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

Vol. 153 WASHINGTON, WEDNESDAY, APRIL 25, 2007 No. 67 House of Representatives The House met at 10 a.m. WELCOMING THE REVEREND DR. stand the needs of national security. The Reverend Dr. Mark E. Harris, MARK E. HARRIS Retired military officers support our First Baptist Church, Charlotte, North (Mrs. MYRICK asked and was given plan and the new direction for Iraq to Carolina, offered the following prayer: permission to address the House for 1 begin to redeploy our troops to begin Heavenly Father, we enter Your pres- minute.) to bring them home. ence today on behalf of our Nation, our Mrs. MYRICK. Madam Speaker, it’s Secretary Gates has gone to Iraq try- leaders and ourselves. We come, not by truly my honor to welcome Dr. Mark ing to stop the bleeding, but he be- our own worthiness, but by Your glo- Harris of Charlotte, North Carolina, to lieves that congressional debate is rious invitation to ‘‘come unto Me all the House of Representatives. He is a who are weary, and I will give you helpful, and he has said that the clock dynamic and a true leader in our city, is ticking. Can the Bush administra- rest.’’ and a graduate of Appalachian State tion understand that? The Pentagon Please grant us wisdom today, for we University and Southeastern Baptist has confirmed, through a Congressional need divine wisdom to fulfill the pur- Theological Seminary. He is currently Research Service report, that the poses You have for us. We need Your the senior pastor at First Baptist President’s comments about us stop- guidance to be able to heal the broken- Church in Charlotte. hearted. We need Your strength to pro- He is joined in his ministry by his ping funding, the Congress stopping claim liberty to the captives and recov- wife, Beth, and their children, Laura, funding, is absolutely wrong. ery of sight to the blind. We need Your John and Matthew. Under his leader- We need to save lives. We need to re- power to free the oppressed. ship, the church has become one of the store the confidence and the leadership So, I ask, Lord, that You would speak fastest growing Baptist churches in our in Iraq, but we need to claim victory to the Nation, and that, indeed, we area. for our soldiers. They have done their would all have ears to hear, eyes to see, He is very straightforward and pow- job. It’s time to bring them home now. hearts and minds ready to receive Your erful in his preaching, and he is always word. challenging his parishioners to redis- f God bless this House of Representa- cover the joy of a personal relationship tives, and may their minds be of Your with Jesus Christ. I thank him for RESIGNATION AS MEMBER OF mind. I ask this prayer in Jesus’ name. being here today. COMMITTEE ON NATURAL RE- Amen. f SOURCES AND AS MEMBER OF f IRAQ TIMETABLE AND FUNDING, COMMITTEE ON FINANCIAL CONGRESS NEEDS TO PASS CON- SERVICES THE JOURNAL FERENCE REPORT The SPEAKER pro tempore (Mrs. The SPEAKER. The Chair has exam- (Ms. JACKSON-LEE of Texas asked ined the Journal of the last day’s pro- TAUSCHER) laid before the House the and was given permission to address following resignation as a member of ceedings and announces to the House the House for 1 minute and to revise her approval thereof. the Committee on Natural Resources and extend her remarks.) and as a member of the Committee on Pursuant to clause 1, rule I, the Jour- Ms. JACKSON-LEE of Texas. Madam Financial Services: nal stands approved. Speaker, nine more soldiers are dead, and our soldiers can claim victory in HOUSE OF REPRESENTATIVES, f April 24, 2007. Iraq. Madam Speaker, even after losing PLEDGE OF ALLEGIANCE Hon. NANCY PELOSI, thousands of American lives and spend- Speaker of the House, Office of the Speaker, The SPEAKER. Will the gentleman ing billions of taxpayer dollars, the U.S. Capitol, Washington, DC. Bush administration continues to de- from Tennessee (Mr. COHEN) come for- DEAR MADAME SPEAKER: It is my desire to ward and lead the House in the Pledge mand an open-ended commitment of resign from the House Committee on Natural of Allegiance. American troops in Iraq with no exit Resources immediately. I look forward to re- Mr. COHEN led the Pledge of Alle- plan and no strategy. turning to the committee soon. But this Democratic Congress, the giance as follows: Thank you. I pledge allegiance to the Flag of the leadership of Speaker PELOSI, under- Sincerely, United States of America, and to the Repub- stands the responsibility of war. We RICK RENZI, lic for which it stands, one nation under God, understand the commitment to the U.S. Congressman, indivisible, with liberty and justice for all. American people, and, yes, we under- First District of Arizona.

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

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VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.000 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4054 CONGRESSIONAL RECORD — HOUSE April 25, 2007 HOUSE OF REPRESENTATIVES, efits of innovation and technology in occupation, and you cannot win an oc- April 24, 2007. science and engineering. cupation. Hon. NANCY PELOSI, Science, research and biotechnology You cannot defeat beliefs with bul- Speaker of the House, Office of the Speaker, industries attract highly skilled work- lets. What we have in Iraq and in the U.S. Capitol, Washington, DC. ers and offer them good wages and ben- DEAR MADAME, SPEAKER: It is my desire to Middle East are beliefs that are dif- resign from the House Committee on Finan- efits. These innovators and the busi- ferent from ours, and they can only be cial Services immediately. I look forward to nesses they are creating in my home won by understanding and through returning to the committee soon. district make us competitive in this changes, which God would put in peo- Thank you. global marketplace. Most importantly, ple’s hearts, and not through bullets. Sincerely, they are developing new treatments, We need a bill to support our troops, RICK RENZI, medicines, vaccines, that are improv- and our bill will support our troops U.S. Congressman, ing the quality of life for people around with more money than the administra- First District of Arizona. the world. As the sister of a dedicated tion gave it. The SPEAKER pro tempore. Without scientist and the mother of a young I ask the President to support the objection, the resignations are accept- medical researcher, I recognize the troops with the bill that the Congress ed. need to support the work of highly will give him and support our troops There was no objection. skilled scientists whose work is on the and bring them home. f cutting edge of research and develop- f LET THE SURGE WORK AND NOT ment. THE IRAQ SUPPLEMENTAL SIGNAL DEFEAT Madam Speaker, the ‘‘Sowing the Seeds Through Science and Engineering Research (Mr. BARRETT of South Carolina (Mr. STEARNS asked and was given Act’’ will help ensure that we encourage and asked and was given permission to ad- permission to address the House for 1 train highly skilled scientists in Pennsylvania dress the House for 1 minute.) minute and to revise and extend his re- and across the Nation. I am proud to have Mr. BARRETT of South Carolina. marks.) supported its passage. Madam Speaker, 79 days and counting Mr. STEARNS. Madam Speaker, since President Bush committed his re- many in Congress and around this f quest for critical funding needed for country insist that the President take SUPPORT AND FUND THE TROOPS our troops fighting on the front lines. the advice of The Iraq Study Group. (Mr. DAVIS of Kentucky asked and The Democratic leadership should Well, the President is doing just that. was given permission to address the bring the emergency supplemental to The report states, ‘‘We could, however, House for 1 minute and to revise and the floor without a timetable of defeat. support a short-term redeployment or extend his remarks.) It’s not a decision of this House to ar- surge of American combat forces to Mr. DAVIS of Kentucky. Madam bitrarily pick a date this war should stabilize Baghdad, or to speed up the Speaker, some of the Democratic lead- end. It’s our job to ensure our military training and equipping missions need- ership have declared it the job of Con- personnel have the resources they need ed.’’ gress to micromanage the war in Iraq. to win and come home in victory. I Well, my colleagues, that is what the Yet we learn today that the Speaker of wonder what men and women risking President is trying to do. The cochair the House has refused to be seen face- their lives every day for our safety, our of the study group, James Baker, had to-face with the very military com- security, our freedom, think about the this to say: ‘‘Setting a deadline for manders whose hands will be tied by Members of Congress sitting in their withdrawal regardless of conditions in the Democrat war funding bill. comfortable offices, playing politics Iraq makes even less sense today be- This latest insult to our troops with their money. cause there is evidence that the tem- should come as no surprise as others in I came to the House floor this morn- porary surge is reducing the level of vi- the Democratic leadership have de- ing to speak to them and let them olence in Baghdad.’’ clared the war lost despite our military know there are Members of Congress Rather than support a bill that commanders’ statements to the con- who believe our military can succeed, leaves our troops in harm’s way for a trary, and before General Petraeus has and we are doing everything within our cause Democrats believe cannot be gotten the reinforcements he has re- power to ensure victory. As long as I won, Democratic leaders should be quested. His reinforcement hasn’t even am United States Congressman, I will willing to vote to allow time to let the been fully implemented before Congres- never turn my back on you. I will not surge work and not signal defeat. sional leaders have called it a failure. stand in Washington, D.C., and tell f I urge my colleagues to insist on a your generals how to fight this war, funding bill that does not give our en- SOWING THE SEEDS THROUGH and will never put politics above your emies a date for our surrender. I be- SCIENCE AND ENGINEERING RE- safety or that of our Nation. lieve our soldiers when they say the SEARCH ACT war is not lost, and we must give our f (Ms. SCHWARTZ asked and was military the resources it needs to win. b 1015 given permission to address the House Language of surrender is inappropriate GUARANTEE ACCESS TO AFFORD- for 1 minute.) with troops in the field and reinforces ABLE HEALTH CARE FOR ALL Ms. SCHWARTZ. Madam Speaker, I the perceptions of our enemies. CITIZENS rise today in support of the Sowing the f Seeds through Science and Engineering (Mr. KAGEN asked and was given Research Act. By cultivating the Na- SUPPORT OUR TROOPS AND BRING permission to address the House for 1 tion’s next generation of skilled sci- THEM HOME minute.) entists and researchers who are in the (Mr COHEN asked and was given per- Mr. KAGEN. Madam Speaker, I rise early stages of their careers, the mission to address the House for 1 this morning on behalf of 47 million House-passed plan will better ensure minute.) Americans who go to sleep every night that our Nation educates the best and Mr. COHEN. Madam Speaker, there knowing that tomorrow they may go the brightest young people to be sci- will be a conference committee report broke solely because they cannot af- entists and engineers. by the Senate and the House on the ford health insurance. I firmly believe that leadership and Iraq supplement, and the Iraq supple- People without coverage often delay innovation is absolutely necessary for ment will have a requested date, sug- treatments they desperately require, the United States to maintain its com- gested date for our withdrawal. and we are all paying the price, for petitive advantage in the increasingly It’s not saying we have been de- early treatment saves lives and saves global marketplace. My own home dis- feated. We have won the war. America money. We saw that in Blacksburg, trict in southeastern Pennsylvania is a has won the war. Saddam Hussein’s Virginia, and we see it every day in leader in the field of biotechnology. I government was toppled and Saddam emergency rooms and in amputations have seen the economic and social ben- Hussein is history. We are now in an due to diabetes.

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.001 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4055 There is a better way of doing things, Thankfully for the American people, tunity to sign this bill on the fourth- a way to guarantee access to affordable Madam Speaker, Democrats rejected year anniversary of his declaration of care for all citizens. Let’s build the the President’s budget in favor of one ‘‘mission accomplished.’’ I and the vast largest insurance risk pool possible, 300 that expands health care for children. majority of the American people urge million strong. If you are a citizen, you f him to do so. are in. TIME TO PASS A CLEAN TROOP f Let’s openly disclose prices so we FUNDING BILL TROOPS NEED RESOURCES TO WIN know the price of a pill before we swal- THE WAR IMMEDIATELY low it. And let’s be kind to those who (Mr. CARTER asked and was given are in need. permission to address the House for 1 (Ms. FALLIN asked and was given I urge the President to extend the minute.) permission to address the House for 1 lifesaving SeniorCare drug program in Mr. CARTER. Madam Speaker, the minute.) Wisconsin, and please, please, please, Democratic leaders have ignored the Ms. FALLIN. Madam Speaker, Con- do not veto the children’s SCHIP President’s promise to veto legislation gress must immediately send our health care program. which loads our soldiers down with troops the resources that they need to There is a better way of doing things. their pork-barrel spending and sets ar- win this war, without strings and with- Let’s find it together, with no patient bitrary deadlines for pulling out of out delay. But instead, the Democrat left behind. Iraq. They know it is going to be ve- leadership is proposing to tie the hands of our troops and hamstring our gen- f toed, but they continue to make our troops wait. erals with a misguided plan to micro- DEMOCRATS’ DEFEATIST The Commander in Chief, by their manage the war effort. This is just un- SUPPLEMENTAL BILL provision, would have to wait 15 days acceptable. (Mr. WILSON of South Carolina to deploy troops in certain cir- The Los Angeles Times has said, ‘‘It’s asked and was given permission to ad- cumstances, preventing us from having absurd to try and micromanage this dress the House for 1 minute.) reinforcements for our soldiers in conflict and the evolution of Iraqi soci- Mr. WILSON of South Carolina. harm’s way. They want to tie the ety with arbitrary time lines and Madam Speaker, while our troops are hands of our generals by setting a sur- benchmarks.’’ And I agree. It is absurd to assume that this war on the battlefield continuing to go render date. The first surrender date, can be planned by 535 Members of Con- without critical funding needed to ful- they said, is July 1 of this year. gress instead of our generals and our fill their missions, Democrat leaders We don’t need 535 generals in Wash- Commander in Chief. War by com- still refuse to put forward a clean sup- ington commanding our troops. We mittee is not an option. I encourage plemental bill. need the professionals. the Democrat leadership of Congress to Last week, Senate Democrat Leader It is past time for the Democrats to bring forth immediately a clean bill HARRY REID declared the Iraq war do the right thing and pass a bill which that provides the necessary funds for ‘‘lost.’’ Just yesterday, a Democrat funds our troops in harm’s way. Their our troops and leaves tactical decisions Congressman said it is the job of Con- final drop-dead date deadline that they in the hands of our generals and those gress to micromanage the war. Our have set is very interesting, April 1, who are experts. military leaders should manage the 2008. April Fool’s day. Who are they war, not politicians in Washington. trying to fool? f Despite reports of progress by our f WORKERS MEMORIAL DAY military leaders, Democrats continue CONGRESS NEEDS TO PASS SUP- (Mr. HARE asked and was given per- to advocate withdrawal and defeat. PLEMENTAL CONFERENCE RE- mission to address the House for 1 This puts American families at risk at PORT minute.) home. Early withdrawal will escalate, Mr. HARE. Madam Speaker, this Sat- not end, the global war on terrorism. (Mr. WALZ of Minnesota asked and urday is Workers Memorial Day, when Our troops deserve more from the was given permission to address the we mourn the loss of workers who have men and women elected to provide for House for 1 minute.) been killed on the job or from work-re- their well-being. Members of both par- Mr. WALZ of Minnesota. Madam lated diseases. Additionally, this year ties should support our troops and pass Speaker, the conference agreement marks the 37th anniversary of the en- a clean supplemental bill. reached between the House and the actment of the Occupational Safety In conclusion, God bless our troops, Senate on the Iraq accountability bill and Health Act. Although there has and we will never forget September 11. provides more funding than the Presi- been progress, thanks to the tireless f dent has asked for our troops, more for advocacy of organized labor, many our veterans, while forging a new direc- workers are still at risk. Last year, in DEMOCRATS EXPAND HEALTH tion in Iraq. This bill will hold the CARE COVERAGE Illinois alone, 194 occupational fatali- President accountable for meeting his ties were recorded. Unfortunately, (Mr. ALTMIRE asked and was given own military readiness standards. The OSHA, under the Bush administration, permission to address the House for 1 Iraqi Government will also be held ac- has issued only one major standard in minute.) countable for the first time for meeting its 6-year tenure, and has either with- Mr. ALTMIRE. Madam Speaker, this political, economic, and security drawn or delayed dozens of worker pro- is Covering the Uninsured Week, so I benchmarks that the administration tection measures. wanted to take this opportunity to re- itself has set. Congress must ensure the first step mind my colleagues about the 9 million This Congress must pass this legisla- of workplace safety by requiring that children in America that live without tion, because our troops have per- OSHA issue timely standards and en- health insurance. I also wanted to take formed magnificently. The administra- sure the enforcement of those stand- the opportunity to remind the Amer- tion has failed. They have failed to ards in all areas of the workforce. ican people that just last month, the hold the Iraqis accountable. I urge my colleagues to join me in Democratic Congress passed a 2008 President Bush criticizes our time this fight, and I encourage all Members budget that includes a $50 billion in- lines, while both Secretary Gates and of Congress to honor our Nation’s crease in funding for the State Chil- General Petraeus admit there is no workers this Saturday. dren’s Health Insurance Program, and military solution, and Secretary Gates f we did it without raising a penny of even called the time lines in the bill taxes. By contrast, the President sub- ‘‘constructive’’ and ‘‘helpful’’ in push- SUPPORT OUR TROOPS WITH A mitted a budget that, according to the ing the Iraqis to a solution. CLEAN SUPPLEMENTAL SPEND- nonpartisan Congressional Budget Of- Madam Speaker, this Congress has a ING BILL fice, would cut 1 million additional constitutional responsibility to be ac- (Mrs. BLACKBURN asked and was children out of the Children’s Health countable for war to the American pub- given permission to address the House Insurance Program. lic. The President will have the oppor- for 1 minute.)

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.005 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4056 CONGRESSIONAL RECORD — HOUSE April 25, 2007 Mrs. BLACKBURN. Madam Speaker, COMMENDING ACTIONS BY INDI- ing over the next 5 years would allow the liberal leadership of this Congress ANA AUTHORITIES TO QUELL us to provide health care to millions of has put themselves and the lives of our THE DISTURBANCE AT NEW CAS- children who are currently uninsured. military members, our soldiers in the TLE CORRECTIONAL FACILITY f field, in a very difficult position. When (Mr. PENCE asked and was given per- THE MEDICARE HEARING EN- they passed the supplemental spending mission to address the House for 1 HANCEMENT AND AUDITORY RE- bill earlier this month for the global minute.) HABILITATION ACT war on terror, they only did it by load- Mr. PENCE. Madam Speaker, yester- (Mr. BILIRAKIS asked and was given ing it up with pork. It sounds like a day, as the Nation looked on, once permission to address the House for 1 grocery list. They have got money for again Indiana law enforcement, State, minute.) spinach, for beef, for fish and for pea- county and city personnel, showed Mr. BILIRAKIS. Madam Speaker, I nuts. Billions of dollars of pork. They their professionalism and courage. rise today to encourage my colleagues made their Members an offer that they I rise today to commend the swift re- to cosponsor H.R. 1912, the Medicare couldn’t refuse. sponse by Indiana State and local au- Hearing Enhancement and Auditory thorities to quell the disturbance that They claim to support our military, Rehabilitation, HEAR, Act. began at 2:01 p.m. at New Castle Cor- but in this bill they tie the hands of H.R. 1912 will provide for Medicare rectional Facility, at the very heart of that same military by instituting a coverage of hearing aids and auditory my congressional district. timetable for withdrawal and taking rehabilitation services. Medicare is During a routine transfer from a din- the power for running the war away currently specifically prohibited from ing hall to their cellblocks, a group of from the commanders in the field. The paying for hearing aids. The HEAR Act inmates removed their shirts, an offi- majority leader, HARRY REID, didn’t repeals this prohibition and directs the cer was knocked to the ground, and the help when he said he thinks the war is Secretary of Health and Human Serv- situation quickly spiraled out of con- lost. ices to determine the most appropriate trol involving nearly one-third of the American citizens need to ask them- manner for Medicare to provide this prison’s population. selves the question: What would hap- benefit. Guards quickly isolated the areas of pen, what would happen, if we were to Hearing problems can make it dif- disturbance. As the Nation looked on walk away? It is the same question our ficult to understand and follow a doc- over the cable airwaves, backup offi- Speaker, who obviously isn’t going to tor’s advice, respond to warnings and cers arrived just 15 minutes later. The meet with our commanding general, hear doorbells and alarms. Hearing Indiana Department of Correction acti- also needs to ask. problems can also make it hard to vated its Special Emergency Response enjoy talking with friends and family. Let’s respect the soldiers in the field Team and involved the State police. All of this can be frustrating, embar- by doing our job and passing a clean All offenders and the facility were se- rassing and even dangerous. It makes budget. cured by 4:45. good sense to help these people better Investigations will go forward and afford devices, treatments and other f questions will be answered, but, services that will improve their quality Madam Speaker, on behalf of the citi- of life and increase their safety. GETTING ADVICE OF REAL zens of eastern Indiana, I rise to ex- I urge my colleagues to cosponsor PROFESSIONALS ON IRAQ press my pride and gratitude to the law H.R. 1912. enforcement community involved, the (Mr. DEFAZIO asked and was given State, the local, the city and the coun- f permission to address the House for 1 ty, all those who ensured that this dis- CHANGING DIRECTION TO PRO- minute.) turbance was contained, tragedy was TECT OUR NATIONAL SECURITY Mr. DEFAZIO. Madam Speaker, Bush, averted, and the people of my congres- (Ms. CASTOR asked and was given CHENEY and their Republican apolo- sional district were protected. permission to address the House for 1 gists here in Congress say ‘‘hands off f minute.) their war. Leave it to the profes- Ms. CASTOR. Madam Speaker, today sionals.’’ DEMOCRATS REFUSE TO IGNORE the House will vote on and hopefully THE NEEDS OF THE UNINSURED Well, if they followed their own ad- pass the emergency supplemental bill. AND LOOK TO EXPAND SCHIP To the individuals who disagree with vice, we wouldn’t be at war in Iraq. Re- FOR CHILDREN member CHENEY and Scooter Libby, this new direction and our demand for who is on his way to prison, phonying (Mr. SIRES asked and was given per- accountability, I ask, how much longer up intelligence, overruling the intel- mission to address the House for 1 will you continue to sanction the un- ligence and military professionals, say- minute.) dermining of our national security ing there was a threat, that there were Mr. SIRES. Madam Speaker, this under the Bush-Cheney policy? As a weapons of mass destruction? They week is Cover the Uninsured Week. member of the Armed Services Com- didn’t exist. This year’s focus centers on expanding mittee, I ask this because this bill health care coverage for America’s states that ‘‘no units may be deployed Then they fired General Shinseki be- children. to Iraq unless they are fully mission cause he had the temerity to suggest if For 6 years, President Bush and the capable.’’ we didn’t put in 400,000 troops, there Republican Congress ignored our Na- What are you saying if you vote would be a massive insurgency and a tion’s health care crisis. As a result, against this measure? In the Armed civil war. They fired him. If they had the number of uninsured increased by 7 Services Committee, the Army Chief of not fired General Shinseki, if they fol- million, to 47 million Americans; 9 mil- Staff testified that the Bush-Cheney lowed his professional advice, our lion of them are children. strategy is outstripping the means to troops wouldn’t be mired in the middle Studies show us that a child’s health execute it. Our ground forces in the of a civil war; and Paul Bremer dis- can be greatly improved if they have U.S. are short of training, personnel banding the Iraq Army, de- health care coverage. Children with ac- and equipment. This is very serious, Baathification, against all professional cess to health care are better prepared and I ask how anyone can vote against military and intelligence advice. to learn in school and are better pre- this bill and sanction the unwise Bush- Now the Republican lapdogs have the pared to succeed in life. Cheney course. temerity to say ‘‘hands off Bush’s war. The new Democratic Congress refuses The risk to our Nation is serious and Let the professionals run it.’’ Well, it is to ignore America’s uninsured, and deepening. We must change direction, time for some adults to step in here that is why we passed a budget last make more strategic decisions and and really take advice from the profes- month that provides a significant in- bring our diplomatic, economic and sionals and get our troops out of the crease in funding of the SCHIP pro- moral forces to bear to protect our na- middle of this civil war. gram. The $50 billion increase in fund- tional security.

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.006 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4057 b 1030 ILLEGAL IMMIGRATION to succeed in their mission in Iraq without strings and without delay. A SHAMEFUL STRATEGY (Mr. BAKER asked and was given permission to address the House for 1 Putting in place a time line that al- (Mr. PRICE of Georgia asked and was minute.) lows for no flexibility and that cul- given permission to address the House Mr. BAKER. Madam Speaker, in 1986 minates with a date certain for with- for 1 minute.) the United States Congress passed an drawal just simply micromanages our Mr. PRICE of Georgia. Madam Immigration Reform Act. As a result, commanders in the field and, unfortu- Speaker, the Iraq supplemental bill 2.7 million illegal immigrants were nately, will undermine the effort of our being brought to the floor today is a given amnesty. That translated imme- troops on the ground. bad idea wrapped in the wrong inten- diately into 2.7 million reasons why Today, General Petraeus has offered tions. This is a time when Congress anyone who wishes to come here should to meet with Members of Congress con- ought to be working together to pro- come here illegally. cerning the war effort, and I look for- vide our troops with the tools and the Last week, in the storm-ravaged ward to meeting with the general. I resources necessary to do their job. Katrina area, 88 illegal immigrants hope that our colleagues on the other Instead, the Democrat leadership is were arrested, 13 of whom had criminal side of the aisle will be there as well. committed to a strategy that spells felony convictions. Can we remember that this war is nothing but failure in Iraq. They are This is no longer just a minor prob- truly about defeating terrorists, and telling the commanders in the field lem. It is a taxpayer tragedy. Limited that it is our effort to come together that 535 politicians know better how to taxpayer resources are being stretched now, as Americans, to fight for freedom do their job. It is irresponsible for to meet the repair and rebuilding needs that will ultimately lead to our peace. Members of Congress to play Com- of the Katrina/Rita areas. To have f mander in Chief. There is too much at those resources dissipated for those stake in Iraq for political who ignore our law and come here ille- REMOVAL OF NAME OF MEMBER grandstanding. gally is not only a disservice to the AS COSPONSOR OF H.R. 65 This bill sends the wrong message to American taxpayer, but to all the im- Ms. HERSETH SANDLIN. Madam our soldiers, our allies and our en- migrants who play by the rules, who Speaker, I seek unanimous consent to emies. It tells our troops that we have abide by American law and come here remove my name from cosponsorship of got no faith in them. It tells our allies through the normal immigration proc- H.R. 65. that we lack the resolve of our stated ess. It is time for this to come to an The SPEAKER pro tempore (Mrs. commitment, and it tells our enemies end. It is no longer an inconvenience. TAUSCHER). Is there objection to the re- all they have to do is wait. It is a tragedy. quest of the gentlewoman from South This is shameful partisan politics Dakota? f that puts our troops at greater risk. It There was no objection. is wrong, and the American people are HONORING ARKANSAS TEACHER f watching. OF THE YEAR AND NATIONAL TEACHER OF THE YEAR FINAL- ANNOUNCEMENT BY THE SPEAKER f IST, JUSTIN MINKEL PRO TEMPORE DEMOCRATS WILL NOT LET THIS (Mr. BOOZMAN asked and was given The SPEAKER pro tempore. Pursu- WAR GO ON INDEFINITELY permission to address the House for 1 ant to clause 8 of rule XX, the Chair (Mr. JOHNSON of Georgia asked and minute.) will postpone further proceedings was given permission to address the Mr. BOOZMAN. Madam Speaker, I today on motions to suspend the rules House for 1 minute.) rise today to express my heartfelt con- on which a recorded vote or the yeas Mr. JOHNSON of Georgia. Madam gratulations and pride in a young man and nays are ordered, or on which the Speaker, the emergency supplemental who makes a difference daily in the vote is objected to under clause 6 of conference report that will come before lives of Arkansas’ children, Justin rule XX. this House today does three crucial Minkel. Record votes on postponed questions things. One, it supports our military Justin is a second grade teacher at will be taken later today. men and women; two, it sets bench- Harvey Jones Elementary School in f marks for the Iraqis to meet; and, Springdale, Arkansas. His school is 85 three, it makes clear that the war will percent minority, 93 percent on free or CALLING ON THE LEAGUE OF not continue indefinitely. reduced lunch. Seventeen of his 25 stu- ARAB STATES TO ACKNOWLEDGE Unfortunately, after 4 years, thou- dents were below grade level in read- THE GENOCIDE IN DARFUR sands of lives lost, and billions of dol- ing. By the end of the year though, 14 Mr. ACKERMAN. Madam Speaker, I lars spent, the President continues to of them had reached or surpassed ex- move to suspend the rules and agree to demand an open-ended commitment to pectation. the concurrent resolution (H. Con. Res. our American troops being deployed on I am proud that Justin decided to re- 7) calling on the League of Arab States the streets of Iraq. President Bush says turn to his home district and teach, to acknowledge the genocide in the he will veto the emergency supple- and do the hard work which truly Darfur region of Sudan and to step up mental, ignoring the views of this Con- leaves no child behind. I congratulate their efforts to stop the genocide in gress, the American people, former him on being named the Arkansas Darfur, as amended. military generals and the nonpartisan Teacher of the Year of 2007, and a Na- The Clerk read the title of the con- Iraq Study Group. tional Teacher of the Year finalist. current resolution. While he delays signing this bill, the Again, we appreciate the hard work The text of the concurrent resolution President continues to claim that the of Justin Minkel and all that he rep- is as follows: resources for American troops will resents in the teaching profession. H. CON. RES. 7 begin to run out later this month. How- f Whereas in July 2004, the House of Rep- ever, the fact is that the Congressional FUNDING FOR OUR TROOPS resentatives and the Senate declared that Research Service confirms resources the atrocities in the Darfur region of Sudan will be available well into the summer. (Mrs. BACHMANN asked and was constitute genocide, and the Bush adminis- The New York Times notes this week given permission to address the House tration reached the same conclusion in Sep- that the real obstacle to getting the for 1 minute and to revise and extend tember 2004, when then Secretary of State money promptly to the troops would be her remarks.) Colin Powell stated that ‘‘the evidence leads the veto of the President. Mrs. BACHMANN. Madam Speaker, us to the conclusion that genocide has oc- curred and may still be occurring in Darfur’’; The President should support this my message this morning is very sim- Whereas estimates indicate that 400,000 important legislation which sends a ple, and it is this. Our troops in combat people may have been killed by the Govern- message that this war is not going on deserve to be sent the resources and ment of Sudan and its Janjaweed allies since indefinitely. the reinforcements that they deserve the crisis began in 2003, more than 2,000,000

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.008 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4058 CONGRESSIONAL RECORD — HOUSE April 25, 2007 people have been displaced from their homes, ment of a hybrid United Nations-African There was no objection. and more than 250,000 people from Darfur re- Union peacekeeping force and stated the fol- Mr. ACKERMAN. Madam Speaker, I main in refugee camps in Chad; lowing: rise in strong support of this resolu- Whereas the former United Nations Under- (1) The Special Representative shall be Secretary-General for Humanitarian Affairs, jointly appointed by the Chairperson of the tion, and yield myself as much time as Jan Egeland, in late August 2006 stated that Commission of the African Union and the I may consume. ‘‘[i]nsecurity is at its highest level since Secretary-General of the United Nations, Madam Speaker, let me first thank 2004, access at its lowest levels since that after appropriate consultations as per the the sponsor of this resolution, our date, and we may well be on the brink of a practice. friend and colleague from the Bay return to all-out war’’; (2) The Force Commander, who should be an African, shall be appointed by the Chair- Area, BARBARA LEE, for introducing Whereas despite the signing of the Darfur this important measure. Let me also Peace Agreement in May 2006, violence person of the Commission in consultation against civilians, peacekeepers, and humani- with the Secretary-General of the United Na- acknowledge the leadership on the tarian workers continues unabated, includ- tions. Darfur issue of our distinguished ma- ing the killing of an estimated 12 humani- (3) The Mission shall benefit from United jority leader, our friend and colleague, tarian workers and 16 African Union Mission Nations backstopping and command and con- STENY HOYER, who recently returned in Sudan peacekeepers; trol structures and systems. (4) The size of the force shall be determined from a very important and timely mis- Whereas in August 2006, the Government of sion to the region. Sudan began to deploy thousands of govern- by the African Union and the United Na- ment troops for a major offensive in Darfur, tions, taking into account all relevant fac- Madam Speaker, we are still haunted once again threatening a major humani- tors and the situation on the ground, as well by the echoes of the Holocaust, which tarian catastrophe and risking the safety as the requirements for it to effectively dis- Congress commemorated last week in and security of millions of civilians; charge its mandate. the Capitol rotunda. The message from Whereas, according to the Government of Whereas in March 2007, ongoing negotia- that horrific time is fresh in our minds Sudan’s plan, in a document submitted to tions between the United Nations Secretary- General, Ban Ki-moon, and President Omar as we consider another terrible geno- the United Nations Secretary-General, Kofi cide, the slaughter in the Darfur region Annan, the Government of Sudan planned to Hassan El-Bashir of Sudan took place under deploy approximately 26,500 additional the auspices of the League of Arab States of the Sudan. troops and 7,050 additional police to Darfur; Summit in Riyadh, Saudi Arabia, and with Despite that profound message, the Whereas the objectives of this deployment the encouragement of Saudi Arabia, Egypt international community has allowed were ‘‘to deal with the threats posed by the and the Secretary General of the League of as many as 450,000 people to be killed, activities of groups that have rejected the Arab States; by some estimates, in Darfur. The Su- Darfur Peace Agreement and to gain control Whereas on April 16, 2007, Sudanese For- danese Government has been allowed eign Minister Lam Akol announced that over the security situation and achieve sta- to perpetuate a shocking campaign of bility in Darfur’’; Sudan fully accepts a ‘‘heavy support’’ pack- Whereas on August 31, 2006, the United Na- age from the United Nations, including sig- terror for too long. And complacent tions Security Council passed Resolution nificant additional logistical and military governments around the world have 1706, expanding the mandate of the United support, which represents the second phase stood on the side lines for too long. Nations Mission in Sudan (UNMIS) for the of a three-step plan to create a hybrid United So today, the question faces us, will additional deployment of 17,300 peacekeeping Nations-African Union peacekeeping force of we again fail to heed the message of troops and 3,300 civilian police personnel as approximately 17,000 troops and 3,000 police; the Holocaust? Will we allow Khar- and well as 16 formed police units to Darfur; toum to keep terrorizing the impover- Whereas implementation of the Com- Whereas the support of the League of Arab prehensive Peace Agreement (CPA) between States and each Member State individually ished and desperate minority there the Government of Sudan and the Sudan will be critical to end the genocide in Darfur: into extinction? People’s Liberation Movement (SPLM) is Now, therefore, be it Slight signs of progress have emerged slow, raising serious concern about the com- Resolved by the House of Representatives (the over the past few weeks, even if it has mitment of the Government of Sudan to ful- Senate concurring), That Congress— come too late for the dead. The Suda- fill its responsibilities; (1) strongly urges the League of Arab nese Government agreed to let a 3,000 Whereas President Omar Hassan El-Bashir States and each Member State individually of Sudan rejected the deployment of a United to declare the systematic torture, rape, and person strong United Nations peace- Nations peacekeeping force to Darfur, even displacement of Darfurians a genocide; keeping force to enter the country and as First Vice President Salva Kiir publicly (2) strongly urges the League of Arab join the African Union troops already stated his support for the deployment of a States and each Member State individually there. This is meant to be a stepping United Nations peacekeeping mission to to agree and pass a resolution at their next stone to a larger and more robust Darfur; meeting to support and accept a robust hy- force. Whereas in March 2006, at the Khartoum brid United Nations-African Union peace- But the Sudanese Government made summit, Arab leaders worked against a plan keeping force, as agreed to by all parties to to transform the African Union Mission in the Abuja Communique on November 30, the decision under pressure and only Sudan (AMIS) into a United Nations protec- 2006, to enforce the ceasefire, protect civil- after months of excruciating back- tion force with a mandate to protect civil- ians, and ensure access to humanitarian as- tracking and delay. But the Sudanese ians; sistance in Darfur; and Government has resisted the U.N.’s ef- Whereas on August 20, 2006, in Cairo, (3) strongly urges the League of Arab forts to send 20,000 peacekeepers to Egypt, the League of Arab States met and States to continue to work with the United Darfur. The U.N. has deemed this larg- backed Sudan’s refusal of a United Nations Nations, the African Union and the United er force necessary to protect civilians peacekeeping force in the war-wracked States Presidential Special Envoy for Sudan, and to enforce a peace. Darfur region; Andrew Natsios, to bring about real and last- Whereas in September 2006, a resolution ing peace and stability in Darfur, the refugee I have no doubt that Khartoum will passed by the League of Arab States Council camps, and along the Chadian border. continue to play games until they once of Foreign Ministers called for the United The SPEAKER pro tempore. Pursu- again feel the pain of international Nations Security Council to give the Suda- ant to the rule, the gentleman from pressure. As we speak, the government nese Government more time to implement New York (Mr. ACKERMAN) and the gen- there is deliberately intimidating aid its ‘‘plan to improve conditions and preserve tleman from New Jersey (Mr. SMITH) workers in Darfur. Let me be clear: security’’ in Darfur; The difference between a small, tar- Whereas on November 30, 2006, the Peace each will control 20 minutes. and Security Council of the African Union The Chair recognizes the gentleman geted force and a very substantial de- approved a decision to extend the mandate of from New York. ployment is no mere sticking point. It AMIS in Darfur through July 2007; GENERAL LEAVE is absolutely essential. Whereas, although the United Nations was Mr. ACKERMAN. Madam Speaker, I It is essential to stopping the Arab authorized and prepared to send peace- ask unanimous consent that all Mem- militias from continuing to carry out keeping forces to Darfur under United Na- bers may have 5 legislative days to re- the government’s dirty deeds. It is es- tions Security Council Resolution 1706 (2006), vise and extend their remarks and in- sential to clearing the path for crucial the League of Arab States worked to ob- food and water and health supplies to struct the deployment of such forces or had clude extraneous material on the reso- sought to reduce their mandate; lution under consideration. reach the refugee camps. And it is es- Whereas the November 30, 2006, Abuja Com- The SPEAKER pro tempore. Is there sential because injustice is only really munique of the Peace and Security Council objection to the request of the gen- addressed when it is obliterated, not of the African Union endorsed the deploy- tleman from New York? when it is slowed to a painful trickle of

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.003 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4059 displacement, harassment and dis- Several months ago, Madam Speaker, pointed out in the October letter that rupted lives. We must have that bigger I traveled to Darfur and met some of the collective voice of the Arab League U.N. force in the Sudan. the heroic survivors of genocide at two could clearly help save thousands of Now, finally, the international com- camps, at Mukjar and at Kalma camp. lives and bring peace and security to munity has spoken with one voice. But When our old Soviet era helicopter Darfur. Right now they are part of the more pressure needs to be applied. landed at the remote Mukjar camp, problem. It is time the Arab League be- They cannot be allowed to slide back- thousands of women and children came part of the solution. ward this time. danced, clapped and sang beautiful tra- Finally, this legislation strongly The resolution before the House ditional African songs. The people of urges the League of Arab States to de- today urges those who may have the Darfur, as we all know, have a remark- clare that the systematic torture, rape, most influence, the Arab League and able generosity and spirit. And it was and displacement of Darfurians is a its member states, to take dramatic awe inspiring and heart breaking at genocide, and strongly urges the Arab steps to help bring peace to Darfur. the same time. League to agree and pass a resolution The resolution urges the Arab states to accept and support the U.N. peace- b 1045 to declare the systematic torture, rape keepers, again, as the best option to and displacement of Darfurians a geno- At first glance most of the people had enforce that cease-fire and to give the cide, and to support and accept U.N. a superficial glow of physical wellness, people of Darfur what they so des- peacekeepers. It also urges the Arab thanks in large part to the brave NGOs perately need: peace and reconcili- League to work with the United Na- bearing food, clothing, shelter, and ation. tions, the African Union and the medicine. However, even those neces- Madam Speaker, I reserve the bal- United States Presidential Special sities are now at risk due to the insecu- ance of my time. Envoy for the Sudan, Andrew Natsios, rity in Darfur caused by a lack of pro- Mr. ACKERMAN. Madam Speaker, I to bring about peace and stability to tection of humanitarian aid workers. yield 81⁄2 minutes to the gentlewoman Darfur, the refugee camps, and along As the H. Con. Res. 7 points out, from California (BARBARA LEE), mem- the Chadian border. Khartoum is now targeting relief agen- ber of the Committee on Appropria- I believe it is the solemn duty of all cies and NGOs, and at least 12 humani- tions and the main sponsor of this reso- who have said ‘‘never again’’ to speak tarian workers have been killed in lution now before us. out about genocide, especially this bru- Darfur. Ms. LEE. Madam Speaker, let me tal one in Darfur. More importantly, I It profoundly troubles me, and trou- thank the gentleman for yielding and believe it is our duty in this Congress bled me especially on the trip, to look for his leadership on so many issues re- to do something about it without any at the appalling fear and trepidation. It lating to human rights and genocide delay. is ever-present. Trauma, posttraumatic and our foreign policy. I ask all of our colleagues to vote for stress disorder is everywhere. I spoke I also want to thank Chairman LAN- this important and timely resolution. with many women who told me per- TOS. I want to thank Speaker PELOSI. I Madam Speaker, I reserve the bal- sonal stories of rape, senseless beatings want to thank our majority leader, Mr. ance of my time. and massacres by the Janjaweed and HOYER, and I want to thank Congress- Mr. SMITH of New Jersey. Madam the Sudanese militias. Among the refu- man DON PAYNE, who for so long was Speaker, I yield myself such time as I gees and IDPs, emotional woundedness the lone voice in the wilderness speak- may consume. and brokenness is everywhere. Like ing out against the horrific genocide Madam Speaker, I rise in very strong you and me, Madam Speaker, all that that is taking place in Darfur. Also I support of H. Con. Res. 7, and congratu- the wonderful people of Darfur really want to thank Congressman SMITH and late Congresswoman JACKSON-LEE for want is to love God and their families all of our Republican colleagues, Con- authoring this important measure. It and their friends and to earn a living gresswoman ROS-LEHTINEN; our staff, sends a very clear and nonambiguous and to live in peace, and yet they have Joan Condon, Pearl Alice Marsh, message to the Arab League to recog- had atrocities imposed upon them that Christos Tsentos, all of you who have nize the killing fields of Darfur as no human should have to bear. not only worked so diligently with ‘‘genocide’’ and to support the deploy- On that same trip, Madam Speaker, I your expertise and your clarity but ment of the hybrid U.N. peacekeeping also had a lengthy meeting with Presi- also because you all are committed to force pursuant to U.N. Resolution 1706. dent Bashir at his presidential suite in the work that we are doing to try to It is timely that we consider this res- Khartoum. All Bashir wanted to talk end this genocide. olution today as leaders and activists about was ending United States trade Let me thank our cosponsors of this around the world unite to raise aware- sanctions, not the horrific loss of life resolution. We have over 115 cospon- ness and urge action to stop the geno- in Darfur. For me the exchange was ee- sors, bipartisan cosponsors. cide during this week’s Global Days for rily reminiscent of a conversation I This is a very important moment for Darfur. had had in Serbia with the late this House of Representatives and for Madam Speaker, no other people on Slobodan Milosevic after he invaded the world. Thirteen years ago the Earth have suffered more than the peo- Croatia, then Bosnia, and unleashed world did stand by as nearly 1 million ple of Sudan. Tragically, they have the Balkan genocide. He too, like people were slaughtered in the geno- been victimized by not one, but two Bashir, was unmoved by the plight of cide of Rwanda. The best our country genocides. In the south, over the course suffering people. could do then, the best we could do, of 2 decades, some 2 million people On October 5 of 2006, I wrote a letter, was apologize, and that was after the were murdered by the Khartoum re- cosigned by 175 Members of Congress, fact. Many of us swore that another gime, and only a robust peacemaking to the Secretary General of The League Rwanda would never happen again, effort, backed by the military efforts of Arab States, asking him to use his would never take place on our watch. on the ground by Dr. Garang, resulted authority to employ all diplomatic But, today, Madam Speaker, it is hap- in a comprehensive peace agreement means available to encourage Bashir to pening again. that was very ably brokered by Sen- halt Sudan’s military offensive in Nearly 3 years ago, on July 22, 2004, ator Danforth as the Special Envoy ap- North Darfur, to withdraw Sudanese Congress formally declared that geno- pointed by President Bush. Indeed, troops from the area, and to reverse cide was taking place in Darfur. Esti- President Bush, I think, made the cru- the Arab League’s opposition to the mates indicate that nearly 450,000 peo- cial difference in bringing peace to U.N. deployment of peacekeepers. I be- ple now, 450,000 people, have been killed southern Sudan. lieve, and this resolution makes abso- and 2.5 million innocent civilians have But just as that peace was breaking lutely clear, that the UN-AU hybrid been displaced to this date. That is out, in February of 2003, hostilities force is today the best option to en- mind-boggling. began in Darfur, and now we have, re- force a cease-fire, protect civilians, en- I witnessed this ongoing tragedy in grettably, another genocide, in excess sure access to humanitarian assist- January of 2005, when I first visited the of 400,000 people dead and 2 million peo- ance, and begin the path to reconstruc- refugee camps in Chad and in Darfur, ple displaced. tion and reconciliation in Darfur. We led by another leader against this

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.010 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4060 CONGRESSIONAL RECORD — HOUSE April 25, 2007 genocide, Congressman ED ROYCE; also The international community and nita Millender-McDonald, who passed with two great humanitarian leaders, our friends in the League of Arab away this weekend, worked tirelessly Don Cheadle, Academy Award nominee States cannot allow this sort of double- to end this genocide in Darfur. So I am for ‘‘Hotel Rwanda’’; and Paul dealing to take place. We have all got asking for a strong bipartisan vote on Rusesabagina, who also is a hero who to keep the pressure on Khartoum, and this resolution in her honor. And for was in Rwanda and led many people that is why we have got to pass this bi- the young people, the men and the out of that tragedy. partisan resolution today. women whom we have seen and whose In February 2006, once again under The thrust of this resolution is very lives we know have been destroyed, and the leadership of our great Speaker, simple. It calls on the League of Arab for those who have died, let us say to Speaker NANCY PELOSI, I visited the States and each member state to be the entire world and let us ask our refugee camps with a bipartisan dele- our partners for peace by stepping up partners for peace in the Arab world to gation in Darfur. And just 2 weeks ago, their efforts to end the genocide in end this genocide now. we returned from Darfur again. This Darfur. For too long the world has been was my third visit, again a bipartisan silent in this struggle. I remember in b 1100 congressional delegation under the my trips to Algeria, meeting with the Mr. SMITH of New Jersey. Madam leadership of our leader, our majority President of Algeria, and a previous Speaker, I yield 4 minutes to the dis- leader, Congressman STENY HOYER. visit to Egypt several years ago that tinguished gentleman from Virginia I say this to say that I have seen this the government officials were very re- (Mr. GOODLATTE). now three times, this tragedy, and it is luctant to call the ongoing atrocities Mr. GOODLATTE. Madam Speaker, I quickly, quickly, continuing to dete- in Darfur genocide, and some even de- rise today in strong support of this leg- riorate very rapidly. More and more nied that genocide was taking place. islation. people are dying. Regardless of what But we know that it is. Earlier this month, I had the invalu- you hear, we know that more and more Even just last week, Egypt expressed able opportunity to travel to the war people are dying. We heard now that its opposition to further United Na- torn country of Sudan as part of a bi- 1,500 to 2,000 a week are dying, and even tions sanctions against Sudan, urging partisan congressional delegation led humanitarian aid workers are at risk. that we give President Bashir more by our distinguished majority leader, Cars are being hijacked. The day before time. More time for what? To allow Mr. HOYER. We journeyed to the be- our delegation arrived, five African more innocent people to get killed? sieged African nation to meet with the Union soldiers from Senegal were While it appears today that in some government and humanitarian leaders killed. They were killed. And the gen- cases those outlooks are changing of to discuss issues related to the ongoing eral, the head of the African Union, he some of the Arab states, there is still atrocities in Darfur. What I saw was begged us to send more peacekeepers. much more that they can do and that horrendous, and I am pleased that we He begged us to send more logistical we can do. We must demand that Presi- have once again joined together here in support and to help with what they dent Bashir follow through on the full this Congress to call for an end to this need so that they can provide the civil- deployment of the AU-UN hybrid force; genocide. ian protection against this slaughter. and we must urge all parties, the rebels The ongoing crisis in Darfur and Unfortunately, for many Darfurians, and the government, to end the vio- western Sudan has led to a major hu- the situation is still very, very grim. lence and come to the table to nego- manitarian disaster. At the core of the As part of our visit this time, we also tiate a political solution. But we can- current conflict is a struggle for con- went to Egypt and met with President not and we should not hold a cease-fire trol of political power and resources, Mubarak. He indicated that Egypt had declaration hostage to a peace agree- with an estimated 1.9 million people deployed 900 troops to help implement ment or vice versa. We cannot wait for displaced, and more than 213,000 people the comprehensive peace agreement in a peace agreement to stop the slaugh- forced into neighboring Chad. Observ- southern Sudan. Additionally, Egypt ter. We must do both at the same time. ers estimate that up to 450,000 people had sent about 150 military observers And we must insist that Darfurians re- have been killed over the course of this and police to Darfur and was sup- turn to their homes, figure out a way porting a field hospital that was serv- violence. so they can get home quickly to their It is deplorable that any government ing 200,000 people. These efforts are ex- villages and reclaim their lives. would use the systematic dislocation of tremely, extremely important. But we Our own efforts to stop this genocide its own people and the disease and star- urged him to do more and to use his in- must intensify also. We must pursue vation that inevitably follow as a fluence with the Sudanese Government divestment to remove all United States weapon, not to mention the outright to help stop the atrocities. funding from any business that is sup- violence that the Government of Sudan News reports last week indicate that porting the Sudanese Government and has helped foster in Darfur. The situa- Egypt, Saudi Arabia, and the League of the ongoing genocide. And we have got tion there is clearly one of the worst Arab States and the United Nations to explore further sanctions and legis- humanitarian crises in recent times. were all instrumental in pressuring lation that I know my colleague Con- As a Nation dedicated to freedom and President Bashir of the Sudan to ac- gressman DON PAYNE is working on. cept the second phase of the three-part Lastly, we must engage with the Chi- the rights of the individual, we have a agreement to implement an African nese to leverage their influence on the responsibility to speak out when those Union-United Nations hybrid peace- Sudanese Government and help put a rights are violated, whether at home or keeping force. If true, this agreement stop to this violence. As the principal abroad. This House has already taken to deploy the so-called ‘‘heavy support buyer of oil from the Sudan, the Chi- action condemning the situation in package’’ would provide for an addi- nese have the ability to exert political Sudan, but still more must be done to tional 3,000 peacekeepers, helicopters, and financial pressure on President end this humanitarian crisis. That is and significant logistical and military Bashir. We need their help to end the why I am joining with my colleagues in support for the hybrid force. But as the genocide. supporting this resolution. African Union told us, they need at I salute the faith community and our The resolution calls on the League of least 22,000-plus troops. young people around the country who Arab States, Sudan’s neighbors, to ac- So whether or not we see this 3,000 are organizing and speaking out and knowledge the genocide in Darfur and force come into Darfur remains to be working day and night to end this step up their efforts to end this geno- seen. Past experience has taught us genocide. This week they are con- cide. This crisis has cast an inter- that we can never take President ducting a series of ‘‘Darfur Days’’ as national spotlight on Darfur and the Bashir at his word. News reports the they continue to say ‘‘not on our region, and we must urge the Arab very next day detailed a United Na- watch.’’ We hope that our friends in League to step up their efforts and join tions investigation that caught Khar- the Arab world join these young people with the world in ending genocide. toum disguising military supply planes in saying not on their watch, never will While I have never seen anything like in United Nations colors in order to this happen again. what I saw in Darfur, the situation is supply weapons to their janjaweed al- I just want to mention that our be- not completely hopeless. The humani- lies. loved colleague Congresswoman Jua- tarian assistance the United States is

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.011 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4061 providing is helping millions of people League. I ask the Arab League to hear ernment officials, as we in Congress in desperate circumstances, but we our voices, not only in Darfur, but also often do. But we also had the oppor- must continue using international in the northern part of the continent, tunity to see for ourselves the condi- sanctions to force access for additional also in the Middle East. They must tions that human beings are living in peacekeeping and humanitarian mis- come forward and have the courage and today. And while I hope our meetings sions in order to stabilize this volatile the guts to speak up and do something. with government officials were useful, place and prevent further genocide. The bill before us today would call I know the view I saw, the scenes that Madam Speaker, while I was in upon that league to recognize the con- were brought to my attention, the peo- Darfur, we had the opportunity to visit flict in Darfur as genocide, the past ple of Darfur I met transcend any the Alsalom Internally Displaced Per- resolution supporting and accepting a meeting I could have had with a gov- sons Camp, where some 47,000 people robust hybrid United Nations-African ernment official to discuss what is live in the most humble of conditions, Union peacekeeping force, and to work going on. But it was an opportunity for some in huts made of twigs barely the with all the parties involved in the re- me to see my life change as a human size of a pup tent, with perhaps a piece gion. being, and to see that we all have a of cloth or plastic to provide some ad- There can be no excuse for inaction. cause to see that life prevails and jus- ditional protection. This is one of a By most estimates, over 400,000 people tice endures. hundred such camps spread across in Darfur have died, and an astounding Upon my return, Madam Speaker, Darfur containing nearly 2 million peo- 2.5 million people have been made into last Tuesday I took the opportunity to ple. refugees, creating a humanitarian cri- visit the Holocaust Museum. That While there, we had the opportunity sis of shocking proportions. week was the Week of Remembrance of to meet some very wonderful and very Terror comes in many forms, none of the Holocaust. And while there, I saw desperate people. We had the oppor- which are convenient. Many worry that the quote from Isaiah, Isaiah 43:10, tunity to look into the eyes of chil- the relative inaction of the Arab ‘‘You are my witness.’’ Madam Speak- dren, children who have the same hopes League to this crisis is subject to fuel er, that speaks to me and should speak and expectations that all young chil- the following falsehoods: to all of us. We are the witnesses of a dren have, and yet, as I stood there, I The fact is that this conflict is not holocaust today. realized how uncertain their future about Muslims versus non-Muslims be- Many Members of Congress, much was. cause the people of Darfur are predomi- more so than me and for much longer As long as that condition exists, the nantly Muslim. This conflict is not periods of time, have paid attention to United States must continue to be the about Arabs versus non-Arabs because this issue and have been trying to rise leader in shining a spotlight on what is the Arabs of Darfur have stood against to the occasion and bring awareness to going on in Sudan and working to- the Sudanese Government’s war. the world, and I commend those col- gether to bring an end to this atrocity, Quite simply, this conflict is about leagues who have been outspoken on and to bring hope, real hope, to those the Sudanese Government’s attempt to this issue for a long, long time, and children. subjugate and brutalize the innocent today I join them. Mr. ACKERMAN. Madam Speaker, I people of Darfur. President Bashir is Recently, I returned back to the Hol- ocaust Museum where President Bush yield 3 minutes to the gentleman from not in denial. He is allowing the geno- spoke. He spoke certainly about the re- New Jersey, Congressman BILL cide. membrance of the death and destruc- PASCRELL, a member of the Committee Mr. SMITH of New Jersey. Madam tion of the Jewish community, the peo- on Ways and Means. Speaker, I yield such time as he may ple of Jewish faith who have suffered, Mr. PASCRELL. Madam Speaker, I consume to the distinguished gen- but he also brought home the impor- rise to speak on an issue on which our tleman from Kansas (Mr. MORAN). tance of addressing genocide and death Nation is united and the House is Mr. MORAN of Kansas. I appreciate the gentleman from New Jersey yield- today. united, an issue upon which people I commend the President for his de- ing time. He has been a leader on this from different political parties, people mands that the Sudanese Government and other issues for so long, and I am from all races and religious faiths allow the African Union and the United agree upon, and that is the issue of honored to be here with him here Nations peacekeeping force, that they Darfur. It should be a lesson for the today. be allowed to reach out and be in- Madam Speaker, often on this floor, rest of the day, what Ms. LEE and what creased in their force, that they reach way too often from my perspective, we Mr. SMITH are doing here. out to rebel leaders, that the Sudanese So I stand today as a proud cosponsor see a divisive, partisan discussion and Government end its support for violent of this legislation, the Darfur Partners debate. But, Madam Speaker, today we janjaweed militia and they permit hu- for Peace for 2007. And I wish to thank speak about an issue in which there is manitarian aid workers to do their both Congresswoman LEE and Con- no partisanship and there is no polit- work. President Bush outlined some gressman SMITH, and all the rest who ical divide, and that, Madam Speaker, steps that we as a country are willing had anything to do with this, my good is what is transpiring and has tran- to take and requests that we will make friend, Congressman PAYNE, your per- spired over the last several years in to the United Nations. sonal experiences are heart wrenching, Darfur. Congress designated last week as The and America is listening. We know that there have been 2 mil- Days of Remembrance in order to com- America and much of the world lion citizens of Sudan who no longer memorate the victims of the Holo- stands united on the fact that more live in their homes or villages. We caust. While at the Holocaust Museum, needs to be done to end the ongoing know that there has been 450,000 people I learned much about the reach of the genocide in Darfur and finally address killed in Sudan. It is something that Holocaust and saw the images of death the dire humanitarian situation in the demands our attention. It is something and dehumanization. region. I have never seen an issue af- that we as Congress, we as a country, As I reflected upon the Jews’ past fect young Americans more than this we as a world, must come together to and considered the future of African issue on Darfur. We need to tap that. bring the death and destruction, the in- tribes in Darfur, I have a question to They are engaged. humanity and the hunger and violence ask: Are we going to wait until the pro- A few nations, including China, have to an end. portions of death are similar to the stood in the way of applying real pres- Madam Speaker, I had the oppor- Holocaust before we take action? sure to the Sudanese Government to tunity several weeks ago to join the The part of the exhibit that moved allow a real U.N. peacekeeping force so honorable majority leader (Mr. HOYER), me the most, Madam Speaker, was the that the people of Darfur can finally the distinguished majority leader of list of 10,000 individuals who took ac- have a sense of security, like every this House, along with the ranking Re- tion during the Holocaust. They have human being desires. publican of the House Foreign Affairs been identified by the Israelis as ‘‘the Among those who arguably have not Committee, ILEANA ROS-LEHTINEN, to Righteous Among the Nations,’’ those done enough to end this horrendous visit Darfur. And there, of course, we who risked their lives to save innocent genocide are the nations of the Arab had the opportunity to visit with gov- Jews during Nazi rule.

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.013 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4062 CONGRESSIONAL RECORD — HOUSE April 25, 2007 When the conflict in Darfur has has tremendous responsibility to pro- thank Mr. SMITH for his leadership over ended, everyone will feel sorrow for the tect human rights and to maintain law the more than two decades, almost a unnecessary loss of life. But will our and order. However, I would submit quarter of a century that he and I have Nation be among those, will we, as in- that the policies of the United States, served together in this House. dividuals, be among those who feel since the Government of Sudan has This is a serious issue. shame for inaction, or will we have the said to be cooperating in the dubious I want to congratulate JERRY MORAN. opportunity to have pride for standing war on terrorism, the Government of JERRY MORAN had not been on many up for justice in Darfur? the United States has not been aggres- codels or traveled. BARBARA LEE came Mr. ACKERMAN. Madam Speaker, I sive enough in causing Sudan to assert over to me as he was speaking and said yield 2 minutes to the gentleman from its responsibility for matters affecting he got the message. Illinois, the Honorable BOBBY RUSH, Darfur in the first place. That is why we travel. Sometimes chairman of the Energy and Commerce Furthermore, there has to be a com- the public thinks that traveling is just Subcommittee on Commerce Trade and mitment obtained by that government a junket. Going to Darfur is no junket. Consumer Protection. to, first of all, investigate any of the Living in Darfur is much worse. Mr. RUSH. I want to thank the gen- war crimes and to see them taken to When I determined that I was going tleman for yielding, and I want to com- the ICC. to take a delegation overseas as my mend you and all the others, my col- I think that it is imperative that this first trip as majority leader of this league from California, my other col- Congress not just pass this resolution House, I thought that I wanted to go to leagues and friends who have worked so but makes this the beginning of an on- someplace where it was important that tirelessly on this particular issue, and going effort to address the issues in we tell the world that we thought they on other issues. Darfur. ought to be paying attention to. The Mr. SMITH of New Jersey. Madam Congresswoman LEE, you are an in- world has been paying attention to it, Speaker, I reserve the balance of my spiration to all of us because of the so many people have gone to Darfur. time. stance that you take on these and But we went to Darfur, 11 of us went to Mr. ACKERMAN. Madam Speaker, it other humanitarian issues. Darfur, myself, BARBARA LEE from is now my distinct honor to yield to Madam Speaker, I rise today to show California, JERRY MORAN from Kansas, the gentleman from Maryland, the dis- my strongest support for the Darfur ILEANA ROS-LEHTINEN as the ranking tinguished majority leader of the Partners for Peace Act. We must con- Republican on the Foreign Affairs House of Representatives, recently re- tinue to put pressure on the inter- Committee, GREG MEEKS from New turned from leading the delegation in national community to intervene on York, BRAD MILLER from North Caro- this House personally to see the suf- behalf of the hundreds of thousands of lina, G.K. BUTTERFIELD from North men, women and children who are fering going on, Mr. STENY HOYER. Mr. HOYER. I thank my friend Mr. Carolina, BOB GOODLATTE from Vir- being brutally slaughtered even as we ginia, RAY LAHOOD from Illinois, JOHN speak in the killing fields called ACKERMAN for yielding, and I thank him for his leadership and commitment BARROW from Georgia, and JIM COSTA Darfur. With over 2 million people dis- from California. A delegation of Demo- placed, and more than 400,000 people for decades to issues of human rights, humanitarian concerns, and peace. crats and Republicans who, when the murdered, we cannot allow the world plane took off from Andrews Air Force to become numb to the tragedy that is I thank my friend BARBARA LEE who has been such an extraordinary leader. Base, flew not as Republicans or Demo- taking place in the Sudan. crats, but flew as Americans, flew as Madam Speaker, after Rwanda we She worked for a gentleman that is a great hero of mine, Ron Dellums, who, Americans who were concerned about said ‘‘Never again. Never again. Never humanitarian distress. again.’’ Well, Madam Speaker, never is when he was on this floor raised his voice for peace, raised his voice on be- Madam Speaker, I want to thank the now. This is a genocide, and now is the gentlewoman from California, Con- time to act. Now is the time to speak half of the dispossessed, raised his gresswoman LEE, for her hard work in out, and now is the time to stand up voice on behalf of those who were bringing this important bipartisan res- against this viciousness and cruelty. under attack. BARBARA LEE has contin- olution to the floor this morning and Madam Speaker, we can do no less ued that very strong voice in rep- for her dedicated leadership in focusing than to use all of the resources, every resenting that district. She is one of attention on the continuing genocide resource at our command, every fiber the experts in this House on issues re- in the Darfur region of Sudan. in our body, every moral indignation lating to Africa, issues relating to JERRY MORAN is correct; all of us that we can find in our humanity. We AIDS, and on efforts to attain peace know that we talk about never forget- can do no less than to stand up now and securing this world for the citizens ting, but never forgetting is not and to speak out against the killing of of this world. enough. Remembering is the first step, women, men and children in Darfur. I am also, Madam Speaker, very but acting is the absolutely essential Our future as a nation will be predi- pleased to join my friend CHRIS SMITH. step. cated on the issues and on how we I had the privilege of cochairing the react and stop this genocide. Helsinki Commission with Mr. SMITH Since 2003, more than 400,000 people Madam Speaker, a year from now, 2 for a number of years and serving with have been killed in Darfur, and an esti- 1 years from now, 10 years from now, 20 him for 15 years on the Helsinki Com- mated 2 ⁄2 million people have been dis- years from now an apology should not mission before I became the minority placed, mothers, sisters, brothers, old be necessary and an apology should not whip and took leave from the commis- and feebled, sick. be appropriate for this kind of tragedy. sion. I want to thank him. Not only in Our delegation, as I know you have, Never is now. Speak out now. a collegial sense does he participate in Mr. SMITH, Mr. ACKERMAN, I know you these matters, but probably as much as as well, have had the opportunity to b 1115 any Member in this House of the 435 visit in the camps, in the medical fa- Mr. SMITH of New Jersey. Madam and the literally, probably, 2,000 that cilities, talked to the mothers, talked Speaker, I reserve the balance of my he and I have served with over the to the children. I talked to a grand- time. years has personally, individually, mother who had been forced away from Mr. ACKERMAN. Madam Speaker, to gone to some of the most troubled her home by somebody. Was it the gov- the Tenth District of Ohio, the Honor- spots in the world. No publicity, no ernment? Was it a rebel group? Was it able DENNIS J. KUCINICH, chairman of large delegation, no Air Force plane; I simply a band of thieves and criminals? the Oversight and Government Reform am going to speak briefly about the Whatever it was, she was homeless. Her Subcommittee on Domestic Policy, I fact that we were able, but on his own. family was dispossessed, and she had yield 1 minute. He and FRANK WOLF, two of our Mem- nowhere to go except a displaced per- Mr. KUCINICH. I thank the gen- bers who have gone to people in trouble son’s camp. That calls out to us to us tleman. and at risk and taken their hand and in this House, it calls out to everybody Madam Speaker, it has been long rec- heard their story and brought it back in this globe to respond in a positive ognized that the Government of Sudan and exposed it to the light of day. I way to relieve that suffering.

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.014 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4063 The United Nations has identified the peace process, which was what this res- some almost 10 years ago, the devasta- situation in Darfur as the worst cur- olution is designed to do. tion of HIV/AIDS, and we have pursued rent humanitarian and human rights And, fifth, we must work with the these issues of empowerment. Sudanese Government to help forge a crisis in the world. The United States b 1130 calls it genocide. comprehensive plan for stability and Simply stated, the international reconstruction across the whole of the There is no doubt, there is no quar- community must not turn a blind eye country. North Sudan was mentioned reling with the fact that 450,000 have to the suffering of innocents as has by my friend BILL PASCRELL, as well as died. The janjaweed is alive and well. It happened far too often throughout South Sudan which we visited. is important that Members of Congress human history. Madam Speaker, I again want to have been to the Darfur region and the The international community’s thank Congresswoman LEE, Congress- south. plaintive cry ‘‘never again’’ requires man ACKERMAN, Congressman SMITH, I am reminded of the time that I sat real collective action in Darfur now. and all of our colleagues for this effort on the ground in Chad with refugees There are people acting now, but they today. They continue to focus on fleeing from the Sudan, and looked in do not have enough help. This time we Darfur. I urge all of my colleagues to the faces of women who had been bru- must prove that we mean it: Not now, unanimously support this very impor- talized and raped only because they never again. tant resolution, a call to action, a call left their village to get firewood to sur- House Concurrent Resolution 7 has to humanitarian relief. vive. That is what is going on today in 115 cosponsors on both sides of the Mr. SMITH of New Jersey. Madam 2007. aisle, and it is my hope that it will get Speaker, I yield myself 2 minutes. I also remember the time I can say 433, we have two Members who are no First, let me say to the distinguished on the floor of the House that I was longer with us, 433 votes. This is an im- majority leader, I want to thank him banished, and not as some Members portant step in this cause. for his leadership on a broad range of have been over the years, given visas to Congresswoman LEE’s resolution human rights issues. And I think it enter into Darfur and had to be uti- calls on the League of Arab States to speaks volumes that the first trip as lizing extraordinary means. This is in- acknowledge the genocide in Darfur, to majority leader that you put together human. This is not civil. This is not a support and accept the United Nations was to Darfur to try to promote peace nation that is part of the world family. peacekeepers as the best option to en- and reconciliation. So I very much This resolution is very straight- force a cease-fire, protect civilians, and want to commend you for that. forward: Get your friends to talk to ensure access for humanitarian work- I also thank you for your com- you about ensuring the United Nations ers, to work with the international pliments to FRANK WOLF and I; but I can do its work. I ask that this resolu- community to bring about a lasting would add to that, when you talk about tion be supported so the raped women peace in Darfur. going to remote places, that also ap- can have relief and response. In fact, Madam Speaker, during the plies to you. I think Members should Madam Speaker, the current crisis in the recent bipartisan congressional delega- know that there were a number of trips Darfur region of Sudan is of paramount impor- tion that I have spoken of to Sudan, a that we undertook during the dark tance. Although Americans may differ greatly codel which included, as I said, Con- days of the Soviet Union when human on many issues, there is a widespread and gresswoman LEE and the others, we rights were being crushed daily. I will broad-based consensus among Democrats also went to Egypt. Egypt is one, of and Republicans alike that the ongoing geno- course, of the most important members never forget a trip we took to Lith- cide in Darfur is intolerable and must be of the arab League, the largest Arab uania, led by then Chairman HOYER ended. Today we are presented with a great state, an important member in the when Lansbergis, the President, was opportunity to work in a bipartisan fashion to league. I have been told that President under siege, was literally surrounded achieve a humanitarian result in responding to Mubarak, at our request when we met by Soviet Black Berets. And we went the overwhelming suffering in Darfur. with him, followed up on his pledge to there, to be a presence, to be a deter- Not since the Rwandan genocide of 1994 our delegation to reach out to Suda- rent. Just prior to our arrival, more has the world seen such a systematic cam- nese President Bashir who has, unfor- than a dozen people were murdered at paign of displacement, starvation, rape, mass tunately and tragically, been part of TV tower, the gentleman will recall, the problem, not part of the solution, but he nevertheless led our delegation murder, and terror as we are witnessing in deemed by the international commu- to Vilnius and I do believe it had an Darfur for the last three years. At least nity as someone who has facilitated impact in trying to mitigate further 400,000 people have been killed; more than 2 and, yes, even participated in the hu- bloodshed. That’s just one example. So million innocent civilians have been forced to manitarian crisis that exists. We urged I want to commend the distinguished flee their homes and now live in displaced-per- his government and President Mubarak majority leader for his leadership on sons camps in Sudan or in refugee camps in says that he has urged Bashir to accept Darfur. neighboring Chad; and more than 3.5 million and facilitate humanitarian workers’ Madam Speaker, I yield 2 minutes to men, women, and children are completely reli- work, to make their visas acceptable, Ms. SHEILA JACKSON-LEE. ant on international aid for survival. make their travel around the country (Ms. JACKSON-LEE asked and was Unless the world stirs from its slumber and easier. I also understand that Foreign given permission to revise and extend takes concerted and decisive action to relieve Minister Gheit, with whom we met, is her remarks.) this suffering, the ongoing genocide in Darfur currently in Sudan, and it is my hope Ms. JACKSON-LEE of Texas. I can will stand as one of the blackest marks on hu- that he is delivering the same message rise enthusiastically to thank both Mr. mankind for centuries to come. The people of that we spoke of. ACKERMAN for managing this bill and Darfur cannot wait. The time has come for de- Now is not the time to offer a full re- his leadership and certainly sensitivity cisive leadership from the United States. port of our codel; however, I do want to to these issues. I thank my good friend It has been more than 2 years since my col- briefly highlight the five specific steps and colleague, Ranking Member SMITH, leagues and I in the Congressional Black Cau- that I believe must be taken in Darfur who has much roadway in front of him cus Darfur Task Force met with Secretary without delay. and behind him on these issues dealing Colin Powell. We pressed successfully for the First, it is imperative that we con- with human rights. I am very proud to Administration to declare that the campaign of tinue to ensure humanitarian access in be a strong member of the Human ethnic cleansing and atrocities against civilians Darfur. Rights Caucus that has worked consist- in Sudan is genocide. The atrocities are com- Second, the international community ently on addressing these issues. And, I mitted primarily by the government of Sudan must insist that the Bashir govern- thank my friend and colleague, Con- and its allied Janjaweed militias. ment accept more peacekeeping troops. gresswoman BARBARA LEE. We have It has been more than a year since I flew to Third, we must initiate a process by worked on many, many issues to- Chad, walked across the border to Sudan, and which a political solution between the gether. met with African Union troops who pleaded for warring factions can be reached. I am reminded of our first Presi- more peacekeeping authority and the re- Fourth, we must make a stronger ef- dential congressional trip to Africa, sources to protect the refugees from violence, fort to engage Sudan’s neighbors in the three women who went to address then, rather than merely monitor it. After returning

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 9920 E:\CR\FM\K25AP7.017 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4064 CONGRESSIONAL RECORD — HOUSE April 25, 2007 from that Congressional delegation, I worked not being implemented, and action must be yield 2 minutes to the gentleman from with other Members of Congress to secure in- taken. New York (Mr. ACKERMAN), and that he creased funding to aid the thousands of Suda- We must increase pressure on Sudan Presi- may control that time. nese displaced to refugee camps in Chad and dent Omar Hassan al-Bashir of Sudan to allow The SPEAKER pro tempore. Is there to provide additional funding to assist Chad in in U.N. peacekeepers, or alternatively, a objection to the request of the gen- responding to the humanitarian crisis. peacekeeping force of similar size comprised tleman from New Jersey? It has been almost two years since the UN of Arab and Muslim troops under the auspices There was no objection. Security Council adopted Resolution 1556 de- of the Arab League. As with any government, Mr. ACKERMAN. I thank the gen- manding that the government of Sudan disarm dialogue is the best way to attempt a solution tleman for accommodating our Mem- the Janjaweed. This demand was later fol- to the issue at hand. However, previous en- bers on the majority side. Madam Speaker, I yield 2 minutes to lowed by Resolution 1706, which authorizes a gagements have too often yielded poor re- the gentlewoman from New York (Ms. 20,000 strong U.N. peacekeeping force. sults—the government of Sudan has been all CLARKE), the newest member of our It has been 9 months since the Darfur too willing to cooperate on the surface level by delegation. Peace Agreement was brokered in May 2006 signing agreements and the like and all too between the government of Sudan and one Ms. CLARKE. Madam Speaker, I rise willing to fail to implement them. today in support of H. Con. Res. 7, a faction of Darfur rebels. In 1997, the Clinton Administration imposed However, signs of progress have recently resolution offered by the gentlelady trade and economic sanctions on Sudan, an from California calling on the League emerged, even if it has come too late for the approach which I feel is likely to yield the best dead. The Sudanese government agreed to let of Arab States to recognize the geno- results. However, sanctions imposed by a lim- cide that is currently taking place in a 3,500-person-strong United Nations peace- ited number of countries do not pressure the keeping force enter the country and join the Darfur, Sudan. The facts regarding the government of Sudan adequately enough. It situation on the ground are indis- African Union troops already there. It made must be noted that no just and lasting peace the decision under pressure and only after putable. The Government of Sudan, in Sudan can be achieved without the respon- months of unwarranted backtracking and through its proxy militia, the sible intervention of China. delay. janjaweed, have been launching a For too long, China, which is Sudan’s big- But the Sudanese government has resisted scorched earth campaign in Darfur. the U.N.’s efforts to send 20,000 peace- gest oil consumer, has also served as More than 400,000 people have been keepers to Darfur. Let me be clear: the dif- Khartoum’s enabler and protector by pre- murdered, and more than 2 million ference between a small, targeted force and a venting the U.N. Security Council from impos- have been forcefully displaced. substantial deployment is no mere sticking ing more serious sanctions on Sudan in re- This resolution calls upon the League point. It is absolutely essential. sponse to the genocide and crimes against of Arab States to acknowledge the It is essential to stopping the Arab militias humanity committed in Darfur. As former Dep- genocide in Darfur and to pressure the from continuing to perpetuate a genocide. It is uty Secretary of State Robert Zoellick stated in Sudanese Government to take steps to essential to clearing the path for crucial food a major policy speech on China a year ago: bring the killings to an end. and water and health supplies to reach ref- ‘‘China should take more than oil from The purpose of the League of Arab ugee camps. And it is essential because injus- Sudan—it should take some responsibility for States is to coordinate the cultural and tice is only really addressed when it is obliter- resolving Sudan’s human crisis.’’ It is my hope securities policies of its member ated, not when it is slowed to an excruciating that China may be persuaded to provide the states, of which Sudan is a member. If trickle of displacement, harassment, and dis- type of constructive leadership in Sudan befit- genocide or any atrocity is taking rupted lives. We must have that larger U.N. ting a great power. place in one member state, the other force in Sudan. The international community These are the kind of constructive efforts member states have a duty to recog- has spoken with one voice but more pressure that I feel will best represent the interests of nize and act to end it. needs to be applied on Khartoum. the people of Darfur to bring an end to this Sudan has not moved to end the This resolution urges those who may have horrible crisis. I am in favor of deploying U.N. slaughter of its innocent civilians in the most influence, the Arab League and its peacekeeping troops to the region, and the Darfur. The international community, member states, to declare the systematic tor- U.N. needs to move swiftly. In addition, any in particular the League of Arab ture, rape, and displacement of Darfurians a options regarding United States military inter- States, must be united in its call for genocide; to support and accept U.N. peace- vention should be carefully considered and not Sudan to end the genocide, stop the pil- keepers to enforce the ceasefire, protect civil- ruled out. laging, stop the rape of women and ians, and ensure access to humanitarian as- As we consider these options, Madam girls, disarm the janjaweed and pros- sistance in Darfur; and to work with the United Speaker, I would like to remind you that it is ecute those responsible. Nations, the African Union and the United not too early to begin the planning efforts Mr. SHAYS. Madam Speaker, I strongly States Presidential Special Envoy for Sudan, needed to transform the Darfur region from a support this resolution calling on the Arab Andrew Natsios, to bring about peace and sta- killing field to an economically, politically, and League to acknowledge the genocide in the bility to Darfur, the refugee camps, and along socially viable community. This work will, of Darfur region of Sudan and to step up their ef- the Chadian border. course, require the active and purposeful en- forts to end it. The world collectively agreed to H. Con. Res. 7 urges the League of Arab gagement of the United States and other key ‘‘never again’’ allow genocide after the 1994 States to: (1) declare the systematic torture, stakeholders, such as China, and the Arab mass murders in Rwanda. Tragically, geno- rape, and displacement of Darfurians a geno- League. cide is again taking place. cide; (2) pass a resolution to support and ac- Finally, we must be bold and imaginative in The security, human rights and humani- cept U.N. peacekeepers to enforce the fashioning a solution commensurate with the tarian situation in Darfur has continued to de- ceasefire, protect civilians, and ensure access scale of the problem. The way to do that is to teriorate since the Darfur Peace Agreement to humanitarian assistance in Darfur; and (3) develop a Marshall Plan for the Sudan. But was signed in May 2006. Until a more effec- work with the United Nations, the African the United Nations, and the international com- tive U.N. peacekeeping force can be deployed Union and the United States Presidential Spe- munity, must draw a line in the sand and act to Sudan, we must continue to expand our cial Envoy for Sudan, Andrew Natsios, to bring to stop the genocide in Darfur. The words of support for the existing African Union forces about peace and stability to Darfur, the ref- President Lincoln speak to us from the ages: on the ground in Darfur. ugee camps, and along the Chadian border. [W]e cannot escape history. We, of this It is also critical the international community Nevertheless the violence continues; in- Congress and this administration, will be re- begin implementing and expanding the reach deed, the violence is escalating. This violence membered in spite of ourselves. No personal of some of the measures that have already is making it even more dangerous, if not im- significance, or insignificance, can spare one been agreed in the Security Council including possible, for most of the millions of displaced or another of us. The fiery trial through targeted sanctions, asset freezes and travel persons to return to their homes and for hu- which we pass, will light us down, in honor bans for Sudanese government leaders. manitarian relief agencies to bring food and or dishonor, to the latest generation. Unfortunately the concerns of the United medical aid. According to Jan Egeland, the It speaks volumes that H. Con. Res. 7 has States and many of our allies have fallen on U.N.’s top humanitarian official, the situation in 111 co-sponsors, and I urge all of my col- deaf ears within the Sudanese government. It Darfur is ‘‘going from real bad to catastrophic.’’ leagues to support this resolution. is especially difficult to convince a regime as We have come full circle. Violence is in- Mr. SMITH of New Jersey. Madam callous and apathetic as Sudan of our deter- creasing, peace treaties and resolutions are Speaker, I ask unanimous consent to mination to see the genocide end when other

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 9920 E:\CR\FM\A25AP7.004 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4065 nations are not supporting our efforts. I am the gentleman from New York (Mr. The Chair recognizes the gentleman very concerned China, Russia and Arab ACKERMAN) that the House suspend the from New York. League states have thwarted attempts to rules and agree to the concurrent reso- GENERAL LEAVE lution, H. Con. Res. 7, as amended. enact stronger sanctions and more quickly de- Mr. ACKERMAN. Madam Speaker, I The question was taken. ploy international peacekeepers. There is a ask unanimous consent that all Mem- The SPEAKER pro tempore. In the genocide occurring in Sudan, and all Nations bers may have 5 legislative days to re- opinion of the Chair, two-thirds being are duty-bound to end it. vise and extend their remarks and in- In August of last year the Arab League sup- in the affirmative, the ayes have it. Mr. ACKERMAN. Madam Speaker, on clude extraneous material on the bill ported Sudan’s refusal of a U.N. peace- under consideration. keeping force in Darfur, and then passed a that I demand the yeas and nays. The SPEAKER pro tempore. Is there resolution calling for more time for the Suda- The yeas and nays were ordered. objection to the request of the gen- nese government to improve conditions there. The SPEAKER pro tempore. Pursu- tleman from New York? Madam Speaker, how much time should we ant to clause 8 of rule XX and the give them? How many lives will be lost in the Chair’s prior announcement, further There was no objection. meantime? proceedings on this question will be Mr. ACKERMAN. Madam Speaker, I Stronger action to end the genocide must postponed. rise in strong support of this legisla- be swift and resolving this crisis must be one f tion, and yield myself such time as I may consume. of our world’s highest priorities. Having the as- TORTURE VICTIMS RELIEF Let me first thank the distinguished sistance, or at least ending the willful neglect REAUTHORIZATION ACT OF 2007 of the genocide by Sudan’s Arab League ranking member of the Africa and neighbors, would be extremely helpful. Mr. ACKERMAN. Madam Speaker, I Global Health Subcommittee, my very I thank Congresswoman BARBARA LEE, as move to suspend the rules and pass the good friend, CHRIS SMITH, for his long- well as other members who have championed bill (H.R. 1678) to amend the Torture standing leadership in the fight against this issue, including FRANK WOLF and TOM Victims Relief Act of 1998 to authorize torture. I am very proud to be a co- LANTOS, for bringing this important resolution appropriations to provide assistance sponsor of this very important piece of to the floor, and urge its passage. for domestic and foreign programs and legislation before us today. Ms. WATERS. Madam Speaker, I rise to centers for the treatment of victims of The Torture Victims Relief Act of support H. Con Res. 7, which strongly urges torture, and for other purposes. 1998 is a landmark piece of legislation the League of Arab States to step up their dip- The Clerk read the title of the bill. that enshrines the fundamental com- lomatic efforts to stop the genocide in Darfur. The text of the bill is as follows: mitment of this Nation to assist all This resolution urges the League of Arab H.R. 1678 survivors of torture, wherever and who- States and each individual Member State to: Be it enacted by the Senate and House of Rep- ever they might be. (1) Declare the systematic torture, rape, and resentatives of the United States of America in The programs supported by the Congress assembled, displacement of the people of Darfur a geno- TVRA combat the effects of the most SECTION 1. SHORT TITLE. cide; despicable of all human rights viola- (2) Pass a resolution at their next meeting This Act may be cited as the ‘‘Torture Vic- tims Relief Reauthorization Act of 2007’’. tions: The increasing use of torture to support and accept a United Nations-Afri- around the world. can Union peacekeeping force to enforce the SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR DOMESTIC TREATMENT CEN- Although exact figures are difficult ceasefire, protect civilians, and ensure access TERS FOR VICTIMS OF TORTURE. to ascertain, according to Amnesty to humanitarian assistance in Darfur; and Section 5(b)(1) of the Torture Victims Re- International, a well-respected de- (3) Work with the United Nations, the Afri- lief Act of 1998 (22 U.S.C. 2152 note) is amend- fender of human rights, more than 150 can Union and the United States Presidential ed to read as follows: ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— countries worldwide still engage in tor- Special Envoy for Sudan, Andrew Natsios, to ture. bring about real and lasting peace and stability Of the amounts authorized to be appro- An estimated 400,000 to 500,000 foreign in Darfur, the refugee camps, and along the priated for the Department of Health and Human Services for fiscal years 2008 and 2009, torture victims reside in the United Chadian border. there are authorized to be appropriated to States, and over 100 million may exist On August 20 of last year, the League of carry out subsection (a) $25,000,000 for each worldwide. More than 250 treatment Arab States met in Egypt and supported Su- of the fiscal years 2008 and 2009.’’. centers operate internationally with dan’s refusal to allow a United Nations peace- SEC. 3. AUTHORIZATION OF APPROPRIATIONS the sole purpose of providing medical, keeping force in Darfur. The following month, FOR FOREIGN TREATMENT CENTERS psychological and social services to the League of Arab States called for the FOR VICTIMS OF TORTURE. torture survivors. These crucial facili- United Nations Security Council to give the Section 4(b)(1) of the Torture Victims Re- lief Act of 1998 (22 U.S.C. 2152 note) is amend- ties provide a distinctive type of treat- government of Sudan more time to improve ed to read as follows: ment to those victims. security conditions in Darfur. By that time, it ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— had already been estimated that over 450,000 In the U.S., the Center for Victims of Of the amounts authorized to be appro- Torture, located in Minnesota, was the people had died as a result of genocide in priated for fiscal years 2008 and 2009 pursuant Darfur. Since then the death toll has continued to chapter 1 of part I of the Foreign Assist- first of its kind in the United States to mount. ance Act of 1961, there are authorized to be and the third torture victims treat- Last year, I visited the Darfur region with my appropriated to the President to carry out ment center in the world. good friend, Speaker NANCY PELOSI, and I was section 130 of such Act $12,000,000 for each of The personal ramifications of torture deeply disturbed by what I saw. As far as the the fiscal years 2008 and 2009.’’. are beyond the comprehension of those SEC. 4. AUTHORIZATION OF APPROPRIATIONS who have not gone through it. Torture eyes could see, there were crowds of dis- FOR THE UNITED STATES CON- placed people who had been driven from their TRIBUTION TO THE UNITED NA- leaves no victim unscarred. It shapes homes, living literally on the ground with little TIONS VOLUNTARY FUND FOR VIC- the remainder of their lives. While tarps just covering them. It is unconscionable TIMS OF TORTURE. physical wounds may ultimately heal, that this has been allowed to continue for yet Of the amounts authorized to be appro- torture survivors need ongoing psycho- priated for fiscal years 2008 and 2009 pursuant another year. logical services and therapy to cope to chapter 3 of part I of the Foreign Assist- with post-traumatic stress that afflicts There can be no doubt that what is taking ance Act of 1961, there are authorized to be place in Darfur is genocide, and the govern- appropriated to the President for a vol- them daily. Recovering from torture is ment of Sudan is responsible. The League of untary contribution to the United Nations a long-term process. It can take years Arab States should tell the government of Voluntary Fund for Victims of Torture before torture survivors can once again Sudan that their time is up. I urge my col- $12,000,000 for each of the fiscal years 2008 feel emotionally stable and com- leagues to vote in favor of this resolution, and and 2009. fortable in society. I urge the League of Arab States to take a The SPEAKER pro tempore. Pursu- The bill before the House today funds firm stand against the crime of genocide in ant to the rule, the gentleman from our very important fight against tor- Darfur. New York (Mr. ACKERMAN) and the gen- ture, both nationally and internation- The SPEAKER pro tempore. The tleman from New Jersey (Mr. SMITH) ally. For international programs, this question is on the motion offered by each will control 20 minutes. legislation authorizes $12 million per

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.017 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4066 CONGRESSIONAL RECORD — HOUSE April 25, 2007 year for centers and programs adminis- book detailed despicable tortures that specialized treatment of torture vic- tered through USAID’s Victims of Tor- were routinely imposed upon Pastor tims to mainstream providers in the ture Fund. It also authorizes an addi- Wurmbrand and other religious pris- health care, education and social serv- tional $12 million a year for centers oners in Romania by the securatate. ice fields. and programs administered through Pastor Wurmbrand appealed to all to H.R. 1678 also authorizes $12 million the U.N. Voluntary Fund for the Vic- help the persecuted. for both fiscal year 2008 and 2009 for tims of Torture. I also read Solzhenitsyn’s book, ‘‘The foreign treatment centers and pro- Domestically, our legislation author- Gulag Archipelago,’’ and another book grams administered by the USAID Vic- izes $25 million annually for the De- called ‘‘Against All Hope’’ by Armando tims of Torture Fund. In fiscal year partment of Health and Human Serv- Valladares in which he chronicled what 2006, the Victims of Torture Fund sup- ices so that HHS can assist domestic Castro does routinely to people in his ported treatment programs in 28 coun- treatment centers fully and suffi- gulags—it is sickening and pathetic. tries throughout the regions of Latin ciently. I would encourage Members and the America and the Caribbean, Africa, The sad truth is that torture is not listening public to pick up one of those Asia and the Near East and Europe and waning; if anything, it is on the rise. books or others like them and read Eurasia. As a moral force and a Nation that ex- what really happens in dictatorships— Treatment centers often provide hibits empathy to those in most need, and Castro’s abuses continue to this services beyond rehab, to include foren- it is our firm responsibility to help the day—where torture is used as a weapon sic documentation, written and verbal victims of torture with these com- against dissidents. Sadly, torture is testimony to courts and legislatures, prehensive programs. The funds au- used with impunity in China and North and advocacy for the rights of brutal- thorized are urgently needed to achieve Korea. ized religious, ethnic and minority this goal. I strongly support this legis- Armando Valladares tells us in his groups. This is the expertise Congress lation, and encourage every Member of book in one particular chapter how the sought to foster when we first adopted the House to do so as well. political prisoners were marched into a the TVRA back in 1998. Madam Speaker, I reserve the bal- huge vat of human excrement, and sub- Lastly, the measure increases cur- ance of my time. merged. Many of the men got perma- rent authorization levels of $7 million Mr. SMITH of New Jersey. Madam nent disabilities and infection from it. for fiscal year 2007 to the U.N. Vol- Speaker, I yield myself such time as I The beatings were unceasing. untary Fund for the Victims of Torture may consume. Torture is horrible. It is degrading to $12 million for both 2008 and 2009. Madam Speaker, I want to thank and inhumane. It also constitutes Through this U.N. mechanism, the vol- Chairman LANTOS for his very strong grave violations of U.N. treaties and untary fund supports 175 projects in 64 support for the Torture Victims Relief U.S. law and must be stopped wherever countries in 2006, including within the Reauthorization Act of 2007. His long- it rears its ugly head. United States. The type of humani- standing concern about torture victims In the 1990s, FRANK WOLF and I vis- tarian assistance provided by organiza- is legendary, and I want to thank him ited the infamous Perm Camp 35 in the tions which receive those grants from for that. And I want to thank Mr. ACK- Ural Mountains—1,000 miles outside of the fund consists mainly of psycho- ERMAN for his leadership as well, and Moscow—the place where Natan logical, medical, social, legal and eco- for presenting the bill before the House Sharansky spent years of his life, and nomic assistance. today. met with many torture victims while Madam Speaker, this is a bipartisan Madam Speaker, an estimated 400,000 they were still incarcerated and saw bill, and I urge its passage. Madam Speaker, I reserve the bal- foreign torture survivors reside in the the mix of anger and hopelessness in ance of my time. United States today. Worldwide it is their eyes and in their faces. Mr. ACKERMAN. Madam Speaker, to virtually impossible to count the num- In 1998, Madam Speaker, Congress the gentlewoman from the 18th Dis- bers, although we know it is very high. took a historic step towards repairing trict of Texas, the chairwoman of the As witnesses have repeatedly testified the broken lives of torture victims Homeland Security Subcommittee on before Congress, the paralyzing scars with the passage of the Torture Vic- Transportation Security and Infra- from the physical and psychological tims Relief Act of 1998. I sponsored structure Protection, and also a mem- wounds of torture can and do remain that legislation and three reauthoriza- ber of the Foreign Affairs Committee, for years. Torture impacts not only on tions that followed. As important as SHEILA JACKSON-LEE, I yield 3 minutes. individual victims, especially as it re- these congressional measures have (Ms. JACKSON-LEE of Texas asked lates to post-traumatic stress disorder, been, there continues to be an enor- and was given permission to revise and but their families and society as well. mous unmet need for us to try to reach extend her remarks.) I would note parenthetically, Madam out and robustly address, and that is Speaker, that we don’t have to look what this legislation at least attempts b 1145 very far to know there are torture vic- to do. I strongly urge my colleagues to Ms. JACKSON-LEE of Texas. Madam tims in our own Congress. SAM JOHN- support this. This helps us to help Speaker, we almost wish we did not SON, a very brave and dedicated soldier those who have been hurt. have to come to the floor of the House of the Vietnam war, suffered terrible The domestic provision of H.R. 1678 is to address this question of ongoing tor- hardship and torture when he was in- designed to ensure that particular at- ture in 2007. Again, I offer my apprecia- carcerated in Hanoi. Because of his tention is given to torture victims in tion for this work, your leadership and faith and courage, SAM overcame un- regions with significant immigrant and leadership of this committee, and to speakable torture and abuse and is refugee populations. The measure au- Mr. SMITH who has articulated his on- today an inspiration to us all. The thorizes $25 million for fiscal years 2008 going struggle with a crisis that will same goes for Senator JOHN MCCAIN, and 2009 to the Department of Health break your heart. who also suffered horrible torture, sur- and Human Services to assist domestic Even today we know that torture vived and overcame. But they are real- treatment centers. This maintains the goes on in 150 nations around the ly the exception. They are not the current $25 million authorization level world. We know that some 4- to 500,000 norm. So many people who do suffer for those centers. torture victims have found their way never recover—unless they get signifi- Currently, 20 torture treatment cen- to the United States. Many of us have cant help. They suffer irreparable psy- ters in 15 States are assisted by the De- heard of the lost boys, some of us know chological damage and live a life of partment of Health and Human Serv- the story of Sierra Leone and mutila- real misery, pain and flashback, unless ices Office of Refugee Resettlement. tion that occurred in Rwanda, children they get help. These programs include treatment for who were child soldiers who were vic- My own involvement in torture vic- the physical and psychological effects timized. But do we understand the on- tims relief began in 1981 when I read a of torture as well as social and legal going psychological, traumatic experi- book titled ‘‘Tortured for Christ,’’ services for torture victims. In addi- ences that requires necessary psycho- written by Pastor Richard Wurmbrand tion to direct assistance, many of these logical services and therapy to cope in Nicolae Ceausescu’s Romania. That centers also provide training in the with posttraumatic stress?

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.020 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4067 Now with the Iraq War and Afghan the subcommittee for running the floor here. As SURVIVORS continues to work in War, we hear of prisoners of war and today in such a good manner. the community, it receives an increasing num- the unending suggestions of torture The United States has long been a ber of referrals and requests for services each that have occurred, and so we know haven for those who have been per- year. that even in our own House we must re- secuted and those who have been vic- The professional backgrounds of SUR- spond to the crisis. timized. One of our national symbols, VIVORS’ clients include: business, religious, I rise to support this legislation, H.R. actually the Statue of Liberty, opens government, and farm leaders; university stu- 1678, because its journey is not yet fin- her arms to welcome the most needy. dents and educators; journalists; physicians ished. Let me applaud the author of This bill reaffirms our commitment, and nurses. The significant majority of SUR- this legislation, as I am a cosponsor, the United States commitment, to vic- VIVORS clients suffer from post-traumatic that authorizes $12 million per year for tims of torture. It will provide for es- stress disorder, major depressive disorder, or centers and programs administered sential services for these victims such both. These are normal yet disabling reactions through USAID’s victims of torture as treatment of the physical and psy- for ordinary people who have endured the ex- fund, an additional $12 million per year chological effects of torture. It will treme trauma of torture. for centers and programs administered provide for social and legal services. It Madam Speaker, the TVRRA also author- by the U.N. voluntary fund for victims will provide for research and training izes a contribution to the United Nations Vol- of torture, and $25 million for the De- of health care providers to deal with untary Fund for Victims of Torture (UNVFVT). partment of Health and Human Serv- the trauma of these victims. Funding from the U.N. helps many centers ices. Madam Speaker, in a world that feel more secure in the dangerous work of Let me also salute the Darfur Coali- sometimes seems to be overrun with vi- aiding those that a regime has identified as its tion for Peace. I believe these re- olence, a world that sees so much bru- enemies. The UNVFVT supports nearly 200 sources can be utilized for the tality, this bill actually provides hope treatment programs all over the world, includ- Darfurian women who have reportedly for a group of people, those who have ing nearly all U.S. centers. and repeatedly been raped, a very, very so little and need so much. H.R. 1678 is a vital piece of legislation I thank the authors of this bill for difficult and brutal form of torture. which funds essential services for survivors of bringing it forward, and I certainly These women have not only been raped, torture throughout the 53rd District of Cali- hope that every single Member of this but they have been mutilated. They fornia and San Diego County, and enhances body will vote in favor of it. have been carved and scarred. They the standing and reputation by exporting have bled, and they have a mass of psy- Mrs. DAVIS of California. I want to express America’s values in the form of support for for- chological devastation. my strong support for the Torture Victims Re- eign treatment centers. I strongly urge my col- The Darfur Peace Coalition will be lief Reauthorization Act, H.R. 1678. This im- leagues to join me in supporting this bill that attempting to place tents on the soil in portant legislation funds treatment centers for is so important to so many. Darfur, the only kind of structure that torture survivors who now live in the U.S. Mr. CAPUANO. Madam Speaker, I rise in can then have counselors who will help With help, torture survivors can recover from support of H.R. 1678, Torture Victims Relief these torture victims, these victims of their trauma, rebuild successful lives, and be Reauthorization Act of 2007, which was rape. contributing members of our society. When passed under suspension of the rules today. I This legislation can certainly be a these new Americans rebuild their lives, we all rise also to pay tribute to those who provide partner in finding and weeding out tor- have much to gain. these tragically essential services. ture where it is, but more importantly, I also want to take this opportunity to recog- in dealing with the torture victims who nize the efforts of Survivors of Torture, Inter- I am privileged to represent the Boston Cen- may have some small chance of regain- national (SURVIVORS) in my district of San ter for Refugee Health and Human Rights. ing their lives again. Diego, California. SURVIVORS is an inde- The BCRHHR, based at Boston Medical Cen- I rise to support this legislation in pendent, nonprofit organization dedicated to ter, cares for survivors of torture, slavery, op- sadness, because its work is yet not caring for survivors of politically-motivated tor- pression, and war. Its dedicated physicians, done, and every day we know that ture and their families living in San Diego therapists, and social workers provide indi- there may be a victim of torture. I am County. vidual counseling and group support, as well proud of this Congress in moving for- Approximately 11,000 torture survivors are as legal, social, and vocational services to in- ward on this legislation, and I ask for living in San Diego County today. These sur- dividuals and families who, in many cases, its passage. vivors are from countries where the systematic have nowhere else to turn. Patients have suf- Mr. SMITH of New Jersey. Madam use of torture is documented, including nations fered terrible injuries, both physical and psy- Speaker, due to an event at the White in Africa, Southeast Asia, the Middle East, and chic, and most are grieving the loss of close House on malaria, I ask unanimous Latin America. friends and relatives. Above all, the Center consent to yield the remainder of our Since its founding in 1997, SURVIVORS recognizes the essential connection between time to the gentleman from Arkansas has helped more than 650 torture survivors health and human rights. Its clinical work suc- (Mr. BOOZMAN) and that he be able to from more than 50 countries to recover from ceeds, I believe, because it helps people re- control the balance of our time. their trauma through a holistic program includ- gain their sense of dignity and worth as The SPEAKER pro tempore. Is there ing medical, dental, psychiatric, psychological, human beings. objection to the request of the gen- legal and social services. There is also a need Doctors work closely with pro bono lawyers tleman from New Jersey? to continue to make services even more com- to support political asylum applications and to There was no objection. prehensive. reunite families of refugees and asylum seek- Mr. BOOZMAN. Madam Speaker, we SURVIVORS empowers torture survivors to ers. Shame and anxiety may keep torture sur- do not have any more speakers. Can I reclaim the strength and vitality that were sto- vivors from seeking asylum because, in order ask the gentleman if he has any more? len from them by brutal dictators and govern- to gain asylum, applicants must recount their Mr. ACKERMAN. I thank the gen- ments. The specialized care SURVIVORS pro- sufferings in a judicial setting. Thus, in order tleman. I yield 2 minutes to the gentle- vides these vulnerable individuals helps them to secure their patients’ freedom to remain in woman from California (Ms. WOOLSEY), to become self-sufficient, healthy members of the United States, doctors must help them as the chairwoman of the Education and their own families and of our community. SUR- they relive their traumas. They give them cour- Labor Subcommittee on Workforce VIVORS currently serves more than 300 sur- age to persevere and they sustain the hope Protections and a member of the For- vivors of torture and their families living in San that, once asylum is granted, surviving eign Affairs Committee. Diego County. spouses and children can enter the United Ms. WOOLSEY. Madam Speaker, I SURVIVORS works with refugees, asylees, States. would like to thank Congressman asylum seekers, and immigrants who are sur- One wishes our world did not need services SMITH for his work to bring this reau- vivors of torture. By working with this large for survivors of torture, but we do need them. thorization and this important issue to population in San Diego County, SURVIVORS We are privileged, as Members of Congress, the House floor, and I want to thank is strengthening the Nation: many of its clients for this opportunity to recognize and support the chairman of the committee, Chair- move to other communities in the United this work. man LANTOS, for moving the bill so States after receiving the care and services Mr. BOOZMAN. Madam Speaker, I quickly, and our wonderful chairman of necessary to successfully build a new life continue to reserve my time.

