A bill to amend title 23, United H.R. 3948. A bill to amend the Internal Rev- enue Code of 1986 to permanently extend the States Code, to authorize a State that has a enue Code of 1986 to establish a temporary election to include combat pay as earned in- structurally deficient bridge within its surtax to offset the current costs of the Iraq come for purposes of the earned income tax boundaries to obligate funds made available war; to the Committee on Ways and Means. credit and penalty-free distributions from re- to carry out a high priority project for any By Mr. STUPAK: tirement plans to individuals called to active project or activity eligible for assistance H.R. 3949. A bill to amend the Internal Rev- duty, and for other purposes; to the Com- under title 23, United States Code; to the enue Code of 1986 to allow distilled spirits to mittee on Ways and Means. Committee on Transportation and Infra- be produced in dwelling houses, other con- By Mr. CROWLEY (for himself, Mr. structure. nected structures, and certain other prem- BRADY of Texas, Ms. BEAN, Mrs. By Mr. FRANK of Massachusetts: ises; to the Committee on Ways and Means. BIGGERT, Ms. BERKLEY, Mr. BOOZMAN, H.R. 3942. A bill to amend title XVIII of the By Mr. TANCREDO: Mr. BLUMENAUER, Mr. CARTER, Mr. Social Security Act to permit the disabled H.R. 3950. A bill to approve a final rule of BOREN, Mr. CONAWAY, Mrs. BOYDA of surviving spouse of an individual to elect to the Department of Homeland Security relat- Kansas, Mr. ENGLISH of Pennsyl- retain private health insurance as the pri- ing to employers who receive a ‘‘no-match’’ vania, Mr. CAPUANO, Mr. FORTUN˜ O, mary payor of health insurance benefits letter from the Commissioner of Social Secu- Mr. CLAY, Mr. GARRETT of New Jer- under the Medicare Program; to the Com- rity; to the Committee on the Judiciary, and sey, Mr. CUELLAR, Mr. SAM JOHNSON mittee on Energy and Commerce, and in ad- in addition to the Committee on Education of Texas, Mr. HASTINGS of Florida, dition to the Committee on Ways and Means, and Labor, for a period to be subsequently Mr. MARCHANT, Mr. MARKEY, Mr. for a period to be subsequently determined determined by the Speaker, in each case for LEWIS of Kentucky, Ms. HOOLEY, Mr. by the Speaker, in each case for consider- consideration of such provisions as fall with- MCCAUL of Texas, Mr. MATHESON, ation of such provisions as fall within the ju- in the jurisdiction of the committee con- Mrs. MYRICK, Mr. MCDERMOTT, Mr. risdiction of the committee concerned. cerned. WELLER, Mr. MEEKS of New York, Mr. By Mr. HERGER (for himself, Mr. By Mr. WICKER (for himself and Mr. GALLEGLY, Mr. RODRIGUEZ, Mr. BRADY of Texas, Mr. WELLER, Mr. TIM MURPHY of Pennsylvania):

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H. Res. 766. A resolution supporting the H.R. 1320: Mr. WALSH of New York. H.R. 3053: Ms. JACKSON-LEE of Texas, Mr. goals and ideals of National Infection Pre- H.R. 1352: Mr. TOWNS, Ms. HIRONO, and Mr. SALAZAR, and Mr. CLAY. vention Week; to the Committee on Energy SHAYS. H.R. 3058: Mr. REICHERT, Mr. HASTINGS of and Commerce. H.R. 1353: Mrs. BOYDA of Kansas. Washington, Mr. HERGER, Mr. BISHOP of By Mr. BOEHNER: H.R. 1363: Mr. MARKEY, Mr. ABERCROMBIE, Utah, Mr. MICHAUD, and Mr. DOOLITTLE. H. Res. 767. A resolution raising a question Ms. CASTOR, Mr. LYNCH, and Mr. WELCH of H.R. 3119: Mrs. MALONEY of New York. of the privileges of the House. Vermont. H.R. 3167: Ms. WATSON and Mr. HILL. By Ms. SHEA-PORTER: H.R. 1386: Ms. HARMAN, Mr. FILNER, Mr. H.R. 3204: Mr. AL GREEN of Texas and Mr. H. Res. 768. A resolution honoring the life ALLEN, Mr. SALAZAR, and Mr. CASTLE. STARK. of Thomas ‘‘Tommy’’ Makem; to the Com- H.R. 1422: Mr. WALZ of Minnesota and Mr. H.R. 3219: Mr. ROTHMAN. mittee on Education and Labor. FRANK of Massachusetts. H.R. 3298: Mr. BLUMENAUER. By Ms. FOXX (for herself, Mr. KUHL of H.R. 1428: Mr. WALDEN of Oregon. H.R. 3326: Mr. ORTIZ and Mr. GORDON. New York, Mr. WHITFIELD, Mr. H.R. 1497: Mr. VAN HOLLEN and Ms. MATSUI. H.R. 3329: Mr. SIRES. GUTIERREZ, and Mr. COHEN): H.R. 1570: Mr. LATHAM. H.R. 3334: Mr. SESTAK. H. Res. 769. A resolution congratulating H.R. 1576: Mr. BRALEY of Iowa, Mr. GEORGE H.R. 3348: Mr. SESSIONS, Mr. CARTER, Ms. the government and people of Turkey as MILLER of California, Mr. LATHAM, and Mr. GRANGER, Mrs. CUBIN, and Mrs. MYRICK. they celebrate Republic Day, and for other MCINTYRE. H.R. 3429: Mr. KAGEN and Mr. PETERSON of purposes; to the Committee on Foreign Af- H.R. 1609: Mr. ROSS, Mr. DENT, Ms. LEE, Minnesota. fairs. and Mr. WELLER. H.R. 3461: Mr. ROSS, Ms. SCHAKOWSKY, Ms. By Mr. PORTER (for himself, Mr. H.R. 1621: Mr. BRADY of Pennsylvania. WASSERMAN SCHULTZ, Mr. YARMUTH, and Ms. BOEHNER, Mr. HOYER, Mr. KIND, Ms. H.R. 1746: Mr. SHERMAN. MATSUI. WASSERMAN SCHULTZ, and Mr. WAMP): H.R. 1772: Mr. CLAY. H.R. 3484: Mr. GRIJALVA and Ms. DELAURO. H. Res. 770. A resolution expressing support H.R. 1820: Mr. PASTOR and Mr. SHAYS. H.R. 3485: Mr. HALL of New York, Ms. ZOE for designation of a National Veterans His- H.R. 1834: Mr. ROTHMAN. LOFGREN of California, Ms. BORDALLO, and tory Project Week to encourage public par- H.R. 1843: Mr. SESTAK and Mr. SIMPSON. Ms. DELAURO. ticipation in a nationwide project that col- H.R. 1971: Ms. SOLIS. H.R. 3533: Mrs. EMERSON and Mr. MAR- lects and preserves the stories of the men H.R. 2021: Mrs. CHRISTENSEN, Mr. BRADY of SHALL. and women who served our nation in times of Pennsylvania, Mr. GRIJALVA, Mrs. MCCARTHY H.R. 3541: Ms. HOOLEY. war and conflict; to the Committee on Vet- of New York, Mr. SIRES, and Mr. CARNEY. H.R. 3543: Mr. THOMPSON of Mississippi and erans’ Affairs. H.R. 2045: Mr. MCNULTY, Mr. BRALEY of Mr. SAXTON. By Mr. SENSENBRENNER: Iowa, and Mr. TOWNS. H.R. 3548: Mr. HILL, Mr. EMANUEL, and Mr. H. Res. 771. A resolution supporting the H.R. 2049: Mrs. MCCARTHY of New York and MAHONEY of Florida. goals and ideals of Down Syndrome Aware- Ms. CLARKE. H.R. 3582: Mr. WAXMAN. ness Month; to the Committee on Energy H.R. 2066: Mr. SERRANO. H.R. 3609: Ms. WOOLSEY. and Commerce. H.R. 2165: Ms. BALDWIN. H.R. 3629: Mr. WALZ of Minnesota. f H.R. 2188: Mr. COOPER. H.R. 3631: Mr. LIPINSKI, Mr. COURTNEY, Ms. H.R. 2233: Mrs. CHRISTENSEN, Mr. ABER- ZOE LOFGREN of California, and Ms. ADDITIONAL SPONSORS CROMBIE, and Mr. FILNER. SCHAKOWSKY. Under clause 7 of rule XII, sponsors H.R. 2236: Mr. SNYDER. H.R. 3633: Mr. CARNAHAN. H.R. 2343: Mr. COOPER. H.R. 3641: Mr. PAUL. were added to public bills and resolu- H.R. 2365: Mr. HOBSON. H.R. 3654: Mr. LARSEN of Washington, Mr. tions as follows: H.R. 2406: Ms. WOOLSEY, Ms. GIFFORDS, Mr. CROWLEY, Mr. UDALL of Colorado, Ms. BEAN, H.R. 25: Mr. ALEXANDER. MILLER of North Carolina, Mr. ROTHMAN, Mr. Mr. DONNELLY, Ms. HERSETH SANDLIN, Ms. H.R. 71: Mr. KLINE of Minnesota. LAMPSON, Mr. BAIRD, Mr. ROSS, Mr. KAN- GIFFORDS, and Mr. PLATTS. H.R. 82: Mrs. MYRICK. JORSKI, and Mr. MELANCON. H.R. 3660: Mr. ROYCE, Mr. MCNERNEY, and H.R. 92: Mr. MARSHALL. H.R. 2417: Mr. SESTAK. Mr. BARTLETT of Maryland. H.R. 138: Mr. TERRY. H.R. 2464: Mr. TOWNS, Mr. BARROW, Mr. H.R. 3663: Mr. TIERNEY, Mr. FILNER, Ms. H.R. 275: Mr. WU and Mr. BURTON of Indi- DAVID DAVIS of Tennessee, and Ms. CASTOR. SCHAKOWSKY, and Mr. FRANK of Massachu- ana. H.R. 2514: Mr. MILLER of North Carolina setts. H.R. 460: Mr. TOWNS. and Ms. WASSERMAN SCHULTZ. H.R. 3680: Mr. PAUL, Mr. INSLEE, and Ms. H.R. 491: Mr. MCCOTTER. H.R. 2567: Mr. SARBANES. HERSETH SANDLIN H.R. 579: Mr. WALDEN of Oregon. H.R. 2580: Mr. COLE of Oklahoma. H.R. 3684: Mr. SHULER. H.R. 601: Mr. DAVID DAVIS of Tennessee. H.R. 2606: Mr. HASTINGS of Florida, Mr. H.R. 3691: Mr. STARK and Mr. SESTAK. H.R. 621: Mr. SALI. ENGLISH of Pennsylvania, Mr. HINOJOSA, and H.R. 3697: Mr. OBERSTAR and Mr. KAN- H.R. 636: Mr. DUNCAN. Mr. MOORE of Kansas. JORSKI. H.R. 718: Mr. MCHENRY. H.R. 2694: Mr. AL GREEN of Texas and Mr. H.R. 3700: Mr. MCGOVERN. H.R. 725: Mr. SMITH of Nebraska. MCGOVERN. H.R. 3705: Mr. GRIJALVA and Mr. COHEN. H.R. 758: Mr. ROGERS of Michigan. H.R. 2744: Mr. CAPUANO, Mr. BACA, and Mr. H.R. 3724: Mr. JEFFERSON. H.R. 826: Mr. FORBES. DOYLE. H.R. 3725: Mr. CAMPBELL of California and H.R. 829: Mr. MCHUGH. H.R. 2802: Ms. MATSUI. Mr. FEENEY. H.R. 854: Mr. JACKSON of Illinois. H.R. 2818: Mr. BRADY of Texas. H.R. 3757: Mr. BAIRD. H.R. 887: Mr. AL GREEN of Texas. H.R. 2821: Mr. HASTERT. H.R. 3758: Ms. GIFFORDS. H.R. 891: Mr. BARTLETT of Maryland and H.R. 2840: Mr. DOGGETT. H.R. 3779: Mr. GARRETT of New Jersey. Mr. BROWN of South Carolina. H.R. 2894: Mr. WOLF. H.R. 3780: Mr. COHEN. H.R. 897: Mr. LANTOS, Mr. BISHOP of New H.R. 2905: Mr. ALTMIRE. H.R. 3781: Mr. SKELTON. York, Ms. MATSUI, and Mr. VAN HOLLEN. H.R. 2915: Ms. ZOE LOFGREN of California. H.R. 3784: Ms. LEE. H.R. 926: Mr. KLINE of Minnesota. H.R. 2933: Mr. BARROW, Mr. BOOZMAN, Mr. H.R. 3793: Mr. HINCHEY, Mr. KIND, Mr. BOYD H.R. 953: Mr. ENGLISH of Pennsylvania. HAYES, and Mr. ROTHMAN. of Florida, Mr. LOBIONDO, Mr. HILL, Mr. H.R. 1014: Mr. FORTUN˜ O and Mr. SERRANO. H.R. 2942: Ms. SOLIS. MATHESON, Mr. HIGGINS, and Mr. SALAZAR. H.R. 1074: Mr. ALLEN. H.R. 2949: Mr. SHERMAN. H.R. 3796: Mr. HARE, Mr. SARBANES, Ms. H.R. 1078: Mr. FATTAH, Mrs. DAVIS of Cali- H.R. 2951: Mr. AL GREEN of Texas and Ms. LINDA T. SA´ NCHEZ of California, and Ms. fornia, Mr. GEORGE MILLER of California, and KILPATRICK. HIRONO. Mr. BRADY of Pennsylvania. H.R. 2994: Mr. GORDON, Mr. HINCHEY, and H.R. 3797: Ms. SCHWARTZ and Mr. OLVER. H.R. 1092: Mr. CUMMINGS and Mr. HONDA. Mr. MARSHALL. H.R. 3810: Mr. ARCURI, Mr. HINCHEY, Mrs. H.R. 1188: Ms. SUTTON. H.R. 3012: Mr. LUCAS and Mr. MANZULLO. MCCARTHY of New York, Mr. MCHUGH, Mr. H.R. 1198: Mrs. MALONEY of New York. H.R. 3026: Mr. BURTON of Indiana and Mr. MCNULTY, and Mr. CONAWAY. H.R. 1216: Ms. BALDWIN. SKELTON. H.R. 3815: Mr. BRADY of Pennsylvania. H.R. 1279: Mr. MANZULLO, Mr. WEXLER, Ms. H.R. 3042: Mrs. CUBIN and Ms. HERSETH H.R. 3816: Mr. BRADY of Pennsylvania. LINDA T. SA´ NCHEZ of California, Mr. WYNN, SANDLIN. H.R. 3818: Mr. JORDAN, Mr. DUNCAN, and Mr. MARCHANT, Mr. COURTNEY, Mr. HASTINGS H.R. 3045: Mr. BISHOP of New York, Mr. Mr. GALLEGLY. of Florida, and Mr. WILSON of South Carolina FRANK of Massachusetts, Ms. DELAURO, Mr. H.R. 3827: Mr. BRADY of Pennsylvania. H.R. 1283: Mr. GONZALEZ and Mr. MILLER of DAVIS of Illinois, Mr. FARR, Mr. H.R. 3846: Ms. EDDIE BERNICE JOHNSON of North Carolina. BLUMENAUER, Mr. KUCINICH, Mr. WEXLER, Mr. Texas, Ms. LINDA T. SA´ NCHEZ of California, H.R. 1295: Mr. BOOZMAN. HASTINGS of Florida, and Mr. SERRANO. and Mr. THOMPSON of Mississippi.