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.039 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4068 CONGRESSIONAL RECORD — HOUSE April 25, 2007 Mr. ACKERMAN. If the gentleman attacks. Hezbollah terrorists used Lebanese resulted in the killing of eight brave will yield back the balance of his time, civilians as human shields, sacrificing the Israeli soldiers and the kidnapping of we are prepared to do so as well. innocent in an effort to protect themselves two others, Ehud Goldwasser and Eldad Mr. BOOZMAN. Madam Speaker, I from Israeli response . . .’’; Regev. Whereas Jan Egeland, United Nations Un- yield back the balance of my time. dersecretary-General for Humanitarian Af- The suffering of the Lebanese people Mr. ACKERMAN. I yield back the fairs and Emergency Relief Coordinator, ac- was immense as thousands fled their balance of our time. cused Hezbollah of ‘‘cowardly blending . . . homes in the subsequent fighting. The SPEAKER pro tempore. The among women and children’’; Many homes were damaged or de- question is on the motion offered by Whereas for states parties to Additional stroyed, and lives were lost. the gentleman from New York (Mr. Protocol I, such as Lebanon, Article 50(1) to The key reason that civilian areas ACKERMAN) that the House suspend the the Geneva Convention defines civilian as, were destroyed was the cynical strat- rules and pass the bill, H.R. 1678. ‘‘[a]ny person who does not belong to one of egy of Hezbollah guerrillas to stage the categories of persons referred to in Arti- their attacks from the middle of towns The question was taken. cle 4(A)(1), (2), (3), and (6) of the Third Con- The SPEAKER pro tempore. In the vention and in Article 43 of this Protocol. In and residential areas. opinion of the Chair, two-thirds being the case of doubt whether a person is a civil- The use of civilians as human shields in the affirmative, the ayes have it. ian, that person shall be considered a civil- is reprehensible and is in direct viola- Mr. ACKERMAN. Madam Speaker, on ian.’’; tion of all the laws of warfare. Indeed, that I demand the yeas and nays. Whereas for states parties to Additional the Rome Statute of the International The yeas and nays were ordered. Protocol I, such as Lebanon, Article 51(7) to Criminal Court provides that such con- The SPEAKER pro tempore. Pursu- the Geneva Convention states, ‘‘[T]he pres- duct is a serious violation of the laws ence or movement of the civilian population of war and should be prosecuted. ant to clause 8 of rule XX and the or individual civilians shall not be used to Chair’s prior announcement, further render certain points or areas immune from This resolution properly condemns proceedings on this question will be military operations, in particular in at- the use of human shields and, in par- postponed. tempts to shield military objectives from at- ticular, the conduct of Hezbollah in tacks or to shield, favour or impede military this bloody conflict. Let us make no f operations. The Parties to the conflict shall mistake. The loss of civilian life in EXPRESSING DEEP CONCERN OVER not direct the movement of the civilian pop- Lebanon was due solely to Hezbollah’s THE USE OF CIVILIANS AS ulation or individual civilians in order to at- cruel and uncivilized use of civilian HUMAN SHIELDS tempt to shield military objectives from at- areas as military bases. Meanwhile, tacks or to shield military operations.’’; and Mr. ACKERMAN. Madam Speaker, I Whereas Convention IV, Article 28, Rel- Hezbollah used rocket fire to murder move to suspend the rules and agree to ative to the Protection of Civilian Persons in Israeli civilians indiscriminately and the resolution (H. Res. 125) expressing Time of War of the Geneva Convention to destroy Israeli civilian areas that deep concern over the use of civilians states, ‘‘The presence of a protected person were of no military value whatsoever. as ‘‘human shields’’ in violation of may not be used to render certain points or This resolution calls on all respon- international humanitarian law and areas immune from military operations.’’: sible nations to condemn such heinous Now, therefore, be it the law of war during armed conflict, acts and to work to eliminate them. No Resolved, That the House of Representa- nation that calls itself a member of the including Hezbollah’s tactic of embed- tives— ding its forces among civilians to use (1) strongly condemns the use of innocent international community can engage them as human shields during the sum- civilians as human shields, including in such barbaric practices. In conflicts mer of 2006 conflict between Hezbollah Hezbollah’s use of this brutal and illegal tac- all over the globe, human shields have and the State of Israel, as amended. tic during the summer of 2006 conflict with been used for various purposes. None of The Clerk read the title of the resolu- Israel; them are acceptable. (2) calls on responsible nations to condemn Let us urge the President and our tion. the use of civilians as human shields as a The text of the resolution is as fol- friends and allies to join us and do violation of international humanitarian law; their utmost to stop the use of human lows: and shields once and for all. H. RES. 125 (3) calls on responsible nations and experts in the area of international humanitarian Madam Speaker, I urge all of our col- Whereas the term ‘‘human shields’’ refers leagues to support the resolution. to the use of civilians, prisoners of war, or law to focus particular attention on the use other noncombatants whose mere presence is of human shields in violation of inter- Madam Speaker, I reserve the bal- designed to protect combatants and objects national humanitarian law and make further ance of my time. from attack; recommendations on the prevention of such Mr. BOOZMAN. Madam Speaker, I Whereas the use of human shields violates violation in the future. yield myself such time as I may con- international humanitarian law (also re- The SPEAKER pro tempore. Pursu- sume. ferred to as the Law of War or Law of Armed ant to the rule, the gentleman from During last summer’s war between Conflict); New York (Mr. ACKERMAN) and the gen- Israel and Lebanon, which was initi- Whereas throughout the summer of 2006 tleman from Arkansas (Mr. BOOZMAN) ated by Hezbollah jihadist militants conflict with the State of Israel, Hezbollah each will control 20 minutes. breaching Israel’s border and killing forces utilized human shields to protect themselves from counterattacks by Israeli The Chair recognizes the gentleman and kidnapping Israeli soldiers, forces; from New York. Hezbollah extremists used Lebanese ci- Whereas the majority of civilian casualties GENERAL LEAVE vilians as human shields to protect of that conflict might have been avoided and Mr. ACKERMAN. Madam Speaker, I themselves from counterattacks by civilian lives saved had Hezbollah not em- ask unanimous consent that all Mem- Israeli forces. ployed this tactic; bers may have 5 legislative days to re- Hezbollah jihadists embedded their Whereas the news media made constant vise and extend their remarks and in- forces among innocent civilians in vio- mention of civilian casualties but rarely clude extraneous materials on the reso- lation of international law. pointed to the culpability, under inter- According to Secretary of State national law, of Hezbollah for their lution under consideration. endangerment of such civilians; The SPEAKER pro tempore. Is there Condoleezza Rice, ‘‘Hezbollah and its Whereas United States and international objection to the request of the gen- sponsors have brought devastation leaders attempted to call the use of human tleman from New York? upon the people of Lebanon, dragging shields to the world’s attention; There was no objection. them into a war that they did not Whereas on August 11, 2006, Secretary of Mr. ACKERMAN. Madam Speaker, I choose, and exploiting them as human State Condoleezza Rice stated, ‘‘Hezbollah rise in strong support of this resolution shields.’’ and its sponsors have brought devastation and yield myself such time as I might To express deep concern over the use upon the people of Lebanon, dragging them of civilians by Hezbollah and to con- into a war that they did not choose, and ex- consume. ploiting them as human shields . . .’’; Last year, we witnessed a tragic con- demn these actions, my distinguished Whereas on August 14, 2006, President flict in Lebanon, instigated by colleagues, Congressman RON KLEIN George W. Bush stated, ‘‘Hezbollah terrorists Hezbollah’s unprovoked cross-border and Congresswoman ILEANA ROS- targeted Israeli civilians with daily rocket raid into Israel. This Hezbollah action LEHTINEN, introduced this bill.

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.023 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4069 Among other things in the bill, it (2) urges such multi-party negotiations to knowledged firing thousands of American strongly condemns the use of innocent begin as soon as possible, including delega- cluster munitions into southern Lebanon but civilians as human shields, including tions from the governments of Israel, the denied violating agreements that prohibit Hezbollah’s use of this savage and ille- Palestinian Authority, Lebanon, Iran, Syria, their use in civilian areas, the officials said. Jordan, and Egypt; and The cluster munitions included artillery gal tactic during last summer’s war be- (3) supports an international peacekeeping shells, rockets and bombs dropped from air- tween Israel and Lebanon; calls on the mission to southern Lebanon to prevent craft, many of which had been sold to Israel international community to recognize cross-border skirmishes during such multi- years ago, one official said. and condemn these violations of inter- party negotiations. Before firing at rocket sites in towns and national law; and calls on responsible villages, the Israeli report said, the Israeli nations and experts in the area of [From the New York Times, Jan. 28, 2007] military dropped leaflets warning civilians of the attacks. The report, which has not international humanitarian law to pay ISRAEL MAY HAVE VIOLATED ARMS PACT, U.S. SAYS previously been disclosed, also noted that special attention on the use of human (By David S. Cloud and Greg Myre) many of the villages were deserted because shields in violation of international hu- civilians had fled the fighting, the officials WASHINGTON, Jan. 27.—The Bush adminis- manitarian law and make further rec- said. tration will inform Congress on Monday that ommendations on the prevention of David Siegel, a spokesman for the Israeli Israel may have violated agreements with Embassy in Washington, said Israel ‘‘pro- such violation in the future. the United States when it fired American- I urge my colleagues to support this vided a detailed response to the administra- supplied cluster munitions into southern tion’s request for information’’ on its use of very important legislation. Lebanon during its fight with Hezbollah last cluster munitions ‘‘to halt Hezbollah’s Madam Speaker, I reserve the bal- summer, the State Department said Satur- unprovoked rockets attacks against our ci- ance of my time. day. vilian populations centers.’’ Mr. ACKERMAN. Madam Speaker, I The finding, though preliminary, has He added, ‘‘Israel suffered heavy casualties yield 5 minutes to the distinguished prompted a contentious debate within the in these attacks and acted as any govern- administration over whether the United gentleman from Ohio (Mr. KUCINICH), ment would in exercise of its right to self-de- States should penalize Israel for its use of fense.’’ the chairman of the Oversight and Gov- cluster munitions against towns and villages ernment Reform Subcommittee on Do- John Hillen, who was assistant secretary of where Hezbollah had placed its rocket state in charge of the bureau until he re- mestic Policy. launchers. signed this month, told Bloomberg News in Mr. KUCINICH. Madam Speaker, I Cluster munitions are anti-personnel weap- December that Israel had provided ‘‘great co- want to thank my good friend Mr. ACK- ons that scatter tiny but deadly bomblets operation’’ in the investigation. ‘‘From their ERMAN for the opportunity to address over a wide area. The grenadelike munitions, perspective, use of the munitions was clearly the Congress on this issue. tens of thousands of which have been found done within the agreements,’’ he said. As some of my colleagues are aware, in southern Lebanon, have caused 30 deaths Another administration official said the on July 19, 2006, I introduced legisla- and 180 injuries among civilians since the investigation had caused ‘‘head-butting’’ in- end of the war, according to the United Na- tion to this Congress calling on the volving the Bureau of Political-Military Af- tions Mine Action Service. fairs and the Bureau of Near Eastern Affairs President to appeal to all sides in the Midlevel officials at the Pentagon and the at the State Department, as well as Pen- crisis in the Middle East for an imme- State Department have argued that Israel tagon arms sales officials. Some officials diate cessation of violence and to com- violated American prohibitions on using ‘‘are trying to find a way to not have to call mit the United States diplomats to cluster munitions against populated areas, this a substantial violation,’’ the official multiparty negotiations with no pre- according to officials who described the de- said. conditions. This resolution specifically liberations. But other officials in both de- In particular, the State Department has partments contend that Israel’s use of the related to the events that brought vio- asked Israel for additional information on weapons was for self-defense and aimed at reports that commanders and troops violated lence to Lebanon and to Israel as well. stopping the Hezbollah attacks that claimed orders that restricted how cluster bombs I want to say from the start that I the lives of about 40 Israeli soldiers and civil- could be used, an official said. In November, took that position because I believe ians and at worst was only a technical viola- Lt. Gen. Dan Halutz, the chief of staff of the that Israel has a right to survive and tion. Israeli military until his resignation on Jan. Israel is entitled to its security and so, Any sanctions against Israel would be an 17, ordered an investigation into whether re- too, the people of Lebanon have a right extraordinary move by the Bush administra- strictions on use of the weapons were ig- to survive and were entitled to their tion, a strong backer of Israel, and several nored by some units. officials said they expected little further ac- security. That investigation is still under way, and tion, if any, on the matter. military officials have refused to divulge any I think that it is regrettable that our But sanctions against Israel for misusing details in public. government did not become imme- the weapons would not be unprecedented. Israel’s Channel 2 television reported in diately involved in diplomatic rela- The Reagan administration imposed a six- December that the military’s judge advocate tions so that we could have been able year ban on cluster-weapon sales to Israel in general was gathering evidence for possible to forestall the disaster that was vis- 1982, after a Congressional investigation criminal charges against military officers ited upon south Lebanon where tens of found that Israel had used the weapons in ci- who might have ordered cluster bombs fired thousands of structures were leveled. vilian areas during its 1982 invasion of Leb- into populated areas. I am not speaking about this theo- anon. One option under discussion is to bar Israel has told the State Department that additional sales of cluster munitions for it originally tried targeted strikes against retically, Madam Speaker, because my some period, an official said. Hezbollah rocket sites, but those proved inef- wife and I went to south Lebanon and The State Department is required to notify fective. surveyed the damage, and it was utter Congress even of preliminary findings of pos- Heavy use of cluster bombs was tried in- destruction. sible violations of the Arms Export Control stead, to kill or maim Hezbollah fighters I would refer my colleagues to Am- Act, the statute governing arms sales. It manning the launchers. Israeli commanders nesty International’s report regarding began an investigation in August. employed cluster weapons because they sus- the destruction in south Lebanon. Sean McCormack, the State Department pected that they would flee after firing their I also would like to put into the spokesman, said that the notification to rockets. Even those attacks failed to stop Congress would occur Monday but that a the rockets barrages. RECORD a copy of H. Con. Res. 450 final determination about whether Israel The agreements that govern Israel’s use of which called on the President to appeal violated the agreements on use of cluster American cluster munitions go back to the to all sides in the crisis. bombs was still being debated. 1970s. But the details, which have been re- H. CON. RES. 450 ‘‘It is important to remember the kind of vised several times, are classified. Resolved by the House of Representatives (the war Hezbollah waged,’’ he said. ‘‘They used However, officials said that the agreements Senate concurring), That Congress— innocent civilians as a way to shield their specified that cluster weapons could not be (1) calls upon the President to— fighters.’’ used in populated areas, in part because of (A) appeal to all sides in the current crisis Even if Israel is found to be in violation, the risk to civilians after a conflict is over if in the Middle East for an immediate ces- the statute gives President Bush discretion the bomblets fail to self-destruct, as they are sation of violence; about whether to impose sanctions, unless designed to do. (B) commit United States diplomats to Congress decides to take legislative action. The agreements said the munitions be used multi-party negotiations with no pre- Israel makes its own cluster munitions, so a only against organized armies and clearly conditions; and cutoff of American supplies would have defined military targets under conditions (C) send a high–1evel diplomatic mission to mainly symbolic significance. similar to the Arab-Israeli wars of 1967 and the region to facilitate such multi-party ne- Israel gave the State Department a dozen- 1973, when Israel arguably faced threats to gotiations; page report late last year in which it ac- its survival, officials said.

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.024 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4070 CONGRESSIONAL RECORD — HOUSE April 25, 2007 Since the end oflast summer’s war, de-min- The M483A1 artillery shells deliver 88 clus- June 2006. Cluster munitions are increas- ing team have located 800 cluster-bomb ter submunitions per shell, and have an un- ingly the focus of discussion at the meetings strike areas, and they destroyed 95,000 acceptably high failure rate (dud rate) of 14 of the Convention on Conventional Weapons, bomblets, said Christopher Clark, program percent, leaving behind a serious unexploded with ever more states calling for a new inter- manager for the United Nations Mine Action ordnance problem that will further endanger national instrument dealing with cluster Service in Lebanon. ‘‘We found them pretty civilians. The commander said that the IOF’s munitions. much everywhere—in villages, at road junc- operations manual warns soldiers that the tions, in olive groves and on banana planta- use of such cluster munitions creates dan- [From the New York Times, Aug. 25, 2006] tions,’’ Mr. Clark said. gerous minefields due to the high dud rate. INQUIRY OPENED INTO ISRAELI USE OF U.S. The casualty rate has come down sharply, Lebanese security forces, who to date have BOMBS he said. Right after the war, there were more not engaged in the fighting between Israel (By David S. Cloud) than 40 casualties a week; now it is about 3 and Hezbollah, also accused Israel of using or 4 a week. cluster munitions in its attacks on Blida and WASHINGTON, Aug. 24.—The State Depart- Donatella Rovera, a researcher with Am- other Lebanese border villages. These ment is investigating whether Israel’s use of nesty International in London, said older sources also indicated they have evidence American-made cluster bombs in southern American cluster weapons used by Israel that Israel used cluster munitions earlier Lebanon violated secret agreements with the during the war did not reliably self-destruct, this year during fighting with Hezbollah United States that restrict when it can em- compared with Israel’s own cluster muni- around the contested Shebaa Farms area. ploy such weapons, two officials said. tions, which are newer and are said to have Human Rights Watch is continuing to inves- The investigation by the department’s Of- a much lower dud rate. tigate these additional allegations. fice of Defense Trade Controls began this ‘‘We’ve asked them to release detailed Human Rights Watch believes that the use week, after reports that three types of Amer- maps on where the cluster bombs were of cluster munitions in populated areas may ican cluster munitions, anti-personnel weap- used,’’ Ms. Rovera said of the Israeli mili- violate the prohibition on indiscriminate at- ons that spray bomblets over a wide area, tary. ‘‘That is the one thing that could help tacks contained in international humani- have been found in many areas of southern speed up the cleanup process.’’ tarian law. The wide dispersal pattern of Lebanon and were responsible for civilian casualties. [From Human Rights Watch] their submunitions makes it very difficult to avoid civilian casualties if civilians are in Gonzalo Gallegos, a State Department ISRAELI CLUSTER MUNITIONS HIT CIVILIANS IN the area. Moreover, because of their high spokesman, said, ‘‘We have heard the allega- LEBANON: ISRAEL MUST NOT USE INDIS- failure rate, cluster munitions leave large tions that these munitions were used, and we CRIMINATE WEAPONS numbers of hazardous, explosive duds that are seeking more information.’’ He declined BEIRUT, July 24, 2006.—Israel has used ar- injure and kill civilians even after the at- to comment further. tillery-fired cluster munitions in populated tack is over. Human Rights Watch believes Several current and former officials said areas of Lebanon, Human Rights Watch said that cluster munitions should never be used, that they doubted the investigation would today. Researchers on the ground in Lebanon even away from civilians, unless their dud lead to sanctions against Israel but that the confirmed that a cluster munitions attack rate is less than 1 percent. decision to proceed with it might be intended on the village of Blida on July 19 killed one Human Rights Watch conducted detailed to help the Bush administration ease criti- and wounded at least 12 civilians, including analyses of the U.S. military’s use of cluster cism from Arab governments and commenta- seven children. Human Rights Watch re- bombs in the 1999 Yugoslavia war, the 2001– tors over its support of Israel’s military op- searchers also photographed cluster muni- 2002 Afghanistan war, and the 2003 Iraq war. erations. The investigation has not been pub- tions in the arsenal of Israeli artillery teams Human Rights Watch research established licly announced; the State Department con- on the Israel-Lebanon border. that the use of cluster munitions in popu- firmed it in response to questions. In addition to investigating use of the ‘‘Cluster munitions are unacceptably inac- lated areas in Iraq caused more civilian cas- weapons in southern Lebanon, the State De- curate and unreliable weapons when used ualties than any other factor in the U.S.-led partment has held up a shipment of M–26 ar- around civilians,’’ said Kenneth Roth, execu- coalition’s conduct of major military oper- tillery rockets, a cluster weapon, that Israel tive director of Human Rights Watch. ‘‘They ations in March and April 2003, killing and sought during the conflict, the officials said. should never be used in populated areas.’’ wounding more than 1,000 Iraqi civilians. According to eyewitnesses and survivors of The inquiry is likely to focus on whether Roughly a quarter of the 500 civilian deaths the attack interviewed by Human Rights Israel properly informed the United States caused by NATO bombing in the 1999 Yugo- Watch, Israel fired several artillery-fired about its use of the weapons and whether slavia war were also due to cluster muni- cluster munitions at Blida around 3 p.m. on targets were strictly military. So far, the tions. State Department is relying on reports from July 19. The witnesses described how the ar- ‘‘Our research in Iraq and Kosovo shows United Nations personnel and nongovern- tillery shells dropped hundreds of cluster that cluster munitions cannot be used in mental organizations in southern Lebanon, submunitions on the village. They clearly populated areas without huge loss of civilian the officials said. described the submunitions as smaller pro- life,’’ Roth said. ‘‘Israel must stop using David Siegel, a spokesman for the Israeli jectiles that emerged from their larger cluster bombs in Lebanon at once.’’ Embassy, said, ‘‘We have not been informed shells. Human Rights Watch called upon the The cluster attack killed 60-year-old about any such inquiry, and when we are we Israel Defense Forces to immediately cease Maryam Ibrahim inside her home. At least would be happy to respond.’’ the use of indiscriminate weapons like clus- two submunitions from the attack entered Officials were granted anonymity to dis- ter munitions in Lebanon. the basement that the Ali family was using cuss the investigation because it involves as a shelter, wounding 12 persons, including BACKGROUND sensitive diplomatic issues and agreements seven children. Ahmed Ali, a 45-year-old taxi Israel used cluster munitions in Lebanon that have been kept secret for years. driver and head of the family, lost both legs in 1978 and in the 1980s. At that time, the The agreements that govern Israel’s use of from injuries caused by the cluster muni- United States placed restrictions on their American cluster munitions go back to the tions. Five of his children were wounded: use and then a moratorium on the transfer of 1970’s, when the first sales of the weapons oc- Mira, 16; Fatima, 12; ‘Ali, 10; Aya, 3; and ‘Ola, cluster munitions to Israel out of concern for curred, but the details of them have never 1. His wife Akram Ibrahim, 35, and his moth- civilian casualties. Those weapons used more been publicly confirmed. The first one was er-in-law ‘Ola Musa, 80, were also wounded. than two decades ago continue to affect Leb- signed in 1976 and later reaffirmed in 1978 Four relatives, all German-Lebanese dual anon. after an Israeli incursion into Lebanon. News nationals sheltering with the family, were Israel has in its arsenal cluster munitions accounts over the years have said that they wounded as well: Mohammed Ibrahim, 45; his delivered by aircraft, artillery and rockets. require that the munitions be used only wife Fatima, 40; and their children ‘Ali, 16, Israel is a major producer and exporter of against organized Arab armies and clearly and Rula, 13. cluster munitions, primarily artillery pro- defined military targets under conditions Human Rights Watch researchers photo- jectiles and rockets containing M85 DPICM similar to the Arab-Israeli wars of 1967 and graphed artillery-delivered cluster muni- (Dual Purpose Improved Conventional Muni- 1973. tions among the arsenal of Israel Defense tion) submunitions. Israeli Military Indus- A Congressional investigation after Israel’s Forces (IDF) artillery teams stationed on tries, an Israeli government-owned weapons 1982 invasion of Lebanon found that Israel the Israeli-Lebanese border during a research manufacturer, has reportedly produced more had used the weapons against civilian areas visit on July 23. The photographs show than 60 million M85 DPICM submunitions. in violation of the agreements. In response, M483A1 Dual Purpose Improved Conventional Israel also produces at least six different the Reagan administration imposed a six- Munitions, which are U.S.-produced and -sup- types of air-dropped cluster bombs, and has year ban on further sales of cluster weapons plied, artillery-delivered cluster munitions. imported from the United States M26 rockets to Israel. The photographs contain the distinctive for its Multiple Launch Rocket Systems. Israeli officials acknowledged soon after marks of such cluster munitions, including a There is growing international momentum their offensive began last month that they diamond-shaped stamp, and a shape that is to stop the use of cluster munitions. Belgium were using cluster munitions against rocket longer than ordinary artillery, according to became the first country to ban cluster mu- sites and other military targets. While a retired IDF commander who asked not to nitions in February 2006, and Norway an- Hezbollah positions were frequently hidden be identified. nounced a moratorium on the weapon in in civilian areas, Israeli officials said their,

VerDate Aug 31 2005 05:07 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.013 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4071 intention was to use cluster bombs in open against the people of Lebanon needs to we have to go beyond a narrow issue of terrain. be recognized at this point. I could a single enemy in the Middle East. The Bush administration officials warned stand here, certainly, objecting, and I use of human shields in the Middle Israel to avoid civilian casualties, but they have lodged no public protests against its do, to Hezbollah’s conduct, because we East is unfortunately widespread, not use of cluster weapons. American officials know what they did in creating condi- just by the cancer that grows, that is say it has not been not clear whether the tions to use people in populated areas known as Hezbollah in Lebanon, but weapons, which are also employed by the was wrong. also throughout the region. United States military, were being used But I also think that it’s important On this point, I would like to give against civilian areas and had been supplied to call to the attention of this Con- credit where credit is due. These pic- by the United States. Israel also makes its tures were taken, this one was taken in own types of cluster weapons. gress the suffering of the people in Leb- But a report released Wednesday by the anon, because what happened was that 2004, where a 13-year-old Palestinian United Nations Mine Action Coordination bombs were dropped and perhaps over boy named Mohammed Badwan was Center, which has personnel in Lebanon 1,000 people were killed. That needs to tied to the hood of an Israeli police searching for unexploded ordnance, said it be discussed. We also need to recognize jeep in the West Bank. A group of Pal- had found unexploded bomblets, including that the people of Lebanon have a love estinian youths had been reportedly hundreds of American types, in 249 locations for America despite our Government’s throwing rocks at Israeli police, so the south of the Litani River. The report said American munitions found actions in standing back. boy was taken and tied to the jeep so included 559 M–42’s, an anti-personnel Let me share with you a story out of that they would stop throwing their bomblet used in 105-millimeter artillery Qana that my wife and I visited. We rocks. shells; 663 M–77’s, a submunition found in M– went there late at night, and there was On October 6, and I want to give cred- 26 rockets; and 5 BLU–63’s, a bomblet found destruction everywhere. We were led to it where credit is due, because this has in the CBU–26 cluster bomb. Also found were a graveyard where people had their not been unanswered, on October 6, 608 M–85’s, an Israeli-made submunition. The unexploded submunitions being found families buried as a result of a U.S. at- 2005, the Israel High Court of Justice, in Lebanon are probably only a fraction of tack. Then we were led to the site of the equivalent of our Supreme Court, the total number dropped. Cluster munitions where a bomb fragment or a bomb ruled that it was illegal for Israeli can contain dozens or even hundreds of sub- burst through an apartment building, forces to use Palestinian civilians dur- munitions designed to explode as they scat- and it killed dozens of people. It was ing military operations. This ruling ef- ter around a wide area. They are very effec- thought that bomb was paid for by U.S. fectively ended the officially sanc- tive against rocket-launcher units or ground tax dollars. tioned tactic known as neighborhood troops. The Lebanese government has reported The people who gathered around late procedure, whereby Israeli soldiers that the conflict killed 1,183 people and at night from the village, knowing would forcibly use Palestinian civilians wounded 4,054, most of them civilians. The there was an American Congressman for tasks, including entering buildings United Nations reported this week that the there, spoke out and said, you know, to check to see if they were booby- number of civilian casualties in Lebanon we love America. We don’t like what trapped, removing building occupants, from cluster munitions, land mines and your leaders do, but we love America. and moving suspicious objects from unexploded bombs stood at 30 injured and We do not wish anyone ill in America, roads used by the army. eight killed. Dozen of Israelis were killed and hundreds and we want peace. We don’t want One of the victims of this neighbor- wounded in attacks by Hezbollah rockets, Israel to be destroyed. This was made hood procedure was a 19-year-old Pales- some of which were loaded with ball bearings very clear. These were people who from tinian student who in 2002 was killed in to maximize their lethality. the depths of their humanity were cry- the West Bank after troops took the Officials say it is unlikely that Israel will ing out for recognition about their suf- young man out of his house and forced be found to have violated a separate agree- fering. him to knock on the door of a neigh- ment, the Arms Export Control Act, which requires foreign governments that receive Madam Speaker, this is a fragment of boring building, where a senior Hamas American weapons to use them for legiti- the bomb which burst through an fugitive was hiding. Gunfire erupted, mate self-defense. Proving that Israel’s cam- apartment building and killed dozens and the student was killed. paign against Hezbollah did not constitute of women and children. I wanted to In addition to the Israeli Supreme self-defense would be difficult, especially in just show Congress this, because what Court, human rights group have also view of President Bush’s publicly announced we are talking about, using people as been recognized for their work, and I support for Israel’s action after Hezbollah human shields, it’s important also for commend them. B’Tselem, Rabbis for fighters attacked across the border, the offi- Human Rights, and Adalah have cials said. the Israeli Government to take respon- Even if Israel is found to have violated the sibilities for their actions as well. I say worked extensively on these cases and classified agreement covering cluster bombs, this as someone who speaks in defense brought them to the court. To the it is not clear what actions the United of Israel and the defense of Israel’s credit of the Israeli people and their States might take. right to survive. court system, they have denounced it, In 1982, delivery of cluster-bomb shells to If we are going to ever have peace in and they have sought to stop it. Israel was suspended a month after Israel in- the region, there has to be a mutual The Israeli Army itself, most re- vaded Lebanon after the Reagan administra- tion determined that Israel ‘‘may’’ have used recognition of everyone’s right to sur- cently, acted swiftly to suspend a com- them against civilian areas. vive, and opportunity for all people to mander caught on videotape using two But the decision to impose what amounted be able to bring their grievances for- Palestinian youths as human shields to a indefinite moratorium was made under ward and have them resolved. earlier this month. In the video that pressure from Congress, which conducted a I appreciate my friend’s opportunity has been seen around the world and long investigation of the issue. Israel and the to present this. covered by the Associated Press, a United States reaffirmed restrictions on the Mr. BOOZMAN. Madam Speaker, I peace activist is heard shouting to the use of cluster munitions in 1988, and the Reagan administration lifted the morato- yield 5 minutes to the gentleman from Israeli soldiers who have positioned rium. California (Mr. ISSA). two youths standing in front of their I also want to ask for this moment (Mr. ISSA asked and was given per- vehicle, ‘‘You can’t use them as human when we are talking about the use of mission to revise and extend his re- shields. It’s against the law.’’ human shields to remember that cer- marks.) The Israeli soldier responds, ‘‘We are tainly the people of Israel suffered, and Mr. ISSA. Madam Speaker, I rise not using them as a human shield.’’ my wife and I visited Israel and we today in support of H. Res. 125 and join ‘‘They are standing in front of your talked to government officials who with my colleagues in denouncing jeep. How is that not a human shield? were concerned about the threat to Hezbollah for employing the use and You are using them to protect you Israel’s security that was presented by the tactic of placing weapons, defen- from stones,’’ the activist retorts. Hezbollah. sive and offensive, in the midst of com- ‘‘We asked them to speak to their munities in which innocent civilians friends and ask them to stop throwing b 1200 live. stones at us,’’ the soldier says. But I also have to say that the use of I also associate myself with the pre- Shortly after this videotape was cluster munitions and the use of bombs vious speaker, though, in saying that posted, the Israeli military announced

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.015 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4072 CONGRESSIONAL RECORD — HOUSE April 25, 2007 the mission commander had been re- tion in so eloquent a way of what is dents for which they hold individuals lieved of operational duty following rarely government and governance and responsible and who pay the price. this incident, in which IDF soldiers had society and what Israel is all about, Mr. BOOZMAN. Mr. Speaker, I yield 2 apparently used these civilians, and who points out graphically and with minutes to the distinguished gen- the Israeli Government acted quickly. the evidence he brought before us the tleman from South Carolina (Mr. WIL- I applaud their swift response and fact that it was an Israeli human SON). their efforts to make this use of human rights defender who called out to the Mr. WILSON of South Carolina. Mr. shields, once and for all, stop. This Israeli soldiers whose conduct he prop- Speaker, I rise in support of House Res- morning I circulated a Dear Colleague erly called into question, that they olution 125, championed by Ranking via e-mail with links to these videos have no right to do that and that there Member ILEANA ROS-LEHTINEN, Dr. and news stories. are laws against it. BOOZMAN and Mr. ACKERMAN, which op- I encourage my colleagues to take a Where were the Lebanese people call- poses using civilians as human shields. look at these articles and efforts under ing out to the Hezbollah who invaded As a member of the Armed Services way to stop the use of human shields. I their homes and their neighborhoods Committee, as a 31-year veteran of the have also issued statements that are on and took over and used them, some- Army Reserves and National Guard, my Web site at www.issa.house.gov times willingly, sometimes not, as and as the father of four sons in the under the heading of ‘‘Banning the use human shields, and said to them, we U.S. military, I know firsthand that of Human Shields.’’ forbid you to do this, it’s against our using human shields violates inter- Madam Speaker, I believe there are human rights, and it’s against our national law. two sides to this. There is a difference. laws? Not once. Just last year, American and inter- One side is continuing to be a cancer I thank the gentleman from Cali- national leaders condemned the use of on the people of Lebanon. One side is fornia for pointing out the Israeli sys- human shields. The Lebanese have been continuing to use human shields with tem of justice, which stands basically particularly victims of human shields very little to stop them. The other side equal to ours. We, too, in the pursuit of in the past year. On August 11, 2006, is taking those measures. terrorists and evildoers, as the Presi- Secretary of State Condoleezza Rice I came here today to commend the dent would call them, sometimes un- stated, ‘‘Hezbollah and its sponsors Israeli Government for taking those fortunately commit acts in that pur- have brought devastation upon the peo- measures, to ask them to continue to suit and in defense of ourselves against ple of Lebanon, dragging them into a use the strongest methods possible to the terrorists, where civilians are hurt war that they did not choose and ex- make sure that is eliminated from one and civilians do die. But that is not our ploiting them as human shields.’’ side of the equation. I will support this purpose. When the Hezbollah does that, On August 14, President George W. resolution denouncing the other side of that is their intention for the civilians Bush stated, ‘‘Hezbollah terrorists tar- the equation that continues to use to die. geted Israeli civilians with daily rock- human shields. I thank the gentleman from Cali- et attacks. Hezbollah terrorists used Mr. ACKERMAN. Mr. Speaker, I fornia for pointing out that this went Lebanese civilians as human shields, yield myself such time as I might con- through the Israeli justice system be- sacrificing the innocent in an effort to sume. cause it is contrary to the laws of the protect themselves from Israeli re- To my good friend from California, as democracy of the democratic State of sponse.’’ well as my good friend from Ohio, I Israel. It went to the Supreme Court of Also, as to Israel, we should note would address the following observa- Israel, and that court found, in full that the Israeli Supreme Court has tions and concerns. First, I would like view, because Israeli television shows ruled a ban to the use of human to thank each of them for their support showed their soldiers doing something shields. Additionally, Israel has a for this resolution condemning wrong, and they were charged, and the strict policy against the use of civil- Hezbollah for their actions. court found them guilty, and the court ians as human shields, and in dealing But I would like to note for the banned it. with the isolated incidents where the record that there is a tremendous dif- People were held responsible in a re- policy is violated, takes measure to ference between a perpetrator and a sponsible society. That did not happen punish those responsible and prevent victim. A perpetrator is the one who with the Hezbollah. That did not hap- these acts from occurring in the future. initiates the act. The victim is the one pen in Lebanon. It happened in Israel It is clear, as eloquently reviewed by who is victimized by the act. Very where people paid the price, where the Mr. ACKERMAN, that no one should seek often, in an act of violence, murder, military officers who were in charge of to apply a moral equivalency between mayhem, the victim fights back. The the operation were found guilty. isolated incidents formally opposed by victim has every single right in the That is the difference between a Israel’s democratically elected govern- world, legally and morally, to defend democratic, humane society, where ment and the actions of Hezbollah, itself against violence. Some might there are innocent victims of self-de- whose policies and tactics show dis- argue sometimes that in defense of fense, who unfortunately, as individ- regard for human life and advocate in- oneself, the victim goes too far. The uals within the military, sometimes tentionally using the tactic of embed- woman being raped tries to scratch out get carried away. That happens in ding its forces among civilians to use the eyes of the rapist. Who is to blame every army in the history of the world. them as human shields, abusing the her? But holding people responsible for people of Lebanon. I thank my two friends for also those individual actions is a sign of a I urge my colleagues to support pointing out that there is a difference true democracy. House Resolution 125, condemning the in systems, that there is a difference in That did not happen with the use of human shields. moral values between that which the Hezbollah. That did not happen with Mr. BOOZMAN. Mr. Speaker, I yield Hezbollah does and the response of the Lebanon. That is the difference be- 11⁄2 minutes to the gentleman from Israelis. I appreciated the fact that the tween democratic, humane societies Florida (Mr. WELDON). gentleman from Ohio brought in part and terrorist organizations. Mr. WELDON of Florida. Mr. Speak- of a weapon of destruction that was er, I thank the gentleman, and I com- used in self-defense, but I am also b 1215 mend my colleagues for bringing this happy that we did not bring in gory I thank our two colleagues for bring- important legislation to the floor. pictures of Israeli children and women ing this to the attention of the House It was obvious, I think, to all people on their way to school or working on so that we might highlight the dif- watching the news coverage during the farms or in their villages, who every ferences between two societies, recent Hezbollah-Israel war that it was day are subject to attacks and missiles Hezbollah, governed by terror, whose standard operating procedure for fired by Hezbollah as they go about only purpose is to wreak havoc upon ci- Hezbollah to place its soldiers that their daily, innocent lives. vilian populations, and a democracy were firing rockets into Israel, in hous- I thank the gentleman from Cali- like Israel, who responds to terrorism ing projects, in housing areas where fornia for calling to the House’s atten- and sometimes have unfortunate inci- there were civilians, and the only way

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.026 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4073 that Israel could respond to that rock- On the other side we see Israeli forces who have requested information in the past have et fire involved risking the lives of the clearly identify their military personnel by uni- reported facing significant delays and even women and children who lived in those form and delineate their military installations unresponsiveness; furthermore, the records areas. It was disgraceful and it was a from civilian. Yet, Hezbollah still chooses to in- remain inaccessible to researchers and re- violation of international law. And to search institutions; discriminately shoot their rockets into prin- Whereas the 1955 Bonn Accords, the treaty me it is absolutely ridiculous that cipally civilian areas. governing the administration of the ITS, es- Hezbollah would find some photo of a Hezbollah operates far outside the bounds tablished an International Commission of 11 bunch of Palestinian youths leaning on of international law, something we must not member countries (Belgium, France, Ger- a tank and try to make an argument in forget as we seek to control them through many, Greece, Israel, Italy, Luxembourg, the front of the world stage that that is the international bodies such as the United Na- Netherlands, Poland, the United Kingdom, moral equivalent of what they were tions. With no regard for the lives of their own and the United States) charged with over- doing. There is absolutely no compari- nationals, can we expect them to hold up their seeing the administration of the ITS Holo- son. end of Security Council resolutions? We must caust archives; Mr. Speaker, I just wanted to com- stand with the legitimate government of Israel, Whereas following years of delay, in May mend my colleague from New York and a shining light of democracy and freedom be- 2006 in Luxembourg, the International Com- people on both sides of the aisle for mission of the ITS agreed upon amendments sieged by those with no respect for law or life. to the Bonn Accords which would allow re- bringing forward this important piece Mr. BOOZMAN. Mr. Speaker, I yield searchers to use the archives and would of legislation. back the balance of my time. allow each Commission member country to Mr. HOYER. Mr. Speaker, last summer, Mr. ACKERMAN. Mr. Speaker, I have receive digitized copies of archive materials Hezbollah militants kidnapped two Israeli sol- no further speakers on our side, and I and make the records available to research- diers and instigated an armed conflict in which yield back the balance of my time. ers under the respective national laws relat- they indiscriminately fired thousands of rockets The SPEAKER pro tempore (Mr. ing to archives and privacy; and mortar shells into Israel with the hope of MCNULTY). The question is on the mo- Whereas the May 2006 Amendments to the inflicting as many civilian casualties as pos- tion offered by the gentleman from Bonn Accords require each of the 11 members sible. New York (Mr. ACKERMAN) that the of the International Commission to ratify And what was most disturbing about House suspend the rules and agree to the amendments before open access to the Hezbollah’s actions was not that they targeted the resolution, H. Res. 125, as amended. Holocaust archives is permitted; Whereas although the final signature was innocent men, women, and children with their The question was taken; and (two- affixed to the amendments in October 2006, attacks—the world has come to expect such thirds being in the affirmative) the only 4 out of the 11 Commission member cowardly tactics from terrorist organizations rules were suspended and the resolu- countries (the United States, Israel, Poland, that are dedicated to inflicting anguish and de- tion, as amended, was agreed to. and the Netherlands) have ratified the struction. The title of the resolution was amendments to date; Rather, it was the fact that Hezbollah em- amended so as to read: ‘‘Resolution ex- Whereas the United States Holocaust Me- bedded their equipment and bases of oper- pressing deep concern over the use of morial Museum has for years been working ations amid the Lebanese civilian population— civilians as ‘human shields’ in viola- tirelessly to provide public access to the ma- effectively using them as ‘‘human shields’’ to tion of international humanitarian terials in the Bad Arolsen archives; protect them from retaliation. law, including Hezbollah’s tactic of em- Whereas on March 8, 2007, representatives This brutal exploitation of a civilian popu- bedding its forces among civilians to from the 11 member countries of the Inter- national Commission of the ITS met in the lation—and others like it that take place all too use them as human shields during the Netherlands and reviewed the current ratifi- often in areas controlled by Hezbollah and summer of 2006 conflict between cation status of each country and the ratifi- Hamas—stands in direct violation of inter- Hezbollah and the State of Israel.’’. cation process in its entirety; national humanitarian law and laws of war dur- A motion to reconsider was laid on Whereas it is a moral and humanitarian ing armed conflict. the table. imperative to permit public access to the Today, I am proud to join with my fellow f millions of Holocaust records housed at Bad Members of Congress in condemning the use Arolsen; of human shields in armed conflict—and I URGING ALL MEMBER COUNTRIES Whereas it is essential that Holocaust re- stand with all of the people of the world who OF THE INTERNATIONAL COM- searchers obtain access now, while survivors understand that the role of a soldier is to pro- MISSION OF THE INTER- are living, so that the researchers can ben- tect civilians, not exploit them for security or NATIONAL TRACING SERVICE TO efit in their scholarly work from the insights of eyewitnesses; political gain. EXPEDITE RATIFICATION PROC- ESS Whereas in the Holocaust’s aftermath, Mr. GARRETT of New Jersey. Mr. Speaker, there have been far too many instances of today I rise in support of the resolution con- Mr. ACKERMAN. Mr. Speaker, I survivors and heirs of Holocaust victims demning Hezbollah’s frequent use of civilians move to suspend the rules and agree to being refused their moral and legal right to to protect their military forces and cache of the resolution (H. Res. 240) urging all information—for restitution purposes, slave weapons. All too often we hear claims that member countries of the International labor compensation, and personal closure; Hezbollah and the Israeli Defense Forces are Commission of the International Trac- Whereas opening the historic records is a moral equivalents. But when we look at the ing Service (ITS) who have yet to rat- vital contribution to the world’s collective facts, we see that Hezbollah constantly dem- ify the May 2006 Amendments to the memory and understanding of the Holocaust onstrates that it is a force that does not oper- 1955 Bonn Accords Treaty, to expedite and efforts to ensure that the anti-Semitism that made such horrors possible is never the ratification process to allow for ate under the international treaties that at- again permitted to take hold; tempt to govern warfare. open access to the Holocaust archives Whereas anti-Semitism has seen a resur- Hezbollah has set up shop in southern Leb- located at Bad Arolsen, Germany. gence in recent years; as recently as Decem- anon and, while they attempt to participate in The Clerk read the title of the resolu- ber 2006, the President of Iran, Mahmoud the legal process of that nation, they are not tion. Ahmadinejad, held the second Holocaust de- under the control of any government. They The text of the resolution is as fol- nial conference in Tehran in one year; and use the funds of Iran and Syria to act as their lows: Whereas in light of this conference, Presi- dent Ahmadinejad’s anti-Semitic rhetoric, proxies in the fight against Israel. There is little H. RES. 240 dispute that they store much of their military and a resurgence of anti-Semitism in part of Whereas the International Tracing Service the world, the opening of the archives at Bad equipment below civilian houses and during (ITS) archives located in Bad Arolsen, Ger- Arolsen could not be more urgent: Now, the most recent conflict their military leader- many, which are administered by the Inter- therefore, be it ship holed up in bunkers filled with non-com- national Committee of the Red Cross, con- batants. tain an estimated 50,000,000 records on the Resolved, That the House of Representa- Hezbollah fights their wars in the inter- fates of some 17,500,000 individual victims of tives— Nazi war crimes; (1) commends in the strongest terms all national press as much as they fight them in Whereas the ITS archives at Bad Arolsen countries that have to date ratified the the battlefield. Sadly, civilian deaths are seen remain the largest closed Holocaust-era ar- amendments to the Bonn Accords to allow as a victory since they can use the cry of war chives in the world; while access to indi- for open access to the Holocaust archives of atrocities to keep the Israelis from engaging vidual records can be requested by Holocaust the International Tracing Service (ITS) lo- their forces. survivors and their descendants, many who cated at Bad Arolsen, Germany;

VerDate Aug 31 2005 05:38 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.028 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4074 CONGRESSIONAL RECORD — HOUSE April 25, 2007 (2) commends those countries that have tion that were outstanding by the year Four countries have ratified the 2006 committed to expedite the process of releas- 2000, some of them made by people who amendments: the United States, Israel, ing the archives and expects those countries are no longer with us today. Poland and the Netherlands. With this to abide by their commitments; Bad Arolsen contains the records of resolution, Congress urgently encour- (3) strongly urges all countries that have to yet to ratify the amendments to abide by 17.5 million individuals, and I have ages the remaining seven countries to their treaty obligations made in May 2006 been told by experts at the Holocaust ratify the amendments by May of 2007. and to expedite the ratification of these Museum here in Washington that al- Next month is the deadline, and we in- amendments; most every person to have known to sist we make the digital archives (4) strongly urges all Commission members have been a part of that terrible time records available as soon as they are to consider the short time left to Holocaust can be found in those records, victims ready this summer. survivors and unanimously consent to open including Anne Frank, marks of sav- Mr. Speaker, I strongly support this the ITS archives should all countries not iors such as Oskar Schindler’s famous resolution, and urge all of our col- ratify the amendments by May 2007; leagues to do the same. (5) expresses the hope that bureaucratic list, and my octogenarian friend and constituent, Jacob Rosenthal of Long Mr. Speaker, I reserve the balance of and diplomatic processes will not further my time. delay this process; and Island, and probably information on (6) refuses to forget the murder of 6,000,000 my own family members. Mr. BOOZMAN. Mr. Speaker, I yield Jews and more than 5,000,000 other victims Mr. Speaker, there is a picture that myself such time as I may consume. during the Holocaust by Nazi perpetrators hangs in my den. It used to hang in my Mr. Speaker, today I rise in support and their collaborators. mother’s house. The color of the pic- of H. Res. 240 dealing with the Holo- The SPEAKER pro tempore. Pursu- ture is completely in sepia, as was tra- caust archives. I would like to thank ant to the rule, the gentleman from ditional for the time in which it was my colleague, Congressman HASTINGS of Florida, for introducing this bill New York (Mr. ACKERMAN) and the gen- taken in Poland. It is a picture of the which urges member countries of the tleman from Arkansas (Mr. BOOZMAN) wedding party of my grandfather and International Commission of the Inter- each will control 20 minutes. grandmother, the grandmother whom I national Tracing Service to ratify, if The Chair recognizes the gentleman am named after and never met. It is a they haven’t yet done so already, the from New York. very old picture. The corners are May 2006 amendments to the 1955 Bonn GENERAL LEAVE turned down. It is starting to fade. Accords Treaty to expedite the ratifi- Mr. ACKERMAN. Mr. Speaker, I ask In front of the entire wedding party cation process to allow for open access unanimous consent that all Members sits a whole group of young children to the Holocaust archives located at may have 5 legislative days to revise sitting on the ground. My mother Bad Arolsen, Germany. and extend their remarks and include would point to this picture and point The Holocaust stands as one of his- extraneous material on the resolution to the little children and say, ‘‘This is tory’s darkest moments. It is critical under consideration. my Uncle Chaim, and this one is my that we understand and educate future The SPEAKER pro tempore. Is there Aunt Rachel.’’ I would ask, ‘‘Mom, generations about what happened objection to the request of the gen- they are only children. How can they under the Nazi oppression and ensure tleman from New York? be your aunt and your uncle?’’ And her that these atrocities are never re- There was no objection. response was, ‘‘They will always be peated. Mr. ACKERMAN. Mr. Speaker, I rise children.’’ The ITS archives at Bad Arolsen are in strong support of this resolution, My mother never knew what hap- the largest closed Holocaust-era ar- and yield myself such time as I may pened to them. She would have liked to chives in the world, containing mil- consume. have known. Maybe those records will lions of records about the fate of over Mr. Speaker, it is a distinct honor to tell us what happened to them. 17 million victims of Nazi Germany. Al- introduce H. Res. 240, a resolution urg- For survivors of the Holocaust, such lowing open access to these records ing the immediate ratification of the as our good friend and colleague and will provide researchers and scholars amendments to the 1955 Bonn Accords. chairman of the Foreign Affairs Com- with materials necessary to enhance This treaty would open the immense mittee, TOM LANTOS, time for answers, the public knowledge about the Holo- records of the Holocaust to Nazi war for truth, for recognition that our caust as well as provide Holocaust sur- crime victims in Bad Arolsen, Ger- loved ones existed and mattered is run- vivors and their families with the in- many. I would like to thank my good ning out. We need these archives formation about their loved ones and friend from Florida, Representative opened now, not next year, not a dec- help bring them closure. ALCEE HASTINGS, who introduced this ade from now when fewer survivors will Furthermore, creating open access to important resolution of which I am a be here to find peace and possibly a these documents will provide the infor- proud cosponsor. strong degree of closure in the material mation necessary to address issues of Mr. Speaker, the horror of Nazi in these archives. And perhaps opening Holocaust compensation. In particular, crimes perpetrated on Jews and others these archives of over 17 million people many insurance companies have re- across Europe were accompanied by will in part answer those evil people fused to honor Holocaust-era insurance meticulous recordkeeping that was like the President of Iran, Mr. policies brought about by Holocaust maintained by the Third Reich Ahmadinejad, who claims that the Hol- victims and survivors prior to and dur- throughout the reign of its terrible re- ocaust never existed. ing World War II. These insurance com- gime. These accounts include listings Our good friend from Kansas spoke panies have for over 60 years now re- of victims, medical records, transport on another bill and he cited scripture fused to provide compensation under notes and other details that often pro- from Isaiah saying ‘‘you be my wit- the insurance policies to Holocaust vide the only history of millions of in- ness.’’ The Nazis were their own wit- survivors or families of the Holocaust nocent people who perished at the nesses and documented in tremendous victims, arguing that Holocaust sur- hands of the Nazis. detail the lives of all of these people, as vivors and their families don’t have the An abandoned S.S. barracks at Bad well as their deaths. documentation, such as death certifi- Arolsen became the repository for The 1955 Bonn Accords Treaty gov- cates and insurance records. The con- many of these records, where they re- erns these records. The 11 countries centration camps in which many of the mained under the control the Allied that signed that treaty agreed in 1998 Holocaust victims perished didn’t issue Forces, and then under a consortium of to open these records to the public, but death certificates and all assets and 11 nations since the end of World War it did not happen. Last year, these na- documents were confiscated from the II, some 62 years ago. tions agreed to ensure not only the Jews during that time by the Nazis. Throughout those years, these opening of the records, but also the Many of these documents now remain records have been closed to the public. sharing of digitized copies and access closed in archives like Bad Arolsen. Most survivors’ requests have been met for researchers. with reluctance or disappointing bu- Diplomatically, substantial progress b 1230 reaucratic neglect, resulting in some has been made in recent years in Unfortunately, today, we cannot 500,000 legitimate requests for informa- achieving international agreement. bring back those who have perished in

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.011 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4075 the Holocaust at the hands of Nazi Ger- resentatives WEXLER and KIRK, to open access to the Holocaust archives in Bad many, nor can we erase the pain and the archives. Earlier this year, I led bi- Arolsen, Germany. suffering from the memories of those partisan congressional letters to sev- To date, the United States and Israel, who survived these atrocities. eral European countries urging them Poland, the Netherlands, Great Brit- However, what we can do, and what to swiftly ratify the agreement to open ain, even Germany, ratified the amend- H. Res. 240 aims to accomplish, is to the archives. ments to the Bonn Accords, amend- make sure that the Holocaust-era ar- I was also privileged to testify at a ments which would finally give sur- chives are opened in an effort to bring hearing on this issue, along with Holo- vivors real-time digital access to mil- long awaited justice and closure to caust Museum experts, the State De- lions of Nazi records, and provide re- Holocaust survivors and their families, partment and Holocaust survivors. searchers access to all of the archives. as well as help ensure, through edu- Since that hearing took place last But for some reason, France and cation, that atrocities committed dur- month, and the letters were penned, I Italy, Greece, Belgium and Luxem- ing the Holocaust are never repeated. am pleased to report to my colleagues bourg are dragging their feet. One year Mr. Speaker, I reserve the balance of that the United Kingdom and Germany after agreeing to these amendments, my time. have ratified the treaty. these five European nations remain si- Mr. ACKERMAN. Mr. Speaker, to the Indeed, our efforts are paying off. lent on ratification. Mr. Speaker, si- gentleman from Florida, chairman of Nevertheless, much more needs to be lence on this issue is unacceptable and the Rules Subcommittee on Legislative done. reprehensible. and Budget Process, the initiator, In our world, filled with anti-Semi- We stand at a crossroads of history, sponsor, motivator of this legislation tism, hate, racial bigotry, xenophobia at a time when Iran, a member of the to whom we owe a debt of gratitude, and religious intolerance, it is impera- United Nations, sponsors official con- Representative ALCEE HASTINGS, I yield tive to expose the horrors of the Holo- ferences to deny the Holocaust, we 51⁄2 minutes. caust to all humanity. need to act here. At a time when the (Mr. HASTINGS of Florida asked and When the leader of Iran hosts numer- President of Iran calls for the murder was given permission to revise and ex- ous Holocaust denial conferences, and of another 6 million Jews, we need to tend his remarks.) others in the world attempt to legiti- act on this issue. At a time of resur- Mr. HASTINGS of Florida. Mr. mize it, it could not be more important gence of anti-Semitism and Holocaust Speaker, I thank my very good friend to open these Holocaust archives. denial throughout Europe and the Mid- and an original cosponsor of this reso- The majority of the member coun- dle East, this is the time to act. lution, Representative GARY ACKER- tries of the International Tracing Serv- Sixty years ago the United States MAN, for the time. ice have been derelict in their obliga- Army, when we liberated the camps, we Let me first say how grateful I am tions under the amendments to the made a solemn promise of ‘‘never for the bipartisan cooperation and sup- Bonn Accords which they signed last again.’’ And today, as President port of many House leaders to ensure May. These amendments require full Ahmadinejad says he wants to, quote, that this important legislation was and open access to the archives. wipe Israel off the map, we must say promptly brought to the House floor. Shamefully, it remains unclear when clearly to Europe, open these archives In particular, I thank the Chair of these countries will fulfill their obliga- now to show the world that we stand the House Foreign Affairs Committee, tions. behind this pledge. Representative TOM LANTOS, a true If European countries are actually I want to thank my longtime friend, champion of this issue, and so many committed to closing this dark chapter the gentleman from Florida (Mr. others in the international forum. I in world history and combating modern HASTINGS), for giving me the privilege also thank the ranking member of the day anti-Semitism, then they must of working with him on this issue. I committee, and my fellow Floridian, ratify these amendments immediately. also want to thank Chairman LANTOS ILEANA ROS-LEHTINEN. Both of them With every day the archives remain and Ranking Member ILEANA ROS- were critical in moving this bill for- closed, Holocaust survivors who have LEHTINEN and the gentleman from ward. suffered some of the most unimagi- Florida (Mr. WEXLER) for their work. I am also deeply appreciative of the nable and tragic horrors and terrors I also want to thank Richard Gold- tireless commitment to justice and are being forced to suffer even more. It berg, of my staff, and Eve Lieberman fairness of the chairman of the Europe is unconscionable that these individ- from Chairman HASTINGS’ staff and Subcommittee, my colleague and very uals are now the ones burdened the Kay King from Chairman LANTOS’ staff good friend from Florida, Representa- most by unwarranted bureaucratic for this, as well as action by outside tive ROBERT WEXLER. Representative delays. experts, Paul Shapiro at the U.S. Holo- WEXLER not only held a critical hear- In passing this legislation, Mr. caust Museum, Rick Hirshaut at the Il- ing on this matter in his sub- Speaker, the House is proving its com- linois Holocaust Museum, Rabbi Alan committee, but also shepherded the mitment to this issue, and that it is Cooper at the Simon Wiesenthal Cen- resolution through the full committee. watching the remaining European na- ter, Lonnie Nasatir at the Anti-Defa- And of course, I applaud the Repub- tions to ensure their expeditious ratifi- mation League, and Jay Tcath of the lican cosponsor of this bill, my friend, cation. The short time left for the re- Chicago Jewish Federation, who have Representative MARK KIRK, for his maining Holocaust survivors does not all come together on an overwhelm- commitment to this issue. Both of afford us time to deprive them of this ingly bipartisan issue to send a clear these individuals have been instru- critical information any longer. message, open the archives. Make sure mental in bringing this issue to the Next month I will attend an anti- the message goes forth that the Holo- forefront of the United States Con- Semitism conference in Romania. It caust deniers and especially the Ira- gress. will be my great hope that by that nian Government are wrong. We need And, Mr. Speaker, very occasionally time the other countries have ratified to open the record, set it straight and we don’t mention our young staff peo- this matter. make sure that the record is clear, es- ple, but Eve Lieberman, in my office, I thank my friend from New York, pecially to the survivors that are still had an awful lot to do with the work on Representative ACKERMAN, for the among us. this measure. time. Mr. BOOZMAN. Mr. Speaker, we Mr. Speaker, appallingly, 62 years Mr. BOOZMAN. Mr. Speaker, I yield don’t have any other speakers. I also, after the concentration camps of Eu- to the gentleman from Illinois, Con- though, would like to thank the staffs rope were liberated, Holocaust sur- gressman KIRK, as much time as he de- of the Foreign Affairs Committee for vivors, their families and researchers sires. their hard work, not only on this bill, still lack immediate, unfettered access Mr. KIRK. Mr. Speaker, I thank the but the other bills that have been pre- to the Holocaust archives located in gentleman from Florida, and it has sented today. Bad Arolsen. been a great partnership. I yield back the balance of our time. This important legislation follows I rise in support of H. Res. 240, calling Mr. GARRETT of New Jersey. Mr. Speaker, upon previous efforts I made, with Rep- on the European nations to grant open I rise in support of H. Res. 240, the resolution

VerDate Aug 31 2005 05:38 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\CR\FM\K25AP7.032 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4076 CONGRESSIONAL RECORD — HOUSE April 25, 2007 calling on our colleagues in other nations to the Speaker. I have no further speak- Whereas the Spoleto USA organizers also ratify the agreement opening the Bad Arolsen ers. I yield back the balance of our observed that Charleston has an extensive archives. I was proud to cosponsor this resolu- time. history of involvement with the arts, from The SPEAKER pro tempore. All time housing the Nation’s first theater and ballet tion but I am saddened that it is necessary to companies to housing the Nation’s oldest remind some of our closest allies what is at has now expired. The question is on the musical organization; stake here. motion offered by the gentleman from Whereas Mr. Menotti founded the Spoleto The Bad Arolsen archives represent over 17 New York (Mr. ACKERMAN) that the Festival USA in 1977, and the festival quick- million people records related to the Holocaust House suspend the rules and agree to ly became a haven for a large group of art- and post-World War II displacement. Survivors the resolution, H. Res. 240. ists, both traditional and experimental, who of this tumultuous time want nothing more The question was taken; and (two- were attracted to the mix of dance, theater, than to find evidence of what happened to thirds being in the affirmative) the opera, music, and visual arts; their loved ones. We are all too aware that rules were suspended and the resolu- Whereas the Spoleto Festival USA has maintained traditions of the Festival of Two members of this generation are dying each tion was agreed to. Worlds, such as a dedication to young art- day and that time is of the essence. A motion to reconsider was laid on ists, an enthusiasm for providing unusual While survivors are able to make a request the table. performance opportunities to recognized for records, the current system is both back- f masters in their fields, and a commitment to logged and poorly managed. Over 500,000 re- all forms of the performing arts, including HONORING THE LIFE AND ACCOM- quests are unfulfilled and there are dem- classical ballet, modern and post-modern PLISHMENTS OF GIAN CARLO onstrated cases where survivors have been in- dance, opera, chamber, symphonic, and cho- MENOTTI correctly advised that there are no records ral music, jazz, theater, and visual arts; Whereas the Spoleto Festival USA cur- concerning them. Ms. CLARKE. Mr. Speaker, I move to suspend the rules and agree to the con- rently claims an audience of between 70,000 Today, we call on the legislatures of the and 80,000 attendees each year; and United Kingdom, Luxembourg, Germany, Bel- current resolution (H. Con. Res. 68), Whereas Gian Carlo Menotti died on Feb- gium, Italy, Greece, and France to live up to honoring the life and accomplishments ruary 1, 2007, in a hospital in Monte Carlo: their promises to swiftly approve the changes of Gian Carlo Menotti and recognizing Now, therefore, be it necessary to open the archive. How many the success of the Spoleto Festival Resolved by the House of Representatives (the more survivors need to pass away before the USA in Charleston, South Carolina, Senate concurring), That Congress honors the bureaucratic red tape is cleared away? which he founded. life and accomplishments of Gian Carlo Now is the time to provide answers that sur- The Clerk read the title of the con- Menotti and recognizes the success of the current resolution. Spoleto Festival USA in Charleston, South vivors have been seeking for over 60 years. Carolina, which he founded. Now is the time to provide some measure of The text of the concurrent resolution The SPEAKER pro tempore. Pursu- comfort to those who were terrorized by the is as follows: ant to the rule, the gentlewoman from systematic violence of the Nazis and the H. CON. RES. 68 New York (Ms. CLARKE) and the gen- chaos of the war to end their reign. Whereas Gian Carlo Menotti was born on tleman from South Carolina (Mr. WIL- Ms. SCHAKOWSKY. Mr. Speaker, I rise in July 7, 1911, in Cadegliano-Viconago, Italy; strong support of H. Res. 240 which would Whereas Mr. Menotti began writing songs SON) each will control 20 minutes. help open access to the Holocaust archives at age 7, and at age 11 wrote both the li- The Chair recognizes the gentle- located at Bad Arolsen, Germany. bretto and music for his first opera, The woman from New York. Sixty-two years after the end of the Second Death of Pierrot; GENERAL LEAVE World War, the Holocaust archives located in Whereas Mr. Menotti began his formal mu- Ms. CLARKE. Mr. Speaker, I request sical training in 1923 at Milan’s Verdi Con- 5 legislative days during which Mem- Bad Arolsen remain the largest closed World servatory; War Two-era archives in the world. While ac- Whereas after the death of his father, Mr. bers may insert material relevant to H. cess to individual records may be requested Menotti and his mother emigrated to the Con. Res. 68 into the RECORD. by Holocaust survivors and their families, United States, and he enrolled at Philadel- The SPEAKER pro tempore. Is there many who have requested information in the phia’s Curtis Institute of Music; objection to the request of the gentle- past reported facing significant delays. These Whereas Mr. Menotti’s first full-length woman from New York? millions of extensive records continue to re- opera, The Consul, premiered in 1950, and it There was no objection. main inaccessible to researches. won both the Pulitzer Prize for Music and, in (Ms. CLARKE asked and was given 1954, the New York Drama Circle Critics’ In order to allow for open access to the ar- permission to revise and extend her re- Award for Musical Play of the Year; marks.) chives, each of the 11 members of the Inter- Whereas in 1951, Mr. Menotti wrote his be- national Commission of the International Trac- loved Christmas opera, Amahl and the Night Ms. CLARKE. Mr. Speaker, I yield ing Services must ratify the May 2006 amend- Visitors, for the Hallmark Hall of Fame; myself as much time as I may con- ments to the Bonn Accords. Deplorably, the Whereas Amahl and the Night Visitors was sume. majority of the member countries of the Inter- the first opera ever written for television in Mr. Speaker, H. Con. Res. 68 honors national Commission have yet to ratify these the United States and was first aired on the life and accomplishments of Gian amendments. To date, the amendments have Christmas Eve in 1951; Carlo Menotti, and recognizes the suc- Whereas Amahl and the Night Visitors was only been publicly ratified by 4 out of the 11 cess of the Spoleto Festival USA in such a success that it became an annual Charleston, South Carolina, which he Commission member countries. That is why it Christmas tradition and remains Mr. is important that we are passing H. Res. 240 Menotti’s most popular work to this day; founded. today. Whereas in 1955, Mr. Menotti won a second I would like to thank Representative The 110th Congress has recently recog- Pulitzer Prize for his opera, The Saint of BROWN from South Carolina for bring- nized Holocaust Remembrance Day, and I am Bleecker Street; ing this important resolution to the pleased that we are continuing our efforts to Whereas in 1958, Mr. Menotti founded the floor. ‘‘never forget’’. My district, the 9th Congres- Festival dei Due Mondi (Festival of the Two Gian Carlo Menotti was born July 7, sional District of Illinois, is home to the largest Worlds) in Spoleto, Italy, as a forum for 1911, at Cadegliano-Viconago, Italy. At young American artists in Europe; the age of 7, under the guidance of his concentration of survivors in the State of Illi- Whereas when the organizers of the Fes- nois and perhaps in the country, and the tival of Two Worlds decided to plan a com- mother, he began to compose songs, opening of the Bad Arolsen Archive holds panion festival in the United States, they and 4 years later he wrote the words deep meaning for those individuals and the searched for a city that would offer the and music of his first opera, ‘‘The entire community. Perhaps the records located charm of Spoleto, Italy; Death of Pierrot.’’ there will help these families fill in the blanks Whereas Mr. Menotti and the Spoleto USA Following the death of his father, his in their lives that were shattered by Nazi Ger- organizers decided that Charleston, South mother took him to the United States, many. Carolina, was the perfect counterpart to where he was enrolled at Philadelphia’s Spoleto, Italy, because Charleston is small Curtis Institute of Music. There he I am proud to be a cosponsor of H. Res. enough to be dominated by nonstop arts 240, and I urge all of my colleagues to lend events during the 17-day festival, but also completed his musical studies. it their support. large and sophisticated enough to provide a His first mature work, the one-act Mr. ACKERMAN. We thank every- knowledgeable audience and appropriate the- opera buffa, ‘‘Amelia Goes to the Ball,’’ body for everything as well, including aters; was premiered in 1937, a success that

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.032 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4077 led to a commission from the National ception it has presented 100 inter- In 1951 he wrote the Christmas opera Broadcasting Company to write an national premieres and 93 American ‘‘Amahl and the Night Visitors,’’ the opera especially for radio, ‘‘The Old premieres, notably ‘‘Creve Coeur’’ by first opera ever written for television Maid and the Thief,’’ the first such Tennessee Williams and ‘‘The Amer- in the United States. It first aired on commission ever given. ican Clock’’ by Arthur Miller. World- Christmas Eve in 1951, and it remains ‘‘The Consul,’’ Menotti’s first full- renowned artists who performed at the most popular work to this day. length work, won the Pulitzer Prize Spoleto Festival USA early in their ca- In 1958 he founded the Festival dei and the New York Drama Critics Circle reers include Renee Fleming, Emanuel Due Mondi, which is the Festival of the Award as the best musical play of the Ax, Joshua Bell, Joanna Simon, and Two Worlds, in Spoleto, Italy, as a year in 1954. Yo-Yo Ma. The festival claims an audi- forum for young American artists who In 1984, Menotti was awarded the ence annually of between 70,000 to were in Europe. This was a place for Kennedy Center Honor of Lifetime 80,000 persons each year. them to go to really bevel their skills Achievement in the Arts. He was cho- In 1984 Menotti was awarded the Ken- so that they can communicate to the sen 1991 Musician of the Year by Musi- nedy Center Honor for Achievement in rest of the world the beauty of music. cal America, inaugurating worldwide the Arts, and in 1991 he was chosen Mu- When the organizers of the Festival tributes to the composer in honor of sical America’s ‘‘Musician of the of Two Worlds searched for a city, they his 80th birthday. Year.’’ In addition to composing operas went to Charleston, a great city which Mr. Speaker, I reserve the balance of to his own texts, on his own chosen Congressman WILSON spoke of, and I my time. subject matter, Menotti directed most think that is where he was born. So Mr. WILSON of South Carolina. Mr. productions of his work. they gave us not only Congressman Speaker, I yield myself such time as I Gian Carlo Menotti died on February WILSON, but they also gave us great may consume. 1, 2007, at the age of 95 in a hospital in music. It is a beautiful city, and they Mr. Speaker, I rise today in support Monte Carlo, Monaco, where he had a saw what was in Spoleto, Italy, and of House Concurrent Resolution 68. home. they tried to replicate that. This resolution honors the life and ac- I want to thank my colleagues, led Mr. Menotti founded the Spoleto Fes- complishments of Gian Carlo Menotti, by Congressman HENRY BROWN and my tival USA in Charleston in 1977, and it and recognizes the success of the fellow members of the South Carolina has since maintained the tradition, and delegation, for honoring the life of this Spoleto Festival USA, which he found- you heard the speaker previously speak great Italian American artist as well as ed in my birthplace of Charleston, about how many people go to that fes- his lasting legacy, the Spoleto Festival South Carolina. tival. USA. Born in Italy, near Lake Magiore and I am proud to lend my voice today to I ask my colleagues to support this the chorus of those in support of this the Swiss border, Mr. Menotti began resolution. resolution. writing songs at the age of 7. By 11 he Mr. Speaker, I reserve the balance of True, Mr. Speaker, there was no TV wrote both the story line and music for my time. his first opera, ‘‘The Death of Pierrot,’’ Ms. CLARKE. Mr. Speaker, I am series or reality TV reflecting the ge- nius of this man. Thank God. His music and shortly thereafter began his formal pleased to yield 41⁄2 minutes to the gen- spoke for itself and sounded for itself. musical training at Milan’s Verdi Con- tleman from New Jersey, BILL And when we talk about television and servatory. PASCRELL, Jr., member of the Ways and what goes on the tube and what passes b 1245 Means Committee. Mr. PASCRELL. Mr. Speaker, I want for reality and the series that we see After the death of his father, Menotti to thank the gentlewoman for yielding. and are exposed to that are supposed to and his mother immigrated to the I rise today in strong support of reflect to us the ethnicity of certain United States, where he enrolled at House Concurrent Resolution 68, a res- groups, it is shameful that we do not Philadelphia’s Curtis Institute of olution honoring the life and accom- give presence to this beautiful immi- Music. plishments of Gian Carlo Menotti, who grant who gave his life, as the indi- In 1951 Mr. Menotti wrote his beloved passed away earlier this year at the vidual we honored last year, who paint- Christmas opera, ‘‘Amahl and the age of 95. ed the inside of this Capitol and wound Night Visitors,’’ for the Hallmark Hall As cochair of the congressional up with nothing in his pocket at the of Fame. ‘‘Amahl and the Night Visi- Italian American delegation, I am es- end of it. These are the people that tors’’ was the first opera ever written pecially proud to be here today to made America. Not the people that get for television in the United States and honor Gian Carlo Menotti. This award- whacked on series. And thank God it is was first aired on Christmas Eve in winning composer and champion of art- going to be over pretty soon. 1951. ‘‘Amahl and the Night Visitors’’ ists was one of the most significant So we celebrate the accomplishments was such a success that it became an composers to emerge after World War of Gian Carlo Menotti not just for annual Christmas tradition and re- II. Italians, not just for Italian Ameri- mains Mr. Menotti’s most famous pop- A native of Italy, he was the sixth of cans, but for all of us. We are all immi- ular work to this day. ten children. He began writing songs grants. We are all immigrants. And so In 1958 he founded the Festival of when he was 7 years of age. If you can we say that word respectfully as we Two Worlds in Spoleto, Italy. This fes- flash back to when we were 7 years of move towards the discussion and the tival was intended to bring opera to a age, I know that maybe the Speaker debate about what our immigration popular audience and helped launch the was writing songs, but I wasn’t. He policy will be later on in this year. And careers of such artists as singer Shirley wrote both the libretto and music for hopefully we will come to salient solu- Verrett and choreographers Paul Tay- his first opera, ‘‘The Death of Pierrot.’’ tions which reflect the best of our im- lor and Twyla Tharp. He was an immigrant. So we are not migrant population, every group, re- In 1977 he founded its companion fes- only talking about his life, we are talk- gardless of which continent you came tival, Spoleto Festival USA, in ing about all of those immigrants who here from. Charleston, South Carolina. Spoleto came here with nothing and made So thank you, Madam Congress- Festival USA is an annual 17-day fes- something that everybody was affected woman, and thank you, Mr. WILSON tival of the arts which produces opera, by in his life. from South Carolina. and it presents dance, theater, classical He came to this country in 1928. And Mr. WILSON of South Carolina. Mr. music, and jazz. The festival is held in his first full-length opera was ‘‘The Speaker, I appreciate the information late May and early June. Consul,’’ which premiered in 1950. He enthusiastically provided by Mr. Charleston was chosen as the loca- won the Pulitzer Prize for Music and in PASCRELL, who is certainly one of the tion for the festival due to its wealth of 1954 the New York Drama Circle Crit- finest Members we have here, and I ap- theaters and other performance spaces. ics’ Award for Musical Play of the preciate our long association. Each year the festival hosts over 100 Year. The piece was translated into 12 Mr. Speaker, I yield such time as he performances by international artists languages and performed in no fewer may consume to the gentleman from in a variety of disciplines. Since its in- than 20 countries. South Carolina (Mr. BROWN).

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.035 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4078 CONGRESSIONAL RECORD — HOUSE April 25, 2007 Mr. BROWN of South Carolina. Mr. in bringing this to the attention of our The SPEAKER pro tempore. Is there Speaker, I thank my good friend Joe country. objection to the request of the gentle- Wilson for yielding me this time and Mr. Speaker, I yield back the balance woman from New York? for those great remarks of Mr. of my time. There was no objection. PASCRELL. Ms. CLARKE. Mr. Speaker, I yield (Ms. CLARKE asked and was given Mr. Speaker, I rise today to speak on back the balance of my time. permission to revise and extend her re- H. Con. Resolution 68, which is a reso- The SPEAKER pro tempore. The marks.) lution honoring the life of Gian Carlo question is on the motion offered by Ms. CLARKE. Mr. Speaker, I yield Menotti, who was the founder of the the gentlewoman from New York (Ms. myself such time as I may consume. H. Res. 292 expresses the sense of the Spoleto Festival USA that happens CLARKE) that the House suspend the every year in Charleston, South Caro- rules and agree to the concurrent reso- House of Representatives that schools lina. lution, H. Con. Res. 68. should celebrate National Garden Month through a curriculum that in- Mr. Speaker, on February 1, 2007, The question was taken; and (two- cludes outdoor learning. Gian Carlo Menotti passed away. He thirds being in the affirmative) the I would like to thank my colleague, was a Pulitzer Prize-winning composer rules were suspended and the concur- the gentlewoman from Ohio, Rep- and champion of the arts in the United rent resolution was agreed to. resentative PRYCE, for bringing this States and in Italy. A motion to reconsider was laid on resolution to the floor. In 1958 he founded the Festival of the table. Mr. Speaker, the importance of get- Two Worlds in Spoleto, Italy, as a f ting children outside and involving forum for young artists in Europe. In them with the environment is critical EXPRESSING THE SENSE OF THE 1977 he decided to plan a companion to the survival of our planet, and this HOUSE THAT SCHOOLS SHOULD American festival, and they searched bill takes the first step in that direc- CELEBRATE NATIONAL GARDEN for an American city that would offer tion. National Garden Month will in- MONTH THROUGH A CUR- the charm of Spoleto, Italy. troduce children, particularly children RICULUM THAT INCLUDES OUT- Mr. Menotti and the Spoleto Festival from the city, such as Brooklyn, where DOOR LEARNING organizers decided that Charleston, I represent, who would not be exposed South Carolina, was the perfect coun- Ms. CLARKE. Mr. Speaker, I move to to the outdoors an opportunity to in- terpart to Spoleto, Italy. Charleston is suspend the rules and agree to the reso- volve themselves in gardening and the small enough to be dominated by non- lution (H. Res. 292) expressing the sense outdoors. stop arts events during the 17-day fes- of the House of Representatives that This resolution is a small step in tival but also large and sophisticated schools should celebrate National Gar- helping to further our survival. I urge enough to provide a knowledgeable au- den Month through a curriculum that my colleagues to support the environ- dience and appropriate theaters. includes outdoor learning. ment by supporting this bill. Organizers also observed that The Clerk read the title of the resolu- Mr. Speaker, I reserve the balance of Charleston, South Carolina, has an ex- tion. my time. tensive history of involvement with The text of the resolution is as Mr. WILSON of South Carolina. Mr. the arts from housing America’s first follows: Speaker, I yield as much time as she theater and ballet companies to hous- H. RES. 292 may consume to the gentlelady from ing the oldest musical organization in Whereas individuals in the United States Ohio (Ms. PRYCE). the country. Ms. PRYCE of Ohio. I thank the gen- The Spoleto Festival quickly became desire a healthy environment for the future; Whereas teaching children to appreciate, tleman, my friend Mr. WILSON, for a haven for a large group of artists, respect, and protect the environment will yielding me this time. both traditional and experimental, who have long-term benefits because children are Mr. Speaker, I rise today in support found the mix of dance, theater, opera, the next generation of environmental stew- of H. Res. 292, legislation I introduced music, and the visual arts. ards; to encourage schools to celebrate Na- The Spoleto Festival USA has main- Whereas greater exposure to nature tional Garden Month by including out- tained traditions of the Festival of Two through outdoor learning and play is recog- door learning in their curriculum. Worlds, such as a dedication to young nized as essential to the physical, emotional, Mr. Speaker, I want to make special artists and an enthusiasm for providing and mental development and health of chil- thanks to my friend, the gentlewoman dren; unusual performance opportunities to Whereas gardening exposes children to the from New York (Mrs. MCCARTHY) for recognized masters in their fields and a outdoors while increasing their knowledge of cosponsoring this bill and helping me commitment to all forums of the per- plant cultivation and soil ecosystems; get it to the floor. forming arts, including classical ballet, Whereas research has shown that gar- Mr. Speaker, the National Garden modern and post-modern dance, opera, dening positively impacts not only environ- Association has designated April as Na- chamber, symphonic, and choral music, mental attitudes, but also nutritional atti- tional Gardening Month, during which jazz, theater, and visual arts. tudes, interpersonal skills, and self-esteem; people across the Nation take out time Spoleto Festival USA currently and from their busy schedules to plant Whereas the National Gardening Associa- claims an audience of over 75,000 tion recognizes April as National Garden seeds and bulbs and trees to beautify attendees each year, and the festival Month: Now, therefore, be it their lawns and gardens and, ulti- continues its dedication to providing Resolved, That it is the sense of the House mately, the communities in which they performance opportunities to young of Representatives that schools throughout live. However, this annual ritual does artists from across the United States the United States should celebrate National more than just enrich the aesthetics of and Italy. Garden Month through a curriculum that in- people’s yards. Research has shown Mr. Speaker, H. Con. Res. 68 has been cludes outdoor learning through gardening. that gardening positively impacts envi- endorsed by the National Italian Amer- The SPEAKER pro tempore. Pursu- ronmental attitudes, interpersonal ican Foundation and is cosponsored by ant to the rule, the gentlewoman from skills, self-esteem and even nutritional the entire South Carolina delegation, New York (Ms. CLARKE) and the gen- attitudes. That is why it is important including my friend and colleague who tleman from South Carolina (Mr. WIL- that we expose our children, especially also represents part of Charleston, SON) each will control 20 minutes. school-age children, to the benefits of South Carolina, the majority whip, The Chair recognizes the gentle- nature and gardening through outdoor Jim Clyburn. woman from New York. learning. I urge all of my colleagues to support April is a fitting month for consider- b 1300 H. Con. Res. 68 in honor of the father of ation of this measure as we celebrate Spoleto Festival USA, Gian Carlo GENERAL LEAVE both Earth Day, and in many States, Menotti. Ms. CLARKE. Mr. Speaker, I request Arbor Day. With conservation and en- Mr. WILSON of South Carolina. Mr. 5 legislative days during which Mem- vironmental stewardship in the air, we Speaker, I do want to conclude with bers may insert material relevant to H. should seize this opportunity to en- thanking Mr. BROWN for his leadership Res. 292 into the RECORD. courage children all across America to

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.041 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4079 step away from their televisions and I am happy to say that many of my Mr. Speaker, I yield back the balance turn off their X-Boxes, get outside, get schools on Long Island have gardens of my time. some fresh air, and become the young going around the school, number one, Ms. CLARKE. Mr. Speaker, I yield scientists in the living laboratory that to beautify it, but also to teach the back the balance of my time. is all around us. children how important gardening is. The SPEAKER pro tempore. The More so than any one generation be- And growing vegetables. We find that question is on the motion offered by fore it, children today are instilled children that grow their own vegeta- the gentlewoman from New York (Ms. with the values of environmentalism bles actually enjoy eating vegetables a CLARKE) that the House suspend the and conservation. H. Res. 292 builds little bit more. rules and agree to the resolution, H. upon and nurtures this value system I certainly want my colleagues to Res. 292. and serves as a win-win for all. vote for this. It is a good bill, and it is The question was taken; and (two- With the long-term health of our en- a good awareness for our young people. thirds being in the affirmative) the vironment becoming an increasingly Mr. WILSON of South Carolina. Mr. rules were suspended and the resolu- hot topic, it is imperative that we Speaker, I yield myself such time as I tion was agreed to. teach our children to appreciate, re- may consume. A motion to reconsider was laid on spect and protect our environment. Mr. Speaker, I rise today in support the table. While doing so, it improves and beau- of H. Res. 292, expressing the sense of f tifies the planet around us. It also is the House of Representatives that CONGRATULATING UNIVERSITY OF essential to the physical, emotional schools should celebrate National Gar- TENNESSEE WOMEN’S BASKET- and mental development of our chil- den Month through a curriculum that BALL TEAM FOR WINNING 2007 dren. The practice of gardening has includes outdoor learning through gar- NCAA DIVISION I WOMEN’S BAS- proven to improve landscapes and envi- dening. KETBALL CHAMPIONSHIP ronmental health, nutrition and per- I appreciate the leadership of its lead sonal health and family and commu- sponsor, Congresswoman DEBORAH Ms. CLARKE. Mr. Speaker, I move to nity bonds. This bill will introduce PRYCE of Ohio. suspend the rules and agree to the reso- more children than ever to gardening Around the Nation, more and more lution (H. Res. 320) congratulating the and horticulture. schools and youth groups are becoming University of Tennessee women’s bas- For a more beautiful America, and savvy to the ecological and educational ketball team for winning the 2007 for healthier and happier children, I benefits of building gardens. It gives NCAA Division I Women’s Basketball urge my colleagues to support this res- students another reason to get out- Championship. olution. doors and use their knowledge and aca- The Clerk read the title of the resolu- Ms. CLARKE. Mr. Speaker, I am demic skills to solve a real world prob- tion. pleased to yield 2 minutes to the gen- lem. The text of the resolution is as fol- tlewoman from New York (Mrs. Gardening offers active and engaging lows: MCCARTHY), Chair of the Sub- connections to academics from science H. RES. 320 committee of Healthy Families and and math to nutrition and literacy. Whereas, on April 3, 2007, before a crowd of Communities of the Education and Educators will tell you students retain over 20,000 fans, the University of Tennessee Labor Committee. information better when they design women’s basketball team (the ‘‘Lady Vols’’) Mrs. MCCARTHY of New York. experiments, use more than one style defeated the Scarlet Knights of Rutgers by a Thank you for yielding. of learning, and share their newfound score of 59–46 to win the 2007 National Colle- I want to thank my good colleague, knowledge with others. giate Athletic Association (NCAA) Division I Women’s Basketball Championship; DEBORAH PRYCE, for working on this Additionally, gardening benefits chil- Whereas this championship was the first bill and introducing the bill. I want to dren’s health and well-being, as well as national title for the Lady Vols since their 3- certainly thank my colleague on the their attitudes toward the environ- year championship run in 1996–98, and their Education Committee, Representative ment. Indeed, gardening benefits the 7th national title in the last 20 years; CLARKE from New York, also, for man- whole child. It captivates children’s in- Whereas the Lady Vols were successful due aging the bill. terests, teaches them nurturing skills, to the leadership of Coach Pat Summitt, the Mr. Speaker, I rise in support of and gives them a sense of pride in their Nation’s all-time winningest NCAA basket- H.Resolution 292. It is important for accomplishments. It introduces them ball coach (men’s or women’s) with 947 wins over 33 seasons at the University of Ten- our schoolchildren to learn outside the to healthful foods and provides a way nessee; classroom. to improve and give back to the com- Whereas Joan Cronan, the Women’s Ath- I am personally a gardener, and I munity. letics Director, has shown vision and leader- hope that someday I’m actually going I grew up with an appreciation of ship throughout her 24-year career at the to become a master gardener. I also gardening in that my mother, Wray G. University of Tennessee and created one of know that bringing my grandchildren Wilson, was the garden editor of the the most visible and respected athletic pro- into the garden and showing them, Charleston News and Courier, where grams in the country; number one, how to grow things, and she encouraged the establishment of a Whereas the Lady Vols were undefeated in conference games during the 2006–2007 season also the whole life of bugs, I know a lot municipal parks department for Amer- and compiled an impressive overall record of of people might get a little squeamish ica’s most historic city, with the lead- 34 wins and 3 losses; about that, but to learn the science ership of Mayor J. Palmer Gailliard, Whereas Candace Parker tallied 17 points, and to watch a praying mantis and to Jr. Additionally, my two youngest 7 rebounds, and 3 assists and was selected the watch how they live and how the birds sons, Julian and Hunter, have devel- Most Outstanding Player for the 2007 tour- and the gardens work together, it is oped an appreciation of gardening, the nament, becoming the 5th Lady Volunteer to teaching our young children the won- environment and conservation by at- be so honored, following in the footsteps of ders of the world. It also gets them in- tending Camp Wildwood, sponsored by Chamique Holdsclaw (1998, 1997), Michelle Marciniak (1996), Bridgette Gordon (1989), terested in science. This world is a very the South Carolina Department of Nat- and Tonya Edwards (1987); complex place. ural Resources and the Garden Clubs of Whereas Shannon Bobbitt, who at only 5 It is also extremely good for your South Carolina. I am grateful to Brad feet, 2 inches, is the smallest player ever at mental health. I know that certainly Taylor and Steve Bates for their enthu- the University of Tennessee, scored 3 deci- with this job here, and all the years siastic coordination of Camp Wildwood. sive 3-pointers in the 2nd half, finished the that I worked as a nurse, the first For these reasons, Mr. Speaker, I am game with 13 points, and was named to the thing I went to was my garden when I honored to join my friends, Congress- 2007 All-Tournament Team; got home. Just to put your hands in woman PRYCE, Congresswoman Whereas Nicky Anosike had a career high of 16 rebounds and was named to the 2007 All- the soil, it gives you an immediate re- CLARKE, Congresswoman MCCARTHY Tournament team; lease of the tension that you might and students across the Nation in cele- Whereas senior Sidney Spencer scored 11 feel. So it is an activity that we are brating National Gardening Month, points and Alberta Auguste scored 10 points, seeing more and more young people and ask my colleagues to support this with both players achieving a combined 6 for getting involved in. resolution. 6 from the free throw line;

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.044 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4080 CONGRESSIONAL RECORD — HOUSE April 25, 2007 Whereas Alexis Hornbuckle played out- enriching their collegiate experience. The 2007 Lady Vols compiled a 27–2 standing defense and created energy on the As well, as a result, we are here today regular season record, a 14–0 SEC court; to recognize the victory of the Ten- record, a 34–3 allover record including Whereas Dominique Redding and Alex nessee women’s basketball team 2007 the SEC and NCAA tournaments. Fuller also contributed to the team’s vic- tory; NCAA Division I champions. On April 3, 2007, before a crowd of Whereas the 2006–2007 team has an average I urge my colleagues to support this over 20,000 fans, the Lady Vols beat the GPA above 3.0; and resolution and demonstrate our com- Scarlet Knights of Rutgers by a score Whereas Coach Pat Summitt’s Lady Vols mitment to girls and women’s ath- of 59–46. continue their remarkable graduation rate, letics. Mr. Speaker, all of the players on the with every student athlete who has com- Mr. Speaker, I reserve the balance of Lady Vols have grade point averages pleted her eligibility at the University of my time. over 3.0. Coach Summitt, in her 33 Tennessee either graduating or working to- Mr. WILSON of South Carolina. Mr. years of coaching, has had an astound- ward all of the requirements for graduation: ing record of a 100 percent graduation Now, therefore, be it Speaker, I yield such time as he may Resolved, That the House of Representa- consume to the gentleman from Ten- rate. And she won’t even let her young tives— nessee (Mr. DUNCAN), who has ably de- women take easy courses. It is an (1) congratulates the University of Ten- veloped this resolution. amazing record that no other coach in nessee women’s basketball team for being Mr. DUNCAN. I thank the gentleman the country can match. champions on and off the court and for their from South Carolina for yielding me I want to commend Candace Parker, victory in the 2007 NCAA Division I Women’s this time, and I thank the gentlelady the most outstanding player of the 2007 Basketball Championship; from New York for her support for this NCAA tournament, and the starting (2) recognizes the significant achievements lineup of Shannon Bobbitt, Nicky of the players, coaches, students, alumni, resolution. and support staff whose dedication and hard Mr. Speaker, I have the privilege and Anosike, Sidney Spencer, Alexis work helped the University of Tennessee honor of representing Knoxville and Hornbuckle; Sidney Spencer, the only Lady Vols win the NCAA championship; and the surrounding area, which is the senior on the team; and certainly the (3) respectfully requests the Clerk of the home of the main campus of the Uni- key bench players like Dominique Red- House of Representatives to transmit copies versity of Tennessee and the home of ding, Alberta Auguste, Alex Fuller, and of this resolution to the following for appro- the great basketball team, the Ten- Cait McMahan from my own district in priate display— nessee Lady Vols. Maryville, Tennessee. (A) Dr. John D. Petersen, President of the I want to also thank all of the mem- University of Tennessee; I have sometimes said, Mr. Speaker, (B) Dr. Loren Crabtree, Chancellor of the that the colors orange and white are bers of the Tennessee delegation for co- University of Tennessee, Knoxville; almost as patriot or more patriotic in sponsoring this resolution with me, as (C) Joan Cronan, Women’s Athletics Direc- my district than red, white and blue. well as 22 other bipartisan cosponsors tor; and And I also have said that oftentimes it from across this country, from Cali- (D) Pat Summitt, Women’s Basketball appears that the biggest thing in my fornia to West Virginia and South Head Coach. district is Tennessee football and Ten- Carolina to Pennsylvania. The SPEAKER pro tempore. Pursu- nessee women’s basketball, although I appreciate the nationwide support ant to the rule, the gentlewoman from Tennessee men’s basketball is coming this resolution has. New York (Ms. CLARKE) and the gen- back under the leadership of our great Ms. CLARKE. Mr. Speaker, I am tleman from South Carolina (Mr. WIL- new coach, Coach Bruce Pearl. But we pleased to yield as much time as he SON) each will control 20 minutes. are especially proud of our Lady Vols may consume to the distinguished The Chair recognizes the gentle- basketball coach, Ms. Pat Head chairman of the Subcommittee on woman from New York. Summitt. Under Coach Summitt, Ten- Health, Education, Labor, and Pen- GENERAL LEAVE nessee women’s basketball sometimes sions of the Education and Labor Com- Ms. CLARKE. Mr. Speaker, I request frequently had crowds of two and three mittee, the gentleman from New Jer- 5 legislative days during which Mem- times the number of fans that the sey (Mr. ANDREWS). bers may insert material relevant to H. men’s basketball team would draw, (Mr. ANDREWS asked and was given Res. 320 into the RECORD. sometimes drawing crowds as large as permission to revise and extend his re- The SPEAKER pro tempore. Is there 24,000, 25,000 people. Pat Summitt is marks.) objection to the request of the gentle- the NCAA’s winningest coach, man or Mr. ANDREWS. I thank my friend woman from New York? woman, in Division I, and has posted from New York for yielding to me. There was no objection. an overall record of 947 wins against Mr. Speaker, I congratulate the out- (Ms. CLARKE asked and was given only 180 losses, a phenomenal winning standing athletes of the Lady Vols of permission to revise and extend her re- percentage of 84 percent. the University of Tennessee for being marks.) Her 2007 NCAA title was the seventh outstanding students, outstanding ath- Ms. CLARKE. Mr. Speaker, I yield in her 33-year career at Tennessee. She letes, and great representatives of their myself such time as I may consume. also captured NCAA titles or led the university in this country. H. Res. 320 congratulates the Univer- Lady Vols to NCAA championship ti- I must say, coming from New Jersey, sity of Tennessee women’s basketball tles in 1987, 1989, 1991, 1996, 1997 and as far as we were concerned, there were team for winning the 2007 NCAA Divi- 1998, as well as this year. She trails two champions playing in this cham- sion I women’s basketball champion- only UCLA’s legendary John Wooden pionship game that took place. The ship. for the most lifetime NCAA titles. Lady Vols won a decisive victory fair I would like to thank my colleague, Coach Wooden captured 10 during his and square on the court, although the gentleman from Tennessee, Rep- tenure. those of us that are fans of Rutgers say resentative DUNCAN, for bringing this She was named SEC Coach of the we will be back next year to challenge resolution to the floor. Year in 1993, 1995, 1998, 2001, 2003, 2004, again. In recognition of the accomplish- and 2007. She was the NCAA women’s But I was in the chair when the Rut- ments of the Tennessee women’s bas- Coach of the Year an unbelievable gers resolution passed last week, and I ketball team for winning the 2001 number of times, in 1983, 1987, 1989, did not want to let this moment pass NCAA Division I championship, we 1994, 1995, 1998 and 2004. without adding my voice to acknowl- need only reflect back to the year 1972, edge the championship quality of the when in this body title VIII, also b 1315 young women on both of these teams. known as the Pepsi Teammate Equal She was named the Naismith Coach In New Jersey, we are particularly Opportunity and Education Act, was of the Century in the year 2000. I want proud of the grace and dignity and enacted. Title VIII has demonstrated to congratulate Pat Head Summitt and class shown by the young women of the significant impact on high school and her assistant head coach Holly Warlick Rutgers Scarlet Knights basketball collegiate athletics. As a result, women who has been with her through most of team. We think those characteristics nationwide have had the opportunity those years, and also assistants Nikki are amply shared by the Lady Vols as to engage in extracurricular activities Caldwell and Dean Lockwood. well, and I just wanted to add my voice

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.009 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4081 of congratulations as the runner-up to honoring the Lady Vols for their ter- And I, too, want to pay tribute to the Lady Vols. But we believe that our rific performance in the recent basket- Rutgers, a lot of attention, but incred- young ladies, Mr. Speaker, from Rut- ball tournament. We also want to ible young women that I have seen on gers are champions in every sense of honor, of course, the Scarlet Knights television articulating who they are the word. from Rutgers, all the teams that par- and how proud they are of who they Mr. WILSON of South Carolina. Mr. ticipated in this wonderful tournament are, an outstanding coach. And so Speaker, I yield 3 minutes to the and did a wonderful job; but particu- today we, frankly, come in joint rec- gentlelady from Tennessee (Mrs. larly from Tennessee, we want to honor ognition of two great teams, two great BLACKBURN). the Lady Vols, and their incredible schools with great traditions. And you Mrs. BLACKBURN. Mr. Speaker, I coach, Pat Head Summitt. have got to feel good about the future thank the gentleman from South Caro- I have the honor of representing part of our country by looking at the Lady lina and my colleague from Tennessee of Cheatham County, and Pat Summitt Vols and the Scarlet Knights. So con- for his work on the resolution, and I claims that as her home, and we are gratulations to all. thank Mr. ANDREWS for his kind re- very proud that she is from there as Ms. CLARKE. Mr. Speaker, I reserve marks. And, yes, we think the Scarlet the winningest coach in NCAA history. the balance of my time. Knights as we honored them last week So everything that should be said I Mr. WILSON of South Carolina. Mr. did a wonderful job. think has been said. I would just like Speaker, I yield 3 minutes to the gen- But I will have to tell you, Mr. to associate myself with the remarks tleman from Tennessee (Mr. DAVID Speaker, we were so thrilled with our because Tennesseans and all Ameri- DAVIS). Tennessee Lady Vols, and we did like cans, I think, are proud of the perform- Mr. DAVID DAVIS of Tennessee. Mr. that score of 59–46. We thought that ance of the Lady Vols. Speaker, I rise today to support House was very good. We liked the fact that Mr. WILSON of South Carolina. Mr. Resolution 320, congratulating the Uni- our Lady Vols captured their seventh Speaker, I yield 3 minutes to the gen- versity of Tennessee women’s basket- title in 20 years, and it was the first tleman from Tennessee (Mr. WAMP). ball team for winning the 2007 NCAA NCAA championship since they won Mr. WAMP. I thank the gentleman Division I women’s basketball cham- three straight titles, as my colleague for yielding and for this moment for us pionship. from Knoxville mentioned, there in to come and celebrate the Lady Vols’ The Lady Vols are an institution 1996, 1997, 1998. victory of the national championship. statewide with an unmatched record of He mentioned also their coach, Pat Mr. Speaker, two of my favorite success. With their 59–46 victory over Head Summitt, and mentioned that she things in life, as people know who Rutgers on April 3, the Lady Vols won is the NCAA’s all-time winningest know me, are the game of basketball their unprecedented seventh NCAA na- coach, male or female. She is given to and the Tennessee Volunteers. In 3 tional championship. leadership and she is given to men- months, I will have a son who is a jun- A quick review of the program’s toring and role modeling. That is why ior at the University of Tennessee, and records in the past quarter of a century she has totaled up 947 victories, and a daughter who is a freshman, as my shows features unmatched in women’s she is still counting because she is still son has been there for 2 years, and Kim basketball history. They have seven out there. and I are about to have both of our national titles, 12 championship game And we accept that challenge from children as students at the University appearances, 17 Final Four appear- those at Rutgers. We know they are of Tennessee, and we very much love ances, 25 sweet 16 appearances. coming back next year, but so are we, the school. Tennessee is the only team that has and we know that Coach Summitt is I want to speak a moment about the appeared at all 26 NCAA women’s bas- going to be out there. And, again, we school, because with the HOPE scholar- ketball tournaments, and their Hall of expect that they will dominate not ship and the tremendous influx in new Fame coach, Pat Summitt, has been a only the SEC but the NCAA. students at the University of Ten- leader in this program for 33 years. And And, as always, the Lady Vols ac- nessee, standards and scores continue a record of 947 wins and 180 losses gives complished their goal with the dignity to go up. With each and every freshman her more wins than any coach, men or befitting one of college basketball’s class, the University of Tennessee be- women, in the history of college bas- most celebrated programs. Yet their comes a much better, even better insti- ketball. She has been a leader in ad- on-the-court exploits pale in compari- tution of higher learning. The quality vancing women’s athletics to more of a son to the fact that the Lady Vols con- is very much on the rise, and we are prominent role, and her winning record tinue to set a standard for Division I very proud of our school. is even more impressive when you be- college sports in the classroom. Coach But one of the aspects of the Univer- come aware of the fact that every Lady Summitt and her staff demand the sity of Tennessee that is so unique is Vol who has completed her eligibility best, and that attitude is reflected in the quality of student athletes that we at Tennessee has received her degree or the championship team’s 3.0 grade see there at the University of Ten- is in the process of completing her de- point average, and the program’s re- nessee across the spectrum, and then gree. markable graduate rate that has the quality of the athletics that go Her players and staff have always spurred every student who has com- with those student athletes, from displayed the highest levels of sports- pleted her eligibility at the university sports like basketball and football, manship and have been tremendous to either graduate or continue working which are nationally well known, but ambassadors for our university. The toward requirements for graduation. across the spectrum to baseball and national and statewide following en- Basketball excellence deserves our ap- swimming and other athletic endeav- joyed by the Lady Vols include numer- plause, but a commitment to academic ors. And we are glad that Bruce Pearl ous fans throughout the First Congres- excellence and the pursuit of a young is there now as well, and the men’s sional District of Tennessee. Therefore, student athlete’s college degree and team is sweet 16 and very, very strong. I am pleased to join my colleagues in their leadership and professional devel- But we are known for ladies’ basket- supporting this worthy resolution hon- opment deserves our celebration. ball. oring the coaches and players of the I do congratulate the Lady Vols, The Lady Vols are the best organiza- Lady Vols. Coach Summitt, and the entire Univer- tion in the country for years and years. Mr. WILSON of South Carolina. Mr. sity of Tennessee family for their tre- I won’t go back through all the num- Speaker I yield 3 minutes to the mendous achievements. bers. But, to me, the student athletes gentlelady from Illinois (Mrs. Ms. CLARKE. Mr. Speaker, I am represent the very best of the Univer- BIGGERT). pleased to yield as much time as he sity of Tennessee. We are very, very Mrs. BIGGERT. I thank the gen- may consume to the gentleman from proud of them. As a Volunteer dad, I tleman for yielding. Tennessee (Mr. COOPER). am especially proud and look forward Mr. Speaker, it is with great pleasure Mr. COOPER. Mr. Speaker, I am to many successful years in the future that I rise today to congratulate the proud to join my colleagues from Ten- and a great future for the University of Lady Volunteers of the University of nessee and across the country who are Tennessee. Tennessee on their 59–46 victory over

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.048 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4082 CONGRESSIONAL RECORD — HOUSE April 25, 2007 Rutgers University to clinch the 2007 woman from West Virginia (Mrs. RECOGNIZING BENEFITS AND IM- NCAA Division I women’s basketball CAPITO). PORTANCE OF SCHOOL-BASED championship. But I am sure you are Mrs. CAPITO. Mr. Speaker, I rise MUSIC EDUCATION wondering why a Member from Illinois today to commend the Lady Vols on Ms. CLARKE. Mr. Speaker, I move to would rise to discuss a team from Ten- winning the 2007 national women’s bas- suspend the rules and agree to the con- nessee. ketball championship. current resolution (H. Con. Res. 121) Mr. Speaker, it is to congratulate not You are probably wondering why recognizing the benefits and impor- only this team but one of its key play- someone from West Virginia is joining tance of school-based music education, ers, Candace Parker. Candace grew up in the celebration. That is because and for other purposes. in the district that I represent, the 13th Alexis Hornbuckle, a starting guard for The Clerk read the title of the con- District of Illinois, and once again she the Lady Vols, is a native of West Vir- current resolution. is doing great things. I first got to ginia, and I actually have been privi- The text of the concurrent resolution know Candace when she led the leged throughout the years to watch is as follows: Naperville Central High School Red Alexis play not only with my daughter H. CON. RES. 121 Hawks to a State basketball title in in AAU, but also since she was an 8- 2003, a feat that they repeated in 2004. Whereas school music programs enhance year-old girl she was a phenom on the During her high school years, she was intellectual development and enrich the aca- court and we knew only great things demic environment for students of all ages; honored with both the Naismith and were ahead of her. She is a wonderful Whereas students who participate in school Gatorade National Players of the Year music programs are less likely to be involved Awards. Candace followed Marianne student. She played on a four time State championship basketball team in with drugs, gangs, or alcohol and have better Jones and LeBron James as only the attendance in school; third high school athlete in any sport high school. She is from a wonderful Whereas the skills gained through sequen- to win the Gatorade National Player of West Virginia family, and we join tial music instruction, including discipline the Year in back-to-back seasons, and today as West Virginians to say con- and the ability to analyze, solve problems, is the first girls’ basketball player to gratulations to UT and congratulations communicate, and work cooperatively, are achieve this distinction. to Alexis. vital for success in the 21st century work- During her first year at Tennessee, I would also like to say congratula- place; tions to her coach, Pat Summitt. She Whereas the majority of students attend- she was forced to take a medical red ing public schools in inner city neighbor- shirt at Tennessee where she under- is a phenomenal coach of young hoods have virtually no access to music edu- went surgery to repair her torn ACL. women, and is growing future leaders cation, which places them at a disadvantage During her time away from basketball, of America. compared to their peers in other commu- Candace was continuing to make head- Just to show you the quality of Pat nities; lines, but this time in the academic Summitt, when she recruited Alexis, Whereas the arts are a core academic sub- area. She earned a spot on the Lady when she knew she was going to UT, ject, and music is an essential element of the Volunteers’ honor roll, and was named Pat Summitt came to Alexis’ church to arts; and Whereas every student in the United to the Southeastern Conference All- meet not only her parents, her friends, States should have an opportunity to reap Academic Freshman Team. She re- but also her church family. the benefits of music education: Now, there- turned to the court for the 2005–2006 So I say a job well done to the Uni- fore, be it season without missing a beat. She was versity of Tennessee Lady Vols, and es- Resolved by the House of Representatives (the the only player on the team to start pecially to West Virginia’s own, Alexis Senate concurring), That it is the sense of the every game and led the Lady Vols in Hornbuckle. Congress that music education grounded in rigorous instruction is an important compo- scoring and rebounds. Mr. WILSON of South Carolina. Mr. While facing Army in the 2006 NCAA nent of a well-rounded academic curriculum Speaker, I yield myself such time as I and should be available to every student in tournament, she became the first fe- may consume. every school. male to dunk in a tournament game Mr. Speaker, I rise today in support The SPEAKER pro tempore. Pursu- and the first to do it twice in any of House Resolution 320 congratulating ant to the rule, the gentlewoman from game. the University of Tennessee women’s New York (Ms. CLARKE) and the gen- b 1330 basketball team for winning the 2007 tleman from South Carolina (Mr. WIL- That season, Candace was named the NCAA Division I women’s basketball SON) each will control 20 minutes. 2006 SEC Tournament MVP, the 2006 championship. The Chair recognizes the gentle- SEC Freshmen of the Year, and the I am happy to join my good friend woman from New York. 2006 SEC Rookie of the Year. Adding to and colleague, Representative DUNCAN, Ms. CLARKE. Mr. Speaker, I yield her extensive list of awards this sea- in honoring this exceptional team and myself such time as I may consume. son, she was named the 2007 SEC Play- all of its accomplishments, and wish all (Ms. CLARKE asked and was given er of the Year. involved continued success. I ask my permission to revise and extend her re- But perhaps her greatest achieve- colleagues to support this resolution. marks.) ment came as she and the Lady Volun- I yield back the balance of my time. Ms. CLARKE. Mr. Speaker, H. Con. teers won the 2007 NCAA Division I Ms. CLARKE. Mr. Speaker, I yield Res. 121, recognizing the benefits and women’s national basketball cham- back the balance of my time. importance of school-based music edu- pionship. The SPEAKER pro tempore. The cation, and for other purposes, I would Candace Parker is an outstanding question is on the motion offered by like to thank my colleague, the gen- athlete and scholar who has done so the gentlewoman from New York (Ms. tleman from Tennessee (Mr. COOPER), for bringing this resolution to the many impressive things in her short CLARKE) that the House suspend the career. Again, I would like to congratu- rules and agree to the resolution, H. floor. One of the basic reasons that every late her and her fellow Lady Volun- Res. 320. child must have an education in music teers for winning. All of Illinois, and The question was taken. especially the residents of the 13th is that music is a part of the fabric of The SPEAKER pro tempore. In the Congressional District, are proud of our society. The intrinsic value of opinion of the Chair, two-thirds being Candace and wish her continued suc- music for each individual is widely rec- in the affirmative, the ayes have it. cess in her endeavors. ognized in the many cultures that I look forward to watching Candace Ms. CLARKE. Mr. Speaker, on that I make up American life. and her teammates defend their title demand the yeas and nays. Music helps shape individual abilities next season, perhaps against a team The yeas and nays were ordered. and character. Success in society is from Illinois. The SPEAKER pro tempore. Pursu- predicated on success in school. Skills Ms. CLARKE. Mr. Speaker, I reserve ant to clause 8 of rule XX and the learned through the discipline of music the balance of my time. Chair’s prior announcement, further transfer to study skills, communica- Mr. WILSON of South Carolina. Mr. proceedings on this question will be tion skills, and the cognitive skills Speaker, I yield 1 minute to the gentle- postponed. useful in every part of the curriculum.

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.050 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4083 Participation in music brings count- that help children pass from school The question was taken; and (two- less benefits to every individual into the world around them, a world of thirds being in the affirmative) the throughout life. The benefits may be work, culture, intellectual activity and rules were suspended and the concur- psychological, spiritual or physical. I human involvement. The future of our rent resolution was agreed to. ask my colleagues to support this reso- Nation depends on providing our chil- A motion to reconsider was laid on lution and support the next generation dren with a complete education that the table. of music lovers. includes music.’’ f Mr. Speaker, I reserve the balance of I urge my colleagues to support my time. House Con. Res. 121 and music edu- GENETIC INFORMATION Mr. WILSON of South Carolina. Mr. cation in our schools. NONDISCRIMINATION ACT OF 2007 Speaker, I yield myself such time as I Mr. Speaker, I yield back the balance Mr. GEORGE MILLER of California. may consume. of my time. Mr. Speaker, I move to suspend the Mr. Speaker, I rise today in support Ms. CLARKE. Mr. Speaker, I am rules and pass the bill (H.R. 493) to pro- of House Concurrent Resolution 121, pleased to yield such time as he may hibit discrimination on the basis of ge- which highlights the benefits and im- consume to the gentleman from Ten- netic information with respect to portance of school-based music edu- nessee (Mr. COOPER), the sponsor of the health insurance and employment, as cation. I would like to thank the gen- resolution. amended. tleman from Tennessee (Mr. COOPER) Mr. COOPER. Mr. Speaker, I thank The Clerk read the title of the bill. and the gentleman from Nevada (Mr. the gentlewoman. The text of the bill is as follows: PORTER) for their leadership on this I thank my colleagues for supporting issue and for introducing this resolu- this effort to highlight the importance H.R. 493 tion we are considering today. of music education in our schools. Be it enacted by the Senate and House of Rep- Research has shown that students’ A lot of folks who have had the privi- resentatives of the United States of America in involvement in their school music pro- lege of a musical education take it for Congress assembled, gram is crucial to a complete edu- granted, but 30 million or more of our SECTION 1. SHORT TITLE; TABLE OF CONTENTS. cation. Musical study develops critical children across this country every day (a) SHORT TITLE.—This Act may be cited as thinking and self-discipline skills and are being deprived of that chance to the ‘‘Genetic Information Nondiscrimination Act of 2007’’. improves a child’s early cognitive de- not only experience the joy of music but, as my colleagues have mentioned, (b) TABLE OF CONTENTS.—The table of con- velopment, basic math and reading tents of this Act is as follows: abilities, self-esteem, SAT scores, abil- the increased enhanced learning abili- ties that music offers, and also the Sec. 1. Short title; table of contents. ity to work in teams, spatial reasoning Sec. 2. Findings. skills, and school attendance. ability of music to deter people from In an analysis by the U.S. Depart- gangs and drugs and other undesirable TITLE I—GENETIC NONDISCRIMINATION IN HEALTH INSURANCE ment of Education, data on more than activities. 25,000 secondary school students, re- Music education is a very important Sec. 101. Amendments to Employee Retire- part of our education. For anyone who ment Income Security Act of searchers found that students who re- 1974. port consistent high levels of involve- has seen the movie ‘‘Mr. Holland’s Sec. 102. Amendments to the Public Health ment in instrumental music over the Opus’’ featuring Richard Dreyfuss, that Service Act. middle and high school years showed was a wonderful film demonstration of Sec. 103. Amendments to the Internal Rev- significantly higher levels of mathe- the importance of music in the lives of enue Code of 1986. matics proficiency by grade 12 regard- that particular high school. But it is Sec. 104. Amendments to title XVIII of the less of a student’s socioeconomic sta- true of every high school and every Social Security Act relating to tus. middle school and every elementary medigap. A 1999 report by the Texas Commis- school across our country. Sec. 105. Privacy and confidentiality. Sec. 106. Assuring coordination. sion on Drug and Alcohol Abuse found Whether it is band or orchestra, or that individuals who participated in whether it is students on their own TITLE II—PROHIBITING EMPLOYMENT band or orchestra reported the lowest learning the guitar or other instru- DISCRIMINATION ON THE BASIS OF GE- NETIC INFORMATION levels of current and lifelong use of to- ments, it is a wonderful way to not bacco, alcohol and illicit drugs. So it is only enjoy life but to enhance your Sec. 201. Definitions. Sec. 202. Employer practices. not surprising that children involved skills. Sec. 203. Employment agency practices. with music education are more likely Mr. Speaker, I represent Nashville, Sec. 204. Labor organization practices. to graduate from high school and at- Tennessee, which is Music City U.S.A. Sec. 205. Training programs. tend college and are less likely to be We have some of the most talented and Sec. 206. Confidentiality of genetic informa- involved with gangs and substance creative musicians on the planet, and tion. abuse. they happen to choose to live in our Sec. 207. Remedies and enforcement. In fact, many colleges and univer- wonderful city. Sec. 208. Disparate impact. sities view participation in the arts You can’t tell it by driving down the Sec. 209. Construction. and music as a valuable experience streets, but there are some 3,000 pri- Sec. 210. Medical information that is not ge- netic information. that broaden students’ understanding vate recording studios in the base- Sec. 211. Regulations. and appreciation of the world around ments and attics of people’s homes as Sec. 212. Authorization of appropriations. them. they put their music and their Sec. 213. Effective date. For these reasons, I support H. Con. thoughts on tape for the pleasure and TITLE III—MISCELLANEOUS PROVISIONS Res. 121. The resolution states it is the enjoyment and the education of the Sec. 301. Guarantee agency collection reten- sense of Congress that music education world. tion. grounded in rigorous instruction is an Mr. Speaker, I appreciate your help Sec. 302. Severability. important component of a well-rounded in allowing this measure to be brought SEC. 2. FINDINGS. academic curriculum, and should be to the floor. It has passed the House on Congress makes the following findings: available to every student in every two previous Congresses. We are hoping (1) Deciphering the sequence of the human school. that this time the Senate will also see genome and other advances in genetics open Music education is important to our fit to do the right thing and pass this major new opportunities for medical children. It can broaden and strengthen legislation. progress. New knowledge about the genetic their education and improve their Ms. CLARKE. Mr. Speaker, I yield basis of illness will allow for earlier detec- lives. I join my colleagues in com- back the balance of my time. tion of illnesses, often before symptoms have mending music educators and organiza- The SPEAKER pro tempore. The begun. Genetic testing can allow individuals question is on the motion offered by to take steps to reduce the likelihood that tions across the country for the key they will contract a particular disorder. New roles they play in helping our students the gentlewoman from New York (Ms. knowledge about genetics may allow for the succeed in school and throughout life. CLARKE) that the House suspend the development of better therapies that are As former President Gerald Ford rules and agree to the concurrent reso- more effective against disease or have fewer said, ‘‘Music education opens the doors lution, H. Con. Res. 121. side effects than current treatments. These

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.053 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4084 CONGRESSIONAL RECORD — HOUSE April 25, 2007 advances give rise to the potential misuse of (1) in paragraph (2)(A), by inserting before tion provided for under this paragraph, in- genetic information to discriminate in the semicolon the following: ‘‘except as pro- cluding a description of the activities con- health insurance and employment. vided in paragraph (3)’’; and ducted. (2) The early science of genetics became (2) by adding at the end the following: ‘‘(E) The plan or issuer complies with such the basis of State laws that provided for the ‘‘(3) NO GROUP-BASED DISCRIMINATION ON other conditions as the Secretary may by sterilization of persons having presumed ge- BASIS OF GENETIC INFORMATION.—For pur- regulation require for activities conducted netic ‘‘defects’’ such as mental retardation, poses of this section, a group health plan, under this paragraph. mental disease, epilepsy, blindness, and and a health insurance issuer offering group ‘‘(d) PROHIBITION ON COLLECTION OF GE- hearing loss, among other conditions. The health insurance coverage in connection NETIC INFORMATION.— first sterilization law was enacted in the with a group health plan, may not adjust ‘‘(1) IN GENERAL.—A group health plan, and State of Indiana in 1907. By 1981, a majority premium or contribution amounts for the a health insurance issuer offering health in- of States adopted sterilization laws to ‘‘cor- group covered under such plan on the basis surance coverage in connection with a group rect’’ apparent genetic traits or tendencies. of genetic information.’’. health plan, shall not request, require, or Many of these State laws have since been re- (b) LIMITATIONS ON GENETIC TESTING; PRO- purchase genetic information for under- pealed, and many have been modified to in- HIBITION ON COLLECTION OF GENETIC INFORMA- writing purposes (as defined in section 733). clude essential constitutional requirements TION; APPLICATION TO ALL PLANS.—Section ‘‘(2) PROHIBITION ON COLLECTION OF GENETIC of due process and equal protection. How- 702 of the Employee Retirement Income Se- INFORMATION PRIOR TO ENROLLMENT.—A group ever, the current explosion in the science of curity Act of 1974 (29 U.S.C. 1182) is amended health plan, and a health insurance issuer of- genetics, and the history of sterilization by adding at the end the following: fering health insurance coverage in connec- laws by the States based on early genetic ‘‘(c) GENETIC TESTING.— tion with a group health plan, shall not re- science, compels Congressional action in this ‘‘(1) LIMITATION ON REQUESTING OR REQUIR- quest, require, or purchase genetic informa- area. ING GENETIC TESTING.—A group health plan, tion with respect to any individual prior to (3) Although genes are facially neutral and a health insurance issuer offering health such individual’s enrollment under the plan markers, many genetic conditions and dis- insurance coverage in connection with a or coverage in connection with such enroll- orders are associated with particular racial group health plan, shall not request or re- ment. quire an individual or a family member of and ethnic groups and gender. Because some ‘‘(3) INCIDENTAL COLLECTION.—If a group genetic traits are most prevalent in par- such individual to undergo a genetic test. health plan, or a health insurance issuer of- ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) ticular groups, members of a particular fering health insurance coverage in connec- shall not be construed to limit the authority group may be stigmatized or discriminated tion with a group health plan, obtains ge- of a health care professional who is providing against as a result of that genetic informa- netic information incidental to the request- health care services to an individual to re- tion. This form of discrimination was evi- ing, requiring, or purchasing of other infor- quest that such individual undergo a genetic dent in the 1970s, which saw the advent of mation concerning any individual, such re- test. programs to screen and identify carriers of quest, requirement, or purchase shall not be ‘‘(3) RULE OF CONSTRUCTION REGARDING PAY- sickle cell anemia, a disease which afflicts considered a violation of paragraph (2) if MENT.— African-Americans. Once again, State legis- such request, requirement, or purchase is not latures began to enact discriminatory laws ‘‘(A) IN GENERAL.—Nothing in paragraph (1) shall be construed to preclude a group health in violation of paragraph (1). in the area, and in the early 1970s began ‘‘(e) APPLICATION TO ALL PLANS.—The pro- plan, or a health insurance issuer offering mandating genetic screening of all African visions of subsections (a)(1)(F), (b)(3), (c), and Americans for sickle cell anemia, leading to health insurance coverage in connection (d), and subsection (b)(1) and section 701 with discrimination and unnecessary fear. To al- with a group health plan, from obtaining and respect to genetic information, shall apply leviate some of this stigma, Congress in 1972 using the results of a genetic test in making to group health plans and health insurance passed the National Sickle Cell Anemia Con- a determination regarding payment (as such issuers without regard to section 732(a).’’. trol Act, which withholds Federal funding term is defined for the purposes of applying (c) APPLICATION TO GENETIC INFORMATION from States unless sickle cell testing is vol- the regulations promulgated by the Sec- OF A FETUS OR EMBRYO.—Such section is fur- untary. retary of Health and Human Services under ther amended by adding at the end the fol- (4) Congress has been informed of examples part C of title XI of the Social Security Act lowing: of genetic discrimination in the workplace. and section 264 of the Health Insurance Port- ‘‘(f) GENETIC INFORMATION OF A FETUS OR These include the use of pre-employment ge- ability and Accountability Act of 1996, as EMBRYO.—Any reference in this part to ge- netic screening at Lawrence Berkeley Lab- may be revised from time to time) consistent netic information concerning an individual oratory, which led to a court decision in with subsection (a). or family member of an individual shall— favor of the employees in that case Norman- ‘‘(B) LIMITATION.—For purposes of subpara- ‘‘(1) with respect to such an individual or Bloodsaw v. Lawrence Berkeley Laboratory graph (A), a group health plan, or a health family member of an individual who is a (135 F.3d 1260, 1269 (9th Cir. 1998)). Congress insurance issuer offering health insurance pregnant woman, include genetic informa- clearly has a compelling public interest in coverage in connection with a group health tion of any fetus carried by such pregnant relieving the fear of discrimination and in plan, may request only the minimum woman; and prohibiting its actual practice in employ- amount of information necessary to accom- ‘‘(2) with respect to an individual or family ment and health insurance. plish the intended purpose. member utilizing an assisted reproductive (5) Federal law addressing genetic dis- ‘‘(4) RESEARCH EXCEPTION.—Notwith- technology, include genetic information of crimination in health insurance and employ- standing paragraph (1), a group health plan, any embryo legally held by the individual or ment is incomplete in both the scope and or a health insurance issuer offering health family member.’’. depth of its protections. Moreover, while insurance coverage in connection with a (d) DEFINITIONS.—Section 733(d) of the Em- many States have enacted some type of ge- group health plan, may request, but not re- ployee Retirement Income Security Act of netic non-discrimination law, these laws quire, that a participant or beneficiary un- 1974 (29 U.S.C. 1191b(d)) is amended by adding vary widely with respect to their approach, dergo a genetic test if each of the following at the end the following: application, and level of protection. Congress conditions is met: ‘‘(5) FAMILY MEMBER.—The term ‘family has collected substantial evidence that the ‘‘(A) The request is made, in writing, pur- member’ means, with respect to an indi- American public and the medical community suant to research that complies with part 46 vidual— find the existing patchwork of State and of title 45, Code of Federal Regulations, or ‘‘(A) a dependent (as such term is used for Federal laws to be confusing and inadequate equivalent Federal regulations, and any ap- purposes of section 701(f)(2)) of such indi- to protect them from discrimination. There- plicable State or local law or regulations for vidual, and fore Federal legislation establishing a na- the protection of human subjects in re- ‘‘(B) any other individual who is a first-de- tional and uniform basic standard is nec- search. gree, second-degree, third-degree, or fourth- essary to fully protect the public from dis- ‘‘(B) The plan or issuer clearly indicates to degree relative of such individual or of an in- crimination and allay their concerns about each participant or beneficiary, or in the dividual described in subparagraph (A). the potential for discrimination, thereby al- case of a minor child, to the legal guardian ‘‘(6) GENETIC INFORMATION.— lowing individuals to take advantage of ge- of such beneficiary, to whom the request is ‘‘(A) IN GENERAL.—The term ‘genetic infor- netic testing, technologies, research, and made that— mation’ means, with respect to any indi- new therapies. ‘‘(i) compliance with the request is vol- vidual, information about— TITLE I—GENETIC NONDISCRIMINATION untary; and ‘‘(i) such individual’s genetic tests, IN HEALTH INSURANCE ‘‘(ii) non-compliance will have no effect on ‘‘(ii) the genetic tests of family members of SEC. 101. AMENDMENTS TO EMPLOYEE RETIRE- enrollment status or premium or contribu- such individual, and MENT INCOME SECURITY ACT OF tion amounts. ‘‘(iii) subject to subparagraph (D), the 1974. ‘‘(C) No genetic information collected or manifestation of a disease or disorder in (a) NO DISCRIMINATION IN GROUP PREMIUMS acquired under this paragraph shall be used family members of such individual. BASED ON GENETIC INFORMATION.—Section for underwriting purposes. ‘‘(B) INCLUSION OF GENETIC SERVICES.—Such 702(b) of the Employee Retirement Income ‘‘(D) The plan or issuer notifies the Sec- term includes, with respect to any indi- Security Act of 1974 (29 U.S.C. 1182(b)) is retary in writing that the plan or issuer is vidual, any request for, or receipt of, genetic amended— conducting activities pursuant to the excep- services (including genetic services received

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.020 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4085 pursuant to participation in clinical re- period’ means, with respect to any failure, 2702(b) of the Public Health Service Act (42 search) by such individual or any family the period— U.S.C. 300gg-1(b)) is amended— member of such individual. ‘‘(I) beginning on the date such failure first (A) in paragraph (2)(A), by inserting before ‘‘(C) EXCLUSIONS.—The term ‘genetic infor- occurs; and the semicolon the following: ‘‘except as pro- mation’ shall not include information about ‘‘(II) ending on the date the failure is cor- vided in paragraph (3)’’; and the sex or age of any individual. rected. (B) by adding at the end the following: ‘‘(D) APPLICATION TO FAMILY MEMBERS COV- ‘‘(C) MINIMUM PENALTIES WHERE FAILURE ‘‘(3) NO GROUP-BASED DISCRIMINATION ON ERED UNDER SAME PLAN.—Information de- DISCOVERED.—Notwithstanding clauses (i) BASIS OF GENETIC INFORMATION.—For pur- scribed in clause (iii) of subparagraph (A) and (ii) of subparagraph (D): poses of this section, a group health plan, shall not be treated as genetic information ‘‘(i) IN GENERAL.—In the case of 1 or more and health insurance issuer offering group to the extent that such information is taken failures with respect to a participant or ben- health insurance coverage in connection into account only with respect to the indi- eficiary— with a group health plan, may not adjust vidual in which such disease or disorder is ‘‘(I) which are not corrected before the premium or contribution amounts for the manifested and not as genetic information date on which the plan receives a notice group covered under such plan on the basis with respect to any other individual. from the Secretary of such violation; and of genetic information.’’. ‘‘(7) GENETIC TEST.— ‘‘(II) which occurred or continued during (2) LIMITATIONS ON GENETIC TESTING; PROHI- ‘‘(A) IN GENERAL.—The term ‘genetic test’ the period involved; BITION ON COLLECTION OF GENETIC INFORMA- means an analysis of human DNA, RNA, the amount of penalty imposed by subpara- TION; APPLICATION TO ALL PLANS.—Section chromosomes, proteins, or metabolites, that graph (A) by reason of such failures with re- 2702 of the Public Health Service Act (42 detects genotypes, mutations, or chromo- spect to such participant or beneficiary shall U.S.C. 300gg–1) is amended by adding at the somal changes. not be less than $2,500. end the following: ‘‘(ii) HIGHER MINIMUM PENALTY WHERE VIO- ‘‘(B) EXCEPTIONS.—The term ‘genetic test’ ‘‘(c) GENETIC TESTING.— LATIONS ARE MORE THAN DE MINIMIS.—To the does not mean— ‘‘(1) LIMITATION ON REQUESTING OR REQUIR- extent violations for which any person is lia- ‘‘(i) an analysis of proteins or metabolites ING GENETIC TESTING.—A group health plan, ble under this paragraph for any year are that does not detect genotypes, mutations, and a health insurance issuer offering health more than de minimis, clause (i) shall be ap- or chromosomal changes; or insurance coverage in connection with a ‘‘(ii) an analysis of proteins or metabolites plied by substituting ‘$15,000’ for ‘$2,500’ with respect to such person. group health plan, shall not request or re- that is directly related to a manifested dis- quire an individual or a family member of ‘‘(D) LIMITATIONS.— ease, disorder, or pathological condition that such individual to undergo a genetic test. ‘‘(i) PENALTY NOT TO APPLY WHERE FAILURE could reasonably be detected by a health ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) care professional with appropriate training NOT DISCOVERED EXERCISING REASONABLE DILI- GENCE.—No penalty shall be imposed by sub- shall not be construed to limit the authority and expertise in the field of medicine in- of a health care professional who is providing volved. paragraph (A) on any failure during any pe- riod for which it is established to the satis- health care services to an individual to re- ‘‘(8) GENETIC SERVICES.—The term ‘genetic faction of the Secretary that the person oth- quest that such individual undergo a genetic services’ means— test. ‘‘(A) a genetic test; erwise liable for such penalty did not know, and exercising reasonable diligence would ‘‘(3) RULE OF CONSTRUCTION REGARDING PAY- ‘‘(B) genetic counseling (including obtain- not have known, that such failure existed. MENT.— ing, interpreting, or assessing genetic infor- ‘‘(ii) PENALTY NOT TO APPLY TO FAILURES ‘‘(A) IN GENERAL.—Nothing in paragraph (1) mation); or CORRECTED WITHIN CERTAIN PERIODS.—No pen- shall be construed to preclude a group health ‘‘(C) genetic education. alty shall be imposed by subparagraph (A) on plan, or a health insurance issuer offering ‘‘(9) UNDERWRITING PURPOSES.—The term any failure if— health insurance coverage in connection ‘underwriting purposes’ means, with respect ‘‘(I) such failure was due to reasonable with a group health plan, from obtaining and to any group health plan, or health insur- cause and not to willful neglect; and using the results of a genetic test in making ance coverage offered in connection with a ‘‘(II) such failure is corrected during the a determination regarding payment (as such group health plan— 30-day period beginning on the first date the term is defined for the purposes of applying ‘‘(A) rules for, or determination of, eligi- person otherwise liable for such penalty the regulations promulgated by the Sec- bility (including enrollment and continued knew, or exercising reasonable diligence retary under part C of title XI of the Social eligibility) for benefits under the plan or would have known, that such failure existed. Security Act and section 264 of the Health coverage; ‘‘(iii) OVERALL LIMITATION FOR UNINTEN- Insurance Portability and Accountability ‘‘(B) the computation of premium or con- TIONAL FAILURES.—In the case of failures Act of 1996, as may be revised from time to tribution amounts under the plan or cov- which are due to reasonable cause and not to time) consistent with subsection (a). erage; willful neglect, the penalty imposed by sub- ‘‘(B) LIMITATION.—For purposes of subpara- ‘‘(C) the application of any pre-existing paragraph (A) for failures shall not exceed graph (A), a group health plan, or a health condition exclusion under the plan or cov- the amount equal to the lesser of— insurance issuer offering health insurance erage; and ‘‘(I) 10 percent of the aggregate amount coverage in connection with a group health ‘‘(D) other activities related to the cre- paid or incurred by the plan sponsor (or pred- plan, may request only the minimum ation, renewal, or replacement of a contract ecessor plan sponsor) during the preceding amount of information necessary to accom- of health insurance or health benefits.’’. taxable year for group health plans; or plish the intended purpose. (e) ERISA ENFORCEMENT.—Section 502 of ‘‘(II) $500,000. ‘‘(4) RESEARCH EXCEPTION.—Notwith- the Employee Retirement Income Security ‘‘(E) WAIVER BY SECRETARY.—In the case of standing paragraph (1), a group health plan, Act of 1974 (29 U.S.C. 1132) is amended— a failure which is due to reasonable cause or a health insurance issuer offering health (1) in subsection (a)(6), by striking ‘‘(7), or and not to willful neglect, the Secretary may insurance coverage in connection with a (8)’’ and inserting ‘‘(7), (8), or (9)’’; and waive part or all of the penalty imposed by group health plan, may request, but not re- (2) in subsection (c), by redesignating para- subparagraph (A) to the extent that the pay- quire, that a participant or beneficiary un- graph (9) as paragraph (10), and by inserting ment of such penalty would be excessive rel- dergo a genetic test if each of the following after paragraph (8) the following new para- ative to the failure involved. conditions is met: graph: ‘‘(F) DEFINITIONS.—Terms used in this ‘‘(A) The request is made pursuant to re- ‘‘(9) SECRETARIAL ENFORCEMENT AUTHORITY paragraph which are defined in section 733 search that complies with part 46 of title 45, RELATING TO USE OF GENETIC INFORMATION.— shall have the meanings provided such terms Code of Federal Regulations, or equivalent ‘‘(A) GENERAL RULE.—The Secretary may in such section.’’. Federal regulations, and any applicable impose a penalty against any plan sponsor of (f) REGULATIONS AND EFFECTIVE DATE.— State or local law or regulations for the pro- a group health plan, or any health insurance (1) REGULATIONS.—The Secretary of Labor tection of human subjects in research. issuer offering health insurance coverage in shall issue final regulations not later than 1 ‘‘(B) The plan or issuer clearly indicates to connection with the plan, for any failure by year after the date of enactment of this Act each participant or beneficiary, or in the such sponsor or issuer to meet the require- to carry out the amendments made by this case of a minor child, to the legal guardian ments of subsection (a)(1)(F), (b)(3), (c), or (d) section. of such beneficiary, to whom the request is of section 702 or section 701 or 702(b)(1) with (2) EFFECTIVE DATE.—The amendments made that— respect to genetic information, in connec- made by this section shall apply with respect ‘‘(i) compliance with the request is vol- tion with the plan. to group health plans for plan years begin- untary; and ‘‘(B) AMOUNT.— ning after the date that is 18 months after ‘‘(ii) non-compliance will have no effect on ‘‘(i) IN GENERAL.—The amount of the pen- the date of enactment of this Act. enrollment status or premium or contribu- alty imposed by subparagraph (A) shall be SEC. 102. AMENDMENTS TO THE PUBLIC HEALTH tion amounts. $100 for each day in the noncompliance pe- SERVICE ACT. ‘‘(C) No genetic information collected or riod with respect to each participant or ben- (a) AMENDMENTS RELATING TO THE GROUP acquired under this paragraph shall be used eficiary to whom such failure relates. MARKET.— for underwriting purposes. ‘‘(ii) NONCOMPLIANCE PERIOD.—For purposes (1) NO DISCRIMINATION IN GROUP PREMIUMS ‘‘(D) The plan or issuer notifies the Sec- of this paragraph, the term ‘noncompliance BASED ON GENETIC INFORMATION.—Section retary in writing that the plan or issuer is

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.020 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4086 CONGRESSIONAL RECORD — HOUSE April 25, 2007 conducting activities pursuant to the excep- services (including genetic services received ‘‘(I) beginning on the date such failure first tion provided for under this paragraph, in- pursuant to participation in clinical re- occurs; and cluding a description of the activities con- search) by such individual or any family ‘‘(II) ending on the date the failure is cor- ducted. member of such individual. rected. ‘‘(E) The plan or issuer complies with such ‘‘(C) EXCLUSIONS.—The term ‘genetic infor- ‘‘(C) MINIMUM PENALTIES WHERE FAILURE other conditions as the Secretary may by mation’ shall not include information about DISCOVERED.—Notwithstanding clauses (i) regulation require for activities conducted the sex or age of any individual. and (ii) of subparagraph (D): under this paragraph. ‘‘(D) APPLICATION TO FAMILY MEMBERS COV- ‘‘(i) IN GENERAL.—In the case of 1 or more ‘‘(d) PROHIBITION ON COLLECTION OF GE- ERED UNDER SAME PLAN.—Information de- failures with respect to an individual— NETIC INFORMATION.— scribed in clause (iii) of subparagraph (A) ‘‘(I) which are not corrected before the ‘‘(1) IN GENERAL.—A group health plan, and shall not be treated as genetic information date on which the plan receives a notice a health insurance issuer offering health in- to the extent that such information is taken from the Secretary of such violation; and surance coverage in connection with a group into account only with respect to the indi- ‘‘(II) which occurred or continued during health plan, shall not request, require, or vidual in which such disease or disorder is the period involved; purchase genetic information for under- manifested and not as genetic information the amount of penalty imposed by subpara- writing purposes (as defined in section 2791). with respect to any other individual. graph (A) by reason of such failures with re- ‘‘(2) PROHIBITION ON COLLECTION OF GENETIC ‘‘(17) GENETIC TEST.— spect to such individual shall not be less INFORMATION PRIOR TO ENROLLMENT.—A group ‘‘(A) IN GENERAL.—The term ‘genetic test’ health plan, and a health insurance issuer of- means an analysis of human DNA, RNA, than $2,500. fering health insurance coverage in connec- chromosomes, proteins, or metabolites, that ‘‘(ii) HIGHER MINIMUM PENALTY WHERE VIO- tion with a group health plan, shall not re- detects genotypes, mutations, or chromo- LATIONS ARE MORE THAN DE MINIMIS.—To the quest, require, or purchase genetic informa- somal changes. extent violations for which any person is lia- tion with respect to any individual prior to ‘‘(B) EXCEPTIONS.—The term ‘genetic test’ ble under this paragraph for any year are such individual’s enrollment under the plan does not mean— more than de minimis, clause (i) shall be ap- or coverage in connection with such enroll- ‘‘(i) an analysis of proteins or metabolites plied by substituting ‘$15,000’ for ‘$2,500’ with ment. that does not detect genotypes, mutations, respect to such person. ‘‘(3) INCIDENTAL COLLECTION.—If a group or chromosomal changes; or ‘‘(D) LIMITATIONS.— health plan, or a health insurance issuer of- ‘‘(ii) an analysis of proteins or metabolites ‘‘(i) PENALTY NOT TO APPLY WHERE FAILURE fering health insurance coverage in connec- that is directly related to a manifested dis- NOT DISCOVERED EXERCISING REASONABLE DILI- tion with a group health plan, obtains ge- ease, disorder, or pathological condition that GENCE.—No penalty shall be imposed by sub- netic information incidental to the request- could reasonably be detected by a health paragraph (A) on any failure during any pe- ing, requiring, or purchasing of other infor- care professional with appropriate training riod for which it is established to the satis- mation concerning any individual, such re- and expertise in the field of medicine in- faction of the Secretary that the person oth- quest, requirement, or purchase shall not be volved. erwise liable for such penalty did not know, considered a violation of paragraph (2) if ‘‘(18) GENETIC SERVICES.—The term ‘genetic and exercising reasonable diligence would such request, requirement, or purchase is not services’ means— not have known, that such failure existed. in violation of paragraph (1). ‘‘(A) a genetic test; ‘‘(ii) PENALTY NOT TO APPLY TO FAILURES ‘‘(e) APPLICATION TO ALL PLANS.—The pro- ‘‘(B) genetic counseling (including obtain- CORRECTED WITHIN CERTAIN PERIODS.—No pen- visions of subsections (a)(1)(F), (b)(3), (c) , ing, interpreting, or assessing genetic infor- alty shall be imposed by subparagraph (A) on and (d) and subsection (b)(1) and section 2701 mation); or any failure if— with respect to genetic information, shall ‘‘(C) genetic education. ‘‘(I) such failure was due to reasonable apply to group health plans and health insur- ‘‘(19) UNDERWRITING PURPOSES.—The term cause and not to willful neglect; and ance issuers without regard to section ‘underwriting purposes’ means, with respect ‘‘(II) such failure is corrected during the 2721(a).’’. to any group health plan, or health insur- 30-day period beginning on the first date the (3) APPLICATION TO GENETIC INFORMATION OF ance coverage offered in connection with a person otherwise liable for such penalty A FETUS OR EMBRYO.—Such section is further group health plan— knew, or exercising reasonable diligence amended by adding at the end the following: ‘‘(A) rules for, or determination of, eligi- would have known, that such failure existed. ‘‘(f) GENETIC INFORMATION OF A FETUS OR bility (including enrollment and continued ‘‘(iii) OVERALL LIMITATION FOR UNINTEN- EMBRYO.—Any reference in this part to ge- eligibility) for benefits under the plan or TIONAL FAILURES.—In the case of failures netic information concerning an individual coverage; or family member of an individual shall— ‘‘(B) the computation of premium or con- which are due to reasonable cause and not to ‘‘(1) with respect to such an individual or tribution amounts under the plan or cov- willful neglect, the penalty imposed by sub- family member of an individual who is a erage; paragraph (A) for failures shall not exceed pregnant woman, include genetic informa- ‘‘(C) the application of any pre-existing the amount equal to the lesser of— tion of any fetus carried by such pregnant condition exclusion under the plan or cov- ‘‘(I) 10 percent of the aggregate amount woman; and erage; and paid or incurred by the employer (or prede- ‘‘(2) with respect to an individual or family ‘‘(D) other activities related to the cre- cessor employer) during the preceding tax- member utilizing an assisted reproductive ation, renewal, or replacement of a contract able year for group health plans; or technology, include genetic information of of health insurance or health benefits.’’. ‘‘(II) $500,000. any embryo legally held by the individual or (5) REMEDIES AND ENFORCEMENT.—Section ‘‘(E) WAIVER BY SECRETARY.—In the case of family member.’’. 2722(b) of the Public Health Service Act (42 a failure which is due to reasonable cause (4) DEFINITIONS.—Section 2791(d) of the U.S.C. 300gg–22(b)) is amended by adding at and not to willful neglect, the Secretary may Public Health Service Act (42 U.S.C. 300gg– the end the following: waive part or all of the penalty imposed by 91(d)) is amended by adding at the end the ‘‘(3) ENFORCEMENT AUTHORITY RELATING TO subparagraph (A) to the extent that the pay- following: GENETIC DISCRIMINATION.— ment of such penalty would be excessive rel- ‘‘(15) FAMILY MEMBER.—The term ‘family ‘‘(A) GENERAL RULE.—In the cases de- ative to the failure involved.’’. member’ means, with respect to any indi- scribed in paragraph (1), notwithstanding the (b) AMENDMENT RELATING TO THE INDI- vidual— provisions of paragraph (2)(C), the suc- VIDUAL MARKET.— ‘‘(A) a dependent (as such term is used for ceeding subparagraphs of this paragraph (1) IN GENERAL.—The first subpart 3 of part purposes of section 2701(f)(2)) of such indi- shall apply with respect to an action under B of title XXVII of the Public Health Service vidual; and this subsection by the Secretary with re- Act (42 U.S.C. 300gg–51 et seq.) (relating to ‘‘(B) any other individual who is a first-de- spect to any failure of a health insurance other requirements) is amended— gree, second-degree, third-degree, or fourth- issuer in connection with a group health (A) by redesignating such subpart as sub- degree relative of such individual or of an in- plan, to meet the requirements of subsection part 2; and dividual described in subparagraph (A). (a)(1)(F), (b)(3), (c), or (d) of section 2702 or (B) by adding at the end the following: ‘‘(16) GENETIC INFORMATION.— section 2701 or 2702(b)(1) with respect to ge- ‘‘(A) IN GENERAL.—The term ‘genetic infor- netic information in connection with the ‘‘SEC. 2753. PROHIBITION OF HEALTH DISCRIMI- mation’ means, with respect to any indi- plan. NATION ON THE BASIS OF GENETIC vidual, information about— ‘‘(B) AMOUNT.— INFORMATION. ‘‘(i) such individual’s genetic tests, ‘‘(i) IN GENERAL.—The amount of the pen- ‘‘(a) PROHIBITION ON GENETIC INFORMATION ‘‘(ii) the genetic tests of family members of alty imposed under this paragraph shall be AS A CONDITION OF ELIGIBILITY.—A health in- such individual, and $100 for each day in the noncompliance pe- surance issuer offering health insurance cov- ‘‘(iii) subject to subparagraph (D), the riod with respect to each participant or ben- manifestation of a disease or disorder in eficiary to whom such failure relates. erage in the individual market may not es- family members of such individual. ‘‘(ii) NONCOMPLIANCE PERIOD.—For purposes tablish rules for the eligibility (including ‘‘(B) INCLUSION OF GENETIC SERVICES.—Such of this paragraph, the term ‘noncompliance continued eligibility) of any individual to term includes, with respect to any indi- period’ means, with respect to any failure, enroll in individual health insurance cov- vidual, any request for, or receipt of, genetic the period— erage based on genetic information.

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‘‘(b) PROHIBITION ON GENETIC INFORMATION ‘‘(1) IN GENERAL.—A health insurance (B) with respect to health insurance cov- IN SETTING PREMIUM RATES.—A health insur- issuer offering health insurance coverage in erage offered, sold, issued, renewed, in effect, ance issuer offering health insurance cov- the individual market shall not request, re- or operated in the individual market after erage in the individual market shall not ad- quire, or purchase genetic information for the date that is 18 months after the date of just premium or contribution amounts for an underwriting purposes (as defined in section enactment of this Act. individual on the basis of genetic informa- 2791). SEC. 103. AMENDMENTS TO THE INTERNAL REV- tion concerning the individual or a family ‘‘(2) PROHIBITION ON COLLECTION OF GENETIC ENUE CODE OF 1986. member of the individual. INFORMATION PRIOR TO ENROLLMENT.—A (a) NO DISCRIMINATION IN GROUP PREMIUMS ‘‘(c) PROHIBITION ON GENETIC INFORMATION health insurance issuer offering health insur- BASED ON GENETIC INFORMATION.—Subsection AS PREEXISTING CONDITION.—A health insur- ance coverage in the individual market shall (b) of section 9802 of the Internal Revenue ance issuer offering health insurance cov- not request, require, or purchase genetic in- Code of 1986 is amended— erage in the individual market may not, on formation with respect to any individual (1) in paragraph (2)(A), by inserting before the basis of genetic information, impose any prior to such individual’s enrollment under the semicolon the following: ‘‘except as pro- preexisting condition exclusion (as defined in the plan in connection with such enrollment. vided in paragraph (3)’’; and section 2701(b)(1)(A)) with respect to such ‘‘(3) INCIDENTAL COLLECTION.—If a health (2) by adding at the end the following: coverage. insurance issuer offering health insurance ‘‘(3) NO GROUP-BASED DISCRIMINATION ON ‘‘(d) GENETIC TESTING.— coverage in the individual market obtains BASIS OF GENETIC INFORMATION.—For pur- ‘‘(1) LIMITATION ON REQUESTING OR REQUIR- genetic information incidental to the re- poses of this section, a group health plan ING GENETIC TESTING.—A health insurance questing, requiring, or purchasing of other may not adjust premium or contribution issuer offering health insurance coverage in information concerning any individual, such amounts for the group covered under such the individual market shall not request or request, requirement, or purchase shall not plan on the basis of genetic information.’’. require an individual or a family member of be considered a violation of paragraph (2) if (b) LIMITATIONS ON GENETIC TESTING; PRO- such individual to undergo a genetic test. such request, requirement, or purchase is not HIBITION ON COLLECTION OF GENETIC INFORMA- ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) in violation of paragraph (1). TION; APPLICATION TO ALL PLANS.—Section shall not be construed to limit the authority ‘‘(f) GENETIC INFORMATION OF A FETUS OR 9802 of such Code is amended by redesig- of a health care professional who is providing EMBRYO.—Any reference in this part to ge- nating subsection (c) as subsection (f) and by health care services to an individual to re- netic information concerning an individual inserting after subsection (b) the following quest that such individual undergo a genetic or family member of an individual shall— new subsections: ‘‘(1) with respect to such an individual or test. ‘‘(c) GENETIC TESTING.— family member of an individual who is a ‘‘(3) RULE OF CONSTRUCTION REGARDING PAY- ‘‘(1) LIMITATION ON REQUESTING OR REQUIR- pregnant woman, include genetic informa- MENT.— ING GENETIC TESTING.—A group health plan tion of any fetus carried by such pregnant ‘‘(A) IN GENERAL.—Nothing in paragraph (1) may not request or require an individual or shall be construed to preclude a health insur- woman; and a family member of such individual to under- ance issuer offering health insurance cov- ‘‘(2) with respect to an individual or family go a genetic test. member utilizing an assisted reproductive erage in the individual market from obtain- ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) ing and using the results of a genetic test in technology, include genetic information of shall not be construed to limit the authority making a determination regarding payment any embryo legally held by the individual or of a health care professional who is providing (as such term is defined for the purposes of family member.’’. health care services to an individual to re- applying the regulations promulgated by the (2) REMEDIES AND ENFORCEMENT.—Section quest that such individual undergo a genetic Secretary under part C of title XI of the So- 2761(b) of the Public Health Service Act (42 test. U.S.C. 300gg–61(b)) is amended to read as fol- cial Security Act and section 264 of the ‘‘(3) RULE OF CONSTRUCTION REGARDING PAY- lows: Health Insurance Portability and Account- MENT.— ‘‘(b) SECRETARIAL ENFORCEMENT AUTHOR- ability Act of 1996, as may be revised from ‘‘(A) IN GENERAL.—Nothing in paragraph (1) ITY.—The Secretary shall have the same au- time to time) consistent with subsection (a) thority in relation to enforcement of the shall be construed to preclude a group health and (c). provisions of this part with respect to issuers plan from obtaining and using the results of ‘‘(B) LIMITATION.—For purposes of subpara- of health insurance coverage in the indi- a genetic test in making a determination re- graph (A), a health insurance issuer offering vidual market in a State as the Secretary garding payment (as such term is defined for health insurance coverage in the individual has under section 2722(b)(2), and section the purposes of applying the regulations pro- market may request only the minimum 2722(b)(3) with respect to violations of ge- mulgated by the Secretary of Health and amount of information necessary to accom- netic nondiscrimination provisions, in rela- Human Services under part C of title XI of plish the intended purpose. tion to the enforcement of the provisions of the Social Security Act and section 264 of ‘‘(4) RESEARCH EXCEPTION.—Notwith- part A with respect to issuers of health in- the Health Insurance Portability and Ac- standing paragraph (1), a health insurance surance coverage in the small group market countability Act of 1996, as may be revised issuer offering health insurance coverage in in the State.’’. from time to time) consistent with sub- the individual market may request, but not (c) ELIMINATION OF OPTION OF NON-FEDERAL section (a). require, that an individual or a family mem- GOVERNMENTAL PLANS TO BE EXCEPTED FROM ‘‘(B) LIMITATION.—For purposes of subpara- ber of such individual undergo a genetic test REQUIREMENTS CONCERNING GENETIC INFOR- graph (A), a group health plan may request if each of the following conditions is met: MATION.—Section 2721(b)(2) of the Public only the minimum amount of information ‘‘(A) The request is made pursuant to re- Health Service Act (42 U.S.C. 300gg–21(b)(2)) necessary to accomplish the intended pur- search that complies with part 46 of title 45, is amended— pose. Code of Federal Regulations, or equivalent (1) in subparagraph (A), by striking ‘‘If the ‘‘(4) RESEARCH EXCEPTION.—Notwith- Federal regulations, and any applicable plan sponsor’’ and inserting ‘‘Except as pro- standing paragraph (1), a group health plan State or local law or regulations for the pro- vided in subparagraph (D), if the plan spon- may request, but not require, that a partici- tection of human subjects in research. sor’’; and pant or beneficiary undergo a genetic test if ‘‘(B) The issuer clearly indicates to each (2) by adding at the end the following: each of the following conditions is met: individual, or in the case of a minor child, to ‘‘(D) ELECTION NOT APPLICABLE TO REQUIRE- ‘‘(A) The request is made pursuant to re- the legal guardian of such child, to whom the MENTS CONCERNING GENETIC INFORMATION.— search that complies with part 46 of title 45, request is made that— The election described in subparagraph (A) Code of Federal Regulations, or equivalent ‘‘(i) compliance with the request is vol- shall not be available with respect to the Federal regulations, and any applicable untary; and provisions of subsections (a)(1)(F), (b)(3), (c), State or local law or regulations for the pro- ‘‘(ii) non-compliance will have no effect on and (d) of section 2702 and the provisions of tection of human subjects in research. enrollment status or premium or contribu- sections 2701 and 2702(b) to the extent that ‘‘(B) The plan clearly indicates to each par- tion amounts. such provisions apply to genetic informa- ticipant or beneficiary, or in the case of a ‘‘(C) No genetic information collected or tion.’’. minor child, to the legal guardian of such acquired under this paragraph shall be used (d) REGULATIONS AND EFFECTIVE DATE.— beneficiary, to whom the request is made for underwriting purposes. (1) REGULATIONS.—Not later than 1 year that— ‘‘(D) The issuer notifies the Secretary in after the date of enactment of this Act, the ‘‘(i) compliance with the request is vol- writing that the issuer is conducting activi- Secretary of Health and Human Services untary; and ties pursuant to the exception provided for shall issue final regulations to carry out the ‘‘(ii) non-compliance will have no effect on under this paragraph, including a description amendments made by this section. enrollment status or premium or contribu- of the activities conducted. (2) EFFECTIVE DATE.—The amendments tion amounts. ‘‘(E) The issuer complies with such other made by this section shall apply— ‘‘(C) No genetic information collected or conditions as the Secretary may by regula- (A) with respect to group health plans, and acquired under this paragraph shall be used tion require for activities conducted under health insurance coverage offered in connec- for underwriting purposes. this paragraph. tion with group health plans, for plan years ‘‘(D) The plan notifies the Secretary in ‘‘(e) PROHIBITION ON COLLECTION OF GENETIC beginning after the date that is 18 months writing that the plan is conducting activities INFORMATION.— after the date of enactment of this Act; and pursuant to the exception provided for under

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.020 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4088 CONGRESSIONAL RECORD — HOUSE April 25, 2007 this paragraph, including a description of the scribed in clause (iii) of subparagraph (A) benefits under the policy based on a pre-ex- activities conducted. shall not be treated as genetic information isting condition) and shall not discriminate ‘‘(E) The plan complies with such other to the extent that such information is taken in the pricing of the policy (including the ad- conditions as the Secretary may by regula- into account only with respect to the indi- justment of premium rates) of an individual tion require for activities conducted under vidual in which such disease or disorder is on the basis of the genetic information with this paragraph. manifested and not as genetic information respect to such individual.’’. ‘‘(d) PROHIBITION ON COLLECTION OF GE- with respect to any other individual. (b) LIMITATIONS ON GENETIC TESTING AND NETIC INFORMATION.— ‘‘(8) GENETIC TEST.— GENETIC INFORMATION.— ‘‘(1) IN GENERAL.—A group health plan ‘‘(A) IN GENERAL.—The term ‘genetic test’ (1) IN GENERAL.—Section 1882 of the Social shall not request, require, or purchase ge- means an analysis of human DNA, RNA, Security Act (42 U.S.C. 1395ss) is amended by netic information for underwriting purposes chromosomes, proteins, or metabolites, that adding at the end the following: (as defined in section 9832). detects genotypes, mutations, or chromo- ‘‘(x) LIMITATIONS ON GENETIC TESTING AND ‘‘(2) PROHIBITION ON COLLECTION OF GENETIC somal changes. INFORMATION.— ENETIC TESTING INFORMATION PRIOR TO ENROLLMENT.—A group ‘‘(B) EXCEPTIONS.—The term ‘genetic test’ ‘‘(1) G .— health plan shall not request, require, or does not mean— ‘‘(A) LIMITATION ON REQUESTING OR REQUIR- purchase genetic information with respect to ‘‘(i) an analysis of proteins or metabolites ING GENETIC TESTING.—An issuer of a medi- any individual prior to such individual’s en- that does not detect genotypes, mutations, care supplemental policy shall not request or rollment under the plan or in connection or chromosomal changes, or require an individual or a family member of with such enrollment. ‘‘(ii) an analysis of proteins or metabolites such individual to undergo a genetic test. ‘‘(B) RULE OF CONSTRUCTION.—Subpara- ‘‘(3) INCIDENTAL COLLECTION.—If a group that is directly related to a manifested dis- graph (A) shall not be construed to limit the health plan obtains genetic information inci- ease, disorder, or pathological condition that authority of a health care professional who dental to the requesting, requiring, or pur- could reasonably be detected by a health is providing health care services to an indi- chasing of other information concerning any care professional with appropriate training vidual to request that such individual under- individual, such request, requirement, or and expertise in the field of medicine in- go a genetic test. purchase shall not be considered a violation volved. ‘‘(C) RULE OF CONSTRUCTION REGARDING of paragraph (2) if such request, requirement, ‘‘(9) GENETIC SERVICES.—The term ‘genetic PAYMENT.— or purchase is not in violation of paragraph services’ means— ‘‘(i) IN GENERAL.—Nothing in subparagraph (1). ‘‘(A) a genetic test; ‘‘(e) APPLICATION TO ALL PLANS.—The pro- (A) shall be construed to preclude an issuer ‘‘(B) genetic counseling (including obtain- of a medicare supplemental policy from ob- visions of subsections (a)(1)(F), (b)(3), (c), and ing, interpreting, or assessing genetic infor- (d) and subsection (b)(1) and section 9801 with taining and using the results of a genetic mation); or test in making a determination regarding respect to genetic information, shall apply ‘‘(C) genetic education. to group health plans without regard to sec- payment (as such term is defined for the pur- ‘‘(10) UNDERWRITING PURPOSES.—The term poses of applying the regulations promul- tion 9831(a)(2).’’. ‘underwriting purposes’ means, with respect PPLICATION TO GENETIC INFORMATION gated by the Secretary under part C of title (c) A to any group health plan ,or health insur- OF A FETUS OR EMBRYO.—Such section is fur- XI and section 264 of the Health Insurance ance coverage offered in connection with a ther amended by adding at the end the fol- Portability and Accountability Act of 1996, group health plan— lowing: as may be revised from time to time) con- ‘‘(A) rules for, or determination of, eligi- ‘‘(f) GENETIC INFORMATION OF A FETUS OR sistent with subsection (s)(2)(E). bility (including enrollment and continued EMBRYO.—Any reference in this chapter to ‘‘(ii) LIMITATION.—For purposes of clause genetic information concerning an indi- eligibility) for benefits under the plan or (i), an issuer of a medicare supplemental pol- vidual or family member of an individual coverage; icy may request only the minimum amount shall— ‘‘(B) the computation of premium or con- of information necessary to accomplish the ‘‘(1) with respect to such an individual or tribution amounts under the plan or cov- intended purpose. family member of an individual who is a erage; ‘‘(D) RESEARCH EXCEPTION.—Notwith- pregnant woman, include genetic informa- ‘‘(C) the application of any pre-existing standing subparagraph (A), an issuer of a tion of any fetus carried by such pregnant condition exclusion under the plan or cov- medicare supplemental policy may request, woman; and erage; and but not require, that an individual or a fam- ‘‘(2) with respect to an individual or family ‘‘(D) other activities related to the cre- ily member of such individual undergo a ge- member utilizing an assisted reproductive ation, renewal, or replacement of a contract netic test if each of the following conditions technology, include genetic information of of health insurance or health benefits.’’. is met: any embryo legally held by the individual or (e) ENFORCEMENT.— ‘‘(i) The request is made pursuant to re- family member.’’. (1) IN GENERAL.—Subchapter C of chapter search that complies with part 46 of title 45, (d) DEFINITIONS.—Subsection (d) of section 100 of the Internal Revenue Code of 1986 (re- Code of Federal Regulations, or equivalent 9832 of such Code is amended by adding at lating to general provisions) is amended by Federal regulations, and any applicable the end the following: adding at the end the following new section: State or local law or regulations for the pro- ‘‘(6) FAMILY MEMBER.—The term ‘family ‘‘SEC. 9834. ENFORCEMENT. tection of human subjects in research. member’ means, with respect to any indi- ‘‘For the imposition of tax on any failure ‘‘(ii) The issuer clearly indicates to each vidual— of a group health plan to meet the require- individual, or in the case of a minor child, to ‘‘(A) a dependent (as such term is used for ments of this chapter, see section 4980D.’’. the legal guardian of such child, to whom the purposes of section 9801(f)(2)) of such indi- (2) CONFORMING AMENDMENT.—The table of request is made that— vidual, and sections for subchapter C of chapter 100 of ‘‘(I) compliance with the request is vol- ‘‘(B) any other individual who is a first-de- such Code is amended by adding at the end untary; and gree, second-degree, third-degree, or fourth- the following new item: ‘‘(II) non-compliance will have no effect on degree relative of such individual or of an in- ‘‘Sec. 9834. Enforcement.’’. enrollment status or premium or contribu- dividual described in subparagraph (A). (f) REGULATIONS AND EFFECTIVE DATE.— tion amounts. ‘‘(7) GENETIC INFORMATION.— (1) REGULATIONS.—The Secretary of the ‘‘(iii) No genetic information collected or ‘‘(A) IN GENERAL.—The term ‘genetic infor- Treasury shall issue final regulations or acquired under this subparagraph shall be mation’ means, with respect to any indi- other guidance not later than 1 year after used for underwriting, determination of eli- vidual, information about— the date of the enactment of this Act to gibility to enroll or maintain enrollment ‘‘(i) such individual’s genetic tests, carry out the amendments made by this sec- status, premium rating, or the creation, re- ‘‘(ii) the genetic tests of family members of tion. newal, or replacement of a plan, contract, or such individual, and (2) EFFECTIVE DATE.—The amendments coverage for health insurance or health bene- ‘‘(iii) subject to subparagraph (D), the made by this section shall apply with respect fits. manifestation of a disease or disorder in to group health plans for plan years begin- ‘‘(iv) The issuer notifies the Secretary in family members of such individual. ning after the date that is 18 months after writing that the issuer is conducting activi- ‘‘(B) INCLUSION OF GENETIC SERVICES.—Such the date of the enactment of this Act. ties pursuant to the exception provided for term includes, with respect to any indi- SEC. 104. AMENDMENTS TO TITLE XVIII OF THE under this subparagraph, including a descrip- vidual, any request for, or receipt of, genetic SOCIAL SECURITY ACT RELATING TO tion of the activities conducted. services (including genetic services received MEDIGAP. ‘‘(v) The issuer complies with such other pursuant to participation in clinical re- (a) NONDISCRIMINATION.—Section 1882(s)(2) conditions as the Secretary may by regula- search) by such individual or any family of the Social Security Act (42 U.S.C. tion require for activities conducted under member of such individual. 1395ss(s)(2)) is amended by adding at the end this subparagraph. ‘‘(C) EXCLUSIONS.—The term ‘genetic infor- the following: ‘‘(2) PROHIBITION ON COLLECTION OF GENETIC mation’ shall not include information about ‘‘(E) An issuer of a medicare supplemental INFORMATION.— the sex or age of any individual. policy shall not deny or condition the ‘‘(A) IN GENERAL.—An issuer of a medicare ‘‘(D) APPLICATION TO FAMILY MEMBERS COV- issuance or effectiveness of the policy (in- supplemental policy shall not request, re- ERED UNDER SAME PLAN.—Information de- cluding the imposition of any exclusion of quire, or purchase genetic information for

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underwriting purposes (as defined in para- (2) APPLICATION TO GENETIC INFORMATION OF ning after the close of the first legislative graph (3)). A FETUS OR EMBRYO.—Section 1882(x) of such session of the State legislature that begins ‘‘(B) PROHIBITION ON COLLECTION OF GENETIC Act, as added by paragraph (1), is further on or after July 1, 2008. For purposes of the INFORMATION PRIOR TO ENROLLMENT.—An amended by adding at the end the following: previous sentence, in the case of a State that issuer of a medicare supplemental policy ‘‘(4) GENETIC INFORMATION OF A FETUS OR has a 2-year legislative session, each year of shall not request, require, or purchase ge- EMBRYO.—Any reference in this section to ge- such session shall be deemed to be a separate netic information with respect to any indi- netic information concerning an individual regular session of the State legislature. vidual prior to such individual’s enrollment or family member of an individual shall— SEC. 105. PRIVACY AND CONFIDENTIALITY. under the policy in connection with such en- ‘‘(A) with respect to such an individual or (a) IN GENERAL.—Part C of title XI of the rollment. family member of an individual who is a Social Security Act is amended by adding at ‘‘(C) INCIDENTAL COLLECTION.—If an issuer pregnant woman, include genetic informa- the end the following new section: of a medicare supplemental policy obtains tion of any fetus carried by such pregnant ‘‘APPLICATION OF HIPAA REGULATIONS TO genetic information incidental to the re- woman; and GENETIC INFORMATION questing, requiring, or purchasing of other ‘‘(B) with respect to an individual or fam- ‘‘SEC. 1180. (a) IN GENERAL.—The Secretary information concerning any individual, such ily member utilizing an assisted reproduc- shall revise the HIPAA privacy regulation request, requirement, or purchase shall not tive technology, include genetic information (as defined in subsection (b)) so it is con- be considered a violation of subparagraph (B) of any embryo legally held by the individual sistent with the following: if such request, requirement, or purchase is or family member.’’. ‘‘(1) Genetic information shall be treated not in violation of subparagraph (A). (3) CONFORMING AMENDMENT.—Section as health information described in section ‘‘(3) DEFINITIONS.—In this subsection: 1882(o) of the Social Security Act (42 U.S.C. 1171(4)(B). ‘‘(A) FAMILY MEMBER.—The term ‘family 1395ss(o)) is amended by adding at the end ‘‘(2) The use or disclosure by a covered en- member’ means with respect to an indi- the following: tity that is a group health plan, health in- vidual, any other individual who is a first-de- ‘‘(4) The issuer of the medicare supple- surance issuer that issues health insurance gree, second-degree, third-degree, or fourth- mental policy complies with subsection coverage, or issuer of a medicare supple- degree relative of such individual. (s)(2)(E) and subsection (x).’’. mental policy of protected health informa- ‘‘(B) GENETIC INFORMATION.— (c) EFFECTIVE DATE.—The amendments tion that is genetic information about an in- made by this section shall apply with respect ‘‘(i) IN GENERAL.—The term ‘genetic infor- dividual for underwriting purposes under the to an issuer of a medicare supplemental pol- mation’ means, with respect to any indi- group health plan, health insurance cov- icy for policy years beginning on or after the vidual, information about— erage, or medicare supplemental policy shall date that is 18 months after the date of en- ‘‘(I) such individual’s genetic tests, not be a permitted use or disclosure. actment of this Act. ‘‘(II) the genetic tests of family members ‘‘(b) DEFINITIONS.—For purposes of this sec- (d) TRANSITION PROVISIONS.— of such individual, and tion: (1) IN GENERAL.—If the Secretary of Health ‘‘(III) subject to clause (iv), the manifesta- ‘‘(1) GENETIC INFORMATION; GENETIC TEST; and Human Services identifies a State as re- tion of a disease or disorder in family mem- FAMILY MEMBER.—The terms ‘genetic infor- quiring a change to its statutes or regula- bers of such individual. mation’, ‘genetic test’, and ‘family member’ tions to conform its regulatory program to ‘‘(ii) INCLUSION OF GENETIC SERVICES.—Such have the meanings given such terms in sec- the changes made by this section, the State term includes, with respect to any indi- tion 2791 of the Public Health Service Act (42 regulatory program shall not be considered vidual, any request for, or receipt of, genetic U.S.C. 300gg–91), as amended by the Genetic to be out of compliance with the require- services (including genetic services received Information Nondiscrimination Act of 2007. ments of section 1882 of the Social Security pursuant to participation in clinical re- ROUP HEALTH PLAN; HEALTH INSUR- Act due solely to failure to make such ‘‘(2) G search) by such individual or any family ANCE COVERAGE; MEDICARE SUPPLEMENTAL member of such individual. change until the date specified in paragraph (4). POLICY.—The terms ‘group health plan’ and ‘‘(iii) EXCLUSIONS.—The term ‘genetic in- ‘health insurance coverage’ have the mean- (2) NAIC STANDARDS.—If, not later than formation’ shall not include information ings given such terms under section 2791 of about the sex or age of any individual. June 30, 2008, the National Association of In- surance Commissioners (in this subsection the Public Health Service Act (42 U.S.C. ‘‘(C) GENETIC TEST.— 300gg–91), and the term ‘medicare supple- ‘‘(i) IN GENERAL.—The term ‘genetic test’ referred to as the ‘‘NAIC’’) modifies its NAIC Model Regulation relating to section 1882 of mental policy’ has the meaning given such means an analysis of human DNA, RNA, term in section 1882(g). chromosomes, proteins, or metabolites, that the Social Security Act (referred to in such section as the 1991 NAIC Model Regulation, ‘‘(3) HIPAA PRIVACY REGULATION.—The detects genotypes, mutations, or chromo- term ‘HIPAA privacy regulation’ means the somal changes. as subsequently modified) to conform to the regulations promulgated by the Secretary ‘‘(ii) EXCEPTIONS.—The term ‘genetic test’ amendments made by this section, such re- under this part and section 264 of the Health does not mean— vised regulation incorporating the modifica- Insurance Portability and Accountability ‘‘(I) an analysis of proteins or metabolites tions shall be considered to be the applicable Act of 1996 (42 U.S.C. 1320d–2 note). that does not detect genotypes, mutations, NAIC model regulation (including the re- ‘‘(4) UNDERWRITING PURPOSES.—The term or chromosomal changes; or vised NAIC model regulation and the 1991 ‘underwriting purposes’ means, with respect ‘‘(II) an analysis of proteins or metabolites NAIC Model Regulation) for the purposes of to a group health plan, health insurance cov- that is directly related to a manifested dis- such section. erage, or a medicare supplemental policy— ease, disorder, or pathological condition that (3) SECRETARY STANDARDS.—If the NAIC ‘‘(A) rules for eligibility (including enroll- could reasonably be detected by a health does not make the modifications described in care professional with appropriate training paragraph (2) within the period specified in ment and continued eligibility) for, or deter- and expertise in the field of medicine in- such paragraph, the Secretary of Health and mination of, benefits under the plan, cov- volved. Human Services shall, not later than Octo- erage, or policy; ‘‘(B) the computation of premium or con- ‘‘(D) GENETIC SERVICES.—The term ‘genetic ber 1, 2008, make the modifications described services’ means— in such paragraph and such revised regula- tribution amounts under the plan, coverage, ‘‘(i) a genetic test; tion incorporating the modifications shall be or policy; ‘‘(ii) genetic counseling (including obtain- considered to be the appropriate regulation ‘‘(C) the application of any pre-existing ing, interpreting, or assessing genetic infor- for the purposes of such section. condition exclusion under the plan, coverage, or policy; and mation); or (4) DATE SPECIFIED.— ‘‘(D) other activities related to the cre- ‘‘(iii) genetic education. (A) IN GENERAL.—Subject to subparagraph ation, renewal, or replacement of a contract ‘‘(E) UNDERWRITING PURPOSES.—The term (B), the date specified in this paragraph for a ‘underwriting purposes’ means, with respect State is the earlier of— of health insurance or health benefits. ‘‘(c) PROCEDURE.—The revisions under sub- to a medicare supplemental policy— (i) the date the State changes its statutes section (a) shall be made by notice in the ‘‘(i) rules for, or determination of, eligi- or regulations to conform its regulatory pro- Federal Register published not later than 60 bility (including enrollment and continued gram to the changes made by this section, or days after the date of the enactment of this eligibility) for benefits under the policy; (ii) October 1, 2008. section and shall be effective upon publica- ‘‘(ii) the computation of premium or con- (B) ADDITIONAL LEGISLATIVE ACTION RE- tion, without opportunity for any prior pub- tribution amounts under the policy; QUIRED.—In the case of a State which the lic comment, but may be revised, consistent ‘‘(iii) the application of any pre-existing Secretary identifies as— with this section, after opportunity for pub- condition exclusion under the policy; and (i) requiring State legislation (other than lic comment. ‘‘(iv) other activities related to the cre- legislation appropriating funds) to conform ‘‘(d) ENFORCEMENT.—In addition to any ation, renewal, or replacement of a contract its regulatory program to the changes made other sanctions or remedies that may be of health insurance or health benefits. in this section, but available under law, a covered entity that is ‘‘(F) ISSUER OF A MEDICARE SUPPLEMENTAL (ii) having a legislature which is not sched- a group health plan, health insurance issuer, POLICY.—The term ‘issuer of a medicare sup- uled to meet in 2008 in a legislative session or issuer of a medicare supplemental policy plemental policy’ includes a third-party ad- in which such legislation may be considered, and that violates the HIPAA privacy regula- ministrator or other person acting for or on the date specified in this paragraph is the tion (as revised under subsection (a) or oth- behalf of such issuer.’’. first day of the first calendar quarter begin- erwise) with respect to the use or disclosure

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.021 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4090 CONGRESSIONAL RECORD — HOUSE April 25, 2007 of genetic information shall be subject to the ‘‘labor organization’’ have the meanings chase genetic information with respect to an penalties described in sections 1176 and 1177 given the terms in section 701 of the Civil employee or a family member of the em- in the same manner and to the same extent Rights Act of 1964 (42 U.S.C. 2000e). ployee except— that such penalties apply to violations of (D) MEMBER.—The term ‘‘member’’, with (1) where an employer inadvertently re- this part.’’. respect to a labor organization, includes an quests or requires family medical history of (b) REGULATIONS; EFFECTIVE DATE.— applicant for membership in a labor organi- the employee or family member of the em- (1) REGULATIONS.—Not later than 1 year zation. ployee; after the date of the enactment of this Act, (3) FAMILY MEMBER.—The term ‘‘family (2) where— the Secretary of Health and Human Services member’’ means, with respect to an indi- (A) health or genetic services are offered shall issue final regulations to carry out the vidual— by the employer, including such services of- revision required by section 1180(a) of the So- (A) a dependent (as such term is used for fered as part of a bona fide wellness program; cial Security Act, as added by subsection (a). purposes of section 701(f)(2) of the Employee (B) the employee provides prior, knowing, The Secretary has the sole authority to pro- Retirement Income Security Act of 1974) of voluntary, and written authorization; mulgate such regulations, but shall promul- such individual, and (C) only the employee (or family member if gate such regulations in consultation with (B) any other individual who is a first-de- the family member is receiving genetic serv- the Secretaries of Labor and the Treasury. gree, second-degree, third-degree, or fourth- ices) and the licensed health care profes- (2) EFFECTIVE DATE.—The amendment degree relative of such individual or of an in- sional or board certified genetic counselor made by subsection (a) shall take effect on dividual described in subparagraph (A). involved in providing such services receive the date that is 18 months after the date of (4) GENETIC INFORMATION.— individually identifiable information con- the enactment of this Act. (A) IN GENERAL.—The term ‘‘genetic infor- cerning the results of such services; and SEC. 106. ASSURING COORDINATION. mation’’ means, with respect to any indi- (D) any individually identifiable genetic Except as provided in section 105(b)(1), the vidual, information about— information provided under subparagraph (C) Secretary of Health and Human Services, the (i) such individual’s genetic tests, in connection with the services provided Secretary of Labor, and the Secretary of the (ii) the genetic tests of family members of under subparagraph (A) is only available for Treasury shall ensure, through the execution such individual, and purposes of such services and shall not be of an interagency memorandum of under- (iii) subject to subparagraph (D), the mani- disclosed to the employer except in aggre- standing among such Secretaries, that— festation of a disease or disorder in family gate terms that do not disclose the identity (1) regulations, rulings, and interpreta- members of such individual. of specific employees; tions issued by such Secretaries relating to (B) INCLUSION OF GENETIC SERVICES.—Such (3) where an employer requests or requires the same matter over which two or more term includes, with respect to any indi- family medical history from the employee to such Secretaries have responsibility under vidual, any request for, or receipt of, genetic comply with the certification provisions of this title (and the amendments made by this services (including genetic services received title) are administered so as to have the pursuant to participation in clinical re- section 103 of the Family and Medical Leave same effect at all times; and search) by such individual or any family Act of 1993 (29 U.S.C. 2613) or such require- (2) coordination of policies relating to en- member of such individual. ments under State family and medical leave laws; forcing the same requirements through such (C) EXCLUSIONS.—The term ‘‘genetic infor- Secretaries in order to have a coordinated mation’’ shall not include information about (4) where an employer purchases docu- enforcement strategy that avoids duplica- the sex or age of any individual. ments that are commercially and publicly tion of enforcement efforts and assigns prior- (5) GENETIC MONITORING.—The term ‘‘ge- available (including newspapers, magazines, ities in enforcement. netic monitoring’’ means the periodic exam- periodicals, and books, but not including medical databases or court records) that in- TITLE II—PROHIBITING EMPLOYMENT ination of employees to evaluate acquired DISCRIMINATION ON THE BASIS OF GE- modifications to their genetic material, such clude family medical history; NETIC INFORMATION as chromosomal damage or evidence of in- (5) where the information involved is to be creased occurrence of mutations, that may used for genetic monitoring of the biological SEC. 201. DEFINITIONS. effects of toxic substances in the workplace, In this title: have developed in the course of employment but only if— (1) COMMISSION.—The term ‘‘Commission’’ due to exposure to toxic substances in the (A) the employer provides written notice of means the Equal Employment Opportunity workplace, in order to identify, evaluate, and the genetic monitoring to the employee; Commission as created by section 705 of the respond to the effects of or control adverse (B)(i) the employee provides prior, know- Civil Rights Act of 1964 (42 U.S.C. 2000e–4). environmental exposures in the workplace. ing, voluntary, and written authorization; or (2) EMPLOYEE; EMPLOYER; EMPLOYMENT (6) GENETIC SERVICES.—The term ‘‘genetic (ii) the genetic monitoring is required by AGENCY; LABOR ORGANIZATION; MEMBER.— services’’ means— Federal or State law; (A) IN GENERAL.—The term ‘‘employee’’ (A) a genetic test; means— (B) genetic counseling (including obtain- (C) the employee is informed of individual (i) an employee (including an applicant), as ing, interpreting, or assessing genetic infor- monitoring results; defined in section 701(f) of the Civil Rights mation); or (D) the monitoring is in compliance with— Act of 1964 (42 U.S.C. 2000e(f)); (C) genetic education. (i) any Federal genetic monitoring regula- (ii) a State employee (including an appli- (7) GENETIC TEST.— tions, including any such regulations that cant) described in section 304(a) of the Gov- (A) IN GENERAL.—The term ‘‘genetic test’’ may be promulgated by the Secretary of ernment Employee Rights Act of 1991 (42 means an analysis of human DNA, RNA, Labor pursuant to the Occupational Safety U.S.C. 2000e–16c(a)); chromosomes, proteins, or metabolites, that and Health Act of 1970 (29 U.S.C. 651 et seq.), (iii) a covered employee (including an ap- detects genotypes, mutations, or chromo- the Federal Mine Safety and Health Act of plicant), as defined in section 101 of the Con- somal changes. 1977 (30 U.S.C. 801 et seq.), or the Atomic En- gressional Accountability Act of 1995 (2 (B) EXCEPTIONS.—The term ‘‘genetic test’’ ergy Act of 1954 (42 U.S.C. 2011 et seq.); or U.S.C. 1301); does not mean an analysis of proteins or me- (ii) State genetic monitoring regulations, (iv) a covered employee (including an ap- tabolites that does not detect genotypes, in the case of a State that is implementing plicant), as defined in section 411(c) of title 3, mutations, or chromosomal changes. genetic monitoring regulations under the au- United States Code; or SEC. 202. EMPLOYER PRACTICES. thority of the Occupational Safety and (v) an employee or applicant to which sec- (a) DISCRIMINATION BASED ON GENETIC IN- Health Act of 1970 (29 U.S.C. 651 et seq.); and tion 717(a) of the Civil Rights Act of 1964 (42 FORMATION.—It shall be an unlawful employ- (E) the employer, excluding any licensed U.S.C. 2000e–16(a)) applies. ment practice for an employer— health care professional or board certified (B) EMPLOYER.—The term ‘‘employer’’ (1) to fail or refuse to hire, or to discharge, genetic counselor that is involved in the ge- means— any employee, or otherwise to discriminate netic monitoring program, receives the re- (i) an employer (as defined in section 701(b) against any employee with respect to the sults of the monitoring only in aggregate of the Civil Rights Act of 1964 (42 U.S.C. compensation, terms, conditions, or privi- terms that do not disclose the identity of 2000e(b))); leges of employment of the employee, be- specific employees; or (ii) an entity employing a State employee cause of genetic information with respect to (6) where the employer conducts DNA anal- described in section 304(a) of the Government the employee; or ysis for law enforcement purposes as a foren- Employee Rights Act of 1991; (2) to limit, segregate, or classify the em- sic laboratory, includes such analysis in the (iii) an employing office, as defined in sec- ployees of the employer in any way that Combined DNA Index System pursuant to tion 101 of the Congressional Accountability would deprive or tend to deprive any em- section 210304 of the Violent Crime Control Act of 1995; ployee of employment opportunities or oth- and Law Enforcement Act of 1994 (42 U.S.C. (iv) an employing office, as defined in sec- erwise adversely affect the status of the em- 14132), and requests or requires genetic infor- tion 411(c) of title 3, United States Code; or ployee as an employee, because of genetic in- mation of such employer’s employees, but (v) an entity to which section 717(a) of the formation with respect to the employee. only to the extent that such genetic infor- Civil Rights Act of 1964 applies. (b) ACQUISITION OF GENETIC INFORMATION.— mation is used for analysis of DNA identi- (C) EMPLOYMENT AGENCY; LABOR ORGANIZA- It shall be an unlawful employment practice fication markers for quality control to de- TION.—The terms ‘‘employment agency’’ and for an employer to request, require, or pur- tect sample contamination.

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(c) PRESERVATION OF PROTECTIONS.—In the may be promulgated by the Secretary of licly available (including newspapers, maga- case of information to which any of para- Labor pursuant to the Occupational Safety zines, periodicals, and books, but not includ- graphs (1) through (6) of subsection (b) ap- and Health Act of 1970 (29 U.S.C. 651 et seq.), ing medical databases or court records) that plies, such information may not be used in the Federal Mine Safety and Health Act of include family medical history; or violation of paragraph (1) or (2) of subsection 1977 (30 U.S.C. 801 et seq.), or the Atomic En- (5) where the information involved is to be (a) or treated or disclosed in a manner that ergy Act of 1954 (42 U.S.C. 2011 et seq.); or used for genetic monitoring of the biological violates section 206. (ii) State genetic monitoring regulations, effects of toxic substances in the workplace, SEC. 203. EMPLOYMENT AGENCY PRACTICES. in the case of a State that is implementing but only if— (a) DISCRIMINATION BASED ON GENETIC IN- genetic monitoring regulations under the au- (A) the labor organization provides written FORMATION.—It shall be an unlawful employ- thority of the Occupational Safety and notice of the genetic monitoring to the ment practice for an employment agency— Health Act of 1970 (29 U.S.C. 651 et seq.); and member; (1) to fail or refuse to refer for employ- (E) the employment agency, excluding any (B)(i) the member provides prior, knowing, ment, or otherwise to discriminate against, licensed health care professional or board voluntary, and written authorization; or any individual because of genetic informa- certified genetic counselor that is involved (ii) the genetic monitoring is required by tion with respect to the individual; in the genetic monitoring program, receives Federal or State law; (2) to limit, segregate, or classify individ- the results of the monitoring only in aggre- (C) the member is informed of individual uals or fail or refuse to refer for employment gate terms that do not disclose the identity monitoring results; any individual in any way that would de- of specific individuals. (D) the monitoring is in compliance with— prive or tend to deprive any individual of (c) PRESERVATION OF PROTECTIONS.—In the (i) any Federal genetic monitoring regula- employment opportunities, or otherwise ad- case of information to which any of para- tions, including any such regulations that versely affect the status of the individual as graphs (1) through (5) of subsection (b) ap- may be promulgated by the Secretary of an employee, because of genetic information plies, such information may not be used in Labor pursuant to the Occupational Safety with respect to the individual; or violation of paragraph (1), (2), or (3) of sub- and Health Act of 1970 (29 U.S.C. 651 et seq.), (3) to cause or attempt to cause an em- section (a) or treated or disclosed in a man- the Federal Mine Safety and Health Act of ployer to discriminate against an individual ner that violates section 206. 1977 (30 U.S.C. 801 et seq.), or the Atomic En- in violation of this title. SEC. 204. LABOR ORGANIZATION PRACTICES. ergy Act of 1954 (42 U.S.C. 2011 et seq.); or (b) ACQUISITION OF GENETIC INFORMATION.— (a) DISCRIMINATION BASED ON GENETIC IN- (ii) State genetic monitoring regulations, It shall be an unlawful employment practice FORMATION.—It shall be an unlawful employ- in the case of a State that is implementing for an employment agency to request, re- ment practice for a labor organization— genetic monitoring regulations under the au- quire, or purchase genetic information with (1) to exclude or to expel from the member- thority of the Occupational Safety and respect to an individual or a family member ship of the organization, or otherwise to dis- Health Act of 1970 (29 U.S.C. 651 et seq.); and of the individual except— criminate against, any member because of (E) the labor organization, excluding any (1) where an employment agency inadvert- genetic information with respect to the licensed health care professional or board ently requests or requires family medical member; certified genetic counselor that is involved history of the individual or family member (2) to limit, segregate, or classify the mem- in the genetic monitoring program, receives of the individual; bers of the organization, or fail or refuse to the results of the monitoring only in aggre- (2) where— refer for employment any member, in any gate terms that do not disclose the identity (A) health or genetic services are offered way that would deprive or tend to deprive of specific members. by the employment agency, including such any member of employment opportunities, (c) PRESERVATION OF PROTECTIONS.—In the services offered as part of a bona fide or otherwise adversely affect the status of case of information to which any of para- wellness program; the member as an employee, because of ge- graphs (1) through (5) of subsection (b) ap- (B) the individual provides prior, knowing, netic information with respect to the mem- plies, such information may not be used in voluntary, and written authorization; ber; or violation of paragraph (1), (2), or (3) of sub- (C) only the individual (or family member (3) to cause or attempt to cause an em- section (a) or treated or disclosed in a man- if the family member is receiving genetic ployer to discriminate against a member in ner that violates section 206. services) and the licensed health care profes- violation of this title. SEC. 205. TRAINING PROGRAMS. sional or board certified genetic counselor (b) ACQUISITION OF GENETIC INFORMATION.— (a) DISCRIMINATION BASED ON GENETIC IN- involved in providing such services receive It shall be an unlawful employment practice FORMATION.—It shall be an unlawful employ- individually identifiable information con- for a labor organization to request, require, ment practice for any employer, labor orga- cerning the results of such services; and or purchase genetic information with respect nization, or joint labor-management com- (D) any individually identifiable genetic to a member or a family member of the mittee controlling apprenticeship or other information provided under subparagraph (C) member except— training or retraining, including on-the-job in connection with the services provided (1) where a labor organization inadvert- training programs— under subparagraph (A) is only available for ently requests or requires family medical (1) to discriminate against any individual purposes of such services and shall not be history of the member or family member of because of genetic information with respect disclosed to the employment agency except the member; to the individual in admission to, or employ- in aggregate terms that do not disclose the (2) where— ment in, any program established to provide identity of specific individuals; (A) health or genetic services are offered apprenticeship or other training or retrain- (3) where an employment agency requests by the labor organization, including such ing; or requires family medical history from the services offered as part of a bona fide (2) to limit, segregate, or classify the ap- individual to comply with the certification wellness program; plicants for or participants in such appren- provisions of section 103 of the Family and (B) the member provides prior, knowing, ticeship or other training or retraining, or Medical Leave Act of 1993 (29 U.S.C. 2613) or voluntary, and written authorization; fail or refuse to refer for employment any in- such requirements under State family and (C) only the member (or family member if dividual, in any way that would deprive or medical leave laws; the family member is receiving genetic serv- tend to deprive any individual of employ- (4) where an employment agency purchases ices) and the licensed health care profes- ment opportunities, or otherwise adversely documents that are commercially and pub- sional or board certified genetic counselor affect the status of the individual as an em- licly available (including newspapers, maga- involved in providing such services receive ployee, because of genetic information with zines, periodicals, and books, but not includ- individually identifiable information con- respect to the individual; or ing medical databases or court records) that cerning the results of such services; and (3) to cause or attempt to cause an em- include family medical history; or (D) any individually identifiable genetic ployer to discriminate against an applicant (5) where the information involved is to be information provided under subparagraph (C) for or a participant in such apprenticeship or used for genetic monitoring of the biological in connection with the services provided other training or retraining in violation of effects of toxic substances in the workplace, under subparagraph (A) is only available for this title. but only if— purposes of such services and shall not be (b) ACQUISITION OF GENETIC INFORMATION.— (A) the employment agency provides writ- disclosed to the labor organization except in It shall be an unlawful employment practice ten notice of the genetic monitoring to the aggregate terms that do not disclose the for an employer, labor organization, or joint individual; identity of specific members; labor-management committee described in (B)(i) the individual provides prior, know- (3) where a labor organization requests or subsection (a) to request, require, or pur- ing, voluntary, and written authorization; or requires family medical history from the chase genetic information with respect to an (ii) the genetic monitoring is required by members to comply with the certification individual or a family member of the indi- Federal or State law; provisions of section 103 of the Family and vidual except— (C) the individual is informed of individual Medical Leave Act of 1993 (29 U.S.C. 2613) or (1) where the employer, labor organization, monitoring results; such requirements under State family and or joint labor-management committee inad- (D) the monitoring is in compliance with— medical leave laws; vertently requests or requires family med- (i) any Federal genetic monitoring regula- (4) where a labor organization purchases ical history of the individual or family mem- tions, including any such regulations that documents that are commercially and pub- ber of the individual;

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(2) where— (c) PRESERVATION OF PROTECTIONS.—In the 709, 710, and 711 of the Civil Rights Act of (A) health or genetic services are offered case of information to which any of para- 1964 (42 U.S.C. 2000e–4 et seq.) to the Commis- by the employer, labor organization, or joint graphs (1) through (6) of subsection (b) ap- sion, the Attorney General, or any person, labor-management committee, including plies, such information may not be used in alleging a violation of title VII of that Act such services offered as part of a bona fide violation of paragraph (1), (2), or (3) of sub- (42 U.S.C. 2000e et seq.) shall be the powers, wellness program; section (a) or treated or disclosed in a man- remedies, and procedures this title provides (B) the individual provides prior, knowing, ner that violates section 206. to the Commission, the Attorney General, or voluntary, and written authorization; SEC. 206. CONFIDENTIALITY OF GENETIC INFOR- any person, respectively, alleging an unlaw- (C) only the individual (or family member MATION. ful employment practice in violation of this if the family member is receiving genetic (a) TREATMENT OF INFORMATION AS PART OF title against an employee described in sec- services) and the licensed health care profes- CONFIDENTIAL MEDICAL RECORD.—If an em- tion 201(2)(A)(i), except as provided in para- sional or board certified genetic counselor ployer, employment agency, labor organiza- graphs (2) and (3). involved in providing such services receive tion, or joint labor-management committee (2) COSTS AND FEES.—The powers, remedies, individually identifiable information con- possesses genetic information about an em- and procedures provided in subsections (b) cerning the results of such services; and ployee or member, such information shall be and (c) of section 722 of the Revised Statutes (D) any individually identifiable genetic maintained on separate forms and in sepa- of the United States (42 U.S.C. 1988), shall be information provided under subparagraph (C) rate medical files and be treated as a con- powers, remedies, and procedures this title fidential medical record of the employee or in connection with the services provided provides to the Commission, the Attorney member. An employer, employment agency, General, or any person, alleging such a prac- under subparagraph (A) is only available for labor organization, or joint labor-manage- tice. purposes of such services and shall not be ment committee shall be considered to be in (3) DAMAGES.—The powers, remedies, and disclosed to the employer, labor organiza- compliance with the maintenance of infor- procedures provided in section 1977A of the tion, or joint labor-management committee mation requirements of this subsection with Revised Statutes of the United States (42 except in aggregate terms that do not dis- respect to genetic information subject to U.S.C. 1981a), including the limitations con- close the identity of specific individuals; this subsection that is maintained with and tained in subsection (b)(3) of such section (3) where the employer, labor organization, treated as a confidential medical record 1977A, shall be powers, remedies, and proce- or joint labor-management committee re- under section 102(d)(3)(B) of the Americans dures this title provides to the Commission, quests or requires family medical history With Disabilities Act (42 U.S.C. the Attorney General, or any person, alleg- from the individual to comply with the cer- 12112(d)(3)(B)). ing such a practice (not an employment tification provisions of section 103 of the (b) LIMITATION ON DISCLOSURE.—An em- practice specifically excluded from coverage Family and Medical Leave Act of 1993 (29 ployer, employment agency, labor organiza- under section 1977A(a)(1) of the Revised Stat- U.S.C. 2613) or such requirements under tion, or joint labor-management committee utes of the United States). State family and medical leave laws; shall not disclose genetic information con- (b) EMPLOYEES COVERED BY GOVERNMENT (4) where the employer, labor organization, cerning an employee or member except— EMPLOYEE RIGHTS ACT OF 1991.— or joint labor-management committee pur- (1) to the employee or member of a labor (1) IN GENERAL.—The powers, remedies, and chases documents that are commercially and organization (or family member if the family procedures provided in sections 302 and 304 of publicly available (including newspapers, member is receiving the genetic services) at the Government Employee Rights Act of 1991 magazines, periodicals, and books, but not the written request of the employee or mem- (42 U.S.C. 2000e–16b, 2000e–16c) to the Com- including medical databases or court ber of such organization; mission, or any person, alleging a violation records) that include family medical history; (2) to an occupational or other health re- of section 302(a)(1) of that Act (42 U.S.C. (5) where the information involved is to be searcher if the research is conducted in com- 2000e–16b(a)(1)) shall be the powers, remedies, used for genetic monitoring of the biological pliance with the regulations and protections and procedures this title provides to the effects of toxic substances in the workplace, provided for under part 46 of title 45, Code of Commission, or any person, respectively, al- but only if— Federal Regulations; leging an unlawful employment practice in (A) the employer, labor organization, or (3) in response to an order of a court, ex- violation of this title against an employee joint labor-management committee provides cept that— described in section 201(2)(A)(ii), except as written notice of the genetic monitoring to (A) the employer, employment agency, provided in paragraphs (2) and (3). the individual; labor organization, or joint labor-manage- (2) COSTS AND FEES.—The powers, remedies, (B)(i) the individual provides prior, know- ment committee may disclose only the ge- and procedures provided in subsections (b) ing, voluntary, and written authorization; or netic information expressly authorized by and (c) of section 722 of the Revised Statutes (ii) the genetic monitoring is required by such order; and of the United States (42 U.S.C. 1988), shall be Federal or State law; (B) if the court order was secured without powers, remedies, and procedures this title (C) the individual is informed of individual the knowledge of the employee or member to provides to the Commission, or any person, monitoring results; whom the information refers, the employer, alleging such a practice. (D) the monitoring is in compliance with— employment agency, labor organization, or (3) DAMAGES.—The powers, remedies, and (i) any Federal genetic monitoring regula- joint labor-management committee shall in- procedures provided in section 1977A of the tions, including any such regulations that form the employee or member of the court Revised Statutes of the United States (42 may be promulgated by the Secretary of order and any genetic information that was U.S.C. 1981a), including the limitations con- Labor pursuant to the Occupational Safety disclosed pursuant to such order; tained in subsection (b)(3) of such section and Health Act of 1970 (29 U.S.C. 651 et seq.), (4) to government officials who are inves- 1977A, shall be powers, remedies, and proce- the Federal Mine Safety and Health Act of tigating compliance with this title if the in- dures this title provides to the Commission, 1977 (30 U.S.C. 801 et seq.), or the Atomic En- formation is relevant to the investigation; or or any person, alleging such a practice (not ergy Act of 1954 (42 U.S.C. 2011 et seq.); or (5) to the extent that such disclosure is an employment practice specifically ex- (ii) State genetic monitoring regulations, made in connection with the employee’s cluded from coverage under section in the case of a State that is implementing compliance with the certification provisions 1977A(a)(1) of the Revised Statutes of the genetic monitoring regulations under the au- of section 103 of the Family and Medical United States). thority of the Occupational Safety and Leave Act of 1993 (29 U.S.C. 2613) or such re- (c) EMPLOYEES COVERED BY CONGRESSIONAL Health Act of 1970 (29 U.S.C. 651 et seq.); and quirements under State family and medical ACCOUNTABILITY ACT OF 1995.— (E) the employer, labor organization, or leave laws. (1) IN GENERAL.—The powers, remedies, and joint labor-management committee, exclud- (c) RELATIONSHIP TO HIPAA REGULA- procedures provided in the Congressional Ac- ing any licensed health care professional or TIONS.—With respect to the regulations pro- countability Act of 1995 (2 U.S.C. 1301 et seq.) board certified genetic counselor that is in- mulgated by the Secretary of Health and to the Board (as defined in section 101 of that volved in the genetic monitoring program, Human Services under part C of title XI of Act (2 U.S.C. 1301)), or any person, alleging a receives the results of the monitoring only the Social Security Act (42 U.S.C. 1320d et violation of section 201(a)(1) of that Act (42 in aggregate terms that do not disclose the seq.) and section 264 of the Health Insurance U.S.C. 1311(a)(1)) shall be the powers, rem- identity of specific individuals; or Portability and Accountability Act of 1996 edies, and procedures this title provides to (6) where the employer conducts DNA anal- (42 U.S.C. 1320d–2 note), this title does not that Board, or any person, alleging an un- ysis for law enforcement purposes as a foren- prohibit a covered entity under such regula- lawful employment practice in violation of sic laboratory, includes such analysis in the tions from any use or disclosure of health in- this title against an employee described in Combined DNA Index System pursuant to formation that is authorized for the covered section 201(2)(A)(iii), except as provided in section 210304 of the Violent Crime Control entity under such regulations. The previous paragraphs (2) and (3). and Law Enforcement Act of 1994 (42 U.S.C. sentence does not affect the authority of (2) COSTS AND FEES.—The powers, remedies, 14132), and requests or requires genetic infor- such Secretary to modify such regulations. and procedures provided in subsections (b) mation of such employer’s apprentices or SEC. 207. REMEDIES AND ENFORCEMENT. and (c) of section 722 of the Revised Statutes trainees, but only to the extent that such ge- (a) EMPLOYEES COVERED BY TITLE VII OF of the United States (42 U.S.C. 1988), shall be netic information is used for analysis of DNA THE CIVIL RIGHTS ACT OF 1964.— powers, remedies, and procedures this title identification markers for quality control to (1) IN GENERAL.—The powers, remedies, and provides to that Board, or any person, alleg- detect sample contamination. procedures provided in sections 705, 706, 707, ing such a practice.