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H.R. 3847: Mr. MCHENRY. H. Res. 111: Mr. HALL of Texas, Mr. POR- EMANUEL, Mr. HODES, Mr. MORAN of Virginia, H.R. 3864: Mr. MCCOTTER, Mr. DAVIS of TER, Mr. WALBERG, Mr. SOUDER, and Mr. Ms. BERKLEY, Mr. STUPAK, Mr. LANGEVIN, Kentucky, and Mr. COLE of Oklahoma. NEUGEBAUER. Mr. GRIJALVA, Mr. SCOTT of Virginia, Mr. H.R. 3877: Mr. WU. H. Res. 146: Mr. MEEKS of New York, Mr. CLYBURN, Mr. BUTTERFIELD, Ms. KILPATRICK, H.R. 3881: Mrs. MALONEY of New York. ENGEL, Ms. GIFFORDS, and Ms. WATSON. Mr. WATT, Mr. RUSH, Mr. WYNN, Mr. COHEN, H.R. 3882: Mr. HILL, Ms. HERSETH SANDLIN, H. Res. 163: Mr. WELCH of Vermont, Mr. Mr. CLEAVER, Ms. HOOLEY, Ms. HIRONO, Ms. Mr. FILNER, Mr. HARE, Mr. KAGEN, Mr. BRADY of Pennsylvania, Ms. MATSUI, Mr. LORETTA SANCHEZ of California, Ms. GIF- SALAZAR, Mr. EDWARDS, Mr. STUPAK, Mr. MCNULTY, and Mr. CLAY. FORDS, Mr. GINGREY, Mr. MCCAUL of Texas, MURTHA, Mr. DONNELLY, Mr. BUYER, Mr. MIL- H. Res. 335: Mr. EHLERS, Mr. KUHL of New Mr. HALL of Texas, Mr. DANIEL E. LUNGREN LER of Florida, Mr. BISHOP of New York, Mr. York, Mr. CAPUANO, Mr. WAXMAN, and Mr. of California, Mr. PEARCE, Mr. DEAL of Geor- POMEROY, Mr. HALL of New York, Mr. HOBSON. gia, Mr. BROUN of Georgia, Mr. WALSH of New RODRIGUEZ, and Mr. KING of Iowa. H. Res. 338: Mr. BAIRD. York, Mr. BURGESS, Mr. POE, Mr. PRICE of H.R. 3887: Mr. CHABOT, Mr. BURTON of Indi- H. Res. 356: Mr. HARE. Georgia, Mr. GOHMERT, Mr. CONAWAY, Mrs. ana, Ms. JACKSON-LEE of Texas, Mr. H. Res. 373: Mr. SIRES. MCMORRIS RODGERS, Mr. HERGER, Mr. DOO- FORTENBERRY, Ms. SOLIS, Mr. PAYNE, Mr. H. Res. 435: Mr. RAMSTAD and Mr. SHER- LITTLE, Mr. HOEKSTRA, Mr. UPTON, Mr. KUHL BERMAN, and Mr. SIRES. MAN. of New York, Mr. ROGERS of Michigan, Mrs. H.R. 3888, Mr. COLE of Oklahoma and Mr. H. Res. 537: Mrs. CUBIN. WILSON of New Mexico, Mr. WALDEN of Or- KNOLLENBERG. H. Res. 542: Ms. GIFFORDS, Mr. JOHNSON of egon, Mr. MATHESON, Ms. SCHAKOWSKY, Mr. H.R. 3895: Mr. BLUMENAUER. Illinois, Mr. LAMBORN, and Mr. INGLIS of HILL, Mr. YARMUTH, Mr. MURPHY of Con- H.R. 3905: Mr. RANGEL. South Carolina. necticut, and Ms. DEGETTE. H.R. 3908: Mr. ADERHOLT, Mr. POE, Mr. H. Res. 573: Mr. SHERMAN. H. Res. 761: Mr. BURTON of Indiana, Mr. NEUGEBAUER, and Mr. AKIN. H. Res. 617: Ms. ROS-LEHTINEN. SMITH of New Jersey, Mr. MCCOTTER, and Mr. H.R. 3920: Ms. WOOLSEY, Ms. HARMAN, Mr. H. Res. 618: Ms. WATERS, Mr. CUMMINGS, FRANKS of Arizona. ETHERIDGE, Mr. ALTMIRE, and Mrs. and Ms. WATSON. GILLIBRAND. H. Res. 669: Mr. HOBSON and Mr. KIRK. f H.R. 3921: Mr. SERRANO. H. Res. 684: Mrs. JONES of Ohio. ˜ H.R. 3923: Mr. HILL. H. Res. 705: Mr. FORTUNO, Mr. DONNELLY, CONGRESSIONAL EARMARKS, LIM- H.J. Res. 6: Mr. BILBRAY and Mr. SULLIVAN. Mr. ROSKAM, and Mr. TANCREDO. H.J. Res. 54: Mr. PITTS, Mr. YOUNG of Flor- H. Res. 708: Mr. DOYLE. ITED TAX BENEFITS, OR LIM- ida, Mr. HELLER, and Mrs. MYRICK. H. Res. 715: Ms. GRANGER, Mrs. DRAKE, Mr. ITED TARIFF BENEFITS H. Con. Res. 81: Ms. BORDALLO, Mr. DAVIS REYNOLDS, and Mr. PETERSON of Minnesota. Under clause 9 of rule XXI, lists or of Illinois, Mr. DELAHUNT, and Mr. MCNULTY. H. Res. 726: Mr. PITTS, Ms. HIRONO, Mr. ING- statements on congressional earmarks, H. Con. Res. 215: Mr. PAUL, Mr. BOOZMAN, LIS of South Carolina, and Mr. WYNN. limited tax benefits, or limited tariff Mr. GILCHREST, Mr. BACHUS, Mrs. BIGGERT, H. Res. 727: Mr. SHADEGG. Mr. BOUSTANY, Mr. BRADY of Texas, Mr. H. Res. 754: Mr. MORAN of Virginia and Mr. benefits were submitted as follows: CRENSHAW, Mr. CULBERSON, Mr. TIAHRT, Mr. LEWIS of Georgia. The amendment to be offered by Rep- WELDON of Florida, Mr. ENGLISH of Pennsyl- H. Res. 759: Mr. KAGEN. resentative FLAKE or a designee to H.R. 505, vania, Mr. FRELINGHUYSEN, Mr. UPTON, Mr. H. Res. 760: Ms. LINDA T. SA´ NCHEZ of Cali- the Native Hawaiian Government Reorga- GERLACH, Mr. PETRI, Mr. CASTLE, Mr. fornia, Mr. EDWARDS, Mr. WALZ of Min- nization Act does not contain any congres- MCCOTTER, Ms. PRYCE of Ohio, and Mr. nesota, Mr. ALTMIRE, Mr. HASTINGS of Flor- sional earmarks, limited tax benefits, or lim- ENGEL. ida, Mr. MCNERNEY, Mr. LOEBSACK, Mr. MEEK ited tariff benefits as defined in clause 9(d), H. Con. Res. 230: Mr. ENGLISH of Pennsyl- of Florida, Mr. ROSS, Mr. BERRY, Ms. MAT- 9(e), or 9(f) of rule XXI. vania, Mr. BRADY of Pennsylvania, Mr. SUI, Mr. SHULER, Mr. MCGOVERN, Mrs. The amendment to be offered by Rep- LAMBORN, and Mr. BUYER. LOWEY, Ms. DELAURO, Mr. LARSON of Con- resentative GEORGE MILLER of California or a H. Con. Res. 234: Mr. CALVERT, Mr. WU, Mr. necticut, Mrs. BOYDA of Kansas, Ms. designee to H.R. 3685, the Employment Non- SIRES, Mr. INGLIS of South Carolina, and Mr. WASSERMAN SCHULTZ, Mr. FRANK of Massa- Discrimination Act of 2007, does not contain SHERMAN. chusetts, Mrs. CAPPS, Ms. WATSON, Mr. HIN- any congressional earmarks, limited tax H. Con. Res. 235: Mr. JORDAN, Mr. SOUDER, CHEY, Mr. WELCH of Vermont, Mr. LEVIN, Mr. benefits, or limited tariff benefits as defined and Mr. HENSARLING. ETHERIDGE, Mr. MARKEY, Mr. DOGGETT, Mr. in clause 9(d), 9(e), or 9(f) of rule XXI.

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HEARING ON ‘‘URANIUM CONTAMI- these compounds bears its own list of health IN MEMORY OF FLAVE NATION IN THE NAVAJO NA- effects. And each combination of two or CARPENTER TION’’ three or more of these compounds brings their own set of health effects. It could take generations just to completely understand HON. DENNIS J. KUCINICH the health effects of the contamination at all HON. MIKE ROSS OF OHIO of these sites in question. OF ARKANSAS IN THE HOUSE OF REPRESENTATIVES Making things worse, it is a formidable IN THE HOUSE OF REPRESENTATIVES Tuesday, October 23, 2007 challenge just to understand the magnitude of the contamination—so much so, it hasn’t Tuesday, October 23, 2007 Mr. KUCINICH. Madam Speaker, I submit even been done yet. No comprehensive re- for the RECORD a copy of my opening state- view of groundwater contamination at all of Mr. ROSS. Madam Speaker, I rise today to ment delivered before the Committee on Over- the mine sites has been done. No comprehen- honor the memory of Flave Joseph Carpenter sight and Government Reform on October 23, sive review for the presence of elevated lev- Sr., formerly of Arkadelphia, Arkansas, who 2007 on Uranium Contamination. els of radiation in Navajo houses has been passed away October 15, 2007, at the age of I want to thank and commend the Chair- done even though dozens are known to have 89. man for holding this hearing. Native Ameri- been built with radioactive materials. No cans have borne a disproportionate burden of comprehensive review of the health effects of Flave Carpenter spent his lifetime dedicated the toxic legacy from this country’s pursuit the contamination from the mines and mills to his family, his community and his country. of nuclear weapons and nuclear power. This has been done. There is no way we can begin He was born in Clark County and his affinity is a topic that has been important to me for to address the problem if we can’t define it. for the region he called home can be meas- a long time. In this classic environmental One estimate I’ve heard is that the entire ured by the enormous contributions he made justice story, we can see how long disadvan- cleanup could cost around $500 million. That to all the people and organizations he cham- taged peoples have been burdened with inhu- seems unrealistically low. Efforts just to pioned throughout his long life. He lived life to mane levels of contamination. And we see clean up the groundwater at three of the old how long it can take just to begin to undo the fullest and would always say yes when he mill sites on the Navajo nation are predicted the damage that such contamination brings. was called upon to help. to take 20 years. Already, the contamination The stories we will hear today will also has spanned generations and will span many Flave Carpenter spent 28 years serving in make clear that quests for power—be they more if we continue the current pace of the military, which encompassed tours in political or electrical—have no respect for World War II and Korea where he was hon- life and exact an unacceptable cost to human cleanup. health and the environment. The EPA guess- Some effects can’t be cleaned. Before the ored with multiple decorations including two es there are about 520 abandoned uranium mines were opened, the Navajo way of life Purple Hearts, two Bronze Stars and a Silver mines in the Navajo nation and 1,200 aban- was heavily dependent on natural resources, Star. Upon retirement, he returned to doned mines in the area. The Navajo nation which fostered a healthy respect for their en- Arkadelphia where he took his enthusiasm for is home to 5 old uranium mills. Each of the vironment. Not only did they rely on it for serving his country and shifted it into public mill sites and the mine sites represent a po- clean water and abundant food, but they in- service. Over the years, he gave everything tential groundwater contamination site in corporated it into their customs, their reli- he had to the city of Arkadelphia and Clark addition to being sources of air and soil con- gion, and their way of life. Carol Markstrom County by serving as the executive director of tamination. and Perry Charley pointed out in their chap- There are many potential exposure routes. several local businesses and organizations. ter of The Navajo People and Uranium Min- He was appointed by then-Governor Dale Children play in the water that accumulates ing, that the contamination of livestock, of in the radioactive tailing piles. Homes and the medicinal herbs they used, and the water Bumpers to the Arkansas Parks and Recre- hogans are built out of materials that are ra- bodies their children played in, changed the ation Commission and was later elected chair- dioactive. Wind-blown dust from the tailings view of the land. It was embraced and used man of the Arkansas Chamber of Commerce is inhaled. Groundwater is contaminated as the conceptual center for their way of life. Directors. His passion for public service was with uranium and its daughter products. After the contamination, they feared it. It is rewarded in 1984 when then-Governor Bill Wildlife and plantlife concentrate the con- hard to imagine how destabilizing it would Clinton inducted him into the Arkansas Parks tamination and become food for other wild- be if we thought radioactive contamination life or for Navajo living off the land. and Tourism Hall of Fame. In 2002, he re- permeated all that we rely on to be clean and Uranium can be toxic in two ways. First, ceived the esteemed Lifetime Leadership in safe. its properties as a chemical confer an ability Economic Development recognition by the Ar- to irreversibly destroy parts of the kidney Now, almost 60 years after the first ura- kansas Economic Developers. nium contamination began, there are cor- when acting in isolation. But, like lead and In addition to his civic leadership, Flave Car- mercury, it is a metal which interacts with porations who want to reopen some of these uranium in the human body. Native Ameri- very same mines and extract more uranium penter was also a man of devout faith. He was cans are known to experience disproportion- for nuclear power plants. a member of the First Presbyterian Church where he served as deacon and elder. He ately high levels of lead poisoning. And when Never mind the contamination already cre- uranium and lead both make their way into ated that we’re still trying to define, let also enjoyed the outdoors and the camara- a person, the toxic effect on the kidney could alone clean up. Never mind the permanent derie that came with hunting, experiencing na- be additive or even synergistic. social damage inflicted by this contamina- ture and the numerous recreational opportuni- Uranium is also toxic because it naturally tion. Never mind that nuclear power is no- ties the State of Arkansas offered. decays into other elements like radium, tho- where near economical. Never mind the lack rium and radon, each of which is also radio- I send my deepest condolences to his 3 of a viable and safe storage facility for the active. Radon alone is the number two cause children, Diane McKenzie of Colorado Springs, waste that will continue to be toxic for thou- of lung cancer in the U.S. behind smoking. sands of years. Colorado, Jan Davis of Brazil, South America, The industrial process of extracting and and Flave Carpenter Jr., of Searcy; his sister concentrating uranium uses a host of other I look forward to hearing from our wit- Carolyn Jane Berry of Arkadelphia; and to his highly toxic compounds like various acids nesses about plans for cleaning up the con- and cyanide, which are common mine tailing tamination in shortest possible timeframe. numerous grandchildren, great-grandchildren, contaminants. And of course there are the And I stand ready to do whatever I can to nieces, nephews and friends. Flave Carpenter other elements that co-occur with uranium not only help this process along, but to make will be greatly missed in Arkadelphia, Clark like arsenic and fluoride which are left be- sure we don’t do anymore damage by failing County and throughout the state of Arkansas, hind when the uranium is refined. Each of to learn our lessons from the past. and I am truly saddened by this loss.