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(3) DAMAGES.—The powers, remedies, and cluded from coverage under section (5) POSTAL SERVICES.—The Commission procedures provided in section 1977A of the 1977A(a)(1) of the Revised Statutes of the may use the United States mails in the same Revised Statutes of the United States (42 United States). manner and under the same conditions as U.S.C. 1981a), including the limitations con- (f) DEFINITION.—In this section, the term other departments and agencies of the Fed- tained in subsection (b)(3) of such section ‘‘Commission’’ means the Equal Employ- eral Government. 1977A, shall be powers, remedies, and proce- ment Opportunity Commission. (e) REPORT.—Not later than 1 year after all dures this title provides to that Board, or SEC. 208. DISPARATE IMPACT. of the members are appointed to the Com- any person, alleging such a practice (not an (a) GENERAL RULE.—Notwithstanding any mission under subsection (c)(1), the Commis- employment practice specifically excluded other provision of this Act, ‘‘disparate im- sion shall submit to Congress a report that from coverage under section 1977A(a)(1) of pact’’, as that term is used in section 703(k) summarizes the findings of the Commission the Revised Statutes of the United States). of the Civil Rights Act of 1964 (42 U.S.C. and makes such recommendations for legis- (4) OTHER APPLICABLE PROVISIONS.—With 2000e–2(k)), on the basis of genetic informa- lation as are consistent with this Act. respect to a claim alleging a practice de- tion does not establish a cause of action UTHORIZATION OF APPROPRIATIONS.— scribed in paragraph (1), title III of the Con- under this Act. (f) A gressional Accountability Act of 1995 (2 (b) COMMISSION.—On the date that is 6 There are authorized to be appropriated to U.S.C. 1381 et seq.) shall apply in the same years after the date of enactment of this the Equal Employment Opportunity Com- manner as such title applies with respect to Act, there shall be established a commission, mission such sums as may be necessary to a claim alleging a violation of section to be known as the Genetic Nondiscrimina- carry out this section. 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)). tion Study Commission (referred to in this SEC. 209. CONSTRUCTION. (d) EMPLOYEES COVERED BY CHAPTER 5 OF section as the ‘‘Commission’’) to review the (a) IN GENERAL.—Nothing in this title shall developing science of genetics and to make TITLE 3, UNITED STATES CODE.— be construed to— (1) IN GENERAL.—The powers, remedies, and recommendations to Congress regarding whether to provide a disparate impact cause (1) limit the rights or protections of an in- procedures provided in chapter 5 of title 3, dividual under any other Federal or State United States Code, to the President, the of action under this Act. statute that provides equal or greater pro- Commission, the Merit Systems Protection (c) MEMBERSHIP.— tection to an individual than the rights or Board, or any person, alleging a violation of (1) IN GENERAL.—The Commission shall be protections provided for under this title, in- section 411(a)(1) of that title, shall be the composed of 8 members, of which— cluding the protections of an individual powers, remedies, and procedures this title (A) 1 member shall be appointed by the Ma- under the Americans with Disabilities Act of provides to the President, the Commission, jority Leader of the Senate; 1990 (42 U.S.C. 12101 et seq.) (including cov- such Board, or any person, respectively, al- (B) 1 member shall be appointed by the Mi- erage afforded to individuals under section leging an unlawful employment practice in nority Leader of the Senate; 102 of such Act (42 U.S.C. 12112)), or under the violation of this title against an employee (C) 1 member shall be appointed by the Rehabilitation Act of 1973 (29 U.S.C. 701 et described in section 201(2)(A)(iv), except as Chairman of the Committee on Health, Edu- provided in paragraphs (2) and (3). cation, Labor, and Pensions of the Senate; seq.); (2)(A) limit the rights or protections of an (2) COSTS AND FEES.—The powers, remedies, (D) 1 member shall be appointed by the and procedures provided in subsections (b) ranking minority member of the Committee individual to bring an action under this title and (c) of section 722 of the Revised Statutes on Health, Education, Labor, and Pensions of against an employer, employment agency, of the United States (42 U.S.C. 1988), shall be the Senate; labor organization, or joint labor-manage- powers, remedies, and procedures this title (E) 1 member shall be appointed by the ment committee for a violation of this title; provides to the President, the Commission, Speaker of the House of Representatives; or such Board, or any person, alleging such a (F) 1 member shall be appointed by the Mi- (B) provide for enforcement of, or penalties practice. nority Leader of the House of Representa- for violation of, any requirement or prohibi- (3) DAMAGES.—The powers, remedies, and tives; tion applicable to any employer, employ- procedures provided in section 1977A of the (G) 1 member shall be appointed by the ment agency, labor organization, or joint Revised Statutes of the United States (42 Chairman of the Committee on Education labor-management committee the enforce- U.S.C. 1981a), including the limitations con- and Labor of the House of Representatives; ment of which, or penalties for which, are tained in subsection (b)(3) of such section and provided under the amendments made by 1977A, shall be powers, remedies, and proce- (H) 1 member shall be appointed by the title I; dures this title provides to the President, the ranking minority member of the Committee (3) apply to the Armed Forces Repository Commission, such Board, or any person, al- on Education and Labor of the House of Rep- of Specimen Samples for the Identification leging such a practice (not an employment resentatives. of Remains; practice specifically excluded from coverage (2) COMPENSATION AND EXPENSES.—The (4) limit or expand the protections, rights, under section 1977A(a)(1) of the Revised Stat- members of the Commission shall not re- or obligations of employees or employers utes of the United States). ceive compensation for the performance of under applicable workers’ compensation (e) EMPLOYEES COVERED BY SECTION 717 OF services for the Commission, but shall be al- laws; THE CIVIL RIGHTS ACT OF 1964.— lowed travel expenses, including per diem in (5) limit the authority of a Federal depart- (1) IN GENERAL.—The powers, remedies, and lieu of subsistence, at rates authorized for ment or agency to conduct or sponsor occu- procedures provided in section 717 of the employees of agencies under subchapter I of pational or other health research that is con- Civil Rights Act of 1964 (42 U.S.C. 2000e–16) to chapter 57 of title 5, United States Code, ducted in compliance with the regulations the Commission, the Attorney General, the while away from their homes or regular contained in part 46 of title 45, Code of Fed- Librarian of Congress, or any person, alleg- places of business in the performance of serv- eral Regulations (or any corresponding or ing a violation of that section shall be the ices for the Commission. similar regulation or rule); powers, remedies, and procedures this title (d) ADMINISTRATIVE PROVISIONS.— (6) limit the statutory or regulatory au- provides to the Commission, the Attorney (1) LOCATION.—The Commission shall be lo- thority of the Occupational Safety and General, the Librarian of Congress, or any cated in a facility maintained by the Equal Health Administration or the Mine Safety person, respectively, alleging an unlawful Employment Opportunity Commission. and Health Administration to promulgate or employment practice in violation of this (2) DETAIL OF GOVERNMENT EMPLOYEES.— enforce workplace safety and health laws title against an employee or applicant de- Any Federal Government employee may be and regulations; or scribed in section 201(2)(A)(v), except as pro- detailed to the Commission without reim- (7) require any specific benefit for an em- vided in paragraphs (2) and (3). bursement, and such detail shall be without ployee or member or a family member of an (2) COSTS AND FEES.—The powers, remedies, interruption or loss of civil service status or employee or member under any group health and procedures provided in subsections (b) privilege. plan or health insurance issuer offering and (c) of section 722 of the Revised Statutes (3) INFORMATION FROM FEDERAL AGENCIES.— group health insurance coverage in connec- of the United States (42 U.S.C. 1988), shall be The Commission may secure directly from tion with a group health plan. powers, remedies, and procedures this title any Federal department or agency such in- (b) GENETIC INFORMATION OF A FETUS OR provides to the Commission, the Attorney formation as the Commission considers nec- EMBRYO.—Any reference in this title to ge- General, the Librarian of Congress, or any essary to carry out the provisions of this sec- netic information concerning an individual person, alleging such a practice. tion. Upon request of the Commission, the or family member of an individual shall— (3) DAMAGES.—The powers, remedies, and head of such department or agency shall fur- (1) with respect to such an individual or procedures provided in section 1977A of the nish such information to the Commission. family member of an individual who is a Revised Statutes of the United States (42 (4) HEARINGS.—The Commission may hold pregnant woman, include genetic informa- U.S.C. 1981a), including the limitations con- such hearings, sit and act at such times and tion of any fetus carried by such pregnant tained in subsection (b)(3) of such section places, take such testimony, and receive woman; and 1977A, shall be powers, remedies, and proce- such evidence as the Commission considers (2) with respect to an individual or family dures this title provides to the Commission, advisable to carry out the objectives of this member utilizing an assisted reproductive the Attorney General, the Librarian of Con- section, except that, to the extent possible, technology, include genetic information of gress, or any person, alleging such a practice the Commission shall use existing data and any embryo legally held by the individual or (not an employment practice specifically ex- research. family member.

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.021 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4094 CONGRESSIONAL RECORD — HOUSE April 25, 2007 SEC. 210. MEDICAL INFORMATION THAT IS NOT Committee on Education and Labor, the title of the legislation before us, GENETIC INFORMATION. and I commend the sponsors for their the Genetic Information Non- An employer, employment agency, labor hard work and for their perseverance. discrimination Act, embodies a propo- organization, or joint labor-management This bill is long overdue. The Human committee shall not be considered to be in sition that all members of our com- violation of this title based on the use, ac- Genome Project started the revolution mittee and, indeed, all Members of this quisition, or disclosure of medical informa- in science and medicine nearly 20 years Congress should endorse. Simply put, tion that is not genetic information about a ago by identifying the specific chro- no employee should face discrimina- manifested disease, disorder, or pathological mosomes within the genes that make tion on the basis of genetic makeup or condition of an employee or member, includ- up the human body. Once the scientists on any characteristic other than the ing a manifested disease, disorder, or patho- identified and understood these genetic ability to do the job. Similarly, no em- logical condition that has or may have a ge- building blocks, they developed tests ployee should risk his or her health in- netic basis. that identified genetic markers for dis- surance status simply because of the SEC. 211. REGULATIONS. eases that could, but may never, occur. possibility that they may someday de- Not later than 1 year after the date of en- We understand that this scientific velop an illness. actment of this title, the Commission shall revolution can and will save lives. It This bill was drafted with those fun- issue final regulations to carry out this title. can save children from devastating ill- damental principles in mind, and I be- SEC. 212. AUTHORIZATION OF APPROPRIATIONS. nesses, and once these tests and treat- lieve that through the legislative proc- There are authorized to be appropriated ments become more widely available, ess we have taken steps toward ensur- such sums as may be necessary to carry out this title (except for section 208). they will help us live longer lives with ing that the bill we pass fulfills those less debilitating diseases. principles, while minimizing the poten- SEC. 213. EFFECTIVE DATE. The key to unlocking this scientific tial for unintended consequences. This title takes effect on the date that is 18 months after the date of enactment of this revolution is to assure individuals of I would like to point out a number of Act. genetic privacy and nondiscrimination improvements in the bill that I think when they undergo genetic testing and merit attention. TITLE III—MISCELLANEOUS PROVISIONS counseling. Many Americans already I am pleased that the bill before us SEC. 301. GUARANTEE AGENCY COLLECTION RE- today embodies the same logic as a TENTION. forgo testing for fear of losing their past executive order issued by Presi- Clause (ii) of section 428(c)(6)(A) of the jobs and their health insurance. In a Higher Education Act of 1965 (20 U.S.C. 2003 National Institutes of Health dent Clinton to ensure that this legis- 1078(c)(6)(A)) is amended to read as follows: study, 39 percent of the individuals sur- lation would not inadvertently serve as ‘‘(ii) an amount equal to 23 percent of such veyed cited fear of losing their health a broad, new Federal mandate requir- payments for use in accordance with section insurance as the most distressing ing all insurance plans and employers 422B, except that beginning October 1, 2007, issues related to genetic testing. to cover all treatments related to ge- and ending September 30, 2008, this subpara- netic-related conditions. That is ex- 1345 graph shall be applied by substituting ‘22 b actly the type of unintended con- percent’ for ‘23 percent’.’’. There is a clear need for us to pass sequence we were seeking to avoid, and SEC. 302. SEVERABILITY. this law to protect genetic information I am pleased that we were able to work If any provision of this Act, an amendment from discriminatory uses. We all suffer this out. made by this Act, or the application of such if fears of lost jobs or health insurance Second, I would like to highlight a provision or amendment to any person or stifle these scientific advances. provision in the legislation that en- circumstance is held to be unconstitutional, That is why 41 States have passed the remainder of this Act, the amendments sures that employers, who are cur- made by this Act, and the application of laws to prohibit discrimination in the rently subject to a number of confiden- such provisions to any person or cir- individual health insurance market. tiality and recordkeeping requirements cumstance shall not be affected thereby. Mr. Speaker, I reserve the balance of under law, are not burdened by yet an- The SPEAKER pro tempore. Pursu- my time. other redundant set of paperwork re- Mrs. BIGGERT. Mr. Speaker, I yield ant to the rule, the gentleman from quirements. The bill before us today such time as he may consume to the California (Mr. GEORGE MILLER) and provides that with respect to genetic gentleman from Louisiana (Mr. the gentlewoman from Illinois (Mrs. information, if an employer maintains BOUSTANY), a member of the Education BIGGERT) each will control 20 minutes. employee records and treats them as it and Labor Committee. does confidential medical records The Chair recognizes the gentleman Mr. BOUSTANY. Mr. Speaker, I rise from California. under the Americans with Disabilities in support of this legislation, and while Act, it is in compliance with this new GENERAL LEAVE I do not by any means think it is a per- genetics law. Mr. GEORGE MILLER of California. fect bill, I do believe it contains a num- Third, I applaud a significant im- Mr. Speaker, I request 5 legislative ber of important improvements over provement in the bill, and namely, its days in which Members may insert ma- prior versions of the legislation. More extension of genetic nondiscrimination terial relevant to H.R. 493 in the importantly, it marks a commitment protection to all Americans. One of the RECORD. by this Congress to ensure that the law issues raised during our committee’s The SPEAKER pro tempore. Is there of the United States protects American consideration of the bill was concern objection to the request of the gen- workers and health care consumers that the bill’s protections did not ade- tleman from California? from discrimination on the basis of quately extend to cover children in There was no objection. their genetic makeup. Because that utero or at early stages of development Mr. GEORGE MILLER of California. goal is so critical, I will vote for this or in connection with in vitro fertiliza- Mr. Speaker, I yield myself 2 minutes. bill today, and I urge my colleagues to tion and other technologies. I am very (Mr. GEORGE MILLER of California do likewise. pleased that the final bill before us ad- asked and was given permission to re- I would like to commend my col- dresses these issues to the satisfaction vise and extend his remarks.) leagues, and fellow member on the of all Members on both sides of the Mr. GEORGE MILLER of California. Committee on Education and Labor, aisle who have worked in good faith to Mr. Speaker, I am pleased that the Representative JUDY BIGGERT, and Con- ensure the broadest protection pos- House will take up H.R. 493, the Ge- gresswoman LOUISE SLAUGHTER for sible. netic Information Nondiscrimination their tremendous work and years of The bill contains a number of other Act of 2007. dedication on this important issue. improvements over prior versions, rep- This legislation is sponsored by two Both of you have been persistent and resenting issues we were able to work of my distinguished colleagues, Con- effective on so many issues that have through over the past couple of months gresswoman LOUISE SLAUGHTER, who come before this committee and this and which demonstrate how the com- has been waiting 10 years to debate Congress. Both should be commended mittee process is truly meant to work. this bill on the floor of the House of for adding this important bill to your We were presented with well-inten- Representatives, and Congresswoman list of legislative accomplishments. tioned legislation, heard meaningful JUDY BIGGERT, who has been a member As was noted during our committee’s testimony on it and its potential im- of the committee which I chair, the consideration of this bill, I believe that pact on employers and employees

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I would be remiss if I did not point culmination of a bipartisan effort to But sadly, the threat of genetic dis- out concerns I have with the bill and prevent the improper use of genetic in- crimination and the fear of being express my hope that as the legislative formation in the workforce and insur- passed over for promotion, forced to process continues, and if and when the ance decisions. pay more for health insurance, or even provisions of this bill are administered, It is no longer simply the work of denied coverage, men and women are we give due weight to these concerns. science fiction writers. much less likely to be tested and to I remain concerned that the bill’s There have been many instances of take advantage of that potentially life- penalty provisions are overbroad and genetic discrimination, from a woman saving information. will potentially subject employers to who was fired after a genetic test re- Most importantly, if individuals do punitive damages for simple paperwork vealed her risk for lung disorder, to a not participate in the clinical trials, violations. I am equally concerned that social worker who, despite outstanding we will never be able to reap the great the bill we pass today will not set a performance reviews, was dismissed be- benefits of this genetic technology. single national standard, but still leave cause some member of her family had In a 2006 Cogent Research poll, 66 per- employers subject to a patchwork of Huntington’s disease. cent of respondents said they were con- varying requirements on a State-by- Consider the case of Heidi Williams, cerned about how their genetic infor- an individual diagnosed with alpha-1 State basis. And finally, I think the mation would be stored and who would antitrypsin deficiency. In 2004, she tes- bill would be significantly improved if have access to it. we made clear that employers would tified that a large health insurance I want to thank everybody, first Dr. company had denied coverage for her not be held liable for the acquisition Collins who sequenced the human ge- two children because they were car- and use of genetic information where nome and testified before Congress at riers for the disease. such use was required or justified by GINA will make these discriminatory least 12 times, and I cannot imagine business necessity. practices illegal by prohibiting health anybody would be not be moved by his As we send this bill to the United insurers from denying coverage or testimony. He is here with us today. States Senate for consideration, I charging higher premiums to a healthy I want to thank all the committee would urge my colleagues in that body individual because of a genetic pre- members, certainly Mrs. BIGGERT who to take up and address these issues. Be- disposition, which means you may has worked so hard, and her staff; and yond that, as courts and administra- never get the disease, might happen. the three committees who have juris- tive agencies interpret and enforce GINA also bars employers from using diction here who have done so much for these laws, I would urge them to heed genetic information for hiring, firing, us. Mr. MILLER, the first thing I think the intent of Congress; namely, that job placement or promotion decisions. in January he told me this bill was this bill’s most egregious penalties In the 12 years since I first intro- coming to the floor. must be reserved for the most egre- duced this legislation, the need for it I want to thank Congresswoman gious violations of the law, and that has grown rapidly. Scientific research ESHOO for her untiring effort to help our intent is not to ensnare employers has advanced so quickly that we can- bring this, and certainly the member of acting in good faith in a legal web of not possibly afford to wait any longer. my staff who has worked so hard. penalties and damages. It offers immense potential for early It is a great day. You may not realize As I noted at the outset of my re- treatment and prevention of numerous it but it also just turns out to be DNA marks, our actions today will ensure diseases. Day. What a wonderful way to cele- that the law of the United States pro- Since the sequencing of the human brate it. tects American workers and health genome was completed in 2003, re- Seventy-two percent agreed that the gov- care consumers from discrimination on searchers have identified genetic mark- ernment should establish laws and regulations the basis of their genetic makeup, a ers for a wide variety of health condi- to protect the privacy of individuals’ genetic in- goal I think that is shared by every tions, and new progress is being made formation. And 85 percent said that without Member of this House. I urge my col- every day. amending current law, employers would use leagues to support this legislation. Fifteen percent of all cancers are this information to discriminate. Mr. GEORGE MILLER of California. found to have an inherited suscepti- Before I close, I want to reiterate the broad Mr. Speaker, I yield 51⁄2 minutes to the bility. Ten percent of adult chronic dis- support that this bill enjoys. We have over 220 gentlewoman from New York (Ms. eases, heart disease and diabetes, Democrat and Republican cosponsors behind SLAUGHTER), the Chair of the Rules America’s top killers, have a genetic this bill. Committee of the House, who has component. In past Congresses, the Senate has passed worked on this legislation for a very Already, over 15,500 recognized ge- this bill twice with unanimous support. And I long time, without whose persistence netic disorders affect 13 million Ameri- would like to thank the President who today with this bill we would not be here on cans, and each and every one of us, as issued a statement of administration policy in the floor. I said before, and it is so important for support of the bill. Ms. SLAUGHTER. Mr. Speaker, I you to know this, each and every one I want to take a moment to thank the lead thank the gentleman for yielding, and of us is in that category of carrying be- Republican cosponsor of this bill, Congress- I thank my partner, Mrs. BIGGERT, also tween 5 and 50 bad genes, or predicted woman JUDY BIGGERT for her dedication to for the hard work she has done. It has genes. They may not be so bad. this bill, along with Congresswoman ANNA taken us collectively 12 years to get to That is exactly why this bill is so im- ESHOO for being a strong advocate for this bill this point, and I want to say at the portant to all of us, not just those with over the years. outset we are not talking about some recognized disorders. There is not a I also want to thank Dr. Francis Collins for population of people who might have single person on the planet that has his support. His testimonies over the years bad genes. We are talking about us, be- perfect genes. Every one of us, and let should have swayed even the firmest unbe- cause every one of us has bad genes, be- me make that clear again, are all vul- lievers that genetics has the potential to tween 30 and 40. So this protection goes nerable to genetic discrimination. change our health care system as we know it. not just to some employee somewhere, To give you an idea of the potential Lastly, I want to thank the advocates from but all of us and the people we love. that exists from this research, consider the health and science community. Over 200 It is with great pride that I rise that a genetic test can tell a woman organizations including Hadassah support this today. As a matter of fact, I could not with a family history of breast cancer bill. stop smiling all day. With the passage if she has the genetic mutation that GINA will do more than stamp out a new of this bill, we are going to stand up for can cause it, long before the cancer form of discrimination—it will help our country the future health of our citizens and might develop. be a leader in a field of scientific research that

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 9920 E:\CR\FM\K25AP7.057 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4096 CONGRESSIONAL RECORD — HOUSE April 25, 2007 holds as much promise as any other in his- working together to make this a better been refined through the work of the tory. bill. three able committees of jurisdiction. And it will allow us to realize the tremen- I would be remiss if I did not mention The version before us includes key ele- dous potential of genetic research without the members of the Coalition for Ge- ments that were reported by the Com- jeopardizing one of the most fundamental netic Fairness, without whom this bill mittee on Energy and Commerce, and privacies that can be imagined. would not be possible. includes a useful definition change of Mr. Speaker, today is a momentous day. Finally, I would like to thank Brian the word ‘‘family member.’’ It is a fine And, I urge all my colleagues to support this Petersen of my staff and Michelle piece of legislation. bill. Adams of Ms. SLAUGHTER’s staff and all I want to pay a tribute to my friend, Mrs. BIGGERT. Mr. Speaker, I yield the outstanding staff who worked tire- Mr. BARTON, the ranking member of myself 3 minutes. lessly behind the scenes on our behalf the committee on Energy and Com- Obviously I rise in strong support of and who have put in long hours on this merce, for his cooperation on this mat- H.R. 493. I think it has been an honor legislation. ter. This is an excellent bill. It should to work with the gentlewoman from Why must we pass this bill today? pass, it should become law. My private New York (Ms. SLAUGHTER) and, I Because it dramatically reduces health guess, my dear friends, is that it will might add, work we did. care costs while saving or extending exceed, in terms of votes, 350 or 400. When the Human Genome Project human lives. I also want to express my respect and was completed in 2003, the House of affection for the gentlewoman from b 1400 Representatives recognized it as ‘‘one California (Mrs. CAPPS), who worked of the most significant scientific ac- Madam Speaker, I reserve the bal- hard on this bill. complishments of the past 100 years.’’ ance of my time. Mrs. BIGGERT. Madam Speaker, I For the first time, individuals actu- Mr. GEORGE MILLER of California. yield 31⁄2 minutes to the gentleman ally could know their genetic risk of Madam Speaker, I yield 2 minutes to from Florida (Mr. STEARNS). developing disorders such as cancer, di- the gentleman from Michigan (Mr. DIN- (Mr. STEARNS asked and was given abetes, heart disease, Parkinson’s, Alz- GELL), the chairman of the Energy and permission to revise and extend his re- heimer’s, and they could take prevent- Commerce Committee. marks.) ative measures to decrease their risks. (Mr. DINGELL asked and was given Mr. STEARNS. Let me also con- It spawned a personalized medicine permission to revise and extend his re- gratulate the authors of the bill and movement, focusing on catching dis- marks.) the fine work that they have done. We eases earlier, when they are cheaper Mr. DINGELL. I thank the gen- have had a hearing in Energy and Com- and easier to treat or, even better, pre- tleman for yielding to me. I applaud merce, where I serve, but I thought I venting the onset of the disease in the the work of the three committees that would just follow up a little bit on first place. have brought this legislation to us, and what the gentleman from Louisiana But after investing more than $3.7 the work of my good friend from Cali- talked about, a little bit about the pre- billion in taxpayer money to achieve fornia (Mr. GEORGE MILLER) as well as emption. this breakthrough, Congress walked that of the distinguished gentleman Madam Speaker, I think almost ev- away and left the job unfinished. from New Jersey (Mr. ANDREWS). I erybody in this House is for genetic We left people without any assurance want to say a word of praise for our protection from genetic discrimina- that their genetic information would colleagues from Ways and Means led by tion. There have been many bills over not be used against them. So, under- their distinguished chairman, Mr. RAN- the years that Ms. SLAUGHTER has standably, they avoided this great GEL. worked on. I think she indicated she technology, never realizing the untold On our committee, a lot of people has worked on it for 12 years. I com- health benefits and savings. worked on it very hard: Mr. PALLONE, pliment her on her perseverance. This concern even spilled over into the chairman of our subcommittee; Ms. Sometimes it takes that kind of con- NIH, where a fear of genetic discrimi- ESHOO, who worked very hard on the scientiousness to get anything accom- nation is currently the most commonly matter; and our good friend Mr. STU- plished here. The fact we are able to cited reason for not participating in re- PAK and the distinguished gentle- get this today is a success story. In search on potentially lifesaving genetic woman from Colorado, who now occu- fact, the President has indicated, I testing for breast cancer and colon can- pies the Chair, Ms. DEGETTE, who both think nationally, that he would like to cer. Fully one-third of those eligible to did a superb job in negotiating lan- sign this bill. So it is on a fast track, participate declined to do so for this guage to avoid the difficult questions and I am sure that we won’t have any reason, undermining the development associated with birth and issues relat- trouble in the suspension passing it. of new treatments and cures. ing to abortion. But one significant concern that I Mr. Speaker, today Congress is here I want to say a word of praise for the bring to the attention of my colleagues to settle some unfinished business and distinguished gentlewoman from New is a Federal preemption. I mention this provide Americans the protections York (Ms. SLAUGHTER) who did so as perhaps, as the Senate and the against genetic discrimination in much. House come together, they can solve health care insurance and employment Madam Speaker, this is an extraor- this problem. So I will continue to talk that they need to utilize genetic test- dinary bill. It prevents individuals about it. ing without fear. from employment discrimination. It According to CBO, the bill would Besides the more than 200 health ad- would make it unlawful for employers, ‘‘preempt some State laws that estab- vocacy and business organizations that employment agencies, labor organiza- lish confidentiality standards for ge- support this bill, recent surveys show tions or training programs to deny in- netic information, and would restrict 93 percent of Americans believe that dividuals the employment opportuni- how State and local governments use employers and insurers should not be ties because of genetic information. It such information in employment prac- able to use genetic information to dis- requires genetic information to be tices and in the provision of health criminate. treated as a part of the individual’s care to employees.’’ This bill will cre- With numbers like this, it should confidential medical record. In addi- ate, I think, a little bit of a problem, come as no surprise that this legisla- tion to that, it protects individuals the confusion in about the 42 States tion enjoys overwhelmingly bipartisan from insurance discrimination by pro- that currently have laws prohibiting support. And I want to take a moment hibiting insurers both in the group and discrimination based upon genetic in- to thank my good friend Ms. SLAUGH- individual markets from using genetic formation. TER, Mr. WALDEN and Ms. ESHOO. It information to determine eligibility to For example, my home State of Flor- truly has been a pleasure working with establish individual premiums based on ida is very strong with clear defini- all of them. I would also like to thank genetic information of individuals or tions. If we superimpose this bill, it Mr. MCKEON, Mr. MILLER and all the their family members. would create a lot of confusion, I other chairmen and ranking full com- The bill has been significantly think, in my State of Florida. Many mittee and subcommittee members for amended since its introduction and has exemptions occur, HIV testing, drug

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.022 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4097 testing, forensic analysis, routine One significant concern is the lack of clarity the gentlewoman from California (Ms. blood tests for current health would be over federal pre-emption. According to CBO, ESHOO) who, again, has worked so hard negated. Even more frustrating for the the bill would ‘‘preempt some state laws that to bring this legislation to the floor regulated, the operative Federal-State establish confidentiality standards for generic and helped to resolve some of the dif- relationship rule is whatever part of a information, and would restrict how state and ferences that have existed between the State law is more stringent survives. local governments use such information in em- committees, and I thank her for her The question is, who decides when that ployment practices and in the provision of work. occurs? The courts? I think that is a health care to employees.’’ GINA will create Ms. ESHOO. I thank the distin- question the Senate should look at. confusion for the 43 states that currently have guished chairman of the Education There are better approaches, but par- laws prohibiting discrimination based on ge- Committee. tial preemption is what we see here. I netic information. Madam Speaker, today is a very ex- think it should be changed. Maybe the Florida’s law, for example, is very strong, citing day. I don’t think there is any with clear definitions. If we superimpose GINA answer is across-the-board preemption, feeling that beats coming to the floor it will create a lot of confusion. Many exemp- and that is what I am recommending, and knowing that success awaits us tions—HIV testing, drug testing, forensic anal- or maybe allow States to apply for an and the American people. I think that’s ysis, routine blood tests for current health— exemption. I believe Florida and other the case today as we gather to support would be negated. Even more frustrating for States are substantially meeting this the Genetic Information Non- policy. the regulated, the operative Federal-state rela- tionship rule is whatever part of a state law is discrimination Act, known as GINA. In any event, some Federal agency Many times over the course of Amer- should at least adjudicate so that the more stringent survives. And who will decide? The courts. ican history in this Chamber, discrimi- regulated community is not subject to nation has been struck down. I believe uncertainty, fines, ultimately litiga- There are better approaches, but partial pre- emption is unsatisfactory. Maybe the answer that is what we are doing here today tion. So I asked this same question is across the board preemption. Or, maybe with this bill. When the sequencing of when we had the markup in Energy and allow states to apply for an exemption. I be- the Human Genome Project was com- Commerce. lieve Florida and other States are substantially pleted in April of 2003, it was a great, So I asked during our Energy markup meeting the policy. In any event, some Fed- great victory in the scientific commu- on March 23 about this to the staff. At eral agency should at least adjudicate so that nity. So many of us understood what that time, it was difficult to under- the regulated community is not subject to un- the implications were for our constitu- stand what their answer was. I followed certainty, fines, or litigation. ents, for the people of our Nation, and up on March 27 with a letter to Chair- I asked this in the Energy and Commerce people in the world. man DINGELL, signed along with a markup March 23. And, I followed up on Researchers identified genetic mark- Health Subcommittee ranking member March 27 with a letter to Chairman DINGELL, ers for a variety of chronic health con- NATHAN DEAL. We have not at this signed along with Health Subcommittee Rank- ditions. When they did, they threw point received a reply to this letter, ing Member NATHAN DEAL—a response to open the doors to increase the poten- and I just urge that somehow in the which has not arrived. Finally, eleven Energy tial for early treatment and prevention conference on this bill that we try to & Commerce Republicans signed Additional of numerous diseases. answer that question. Views to our Committee Report, which I re- But there was something that Finally, 11 Energy and Commerce Re- submit for the RECORD. publicans signed our views to the en- stepped in the way, and that was the Again, I support the intention of this legisla- threat of discrimination against any- ergy report, which, Madam Speaker, I tion, but would like to see pre-emption and one that subjected themselves to the make part of the RECORD, and I support other unclear issues worked out in conference. test, found that they had a gene that the intention of this legislation. It’s GINA WILL CREATE CONFUSION FOR THE 43 wasn’t perfect, which I think is the po- good. I congratulate everybody, but I STATES THAT CURRENTLY HAVE LAWS PRO- would like to see a preemption and HIBITING DISCRIMINATION BASED ON GENETIC tential of every single one of us, and as other clear issues worked out in con- INFORMATION a result of that, that their job would be ference. We have not done a complete survey but threatened, and that their health care I support protection from genetic discrimina- understand that 43 States already have pro- insurance could be dropped. What this tion, so much so I have offered my own bills grams and definitions. We would then want bill does today is to throw the doors to ask Members if they find the programs in open with a guarantee by making it il- in prior Congresses. However, this bill has, their state inadequate. If you were to super- some problems I would like resolved. legal for health plans and health insur- impose the GINA requirements on those ers to deny coverage to a healthy indi- (For the record: Many people have been re- states it will involve a lot of confusion. marking that we have been working for over a Many exemptions and clear statements re- vidual or charge a higher premium dozen years on legislation to safeguard indi- garding HIV testing, drug testing, and other based solely on genetic predisposition viduals from discrimination against due to their issues would appear to be wiped out. Even to a specific disease. genetic profile when they seek to purchase more frustrating for the regulatory commu- I could go on and on about the bill, health insurance or employment. nity the operative Federal-state relationship but the fact of the matter is, it has rule is whatever part of a state law is more well over 200 cosponsors. It is a real bi- Well, I count myself among those waiting. stringent survives. This means pieces of For, in 1995, I was proud to be named the first state law will apply while other pieces will partisan bill. Thank you to Congress- Chair of the Congressional Task Force on be preempted. This would all have to be sort- woman LOUISE SLAUGHTER for her te- Medical Records and Genetics, by then Com- ed out by the courts. We think there are bet- nacity and her belief in the effort. merce Committee Chairman Bliley. Congress- ter approaches. The worst approach is this Twelve years, that is a long time. man GENE GREEN (Committee Democrat) was partial preemption approach. For some pro- I would also like to say what a dif- my Co-chair, and together we held many grams there is across the board preemption. ference a new majority makes, because In other cases, a state is allowed to submit this bill was really blocked from com- meetings and hearings with witnesses from its program for evaluation as a whole. If the genetics community, including insurance such programs are adequate or substantially ing to the floor for full consideration. companies, the biotech and pharmaceutical in- promoting the policy, they would stay in- To Representative BIGGERT, she has dustries, and patient advocates. Indeed, one tact. We believe our States are substantially been just as tenacious as LOUISE of my proudest legislative achievements came meeting the policy and do not see the need SLAUGHTER, to all of my colleagues in the Health Insurance Portability and Ac- for disruption. In any event, some Federal that have worked on this, to the chair- countability Act of 1996 (HIPAA). In the Com- agency should at least sort out what law ap- man, Mr. GEORGE MILLER of California, plies in advance so that the regulated com- Mr. DINGELL, Mr. RANGEL, for making merce Committee markup of HIPAA, I was munity is not held hostage to more lawyers successful in adding two words to the list of and uncertainty. Joe Barton. Nathan Deal. sure that they saw this through and, protections: ‘‘genetic information.’’ It survived Michael Burgess. Steve Buyer. Barbara Ms. SLAUGHTER, of course, she slaugh- and is in the HIPAA law today. Cubin. Mike Rogers. John Shadegg. Cliff tered us all, I tell you, on this, she And, I have continued my engagement, au- Stearns. Lee Terry. Heather Wilson. Tim made sure, and to the inspirational Dr. thoring bills in the last several Congresses to Murphy. Francis Collins, who testified over and prohibit genetic nondiscrimination in health in- Mr. GEORGE MILLER of California. over again what the possibilities were surance.) Madam Speaker, I yield 21⁄2 minutes to that awaited the American people.

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.065 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4098 CONGRESSIONAL RECORD — HOUSE April 25, 2007 I pay tribute to all of you. It’s a the gentleman from New Jersey (Mr. Madam Speaker, I think that by in- great day here in the House of Rep- ANDREWS). corporating genetic testing, we can sig- resentatives. (Mr. ANDREWS asked and was given nificantly reduce the cost of chronic Mrs. BIGGERT. Madam Speaker, permission to revise and extend his re- disease, which currently accounts for may I inquire how much time remains marks.) 70 cents of every health care dollar. I on both sides? Mr. ANDREWS. I thank my friend for think the President of the United The SPEAKER pro tempore (Ms. yielding. I congratulate Chairman MIL- States understands this, and I will in- DEGETTE). The gentlelady from Illinois LER and Mr. RANGEL and Mr. DINGELL clude for the RECORD the statement of has 8 minutes remaining. The gen- for their work, and especially my administrative policy from the White tleman from California has 9 minutes friend, Congresswoman SLAUGHTER, House in favor of this legislation. remaining. and Congresswoman BIGGERT for her EXECUTIVE OFFICE OF THE PRESI- Mrs. BIGGERT. Madam Speaker, I great work. I think we should reflect DENT, OFFICE OF MANAGEMENT yield 2 minutes to a member of the En- on the great work they are achieving AND BUDGET, ergy and Commerce Committee, Dr. on this bill. Washington, DC, April 25, 2007. BURGESS. Madam Speaker, if your grandmother STATEMENT OF ADMINISTRATION POLICY Mr. BURGESS. Madam Speaker, it’s had breast cancer, you shouldn’t be de- H.R. 493—GENETIC INFORMATION NON- my feeling that this bill should have nied a job or a promotion. That’s what DISCRIMINATION ACT OF 2007 (REP. SLAUGHTER been brought to the floor under a rule this bill says. If your dad is a diabetic, (D) NY AND 224 COSPONSORS) to perhaps allow additional improve- you shouldn’t have to pay higher The Administration favors enactment of ment and amendment, as pointed out health insurance premiums. That’s legislation to prohibit the improper use of by Mr. STEARNS. There is the oppor- genetic information in health insurance and what this bill says. employment. The Administration supports tunity, perhaps in conference, to fur- When the scientific community ther improve the bill. I don’t think our House passage of H.R. 493, which would pro- comes to you and asks you to partici- hibit group health plans and health insurers work is quite done. pate in a genetic study that may hold from denying coverage to a healthy indi- One improvement that I was able to the key to unlocking the mystery of vidual or charging that person higher pre- effect in our committee, the Com- AIDS or Alzheimer’s or leukemia, you miums based solely on a genetic mittee on Energy and Commerce, is the should be able to participate fully and prediposition to developing a disease in the exclusion of title II for covered entities freely without fear that your genetic future. The legislation also would bar em- already subject to regulation under information will be unlawfully and im- ployers from using individuals’ genetic infor- HIPAA statutes, the Health Insurance mation when making hiring, firing, job properly shared with someone who placement, or promotion decisions. The Ad- Portability and Accountability Act wants to do the wrong thing with it. statutes. Dual regulation of commu- ministration appreciates that the House bill b 1415 clarifies that the bill’s protections cover un- nications, uses, disclosures and other born children. aspects and activities, subject to regu- This is a significant achievement, The mapping of the human genome has led lation, currently regulated by the De- not only in protecting the working to more information about diseases and a partment of Health and Human Serv- men and women of America from dis- better understanding of our genetic code. ices, by GINA, would have had disas- crimination, but in empowering Amer- Scientists are pursuing new diagnostics, trous consequences for coordination of ican scientists to achieve the max- treatments, and cures based on this informa- care. imum that we can from the promise of tion, but the potential misuse of this infor- We need to make clear that providing genetic medicine. mation raises serious moral and legal issues. health services is not the same as hir- Concern about unwarranted use of genetic The bipartisan effort to support this information threatens the utilization of ex- ing, firing or job promotion. Genetic bill will be vindicated year after year isting genetic tests as well as the ability to information is medical information and case after case as Americans can conduct further research. The Administra- and is not restricted under the House work freely, can avoid discrimination, tion wants to work with Congress to further bill for employer-sponsored services and as scientists can take the next step perfect this legislation and to make genetic that are covered in entities under and the next step and the next step to discrimination illegal and provide individ- HIPAA. Also, nothing in this bill af- unlock the keys to genetic medicine. uals with fair, reasonable protections fects the practice of medicine. That is So I congratulate my friends, Madam against improper use of their genetic infor- not the intention, and this is among Speaker, for their great work on this mation. the principles that I have sought to en- bill. I enthusiastically support it. I ask Madam Speaker, I reserve the bal- sure. everyone to vote ‘‘yes.’’ ance of my time. I would note that the current HIPAA I would like to note that the final version of Mr. GEORGE MILLER of California. regulations are extremely sophisti- H.R. 493 represents the input and com- Madam Speaker, I yield 2 minutes to cated. They are the result of over 5,000 promises made by 3 committees of jurisdic- the gentleman from New Jersey (Mr. communications and comments. We tion. PALLONE). are not going to trump those regula- In particular, I would like to mention 3 crit- Mr. PALLONE. Madam Speaker, I tions under title II, and that will pre- ical compromises reflected in the final bill: thank the chairman for yielding. vent the possibility for enormous dis- (1) the bill does not affect or limit the ability Madam Speaker, I rise in strong sup- ruption and adverse consequences. of health plans to provide information to their port of H.R. 493, of which I am a co- Failure to address this issue would members about the availability and benefits of sponsor. As science continues to make have been calamitous, for efforts of genetic tests, rapid advancement in the area of ge- using health information, new efforts (2) the bill is intended to supplement the netics, I cannot stress how important for using health information tech- protections afforded under HIPAA and not in- this bill is to every American citizen. nology. Medical information systems tended to prohibit practices permitted under Genetic testing has increasingly be- cannot be burdened with legal require- HIPAA unless explicitly stated, and come an integral part of the American ments that would, in effect, force com- (3) the bill is intended to provide 2 com- health care system, providing the pos- plicated segregation of genetic infor- parable but distinct causes of action for viola- sibility to develop better therapies mation from other medical informa- tions of the Act with respect to genetic infor- that are more effective against disease tion and health care, including those in mation. Health plans and insurers generally and allow individuals to take steps to employer-sponsored clinics. are subject to the requirements of the title 1. reduce the likelihood that they will Still, with all of those caveats, I will Employers, including to the extent employers contract a particular disorder. How- be voting in favor of the bill today. I do control or direct health benefit plans, are sub- ever, as knowledge of the human ge- look forward to making certain that ject to the requirements of title II of the bill. nome expands, a greater proportion of these modifications survive in con- I commend my colleagues on all 3 commit- the population will likely be identified ference and perhaps there will be the tees for their hard work to enable us to pass as carriers of mutations associated opportunity to even make things a lit- this important genetic information protection with a greater risk of certain diseases, tle bit better in that process. bill. indicating that virtually all people are Mr. GEORGE MILLER of California. Mrs. BIGGERT. Madam Speaker, I potentially victims of genetic discrimi- Madam Speaker, I yield 2 minutes to yield myself 1 minute. nation in health insurance.

VerDate Aug 31 2005 05:38 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.066 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4099 Along with the increasing prevalence I am also struck by the importance ‘‘Our health, and that of our children of genetic testing comes the growing of the partnership that is highlighted and grandchildren, depends on it.’’ fear of the potential misuse of this in- with this legislation, a partnership be- Let me just say that this bill had to formation by way of discrimination in tween this legislative body and our col- go through three committees, and that health insurance and employment. Ac- leagues in the National Institutes of is not easy, Education and Labor, Ways cordingly, we need to strengthen cur- Health and work that we should be and Means and the Energy and Com- rent laws at both the Federal and State doing together on behalf of the Amer- merce. That is no small feat. I really level in order to protect against the ican people. thank Chairman SLAUGHTER for all possibility of genetic discrimination. As Dr. Francis Collins and his won- that she did to make sure that this This bill will go a long way in making derful staff of the Genome Project have went through, and all the time she has sure that this highly private informa- taught us, the identification of genetic spent on this. It has been a great honor tion cannot be misused or abused. markers for disease is one of the most to work with her. In closing, I want to thank the pri- remarkable accomplishments sci- Again, let me thank the chairmen of mary sponsors of this legislation, par- entists have ever made. Being able to these committees and the ranking ticularly Ms. SLAUGHTER, I know how identify risks for certain conditions members for the time that they put in, long she has worked on this, along with holds such great promise for our abil- and all the Members that came down to Ms. ESHOO and others. We finally came ity to identify and practice greater pre- speak today and all the Members that together in a bipartisan fashion to ventive health care in this country. supported this as cosponsors. bring up what I think is a bipartisan The importance of preventive care to To go through the three committees, bill. They should all be commended, all our well-being and our optimum health everybody knows something about this of us should be commended for our ef- can never be overemphasized. place, but everybody wants to put their forts. I think that this could serve as a However, as with almost all great stamp on it. To come out with a bill we model for bipartisan cooperation on scientific advancements, we have also can all agree on, and, as people said, other bills. opened the door to a whole slew of un- they have some things they would still Mrs. BIGGERT. Madam Speaker, I intended consequences. Preventive like to put in, but I think being able to reserve the balance of my time. health care can be put at risk if pa- manage all of the different commit- Mr. GEORGE MILLER of California. tients decline genetic testing for fear tees, and what was their jurisdiction Madam Speaker, I yield 2 minutes to of insurance or employment discrimi- and what maybe they thought was the gentleman from Michigan (Mr. nation. We need to work together, and their jurisdiction but really was the ju- STUPAK), a member of the Energy and we will, on ways to promote ethical ge- risdiction of another committee, Commerce Committee. netic testing, coupled with appropriate makes it a very interesting process. Mr. STUPAK. Madam Speaker, I privacy protections and with measures And I think we all learned about how thank the gentleman for yielding. such as we are doing today to prevent this type of bill works. It is a very Madam Speaker, I rise in support of discrimination. technical bill, and that is why we H.R. 493, the Genetic Information Non- This bill accomplishes these goals, thank all of the 200 groups, at least 200 discrimination Act, or GINA. Con- and I am extremely proud to support groups that have worked on this bill gratulations to all who have worked it. I urge all of my colleagues to vote and been able to give us the technical for the last number of years on this ‘‘yes’’ on its passage. information that we needed to make legislation, especially Ms. SLAUGHTER. Mrs. BIGGERT. Madam Speaker, I this something that is going to save In reviewing this bill, I was con- have no further speakers, so I will yield lives. It is going to lower costs and it cerned that families may face genetic myself the balance of my time to close. also is going to find the cures for so information discrimination from test- Madam Speaker, this bill has been a many of these diseases and disorders, ing of embryos and fetuses, plus I was bipartisan bill. It has got 95 Repub- because people will be willing to go concerned about children who are in licans and 125 Democrats. GINA passed into clinical trials. So I congratulate the process of being adopted. As ge- the Education and Labor Committee, all of the people that participated. netic testing becomes increasingly Energy and Commerce Committee and Madam Speaker, I include the article common, GINA protections must be ex- the Ways and Means Committee by by Newt Gingrich for the RECORD. tended to genetic material gathered voice vote. I think that GINA is needed CONGRESS OF THE UNITED STATES, through pre-implementation genetic to maintain high-quality genetic re- Washington, DC. diagnoses, amniocentesis or other fu- search and clinical trials at NIH. It Why does Newt Gingrich Support GINA? ture techniques. passed the Senate last year 98–0, and DEAR REPUBLICAN COLLEAGUE, We wanted Together with Chairman DINGELL, the last Congress was a strong SAP for to draw your attention to this op-ed by Newt Gingrich supporting H.R. 493, the Genetic In- Ms. DEGETTE and Mr. SMITH, we were them, so when this goes to conference formation Nondiscrimination Act. It ap- able to close this loophole, which could we will see what happens this year. peared in the Washington Times on April 11, have been exploited against families on Let me just say that Newt Gingrich 2007. We urge you to vote ‘‘yes’’ when this the basis of genetic material of their said to not have this bill is to cripple legislation comes to the floor. fetuses or children in the process of our ability to save lives. I would like to Sincerely, being adopted. enter into the RECORD a statement of JUDY BIGGERT, I am proud to have worked with so his in the Washington Times, and just Member of Congress. many Members to correct the concerns to quote a little bit from it. I had on this bill. I support the passage ‘‘Without protection from genetic GREG WALDEN, Member of Congress. of this bill. discrimination, we risk missing out on Mr. GEORGE MILLER of California. the promise of personalized medicine. [From the Washington Times] Madam Speaker, I yield 2 minutes to But if we apply time-honored prin- HEALTH CARE RE-GIFTING LEGISLATION RIGHTLY AVOIDS GENETIC DISCRIMINATION the gentlewoman from California (Mrs. ciples of fairness and justice to the ge- (By Newt Gingrich and Robert Egge) CAPPS), a member of the committee. nome era, we can grant the American Mrs. CAPPS. Madam Speaker, I public the gift of better informed pa- Protecting every American from genetic thank my California colleague for discrimination is a long overdue gift to the tients, better equipped providers, an nation. After 12 years of debate, Congress is yielding me time. enhanced biotech industry, improved at last poised to deliver this gift. Madam Speaker, I also rise in strong health and lives saved. The sequencing of the human genome is support of H.R. 493, and I commend my ‘‘Let’s not withhold this gift any leading to revolutionary advances in our un- colleagues, the Congresswomen who longer. Let’s empower all Americans to derstanding of the causes of disease. Four have been acknowledged, SLAUGHTER, embrace the possibilities of personal- years after completing the Human Genome ESHOO, BIGGERT and others who per- ized medicine for better health, and Project, we are witnessing the dawn of the sisted over the years to bring this leg- let’s commend the forward-thinking bi- era of personalized medicine. The discovery of genetic variants that con- islation to the floor, and acknowledge partisanship of the 110th Congress that tribute to risk of common diseases will con- that the Caucus for Women’s Studies of has brought us to the threshold of a tinue to grow rapidly during the next few the 110th Congress has made the pas- world where Americans can embrace years, offering better opportunities for indi- sage of this its highest priority. personalized medicine without fear. vidualized, preventive medicine. Already,

VerDate Aug 31 2005 05:11 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.069 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4100 CONGRESSIONAL RECORD — HOUSE April 25, 2007 health-care providers can test for DNA pat- Madam Speaker, I would just want to derstand that current statute treats long-term terns that predispose some of us to cancer, join in thanking all of the Chairs and care insurance differently. and soon this will be possible for diabetes, the ranking members of the three com- Regardless of the bill’s original intent, the heart disease and other common diseases. Doctors will also soon be able to prescribe mittees and the subcommittees, and fact remains that the long-term care exclusion medicines and treatments based on our own clearly LOUISE SLAUGHTER, our col- in this bill would allow a long-term care insurer individual genetics. Pharmacogenomics will league from New York, who has worked to discriminate against an individual on the better equip doctors to give the right medi- so hard on this legislation so very long, basis of genetic information. If an individual cine to the right patient at the right dose and JUDY BIGGERT also, and ANNA determines that she is at high-risk for devel- and, by avoiding giving treatments to pa- ESHOO. oping Alzheimer’s disease, the next obvious tients who would suffer a negative reaction, Given the importance of this legisla- step is to plan her future care for Alzheimer’s, save both lives and money. The arrival of this new era, however, is tion, it is hard to believe it has been including the purchase of long-term care insur- being delayed by widespread public fear of stuck in the Congress of the United ance. Despite all of the good intentions in this genetic discrimination. Individuals worry States for 10 years, but it has been. legislation, the bill would allow long-term care that genetic predisposition to a particular Maybe our reporting it today off of the insurance underwriters to refuse to cover her disease will deny them access to health care floor is a tribute to a fresh start. or charge her higher premiums for a disease of employment. These fears are not unwar- This is a very, very important piece she has yet to develop and may never de- ranted. This issue affects all of us; there are no perfect specimens at the DNA level. Each of legislation to the health of the Na- velop. of us carries gene variants that increase risk tion and to the world. The advocacy of As a Congress that continues to encourage of developing one disease or another, each of LOUISE SLAUGHTER has reminded us al- Americans to plan for their future, we should us is at risk for genetic discrimination. most every day in those 10 years what ensure that future legislation extends the pa- A recent independent survey conducted by we were missing by not passing this tient protections inherent in this bill to con- the Genetics and Public Policy Center legislation and making it available so sumers who want to plan for their future and showed that more than 90 percent of Ameri- purchase long-term care. With that, Madam cans support the use of genetic testing by that we could get on with the wonder- doctors to identify a person’s risk for future ful discovery and the wonderful help Speaker, I am pleased to support this impor- disease. But nearly all Americans (93 per- that could be provided to individuals, tant legislation and encourage my colleagues cent) believe that health insurers should not to their families and to our commu- to vote for its passage. be able to use genetic test results about in- nities. And the National Institutes of Mr. PAUL. Madam Speaker, the supporters creased risk of future disease to deny or Health is to be commended, with all of of H.R. 493, the Genetic Information Non- limit insurance or charge higher prices. the assistance they provided and all of discrimination Act, are right to be concerned Similarly, 93 percent felt that employers over the possibility that third parties, such as should not be able to use genetic information the information provided to this Con- to make hiring or promotion decisions. gress. the government or potential employers, will ac- Not only do these fears discourage Ameri- With that, I also want to thank the cess an individual’s genetic information with- cans from using genetic tests that could per- staffs of the three committees on both out consent, and use that information to deny sonally benefit them, but they risk delaying sides of the aisle for all of their work. an individual health insurance or other bene- the arrival of new medical breakthroughs. At They put in a lot of hours to get this fits. I have long advocated repealing govern- the National Institutes of Health, fear of ge- ment laws and polices that allow third parties netic discrimination is the most commonly resolved so that we could come to the cited reason for declining to participate in floor and work over the differences to access personal information. For example, research that includes potentially lifesaving that were there sometimes between the I have worked to repeal the provision of Fed- genetic tests for cancer; over one-third of el- committees. eral law giving the Federal Government the igible participants decline on this basis. Mr. GENE GREEN of Texas. Madam power to assign every American a ‘‘unique In the past, lawmakers have come close to Speaker, I rise in support of H.R. 493, the Ge- medical health identifier.’’ I also support re- providing Americans the protections they pealing the phony ‘‘medical privacy’’ regula- seek. Two years ago, with the support of the netic Information Non-Discrimination Act. Bush administration, the Senate passed the The sequencing of the human genome was tions that give law enforcement officials and Genetic Information Nondiscrimination Act an amazing scientific advancement, and has state-favored private interests the right to ac- of 2005 by a 98–0 vote. Progress in the House contributed to the rise of genetic testing to in- cess medical records at will. was slower. Despite 244 cosponsors, including form patients of their proclivity for disease. Because of the Federal Government’s poor 117 Republicans, the bill never came to a Thanks to genetic testing, individuals with a record in protecting privacy, I do not believe House vote in the 109th Congress. risk of an illness can take precautionary steps the best way to address concerns about the In this Congress, the 110th, House and the Senate champions have taken up genetic ahead of time to ward off disease, which will misuse of genetic information is through intru- nondiscrimination with even greater deter- contribute to lower health care costs over sive Federal legislation. Uniform Federal man- mination. All the House and Senate commit- time. dates are a clumsy and ineffective way to deal tees involved have already held hearings on As we take advantage of this scientific with problems such as employers making hir- the bill, and the leadership has signaled a progress, however, it is critical that we protect ing decisions on the basis of a potential em- commitment to moving S 358 and HR 493 to individuals from any discrimination that could ployee’s genetic profile. Imposing Federal a vote. President Bush has strongly restated result from the information these tests reveal. mandates on private businesses merely raises his support. The time is right to put the the costs of doing business and thus reduces needed protections in place. The results should not be used by health in- Without protection from genetic discrimi- surers to deny anyone coverage or increase the employment opportunities for all citizens. A nation, we risk missing out on the promise their premiums because of a pre-disposition to much better way to eliminate irrational dis- of personalized medicine. But if we apply a certain disease. Likewise, the results should crimination is to rely on state and local regula- time-honored principles of fairness and jus- not be used by employers to discriminate tion. Unlike the Federal Government, states tice to the genome era, we can grant the against employees based on their predisposi- and localities are able to tailor their regulations American public the gift of better-informed tion to disease. to fit the needs of their particular populaces. I patients, better-equipped providers, an en- hanced biotech industry, improved health I am proud to be a co-sponsor of this legis- would remind my colleagues that 34 states and lives saved. lation, which our colleagues Ms. SLAUGHTER currently ban genetic discrimination in employ- Let’s not withhold the gift any longer. and Mrs. BIGGERT have been working on for ment, while 46 states forbid health insurers Let’s empower all Americans to embrace the over a decade now. The health care market- from engaging in genetic discrimination. Clear- possibilities of personalized medicine for bet- place has changed significantly since the bill’s ly, the states are capable of addressing this ter health. And let’s commend the forward- original introduction, and important changes issue without interference from Washington. thinking bipartisanship of the 110th Congress were made to the bill during the 108th Con- My colleagues should also remember that that has brought us to the threshold of a world where Americans can embrace person- gress to refine the bill’s definitions and scope. Congress has no constitutional authority to for- alized medicine without fear. During the Energy and Commerce Commit- bid private sector employers from making hir- Our health, and that of our children and tee’s consideration of the bill, we learned ing or other employment decisions on the grandchildren, depends on it. about one segment of the health care market- basis of genetic information. Madam Speaker, I yield back the bal- place that was excluded from the bill’s protec- The best way to address the sponsors of ance of my time. tions—the long-term care insurance market. H.R. 493’s legitimate concerns is to put indi- Mr. GEORGE MILLER of California. The bill sponsors and supporters all agreed viduals back in control of the health care dol- Madam Speaker, I yield myself the bal- that this bill was never intended to regulate lar. When individuals control the health care ance of my time. the long-term care insurance market, and I un- dollar they, not their employers, insurance

VerDate Aug 31 2005 05:11 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 9920 E:\CR\FM\A25AP7.044 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4101 companies or Health Maintenance Organiza- Cystic Fibrosis Foundation, The National or from their employer if they get genetic test- tions, can make all health care decisions, in- Workrights Institute, the Religious Action Cen- ing done, none of the medical advances that cluding whether or not to share individual ge- ter for Reform Judaism, Rett Syndrome Re- are possible will be achieved. We simply must netic histories with a potential employer, in- search Foundation, the Spina Bifida Associa- move forward in this critical area of science, surer, or other third party. Therefore, instead tion of America and many others. which is why I urge passage of this legislation. of creating more Federal regulations and bu- Madam Speaker, it is long past time for the Mr. GEORGE MILLER of California. reaucracies, my colleagues should increase Genetic Non-Discrimination Act to become Madam Speaker, with that, I yield individual control of health care by passing law. I urge my colleagues to vote for this im- back the balance of my time. legislation expanding Health Savings Accounts portant legislation, which will protect the rights The SPEAKER pro tempore. The and individual health care tax credits and de- of American workers and their families. question is on the motion offered by ductions. Mr. STARK. Madame Speaker, I am the gentleman from California (Mr. Mr. HOLT. Madam Speaker, I rise today in pleased that we are finally passing the Ge- GEORGE MILLER) that the House sus- strong support of H.R. 493, the Genetic Non- netic Information Nondiscrimination Act. pend the rules and pass the bill, H.R. Discrimination Act (GINA). As a cosponsor of This is a bill that has languished in Con- 493, as amended. this important legislation since I first came to gress more than a decade. The Senate has The question was taken. Congress, I am delighted that it is finally being twice passed earlier versions of this bill with The SPEAKER pro tempore. In the considered by the House of Representatives. unanimous votes, but the House has always opinion of the Chair, two-thirds being As humans, we have a genetic destiny that blocked action. in the affirmative, the ayes have it. we cannot control. The genes we are born It’s good to see that times have changed. Mr. GEORGE MILLER of California. with are the genes we will die with, and it is Members from both sides of the aisle—as well Madam Speaker, on that I demand the wrong for any employer to fire, refuse to hire, as the President support the bill before us. yeas and nays. or deny insurance to an employee based on As I hope most of you know, this bill does The yeas and nays were ordered. that individual’s genetic composition. It is un- something very simple, but something very im- The SPEAKER pro tempore. Pursu- conscionable for employers to require their portant as well. It protects people’s genetic in- ant to clause 8 of rule XX and the employees to submit to a genetic test or to se- formation and family history from being used Chair’s prior announcement, further cretly obtain genetic information, only to use by health plans or employers to discriminate proceedings on this question will be the genetic information against the employees. against them. Enactment of this law is critical postponed. The Human Genome Project was created to to protect patients and for genetic science to f provide a genetic map of the human body to advance. aid the scientific and medical communities in Recent breakthroughs in medical science COMMUNICATION FROM THE HON- their fight against some of the most insidious have made genetic testing available to more ORABLE JOHN E. PETERSON, diseases and afflictions suffered by humanity. patients, but with these breakthroughs comes MEMBER OF CONGRESS It is a great irony and a tragedy that this re- the fear that patients may be discriminated The SPEAKER pro tempore laid be- search is now being used as justification to against by insurance companies and/or em- fore the House the following commu- ployers if they are pre-disposed to suffer from fire or refuse to hire employees who have no nication from the Honorable JOHN E. a disease or other condition. control over their genetic destinies. PETERSON, Member of Congress: As a member of the Education and Labor We are here today to make sure that pa- Committee, I participated in hearings on GINA tients can undergo genetic tests which could CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, which highlighted the existing loopholes in fed- help with treatments or cures without fear that Washington, DC, April 25, 2007. eral and state laws protecting an individual’s the results will keep them from affordable, reli- Hon. NANCY PELOSI, health information. Lacking a strong and clear able health care. Speaker, of the House of Representatives, national law prohibiting genetic discrimination, This legislation is an overdue and important Washington, DC. employees have been fired or denied insur- step toward ensuring that our laws governing DEAR MADAM SPEAKER: This is to formally ance coverage based on this most personal of patient rights are as current as the latest med- notify you, pursuant to Rule VIII of the information. ical technology. Rules of the House of Representatives, I have Today, the House will act to end genetic I urge strong support for this bill. been served with a judicial subpoena for doc- Mr. SHAYS. Madam Speaker, as an original uments issued by the United States District discrimination in hiring and firing decisions. Court for the Middle District of Pennsyl- GINA will protect prospective and current em- cosponsor of H.R. 493, I rise in strong support vania. ployees from discrimination based on a ge- of this legislation and am grateful we are fi- After consulting with the Office of General netic predisposition regardless of what state nally considering it. The objective of this bill is Counsel, I have determined that compliance they live in. It will provide strong protections to simple: preventing both health insurance com- with the subpoena is consistent with the those individuals who may suffer from actual panies and employers from using genetic in- privileges and rights of the House. genetic discrimination now and in the future. formation to discriminate against individuals. Sincerely, This legislation would pose a nominal cost to In the past decade, science has made re- JOHN E. PETERSON, Member of Congress. employers, but provide priceless protections markable advances on the human genome. for American workers and peace of mind for Genetic tests are already available to measure f their families. an individual’s likelihood of developing specific PROVIDING FOR CONSIDERATION New Jersey, along with 32 other states, al- diseases. In fact, soon every individual will OF H.R. 1332, SMALL BUSINESS ready prohibits genetic discrimination in deci- have a genetic profile available that predicts LENDING IMPROVEMENTS ACT sions on hiring, firing, or benefits. However, the diseases for which they are more at risk, OF 2007 only 25 states prohibit employers from requir- and what side effects to which they are more ing genetic information from their employees. susceptible. These genetic advances will Mr. ARCURI. Madam Speaker, by di- Worse yet, only 10 states prohibit employers make health care pre-emptive and ultimately rection of the Committee on Rules, I from obtaining genetic information or genetic save the health care system—and con- call up House Resolution 330 and ask tests of employees through any means. sumers—money. for its immediate consideration. This vital legislation is supported by more While these advances hold amazing poten- The Clerk read the resolution, as fol- than 200 groups and associations including: tial, they also hold potential for abuse. For ex- lows: the Hereditary Disease Foundation, the Amer- ample, health insurance companies could H. RES. 330 ican Association for the Advancement of charge higher rates—or even deny cov- Resolved, That at any time after the adop- Science, the American Jewish Congress, the erage—to individuals who are determined to tion of this resolution the Speaker may, pur- American Association of People with Disabil- be at higher risk for certain disease or ill- suant to clause 2(b) of rule XVIII, declare the ities, the American Society of Human Genet- nesses. Similarly, employers could screen ap- House resolved into the Committee of the ics, the March of Dimes, the NAACP, the Na- plicants for certain positions based on their Whole House on the state of the Union for consideration of the bill (H.R. 1332) to im- tional Fragile X Foundation, the National He- genetic make-up to get the individuals least prove the access to capital programs of the mophilia Foundation, the National Council of likely to develop diseases. Small Business Administration, and for La Raza, Citizens for Quality Sickle Cell Care, Our laws need to keep pace with medical other purposes. The first reading of the bill the Coalition for Genetic Fairness, the Cor- advancement. If Americans are afraid of ret- shall be dispensed with. All points of order nelia de Lange Syndrome Foundation, the ribution from their health insurance company against consideration of the bill are waived

VerDate Aug 31 2005 05:38 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.035 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4102 CONGRESSIONAL RECORD — HOUSE April 25, 2007 except those arising under clause 9 or 10 of minority member of the Committee on Despite an abundance of health pro- rule XXI. General debate shall be confined to Small Business. The rule makes in fessionals, New York State has 102 the bill and shall not exceed one hour equal- order the substitute reported by the communities designated by the Federal ly divided and controlled by the chairman Committee on Small Business as an Government as Health Professional and ranking minority member of the Com- mittee on Small Business. After general de- original bill for purpose of amendment. Shortage Areas. Only 16 percent of the bate the bill shall be considered for amend- The rule makes in order all four ger- physicians practicing in New York pro- ment under the five-minute rule. It shall be mane amendments that were submitted vide services in these medically under- in order to consider as an original bill for the to the Rules Committee. And finally, served areas. According to the Depart- purpose of amendment under the five-minute the rule provides one motion to recom- ment of Health and Human Services, rule the amendment in the nature of a sub- mit, with or without instructions. the district I am privileged to rep- stitute recommended by the Committee on Madam Speaker, this bipartisan leg- resent is short nearly 70 dental, pri- Small Business now printed in the bill. The islation, crafted under the leadership of mary care and mental health practi- committee amendment in the nature of a substitute shall be considered as read. All my colleague from New York, chair- tioners. Further, a handful of counties points of order against the committee woman of the Small Business Com- I represent don’t even have a resident amendment in the nature of a substitute are mittee, Ms. VELA´ ZQUEZ, maintains sup- OB/GYN, forcing thousands of women waived except those arising under clause 9 or port of a wide range of organizations, to travel 40 to 50 miles just to seek rou- 10 of rule XXI. Notwithstanding clause 11 of including the Independent Community tine care. rule XVIII, no amendment to the committee Bankers of America, the American Madam Speaker, this problem is not amendment in the nature of a substitute Dental Association, the American Vet- confined to upstate New York. Over 60 shall be in order except those printed in the erans, and American College of Physi- report of the Committee on Rules accom- million Americans currently live in panying this resolution. Each such amend- cians. medically underserved areas across the ment may be offered only in the order print- Small businesses are the backbone of country. The Small Business Lending ed in the report, may be offered only by a the American economy. In my home Improvements Act will address this Member designated in the report, shall be State of New York, 99 percent of all critical shortage by establishing a 7(a) considered as read, shall be debatable for the businesses are small businesses, and loan program that reduces lender and time specified in the report equally divided they employ 52 percent of the nonfarm, borrower fees by half and increases the and controlled by the proponent and an op- private sector workforce. In 2005, an es- government guarantee to 90 percent of ponent, shall not be subject to amendment, timated 62,000 new small firms began the doctors and dentists serving Health and shall not be subject to a demand for divi- operations in New York, creating $77 sion of the question in the House or in the Professional Shortage Areas. Committee of the Whole. All points of order billion in entrepreneurial income for These financial incentives are crit- against such amendments are waived except the State of New York. ical to encouraging private health care those arising under clause 9 or 10 of rule XXI. In my district and across this coun- providers to establish practices in un- At the conclusion of consideration of the bill try, Americans depend on small busi- derserved areas and to expand access to for amendment the Committee shall rise and nesses to drive the economy and pro- quality health care for millions of report the bill to the House with such vide essential everyday services. Sadly, Americans. amendments as may have been adopted. Any it is a constant struggle for many of Member may demand a separate vote in the Madam Speaker, this legislation will these entrepreneurs just to keep the also ensure that our returning service- House on any amendment adopted in the lights on, as larger companies continue Committee of the Whole to the bill or to the men and women are afforded every op- committee amendment in the nature of a to push out the mom and pop busi- portunity to start or expand a small substitute. The previous question shall be nesses in the cities and towns across business by establishing a dedicated considered as ordered on the bill and amend- the country. 7(a) loan program for veterans. ments thereto to final passage without inter- My constituents in upstate New York vening motion except one motion to recom- have experienced this loss firsthand. I An estimated 900 of New York’s Re- mit with or without instructions. am proud to have the opportunity, as a servists currently deployed in Iraq and SEC. 2. During consideration in the House member of the distinguished Rules Afghanistan are self-employed, and an- of H.R. 1332 pursuant to this resolution, not- Committee, to manage this rule for other 100 are considered key employees withstanding the operation of the previous within small businesses. The absence of question, the Chair may postpone further such an important piece of legislation for our Nation’s small businesses. these men and women during 12- or 15- consideration of the bill to such time as may month deployments often forces the be designated by the Speaker. The Small Business Lending Im- provements Act will help strengthen small businesses they own to operate b 1430 our Nation’s small businesses by updat- at greatly reduced levels, at times de- The SPEAKER pro tempore. The gen- ing and streamlining two of the Small clining to near startup conditions by tleman from New York is recognized Business Administration’s largest fi- the time the owner returns. An absence for 1 hour. nancing programs, the 7(a) and 504 loan due to deployment is most detrimental Mr. ARCURI. Madam Speaker, for programs. to the smallest towns where many Re- purposes of debate only, I yield the cus- This bill will make the 7(a) program serve and Guard members operate busi- tomary 30 minutes to the gentleman more affordable for both borrowers and nesses essential to the community. from Washington (Mr. HASTINGS). All lenders by reducing fees and increasing The Small Business Lending Im- time yielded during consideration of the SBA guarantee on 7(a) loans. It will provements Act will help address the the rule is for debate only. also modernize the 504 Certified Devel- obstacles faced by small business own- GENERAL LEAVE opment Company Program by improv- ers deployed in Iraq and Afghanistan Mr. ARCURI. Madam Speaker, I ask ing the ability of CDCs to liquidate de- by eliminating borrower and lender unanimous consent that all Members faulted loans and by requiring their fees and increasing to 90 percent the be given 5 legislative days in which to local community leaders be included government guarantee for loans to vet- revise and extend their remarks on on every CDC board of directors. And it erans under the 7(a) program. House Resolution 330. will make permanent the Community According to American Veterans Na- The SPEAKER pro tempore. Is there Express Program, providing increased tional Commander Thomas C. McGriff, objection to the request of the gen- access to capital for socially and eco- ‘‘These lenders fees, which can amount tleman from New York? nomically disadvantaged small busi- to thousands of dollars, are due up There was no objection. ness owners. front and can deter entrepreneurs from Mr. ARCURI. Madam Speaker, I yield This bill also establishes two impor- seeking financial assistance alto- myself such time as I may consume. tant new 7(a) loan programs, one to en- gether.’’ House Resolution 330 provides for courage private health care providers Madam Speaker, by creating a lender consideration of H.R. 1332, the Small to establish practices in federally des- structure tailored specifically for vet- Business Lending Improvements Act of ignated Health Professional Shortage erans, this bill will encourage entrepre- 2007 under a structured rule. The rule Areas, and one to assist our Nation’s neurship and help to repay the enor- provides 1 hour of general debate con- veterans in starting or expanding a mous debt we owe to our brave men trolled by the chairman and ranking small business. and women in uniform.

VerDate Aug 31 2005 05:11 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.039 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4103 Madam Speaker, it is our Nation’s the enhanced section 179 small business officials to treat small businesses small businesses that keep our Na- expensing allowance. In 2007 the max- owned by service-disabled veterans tion’s economy moving full speed imum allowance will be $112,000. But in under the same rules as those applied ahead. Let’s take this opportunity to 2010, this maximum amount will plum- to businesses in SBA’s 8(a) program. provide further encouragement for the met to $25,000 without an extension of Under House Resolution 330, Members creation of new small businesses and the current law. are denied the opportunity to consider for our Nation’s existing small business I am disappointed that the Democrat a full range of ideas on this floor to the owners to expand. majority has chosen not to provide Small Business Lending Improvement I am proud to support this bipartisan small businesses more significant tax Act. legislation and encourage my col- relief in a form that has an oppor- Accordingly, Madam Speaker, I urge leagues on both sides of the aisle to do tunity to become law. We cannot afford my colleagues to vote against the pre- the same. to halt our Nation’s economic growth vious question and against House Reso- Madam Speaker, I reserve the bal- and job creation opportunities by let- lution 330. ance of my time. ting small business tax relief policies Mr. MCGOVERN. Madam Speaker, let Mr. HASTINGS of Washington. expire and become part of the Demo- me say at the outset that I always Madam Speaker, I want to thank the crats’ proposed largest tax increase in enjoy listening to my colleague from gentleman from New York (Mr. American history. Washington State, Mr. HASTINGS, both ARCURI) for yielding me the customary Congress must also act to provide on the floor and in the Rules Com- 30 minutes, and I yield myself as much regulatory relief and make health care mittee. time as I may consume. more affordable for small business em- I want to respond to a couple of (Mr. HASTINGS of Washington asked ployees and the self-employed. things he said. He talked about the and was given permission to revise and Madam Speaker, because of the way Democrats and taxes. Let me remind extend his remarks.) health insurance is priced and regu- him that the biggest tax increase that Mr. HASTINGS of Washington. lated, small businesses usually pay is looming that could impact small Madam Speaker, the Small Business more for similar coverage than larger businesses is the alternative minimum corporations, and I think this is simply Administration was originally created tax, or so-called AMT. And the Demo- unfair. It is currently estimated that 60 to assist small businesses which are cratic majority is actually working on percent of those without health insur- vital sources of job creation and eco- a solution so that millions of Ameri- ance work for or depend on small em- nomic growth here in America, but are cans won’t be unfairly burdened with ployers who lack the ability to provide often disadvantaged when it comes to that tax. That is an issue that, when health benefits for their workers. access to capital. the gentleman’s party was in the ma- The Small Business Administration’s The high cost of health insurance prevents many small business owners jority, they chose not to deal with. And two largest small business finance pro- the Democrats will deal with that. grams, the 7(a) loan guarantee program from providing health insurance to their employees, and we must look for Let me say one other thing, Madam and the 504 loan program, have assisted Speaker. It is always interesting to thousands of small businesses every ways to make health care more afford- able. One way is to expand Health Sav- hear the gentleman from Washington year that otherwise would not have at- ings Accounts so that individuals can complain about the rule. tained a commercial loan for the pur- choose a health plan that best meets 1445 pose, amount and on the terms that b their needs. Health Savings Accounts small business borrowers need. Let me state for my colleagues, both allow individuals to make their own The Small Business Lending Im- Democrat and Republican, that every decisions about their health care, while provement Act enhances and stream- single germane amendment that was building, at the same time, savings tax lines these finance programs and offered to this bill was made in order free to pay for future medical expenses. by the Rules Committee. That is some- makes the 7(a) program more afford- Another way to make health insur- thing that very rarely happened when able and accessible to borrowers and ance more affordable and accessible is the gentleman’s party was in the ma- lenders by providing the Small Busi- to allow small businesses to join to- jority. So I think this is a good rule. ness Administration with the author- gether to use the marketplace to buy He complains that a nongermane ity to use funds to reduce fees on both health insurance as a group. This amendment was not made in order, one lenders and borrowers. This bill en- would provide small businesses with that deals not with the issue of loans, courages increased lender participation greater bargaining power and lower which the underlying bill deals with, in the 7(a) program by reducing appli- health plan costs that larger compa- but instead the Buyer amendment cation burdens for borrowers and lend- nies now often afford. ers in rural areas and expediting the We must also provide fairness to self- deals with contracting. And the gen- loan consideration time. employed individuals who purchase tleman says that we need to do this for This bill was favorably reported by their own health insurance, but yet are our veterans. Well, I want to do all we the Committee on Small Business by a treated differently under the U.S. Tax can for our veterans, and maybe in the voice vote, and it enjoys strong bipar- Code than those who receive health in- right vehicle we can deal with that tisan support. surance benefits from their employer. issue. But I also want to point out to Madam Speaker, our Nation’s small So I call on this new majority to my colleagues here in Congress that businesses are the engine that drives bring forth legislation to the House when the gentleman’s party was in our economy. Small business rep- floor that not only makes improve- control, veterans health and veterans resents 99.7 percent of all employers ments to small business lending pro- benefits were woefully underfunded. I and have generated 60 to 80 percent of grams, as this bill does, but that pro- mean, we are dealing with scandals at new jobs annually over the last decade. vides real tax and regulatory relief to Walter Reed. We are dealing with scan- Clearly, we must act to help our Na- small businesses and makes health in- dals all over the country dealing with tion’s small businesses continue to surance more accessible. veterans health because of the inad- grow and create job opportunities. Madam Speaker, I am disappointed equacy of the funding that came out of While I support the underlying Small that this House Resolution 330 is a the Republican majority, budget after Business Lending Improvement Act, structured rule. I am even more con- budget after budget after budget. more must be done to help small busi- cerned that an amendment offered by The Democrats take control and have nesses overcome the challenges they my colleague from Indiana, Mr. BUYER, literally pumped billions of dollars face. Congress must act quickly to con- the ranking member of the Committee more into veterans programs, including tinue tax incentives for small business on Veterans’ Affairs, was not made in veterans health programs. And I will expenses that spur job creation and order by the Rules Committee. In fact, say to the gentleman from Washington grow the economy. it was rejected by the Democrat major- that today he will have the oppor- In the last Congress, I supported the ity on a party line vote. tunity, in the conference report on the Tax Increase Prevention and Reconcili- Mr. BUYER’s thoughtful amendment supplemental appropriations bill, to ation Act, which extended through 2009 would authorize Federal contracting vote for a conference report that adds

VerDate Aug 31 2005 05:11 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.074 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4104 CONGRESSIONAL RECORD — HOUSE April 25, 2007 even billions of dollars more to help prepared to yield back, I will make my Madam Speaker, as I mentioned, the our veterans. So if people are con- closing statement and then yield back. Rules Committee met yesterday, and cerned about helping our veterans, Mr. MCGOVERN. I am going to wait they rejected, on a party-line vote, then they will have an opportunity this with bated breath while the gentleman making it in order. afternoon to vote that way. gives his closing statement. I have no Madam Speaker, I ask unanimous Mr. HASTINGS of Washington. further requests for time. consent to insert the text of the Madam Speaker, will the gentleman Mr. HASTINGS of Washington. amendment and extraneous material yield? Madam Speaker, I yield myself the bal- into the RECORD immediately prior to Mr. MCGOVERN. I am happy to yield ance of my time. the vote on the previous question. to the gentleman. Let me respond. I appreciate at least The SPEAKER pro tempore (Ms. Mr. HASTINGS of Washington. the short time that the gentleman DEGETTE). Is there objection to the re- Madam Speaker, I appreciate the gen- yielded to me. I wish I could have made quest of the gentleman from Wash- tleman’s yielding. my point, but I will finish making it ington? Let me first talk about the issue of here. There was no objection. the structured rule and about Mr. And that is if we had had an open Mr. HASTINGS of Washington. BUYER’s amendment, which I am going rule, Mr. BUYER could have come to the Madam Speaker, I yield back the bal- to call for a vote on the previous ques- floor and attempted to offer his amend- ance of my time. tion so we can rectify what we didn’t ment. Somebody would have probably Mr. MCGOVERN. Madam Speaker, I do in Rules last night, and that is sim- raised the germaneness issue under a yield myself such time as I may con- ply this: The Rules Committee exists point of order, and I have all the con- sume. Madam Speaker, let me begin by re- to make rules for debate on the floor of fidence in the world that the Speaker sponding to a couple things the gen- this House. We, on a regular basis, would have ruled it out of order be- tleman from Washington said. waive the rules for whatever. In fact, cause that is what the rules are. But now, because we have established First of all, on the issue of veterans we are going to have the supplemental a policy here of going through struc- funding, I don’t know too many people budget on the floor, and line 1 of that tured rules, we want to give every who will get up and say that the fund- supplemental rule talks about waiving Member in this body an opportunity to ing under the previous majority for rules. see if we should have this amendment veterans was anywhere near adequate. So the point is this: If we had had an considered that allows for disabled vet- The fact of the matter is we have more open rule, as I suggested last night, Mr. erans who have businesses to be treat- and more veterans each and every day BUYER could have offered his amend- ed as others would under that section as a result of the wars that we are in- ment. of the SBA Act. volved with. The number of disabled Mr. MCGOVERN. Madam Speaker, I The second point I want to make in veterans has gone up, and we have seen would like to reclaim my time, if I response to my friend’s talking about the direct impact of underfunding vet- may. tax relief, he talked about this major- erans health with the terrible tragedy What the gentleman knows full well ity’s attempt, and I think he used the at Walter Reed and so many of our is that even with an open rule, the word ‘‘attempt,’’ or intention to ad- other hospitals. Buyer amendment would still not be dress the AMT. I agree it needs to be That is one of the reasons why, when germane and subject to a point of order addressed. There is a huge cost, as the the Democratic majority took over by any Member of this House. I mean, gentleman knows; so we, in the past this place in January, one of the first we have germaneness rules for a rea- Congresses, have addressed it. But the items of business was to increase vet- son. tax relief issues that I was talking erans health. And in the conference re- Let me also point out another inter- about in my remarks are already in port on the supplemental appropria- esting fact that I think my colleagues place. They are already in place. They tions bill that is coming before us should remember. The gentleman from have been acted on. They were voted today, there are billions of dollars Wisconsin (Mr. OBEY), during the last on, and the American people have en- more for veterans health. If you want Congress, time and time and time joyed the tax relief. And they are going to help veterans, vote for the money. It again went before the Republican Rules to go away if the majority follows at is not about rhetoric; it is about ac- Committee asking for a waiver on an least the proposed budget that was tion. amendment that would repeal the tax passed by this body. It would result in Secondly, in terms of fiscal policies, cut for the top 1 percent income earn- the largest tax increase in American I think there was a reason for the re- ers in this country, the multibillion- history, not only in the one that I cited sult in the last elections. I think Amer- aires, if you will, so that those savings but in others. icans, Democrats and Republicans, could be put into veterans programs. So with that, the last thing I would were horrified with the fiscal policies He needed a germaneness waiver. Time like to mention to my friend, because of the previous Republican majority. and time and time again, the Repub- he talked about veterans funding, we We went from huge surpluses under lican Rules Committee denied him the not only dealt with and resolved the Bill Clinton and a huge economic boom right to offer that amendment. concurrent receipt issue, but in the under Bill Clinton to now record defi- Now, I guess my point is that it is a last 6 years, veterans funding has in- cits. We have the largest debt in the little bit curious that the gentleman creased by 50 percent. We all know that history of our country. And I think voted routinely to uphold the germane- it is important that veterans get their most Americans, no matter what their ness rules with regard to amendments due care because of what they have party affiliation is, have been justifi- to help veterans in the past, but now given us and our freedoms. So I just ably horrified by that result. They somehow is complaining that we need a want to set the record straight that in want a change. They want fiscal re- different standard now that they are in the last 5 years, there has been a great sponsibility. That is why we are back the minority. deal of increase. to pay-as-you-go, and that is why we Madam Speaker, I would simply say So we will be asking to vote, Madam are for responsible tax relief. And that that this is a fair rule. Every germane Speaker, on the previous question. I is what the Democratic majority is amendment that was offered is made in will be asking for a ‘‘no’’ vote so that going to pursue. order. Anybody could have offered an I can amend this rule to allow the Madam Speaker, the Small Business amendment. And this is something House to consider an amendment of- Lending Improvements Act will go a that was very rarely afforded to us fered by Mr. BUYER and provide the ap- long way towards strengthening our when we were in the minority. And I propriate waivers. As I stated before, Nation’s small businesses by estab- think it is a good rule. the Buyer amendment would authorize lishing much-needed improvements to Madam Speaker, I reserve the bal- Federal contracting officials to treat the SBA’s primary loan programs. ance of my time. small businesses owned by service-dis- Today we have an opportunity to en- Mr. HASTINGS of Washington. abled veterans under the same con- courage entrepreneurship, particularly Madam Speaker, I wonder if my friend tracting rules as those applied to busi- for those who are socially or economi- has any more requests for time. If he is nesses in the 8(a) program. cally disadvantaged and those who

VerDate Aug 31 2005 05:11 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.080 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4105 serve our Nation in the Armed Forces, [a special rule reported from the Committee The SPEAKER pro tempore. Pursu- and provide some additional opportuni- on Rules] opens the resolution to amend- ant to clause 8 of rule XX, further pro- ties for small business owners looking ment and further debate.’’ (Chapter 21, sec- ceedings on this question will be post- to expand. tion 21.2) Section 21.3 continues: Upon rejec- poned. I want to again commend my col- tion of the motion for the previous question ´ on a resolution reported from the Committee f league from New York (Ms. VELAZQUEZ) on Rules, control shifts to the Member lead- for her leadership in bringing this ing the opposition to the previous question, RECESS promising and long overdue legislation who may offer a proper amendment or mo- The SPEAKER pro tempore. Pursu- to the floor. tion and who controls the time for debate ant to clause 12(a) of rule I, the Chair I think this is a fair rule. Everybody thereon.’’ declares the House in recess until ap- who wanted to offer a germane amend- Clearly, the vote on the previous question on a rule does have substantive policy impli- proximately 3:30 p.m. ment to this bill could have done so. Accordingly (at 2 o’clock and 56 min- All the germane amendments are made cations. It is one of the only available tools for those who oppose the Democratic major- utes p.m.), the House stood in recess in order. That is somewhat of a depar- ity’s agenda and allows those with alter- until approximately 3:30 p.m. ture from the previous Congress, where native views the opportunity to offer an al- f we were routinely handed closed rules. ternative plan. So I would urge a ‘‘yes’’ vote on the b 1545 previous question and on the rule. AMENDMENT TO H. RES. 330 OFFERED BY REP. The material previously referred to HASTINGS OF WASHINGTON AFTER RECESS by Mr. HASTINGS of Washington is as At the end of the resolution, add the fol- The recess having expired, the House follows: lowing: was called to order by the Speaker pro (The information contained herein was Sec. 3. Notwithstanding any other provi- tempore (Ms. DEGETTE) at 3 o’clock provided by Democratic Minority on mul- sion of this resolution, the amendment print- tiple occasions throughout the 109th Con- ed in section 4 shall be in order as though and 45 minutes p.m. gress.) printed as the last amendment in the report f THE VOTE ON THE PREVIOUS QUESTION: WHAT of the Committee on Rules if offered by Rep- IT REALLY MEANS resentative Buyer of Indiana or a designee. GENERAL LEAVE This vote, the vote on whether to order the That amendment shall be debatable for 30 Mr. WALZ of Minnesota. Madam previous question on a special rule, is not minutes equally divided and controlled by Speaker, I ask unanimous consent that the proponent and an opponent. merely a procedural vote. A vote against or- all Members may have 5 legislative dering the previous question is a vote Sec. 4. The amendment referred to in sec- tion 3 is as follows: days in which to revise and extend against the Democratic majority agenda and their remarks and include extraneous a vote to allow the opposition, at least for Add at the end of the bill the following: the moment, to offer an alternative plan. It TITLE III—8(a) PROGRAM material on House Concurrent Resolu- tion 121. is a vote about what the House should be de- SEC. 301. AUTHORITY TO AWARD CONTRACTS bating. UNDER 8(a) PROGRAM TO SMALL The SPEAKER pro tempore. Is there Mr. Clarence Cannon’s Precedents of the BUSINESS CONCERNS OWNED AND objection to the request of the gen- House of Representatives, (VI, 308–311) de- CONTROLLED BY SERVICE-DIS- tleman from Minnesota? scribes the vote on the previous question on ABLED VETERANS. There was no objection. the rule as ‘‘a motion to direct or control the Section 8 of the Small Business Act (15 consideration of the subject before the House U.S.C. 637) is amended by adding at the end f being made by the Member in charge.’’ To the following new subsection: defeat the previous question is to give the ‘‘(o) SMALL BUSINESS CONCERNS OWNED AND ANNOUNCEMENT BY THE SPEAKER opposition a chance to decide the subject be- CONTROLLED BY SERVICE-DISABLED VET- PRO TEMPORE fore the House. Cannon cites the Speaker’s ERANS.— The SPEAKER pro tempore. Pursu- ruling of January 13, 1920, to the effect that ‘‘(1) AWARD OF CONTRACTS.—The Adminis- ant to clause 8 of rule XX, proceedings trator may award a contract under sub- ‘‘the refusal of the House to sustain the de- will resume on questions previously mand for the previous question passes the section (a) to a small business concern owned control of the resolution to the opposition’’ and controlled by service-disabled veterans postponed. Votes will be taken in the in order to offer an amendment. On March on the same basis as a contract awarded following order: 15, 1909, a member of the majority party of- under that subsection to a socially and eco- Ordering the previous question on fered a rule resolution. The House defeated nomically disadvantaged small business con- House Resolution 330, by the yeas and the previous question and a member of the cern. nays; opposition rose to a parliamentary inquiry, ‘‘(2) ANNUAL CERTIFICATION REQUIRED.—The Adopting House Resolution 330, if or- asking who was entitled to recognition. Administrator shall require each small busi- dered; ness concern owned and controlled by serv- Speaker Joseph G. Cannon (R–Illinois) said: Suspending the rules on H. Con. Res. ‘‘The previous question having been refused, ice-disabled veterans that is a Program Par- the gentleman from New York, Mr. Fitz- ticipant under section 7(j)(15) or that is 7, by the yeas and nays; gerald, who had asked the gentleman to awarded a contract under subsection (a) to Suspending the rules on H.R. 1678, by yield to him for an amendment, is entitled to certify, on an annual basis, that such con- the yeas and nays; the first recognition.’’ cern is a small business concern owned and Suspending the rules on H.R. 493, by Because the vote today may look bad for controlled by service-disabled veterans with- the yeas and nays. the Democratic majority they will say ‘‘the in the meaning of section 3(q). The first electronic vote will be con- vote on the previous question is simply a ‘‘(3) DISADVANTAGED OWNER.—For purposes ducted as a 15-minute vote. Remaining vote on whether to proceed to an immediate of this section, in the case of a small busi- vote on adopting the resolution . . . [and] ness concern owned and controlled by serv- electronic votes will be conducted as 5- has no substantive legislative or policy im- ice-disabled veterans, the term ‘disadvan- minute votes. plications whatsoever.’’ But that is not what taged owner’ means an owner who is a serv- f they have always said. Listen to the defini- ice-disabled veteran.’’. tion of the previous question used in the Mr. MCGOVERN. Madam Speaker, I PROVIDING FOR CONSIDERATION Floor Procedures Manual published by the yield back the balance of my time, and OF H.R. 1332, SMALL BUSINESS Rules Committee in the 109th Congress, I move the previous question on the LENDING IMPROVEMENTS ACT (page 56). Here’s how the Rules Committee OF 2007 described the rule using information from resolution. Congressional Quarterly’s ‘‘American Con- The SPEAKER pro tempore. The The SPEAKER pro tempore. The un- gressional Dictionary’’: ‘‘If the previous question is on ordering the previous finished business is the vote on order- question is defeated, control of debate shifts question. ing the previous question on House to the leading opposition member (usually The question was taken; and the Resolution 330, on which the yeas and the minority Floor Manager) who then man- Speaker pro tempore announced that nays were ordered. ages an hour of debate and may offer a ger- the ayes appeared to have it. The Clerk read the title of the resolu- mane amendment to the pending business.’’ Deschler’s Procedure in the U.S. House of Mr. HASTINGS of Washington. tion. Representatives, the subchapter titled Madam Speaker, on that I demand the The SPEAKER pro tempore. The ‘‘Amending Special Rules’’ states: ‘‘a refusal yeas and nays. question is on ordering the previous to order the previous question on such a rule The yeas and nays were ordered. question.

VerDate Aug 31 2005 05:11 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.081 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4106 CONGRESSIONAL RECORD — HOUSE April 25, 2007 The vote was taken by electronic de- Conaway Jones (NC) Putnam The SPEAKER pro tempore. The vice, and there were—yeas 226, nays Crenshaw Jordan Radanovich question is on the motion offered by Culberson Keller Ramstad 196, not voting 10, as follows: Davis (KY) King (NY) Regula the gentleman from New York (Mr. [Roll No. 258] Davis, David Kingston Rehberg ACKERMAN) that the House suspend the Davis, Tom Kirk Reichert rules and agree to the concurrent reso- YEAS—226 Deal (GA) Kline (MN) Renzi Dent Knollenberg lution, H. Con. Res. 7, as amended. Abercrombie Green, Gene Nadler Reynolds Diaz-Balart, L. Kuhl (NY) Ackerman Grijalva Napolitano Rogers (AL) This will be a 5-minute vote. Diaz-Balart, M. LaHood Allen Gutierrez Neal (MA) Rogers (KY) Doolittle Lamborn The vote was taken by electronic de- Altmire Hall (NY) Oberstar Rogers (MI) Drake Latham vice, and there were—yeas 425, nays 1, Andrews Hare Obey Rohrabacher Dreier LaTourette Arcuri Harman Ros-Lehtinen not voting 6, as follows: Olver Duncan Lewis (CA) Baca Hastings (FL) Roskam Ortiz Ehlers [Roll No. 259] Baird Herseth Sandlin Lewis (KY) Pallone Emerson Royce Baldwin Higgins Linder YEAS—425 Pascrell English (PA) Ryan (WI) Bean Hill LoBiondo Pastor Everett Sali Abercrombie Costello Hayes Becerra Hinchey Lucas Payne Fallin Saxton Ackerman Courtney Heller Berkley Hinojosa Lungren, Daniel Perlmutter Feeney Schmidt Aderholt Cramer Hensarling Berman Hirono E. Peterson (MN) Ferguson Sensenbrenner Akin Crenshaw Herger Berry Hodes Mack Pomeroy Flake Sessions Alexander Crowley Herseth Sandlin Bishop (GA) Holden Manzullo Price (NC) Forbes Shadegg Allen Cuellar Higgins Bishop (NY) Holt Marchant Rahall Fortenberry Shays Altmire Culberson Hill Blumenauer Honda McCarthy (CA) Rangel Fossella Shimkus Andrews Cummings Hinchey Boren Hooley McCaul (TX) Reyes Foxx Arcuri Davis (AL) Hinojosa Boswell Hoyer McCotter Shuster Rodriguez Franks (AZ) Baca Davis (CA) Hirono Boucher Inslee McCrery Simpson Ross Frelinghuysen Bachmann Davis (IL) Hobson Boyd (FL) Israel McHenry Smith (NE) Gallegly Bachus Davis (KY) Hodes Boyda (KS) Jackson (IL) Rothman McHugh Smith (NJ) Garrett (NJ) Baird Davis, David Hoekstra Brady (PA) Jackson-Lee Roybal-Allard McKeon Smith (TX) Gerlach Baker Davis, Lincoln Holden Braley (IA) (TX) Ruppersberger McMorris Souder Gilchrest Baldwin Davis, Tom Holt Brown, Corrine Jefferson Rush Rodgers Stearns Gillmor Barrett (SC) Deal (GA) Honda Butterfield Johnson (GA) Ryan (OH) Mica Sullivan Gingrey Barrow DeFazio Hooley Capps Johnson, E. B. Salazar Miller (FL) Tancredo Gohmert Bartlett (MD) DeGette Hoyer Capuano Jones (OH) Sa´ nchez, Linda Miller (MI) Terry Goode Miller, Gary Barton (TX) Delahunt Hulshof Cardoza Kagen T. Thornberry Goodlatte Moran (KS) Bean DeLauro Hunter Carnahan Kanjorski Sanchez, Loretta Tiahrt Granger Murphy, Tim Becerra Dent Inglis (SC) Carney Kaptur Sarbanes Tiberi Graves Berkley Diaz-Balart, L. Inslee Carson Kennedy Schakowsky Musgrave Hall (TX) Turner Berman Diaz-Balart, M. Israel Castor Kildee Schiff Myrick Hastert Upton Berry Dicks Issa Chandler Kilpatrick Schwartz Neugebauer Hastings (WA) Walberg Biggert Dingell Jackson (IL) Clarke Kind Scott (GA) Nunes Hayes Walden (OR) Bilbray Doggett Jackson-Lee Clay Klein (FL) Scott (VA) Paul Heller Walsh (NY) Bilirakis Donnelly (TX) Cleaver Kucinich Sestak Pearce Hensarling Pence Wamp Bishop (GA) Doolittle Jefferson Clyburn Langevin Shea-Porter Herger Peterson (PA) Weldon (FL) Bishop (NY) Doyle Jindal Cohen Lantos Sherman Hobson Petri Weller Bishop (UT) Drake Johnson (GA) Conyers Larsen (WA) Shuler Hoekstra Pickering Whitfield Blackburn Dreier Johnson (IL) Cooper Larson (CT) Sires Hulshof Pitts Wicker Blumenauer Duncan Johnson, E. B. Costa Lee Skelton Inglis (SC) Wilson (NM) Blunt Edwards Johnson, Sam Costello Levin Platts Slaughter Issa Wilson (SC) Boehner Ehlers Jones (NC) Courtney Lewis (GA) Poe Smith (WA) Jindal Wolf Bonner Ellison Jones (OH) Cramer Lipinski Porter Snyder Johnson (IL) Young (AK) Bono Ellsworth Jordan Crowley Loebsack Price (GA) Solis Johnson, Sam Pryce (OH) Young (FL) Boozman Emanuel Kagen Cuellar Lofgren, Zoe Space Boren Emerson Kanjorski Cummings Lowey Spratt NOT VOTING—10 Boswell Engel Kaptur Davis (AL) Lynch Stark Boucher English (PA) Keller Davis (CA) Mahoney (FL) Boehner King (IA) Waxman Stupak Cubin Lampson Westmoreland Boustany Eshoo Kennedy Davis (IL) Maloney (NY) Sutton Boyd (FL) Etheridge Kildee Davis, Lincoln Markey Davis, Jo Ann Serrano Tanner ´ Boyda (KS) Everett Kilpatrick DeFazio Marshall Hunter Velazquez Tauscher Brady (PA) Fallin Kind DeGette Matheson Taylor ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Brady (TX) Farr King (IA) Delahunt Matsui Thompson (CA) The SPEAKER pro tempore (during Braley (IA) Fattah King (NY) DeLauro McCarthy (NY) Thompson (MS) Brown (SC) Feeney Kingston Dicks McCollum (MN) the vote). Members are advised there Tierney Brown, Corrine Ferguson Kirk Dingell McDermott are 2 minutes remaining. Towns Brown-Waite, Filner Klein (FL) Doggett McGovern Ginny Flake Kline (MN) Donnelly McIntyre Udall (CO) b 1610 Udall (NM) Buchanan Forbes Knollenberg Doyle McNerney Mr. WALSH of New York and Mrs. Burgess Fortenberry Kucinich Edwards McNulty Van Hollen Visclosky BIGGERT changed their vote from Burton (IN) Fossella Kuhl (NY) Ellison Meehan Butterfield Foxx Walz (MN) LaHood Ellsworth Meek (FL) ‘‘yea’’ to ‘‘nay.’’ Buyer Frank (MA) Lamborn Wasserman Emanuel Meeks (NY) Ms. WASSERMAN SCHULTZ Calvert Franks (AZ) Langevin Schultz Engel Melancon Camp (MI) Frelinghuysen Lantos Waters changed her vote from ‘‘nay’’ to ‘‘yea.’’ Eshoo Michaud Campbell (CA) Gallegly Larsen (WA) Watson So the previous question was ordered. Etheridge Miller (NC) Cannon Garrett (NJ) Larson (CT) Watt The result of the vote was announced Farr Miller, George Cantor Gerlach Latham Weiner Fattah Mitchell as above recorded. Capito Giffords LaTourette Filner Mollohan Welch (VT) The SPEAKER pro tempore. The Capps Gilchrest Lee Frank (MA) Moore (KS) Wexler question is on the resolution. Capuano Gillibrand Levin Giffords Moore (WI) Wilson (OH) Cardoza Gillmor Lewis (CA) Gillibrand Moran (VA) Woolsey The resolution was agreed to. A motion to reconsider was laid on Carnahan Gingrey Lewis (GA) Gonzalez Murphy (CT) Wu Carney Gohmert Lewis (KY) Gordon Murphy, Patrick Wynn the table. Carson Gonzalez Linder Green, Al Murtha Yarmuth f Carter Goode Lipinski Castle Goodlatte LoBiondo NAYS—196 CALLING ON THE LEAGUE OF Castor Gordon Loebsack Aderholt Bishop (UT) Burton (IN) ARAB STATES TO ACKNOWLEDGE Chabot Granger Lofgren, Zoe Akin Blackburn Buyer Chandler Graves Lowey Alexander Blunt Calvert THE GENOCIDE IN DARFUR Clarke Green, Al Lucas Bachmann Bonner Camp (MI) The SPEAKER pro tempore. The un- Clay Green, Gene Lungren, Daniel Bachus Bono Campbell (CA) finished business is the vote on the mo- Cleaver Grijalva E. Baker Boozman Cannon Clyburn Gutierrez Lynch Barrett (SC) Boustany Cantor tion to suspend the rules and agree to Coble Hall (NY) Mack Barrow Brady (TX) Capito the concurrent resolution, H. Con. Res. Cohen Hall (TX) Mahoney (FL) Bartlett (MD) Brown (SC) Carter 7, as amended, on which the yeas and Cole (OK) Hare Maloney (NY) Barton (TX) Brown-Waite, Castle Conaway Harman Manzullo Biggert Ginny Chabot nays were ordered. Conyers Hastert Marchant Bilbray Buchanan Coble The Clerk read the title of the con- Cooper Hastings (FL) Markey Bilirakis Burgess Cole (OK) current resolution. Costa Hastings (WA) Marshall

VerDate Aug 31 2005 05:11 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.084 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4107 Matheson Platts Smith (NE) A motion to reconsider was laid on Kirk Murtha Shays Matsui Poe Smith (NJ) the table. Klein (FL) Musgrave Shea-Porter McCarthy (CA) Pomeroy Smith (TX) Kline (MN) Myrick Sherman McCarthy (NY) Porter Smith (WA) f Knollenberg Nadler Shimkus McCaul (TX) Price (GA) Snyder Kucinich Napolitano Shuler McCollum (MN) Price (NC) Solis TORTURE VICTIMS RELIEF Kuhl (NY) Neal (MA) Shuster McCotter Pryce (OH) LaHood Neugebauer Souder REAUTHORIZATION ACT OF 2007 Simpson McCrery Putnam Space Lamborn Nunes Sires McDermott Radanovich Spratt The SPEAKER pro tempore. The un- Langevin Oberstar Skelton McGovern Rahall Lantos Obey Stark finished business is the vote on the mo- Slaughter McHenry Ramstad Stearns Larsen (WA) Olver Smith (NE) McHugh Rangel Stupak tion to suspend the rules and pass the Larson (CT) Ortiz Smith (NJ) McIntyre Regula Sullivan bill, H.R. 1678, on which the yeas and Latham Pallone Smith (TX) McKeon Rehberg Sutton LaTourette Pascrell Smith (WA) McMorris Reichert nays were ordered. Lee Pastor Tancredo Snyder Rodgers Renzi The Clerk read the title of the bill. Levin Payne Tanner Solis McNulty Reyes Lewis (GA) Pearce Tauscher The SPEAKER pro tempore. The Souder Meehan Reynolds Lewis (KY) Pence Taylor question is on the motion offered by Space Meek (FL) Rodriguez Linder Perlmutter Terry Spratt Meeks (NY) Rogers (AL) the gentleman from New York (Mr. Lipinski Peterson (MN) Thompson (CA) Melancon Rogers (KY) CKERMAN LoBiondo Peterson (PA) Stark Thompson (MS) A ) that the House suspend the Mica Rogers (MI) Loebsack Petri Stearns Thornberry rules and pass the bill, H.R. 1678. Michaud Rohrabacher Lofgren, Zoe Pickering Stupak Tiahrt Miller (FL) Ros-Lehtinen This will be a 5-minute vote. Lowey Pitts Sullivan Tiberi Miller (MI) Roskam The vote was taken by electronic de- Lucas Platts Sutton Tierney Miller (NC) Ross Lungren, Daniel Poe Tancredo Towns vice, and there were—yeas 418, nays 7, Miller, Gary Rothman E. Pomeroy Tanner Turner not voting 7, as follows: Miller, George Roybal-Allard Lynch Porter Tauscher Udall (CO) Mitchell Royce [Roll No. 260] Mack Price (GA) Taylor Udall (NM) Mollohan Ruppersberger YEAS—418 Mahoney (FL) Price (NC) Terry Moore (KS) Rush Upton Maloney (NY) Pryce (OH) Thompson (CA) Moore (WI) Ryan (OH) Van Hollen Abercrombie Chandler Gerlach Manzullo Putnam Thompson (MS) ´ Moran (KS) Ryan (WI) Velazquez Ackerman Clarke Giffords Marchant Radanovich Thornberry Moran (VA) Salazar Visclosky Aderholt Clay Gilchrest Markey Rahall Tiahrt Murphy (CT) Sali Walberg Akin Cleaver Gillibrand Marshall Ramstad Tiberi Murphy, Patrick Sa´ nchez, Linda Walden (OR) Alexander Clyburn Gillmor Matheson Rangel Tierney Murphy, Tim T. Walsh (NY) Allen Coble Gingrey Matsui Regula Towns Murtha Sanchez, Loretta Wamp Altmire Cohen Gohmert McCarthy (CA) Rehberg Turner Musgrave Sarbanes Wasserman Andrews Cole (OK) Gonzalez McCarthy (NY) Reichert Udall (CO) Myrick Saxton Schultz Arcuri Conaway Goodlatte McCaul (TX) Renzi Udall (NM) Waters Baca Conyers Gordon Nadler Schakowsky McCollum (MN) Reyes Upton Watson Bachmann Cooper Granger Napolitano Schiff McCotter Reynolds Van Hollen Watt Bachus Costa Graves Neal (MA) Schmidt McCrery Rodriguez Vela´ zquez Waxman Baird Costello Green, Al Neugebauer Schwartz McDermott Rogers (AL) Visclosky Weiner Baker Courtney Grijalva Nunes Scott (GA) McGovern Rogers (KY) Walberg Welch (VT) Baldwin Cramer Gutierrez Oberstar Scott (VA) McHenry Rogers (MI) Walden (OR) Weldon (FL) Barrett (SC) Crenshaw Hall (NY) Obey Sensenbrenner McHugh Ros-Lehtinen Walsh (NY) Weller Barrow Crowley Hall (TX) Olver Serrano McIntyre Roskam Walz (MN) Wexler Bartlett (MD) Cuellar Hare Ortiz Sessions McKeon Ross Wamp Whitfield Barton (TX) Culberson Harman Pallone Sestak McMorris Rothman Wasserman Wicker Bean Cummings Hastert Pascrell Shadegg Rodgers Roybal-Allard Schultz Pastor Shays Wilson (NM) Becerra Davis (AL) Hastings (FL) McNerney Royce Waters Payne Shea-Porter Wilson (OH) Berkley Davis (CA) Hastings (WA) McNulty Ruppersberger Watson Pearce Sherman Wilson (SC) Berman Davis (IL) Hayes Meehan Rush Watt Pence Shimkus Wolf Berry Davis (KY) Heller Meek (FL) Ryan (OH) Waxman Perlmutter Shuler Woolsey Biggert Davis, David Hensarling Meeks (NY) Ryan (WI) Weiner Peterson (MN) Shuster Wu Bilbray Davis, Lincoln Herger Melancon Salazar Peterson (PA) Simpson Wynn Bilirakis Davis, Tom Herseth Sandlin Mica Sa´ nchez, Linda Welch (VT) Petri Sires Yarmuth Bishop (GA) Deal (GA) Higgins Michaud T. Weldon (FL) Pickering Skelton Young (AK) Bishop (NY) DeFazio Hill Miller (FL) Sanchez, Loretta Weller Pitts Slaughter Young (FL) Bishop (UT) DeGette Hinchey Miller (MI) Sarbanes Wexler Blackburn Delahunt Hinojosa Miller (NC) Saxton Whitfield NAYS—1 Blumenauer DeLauro Hirono Miller, Gary Schakowsky Wicker Blunt Dent Hobson Miller, George Schiff Wilson (NM) Paul Boehner Diaz-Balart, L. Hodes Mitchell Schmidt Wilson (OH) Bonner Diaz-Balart, M. Hoekstra Mollohan Schwartz Wilson (SC) NOT VOTING—6 Bono Dicks Holden Moore (KS) Scott (GA) Wolf Boozman Dingell Holt Cubin Lampson Walz (MN) Moore (WI) Scott (VA) Woolsey Boren Doggett Honda Davis, Jo Ann McNerney Westmoreland Moran (KS) Sensenbrenner Wu Boswell Donnelly Hooley Moran (VA) Serrano Wynn ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boucher Doolittle Hoyer Murphy (CT) Sessions Yarmuth Boustany Doyle Hulshof The SPEAKER pro tempore (during Murphy, Patrick Sestak Young (AK) Boyd (FL) Drake Hunter Murphy, Tim Shadegg Young (FL) the vote). Members are advised 2 min- Boyda (KS) Dreier Inglis (SC) utes remain in this vote. Brady (PA) Edwards Inslee NAYS—7 Brady (TX) Ehlers Israel Burton (IN) Goode Sali Braley (IA) Ellison Issa b 1617 Duncan Paul Brown (SC) Ellsworth Jackson (IL) Flake Rohrabacher Mr. JORDAN of Ohio and Mr. SHAYS Brown, Corrine Emanuel Jackson-Lee Brown-Waite, Emerson (TX) NOT VOTING—7 changed their vote from ‘‘nay’’ to Ginny Engel Jefferson Carter Green, Gene Westmoreland ‘‘yea.’’ Buchanan English (PA) Jindal Cubin Lampson Burgess Eshoo Johnson (GA) So (two-thirds being in the affirma- Davis, Jo Ann Lewis (CA) tive) the rules were suspended and the Butterfield Etheridge Johnson (IL) Buyer Everett Johnson, E. B. ANNOUNCEMENT BY THE SPEAKER PRO concurrent resolution, as amended, was Calvert Fallin Johnson, Sam TEMPORE. agreed to. Camp (MI) Farr Jones (NC) The result of the vote was announced Campbell (CA) Fattah Jones (OH) The SPEAKER pro tempore (during Cannon Feeney Jordan as above recorded. the vote). Members are advised 2 min- Cantor Ferguson Kagen utes remain in this vote. The title of the concurrent resolution Capito Filner Kanjorski was amended so as to read: ‘‘Concur- Capps Forbes Kaptur Capuano Fortenberry Keller b 1625 rent resolution calling on the League Cardoza Fossella Kennedy of Arab States and each Member State Carnahan Foxx Kildee So (two-thirds being in the affirma- individually to acknowledge the geno- Carney Frank (MA) Kilpatrick tive) the rules were suspended and the cide in the Darfur region of Sudan and Carson Franks (AZ) Kind bill was passed. Castle Frelinghuysen King (IA) to step up their efforts to stop the Castor Gallegly King (NY) The result of the vote was announced genocide in Darfur.’’. Chabot Garrett (NJ) Kingston as above recorded.

VerDate Aug 31 2005 05:11 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.040 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4108 CONGRESSIONAL RECORD — HOUSE April 25, 2007 A motion to reconsider was laid on Issa Melancon Schiff b 1632 the table. Jackson (IL) Mica Schmidt Jackson-Lee Michaud Schwartz So (two-thirds being in the affirma- Stated for: (TX) Miller (FL) Scott (GA) tive) the rules were suspended and the Mr. GENE GREEN of Texas. Mr. Speaker, Jefferson Miller (MI) Scott (VA) bill was passed. Jindal on rollcall No. 260, had I been present, I Miller (NC) Sensenbrenner The result of the vote was announced would have voted ‘‘yea.’’ Johnson (GA) Miller, Gary Serrano Johnson (IL) Miller, George Sessions as above recorded. f Johnson, E. B. Mitchell Sestak A motion to reconsider was laid on Johnson, Sam Mollohan Shadegg the table. Jones (OH) Moore (KS) Shays GENETIC INFORMATION Jordan Moore (WI) Sherman Stated for: NONDISCRIMINATION ACT OF 2007 Kagen Moran (KS) Shimkus Mr. CANNON. Madam Speaker, on rollcall Kanjorski Moran (VA) Shuler No. 261, I was inadvertantly detained. Had I The SPEAKER pro tempore. The un- Kaptur Murphy (CT) Shuster finished business is the vote on the mo- been present, I would have voted ‘‘yea.’’ Keller Murphy, Patrick Simpson Ms. SHEA-PORTER. Madam Speaker, on tion to suspend the rules and pass the Kennedy Murphy, Tim Sires bill, H.R. 493, as amended, on which the Kildee Murtha Skelton rollcall No. 261, had I been present, I would Kilpatrick Myrick Slaughter have voted ‘‘yea.’’ yeas and nays were ordered. Kind Nadler Smith (NE) The Clerk read the title of the bill. King (IA) Napolitano Smith (NJ) f The SPEAKER pro tempore. The King (NY) Neal (MA) Smith (TX) GENERAL LEAVE question is on the motion offered by Kingston Neugebauer Smith (WA) ´ the gentleman from California (Mr. Kirk Nunes Snyder Ms. VELAZQUEZ. Madam Speaker, I Klein (FL) Oberstar Solis ask unanimous consent that all Mem- GEORGE MILLER) that the House sus- Kline (MN) Obey Souder pend the rules and pass the bill, H.R. Knollenberg Olver Space bers have 5 legislative days to revise 493, as amended. Kucinich Ortiz Spratt and extend remarks and enter into the This will be a 5-minute vote. Kuhl (NY) Pallone Stark RECORD any extraneous material on LaHood Pascrell Stearns the bill under consideration, H.R. 1332. The vote was taken by electronic de- Lamborn Pastor Stupak vice, and there were—yeas 420, nays 3, Langevin Payne Sullivan The SPEAKER pro tempore. Is there not voting 9, as follows: Lantos Pearce Sutton objection to the request of the gentle- Larsen (WA) Pence Tancredo woman from New York? [Roll No. 261] Larson (CT) Perlmutter Tanner There was no objection. YEAS—420 Latham Peterson (MN) Tauscher LaTourette Peterson (PA) Taylor Abercrombie Cardoza Everett f Lee Petri Terry Ackerman Carnahan Fallin Levin Pickering Thompson (CA) SMALL BUSINESS LENDING Aderholt Carney Farr Lewis (CA) Pitts Thompson (MS) Akin Carson Fattah IMPROVEMENTS ACT OF 2007 Lewis (GA) Platts Thornberry Alexander Carter Ferguson The SPEAKER pro tempore. Pursu- Allen Castle Filner Lewis (KY) Poe Tiahrt Altmire Castor Forbes Linder Pomeroy Tiberi ant to House Resolution 330 and rule Andrews Chabot Fortenberry Lipinski Porter Tierney XVIII, the Chair declares the House in Price (GA) Towns Arcuri Chandler Fossella LoBiondo the Committee of the Whole House on Baca Clarke Foxx Loebsack Price (NC) Turner Bachmann Clay Frank (MA) Lofgren, Zoe Pryce (OH) Udall (CO) the state of the Union for the consider- Bachus Cleaver Franks (AZ) Lowey Putnam Udall (NM) ation of the bill, H.R. 1332. Baird Clyburn Frelinghuysen Lucas Radanovich Upton Baker Coble Gallegly Lungren, Daniel Rahall Van Hollen b 1635 Baldwin Cohen Garrett (NJ) E. Ramstad Vela´ zquez Barrett (SC) Cole (OK) Gerlach Lynch Rangel Visclosky IN THE COMMITTEE OF THE WHOLE Barrow Conaway Giffords Mack Regula Walberg Accordingly, the House resolved Bartlett (MD) Conyers Gilchrest Mahoney (FL) Rehberg Walden (OR) itself into the Committee of the Whole Barton (TX) Cooper Gillibrand Maloney (NY) Reichert Walsh (NY) Bean Costa Gillmor Manzullo Renzi Walz (MN) House on the state of the Union for the Becerra Costello Gingrey Marchant Reyes Wamp consideration of the bill (H.R. 1332) to Berkley Courtney Gohmert Markey Reynolds Wasserman improve the access to capital programs Berman Cramer Gonzalez Marshall Rodriguez Schultz of the Small Business Administration, Berry Crenshaw Goode Matheson Rogers (AL) Waters Biggert Crowley Goodlatte Matsui Rogers (KY) Watson and for other purposes, with Mr. PAS- Bilbray Cuellar Gordon McCarthy (CA) Rogers (MI) Watt TOR in the chair. Bilirakis Culberson Granger McCarthy (NY) Rohrabacher Waxman The Clerk read the title of the bill. Bishop (GA) Cummings Graves McCaul (TX) Ros-Lehtinen Weiner The CHAIRMAN. Pursuant to the Bishop (NY) Davis (AL) Green, Al McCollum (MN) Roskam Welch (VT) Bishop (UT) Davis (CA) Green, Gene McCotter Ross Weldon (FL) rule, the bill is considered read the Blackburn Davis (IL) Grijalva McCrery Rothman Weller first time. Blumenauer Davis (KY) Gutierrez McDermott Roybal-Allard Wexler The gentlewoman from New York Blunt Davis, David Hall (NY) McGovern Ruppersberger Whitfield (Ms. VELA´ ZQUEZ) and the gentleman Boehner Davis, Lincoln Hall (TX) McHenry Rush Wicker Bonner Davis, Tom Hare McHugh Ryan (OH) Wilson (NM) from Ohio (Mr. CHABOT) each will con- Bono Deal (GA) Harman McIntyre Ryan (WI) Wilson (OH) trol 30 minutes. Boozman DeFazio Hastert McKeon Salazar Wilson (SC) Boren DeGette Hastings (FL) The Chair recognizes the gentle- McMorris Sali Wolf Boswell Delahunt Hastings (WA) woman from New York. Rodgers Sa´ nchez, Linda Woolsey Boucher DeLauro Hayes ´ McNerney T. Wu Ms. VELAZQUEZ. Mr. Chairman, I Boustany Dent Heller McNulty Sanchez, Loretta Wynn yield myself as much time as I may Boyd (FL) Diaz-Balart, L. Hensarling Boyda (KS) Diaz-Balart, M. Herger Meehan Sarbanes Yarmuth consume. Brady (PA) Dicks Herseth Sandlin Meek (FL) Saxton Young (AK) Small businesses are this country’s Brady (TX) Dingell Higgins Meeks (NY) Schakowsky Young (FL) economic drivers, yet they continually Braley (IA) Doggett Hill Brown (SC) Donnelly Hinchey NAYS—3 face challenges that make it hard for Brown, Corrine Doolittle Hinojosa Flake Paul Royce them to succeed in today’s market- Brown-Waite, Doyle Hirono place. Entrepreneurs are already deal- Ginny Drake Hobson NOT VOTING—9 ing with rising energy and health care Buchanan Dreier Hodes Burgess Duncan Hoekstra Cannon Feeney Musgrave costs as well as the increasing regu- Burton (IN) Edwards Holden Cubin Jones (NC) Shea-Porter latory burden. The last thing they need Butterfield Ehlers Holt Davis, Jo Ann Lampson Westmoreland is for accessing affordable capital to be Buyer Ellison Honda another barrier in the way of their suc- Calvert Ellsworth Hooley ANNOUNCEMENT BY THE SPEAKER PRO cess. Camp (MI) Emanuel Hoyer TEMPORE. Campbell (CA) Emerson Hulshof What we continue to see is a steady Cantor Engel Hunter The SPEAKER pro tempore (during increase in costs and a decrease in ac- Capito English (PA) Inglis (SC) Capps Eshoo Inslee the vote). Members are advised 2 min- cess for the very programs that are in- Capuano Etheridge Israel utes remain in this vote. tended to help entrepreneurs. Over the

VerDate Aug 31 2005 05:11 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.089 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4109 past 2 years, for the 7(a) program gram. H.R. 1332 also amends title V of able, the administrator should reduce alone, costs have doubled for smaller the Small Business Investment Act of the fees to small businesses, not to loans, and the average loan size has de- 1958 to make significant and necessary banks. clined by 37 percent. changes to the loan program, some- Section 101 also requires that the ad- A recent study released by the Na- times called the 504 loan program. ministrator update quarterly the re- tional Small Business Association Before addressing the particulars of duction in fees given available funding found that access to capital is the the legislation, it is important to note remaining. That makes sense, because number two concern for entrepreneurs. what H.R. 1332 does not do. The legisla- if the SBA did not make that calcula- This means that it is more of a concern tion does not modify the subsidy rate tion, they would not know how much than taxes and even the regulatory for the 7(a) guaranteed lending pro- to reduce fees in an upcoming quarter, burden. gram. The subsidy rate for the program if at all. The need for this calculation The Small Business Lending Im- currently is zero. After this bill is en- simply recognizes that loan demand is provements Act of 2007 is a bipartisan acted, the subsidy rate for the 7(a) not constant throughout the year and effort introduced by Ms. BEAN and Mr. lending program will be zero. In fact, if ensures that administrator properly al- CHABOT. This bill will make loans more this bill attempted to modify the sub- locates available funds. Once funds are economical, while providing long-term sidy rate, it could not because it would exhausted, the legislation simply di- stability for small business owners. require an appropriation. And of rects the administrator to operate the H.R. 1332 touches all aspects of the course, as an authorizing committee, program at zero subsidy, the up front SBA lending initiative, including the we are unable to appropriate. So any annual fees needed to cover the cost of 504 program. argument that this bill will cost hun- the 7(a) loan program as if there was no Not only will this legislation put af- dreds of millions or even billions of appropriation. fordable financing back into the hands dollars over 10 years or so is just plain Finally, to the extent that loan de- of entrepreneurs, but will also accom- wrong. mand is not high, and there are suffi- plish a number of important public pol- At the correct time, I will oppose cient funds available, the adminis- icy initiatives. H.R. 1332 provides in- adding a subsidy for a program that trator may use any available extra centives for medical professionals to works just fine without one. funds to reduce the annual fee paid by locate in low income areas, establishes And now, I turn my attention to banks. Although this is a possibility, a rural lender program, and allows for what this bill does. The SBA charges a the greater probability is that all funds veterans to secure funds to start or ex- fee to borrowers which can be viewed will be utilized to reduce cost to small pand their firms. as akin to paying points on a mort- business owners. With the number of veterans return- gage, which many people are familiar There is more to H.R. 1332 than pro- ing from Iraq and Afghanistan, the with doing. In addition, banks pay an viding the administrator with a mecha- need for affordable financing is more ongoing fee each year on the amount of nism to reduce fees under the 7(a) loan important than ever. When Congress unpaid balance of the loan as guaran- program, if an appropriation is avail- passed the GI bill, we made a commit- teed. Although some confusion exists able. The guaranteed loan program is ment to education and homeownership about this point, I read the Small Busi- the largest of the SBA’s financing pro- for veterans. Today we have an oppor- ness Act as authorizing the SBA to ad- grams, reaching the greatest number of tunity to show our commitment to just the up front fee or points paid by businesses, yet there are businesses their entrepreneurial endeavors. borrowers in the same way that the whose access to this program remains Small businesses must have the abil- SBA has the unquestioned authority to limited. The SBA loan program is a fairly ity to continue spurring economic reduce fees to lenders. Despite the au- complex operation, and many banks, growth and creating jobs. For these thority that the SBA has, the agency particularly community banks, do not reasons, H.R. 1332 has the support of has not in recent memory reduced, ex- have a sufficient loan volume to justify American Community Bankers, Inde- cept when dictated by Congress, the up the expenses associated with a 7(a) loan pendent Community Bankers of Amer- front fees paid by borrowers. The SBA, program. This is particularly true for ica, American Veterans, Credit Union on the other hand, has modified the an- independent and community banks lo- National Association, National Small nual fee paid by the lender. The SBA cated in rural areas. Business Association, Veterans of For- even testified at a committee hearing The bill requires the SBA to estab- eign Wars, American Bankers Associa- recently that it would be reducing the lish a low-document, or LowDoc, loan tion, the U.S. Women’s Chamber of fees paid by lenders. program for banks located in rural Commerce, the U.S. Hispanic Chamber Section 101 does two very important areas. To the extent that a rural com- of Commerce and the American Dental things. First, it clarifies that the SBA munity has no bank willing to partici- Association. has the authority to reduce or increase pate in the program, there is nothing I strongly urge my colleagues to vote the fees paid by the borrower. This in the Small Business Act or the bill for the Small Business Lending Im- should resolve any confusion as to that prohibits a small business from provements Act of 2007. whether the SBA has the power to re- using a rural lender not in the imme- Mr. Chairman, I reserve the balance duce the points or up front borrowing diate vicinity. of my time. fee, as well as the annual fee paid by Title I also makes the Community Mr. CHABOT. Mr. Chairman, I yield the lender. And as already noted, sec- Express Loan Program permanent. I myself such time as I might consume. tion 101 requires that these fees be cal- support this because I believe it can Mr. Chairman, today, Madam Chair- culated to arrive at a zero subsidy. provide the same assistance to low in- woman and I rise to support H.R. 1332, That is so that the fees will cover the come communities, including those in the Small Business Lending Improve- cost of the 7(a) loan program, without my district in Cincinnati, which would ments Act of 2007. I want to especially an appropriation, as I just mentioned. otherwise be provided under a more thank the chairwoman and the The section then goes on to restrict the costly micro loan program. gentlelady, Congresswoman BEAN, for administrator’s discretion in only one In addition to providing greater as- working in a cooperative and bipar- regard; if an appropriation is made to sistance in rural communities and low tisan manner to bring this bill before support the 7(a) loan program, section income communities, the bill also re- the House, and I want to commend 101 directs the administrator to first duces the cost of the 7(a) loans to vet- them for again working with us on utilize the funds to reduce fees to bor- erans. In addition, the bill also pro- this. rowers and not lenders. vides for a reduction in fees to medical The Small Business Lending Im- I support this change because the practitioners seeking to establish or provements Act amends the Small Small Business Act is, first and fore- expand practices in areas deficient of Business Act to make necessary im- most, legislation designed to assist such practitioners. These are noble provements and technical changes to small businesses, not to assist small goals and deserve the support of all the primary lending program offered by banks or any other banks. Therefore, Members of the House. the Small Business Administration, the bill takes the logical step of direct- Although title I is a significant the SBA, the 7(a) guaranteed loan pro- ing that, should funds be made avail- achievement, I am particularly pleased

VerDate Aug 31 2005 05:11 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.093 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4110 CONGRESSIONAL RECORD — HOUSE April 25, 2007 with title II of this bill. It modifies and For these reasons I ask my col- Again, I commend the work of the strengthens the loan program operator leagues to support passage of this im- Small Business Committee, under the pursuant to title V of the Small Busi- portant bill. leadership of Chairwoman VELA´ ZQUEZ, ness Investment Act of 1958. Mr. Chairman, I reserve the balance for recognizing the need for this legis- Certified development companies, or of my time. lation and prioritizing it relative to CDCs, are vital to long-term economic Ms. VELA´ ZQUEZ. Mr. Chairman, I other committee work. Small busi- and community development in many yield such time as she may consume to nesses are the backbone of our Nation’s districts, including mine, around the the gentlewoman from Illinois (Ms. economic stimulus, driving 80 percent country. CDCs operate to provide long- BEAN), who is a member of the Small of domestic job growth, and their suc- term, fixed rate financing for small Business Committee and sponsor of the cess is dependent upon their ability to business concerns who find their fi- legislation. grow and to expand. This legislation nancing needs cannot be met due to the (Ms. BEAN asked and was given per- helps provide them with the funda- loan limits of the 7(a) loan program. mission to revise and extend her re- mental tools they need to do so. marks.) b 1645 I urge your support of this bill. Ms. BEAN. Mr. Chairman, the Small Mr. CHABOT. Mr. Chairman, I would And unlike many 7(a) lenders, CDCs Business Lending Improvements Act of like to yield such time as she may con- must be locally based so they have a 2007, which I introduced earlier this sume to the gentlewoman from Okla- keen understanding of the needs of the year, was recently reported out of the homa (Ms. FALLIN) for the purpose of communities they serve. Committee on Small Business, without entering into a colloquy with the gen- The first thing that title II does is objection, and I am pleased that it is tlewoman from New York. change the name of the program. While being given consideration on the House Ms. FALLIN. Mr. Chairman, I thank this may sound minor, it is actually floor today. the ranking member for yielding. important. Colloquially, the program is I would like to begin by thanking I would now like to yield to the known as the ‘‘504 loan’’ program for Chairwoman VELA´ ZQUEZ and Ranking gentlelady from New York for the pur- section 504 of title V of the Small Busi- Member CHABOT for cosponsoring this poses of entering into a colloquy. ness Investment Act. This section au- legislation and for their leadership in Ms. VELA´ ZQUEZ. Mr. Chairman, I thorizes the administrator to sell the moving this bill forward. The expedited thank the gentlelady for yielding. loans made by the CDCs in a secondary consideration of this bill, as well as the I know that the gentlelady has market. It is not at all descriptive of bipartisan support it has received, un- worked tirelessly to ensure that cer- the program or the entities involved in derscores the importance of ensuring tain independently owned and operated the program. By accurately describing access to capital to our small business franchises are afforded access to the the program, it will provide greater community. SBA’s 7(a) loan program. You have my recognition to CDCs and enable them I am also very appreciative of the ex- assurance that I will work to address to better promote their important mis- pert assistance provided by the House this concern as the bill moves forward. sion. Small Business Committee staff, espe- Ms. FALLIN. Thank you. Section 202 makes important tech- cially Michael Day, whose work on this Mr. Chairman, reclaiming my time, nical changes to the definitions in the issue has been invaluable. it is my goal to address the issue of CDC program, including, most impor- Having been a small business owner certain franchisees, who by all intents tantly, defining the term ‘‘certified de- myself, I can appreciate the challenges and purposes are small businesses, not velopment company.’’ As a corollary, that entrepreneurs and small business being allowed to receive 7(a) loans due title II eliminates the outdated term owners face in gaining access to the to their affiliation with larger ‘‘qualified State and local development capital that they need to grow. That is franchisors. company’’ from the Small Business In- why I have long been active in my sup- I believe the Small Business Lending vestment Act of 1958. port of measures to improve and ex- Improvements Act should eventually In my estimation section 203 is the pand the SBA loan programs, which contain language to modify the SBA’s most important provision in the bill. It offer low-interest, long-term loans, not affiliation standard to allow that a statutorily establishes the procedures subsidies, to business owners seeking business, if it is affiliated with another by which the SBA designates entities affordable options. business and therefore determined to as CDCs. The most important require- This bill is no exception. H.R. 1332 be something other than small, to still ment of these statutory procedures is makes much-needed changes to SBA’s be eligible for a loan if it has no finan- the mandate that the CDC have local lending initiatives and, most impor- cial recourse to its affiliates for repay- board members familiar with the eco- tantly, helps to preserve the original ment of any of its debt. nomic development needs of their com- intent of these programs, to help make These businesses operate financially munities. Even though the bill author- available affordable sources of financ- independent of their franchisor and izes expansion only into neighboring ing. This is of particular importance as therefore operate like all other small States, the CDC must have representa- the cost of capital through these pro- businesses, and I believe they should be tives that understand the local eco- grams has risen rapidly over the last offered the same opportunity to receive nomic development needs of the new few years, stifling plans for both new the 7(a) loans as any other small busi- State of operation. businesses and those ready for plant ness. Another very important aspect of the and equipment expansion. This bill I ask that the gentlelady work with bill authorizes CDCs to perform their helps to reverse this discouraging trend me to address this issue in the under- own liquidations. Data that I have seen by supporting our entrepreneurs and lying legislation. shows that current loan liquidation re- not stifling their visions for growth. Ms. VELA´ ZQUEZ. Mr. Chairman, turns are about 20 cents on the dollar. In addition, H.R. 1332 addresses the again I thank the gentlewoman for Think of that. Only 20 cents on the dol- need for lending in our rural commu- raising this important issue. I agree lar liquidation rate. That is very inad- nities by restoring the LowDoc pro- that this is an issue that we need to ad- equate. By having CDCs with their gram and by strengthening the 504 ini- dress, and I will make a commitment local expertise perform liquidations, tiative, which is integral in stimu- to work with you and your staff as this the government should get a better re- lating economic growth in rural Amer- legislation heads to conference. turn when a loan goes bad, and that ica. Ms. FALLIN. Mr. Chairman, I thank should save the taxpayers money. Together, these initiatives will the chairwoman and ranking member Title II also makes other changes streamline and reduce the fees for for their work on this issue. that will benefit greater financial op- SBA’s lending programs, making it Mr. CHABOT. Mr. Chairman, I want portunities to small businesses under easier for small lenders to participate. to commend the gentlewoman from the CDC program. Together all these Local economies throughout the coun- Oklahoma for her work on this issue. I changes made will ensure a robust CDC try will benefit from new jobs and eco- know she has worked very hard to program that will spur economic devel- nomic development that will occur in make this happen. So I want to com- opment. their communities as a result. mend her for that.

VerDate Aug 31 2005 05:11 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.094 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4111 Mr. Chairman, I reserve the balance Mr. Chairman, I rise today in support Chairman, by focusing on these urban of my time. of H.R. 1332, the Small Business Lend- business pioneers, we honor the entre- Ms. VELA´ ZQUEZ. Mr. Chairman, I ing Improvements Act of 2007. preneur spirit that this Nation was yield 2 minutes to the gentleman from As an entrepreneur, I understand the built on. Texas (Mr. GONZALEZ), a member of the difficulties that small business owners I encourage my colleagues to support Small Business Committee. face on a daily basis. I also know that this legislation. Mr. GONZALEZ. Mr. Chairman, I small businesses are the backbone of I fully support this bill’s provision of: thank my colleague for yielding. our economy, both nationally and in Establishing a small bank outreach division; Mr. Chairman, I rise today to express western North Carolina. Increasing capital for socially and economi- my strong support for H.R. 1332, the Small businesses account for over cally disadvantaged small businesses; and Small Business Lending Improvements half of all of our jobs in the U.S. and Completely eliminating loan fees to veteran- Act of 2007. are responsible for 60 to 80 percent of owned small businesses. I want to express my special thanks all of our new jobs. For our small busi- Mr. Chairman, this bill ensures that the mis- to the chairwoman of the Small Busi- nesses to continue to grow and prosper, ´ sion and goals of the Small Business Adminis- ness Committee, NYDIA VELAZQUEZ, as we must help them gain access to cap- tration are not only being maintained but that well as Ranking Member STEVE ital. their standards for aggressive outreach, in- CHABOT, for their leadership in bring- The bill will grant American entre- creasing access and promoting equitable lend- ing this important bill which has preneurs that access to capital by up- ing are raised. strong bipartisan support to the floor dating and streamlining SBA’s 7(a) and b 1700 today. I am honored to work with these 504 loan programs. Additionally, this ´ fine leaders as we strive to support the bill will eliminate loan fees for vet- Ms. VELAZQUEZ. I yield 2 minutes small business community of this Na- erans returning from Iraq and Afghani- to the gentlewoman from Ohio (Mrs. tion. stan. JONES), a former member of the Small The Small Business Lending Im- As a member of the Small Business Business Committee. provements Act of 2007 will boost our Committee, I urge all Members to sup- Mrs. JONES of Ohio. I want to thank economic might by expanding entre- port this important legislation. the Chair of this wonderful committee, preneurs’ access to capital through the Mr. CHABOT. Mr. Chairman, I re- NYDIA VELA´ ZQUEZ. I was on this com- Small Business Administration’s 7(a) serve the balance of my time. mittee when I came to Congress, and and 504 programs. The 7(a) and 504 pro- Ms. VELA´ ZQUEZ. Mr. Chairman, I she helped me understand what legisla- grams are the SBA’s largest in terms of yield 2 minutes to the gentleman from tive bodies were all about, and I want number of loans made and amount of Illinois (Mr. RUSH). to thank her for her leadership because funds made available to small busi- Mr. RUSH. Mr. Chairman, I want to many times people want to give small nesses. In fact, over the last decade, thank the gentlewoman for yielding. I business to the Republican Party, but the SBA has approved more than also want to commend her for her out- this Chair has shown that small busi- 424,000 loans for over $90 billion. Fur- standing leadership on this issue and ness is a Democratic as well as a Re- thermore, the programs operate as pub- other important issues that face this publican issue. And I thank my col- lic-private partnerships to provide im- Congress. league from Ohio (Mr. CHABOT) for the portant financing for small firms And I want to also commend the work that he has done. through private sector lenders, greatly ranking member, Mr. CHABOT, for his Today, I rise in support of H.R. 1332, limiting costs to the United States outstanding leadership on this par- the Small Business Lending Improve- Government. ments Act of 2007. This act is a tremen- Despite the positive impact of these ticular issue. dous effort to adapt the sometimes ar- programs, they must now be modern- Mr. Chairman, today I rise in strong cane SBA rules to the American busi- ized and strengthened in order to con- support of H.R. 1332, the Small Busi- tinue to meet their goals. The Small ness Lending Improvements Act of nesswoman. Business Lending Improvements Act of 2007. Among the impressive provisions of 2007 provides much-needed changes to As a former small business owner and this act are a requirement to authorize these programs. Provisions of this bill an advocate for minority entrepreneur- SBA loans for projects that reduce en- will give the SBA the authority to con- ship and franchising, I might add, I am ergy consumption by at least 10 per- tribute funds for the purpose of reduc- pleased that this legislation would tar- cent. In addition, the rural lending out- ing the burden associated with bor- get money more aggressively and effi- reach program sends a great message rower and lender fees on 7(a) loans. It ciently towards small businesses and to our small businesses in rural areas, will also make it easier for rural lend- finally put them in a position to com- who sometimes have to manage isola- ers to assist local small businesses. It pete. tion and lack of resources because they will increase access to capital for so- Mr. Chairman, the Small Business have no proximity. cially and economically disadvantaged Administration’s support of commu- In addition, by making the Commu- small businesses. It will improve access nities like my own in the First Con- nity Express Program permanent, you to the program for medical profes- gressional District of Illinois needs to provide an attractive incentive for the sionals in health professional shortage be improved. One of the services that I erstwhile disenfranchised entre- areas. And, finally, it will expand op- provide to my constituents is monthly preneurs to set up legitimate busi- portunities for veterans to obtain such small business development seminars nesses. These businesses help to keep loans. that we are conducting in cooperation families together, and eventually con- I think all of us in this Chamber with the local SBA. Also, I have hosted tribute to our tax base. often enough go back to our districts, two franchise fairs to educate and en- I am from Cleveland, Ohio, which at and all small businesses will tell us gage my constituents on the power of the moment is said to be the poorest that the greatest challenge is the lack minority entrepreneurship. city in the Nation. Ninety-five percent of access to capital. This is a first step Mr. Chairman, one of the biggest of the private sector jobs are provided in addressing that very important chal- issues raised is the accessibility of the by small businesses. Therefore, the cre- lenge. SBA loans. Small business owners and ation of jobs and growth of our small Mr. CHABOT. Mr. Chairman, I have startups have a hard time navigating businesses is vital to our economic re- no further requests for time, and I will the SBA. This important legislation covery. continue to reserve the balance of my bridges the financial gap for small The Small Business Administration’s time. business owners, particularly minority 7(a) lending program is essential for Ms. VELA´ ZQUEZ. Mr. Chairman, I businesses. These owners are trying to small business owners who cannot ac- yield 2 minutes to the gentleman from create economic opportunities. They cess capital through conventional mar- North Carolina (Mr. SHULER), a mem- are trying to create jobs, and they are kets. However, the program has been ber of the Small Business Committee. trying to increase the competition of and is currently underfunded, and the Mr. SHULER. Mr. Chairman, I thank goods and services. Not only do they burden has been shifting increasingly the gentlewoman for yielding. need and deserve our support, but, Mr. onto small business owners. Recent

VerDate Aug 31 2005 06:14 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.096 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4112 CONGRESSIONAL RECORD — HOUSE April 25, 2007 changes to the program have increased H.R. 1332 will make loans more eco- lish and expand their own businesses. In ad- the fees to access 7(a) programs, which nomical while providing long-term sta- dition to all these programs, H.R. 1332 seeks diminishes access of small business bility for small business owners. Ensur- to establish a Small Bank Outreach division owners. ing loans are affordable and that relief within SBA. This new division would provide I want to thank the chairwoman and from rising capital costs is available is direct support to community banks partici- the ranking member for their leader- critical for small firms to remain a pating in the 7(a) program, and would enable ship around this issue. I want to thank driving force in today’s economy. Let’s these local banks to make loans to a wider you for the opportunity to be heard. put the money back into the hands of range of deserving businesses. It would also And small business is not only a Re- entrepreneurs where it belongs. work to strengthen local economies by pro- publican issue, it is a Democratic issue. I want to thank the ranking member, viding lenders deemed Certified Development It’s an American issue. Mr. CHABOT, for his work and his lead- Companies with a range of tools to grant Mr. CHABOT. Mr. Chairman, I yield ership in working with me on this leg- loans to businesses within their own commu- myself such time as I may consume. islation. I also want to thank the staff nities. I want to again thank the chair- that worked on this bill; from the mi- As we consider what we as a Congress woman for her leadership on this par- nority staff, Mike Smullen, Barry might do to make our Nation more economi- ticular piece of legislation, which I Pineles and Kevin Fitzpatrick; and cally secure, and to continue to augment our think is very good for small businesses from the majority staff, Michael Day, position within the global economy, it is crucial across the country. Adam Minehardt, Andy Jiminez and that we focus on the importance of small busi- Mr. Chairman, as was mentioned in Tim Slattery, and Elizabeth Hart and nesses. Small business owners are leaders in the Rules Committee yesterday I be- Sam Hodas from Representative BEAN’s innovation, creative business operations and lieve by Mr. DREIER, it’s preferable for staff. new technologies and products. I continue to small businesses to get their loans I strongly urge my colleagues to vote believe that the success of our economy is de- through the private sector if they’re for the Small Business Lending Im- pendent on these businesses. I urge my col- able to do so. And as one who believes provements Act of 2007. leagues to support this bill, and to continue to in less government as opposed to more Ms. JACKSON-LEE of Texas. Madam assist small business owners to realize their government, that would certainly be Chairman, I rise in support of H.R. 1332, the potential. my preference. But there are some Small Business Lending Improvements Act. As Mrs. CHRISTENSEN. Mr. Chairman, I rise cases in which the private sector at a member of Congress, I have been a strong in support of H.R. 1332, the Small Business this point just wouldn’t cover those supporter of our Nation’s small businesses. Al- Lending Improvements Act of 2007. particular entities, some of the start- ready this week, we have debated bills seek- As we celebrate Small Business Week, it is up small businesses, especially some in ing to ensure that America remains competi- only appropriate that we recognize the enor- struggling areas, some disadvantaged tive in the global economy, and, in doing so, mous contribution of small businesses to our areas as we have in some urban areas, we have recognized the importance of ongo- economy by passing legislation that would fa- and some rural areas as well. And so ing technological innovation. Small businesses cilitate access to capital. Without ready access there is an appropriate place for 7(a) comprise an important segment of this proc- to capital, small businesses are often forced to loans and the 504 loans. As I men- ess of development; by acting as a catalyst turn to more costly lending alternatives, includ- tioned, the name of that particular within our economy, they spur growth for all ing credit cards, which carry high interest rates program is going to be changed as a re- and fees. Without access to financing, compa- sectors of business. sult of this bill. nies are unable to target new markets, grow, I think these are vital improvements. Small businesses represent the American dream, and they define the American econ- or hire new workers. A streamlining of the process will be Currently, the SBA’s 7(a) and 504 programs omy. These businesses currently account for helpful to small businesses all across are the only federal lending programs avail- 95 percent of all employers, create half of our the country. I think we have a respon- able to small businesses and there are no fed- gross domestic product, and provide three out sibility to improve the climate for eral grants for starting and/or financing small of four new jobs in this country. However, to small businesses, especially when one businesses. The SBA 7(a) and 504 programs keep this sector of the economy thriving, small considers that somewhere between 60 were created to help small businesses gain businesses require access to loans to initiate, and 80 percent of the new jobs that are access to affordable financing. However, these created in this country are created not develop, and expand their range of goods and programs are in dire need to be modernized by large corporations, but by small services. The Small Business Administration and strengthened if they are to continue to businesses. So I think this bill helps (SBA), a Federal organization that aids small meet their important goals. businesses who need it most. I think businesses with loan and development pro- H.R. 1332 would make these necessary this is a good bill, and so I urge my col- grams, is a key provider of support to small changes by updating and streamlining the 7(a) leagues to support it. businesses. The SBA’s main loan program ac- loan programs by reducing fees, make the Mr. Chairman, I yield back the bal- counts for 30 percent of all long-term small Community Express Program permanent and ance of my time. business borrowing in America. reduce the paperwork generated by these Ms. VELA´ ZQUEZ. Mr. Chairman, I By streamlining the SBA’s two largest fi- loans. As a physician and Chair of the Con- yield myself as much time as I may nance programs directed at small businesses, gressional Black Caucus Health Braintrust, I consume. H.R. 1332 would offer these businesses the am pleased that this bill also includes a provi- Mr. Chairman, this week is Small crucial tools that they need to be successful in sion to adapt the 7(a) program to improve ac- Business Week, a time to honor entre- today’s marketplace. This bill gives the SBA cess to the program for medical professionals preneurs for the contributions they authority to contribute funds to reduce the bur- in health professional shortage areas. Physi- make to this country. Small businesses den associated with borrower and lender fees cians are viewed first and foremost as health create three out of every four new jobs. on 7(a) loans, making these loans more eco- care providers but they are also small busi- They are the economic backbone, and nomical, without upsetting the program’s cur- nesses and in today’s economic environment our largest job creators. rent stability. many are struggling to stay afloat. However, it is not easy to be a small H.R. 1332 also creates several new loan Mr. Chairman, I join the many organizations business owner. They struggle every programs under the 7(a) umbrella. It specifi- that support the passage this bill and urge my day to provide health care for their em- cally reaches out to rural lenders, reducing colleagues to support the bill as well. I would ployees, to comply with increasing reg- their 7(a) loan paperwork. It makes permanent like to commend Chairwoman VELA´ZQUEZ for ulatory burdens, and to access financ- the Community Express Program, granting im- her continued leadership and congratulate her ing to keep their businesses up and proved access to capital for socially and eco- and Ranking Member CHABOT for bringing this running. nomically disadvantaged small businesses. It bill to the House floor. This week, rather than just talk recognizes the I need for doctors and dentists Mr. INSLEE. Mr. Chairman, I thank the about supporting our Nation’s 26 mil- in federally designated Health Professional Chairwoman and Ranking Member for their lion small businesses, we have an op- Shortage Areas, and establishes a program to this issue. I rise today to support my amend- portunity to do something, provide reduce borrower and lender fees in these ment to the Small Business Lending Improve- them with the support they deserve, areas. Finally, this bill offers help to our return- ments Act (H.R. 1332) which would add an eli- and ensure it is not a struggle to access ing veterans, those who have served our Na- gibility area to Section 504 loans. My amend- much needed capital. tion bravely in Iraq and Afghanistan, to estab- ment will ensure that American entrepreneurs

VerDate Aug 31 2005 05:11 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 9920 E:\CR\FM\K25AP7.098 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4113 have the opportunity to start, build and, grow TITLE I—7(A) PROGRAM ‘‘(33) RURAL LENDING OUTREACH PROGRAM.— green small businesses by adding a sustain- Sec. 101. Authority for fee contributions. The Administrator shall carry out a rural lend- able design or low-impact design to the public Sec. 102. Rural Lending Outreach Program. ing outreach program to provide up to an 85 Sec. 103. Community Express program made percent guaranty for loans of $250,000 or less. policy goals of this lending program. The program shall be carried out only through This common-sense amendment would de- permanent. Sec. 104. Medical Professionals in Designated lenders located in rural areas (as ‘rural’ is de- crease long-term operating costs for small Shortage Areas Program. fined in section 501(f) of the Small Business In- business owners, stimulate green building Sec. 105. Increased Veteran Participation Pro- vestment Act of 1958). For a loan made through technologies, create a better work environ- gram. the program, the following shall apply: ment for employees and reduce carbon emis- Sec. 106. Alternative size standard. ‘‘(A) The Administrator shall approve or dis- sions in the United States. Sec. 107. Support to regional offices. approve the loan within 36 hours. ‘‘(B) The program shall use abbreviated appli- Buildings account for one-third of carbon TITLE II—CERTIFIED DEVELOPMENT COM- cation and documentation requirements. emissions per year. It is important that we PANY ECONOMIC DEVELOPMENT LOAN ‘‘(C) Minimum credit standards, as the Ad- help small business owners make sustainable PROGRAM ministrator considers necessary to limit the rate choices that they might not otherwise make Sec. 201. Certified Development Company Eco- of default on loans made under the program, due to cost, or simply due to the fact that nomic Development Loan Pro- shall apply.’’. some of these technologies are new. My gram. SEC. 103. COMMUNITY EXPRESS PROGRAM MADE amendment will help SBA expand their financ- Sec. 202. Definitions. PERMANENT. Sec. 203. Eligibility of development companies (a) IN GENERAL.—Section 7(a) of the Small ing structure to help businesses use sustain- to be designated as certified devel- Business Act (15 U.S.C. 636(a)) is amended by able building standards, such as LEED cer- opment companies. adding at the end the following: tified, which have a minimal impact on our en- Sec. 204. Definition of rural areas. ‘‘(34) COMMUNITY EXPRESS PROGRAM.—The vironment. Currently, SBA loans can help a Sec. 205. Businesses in low-income areas. Administrator shall carry out a Community Ex- company upgrade to required standards, but Sec. 206. Combinations of certain goals. press Program for loans of $250,000 or less. For very few Small Business Loans have helped Sec. 207. Refinancing. a loan made under this paragraph, the fol- owners choose green building standards. Sec. 208. Additional equity injections. lowing shall apply: Sec. 209. Loan liquidations. ‘‘(A) The loan shall be made to a business Furthermore, green buildings benefit work- Sec. 210. Closing costs. concern— ers. Case studies show examples of 2 to 16 Sec. 211. Maximum Certified Development Com- ‘‘(i) the majority ownership interest of which percent increase in productivity in among em- pany and 7(a) loan eligibility. is directly held by individuals who are women, ployees who work in buildings that incorporate Sec. 212. Eligibility for energy efficiency socially or economically disadvantaged individ- sustainable building design. projects. uals (as defined by the Administrator), or vet- Sustainable design and green building prac- Sec. 213. Loans for plant projects used for en- erans of the Armed Forces; or tices are easy and available. An excellent ex- ergy-efficient purposes. ‘‘(ii) that is located in a low- or moderate-in- come area, as defined by the Administrator. ample of how this can be done, and why Sec. 214. Extension of period during which loss reserves of premier certified lend- ‘‘(B) The loan shall comply with the collateral green technologies help small businesses and ers determined on the basis of out- policy of the Administration, except that, if the the community, is the Snoqualmie Gourmet standing balance of debentures. amount of the loan is less than or equal to Ice Cream factory in Maltby, Wash. I recently Sec. 215. Extension of alternative loss reserve $25,000, the Administration shall not require the toured this factory, which is Snohomish Coun- pilot program for certain premier lender to take collateral. ty’s first sustainable commercial project, certified lenders. ‘‘(C) The loan shall include terms requiring the lender to ensure that technical assistance is owned by Barry Bettinger. Barry used Small TITLE I—7(A) PROGRAM provided to the borrower, through the lender or Business Administration (SBA) loans for low SEC. 101. AUTHORITY FOR FEE CONTRIBUTIONS. a third-party provider. impact development strategies. With assist- Section 7(a) of the Small Business Act (15 ‘‘(D) The Administration shall approve or dis- ance from the Sustainable Development Task U.S.C. 636(a)) is amended— approve the loan within 36 hours.’’. Force, he used technologies to cut his lighting (1) in paragraph (18)(A) by striking ‘‘shall col- (b) NOTICE AND COMMENT.—The program re- costs by 50 percent, reduce his water usage lect’’ and inserting ‘‘shall assess and collect’’; quired by section 7(a)(34) of the Small Business by 40 percent and reduce energy for cooling (2) in paragraph (18) by adding at the end the Act, as added by subsection (a), shall be estab- following: lished after the opportunity for notice and com- fans by 75 percent. ‘‘(C) OFFSET.—The Administrator may, as ment and not later than 180 days after the date I hope that the SBA and experts in sustain- provided in paragraph (32), offset fees assessed of the enactment of this Act. able design such as the National Institute of and collected under subparagraph (A).’’; SEC. 104. MEDICAL PROFESSIONALS IN DES- Building Sciences will work together to de- (3) in paragraph (23) by striking subpara- IGNATED SHORTAGE AREAS PRO- velop meaningful standards in this eligibility graph (C) and adding at the end the following: GRAM. area of sustainable design. ‘‘(C) OFFSET.—The Administrator may, as (a) IN GENERAL.—Section 7(a) of the Small Congress has a huge opportunity here to provided in paragraph (32), offset fees assessed Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following: further improve the small business lending and collected under subparagraph (A).’’; and (4) by adding at the end the following: ‘‘(35) MEDICAL PROFESSIONALS IN DESIGNATED program to meet goals of reducing energy ‘‘(32) FEE CONTRIBUTIONS.— SHORTAGE AREAS PROGRAM.—The Administrator consumption in this country. Thank you for ‘‘(A) IN GENERAL.—To the extent that amounts shall carry out a Medical Professionals in Des- supporting this amendment. are made available to the Administrator for the ignated Shortage Areas Program. For a loan Ms. VELA´ ZQUEZ. Mr. Chairman, I purpose of fee contributions, the Administrator made under this paragraph, the following shall yield back the balance of my time. shall— apply: The CHAIRMAN. All time for general ‘‘(i) first consider contributing to fees paid by ‘‘(A) The loan shall be made to a business concern that provides properly licensed medical, debate has expired. small business borrowers under clauses (i) through (iii) of paragraph (18)(A), to the max- dental, or psychiatric services to the public. Pursuant to the rule, the amendment ‘‘(B) The loan shall be for the purpose of imum extent possible; and in the nature of a substitute printed in opening a business concern in a health profes- ‘‘(ii) then consider contributing to fees paid by sional shortage area (as defined in section 332 of the bill will be considered as an origi- small business lenders under paragraph (23)(A). the Public Health Service Act (42 U.S.C. 254e)). nal bill for the purpose of amendment ‘‘(B) QUARTERLY ADJUSTMENT.—Each fee con- ‘‘(C) The loan shall include the participation under the 5-minute rule and shall be tribution under subparagraph (A) shall be effec- by the Administration equal to 90 percent of the tive for one fiscal quarter and shall be adjusted considered read. balance of the financing outstanding at the time as necessary for each fiscal quarter thereafter to The text of the amendment in the na- of disbursement. ture of a substitute is as follows: ensure that the amounts under subparagraph ‘‘(D) The fees on the loan under paragraphs (A) are fully used. The fee contribution for a fis- H.R. 1332 (18) and (23) shall be reduced by half.’’. cal quarter shall be based on the loans that the (b) NOTICE AND COMMENT.—The program re- Be it enacted by the Senate and House of Rep- Administrator projects will be made during that quired by section 7(a)(35) of the Small Business resentatives of the United States of America in fiscal quarter, given the program level author- Act, as added by subsection (a), shall be estab- Congress assembled, ized by law for that fiscal year and any other lished after the opportunity for notice and com- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. factors that the Administrator considers appro- ment and not later than 180 days after the date (a) SHORT TITLE.—This Act may be cited as priate.’’. of the enactment of this Act. the ‘‘Small Business Lending Improvements Act SEC. 102. RURAL LENDING OUTREACH PROGRAM. SEC. 105. INCREASED VETERAN PARTICIPATION of 2007’’. Section 7(a) of the Small Business Act (15 PROGRAM. (b) TABLE OF CONTENTS.—The table of con- U.S.C. 636(a)) is amended— (a) IN GENERAL.—Section 7(a) of the Small tents for this Act is as follows: (1) by striking paragraph (25)(C); and Business Act (15 U.S.C. 636(a)) is amended by Sec. 1. Short title; table of contents. (2) by adding at the end the following: adding at the end the following:

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‘‘(36) INCREASED VETERAN PARTICIPATION PRO- SEC. 203. ELIGIBILITY OF DEVELOPMENT COMPA- development in the area in which the develop- GRAM.—The Administrator shall carry out an NIES TO BE DESIGNATED AS CER- ment company operates. In such a case: Increased Veteran Participation Program. For a TIFIED DEVELOPMENT COMPANIES. ‘‘(i) The development company may satisfy loan made under this paragraph, the following Section 506 of the Small Business Investment the requirement for full-time professional staff shall apply: Act of 1958 (15 U.S.C. 697c) is amended to read by contracting with a local non-profit service ‘‘(A) The loan shall be made to a business as follows: corporation (or one of its non-profit affiliates), concern the majority ownership interest of ‘‘SEC. 506. CERTIFIED DEVELOPMENT COMPA- or a governmental or quasi-governmental agen- which is directly held by individuals who are NIES. cy, to provide the required staffing. veterans of the Armed Forces. ‘‘(a) AUTHORITY TO ISSUE DEBENTURES.—A ‘‘(ii) The development company and the local ‘‘(B) The loan shall include the participation development company may issue debentures non-profit service corporation may have par- by the Administration equal to 90 percent of the pursuant to this Act if the Administration cer- tially common boards of directors. balance of the financing outstanding at the time tifies that the company meets the following cri- ‘‘(B) A development company in a rural area of disbursement. teria: (as defined in section 501(f)) shall be deemed to ‘‘(C) The fees on the loan under paragraphs ‘‘(1) SIZE.—The development company is re- have satisfied the requirements of a full-time (18) and (23) shall not apply.’’. quired to be a small concern with fewer than 500 professional staff and professional management (b) NOTICE AND COMMENT.—The program re- employees and not under the control of any en- ability if it contracts with another certified de- quired by section 7(a)(36) of the Small Business tity which does not meet the Administration’s velopment company which has such staff and Act, as added by subsection (a), shall be estab- size standards as a small business, except that management ability and which is located in the lished after the opportunity for notice and com- any development company which was certified same general area to provide such services. ment and not later than 180 days after the date by the Administration prior to December 31, 2005 ‘‘(C) A development company that has been of the enactment of this Act. may continue to issue debentures. certified by the Administration as of December ‘‘(2) PURPOSE.—The primary purpose of the 31, 2005, and that has contracted with a for- SEC. 106. ALTERNATIVE SIZE STANDARD. development company is to benefit the commu- profit company to provide services as of such (a) IN GENERAL.—Section 3(a) of the Small nity by fostering economic development to create date may continue to do so. Business Act (15 U.S.C. 632(a)) is amended by and preserve jobs and stimulate private invest- ‘‘(b) AREA OF OPERATIONS.—The Administra- adding at the end the following: ment. tion shall specify the area in which an appli- ‘‘(5) In addition to any other size standard ‘‘(3) PRIMARY FUNCTION.—The primary func- cant is certified to provide assistance to small under this subsection, the Administrator shall tion of the development company is to accom- businesses under this title, which may not ini- establish, and permit a lender making a loan plish its purpose by providing long term financ- tially exceed its State of incorporation unless it under section 7(a) and a lender making a loan ing to small businesses by the utilization of the proposes to operate in a local economic area under the development company loan program Certified Development Company Economic De- which is required to include part of its State of to use, an alternative size standard. The alter- velopment Loan Program. It may also provide or incorporation and may include adjacent areas native size standard shall be based on factors support such other local economic development within several States. After a development com- including maximum tangible net worth and av- activities to assist the community. pany has demonstrated its ability to provide as- erage net income.’’. ‘‘(4) NON-PROFIT STATUS.—The development sistance in its area of operations, it may request (b) APPLICABILITY.—Until the Administrator company is a non-profit corporation, except that the Administration to be allowed to operate in establishes, under section 3(a)(5) of the Small a development company certified by the Admin- one or more additional States as a multi-state Business Act (as added by subsection (a)), an istration prior to January 1, 1987, may retain its certified development company if it satisfies the alternative size standard in the case of a lender status as a for-profit corporation. following criteria: making a loan under section 7(a) of that Act, ‘‘(5) GOOD STANDING.—The development com- ‘‘(1) Each additional State is contiguous to the alternative size standard in section pany is in good standing in its State of incorpo- the State of incorporation, except the States of 121.301(b) of title 13, Code of Federal Regula- ration and in any other State in which it con- Alaska and Hawaii shall be deemed to be contig- tions, shall apply to such a case. ducts business, and is in compliance with all uous to any State abutting the Pacific ocean. SEC. 107. SUPPORT TO REGIONAL OFFICES. laws, including taxation requirements, in its ‘‘(2) It demonstrates its proficiency in making Section 7(a) of the Small Business Act (15 State of incorporation and in any other State in and servicing loans under the Certified Develop- U.S.C. 636(a)) is amended by adding at the end which it conducts business. ment Company Economic Development Loan the following: ‘‘(6) MEMBERSHIP.—The development company Program by— ‘‘(37) SUPPORT TO REGIONAL OFFICES.—The has at least 25 members (or stockholders if the ‘‘(A) requesting and receiving designation as Administrator shall carry out a program, within corporation is a for-profit entity), none of whom an accredited lender under section 507 or a pre- an element of the Administration already in ex- may own or control more than 10 percent of the mier certified lender under section 508; and istence as of the date of the enactment of the company’s voting membership, consisting of rep- ‘‘(B) meeting or exceeding performance stand- Small Business Lending Improvements Act of resentation from each of the following groups ards established by the Administration. 2007, to provide support to regional offices of the (none of which are in a position to control the ‘‘(3) The development company adds to the Administration in assisting small lenders who do development company): membership of its State of incorporation addi- not participate in the preferred lender program ‘‘(A) Government organizations that are re- tional membership from each additional State to participate in the 7(a) program.’’. sponsible for economic development. and the added membership meets the require- ‘‘(B) Financial institutions that provide com- TITLE II—CERTIFIED DEVELOPMENT COM- ments of subsection (a)(6). mercial long term fixed asset financing. ‘‘(4) The development company adds at least PANY ECONOMIC DEVELOPMENT LOAN ‘‘(C) Community organizations that are dedi- one member to its board of directors in the State PROGRAM cated to economic development. of incorporation, providing that added member SEC. 201. CERTIFIED DEVELOPMENT COMPANY ‘‘(D) Businesses. was selected by the membership of the develop- ECONOMIC DEVELOPMENT LOAN ‘‘(7) BOARD OF DIRECTORS.—The development ment company. PROGRAM. company has a board of directors that— ‘‘(5) The company meets such other criteria or Section 504 of the Small Business Investment ‘‘(A) is elected from the membership by the complies with such conditions as the Adminis- Act of 1958 (15 U.S.C. 697a) is amended— members; tration deems appropriate. (1) by redesignating subsections (a) and (b) as ‘‘(B) represents at least three of the four ‘‘(c) PROCESSING OF EXPANSION APPLICA- subsections (b) and (c); and groups enumerated in subsection (a)(6) and no TIONS.—The Administration shall respond to the (2) by inserting before subsection (b) (as so re- group is in a position to control the company; request of a certified development company for designated) the following: and certification as a multi-state company on an ex- ‘‘(a) The program to provide financing to ‘‘(C) meets on a regular basis to make policy pedited basis within 30 days of receipt of a com- small businesses by guarantees of loans under decisions for such company. pleted application if the application dem- this Act which are funded by debentures guar- ‘‘(8) PROFESSIONAL MANAGEMENT AND STAFF.— onstrates that the development company meets anteed by the Administration may be known as The development company has full-time profes- the requirements of subsection (b)(1) through the ‘Certified Development Company Economic sional management, including a chief executive (b)(4). Development Loan Program’.’’. officer to manage daily operations, and a full- ‘‘(d) USE OF FUNDS LIMITED TO STATE WHERE SEC. 202. DEFINITIONS. time professional staff qualified to market the GENERATED.—Any funds generated by a devel- Section 103(6) of the Small Business Invest- Certified Development Company Economic De- opment company from making loans under the ment Act of 1958 (15 U.S.C. 662(6)) is amended to velopment Loan Program and handle all aspects Certified Development Company Economic De- read as follows: of loan approval and servicing, including liq- velopment Loan Program which remain after ‘‘(6) the term ‘development company’ means uidation, if appropriate. The development com- payment of staff, operating and overhead ex- an entity incorporated under State law with the pany is required to be independently managed penses shall be retained by the development authority to promote and assist the growth and and operated to pursue its economic develop- company as a reserve for future operations, for development of small-business concerns in the ment mission and to employ its chief executive expanding its area of operations in a local eco- areas in which it is authorized to operate by the officer directly, with the following exceptions: nomic area as authorized by the Administration, Administration, and the term ‘certified develop- ‘‘(A) A development company may be an affil- or for investment in other local economic devel- ment company’ means a development company iate of another local non-profit service corpora- opment activity in the State from which the which the Administration has determined meets tion (specifically excluding another development funds were generated. the criteria of section 506;’’. company) whose mission is to support economic ‘‘(e) ETHICAL REQUIREMENTS.—

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‘‘(1) IN GENERAL.—Certified development com- debt that was not previously guaranteed by the to any foreclosure which is conducted pursuant panies, their officers, employees and other staff, Administration. If the project involves expan- to a contract between a development company shall at all times act ethically and avoid activi- sion of a small business which has existing in- and a qualified third-party to perform the fore- ties which constitute a conflict of interest or ap- debtedness collateralized by fixed assets, any closure and liquidation.’’. pear to constitute a conflict of interest. No one amount of existing indebtedness that does not SEC. 210. CLOSING COSTS. may serve as an officer, director or chief execu- exceed one-half of the project cost of the expan- Paragraph (4) of section 503(b) of the Small tive officer of more than one certified develop- sion may be refinanced and added to the expan- Business Investment Act of 1958 (15 U.S.C. ment company. sion cost, providing— 697(b)) is amended to read as follows: ‘‘(2) PROHIBITED CONFLICT IN PROJECT ‘‘(A) the proceeds of the indebtedness were ‘‘(4) the aggregate amount of such debenture LOANS.—As part of a project under the Certified used to acquire land, including a building situ- does not exceed the amount of loans to be made Development Company Economic Development ated thereon, to construct a building thereon or from the proceeds of such debenture plus, at the Loan Program, no certified development com- to purchase equipment; election of the borrower under the Certified De- pany may recommend or approve a guarantee of ‘‘(B) the borrower has been current on all velopment Company Economic Development a debenture by the Administration that is payments due on the existing debt for at least Loan Program, other amounts attributable to collateralized by a second lien position on the the past year; and the administrative and closing costs of such property being constructed or acquired and also ‘‘(C) the financing under the Certified Devel- loans, except for the borrower’s attorney fees;’’. provide, or be affiliated with a corporation or opment Company Economic Development Loan SEC. 211. MAXIMUM CERTIFIED DEVELOPMENT other entity, for-profit or non-profit, which pro- Program will provide better terms or rate of in- COMPANY AND 7(A) LOAN ELIGI- vides, financing collateralized by a first lien on terest than now exists on the debt.’’. BILITY. the same property. A business development com- SEC. 208. ADDITIONAL EQUITY INJECTIONS. Section 502(2) of the Small Business Invest- pany that was participating as a first mortgage Clause (ii) of section 502(3)(B) of the Small ment Act of 1958 (15 U.S.C. 696(2)) is amended lender, either directly or through an affiliate, Business Investment Act of 1958 (15 U.S.C. by adding at the end the following: for the Certified Development Company Eco- 696(3)(B)) is amended to read as follows: ‘‘(C) COMBINATION FINANCING.—Financing nomic Development Loan Program in either fis- ‘‘(ii) FUNDING FROM INSTITUTIONS.— under this title may be provided to a borrower in cal years 2004 or 2005 may continue to do so. ‘‘(I) If a small business concern provides the the maximum amount provided in this sub- ‘‘(3) OTHER ECONOMIC DEVELOPMENT ACTIVI- minimum contribution required under para- section, plus a loan guarantee under section TIES.—Operation of multiple programs to assist graph (C), not less than 50 percent of the total 7(a) of the Small Business Act may also be pro- small business concerns in order for a certified cost of any project financed pursuant to clauses vided to the same borrower in the maximum pro- development company to carry out its economic (i), (ii), or (iii) of subparagraph (C) shall come vided in section 7(a)(3)(A) of such Act.’’. development mission shall not be deemed a con- from the institutions described in subclauses (I), SEC. 212. ELIGIBILITY FOR ENERGY EFFICIENCY flict of interest, but notwithstanding any other (II), and (III) of clause (i). PROJECTS. provision of law, no development company may ‘‘(II) If a small business concern provides Section 501(d)(3) of the Small Business Invest- accept funding from any source, including but more than the minimum contribution required ment Act of 1958 (15 U.S.C. 695(d)(3)) is amend- not limited to any department or agency of the under paragraph (C), any excess contribution ed— United States Government— may be used to reduce the amount required from (1) in subparagraph (G) by striking ‘‘or’’ at ‘‘(A) if such funding includes any conditions, the institutions described in subclauses (I), (II), the end; priorities or restrictions upon the types of small and (III) of clause (i) except that the amount (2) in subparagraph (H) by striking the period businesses to which they may provide financial from such institutions may not be reduced to an at the end and inserting ‘‘, or’’; and assistance under this title; or amount less than the amount of the loan made (3) by inserting after subparagraph (H) the ‘‘(B) if it includes any conditions or imposes by the Administration.’’. following: any requirements, directly or indirectly, upon SEC. 209. LOAN LIQUIDATIONS. ‘‘(I) reduction of energy consumption by at any recipient of assistance under this title un- Section 510 of the Small Business Investment least 10 percent.’’. less the department or agency also provides all SEC. 213. LOANS FOR PLANT PROJECTS USED of the financial assistance to be delivered by the Act of 1958 (15 U.S.C. 697g) is amended— (1) by redesignating subsection (e) as sub- FOR ENERGY-EFFICIENT PURPOSES. development company to the small business and section (g); and Section 502(2)(A) of the Small Business Invest- such conditions, priorities or restrictions are (2) by inserting after subsection (d) the fol- ment Act of 1958 (15 U.S.C. 696(2)(A)) is amend- limited solely to the financial assistance so pro- lowing: ed— vided.’’. ‘‘(e) PARTICIPATION.— (1) in clause (ii) by striking ‘‘and’’ at the end; SEC. 204. DEFINITION OF RURAL AREAS. ‘‘(1) MANDATORY.—Any certified development (2) in clause (iii) by striking the period at the Section 501 of the Small Business Investment company which elects not to apply for authority end and inserting ‘‘; and’’; and Act of 1958 (15 U.S.C. 695) is amended by adding to foreclose and liquidate defaulted loans under (3) by adding at the end the following: at the end the following new subsection: this section or which the Administration deter- ‘‘(iv) $4,000,000 for each project that reduces ‘‘(f) As used in subsection (d)(3)(D), the term mines to be ineligible for such authority shall the borrower’s energy consumption by at least ‘rural’ shall include any area other than— contract with a qualified third-party to perform 10 percent.’’. ‘‘(1) a city or town that has a population foreclosure and liquidation of defaulted loans in SEC. 214. EXTENSION OF PERIOD DURING WHICH greater than 50,000 inhabitants; and its portfolio. The contract shall be contingent LOSS RESERVES OF PREMIER CER- ‘‘(2) the urbanized area contiguous and adja- upon approval by the Administration with re- TIFIED LENDERS DETERMINED ON cent to such a city or town.’’. THE BASIS OF OUTSTANDING BAL- spect to the qualifications of the contractor and SEC. 205. BUSINESSES IN LOW-INCOME AREAS. ANCE OF DEBENTURES. the terms and conditions of liquidation activi- Section 508(c)(6)(B) of the Small Business In- Section 501(d)(3) of the Small Business Invest- ties. ment Act of 1958 (15 U.S.C. 695(d)(3)) is amended vestment Act of 1958 (15 U.S.C. 697e(c)(6)(B)) is ‘‘(2) COMMENCEMENT.—The provisions of this amended by striking ‘‘during the 2-year period by inserting after ‘‘business district revitaliza- subsection shall not require any development tion’’ the following: ‘‘or expansion of businesses beginning on the date that is 90 days after the company to liquidate defaulted loans until the date of the enactment of this subparagraph,’’ in low-income communities that would be eligi- Administration has adopted and implemented a ble for new market tax credit investments under and inserting ‘‘through the end of fiscal year program to compensate and reimburse develop- 2008,’’. section 45D of the Internal Revenue Code of 1986 ment companies as provided under subsection (26 U.S.C. 45D)’’. (f). SEC. 215. EXTENSION OF ALTERNATIVE LOSS RE- SERVE PILOT PROGRAM FOR CER- SEC. 206. COMBINATIONS OF CERTAIN GOALS. ‘‘(f) COMPENSATION AND REIMBURSEMENT.— TAIN PREMIER CERTIFIED LENDERS. Section 501(e) of the Small Business Invest- ‘‘(1) REIMBURSEMENT OF EXPENSES.—The Ad- Section 508(c)(7)(J) of the Small Business In- ment Act of 1958 (15 U.S.C. 695(e)) is amended ministration shall reimburse each certified de- vestment Act of 1958 (15 U.S.C. 697e(c)(7)(J)) is by adding at the end the following: velopment company for all expenses paid by amended by striking ‘‘means’’ and all that fol- ‘‘(7) A small business concern that is uncondi- such company as part of the foreclosure and liq- lows through the period at the end and insert- tionally owned by more than one individual, or uidation activities if the expenses— ing ‘‘means each calendar quarter through the a corporation whose stock is owned by more ‘‘(A) were approved in advance by the Admin- end of fiscal year 2008.’’ than one individual, is deemed to achieve a pub- istration either specifically or generally; or lic policy goal under subsection (d)(3) if a com- ‘‘(B) were incurred by the company on an The CHAIRMAN. No amendment to bined ownership share of at least 51 percent is emergency basis without Administration prior the committee amendment is in order held by individuals who are in one of the groups approval but which were reasonable and appro- except those printed in House Report listed as public policy goals specified in sub- priate. 110–108. Each amendment may be of- section (d)(3)(C) or (d)(3)(E).’’. ‘‘(2) COMPENSATION FOR RESULTS.—The Ad- fered only in the order printed in the SEC. 207. REFINANCING. ministration shall develop a schedule to com- report, by a Member designated in the Section 502 of the Small Business Investment pensate and provide an incentive to qualified report, shall be considered read, shall Act of 1958 (15 U.S.C. 696) is amended by adding State or local development companies which at the end the following: foreclose and liquidate defaulted loans. The be debatable for the time specified in ‘‘(7) PERMISSIBLE DEBT REFINANCING.—Any fi- schedule shall be based on a percentage of the the report, equally divided and con- nancing approved under this title may also in- net amount recovered but shall not exceed a trolled by the proponent and an oppo- clude a limited amount of debt refinancing for maximum amount. The schedule shall not apply nent of the amendment, shall not be

VerDate Aug 31 2005 05:11 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.050 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4116 CONGRESSIONAL RECORD — HOUSE April 25, 2007 subject to amendment, and shall not be ing our country, and this increased role My amendment would simply include subject to a demand for division of the should be recognized and supported. members of qualified Indian tribes as question. I urge colleagues to support my eligible to receive loans under the AMENDMENT NO. 1 OFFERED BY MR. MATHESON amendment. Community Express Program in sec- The CHAIRMAN. It is now in order to I yield to the Chair of the full com- tion 103 of the underlying bill. This consider amendment No. 1 printed in mittee, Ms. VELA´ ZQUEZ. minor revision will provide loans to a ´ House Report 110–108. Ms. VELAZQUEZ. I want to thank currently underserved population and Mr. MATHESON. Mr. Chairman, I the gentleman for yielding. help participating lenders better deter- offer an amendment. Mr. Chairman, I am prepared to ac- mine who is actually eligible to receive The CHAIRMAN. The Clerk will des- cept the amendment, and I will yield to loans under the Community Express ignate the amendment. Mr. CHABOT for any comments that he Program. The text of the amendment is as fol- may have. I urge my colleagues to support this lows: Mr. CHABOT. Mr. Chairman, we have amendment. Amendment No. 1 offered by Mr. MATHE- no objection to the amendment. We I yield to the Chair of the full com- SON: commend the gentleman for offering mittee, Ms. VELA´ ZQUEZ. Page 6, line 4, insert after ‘‘Forces’’ the fol- this helpful amendment. Ms. VELA´ ZQUEZ. Mr. Chairman, I lowing: ‘‘or members of the reserve compo- The CHAIRMAN. The question is on am prepared to accept this amendment. nents of the Armed Forces’’. the amendment offered by the gen- I want to thank you for bringing this Page 8, line 14, insert after ‘‘Forces’’ the tleman from Utah (Mr. MATHESON). issue. following: ‘‘or members of the reserve com- The amendment was agreed to. I yield to the ranking member, Mr. ponents of the Armed Forces’’. AMENDMENT NO. 2 OFFERED BY MR. MATHESON CHABOT, for any comment. The CHAIRMAN. Pursuant to House The CHAIRMAN. It is now in order to Mr. CHABOT. I thank the gentlelady Resolution 330, the gentleman from consider amendment No. 2 printed in for yielding. We would also agree with Utah (Mr. MATHESON) and a Member House Report 110–108. this amendment. I think they are both opposed each will control 5 minutes. Mr. MATHESON. Mr. Chairman, I excellent amendments. And I meant to The Chair recognizes the gentleman offer an amendment. comment on the other one as well. from Utah. The CHAIRMAN. The Clerk will des- When the gentleman included our Re- Mr. MATHESON. Mr. Chairman, I ignate the amendment. serve forces as well as other member rise as a supporter of H.R. 1332, the un- The text of the amendment is as fol- veterans in Armed Forces, I think derlying bill, and I would particularly lows: when one considers how patriotic our like to thank the sponsor of the bill, Amendment No. 2 offered by Mr. MATHE- Reservists are and how many of them, Representative MELISSA BEAN, as well SON: especially with our involvement in Iraq as the chairwoman of the Small Busi- Page 6, line 1, insert after ‘‘women,’’ the and Afghanistan, are literally putting ness Committee, Ms. VELA´ ZQUEZ, and following: ‘‘members of qualified Indian their lives on the line, I think this is a tribes,’’. the ranking member, Mr. CHABOT, for very helpful and important amend- all their hard work in bringing this bi- The CHAIRMAN. Pursuant to House ment, both of them. And so we would partisan bill to the floor today. Resolution 330, the gentleman from commend the gentleman for intro- Now, the 7(a) program is SBA’s larg- Utah (Mr. MATHESON) and a Member ducing them. est primary business loan program and opposed each will control 5 minutes. The CHAIRMAN. The question is on provides loan guarantees to thousands The Chair recognizes the gentleman the amendment offered by the gen- of small businesses that are unable to from Utah. tleman from Utah (Mr. MATHESON). obtain financing through the tradi- Mr. MATHESON. Mr. Chairman, as I The amendment was agreed to. tional lending market. That is why I just explained in the discussion on my AMENDMENT NO. 3 OFFERED BY MR. CUELLAR am pleased that section 105 of the un- previous amendment, SBA’s 7(a) loan The CHAIRMAN. It is now in order to derlying bill will establish the In- program helps thousands of entre- consider amendment No. 3 printed in creased Veteran Participation Program preneurs start new businesses, create House Report 110–108. to help increase 7(a) loans to military jobs and grow the economy here in the Mr. CUELLAR. Mr. Chairman, I offer veterans, which declined by over $170 United States. Unfortunately, many an amendment. million between fiscal year 2005 and fis- segments of the American population The CHAIRMAN. The Clerk will des- cal year 2006. are still unable to obtain necessary ignate the amendment. Section 103 of the bill, which perma- capital to successfully become entre- The text of the amendment is as fol- nently establishes the Community Ex- preneurs. Now to help remedy this in- lows: press Program, will also provide much equity, the SBA created the Commu- needed loans to veterans. nity Express Program to reach out to Amendment No. 3 offered by Mr. CUELLAR: Page 5, line 2, strike the period and insert As 14 percent of small businesses in segments of the small business commu- the following: ‘‘or, in the case of a small America are owned by veterans, we nity that have difficulty accessing cap- business concern located in a rural area that should do all we can to support those ital from traditional lending markets. does not have a lender located within 30 who have served our country. However, These businesses are typically owned miles of the principal place of business, we should not leave out the men and by women, veterans and socially or through any lender that is enrolled in, and women who continue to serve our coun- economically disadvantaged individ- administers, the 7(a) loan program that the try honorably every day in the mili- uals who are underrepresented as busi- small business concern chooses.’’. tary reserves. Small business owner- ness owners and who need smaller busi- The CHAIRMAN. Pursuant to House ship is extremely challenging, espe- ness loans accompanied by technical Resolution 330, the gentleman from cially for members of the Reserve com- assistance. Texas (Mr. CUELLAR) and a Member op- ponent of the Armed Forces who must Members of Indian tribes especially posed each will control 5 minutes. carefully balance their civilian careers lack sufficient access to capital for The Chair recognizes the gentleman with their duty to serve our Nation. starting new businesses. Of minority- from Texas. My amendment would simply include owned businesses, only 6.6 percent were Mr. CUELLAR. Mr. Chairman, I yield members of the Reserve components of owned by American Indians, the least myself such time as I may consume. the Armed Forces as eligible to receive percentage of any minority group sur- I rise today to encourage my col- loans under the Community Express veyed. And of U.S. nonfarm businesses, leagues to support my amendment and Program in section 103 of the bill and less than 1 percent are owned by Amer- help rural small businesses receive the as eligible to participate in the In- ican Indians. access to capital they need to grow. creased Veteran Participation Program I represent many Native American I would like to thank my good friend, in section 105. tribes in my district, and I know the Chairwoman VELA´ ZQUEZ, for reporting Since 9/11, I think we all know we entrepreneurial spirit is alive and well out this critical bill, and to Congress- have relied on members of the Reserve if only scarce capital can be attained woman BEAN for taking the lead on more and more to participate in serv- for new businesses. this issue. I also want to thank the

VerDate Aug 31 2005 05:11 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.101 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4117 ranking member, Mr. CHABOT, for the Mr. CHABOT. I thank the gentlelady leaders in job creation and are the dy- leadership and bipartisan support that for yielding, and I want to commend namic growth center for the American he has shown in this bill and in the the gentleman from Texas for offering economy, and now they are poised to committee. a very thoughtful amendment here. become the leaders in our green build- My amendment would strengthen the Oftentimes when you have a bill as ing revolution. We know that we have underlying bill and ensure that we complicated as this one is, the point of challenges on energy security, we know solve one of the most critical problems the bill obviously is pretty straight- we have challenges to deal with on facing rural small businesses. forward: It is to streamline and im- global warming, and we know that Like many parts of the United prove the process, make it more acces- small businesses have challenges to re- States, my congressional district is the sible to small business people, because ceive capital to help in their programs home to many rural companies. It is that is one of the main problems that to make their businesses more effi- well known that small businesses found we have, that small businessmen have, cient, less costly for energy consump- in rural communities have a more dif- and small businesswomen as well, is ac- tion, and less emitting of greenhouse ficult time accessing affordable capital cess to capital. gases. than their counterparts in the large One has to look at this sometimes Our amendment would create the metropolitan areas. what do you do to benefit rural com- ability of the SBA to provide capital to Considering that there are probably munities, and sometimes it is more our small businesses across the coun- about 1.2 million rural businesses, it is urban communities. I happen to rep- try to do thousands of things that they important to reach out to this vital resent an overall fairly urban commu- want to start doing, items like putting part of our economy. The Rural Indian nity, the city of Cincinnati. But I know additional energy-efficient equipment Outreach Program proposed in this bill the gentleman has a much larger dis- into their businesses, building green will be a tremendous tool for lenders trict in mind, one in which the chal- roofs that can prevent energy loss, in- located in rural communities. lenges may be somewhat different. And stallation of renewable energy sources I think it is very good that the gen- b 1715 like photovoltaic cells and energy tleman took the time to go through equipment heating and cooling sys- The provisions outlined will take a this bill with such care to find a way tems. The list is endless. major step toward expanding the finan- that he can benefit the people in his I would like to think of a little small cial options for the rural economy. community and at the same time make business called the Snoqualmie Ice Unfortunately, this bill in the cur- it a better bill. Cream Company, which is some of the rent form, the rural small businesses So I again commend the gentleman best ice cream in the world, but they owner needs access to the rural lenders for his thoughtful approach to this bill, used an SBA loan essentially to put that use this particular program. In thank him for offering this amend- impervious concrete and build a green my rural areas, many small businesses ment, and we are in a position to ac- roof, which helped their business oper- do not live close to a bank and there- cept it. And I again thank him for his ations and helped the environment to fore they are forced to do banking hard work on this. boot. ´ many miles away from the closest city. Ms. VELAZQUEZ. Mr. Chairman, we So we would propose that we expand We must make sure that we help both are prepared to accept the amendment. the SBA purposes to allow our small the rural lender and the rural business Mr. CUELLAR. Mr. Chairman, I want businessmen and women to be on the ´ owner. to thank again Chairwoman VELAZQUEZ cutting edge of green building and The amendment that I have, Mr. and the ranking member for their sup- green businesses across the country. Chairman, states that a rural small port and leadership, their bipartisan This will help them move a step for- business who is not within 30 miles of a support. ward to use their dynamic leadership. rural lender can take advantage of the Mr. Chairman, I yield back the bal- Mr. Chairman, I yield to Ms. ance of my time. rural lending outreach program VELA´ ZQUEZ. The CHAIRMAN. The question is on through any lender in the SBA 7(a) Ms. VELA´ ZQUEZ. Mr. Chairman, we the amendment offered by the gen- loan program. It is my hope that this are prepared to accept the amendment. tleman from Texas (Mr. CUELLAR). amendment will further increase op- I yield to the ranking member for any The amendment was agreed to. portunities for small businesses and ex- comments that he might have. pand the rural economies throughout AMENDMENT NO. 4 OFFERED BY MR. INSLEE Mr. CHABOT. I thank the gentlelady The CHAIRMAN. It is now in order to our Nation. for yielding. We are in a position to ac- consider amendment No. 4 printed in Mr. Chairman, I yield to Chairwoman cept this amendment as well, and I House Report 110–108. VELA´ ZQUEZ at this time. And I believe commend the gentleman for offering it. Mr. INSLEE. Mr. Chairman, I offer there is support for this amendment. Mr. INSLEE. Mr. Chairman, I yield Ms. VELA´ ZQUEZ. In our hearings, an amendment. The CHAIRMAN. The Clerk will des- back the balance of our time. Mr. Chairman, the committee heard The CHAIRMAN. The question is on testimony on the various challenges ignate the amendment. The text of the amendment is as fol- the amendment offered by the gen- facing the 7(a) program. One of the lows: tleman from Washington (Mr. INSLEE). more troubling developments has been The amendment was agreed to. Amendment No. 4 offered by Mr. INSLEE: a steady decline in the number of lend- Page 26, strike lines 3 through 8 and insert The CHAIRMAN. The question is on ers participating in the 7(a) program, the following: the committee amendment in the na- particularly among small lenders and (2) in subparagraph (H) by striking the pe- ture of a substitute, as amended. community banks located in rural riod at the end and inserting a comma; and The committee amendment in the areas. With fewer lenders in the pro- (3) by inserting after subparagraph (H) the nature of a substitute, as amended, was gram, we all lose. following: agreed to. The rural lender outreach program is ‘‘(I) reduction of energy consumption by at The CHAIRMAN. Under the rule, the intended to help remedy this problem. least 10 percent, or Committee rises. ‘‘(J) increased use of sustainable design or With simpler application standards and low-impact design to produce buildings that Accordingly, the Committee rose; a streamlined lending process, the reduce the use of non-renewable resources, and the Speaker pro tempore (Ms. rural lender outreach program will fa- minimize environmental impact, and relate DEGETTE) having assumed the chair, cilitate participation in the 7(a) among people with the natural environment.’’. Mr. PASTOR, Chairman of the Com- small lenders in rural communities. The CHAIRMAN. Pursuant to House mittee of the Whole House on the state I look forward to working with my Resolution 330, the gentleman from of the Union, reported that that Com- colleague to ensure that this amend- Washington (Mr. INSLEE) and a Member mittee, having had under consideration ment will help the rural lender out- opposed each will control 5 minutes. the bill (H.R. 1332) to improve the ac- reach program achieve its important The Chair recognizes the gentleman cess to capital programs of the Small objectives. from Washington. Business Administration, and for other I yield to the gentleman from Ohio Mr. INSLEE. My fellow Members, we purposes, pursuant to House Resolution for any comments that he might have. know that small businesses have been 330, he reported the bill back to the

VerDate Aug 31 2005 05:11 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.106 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4118 CONGRESSIONAL RECORD — HOUSE April 25, 2007 House with an amendment adopted by House and the conferees on the supple- TAX PACKAGE TIED TO MINIMUM WAGE HIKE the Committee of the Whole. mental appropriations bill that will be FAILS TO DELIVER RELIEF FOR SMALL BUSI- The SPEAKER pro tempore. Under considered later tonight to adequately NESS the rule, the previous question is or- provide tax relief to those small busi- NFIB disappointed in diminished small-busi- dered. nesses most impacted by an increase in ness tax relief in the federal supplemental spending bill Is a separate vote demanded on any the minimum wage. WASHINGTON, D.C., APRIL 25, 2007—Dan amendment to the amendment re- The agreement reached by the major- Danner, executive vice president of the Na- ported from the Committee of the ity and inserted into the supplemental tional Federation of Independent Business, Whole? If not, the question is on the does provide a larger dollar figure for today made the following statement in reac- amendment. relief than was passed by the House tion to the reduced small-business tax-relief The amendment was agreed to. package contained in the federal minimum earlier this year, but almost none of wage increase legislation, now attached to The SPEAKER pro tempore. The the added tax revenues will provide re- question is on the engrossment and the Iraq spending bill. lief to the small businesses most in It’s truly disheartening that during Na- third reading of the bill. need of assistance because of the in- tional Small Business Week Congress has de- The bill was ordered to be engrossed crease in the minimum wage. cided to renege on their promise to deliver and read a third time, and was read the meaningful tax relief to the American small- third time. For example, more than 53 percent of business community in the face of a man- MOTION TO RECOMMIT OFFERED BY MR. the tax relief is in the form of a 44- dated federal minimum wage hike. While small businesses appreciate the in- MCCRERY month extension of the work oppor- creased and extended expensing limit, the Mr. MCCRERY. Madam Speaker, I tunity tax credit. While extending the work opportunity tax credit may be tax package as a whole simply does not offer offer a motion to recommit. enough growth-oriented tax relief to allow The SPEAKER pro tempore. Is the good policy, and I happen to like that small businesses to invest and stay competi- gentleman opposed to the bill? credit, more than 90 percent of the tive. NFIB is disappointed to see that the re- Mr. MCCRERY. In its current form. credits are claimed by firms with gross duced tax package falls short of truly offset- The SPEAKER pro tempore. The receipts over $50 million, hardly small ting the costs small businesses will be forced businesses. to absorb as a result of a minimum wage in- Clerk will report the motion to recom- crease. mit. Other provisions, while well inten- Small-business owners have always op- The Clerk read as follows: tioned, will have little or no impact on posed mandated wage levels because it leaves Mr. McCrery moves to recommit the bill, small businesses. The S-Corp reforms, them with fewer choices in how they com- H.R. 1332, to the Committee on Small Busi- which costs almost $1 billion, have no pensate their employees. But in the face of ness, with instructions to report back the direct relation to firms impacted by an inevitable wage hike, the small-business community was pleased to hear that Con- same forthwith with the following amend- the minimum wage. ments: gress was planning to offer a tax package aimed at helping small businesses cope with Page 6, after line 7, insert the following: I support the changes in the package to the low income housing tax credit, additional labor costs. ‘‘(B) For purposes of subparagraph (A)(i), From the beginning of this debate, the ac- the Administrator shall consider any small but that $237 million in tax relief, companying tax package was supposed to be business concern that can demonstrate it is again, does nothing towards satisfying about helping the country’s small busi- adversely affected by a raise in the Federal the stated purpose of helping small nesses. Instead, Congress has spent more minimum wage to be economically disadvan- businesses cope with the increase in time catering to big business demands than taged.’’. the minimum wage. providing real tax relief to those who need it Page 6, line 8, strike ‘‘(B)’’ and insert most—American small-business owners. ‘‘(C)’’. While the work opportunity tax cred- As this debate continues, NFIB will con- Page 6, line 13, strike ‘‘(C)’’ and insert it was expanded and was given a longer tinue its efforts to educate members of Con- ‘‘(D)’’. extension than in the House-passed gress about why small businesses need and Page 6, line 17, strike ‘‘(D)’’ and insert package, provisions to help small busi- deserve meaningful tax relief. ‘‘(E)’’. nesses by increasing expensing were Last week my friend, the distin- Ms. VELA´ ZQUEZ. Madam Speaker, I not given similar treatment. Other de- guished chairman of the Ways and reserve a point of order against the mo- preciation changes included in the Sen- Means Committee, indicated that the tion. ate-passed bill that could have helped tax package on the supplemental was The SPEAKER pro tempore. The small businesses were completely left the final deal. I suppose he meant the point of order is reserved. out of the conference agreement. In final deal on taxes associated with the The gentleman from Louisiana is rec- fact, barely $1 billion of the total al- minimum wage increase. And I guess ognized for 5 minutes. most $5 billion package provides relief he meant that, even if the supple- Mr. MCCRERY. Madam Speaker, the to small businesses; and almost half of mental is vetoed, that we don’t go back motion to recommit that I am offering that, $457 million of it, exists solely to to square one, that there will still be makes an important point about how protect restaurant owners from the tax no renegotiation of the tax package. we treat small businesses, the engine increase they would otherwise face That is unfortunate, and that is what that drives much of our economy and from a minimum wage increase. Thus, brings us here today. creates many of our jobs in this coun- only about one-eighth of the new bene- The majority has said it is unwilling try. fits are targeted at small businesses. to reconsider ways to ensure that we provide tax relief to the businesses The underlying bill makes permanent That minimal relief for small busi- the Community Express Program, most in need and to examine the short- nesses looks even smaller when com- comings of the tax package. Thus, we which provides loans up to $250,000 to pared against the Congressional Budget businesses which are owned by certain must find other ways to help small Office’s estimate that the increase in businesses continue to be the engines favored groups such as women, minori- the minimum wage will impose more ties, veterans, or socially or economi- of job creation in our economy. By than $16 billion in costs on the private making small businesses adversely af- cally disadvantaged individuals. The sector over the next 5 years. fected by a minimum wage increase eli- measure does not define what it means gible for the community express pro- for a business owner to be ‘‘economi- It should come as no surprise to any- gram, Madam Speaker, we are offering cally disadvantaged.’’ one to learn that the National Federa- the House an opportunity, a chance, to This would require that the Small tion of Independent Business, a small make good on the promise to help Business Administration would con- business association, released a state- those businesses impacted by an in- sider as economically disadvantaged ment today criticizing Congress for crease of the minimum wage. those business owners that can dem- failing to deliver meaningful tax relief to the American small business com- Madam Speaker, I urge passage of onstrate that they have been adversely the motion. impacted by an increase in the Federal munity in the face of a mandated Fed- minimum wage. eral minimum wage hike. b 1730 The importance of this motion is I submit for printing in the RECORD Madam Speaker, I yield back the bal- clear in the face of the failure of this the entire statement of NFIB. ance of my time.