● 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 Mar 15 2010 13:31 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR07\E23OC7.000 E23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 28053 THE FUTURE OF MEDICARE that left people without coverage for a pe- during the year—in one case by 28 percent. riod of time even though they were still pay- The same uncertainty is present in pre- ing premiums. We supported a bill that cre- dicting which month beneficiaries will hit HON. DENNIS J. KUCINICH ated a new prescription drug benefit that did the doughnut hole and be forced to pay all OF OHIO away with all those problems by keeping the your drug costs as if you had no benefit at IN THE HOUSE OF REPRESENTATIVES insurance industry out of the benefit and let- all. ting Medicare administer it. Clearly, Part D is more of a benefit for the Tuesday, October 23, 2007 As you know, we were not alone in our pharmaceutical and insurance industries Mr. KUCINICH. Madam Speaker, I submit fight. At the time, the Center for Economic than retirees and the disabled. The Part D for the RECORD a copy of my speech delivered and Policy Research released a study show- provisions of the Medicare bill alone guaran- at the summit on the future of Medicare on ing that even if we took the modest step of teed $139 billion in guaranteed profits for the October 19, 2007. allowing Medicare to negotiate drug prices, pharmaceutical industry, which amounts to we would save so much money that we would 61 percent of the total spending in the bill Good afternoon. I want to thank each of be able to cover every single beneficiary for prescription drugs, according to Boston you for coming to discuss one of the issues with no co-payments, no deductibles, and no University School of Public Health. Even so, that reflects the values of this country— premiums . . . and still have $40 billion dol- Part D is not where the real money is. The health insurance for retirees and the dis- lars left. real money is in the Medicare Advantage, abled. I want to especially thank the Senior Oversight and Government Reform Com- the HMOs, PPOs, PFFSs and other alphabet Voice Coalition, a group of organizations and mittee report on Part D.—I am sad to say soup of private plans offered through Medi- passionate individuals who are truly the that we were right. Just this Monday, the care as an alternative to traditional Medi- grassroots leaders in organizing around Committee on Oversight and Government care. I’d like to talk a bit about these plans issues affecting seniors in our community. Reform released a study, which was re- now. Before I begin, please know that while there quested by a handful of my colleagues and MEDICARE ADVANTAGE are many issues of importance, we will only me, on the performance of Part D so far. It be talking about Medicare at this summit Medicare Advantage plans have been in ex- found three things. First, it confirmed the istence for several years now, but the 2003 today. If there are other issues on your mind, most obvious concern; that administrative I would be happy to discuss them with you if Medicare Modernization Act has drastically costs are far higher than they should be. accelerated privatization. Lets take a look there is time after. This was expected because of the forced in- Many of you recall that I held 13 town hall at how the plans have done, starting with clusion of the insurance industry in the ben- how they deal with customers. I’ll start with meetings in 2005 during the Social Security efit. The insurers reported administrative privatization debate. At these town halls, I their efforts to sign you up and then we’ll expenses, sales costs, and profits of almost $5 see how they treat you after you’re already presented detailed information on the rea- billion in 2007—including $1 billion in profits sons why I rejected the notion advocated by on the plan and are requesting coverage. alone. The administrative costs of the Marketing.—An October 7 article in the the President and some in Congress that privatized Part D program are almost six New York Times conducted their own review there was a ‘‘crisis’’ in the solvency of the times higher than the administrative costs of 91 federal audits of privately run Medicare combined Old Age, Survivors, and Disability of the traditional Medicare program. plans—both Medicare Advantage Plans as Insurance Trust Fund. We were told that to The second finding was that the insurance well as Part D plans. They found that ‘‘tens correct this manufactured crisis, the best so- industries were not doing a good job of nego- of thousands of Medicare recipients have lution was to privatize Social Security. Even tiating with the pharmaceutical companies been victims of deceptive sales tactics.’’ if there was a ‘‘crisis,’’ which did not actu- to lower prices. One of the main rallying They also found that ‘‘since March, Medicare ally exist, according to both the Social Secu- cries of the Part D privatization effort was has imposed fines of more than $770,000 on 11 rity Administration and the Congressional that the private insurers could be more effec- companies for marketing violations and fail- Budget Office, the worst solution would be to tive negotiators than Medicare. Turns out to ure to provide timely notice to beneficiaries drain the trust fund more quickly and there- not be true. Now, instead of negotiating for about changes in costs and benefits.’’ I want fore undermine the entire program. lower prices, the insurers negotiate for re- Folks, we are on the verge of a very simi- to read you 2 other quotes from that article bates from the drug companies, which is to round out the picture. ‘‘In July, Medicare lar debate today with Medicare, our nation’s what the Part D law calls for. The com- other social insurance program. There is a terminated its contract with a private plan mittee investigation found that drug price in Florida after finding that it posed an ‘im- symbiotic relationship between Social Secu- rebates negotiated by the insurers reduce rity and Medicare. But unlike with Social minent and serious threat’ to its 11,000 mem- Medicare drug spending by just 8.1 percent. bers.’’ ‘‘Medicare officials said that compli- Security, much of Medicare has already been In contrast, rebates in the Medicaid program privatized. Today I want to explore that with ance problems occurred most often in two reduce drug spending by 26 percent, over areas: marketing, and the handling of ap- you by looking at two different Medicare three times as much. Because of the dif- programs that have been the cornerstones of peals and grievances related to the quality of ference in the size of the rebates, the trans- care.’’ That stands to reason since that is efforts to privatize Medicare to see how they fer of low-income seniors from Medicaid drug have performed. First, we’ll look at the where the profit is made. coverage to Medicare drug coverage will re- Humana is a good case study. Humana, Medicare prescription drug plan, also known sult in a $2.8 billion windfall for drug manu- which is the second-largest provider of Medi- as ‘‘Part D,’’ which leaves enrollees no facturers in 2007. Furthermore, the insurers care Advantage plans, was required to fulfill choice but to go through the extraneous in- receive no rebates or other manufacturer dis- corrective action plans for 300 different vio- surance companies. Second, Medicare Advan- counts for three-quarters of the drugs used lations. The Center for Medicare and Med- tage shoehorns in the option to have private by seniors. icaid Services or CMS administers Medicare. insurance industry middlemen to dole out And the third finding was that when insur- Their audit results for Humana included health care according to what is profitable. ers do actually get a rebate from the drug findings that marketing agents were not PART D companies, rather than passing the savings trained or supervised, enrollees were not in- In 2003 came the single biggest Medicare on to seniors in the form of lower prices, formed of changes to plan formularies (list of privatization effort to date, the Medicare they keep the money for themselves! This covered drugs), and enrollees were not pro- Modernization Act. It passed the House of year alone, the private insurers will receive vided with explanations for claims denials or Representatives only because the then-Ma- $1 billion in rebates on purchases that sen- appeal rights when their claims had been de- jority party held open a 15 minute vote for iors pay for out of their own pockets, thanks nied. This is the same company that gained over three hours in the middle of the night to the doughnut hole. But beneficiaries con- 4 million new policy holders and reported to so they could strong-arm their way to a pass- tinue to pay premiums. stockholders in April that it had amassed ing vote. Not only did it create an entirely Unpredictability in Part D.—Another prob- ‘‘record- breaking revenues,’’ according to an private, chaotic prescription drug program, lem with Part D as it has been implemented article in ‘‘The Nation.’’ Keep in mind that but it also dramatically increased subsidies is that stability is lost. Much like with cor- this company pays its agents a commission to Medicare Advantage plans. porate pension scandals, instead of receiving five times greater for enrolling individuals Several of us in Congress warned of what a guaranteed benefit, those enrolled in Medi- into their Medicare Advantage plan than the we were buying into with Part D. We warned care Part D only receive a guaranteed bill to commission they receive for enrolling them against the forced inclusion of the unneces- pay. Instead of being able to have peace of into a stand-alone prescription drug plan. sary middleman—the insurance industry— mind when it comes to whether or not drugs Similar arrangements are true for other and its likely effects on cost and access to prescribed by a doctor will actually be cov- leading insurers like United Health Care, meds. We warned about CMS’ inability to ne- ered, a state of financial nervousness and un- Aetna, and Blue Cross and Blue Shield. But gotiate drug prices like the VA does. We certainty is par for the course with Medicare why would they do that? warned of a benefit that was far too complex. Part D. A consumer’s Union study found that Big insurance companies are quite eager to We warned of the now famous doughnut hole most insurers raise the cost of their drugs sign up people for Part D plans. But Part D

VerDate Mar 15 2010 13:31 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00002 Fmt 0689 Sfmt 0634 E:\BR07\E23OC7.000 E23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28054 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 October 23, 2007 plans are nothing compared to the profit to Out of pocket costs.—Medicare Advantage type of plan is also the least efficient of all be made in Medicare Advantage. So insurers insurance companies make money when they Medicare Advantage plans. They cost, on av- offer low price Part D plans in order to get shift the costs onto you and me. One of the erage, 19 percent more than traditional fee their foot in the door with those who were on ways they do that is by providing incomplete for service Medicare. Where does all that traditional Medicare. Then they aggressively insurance or underinsurance. They can offer money that should go to health care, actu- marketed their Medicare Advantage plans, meager coverage in specific unnoticeable ally go? MedPAC found that half of the over- too often using the unscrupulous tactics I areas that only matter if you get the illness payments go directly to profits, marketing, just described. Such marketing tactics are that isn’t covered well. Because Medicare and administrative costs. That’s worth re- especially effective when the plans are so Advantage plans are not required to be peating. Half of the overpayments go di- complex, the customer is easily fooled. In standardized—meaning different companies rectly to profits, marketing, and administra- Humana’s case, the tactics worked. They are not required to offer the same plan struc- tive costs. were a relatively small company before the ture and compete only for price—these com- These private fee for service plans aren’t prescription drug plan and the Medicare Ad- panies can skew their plans to maximize the only ones to get corporate welfare. The vantage push. But they were able to get their profits and decrease benefits. One trag- PPO ‘‘stabilization’’ fund is a slush fund de- 100,000 people to move to Medicare Advan- ic result is that people in more need of serv- signed to encourage growth of new regional tage plans. An insurance consultant said ‘‘an ices, especially those in need of physician- PPOs of 10 billion dollars over 10 years. additional 100,000 people contributing to top administered chemotherapy drugs and dialy- That’s in addition to general subsidies for line revenue is not insignificant—it’s an sis services, pay more under Medicare Ad- Medicare Advantage plans. But in 2006, 88 extra billion dollars.’’ vantage than they would under traditional percent of beneficiaries had access to a re- Customer Service.—Now that’s just the Medicare for less service, Their out-of-pock- gional PPO. So subsidies for growth are un- marketing. What do they do when they have et costs are unexpectedly and dangerously necessary. Even MedPac recommended elimi- you? The New York Times article found that high. This is one of the biggest health care nating the slush fund. both Medicare Advantage and Part D enroll- problems that we don’t hear enough about. I mentioned earlier that Medicare Advan- ees ‘‘had claims improperly denied by pri- About half of all bankruptcies in this coun- tage Plans are lucrative for insurance com- vate insurers.’’ Some examples of other prob- try are related to medical bills. Of those panies. UnitedHealthcare will make about 11 lems found include ‘‘the improper termi- medical bankruptcies, 75 percent of the peo- percent of its net income for 2007 from Medi- nation of coverage for people with H.I.V. and ple had insurance before they got sick. But care Advantage. That number is 66 percent AIDS, huge backlogs of claims and com- because their insurance still allowed them to for Humana. Between 2005 and 2006, when a plaints, and a failure to answer telephone go bankrupt, it was clearly lacking. Profit- lot of these subsidies took effect, United and calls from consumers, doctors and drug- able, but lacking. Humana saw increases in revenue of over 50 stores.’’ For those of you that have seen Sicko, the percent. WellPoint saw an increase of 27 per- WellPoint, an Indianapolis-based company Michael Moore movie about health care, you cent. When there is so much money at stake, that covers 360,000 members under Medicare, know that another way insurance companies it is very cost effective to have not only a had a backlog of 354,000 claims under its make money is to deny benefits, which is big marketing push, but also a strong lob- Medicare plans. Auditors logged an average done in spades under Medicare Advantage. bying army to make sure your Congressional wait time of 27 minutes to answer enrollee The Medicare Rights Center who collects subsidies don’t go away. That is what they phone calls and a 16-minute wait time to re- many Medicare Advantage complaints told do. spond to provider calls. Of the more egre- the story of an 80 year old man enrolled in a GENERAL DISCUSSION gious offenses, Sierra Health, based in Las private Medicare plan called HealthSpring. There is a race in the health insurance Vegas, wrongfully terminated drug coverage He had a heart attack and went to the hos- world to determine who can provide the low- for 2,300 HIV-positive Medicare Advantage pital. All of his claims were denied because est quality benefits for the highest possible enrollees, improperly claiming they had de- he didn’t get prior authorization from the cost that consumers, companies, and the faulted on plan premiums. plan to enter the hospital. His hospital bills government will accept. Fewer options, not more.—Medicare Ad- now top $87,000. Seniors and disabled individuals who have vantage advocates often speak of the greater Propping Medicare Advantage up.—You contributed to Medicare from a lifetime of choice in their plans as opposed to tradi- would think that since Medicare Advantage work deserve to have simple, clearly defined tional Medicare. I don’t think you can have beneficiaries are getting such an inferior benefits which do not change from month to more choice than to be able to choose from product, that it would cost less. It is not so. month, year to year. We should not be pay- any doctor, which is the case with tradi- As with Part D, Medicare Advantage is far ing companies exorbitant administrative tional Medicare, but we’ll take a look any- more costly than traditional Medicare. Both costs and overpayments that maximize prof- way. the Medicare Payment Advisory Commission it margins in order to put beneficiaries, ben- As with Part D plans, there are countless (MedPAC) and the Congressional Budget Of- efits at risk. All of this is the case with the stories of beneficiaries seeing changes to fice (CBO) report that for 2007, it costs tax- private Medicare Advantage and Medicare their plan midyear, including cost increases, payers 12 percent more (on average) to cover Part D, and it should be stopped. dropping certain drugs from formularies, or beneficiaries enrolled in private Medicare The best, most efficient way to ensure all doctors dropping out from frustration with Advantage Plans than under traditional Medicare beneficiaries will always have real, the plans. In fact, Medicare Advantage plans Medicare. That is an extra $149 billion over reliable, and complete benefits is to end pri- talk a lot about their extensive network of 10 years. The Chief Medicare Actuary has vate involvement in Medicare. That’s why I, doctors but customers frequently find that said that the beneficiary enrolled in tradi- along with John Conyers of Michigan, coau- when try to go to one, the docs won’t take tional Medicare pays an extra $24 per person thored the Expanded and Improved Medicare Medicare Advantage customers. Many doc- this year because of overpayments to Medi- for All Act, H.R. 676, back in 2003. HR 676 tors don’t like it because of the low pay and care Advantage. This overspending also cuts captures the enormous savings to be had if because of the insurance industry second- years off the life of the Medicare trust fund Americans had health care provided through guessing their diagnoses and choices for pro- and diverts money away from hospital and Medicare and uses them to cover everyone viding care. Even though all these changes acute care services, While the Social Secu- for all medically necessary services with no can be made at any time in the enrollment rity trust fund can pay 100 percent of bene- copayments, no deductibles and no pre- cycle, beneficiaries can only switch plans fits until at least the year 2041 without any miums. This bill would strengthen Medicare once per year. changes whatsoever, the Medicare Hospital by removing the for-profit interests, de- Some argue that Medicare Advantage of- Insurance (or HI) Trust Fund can pay 100 per- crease the financial burden to beneficiaries, fers a better quality of care than traditional cent of claims only until the year 2019, based and increase the quality of care—all without Medicare. The Congressional Budget Office on current actuarial assumptions, in large the confusing maze that privatized Medicare disagrees, stating ‘‘though Medicare Advan- part because of privatization. has become today. There is enough money tage plans cost more than care under the fee- Not only is the program inefficient, but it that America spends in health insurance and for-service program does, on average, they is growing steadily. According to the Con- health care today to cover everybody. Every would be more cost-effective if they deliv- gressional Budget Office, 18 percent of cur- year, $2.2 trillion is spent, and only about 69 ered a sufficiently higher quality of care . . . rent Medicare beneficiaries are enrolled in a cents out of every dollar actually goes to The limited [quality] measures available Medicare Advantage plan. This number is ex- providing health care services. We are all suggest that Medicare Advantage plans are pected to increase to 26 percent by 2017. The paying for universal health coverage, we just not more cost-effective than the fee-for-serv- biggest growth—about 650 percent since aren’t getting it. ice program.’’ 2005—has been in enrollees in the private fee Congress will be required to hold hearings Those enrolled in Medicare agree, as tradi- for service plans which have enjoyed exclu- on and propose changes to Medicare due to tional Medicare beneficiaries are less likely sive access to major subsidies from Congress the financial situation of the program which to have problems accessing specialists, ac- as well as exceptions to standards of quality privatization has created. I intend to use cording to MedPAC. care. Unfortunately, the fastest growing this opportunity to emphasize the best, most

VerDate Mar 15 2010 13:31 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR07\E23OC7.000 E23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 28055 comprehensive, and most cost efficient way Conference. He even rose to the level of be- briel in 1998 to serve as chief deputy director to strengthen benefits for those enrolled in coming a certified lay speaker within the of the California Department of Industrial Rela- Medicare—H.R. 676. United Methodist Church. In addition, he was tions. What’s happening in Washington.—Many of you know an early version of a bill to pro- actively involved with numerous local organi- Roy’s involvement with California farming vide health insurance to millions of children zations where he devoted his time and heart- has spanned 30 years. Throughout his life- through a program called SCHIP, also called felt energies to others. These included the time, he has been a tireless voice in support for cuts to one of Medicare Advantage slush Grant County Fair Board, the Grant County 4– of the valley’s immigrant population. In the funds I mentioned earlier. I supported that H Club, the Southeast Arkansas District De- eighties, Roy helped more than 50,000 work- bill but the insurance industry mounted an velopment Cooperative and the Sheridan Ma- ers apply for legal immigration status under expensive and aggressive lobbying campaign sonic Lodge. the Federal Immigration Reform and Control that ensured their slush fund stayed in place. Perhaps my fondest memories of Earl Paty, Act of 1986. Like me, Roy believed the current Now there is talk of using that slush fund money to pay for maintaining Medicare pay- Jr., are the many discussions we had over the agriculture labor shortage to be a crisis and ments to doctors as opposed to allowing years about politics, as he well understood fought to bring attention to the issue and enact scheduled cuts of about 10 percent to take how a career in public service could positively reform legislation like AgJobs. The agricultural place. affect the lives of thousands. I always admired labor reform movement has lost a great cham- H.R. 676 now has 85 cosponsors and is the his fervor for politics which took him up the pion in his passing. only national health care reform bill that ladder from chairman of the Grant County We also shared a passion for rail transpor- has an entire national movement behind it. Democratic Party to the Executive Director of tation. He was not only an avid historian of There are two national non-profit organiza- the Senior Democrats of Arkansas. His con- nineteenth and twentieth century rail develop- tions and several regional organizations de- voted to its passage. And it has the official tributions to the Democratic Party were recog- ment, but he was respected for his knowledge backing of 93 Central Labor Councils, includ- nized in 2003 when he was honored with the and opinions on the subject matter. Roy was ing several Cleveland and Ohio unions as distinguished Harold Jinks Democratic Memo- also an active supporter of today’s national well as cities and states across the nation. rial Award. In fact, it was Earl Paty, Jr., who high speed and inner-city passenger rail ef- There is the possibility of implementing an inspired me, through his passion and love of forts. For all these reasons, we will miss him interim measure of providing a prescription politics and public service, to seek elected of- dearly. drug benefit that gets rid of the insurance fice and run for the seat I now hold as U.S. Mr. Gabriel’s leadership and dedication will companies and lets the benefit be adminis- continue to inspire Californians for many years trated by Medicare. Doing so would clearly Representative of Arkansas’s Fourth Congres- lower costs, increase access and increase sional District. For that, I am forever grateful. to come. A man of great principle and integ- quality. But I would like to hear what you He was a man I truly looked up to and ad- rity, his passion and enthusiasm has touched think of that idea. Would people be willing mired and I am blessed to have been able to many lives, including my own. It is with fond to give up their privatized plans for more call Earl a dear friend. sadness that I remember and honor the life of plans that give greater security and cov- I send my deepest condolences to his wife my colleague and friend, Mr. J. Roy Gabriel. erage? of 53 years, Betty Sue Autrey Paty; his chil- f And while I’m asking for your input, I’d dren Patricia Knighten, David Paty, and Leslie like to ask you about another related issue PERSONAL EXPLANATION that has recently come up. As I understand Tannahill; his 2 sisters Sue Walker and Faye it, Ohio Public Employees Retirement Sys- Welch; and his 9 grandchildren, 2 great grand- tem (OPERS) has announced that it will children and numerous nieces and nephews. HON. TIMOTHY V. JOHNSON shift from offering two traditional Medicare Earl Paty, Jr., will be greatly missed in Sheri- OF ILLINOIS plans to offering one traditional Medicare dan, Grant County and throughout the state of IN THE HOUSE OF REPRESENTATIVES plan and one Medicare Advantage plan. I am Arkansas, and I am truly saddened by this Tuesday, October 23, 2007 concerned about this choice and would like loss. to hear from you about it. f Mr. JOHNSON of Illinois. Madam Speaker, I know you all have been waiting for the unfortunately yesterday, October 22, 2007, I opportunity to ask questions and share your IN REMEMBRANCE OF J. ROY was unable to cast my votes on H.R. 189, comments, so let’s transition to that right GABRIEL now. H.R. 523, and H. Res. 76. Had I been present for rollcall No. 983 on f HON. JIM COSTA suspending the rules and passing H.R. 189, IN MEMORY OF EARL PATY, JR. OF CALIFORNIA the Paterson Great Falls National Historical IN THE HOUSE OF REPRESENTATIVES Park Act, I would have voted ‘‘aye’’. Had I been present for rollcall No. 984 on HON. MIKE ROSS Tuesday, October 23, 2007 OF ARKANSAS suspending the rules and passing H.R. 523, Mr. COSTA. Madam Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES the Douglas County, Washington, PUD Con- honor the life and dedication of Mr. J. Roy Ga- veyance Act, I would have voted ‘‘aye’’. Tuesday, October 23, 2007 briel, director of labor affairs for the California Had I been present for rollcall No. 985 on Mr. ROSS. Madam Speaker, I rise today to Farm Bureau Federation and chief operating suspending the rules and passing H. Res. honor the memory of my dear friend Earl Paty, officer of the Farm Employers Labor Service. 762, Supporting the goals of National Bullying Jr., of Sheridan, Arkansas, who passed away Roy passed away suddenly this month in our Prevention Awareness Week, I would have October 17, 2007, at the age of 76. Nation’s Capital while representing the agricul- voted ‘‘aye’’. Earl Paty, Jr., was a lifelong resident of tural community on the issues he found most f Grant County where he built a solid foundation near and dear to his heart. His service and of community service that impacted countless commitment to California agriculture and his PERSONAL EXPLANATION lives and will forever be remembered by all passion and joy for life will be sorely missed. who knew him. Whether serving others during A native of southern California, Roy at- HON. JEFF MILLER his 40-year career at International Paper Co., tended California Polytechnic University, San OF FLORIDA or through his involvement with numerous Luis Obispo where he earned a degree in Ag- IN THE HOUSE OF REPRESENTATIVES local and state organizations, he devoted his ricultural Business Management and a tech- lifetime to selflessly giving back to the citizens nical certificate in crops production. Armed Tuesday, October 23, 2007 of Grant County and the State of Arkansas to with this knowledge and a love for farming, Mr. MILLER of Florida. Madam Speaker, I make the world a better place. Roy became active in local politics, honing his would like to offer a personal explanation of Earl Paty, Jr., was a devout man of faith negotiating skills. In 1973, he joined the Cali- the reason I missed rollcall vote Nos. 983 and a member of Moore’s Chapel United fornia Farm Bureau as a legislative assistant through 985 on October 22, 2007. I was in my Methodist Church. He took great pride in serv- and began his life long commitment to the bet- district attending a family funeral. ing the church and congregation on the Ad- terment of agriculture in California. Recog- If present, I would have voted: rollcall vote ministrative Board, as a Sunday School teach- nizing Roy’s breadth of experience and polit- No. 983, H.R. 189, establishing the Paterson er and as a delegate to the Arkansas Annual ical prowess, Gov. Pete Wilson appointed Ga- Great Falls National Park in the state of New