VerDate Aug 31 2005 05:11 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.110 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4119 Ms. VELA´ ZQUEZ. Madam Speaker, I Herger McKeon Royce Ryan (OH) Slaughter Vela´ zquez withdraw my point of order against the Hobson McMorris Ryan (WI) Salazar Smith (WA) Visclosky Hoekstra Rodgers Sali Sa´ nchez, Linda Snyder Walz (MN) motion, and I rise in opposition to the Hulshof Mica Saxton T. Solis Wasserman motion to recommit. Inglis (SC) Miller (FL) Schmidt Sanchez, Loretta Spratt Schultz The SPEAKER pro tempore. The gen- Issa Miller (MI) Sensenbrenner Sarbanes Stark Waters Jindal Miller, Gary Schakowsky Stupak tlewoman from New York is recognized Sessions Watson Johnson (IL) Moran (KS) Shadegg Schiff Sutton Watt Schwartz Tanner for 5 minutes. Johnson, Sam Murphy, Tim Shays Waxman ´ Jones (NC) Musgrave Scott (GA) Tauscher Ms. VELAZQUEZ. Madam Speaker, it Shimkus Weiner Jordan Myrick Scott (VA) Taylor amazes me if the gentleman from Lou- Shuster Welch (VT) Keller Neugebauer Simpson Serrano Thompson (CA) isiana is so concerned about the state King (IA) Nunes Sestak Thompson (MS) Wexler Smith (NE) Wilson (OH) of small businesses in our country, why King (NY) Paul Smith (NJ) Shea-Porter Tierney Kingston Pearce Sherman Towns Woolsey is it that every time that I brought an Smith (TX) Wu Kirk Pence Souder Shuler Udall (CO) amendment to any bill to reduce the Sires Udall (NM) Wynn Kline (MN) Peterson (PA) Space Knollenberg Petri Skelton Van Hollen Yarmuth cost of the 7(a) business loan program, Stearns Kuhl (NY) Pickering you voted against that bill, against Sullivan LaHood Pitts NOT VOTING—11 those amendments? That is the way we Tancredo Lamborn Platts Bartlett (MD) Davis, Jo Ann McIntyre Terry provide relief to small businesses. Latham Poe Bishop (GA) Hunter Thornberry Westmoreland LaTourette Porter Boyd (FL) Kaptur The problem with the gentleman Tiahrt Whitfield from Louisiana is that he doesn’t be- Lewis (CA) Price (GA) Cubin Lampson Lewis (KY) Pryce (OH) Tiberi lieve that the minimum wage should be Linder Putnam Turner ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE raised, and that 10 years is not long LoBiondo Radanovich Upton Walberg The SPEAKER pro tempore (during enough. So by supporting this motion Lucas Ramstad the vote). Members are advised there Lungren, Daniel Regula Walden (OR) to recommit, you are voting against E. Rehberg Walsh (NY) are 2 minutes remaining to vote. providing relief to small businesses. Mack Reichert Wamp What we are doing with this bill is Manzullo Renzi Weldon (FL) b 1755 reducing up to $50,000 in fees to bor- Marchant Reynolds Weller McCarthy (CA) Rogers (AL) Wicker Mr. MURPHY of Connecticut, Mr. rowers in this country. That is real re- McCaul (TX) Rogers (KY) Wilson (NM) KAGEN, Ms. DELAURO, Mr. lief. McCotter Rogers (MI) Wilson (SC) McCrery Rohrabacher Wolf MCNERNEY, Ms. MCCOLLUM of Min- So I urge my colleagues to vote nesota, Mrs. GILLIBRAND, Messrs. against this motion, and to support the McHenry Ros-Lehtinen Young (AK) McHugh Roskam Young (FL) HOYER, ALTMIRE, HILL, and SCOTT underlying bill. of Virginia changed their vote from Madam Speaker, I yield back the bal- NAYS—224 ‘‘yea’’ to ‘‘nay.’’ ance of my time. Abercrombie Doyle Levin Mr. MORAN of Kansas and Mr. PICK- Ackerman The SPEAKER pro tempore. Without Edwards Lewis (GA) ERING changed their vote from ‘‘nay’’ objection, the previous question is or- Allen Ellison Lipinski Altmire Ellsworth Loebsack to ‘‘yea.’’ dered on the motion to recommit. Andrews Emanuel Lofgren, Zoe So the motion was rejected. There was no objection. Arcuri Engel Lowey The result of the vote was announced The SPEAKER pro tempore. The Baca Eshoo Lynch Baird Etheridge Mahoney (FL) as above recorded. question is on the motion to recommit. Baldwin Farr Maloney (NY) Stated against: The question was taken; and the Barrow Fattah Markey Mr. BOYD of Florida. Madam Speaker, on Bean Filner Marshall Speaker pro tempore announced that rollcall No. 262, had I been present, I would the noes appeared to have it. Becerra Frank (MA) Matheson Berkley Giffords Matsui have voted ‘‘nay.’’ Mr. MCCRERY. Madam Speaker, on Berman Gillibrand McCarthy (NY) that I demand the yeas and nays. Berry Gonzalez McCollum (MN) f The yeas and nays were ordered. Bishop (NY) Gordon McDermott Blumenauer Green, Al McGovern The SPEAKER pro tempore. Pursu- Boren Green, Gene McNerney LEGISLATIVE PROGRAM ant to clause 9 of rule XX, the Chair Boswell Grijalva McNulty (Mr. BLUNT asked and was given Boucher Gutierrez Meehan will reduce to 5 minutes the minimum permission to address the House for 1 time for any electronic vote on the Boyda (KS) Hall (NY) Meek (FL) Brady (PA) Hare Meeks (NY) minute.) question of passage. Braley (IA) Harman Melancon Mr. BLUNT. Madam Speaker, I rise The vote was taken by electronic de- Brown, Corrine Hastings (FL) Michaud for the purpose of inquiring about the vice, and there were—yeas 197, nays Butterfield Herseth Sandlin Miller (NC) Capps Higgins Miller, George schedule, and I yield to my friend, the 224, not voting 11, as follows: Capuano Hill Mitchell majority leader, for information about [Roll No. 262] Cardoza Hinchey Mollohan the schedule, tomorrow, Monday and Carnahan Hinojosa Moore (KS) YEAS—197 Carson Hirono Moore (WI) Tuesday. Aderholt Camp (MI) Everett Castor Hodes Moran (VA) Mr. HOYER. I thank the gentleman Akin Campbell (CA) Fallin Chandler Holden Murphy (CT) for yielding, and I want to tell the Alexander Cannon Feeney Clarke Holt Murphy, Patrick Bachmann Cantor Ferguson Clay Honda Murtha Members that tomorrow we have only Bachus Capito Flake Cleaver Hooley Nadler one bill scheduled. That is H.R. 249. We Baker Carney Forbes Clyburn Hoyer Napolitano will consider that bill. I am hopeful Barrett (SC) Carter Fortenberry Cohen Inslee Neal (MA) that we will complete that bill early Barton (TX) Castle Fossella Conyers Israel Oberstar Biggert Chabot Foxx Cooper Jackson (IL) Obey afternoon. Bilbray Coble Franks (AZ) Costa Jackson-Lee Olver On Monday, the funeral is being held Bilirakis Cole (OK) Frelinghuysen Costello (TX) Ortiz for Congresswoman Millender-McDon- Bishop (UT) Conaway Gallegly Courtney Jefferson Pallone Blackburn Crenshaw Garrett (NJ) Cramer Johnson (GA) Pascrell ald, and many of our Members on both Blunt Culberson Gerlach Crowley Johnson, E. B. Pastor sides of the aisle I know will be attend- Boehner Davis (KY) Gilchrest Cuellar Jones (OH) Payne ing that funeral. We will have no busi- Bonner Davis, David Gillmor Cummings Kagen Perlmutter ness on Monday. Not only no votes, but Bono Davis, Tom Gingrey Davis (AL) Kanjorski Peterson (MN) Boozman Deal (GA) Gohmert Davis (CA) Kennedy Pomeroy there will be no business on Monday. Boustany Dent Goode Davis (IL) Kildee Price (NC) On Tuesday, you need to expect votes Brady (TX) Diaz-Balart, L. Goodlatte Davis, Lincoln Kilpatrick Rahall anytime after noon. So we plan to have Brown (SC) Diaz-Balart, M. Granger DeFazio Kind Rangel Brown-Waite, Doolittle Graves DeGette Klein (FL) Reyes a full day on Tuesday, not a 6:30 com- Ginny Drake Hall (TX) Delahunt Kucinich Rodriguez ing in here, but there will be no votes Buchanan Dreier Hastert DeLauro Langevin Ross until noon on Tuesday. Burgess Duncan Hastings (WA) Dicks Lantos Rothman Mr. BLUNT. I thank the gentleman Burton (IN) Ehlers Hayes Dingell Larsen (WA) Roybal-Allard Buyer Emerson Heller Doggett Larson (CT) Ruppersberger for the information, and I think that is Calvert English (PA) Hensarling Donnelly Lee Rush helpful to our Members.

VerDate Aug 31 2005 06:14 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.113 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4120 CONGRESSIONAL RECORD — HOUSE April 25, 2007 ANNOUNCEMENT BY THE SPEAKER Lantos Oberstar Shuster So the bill was passed. Larsen (WA) Obey Simpson The result of the vote was announced PRO TEMPORE Larson (CT) Olver Sires as above recorded. The SPEAKER pro tempore. Without Latham Ortiz Skelton A motion to reconsider was laid on objection, 5-minute voting will con- LaTourette Pallone Slaughter Lee Pascrell Smith (NE) the table. tinue. Levin Pastor Smith (NJ) Stated for: There was no objection. Lewis (CA) Payne Smith (TX) Ms. SOLIS. Madam Speaker, During rollcall Lewis (GA) Pearce Smith (WA) f Lewis (KY) Perlmutter Snyder vote No. 263, the Small Business Lending Im- Lipinski Peterson (MN) Souder provements Act, on April 25, 2007. I was un- SMALL BUSINESS LENDING LoBiondo Peterson (PA) Space avoidably detained. Had I been present, I Loebsack Petri IMPROVEMENTS ACT OF 2007 Spratt would have voted ‘‘aye.’’ Lofgren, Zoe Pickering Stark The SPEAKER pro tempore. The Lowey Pitts Stearns f Lucas Platts question is on the passage of the bill. Stupak Lungren, Daniel Poe Sullivan AUTHORIZING THE CLERK TO The question was taken; and the E. Pomeroy Sutton MAKE CORRECTIONS IN EN- Speaker pro tempore announced that Lynch Porter Tanner GROSSMENT OF H.R. 1332, SMALL Mahoney (FL) Price (NC) the ayes appeared to have it. Tauscher BUSINESS LENDING IMPROVE- Maloney (NY) Pryce (OH) Taylor RECORDED VOTE Marchant Putnam Terry MENTS ACT of 2007 Markey Rahall Ms. VELA´ ZQUEZ. Madam Speaker, I Thompson (CA) ´ Marshall Ramstad Ms. VELAZQUEZ. Madam Speaker, I Thompson (MS) demand a recorded vote. Matheson Rangel ask unanimous consent that the Clerk Thornberry A recorded vote was ordered. Matsui Regula Tiahrt is authorized to correct section num- McCarthy (CA) Rehberg The SPEAKER pro tempore. This Tiberi bers, punctuation, and cross-references, McCarthy (NY) Reichert Tierney will be a 5-minute vote. McCaul (TX) Renzi and to make other necessary technical Towns The vote was taken by electronic de- McCollum (MN) Reyes Turner and conforming corrections in the en- McCotter Reynolds vice, and there were—ayes 380, noes 45, Udall (CO) grossment of H.R. 1332. McCrery Rodriguez not voting 7, as follows: Udall (NM) McDermott Rogers (AL) The SPEAKER pro tempore. Is there [Roll No. 263] McGovern Rogers (KY) Upton objection to the request of the gentle- McHugh Rogers (MI) Van Hollen woman from New York? AYES—380 Vela´ zquez McIntyre Ros-Lehtinen There was no objection. Abercrombie Clarke Gillmor McKeon Roskam Visclosky Ackerman Clay Gohmert McMorris Ross Walberg f Aderholt Cleaver Gonzalez Rodgers Rothman Walden (OR) Akin Clyburn Goodlatte McNerney Roybal-Allard Walsh (NY) AMENDMENT PROCESS FOR CON- Alexander Coble Gordon McNulty Ruppersberger Walz (MN) SIDERATION OF H.R. 1429, IM- Allen Cohen Granger Meehan Rush Wamp PROVING HEAD START ACT OF Altmire Cole (OK) Graves Wasserman Meek (FL) Ryan (OH) 2007; AND H.R. 1868, TECHNOLOGY Andrews Conaway Green, Al Meeks (NY) Ryan (WI) Schultz Arcuri Conyers Green, Gene Melancon Salazar Waters INNOVATION AND MANUFAC- Baca Cooper Grijalva Mica Sa´ nchez, Linda Watson TURING STIMULATION ACT OF Bachus Costa Gutierrez Michaud T. Watt 2007 Baird Costello Hall (NY) Miller (MI) Sanchez, Loretta Waxman Baker Courtney Hall (TX) Miller (NC) Sarbanes Weiner (Ms. SLAUGHTER asked and was Baldwin Cramer Hare Miller, George Saxton Welch (VT) given permission to address the House Barrow Crenshaw Harman Mitchell Schakowsky Weldon (FL) for 1 minute.) Bartlett (MD) Crowley Hastings (FL) Mollohan Schiff Weller Barton (TX) Cuellar Hastings (WA) Moore (KS) Schmidt Wexler Ms. SLAUGHTER. The Rules Com- Bean Cummings Heller Moore (WI) Schwartz Whitfield mittee is expected to meet the week of Becerra Davis (AL) Herger Moran (KS) Scott (GA) Wicker April 30 to grant a rule which may Berkley Davis (CA) Herseth Sandlin Moran (VA) Scott (VA) Wilson (NM) structure the amendment process for Berman Davis (IL) Higgins Murphy (CT) Sensenbrenner Wilson (OH) Berry Davis, David Hill Murphy, Patrick Serrano Wilson (SC) floor consideration of H.R. 1429, the Im- Bilbray Davis, Lincoln Hinchey Murphy, Tim Sessions Wolf proving Head Start Act of 2007. Bilirakis Davis, Tom Hinojosa Murtha Sestak Woolsey Members who wish to offer an amend- Bishop (GA) DeFazio Hirono Musgrave Shays Wu ment to this bill should submit 30 cop- Bishop (NY) DeGette Hobson Nadler Shea-Porter Wynn Bishop (UT) Delahunt Hodes Napolitano Sherman Yarmuth ies of the amendment and a brief de- Blackburn DeLauro Hoekstra Neal (MA) Shimkus Young (AK) scription of the amendment to the Blumenauer Dent Holden Nunes Shuler Young (FL) Blunt Diaz-Balart, L. Holt Rules Committee in H–312 in the Cap- Boehner Diaz-Balart, M. Honda NOES—45 itol no later than 2:00 p.m. on Monday, Bonner Dicks Hooley Bachmann Franks (AZ) Manzullo April 30. Members are strongly advised Bono Dingell Hoyer Barrett (SC) Garrett (NJ) McHenry to adhere to this amendment deadline Boozman Doggett Hulshof Biggert Gingrey Miller (FL) to ensure the amendments receive con- Boren Donnelly Inslee Brady (TX) Goode Miller, Gary Boswell Doyle Israel Campbell (CA) Hastert Myrick sideration. Boucher Drake Issa Cantor Hayes Neugebauer Amendments should be drafted to the Boustany Dreier Jackson (IL) Carter Hensarling Paul bill as reported by the Committee on Boyd (FL) Edwards Jackson-Lee Culberson Inglis (SC) Pence Education and Labor. A copy of that Boyda (KS) Ehlers (TX) Davis (KY) Johnson, Sam Price (GA) Brady (PA) Ellison Jefferson Deal (GA) Jones (NC) Radanovich bill is posted on the Web site of the Braley (IA) Ellsworth Jindal Doolittle King (IA) Rohrabacher Rules Committee. Brown (SC) Emanuel Johnson (GA) Duncan Kingston Royce Brown, Corrine Emerson Johnson (IL) Amendments should be drafted by Feeney Lamborn Sali Legislative Counsel and also should be Brown-Waite, Engel Johnson, E. B. Flake Linder Shadegg Ginny English (PA) Jones (OH) Foxx Mack Tancredo reviewed by the Office of the Parlia- Buchanan Eshoo Jordan mentarian to be sure that the amend- Burgess Etheridge Kagen NOT VOTING—7 ments comply with the rules of the Burton (IN) Everett Kanjorski Buyer Hunter Westmoreland Butterfield Fallin Kaptur Cubin Lampson House. Members are also strongly en- Calvert Farr Keller Davis, Jo Ann Solis couraged to submit their amendments Camp (MI) Fattah Kennedy Cannon Ferguson Kildee ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE to the Congressional Budget Office for Capito Filner Kilpatrick The SPEAKER pro tempore (during analysis regarding possible PAYGO Capps Forbes Kind the vote). Members are advised there violations. Capuano Fortenberry King (NY) The Rules Committee is also ex- Cardoza Fossella Kirk are 2 minutes remaining. Carnahan Frank (MA) Klein (FL) pected to meet the week of April 30 to Carney Frelinghuysen Kline (MN) b 1806 grant a rule which may structure the Carson Gallegly Knollenberg Mr. PENCE changed his vote from amendment process for floor consider- Castle Gerlach Kucinich ‘‘aye’’ to ‘‘no.’’ ation of H.R. 1868, Technology Innova- Castor Giffords Kuhl (NY) Chabot Gilchrest LaHood Mr. AKIN changed his vote from tion and Manufacturing Stimulation Chandler Gillibrand Langevin ‘‘no’’ to ‘‘aye.’’ Act of 2007.

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.116 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4121 Members who wish to offer an amend- vides that the conference report shall and Afghanistan, particularly for the ment to this bill should submit 30 cop- be considered as read. traumatic brain injury victims, for ies of the amendment and a brief de- Mr. Speaker, after 4 years of the ad- Katrina recovery operations, for the scription of the amendment to the ministration’s relentless mismanage- avian flu vaccines, wildfire prevention, Rules Committee in H–312 in the Cap- ment of the Iraq war, mismanagement and for health insurance for children, itol no later than 2:00 p.m. on Monday, that has needlessly endangered our sol- among many other things. Those April 30. Members are strongly advised diers and lost countless Iraqi lives, this things are what supplemental bills to adhere to this amendment deadline new Democratic Congress is deter- have always been for, not to fund wars. to ensure the amendments receive con- mined to exercise our constitutional The President and his allies have sideration. duty and to change the Nation’s course chosen to dismiss this spending as un- Amendments should be drafted to the in Iraq. We are hardly alone in our esti- justifiable pork. They have asked Con- bill as reported by the Committee on mation of what must be done there. gress to deliver a clean bill, in their Science and Technology. A copy of that A growing chorus of opinion has coa- words, but I can’t think of programs bill is posted on the Web site of the lesced around the need for a new direc- much cleaner and more worthy of our Rules Committee. tion. Virtually all of our generals agree support than those I just mentioned. Amendments should be drafted by that this fight cannot be won mili- The definition of a great nation is Legislative Counsel and also should be tarily, and General David Petraeus has one that has the power to define its reviewed by the Office of the Parlia- said that the American mission in Iraq own destiny and that uses its strength mentarian to be sure that the amend- is 20 percent military and 80 percent wisely to help others in need. Insur- ments comply with the rules of the political, economic and diplomatic. gents who seek to destroy what is left House. Members are also strongly en- He is joined by the Secretary of De- of the Iraq society are abominable, but couraged to submit their amendments fense, Robert Gates, who applauded they can do far less damage to our to the Congressional Budget Office for this debate, saying it will demonstrate country than we do to ourselves by analysis regarding possible PAYGO to the Iraqi leadership that America pursuing flawed policies that deplete violations. will no longer tolerate an open-ended our Armed Forces, undermine our alli- f commitment without any benchmarks ances, and lessen our influence and for success. moral authority around the world. PROVIDING FOR CONSIDERATION James A. Baker and Lee Hamilton of b 1815 OF H.R. 1591, U.S. TROOP READI- the President’s own Iraq Study Group NESS, VETERANS’ HEALTH, AND have called for the American military Why should we do what they cannot? IRAQ ACCOUNTABILITY ACT, 2007 to focus on training Iraqi security At the same time, the Iraqi people Ms. SLAUGHTER. Mr. Speaker, by forces instead of conducting endless se- deserve so much more than the life of direction of the Committee on Rules, I curity sweeps. fear they now lead. But America can be call up House Resolution 332 and ask Retired generals have joined in as true to itself; we must have the humil- for its immediate consideration. well. Retired Lieutenant General Wil- ity and the vision to recognize what is The Clerk read the resolution, as fol- liam E. Odom, to name just one, has working and what is not, and to correct lows: said that the proposed change in course our failures when reality demands it. I believe that we are, indeed, a great H. RES. 332 will, and I quote, ‘‘re-orient U.S. strat- Nation, Mr. Speaker. We have the abil- Resolved, That upon adoption of this reso- egy to achieve regional stability, and lution it shall be in order to consider the win help from many other countries— ity to choose our own way forward. conference report to accompany the bill the only way peace will eventually be Starting today, starting here, we can (H.R. 1591) making emergency supplemental achieved.’’ choose to reject a path that is failing appropriations for the fiscal year ending What of the people of the United our soldiers, our citizens, and the peo- September 30, 2007, and for other purposes. States of America? It is their sons and ple of Iraq. And we can set a new All points of order against the conference re- daughters, their husbands and wives, course that offers a real chance for a port and against its consideration are their friends and family who have better future instead of endless, waived. The conference report shall be con- unfulfilled promises. sidered as read. fought, have been injured and died in this war by the tens of thousands. This bill is the first step on that new The SPEAKER pro tempore. The gen- They, more than anyone else, have course, and I urge everybody in this tlewoman from New York (Ms. SLAUGH- demanded that America’s mission in body and in the White House to see it TER) is recognized for 1 hour. Iraq be changed. This bill is a state- for what it truly is. It is not an admis- Ms. SLAUGHTER. Mr. Speaker, for ment that Congress will no longer fund sion of defeat, but it is proof that our the purpose of debate only, I yield the the war as it exists today. country has the courage and the fore- customary 30 minutes to the gen- With it, Democrats are demanding sight needed to truly act like the great tleman from California (Mr. DREIER). accountability and requiring that fu- Nation that we truly are. All time yielded during consideration ture support be based on tangible Mr. Speaker, I reserve the balance of of the rule is for debate only. progress being made. We are refusing my time. Mr. Speaker, I yield myself such time to ask our soldiers to continue fighting Mr. DREIER. Mr. Speaker, I yield as I may consume. an open-ended battle to achieve goals myself such time as I may consume. GENERAL LEAVE that are constantly being altered. Such (Mr. DREIER asked and was given Ms. SLAUGHTER. Mr. Speaker, I ask a request is not worthy of their sac- permission to revise and extend his re- unanimous consent that all Members rifice. marks and include extraneous mate- may be given 5 legislative days in Let me say also that while the Presi- rial.) which to revise and extend their re- dent said that this bill is nothing more Mr. DREIER. Mr. Speaker, I thank marks on House Resolution 332. than a political statement, the oppo- my very good friend from Rochester, The SPEAKER pro tempore. Is there site is the case. Our bill reconciles hard the distinguished Chair of the Com- objection to the request of the gentle- realities with our most fundamental mittee on Rules, for yielding me the woman from New York? principles. It both protects our soldiers customary 30 minutes. There was no objection. and seeks to give them the best chance Mr. Speaker, I rise in strongest oppo- Ms. SLAUGHTER. Mr. Speaker, H. to help to produce a secure Iraq. It sition to both this rule and the under- Res. 332 provides for consideration of could not be more sincere, and it will lying conference report. the conference report for H.R. 1591, soon be on the President’s desk. If he Mr. Speaker, this conference report making emergency supplemental ap- rejects it, that will be his political implements a policy of failure. It is propriations for the fiscal year ending statement and not ours. nothing more than a cheap attempt to September 30, 2007, and for other pur- Finally, I must add briefly that this score political points at a time when poses. The rule waives all points of legislation also contains $18 billion to the American people have understand- order against the conference report and be spent on critically needed health ably become very weary of war. Rather against its consideration. It also pro- care for the veterans injured in Iraq than offering the American people a

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.118 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4122 CONGRESSIONAL RECORD — HOUSE April 25, 2007 policy that allows us to complete our men over men, the great difficulty lies marine called Ed Blecksmith, whose mission in Iraq and bring our troops in this: You must first enable the gov- son J.P. was killed in the battle of home, which we all want to do, this bill ernment to control the governed, and Fallujah 2 years ago this past Novem- simply offers them a charade. in the next place oblige it to control ber. He said that if we were to with- The President, Mr. Speaker, has itself.’’ draw, his son will have died in vain. made it very clear that he will veto Mr. Speaker, Madison recognized the Mr. Speaker, we do not honor those this policy of failure, which does not inherent challenges in designing a gov- in the field who are fighting as we have enough support to override his ernment that is both effective and lim- speak by tying their hands and depriv- veto. We will be right back here in a ited. He knew that without checks and ing them of the means to succeed. We matter of days voting on another sup- balances, tyranny would ensue. will honor them by winning the war in plemental. And while this political Mr. Speaker, this conference report, Iraq so that our men and women come charade plays out, Mr. Speaker, our like the bill before it, attempts to di- home having completed their mission. troops will be left waiting for the fund- minish these checks and balances. It We know that their mission will not ing that they need to do their jobs, and tries to turn Congress into 535 Com- be complete in the immediate future. our country trapped in a political manders in Chief. That was pointed out today by General quagmire created by the Democratic This legislation of micromanagement Petraeus and others. As President Bush leadership in this Congress. is based, Mr. Speaker, on a disastrous and General Petraeus have both ac- Mr. Speaker, this very dangerous strategy. Its authors fund the war, and knowledged, success will take months, game of ‘‘chicken’’ could have been then mandate its failure. They seek to not days or weeks. But to abandon our avoided entirely. The Democratic lead- tie the hands of our military com- mission would be disastrous. ership may be bereft of ideas, but I manders, and then force them to re- Mr. Speaker, I urge my colleagues to know for a fact that this entire body is treat when they are unable to meet im- reject the policy of defeat and the po- not. Had we considered the original bill possible timetables. We heard in a tential return of terrorism to our under an open process, which, as we all briefing today from General Petraeus, homeland. I urge my colleagues to re- know, is the tradition for wartime from Secretary England, from Sec- ject this political charade that leaves supplementals in this House, we could retary Negroponte and others that the our troops in limbo, and let us instead have had a real debate. We could have notion of timetables in fact clearly will have a real debate with real ideas for a considered the worthy ideas of Mem- undermine the potential for success. real solution in Iraq. bers in this body. Mr. Speaker, that leadership also Mr. Speaker, I include the following Instead, Mr. Speaker, all but a very knew it fell hopelessly short of the nec- article from the Sunday Times for the few were shut out of this process en- essary support within their own party RECORD. tirely. Republicans and Democrats, lib- for passage. But rather than opening [From the Sunday Times, April 22, 2007] erals and conservatives alike, were de- up the process so that real ideas and AL-QAEDA ‘PLANNING BIG BRITISH ATTACK’ nied the opportunity to participate in solutions could be considered, they just (By Dipesh Gadher) this process. We didn’t get any of their loaded it up with billions of dollars in Al-Qaeda leaders in Iraq are planning the ideas, their expertise, their suggestions unrelated spending. This conference re- first ‘‘large-scale’’ terrorist attacks on Brit- in bringing this measure to the floor. port trades victory for potential elec- ain and other western targets with the help And what did that very small group in toral gains. of supporters in Iran, according to a leaked the Democratic leadership come up Mr. Speaker, what would the con- intelligence report. with? A constitutionally dubious at- sequences of defeat be? The National Spy chiefs warn that one operative had tempt at micromanaging the Iraq war Intelligence Estimate, the 9/11 Com- said he was planning an attack on ‘‘a par into inevitable defeat; a cynical polit- mission, our people on the ground and with Hiroshima and Nagasaki’’ in an at- tempt to ‘‘shake the Roman throne’’, a ref- ical ploy that will leave dire con- those who briefed us today, have all erence to the West. sequences for the region and our own made it very clear that a precipitous Another plot could be timed to coincide security in its wake. withdrawal would have disastrous con- with Tony Blair stepping down as prime min- Mr. Speaker, the Constitution lays sequences. Violence will spill out ister, an event described by Al-Qaeda plan- out a very clear system of checks and across the country and spread to the ners as a ‘‘change in the head of the com- balances derived from the ideas of the entire region. pany’’. very brilliant and inspired Framers of We heard about Iran and Syria today The report, produced earlier this month our Constitution. James Madison I am and the challenges that exist there. In and seen by The Sunday Times, appears to provide evidence that Al-Qaeda is active in thinking of, as I look to my friend from our absence, Iran and Syria will be ut- Iran and has ambitions far beyond the im- Virginia, Mr. MORAN, obviously a na- terly unfettered in their ability to in- provised attacks it has been waging against tive of Virginia. And I will tell you cite a regional war that threatens glob- British and American soldiers in Iraq. that that Madisonian spirit of giving al security, with enormous casualties There is no evidence of a formal relation- the three branches of government dis- suffered by the people in the region. ship between Al-Qaeda, a Sunni group, and tinct roles, allows us to guard our- Mr. Speaker, as I have said, and I the Shi’ite regime of President Mah-moud selves against tyranny from any one know this very well, and I join Ameri- Ahmadinejad, but experts suggest that Iran’s cans who have been very discouraged leaders may be turning a blind eye to the branch. terrorist organisation’s activities. The President must seek the support by this war; it has been ugly, it has The intelligence report also makes it clear of Congress in order to wage war; it is been difficult, it has been very painful. that senior Al-Qaeda figures in the region Congress that has the power to author- We all, Mr. Speaker, feel the toll it has have been in recent contact with operatives ize; and, as we all know very well, it taken and are keenly aware of the in Britain. must be this institution that funds a price that we are paying, especially in It follows revelations last year that up to war. But, Mr. Speaker, once funding a human sense. 150 Britons had travelled to Iraq to fight as and authorization are granted, the I know as I look to my colleagues on part of Al-Qaeda’s ‘‘foreign legion’’. A num- the other side of the aisle that every ber are thought to have returned to the UK, President of the United States serves after receiving terrorist training, to form as the Commander in Chief, with the single one of us has had the challenge sleeper cells. authority to execute the war. and the difficulty of looking into the The report was compiled by the Joint Ter- This conference report ignores the in- eyes of constituents whose family and rorism Analysis Centre (JTAC)—based at tentions of our Founding Fathers and friends have made the ultimate sac- MI5’s London headquarters—and provides a attempts to turn the Constitution on rifice in this war. Their pain is very quarterly review of the international terror its head. real, and we all know that their loss is threat to Britain. It draws a distinction be- I mentioned, looking to my friend profound. tween Osama Bin Laden and Al-Qaeda’s core leadership, who are thought to be hiding on Mr. MORAN, the father, the author of But, Mr. Speaker, we do not honor the Afghan-Pakistan border, and affiliated the Constitution, James Madison. Well, those who have sacrificed by aban- organisations elsewhere. Mr. Speaker, in Federalist No. 51, doning their mission. I have regularly The document states: ‘‘While networks Madison wrote ‘‘that in framing a gov- quoted my very good friend, a man who linked to AQ [Al-Qaeda] Core pose the great- ernment that is to be administered by has become a friend of mine, a former est threat to the UK, the intelligence during

VerDate Aug 31 2005 06:41 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.120 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4123 this quarter has highlighted the potential American people, who have demanded a that our country has immense re- threat from other areas, particularly AQI change in our Iraq policy. sources of courage and determination [Al-Qaeda in Iraq].’’ Mr. Speaker, this President is pre- on which to draw. Huber Parsons was The report continues: ‘‘Recent reporting siding over a policy and a war in Iraq with the 101st Airborne for two long de- has described AQI’s Kurdish network in Iran that is making the United States more planning what we believe may be a large- ployments in Iraq, and is currently on scale attack against a western target. vulnerable, not more secure. He refuses his third in Iraq with the Army ‘‘A member of this network is reportedly to listen. He refuses to acknowledge Stryker Brigade. His twin, Bill, has involved in an operation which he believes the facts. He refuses to compromise. served two tours in Afghanistan and requires AQ Core authorisation. He claims Now he has threatened to veto this two tours in Iraq. Their little brother, the operation will be on ‘a par with Hiro- conference report. And if he does so, Charlie Parsons, is on his first deploy- shima and Naga-saki’ and will ‘shake the then this President will make perfectly ment to Iraq. All three are serving in Roman throne’. We assess that this oper- clear to the American people that the Baghdad right now, all three proud ation is most likely to be a large-scale, mass only way this war is going to end, the graduates of West Point. casualty attack against the West.’’ only way our troops will ever come The report says there is ‘‘no indication’’ Given the sacrifices and bravery of this attack would specifically target Britain, home to their families and loved ones, the Parsons brothers and all of the men ‘‘although we are aware that AQI . . . net- the only way the Iraqis will ever be and women serving our Nation in Iraq, works are active in the UK’’. held accountable for governing their we must not put them at risk by man- Analysts believe the reference to Hiro- own country and ending their sectarian dating artificial deadlines for with- shima and Nagasaki, where more than 200,000 violence, will be if Congress finds a way drawal and surrender. people died in nuclear attacks on Japan at to end it. The consequences for our troops is a the end of the second world war, is unlikely Every day it becomes more and more personal one for me. My stepson Doug to be a literal boast. clear that the President has decided to ‘‘It could be just a reference to a huge ex- and my daughter-in-law Lindsay both kick the ball down the field to make served in Iraq as marine fighter pilots, plosion,’’ sald a counter-terrorist source. this war somebody else’s problem. Two ‘‘They [Al-Qaeda] have got to do something and Lindsay is currently deployed in years ago, President Bush announced soon that is radical, otherwise they start los- Afghanistan. ing credibility.’’ his exit strategy for Iraq. He said, Despite aspiring to a nuclear capability, ‘‘That’s a problem for the next Presi- b 1830 Al-Qaeda is not thought to have acquired dent.’’ Last time I spoke on the floor, I said weapons grade material. However, several Mr. Speaker, that is unacceptable Lindsay was about to be deployed. plots involving ‘‘dirty bombs’’—conventional and it is false. It is a problem for all of Well, she is there now, we are proud of explosive devices surrounded by radioactive us. None of us in this Chamber wake up material—have been foiled. her service. We are proud of all of the each morning in harm’s way. None of men and women serving our Nation Last year Al-Qaeda’s leader in Iraq called us stare death in the eye or see our on nuclear scientists to apply their knowl- wearing our Nation’s uniform. edge of biological and radiological weapons comrades fall to bullets and bombs. Imposing an artificial, arbitrary to ‘‘the field of jihad’’. Not even the Green Zone provides a deadline for withdrawal of our forces Details of a separate plot to attack Brit- sense of security any longer. before Iraq is stable and secure will ain, ‘‘ideally’’ before Blair steps down this Instead of demanding reconciliation, give the insurgents and the Islamic ter- summer, were contained in a letter written we are building walls to keep Shiites rorists a road map, a how-to guide on by Abdul al-Hadi al-Iraqi, an Iraqi Kurd and away from Sunnis. Every day, thou- how to defeat the U.S., our Iraqi part- senior Al-Qaeda commander. sands of Iraqis are fleeing the horror ners and other coalition forces in Iraq. According to the JTAC document, Hadi that has become their country. The Let’s help the Parsons brothers. Let’s ‘‘stressed the need to take care to ensure best and the brightest are leaving. The help all of our troops. Vote against the that the attack was successful and on a large average shopkeeper, the next-door scale’’. The plan was to be relayed to an rule and against the conference report. neighbor, all are packing their bags Iran-based Al-Qaeda facilitator. Ms. SLAUGHTER. Mr. Speaker, I and trying to find a way out of town, The Home Office declined to comment. yield 3 minutes to the gentleman from out of the country, away from the vio- Mr. Speaker, I reserve the balance of Missouri and the Chair of the Armed lence, the death and destruction. my time. Mr. Speaker, the reality is that Services Committee, Mr. SKELTON. Ms. SLAUGHTER. Mr. Speaker, I am whenever we finally leave Iraq, it will Mr. SKELTON. I thank the chairman pleased to yield 31⁄2 minutes to the gen- not be pretty. This failed policy has of the Rules Committee. Mr. Speaker, I tleman from Massachusetts (Mr. left Iraq with few options. But until we am blessed to be a Member of the MCGOVERN). begin to leave, no one has to make the House of Representatives. Mr. MCGOVERN. Mr. Speaker, I hard choices about how Iraqis are Under the Constitution of our coun- thank the distinguished Chair of the going to live together or die together. try, this is a co-equal branch of govern- Rules Committee for yielding me the Mr. Speaker, this terrible chapter in ment. We are charged here in Congress time. our history must come to an end, and I to raise and maintain the military of Mr. Speaker, I want this war to come urge all my colleagues to join with me the United States. The President is to an end now. I had reservations when in saying to the President of the charged with being the Commander in I voted in support of the supplemental United States, enough is enough. Chief. Our job is clear. We must pre- a few weeks ago, and I have misgivings Mr. DREIER. Mr. Speaker, at this pare and maintain our military to the about the conference report that is be- time I am very pleased to yield 2 min- highest standard possible. fore us today. I believe very deeply utes to the distinguished ranking mem- 1950, the North Koreans invaded that this war represents one of the big- ber of the Committee on Foreign Af- South Korea. We had a small force gest blunders in our history and that fairs, our good friend from Miami (Ms. there. General MacArthur, supreme we must change course and bring it to ROS-LEHTINEN). commander in that part of the world, an end. Ms. ROS-LEHTINEN. Mr. Speaker, I sent a unit that was untrained, under- But, Mr. Speaker, to defeat this con- thank the gentleman from California equipped and undersized, called Task ference report tonight would provide for the time. Force Smith to stem the tide of the President Bush with a victory that he At this difficult moment and in pre- North Korean armies. They fought val- does not deserve and that he has not vious difficult moments in our Nation’s iantly and found themselves in the earned, and it would affirm a disas- history, there have always been those southeast corner of South Korea in trous policy in Iraq. A vote against ready to declare that all was lost. Now what is now known as the Pusan perim- this conference report is a vote to sup- we hear the voices of those proclaiming eter, and they were in serious trouble. port the status quo, which is essen- that the war against Islamic extrem- General MacArthur’s brilliant Inchon tially a vote to support a failed policy. ists in Iraq is lost. They say they sup- landing on the western coast of Korea Since the President decided to esca- port the troops, but the soldier cannot changed the nature of the Korean War late the war in Iraq, the violence has be separated from his mission. at that moment. gotten worse. This administration has When I consider the Parsons brothers But the lesson of all of this is the demonstrated a contempt for the from my congressional district, I know lack of readiness of the United States

VerDate Aug 31 2005 06:41 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.065 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4124 CONGRESSIONAL RECORD — HOUSE April 25, 2007 Army as it was in 1950. Our job is to see ward of a massive, large scale terrorist the Transportation Enhancement Pro- that that does not ever happen again. attack on Britain and other Western gram. This rule, this bill, this resolution is targets with the help of supporters in CMAQ funds are only 4 or 5 percent of the right one for our time. It will help Iran. According to a leaked intel- highway apportionment every year, the readiness of the United States mili- ligence report that came forward, they but they have accounted for 20 percent tary, in particular our Army. I am very talk about this attack being on a par of the funds rescinded in recent years, concerned about the stretching and the with Hiroshima and Nagasaki in an at- and particularly in the State of Texas. straining of the Army in Iraq, so much tempt to shake the Roman Empire. In fiscal year 2006 States rescinded so we just have to fund them, and this And I have entered this article in the $888 million in CMAQ funds. One out of is a major step in that direction. RECORD that was in the Sunday Times, every $4 rescinded by States in 2006 Now, some object for some Iraqi lan- and I think it is very important that came from CMAQ programs. In 2006 guage, which frankly leaves a lot to this be related to the remarks the gen- also the States rescinded 602 million of the discretion of the White House. But tleman has made. And I thank him for enhancements funds in which Texas what we are overlooking is the fact yielding. And I would yield whatever cut $223 million of enhancement fund- that this bill, this resolution does lead the balance of my time is on this side ing and completely suspended its pro- to supporting the troops and keeping to him. gram. the readiness at a higher level. A large Mr. BURTON of Indiana. Let me just The House, I think, will have an op- percentage of the equipment of the ac- say that appeasement and weakness led portunity to reconsider the rescission tive duty of the National Guard and of to World War II, and 62 million people issue in a future supplemental. And we, the Reserve is not here in America, is died. We are now in the nuclear age, with all the environment problems overseas in Iraq or Afghanistan. Readi- and we have an enemy that will tie a that we have and the climate change ness capability of the future is what nuclear weapon or plastic explosives problems, this is one area that we this is all about. around themselves and blow them- should not allow to be cut. Mr. DREIER. Mr. Speaker, at this Mr. DREIER. Mr. Speaker, at this selves up. If they come to America time I am very happy to yield 2 min- time I am very happy to yield 3 min- with a nuclear device, a suitcase nu- utes to a hardworking member of the utes to the distinguished gentleman clear device, they could destroy this Appropriations Committee, the gen- from Indianapolis who has been a hard- place and kill all of us three blocks tleman from Morristown, New Jersey, working fighter on the Foreign Affairs away from here by detonating that Mr. FRELINGHUYSEN. Committee, Mr. BURTON. kind of a device. Mr. FRELINGHUYSEN. Mr. Speaker, Mr. BURTON of Indiana. Mr. Speak- Remember, they are our mortal I rise in strong opposition to this rule er, on 9/11, 2001, two planes flew into enemy. Osama bin Laden said it. They and to this conference report. the World Trade Center and killed over are in Iraq. We have got to stand firm. Fundamentally, this bill is about 3,000 Americans, the worst attack on ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE providing funding for our troops, mak- America in the history of this country, The SPEAKER pro tempore (Mr. ing sure that men and women who are worse than Pearl Harbor. The people TIERNEY). All Members are reminded to on the front lines as we speak, have the who are behind it were al Qaeda, and address their comments to the Chair resources they need to stay safe and do Osama bin Laden said numerous times and not to other Members in the sec- their military and humanitarian mis- he wanted to destroy America. They ond person. sions in Iraq. are the mortal enemy of the United Ms. SLAUGHTER. Mr. Speaker, I It is clear that our troops have the States of America. yield 2 minutes to the gentleman from support of this House and the Amer- General Petraeus today, when he Minnesota, the Chair of the Transpor- ican people. Surely, no one wants to talked to the Members of Congress, tation Committee, Mr. OBERSTAR. see our soldiers defeated in Iraq. We all said numerous times that they were Mr. OBERSTAR. Mr. Speaker, I sup- want their mission in Iraq to be as fighting al Qaeda, al Qaeda, al Qaeda in port the conference report, but not the short as possible. We want the war to Iraq, the mortal enemy of the United rescission of highway contract author- end. We want our young soldiers, all States of America. ity which this bill uses to offset non- volunteers, to return home. Now my colleagues on the other side highway spending elsewhere in the con- But this conference report before us of the aisle want to pull us out of ference report. today prejudges the effectiveness of our there. And if they do succeed, then I The report provides an additional young warfighters as they seek to se- believe that that will become a gath- $683 million for the Federal Highway cure Baghdad under a new plan, under ering point for all of the al Qaeda Administration’s Emergency Relief new military leadership. operatives and other fellow travelers in Program. No offset is needed for that This proposal starts withdrawal of the world, and they will try to attack emergency relief. our forces from Iraq on October 1, irre- the United States in numerous ways, Nonetheless, the conference report spective of the judgment of our mili- probably on our home soil again. They rescinds $683 million in unobligated tary commanders on the ground. attacked the USS Cole, our embassies balances of highway funds that have My colleagues, the reinforcement of in Africa, they attacked housing in been apportioned to the States. Now, the Army in Baghdad and the Marines Saudi Arabia. the rescission does protect highway in Anbar, designed and executed by I just want to say to my colleagues, safety programs, but it leaves trans- General David Petraeus, is underway. remember what you are doing. If you portation environmental programs vul- It won’t be complete for weeks. force us out of Iraq now, you are help- nerable. And yet, there are some signs of ing al Qaeda. You are helping al Qaeda The rescission of highway contract progress. The plan must be given time set up a base of operation, and they authority is the exclusive jurisdiction to work. Make no mistake about it. will be able to attack the United of the Committee on Transportation There will be wide and dangerous con- States of America again. and Infrastructure, and this provision sequences if we abandon the Iraqi peo- Mr. DREIER. Mr. Speaker, will the violates clause 2 of rule XXI of the ple and their government, now just 1 gentleman yield? Rules of the House. year old, before it is capable of gov- Mr. BURTON of Indiana. I will be These types of rescissions adversely erning and protecting its own people. happy to yield to my colleague. affect the Federal aid highway pro- First, for our own soldiers there are Mr. DREIER. I will yield to my gram, specifically the ability to ensure consequences. And secondly, we could friend some additional time. that the Nation’s transportation sys- have an explosion of sectarian vio- I just entered into the RECORD, and I tem has modal choices. lence, killing and bloodshed on a larg- didn’t mention this in my opening re- More than a dozen States have ap- er, more barbaric scale than we have marks, an article that was in the Sun- plied these rescissions disproportion- now. day Times of London last, this past ately to cut contract authority for Mr. Speaker, we are a Nation at war Sunday, ‘‘Is al Qaeda Planning a Big critical transportation and environ- and the stakes are extremely high for British Attack?,’’ and this is a report mental programs, Congestion Mitiga- America. Our troops need this money on intelligence that has just come for- tion and Air Quality Improvement and now. They deserved it yesterday.

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.122 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4125 Mr. Speaker, I urge my colleagues to jority’s insistence on putting this war, Let me thank our soldiers for their join together to honor the service of our generals, and our war fighters on leadership, for their service, and their our young men and women and to work auto pilot with a forced retreat and an patriotism. But as I stand here today with the President, our Commander in inflexible timetable. and look at my Members, the Speaker Chief, to have some measure of success The consequences of this decision, of the House who went into the Mid- in Iraq. I urge a ‘‘no’’ vote on the rule should it become law, will echo long east, Mr. Giuliani, there is no white and the conference report. beyond this date, this year, this dec- flag on this side of the aisle, and I re- Ms. SLAUGHTER. Mr. Speaker, I ade. Defeat should not be an option, ject your insult and insensitivity. yield 2 minutes to the gentleman from and yet it seems that this majority be- This legislation will not give the ad- Virginia (Mr. MORAN). lieves it is the only option. ministration a blank check. It will give Mr. MORAN of Virginia. Mr. Speak- We are at a critical juncture in his- a new direction to Iraq. It will begin to er, last week the 2,100th American tory when the defenders of liberty and redeploy soldiers if the President can- child had to be informed that they will freedom have to stand firm against ty- not certify the readiness in July and never see their daddy or mommy again rants and terrorists. then in October of 2007. It provides because their parent was killed in Iraq. And I will remind the gentleman funding for veterans hospitals, for the Mr. Speaker, our military families from Virginia that just spoke, indeed, injured with spinal injuries, with brain deserve a policy worthy of their sac- the famous quote says, ‘‘There are injury. And, yes, there are those on rifice. They deserve better. This war is times in our history when the tree of this side of the aisle who understand going to turn out to be one of the worst liberty must be nourished by the blood the shedding of blood of our soldiers. military, political, economic and moral of patriots.’’ That is why this legislation will Sure, without question, this war has blunders in American history. allow us to go and fight the terrorists, been hard fought every step of the way, I heard my colleague refer to 9/11. We to find Osama bin Laden, and to do the and it will continue to be. But few now know that we were brought into job that we have not done since the things worthwhile in life are ever easy. tragedy and the terrorism of 9/11. this war through deliberate deception Regrettably, this majority was This is a sad day in this body. I want and the politics of fear. Saddam Hus- bought and paid for by MoveOn.org and us to support the rule and the under- sein had nothing to do with 9/11, liberal extremists, and now they have lying bill because there is no white wouldn’t allow al Qaeda into his coun- come to collect, unfortunately, at the flag. We have the solution, and that so- try. In fact, he wasn’t trying to get nu- expense of our military and our secu- lution is a policy that responds to the clear weapons. He had no weapons of rity, today, tomorrow, and for decades needs of the American people and our mass destruction. All those mobile labs to come. didn’t manufacture chemical weapons. When the Speaker of the House soldiers on the battlefield. No more Nor is this war being paid for with pushes to rewrite our foreign policy nine soldiers of the 82nd Airborne. We Iraqi oil. and yet refuses to meet with General thank them for their service. We de- And yet, you want us, 4 years later, Petraeus, our commander on the clare a military success. And we bring to believe the very same people that ground in Iraq, it becomes abundantly our soldiers home. And maybe it will be good if some of brought us into this fiasco. When do clear this majority would rather push those who did not serve would under- you start to lose your credibility? left-wing politics over sound policy. After we have had 58,000 soldiers killed This political theater would be funny stand what it means to serve. as in Vietnam? We are up to 3,300 now. if its consequences weren’t a matter of Mr. Speaker, as a proud member of the About 25,000 seriously wounded. And life and death, of victory and defeat. Progressive and the Out of Iraq Caucuses, I how can you stand before them and tell Every day that we delay a legitimate rise to speak in support of the Conference Re- them that this fiasco was worthy of war-funding bill, the resources of our port on H.R. 1591, the ‘‘U.S. Troop Readi- their sacrifice? military and our soldiers’ quality of ness, Veterans’ Health and Iraq Accountability The government that we are sup- life are diminished. In fact, this delay Act.’’ I support the Conference Report be- porting doesn’t go outside the Green has forced the Pentagon to move $800 cause this compromise offers us the first real Zone in Baghdad. They don’t serve million from the Air Force’s personnel chance to end the misguided invasion, war, their people. In fact, many of its min- accounts, money to pay our and occupation of Iraq. It puts us on the glide isters are corrupt. That is the reality servicemembers, to make up for the path to the day when our troops come home of our policy in Iraq. gaps in the war funding. in honor and triumph and where we can ‘‘care for him who has borne the battle, and for his b 1845 I implore my colleagues on both sides of the aisle, oppose this rule, oppose widow and orphan.’’ This legislation helps to And the fact too is that if the govern- this conference report. Let us end this repair the damage to America’s international ment we are supporting had the oppor- political game and truly give victory a reputation and prestige. It brings long overdue tunity, they would turn Iraq into a chance. oversight, accountability, and transparency to Shi’a theocracy. Is that really worth We can do better, Mr. Speaker. We defense and reconstruction contracting and our military families’ sacrifice? The have an obligation to do better for the procurement. Finally, it places the responsi- answer is no. sake of the men and women who put bility for bringing peace and security where it Support this rule and vote for this their lives on the line in Iraq and Af- clearly belongs and that is squarely on the supplemental. ghanistan to protect ours. shoulders of the Iraqi government. Mr. DREIER. Mr. Speaker, at this Ms. SLAUGHTER. Mr. Speaker, I Mr. Speaker, the House and Senate con- time I am happy to yield 3 minutes to yield 2 minutes to the gentlewoman ferees have approved legislation providing the former member of the Rules Com- from Texas (Ms. JACKSON-LEE). $124.2 billion primarily for the wars in Iraq and mittee, now working hard on the (Ms. JACKSON-LEE of Texas asked Afghanistan. As part of the legislation, con- Armed Services Committee, the gen- and was given permission to revise and ferees approved a sensible plan to redeploy tleman from Marietta, Georgia (Mr. extend her remarks.) U.S. forces in Iraq paired with progress made GINGREY). Ms. JACKSON-LEE of Texas. Mr. by the Iraqi government in meeting diplomatic Mr. GINGREY. Mr. Speaker, I rise Speaker, take a moment to travel and security benchmarks. These legislative today, firmly and resolutely opposed to through the Nation’s hospitals and provisions, which are subject to a Presidential both this rule and the underlying con- speak to those in this final injury waiver, will ensure adequate rest between ference report. ward, see the young women bending tours of duty of both active duty and Guard I regret to say that the Democratic over their soldier husbands who now and Reserve forces, while also requiring that leaders have once again demonstrated have lost the use of all of their limbs, their service in Iraq not be extended beyond a that it is either their way or the high- 25,000-plus injured and 3,000-plus dead. year for any tour of duty. way, except this time it is our fighting It is not the policies of this Demo- President Bush would be required to certify men and women who are left stranded cratic majority that is causing this ab- that the Iraqi government is meeting the diplo- in the middle of the road. solute disaster. It is the misdirected matic and security benchmarks. If he makes Mr. Speaker, I am truly saddened policies of those in the administration that certification, deployment shall begin no and, in truth, even angered by the ma- who are causing harm to our soldiers. later than October 1, 2007, with the goal of

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 7634 Sfmt 9920 E:\CR\FM\K25AP7.125 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4126 CONGRESSIONAL RECORD — HOUSE April 25, 2007 completing the redeployment within 180 days. 1591; all of them oppose the President’s plan security, political and reconstruction bench- After that period, a limited number of U.S. to escalate the war in Iraq. Take, for example, marks by the Iraqi government. forces could remain in Iraq for force protec- Maj. Gen. John Batiste, U.S. Army, Ret. If the President cannot certify that the Iraqi tion, training and equipping Iraqi troops, and ‘‘This important legislation sets a new direc- government has made substantial progress, targeted counterterrorism options. The legisla- tion for Iraq. It acknowledges that America redeployment of U.S. combat troops must tion makes it possible for the U.S. military to went to war without mobilizing the nation, that begin, with a goal of being completed within focus its resources on Osama bin Laden, our strategy in Iraq has been tragically flawed 180 days (by December 31, 2007). If the July whose organization attacked the nation on 9/ since the invasion in March 2003, that our certification is made, redeployment of U.S. 11, and destroying his base of operations in Army and Marine Corps are at the breaking combat troops must begin by October 1, 2007, Afghanistan. point with little to show for it, and that our mili- with a goal of being completed within 180 Additionally, the U.S. commander in Iraq tary alone will never establish representative days (by March 31, 2008). would provide regular progress reports to Con- government in Iraq. The administration got it The measure changes the mission of U.S. gress on both the progress of the Iraqi govern- terribly wrong and I applaud our Congress for troops in Iraq after redeployment from combat ment to take control of that country as well as stepping up to their constitutional responsibil- to training and equipping Iraqi troops, targeted the status of the redeployment efforts. ities.’’ counterterrorism operations, and force protec- Finally, the conferees are also to be com- Maj. Gen. Paul Eaton, USA, Ret. Supports tion. mended for providing needed funding to im- this legislation because it ‘‘gives General I have to say, Mr. Speaker, the Iraqi Gov- prove health care for returning soldiers and Petraeus great leverage for moving the Iraqi ernment is not off to a good start. The Green veterans, for continued Hurricane Katrina re- government down the more disciplined path Zone surrounding Baghdad remains insecure. covery for the Gulf Coast, to fill major gaps in laid out by the Iraq Study Group.’’ According Two weeks ago, a suicide bomber managed homeland security, and to provide emergency to Major Eaton, the real audience for the to penetrate the security perimeter of the Iraqi drought relief for farmers. timeline language is Prime Minister al-Maliki Parliament and detonated a bomb that killed Overall, the conference agreement provides and the elected government of Iraq: at least three members of the Iraqi parliament more than $100 billion for the Department of The argument that this bill aides the enemy and wounded scores of others. Additionally, Defense, primarily for continued military oper- is simply not mature—nobody on the earth the market represented by Senator MCCAIN as ations in Iraq and Afghanistan. The legislation underestimates the United States’ capacity for an example of the improved security situation includes a $1 billion increase for the National unpredictability. It may further create some in Iraq was turned into a killing field within Guard and Reserve equipment and $1.1 billion sense of urgency in the rest of our govern- days after Senator MCCAIN’S visit. And just for military housing. The legislation also pro- ment, beginning with the State Department. last week, we saw the bloodiest and deadliest vides $3 billion ($1.2 billion more than the Lt. Gen. William E. Odom, U.S. Army (Ret.), day in Baghdad since the so-called ‘‘surge’’ President’s request) for the purchase of Mine President Reagan’s Director of the National began when 198 Iraqi civilians were mas- Resistant Ambush Protected Vehicles Security Agency, supports the bill because it sacred by insurgents. (MRAP)—vehicles designed to withstand road- ‘‘gives the president a chance to pull back Mr. Speaker, radical Shiite Muslim cleric side bombs and more than $5 billion to ensure from a disastrous course, re-orient U.S. strat- Muqtada al-Sadr has reasserted his political that returning troops and veterans receive the egy to achieve regional stability, and win help power by yanking his loyalists from the Cabi- health care that they have earned with their from many other countries—the only way net, a move aimed at showing his supporters service. peace will eventually be achieved.’’ he retains his credentials as an opposition Mr. Speaker, I would be remiss if I did not Mr. Speaker, to date, the war in Iraq has leader and which increases the pressure on point out that the tragic loss of life last week lasted longer than America’s involvement in Prime Minister Nouri al-Maliki to loosen his at Virginia Tech still weighs heavily on our World War II, the greatest conflict in all of embrace of the U.S. occupation, which many hearts and minds. Neither the mind nor the human history. But there is a difference. The Iraqis blame for violence in the country. heart can contemplate a cause that could lead Second World War ended in complete and These developments, Madam Speaker, illus- a human being to resort to such senseless vi- trate the wisdom of requiring benchmarks the olence to injure and destroy fellow human total victory for the United States and its allies. Iraqi Government must meet to justify contin- beings. The thoughts and prayers of people of But then again, in that conflict America was ued American blood and treasure in Iraq. goodwill everywhere go out to the victims and led by FDR, a great Commander-in-Chief, who Moreover, because those benchmarks are es- their families. In the face of such over- had a plan to win the war and secure the tablished pursuant to President Bush’s poli- whelming grief, I hope they can take comfort peace, listened to his generals, and sent cies, it is passing strange indeed that he in the certain knowledge that unearned suf- troops in sufficient numbers and sufficiently fering is redemptive. trained and equipped to do the job. would threaten to veto the bill since it nec- The war in Iraq has also caused a lot of un- As a result of the colossal miscalculation in essarily means he would be vetoing his own earned suffering in Iraq and here at home. deciding to invade Iraq, the loss of public trust benchmarks for the performance of the Iraqi This is the same war, Mr. Speaker, whose resulting from the misrepresentation of the government. He would be vetoing his own proponents misrepresented to the nation reasons for launching that invasion, and the readiness standards for U.S. troops. The would last no more than six months and likely breath taking incompetence in mismanaging President demands this Congress send him less than six weeks. This same war in Iraq, the occupation of Iraq, the Armed Forces and an Iraq war bill with ‘‘no strings.’’ But the only we were led to believe by the Administration, the people of the United States have suffered ‘‘strings’’ attached, Madam Speaker, are the would cost less than $50 billion and would be incalculable damage. benchmarks and standards imposed by the paid out of the ample revenues from Iraq’s oil The war in Iraq has claimed the lives of President himself. fields. The war in Iraq, the American people 3,316 brave servicemen and women (64 in the Mr. Speaker, in addition to the enormous fi- were promised, should have ended years ago first 16 days of this month). More than 24,912 nancial cost, the human cost to the men and with Americans troops greeted as liberators by Americans have been wounded, many suf- women of the United States Armed Forces jubilant Iraqis throwing rose petals at their fering the most horrific injuries. American tax- has also been high but they have willingly paid feet. payers have paid nearly $400 billion to sustain it. Operation Iraqi Freedom has exacerbated The President has threatened to veto the this misadventure. the Veterans Administration health care facility legislation now before us if it passes. Accord- The depth, breadth, and scope of the Presi- maintenance backlog; placed an undue strain ing to the President and the Vice-President, dent’s misguided, mismanaged, and misrepre- on the delivery of medical treatment and reha- H.R. 1591 ‘‘would undermine our troops and sented war in Iraq is utterly without precedent bilitative services for current and new vet- threaten the safety of the American people in American history. It is a tragedy in a league erans; and exacted a heavy toll on the equip- here at home.’’ Coming from an Administration all its own. But it was not unforeseeable or un- ment, training and readiness requirements, that has been wrong on every important ques- avoidable. and the families of the men and women of the tion relating to the decision to launch the Iraq Mr. Speaker, H.R. 1591, the U.S. Troop United States Armed Forces. War as well the conduct of it, this claim is Readiness, Veterans’ Health and Iraq Ac- The emergency supplemental acknowledges laughable. Little wonder that nearly 70 percent countability Act the House passed last month the sacrifices made by, and the debt of grati- of Americans disapprove of the way the Presi- provides real benchmarks and consequences tude, we and the Iraqi people owe to Armed dent is handling the war. But more important, if the Iraqi Government fails to live up to its Forces of the United States. But more than the President’s claim is simply not true. commitments. First, it requires the President to that, it makes a substantial down payment on Mr. Speaker, many of the nation’s most certify and report to Congress on July 1, 2007 that debt by providing substantial increases in highly respected generals have endorsed H.R. that substantial progress has been made on funding for our troops.

VerDate Aug 31 2005 06:14 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00074 Fmt 7634 Sfmt 9920 E:\CR\FM\A25AP7.066 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4127 The supplemental includes a total appropria- the deployment of units in Iraq in excess of it is absolutely necessary to regain the con- tion of $2.8 billion for Defense Health Care, 365 days for the Army and 210 days for the fidence of the American people who demand which is $1.7 billion above the President’s re- Marines. The provision may be waived by the a new direction in Iraq. quest. The additional funding supports new ini- President only by submitting a report to Con- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tiatives to enhance medical services for active gress detailing the particular reason or rea- The SPEAKER pro tempore. All duty forces and mobilized personnel, and their sons why the unit’s extended deployment is in Members of the House are once again family members. Included in this new funding the interests of national security. reminded that they should direct their is $450 million for Post Traumatic Stress Dis- Mr. Speaker, to reduce the incidence of comments to the Chair. order/Counseling; $450 million for Traumatic combat fatigue and enhance readiness, it is Mr. DREIER. Mr. Speaker, at this Brain Injury care and research; $730 million to important that our troops have sufficient ‘‘time time I am very happy to yield 3 min- prevent health care fee increases for our out of the combat zone and training between utes to one of our hardest-working troops; $20 million to address the problems at deployments. That is why we require the De- fighters, the gentleman from Dallas, Walter Reed; and $14.8 million for burn care. fense Department to abide by its current policy Texas (Mr. HENSARLING). Unlike the Republican leadership of the and avoid sending units back into Iraq before Mr. HENSARLING. Mr. Speaker, I 109th Congress and the Bush Administration, troops get the required time away from the thank the gentleman for yielding. the new Democratic majority is committed to war theater. The President may waive this Mr. Speaker, I rise in great opposi- America’s veterans. What’s more, we back up provision by submitting a report to Congress tion to this rule and to this conference that commitment by investing in their well- detailing why the unit’s early redeployment to report. being. For example, the supplemental includes Iraq is in the interests of national security. We are here, yet again, discussing a $1.7 billion above the President’s request for Mr. Speaker, the American people spoke Democrat plan for a statutory date cer- initiatives to address the health care needs of loudly and clearly last November when they tain for America’s defeat in Iraq. We Iraq and Afghanistan veterans and the backlog tossed out the Rubber-Stamp Republican are here, yet again, discussing the in maintaining VA health care facilities, includ- Congress. They voted for a New Direction in Democrats’ ‘‘slow bleed’’ strategy for ing $550 million to address the backlog in Iraq and for change in America. They voted to our brave men and women in uniform maintaining VA health care facilities so as to disentangle American troops from the car- in Iraq, designed to gradually deny prevent the VA from experiencing a situation nage, chaos, and civil war in Iraq. They voted them the critical equipment, support, similar to that found at Walter Reed Medical for accountability and oversight, which we and reinforcements they need to do the Center. Democrats have begun to deliver on; already job. We are here, yet again, discussing We provide an additional $250 million for the new majority has held more than 100 con- just how much pork and unrelated medical administration to ensure there are suf- gressional hearings related to the Iraq War, in- spending can be shoved into this con- ficient personnel to support the growing num- vestigating everything from the rampant waste, ference report to encourage or persuade ber of Iraq and Afghanistan veterans and to fraud, and abuse of Iraq reconstruction fund- reluctant Members to support this leg- maintain a high level of services for all vet- ing to troop readiness to the Iraq Study Group islation. erans; $229 million for treating the growing Report to the shameful mistreatment of And, Mr. Speaker, according to to- number of Iraq and Afghanistan veterans; wounded soldiers recuperating at Walter Reed day’s L.A. Times and other major $100 million for contract mental health care, media outlets, we are likely to have which will allow the VA to contract with private Medical Center. Mr. Speaker, I urge the President should this vote again and again and again be- mental health care providers to ensure that sign this measure, in order to get these need- cause the majority party’s leadership Iraq and Afghanistan veterans are seen in the ed resources to our troops and to our veterans somehow believes it is in their political most timely and least disruptive fashion, in- and to hold the Iraqis accountable. By signing interests to do so. cluding members of the Guard and Reserve; this legislation the President can help deliver Now, Mr. Speaker, we all know about and $62 million to speed up the processing of the message to the Iraqi people that they must the recent announcement of the Demo- claims of veterans returning from Iraq and cratic leader in the Senate. He has an- Aghanistan. take responsibility for their own future. By Madam Speaker, when American troops are signing this measure the President can show nounced to our troops, he has an- sent into harm’s way, America has an obliga- some leadership in the transitioning of the nounced to al Qaeda, he has announced tion to do all it can to minimize the risk of mission of U.S. troops from combat to training to the world that the war in Iraq is harm to the troops. That is why it was so im- Iraqi troops and counterterrorism. Last, this lost. portant that we included additional funding legislation will help restore and strengthen our Mr. Speaker, Corporal Tyler Rock of above the President’s request to support our military, with a new Strategic Reserve Readi- the 1st Battalion, 6th Marines seems to troops. We provide $2.5 billion more to ad- ness Fund among other measures. disagree. I would quote him directly, dress the current readiness crisis of our state- Last November the American people sig- but I believe the House rules would not side troops, including ensuring that they are naled clearly their loss of confidence in the permit it; so allow me to paraphrase better equipped and trained. We include $1.4 President’s leadership and their desire for a that he has a quote for the Senate ma- billion more for military housing allowances new direction in Iraq. In less than 120 days, jority leader. Let me go on to say that and $311 million more for Mine Resistant Am- the new Democratic majority has begun to de- he has said, ‘‘We could leave this place bush Protected (MRAP) vehicles for troops in liver. And we will not rest, Madam Speaker, and say we are sorry to the terrorists, Iraq. And there is included in the supplemental until we are clearly on a glide path to the day and then we could wait for 3,000 more $222 million more for infrared counter- when our troops come home. American civilians to die before we measures for Air Force aircraft to address the And even then our work will not be done. say, ‘Hey, that’s not nice again.’’’ growing threat against U.S. air operations in We must still be about the business of repair- Mr. Speaker, I suspect that Corporal Iraq and Afghanistan ing the damage to America’s international rep- Rock speaks for most of our troops. Equally important, Mr. Speaker, the supple- utation and prestige. But this Democratic ma- Let’s not cut their support. There will mental contains language directing the Presi- jority, led by the Progressive Caucus and the be no greater event to empower radical dent to adhere to current military guidelines for Out of Iraq Caucus, has ushered in a new era Islam than our defeat and retreat from unit readiness, deployments, and time be- of oversight, accountability, and transparency Iraq. tween deployments. to defense and reconstruction contracting and The terrorists that we fight there be- The supplemental requires the Defense De- procurement. lieve they have the moral authority to partment to abide by its current Unit Readi- I urge all members to join me in supporting kill 2 million, 2 million of our children, ness policy, requiring the chief of the military the Conference Report to H.R. 1591. This is two of them being my own. department concerned to determine that a unit the best way to ensure accountability to our They are the ones that say the bat- is ‘‘fully mission capable’’ before it is deployed soldiers who have been sent into battle with- tlefield is in Iraq. Why can’t we under- to Iraq. The President may waive this provi- out proper training or equipment or a clear stand that in the Halls of Congress? sion by submitting a report to Congress detail- mission. It is the best way to keep faith with There is no doubt that fighting this ing why the unit’s deployment is in the inter- our veterans who are not getting the best war is costly. There is no more difficult ests of national security despite the assess- medical care when they come home. Passing duty I have, or any of us have, than to ment that the unit is not fully mission capable. this supplemental appropriations bill is essen- meet with the mothers of those who The Defense Department is also required to tial to restoring our military that is being have lost loved ones on the field of bat- abide by its current policy and avoid extending stretched to the limits by the Bush policy. Last, tle. But as difficult as that duty is, I

VerDate Aug 31 2005 06:14 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.069 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4128 CONGRESSIONAL RECORD — HOUSE April 25, 2007 never, never, never want to meet with tleman from Maryland (Mr. VAN The people who are now doing our bid- the mothers who lose children in the HOLLEN). ding in Iraq proudly are standing up for next 9/11 because we turned our back Mr. VAN HOLLEN. Mr. Speaker, I democracy, and we want some democ- on our duty. thank my friend from New York for racy here. We know that there is a dif- The cost of fighting this war is great. yielding. ficult road to hoe in Iraq, but we know The cost of losing it is greater. Mr. Speaker, the President says send there should be an infinite wisdom in Ms. SLAUGHTER. Mr. Speaker, I am him the money. Let’s be clear. This bill one source in America, and that is the pleased to yield 2 minutes to the gen- provides every penny the President American people. tleman from Illinois (Mr. EMANUEL). asked for to fund the troops in Iraq. It There is no sovereignty, there is no Mr. EMANUEL. Mr. Speaker, accord- also provides for something the Presi- king, there is no person who always ing to our military leaders, the status dent did not ask for: funds to help im- does a heck of a job. When push comes quo is not working in Iraq. Major Gen- prove the treatment of our wounded to shove, we have got to listen to the eral Batiste said, ‘‘The administration soldiers at Walter Reed and other American people, and the American got it terribly wrong and I applaud places around this country. people have spoken to us loudly. They Congress for stepping up.’’ Lieutenant It also provides something that the have said it is time for the Iraqi leader- General Odom said our bill ‘‘gives the American people have now insisted on ship to quit fiddling around and form a President a chance to pull back from a but the White House doesn’t ask for, government. And they know, as we do, disastrous course, reorient U.S. strat- and that is accountability with respect as the retired generals who have come egy to achieve regional stability, and to the war in Iraq. That is why the out full force and said that the Amer- win help from many other countries, President doesn’t like the bill before ican people are right, we cannot expect the only way peace will eventually be us. We know the White House has be- our service personnel to solve the polit- achieved.’’ come an accountability-free zone. The ical problem in Iraq. And now, 13 Our military has done everything the White House got used to a Congress, months have gone by since supposedly President and the Congress and Amer- the old Republican Congress, that gave they formed this constitution and they ican people have asked it. The Presi- the President a blank check, money were going to solve this problem of dent asked our men and women in uni- without accountability. And this pro- what to do with their oil, and they still form to invade a country, and they did. vides funding with accountability. haven’t got an agreement. They are The President asked them to go to war That is why they don’t like it. still fiddling around while our sons and against a nation’s army, and they did. Let us be very clear. If the President daughters die. The President asked them to seize a vetoes this bill, he will be saying ‘‘no’’ Now, the troops and the generals un- capital, and they did. The President to ensuring that our troops have the derstand that there is a message being asked the men and women in uniform training and equipment that they need. sent by this resolution, and the mes- to depose a dictator, and they did. The If he vetoes this bill, he will saying sage is to Maliki and the rest of the President asked the men and women in ‘‘no’’ to ensuring that we hold the Iraqi Iraqi leadership: You have got to stop uniform to capture that dictator, and Government accountable to the bench- fiddling around and form a govern- they did. marks which the Bush administration ment, and you have got to reach an Given all these military achieve- and the Iraqi Government have said are agreement about oil. And until you do, ments by our Armed Forces, why do we absolutely necessary to achieve polit- there is going to be civil strife, civil have today the worst national security ical stability in Iraq. If he vetoes this war and Americans driving in the mid- crisis in over a generation? There is bill, he will be saying ‘‘no’’ to those ad- dle of that. This is a message to them: not now, nor has there ever been, a po- ditional funds for our wounded soldiers Solve this problem. litical plan that matches the military at Walter Reed and for our veterans Ms. SLAUGHTER. I will yield 2 min- leadership that we have seen from our health care system. utes to the gentleman from Texas (Mr. Armed Forces. But this administration He will also be saying ‘‘no’’ to the ad- EDWARDS). has offered no real plan for success, and ditional funds that we put in this bill Mr. EDWARDS. Mr. Speaker, we our troops have been asked to back the to the fight against al Qaeda in Af- have a moral obligation to support our Iraqi Government that has yet to stand ghanistan. Here we are so many years troops while they are in combat and up for itself. The entire plan over the after the attacks of September 11, 2001. when they come home; that is why in last 4 years offered by the President Al Qaeda remains a vibrant organiza- this bill we fully fund our troops in and the Republican Congress has been tion and Osama bin Laden remains at Iraq and Afghanistan. So a ‘‘no’’ vote more troops, more time, more money, large; we provide funds to go after against this bill is a vote against $3.1 and more of the same, even though we Osama bin Laden, additional funds; the billion to build better barracks, hous- know that the challenges we face today President will be saying ‘‘no’’ to that. ing and training facilities here at home require more than the status quo. The And the President, if he vetoes this for troops returning from war. President’s policy has come down to bill, will be saying ‘‘no’’ to the over- the status quo plus. whelming sentiment of the American We believe that supporting our vet- Secretary of Defense Gates had it people who understand the failed policy erans is a real cost of war, just as real right: ‘‘Any solution in Iraq is not and say we need to change direction. as guns, tanks and bullets. A ‘‘no’’ vote purely military but also political.’’ Let’s change direction. Let’s say on this bill is a vote against $1.8 billion Our plan holds the Iraqi people ac- ‘‘yes’’ to this conference committee re- and funding high priority health care countable for their own nation. It re- port. programs for our veterans, with a spe- quires the Iraqi people to meet the cial focus on taking care of those who benchmarks for success, the same b 1900 need it the most, those suffering from benchmarks that the President out- Ms. SLAUGHTER. I yield 2 minutes traumatic brain injury, PTSD, or a loss lined on January 10 before he turned to the gentleman from Washington of arms and legs. Our veterans’ sac- against his own benchmarks. We will (Mr. INSLEE). rifices don’t end after they come home, give our troops and commanders the (Mr. INSLEE asked and was given and neither should our commitment to resources and freedom to do their job. permission to revise and extend his re- them. But we will do the one thing that a Re- marks.) A ‘‘no’’ vote on this bill is a vote publican Congress has refused to do Mr. INSLEE. Mr. Speaker, we here against a $100 million for contracting over the years: demand accountability highly resolve that starting today we out health care services so that mem- from the Iraqis. will no longer allow President Bush to bers of the Guard and Reserves in rural I urge my colleagues to support the make an infinite number of mistakes areas can receive the timely health rule and to support this legislation. with an infinite number of our sons and care that they need and deserve. For Mr. DREIER. Mr. Speaker, I reserve daughters. some, that timely care can mean the the balance of my time. We know one thing, the President be- difference between good health and de- Ms. SLAUGHTER. Mr. Speaker, I am lieves he has done a heck of a job in pression, for others the difference be- pleased to yield 2 minutes to the gen- Iraq; the American people disagree. tween life and death.

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.131 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4129 To prevent a Walter Reed Annex 18 mine, one of our Nation’s great former me, we need to figure out a way that tragedy from occurring in VA hos- leaders, a woman who was a lifelong we can be victorious. And the word pitals, we fund $550 million to address Democrat, and in 1984 she became a Re- ‘‘victory’’ is one that unfortunately we serious maintenance and repair needs publican when she addressed the Re- really haven’t heard from the other at our VA facilities. A ‘‘no’’ vote on publican National Convention. Her side of the aisle. In fact, one of the this bill is a vote against that funding name was Jeane Kirkpatrick; she questions asked today at the briefing for veterans. The needs addressed in served as Ronald Reagan’s ambassador with General Petraeus is, how do we this bill are real, the dollar amounts to the United Nations. define what victory is? Well, it is really are fiscally sound, and our troops and I will never forget the speech that twofold. It still is. It is, Mr. Speaker, our veterans deserve no less. she delivered at our party convention an Iraq that can defend itself. And Gen- A vote for this bill is a vote for bet- in 1984. She quoted the contemporary eral Petraeus said to us today that ter health care and housing for Amer- French writer, Jean-Francois Revel, there are members of the Iraqi Secu- ica’s heroes. By voting for this bill, we who said, ‘‘Clearly, a civilization that rity Forces who are fighting and dying can honor and respect our troops, our feels guilty for everything that it is for their country, those are the exact veterans and their families, not just and does will lack the energy and con- words that he used, and an Iraq that with our words, but with our deeds. viction to defend itself.’’ can govern itself, Mr. Speaker. I urge a ‘‘yes’’ vote on this rule and Mr. Speaker, I was struck with that We understand the fragility of this a ‘‘yes’’ vote for our troops on this con- because that was at a time when there government, with the Shia, Sunni and ference report. were many people who were maligning Kurdish populations and the challenges Ms. SLAUGHTER. Mr. Speaker, I the United States of America; they that Prime Minister Maliki faces, but yield 2 minutes to the gentleman from said that we had gone to hell in a hand- we do believe that we can be successful New Jersey (Mr. ANDREWS). bag. They were attacking all of the because we have to be successful. (Mr. ANDREWS asked and was given policies of Ronald Reagan, tax cuts Now we have gone through this proc- permission to revise and extend his re- which were ruining the country. And I ess and we have heard people say on marks.) have to say that on a regular basis, Mr. both sides of the aisle that we want to Mr. ANDREWS. Mr. Speaker, I rise in Speaker, I continue to hear the same make sure that we get funding to our support of this legislation because kind of criticism, and yet we have what troops. Mr. Speaker, the best way for where continuity is merited, we have is obviously the greatest Nation the us to get funding to our troops is to de- continuity, and where change is de- world has ever known. feat this rule and defeat the conference manded, we have change. Today, the Dow Jones Industrial Av- report. Why? Everyone has acknowl- The continuity comes from the fact erage crashed through 13,000. We saw edged that the President of the United of a bipartisan consensus to provide last month 185,000 new jobs created, an States will veto a bill that guarantees every dollar that our troops in the field unemployment rate of 4.4 percent. It is failure, which is what this bill would need, and this bill does that. That will amazing that during this very difficult do by establishing these arbitrary not change. What must change, time in which we are trying to success- deadlines for withdrawal. So we have though, is the abrogation of constitu- fully prosecute the war on terror, we all acknowledged that the President is tional responsibility by the erstwhile are enjoying such success because of going to veto the bill. majority. the greatness of the United States of Mr. Speaker, why don’t we make sure For over 31⁄2 years, the erstwhile ma- America and because of our people. that our troops have the support that jority, Mr. Speaker, vacillated between I am very proud of the record that we everyone has said that they need by apology and inaction. Yes, the Presi- have put forward, and I am saddened not going through the challenge of the dent is the Commander in Chief, but no regularly when I hear people malign us. Presidential veto, the time-consuming President should be the sole source of And now we have this debate, we have process of the Presidential veto, having law and judgment. And for nearly 4 this debate, which led, as was said by this bill go to the other body to be con- years, the erstwhile majority sat si- my friend from Marietta and by the sidered tomorrow. Let’s defeat it right lently by as the quagmire deepened. gentleman from Dallas, the statement now, defeat the rule. And if we don’t That is changing under this legislation. by the majority leader of the United defeat the rule, at least defeat the con- What also must change is the policy States Senate that this war has been ference report itself so that we can im- itself. We have been asked what our lost. I will tell you, Mr. Speaker, I be- mediately get down to work. When we plan was. Here it is. We say to the lieve that the American people are con- do that, Mr. Speaker, I hope very much Iraqis, you promised to pass an oil law. vinced that we can be successful. that we won’t have a small cadre of in- Pass it. You promised to have local I know that there are many who dividuals within the Democratic lead- elections. Have those elections. You today are critical of the fact that we ership preventing Democrats and Re- promised to stand up your own security have gone to war. People are very publicans from participating in this and police forces. Put them into the upset about the fact that we have gone very important process to make sure fight. If you succeed, we will then stay into Iraq. I happen to still at this mo- that we have everything that is nec- for an 18-month period of time to fa- ment believe that we did the right essary so that the American people, cilitate your success, but if you fail, thing, but I know there are many peo- who want victory, can in fact see vic- the days of the blank check and the ple who have said that it was the wrong tory achieved. endless commitment are over. thing. And I’ve had constituents who Mr. Speaker, with that, I yield back The erstwhile majority, Mr. Speaker, have come up to me. In fact, just over the balance of my time. has a hard time recognizing this plan this most recent district work period, I Ms. SLAUGHTER. Mr. Speaker, I am because they have no plan. Their only was at numerous meetings in Cali- absolutely hard pressed to see how approach is to ratify the failure of the fornia and a number of people came to some people define ‘‘success.’’ status quo. The troops in the field and me and they said, you know, I didn’t I read in the New York Times front the American people deserve much, support our going into Iraq, I think it page that 80 percent of the marines much better, and that is what this leg- was a mistake, but the fact of the mat- who died of upper body wounds would islation provides. ter is we are where we are. We have our have lived if only they had the proper I urge a ‘‘yes’’ vote. men and women in uniform who are in equipment. I know that soldiers who Mr. DREIER. Mr. Speaker, may I in- Iraq. serve in the National Guard and Re- quire how much time is remaining on We have seen elections take place in serve are losing their homes and their both sides. Iraq. We know the threat that con- jobs, but never mind about that be- The SPEAKER pro tempore. The gen- tinues to exist from Iran, Syria, cause the stock market is great. Aren’t tleman from California has 8 minutes Hezbollah, Hamas, al Qaeda, you can go we doing well? It hasn’t hurt us a bit. remaining; the gentlewoman from New right down the line. And people have We haven’t called for any sacrifice at York has 11⁄2 minutes remaining. said we want to figure out a way for all from the American people in this. Mr. DREIER. Mr. Speaker, just a few victory. I’ve had people who said we My heart is broken. I am ashamed weeks ago we lost a very dear friend of shouldn’t have gone into Iraq say to and chagrined that this business about

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.132 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4130 CONGRESSIONAL RECORD — HOUSE April 25, 2007 the booming economy could be brought and worked with him to set benchmarks for tablishment of a judicial system and a vali- into this debate about life and death. the civil implementation of the Dayton Ac- dated police force—all of the fundamental My worry is about the young people cords. I did not assign a date certain to define parts that help make a society function had who go over there and don’t get the success for each benchmark, this would have stalled and there was no definitive plan to proper care that they need. been folly. At the time the leaders of the remedy the situation. I couldn’t believe the testimony of peace were once leaders during the war and In response, on June 24, 1997, I offered an Tillman’s brother yesterday and Jes- they focused more on these differences than amendment to the National Defense Author- sica Lynch who said the military lied that which brought them together as a nation. ization Act of 1998 that passed the House by about them. What are we doing in this President Clinton did a very good job focusing a vote of 278 to 148. Representatives HOYER, country? The country that fought the the Bosnian leaders to accomplish the bench- MURTHA, and PELOSI voted ‘‘no’’, SKELTON Second World War to save this world, marks and move to resolve their differences voted ‘‘yes.’’ That amendment would have cut we’ve been reduced to this, that we de- and build their new nation. funding to U.S. military operations in Bosnia cide as long as the stock market is Last week on the House Floor my col- after June 30, 1998—a date set by the Presi- good, the world is good, and let them league, STENY HOYER attempted to re-write dent. I did not set the date Mr. HOYER, this go over there and die because we are the history of my involvement, claiming that I was President Clinton’s date. This amendment going to give them some kind of gov- supported a date certain for withdrawal of our was later incorporated into the conference re- ernment we don’t even know they troops from Bosnia and therefore I should do port that included provisions that would allow want? For heaven sakes, to every man the same with our forces in Iraq. The two con- U.S. forces to remain if the President made and woman in country there comes a texts are dissimilar. Let me set the record certain certifications and accomplished certain moment to decide, Mr. Speaker. This is straight. benchmarks. While I used the date certain one of those moments. On October 30, 1995, the House agreed to given to us by the President, I made it clear House Resolution 247, a bill that I sponsored b 1915 that I supported benchmarks that set the con- with my Democrat colleague, Paul McHale of ditions for a withdrawal of U.S. forces after the We either vote for this rule and this Pennsylvania, by a vote of 315 to 103. Rep- mission had been successfully completed. bill, and we tell the President of the resentatives HOYER, MURTHA, and PELOSI President Clinton had set an arbitrary date United States if he vetoes this, he is voted ‘‘no,’’ Mr. SKELTON voted ‘‘yes.’’ The bill without articulating a comprehensive plan—he absolutely continuing on a road to ab- stated that there should not be a presumption did not identify the conditions to be met into solute failure and that we are not that the United States Armed Forces would be order to trigger a troop withdrawal from Bos- going to be a party to it. We want to deployed to enforce a peace agreement that nia. He simply set a date, and then revised take care of the soldiers. And if he ve- resulted from the negotiations regarding the that date. We in Congress took that date, and toes the money, it is on his head, not conflict in the Republic of Bosnia and required certain benchmarks to be met, while ours. But we will continue until we can Herzegovina. at the same time allowing the President the In early December 1995, the Dayton Ac- get those soldiers and marines out of flexibility to allow troops to remain if he cords concluded, laying a basis for the path to that morass. thought it was in the interests of U.S. national Mr. BUYER. Mr. Speaker, I stand before peace in Bosnia. On December 13, 1995, I sponsored House security. you in opposition to this resolution. Once In Bosnia, we worked in a bipartisan man- Resolution 302 with IKE SKELTON, a bipartisan again, it champions a dismally irresponsible ner with the President to set the conditions for bill that passed the House by a vote of 287 to and dangerous course of action. Setting a success in Bosnia and gave the President 141. Representatives HOYER, MURTHA, and date certain for withdrawal of our troops from maximum flexibility. Today, this President gets PELOSI voted ‘‘no.’’ That bill reiterated the seri- Iraq would envelope Iraq in a cloud of chaos no such deference or flexibility from the Dem- and self destruction and expose us to a ous concerns and opposition to the Presi- dent’s policy that would result in the deploy- ocrat majority. Mr. HOYER and Mr. MURTHA heightened threat of terrorism at home. It ig- want to enforce a date certain for this Presi- nores the President’s plan for success in total- ment of 20,000 members of the U.S. Armed Forces on the ground in the territory of the dent. They do not want to work with this Presi- ity. It makes no consideration for the effort to dent to set the conditions for success. They make progress on diplomatic and economic Republic of Bosnia and Herzegovina. Despite the expressed will of the House, simply want to trigger a date for withdrawal, fronts—essential components for that success President Clinton chose to proceed with the before the mission is done. to occur. They offer no solutions in this bill, deployment of those members of the Armed It is ironic that Mr. HOYER and Mr. MURTHA only criticism. Forces to enforce the Dayton peace agree- voted against that amendment—they did not Mr. HOYER’s failed attempt on April 19th to ment in Bosnia. H.R. 302 declared the policy want to set a date certain for withdrawal and correlate my involvement regarding the U.S. of the House was that the President should tie the hands of their President. They wanted efforts in Bosnia in the 1990s to that of the sit- rely on the judgment of the commanders of to give him the latitude that he needed to in- uation in Iraq today stretches into the realm of U.S. forces on the ground on all matters af- sure that the mission in Bosnia met with suc- absurdity. However, what was clear from that fecting safety, support, and well being of U.S. cess; to re-establish civility, an effective gov- debate was that Mr. HOYER at the time, as forces. Congress also declared to furnish the ernment, a validated police force and civil in- well as Mr. MURTHA, agreed that we should resources to support the needs of President frastructure. Today, their position is the oppo- not tie the hands of our President in military and the Secretary of Defense. site. President Bush is not setting a date cer- operations, even in operations that the Con- Also on December 13, 1995, the President tain as President Clinton had done. gress did not approve. expressed to Congress that the military mis- Speaker PELOSI, Majority Leader HOYER and Mr. Speaker, let me refresh everyone’s sion in Bosnia would be accomplished in 1 Mr. MURTHA all are seeking to tie the hands of memories of that debate which took place in year, and our troops would be pulled out no this President. They want to cut off funds to this Chamber, a debate in which I was the later than December 1996. No one believed our forces who are only doing what this Con- lead sponsor of three significant resolutions or that the goal could be accomplished within 1 gress has asked them to do. amendments that set the course of this Con- year. A date certain does not define success, Congress should not tie the hands of the gress—all three which passed by significant the mission does. President with a date certain for withdrawal margins with support from both sides of the However, despite that assertion, in Novem- from Iraq. Unlike President Clinton with Bos- aisle. ber 1996, without the consent of Congress, nia, President Bush had the approval of Con- But before I begin let me remind the Nation President Clinton announced that the timeline gress to go into Iraq. He has given us a plan, that there are significant differences and some was slipping and that our troops would not be conditions that must be met before we start to similarities between the debate of Bosnia and withdrawn until June 1998. bring our troops home. Yet, Mr. HOYER and today in Iraq. First, Congress did not authorize By that point, the United States Armed his party want to set an arbitrary date, a date the President to use force in Bosnia. Congress Forces had acted quickly to achieve their mili- certain for withdrawal that does not cor- did authorize the President to use military tary objectives in Bosnia. In short order, the respond to those conditions whatsoever—cut force in Iraq. Second, we did not begin the courage, dedication, and professionalism of off funding for our troops who seek only to conflict in Bosnia, but we did in Iraq. Third, the those personnel resulted in a significant miti- succeed in their mission. This is defeatist Republican majority in Congress did in fact try gation of the violence and suffering in that re- strategy. to work with President Clinton to find a solu- gion. We need to help establish a stable Iraq be- tion. Former Senator Bob Dole and I with oth- However, the implementation of the civil in- fore we withdrawal our forces—the provisions ers traveled with President Clinton to Bosnia frastructure—the humanitarian support, the es- in this bill do not allow us that flexibility and

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00078 Fmt 7634 Sfmt 9920 E:\CR\FM\K25AP7.134 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4131 the price that we will pay is chaos in Iraq and Perlmutter Scott (GA) Tierney b 1937 further exposure to terror here at home. Peterson (MN) Scott (VA) Towns Pomeroy Serrano Udall (CO) Mr. JORDAN of Ohio changed his The majority leader of the Senate, HARRY Price (NC) Sestak Udall (NM) vote from ‘‘aye’’ to ‘‘no.’’ REID talks about polling data from Senator Rahall Shea-Porter Van Hollen So the resolution was agreed to. ´ SCHUMER that indicate ‘‘political’’ gains by their Rangel Sherman Velazquez The result of the vote was announced party on Iraq. It is unfortunate that the Demo- Reyes Shuler Visclosky Rodriguez Sires Walz (MN) as above recorded. crat majority think of Iraq in terms of political Ross Skelton Wasserman A motion to reconsider was laid on points, not national security. If we do not re- Rothman Slaughter Schultz the table. solve this issue with immediacy, the readiness Roybal-Allard Smith (WA) Waters of our troops will be compromised. They are Ruppersberger Snyder Watt f struggling to determine how they will redis- Rush Solis Weiner U.S. TROOP READINESS, VET- Ryan (OH) Space Welch (VT) tribute funds to pay for their operations while Salazar Spratt Wexler ERANS’ HEALTH, AND IRAQ AC- we are here politicking. We must stop the de- Sa´ nchez, Linda Stark Wilson (OH) COUNTABILITY ACT, 2007 featist strategy of the majority now—the one T. Stupak Woolsey Mr. OBEY. Mr. Speaker, pursuant to by which they hope to gain political capital Sanchez, Loretta Sutton Wu Sarbanes Tanner Wynn House Resolution 332, I call up the con- from to the detriment of our troops in the field. Schakowsky Tauscher Yarmuth ference report on the bill (H.R. 1591) Mr. Speaker, I yield back the balance Schiff Thompson (CA) making emergency supplemental ap- of my time and move the previous Schwartz Thompson (MS) propriations for the fiscal year ending question on the resolution. NOES—195 September 30, 2007, and for other pur- The previous question was ordered. poses, and ask for its immediate con- The SPEAKER pro tempore. The Aderholt Gallegly Myrick sideration. question is on the resolution. Akin Garrett (NJ) Neugebauer Alexander Gerlach Nunes The Clerk read the title of the bill. The question was taken; and the Bachmann Gillmor Paul The SPEAKER pro tempore. Pursu- Speaker pro tempore announced that Bachus Gingrey Pearce ant to House Resolution 332, the con- the ayes appeared to have it. Baker Gohmert Pence ference report is considered as read. RECORDED VOTE Barrett (SC) Goodlatte Peterson (PA) Bartlett (MD) Granger Petri (For conference report and state- Mr. DREIER. Mr. Speaker, I demand Barton (TX) Graves Pickering ment, see proceedings of the House of a recorded vote. Biggert Hall (TX) Pitts April 24, 2007, at page H3823.) A recorded vote was ordered. Bilbray Hastert Platts The SPEAKER pro tempore. The gen- Bilirakis Hastings (WA) Poe The vote was taken by electronic de- tleman from Wisconsin (Mr. OBEY) and Bishop (UT) Hayes Porter vice, and there were—ayes 226, noes 195, Blackburn Heller Price (GA) the gentleman from California (Mr. not voting 11, as follows: Boehner Hensarling Pryce (OH) LEWIS) each will control 30 minutes. [Roll No. 264] Bonner Herger Putnam The Chair recognizes the gentleman AYES—226 Bono Hobson Ramstad from Wisconsin. Boozman Hoekstra Regula Abercrombie Delahunt Kennedy Boustany Hulshof Rehberg GENERAL LEAVE Ackerman DeLauro Kildee Brady (TX) Hunter Reichert Mr. OBEY. Mr. Speaker, I ask unani- Allen Dicks Kilpatrick Brown (SC) Inglis (SC) Renzi Altmire Dingell Kind mous consent that all Members may Brown-Waite, Issa Rogers (AL) have 5 legislative days in which to re- Andrews Doggett Klein (FL) Ginny Jindal Rogers (KY) Arcuri Donnelly Langevin Buchanan Johnson (IL) Rogers (MI) vise and extend their remarks and in- Baca Doyle Lantos Burgess Johnson, Sam Rohrabacher clude tabular and extraneous material Baird Edwards Larsen (WA) Burton (IN) Jordan Ros-Lehtinen Baldwin Ellison Larson (CT) on the conference report to accompany Buyer Barrow Ellsworth Lee Keller Roskam H.R. 1591. Bean Emanuel Levin Calvert King (IA) Royce The SPEAKER pro tempore. Is there Becerra Engel Lewis (GA) Camp (MI) King (NY) Ryan (WI) Berkley Eshoo Lipinski Campbell (CA) Kingston Sali objection to the request of the gen- Berman Etheridge Loebsack Cannon Kirk Saxton tleman from Wisconsin? Berry Farr Lofgren, Zoe Cantor Kline (MN) Schmidt There was no objection. Bishop (GA) Fattah Lowey Capito Knollenberg Sensenbrenner Mr. OBEY. Mr. Speaker, I yield my- Bishop (NY) Filner Lynch Carter Kucinich Sessions Blumenauer Frank (MA) Mahoney (FL) Castle Kuhl (NY) Shadegg self 9 minutes. Boren Giffords Maloney (NY) Chabot LaHood Shays Mr. Speaker, this bill gives the Presi- Boswell Gillibrand Markey Coble Lamborn Shimkus dent the exit strategy from the Iraqi Boucher Gonzalez Matheson Cole (OK) Latham Shuster Boyd (FL) Gordon Matsui civil war that up until now he has not Conaway LaTourette Simpson had. Boyda (KS) Green, Al McCarthy (NY) Crenshaw Lewis (CA) Smith (NE) Brady (PA) Green, Gene McCollum (MN) Culberson Lewis (KY) Smith (NJ) Next Tuesday will be the fourth anni- Braley (IA) Grijalva McDermott Davis (KY) Linder Smith (TX) versary of the President’s ‘‘Mission Ac- Brown, Corrine Gutierrez McGovern Davis, David LoBiondo Souder Butterfield Hall (NY) McIntyre complished’’ landing on that famous Davis, Tom Stearns Capps Hare McNerney Lucas aircraft carrier. On that date, U.S. Deal (GA) Sullivan Capuano Harman McNulty Lungren, Daniel troops had won the war in Iraq, but Cardoza Hastings (FL) Meehan Dent E. Tancredo Carnahan Herseth Sandlin Meek (FL) Diaz-Balart, L. Mack Taylor since that time the administration’s Carney Higgins Meeks (NY) Diaz-Balart, M. Manzullo Terry mismanagement, their misjudgments, Carson Hill Melancon Doolittle Marchant Thornberry and their missed opportunities have en- Castor Hinchey Michaud Drake Marshall Tiahrt tangled us in a quagmire that has be- Chandler Hinojosa Miller (NC) Dreier McCarthy (CA) Tiberi Clarke Hirono Miller, George Duncan McCaul (TX) Turner come a prolonged civil war. That civil Clay Hodes Mitchell Ehlers McCotter Upton war has gutted our influence in the Cleaver Holden Mollohan Emerson McCrery Walberg Middle East and much of the world. In Clyburn Holt Moore (KS) English (PA) McHenry Walden (OR) the last 4 years, the administration has Cohen Honda Moore (WI) Everett McHugh Walsh (NY) Conyers Hooley Moran (VA) Fallin McKeon Wamp spent over half a trillion dollars. It has Cooper Hoyer Murphy (CT) Feeney McMorris Weldon (FL) stretched the Army to the limit, Costa Inslee Murphy, Patrick Ferguson Rodgers Weller brought our Guard and Reserve to the Costello Israel Murtha Flake Mica Whitfield breaking point, and reduced our mili- Courtney Jackson (IL) Nadler Forbes Miller (FL) Wicker Cramer Jackson-Lee Napolitano Fortenberry Miller (MI) Wilson (NM) tary to the lowest state of military Crowley (TX) Neal (MA) Fossella Miller, Gary Wilson (SC) readiness in modern history. Cuellar Jefferson Oberstar Foxx Moran (KS) Wolf The President has refused to finance Cummings Johnson (GA) Obey Franks (AZ) Murphy, Tim Young (AK) Davis (AL) Johnson, E. B. Olver this war through the normal appropria- Frelinghuysen Musgrave Young (FL) Davis (CA) Jones (NC) Ortiz tions process. He has chosen to mask Davis (IL) Jones (OH) Pallone the true cost of the war by paying for Davis, Lincoln Kagen Pascrell NOT VOTING—11 DeFazio Kanjorski Pastor Blunt Goode Watson it on the installment plan through a DeGette Kaptur Payne Cubin Lampson Waxman series of supplemental requests. He has Davis, Jo Ann Radanovich Westmoreland Gilchrest Reynolds

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.074 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4132 CONGRESSIONAL RECORD — HOUSE April 25, 2007 now requested another supplemental of around to renewing. Unfortunately, he has departed from them. That is im- almost another $100 billion in military they allowed that program to expire, as minently reasonable. He owes the spending, and almost $4 billion in other they allowed so many other things to country that explanation. additional spending. The bill before us expire last year. We require that Iraq meet certain today is our response. We have also provided $3.5 billion for performance benchmarks, benchmarks We provide $4 billion more than the agriculture disaster, again an issue that were first laid out by the Presi- President asked for for troops in the which has been hanging around for dent himself, and we tie those bench- field. The President is objecting on two more than a year. The President has marks to a timeline. If those bench- grounds. First, he does not like the declared more than 70 percent of the marks are met, redeployment of U.S. conditions we have placed on funding counties in this country to be agri- troops must begin by July 1. If they are for the war. Second, he objects to the culture disaster areas. There ought to not met, they must begin by October. money we have added for other crucial be some action that flows from that Those dates are firm. The goal for com- activities. He calls it ‘‘pork.’’ So do unless we are taking the President’s pleting such redeployment is 6 months some of the charter members of the initial action to be meaningless. after it starts. We have also provided $396 million in ‘‘Invent Your Own Facts Club’’ that Now, the President objects to the seems to populate this institution. SCHIP to make certain that low in- come children and low income families fact that we are setting timelines, but We have provided $4 billion more the Secretary of Defense himself was than he has asked for for operation and don’t fall off the State health care rolls. We have been asked to do that by quoted in the Washington Post as not- maintenance for personnel costs and ing that these timelines, in fact, have for procurement. bipartisan Governors from 14 States. If the President wants to object to helped give the Iraqis a message that We have provided $750 million more we are not going to stay in Iraq for- than he asked for for Afghanistan. those items and call them pork, or of members of the flat earth club in this ever. We stand by them. We believe We have provided $2.2 billion more these benchmarks and these timelines for military health to meet the med- body want to call it pork, that’s fine with me; I think the public will look at are necessary in order to give General ical needs of our returning soldiers. We Petraeus the ability to make clear to have added $1.8 billion for veterans those issues somewhat differently. The President is attacking these ad- the Iraqis that we are not going to stay health care above the amount the there forever, while they refuse to President asked for. ditional items as a smoke screen to ob- scure the fact that the key issue on make the political compromises nec- We have provided $2.2 billion more essary to end the civil war. for aviation security, port security, this bill is whether or not there will be Iraqis and the President must under- and border security. a change in direction with respect to stand our troops won the war. They We have provided $80 million more our policy in Iraq. cannot achieve the political and diplo- for nuclear nonproliferation, and we b 1945 matic compromises that are needed to have added $150 million for the FBI. This bill supports the troops. It be- end the civil war, only the Iraqis can We have provided $650 million more gins to hold Iraq and the administra- do that. than the President asked for for the tion accountable, and it points the way Four years after ‘‘mission accom- pandemic flu emergency, cleaning up to ending our involvement in a pro- plished’’ is long enough, Mr. Speaker. an action that last year’s Congress tracted civil war. never got around to completing. As a condition of providing the Presi- If the President were here I would sim- We have provided $3.3 billion more dent with the funds he has asked for, ply say to him, ‘‘Mr. President, with for Katrina, again cleaning up some we require that our American military this bill we have compromised on two more business that last year’s Congress units meet certain standards that are fronts. We have responded to your ob- failed to complete. known as the Murtha standards. They jection to the Murtha principles by giv- We have also provided $3.1 billion simply require that any unit sent into ing you the ability to waive them; all more for BRAC which the administra- battle be fully combat ready. They you have to do is explain why to the tion itself asked for in its budget last would require, as the Defense Depart- country.’’ We have responded to his year. ment already has for the most part, concerns about those timelines by ad- We provided $500 million for wild they would require that any unit that justing them and making them some- land fires, the same amount put into has been in Iraq does not have to stay what more flexible in terms of their the same account by the Republican there for more than a year without re- completion. majority 2 years ago for the same pur- lief, and they also require that if they So I would say to the President if he poses. are sent back, they get to spend at were here, ‘‘Mr. President, it is your We have added $400 million to low in- least a year at home before they go turn; we need a new direction and we come heating assistance because the back. And in an era where no one is need it now. Please do not say, as you previous Congress cut that by $1 bil- being asked to sacrifice except mili- said last week’’ I will talk but I will lion. We should have added back the tary families, it seems to me those are not compromise. ‘‘Mr. President, after whole billion dollars, but in the inter- all minimum goals that we all ought to 4 years, you need to change the direc- est of saving money we confined it to be willing to adhere to. tion. You need to sign this bill.’’ $400 million. Because the President rejected these Mr. Speaker, I include for the We have added $425 million to con- requirements, we have given him the RECORD the following tabular material tinue the rural school payments in the right to waive these requirements, but reflecting the funding levels in the con- West that the last Congress never got only if he spells out to the country why ference report.

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VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.090 H25APPT1 mstockstill on PROD1PC66 with HOUSE Insert offset folio 481A/13 here EH25AP07.013 H4146 CONGRESSIONAL RECORD — HOUSE April 25, 2007 Mr. Speaker, I reserve the balance of their obligation to stand up and to pro- Nation from the threat posed by inter- my time. tect our country, not for just today but national terrorism, I repeat. Mr. LEWIS of California. Mr. Speak- for tomorrow and for the next genera- As Major General Petraeus said, er, I am proud to yield 1 minute to the tion. right now we are not prepared. We are gentleman from Ohio (Mr. BOEHNER), After looking away for 20 years dur- not prepared for the threat this Nation the Republican leader of the House. ing the 1980s and 1990s, what was Amer- faces here at home. And, because in Mr. BOEHNER. Mr. Speaker, what ica to do after 3,000 of our citizens died this business you cannot be half ready are we doing? What in the world are we on 9/11? Just all hope it goes away, or half prepared, you are either ready doing? The President asked for funding hope they do not care anymore? or you are not. for our troops in Afghanistan and Iraq I say to my colleagues that we have We have put our citizens at greater to meet our commitments to bring a solemn obligation to the American risk. We have put their lives at greater freedom to those people and to protect people to finish the job that we started. risk, their property, our economy, our the American people, and here we are And while Iraq may not have started way of life, and that is just unaccept- with a bill that has some $25 billion out as the central front in our war with able. worth of spending over and above what al Qaeda, it may not have started out Instead of strengthening our hand, the President asked for. And if that is with a fight against the Iranians, all of the President’s policies in Iraq have not bad enough, we handcuff our gen- us in this Chamber today know, all of weakened our reputation in the world erals and we handcuff our troops and us know that this is the central front and diminished our ability to lead the we go about this backhanded way of in our war with al Qaeda, and this is international effort against terrorism, trying to end the war in a backhanded the battleground with Iran. You all which again is the real threat. way because the votes are not there to know it. You know it as well as I do. With U.S. focus on Iraq, the war in do it in a straight-up fashion. And the question is, are we going to Afghanistan has intensified because of Mr. Speaker, we are sent here by the stand up and fulfill our obligation to the resurgence of the Taliban and al American people. We have grave re- the American people? Are we going to Qaeda in the absence of the fullest ef- sponsibilities to them and to our allies fulfill our obligation to the Iraqis who fort on our part there. As Major General John Baptiste said, around the world, and I understand are struggling to create a government Here is the bottom line. Americans that there are deeply held differences of the people, by the people and for the must come to grips with the fact that over what is going on in Iraq. But all of people? our military alone cannot establish a us understand what we heard today I think they are on clear notice that democracy. We cannot sustain the cur- they have got a job to do on their own, from General Petraeus. All of us under- rent operational tempo without seri- but if we step out today, we are ensur- stand what we have heard over the last ously damaging the Army and the Ma- ing that they will fail. We are ensuring few months coming out of Iraq. rine Corps. Our troops have been asked The real battle in Iraq today is not that we will leave chaos in our wake. to carry the burden of an ill-conceived with the Iraqis. The real battle in Iraq We will embolden our enemies, and it mission. End of quote, Major General today is with al Qaeda that has made is our kids and their kids who will pay John Baptiste. this the central front in their war with a very, very steep price. Our troops have done everything that us. And let us remember, we did not This is not the right thing to do, in they have been asked to do and excel- start the war with al Qaeda; they did. my opinion. I respect those who have lently. We salute them for their cour- It is al Qaeda that has made Iraq the opinions that are otherwise, but as I age, their patriotism, and the sacrifices central front in their war with us, and stand here as a Member of Congress, we they and their families are making. In- if we are not willing to take on al need to think seriously about what we stead of being honored as the heroes Qaeda in Iraq today, when will we? are doing, think seriously about the they are when they come home, our When will we stand up to radical Islam message that we are sending to our en- wounded veterans are being forced to that is spreading all over the world, en- emies around the world and ask our- cope with a system that is not dangering our allies and endangering selves, is this what our forefathers equipped to care for them. Preparation our citizens? When will we stand up would have done? Is this the message was not made. and fight? We did not do it like other that we want to send to the world? I Americans have been shocked by the world leaders for some 20 years because would suggest to all of you it is not. revelations of the appalling care at America, like the rest of the world, We should vote ‘‘no.’’ Walter Reed. As Senator Max Cleland, looked up, looked away, and just hoped Mr. OBEY. Mr. Speaker, I yield 1 a great patriot, a decorated Army vet- the problem would go away. It is not minute to the distinguished Speaker of eran, said, Walter Reed is the ugly face just going to go away. the House. of the Iraq war. It is a face that the People who are raised to believe that Ms. PELOSI. Mr. Speaker, thank you American people need to see because killing Americans and our allies and very much. I thank the gentleman for this administration from the beginning killing freedom and hating freedom is yielding and commend him for his ex- never planned to deal with casualties, the answer to get to Allah is not just ceptional leadership in bringing this never planned for the consequences of going to go away. And so we can look important legislation to the floor. I this war. up and we can walk out, we can walk also acknowledge the leadership of Mr. Last fall, the American people voted out of Iraq, just like we did in Leb- MURTHA and Mr. SKELTON for all that for a new direction in Iraq. They made anon, just like we did in Vietnam, just they are doing to make our country it clear that our troops must be given like we did in Somalia, and we will safer and to support our troops. all they need to do their jobs but that leave chaos in our wake. Mr. Speaker, the war in Iraq is the our troops must be brought home re- Now, if dealing with al Qaeda is not greatest ethical challenge facing our sponsibly, safely and soon. enough of a reason to finish the job Nation. This is so because our troops The President responded to this clear that we have in Iraq, what about the are being sent into battle without the call for winding down the war in Iraq issue of the Iranians? The Iranians are training, equipment. And the strategic with a policy of escalation in Iraq that trying to spew their hate all over the plan for success because the adminis- has been tried three times previously Middle East and elsewhere. You see tration is not honoring our commit- and failed and, additionally, has bur- Iranians who are bringing new devices ment to our veterans and because the dened our already strained military. into Baghdad to kill Americans and Iraqi war has strained our military, The problems addressed in this bill our allies. It is Iranians who are bring- and therefore weakened our ability to are problems of the President’s own ing funds and doing training to stir up fight the war on terrorism. making. From the start of the war, the sectarian violence in Baghdad. Are we By placing an unacceptable strain on President has failed to recognize and to just going to look the other way again? our military, this war is undermining request in his budget the funds needed I say to my colleagues, and I have our ability to protect the American by our troops serving in Iraq, as has said this before, every generation of people. Instead of making the Amer- been indicated by the distinguished Americans has had their obligation. ican people safer, the war in Iraq has chairman of the Appropriations Com- Every generation of Americans has had weakened our ability to protect our mittee, Mr. OBEY.

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Just as we have only standing the cost of this war in lives global war on terror or recovery efforts one top General in Iraq, one Secretary and health, in reputation, in dollars, in the gulf coast. of State and one Commander in Chief, and the readiness of our military? It is no secret that many Members of we only have one Speaker of the House Furthermore, the President’s budgets the House and Senate, both Repub- at a time. have failed to provide adequately for licans and Democrats, have strong res- Speaker PELOSI and I have been the medical needs of our troops wound- ervations about the manner in which friends and have served as colleagues ed in Iraq and for other veterans. This this legislation undermines the author- on the Appropriations Committee for bill supports our troops, honors our ity of the President, our Commander in many years. The Speaker played an im- commitments to our veterans, rebuilds Chief. Members are also rightly con- portant role in supporting the develop- our military, and holds the Iraqi gov- cerned about how this legislation ment of unmanned aerial vehicles, a ernment accountable. It winds down places military decisions in the hands critical and successful military capa- the war by providing for the respon- of politicians rather than the military bility that is a key element to the war sible redeployment of our combat commanders in the field. on terror. She and I worked on that in forces based on benchmarks endorsed As I have said many times before, the Intelligence Committee together by the Iraqi government and by Presi- this legislation ought to focus on our years ago. It is puzzling to me that the dent Bush. They are his own bench- troops. It ought to focus on providing Speaker would not only openly ques- marks. those in harm’s way with the resources tion the judgment of General Petraeus, Oddly, though, even though they are they need to complete their mission Secretary Rice, and our Commander in the President’s own benchmarks, hold- successfully. It ought to respect, not Chief, but that she would also willingly ing the administration accountable to micromanage, our combatant com- work to undermine their efforts to se- benchmarks has been criticized by the manders in whom we place the ulti- cure a successful outcome in Iraq. administration. They are criticizing mate responsibility for prosecuting My colleagues, it is absolutely essen- their own benchmarks. Yet both Sec- military actions. tial that America, the last remaining retary of Defense Robert Gates and re- My colleagues know that I have great superpower on Earth, continue to be tired Major General Paul Eaton, for- respect for my friend, Mr. MURTHA, but the voice for peace and freedom in our merly in charge of training of Iraqi se- I strongly disagree with his assertion shrinking world. Our success is crit- curity forces, have noted the value of that we ought to have 535 Members and ical. Walking away will further signal timelines in persuading Iraqis to make Senators micromanaging the war in to Syria, Iran, Afghanistan and others the political compromises needed to Iraq. With all due respect, that is not that the United States is no longer end the violence. our job. committed to a successful outcome in Secretary Gates noted, we are all fa- Let me again remind my colleagues, Iraq. miliar with this, it bears repeating, we are not generals, we are not the In closing, I ask Speaker PELOSI and ‘‘The strong feelings expressed in Con- Secretary of State, and we most cer- my friends in the majority to weigh gress about the timetables probably tainly are not the Commander in Chief. the implications of supporting this has had a positive impact . . . in terms It is tragically ironic that the House is conference report. Even as I hold hope of communicating to the Iraqis that considering this conference report the that the Speaker might have a road-to- this is not an open-ended commit- same day that General David Petraeus Damascus conversion, I ask her to ment.’’ met with Members in closed session on weigh the enormous consequences of General Eaton said, ‘‘This bill gives the current situation in Iraq. putting our troops in peril. I strongly General Petraeus great leverage for It was on January 26 of this year, urge a ‘‘no’’ vote on this emergency moving the Iraqi government down the just 3 months ago, that the Senate supplemental. more disciplined path laid out by the voted 81–0 to confirm General Petraeus Mr. Speaker, I reserve the balance of Iraq Study Group.’’ to be the top military commander in my time. My colleagues, the war in Iraq has Iraq. One would have thought that Mr. OBEY. Mr. Speaker, I yield 2 lasted longer than World War II and re- Members and Senators would trust his minutes to the distinguished gentle- sulted in the lowest level of American judgment following such an extraor- woman from New York (Mrs. LOWEY), military readiness since the Vietnam dinary vote of confidence over 3 the Chair of the Foreign Operations ap- War. It has cost thousands of American months ago. Senator REID, who sup- propriations subcommittee. lives, tens of thousands, scores of thou- ported the General’s confirmation, now Mrs. LOWEY. Mr. Speaker, I rise in sands of Iraqi lives, plus tens of thou- says, and I quote, ‘‘I don’t believe support of the conference report on sands of our soldiers to suffer grievous him.’’ H.R. 1591 and commend Chairman OBEY injuries, and will cost well over $1 tril- Recent history reminds us that the for your efforts to protect our troops, lion if the war ended today. enemy we face in Iraq, in Afghanistan respect the wishes of the American The sacrifices borne by our troops and other countries that harbor terror- people, and preserve our Nation’s inter- and their families demand more than ists will stop at nothing to seek oppor- est in this bill. the blank check the President is ask- tunities to attack the United States Our troops have served with honor ing for, for a war without end. The sac- and our allies. Have we not learned and courage. However, they should be rifices demand a plan for bringing the anything from the original World deployed only when battle ready and war to an end. This bill contains that Trade Center bombing in 1993, the with a clear and achievable mission. plan and provides the President for Khobar Towers bombing, the attack on Neither is the case today in Iraq. Re- every dollar he asked for the troops, USS Cole or 9/11 itself? cent reports indicate the troop surge is and, indeed, thank you, Mr. MURTHA, Al Qaeda will view this legislation as not working. The number of casualties much more. the first sign of the United States rose again in March, and this bloody I urge my colleagues to support it. I backing down from its commitment to trend continues. urge the President to sign the bill so the war on terror. It will view the We have heard from this administra- that we can focus on winning the war withdrawal provisions contained in tion that it is not willing to negotiate against terrorism, which is the real this conference report as America sig- on Iraq. Frankly, their unwillingness threat to the American people. That is naling retreat and surrender. Indeed, al to compromise has led us to this point, our responsibility, and we fully intend Qaeda will view this as a day that the and the right of the American people to to honor it. House of Representatives threw in the be heard is nonnegotiable. No amount Mr. LEWIS of California. Mr. Speak- towel, waved the white flag and sig- of American blood or treasure can help er, I yield myself 5 minutes. naled retreat and surrender in Iraq. Iraq if the Iraqis don’t help themselves.

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That is why this bill asks Speaking to the hurricane recovery I know there is not a Member in this the President to certify that the Iraqis portion, this is a true 2007 emergency. body who does not pray for our success are doing their part in meeting critical FEMA needs these funds now to con- in Iraq and for the safe return of our benchmarks. tinue our commitment to the dev- brave servicemen and women who serve In addition, I am pleased the con- astated gulf coast region and to ensure us there. However, we cannot ignore ference report includes nearly $200 mil- the disaster relief fund does not run the facts. After the loss of more than lion in increased funding for Afghani- dry in the middle of what experts are 3,300 American soldiers and nearly stan, $80.3 million for Jordan, $45 mil- predicting will be an active hurricane 25,000 injured, and after the expendi- lion for Liberia, $769 million for Leb- season. ture of more than $400 billion, which anon, much needed assistance for I can only hope that in an effort to will be after the end of this fiscal year Sudan and Somalia, increased funding keep the overall exorbitant spending of some $600 billion, on a war now in its for disaster and refugee aid to Iraq, in- the bill down, the majority has not fifth year, even President Bush and creased accountability through funding shortchanged the true needs of this ac- Secretary of Defense Gates acknowl- expanded mandates for the special In- count. edge that our efforts are not suc- spector General and the State and The global war on terrorism, part of ceeding. USAID IG operations. this funding bill, is another story. The Defense Department has con- While this bill provides most of the While it contains many worthy and im- cluded that the situation in Iraq is funding requested by the President, it portant items such as nuclear and ex- ‘‘properly descriptive of a civil war.’’ puts in place safeguards and oversight plosive detection systems and addi- The Army Chief of Staff has issued to stop waste, fraud and abuse with tional aircraft for the northern border, warnings about the effect of the war on U.S. taxpayer dollars in Iraq. things I have supported in the past and America’s overall military readiness. I urge my colleagues to support this continue to support, they are in no way And the Iraq Government has failed to bill. a 2007 emergency. In every instance, meet political goals, such as reversing Mr. LEWIS of California. Mr. Speak- these items could and should be ad- debaathification, drafting a plan for er, I yield 4 minutes to the ranking dressed in the regular 2008 appropria- national reconciliation and disbanding member on Homeland Security, the tions bill. By including them in this militias, all of which are essential if we gentleman from Kentucky (Mr. ROG- 2007 emergency, the majority is simply are to reach a political solution, as ERS). trying to look strong on security and General Petraeus says is necessary. Mr. ROGERS of Kentucky. Mr. buy down requirements to free up funds In fact, last week, six ministers loyal Speaker, I rise, regrettably, today in in 2008 for additional spending. to Muqtada al Sadr withdrew from the opposition to the supplemental con- Iraqi Government, imperiling the b 2015 ference report before us, the first time chances of political resolution, which I have risen in opposition to an appro- While I support homeland security General Petraeus, as I said, says is im- priations conference report in more spending, I support it in a fiscally re- perative because, quoting again Gen- than 12 years. The Democratic side of sponsible way. eral Petraeus, ‘‘There is no military so- the aisle and many of their liberal Mr. Speaker, it is not often that I lution to a problem like that in Iraq.’’ newspaper editors are intent on sub- have two such compelling reasons to General Petraeus: ‘‘There is no mili- stituting their judgment for that of our vote against a bill: taking away au- tary solution to a problem like that in professional, trained, experienced mili- thority to manage our war against al Iraq.’’ tary leaders. Qaeda from the military commanders, Meanwhile, the violence in Iraq con- I am reminded of a quote that I want and carelessly adding billions of dollars tinues. In just the last 2 weeks, a sui- to read to you, it’s very brief, that in non-emergency spending. These are cide attack inside the Iraqi Parliament speaks to this subject. I will tell you the very reasons we will be back here killed eight, and spectacular car the author in just a moment. ‘‘It ap- addressing these matters again in a bombs, which occur almost daily, have pears we have appointed our worst gen- couple of weeks after the President ve- killed hundreds. erals to command forces, and our most toes the bill. Thus, Mr. Speaker, the question be- gifted and brilliant citizens to edit We should address these issues now, fore the Members again today is this: newspapers. In fact, I discovered by and stop the political gamesmanship Will we change direction in Iraq, or reading newspapers that these editor that harms both our troops and the will we continue to stay the course geniuses plainly saw all my strategic gulf coast recovery effort. This bill is with a failing policy? That is the ques- defects from the start, yet failed to in- nothing short of a cut-and-run in the tion before this House tonight. form me until it was too late. Accord- fight against al Qaeda. I urge a ‘‘no’’ The answer, I think, is clear. After 4 ingly, I am readily willing to yield my vote. years of rubber-stamping this adminis- command to these obviously superior Mr. OBEY. Mr. Speaker, I yield 1 tration’s failed policy, not a service to intellects, and I will, in turn, do my minute to the gentleman from Mary- the American people, this Congress best for the cause by writing editorials land (Mr. HOYER), the distinguished must insist on accountability and a after the fact.’’ Signed, Robert E. Lee. majority leader. new direction. As the Speaker has said, This Congress is made up of 535 law- Mr. HOYER. Mr. Speaker, this bill is more blank checks from this Congress yers, doctors and teachers, some with not cut and run. It’s think and succeed. would constitute an abdication of our military experience, some without. It It’s a good policy to try. responsibility and of our duty. is not, however, made up of 535 mili- Mr. Speaker, tonight this House will In short, this conference report pro- tary commanders who possess the abil- adopt this reasonable conference report tects our troops, requiring deploy- ity to manage a war against al Qaeda. that fully funds our troops in Iraq and ments to adhere to existing Defense Yet that is what this conference report Afghanistan and that responds to the Department standards. Mr. MURTHA does. It enables over just half of 535 will of the American people, who are has not adopted these standards, nor politicians to micromanage the war in demanding, demanding, that our Na- has Mr. OBEY, nor have any of us on Iraq against al Qaeda. tion change course. I urge all of our this side of the aisle. These are Defense Sadly, though, this is not the only Members here, on both sides of the Department standards for training, ac- reason to vote against this conference aisle, to support this bill. quiring equipment and armor, while al- report. It’s also full of billions of dol- After the Senate passes this con- lowing the President to waive those lars in spending categorized as an ference report and it is sent to the standards that are the Defense Depart- emergency which undermines the true White House, I urge and implore the ment standards if, in his judgment, na- needs of our troops and gulf coast hur- President to sign this bill, even though tional security requires it. How much

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.144 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4149 more responsible a position can we the war, it tells the Iraqis we expect Mr. President, sign the bill. It’s the take? accountability; because if they take best bill. The Senate and House have The conference report holds the Iraqi accountability, our troops will be safer, agreed, and we don’t care that the Government accountable. I think that our country will be better off and Iraq President has said, before we even reflects the sentiments of the Amer- will be on the path to democracy that passed it out of the first Chamber, that ican people, who believe that the Iraqis we hope for her and pray for her. he would veto it. We have to pass this need to step up and take responsibility. Mr. LEWIS of California. Mr. Speak- bill, bring our troops home, and have a What Secretary Gates said was if we do er, I yield 2 minutes to the ranking plan for success. not have a consequence of not taking member on Military Construction of This is a good conference report. responsibility, they will not do it. Appropriations, the gentleman from Americans, speak out. If the President In fact, even if Mr. Maliki wants to Mississippi (Mr. WICKER). does veto the bill, there is something do it, he will not be able to get the dis- Mr. WICKER. Mr. Speaker, I served to be paid. The troops need our help parate factions in Iraq to do it, unless as a conferee on this bill Monday after- and our support, and I thank Chairman they feel a necessity to do it. We’ve noon, and I was disappointed at what I OBEY and Chairman MURTHA for their seen that here in this Congress. That’s saw. Everyone in the room knew then, leadership. Vote for the conference re- democracy at work. So this is an as- as they know now, that President Bush port. sistance to the Iraqi Government to will veto this legislation because it ‘‘Few will have the greatness to bend history bring people together, because it says contains dangerous timelines for with- itself; but each of us can work to change a if you don’t, there is a consequence. drawal in Iraq, undercutting our small portion of events, and in the total of all The American public supports that al- chances for success and making a polit- those acts will be written the history of this ternative. ical statement at a time when we generation.’’ Sen. Robert F. Kennedy. And it includes a responsible strat- should be working in a bipartisan man- This vote will affect us today, it will affect egy for a phased redeployment of U.S. ner to give our troops the resources our children tomorrow, it will affect our grand forces and refocuses, refocuses our ef- they need to succeed. children of the next generation. Unlike some of forts on fighting al Qaeda and the Many of us heard General Petraeus our colleagues, I refuse to legislate any bill, Taliban in Afghanistan. There is no- this afternoon. I think most Members much less this bill, merely because the Presi- body in this Congress who does not are highly impressed with his com- dent has issued a veto threat. Our brand of want to nor is not committed to con- mand of the situation and his candor. government has lasted for more than 230 fronting and defeating terrorism. No We ought to be willing to give him and years because of the separation of powers. one should be misled by the false his new strategy a chance. Instead, the The President needs the money, and Con- claims of those who argue that we bill before us tonight would guarantee gress controls the power of the purse. must follow the same failing stay-the- failure. We have the opportunity to change course, course strategy. This bill does not con- This is a futile exercise and a waste confront crises, and continue the legacy of not stitute capitulation or micromanaging of valuable time. It ensures further only the Democratic Party but of America with this war. delay in getting the equipment, sup- this vote today. This may sound harsh, but had some- plies and support to the troops. Be- As of April 23, 2007, there have been 3,333 body told Custer that you are not sup- cause Congress has not provided this U.S. Military Deaths Confirmed by the Depart- porting the troops unless you leave funding already, our military leaders ment of Defense. There have been at least them here, they would have been must shuffle existing funds. Spending 20,000 women and men who have been wrong. As retired General Paul Eaton, on new equipment will be postponed wounded, and untold numbers of women and who was in charge of training the Iraqi and repair work will be slowed on men who have been affected by traumatic military in 2003 and 2004 recently stat- equipment needed elsewhere around brain injuries that we are just discovering, and ed, ‘‘This bill gives General Petraeus the world, and the Pentagon will have will suffer for decades from post traumatic great leverage for moving the Iraqi to curtail training for National Guard stress disorder. Government down the more disciplined and Reserve units. This will hamper The Democrats have worked to compromise path laid out by the Iraq Study Group. their capabilities and their readiness. with the Administration. While I, like many of The real audience for the timeline lan- The veto will come quickly, and, my colleagues, hoped that we would retain the guage is Prime Minister Maliki,’’ as I when it does, I hope the majority will House language with regard to the troop de- have said, ‘‘and the elected Govern- not engage in further attempts to ployment provisions, I understand that honesty ment of Iraq.’’ So concluded Paul micromanage the war. Let’s craft a re- and compromise are the hallmarks of this au- Eaton, the general in charge of train- sponsible, focused supplemental pack- gust body. ing Iraqis in 2003 and 2004. age that funds the military and dem- Make no mistake about it; this vote is a vote Mr. Speaker, the American people onstrates to our soldiers that we sup- to support our troops and will bring an end to want and deserve a Congress that holds port their efforts to complete the mis- the war in the near future. The military options the Iraqis accountable for making sion. for Iraq are exhausted; we need to pursue dip- progress. The American people are pay- Contrary to what some in the Demo- lomatic solutions so that the Iraqis and other ing a steep price; our children are pay- cratic leadership say, the war is not countries in the Middle East can be real ing a steep price for this war. They lost. Let’s not legislate as if it is. shareholders in the fate of Iraq. haven’t been given the bill yet, but Mr. OBEY. Mr. Speaker, I yield 1 This supplemental enforces the President’s they will be. And our young men and minute to the distinguished gentle- own benchmarks that the Iraqis protect and women, and not so young men and woman from Michigan (Ms. KIL- end their civil war. This bill has the military’s women, are paying with their lives, PATRICK). own standards for readiness and deployment. with their limbs, and with their health. Ms. KILPATRICK. Mr. Speaker, I This bill provides more than the President re- The American people want and de- thank our chairman for yielding. quested for military procurement, construction, serve, as I have said, a Congress that Mr. Speaker, this is a good bill. We health care, and readiness. holds the Iraqis accountable, that are legislators. The President has a job I am proud that the Committee supported holds the administration accountable and we who represent the people have a my request for increased funding for the Low for implementing a policy designed to job. It funds the war, a war that the Income Home Energy Assistance Program, to succeed. This conference report gives other side started, and the speech that remove the matching funds for many of the us that opportunity. they are giving tonight is the same grants and loans going to the rebuilding of I urge all of my colleagues, on every speech they gave 4 years ago. states affected by Hurricane Katrina, in par- side of the aisle, from whatever party, It’s time to change course. This bill ticular the city of New Orleans. support this conference report. I urge funds veterans who have been wounded $450 million for Post Traumatic Stress Dis- the President, when we pass this con- severely, children who need health order (PTSD)/Counseling: African American ference report, when the Senate passes care, and all the emergencies that this male Vietnam and Iraq theater veterans have it and we send it to the President, sign country needs to address and has not higher rates of PTSD than Whites. Rates of this conference report. It fully funds been taking care of the last decade. current PTSD are 28% among Hispanics, 21% our troops, it does not micromanage Pass the bill. among African Americans, and 14 percent

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00097 Fmt 7634 Sfmt 9920 E:\CR\FM\K25AP7.145 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4150 CONGRESSIONAL RECORD — HOUSE April 25, 2007 among Whites. African Americans have great- As a matter of fact, the legislation And what happened? Saddam re- er exposure to war stresses and had more before us, the appropriations part of sponded in a vicious attack upon his predisposing factors than Whites, which ap- this defense bill is a good package. Mr. own Iraqi citizens to continue the peared to account for their higher rate of MURTHA and I met prior to him submit- genocide that he began in earlier years. PTSD. ting this to the full Appropriations After we left from Desert Storm, he $450 million for Traumatic Brain Injury care Committee and we agreed. Basically I killed thousands of Shia Iraqis. and research: Traumatic brain injury (TBI) is told Mr. MURTHA that these are about What General Petraeus and our caused by a blow or jolt to the head or a pen- the same numbers that I would have American troops are trying to do is to etrating head injury that disrupts the function recommended if I were still the chair- give the Iraqi government that has of the brain. man. But we did agree to disagree on been elected by the people, Constitu- $20 million to address the problems at Wal- the issue of the restrictive language on tion approved by the people, a par- ter Reed: When the federal base-closing com- the conduct of the battlefield. liament elected under the new Con- mission recommended shutting down Walter My memory takes me back, as we stitution by the people; General Reed Army Medical Center in Washington, it discuss this legislation now, to October Petraeus said that the Iraqi security was noted through a number of reports that of 1983, where terrorists attacked the forces were growing in number, were most of the patients and communities affected Marine barracks in Beirut. The Ma- growing in capability. Even the Sunnis were African-American. rines there on a peacekeeping mission are starting to join up with these secu- $100 million to allow the VA to contract with and 241 of our troops were killed. In rity forces in Iraq to show a Sunni- private mental healthcare providers to offer February of 1993, the World Trade Cen- Shia coming together. Not much, but a veterans, including Guard and reserve mem- ter was bombed, as Chairman LEWIS little bit. bers, quality and timely care: African Ameri- noted in his comments. Six lives were But to let this government exist so cans are more likely to be victims of serious lost. that we didn’t have another situation violent crime than are non-Hispanic whites. where we left, we didn’t leave anybody b 2030 Food Assistance (PL 480 Title II): Adds in charge, and the bad guys took over $450 million, which is $100 million above the In June of 1996, Khobar Towers in again. President’s request, to support food aid in Saudi Arabia, where our airmen were Mr. OBEY. Mr. Speaker, I yield 1 Sudan/Eastern Chad, Southern Africa, and the being housed, was bombed. Nineteen minute to the gentleman from Georgia Horn of Africa. American lives were lost. August of (Mr. SCOTT). Agricultural Assistance: Adds $3.7 billion. 1998, our embassies in Kenya and Tan- Mr. SCOTT of Georgia. Mr. Speaker, According to the National Farmers Union, over zania were bombed by terrorists again. you know, it’s hard for me to even sit 80 percent of U.S. counties were designated Two hundred fifty-nine lives were lost. here and hear the other side talk about as disaster areas in 2005, and 60 percent October of 2000, the USS Cole off the this, because they are missing the were declared in 2006, making this assistance shore of Yemen was bombed by terror- point. This is about our soldiers. If you essential if farmers are to maintain their liveli- ists. Again, 17 American lives lost, and care about our soldiers, you say you hoods in the coming year. almost every crewman on the ship in- Low Income Home Energy Assistance Pro- care about our soldiers, you will vote jured. gram (LIHEAP): The Supplemental adds $400 for this supplemental. But all this time nothing happened million to partially restore cuts to the program. This supplemental has over $4 billion except a lot of rhetoric. Well, we Pandemic Flu Preparedness: Adds $1 billion more than what the President asked talked a lot. We were going to hunt to purchase vaccines needed to protect us for in everything. I’ll tell you what them down. And you can run, but you from a global pandemic. this supplemental is about. It’s about State Children’s Health Insurance Program can’t hide. those soldiers that I visited in (SCHIP): As amended in Committee, the pro- But finally, after September 11, the Landstuhl, Germany. On three dif- posal adds $750 million for SCHIP to ensure people of America were so incensed by ferent occasions, every time we went continued healthcare coverage for children in what they saw with the airplanes fly- over to Iraq and over to Afghanistan 14 states that face a budget shortfall in the ing into the two World Trade Centers, we’d make a stop to come back. program. the airplane flying into the ground in You want to know what this supple- Foreign Aid: $40 million in security assist- Pennsylvania, in or near Mr. MURTHA’s mental is about? It’s about those sons ance is added for Liberia. This provision was district, and the airplane flying into and daughters, 19 and 20 years old, who added only because of the CBC. the Pentagon right across the river, will never walk again with their legs After far too long, the bill will address the killing some 3,000 innocent people. The because they have been cut off. outstanding needs of our working women and people of America were incensed. They You talk about the President wants men by increasing the minimum wage of demanded action. The President of the to veto this. Let’s send it to him. Let Americans. United States promised action, and the him veto it. If he vetoes this bill that’s ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Congress provided action. And subse- got the money in it for the body armor The SPEAKER pro tempore. The quently, our troops are in Afghanistan that he sent troops into battlefield Chair would remind Members to ad- and are in Iraq. And it is essential that without, let him veto this. If he vetoes dress their remarks to the Chair. we provide whatever they need to carry this bill, it will be like sending a dag- Mr. LEWIS of California. Mr. Speak- out their mission and to protect them- ger right in the heart of our soldiers. er, I yield 5 minutes to the gentleman selves while they are carrying out the Mr. LEWIS of California. Mr. Speak- from Florida (Mr. YOUNG), the former mission. er, I yield 2 minutes to Mr. KINGSTON of chairman of the Defense Subcommittee But now, what about leaving today or Georgia, a member of the committee. and former chairman of the Appropria- tomorrow or March or July, as some of Mr. KINGSTON. Mr. Speaker, Win- tions Committee. these restrictions provide? ston Churchill said, ‘‘The United Mr. YOUNG of Florida. Mr. Speaker, One of our great successes was Desert States of America always does the first I want to make the point as Storm. In Desert Storm, we attacked right thing after it has exhausted all strongly as I can that I want our troops Saddam Hussein’s armies successfully, the other alternatives.’’ out of Iraq and Afghanistan and any- and we annihilated, basically, his And what we are doing here tonight, place else in the world where they are army. At least they ran away. They through the Democrat Party, is ex- in harm’s way as soon as we can pos- ran for cover. They surrendered. A lot hausting all the other alternatives. sibly do it without risking the security of them lost the battle because the This bill is wrong for a number of of our own Nation and the security of United States was aggressive and our reasons. First of all, the Democrat our own people. coalition partners. leadership promised to cut out the Mr. MURTHA and I have been partners But here’s where we made a mistake. pork and nondefense spending and give in this business for many, many years, Once we had Saddam’s armies defeated, us a clean bill. But this bill contains and he and I have both stood by the we left. We left before there was any- minimum wage legislation, children’s bedside of too many wounded troops thing else there to provide a reason- health care appropriations, $31 million and have attended too many funerals, able, logical government for the people for milk subsidies, $460 million for food and we want this over. of Iraq. aid, much of that not even going to the

VerDate Aug 31 2005 06:14 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.094 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4151 Middle East, $40 million for grain stor- sponsibility we face each time the Iraqi people. I signed up to secure the age, $37 million for new computers for Speaker bangs down her gavel. American people.’’ the FSA in Kansas City, $4 million for Nineteen men, including Specialist My fellow colleagues, this bill, this the Office of Women’s Health, and $15 Chad Keith from Indiana. Nineteen vote helps us secure the American peo- million for livestock subsidies. guys who never made it home to their ple. For too long the American people What does this have to do with Iraq? families. Specialist James Lambert III, have been craving leadership, craving Not a thing. from North Carolina. Nineteen all accountability, and craving a new di- And yet some of this stuff may have Americans who paid the ultimate sac- rection in Iraq. Let’s give this to them a lot of merit and get bipartisan sup- rifice. Private Kyle Gilbert from today. port. But why not bring it up on the Vermont. Nineteen men who are Mr. LEWIS of California. Mr. Speak- proper pieces of legislation, not on a missed. Private First Class Marc er, I yield 2 minutes to the ranking military aid bill? Seidan from New Jersey. Nineteen member on the Budget Committee, the It’s interesting, one of the Democrat men. Now we have nine more para- gentleman from Wisconsin (Mr. RYAN). Senators actually justified the non- troopers to add to this list. Mr. RYAN of Wisconsin. Mr. Speaker, military spending saying, ‘‘But the Re- Mr. Speaker, how many more suicide when the new majority came into publicans did it.’’ And I agree with her. bombs must kill American soldiers be- power, they talked about being fiscally She’s right. We did it. And that’s why fore this President offers a time line conservative. They talked about bring- we are in the minority. The American for our troops to come home? ing fiscal responsibility back to the people are tired of these kind of she- How many more military leaders people’s House. Well, that’s not what nanigans. must declare the war will not be won we see here today, and that’s not what Let’s pull these items out and have a militarily before this President de- we have seen for the last 4 months. debate on their own merits, not on the mands that the Iraqis stand up and Last session, Mr. Speaker, we backs of soldiers in Iraq. fight for their country? brought a bill that said if we are going Let’s talk about Iraq. The Constitu- How many more terrorists will Presi- to do emergency spending bills, let’s tion, article I, section 2, says, and I dent Bush’s foreign policy breed before clean these up. Let’s not put pork bar- quote, ‘‘The President shall be Com- he focuses on developing a new strat- rel, unnecessary spending in emergency mander in Chief of the Army and Navy egy, a real strategy for fighting and spending. We actually defined what an of the United States and of the militia beating al Qaeda? emergency is. of the several States when called into Mr. Speaker, this bill says enough is b 2045 the actual service of the United enough. No more shortchanging our States.’’ troops. No more open ended commit- And then we set aside a reserve fund, In other words, the President, as ment in Iraq. No more refereeing a reli- $6.4 billion, to say we are setting this Commander in Chief, runs wars, not 535 gious civil war. aside for emergency spending, and if we arm chair generals on Capitol Hill. Mr. Speaker, on the fourth anniver- go over this amount, we have to scruti- But this legislation, or surrender sary of the war, I led this body in a mo- nize every dollar to make sure that it document, usurps the President’s con- ment of silence. Now my fellow Demo- is truly an emergency. stitutional prerogative. For this reason crats offer a time line to bring our What did the new majority do? To alone we should reject it. troops home. their credit, they carried these rules And finally, let’s talk about the gist Mr. Speaker, I ask my colleagues on over into this session of Congress. of this surrender. Putting a timeline on the other side of the aisle who are Thankfully, they said, you know what? a war is great if the enemy agrees with about to vote ‘‘no’’ on this bill, will Let’s not pork up emergency spending it. But for some reason, they never do. you stand with us next year to offer a bills. Let’s make sure that if it’s really Never in the history of war has a coun- time line on the war’s fifth anniver- an emergency, it will get funded as an try won by announcing their surrender sary? emergency. If it’s not, it won’t. date to the world. It’s odd, it’s reck- How about a time line on the sixth? What happened the first time the less, and it won’t work. How about a time line on the 10th? Be- pressure hit? They waived the rules. We should not micromanage this war. cause that’s what voting ‘‘no’’ does. It They waived the rules completely. And We should do as Winston Churchill said says no to the tough questions. No to now the new budget resolution the ma- and do the right thing. accountability and no to providing our jority is proposing gets rid of these And I urge a ‘‘no’’ vote. troops on the ground with a clear mis- proposals altogether. No more checks Mr. OBEY. Mr. Speaker, I yield 6 sion. on emergency spending. All it takes is minutes to the distinguished gen- Mr. Speaker, I may be hopeful, but I to waive the rules, stamp it as an tleman from Pennsylvania, Mr. MUR- am not naive. I hear Vice President emergency, and we can spend as much PHY. CHENEY taunt patriotic Americans who as we want. It’s outside the budget Mr. PATRICK J. MURPHY of Penn- are concerned with the direction of our caps. It gets added onto the deficit. sylvania. Mr. Speaker, I rise today country. I see the President using his And that’s what is happening right with a heavy heart. This week, nine of veto to hold our troops hostage to fur- here tonight. my fellow paratroopers from the 82nd ther his failed strategy in Iraq. I read In fact, Mr. Speaker, this bill right Airborne Division were killed in Iraq. the Bush Republicans’ attacks ques- here violates the majority’s own Nine more heroes killed, nine more tioning my patriotism and support for PAYGO rules by $5.8 billion. That’s paratroopers returning home in coffins my fellow soldiers. But, Mr. Speaker, right. They are violating their own draped in the American flag. we have all heard these attacks before. PAYGO that they put into place just a Mr. Speaker, Daniel Webster’s words The American people know that few months ago by $5.8 billion. They that are etched in the marble above President Bush and his allies are sadly are adding $21 billion of nonemergency implore each of us in this room, and I out of touch. The American people spending that were unrequested, that quote, ‘‘To see whether we also, in our know that supporting the troops means have nothing to do with the war on ter- day and generation, may not perform demanding accountability. The Amer- ror. And they have added $11 billion of something worthy to be remembered.’’ ican people know we need a change. congressional add-ons that have noth- Mr. Speaker, I know the task is Mr. Speaker, one of my fellow sol- ing to do with the war on terror, that daunting, but let this Congress be re- diers lost his brother in the World were not requested. membered for leading our country in a Trade Center on September 11 of 2001. The majority came out with their new direction in Iraq. This soldier is now in Iraq serving on first spending bill, adding $6 billion on Mr. Speaker, I was deployed to Iraq his second deployment. And last week top of the deficit. Now they are adding in 2003 and 2004. Nineteen of my fellow he sent me a message, unsolicited. It $21 billion on top of the deficit with paratroopers I served with never made said, and I quote, ‘‘Never did I think I this unrequested, nonemergency spend- it home from the streets of Baghdad. I would disagree with our foreign policy ing. And in their budget resolution carry their names with me every single 5 years after my brother was murdered. they are bringing to the floor, another day to remind myself of the solemn re- Our latest mission here is to secure the $25 billion next year.

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.151 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4152 CONGRESSIONAL RECORD — HOUSE April 25, 2007 Fiscal responsibility is the last thing Mr. LEWIS of California. Mr. Speak- It’s time for the political theater to you could say to describe this bill. I er, I am pleased to yield 3 minutes to end and the real work to begin. urge rejection of this motion. our Republican whip, Mr. BLUNT. Mr. LEWIS of California. Mr. Speak- Mr. OBEY. Mr. Speaker, I yield my- Mr. BLUNT. Mr. Speaker, I thank er, I yield back the balance of my time. self 1 minute. the gentleman for yielding as this de- Mr. OBEY. Mr. Speaker, I yield my- Mr. Speaker, I would simply say in bate comes to an end. self such time as I may consume. response to the previous speaker, last The legislation we have debated here I simply want to take this time to session your party couldn’t even pass a tonight was at one point supposed to be thank the staff on both sides of the budget. Last session your party an emergency supplemental spending aisle. They worked overtime for many couldn’t complete action on a single bill for our troops, dispatched to them days and many nights, and I appreciate domestic appropriation bill. with urgency, resolution, and purpose. it very much, especially the committee You may not like the decisions we It was supposed to provide money and staff director, Rob Nabors. have made, but at least we have made resources for our fighting men and I would also simply say that we have them. And we have had to spend the women on the frontlines so that they heard twice now from the minority first 30 days of this session finishing had the tools and equipment they need- that this bill endorses failure. Not at the work that you could never manage ed to finish the task at hand. all. What we have seen the last 4 years to get around to. So I suggest you look Instead the majority turned this im- is a failure of intelligence. We have to your own house before you start portant funding package into an exer- seen a failure of the administration to criticizing somebody who has at least cise in political theater, along the way, listen to career military. We have seen gotten the work done that you couldn’t disregarding the testimony of our mili- a failure to plan for the occupation of get done last year. tary commanders, the wishes of many Iraq. We have seen a failure on the part Mr. LEWIS of California. Mr. Speak- in their own caucus, and basic and nu- of the administration to give the Con- er, I yield 2 minutes to the gentle- merous dictates of our Constitution gress accurate information. We have woman from Tennessee (Mrs. and our history. seen a failure to focus on al Qaeda and BLACKBURN). The result has been a final con- Afghanistan rather than being diverted Mrs. BLACKBURN. Mr. Speaker, I ference report, though we know it real- to Iraq. We have seen a failure to un- thank the gentleman from California ly won’t be a final conference report. It derstand the nature of the civil war in for yielding. It has been so interesting to listen to has been a conference report that im- Iraq. And as a result, we have seen a the debate this evening. I am reminded poses artificial deadlines, ties the tremendous collapse of American influ- of my school teacher grandmother and hands of our commanders in the field, ence in the world. It is tragic. an admonition that she would regu- and demotes those tasked with man- I urge an ‘‘aye’’ vote for the resolu- larly give us to us, which was ‘‘Your aging an active military engagement tion. actions speak louder than your words.’’ to the rank of administrative assist- Mr. Speaker, I yield the balance of And she would remind us of this time ant, forced to check new boxes before my time to Mr. MURTHA. Mr. MURTHA. Mr. Speaker, appar- and time and time again. exercising the authority they have And, Mr. Speaker, I can tell you, today to execute their mission. ently a number of people have not read quite frankly, I think that what we are And it would spend billions of dollars this bill. I know my friend BILL YOUNG seeing is the actions of a majority who on things that should have been de- has read it. are doing their best to ensure, to en- bated at another time. Some of those We have $1.5 billion to cover the full sure, that our men and women in uni- things have merit. Some of those cost of housing allowances for the form do not have the funding that they things I agree with. Some of them I troops. If you vote against this, you are need. don’t. But they shouldn’t have been de- voting against housing allowances. We I represent a lot of these military bated as part of this bill. have a total of $2.3 billion in this bill men and women, and I have heard from Those who attended today’s briefing to cover the full cost of fielding an ad- them. I am hearing from a lot of the with General Petraeus benefited from a ditional 36,000 Army troops and 9,000 military men and women and their clear and sober assessment of our Marines. If you’ve read this bill, you’ll families, and they feel like the modi- chances for achieving success in Iraq realize we added $2 billion to address fied withdrawal dates in this legisla- and the consequences we can expect by the training and equipment shortfalls tive disaster are nothing more than a declaring defeat. But not a single per- in the forces not deployed. One billion vote of no confidence for our troops. son in that room today, with knowl- dollars is dedicated to purchase Army They feel that this legislation will em- edge of our progress on the ground, be- National Guard equipment. If you vote bolden our enemies and send a message lieves this war was lost or that our against it, you’re voting against $1 bil- to the rest of the world that they be- presence there was without merit. Un- lion for the National Guard. You’re lieve that they are more qualified to fortunately, too many in this Chamber voting against an additional $750 mil- prosecute a war than the men and seem convinced of the inevitability of lion for Afghanistan. You’re voting women we are sending to the defeat. against $2.4 billion with a joint IED frontlines. That is something, Mr. However this vote turns out, I am task force. In procurement you’re vot- Speaker, that they do disagree with. hopeful that tonight’s roll call will end ing against the very thing that the Our military leadership deserves the this effort to undercut our mission by military wants most, and that is the opportunity to fight this war with the undermining the authority of our com- new vehicle with the V shape which is funding and the support that they need manders in the field. Republicans are resistant to IEDs. to accomplish their goals. They deserve willing, and have been willing, to work Now, let me talk a little bit about the ability and the opportunity to win. with the majority on this bill. But we IEDs. In the last 4 months, we have Yet the leadership in this House con- will not waver on our insistence that lost more troops than any other period tinues to try their best to micro- an emergency troop support bill passed during this war. And I am sorry to hear manage the war and our troops without by Congress actually be focused on sup- from a friend of mine’s wife who called the funding that they need. porting the troops. The legislation be- me and said there was a joke on one of Despite what the majority leader in fore us tonight fails to meet that most the shows last night by a Republican the other body and his supporters in basic standard. Presidential candidate who said that the House believe, this war is not lost. I urge a ‘‘no’’ vote on this bill and he brought an IED back and he put it Yet this dead-on-arrival supplemental ask my colleagues to join me tonight under this guy’s desk. That individual bill will only exacerbate the problem in standing up for the interests of our owes an apology to every troop that and put our troops in harm’s way. men and women in harm’s way. And serves in Iraq. I think that we should show our re- hopefully, very soon, we can join to- When we go to the hospital, all of us, spect for the men and women in uni- gether in crafting a bill that will be we see burn victims. We see victims form by respecting the job they do. We considered quickly, as this one should that are wounded badly. And many of should do our job: Send the funding to have been, passed quickly, with help to us don’t get an opportunity to see the the troops. the frontlines as soon as possible. families.

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.152 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4153 I went to Fort Hood, Fort Bragg, and they wanted, within a week they were Earlier, when the House considered the De- Fort Stewart. These folks are burned able to get service. Then I talked to fense Supplemental bill itself, I voted for it to out. The truancy rate is up in the the wives, the officers’ wives, I said, ensure that America’s soldiers get the equip- schools. The achievement is down in after talking to them for a while, how ment and resources they need and the top- the schools where our troops’ children many of you got service in a week? No quality health care they may require when go. One soldier said to me, a first ser- hands went up. How many did it take they come home. geant, a woman, she says, I hate to tell over a month? Half the hands went up. And I think the conference report is an im- my children I’m going back to Iraq. We’ve got to take care of the people at provement on that House bill. They’re going back the third and home. As I said when the House debated the initial fourth time. Let me tell you something, I get fa- bill and again during debate on the motion to tigued in going to the hospitals. The instruct conferees, I did not believe it was a b 2100 caregivers that care for them every good idea for the bill to include a date certain A general said to me, ‘‘I can only day, think what they go through. A for withdrawing U.S. combat troops from Iraq. take 9 months.’’ And we’re sending nurse called me and said you’ve got to So I’m glad that language has been made them back to 18; I hear rumors that put some money in the bill, and we did, more flexible in the conference report. It in- they are going to extend them to 18 to take care of caregivers to give them cludes a goal of March 2008 for completing months. some relief. These caregivers see it the redeployment of U.S. combat troops, and We have an accountability bill, this every day. So we put $6 million in for allows sufficient troops to remain to protect is called the ‘‘Iraq accountability bill.’’ Landstuhl program. We put $1 million U.S. military and civilians in Iraq, conduct This war has been so mismanaged that in for Walter Reed, for Brooke’s and for counterterrorism operations, and train Iraqi Se- we have the responsibility to force the Bethesda. They are burned out. The curity Forces. I remain convinced that we White House to be accountable. The troops are burned out. What we are try- should steer clear of arbitrary public deadlines policy is not set by the military, the ing to do in this bill is hold the White for military actions and focus instead on real- policy is set by the White House, and House accountable for the policy mis- istic diplomatic and political goals. Our military we have to hold the White House ac- takes that they made. needs flexibility to be able to link movements countable for the mistakes that they We went into Iraq without weapons of U.S. troops to the realities of the situation have made. of mass destruction. I believed it. When on the ground, and successful diplomacy re- We will have appropriated $1.2 tril- I went there the first time, I saw a line quires such flexibility as well. lion for the Defense Department in 1 drawn around Baghdad. They told me My vote for the conference report is not a year. We are spending nearly $10 billion they were going to use biological weap- vote to support the Bush administration’s pol- a month in Afghanistan and Iraq. We ons. I believed that. It took me 6 or 7 icy in Iraq. We are 4 years into a war the have 126,000 contractors. And it took us months to realize we had made a mis- Bush administration assured us would be 2 months, the committee that funds take. We went to Afghanistan, it was short and decisive. The administration’s every cent that is spent in Iraq and Af- the right place to go. misjudgments, lack of planning and poor lead- ghanistan had to spend 2 months to I am inspired by these troops, I am ership have made a bad situation worse—and find out there were 126,000 contractors. inspired by their families; but they are the tactic of increasing troops for a temporary And we told this to the Secretary of burned out and they are bearing as ‘‘surge’’ is no substitute for what is needed, Defense. When one of the Members of much as they can bear. When we sit namely, a strategy for containing civil war and Congress said, and one of them is mak- here, and one of the previous speakers a wider regional war. ing $300,000 a year, one of the contrac- said ‘‘we.’’ I hear this all the time, But whatever may be said about the wisdom tors, he said, ‘‘That’s more than I ‘‘we’re fighting,’’ ‘‘we’re fighting ter- of invading Iraq 4 years ago—and I am one make.’’ Imagine, we’ve got a con- rorists.’’ We are not fighting terrorism, who believed it was a mistake to do so—the tractor making more than the Sec- we are sitting here in an air condi- fact is that we are still deeply engaged in Iraq. tioned place while they are out there in retary of Defense makes. We have a So long as our troops are in the field, we must dust. contractor that I saw, when I talked to provide them what they need. Beyond sup- And let me tell you about the policy the Cavalry Division that was in Iraq, plying our soldiers, however, we must extri- in this latest deployment. I worried. I cate them from what objective defense experts here is a guy pumping gas, this is what didn’t say anything in public, but I a soldier told me, he gets $25,000 a year, have characterized as an emerging civil war. worried. When you send 37 different Disengaging from that civil war is the pur- and right beside him was a guy pump- elements out by themselves among the pose of the provisions in the conference report ing gas for $80,000 a year. This is what Iraqis, when you’ve got interpreters designed to hold the president accountable to I call accountability. who you don’t trust, you are going to the benchmarks set by his own administration We have to hold the White House re- expect the kind of disasters you just and the Iraqi Government—including enact- sponsible for accountability. Why do saw. That’s the thing that worries me ment of a hydro-carbon law; conducting of they have 126,000 contractors? Because when you don’t have enough troops. provincial and local elections; reform of current we don’t have enough troops. Why are And one general said to me, he said, ‘‘If laws governing the de-Baathification process; they extending the troops to 18 you’re there more than 9 months, you amendment of the Constitution of Iraq; and al- months, possibly? start making mistakes.’’ Imagine what location of Iraqi revenues for reconstruction And finally, they realized they he’s saying? He said, ‘‘I question my- projects. couldn’t send them back before they self after 9 months.’’ A psychologist I strongly support that approach because I had a year at home. They had to be told us, who came before the com- am convinced that holding the president and trained and they had to be equipped. mittee, he said 3 months in heavy com- the Iraqi Government accountable for achiev- That is what we say in this bill, we say bat, 3 months of going out every day ing these benchmarks will provide us with the you’ve got to be trained and equipped. and having IEDs, imagine a Presi- leverage necessary to pressure the Iraqi Gov- I had General Pace come up after the dential candidate making jokes about ernment to forge the political solution we all last hearing. I said, General, you’ve got IEDs when these kids are blown apart? know is required. In fact, Defense Secretary to tell me you’re not sending any It’s outrageous. Gates has acknowledged that this provision in troops back there untrained and ill- Let me tell you something, we owe a the House-passed bill has been helpful by equipped. And I don’t know that this great deal of gratitude to these fami- showing the Iraqis that American patience is conversation made the difference, but a lies and these young people who are limited. short time later they announced they doing the fighting. It’s not ‘‘we’’ doing This conference report is an important step are going to extend people, and they the fighting, it’s ‘‘them’’ doing the toward what I think must be our goal—a re- are not going to send anybody back un- fighting. They deserve accountability sponsible end to the war in Iraq, based on a less they had a year at home. It is ab- from the Congress of the United States, strategy of phased withdrawal of troops, accel- solutely essential. and we are going to demand that from erated diplomacy and redeployment that is I talked to some of the wives at Fort this accountability bill. based on Iraqi stability and not arbitrary dead- Bragg. I got one story from the hos- Mr. UDALL of Colorado. Mr. Speaker, I will lines. pitals about how the service was there, vote for this Defense Supplemental con- The conference report fully funds our troops, they were able to get service anytime ference report. providing $4 billion more for the troops than

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00101 Fmt 7634 Sfmt 9920 E:\CR\FM\K25AP7.155 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4154 CONGRESSIONAL RECORD — HOUSE April 25, 2007 the president requested. It honors our vet- decision to take the nation to war has made $3 billion for Mine Resistant Ambush Pro- erans, providing $1.8 billion more for our vet- our country less safe. We need to change tected (MRAP) vehicles for troops in Iraq ($1.2 erans’ unmet health care needs, including ad- course and chart a path that enhances our na- billion above the President’s request); ditional funds for treatment of Post Traumatic tional security and sets the right priorities for $1.6 billion for body armor; Stress Disorder and Traumatic Brain Injury the war on terrorism and struggle against ex- $9.7 billion to train and equip Afghan and care and research. It strengthens our military, tremists. Iraqi security forces. providing $2 billion more to create a Strategic This conference report begins to chart this It also fully funds the BRAC accounts so Readiness Reserve and address the serious path, and I will support it. I hope the president communities like the Coastal Bend of Texas— readiness crisis our military is facing. will reconsider his stated intention of vetoing it. and others adversely affected by base closure It also protects our troops by limiting deploy- Mr. TOM DAVIS of Virginia. Mr. Speaker, I decisions—can plan appropriately for that ment schedules and setting minimum readi- rise today in opposition to the conference re- eventuality. ness standards—based on current Defense port to accompany H.R. 1591. So many Americans are coming home Department standards—for U.S. troops de- As I have said on previous occasions, Con- alive—yet traumatized in their minds or bod- ploying to the region. The president could gress has every right to limit the use of appro- ies—to an extent we have never seen before. waive these requirements but only by certi- priated funds. In this instance, I disagree with The scandalous treatment of heroes at Walter fying in writing to Congress that waiving them the manner in which my Democratic col- Reed—and the fact that it took a newspaper would be in the interest of national security. leagues have chosen to do so. story to change it—is testament to the gigantic The conference report also provides $52.5 The Iraqi government needs to understand challenges facing military and veterans’ health billion for military operations in Iraq and Af- our patience is not unlimited. Indeed, estab- care. ghanistan and provides $9.7 billion for the Af- lishing benchmarks could well have a useful The Supplemental includes funding for new ghan and Iraqi Security Forces to help them purpose in the effort to have the Iraqis take initiatives to enhance medical services for ac- assume greater responsibility for their nations’ more decisive steps towards autonomy. Mak- tive duty forces and mobilized personnel, and security. ing these benchmarks public and tying them to their family members (appropriating $2.1 bil- And the conference report includes $3.1 bil- a specific date by which we must begin to lion more than the President requested.) lion to fully fund the Pentagon’s FY07 request withdraw our troops, however, is a mistake. It These initiatives include: for the 2005 Base Realignment and Closure sends the wrong message to our troops, and $900 million for Traumatic Brain Injury care Commission’s recommendations, which is vi- it gives the enemy invaluable information. and research and PTSD treatment and re- tally important for Ft. Carson as it prepares to Along with many of my colleagues, I want search; expand and for other military installations in our troops to leave Iraq as quickly as possible. $20 million for facility improvement at Walter Colorado. Setting a public date by which this must hap- Reed. On the non-military side, the conference re- pen, however, will ultimately create more prob- The bill includes $1.8 billion over the Presi- port includes critically important funding for lems than it solves. dent’s request to address the health care farmers and ranchers in southeastern Colo- Mr. ORTIZ. Mr. Speaker, the way to support needs of veterans returning from Iraq and Af- rado who were recently hit hard by winter the troops is to give them what they need on ghanistan and the backlog in maintaining VA storms. Thousands of cattle were killed in the battlefield, and what they need when they health care facilities, including: storms worse than the October 1997 storm return home from their service to reset—or $30 million for at least one new Level I that killed approximately 30,000 cattle and rest and fix the force for future missions. polytrauma center; $9.4 million in operations costs for new cost farmers and ranchers an estimated $28 This government must be accountable to polytrauma residential transitional rehab pro- million. The struggles that family agriculture our troops and their families, the only people grams; producers and small counties face are signifi- actually carrying the burden for these wars $10 million for additional transition case- cant and are having a negative impact on the today . . . along with our children, for whom workers; livelihood of hundreds of farmers and ranchers we are leaving the cost. Today’s bill provides much needed money $10 million for blind rehab programs; and their communities. So I am pleased that for troops in Iraq and Afghanistan . . . policy $100 million for enhancements to mental the Colorado delegation was successful in that requires accountability from the Adminis- health services; persuading the conferees to include financial tration . . . and funding to heal the readiness $20 million for substance abuse treatment; assistance for farmers and ranchers, including of our troops. $8 million for polytrauma clinic support for those affected by Colorado’s recent bliz- It is not the best bill we could get, but you teams; zards. never have a perfect bill. $25 million for prosthetics; Mr. Speaker, many of us who voted against But the predicament we are in now de- $228.9 million in additional funds to treat authorizing the President to rush to war in Iraq mands we support this bill. veterans from both wars. were worried that while it would be easy to We have so many emergencies on our This bill is an excellent starting point for this eliminate the Saddam Hussein regime, the doorstep now . . . mostly because the last new Congress to begin the long overdue over- aftermath would be neither easy nor quick. Congress refused to see the negative impact sight of the defense department. We are far Sadly, our fears have proven to be justified. operations in Iraq had on our military readi- ahead of the past Congresses in giving our And now, as the Pentagon has finally admitted ness, leaving us vulnerable as a nation . . . troops the true support they need—with appro- in its most recent quarterly report, the situation and leaving important national business un- priate funding and acknowledgment of the in Iraq is ‘‘properly descriptive of a civil war.’’ done. strain and burden of Iraq. Insisting on keeping our troops in the middle Support for the troops is entirely about giv- While the ideal situation for Congress is for of that kind of internecine war is not a recipe ing them what they need to fight the battles the authorizing committee to determine policy, for victory; it is only a prescription for quag- we’ve committed them to fight . . . and this that’s coming very soon. I am grateful to mire. And as a new Foreign Relations Council legislation does just, with one eye on the fu- Chairman MURTHA for the extraordinary report notes, we bear responsibility for devel- ture . . . something previous Congresses lengths we’ve gone to in this bill to protect our opments within Iraq, but are increasingly with- failed to do. soldiers by certifying their readiness, pro- out the ability to shape those developments in I wish the Congress would have put more tecting the military readiness of the United a positive direction. energy into readiness oversight over the past States. We need to be scaling back our military 5 years to prevent the current situation . . . While this bill is not perfect, it is an extraor- mission in Iraq. We need to make the U.S. but all we can do today is go forward. dinary first step. military footprint lighter—not in order to hasten I ask my colleagues to join me in supporting As the Readiness Subcommittee Chair, let defeat or failure in Iraq, but to salvage a crit- our troops—and this funding for them. me offer the House some perspective on the ical measure of security and stability in a re- Today’s bill addresses many of these readi- current state of our readiness: gion of the world that we can ill afford to aban- ness concerns, with additions above the Presi- In the National Intelligence Estimate declas- don. dent’s request to support our troops, including: sified on Feb. 2, the U.S. intelligence services But as we do so, we must work to avoid a $2 billion more to address the current readi- note that—absent a remarkable reversal of collapse in the region—not only because we ness crisis of our stateside troops, including fortunes in Iraq—they find that ‘‘the overall se- have a moral obligation to the people of Iraq, ensuring that they are better equipped and curity situation will continue to deteriorate at but also because our national security has trained; rates comparable to the latter part of 2006.’’ been so badly compromised by the Bush ad- $1.1 billion more for military housing allow- Further, the NIE determines: ‘‘even if the vio- ministration’s failures there. The President’s ances; lence is diminished . . . Iraqi leaders will be

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00102 Fmt 7634 Sfmt 9920 E:\CR\FM\A25AP7.106 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4155 hard pressed to achieve sustained political Mr. STARK. Mr. Speaker, I must again The Conference Report provides an addi- reconciliation in the time frame of this esti- make the difficult decision to vote ‘‘present’’ on tional $683 million for the Federal Highway mate’’—which is 12–18 months. the U.S. Troop Readiness, Veterans’ Health, Administration’s (‘‘FHWA’’) Emergency Relief The NIE goes on to say that if the U.S. and Iraq Accountability Act. Program. Section 4952 of the Conference Re- were to leave Iraq, a greater, wider civil war I support the immediate withdrawal of Amer- port designates this appropriation as an emer- would erupt, saying: ‘‘the ISF [Iraqi Security ican troops from Iraq. gency requirement, for which no offset is re- Forces] would be unlikely to survive as a non- I can’t in good conscience vote to fund quired. sectarian national institution, and neighboring President Bush’s War in Iraq. This senseless Despite the fact that no offset is required, countries might intervene openly in the con- conflict has already taken the lives of more the Conference Report rescinds $683 million flict.’’ than 3300 American and tens of thousands of in unobligated balances of highway funds that Now, common sense tells me that will be Iraqis. It has undermined the United States’ have been apportioned to the States. This re- the case whenever we leave . . . today, ma- prestige in the world, led to the outbreak of a scission is highly gratuitous, as it is neither re- nana, this summer, next year . . . or 50 years Shiite-Sunni civil war, and cost us $379 billion. quired nor effective as an offset for the sup- from now. Whenever we leave Iraq, the un- Those funds—and the tens of billions of dol- plemental appropriation to the Emergency Re- classified intelligence estimate guides us on lars for the war in today’s legislation—would lief Program. what we can expect. Our choice is in how long be better spent on education, healthcare and Rather than offsetting the supplemental ap- we remain . . . and how many more brave other unmet domestic priorities. propriation for the Emergency Relief Program, and patriotic volunteers—who carry the battle Nor can I can vote, however, against a the $683 million rescission of highway contract for this Nation—are lost in Iraq. Democratic majority intent on taking America’s authority offsets other spending under the FY Today we have a chance to begin that Iraq policy in a new direction. I applaud 2007 discretionary budget authority cap. change—in the purest way we can support the Speaker PELOSI and the Democratic leader- A similar provision was included in the Sen- troops . . . men and women, and their fami- ship for working toward the withdrawal of ate-passed version of the bill. The Senate lies, who are alone in carrying the burden for American troops from Iraq. My Republican col- amendment provided an emergency supple- the Iraq war. leagues voting against today’s legislation are mental appropriation of $389 million for the The readiness of our next deployers—our doing a disservice to both our troops and our FHWA’s Emergency Relief Program, and re- ability to be prepared for current and future security by supporting an open-ended commit- scinded $389 million in highway contract au- threats—is diminished due to the war in Iraq. ment in Iraq. I cannot join their opposition to thority. We’ve worn out our force and their equipment, holding President Bush accountable. On April 23, 2007, I wrote to the conferees, My ‘‘present’’ vote is therefore an expres- and that has huge implications for our ability strongly objecting to this unnecessary rescis- sion of strong opposition to the war’s continu- to handle the threats to come. sion of highway contract authority, and urged ation for even one more day and strong sup- The GAO has looked at this . . . and come them to strike the rescission in conference. In- port for the Democratic Congress’ attempt to away saying the Army itself ‘‘cannot determine stead, the conferees increased both the ap- get an arrogant and stubborn President to the extent to which the existing inventory re- propriation and the rescission to $683 million. change course in Iraq. flects what the Army needs’’ . . . and GAO I urge the President to reconsider both his Madam Speaker, the rescission of highway notes that: ‘‘until these strategic and manage- threat to veto this bill and his insistence on contract authority is the exclusive jurisdiction ment challenges are addressed, the Army will keeping our troops in harm’s way. It is long of the Committee on Transportation and Infra- face uncertain risks should new conflicts past time for Bush to end a war he should structure. This rescission violates clause 2 of occur.’’ never have begun. Rule XXI of the Rules of the House. GAO also reports that all services ‘‘have Ms. WOOLSEY. Mr. Speaker, it is with great Programmatically, I am concerned because drawn heavily from their prepositioned stocks sadness that I rise today to oppose this Con- of the effect these types of rescissions have to support [the ongoing wars]’’ . . . and ference Report. Our ultimate goal should be to on the Federal-aid Highway Program and, ‘‘these sustained military operations are taking bring our troops home in the fastest and specifically, the ability to ensure that our na- a toll on the condition and readiness of military safest way possible. Unfortunately, this Con- tion’s transportation system provides modal equipment and the Army and Marine Corps ference Report does not achieve that goal. I choices. face a number of long-term challenges that will continue to work with my colleagues to In recent years, the Appropriations Commit- will affect the timing and cost of equipment re- provide for a fully-funded withdrawal and to tees have increasingly relied on highway con- pair and replacement.’’ bring our troops home for the holidays. tract authority rescissions to finance non-high- GAO concludes: ‘‘the Army’s decisions Let me make myself very clear. I will not way spending in appropriations acts. In addi- today have profound future implications for the stop, I will not rest and I will not back down tion, more than a dozen states have chosen to entire department and potentially affect our in my fight until every last American soldier is apply such rescissions disproportionately to ability to respond to a conflict.’’ home safely with their families. cut contract authority for the Congestion Miti- Last year, Congress established a Commis- Mr. BLUMENAUER. Mr. Speaker, by calling gation and Air Quality Improvement (CMAQ) sion on the National Guard and Reserves, for a withdrawal date from Iraq, today the program, the Bridge program, and transpor- which has also reported back to us. They tell House is making a compromise that marks an- tation enhancement funds. us point blank: ‘‘DoD’s failure to appropriately other stage in the unfortunate struggle with the I am particularly concerned with the treat- consider National Guard needs and funding President to end the war. Yet despite our hard ment of the CMAQ program under these types requirements has produced a National Guard work and the desire of the American people, of rescissions. The CMAQ program provides that is not fully ready to meet current and this bill faces a veto from a President who is funding for projects and programs that reduce emerging missions.’’ out of touch both with what the American peo- transportation-related emissions in areas that The Commission says more pointedly: ‘‘The ple and the Iraqi people want: winding down do not meet Clean Air Act air quality stand- lack of sufficient and ready equipment is a the presence of American troops who are ards (i.e., nonattainment and maintenance problem common to active and reserve com- stuck in the midst of a civil war. areas). ponents. This is not the precise legislation I would Although CMAQ funds represent only about In particular, the equipment readiness of the have written, but it is a fair compromise that 4–5 percent of highway apportionments each Army National Guard is unacceptable and has reflects the mindset of Americans who voted year, CMAQ funds have accounted for about reduced the capability of the U.S. to respond for a new direction in Iraq. The U.S. spends 20 percent of total highway funds rescinded in to current and additional major contingencies, $8 billion a month on the war, and Oregon has recent years. In FY 2006 states rescinded foreign and domestic.’’ already lost 54 brave men and women in Iraq. $881 million in CMAQ funds. Almost one of Army Chief of Staff Schoomaker told the I have opposed the war from the start, and every four dollars rescinded by the States in Commission: despite the readiness of troops this bill hastens the day when we bring the FY 2006 came from the CMAQ program. overseas, ‘‘88 percent of the forces that are tragedy of the Iraq War to a close. I urge sup- Comparing the treatment of CMAQ to other back here in the U.S. are very poorly port for it. highway programs further illustrates the dis- equipped today in the Army National Guard.’’ Mr. OBERSTAR. Mr. Speaker, I rise in proportionate cuts of these rescissions. In FY The Commission also noted that state gov- strong opposition to the rescission of $683 mil- 2006, rescissions as a percentage of the total ernors ‘‘have become increasingly concerned lion of highway contract authority that is in- amount made available for programs are: about whether their National Guard forces cluded in the Conference Report on H.R. CMAQ—55 percent. would be available to respond to emergencies 1591, the U.S. Troop Readiness, Veterans’ Interstate Maintenance—12 percent. here at home.’’ Health, and Iraq Accountability Act, 2007. National Highway System—7 percent.

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00103 Fmt 7634 Sfmt 9920 E:\CR\FM\A25AP7.109 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4156 CONGRESSIONAL RECORD — HOUSE April 25, 2007 The Transportation Enhancements program color, and provide an additional $4,400/year I believe that Congress is making a mistake has also received disproportionate contract for a family of three, equaling 15 months of with these attempts to substitute the judgment authority cuts under the rescissions. The groceries, or over two years of health care. It of military commanders in theater with the Transportation Enhancements program pro- is wrong to have millions of Americans work- micromanaging of politicians in Washington. vides funds for bike paths, pedestrian walk- ing full-time and still living in poverty, and at Furthermore, I do not believe that setting ar- ways, historic preservation, and other activities $5.15 an hour, a full-time minimum wage tificial timetables for withdrawal of our forces that expand transportation choices and en- worker makes $6,000 less than the poverty from Iraq is in the best interests of our country hance the transportation experience. level for a family of three. or our military. While there have been mis- In FY 2006, states rescinded $602 million in Americans overwhelmingly support increas- takes made in Iraq, I believe that enacting this Transportation Enhancements funds, 15 per- ing the Federal minimum wage. An Associated bill into law would have dangerous con- cent of all rescissions in that year. Texas Press poll conducted in January showed al- sequences for our Nation, Iraq, and the Middle alone rescinded $223 million of Transportation most 80% of those polled supported the $2.10 East. increase. In fact, the House of Representa- Enhancements funding and the Texas Depart- The Iraqi government continues to need our tives overwhelmingly supports increasing the ment of Transportation stated that it would not strong support as they rebuild their country, minimum wage, and passed H.R. 2 with 315 fund any transportation enhancement projects and this legislation would turn our backs on in that fiscal year. Texas’ actions, which are votes in favor. The President has also been supportive of the increase. I hope that com- that country in its time of need. facilitated by these contract authority rescis- Mr. CONYERS. Mr. Speaker, I rise today in sions, are directly contrary to our federal ef- bining the tax provisions of this bill with a Fed- eral minimum wage increase will encourage support of the conference report on H.R. forts to develop a balanced, multimodal sur- 1591, the Supporting Our Troops and Vet- face transportation system. the President’s quick action on signing these provisions into law without further delay. erans’ Health Care Act. During consideration of the FY 2004 Trans- This legislation will support our troops and portation-Treasury-HUD Appropriations bill, the The ‘‘Small Business and Work Opportunity Act of 2007’’ as included in the Conference veterans, hold the Bush Administration and Committee faced a similar effort to cut trans- Report to H.R. 1591 expands and extends the Iraqi government accountable and begin with- portation enhancements funding. The bill, as Work Opportunity Tax Credit (WOTC), which drawing our troops from Iraq by October 2007 reported by the Appropriations Committee, in- serves as an incentive to encourage employ- or sooner. It will also provide emergency fund- cluded a provision that would have prohibited ers to hire individuals from targeted groups ing for critical programs that have suffered funds from being used for the ten percent set which typically experience barriers to work. from years of neglect. aside for transportation enhancements under The WOTC provision in the Conference Re- This supplemental appropriations bill pro- the Surface Transportation Program. Sub- port offers additional incentives to hire dis- vides emergency funding for critical programs committee Chairman PETRI and I offered an abled veterans. The Conference Report also that have long been underfunded by the Re- amendment to strike the anti-enhancements extends and expands the increased expensing publicans. It includes $650 million to correct provision from the bill and the House over- amounts for small businesses, allowing them the funding shortfall in the State Children’s whelmingly passed the amendment by a re- to invest in new technology and equipment. Health Insurance program so that hundreds of corded vote of 327–90. This vote illustrates And as a complement to the minimum wage thousands of children will not lose their health the tremendous support that exists among increase, the tax provisions of the Conference care. It provides $6.9 billion for Gulf Coast Members of Congress for transportation en- Report allow restaurants to continue claiming hurricane relief and recovery. The bill also hancements, the type of program that is dis- the full tip credit despite any increase in the adds $400 million to LIHEAP (Low Income proportionately harmed by highway contract Federal minimum wage. Finally, the Con- Heating Assistance), as well as providing $1.8 authority rescissions such as the one included ference Report provides a permanent waiver billion to remedy the unconscionable state of in the Conference Report before us today. of the individual and corporate AMT limitations Therefore, for both policy and procedural our military and veterans’ health care systems. to ensure that small businesses are fully able All of these issues are emergencies in their reasons, I oppose the rescission of highway to claim the WOTC and the credit for Social contract authority as a means to offset non- own right and rise to the level of inclusion in Security taxes paid with respect to cash tips. this emergency supplemental spending bill. highway spending elsewhere in the budget. The Conference Report contains provisions Mr. Speaker, I believe that this House will The U.S. Troop Readiness, Veterans’ that continue the Federal government’s com- Health and Iraq Accountability Act requires the have an opportunity to reconsider this decision mitment to the still-recovering areas hit by in a future Supplemental Appropriations bill Iraqi government to meet the security, political Hurricane Katrina. It would extend the placed- and economic benchmarks established by the and I would like to make clear that, with the in-service date as applies to special credits urgent climate change issues that our nation President in his address of January 10th, in- designed to encourage development of low-in- cluding improvements in the performance of faces, I strongly oppose efforts to allow the come housing. The extension of this deadline continued raid of CMAQ and Enhancements the Iraqi security forces, a greater commitment helps accelerate the use of the credits by by the Iraqi government to national reconcili- funding. eliminating the reallocation process that other- Mr. RANGEL. Mr. Speaker, I extend my ation, and reductions in the levels of sectarian wise would be used. The Conference Report violence in Iraq. strong support ‘‘The Small Business and Work also modifies a tax-exempt bond financing In the bill, the President must determine that Opportunity Act of 2007’’ as included in the program to allow funds to be used to refinance substantial progress is being made on secu- Conference Report to H.R. 1591. I am glad existing mortgages on homes that were dam- rity, political, and reconstruction benchmarks that both chambers of Congress, in passing aged by the hurricanes in the area. this Conference Report, have spoken to the Finally, the tax provisions of the ‘‘Small by July 2007. If the President cannot certify fact that an increase in the Federal minimum Business and Work Opportunity Tax Act’’ as progress, redeployment must start by July with wage enjoys broad bipartisan, bicameral sup- included in the Conference Report to H.R. a goal of being completed within 180 days. If port, as does the approximately $5 billion in 1591 are fiscally responsible and fully offset in the President can certify progress by July small business tax relief also included in the a revenue-neutral package. Senate Finance 2007, redeployment must begin by October 1, agreement. Committee Chairman Baucus and I have with goal of completion within 180 days. Passage of the Conference Report is an im- asked the nonpartisan Joint Committee on The bill ensures that our troops have the portant step in achieving an important goal— Taxation to make available to the public a tools and resources they need to do the job ensuring an increase in the Federal minimum technical explanation of the bill. The technical they have been asked to do. It prohibits the wage for hardworking American taxpayers. explanation expresses the Committee’s under- deployment of troops who are not full trained, The minimum wage has not increased in more standing and legislative intent behind this im- equipped and protected according to current than nine years—the longest period in the his- portant legislation. It is available on the Joint Department of Defense standards. The Presi- tory of the law. During that time, Members of Committee’s website at www.house.gov/jct. dent can only deploy unprepared troops if he Congress have received a $31,600 pay raise. Mrs. JO ANN DAVIS of Virginia. Mr. Speak- certifies, in writing, to Congress, that deploying More astounding is the fact that an average er, due to medical reasons, I will be unable to those troops is in the national interest. He CEO earns more before lunchtime in one day vote on the conference report on H.R. 1591, must make similar certifications to lengthen than a minimum wage earner earns all year. the U.S. Troop Readiness, Veterans’ Care, troop deployments beyond DoD standards or Raising the minimum wage to from $5.15 to Katrina Recovery, and Iraq Accountability Ap- to send troops back into battle who have not $7.25 an hour over two years would benefit 13 propriations Act of 2007. However, if I had had enough time between deployments. The million Americans including 7.7 million women, been in Washington, D.C. for the vote, I would bill also provides funding so the Veterans Ad- 3.4 million parents, and 4.7 million people of have opposed this measure. ministration can meet the obligations of a new

VerDate Aug 31 2005 06:41 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00104 Fmt 7634 Sfmt 9920 E:\CR\FM\A25AP7.099 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4157 generation of veterans, particularly by ensur- war policy that has been tragically mis- Cummings Kagen Rangel Davis (AL) Kanjorski Reyes ing that they will have the medical care they managed by this administration for too long. Davis (CA) Kaptur Rodriguez need. We need a new direction to rebuild our military Davis (IL) Kennedy Ross I have been an outspoken opponent of mili- and refocus on the true threat to America from DeFazio Kildee Rothman tary action against Iraq since the day the ad- al Qaeda and the Islamist jihadists who at- DeGette Kilpatrick Roybal-Allard ministration started beating the war drums. My Delahunt Kind Ruppersberger tacked us on 9/11. We must deploy our mili- DeLauro Klein (FL) Rush preference would have been to vote for a tary might to eliminate Osama bin Laden and Dicks Langevin Ryan (OH) stronger bill with a binding date certain for the true ‘‘grave and gathering threat’’ to Amer- Dingell Lantos Salazar ending the war. I would have preferred not to ica. Doggett Larsen (WA) Sa´ nchez, Linda include waivers to allow the President to send Donnelly Larson (CT) T. We must pass this legislation to send a Doyle Levin less than fully equipped and rested troops into Sanchez, Loretta wake-up call to the President that ‘‘Stay The Edwards Lipinski Sarbanes battle. I have additional concerns about the Course’’ is no longer an option. Denial is no Ellison Loebsack Schakowsky Ellsworth Lofgren, Zoe section of the bill that allows an unspecified longer an acceptable policy. I urge my col- Schiff number of U.S. troops to remain in Iraq after Emanuel Lowey Schwartz leagues to support a new direction and vote Engel Lynch Scott (GA) the March 2008 deadline to train Iraqis and Eshoo Mahoney (FL) for the conference report. Scott (VA) Etheridge Maloney (NY) fight terrorism. Serrano Should the President veto this bill, as he Farr Markey However, I support this legislation in spite of Sestak has indicated, I believe he should then meet Fattah Matsui Shea-Porter these deficiencies because I believe it is an Filner McCarthy (NY) with Congressional Leadership to work to- Sherman affirmative step towards our ultimate goal of Frank (MA) McCollum (MN) gether and forge a consensus on these vitally Shuler Giffords McDermott ending the war. This bill is not everything that Sires important matters. Gilchrest McGovern I would have liked, but it represents a critical Skelton Mrs. CAPPS. Mr. Speaker, I rise to support Gillibrand McIntyre turning point. No longer will this body Slaughter the conference report on the U.S. Troop Gonzalez McNerney uncritically hand over billions of dollars for the Gordon Meehan Smith (WA) Readiness, Veterans’ Health and Iraq Ac- Green, Al Meek (FL) Snyder President to wage an endless war. Congress Solis has a Constitutional responsibility to provide countability Act. Green, Gene Meeks (NY) Grijalva Melancon Space accountability—a responsibility that was For more than 3 years, when the President Spratt came to Congress to ask for funding for Iraq, Gutierrez Miller (NC) shirked for the first 6 years of the Bush presi- Hall (NY) Miller, George Stupak dency while Republicans controlled Congress. the Republican leadership’s only question Hare Mitchell Sutton was, ‘‘How much?’’ Harman Mollohan Tanner Today, we have followed through on that crit- Tauscher When the President wanted to extend the Hastings (FL) Moore (KS) ical duty. We will send a bill to the President Herseth Sandlin Moore (WI) Thompson (CA) that would definitively change our course in tours of duty for troops already deployed and Higgins Moran (VA) Thompson (MS) Iraq. Mr. Bush should make the right decision imposed stop-loss orders, the Republican Hill Murphy (CT) Tierney leadership’s only question was, ‘‘How soon?’’ Hinchey Murphy, Patrick Towns and support our plan for change that is over- Hinojosa Murtha Udall (CO) whelmingly endorsed by the American people. And when the President decided to send Hirono Nadler Udall (NM) If he follows through on his veto threat, he will more troops to Iraq in one of the failed surges, Hodes Napolitano Van Hollen ´ be the one who has failed to provide our the Republicans only asked, ‘‘How many?’’ Holden Neal (MA) Velazquez Madam Speaker, today we end the era of Holt Oberstar Visclosky troops and our veterans with the resources Honda Obey Walz (MN) they need. He will be the one who has re- Congressional fealty to the President’s failed Hooley Olver Wasserman jected his own benchmarks to measure suc- policies in Iraq. Hoyer Ortiz Schultz Today we stop writing blank checks for this Inslee Pallone Watson cess in Iraq. He will be the one responsible for Israel Pascrell Watt the ongoing loss of American life in Iraq. war. Jackson (IL) Pastor Waxman The President and most Congressional Re- We vote today for a new direction in Iraq. Jackson-Lee Payne Weiner publicans ask that we continue to fund this My constituents know that we can’t win this (TX) Pelosi Welch (VT) war with ‘‘no strings attached.’’ But the United Jefferson Perlmutter Wexler war militarily. They know that it’s time to start Johnson (GA) Peterson (MN) Wilson (OH) States cannot afford an open-ended commit- bringing our troops home. Johnson, E. B. Pomeroy Wu ment to a war without end. It is the responsi- It’s time for the President to stop the rhet- Jones (NC) Price (NC) Wynn bility of this Congress to devise a means to oric and work with us to end this war. Jones (OH) Rahall Yarmuth end the U.S. combat role in Iraq so that we Support the troops. Bring them home. NAYS—208 can reclaim our position of leadership in the The SPEAKER pro tempore. Without world and direct our resources back towards Aderholt Chabot Goodlatte objection, the previous question is or- Akin Coble Granger urgent needs here at home. I believe that this dered on the conference report. Alexander Cole (OK) Graves bill moves us towards these goals in an effec- There was no objection. Bachmann Conaway Hall (TX) tive and responsible way. The SPEAKER pro tempore. The Bachus Crenshaw Hastert Mr. ETHERIDGE. Mr. Speaker, I rise in sup- Baker Culberson Hastings (WA) question is on the conference report. Barrett (SC) Davis (KY) Hayes port of this important legislation. This supple- Pursuant to clause 10 of rule XX, the Barrow Davis, David Heller mental appropriations conference report con- yeas and nays are ordered. Bartlett (MD) Davis, Lincoln Hensarling tains vitally important funding for critical prior- Barton (TX) Davis, Tom Herger Pursuant to clause 8 of rule XX, this Biggert Deal (GA) Hobson ities and unmet needs. For example, this bill 15-minute vote on the conference re- Bilbray Dent Hoekstra includes $1.7 billion more than the President port on H.R. 1591 will be followed by a Bilirakis Diaz-Balart, L. Hulshof requested for military health care, including 5-minute vote on H. Res. 320. Bishop (UT) Diaz-Balart, M. Hunter funds to correct the scandalous conditions at Blackburn Doolittle Inglis (SC) The vote was taken by electronic de- Blunt Drake Issa Walter Reed and other military hospitals. It in- vice, and there were—yeas 218, nays Boehner Dreier Jindal cludes another $1.7 billion for veterans’ health 208, answered ‘‘present’’ 2, not voting 5, Bonner Duncan Johnson (IL) Bono Ehlers Johnson, Sam care, $2.5 billion for improving the readiness as follows: of our stateside troops and $1.4 billion for mili- Boozman English (PA) Jordan [Roll No. 265] Boren Everett Keller tary housing allowances. A nation at war sim- Boustany Fallin King (IA) YEAS—218 ply must provide necessary funds to support Brady (TX) Feeney King (NY) our troops. Abercrombie Bishop (NY) Carson Brown (SC) Ferguson Kingston In addition, this legislation includes $3.1 bil- Ackerman Blumenauer Castor Brown-Waite, Flake Kirk Allen Boswell Chandler Ginny Forbes Kline (MN) lion for military construction to implement the Altmire Boucher Clarke Buchanan Fortenberry Knollenberg BRAC mandates that impact Fort Bragg in my Andrews Boyd (FL) Clay Burgess Fossella Kucinich Congressional District and military commu- Arcuri Boyda (KS) Cleaver Burton (IN) Foxx Kuhl (NY) Baca Brady (PA) Clyburn Buyer Franks (AZ) LaHood nities all across the country. It is important to Baird Braley (IA) Cohen Calvert Frelinghuysen Lamborn note that the former Republican Congressional Baldwin Brown, Corrine Conyers Camp (MI) Gallegly Latham Majority failed to pass the military construction Bean Butterfield Cooper Campbell (CA) Garrett (NJ) LaTourette appropriations and imperiled these priority Becerra Capps Costello Cannon Gerlach Lee Berkley Capuano Courtney Cantor Gillmor Lewis (CA) projects. This legislation corrects that failure. Berman Cardoza Cramer Capito Gingrey Lewis (GA) Mr. Speaker, this legislation will assert some Berry Carnahan Crowley Carter Gohmert Lewis (KY) measure of oversight and accountability to a Bishop (GA) Carney Cuellar Castle Goode Linder

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00105 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.102 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4158 CONGRESSIONAL RECORD — HOUSE April 25, 2007 LoBiondo Peterson (PA) Shuster Berman Eshoo Latham Reyes Shays Turner Lucas Petri Simpson Berry Etheridge LaTourette Reynolds Shea-Porter Udall (CO) Lungren, Daniel Pickering Smith (NE) Biggert Everett Lee Rodriguez Sherman Udall (NM) E. Pitts Smith (NJ) Bilbray Fallin Levin Rogers (AL) Shimkus Upton Mack Platts Smith (TX) Bilirakis Farr Lewis (CA) Rogers (KY) Shuler Van Hollen Manzullo Poe Souder Bishop (GA) Fattah Lewis (GA) Rogers (MI) Shuster Vela´ zquez Marchant Porter Stearns Bishop (NY) Ferguson Lewis (KY) Rohrabacher Simpson Visclosky Marshall Price (GA) Sullivan Bishop (UT) Filner Lipinski Ros-Lehtinen Sires Walberg Matheson Pryce (OH) Roskam Skelton Tancredo Blackburn Flake LoBiondo Walden (OR) McCarthy (CA) Putnam Ross Slaughter Taylor Blumenauer Forbes Loebsack Walsh (NY) McCaul (TX) Radanovich Blunt Fortenberry Lofgren, Zoe Rothman Smith (NE) Terry Walz (MN) McCotter Ramstad Boehner Fossella Lowey Roybal-Allard Smith (NJ) Thornberry Wamp McCrery Regula Bonner Foxx Lucas Royce Smith (TX) Tiahrt Wasserman McHenry Rehberg Bono Frank (MA) Lungren, Daniel Ruppersberger Smith (WA) Tiberi Schultz McHugh Reichert Boozman Franks (AZ) E. Rush Snyder McKeon Renzi Turner Boren Frelinghuysen Lynch Ryan (OH) Solis Watson McMorris Reynolds Upton Boswell Gallegly Mack Ryan (WI) Souder Watt Rodgers Rogers (AL) Walberg Boucher Garrett (NJ) Mahoney (FL) Salazar Space Waxman McNulty Rogers (KY) Walden (OR) Boustany Gerlach Maloney (NY) Sali Spratt Weiner Mica Rogers (MI) Walsh (NY) Boyd (FL) Giffords Manzullo Sa´ nchez, Linda Stearns Welch (VT) Michaud Rohrabacher Wamp Boyda (KS) Gilchrest Marchant T. Stupak Weller Miller (FL) Ros-Lehtinen Waters Brady (PA) Gillibrand Markey Sanchez, Loretta Sullivan Wexler Miller (MI) Roskam Weldon (FL) Brady (TX) Gillmor Marshall Sarbanes Sutton Whitfield Miller, Gary Royce Weller Braley (IA) Gingrey Matheson Saxton Tancredo Wicker Moran (KS) Ryan (WI) Whitfield Brown (SC) Gonzalez Matsui Schakowsky Tanner Wilson (NM) Murphy, Tim Sali Wicker Brown, Corrine Goode McCarthy (CA) Schiff Tauscher Wilson (OH) Musgrave Saxton Schmidt Wilson (NM) Brown-Waite, Goodlatte McCarthy (NY) Taylor Wilson (SC) Myrick Schmidt Schwartz Terry Wilson (SC) Ginny Gordon McCaul (TX) Wolf Neugebauer Sensenbrenner Scott (GA) Thompson (CA) Wolf Buchanan Granger McCollum (MN) Woolsey Nunes Sessions Scott (VA) Thompson (MS) Woolsey Burgess Graves McCotter Wu Paul Shadegg Burton (IN) Green, Al McDermott Sensenbrenner Thornberry Pearce Shays Young (AK) Serrano Tiahrt Wynn Butterfield Green, Gene McGovern Pence Shimkus Young (FL) Sessions Tiberi Yarmuth Buyer Grijalva McHenry Sestak Tierney Young (AK) Calvert Gutierrez McHugh ANSWERED ‘‘PRESENT’’—2 Shadegg Towns Young (FL) Camp (MI) Hall (NY) McIntyre Emerson Stark Campbell (CA) Hall (TX) McMorris NOT VOTING—17 NOT VOTING—5 Cannon Hare Rodgers Cantor Harman McNerney Baker Gohmert Radanovich Costa Davis, Jo Ann Westmoreland Capito Hastert McNulty Cramer Hunter Stark Cubin Lampson Capps Hastings (FL) Meehan Cubin Lampson Waters Capuano Hastings (WA) Meek (FL) Culberson Linder Weldon (FL) Davis, Jo Ann McCrery b 2127 Cardoza Hayes Meeks (NY) Westmoreland Feeney McKeon Mr. YOUNG of Alaska and Mr. PAUL Carnahan Heller Melancon Carney Hensarling Mica b 2135 changed their vote from ‘‘yea’’ to Carson Herger Michaud ‘‘nay.’’ Carter Herseth Sandlin Miller (FL) So (two-thirds being in the affirma- So the conference report was agreed Castle Higgins Miller (MI) tive) the rules were suspended and the to. Castor Hill Miller (NC) Chabot Hinchey Miller, Gary resolution was agreed to. The result of the vote was announced Chandler Hinojosa Miller, George The result of the vote was announced as above recorded. Clarke Hirono Mitchell as above recorded. A motion to reconsider was laid on Clay Hobson Mollohan A motion to reconsider was laid on Cleaver Hodes Moore (KS) the table. Clyburn Hoekstra Moore (WI) the table. Stated for: Coble Holden Moran (KS) f Mr. COSTA. Mr. Speaker, on rollcall No. Cohen Holt Moran (VA) Cole (OK) Honda Murphy (CT) CONGRATULATING THE 265, had I been present, I would have voted Conaway Hooley Murphy, Patrick ‘‘yea.’’ Conyers Hoyer Murphy, Tim FAIRBANKS COMPANY Cooper Hulshof Murtha (Mr. GINGREY asked and was given f Costa Inglis (SC) Musgrave Costello Inslee Myrick permission to address the House for 1 CONGRATULATING UNIVERSITY OF Courtney Israel Nadler minute and to revise and extend his re- TENNESSEE WOMEN’S BASKET- Crenshaw Issa Napolitano marks.) BALL TEAM FOR WINNING 2007 Crowley Jackson (IL) Neal (MA) Mr. GINGREY. Mr. Speaker, I rise NCAA DIVISION I WOMEN’S BAS- Cuellar Jackson-Lee Neugebauer Cummings (TX) Nunes today to congratulate the Fairbanks KETBALL TOURNAMENT Davis (AL) Jefferson Oberstar Company in Rome, Georgia, which is The SPEAKER. The unfinished busi- Davis (CA) Jindal Obey celebrating their 120th year of manu- Davis (IL) Johnson (GA) Olver ness is the vote on the motion to sus- Davis (KY) Johnson (IL) Ortiz facturing this year. In fact, the Fair- pend the rules and agree to the resolu- Davis, David Johnson, E. B. Pallone banks Company is the oldest surviving tion, H. Res. 320, on which the yeas and Davis, Lincoln Johnson, Sam Pascrell manufacturer in Floyd County, dating Davis, Tom Jones (NC) Pastor nays were ordered. Deal (GA) Jones (OH) Paul back to the plant’s establishment in The Clerk read the title of the resolu- DeFazio Jordan Payne 1987. tion. DeGette Kagen Pearce Well, much has changed over the past The SPEAKER. The question is on Delahunt Kanjorski Pence century. The company has seen its DeLauro Kaptur Perlmutter the motion offered by the gentlewoman Dent Keller Peterson (MN) original product line of wagon and rail- from New York (Ms. CLARKE) that the Diaz-Balart, L. Kennedy Peterson (PA) road track scales give way to the cur- House suspend the rules and agree to Diaz-Balart, M. Kildee Petri rent line of hand-trucks, wheels, dollies Dicks Kilpatrick Pickering the resolution, H. Res. 320. Dingell Kind Pitts and platform trucks. In fact, the com- This will be a 5-minute vote. Doggett King (IA) Platts pany was responsible for all of the The vote was taken by electronic de- Donnelly King (NY) Poe trucks that serviced the British steam- vice, and there were—yeas 415, nays 0, Doolittle Kingston Pomeroy ship Queen Mary and S.S. United States. Doyle Kirk Porter not voting 17, as follows: Drake Klein (FL) Price (GA) But one thing has not changed over [Roll No. 266] Dreier Kline (MN) Price (NC) the past 120 years, Mr. Speaker, and Duncan Knollenberg Pryce (OH) that is the company’s commitment to YEAS—415 Edwards Kucinich Putnam Abercrombie Andrews Barrett (SC) Ehlers Kuhl (NY) Rahall quality and community. Indeed, the Ackerman Arcuri Barrow Ellison LaHood Ramstad Fairbanks Company is a critical indus- Aderholt Baca Bartlett (MD) Ellsworth Lamborn Rangel try in the Rome community, and the Akin Bachmann Barton (TX) Emanuel Langevin Regula company’s leaders and workers take Alexander Bachus Bean Emerson Lantos Rehberg Allen Baird Becerra Engel Larsen (WA) Reichert exceptional pride in their product and Altmire Baldwin Berkley English (PA) Larson (CT) Renzi their work.