VerDate Mar 15 2010 13:31 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR07\E23OC7.000 E23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28056 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 October 23, 2007 Jersey, ‘‘nay’’; rollcall vote No. 984, H.R. 523, CONGRATULATING ALICE EASON The Cooperative Threat Reduction, CTR, requiring the Secretary of the Interior to con- BALLANCE Program, commonly referred to as Nunn- vey certain public land located wholly or par- Lugar, was created to address the threat tially within the boundaries of the Wells Hydro- HON. G.K. BUTTERFIELD against global security resulting from the dis- electric Project of Public Utility District No. 1 of OF NORTH CAROLINA solution of the Soviet Union and loss of control Douglas County, Washington, to the utility dis- IN THE HOUSE OF REPRESENTATIVES over weapons of mass destruction. Just think trict, ‘‘aye’’; rollcall vote No. 985, H. Res. 762, what could have happened without Nunn- supporting the goals of National Bullying Pre- Tuesday, October 23, 2007 Lugar—since the program’s inception in 1992 vention Awareness Week, ‘‘aye’’. Mr. BUTTERFIELD. Madam Speaker, nearly 7,000 nuclear warheads and 2,000 mis- please join me in recognizing and congratu- siles have been decommissioned. Nunn-Lugar f lating Alice Eason Ballance of Winsor, North also provides critical funding for security up- Carolina. Mrs. Ballance was recently named grades and conversion of many former nuclear IN HONOR OF THE 25TH ANNIVER- as this year’s Experience Works Prime Time and biological weapons facilities. SARY OF THE GREATER SPO- Award recipient for North Carolina. This na- Along with Senators Sam Nunn and RICH- KANE SUBSTANCE ABUSE COUN- tional award program honors individuals over ARD LUGAR, Dr. Bill Potter has devoted his CIL the age of 65 who continue to make meaning- academic life to nonproliferation issues as the ful contributions in the workplace, and who director of the Center for Nonproliferation best reflect the characteristics of leadership, Studies at the Monterey Institute of Inter- HON. CATHY McMORRIS RODGERS learning, mentoring and contributing to the na- national Studies. Under Dr. Potter’s leader- ship, the center is world renowned as a nexus OF WASHINGTON tion and their local communities. Mrs. Ballance is highly deserving of this for nonproliferation education, resources, and IN THE HOUSE OF REPRESENTATIVES honor after a lifetime centered on helping oth- policy information. For over 9 years, the center ers, particularly those who need assistance has published The Nonproliferation Review, Tuesday, October 23, 2007 the most. She continues to work hard each the leading international journal in the field, Mrs. McMORRIS RODGERS. Madam day to help the poor and disadvantaged in and other significant publications on various Speaker, I rise today to honor the Greater eastern North Carolina and has realized many nonproliferation topics by international experts Spokane Substance Abuse Council (GSSAC) successes along the way. and practitioners. The center nonproliferation as they celebrate 25 years of service to the Mrs. Ballance understood the power of vot- databases and website have become known Spokane community. In 1982, local policy- ing and mounted a highly successful voter among analysts, government experts, and the makers and citizens joined together to take a registration drive where she personally taught media as reliable sources of objective informa- stand against the devastation of drugs and vi- people to read to enable them to overcome lit- tion on cutting-edge policy issues, as well as olence. Through their efforts, GSSAC now eracy tests. Among her many accomplish- a broad range of technological and regime-re- runs programs and collaborative efforts that ments, she has helped displaced share- lated questions. are empowering our youth, focusing on pre- croppers find housing, worked to open the Dr. Potter is a global leader on nonprolifera- vention of substance abuse and violence and welfare system to anyone who needed assist- tion issues. He has authored or edited 14 solving the problem of meth abuse in our com- ance, and developed poverty and jobs pro- books and has contributed chapters and arti- munity. grams. cles in over 90 scholarly books and journals. She has been recognized many times for He has served as a consultant to the Arms At the core of the GSSAC Prevention Cen- her selfless efforts, with honors including the Control and Disarmament Agency and the ter mission is a desire to equip those in need Long Leaf Pine Award from former North RAND Corporation. His present research fo- with the knowledge and skills to make positive Carolina Governor James Hunt, a Community cuses on nuclear terrorism and on proliferation choices in their life. They work to unite and Service Award from former President Bill Clin- issues involving post-Soviet states. He is a support the community through fostering posi- ton and the Nancy Susan Reynolds Award for member of the Pacific Council on International tive attitudes and behaviors. Most of all, they Extraordinary Leadership. Policy, the International Institute for Strategic encourage, facilitate, initiate and assist all Today, the 88-year-old Mrs. Ballance still Studies, the Council on Foreign Relations and people, groups and organizations in finding works 9 hours each day as the director of served for 5 years on the U.N. Secretary-Gen- solutions to alcohol, tobacco and other drug Kiddie World—Mary Alice Day Center over- eral’s Advisory Board on Disarmament Re- abuse. seeing the delivery of daycare services to 150 search. Over the 25 years that GSSAC has served children and 25 adults. She is an energetic in- Madam Speaker, Dr. Potter’s work on non- the greater Spokane community, they have spiration to all who know her. Mrs. Ballance proliferation and disarming weapons in the accomplished many milestones. The staff and embodies the true spirit of commitment and former Soviet Union and locating ‘‘loose volunteers of GSSAC give their time and re- compassion; she has given all that she can to nukes’’ has contributed significantly to our sources through a variety of programs like the her community. global security. I can think of no one more Spokane County Meth Action Team, Wash- The communities in eastern North Carolina worthy of the honor of the first endowed Nunn- ington Drug-Free Youth and Prevention in are better for Mrs. Ballance’s efforts, so it is a Lugar professorship in the world devoted to Practice. They also help to disseminate infor- great honor for me to recognize the success nonproliferation study than Dr. William C. Pot- mation about drug abuse and prevention and achievements of this outstanding resident ter. It is my honor to consider Dr. Potter a through their Information Clearing House. of the First Congressional District of North friend. GSSAC has become a model of impact an Carolina. f f organization can have when they invest in IN TRIBUTE TO LOURDES their community. Through the message of pre- IN HONOR OF DR. WILLIAM C. CASTILLO-URIBE, PRINCIPAL OF vention, focusing on education, and reducing POTTER THE YEAR 2007 the stigma of treatment and recovery, they are teaching others that it truly does take commu- nity wide involvement to accomplish goals. HON. SAM FARR HON. GWEN MOORE OF CALIFORNIA OF WISCONSIN Madam Speaker, I rise today to congratulate IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES the dedicated staff and volunteers of Greater Spokane Substance Abuse Council on 25 Tuesday, October 23, 2007 Tuesday, October 23, 2007 years of influential service to our community. Mr. FARR. Madam Speaker, I rise today to Ms. MOORE of Wisconsin. Mr. Speaker, I I invite my colleagues to join me in com- congratulate Dr. William C. Potter, director of rise today to recognize a compassionate lead- mending them for continuing on with their vi- the Center for Nonproliferation Studies, CNS, er, an educator, and an advocate for children, sion to make Spokane a safer place to live, at the Monterey Institute of International Stud- Ms. Lourdes Castillo-Uribe. Ms. Castillo-Uribe and raising awareness on how we can prevent ies, MIIS, for holding the first Nunn-Lugar has served as principal at Escuela Vieau substance abuse in our communities. Chair in Nonproliferation Studies. School for 15 years. Vieau School serves

VerDate Mar 15 2010 13:31 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR07\E23OC7.000 E23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 28057 Head Start through 8th grade children, 96 per- sion. Alden has been a fixture in Maine’s cul- It was 6 months before the public was in- cent of whom are of Hispanic descent. Ms. tural landscape for over 3 decades. formed of Yeager’s achievement. He nonethe- Castillo-Uribe achieved a 95 percent attend- Under Alden’s leadership, the Maine Arts less became a hero and was labeled the ‘‘fast- ance rate at Vieau School, even though 69 Commission has become an example for simi- est man alive.’’ It was a name he did his best percent of the students are bussed. Vieau lar commissions in other states to follow. One to live up to, continuing to fly faster and higher School is the only P–5 DPI program and bilin- of the keys to the Commission’s success has than anyone. Over the course of his career gual school recognized as high achieving by been Alden’s ability to bring together artists, Yeager rose through the ranks, commanding the Milwaukee Public School district. community members, and policy makers to fighter bombing squadrons during the Korean Ms. Castillo-Uribe prioritizes knowing the focus on common goals. and Vietnam wars and mentoring up and com- students, their families and their challenges The arts are a fundamental building block in ing pilots at the Aerospace and Research Pilot such as lack of healthcare and food insecurity. our regional economies and are vital to our School. For example, 95 percent of Vieau School stu- communities. Serving as director of the Maine Chuck Yeager’s life of service is a model for dents qualify for free or reduced lunch. Ms. Arts Commission for 33 years, Alden focused all Americans and by breaking the sound bar- Castillo-Uribe knows a positive early school the group on the cultivation of Maine’s creative rier he inspired the next generation of heroes experience strongly influences the future aca- economy. In large part because of Alden, to grand achievements of their own, including: demic success of children in poverty. She sets Maine enjoys a vibrant arts landscape that the space program and the Moon landing. high expectations for students and teachers spreads to every corner of the state. Just as was the case in 1947, our Nation and encourages creative thinking from teach- Alden leaves an organization with a strong today continues to face unprecedented chal- ers. She instituted the High Scope model for vision and a record of success. I have had the lenges, but we should find strength from this family involvement, providing daily opportuni- joy of working with Alden during my time in moment in history and from heroes like Chuck ties for parental involvement in the academic the Maine State Legislature, and now, while Yeager that our nation will continue to break and social lives of their children during school serving in Washington. new barriers and reach new heights. hours and after school in their Community I wish Alden the very best in the future as f Learning Center. he pursues new opportunities. PERSONAL EXPLANATION For her commitment to our children and for f her many efforts and gifts, the Wisconsin De- partment of Public Instruction and the Associa- TRIBUTE TO MAJOR GENERAL HON. ALBIO SIRES tion of Wisconsin School Administrators CHARLES ELWOOD ‘‘CHUCK’’ OF NEW JERSEY named Ms. Castillo-Uribe as Principal of the YEAGER IN THE HOUSE OF REPRESENTATIVES Year from the Milwaukee Public School sys- Tuesday, October 23, 2007 tem for 2007. HON. SHELLEY MOORE CAPITO Mr. SIRES. Madam Speaker, on October Ms. Castillo-Uribe’s belief in ongoing profes- OF WEST VIRGINIA 22, 2007, I missed rollcall vote Nos. 983, 984, sional development for teachers has lead IN THE HOUSE OF REPRESENTATIVES and 985. Had I been present, I would have Vieau School to become a training and profes- Tuesday, October 23, 2007 voted ‘‘yes’’ on rollcall 983, ‘‘yes’’ on rollcall sional coaching school. Instructional Practice Mrs. CAPITO. Madam Speaker, I rise today 984, ‘‘yes’’ on rollcall 985. In addition, I want Inventory, IPI, is a new initiative focusing on to express my strong support for H.R. 189, both high expectations and best practices for to honor Major General Charles Elwood ‘‘Chuck’’ Yeager and the 60th Anniversary of legislation introduced by Congressman BILL teachers. All the classroom teachers at Vieau PASCRELL to establish the Paterson Great are guided and mentored by teachers who are breaking the ‘‘Sound Barrier.’’ Both the accom- plishment and the man responsible for it serve Falls National Park in Paterson, New Jersey. trainers and coaches for IPI. I regret having missed the opportunity to cast Ms. Castillo Uribe has formed a number of as lessons in what we can achieve as a na- tion. a vote in favor of the establishment of this private/public partnerships to provide pro- park, which will provide all northern New Jer- grams for students. The partnerships include: In 1947, when young Captain Yeager raced across the sky faster than the speed of sound, sey residents as well as all Americans contin- the Helen Bader Foundation, Medical College ued access to this historic landmark. of Wisconsin, Alverno College, Hispanic the United States was still new to its role as f Chamber of Commerce, United Migrant Op- a world power. The sound barrier represented portunities Services, UMOS, Wisconsin His- a principle of nature. By breaking it, Yeager TRIBUTE TO LIEUTENANT RONALD panic Scholarship Foundation, Mexican Fiesta, showed the world America’s endless potential PHILLIP ALLEN, JR. Milwaukee Symphony Orchestra, and Wis- for innovation. consin Hispanic Professional Association. Yeager’s early life prepared him well to be- HON. MIKE McINTYRE come a fighter pilot. Born in Boone County, Ms. Castillo-Uribe graduated cum laude with OF NORTH CAROLINA West Virginia, he grew up hunting and working a bachelor’s degree in elementary education IN THE HOUSE OF REPRESENTATIVES and a master’s degree in curriculum and in- in his father’s repair shop. These skills later struction from the University of Wisconsin-Mil- served him well as a pilot. At the tender age Tuesday, October 23, 2007 waukee. of 18, Yeager enlisted in the Army Air Corps. Mr. MCINTYRE. Madam Speaker, I rise Madam Speaker, for these reasons, I am Yeager served as a pilot in England during today to pay tribute to LT Ronald Phillip Allen, honored to pay tribute to M. Castillo-Uribe who World War II. On one mission, he was shot Jr. of Tar Heel, North Carolina, for serving his has dedicated her life toward educating and down over France. Showing remarkable resil- community as a dedicated volunteer with the improving the lives of the children in the ience he evaded capture and returned to Brit- Tar Heel Fire Department. On the morning of Fourth Congressional District and is an out- ain to fly. Yeager was never shot down again. September 22, 2006, Lieutenant Allen was standing recipient of the Principal of the Year He finished the war as a Captain, totaling tragically killed in an accident with an oncom- award. 121⁄2 kills, including an impressive five in one ing car while marking hydrant locations along f day. North Carolina Highway 87. After the war, he became a test pilot in the The American scholar, William Arthur Ward, HONORING ALDEN WILSON Air Corps’ Research and Development Pro- once said, ‘‘Greatness is not found in posses- gram. On October 14, 1947 he was given a sions, power, position, or prestige. It is discov- HON. MICHAEL H. MICHAUD chance to break the sound barrier in an X-1 ered in goodness, humility, service, and char- OF MAINE rocket powered jet. acter.’’ Lieutenant Allen led such a life. IN THE HOUSE OF REPRESENTATIVES Yeager’s flight has grown into legend over As a Bible school teacher, Lieutenant Allen the years due in large part to breaking his ribs shared his faith and the goodness it instilled Tuesday, October 23, 2007 just days before the flight. Hiding his injuries within him with the members of his church Mr. MICHAUD. Madam Speaker, I rise from his superiors, he needed a rigged broom community. As a firefighter, Lieutenant Allen today to recognize Alden Wilson, who an- handle just to close the plane’s hatch. Despite showed humility through his willingness to nounced recently that he will be stepping the pain, Yeager flew into history, reaching sacrifice his safety and well-being for the pro- down as Director of the Maine Arts Commis- March 1.6, a speed of 700 miles per hour. tection of others. As a correctional officer, he

VerDate Mar 15 2010 13:31 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR07\E23OC7.000 E23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28058 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 October 23, 2007 served as a source of character inspiration partment of the St. John AME Zion Church. services. This bill will eliminate the Part 91 and guidance for the inmates in his charge. Her enthusiasm for education and the church regulations for certain flights and direct the And as the son of a former mayor of Tar Heel, inspired many of the youth of the community. Federal Aviation Administration to study and Lieutenant Allen was born into a tradition of Along with many other projects, Mrs. Howard implement several other proposals to increase public service, a tradition that he would uphold founded the Youth Enrichment Program with safety conditions for medical flights. and implement every day of his life. Dr. JoAnne Woodard in 1989, and focused the I would like to recognize the efforts of the The life of this remarkable hero was truly program on lasting scholarship, a commitment many families who have responded to their one dedicated to helping others and making to the cultural heritage of African Americans, losses with determination to help others. I his community a better place to live. Lieuten- and promoting the arts. Bibi Howard’s tireless would particularly like to thank Stacey Fried- ant Allen and 82 additional heroes who sac- work to enrich the community inspired Dr. Jo- man, Erin’s sister, for her tireless efforts in ad- rificed their lives in the line of duty were hon- Anne Howard to create the one of the first vocating for changes that would protect care- ored by 5,000 people, including President public charter schools in the state, and the givers like her sister. By enacting this legisla- George Bush and Members of Congress, dur- only public charter school in Wilson, the Sallie tion, we will not only honor the remarkable ing the National Fallen Firefighters Memorial B. Howard School for the Arts & Education. sacrifices of those who gave their lives while Service on October 7, 2007. The school, along with the Youth Enrichment trying to save others, but in their honor we will Madam Speaker, may we never forget the Program, has been an invaluable asset to our also prevent similar tragedies from occurring goodness, humility, service, and character that community. in the future. defined the life of Lieutenant Allen. May God Madam Speaker, in honor and recognition f continue to bless his loved ones, the work he of Mrs. Sallie Baldwin Howard’s diligent serv- did, and the greatness that he inspired within ice as an educator and leader, I ask my col- RECENTLY INTRODUCED HEALTH all who knew him. leagues to join me in paying tribute to this CARE LEGISLATION f great woman. f HON. JOHN M. McHUGH A TRIBUTE TO SALLIE BALDWIN OF NEW YORK HOWARD HONORING THE STUDENTS OF IN THE HOUSE OF REPRESENTATIVES HALF HOLLOW HILLS HIGH HON. G.K. BUTTERFIELD SCHOOL EAST Tuesday, October 23, 2007 OF NORTH CAROLINA Mr. MCHUGH. Madam Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES HON. STEVE ISRAEL to discuss three bills I recently introduced that OF NEW YORK are designed to reduce the number of Ameri- Tuesday, October 23, 2007 cans who do not have access to health insur- IN THE HOUSE OF REPRESENTATIVES Mr. BUTTERFIELD. Madam Speaker, it is ance. These three bills are designated H.R. with great pride that I rise today to pay tribute Tuesday, October 23, 2007 3515, the Health Insurance Tax Relief Act of to Mrs. Sallie Baldwin Howard, a native and Mr. ISRAEL. Madam Speaker, I rise today 2007; H.R. 3516, the Affordable Health Care resident of Wilson, North Carolina. For many to recognize the students of Half Hollow Hills for Americans Act of 2007; and H.R. 3517, the years, Mrs. Howard dedicated her life to edu- High School East for their thoughtful letters on Long-Term Care Tax Reduction Act of 2007. cating and serving the people of Northeastern the war in Iraq. I appreciated hearing their In 2006, approximately 47 million Ameri- North Carolina. She was recently honored as views and reading their individual letters which cans, or 15.8 percent of the population, did the Wilson Human Relations Commission contained their ideas and perspectives on our not have health insurance coverage for the 2007 Paul Lee Stevens Humanitarian for out- involvement in Iraq. entire year. When people lack health insur- standing service to her community. I want to applaud their interest in this critical ance, they often find themselves lacking real Madam Speaker, Mrs. Howard, who is af- topic and appreciate that they took the time to access to health care, thus unnecessarily fectionately known as ‘‘Bibi,’’ dedicated much share their opinions with me. incur illnesses, emotional and physical pain, of her life as a teacher in the New York City f and costs. This is particularly the case with Public School System during her early years, preventable or chronic conditions. In addition, but for the past 15 years she has donated all TRIBUTE TO ERIN REED, LOIS when patients cannot pay for health services, of her time and energy to rallying youth in Wil- SUZUKI AND STEVE SMITH the facilities that provide those services suffer son, challenging them to be exemplary citi- financial losses, which have been estimated to zens and great achievers. HON. JOHN T. DOOLITTLE be as high as $41 billion annually. As a result, Madam Speaker, high praise is due to Mrs. OF CALIFORNIA some health care providers reduce or stop of- Howard for her success in overcoming the ra- IN THE HOUSE OF REPRESENTATIVES fering services while others may raise rates, cial and gender prejudices of her time. Mrs. thus reducing everyone’s access to health Bibi Howard was born in Wilson, North Caro- Tuesday, October 23, 2007 care. lina, to Narcissus and Marcellus Sims on Mr. DOOLITTLE. Madam Speaker, on Sep- The average annual premium for self-only March 23, 1916. She overcame countless tember 29, 2005, emergency flight nurses Erin coverage in 2007 is $4,479 with the average challenges growing up in the Jim Crow South Reed, Lois Suzuki and pilot Steve Smith gave premium for a family of four at $12,106. These as the daughter of sharecroppers. Neverthe- their lives when their helicopter lost control in premiums were 7.7 percent over the cost of less, she was driven and focused and grad- inclement weather conditions after delivering a the previous year’s premiums and grew at a uated as valedictorian from Charles H. Darden patient to a nearby hospital. This accident, like rate in excess of both wage gains and the High School in 1938. Mrs. Howard attended many of the increasing number of emergency growth in prices for goods and services. Near- Hunter College in New York City where she medical service (EMS) fatal crashes, occurred ly 60 percent of Americans receive health in- earned both her bachelor and masters degree under so-called ‘‘Part 91’’ regulations, which surance through their employment, primarily in education. allow an EMS crew to fly in conditions which because of the advantages available to em- She taught for nearly 30 years as a first are more dangerous than what is permitted ployers and employees under our Nation’s tax grade teacher in New York. While there, she when a patient or an organ is on board. code. worked in the New York City American Negro Since her death, Erin’s family has joined a To reduce the number of uninsured Ameri- Theater, which helped start the careers of Sid- coalition of friends and family members who cans, we need to help open doors for those ney Poitier, Harry Belafonte, Ossie Davis, have lost loved ones in a medical flight. Their who do not receive health insurance through Ruby Dee and Esther Rolle. There she honed efforts are devoted to making air medical their workplace and do not qualify for public her acting, directing and writing talent, finding transports safer for the flight crew and patients programs. H.R. 3515, the Health Insurance a voice through her art. Her Off Broadway who take to the skies for emergency medical Tax Relief Act of 2007, and H.R. 3516, the Af- play The Passing of a Dinosaur is still per- care. With the support of this coalition, I am fordable Health Care for Americans Act are formed today in local schools. pleased to introduce bipartisan legislation both designed to provide this assistance. Spe- Upon her retirement, Mrs. Howard returned today that will increase safety for all those on cifically, H.R. 3515 would allow eligible individ- to Wilson to lead the Christian Education De- board an aircraft providing emergency medical uals a refundable credit against income tax for

VerDate Mar 15 2010 13:31 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR07\E23OC7.000 E23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 28059 the purchase of private health insurance and Freeze did not pass in the Senate, the activ- TRIBUTE TO ANNE MARGARET H.R. 3516 would permit individuals to take an ism that this movement created led the Con- KELLEHER REAM above-the-line tax deduction, whether or not gress to pass other legislation to cut in half they itemize, for all health insurance premiums the proposed size of the MX missile force, ban HON. ANNA G. ESHOO paid during a tax year. anti-satellite weapons testing in space, cut OF CALIFORNIA With regard to long-term care, this challenge funding for Star Wars missile defenses, and to IN THE HOUSE OF REPRESENTATIVES currently constitutes a significant component propose a moratorium on underground nuclear Tuesday, October 23, 2007 of health care spending in the United States. weapons testing. Those Congressional initia- In fact, of the $1.56 trillion spent on personal tives, in turn, led the Reagan Administration— Ms. ESHOO. Madam Speaker, I rise today health care services in 2004, over $194 million which came to office opposed to arms con- to pay tribute to an extraordinary member of or 12.5 percent was spent on long-term care trol—to sign the START and INF treaties with my congressional staff for over 14 years, Anne services. Of that amount, nearly $37 billion the Soviet Union. Ream. was paid out-of-pocket by consumers. In order to advance a nuclear weapons Anne was born Anne Margaret Kelleher on There is no question that long-term care in- freeze, Randy founded the Institute for De- January 23, 1943, in Winthrop, Massachu- surance is increasingly becoming a necessity fense & Disarmament Studies in Cambridge, setts, to William Joseph Kelleher and Eliza- as Americans are living longer. However, the Massachusetts, in 1980. Since that time, IDDS beth Tyrrell, affectionately known as Betty. expense of this coverage is a major obstacle has been an important part of the arms control Anne graduated from Albertus Magnus Col- to its purchase. Thus, I have introduced H.R. community in the United States and abroad. lege in 1964 with a B.A. in Economics and a 3517, the Long-Term Care Tax Reduction Act Through its numerous publications, including minor in political science. She then went on to of 2007, which would allow individuals to use its World Arms Database, IDDS has provided work as a securities research analyst at sev- their IRAs, as well as 401(k) and 403(b) plans, vital information and analysis to both policy eral stock brokerage firms in New York City to purchase qualified long-term insurance makers and the public at large. and San Francisco between 1964 and 1969; using pre-tax dollars without penalty. If en- Randy Forsberg passed away last Friday as a portfolio analyst at Wells Fargo Bank be- acted, this measure may save the government night, ending a long battle with endometrial tween 1969 and 1971, and as a research as- money in the long run by reducing the more cancer during which she had shown incredible sistant at Dataquest, Inc. between 1975–1979. than $133 billion Medicaid and Medicare bravery and dignity. My thoughts and prayers On August 10, 1968, she married the love spend annually, while allowing Americans to are with her daughter, Katarina Lilly, her moth- of her life, Christopher Ream, and they had 2 preserve more of their retirement savings and er, Genie Watson, and her sister, Celia beautiful children; Jason born in 1971 and their sense of independence. Seupel. Anita born in 1974. While raising her 2 young Accordingly, I ask my colleagues to carefully With Randy Forsberg’s death, the world has children, she attended the Santa Clara Univer- consider these points as they review these lost an eloquent and inspired advocate for nu- sity School of Law, received her Juris Doctor three bills. In addition, I ask them to work with clear disarmament. But the cause to which degree in 1983, and was admitted to the Cali- me to enact these measures during the 110th she devoted her life endures, and her example fornia Bar the same year. Anne practiced law Congress. serves to inspire others who share her dream at the firm of Auchincloss and Marblestone in f of a world without nuclear weapons. Redwood City between 1984 and 1989. f Anne is respected throughout our commu- ON THE DEATH OF RANDALL nity as a real leader, volunteering with many TRIBUTE TO THE KALAMAZOO FORSBERG organizations and serving as president of the PUBLIC LIBRARY Community Breast Health Project, board mem- HON. EDWARD J. MARKEY ber of the Girls Club in East Palo Alto, execu- OF MASSACHUSETTS HON. FRED UPTON tive vice president of the Palo Alto Foundation OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES for Education, chair of the Resource Com- IN THE HOUSE OF REPRESENTATIVES mittee for Families in Transition, board chair of Tuesday, October 23, 2007 Tuesday, October 23, 2007 the Rachel Austin Foundation, board member Mr. MARKEY. Madam Speaker, it is with Mr. UPTON. Madam Speaker, I rise today and event co-chair for the Association for Sen- great sadness that I rise to mark the passing to recognize the Kalamazoo Public Library on ior Day Health, and board member of the As- of my friend Randall Forsberg, but it is with the 100th anniversary of its designation as a sociates of the Institute for Research on pride, admiration, and thankfulness that I re- federal depository. Women and Gender. member her enormous contributions to the Since 1907, the Kalamazoo Public Library Anne is the proud and loving grandmother cause of nuclear disarmament. has safeguarded the public’s right to know by of Hollister and Jessica Ream, and just wel- Randy Forsberg was the mother of the Nu- accepting, organizing, and maintaining all pub- comed her newest granddaughter, Chloe clear Freeze movement. When she was a lications released by the U.S. Federal Govern- Pollert. doctoral candidate at the Massachusetts Insti- ment. Furthermore, the Kalamazoo Depository Since my first day as a Member of Con- tute of Technology in 1980, she put forward a has provided the public of Southwest Michigan gress in January 1993 until July 2007, Anne simple and inspired proposal: To end the with free access to these government docu- Ream has worked effectively to serve the peo- ‘‘testing, production, and deployment’’ of all ments in an impartial environment along with ple of the 14th Congressional District, first as nuclear weapons everywhere. With her ‘‘Call professional research assistance. a field representative and then as my deputy to Halt the Nuclear Arms Race,’’ and her tire- From census records and court rulings to fi- district chief of staff in our Palo Alto District less advocacy for a nuclear weapons freeze, nancial aid forms and the federal tax code, the Office. She applied her years of experience Randy galvanized a national grassroots cam- Kalamazoo Depository has become an easily and expertise to bring community leaders to- paign to end the threat of nuclear weapons. accessible resource for those seeking informa- gether on critical healthcare, women’s and I was proud to introduce the very first nu- tion relating to the federal government. senior issues. She assisted hundreds of con- clear freeze resolution in the Congress, and to As a republic founded upon the ideals of stituents and resolved complex problems with work for its successful passage on the House governmental accountability and democratic federal agencies, including Medicare, immigra- floor in the spring of 1983. That vote shocked participation, public access to such information tion, Social Security, disability and housing. many within the dusty confines of the foreign is invaluable. The public’s ability to know, Her compassion for constituents, especially for policy establishment, who simply could not question, and participate is the lifeblood of a the disenfranchised, knew no bounds and she comprehend that ordinary citizens understood free and open society such as ours, and not set a standard of excellence in everything she the unique and intolerable threat of nuclear something to be taken for granted. did. Her strong presence in our office will al- weapons and that the American public would Once again, I would like to personally rec- ways be missed, as well as her rich sense of demand a fundamentally different course be ognize and thank the Kalamazoo Public Li- humor, her meticulous attention to detail and set. Randy was at the center of the Nuclear brary and its staff for providing such an invalu- her endless reserve of knowledge. Freeze throughout the country, and was a able service to the citizens of this community. Madam Speaker, I ask my colleagues to join guiding light to many who believed in the ne- Southwest Michigan is truly a better place be- me in honoring the work of Anne Ream as cessity of the Nuclear Freeze. While the cause of their contributions. she begins the next exciting chapter of her

VerDate Mar 15 2010 13:31 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR07\E23OC7.000 E23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28060 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 October 23, 2007 life. She has served the people of California’s ‘‘This is an enormous insult to Jews and In 1976, she was called upon to serve as a 14th Congressional District with grace and dis- all right-thinking people and must be re- Democratic District Leader for the 71st New tinction and in doing so, she strengthened our tracted,’’ said Jonathan Solomon, chairman York State Assembly District and also as a of the Indian Jewish Federation. community and made our country better. How There are about 5,500 Jews living in India, Delegate of the Democratic National Conven- proud I am of all she accomplished and how a predominantly Hindu nation of 1.1 billion tion in which nominated then Presidential Can- grateful I am to have her as my friend. people. didate, President Jimmy Carter. f The bedspread line is not yet on sale, but As she passed away on January 31, 2006, brochures were handed out in a mall in a such a benevolent amalgamation of intellect, INDIA’S JEWISH COMMUNITY OUT- northern Mumbai suburb, the Times of India steadfastness, and vigor as that demonstrated RAGED OVER ‘‘NAZI COLLEC- newspaper reported Sunday. by Eileen Sweeney over a lifetime of sacrifice TION’’ Furnishing dealer Kapil Kumar Todi said and dedication to others, will greatly be he chose the name because ‘‘that’s what missed. came to my mind,’’ according to the paper. HON. EDOLPHUS TOWNS ‘‘It really does not matter to me who feels This past weekend, on October 20th, 2007, OF NEW YORK bad about it,’’ he said. Eileen was memorialized by those that loved IN THE HOUSE OF REPRESENTATIVES Some Indians regard Hitler as just another and cherished her with the renaming of the Tuesday, October 23, 2007 historical figure and have little knowledge Northwest comer of West 207th Street and about the Holocaust in which 6 million Jews Broadway in my district. It is our hope that this Mr. TOWNS. Madam Speaker, on Sep- were killed during World War II. act will help preserve the memory of this re- tember 30, Fox News reported an outrageous The swastika symbol, which was appro- markable woman, not only for the benefit of story. India has a small Jewish community and priated by the Nazis, was originally an an- those who knew her but for all who value the cient symbol used in Hinduism, Buddhism they are outraged at the emergence in promise of America. Mumbai (formerly Bombay) of a new line of and other religions, and is still displayed all over India in hopes of bringing luck. f bedspreads called the ‘‘Nazi Collection.’’ The Last year, a restaurant in Mumbai, India’s proprietor, one Kapil Kumar Todi, claimed that financial and entertainment capital, changed K.P.S. GILL SHOULD NOT TESTIFY it stands for ‘‘New Arrival Zone for India,’’ but its name from Hitler’s Cross after the city’s IN AIR INDIA INQUIRY nobody takes that claim seriously. Mr. Todi Jewish community protested. The restaurant pretends not to understand the outrage of the used swastikas on its signs and menus. HON. EDOLPHUS TOWNS Jewish community, saying ‘‘It really does not f OF NEW YORK matter to me who feels bad about it.’’ IN THE HOUSE OF REPRESENTATIVES This collection is an outrage, not only PERSONAL EXPLANATION against Jews, but against all people who be- Tuesday, October 23, 2007 lieve in decency and tolerance. India should HON. KEITH ELLISON Mr. TOWNS. Madam Speaker, K.P.S. Gill, shut it down. OF MINNESOTA the former Director General of Police in Pun- A restaurant in Mumbai used swastikas on IN THE HOUSE OF REPRESENTATIVES jab, has requested the opportunity to testify its menus and called itself Hitler’s Cross. After before the Major Commission, which is inves- the Jewish community protested, the res- Tuesday, October 23, 2007 tigating the 1985 Air India bombing. The re- taurant was forced to change its name. This Mr. ELLISON. Madam Speaker, on October quest comes in response to the testimony of shows the tolerance for Nazi ideas in India, 10, 2007, I inadvertently failed to vote on H. officials from the Punjab Human Rights Orga- and yet it considers itself the ally of Israel and Res. 719 (rollcall No. 954), had I voted, I nization who had valuable new information to the Jewish people. would have voted ‘‘aye.’’ impart. Mr. Gill should not testify. As you know, Madam Speaker, India has f Gill was part of the same machinery of In- been plagued by Hindu fundamentalism and dian repression that led to the bombing. He many instances of religious intolerance. Chris- PAYING TRIBUTE TO EILEEN was responsible for the murders of tens of tians, Muslims, Sikhs, and others have suf- SWEENEY thousands of Sikhs while he was DGP in Pun- fered religious violence that has claimed hun- jab. Mr. Gill was quoted as endorsing dreds of thousands of lives. There has been HON. CHARLES B. RANGEL extrajudicial killings, saying that they ‘‘should destruction and laws have been enacted to OF NEW YORK happen.’’ These are incidents where the police prevent a Hindu from converting to another re- IN THE HOUSE OF REPRESENTATIVES kill innocent people, then report it as an ‘‘en- ligion. A booklet was published telling people counter’’ to justify their actions. He was denied how to implicate Christians and others in false Tuesday, October 23, 2007 passage to the 1996 Olympics in Atlanta by criminal cases. This is merely the latest out- Mr. RANGEL. Madam Speaker, I rise to ask every airline because of his terrorism and he rage. But it is one more example of the lack my colleagues to take this time to remember had to leave the country immediately after In- of religious freedom in India. That is one rea- the life of Eileen Marie Sweeney. dia’s field hockey games. He serves as presi- son that there are 17 freedom movements in- Eileen Sweeney, a woman whose life, to a dent of the Indian Field Hockey Association. side India. remarkable degree, embodied the reverie of Almost 50 Members of Congress wrote to the This is unacceptable, Madam Speaker. It is the American dream, was a great woman of State Department urging them to deny Mr. Gill one more reason why we should cut off our distinction which reflected her grand Irish herit- a visa. He stands convicted of sexually aid to India and our trade with that country age. harassing a high-level female Indian Adminis- and put the U.S. Congress on record in sup- Born on October 5, 1934, Eileen Sweeney trative Service employee. He is not fit to be a port of self-determination and freedom for the was a long-time community activist who de- witness in any civilized country. He ought to many nations seeking their freedom from voted many years to the betterment of Wash- be in prison. India. ington Heights and Inwood, For many years, Gill has no information on the Air India inci- [From Fox News, Sept. 30, 2007] she worked for New York State Assembly dent. Why doesn’t the Major Commission call INDIAN JEWS OUTRAGED OVER ‘‘THE NAZI Members Edward H. Lehner and Herman D, Zuhair Kashmeri and Brian McAndrew, who COLLECTION’’ LINE OF BEDSPREADS Farrell, Jr., where she was diligent in resolving wrote the book Soft Target, which details the MUMBAI, INDIA—Leaders of India’s Jewish constituent issues. While in her office or out in Indian government’s involvement in this ter- community expressed outrage Sunday over a the community, any project she took on mer- rorist act, or former Member of Parliament new line of bedspreads called ‘‘The Nazi Col- ited her full and undivided attention. David Kilgour, who exposed the story of lection’’ from a Mumbai-based home fur- Eileen contributed her time and talents to Ryszard Paskowski? Paszkowski was a Cana- nishing company that used swastikas in its countless civic and charitable endeavors and dian-Polish double agent who was approached promotional material. has always given of herself unstintingly. One by representatives of the Indian government The furnishing dealer said the name stands for ‘‘New Arrival Zone for India’’ and was not of countless examples was her membership to who asked him to be involved in a second meant to be anti-Semitic. Community Board 12 of Manhattan, where she bombing. They said, ‘‘the first one worked so But Jewish groups said they would file a served as a fierce housing and tenant advo- well.’’ For that matter, why not just call Mr. lawsuit against the company. cate and protector of her beloved community. Paszkowski himself?

VerDate Mar 15 2010 13:31 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR07\E23OC7.000 E23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 28061 Gill’s involvement in genocide is well known. ly, take vans down to the Indian High Com- Reverend Young, sat among each other and Why should the Major Commission accept him mission and the consulates in Toronto and through conversation, the idea was born in the as a witness? Vancouver. We know it and they know it mind of Mr. Grayson to plan and organize a that they are involved.’’ GILL SHOULD NOT TESTIFY BEFORE MAJOR ‘‘If Gill can testify, why not call Kashmeri Missionary Baptist Church. In September of COMMISSION and McAndrew? Former Member of Par- that year, at Thomas Chapel, located at 91 WASHINGTON, DC, October 3, 2007.—Former liament David Kilgour, who wrote Betrayal: West 134th Street, the idea of the 3 men Punjab Director General of Police K.P.S. Gill The Spy That Canada Abandoned, should came to fruition. is seeking to testify before the Major Com- also be invited to testify,’’ Dr. Aulakh said. Mr. Sterling Grayson, Jr., who at the time mission, which is investigating the 1985 Air In his book Kilgour reports on a Canadian- was a college student, turned over the offici- India disaster. His request comes in response Polish double agent named Ryszard to testimony from two officials of the Pun- ating of the church to his father, Reverend Paszkowski, who was approached by rep- Sterling Grayson, Sr. Through names sub- jab Human Rights Organization (PHRO.) resentatives of the Indian regime, who asked Gill should not testify because he is a ter- mitted by the new church congregation and him to participate in a second bombing be- rorist,’’ said Dr. Gurmit Singh Aulakh, cause ‘‘the first one worked so well.’’ pastor, Reverend Grayson Sr.’s submission of President of the Council of Khalistan. ‘‘He is Paszkowski should also be invited to testify. Mount Calvary Baptist Church is chosen and responsible for the murders of tens of thou- A report issued by the Movement Against he becomes known as the author of the offi- sands of Sikhs. Now he is portraying himself as some sort of expert on the Air India bomb- State Repression (MASR) shows that India cial name of the church on September 27th, ing. The Council of Khalistan, the govern- admitted that it held 52,268 political pris- 1917. Mount Calvary continues to flourish at ment pro tempore of Kha1istan, leads the oners under the repressive ‘‘Terrorist and its new location of 231 West 142nd Street in struggle to liberate Khalistan from India. Disruptive Activities Act’’ (TADA), which my district. Gill was denied passage to the Atlanta expired in 1995. Many have been in illegal From its modest beginning, Mount Calvary Olympics by every airline in 1996 because of custody since 1984. According to Amnesty International, there are tens of thousands of Baptist Church has emerged as a cornerstone his terrorism. He had to be sent to Atlanta of the community. Under the guidance of Rev- in a special train and he was sent out as soon other minorities being held as political pris- as the hockey game was over. 49 Members of oners in India. The Indian government has erend Dr. Adolph Roberts, Jr., Mount Calvary the U.S. Congress wrote to the State Depart- murdered over 250,000 Sikhs since 1984, more continues to thrive, both in terms of spiritual ment, urging them not to give Gill a visa. In than 300,000 Christians in Nagaland, over growth as well as practical improvements. The that same year, he was convicted of sexually 90,000 Muslims in Kashmir, tens of thousands proud members of the church are thankful for harassing a senior IAS official. A few years of Christians and Muslims throughout the the spiritual and emotional leadership he and ago when Gill was visiting Belgium, his tur- country, and tens of thousands of Tamils, the previous pastors have provided during the ban was removed from him by Sikh activists, Assamese, Manipuris, Dalits, Bodos, and oth- ers. The Indian Supreme Court called the In- years. who then chased him down to his hotel. In Reverend Dr. Adolph Roberts, Jr. was in- 1999, he was quoted as saying that fake en- dian government’s murders of Sikhs ‘‘worse counters ‘‘should occur’’ if they are ‘‘nec- than a genocide.’’ stalled as pastor of the church in April of essary.’’ Many innocent people, including a ‘‘How can anyone accept testimony of the 1983. Though he is dedicated to his three-year-old child, have been killed in such representative of this bloody regime?’’ Dr. congregants, he has never limited his time encounters. In 1994, the U.S. State Depart- Aulakh asked. ‘‘In a free Khalistan, no one and love for his family. Reverend Dr. Adolph ment reported that the Indian government would accept those who carry out genocide Roberts, Jr. and his wife of 43 years, Victoria, paid out over 41,000 cash bounties to police against the Sikh religion and the Sikh Na- have 1 son, Anthony and 3 grandchildren. He officers for such killings. tion or against any other people,’’ he said. ‘‘The Sikh Nation and the Sikh religion can- is a scholar and a veteran of the Korean War, Gill presided over more than 50,000 where he served with the 82nd Airborne Infan- extrajudicial killings, which were exposed by not flourish without political power. We the PHRO in a study begun by Sardar must free Khalistan now.’ try Division. Jaswant Singh Khalra, who was picked up by f The 90th Anniversary Worship Service and the police in September 1995 and murdered in Celebration Week began on Monday, October police custody in October of that year. Many PERSONAL EXPLANATION 15th, 2007, with the Friendship Baptist Church of these were secret cremations, in which Family and Pastor James A. Kilgore. On Sat- Sikhs were arrested, tortured, and murdered, HON. KEITH ELLISON urday, October 20th, 2007, there will be an then their bodies were secretly cremated and OF MINNESOTA evening of love and appreciation at the Alham- declared ‘‘unidentified.’’ Their remains were bra Ballroom Banquet in my district where never even given to their families. It was for IN THE HOUSE OF REPRESENTATIVES Reverend Dr. James Forbes will be the guest exposing this brutal policy that Gill’s police Tuesday, October 23, 2007 arrested and murdered Sardar Khalra. speaker. The celebration banquet will include Gill serves as head of the Anti-Terrorist Mr. ELLISON. Madam Speaker, on October with church services on Sunday, October 21, Institute of India, which has so far received 22, 2007, I inadvertently failed to vote on roll- 2007, with the Mount Calvary Baptist Church $95 million in taxpayer funding from the gov- call No. 983–985, had I voted, I would have Family of Savannah, Georgia, and Philadel- ernment of Canada, and of the Institute for voted ‘‘aye.’’ phia, Pennsylvania. Conflict Management, which has received Madam Speaker, I ask that you and my dis- $65,000. ‘‘It is ironic that Gill heads an f tinguished colleagues join me in honoring and antiterrorism institute and he is a terrorist TRIBUTE TO ‘‘MOUNT CALVARY himself,’’ said Dr. Aulakh. ‘‘Like most police congratulating Mount Calvary Baptist Church BAPTIST CHURCH’’ ON THEIR on their historic 90th Anniversary. Their con- officials, he has escaped any consequences of 90TH ANNIVERSARY his actions. Gill should be tried for geno- stant dedication, commitment, and spiritual cide.’’ guidance is worthy of the highest commenda- Information recently released to Tehelka HON. CHARLES B. RANGEL tion. by the PHRO showed that Talwinder Singh OF NEW YORK Parmar, the leader of Babbar Khalsa (an or- f IN THE HOUSE OF REPRESENTATIVES ganization significantly infiltrated and con- TRIBUTE TO KEITH HOLLIDAY, trolled by the Indian government) had iden- Tuesday, October 23, 2007 MAYOR OF GREENSBORO, NORTH tified Lakhbir Singh Brar (Rode), leader of CAROLINA the International Sikh Youth Federation Mr. RANGEL. Madam Speaker, it is with (ISYF), as the main culprit behind the bomb- great honor and enthusiasm that I rise to con- ing and as an Indian government agent. A gratulate Mount Calvary Baptist Church as HON. MELVIN L. WATT police official, Harmail Singh Chandi, show- they join together in celebration of their 90th OF NORTH CAROLINA ing documents that were supposed to have Anniversary. They will be celebrating his very IN THE HOUSE OF REPRESENTATIVES been destroyed, reported that Parmar was momentous and joyous occasion with a ban- murdered in police custody. It is clear that quet held on October 20th, 2007. Tuesday, October 23, 2007 Parmar was killed to keep him from talking about Rode’s involvement. As a Canadian Se- The Mount Calvary has a very rich history Mr. WATT. Madam Speaker, Representative curity Investigative Service agent who was that has given it life and longevity for the past BRAD MILLER of North Carolina and I are quoted in Zuhair Kashmeri and Brian 90 years. It all began in the late summer of pleased to join in this tribute to the Honorable McAndrew’s book Soft Target said. ‘‘If you 1916. Mr. Sterling Grayson Jr. along with 2 Keith Holliday, who will soon be retiring as really want to clear up the incidents quick- other colleagues, Reverend William Lilly and Mayor of Greensboro, NC.

VerDate Mar 15 2010 13:31 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR07\E23OC7.000 E23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28062 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 October 23, 2007 Mayor Holliday is a model public servant lowing the spiritual path. He admonished his persisted. That day, we stood atop the sand- who served as a member of the Greensboro followers to oppose tyranny and repression. bags that had been dropped 3 months earlier City Council from 1995 to 1999 and has The teachings of Guru Nanak and his suc- at the breech of the 17th Street Canal, a served as Mayor since 2000. He has distin- cessors are recorded in the Adi Granth, the stream of lake water still slowly spreading into guished himself nationally, effectively leading holy scripture of the Sikh religion, also called the street below. Greg offered his insight and Greensboro through major economic and polit- the Guru Granth Sahib. It is written in Punjabi, expertise as he explained the environmental ical challenges, through economic redevelop- the language of the Sikhs, which was not con- implications of both the cause and the effects ment and through a renaissance of Greens- sidered acceptable by the other religious lead- of the disaster. boro’s downtown. He has helped position ers of the time, but which shows that God fa- Greg and Laurie had so much to be sad greenways, parks, public art projects, and vors no caste or group. about at that time, but they were still the most other beautification initiatives on Greensboro’s Guru Nanak’s birthday is a major occasion charming hosts for which the city could ever priority agenda and has focused on servicing for the Sikh Nation and I congratulate Sikhs an ever-expanding, diverse and multi-cultural worldwide on the celebration of his birth, hope. I was touched by their pride and com- population. which gave rise to their religion. passion, and inspired by their stoic resolve to remain and to rebuild. And 2 years later, re- Mayor Holliday has also been a committed f and persuasive advocate for the International build they have. It is my understanding that in Civil Rights Center and Museum. Throughout IN RECOGNITION OF GREG the last week, they have finally been able to the world, North Carolina is recognized as the GASPERECZ AND LAURIE CONNER begin construction on a brand new home, in birthplace of the sit-in movement and the their same Lakeview neighborhood. And this International Civil Rights Center and Museum, HON. NICK J. RAHALL II week, in their beloved French Quarter, they the site of the original sit-ins, is being ren- OF WEST VIRGINIA will stand before their loved ones and recite ovated and will be opening soon as a lasting IN THE HOUSE OF REPRESENTATIVES their vows of marriage to one another. Greg and Laurie realize that they have been tribute to the ‘‘Greensboro Four.’’ These 4 Tuesday, October 23, 2007 courageous students from North Carolina A&T blessed; to have each other, to have survived State University led thousands of students and Mr. RAHALL. Madam Speaker, I rise today this epic disaster, and to have been able to re- others who sat down at the F.W. Woolworth to recognize Mr. Greg Gasperecz and Ms. build their home and their lives. They don’t lunch counter in Greensboro, NC, to protest Laurie Conner, in anticipation of the joyful take any of that for granted, instead, have segregation and ultimately changed the event of their marriage on October 26th, 2007. chosen to recommit to rebuilding their commu- human condition and struck a blow for human The institution of marriage is one of the most nity, and give back to the city that has given dignity, equality, and justice for all. sacred, cherished and effective traditions in them so much. This is so characteristic of the We applaud Mayor Holliday as he continues society, and I am pleased today to pause and proud and tough West Virginia work ethic and to raise his voice in support of the completion offer my congratulations to Greg, and best belief in God. wishes to Laurie, as they approach this impor- of the International Civil Rights Center and Madam Speaker, I close my remarks today Museum so the city of Greensboro and the tant milestone in their lives. Greg and Laurie have been longtime com- with congratulations to Greg and Laurie. I ask citizens of North Carolina and this Nation will that you join me in wishing them well, and always remember this great chapter in Amer- panions and soul-mates, and they both cher- trust that they will have many happy years to- ican history. We join in thanking Mayor Keith ish their proud heritage as lifelong residents of gether in New Orleans, LA. Holliday for his many years of exceptional New Orleans, Louisiana. Side by side, in public service. steadfast support of one another, they have f f celebrated the best of times, and weathered the worst of storms, as survivors of Hurricane BIRTHDAY OF GURU NANAK, Katrina. PERSONAL EXPLANATION FOUNDER OF SIKH RELIGION In September of 2005, Greg and Laurie were each living the American Dream of home HON. EDOLPHUS TOWNS ownership, and Laurie owned a rental property HON. PETER T. KING OF NEW YORK as well, all in the Lakeview neighborhood of OF NEW YORK IN THE HOUSE OF REPRESENTATIVES New Orleans. Although they were both able to evacuate in the days before the storm, they IN THE HOUSE OF REPRESENTATIVES Tuesday, October 23, 2007 had to leave behind a lifetime of possessions Tuesday, October 23, 2007 Mr. TOWNS. Madam Speaker, on October in the homes they loved so much. By the time 20, Sikhs around the world will celebrate the they were able to return, they found their Mr. KING of New York. Madam Speaker, birthday of Guru Nanak Dev Ji, the founder of homes defiantly still standing, but the struc- due to the recent passing of my mother, I the Sikh religion, who was born in 1469. There tures and entire contents, were a total loss. All have been absent in Washington since Thurs- are about 25 million Sikhs worldwide. I would 3 houses, wiped out in a single day. day, October 18 and have missed a number of like to take this opportunity to congratulate In December of 2005, my wife and I decided votes. However, if I had been present, this is Sikhs around the world on this important occa- to celebrate our first wedding anniversary in how I would have voted on each rollcall: sion. New Orleans. And we decided to drive from Rollcall No. 981: On Approving the Journal, Guru Nanak had a spiritual experience in southern West Virginia to southern Louisiana, ‘‘aye’’. 1499 while bathing in the Bein river. He re- so that we could better appreciate the storm’s ceived revelations for 3 days, then became a damage to the entire region. We went to New Rollcall No. 982: Passage, Objections of the travelling preacher, preaching a philosophy of Orleans to show our support for the commu- President Notwithstanding of the Children’s inclusion, tolerance, and univeralism. ‘‘There is nity in some small way, and to personally tell Health Insurance Program Reauthorization neither Hindu nor Muslim,’’ he said, and he any survivors that we could find, that they had Act, ‘‘aye’’. used both Hindu and Muslim titles for God. not been forgotten. ’ Rollcall No. 983: On Motion to Suspend the Guru Nanak met with both Hindu and Muslim It was on that visit that I came to know Greg Rules and Pass, as amended, the Paterson leaders. Gasperecz and Laurie Conner, in what had to Great Falls National Historic Parks Act, ‘‘aye’’. His following continued to grow. He eventu- be the bleakest period of their lives. They ally settled in Kartarpur, Punjab. were just beginning to comprehend the totality Rollcall No. 984: On Motion to Suspend the Guru Nanak taught that humans could ap- of their personal loss, and that of their beloved Rules and Pass, as Amended, the Douglas proach God directly, that God is a formless, hometown. Yet they spent an entire day and County, Washington, PUD Conveyance Act, unified being. He taught that we could do this evening, offering us an extended tour of the ‘‘aye’’. by many means including meditation, purifi- affected areas, including their homes, and Rollcall No. 985: On Motion to Suspend the cation, spiritual purity, and achieving detach- they proudly took us on a tour of the unmis- Rules and Agree to Supporting the Goals of ment. He encouraged charity. He taught that takable French Quarter; which was still proud- National Bullying Prevention Awareness caste didn’t matter. All that mattered was fol- ly vibrant under the dire circumstances that Week, ‘‘aye’’.

VerDate Mar 15 2010 13:31 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR07\E23OC7.000 E23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 28063 STRONG SUPPORT OF PRIVILEGED of the Philadelphia Building and Construction Senator Unpingco passed away unexpectedly RESOLUTION Trades Council, and Vice President of the on October 18, 2007 at the age of 65 years. Philadelphia AFL–CIO. He leaves behind his wife, Emily Cruz Borja, HON. TERRY EVERETT These are only a fraction of the prestigious his children Lisa, Christine, Raymond, Nicole, OF ALABAMA positions Mr. Sellers has held. He has been Noel, Meriza, Carlo, Aaron, Jerome, Daniel, IN THE HOUSE OF REPRESENTATIVES an influential leader among all of the Sheet and Paul. He also leaves behind several foster Metal Workers in Philadelphia and beyond. It children and 16 grandchildren. Tuesday, October 23, 2007 is no small wonder, then, that he has been se- Tony Unpingco was born on April 22, 1942, Mr. EVERETT. Madam Speaker, I rise in lected to receive the esteemed Labor Man of five months after Guam was invaded by strong support of this privileged resolution to the Year Award for his unparalleled service enemy forces on December 8, 1941. He grew censure Representative PETE STARK (CA), of- and dedication to the Sheet Metal Workers up aware of the atrocities endured by his peo- fered by the Republican Leader. Like many of community across Pennsylvania. I would like ple during the occupation of Guam in World my colleagues, I was disgusted by the com- my colleagues to join me in honoring Joseph War II and he fought for justice for the suf- ments of the gentleman from California, Mr. Sellers, Jr., without whom the title of Sheet fering of the Chamorro people. As a founding STARK. Metal Worker would not have the same honor. member and Co-Chairman of the Mannengon Regardless of his personal feelings on the f Memorial Foundation and Chairman of the war in Iraq or any other issue before Con- Fena Massacre Memorial Committee, Tony’s gress, Mr. STARK’s comments were distasteful A TRIBUTE TO JOANN E. EVANS record of public service reflects his strong and not in keeping with the traditions of the commitment to the pursuit of justice for the House of Representatives. His despicable HON. ROBERT A. BRADY Chamorro people. In 2003, he was appointed statements on October 18, 2007 about the OF PENNSYLVANIA by Secretary of the Interior Gale Norton to the Commander in Chief, his colleagues in Con- IN THE HOUSE OF REPRESENTATIVES Guam War Claims Review Commission, a fed- eral commission which examined the historical gress, and the men and women who are serv- Tuesday, October 23, 2007 ing our Nation in Iraq and Afghanistan should record of the occupation and reported to Con- be condemned. Mr. BRADY of Pennsylvania. Madam gress on whether the people of Guam were Mr. STARK just doesn’t get it. The service Speaker, I rise to honor Joann E. Evans, one treated with parity for purposes of war claims. and sacrifice of our men and women in uni- of my most distinguished constituents, for her His input and advocacy was vital in the formu- form deserve to be honored and applauded in service to the people of Philadelphia. Through- lation of the Commission’s Final Report and its Congress—not chided and denigrated by his out her life, Ms. Evans has demonstrated un- recommendations to Congress. senseless remarks. I found his recent actions wavering loyalty to her community and church. Tony graduated from Father Duenas Memo- on the floor of the House to be extremely dis- The recipient of numerous rewards, she has rial School and attended the University of respectful of our military and our Commander held a number of leadership positions that al- Guam and the University of Portland before in Chief. We face serious challenges at home lowed her to better our city. graduating from Portland State University. He and abroad and Mr. STARK should consider She has showcased her administrative skills began his public service career in 1969 as the the impact of these comments before opening by serving as the Director of Support Services head of a Special Task Force charged by the his mouth in the future. for the Center City Association and the Client Governor of Guam to automate the Govern- f Relations Manager for Penn Health Pass Cor- ment of Guam payroll system. In 1970, he poration. In her efforts with Philadelphia’s served as Deputy Director of the Department A TRIBUTE TO JOSEPH SELLERS Mariama House and the United Negro College of Administration of the Government of Guam. Fund, Ms. Evans has worked to advance the Then, in 1971, Tony served as the first Admin- HON. ROBERT A. BRADY city’s young adults. istrator of the Government of Guam Liaison OF PENNSYLVANIA In addition to her involvement in the com- Office in San Francisco. IN THE HOUSE OF REPRESENTATIVES munity, Ms. Evans has furthered her commit- Tony ran for the office of senator in 1976 ment to education through participation in her and was elected. He served as Chairman of Tuesday, October 23, 2007 church. She has worked as a youth minister the Committee on General Governmental Op- Mr. BRADY of Pennsylvania. Madam and retreat leader for parochial schools and erations and Military and Veterans Affairs of Speaker, I rise to honor a man who rose religious organizations throughout the Nation. the 14th Guam Legislature. His election to the through the Sheet Metal Worker ranks to be- As a contributing writer for The National Guam Legislature in 1976 commenced an im- come a figurehead and an important contrib- Catholic Reporter and the Faith Alive Series, pressive record of winning election to every utor to the Sheet Metal Worker community. Ms. Evans shares this sense of faith and ac- subsequent Legislature until his passing. His Joseph Sellers, Jr. is a self-made man who tivism with readers. continuous service in the Legislature was in- has worked hard to get to where he is today. As a native of Philadelphia, Ms. Evans has terrupted only by his candidacy for Lieutenant He began as an apprentice in 1980, and be- made a remarkable contribution to her city. I Governor in 1986 and for Governor in 2002. came a journeyman in 1984. assure you that her leadership is felt by all As a distinguished legislator, Senator Joseph Sellers, Jr. began his career on the members of this community. Once again, I Unpingco was selected by his colleagues to Local 19 Executive Board in 1994. Two years congratulate and thank Ms. Evans for her im- serve as Speaker for the 24th, 25th, and 26th after, he was elected to the position of training measurable service to this Philadelphia. Guam Legislatures. During his lengthy career 1 coordinator, which he held for 4 ⁄2 years. He f he served as chairman and as a member of followed this position with the position of busi- numerous committees. Most recently, during ness representative, and then was unani- HONORING THE LIFE AND PUBLIC the 29th Guam Legislature, he served as the mously elected by the Local 19 Executive SERVICE OF SENATOR ANTONIO Chairman of the Committee on Tourism, Mari- Board to the office of president and business R. UNPINGCO time, Military and Veterans’ Affairs. Senator manager. In June of 2003, he was again Unpingco also served in the leadership posi- unanimously elected to this position. He is cur- HON. MADELEINE Z. BORDALLO tions of Republican Co-Leader, Minority Lead- rently serving his third term in this office. OF GUAM er, Assistant Minority Leader, and the Minority During his tenure on the Local 19 Executive IN THE HOUSE OF REPRESENTATIVES Whip for the Legislature. Board for the Sheet Metal Workers, Mr. Sell- Antonio Reyes Unpingco epitomized the no- ers has held a number of other important posi- Tuesday, October 23, 2007 blest meaning of public service. He was a true tions, and left his mark in each of them. These Ms. BORDALLO. Madam Speaker, I rise public servant whose sense of duty and com- titles include President of the Pennsylvania today to honor and recognize the life of Anto- mitment to his people and his community tran- State Council of Sheet Metal Workers, Presi- nio Reyes Unpingco, a Guam leader whose scended his loyalty to his political party. dent for the Metropolitan Association of Presi- service as a fourteen term Senator of the Among his legislative colleagues and contem- dents and Business Representatives, Presi- Guam Legislature will live in the Hearts of the poraries, Tony was a respected conciliator, dent of the Board of Directors for the National people of Guam and the people of the West- constantly working to bridge contentious Energy Management Institute, Vice President ern Pacific region who knew him well. Sadly, issues and to find common ground. Among all

VerDate Mar 15 2010 13:31 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR07\E23OC7.000 E23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28064 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 October 23, 2007 who have had the honor to serve with him, he the South Carolina State Senate, and most re- The United States is also the world’s largest will be remembered as a peacemaker. On the cently as an administrative law judge for the and most competitive exporter of services. We floor of the Guam Legislature, Tony main- Social Security Administration’s Office of Dis- have enjoyed surpluses in the services sector tained a demeanor of dignity and his states- ability Adjudications and Review in South since the 1970s because U.S. companies are manship served as an example to his col- Carolina. exporting a wide range of high-value services leagues when controversial legislation was Throughout her 7 decades of service to fed- around the world that other nations value, like being considered. He reminded his colleagues eral and state government, Judge Mason has financial services, express package delivery, that their noblest purpose as elected leaders earned a reputation as a hard working advo- web hosting, or software design. We are sec- was to serve the people. For this, he was ap- cate and community leader. She has partici- ond to none in the services sector against our preciated and respected in all political circles. pated and continues to participate in numer- international competitors. To keep our lead, For his ability to bring peace and harmony to ous organizations at the local and Federal we need to strive for fair and open markets the halls of the Legislature, Tony Unpingco will level—often holding positions of leadership. around the world so that we can sell these be greatly missed by all the people of Guam. Our family especially appreciates her friend- services in other countries. Understanding the extraordinary commit- ship as she and my wife, Roxanne, have been Close to 400 congressional districts have 70 ment to public service of our veterans, Tony lifelong friends, and she has virtually adopted percent or more of their workforce employed Unpingco wholeheartedly supported the needs 2 of our sons, Alan and Julian, as her own. in the services industry. By 2012,19.2 million of those who served our nation in defense of On Saturday, we will congratulate Judge new services jobs will be created, which would freedom. He worked with the many veterans’ Mason on her 89th birthday and thank her for account for 90 percent of all new job creation, service organizations on Guam to ensure that nearly 70 years of public service. She has according to the Coalition of Service Indus- those who served in our Armed Forces re- dedicated her life to serving her country and tries. This is a phenomenal achievement and ceived the benefits they deserved. Working di- the people of South Carolina. I applaud my clearly where our workforce of the future will rectly with these organizations, Tony Unpingco friend Judge Mason on this occasion and wish come from. fought to ensure that their voices were heard. her the best in the years to come. In my home State of Florida and in my con- Even above his political zeal, Tony f gressional district, some 85 percent of all our Unpingco was dedicated to his community. A PERSONAL EXPLANATION jobs stem from a wide variety of services. And devout Catholic, he was an active member of we’re growing. In 2002, there were 5.5 million the Santa Rita Parish Council, its ‘‘Mom and Floridians involved in services employment. Pop’’ Choir, and the Knights of Columbus. He HON. RON KIND That number grew to 5.9 million by 2005. Be- eagerly supported and participated in church OF WISCONSIN tween 2004 and 2005, Florida’s exports of activities and was instrumental in the rebuild- IN THE HOUSE OF REPRESENTATIVES services grew 13 percent to $23 billion. ing of Our Lady of Guadalupe Church. As a Tuesday, October 23, 2007 Services are being used in areas that we devoted family man, Tony dedicated much of could hardly dream of just a decade ago. With Mr. KIND. Madam Speaker, I was detained his time to his children’s school activities. today’s fast-changing technology, services are in my district and was unable to have my Even after his children had grown and grad- provided around the globe—24 hours a day, 7 votes recorded on the House floor on Monday, uated, Tony and Emily continued to commit days a week. For instance, IBM, one of my October 22, 2007, for H.R. 189 (rollcall No. time and resources to the children of Guam. A constituents which employs nearly 1,200 high- 983), H.R. 523 (rollcall No. 984), and H. Res. loving husband of 42 years, Tony’s devotion to ly skilled workers at its Boca Raton facility, is 762 (rollcall No. 985). Had I been present, I his wife, Emily, and her devotion to Tony, providing a host of innovative services from its would have voted in favor of these measures. made them inseparable. They represented the south Florida hub, such as network services, finest traditions of Chamorro graciousness and f integrated technology services, and e-busi- hospitality. THE IMPORTANCE OF THE ness hosting. I am deeply saddened by the passing of my SERVICES INDUSTRY To give you an example of the IBM skill set, friend. As my colleague during my years as a the company is testing speech translation- Senator in the Guam Legislature, I learned to based products in my district. One of the prod- respect Tony and I valued his opinion and ad- HON. RON KLEIN ucts currently undergoing testing is a ‘‘speech vice on many issues. I found him to be a man OF FLORIDA to speech’’ voice recognition translator with of integrity and honesty and, most of all, he IN THE HOUSE OF REPRESENTATIVES two-way real-time speech capability. IBM is was always sincere and always ready with an Tuesday, October 23, 2007 donating this key technology to the U.S. Gov- understanding, warm and friendly smile. Tony ernment to translate between Iraqi Arabic and will be greatly missed by his family and Mr. KLEIN of Florida. Madam Speaker, I English. friends, but his legacy of service and his devo- rise today in support of the buoyant U.S. serv- A user speaks into the system in one lan- tion to public service will live on in our people ices industry, an unsung American success guage, their speech is recognized, translated, and community forever. story that will continue to ensure that our and spoken in another language using a com- f workforce is second to none in the global economy of the future. bination of IBM technologies. They are also A CELEBRATION OF JUDGE Services impact every village, town, city, donating 1,000 laptops or handheld devices THOMASINE GRAYSON MASON and State all across this country in nearly plus 10,000 software licenses to support better every sector of the economy. Just think about communication between the U.S. military, Iraqi HON. JOE WILSON the services we all rely on: lawyers, doctors, citizens, and aid organizations in Iraq. We sin- cerely appreciate this type of corporate com- OF SOUTH CAROLINA bankers, insurance agents, accountants, mitment to our community. IN THE HOUSE OF REPRESENTATIVES nurses, college professors, restaurant workers, web designers, and software engineers. And Services are making the world more con- Tuesday, October 23, 2007 there are many more service workers who nected, allowing producers, consumers, and Mr. WILSON of South Carolina. Madam touch our lives every day. everyone in between to communicate and col- Speaker, I wish to recognize a long time friend What is often lost in attention-grabbing laborate quickly and easily in every comer of and fellow South Carolinian Judge Thomasine headlines is that the United States has run a the globe. Our service industries are con- Grayson Mason. large trade surplus in services since 1971 with stantly providing new ways to innovate, both A graduate of the University of South Caro- almost 90 percent of the $72 billion surplus here and abroad, to grow our economy. lina, Judge Mason has been recognized as a generated by business and professional serv- I urge my colleagues on both sides of the Who’s Who of American Women, a Who’s ices. aisle to recognize the impact and importance Who in American Law, and a Who’s Who in Services accounted for 77.8 percent of U.S. of this growing, vital sector to our economy America. She has served as a public school private sector gross domestic product in 2005, and to keep fair and open markets that service teacher, a civil service representative during or $8.5 trillion. The services industry remains providers need to achieve even greater suc- World War II, an attorney for the Department the engine of growth in our economy and we cess in the skills-based knowledge economy of Justice, one of the first elected females to must not take our eye off the ball. of the future.

VerDate Mar 15 2010 13:31 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR07\E23OC7.000 E23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD October 23, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 28065 CONGRATULATING NEIL ARM- Mary’s Health Center in Richmond Heights, Claude ‘‘Blackie’’ Evans was born on No- STRONG ELEMENTARY SCHOOL Missouri, and President of SSM Physicians vember 11, 1935 in Joplin, Missouri. He ON MOVING INTO THEIR NEW FA- Organization in St. Louis, Missouri. moved to Nevada with his wife in 1953. Ini- CILITY Ron’s leadership over the years has been tially, Blackie worked as a laborer and lathe invaluable not only to the SSM health care operator at Titanium Metal Corporation. He HON. TIM MAHONEY system, but to the community as a whole. In then went on to work as a shop steward with 2005, Ron served as chair of the Missouri OF FLORIDA the United Steelworkers of America #4856. Hospital Association. Ron has served as a IN THE HOUSE OF REPRESENTATIVES There he was elected as the president of his member of the St. Louis Regional Health local union and the youngest person to ever Tuesday, October 23, 2007 Commission, and since its inception has be elected to that position. After years of in- Mr. MAHONEY of Florida. Madam Speaker, worked tirelessly to ensure access and cov- volvement and dedication, Blackie became the today, Neil Armstrong Elementary School in erage for healthcare services for the medically Executive Secretary-Treasurer of the Nevada Port Charlotte, Florida is celebrating the first uninsured and underinsured in the greater St. State AFL–CIO. He served as liaison to the day of school for the second time this year. It Louis region. National AFL–CIO, National Labor Relations is my honor to rise today to congratulate the I am pleased to be able to honor Ron Levy Board, and 150 affiliated local unions. In 1998, resilient and determined staff, students, and today. He is a shining example of the great Blackie reached the pinnacle of his career parents of Neil Armstrong Elementary School leadership we have in Missouri and I know all serving as a member of the General Executive as they move into their new permanent school of my colleagues join me in wishing him the Board of the National AFL–CIO. facility. very best as he begins the next chapter in his Over the years, Blackie was an integral part On August 13, 2004, the school’s campus life and career. of our community. His commitment to his com- was completely destroyed by Hurricane Char- f munity extended beyond his experience with ley. Immediately following the Hurricane, the HONORING T.J. LEE ELEMENTARY the AFL–CIO. He was a member of the State students attended classes on a split shift ar- AND IRVING INDEPENDENT Mine Safety Advisory Board in 1969, and the rangement at Liberty Elementary School until SCHOOL DISTRICT FOOD SERV- State Job Training Board from 1979 to 1982. they moved into a temporary modular school ICE DEPARTMENT Additionally, he served on the state of Ne- on the grounds of Port Charlotte Middle vada’s Vocation Education Training Board School. HON. KENNY MARCHANT from 1980 to 1983, the State Industrial Insur- Today, the students and staff move in to a OF TEXAS ance System Board of Directors from 1979 to brand new 112,000 square foot school. The IN THE HOUSE OF REPRESENTATIVES 1993, and the Federal Solar Energy Education newly completed school has been built to Board in 1994. Leadership in Energy and Environmental De- Tuesday, October 23, 2007 Madam Speaker, I am proud to honor sign, LEED, standards, which is a nationally Mr. MARCHANT. Madam Speaker, I rise Blackie Evans. His dedication to his commu- accepted benchmark for design, construction today to pay tribute to T.J. Lee Elementary nity should serve as an example to us all. I and operation of high performance green and the Irving Independent School District send my deepest sympathies to his family and buildings. Food Service Department upon receiving the friends. His passing is a tremendous loss to Neil Armstrong Elementary School is named first coveted United States Department of Agri- Nevada. in honor of the first man on the moon, Neil A. culture Gold School award in the state of f Armstrong. A replica of the space suit that he Texas. wore on his historic lunar voyage will be dis- This honor was bestowed on Lee Elemen- HONORING PETTY OFFICER DANNY played in the lobby of the new school. tary and IISD Food Service because of their PHILLIP DIETZ When Neil Armstrong took that first step on strong commitment to the nutritional and phys- the moon, he understood the importance of ical well being of their students. Before an ele- HON. THOMAS G. TANCREDO his small step and how it represented the de- mentary school is granted this prestigious OF COLORADO termination of mankind. Today, I am pleased award, a stringent HealthierUS School chal- IN THE HOUSE OF REPRESENTATIVES lenge criteria must be met. Providing USDA to paraphrase Mr. Armstrong in recognizing Tuesday, October 23, 2007 that the first step on the new campus today nutrition standard school lunches, nutrition represents a giant leap toward recovery from education to students, regularly scheduled Mr. TANCREDO. Madam Speaker, I rise the ravages of Hurricane Charley in Charlotte physical activity and other lunch menu criteria today to honor the sacrifice of a fallen hero County. are just a few of the measures required to ob- and Navy SEAL from my district, Petty Officer On behalf of Florida’s 16th Congressional tain this recognition. Danny Phillip Dietz of Littleton, Colorado. District, I wish the Neil Armstrong Elementary Fighting obesity in school children in the Petty Officer Dietz was killed 2 years ago dur- School community our congratulations and our United States is of utmost importance. Lee El- ing combat operations in Afghanistan. best wishes for a long and successful future in ementary and IISD Food Service Department On June 27, 2005, Petty Officer Dietz’s four- their new home. are to be commended for their commitment in man SEAL team was inserted into Afghani- improving the health and well being of their f stan’s remote Hindu Kush Mountains. His students. The leadership they have shown comrades included Petty Officer Matthew CONGRATULATING MR. RON LEVY helping students learn healthy eating habits Gene Axelson of Cupertino, California, Petty and maintain an active lifestyle is an example Officer Marcus Luttrell of Huntsville, Texas, HON. W. TODD AKIN to all of us. and Lieutenant Michael Murphy of Patchogue, Madam Speaker, I am proud to honor T.J. OF MISSOURI New York. In the heavy fighting that followed Lee Elementary and IISD Food Department for IN THE HOUSE OF REPRESENTATIVES the four men, experts not only in warfare but earning the United States Department of Agri- friends and members of a close-knit team, all Tuesday, October 23, 2007 culture Gold Award. faced the enemy opposition with inspiring Mr. AKIN. Madam Speaker, I rise today to f valor and determination. Together they faced recognize Mr. Ron Levy, an exceptional leader PAYING TRIBUTE TO CLAUDE incredible odds, determined not only to do from my district in St. Louis, Missouri. Since ‘‘BLACKIE’’ EVANS their duty but to give all that they had, each 1999, Ron has served as President and CEO in the defense of the others. Ultimately over- of SSM Health Care-St. Louis. Prior to that, whelmed, only Petty Officer Luttrell survived, Ron served with SSM Health Care for 30 HON. JON C. PORTER and then with grievous wounds, to be rescued OF NEVADA years, beginning as a resident at St. Mary’s after several days of escape and evasion dur- IN THE HOUSE OF REPRESENTATIVES Hospital in Madison, Wisconsin in 1976. Dur- ing which he continued to battle the enemy. ing his tenure, Ron has served in various ca- Tuesday, October 23, 2007 As Navy SEALs these four men exemplify pacities at SSM which have included: Presi- Mr. PORTER. Madam Speaker, I rise today the very best of America’s young men and dent of St. Clare Hospital and Health Services to honor the life of Claude ‘‘Blackie’’ Evans, women, many of whom continue the battle on in Baraboo, Wisconsin; President of SSM St. who passed away on September 28, 2007. foreign shores or serve at home to protect our

VerDate Mar 15 2010 13:31 Aug 05, 2010 Jkt 059102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR07\E23OC7.000 E23OC7 erowe on DSK5CLS3C1PROD with BOUND RECORD 28066 EXTENSIONS OF REMARKS, Vol. 153, Pt. 20 October 23, 2007 homeland. As valiant warriors they serve to in- bailiffs and jurors. Many students have contrib- being housed there. Unfortunately we are spire us in understanding not only the impor- uted their success in adulthood to the lessons hearing reports that not everyone affected by tance of Duty, Honor, Country, but also the they learned from Mrs. Harrington’s guidance this disaster is receiving shelter. The center is importance of the unity of teamwork against all participating in Teen Court. being administered by the American Red odds, regardless of our differences or where Besides Teen Court Coordinator, Mrs. Har- Cross but they are only accommodating evac- we are from. rington is involved in other numerous volun- uees from designated evacuation areas. Danny Dietz is not forgotten in his home teer organizations. She’s a charter member of Those that are homeless and victims that are town of Littleton, Colorado. This year on Inde- Theta Pi Chapter, Epsilon Sigma Alpha serv- evacuating themselves from non-designated pendence Day, a large bronze statue was un- ice fraternity, the Duncanville Genealogy Club, areas filled with smoke are not being serviced. veiled in Littleton’s Berry Park to ensure that the Ellis County Genealogy Society, and the We should not allow self-imposed regulations future generations will never forget his uncom- Duncanville Book Review Club. In addition, to prevent service to people that are in need. mon valor and selfless sacrifice. The citation Mrs. Harrington is a life member of the Ellis We must serve all residents, including home- awarding him the Navy Cross notes: ‘‘Dem- County Art Association, the Historic less individuals, regardless of identification or onstrating exceptional resolve and fully under- Waxahachie Inc. and United Methodist citizenship status. standing the gravity of the situation and his re- Women. All told, an estimated 350 homes will have sponsibility to his teammates, Petty Officer Mrs. Harrington has been recognized for her been destroyed by these devastating fires. Dietz fought valiantly against the numerically achievements when the Duncanville Teen This means there are going to be many home- superior and positionally advantaged enemy Court received the TICA Spotlight Achieve- less families that will need food and shelter. In force. Remaining behind in a hailstorm of ment Award for outstanding Teen Court in addition, we fear that our hospitals will see an enemy fire, Petty Officer Dietz was wounded Texas in 2001. She was also honored by the influx of people with respiratory problems. by enemy fire. Despite his injuries, he bravely Duncanville High School naming the Olivia The Inland Empire is a major railway and fought on, valiantly defending his teammates Harrington Outstanding Volunteer Award for highway transportation hub but these fires and himself in a harrowing gunfight, until he her in 2005. have practically shut down access to many af- was mortally wounded.’’ Mrs. Harrington has a husband, Fred, and fected communities by closing down Highway Second only to the Medal of Honor, the two beautiful daughters, Angie and Teenya. 330 and HWY 18 leaving only one road, HWY Navy Cross is the Navy’s highest award for Madam Speaker, I am proud to honor Olivia 38 available for vehicles to go up and down military heroism. Since it was established in Harrington for her community activism which the mountain. We need help containing these World War I it has only been awarded 6,923 has enriched the lives of so many in fires so that rescue and recovery personnel times to members of the Armed Services and Duncanville, Texas. I applaud her efforts and can get to these communities. to only 4,544 members of the U.S. Navy. To wish her the best in her future endeavors. The San Bernardino County’s Department of date, in the Global War on Terrorism, 17 Ma- f Public Health has issued an air quality warn- rines and 6 members of the Navy have re- SOUTHERN CALIFORNIA FIRES ing because of high soot levels in the air ceived the Navy Cross. Three of those Navy caused by the fires and the high winds. Inhal- awards went to Petty Officers Dietz, Axelson, ing these dangerous chemicals will undoubt- and Luttrell. HON. JOE BACA edly create respiratory problems for many of In addition to the 3 Navy Crosses and 4 OF CALIFORNIA our residents. I hope the American Red Cross Purple Hearts awarded to the 4 men in a sin- IN THE HOUSE OF REPRESENTATIVES and other federal assistance is available to our gle action, Lieutenant Murphy was also post- Tuesday, October 23, 2007 local first responders to ensure the public humously awarded the Medal of Honor. I hope Mr. BACA. Madam Speaker, over the past health needs of all affected individuals are that all Americans will take the time to reflect met. on the sacrifices of these brave men—and in- two days wildfires have exploded across I thank President Bush for his quick re- deed all of those serving our Country around Southern California, causing loss of life, and sponse in declaring a state of emergency in the world. tens of thousands of acres of property and for- the areas affected by the wildfires. In a letter f est damage in San Bernardino, Riverside, San Diego, Los Angeles, Ventura, Santa Barbara sent earlier today, I asked that he gives all HONORING OLIVIA HARRINGTON and Orange Counties. federal support possible, including personnel, RETIREMENT In the Inland Empire, fires have burned equipment, and funding, necessary for a many acres of land across the northern part of speedy recovery. HON. KENNY MARCHANT my district in Lytle Creek, 300 acres in the Si- I also thank the brave men and women on OF TEXAS erra Lakes neighborhood of North Fontana the ground, who continue to fight the wildfires and evacuate those in harm’s way. Through- IN THE HOUSE OF REPRESENTATIVES and 160 acres in Ontario. Thankfully those fires have now been fully contained and no out the day, I will be meeting with individuals Tuesday, October 23, 2007 homes have been reported damaged. from the U.S. Forest Service to remain as in- Mr. MARCHANT. Madam Speaker, I rise Unfortunately, there are currently more than formed as possible on the coordination of fed- today to honor Olivia Harrington upon her re- 5,000 acres of land still being consumed by eral and local activities. We are working to de- tirement for her volunteer work and community fires in the Mountain communities adjacent to termine the best possible course of action to involvement in Duncanville, Texas. my district. At last report, more than 136 prevent further spread of the wildfires, and de- Mrs. Harrington has been working with homes have been destroyed and evacuations termine what future steps must be taken to youth and volunteers for 25 years. She was continue in this area. Schools in San ensure a quick and full recovery for those indi- the YW Teen Director for the YWCA for 13 Bernardino, Fontana and Ontario have all viduals and families whose lives are affected. years and also created and served as the been closed. Children and families, friends, As Chair of the Subcommittee on Depart- Duncanville Teen Court Volunteer Coordinator and even some of my staff have been af- ment Operations, Oversight, Nutrition, and for 12 years. Teen Court allows teens, who fected. Forestry I plan to hold hearings to explore have committed Class C misdemeanors, to be Evacuees are receiving shelter at the Na- what lessons we can learn from these fires to judged by their peers in an authentic court set- tional Orange Show which is down the street be better prepared in the future and what ting with actual sentences being handed out. from my district office in San Bernardino. At steps we must take from here to ensure the Teen volunteers serve as attorneys, clerks, last count there were around 1,800 evacuees fastest recovery possible.

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