VerDate Aug 31 2005 06:41 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.091 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4159 Mr. Speaker, I ask that you join me Unfortunately, the President views the RECORD to note that I would have in congratulating Fairbanks Company the situation quite differently. Rather voted ‘‘aye’’ on rollcall No. 265. on 120 years of industry in the Floyd than attempting to reach compromise, f County community. he has threatened to use his veto b 2145 f power. In doing so, he will be rejecting the benchmarks for Iraq that he him- The SPEAKER pro tempore. Under a SPECIAL ORDERS self has repeatedly stated must be previous order of the House, the gen- The SPEAKER pro tempore (Mr. LIN- reached to resolve this crisis. The tleman from Texas (Mr. POE) is recog- COLN DAVIS of Tennessee). Under the President will also be vetoing so much nized for 5 minutes. Speaker’s announced policy of January more. (Mr. POE addressed the House. His 18, 2007, and under a previous order of The supplemental provides troops remarks will appear hereafter in the the House, the following Members will with three things they need to be suc- Extensions of Remarks.) be recognized for 5 minutes each. cessful: Training, equipment and rest. f f Further, as a member of the House INTERVENTIONIST FOREIGN Armed Services Committee, I am par- IRAQ WAR SUPPLEMENTAL POLICY ticularly proud that $3 billion is pro- The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a vided for the purchase of mine resist- previous order of the House, the gen- previous order of the House, the gen- ant, ambush protected vehicles. tleman from Tennessee (Mr. DUNCAN) is tleman from Maryland (Mr. CUMMINGS) The President should take note that is recognized for 5 minutes. recognized for 5 minutes. he will be vetoing accountability re- Mr. DUNCAN. Mr. Speaker, no coun- Mr. CUMMINGS. Mr. Speaker, I quirements in the area of homeland se- try has ever done as much for another would like to begin by thanking Speak- curity. To that end, the supplemental country as the United States has done er PELOSI and Chairman OBEY for makes important changes to the Coast for Iraq. We have spent hundreds of bil- bringing the conference report for the Guard’s $24 billion, 25-year Deepwater lions rebuilding their infrastructure, Iraq supplemental to the floor. You contract to prevent the development of providing police protection, building have shown tremendous leadership in assets that simply do not work. hospitals and clinics, schools, and the face of great opposition and criti- Further, the supplemental will re- water and power plants, giving free cism. quire the Coast Guard to identify both medical care, hiring hundreds of thou- To my colleagues who joined me in the staffing structure it needs to man- sands of Iraqis and on and on. All of passing this legislation, we have dem- age Deepwater, and the training that this in a country that had a total GDP onstrated to our constituents that we acquisitions oversight staff will require of only $65 billion the year before the are listening to their mandate. to be effective. war was started. Five weeks ago, we commemorated Having chaired two oversight hear- In spite of all this generosity, a huge the fourth year of the U.S. invasion of ings involving Deepwater, and having majority of Iraqis, 78 to 80 percent by Iraq. Today, we move with urgency to worked with Chairman OBERSTAR, almost every poll, wants us to leave. end 4 years of bloodshed that has re- chairman of the full committee, to They want our money, of course, but sulted in the death of 3,300 men and conduct an investigative hearing into not our presence, except those who are women in uniform deployed in Iraq, 59 Deepwater, I know that the significant working for us. But there needs to be of those being sons and daughters of problems that have been experienced some limit to our generosity. the great State of Maryland. with this contract have arisen at least We need to start putting our own While I opposed the war from the in part due to the decision of the Coast people first. If we do not, we are soon very beginning, I believe we have a Guard to move forward with the pro- not going to be able to pay all the So- duty to redeploy in a responsible man- gram before they had the staff, exper- cial Security and military pensions, ner that protects the Iraqi people and tise, and management systems in place and all the other things we have prom- our troops. to ensure effective oversight. ised our own people with money that Additionally, we have a responsi- Finally, I strongly support these pro- will buy very much. bility to our courageous men and visions and look forward to building on Governments all over the world have women in uniform, their families, and them in the Coast Guard reauthoriza- gotten in this situation. They then start printing more money, and people the American people by putting an end tion which we are drafting. If this sup- do not realize what is going on. All to their incredible sacrifices. plemental is not signed and if we fail to they see is each year their pensions Despite the rhetoric, the President’s override the veto, we will start from plan is simply not working. According buy less than the year before. scratch, forcing us back to the drawing Today we have a national debt ap- to a Washington Post report dated board. However, I will not give up or April 4, 2007, the number of Iraqi po- proaching $9 trillion. Even worse, ac- give in. It is time to bring our troops cording to the GAO, we have unfunded licemen killed across Iraq nearly dou- home future pension liabilities of $50 trillion. bled from 171 in February to 331 in f We all love and respect our military, March. PERSONAL EXPLANATION but there is waste in any gigantic bu- Meanwhile, the numbers of unidenti- reaucracy, and there is huge waste fied bodies found across Baghdad are Mr. COSTA. Mr. Speaker, I ask unan- even in the military. A year and a half rising again, suggesting an increase in imous consent to address the House re- ago, it was reported by the Defense De- sectarian-motivated death squad garding rollcall No. 265. partment’s own inspector general that killings. Surely, this is not a sign of us Mr. PRICE of Georgia. Mr. Speaker, $35 billion had been misspent in Iraq winning the war in Iraq; but instead, it reserving the right to object. due to waste, fraud and abuse, and an- is a sign of how the conflict is swiftly Mr. COSTA. Mr. Speaker, I simply other $9 billion had simply been lost tumbling into a civil war that is on the want to note for the RECORD that I had and could not be accounted for at all. edge of becoming a battle beyond our voted previously for the supplemental Not only has the U.S. done more for control. measure, and that if I had been here at Iraq, we do more for every other coun- As Members of Congress, it is our the time, I would have voted ‘‘aye’’ on try, by far, than does any other Nation. duty to bring President Bush back to rollcall No. 265. It is consistent with Almost every Federal department and reality. Progress in Iraq will not be my previous vote on this measure. agency has operations around the measured in military terms. The pri- While this measure is imperfect, I world. mary solution to many of the crises in think on balance it provides the bench- Liberals will tell you that our foreign Iraq are simply political, in that ob- marks the President has recommended. aid is only a little over 1 percent of our taining bilateral assistance from Iraq’s It also provides disaster relief that I budget. This is very misleading. We are neighbors, the international commu- think is necessary for many areas of spending megabillions in other coun- nity and the Iraqis themselves, is a the country that have experienced dis- tries when you add up not only the De- vital step to resolving many of the aster that the President has so des- fense Department but all the other de- present conflicts. ignated in his own message, and I want partments’ spending, too.

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.161 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4160 CONGRESSIONAL RECORD — HOUSE April 25, 2007 We all love and appreciate our coun- ‘‘Who will guard us from the guard- emerge from his reality-proof bunker try, but all of this spending is not help- ians is the perennial dilemma. When just long enough to veto the bill. He ing. There is more resentment than the crisis has passed there will be new will make a speech and what will he ever toward the U.S. because of our government agencies and bureaus with say? My way or no way. interventionist foreign policies. new government employees who will The stroke of the President’s veto President Bush campaigned in 2000, look around for new justifications and pen will be like a knife cutting away saying that we needed a more humble rationales to keep their jobs and ex- any hope of reason or sanity for ending foreign policy, and that we should not pand their budgets. They will have this bloody, God-awful war. be doing nation-building. Interven- powers to intrude into our lives that The President has retreated to a tionist foreign policies and nation- they will want to use in ways not origi- bunker where he cannot hear the building are not only causing resent- nally intended. And even more of our American people, the Iraqi people, our ment toward us, but we simply cannot freedoms will then be at risk.’’ soldiers, military experts and world afford them if we are going to pay our f leaders who keep telling him that the Social Security and other promises a Iraq War will never end until we end it few years from now. You can still love IT IS TIME FOR THE PRESIDENT by withdrawing our soldiers and de- this country and be a very patriotic TO STOP TALKING AND START manding diplomacy. American and oppose interventionist LISTENING The American people want their gov- foreign policies. The SPEAKER pro tempore. Under a ernment to listen. The American peo- We cannot afford perpetual war just previous order of the House, the gen- ple want this President to stop order- because defense contractors and people tleman from Washington (Mr. ing soldiers into the crossfire of civil at the top levels of the Pentagon al- MCDERMOTT) is recognized for 5 min- war. The American people want our ways want more and more money. All utes. soldiers home and out of harm’s way. of this is stated more articulately by Mr. MCDERMOTT. Mr. Speaker, the I voted for this Iraq bill today, know- two conservative writers, Jacob bill we just passed has the weight of a ing it will never become law. But I Hornberger, president of the Future of feather. It is very weak on setting a voted for the Iraq bill today because Freedom Foundation, and Richard date to get our soldiers out of Iraq. If the weight of a feather can sometimes Ebeling of the Foundation for Eco- anything, this legislation bends in the support the resolve of a Nation. nomic Education. wind as a sign of flexibility by the This piece of legislation is the small- Mr. Hornberger wrote: ‘‘If Americans Democratic Congress to work with the est step down the right road, the only come to realize that the Federal Gov- President. road available to leaders who can ernment’s philosophy on foreign aid, And yet a piece of legislation so in- truthfully assess the reality on the foreign intervention and empire lies at herently weak has provoked so many ground in Iraq and respond with rea- the heart of foreign anger, resentment, attacks from the White House that its son. and hatred for America, then they will real value may be proving to the Amer- Some will say we are sending a mes- see that another option is available to ican people that the President is out of sage with this bill, but I think dif- them: End the motivation for ter- touch and out of control. ferently. rorism by putting an end to the U.S. The President’s military escalation I believe the President will be send- Government’s role as international has only escalated the body count, but ing a message to the American people welfare provider, intervenor, and med- he claims we are making progress. Mr. when he vetoes this bill, a bill so flexi- dler. Speaker, tell the President we are not ble that it could barely stand on its ‘‘The interventionist and imperial vi- making progress. We are making wid- own. The President’s veto message will sion will inevitably lead to more ter- ows and widowers. The bloody awful be that he refuses to listen, refuses to rorism against Americans, less freedom war must end now, but the President is change, refuses to work with Congress for the American people, and more in total denial. and rejects the will of the American power for the Federal Government. It How many more must die before this people. is a vision that will inevitably lead us President opens his eyes to reality? We The President said America will still away from the principles on which our are not seeding democracy. We are be at war in Iraq when he leaves office Nation was founded.’’ spilling blood into the soil, and what is in January 2009. That ought to be He continued, ‘‘The contrary vision, growing is hatred for America, con- America’s worst fear. And the only way a vision based on liberty, free markets tempt for the President’s military oc- to overcome it is for the American peo- and limited government, is the key to cupation and the killing and maiming ple to demand that the Republicans peace, prosperity and harmony for the of America’s next generation. vote with the Democrats to overturn American people. That vision entails What will the President say to the any Presidential veto that perpetuates ending the U.S. Government’s inter- 82nd Airborne when his rationale for the war any longer. And if Republicans ventionist and imperial role in the continuing this war is irrational? This will not do it, then elect someone who world and limiting it to protecting our heroic, distinguished unit of American will. Nation from attack or invasion.’’ soldiers has suffered its worst single The American people have spoken in Mr. Ebeling wrote: ‘‘Two wrongs do day of casualties since the Vietnam November and they have said, get out not make a right. That America does War. of Iraq. It is time for the President to things abroad it should not is not an Mr. Speaker, what will the President stop talking and start listening. Bring excuse or rationale for what happened say; we are winning? There will be bad our soldiers home and leave Iraq to the on September 11. But the United States days in Iraq? We are making progress? Iraqis. will continue to create desperate and Mr. Speaker, tell the President we are f fanatical men who will view it as the not making progress. We are digging enemy for as long as it interferes into graves to bury mothers and fathers and THE FUTURE OF OUR COUNTRY the affairs of other people in other na- sons and daughters, all patriotic Amer- The SPEAKER pro tempore. Under a tions. That means there is no end to icans, all of them sacrificed needlessly. previous order of the House, the gen- this ’war on terrorism’ as long as the They marched off to war, and tens of tleman from Indiana (Mr. BURTON) is United States follows the foreign pol- thousands of Americans are coming recognized for 5 minutes. icy’’ of recent years. ‘‘Ending U.S. for- home in coffins and on stretchers. The Mr. BURTON of Indiana. Mr. Speak- eign political and military interven- American people have had enough of er, I am really distressed after listen- tionism is the only way to reduce the this bloody, worthless war, but the ing to all the debate today. I have not creation of enemies of America in ways of Washington are not as wise and seen this House split like this in the 25 other lands.’’ as pragmatic as the will of the Amer- years that I have been here, and I am He continues, ‘‘Ending the policy of ican people. really concerned not only about the fu- foreign internventionism is also cru- Today, we passed a weak-kneed piece ture of Iraq and our troops over there, cial to protecting our freedoms at of legislation that this President will but I am concerned about the future of home. cut off at the knees. The President will this country.

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.163 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4161 After 9/11, we were told by the Presi- I am really worried, and I hope my safeguard peacekeepers and the refu- dent that this was going to be a long, colleagues will think long and hard gees they protect. The Bush adminis- arduous war against al Qaeda and that about not only today or yesterday, but tration has suspended its pending sanc- we had to go after terrorists around the the future. If we don’t deal with this tions against Sudan at the request of world, wherever they are. Al Qaeda has problem correctly now, if we don’t let the U.N. to give these negotiations attacked the USS Cole, as has been al Qaeda know that they can’t win, time to work. mentioned. It has attacked our embas- then I believe the problems down the I hope that these negotiations will be sies in Africa. It has attacked our resi- road are going to be much more severe, successful, and that the peacekeepers dences in Saudi Arabia. It has attacked and thousands, maybe hundreds of can be effective in ensuring that there in Britain. It has attacked in France. thousands, and maybe millions of peo- is no further loss of life and that inter- It has attacked in Spain. They are not ple will die as a result of the wrong de- national aid can get to those who most going to go away. cision we are making right now. desperately need it. Humanitarian ac- Al Qaeda, according to General f cess to refugees is decreasing, due to Petraeus today, he mentioned them the administrative foot dragging by about five or six times, is one of the b 2200 the Sudanese government. Humani- major adversaries that we face today. The SPEAKER pro tempore. Under a tarian groups are under increasing In fact, the new military leader, or war previous order of the House, the gentle- pressure due to restrictions placed on leader, this is the successor to al- woman from New York (Mrs. MCCAR- them by the Sudanese government, as Zarqawi, who was killed in 2006, a THY) is recognized for 5 minutes. well as the deteriorating security situ- member of al Qaeda, is al-Muhajer, an (Mrs. MCCARTHY of New York ad- ation. al Qaeda leader who is now the head of dressed the House. Her remarks will We must ensure access for humani- the military wing of al Qaeda and the appear hereafter in the Extensions of tarian workers and continue provide to terrorist movement in Iraq. They have Remarks.) funding and support that they need to stated that they want to create an Is- f perform their lifesaving mission. The conference version of the appropriation lamic state and they are hell-bent to THE SITUATION IN SUDAN, IN bill approved by the House just a few do it. SUPPORT OF H. CON. RES. 7 Al Qaeda, they are the ones that at- minutes ago included over $360 million tacked the World Trade Center and The SPEAKER pro tempore. Under a in peacekeeping and disaster assistance killed 3,000 Americans. They are the previous order of the House, the gen- for the victims of this crisis. That in- ones that flew the plane into the Pen- tleman from Maryland (Mr. WYNN) is cludes $44 million in international dis- tagon. They are the ones that attacked recognized for 5 minutes. aster and famine assistance funding for the plane and it flew into the ground in Mr. WYNN. Mr. Speaker, I rise today immediate lifesaving needs of victims Pennsylvania, al Qaeda. to address the growing crisis in the of the Darfur crisis, including health And they are the ones that appar- Sudan. Today, earlier today, the House care, access to water, sanitation and ently, according to the majority, are passed House Concurrent Resolution 7, shelter, $150 million for additional food going to drive us out of Iraq, and if an important piece of legislation that assistance in Sudan and eastern Chad. they do, my concern is that that will calls on the League of Arab States to Most of the humanitarian groups now be a breeding ground and a launching acknowledge the genocide in Darfur, to operating in Sudan are doing so sup- pad for terrorism not only in the Mid- support the U.N. peacekeepers and to ported by the U.S. Government, with dle East but around the world. I really work with the U.N. and the African money provided by U.S. taxpayers. We have a concern about that, and if that Union to bring peace to the region. I must work in cooperation with the happens, I think that what will happen am proud to have been a cosponsor of United Nations and with our friends is we will be involved in a much, much this important legislation, and I thank and allies around the world to stop bigger war down the road. the House leadership for its attention these horrific crimes and to provide a We may be, if we pull out of Iraq, and to this crisis. essential aid to the victims of this con- I have no doubt that the opposition is An estimated 200,000 noncombatant flict and to bring peace to the region. going to push like the dickens to get it civilians, including women and chil- We must be prepared to keep the done, if we pull out of Iraq before the dren, have been murdered by the pressure on. The emergency supple- job is done, and I have sympathy for janjaweed militia fighters supported by mental that we just passed calls on the our troops and their families and ev- the Sudanese government; 450,000 peo- Secretary of the Treasury to prepare a erybody else, but if we pull out of Iraq ple have been killed in the conflict. To report on companies that do business before the job is done, I think we may date, 2.5 million villagers in the Darfur in Sudan and determine whether the very well be sowing the seeds for World region have been displaced from their U.S. Government is currently doing War III. And as I have said on this floor homes. Most Darfurians live in camps business with them. The point is, that a number of times and have talked to today. if the time comes for sanctions, Con- my colleagues, appeasement and weak- There is no question that the acts of gress will be ready. Congress is also ness leads to horrible things. the janjaweed militia and, by exten- calling on Sudan’s neighbors to ac- Lord Chamberlain, going to Munich sion, the government of Sudan con- knowledge the genocide in Darfur and and talking to Hitler and appeasing stitute a level of violence that can only to take steps to stop it. him, led to 62 million people dying in be described as genocide. But now that The bill we passed today calls on the World War II. We are now in a nuclear violence has spread. With the splin- Arab League to declare the systemic age. We have people who will blow tering of rebel groups into as many as torture, rape and displacement of inno- themselves up in order to get their 12 factions, there is increasing rebel- cent civilians in Darfur as genocide. aims. They do not want to live. They on-rebel violence with the possibility The Arab League must support and ac- want to die. They want to be martyrs. of return to all-out war. cept U.N. peacekeepers to ensure an Can you imagine what will happen if The African U.N. has deployed nearly end to hostilities and the safe passage Iran develops a nuclear program and 7,000 troops to the region. Last year the of humanitarian aid. The Arab League they have briefcase nuclear weapons? United Nations Security Council au- needs to engage the U.S., African They will blow themselves up with a thorized a peacekeeping force of 22,000 Union and Sudanese government to nuclear weapon. As I said earlier today, U.N. troops for Darfur. Those peace- bring lasting peace and stability to two blocks from here they could ignite keepers, unfortunately, are still not in Darfur. one of those bombs, and it would kill place due to the resistance of the gov- I am very proud to have supported all of us. They could do it two or three ernment of Sudan. this legislation, as well as the con- blocks from the White House, and it Today, U.N. negotiations with Sudan ference report, and look forward to will destroy completely an eight- continue in an attempt to add at least working with my colleagues to help square-block area and radioactive fall- 3,000 U.N. peacekeepers to the existing bring a peaceful future to Sudan and out will be all over the place, killing 7,000 African U.N. peacekeepers, and to peace to the lives of the Darfurian refu- tens of thousands of others. allow the U.N. to use helicopters to gees.

VerDate Aug 31 2005 06:41 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00109 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.165 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4162 CONGRESSIONAL RECORD — HOUSE April 25, 2007 The SPEAKER pro tempore. Under a Sergeant Bushnell was a member of In 1962, Roscoe made his debut in previous order of the House, the gen- the 1st Cavalry at Fort Bliss. Sadly, he films, appearing in ‘‘The Connection.’’ tleman from North Carolina (Mr. died from his wounds this past Satur- He has also appeared in ‘‘The Come- JONES) is recognized for 5 minutes. day after his vehicle was hit by a rock- dians’’ in 1967; ‘‘Up Tight!’’ in 1968, (Mr. JONES of North Carolina ad- et-propelled grenade. Hitchcock’s ‘‘Topaz’’ in 1969, ‘‘The Lib- dressed the House. His remarks will ap- Sergeant Bushnell’s father, Wesley, eration of L.B. Jones,’’ ‘‘Superfly,’’ pear hereafter in the Extensions of Re- told the Associated Press, ‘‘Billy ‘‘Uptown Saturday Night,’’ ‘‘Logan’s marks.) served proudly in the airborne infan- Run,’’ ‘‘Legal Eagles,’’ ‘‘The Mambo f try. That’s what he wanted to do when Kings’’ and ‘‘Dear God.’’ he joined and proud to do it. His shoul- Roscoe’s television career included SMALL BUSINESS WEEK der was hurt a while back, and he went memorable appearances on all the top The SPEAKER pro tempore. Under a to a hospital in Kuwait. All he could 1970 sitcoms, including ‘‘All in the previous order of the House, the gen- think about was getting back in with Family,’’ ‘‘Maude,’’ ‘‘Sanford and tleman from Texas (Mr. CONAWAY) is his comrades in Baghdad.’’ Son,’’ ‘‘Good Times,’’ and ‘‘Barney Mil- recognized for 5 minutes. This is the type of commitment to- ler.’’ He replaced Robert Guillaume on Mr. CONAWAY. Mr. Speaker, Mon- wards others we can be so very proud ‘‘Soap,’’ and in 1986 he won an Emmy day, April 23 of this year marked the of, to his fellow soldiers and commit- guesting on ‘‘The Cosby Show.’’ beginning of Small Business Week, ment to his country. His resonant baritone was heard in honoring small business owners and My prayers, the prayers of my fam- documentaries, live-action fare and their employees for their dedication ily, and the prayers of Arkansas are animated films, as well as the spoken- and hard work that has helped to en- with the Bushnell family. I humbly word arena with such symphony or- sure that this Nation continues to re- offer my thanks to Sergeant Bushnell chestras as the Boston Pops and the main a strong leader in the global for his selfless service to the security Los Angeles Philharmonic. For many economy. and well-being of all Americans. years he and actor Anthony Zerbe This week, we celebrate their count- f toured the United States in ‘‘Behind less hours, their commitment to their IN MEMORY OF ROSCOE LEE the Broken Words,’’ an evening of po- families, communities and our Nation. BROWN etry and dramatic readings. The 11th district of Texas boasts a The SPEAKER pro tempore. Under a Roscoe Lee Brown was a person of ex- large number of successful small busi- ceptional talent and accomplishments. nesses and, combined, they have la- previous order of the House, the gentle- woman from California (Ms. WATSON) is He was among the first generation of bored extraordinarily to establish African-American actors who sought to themselves as a backbone of our econ- recognized for 5 minutes. Ms. WATSON. Mr. Speaker, it is with ply their craft during a period that omy. They have provided numerous great sadness and a deep sense of loss rarely acknowledged or provided oppor- jobs, endless opportunities, and sus- that we received the word of the pass- tunity to persons of color. tained economic growth. ing of Roscoe Lee Brown on April 11, It can truly be said that the Denzel Mathis Field Cafe in San Angelo, 2007. Mr. BROWN was a distinguished Washingtons and other younger black Texas, is one of the small businesses Californian whose deeds and life merit actors in movies and television stood that I am proud to represent in Wash- the grateful acknowledgment of his on the backs of giants like Roscoe Lee ington. Mathis Field Cafe employs 26 community, his State, the Nation and Brown, who blazed a trail for them people, specializing in serving authen- the world. through perseverance, hard work, and tic Chinese cuisine. It was founded by Roscoe was born on May 2, 1925, in uncommon displays of exceptional tal- two Chinese immigrants in 1988, Sam Woodbury, New Jersey. He graduated ent. and Rose Ng, who are now United from Lincoln University in Pennsyl- May he rest in peace. States citizens running this very suc- vania in 1946, earned his post-graduate f cessful small business. degree at Middlebury College, and did The SPEAKER pro tempore. Under a It is small establishments like this graduate studies at Columbia Univer- previous order of the House, the gentle- one in the 11th District of Texas that I sity. woman from Texas (Ms. JACKSON-LEE) proudly represent and that I want to In college, Roscoe was also a star is recognized for 5 minutes. honor and thank for their tireless ef- athlete, winning the world champion- (Ms. JACKSON-LEE of Texas ad- forts day in and day out. Steady pro- ship in the 800 meters in 1951. After fin- dressed the House. Her remarks will economic and pro-business policies en- ishing his college and post-graduate ca- appear hereafter in the Extensions of courage job growth and allow our small reer, Roscoe returned to Lincoln, Remarks.) businesses to thrive. I expect to see where he taught French and compara- f cafe and other small businesses in Dis- tive literature. trict 11 reap the benefits of our strong At a dinner party in 1956, Roscoe an- The SPEAKER pro tempore. Under a economy and give back. This week we nounced his decision to become an previous order of the House, the gen- honor all small businesses alike. actor, auditioned for and won a role in tleman from Pennsylvania (Mr. TIM MURPHY) is recognized for 5 minutes. f Julius Caesar the next day at the (Mr. TIM MURPHY of Pennsylvania The SPEAKER pro tempore. Under a newly formed New York Shakespeare addressed the House. His remarks will previous order of the House, the gen- Festival, and found his life-long artis- appear hereafter in the Extensions of tleman from Oregon (Mr. DEFAZIO) is tic passion, performing five more roles Remarks.) recognized for 5 minutes. with that company. (Mr. DEFAZIO addressed the House. In 1961, Roscoe appeared with James f His remarks will appear hereafter in Earl Jones in the original off-Broadway b 2215 the Extensions of Remarks.) cast of Jean Genet’s landmark play, A SAD AND SOBERING DAY FOR f ‘‘The Blacks.’’ He won an Obie for his role in ‘‘The Old Glory,’’ received the AMERICA IN MEMORY OF SERGEANT Los Angeles Drama Critics Circle The SPEAKER pro tempore (Ms. WILLIAM W. BUSHNELL Award for both ‘‘The Dream on Mon- CLARKE). Under a previous order of the The SPEAKER pro tempore. Under a key Mountain’’ in 1970, and ‘‘Joe Turn- House, the gentleman from Georgia previous order of the House, the gen- er’s Come and Gone’’ in 1989. (Mr. PRICE) is recognized for 5 minutes. tleman from Arkansas (Mr. BOOZMAN) He wrote and directed ‘‘An Evening Mr. PRICE of Georgia. Madam is recognized for 5 minutes. of Negro Poetry and Folk Music,’’ 1966, Speaker, this is a sobering and sad day Mr. BOOZMAN. Mr. Speaker, I rise returned to Broadway in Tommy for America and for the House of Rep- today to honor the memory of a fallen Tune’s 1983 ‘‘Kicking the Clouds resentatives. The Iraq supplemental Arkansas hero, in fact, a true Amer- Away,’’ and earned a Tony nomination war bill came to the floor this evening. ican hero, SGT William W. Bushnell of in August Wilson’s ‘‘Two Trains Run- It is a bill where the President had re- Jasper, Arkansas. ning.’’ That was 1992. quested the resources of the American

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00110 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.169 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4163 people to support American men and Madam Speaker, their silence is deaf- with an army commanded by Saddam women in harm’s way nearly 11 weeks ening. Do you hear them? What do they Hussein, but we have now got ourselves ago. The bill that came to the floor to- say? Are they here tonight? Are they mired in what is a civil war. night had that amount of resources, here to say what they believe about Madam Speaker, I got the chance, and then some. It had over $20 billion our troops? Are they here to say that along with five other Members of this in extra money, Madam Speaker, they believe in the men and women body, three Republicans, three Demo- money that nobody could honestly say who are protecting our freedom and crats, to go over to Iraq and Afghani- with a straight face was appropriate in working as hard as they can to protect stan a few weeks ago, and we asked the an emergency supplemental bill. themselves? generals on the ground a very simple In addition to that, it also had all Madam Speaker, this Democrat si- question: Of all of the fire that you find sorts of timelines and arbitrary bench- lence is deafening. What a shame. What yourselves in the middle of on the marks that make it so that the Speak- a terrible shame. streets of Baghdad, tell us what per- er of the House and every single Mem- Madam Speaker, it pains me and it centage of that which is directed at ber of this House is in fact a com- saddens me to say what appears to be U.S. forces is a fight from insurgents mander-in-chief. leading these new Democrats is the directly against the United States, and There was celebration on the other same as the old, and that that it is all tell us what percentage of that fire is side of the aisle when this bill passed, politics all the time. What a shame. sectarian strife, Sunnis and Shia fight- muted. I would suggest, Madam Speak- f ing each other. er, it was a little embarrassed, because I have to tell you, listening to the 30–SOMETHING WORKING GROUP they understand in their heart what other side, you would have no clue that they have done. What they have done is The SPEAKER pro tempore. Under the answer was 90 percent. Ninety per- a shameful action, Madam Speaker. the Speaker’s announced policy of Jan- cent of the fire directed at U.S. forces General Petraeus came to visit the uary 18, 2007, the gentleman from Con- is simply by virtue of us being in the Congress today. General Petraeus is necticut (Mr. MURPHY) is recognized for middle of what has become a civil war the Commander of Coalition Forces in 50 minutes as the designee of the ma- there. Iraq. General Petraeus and his men and jority leader. So you can continue to bury your women are putting their lives on the Mr. MURPHY of Connecticut. Madam heads in the sand while we talk about line, day in and day out. Speaker, I am very pleased to be able this tonight, but we choose not to. We He came to the House today. He came to kick off what I hope will be a very chose to side with the American peo- to Congress today to ask for clarifica- interesting hour. Every week we try to ple, 60 percent of whom say unequivo- tion of what Congress had intended. He get together at least once as members cally that they want a timetable to asked for the opportunity to inform of the 30-Something Working Group at bring our troops home. We sided with the House of Representatives, the the pleasure of the Speaker of the the Iraq Study Group, some of our top Members of the House. And from what House to talk about some of the most foreign policy leaders in this country, I heard this evening, Madam Speaker, pressing issues, not only to this coun- Republicans and Democrats, who the majority party didn’t listen and try at large, but in particular to the unanimously stood up to say it is time they didn’t learn. All they have done, young people of this country. I appre- to redeploy our forces. We stood with apparently, is to work on legislation ciate the Speaker giving us this oppor- some of the brightest and most coura- that will ensure defeat. tunity. geous military generals. Madam Speaker, this majority party We are hopefully going to be joined We have come to the position that it is vested in failure. Vested in failure. today by some of the veteran 30-Some- is de rigueur for generals to speak out Their actions do a disservice to our thing Members, but we are going to against the war, because it seems that troops. They say to our troops, we have kick today off with Mr. ALTMIRE of there is a new one coming out and got no faith in you. We don’t believe in Pennsylvania and myself and our spe- talking about the tragedy of this war your mission. We don’t believe in you. cial guest today from New Hampshire, every day. Well, this didn’t happen up That is what this majority party says. young-at-heart PAUL HODES. until the Iraq conflict. You have never They send the wrong message to our Madam Speaker, I think the gen- seen this number of former military allies. What they say to our allies is tleman from Georgia is right on one men standing up and suggesting we that you can’t trust America. Amer- point at least, that this is a sobering need to set a different course. ica’s word is not good, given this ma- week here in the halls of Congress. We So maybe this is a little bit of a quiet jority party. have had a lot of bad news this week. room tonight after a very long day, And they send the wrong message to We have mourned the death of far too but, yes this was a loud and boisterous our enemies. What they say to our en- many young people at Virginia Tech. hall earlier tonight, because for the emies is, all you have to do is wait. We have mourned the loss of one of our first time in a long time, this Congress Madam Speaker, this is a sad and a own here on the House floor. We are stood up and excerpted the will of the shameful day. The majority leader in wrapping up a month in which we have American people. the United States Senate has said that seen 86 more soldiers die on the battle- Before I kick it over to Mr. ALTMIRE this war is lost. ‘‘This war is lost.’’ fields of Iraq amidst a growing civil and Mr. HODES, let me just quickly I stood with parents of a constituent war, a war now that has cost over 3,300 talk about what we did here today. of mine this weekend, Madam Speaker, lives, 24,000 wounded and $379 billion You want to talk about supporting this past weekend, who was on his way spent. the troops. Let’s talk about the fact to Iraq that very day. They asked me, Our friend who just gave the final 5- that this bill had every dollar that the what am I supposed to say to my son? minute speech on the other side of the President asked for in it, and more. It is a heart-wrenching question, aisle suggested that the silence was And more. We put in more money to Madam Speaker, when you have the deafening from the Democratic side to- make sure that every single troop has majority leader in the United States night in this Chamber. Well, we were the equipment, the protection, the Senate saying that the war is lost. It is talking all day. We were talking last armor that they need. in headlines across this Nation that week and the week before. There was This bill has $1.7 billion in additional the majority leader says this war is no silence on this side of the aisle. For money beyond what the President lost. the first time, for the first time, this asked for for veterans, $1.7 billion be- Madam Speaker, I think it is incum- Congress picked its head up out of the yond what the President asked for for bent, given that kind of statement by sand to realize what is really hap- healthcare for our existing armed the majority leader in the United pening over in Iraq. forces. States Senate, for the House Democrat You can talk all you want about fail- You want to talk about supporting leaders to come down to this floor and ure and defeat and victory, but you the troops, then you better look at the say what they believe. Do they believe have got to be a little bit clear about words and the numbers in this bill, the war is lost? Do they agree with what we are talking about over there, balls what the President wanted, he Senator REID? because maybe we entered into a fight got, and we put more on top of it to

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00111 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.175 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4164 CONGRESSIONAL RECORD — HOUSE April 25, 2007 make sure that every single soldier is us who hasn’t spent an amount of time And the great thing about democ- taken care of on the battlefield, and with the National Guard and the Re- racy, the great thing about this House, when they return to this country, they serve troops that have been so heavily the House of Representatives of the are not just given average healthcare, stressed by these multiple deploy- United States is that we have people but they are given the gold standard of ments. There is not one of us who has who represent every side of the polit- healthcare when they come back here. not sat with active duty families who ical spectrum. And there are a handful What we did on that bill was for the have seen their family members de- of Members who feel so strongly about first time suggest that this commit- ployed once, twice, three times, over to this issue that they feel we need to im- ment cannot be open-ended. For Mr. Iraq and Afghanistan. mediately cut the funding and imme- HODES and Mr. ALTMIRE and myself, we We would love to bring every single diately withdraw our troops and bring have gotten the opportunity over the one of them home. But we know that them home. And they are very vocal. last few weeks to go back and talk to the reality of this new world order is And what’s interesting about that our constituents, and you are having to that we have got to have a much more group is they didn’t support this bill. turn over a bunch of different rocks as global view. We have got to make sure The people who feel so strongly that we time goes on to find people who are that we have the troops necessary to be need to cut the funding and bring our still willing to say that we should have committed all over the globe, to make troops home immediately voted absolutely no end to our commitment sure that we recognize how broad the against this bill, along with the Repub- there. That we should do virtually threat to this country is today. licans. nothing to force the Iraqis to stand up That is not what we are doing right So when I hear Members on the other for themselves. now. That is not what we are doing. In side talk about what our goals are, and Let me give you one important quote fact, what we have done is created a then I think of the fact that they are from this week. Folks on the other side safe haven for terrorists. We have cre- the ones that voted with the people of the aisle will say that this timetable ated what our own intelligence commu- who want to bring our troops home im- is somehow harming our efforts there. nity calls the cause celebre for the Is- mediately and immediately cut the They maybe should speak to our own lamic extremist movement in this funding, that leads me to believe that Secretary of Defense, who just this world, to find shelter in Iraq, to breed, perhaps they didn’t read the bill close- week said this: ‘‘The strong feelings ex- to train, and then to present an even ly enough, or maybe there’s just some pressed in the Congress about the time- greater threat to this country. rhetoric that’s being thrown around So, yes, Madam Speaker, there was a table probably have had a positive im- that they know is not true. pact in terms of communicating to the little bit of celebration on this side of And what I would suggest to my col- Iraqis that this is not an open-ended the aisle when we passed this bill to- leagues, and certainly to the American commitment.’’ night. Not because this isn’t the most people, is you look at what is in this Our own Secretary of Defense, the serious subject that this House will bill. And we’ve talked about this before face over the next 2 years. It certainly spokesman on matters of war for this when we passed the first bill before it is. We take that as a grave responsi- President, says that our discussion went to conference. We give the Presi- bility that it so deserves. But because here about ending our open-ended com- dent more money than he asked for. it is about time that we picked our mitment, about forcing the Iraqis to The conference report that we voted heads up out of the sand and said in our stand up for themselves, has had a today, 4 billion more dollars to go to gut, in our conscience, we cannot allow positive effect. So to our friends on the Iraq and support our troops than Presi- our military forces to continue to be other side of the aisle, they might want dent Bush asked us for. That’s not cut- the referee of a civil war. And in our to check with the administration be- ting the funding. That is supporting gut and in our conscience and in our fore they cast aspersions on the work our troops. head we know that this fight is broader that we are doing here. We increased funding for the Depart- than just what happens on the streets The last thing to say. The last thing ment of Defense health care facilities of Baghdad. This is a global fight to say. We better put some definition to make sure that situations like Wal- against the people that took us on, and on what war we are fighting here. I ter Reed never happen again. We in- by redeploying those forces, by doing know Mr. HODES wants to say some- creased funding for the Veterans Af- the right things by the soldiers who are thing about this as well. This is not a fairs health care system to make sure on the ground in the middle of this war for us that needs to be fought be- that we have adequate coverage for our civil war, by making a commitment as tween two sectarian parties in Iraq. strong as ever to our troops and to our Nation’s veterans, because, as we have This is a war on the people that at- veterans, we finally, we finally, started talked about many times on this floor, tacked this country. Maybe some peo- imposing a foreign policy that will there is no group that should stand ple on the other side of the aisle guarantee the security of this country, ahead of our Nation’s veterans when it haven’t noticed, but the people that at- not just for the next week or the next comes time to make funding decisions. tacked this country came from Afghan- And this bill, for now the fourth time month, but decades and hopefully cen- istan, a country that we have left be- in 4 months, we have voted to increase turies. hind. Madam Speaker, I would like at this funding for the Veterans health care We had a chance to visit Afghanistan point to yield, if I could, to a good system, and not continue the past 6 just a few months ago, and we found friend and one of our new 30-Some- years of chronic underfunding for the that the Taliban is in a resurgence things, the gentleman from Pennsyl- VA health care system. there. We found that the new power And finally, this bill does, in fact, vania, Mr. ALTMIRE. player in the Middle East, Iran, is add some accountability to the process. starting to meddle in the affairs of Af- b 2230 The only remaining leverage that we ghanistan, in part because we haven’t Mr. ALTMIRE. I thank the gen- have left in Iraq, almost 4 years to the put the money and the troops and the tleman from Connecticut. And I want- day after we were told the mission was resources and the infrastructure dol- ed to spend some time talking about accomplished, that date was May 1, the lars behind our effort there to make what this bill actually does, because I only remaining leverage we have left is sure that it is a self-governing country. heard some rhetoric during the debate our presence there. We have got fights all over the globe from the other side that I couldn’t be- The gentleman from Connecticut that this country needs to be a part of lieve I was hearing, because it had talked about how he was in Iraq, and I if we really want to talk about making nothing to do with the facts of what’s don’t want to put words in his mouth, this country safe. So when we talk really in this bill. I heard Members but I am sure you spoke to some of the about redeployment, we mean it. It is stand up and say that the goal of the leadership over there and experienced not just about withdrawal. It is not Democrats is to cut the funding for our the fact that the Iraqi government has just about taking every single troop troops and cut and run and do an im- not stepped up to manage their own af- who is over there and bringing them mediate withdrawal. And none of that fairs and administer their own govern- home to their families. We would love is in this bill. That is not what we ment. In fact, they have failed miser- to do that. There is not a single one of voted on today. ably in that action, and they show no

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00112 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.176 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4165 sign of being willing to step up to the it with this exercise in Iraq. In over- bilizing the Nation, that our strategy plate. And the only leverage we have to whelming numbers, they, in their wis- in Iraq has been tragically flawed since make that happen, and that is the only dom, have had it, and they spoke loud the invasion in March 2003, that our solution to this conflict, is a political and clear to that in November of this Army and Marine Corps are at the solution. There’s no military solution year and that, in large part, is why we, breaking point with little to show for because, it has, as you said, degen- and many of our colleagues, are now it, and that our military, alone, will erated into a civil war. The only lever- privileged to serve in the House of Rep- never establish representative govern- age we have there is our presence resentatives. ment in Iraq. And Major General John there. And until we say, loud and clear And what we have done today in Batiste said, the administration got it to the Iraqi government, that our pres- passing the Iraq accountability bill is terribly wrong. And I applaud our Con- ence there is not open ended, that we truly historic. And it started here in gress for stepping up to their constitu- do consider this to be a situation that the House; it went to the Senate tional responsibilities because this they need to step up, administer their through the wisdom of our founders. Congress, as Major General John Ba- own affairs and run their own govern- There was a conference of House and tiste has recognized, unlike the rubber ment, nothing’s going to change. And Senate leaders. The bill came back stamp Congresses that have preceded we did have, 4 years ago today, an an- here in slightly altered form. And now, us for years now, is finally the ac- nouncement that the mission was ac- as we sit here tonight, speaking about countability Congress. We are holding complished; and we’ll be here next year this bill, it’s on its way to the desk of our government accountable by passing and the year after and the year after, the President of the United States. And the Iraq accountability act, which and we’ll still be waiting for the Iraqi the President of the United States has forces the Iraqi government to take re- government to step up unless we take a choice to make about the direction of sponsibility for their own stability. affirmative action to add some ac- this country. He, now, has a choice to We are into the fifth year of this war. countability, which is what we did in make. He has a choice to make about Hundreds of billions of dollars, and still, no progress on reforming the Con- this bill today. supporting the troops. He has a choice So I’m going to give it back to the to make about holding the Iraqis ac- stitution. What about reconciliation? What gentleman so he can talk to Mr. HODES countable, as he said he was going to about all the ministries in the Iraqi momentarily, because I know he’s do. He has a choice to make about sup- government fighting amongst them- chomping at the bit to say what he has porting our veterans. He has a choice selves? What about the Sunni/Shia di- to say. And I’m looking forward to to make about supporting our wound- vide that al-Maliki does not seem to hearing it myself. ed, whose care has been a disgrace, as want to face and deal with? The Sunnis But I just want to be crystal clear, many of us have seen. The President of and Shiites killing each other, and our this bill, in no way, represents a cut in the United States has these choices to troops in the middle of it. funding for our brave men and women make. So we hold our government account- Now, we have had a lot of rhetoric in who are serving us in Iraq. It has more able to our troops, to our returning sol- money in it for our troops, direct aid the chamber today, and our colleagues diers and our veterans. This account- for our troops, than the President on the other side of the aisle called this ability Congress has held oversight asked for. Make no mistake about that. shameful. They accused us of weak- hearings to investigate government So at this point I would yield back to ening America. They essentially ques- mismanagement and corruption in the gentleman from Connecticut. tioned our patriotism. They said we Iraq. We found, for instance, in over- Mr. MURPHY of Connecticut. I want didn’t support the troops, and that is sight hearings, that this administra- to read it one more time, Mr. ALTMIRE, poppycock. It’s disinformation. It’s not tion shipped $12 billion of cash over to just because it backs up everything true. Iraq without accounting for it, and you said. I want to read it one more We all, whether we are Democrats or gave it away to Iraqi ministries to use time. Secretary Gates. ‘‘The strong Republicans, and I know this is true of as they would, without ever asking for feelings expressed in the Congress the people in this country, care deeply a single shred of accounting. No paper about the timetable probably have had about this country. And what we want trail, no nothing. We’re restoring ac- a positive impact in terms of commu- to see is an America with real strength countability to contracting, ending the nicating to the Iraqis this is not an that is protecting the real security of massive waste caused by no bid con- open ended commitment.’’ I mean, the American people, and that is lead- tracts. that’s worth saying again, because for ing the world, as we once did, as the And the contractors in Iraq, just so all the rhetoric that we get about what most credible of nations, as the nation we are clear, on this, we now know we are doing here and what kind of im- which, in World War II, stood up to that, in addition to the 150,000 troops, pact it has in Iraq, we have our Sec- lead the fight against fascism, and then give or take, currently in Iraq, there retary of Defense telling us exactly had the courage to put Nazis on public are 126,000 private contractors. And as what has been our intuition for years; trial in the Nuremberg war trials be- John Murtha so eloquently talked that the only way, Mr. ALTMIRE, just cause we were strong enough to have a about the floor tonight, we’ve got a sit- like you said, the only way for us to transparent due process system. We uation where our brave soldiers are exert any pressure on the Iraqis to weren’t afraid. And we shouldn’t be standing there, they are making $25,000 stand up for themselves, to get their afraid in resolving this conflict in Iraq, a year, let’s say they are pumping gas military shop in order, to get their in acting with the real strength that and doing some security details. And civil shop in order, to get their polit- means real security. next to them there’s a private con- ical stop in order, is to tell them that Now, our brave troops have done ev- tractor making $80,000 a year doing the we are not going to be the crutch that erything that we’ve asked of them. same job. Some of these private con- they can rely on in the long run. We’ve They fought through an invasion, and tractors, we heard, are making $300,000 recognized that here for a very long after that, it was an ill advised inva- a year. That’s more than any govern- time. Our Secretary of Defense now sion, but then, through the incom- ment official in the United States gov- joins us in that. petence and mismanagement of this ernment. And you want to know where And at this point I would like to turn administration, they have been left in our billions and billions of dollars have it over, yield to Mr. HODES. the quagmire of a civil war. gone. Mr. HODES. Well, I thank my friend And I want to turn now to the words So we’re restoring some account- from Connecticut and my friend from of somebody with far more military ex- ability to government with the Iraq Pennsylvania for being here. You perience than me, to talk about the ef- Accountability Act tonight. We’re re- know, I’m on the something side of 30, fect of what we have done here in the storing openness and transparency to but we are all new Members here to- Congress tonight. Major General John government, to repair the fabric of our night. And we came here, in large part, Batiste, United States Army Retired, democracy that has been undermined because the American people are way said, this important legislation sets a in the course of this administration. ahead of the politicians in this coun- new direction for Iraq. It acknowledges So this President does have a choice try. And the American people have had that America went to war without mo- to make tonight. And I think of the

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00113 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.178 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4166 CONGRESSIONAL RECORD — HOUSE April 25, 2007 words of Zbigniew Brzinski, the former conditions. That is what the escalation ciplined path laid out by the Iraq National Security Adviser, who called is. Study Group. The real audience for the this war an increasingly immoral, fu- Now, if this was a fresh round of timeline language is Prime Minister al- tile exercise in presidential hubris, be- troops, if this was a group of young Maliki and the elected Government of cause, my friends, I’m sorry to say that men and women who were there for the Iraq.’’ Because it gives the general, it the President of the United States has first time, maybe you could understand gives the President, the leverage to said that he’s going to veto what Con- putting them in that position. But that say, folks, it is time that you stepped gress has passed. He is going to essen- is not what this is. Twenty-three per- up, to say to Prime Minister al-Maliki tially turn his back on the will of the cent of all the troops who are being de- it is time you stepped up. Are you seri- American people. He’s going to go ployed right now are National Guard ous about reconciliation? Are you seri- against the advice of retired generals and Reserve troops. Eighty-eight per- ous about the political stability that in droves who’ve come out to talk cent of those National Guard and Re- Iraq needs? Are you serious about the about the reality. And I believe the serve troops are so poorly equipped economic stability Iraq needs? Are you American people are going to be dis- that they are rated not ready right serious about it, or are you just wait- appointed in that veto because they now. That is from the Washington ing because we are going to be there want a new direction in Iraq. And that Post, about a month back. forever? Because right now, the Presi- is the course we have set tonight. I’ll We know that the number of Active dent has made an open-ended commit- kick it back now to Mr. MURPHY. Duty and Reserve brigades in the ment, and this bill responsibly puts an Mr. MURPHY of Connecticut. Well, United States that are considered com- end to that open-ended commitment. thank you very much, Mr. HODES. The bat-ready, zero. None of them. We have Now, the folks on the other side of three of us are new Members. We came maxed out our military. We have the aisle have said, time and time here on that tidal wave of increasing asked, Mr. HODES, as you said, our men again, that this somehow weakens us popular angst against this war. And and women to do everything we have because it gives notice to our enemy, this place shouldn’t be dictated just by asked them to do, and we have got to whoever that may be. They say it is al what happens in elections, but elec- start asking ourselves the question, Qaeda. We are in the middle of a civil tions have to mean something. When have we asked them to do too much? war. There is some al Qaeda there to be the people get a chance to go out there One day they are in the middle of a sure. What Major General Paul Eaton every 2 years and weigh in on the direc- firefight. The next day they are sitting said is, ‘‘The argument that this bill tion of their Federal Government, they down and trying to mediate a dispute aids the enemy is simply not mature. have to feel, at some level, like what between two rival neighborhood Nobody on the Earth underestimates they say matters. groups. The day after that they are the United States’ capacity for unpre- overseeing the construction of a water dictability. It may further create some b 2245 filtration plant. They are, within a 3- sense of urgency in the rest of our gov- And, Mr. HODES, I mean you are day period, being asked to be fighters, ernment, beginning with the State De- right. When they pick up the paper diplomats, and civil engineers. partment.’’ whatever day it is going to be when he Having gotten to spend a couple days Because we have got to ask, where actually vetoes this, the feeling inside, on the ground with these folks, they are the diplomats? Where are the dip- that voter who thought they went out are by all measure the best people that lomats? There are some provincial rec- and cast a courageous vote for Mr. we could send over there, the bravest, onciliation teams on the ground, work- ALTMIRE or Mr. HODES or Mr. MURPHY the most capable. If there is anyone in ing around the country and they are who decided to make a change when it this world that could do this job, I talking about more. But where have doesn’t happen very often that you know it is them. I knew it intuitively been the diplomats? Where has been have a change like this, maybe once from back here in the United States. the diplomatic effort that everybody every decade or every two decades, Having spent a few days on the ground, acknowledges is really what is nec- well, they are going to lose just a little you know it from the moment you talk essary to bring some stability in the bit of faith in this process. And every to them. But we have maxed them out. Middle East? Why did it take Speaker PELOSI to go day that we continue to have an ad- And why I try to get here as often as to Syria to begin some dialogue? Be- ministration that refuses to honor I can to hear Mr. MURTHA speak here cause everybody recognizes that we where the American people want the on the floor is because there is no bet- have got to talk to people, even those course of this war to go, which, as we ter in talking about this subject than who are our enemies in this complex have said over and over again, it is not Mr. MURTHA. He said it here tonight: just the American people but it is the world in the 21st century. There is no one more in touch with the So this bill gives the President, it American people being backed up by troops than he is. And our danger is gives the generals, the leverage to generals, being backed up by the for- not just in asking them something forge a new direction. eign policy community, the Iraq Study they may not be able to do, but perma- Mr. MURPHY of Connecticut. Madam Group, there is a little piece of democ- nently damaging the capability of this Speaker, I want to yield to Mr. racy that dies every day that that hap- military going forward. ALTMIRE in a second. pens. Mr. HODES. Madam Speaker, the in- But let me just underscore this to Let me just bring up an additional teresting thing about what this bill say none of us are happy to be in this topic here. When I got out into Bagh- does, I mean the reality of what it situation. Myself, I think that this is dad on the day that we were in Bagh- does, is it gives this President an op- the best course. I think that we need to dad, what we saw was the escalation in portunity, it gives him a fabulous op- set in law a sense of when our commit- progress. What the escalation essen- portunity, to face reality, as a leader ment is going to end there. The only tially is, is it is asking these soldiers should, and understand that he is being way we will finally complete the train- who are on their second or third tour of given the opportunity for a new direc- ing of our military and our Armed duty over there, who would normally tion, for a new direction that is tough Forces within the Iraqi community is do 12-hour shifts patrolling these in- and smart, and smart about our secu- to give them a sense of when they will credibly dangerous streets, trying to rity, because it is designed to make have to stand up for themselves. dodge sniper fire, trying to keep clear sure that our interests in the Middle Now, at the same time, there is no of the increasing number of IEDs, road- East are taken care of in a responsible perfect option. In fact, there may be no side bombs, now those troops, after the way. The American people know that. good option here. We all have to admit 12-hour shift, aren’t going back to safe They want us to be responsible in the at some level, Republicans and Demo- barracks; they are lodging themselves way we resolve the situation in Iraq. crats, that we have gotten ourselves in the neighborhoods, in some of the Major General Paul Eaton addressed into a mess here that there is no pretty most dangerous, war-torn neighbor- the notion of why this is so responsible way out of. And that is part of what hoods of Baghdad. They are living in when he said, ‘‘This bill gives General government hasn’t been pretty good bombed-out buildings with little or no Petraeus great leverage for moving the about talking about. This administra- electricity or running water, in squalid Iraqi Government down the more dis- tion, it is all about black and white to

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00114 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.179 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4167 them. It is good or evil. It is right or saying that what we are doing is the goal. It was a goal. Now, there are a lot wrong. right course of action. But what is of us who wanted to see more than a There is a lot of gray, and we created most important and what is most rel- goal. All of this is an effort in com- most of that gray by being the bull in evant for what we did today in this promise. But that goal even is appar- the china shop there. But what we put House, the President is ignoring the ently objectionable to this President. forward today, what the majority of American people. And I have a feeling that this House this caucus supported this afternoon We have all seen the polls about will move again and will try to come and this evening is not the perfect, and where the American public feels about up with yet another means of resetting it is probably not even the good, but it this. But we shouldn’t legislate by our policy and our course in Iraq that is the best that we can do in a very bad polls; we should legislate based on we is acceptable to this President. situation. And it is certainly the best are elected Representatives of the b 2300 that we can do by the brave men and American people. There are 435 dis- So if anybody has any idea out there women who are fighting. tricts in this House, each of whom has that the House of Representatives is So as proud as we are, I think, Mr. a voice, and it is our responsibility as just saying X and the President is just HODES and Mr. ALTMIRE, standing up Representatives to go back into our saying Y, no, we’re trying to make that today and finally getting our head out districts, listen to what our constitu- effort. And you know what? People are of the sand and putting some direction ents have to say on these issues of crit- going to look in the paper this morning in what has been a directionless con- ical importance, return here on a day and see a vote that has a lot of Demo- flict, at the same time it is a sobering like today, debate the issue the entire crats voting for it and a lot of Repub- day because we all admit, especially as day, come back at 11 o’clock at night licans voting against it. Lest they new Members who didn’t participate in and we are still debating the issue. But think that that’s been the case day in the lead-up to this very troubling time, we took a vote and we had to put it on and day out here, in fact, it’s been the that getting ourselves out of it isn’t the line, yes or no, where do you come exception to the rule in how we have going to be an easy process and it is down on this issue? The Congress has conducted ourselves in this House. The not going to be a very brief process. spoken. At least the House has spoken. 100 hours agenda, making changes on With that, I will turn it over to Mr. The Senate is going to speak in the our economic policy, our health care ALTMIRE. next day or two. policy, our national security policy, Mr. ALTMIRE. I thank the gen- And I want to make one thing clear. our homeland security policy had tleman from Connecticut for yielding. Let there be there be no discussion record numbers of Republicans. We I want to talk about what these about this. If the Senate passes the stood together and we have stood to- charts mean that the gentleman from conference report, which we expect, gether on everything from the min- New Hampshire is holding up next to and sends this bill to the President, as imum wage to stem cell research to where he is speaking. These are exam- Mr. HODES said, he has a decision to even the budget. ples of generals, people who have seen make. He can either sign that bill and So we have made great progress, I firsthand what is happening on the provide the troops the funding that think, in this House on bringing back ground in Afghanistan, people with the they need to continue the mission, or together some of that partisan divide. utmost military experience, who have veto the bill and deny them the sup- Lest people look up at the vote that we said clearly, without ambiguity, that port that they need. That is his choice. took tonight and think that we didn’t the President’s course of action is The Congress has spoken on that. honor our pledge to really start to wrong. And the course of action that So when any Member of this House bring that back together, I think we we took today here in this House is en- has one of their constituents come up have in large part. dorsed by these generals. And this is a to them and say, well, when are you And I think that’s important to say further example of the President’s not going to give our troops the money because I know, Mr. HODES, that as im- listening to anybody but himself and that they need to continue this fight? portant as it is to the new Members to his very, very close circle of advisers, Well, we did it today. The answer to get Iraq right, to get health care right, any of whom, if they differ from him, that question is we did it today. The to get energy right, it’s also really im- find themselves reassigned or out on Senate is going to do it tomorrow, per- portant for us to start bridging some of the street. And for some reason, the haps the following day. the gaps here. And it pains us when President doesn’t listen to his generals. Then the President has a decision to these things do hit party lines, but on He doesn’t listen to the Iraq Study make. And if he chooses to veto that something as important as Iraq, the Group. bill, the troops’ funding will be de- vote is what the vote is. And we’ll get You will recall, and I would like to layed. But that won’t be because of us. back to building those bridges as soon remind my colleagues, that he said, That will be because of a decision that as we get beyond it. when the Iraq Study Group formed and was made down the street at 1600 Penn- Mr. HODES. I thank the gentleman. You know, I was hopeful that we was going about their business of sylvania Avenue. could bring both sides of this House to- studying this situation and coming up Mr. MURPHY of Connecticut. Madam gether on this bill because our goal is with their report, that he was going to Speaker, reclaiming my time, I want to a common goal, to achieve real pay attention to what they said and make sure everybody knows that there strength and real security for America. take some of their advice. Well, unfor- are no hard lines in the sand in this We all honor our troops. We have a tunately, the report came out and was House. And, in fact, the bill that we difference in opinion, apparently along promptly discarded by the administra- voted on today is different from the party lines primarily, about how best tion, and they did nothing about what bill that we voted on about 2 weeks to achieve that. Our friends on the was in the Iraq Study Group. ago. In fact, what this House voted on, other side of the aisle, and the Presi- Now, some of the things that were and what many Members insisted upon dent, apparently, think that an open- talked about that we should engage in several weeks ago, was a hard deadline ended commitment and putting more diplomacy with countries like Iran and in the sand that said that we had to be troops into a city of 7 million people Syria, we know where the President out of Iraq by next spring or, at the into a civil war is the way to do it. We stands on that. He is not going to latest, next fall. And many of us stood believe that there is a smarter way to change with that. The Iraq Study up and said, for the reasons we talked help the Iraqis step up and to achieve Group recommended that we do set a about tonight, that in order to get the that security. timeline on our activities to increase Iraqis to finally stand up for them- Let me just talk briefly about what our leverage with the Iraqi Govern- selves, we have got to give them that this bill does, because it really does ment, as I talked about earlier. But the sense. three important things. First, it adopts President chose to discard that. He The bill that we voted on today in an the military’s own guidelines for troop chose to discard what his generals on effort to bring the President to the readiness, training and equipment. the ground said. Those that disagreed table, to get him to sign a bill that We’ve been sending our soldiers with- were reassigned, and some of them puts every dollar he asked for, and, out the right equipment, without ade- now, as Mr. HODES has pointed out, are more for troops and veterans was a quate training, and without enough

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00115 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.181 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4168 CONGRESSIONAL RECORD — HOUSE April 25, 2007 rest between deployments. They’re Mr. HODES. The bill honors our re- who we hope is joining us for the first stretched. They’ve been deployed two turning veterans by providing $2.1 bil- of many visits with the 30-Somethings. times, three times, four times. The lion more for military health care than As our veteran Members abandon us, length of their deployments have been the President requested, including $900 our new Members step up. And Mr. stretched. And we’ve adopted the mili- million for post traumatic stress dis- HODES, if you might inform folks how tary’s own guidelines to say that be- order and traumatic brain injury care they might find us via e-mail and via fore troops are sent to Iraq they must and research, and $661 million to pre- the Web. be properly equipped, they’ve got to be vent health care fee increases for our Mr. HODES. Well, as I said at the be- trained, they’ve got to be ready to go. troops. Because what they are now fac- ginning of the hour, Mr. MURPHY and I can’t understand why the President ing under this President’s policies is Mr. ALTMIRE, I’m on the ‘‘something’’ would veto a bill that adopts the mili- getting sent off to war to fight for side of 30, but I am glad to be with you tary’s own guidelines for troop readi- their country and coming home to find because I am hoping that we, together, ness. Because by his veto, he will that their health insurance costs more, have brought an energy to this Con- therefore be rejecting the military’s that the military health system is too gress that really has set a new tone and guidelines for troop readiness. He will overloaded to take care of them, and will help us set a new direction for this be saying to the American people, I am that the veterans’ system has been country, not just on the war on Iraq, perfectly satisfied with sending troops overloaded beyond capacity. but on health care, on energy, on edu- that aren’t ready into combat. Now, if the President vetoes these in- cation and all the policies that the The second thing this does is it fully creases for the veterans and wounded American people want us to get to funds the troops, as we have said. In warriors that his policies have created, work on and we’ve been working hard fact, it provides $4 billion more than it will be something that I don’t under- on. the President asked directly to the stand and I don’t think the American Before we go, I do want to say that troops. So if he vetoes the bill, he will people are going to understand. And so Speaker PELOSI’s 30-Something Work- essentially be saying I’m vetoing, I’m he has a challenge in front of him. He ing Group can be e-mailed at rejecting funding for our troops. I am has a challenge and a choice to make. [email protected]. The rejecting the funding that he asked for. And maybe between now and when this 30-Somethings, whom I am now a proud I don’t understand how he will do that, bill hits his desk, he will have one of guest, being on the something side, can but that’s what his veto will mean. those moments on the road to Damas- be visited, and here is the Web site ad- And finally, we provide a responsible cus and decide that he will face the re- dress on this chart, www.speaker.gov/ way to redeploy that actually answers ality and do right by our troops, do 30something/index.html. the concerns that people had about right by the American people, do right So I invite everybody who has been flexibility for our military com- by this country and set a new direction working tonight to visit the 30-Some- manders on the ground. Because what in Iraq. thing Web site for information on what we do is we set a date based on bench- I will kick it back to you, Mr. MUR- the agenda for America is that Demo- marks for the Iraqis that the President PHY. crats have been working on. And I himself set out in a January 10 speech Mr. MURPHY of Connecticut. We’ve thank you for the opportunity to be for the beginning of a strategic rede- got a few minutes left, so I’m going to with you. ployment, and we give the military throw it over for some closing remarks Mr. MURPHY of Connecticut. Thank commanders the flexibility on the to Mr. ALTMIRE. you very much. I thank the Speaker other end to reach the target goals. So Mr. ALTMIRE. I wanted to change for giving us this opportunity once if the President vetoes his own an- the subject here just momentarily again. nounced benchmarks for the Iraqis, I here, if I could, here at the end and just f just don’t understand it because he will mention something, because unfortu- be vetoing what he said in a speech to nately, since we’re not in session on THE FUTURE OF MEDICINE the American people on January 10 as Monday due to the unfortunate funeral The SPEAKER pro tempore. Under his idea about what the Iraqis ought to that many of our colleagues are going the Speaker’s announced policy of Jan- be doing for themselves. He set the to be attending for one of our col- uary 18, 2007, the gentleman from benchmarks, and now he said that he leagues, I wanted to mention the fact Texas (Mr. BURGESS) is recognized for intends to veto his own benchmarks. that Monday is going to be Paul Hayes, 50 minutes as the designee of the mi- It’s beyond me to understand why he’s the House reading Clerk’s last day. nority leader. going to veto what he said he wants to Paul has been here for 20 years, and to Mr. BURGESS. Madam Speaker, I do. many viewers around the country of C– come to the House tonight to talk If I can just go on for one more mo- about something that isn’t number one ment. I want to talk about some of the SPAN, he is the voice of the House of Representatives. I was going to do a 1 or number two or perhaps even number other money in this bill because this is three on the list of things that people really important. People have com- minute on Monday, but I will just do it today because we’re not going to be in are concerned about, it is number four, plained, I’ve heard it at home, about it is health care, health care in our what they think is excess domestic session on Monday and just say what an honor it has been for me, Paul, to be country that is provided by the private spending in this bill. But here’s what sector, that is provided by the public or this bill does in terms of funding that able to spend a few months as a Mem- ber with you here. the government sector. It is a debate is related to supporting our troops. that we will be hearing a lot more This bill provides $3 billion more for I was a staffer, as Mr. MURPHY about as we get deeper into a year mine-resistant ambush-protected vehi- knows, on Capitol Hill for 6 years in that’s going to be consumed by presi- cles for troops in Iraq. the early 1990s, and we used to watch Mr. MURPHY of Connecticut. That Paul Hayes at work. And it has just dential politics. Right now in our country we have an doesn’t sound like pork. been a great experience for me to come Mr. HODES. That’s not pork. This back as a Member of Congress and amalgam, if you will, of health care, bill provides $2 billion more for a Stra- briefly be able to, for about 4 months, part paid by the government, part paid tegic Reserve Readiness Fund to meet to be able to serve and work with you, by the private sector. I am oversimpli- the troops’ readiness needs. Paul. So I just wanted to say congratu- fying for the purposes of debate, but Mr. MURPHY of Connecticut. That lations, and we wish you all the best. the public or government sector, in doesn’t sound like pork either. Mr. MURPHY of Connecticut. Well, it pure dollar amounts, accounts for Mr. HODES. That’s not pork either. pains me to admit that I spent far too about 50 percent of the health care ex- It provides $1.1 billion more for need- much of my life watching this House penditures in this country. The private ed military housing. Does that sound from a distance. And so I share those is sector insures about 160 million like pork? thoughts and I am so glad Mr. ALTMIRE Americans, and that is roughly 50 per- Mr. MURPHY of Connecticut. That would bring that up on this day. cent of the lives covered by private in- doesn’t sound like pork to me, Mr. With that, before we end our hour, surance in this country. And we will HODES. we’re going to allow our honored guest, have the debate, as the presidential

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00116 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.182 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4169 year unfolds, more government, more vantage Plans or the HMOs, and part D the SGR formula with the Medicare private sector. But tonight, what I is the prescription drugs. But while it Economic Index was $218 billion. Clear- really want to do is focus on the physi- is an integrated program, the funding ly, that is a lot of money, and it dis- cian workforce, the physician work- for Medicare actually exists in funding rupts any budget that either party force that we have now and the physi- silos. might put up there. So, as a con- cian workforce that we might expect to If we look at the comparative pay- sequence, I didn’t get a lot of activity have in the future. ment updates from the year 2002 to pro- on that bill last year. It is still impor- Alan Greenspan, about a year and a jected 2007, you see that there is some- tant to do. And every year that we half ago, right as his last days at the thing wrong with this picture. And delay doing something, and even those Fed were winding down came and what is wrong with the picture is that years that we come in and it looks like talked to a group of us one morning, physician reimbursement in part B is we fixed it a little bit, we actually just and inevitably the question came up significantly lagging behind the pay- compound the problem and make it about Medicare. In fact, we saw the ment updates for the Medicare Advan- worse in subsequent years. trustee’s report yesterday; everyone is tage Plan’s hospitals and nursing So in just very general terms for this concerned about the funding for Medi- homes are shown on this graph. And evening’s talk, we have got a lot of care, the future obligation that is there there is a reason for that. It is really people who are going to be joining the in Medicare. And Mr. GREENspan was not a very difficult reason: Medicare Medicare generation. As the baby pretty circumspect, he said, ‘‘At some Advantage Plan’s hospitals and nursing boomers age and retire, the demand for point I expect the Congress to deal homes receive every year essentially a services is going to go nowhere but up. with the problem of funding.’’ And then cost-of-living update. It is a market- And if the physician workforce trends he went on to say, ‘‘What concerns me basket update that they receive based continue as they are today, we may be more is will there be anyone there to on the cost of inputs from the previous not talking about funding a Medicare provide the services when you want year. CMS has actuaries that go back program, we may be talking about them?’’ That really struck a cord with and figure this out: What did it cost there is no one there to take care of me. And in fact last month, the month the hospitals to provide the care that the seniors. of March, back in my home State of they delivered to our seniors? In my home State of Texas, the num- Part B is calculated differently. Part Texas my Texas Medical Association ber of physicians between 1995 and 2005 B is what is described as a volumetric puts out a periodical every month increased by 46 percent or nearly 5,000. formula. It weights volume and inten- Okay, that is good, it went up. How- called ‘‘Texas Medicine,’’ and the cover sity. But basically you have a fixed story was in fact dedicated just to that ever, the State is still below the na- amount of money, a finite pie, that if tional average, the national average concept, ‘‘Running Out of Doctors.’’ more and more people are submitting And the thrust of the article is how do being 230 physicians per 100,000 popu- claims, the slices get progressively lation. In Texas the ratio, even with we keep the medical students that we smaller. And in 2002, you can see there the increase, is 186 to 100,000 residents. graduate from Texas schools, how do was a big drop. The reason 2003, 2004, we keep them practicing in Texas, par- The American Academy of Family 2005 are not a downward projection is Physicians predicts serious shortages ticularly in the high-need areas in because in fact at the last minute, Con- Texas? And concentrating on the phy- of primary care doctors in five States, gress swept in and said we are going to including Texas, and says that all sician workforce is what I want to do do something to prevent this from hap- during this discussion, in the time that States will have some level of family pening. And, in fact, doctors got a mod- physician shortage by the year 2020. I have available for the discussion this est update in 2003, 2004, 2005. 2006 The Council on Graduate Medical Edu- evening. doesn’t really show up because that cation, a congressionally authorized My perspective, of course, 30 years was a zero percent update. ago I graduated from medical school in Now, Madam Speaker, I have not entity, estimates that after 2010, Houston, Texas, so I do have the per- been in Washington all that long, but I growth in the physician workforce will spective of looking back over the last have learned some of the parlance and slow substantially; and after 2015, the 30 years. But I also want us to look the lexicon that we use here. And in rate of population growth will exceed over the horizon to the next 30 years. any other Federal program or any the rate of growth for the number of What about the young man or woman other federally funded program, if you doctors. In other words, we won’t be who is graduating from medical school are held to a level funding or a zero keeping up anymore. At the same time, this year, what kind of world do they percent update for that year, anyone the demand is only going to increase want to find themselves practicing in? else would regard that as a cut. But we year over year, resulting in critical What type of practice environment do told the doctors that was great, you shortages, particularly in primary they want to see that we have laid out are going to get a zero update for that care, but the reality is all specialties for them 30 years from now? It is going year and you will be happy for it. may well be affected. to be important that we take the cor- Projected for 2007, if we don’t do So my thesis, my proposition, is that rect steps today in order to provide the something, is going to be a substantial Congress needs to approach this sort of correct practice environment 30 years decrease. Once again, we may very well as a three-pronged attack or a three- from now. ride in at the last minute and do some- pronged solution to mitigate this Since we’re talking about the physi- thing to blunt the effect of that; but shortage for the future, to improve cian workforce, the part that the gov- year in and year out, this problem con- payments to current doctors, keep ernment pays for is paramount, that is tinues; and the real insidious part of them in practice longer, improve Fed- critical. And really the thing that I this is the dollars to fix the problem eral assistance to medical students, en- want to focus on of that government get higher and higher every year. courage students to go into high-need sector is the pricing and the payment Last year I introduced a bill to just specialties, and increase the number of schedule in the Medicare program simply do away with the SGR and re- residency training programs, particu- itself. place the SGR with a market-basket larly in rural and suburban areas, and update. It is called the Medicare Eco- keep the physician pipeline open. 2315 b nomic Index. And it is not my idea; a To do that, I am going to be next Medicare, a good program, just cele- group called MedPac, a Medicare Pay- week introducing three bills to deal brated its 41st or 42nd birthday. We had ment Advisory Commission, worked with those three areas. The first, to in- the second anniversary of the prescrip- this out in actuarial fashion some sure the physician workforce, really tion drug benefit part D, which in my years ago. And the Medicare Economic deals with the Medicare funding and first year here we passed in 2003 and Index would in fact provide a 2 to 21⁄2 the SGR. You talk to doctors my age, was added on in the year 2006. percent update for most years based on those who graduated from medical Medicare is an integrated program. the cost of input for the physicians schools 30 years ago, and their con- Part A is the hospital, part B is the providing the services to the patient. cerns are really consistent. They are doctor’s care, part C is the Medicare, The cost last year scored by the Con- concerned about the liability environ- what is now called the Medicare Ad- gressional Budget Office of replacing ment, which is not part of tonight’s

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00117 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.183 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4170 CONGRESSIONAL RECORD — HOUSE April 25, 2007 discussion but one that we certainly it repealed? Remember, it costs a tre- The same considerations may apply need to have and I hope we do have in mendous amount of money to do that. to the Medicaid program as well, so it this Congress this year. Their concern Another problem that we have in Con- will be a very useful exercise to go is the year-over-year reduction in pay- gress is we are required to submit all through that and identify those top 10 ment that the Center for Medicare and legislation to the Congressional Budget conditions. And where cost savings Medicaid Services comes up with for Office to find out how much it costs. If may be most easily gathered, not only physician reimbursement. And it is not we are going to be spending the tax- will it have an improving effect on just a question of doctors wanting to payers’ money, how much are we going Medicare, but I suspect on Medicaid as make more money; it turns to be a real to spend? Over what time will we spend well. We are going to establish quality patient access problem, because there it? measures focusing on these core condi- is not a week that goes by that I don’t So that is not unreasonable, but be- tions, and that is where the add-on get a letter or fax from someone who cause of the constraints of the Congres- payment for those 2 years, that is sional Budget Office, we are not al- says, you know what, I have just had where half of it will come from. A 21⁄2 enough and I am going to retire early, lowed to do dynamic scoring. We all percent update for those physicians I am no longer going to see Medicare knew, for example, when we began the who do voluntarily report quality patients in my practice, or I am going prescription drug benefit 2 years ago, measures on those top 10 conditions, to restrict the procedures that I offer that if you deliver medications in a that is where the protection from the Medicare patients. timely fashion, the timely treatment continuation of the SGR for 2 years, of disease, you are going to get better Unfortunately, I know that is hap- that is where that protection will de- patient outcomes. And, in fact, that is pening because I saw it in the hospital rive from. what the trustee’s report for Medicare environment before I left the practice We are going to report back to doc- that was released yesterday, although of medicine to come to Congress. But I tors on what their volume and inten- it still shows that we have got a big also hear it in virtually every town sity is. This information will not be problem in paying for Medicare, the ac- hall that I do back in my district. made generally public, but it will be tual outlays for Medicare were down. Someone will raise their hand and say, made available to the individual physi- And the reason they were down, I sus- How come on Medicare, you turn 65 and cian so they can see how they are pect, is a compendium of things; but you have got to change doctors? And doing, how they are doing relative to part of it is treating disease in a timely the answer is, because their doctor fashion, not always catching it at the other doctors in their practice, other found it no longer economically viable end stage but treating it at the begin- doctors in their community, other doc- to continue to see Medicare patients ning, you are going to end up with tors around the country. because they weren’t able to pay the more functional individuals, to be sure, But the important point here is these cost of delivering the care, let alone so they are going to continue to be pro- are voluntary measures that will pro- making any money on top of it. They ductive in society. But the overall cost tect the physicians from the cuts that weren’t able to cover the cost of pro- of Medicare is going to go down. are inevitably going to occur as a re- viding the care. Unfortunately, we can’t do that look- sult of the SGR program until the SGR So in the bill to address that, the bill ahead with the Congressional Budget can actually be repealed. that I introduced last year, again, just Office and say, you know, I think if we b 2330 simply repealed the SGR outright. The do this, we are going to save some But, physicians can opt to take ad- difficulty that I had with that was, money. So give me credit for that again, just the cost was too high. But if vantage of the bonuses, and it is going against that SGR score that you al- to return some value back to their we do that over time, perhaps we can ways rate my bill with. They won’t and businesses and return value to the tax- bring that cost down to a level where it they can’t do that. payer. Again, there may be an unin- is manageable. So by postponing the repeal of the Getting the payment policy right in SGR by 2 years’ time, taking the sav- tended benefit for the parallel Federal Medicare is going to be the first order ings that occurs during that time and program to cover poor Americans of business for preserving the physician applying it to the SGR formula, actu- under the Medicaid program if some of workforce. Paying physicians fairly ally may give us a number that is do- these programs deliver the benefit will extend the careers of many physi- able as far as releasing the SGR and re- back that it is anticipated that they cians who are now in practice who placing it with the Medicare Economic will. would otherwise opt out of the Medi- Index. The quality measures are going to be care program, seek early retirement, or One of the main thrusts of this bill is built around these high-cost condi- restrict those procedures that they to require the Center for Medicare and tions, and strive to improve the quality offer to their Medicare patients. Medicare Services to look at their top of care not only for those conditions It also has the effect of insuring an 10 conditions that drive the highest and patients, but to drive down the adequate network of doctors available percentage of payments in Medicare cost of delivering Medicare. to older Americans as this country part B, and require CMS to adopt re- There is also going to be a provision makes the transition to the physician porting measures relating to these con- in the bill to help physicians’ offices to workforce of the future. ditions that have already been devel- bring their information technology, In the bill, the SGR formula, this oped. It is not reinventing the wheel. their infrastructure, hardware and volume-based formula would be re- The AMA Physician Consortium has al- software, bring it up to a standard pealed in 2010, 2 years from now, but ready developed those reporting meas- where it will begin to derive benefit to also provide incentive payments based ures that drive that spending so high. not only the patient and the practice on quality reporting and technology You know, the old famous bank rob- but to the Medicare system in general. improvements to protect the prac- ber Willie Sutton when he was asked The percentage add-on payment is ticing physician against that 5 percent why do you rob the bank, he said that proposed to be 21⁄2 percent, so those two cut that is likely to happen in 2008 and is because that is where the money is. bonus payments in aggregate would be 2009. That would be voluntary. No one Let’s go to those top 10 things where 5 percent. And again, that is designed would be required to participate in the the greatest amount of money is spent, to be a protection against what are the quality program or the technology im- because that is where the greatest anticipated reductions in payments provement, but it would be available to amount of savings can occur. If we can that would occur in 2008 and 2009. those doctors or practices who wanted deliver care in a more timely fashion The provision will also create a safe to offset the proposed cuts that will and if we can improve outcomes, we are harbor that will allow clinics, physi- occur in physician reimbursement in actually going to spend less. And by fo- cians’ offices, and hospitals to share the 2 years until the formal repeal of cusing on those top 10 programs, at health information technology plat- the SGR happens. least initially, that will be the greatest forms, and the standards will be estab- Now, why do it that way? Why not return on investment for CMS and ulti- lished and available to physicians’ just bite the bullet and let’s go ahead mately will be the greatest return on practices so they will understand how and get the SGR out of the way and get investment for retiring the SGR. they need to comply with this. The

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00118 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.184 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4171 standards must be established no later The problem is the medical records So the second bill or the second than January 1, 2008. from the Department of Defense and prong of this three-pronged approach Madam Speaker, I wasn’t always a the Department of Veterans Affairs do would be to develop a program that big proponent of things like electronic not possess the interoperability nec- would permit hospitals that do not tra- records. I wasn’t sure if it would de- essary to make this type of activity ditionally operate a residency training liver the payoff that people said it unnecessary. program, allow them the opportunity would. But here is a picture of the med- So clearly delivering value to the pa- to start a residency training program ical records department in Charity tient, particularly a patient in that sit- to build the physician workforce of the Hospital in New Orleans. This picture uation, is of paramount importance. future. was made in January 2006, about 4 or 5 And it is my contention that if we do This bill would create a loan fund months after Hurricane Katrina and make the bonus payment generally available to hospitals to create resi- the downtown flooding that occurred. available to physicians, this will be dency training programs where none It is the medical records room. These something that they will embrace. has operated in the past. The programs records are ruined. You can see, this is There is a learning curve, to be sure. It would require full accreditation and not smoke or soot damage, this is is going to slow people down a little bit generally be focused in rural, suburban, black mold that is growing on the initially. But ultimately, the rapidity inner urban or frontier community records. You look there and it almost of the system will be impressive. And hospitals. goes on to infinity, tens of thousands, even in a smaller physician’s office the On average, it costs $100,000 a year to hundred of thousands of records that ability, just think, never having to train a resident and that cost for a were active, ongoing charts of people’s wait while they find your medical smaller hospital can be prohibitive. medical conditions absolutely now un- record because somebody didn’t put it The other issue is in 1997 the Congress available. No one is going to get into back in the right place. I know it hap- passed what was called the balanced that medical records department and pened in my medical practice, and I budget amendment and within that there is a residency cap that also lim- risk inhaling the spores from the mold suspect it happens in offices across the its resources to nontraditional resi- that is covering those charts. country on a regular basis. If nothing dency hospitals such as smaller com- This is the kind of problem that you else, you will save that time and em- munity hospitals. For the purposes of can get into with a paper medical barrassment of not being able to locate this bill, the loan amount to any insti- record. Of course the youngsters of a patient’s record. today, the college students of today, One of the problems last year when tution would not exceed $1 million, and the young physicians of today, they we dealt with trying to provide the the loan itself would constitute start- up funding for a new residency pro- understand this very well. They are all health information technology bill gram. And the start-up money is essen- connected and wired in. They would no that we passed here in the House and tial. Since Medicare graduate medical more imagine turning in or doing a were never able to come to agreement education funding can be obtained only paper for one of their classes where with the Senate, part of the difficulty once a residency program is firmly es- they just had a single copy, a single was being able to have the hospital and tablished, the cost to start a training paper copy, the old adage ‘‘the dog ate the clinic and the physician, there may program for a smaller, more rural or my homework,’’ most students will need to be some relaxation in what are suburban hospital can be cost prohibi- have a paper on a disk, on a flash drive called the star clause to allow safe har- tive because these hospitals operate on and readily accessible and retrievable bors so that these conditions can be much narrower margins. in many forms. We should do no less met. The overall bill would authorize a But the reality is that once people with our medical records. total of $25 million to be available over become used to this technology will But it costs money to do this. It is 10 years. The fund, of course, would be going to require a push for the private embrace it. The other unintended con- replenished because these are con- sector. I prefer to think as a bonus pay- sequence, the other unintended benefit structed as loans and the Health Re- ment as being an inducement, an en- of this is the rapidity with which the sources Service Administration may ticement for physician’s offices to par- system can learn. When I say the sys- make the loans available to new loan ticipate in this type of program. But it tem, the entire health care system be- applicants or extend loans to increase is also just good medicine. It is good cause wouldn’t it be nice to know the number of residency slots available patient care. which treatments deliver on the prom- at existing programs or a loan to con- We all heard about the troubles at ise of getting people better faster at a tinue newly established residency pro- Walter Reed Hospital a few months lower cost. Wouldn’t it be great to have grams to hospitals that have been ap- ago. I went out to Walter Reed prob- that information and know what treat- proved. ably the week after the story broke in ments were effective and what treat- To be eligible, a hospital must dem- the Washington Post and talked to this ments were only marginal? That infor- onstrate that they currently do not op- young man who took me around Build- mation can be literally at a physician’s erate a residency training program, ing 18. Yes, there was some concern. It fingertips with the right type of com- have not operated a residency training was a crummy building. But his biggest puter architecture and technology en- program in the past, and that they concern was spending hours and hours vironment. I believe the time has come have secured preliminary accreditation with his medical record, his service that we do need to embrace that. by the American Council on Graduate record, going through the various parts So the bill will include a Federal in- Medical Education. of that and highlighting things. He had centive to implement health informa- Additionally, the petitioning hospital a yellow marker, a highlighter, high- tion technology along with provisions must commit to operating an lighting parts of his medical record be- providing safe harbors for the sharing allopathic or osteopathic residency cause this is how he was going to es- of software, technical assistance and program in one of five medical special- tablish the benefits that he was going hardware, as well as the creation of ties, or a combination of these special- to receive in the VA system for his dis- consortiums. ties: Family medicine, internal medi- ability. Now, it is not just about physicians cine, emergency medicine, obstetrics He said I can spend 20 man-hours put- my age, because we have got to also and gynecology, or general surgery. ting this medical record together and concentrate on helping the younger Again, the hospital may request up to it ends up on someone’s desk and it doctors with residency programs. The $1 million to assist in the establish- doesn’t get picked up, and then no one funny thing about doctors is we to have ment of this new residency program. can find it and I have to start all over a lot of inertia. A lot of us tend to Funding could be used to offset the again. That was his main message to practice very close to where we did our cost of the residents’ salaries and bene- me that day. training. So the idea to get more train- fits, faculty salaries and other costs di- Now the VA system has been indeed ing programs in areas that are under- rectly attributable to the residency very forward-thinking in its embrace of served, rural areas, inner city areas, to program. electronic medical records and its in- get more training areas where the doc- The bill would require the Health Re- vestment in information technology. tors themselves are actually needed. sources Services Administration to

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00119 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.186 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4172 CONGRESSIONAL RECORD — HOUSE April 25, 2007 study the efficacy of this program in patients in underserved areas or high- tive program, provided they are willing increasing the number of residents in risk populations. Now, I know we can to give back some time in a medically family medicine, internal medicine, all think of areas like that in our home underserved area in a specialty that is and primary care, and whether the pro- districts and home States. in high medical need. gram led to an increase in the number Also, in an area such as the gulf I believe that by taking these three of available practitioners in these spe- coast area where so many physicians steps, Madam Speaker, we really will cialty areas, particularly in under- left after the devastating twin hurri- go a long way towards alleviating the served areas. The loans would be made canes of Katrina and Rita a year and a physician shortage. There is no ques- available beginning January 1, 2008, half ago, it has been very hard on doc- tion that we are going to need to de- and the program would be sunsetted in tors in those areas. Many doctors have vote a lot more time and energy to how 10 years time, January 1, 2018, unless left. It is going to be difficult to at- we approach the problem dealing with Congress elected to reauthorize the tract doctors back to that area, and health care in this country and dealing program. this will be yet one more tool, one with the uninsured. I expect to have The third prong of the physician more way, to get doctors to consider many more hours on subsequent eve- workforce for the future would be en- practicing in an area where the need is nings in the coming weeks to talk suring the availability for adequate fu- great. about just this problem and just what ture physicians, and provide medical This encourages States to establish are some of the approaches that may students with assistance and incentives Physician Workforce Commissions, es- be taken. to practice in shortage specialties and pecially in rural areas and in certain We had a fairly long hearing in com- shortage areas. practice specialties such as family mittee this morning, in my committee, The third bill would establish a mix medicine, again basically primary care, the Health Subcommittee of Energy of scholarships, loan repayment funds, by exempting from income tax any and Commerce, hearing from a variety and tax incentives to entice more stu- amount paid by the Physician Work- of people about how to provide addi- dents to medical school and create in- force Commission in the form of salary tional care for the uninsured. Again, it centives for those students and newly to a physician who has signed a con- is going to be a lively debate, what minted doctors to become primary tract with the political subdivision to happens in the private sector or do we care, family physicians, general sur- practice in that area for any amount of just simply give it over to a govern- geons, OB/GYNs and practice in short- time, no fewer than 4 years. ment program, perhaps bring the age age areas such as rural or frontier Every year there would be a report for eligibility for Medicare down lower areas. back to Congress about the effective- and lower, expanding the SCHIP pro- This bill would provide additional ness of this program, that is, once gram higher and higher, and then the educational scholarships in exchange again, are we spending our dollars two programs will meet in the middle for a commitment to serve in a public wisely, are we getting what we thought and provide coverage for everyone in or private nonprofit health facility de- we would get when we initiated that the country. I do not think that is nec- termined to have a critical shortage of program. essarily a good way to go. primary care physicians. So, Madam Speaker, those are three I think there are some reasons that bills that, again, I will be introducing the private practice of medicine does 2345 b during the week next week after we get bring value to the entire American Such scholarships will be treated as back. I think these, while they may medical system. There is no question equivalent to those made under the Na- not be the answer to all the problems, we have no shortage of critics in this tional Health Service Corps Scholar- certainly focus on where the problem country and around the world about ship Program and penalties apply for areas exist, that is, physicians who are the system of health care in this coun- those that take advantage of the schol- my age, 50 years plus or minus a little try, but my opinion, it is the American arships but do not go into one of those bit, who are in the Medicare program system that stands at the forefront of practice areas. but looking to drop out or opt out be- innovation in new technology, pre- This will be a 5-year authorization, cause they can no longer continue cisely the types of system-wide authorizing these loans and grants to their practices because we in Congress changes that are going to be necessary be $5 million a year. The scholarship are cutting reimbursements to the to efficiently and effectively provide amounts will not exceed $30,000 per point where we are no longer paying care for Americans in the future. year. The scholarship amounts may be our fair share. We are no longer paying There was an article in the New York adjusted based on financial need, geo- the freight on taking care of Medicare Times published October 5, 2006, by graphic difference and educational patients, but in addition to that, look- Tyler Cowan. He writes, ‘‘When it costs. ing over the horizon to the future, comes to medical innovation, the Again, this is going to be adminis- being sure that we have the physician United States is the world leader. In tered through the Department of workforce of the future, to provide care the past 10 years, for instance, 12 Nobel Health and Human Services, specifi- for the baby boomers who are getting prizes in medicine have gone to Amer- cally through the Health Resources older, but just being able to provide ican-born scientists working in the Service Administration. that care in general. United States, three have gone to for- This program will have an estab- In fact, we are not even talking eign-born scientists working in the lished repayment program for students about just the Medicare population United States, and just seven have who agree to go into family practice, here. We are talking about doctors who gone to researchers outside of the internal medicine, emergency medi- are going to work in primary care in a country.’’ cine, general surgery, or OB/GYN, and medically underserved area in a spe- But he does go on to point out that practice in underserved areas. Again, cialty which is in short supply in that five of the six most important medical HRSA will administer and promulgate area. That dual approach of increasing innovations of the past 25 years have the requirements. Recipients must the number of residency slots, again, been developed within and because of practice in the prescribed specialty and doctors tend to go into practice and the American system. prescribed area, which is designated as stay in practice where they trained, The fact is the United States is not an underserved area, and the practices and the other, a loan forgiveness pro- Europe. American patients are accus- may include solo or group practices, gram and a tax incentive program to tomed to wide choices when it comes to clinics, public or private nonprofit hos- young physicians getting out of school, hospitals, physicians, and pharma- pitals. Again, a 5-year authorization at may have several hundred thousand ceuticals. Because our experience is $5 million per year. dollars in debt from their under- unique in this country, because Ameri- This will establish the Primary Care graduate and then their medical school cans indeed are exceptional and we are Physician Retention and Medical Home training, this is a way for them to different from the types of programs Enhancement grants to help ensure begin their careers without having that that are in other countries, this dif- that primary care physicians continue incredible debt load to carry with ference should be acknowledged and to provide coordinated medical care to them, a loan forgiveness, a tax incen- embraced, whether we are talking

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00120 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.187 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4173 about public or private health insur- the extent necessary to protect the safety of period of April 1, 2006 through March 31, 2007, ance programs. that individual or a family member of that pursuant to 8 U.S.C. 1182d; to the Committee Madam Speaker, it has been a long individual, and for other purposes. on Foreign Affairs. 1277. A letter from the Assistant Secretary f day and we have gone fairly late into for Legislative Affairs, Department of State, the evening. I appreciate the time. ADJOURNMENT transmitting a copy of Presidential Deter- f mination No. 2007-16, pursuant to Section Mr. BURGESS. Madam Speaker, I 534(d) of the Foreign Operations, Export Fi- SPECIAL ORDERS GRANTED move that the House do now adjourn. nancing and Related Program By unanimous consent, permission to The motion was agreed to; accord- Apporpriations Act of 2006, Pub. L. 109-102; to address the House, following the legis- ingly (at 11 o’clock and 53 minutes the Committee on Foreign Affairs. lative program and any special orders p.m.), the House adjourned until to- 1278. A letter from the Assistant Secretary morrow, Thursday, April 26, 2007, at 10 for Legislative Affairs, Department of State, heretofore entered, was granted to: transmitting a proposed removal from the (The following Members (at the re- a.m. United States Munitions List of the Com- quest of Mr. CUMMINGS) to revise and EXECUTIVE COMMUNICATIONS, mercial Primary Instrument Systems, pursu- extend their remarks and include ex- ETC. ant to Section 38(f) of the Arms Export Con- traneous material:) trol Act; to the Committee on Foreign Af- Mr. CUMMINGS, for 5 minutes, today. Under clause 8 of rule XII, executive fairs. 1279. A letter from the Assistant Secretary Mr. MCDERMOTT, for 5 minutes, communications were taken from the Speaker’s table and referred as follows: for Legislative Affairs, Department of State, today. transmitting a report pursuant to the Coop- 1269. A letter from the Deputy Director, Mrs. MCCARTHY of New York, for 5 erative Threat Reduction Act of 1993 and the Defense Security Cooperation Agency, trans- minutes, today. FREEDOM Support Act; to the Committee mitting Pursuant to the reporting require- Mr. DEFAZIO, for 5 minutes, today. on Foreign Affairs. ments of Section 36(b)(1) of the Arms Export 1280. A letter from the Chairman, Federal Mr. WATSON, for 5 minutes, today. Control Act, as amended, Transmittal No. 07- Communications Commission, transmitting Ms. JACKSON-LEE, for 5 minutes, 16, concerning the Department of the Air the Commission’s FY 2006 Annual Report re- today. Force’s proposed Letter(s) of Offer and Ac- quired by Section 203 of the Notification and Mr. WYNN, for 5 minutes, today. ceptance to Norway for defense articles and Federal Antidiscrimination and Retaliation services, pursuant to 22 U.S.C. 2776(a); to the (The following Members (at the re- Act of 2002, Pub. L. 107-174; to the Committee Committee on Foreign Affairs. quest of Mr. CONAWAY) to revise and ex- on Oversight and Government Reform. tend their remarks and include extra- 1270. A letter from the Deputy Director, 1281. A letter from the Secretary, Federal neous material:) Defense Security Cooperation Agency, trans- Maritime Commission, transmitting the mitting Pursuant to the reporting require- Commission’s report on the amount of acqui- Mr. POE, for 5 minutes, on May 2. ments of Section 36(b)(1) of the Arms Export Mr. BOOZMAN, for 5 minutes, today. sitions made by the commission from enti- Control Act, as amended, Transmittal No. 07- ties that manufacture articles, materials or Mr. DUNCAN, for 5 minutes, today. 12, concerning the Department of the Navy’s supplies outside the United States, pursuant Mr. MURPHY of Pennsylvania, for 5 proposed Letter(s) of Offer and Acceptance to to Section 641 of the Consolidated Appropria- minutes, today. Korea for defense articles and services, pur- tions Act of 2005; to the Committee on Over- Mr. CONAWAY, for 5 minutes, today. suant to 22 U.S.C. 2776(a); to the Committee sight and Government Reform. Mr. JONES of North Carolina, for 5 on Foreign Affairs. 1282. A letter from the Director, National minutes, May 1, 2, and 3. 1271. A letter from the Deputy Director, Science Foundation, transmitting the Foun- Defense Security Cooperation Agency, trans- dation’s annual report for FY 2006 prepared Mr. PRICE of Georgia, for 5 minutes, mitting Pursuant to the reporting require- today. in accordance with Title II of the Notifica- ments of Section 36(b)(1) of the Arms Export tion and Federal Employee Antidiscrimina- f Control Act, as amended, Transmittal No. 07- tion and Retaliation Act of 2002 (No FEAR 21, concerning the Department of the Air SENATE ENROLLED BILL SIGNED Act), Public Law 107-174; to the Committee Force’s proposed Letter(s) of Offer and Ac- on Oversight and Government Reform. The SPEAKER announced her signa- ceptance to Israel for defense articles and 1283. A letter from the Director, Office of ture to an enrolled bill of the Senate of services, pursuant to 22 U.S.C. 2776(a); to the Personnel Management, transmitting the Of- the following title: Committee on Foreign Affairs. fice’s ‘‘Major’’ final rule — Examining Sys- 1272. A letter from the Deputy Director, S. 521. An act to designate the Federal tem and Programs for Specific Positions and Defense Security Cooperation Agency, trans- Examinations (Miscellaneous) (RIN: 3206- building and United States courthouse and mitting Pursuant to the reporting require- customhouse located at 515 West First Street AK86) received March 22, 2007, pursuant to 5 ments of Section 36(b)(1) of the Arms Export U.S.C. 801(a)(1)(A); to the Committee on in Duluth, Minnesota, as the ‘‘Gerald W. Control Act, as amended, Transmittal No. 07- Heaney Federal Building and United States Oversight and Government Reform. 17, concerning the Department of the Navy’s 1284. A letter from the District of Columbia Courthouse and Customhouse’’. proposed Letter(s) of Offer and Acceptance to Auditor, Office of the District of Columbia f Turkey for defense articles and services, pur- Auditor, transmitting a report entitled, suant to 22 U.S.C. 2776(a); to the Committee BILLS PRESENTED TO THE ‘‘Letter Report: Sufficiency Review of the on Foreign Affairs. Water and Sewer Authority’s Fiscal Year PRESIDENT 1273. A letter from the Deputy Director, 2007 Revenue Estimate in Support of Lorraine C. Miller, Clerk of the Defense Security Cooperation Agency, trans- $50,000,000 in Commercial Paper Notes’’; to House, reports that on April 24, 2007, mitting Pursuant to the reporting require- the Committee on Oversight and Govern- she presented to the President of the ments of Section 36(b)(1) of the Arms Export ment Reform. Control Act, as amended, Transmittal No. 07- United States, for his approval, the fol- 1285. A letter from the President & CEO, 11, concerning the Department of the Navy’s Overseas Private Investment Corporation, lowing bills. proposed Letter(s) of Offer and Acceptance to transmitting the Corporation’s FY 2006 An- H.R. 137. To amend title 18, United States Korea for defense articles and services, pur- nual Report required by Section 203 of the Code, to strengthen prohibitions against ani- suant to 22 U.S.C. 2776(a); to the Committee Notification and Federal Antidiscrimination mal fighting, and for other purposes. on Foreign Affairs. and Retaliation Act of 2002, Pub. L. 107-174; H.R. 727. To amend the Public Health Serv- 1274. A letter from the Assistant Legal Ad- to the Committee on Oversight and Govern- ice Act to add requirements regarding trau- viser for Treaty Affairs, Department of ment Reform. ma care, and for other purposes. State, transmitting Copies of international 1286. A letter from the Program Analyst, H.R. 753. To redesignate the Federal build- agreements, other than treaties, entered into Department of Transportation, transmitting ing located at 167 North Main Street in Mem- by the United States, pursuant to 1 U.S.C. the Department’s final rule — Standard In- phis, Tennessee, as the ‘‘Clifford Davis and 112b(a); to the Committee on Foreign Affairs. strument Approach Procedures; Miscella- Odell Horton Federal Building’’. 1275. A letter from the U.S. Global AIDS neous Amendments [Docket No. 30533 ; H.R. 1003. To amend the Foreign Affairs Coordinator, Department of State, transmit- Amdt. No. 3203] received March 15, 2007, pur- Reform and Restructuring Act of 1998 to re- ting a certification related to the Global suant to 5 U.S.C. 801(a)(1)(A); to the Com- authorize the United States Advisory Com- Fund to Fight AIDS, Tuberculosis and Ma- mittee on Transportation and Infrastruc- mission on Public Diplomacy. laria, pursuant to Public Law 109-102, section ture. H.R. 1130. To amend the Ethics in Govern- 525; to the Committee on Foreign Affairs. 1287. A letter from the Program Analyst, ment Act of 1978 to extend the authority to 1276. A letter from the Assistant Secretary Department of Transportation, transmitting withhold from public availability a financial for Legislative Affairs, Department of State, the Department’s final rule — Standard In- disclosure report filed by an individual who transmitting a Report on Denial of Visas to strument Approach Procedures; Miscella- is a judicial officer or judicial employee, to Confiscators of American Property for the neous Amendments [Docket No. 30531 ;

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00121 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.188 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4174 CONGRESSIONAL RECORD — HOUSE April 25, 2007 Amdt. No. 3201] received March 15, 2007, pur- ment 39-14887; AD 2007-01-15] (RIN: 2120-AA64) 1304. A letter from the Program Analyst, suant to 5 U.S.C. 801(a)(1)(A); to the Com- received March 15, 2007, pursuant to 5 U.S.C. Department of Transportation, transmitting mittee on Transportation and Infrastruc- 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Airworthiness ture. tation and Infrastructure. Directives; Empresa Brasileira de 1288. A letter from the Program Analyst, 1296. A letter from the Program Analyst, Aeronautica S.A. (EMBRAER) Model EMB- Department of Transportation, transmitting Department of Transportation, transmitting 145XR Airplanes [Docket No. FAA-2006-24440; the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness Directorate Identifier 2006-NM-058-AD; Directives; SOCATA — Groupe Aerospatiale Directives; Bombardier Model CL-600-2B19 Amendment 39-14862; AD 2006-26-04] (RIN: TB 20 and TB 21 Airplanes [Docket No. FAA- (Regional Jet Series 100 & 440) Airplanes 2120-AA64) received March 15, 2007, pursuant 2006-26236 Directorate Identifier 2006-CE-66- [Docket No. FAA-2005-22559; Directorate to 5 U.S.C. 801(a)(1)(A); to the Committee on AD; Amendment 39-14891; AD 2007-02-04] (RIN: Identifier 2005-NM-076-AD; Amendment 39- Transportation and Infrastructure. 2120-AA64) received March 15, 2007, pursuant 14879; AD 2007-01-07] (RIN: 2120-AA64) received 1305. A letter from the Program Analyst, to 5 U.S.C. 801(a)(1)(A); to the Committee on March 15, 2007, pursuant to 5 U.S.C. Department of Transportation, transmitting Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Airworthiness 1289. A letter from the Program Analyst, tation and Infrastructure. Directives; Pratt & Whitney Canada (P&WC) Department of Transportation, transmitting 1297. A letter from the Program Analyst, PW535A Turbofan Engines [Docket No. FAA- the Department’s final rule — Airworthiness Department of Transportation, transmitting 2006-26112; Directorate Identifier 2006-NE-35- Directives; Rolls-Royce Deutschland Ltd & the Department’s final rule — Airworthiness AD; Amendment 39-14837; AD 2006-24-08] (RIN: Co KG Dart 528, 529, 532, 535, 542, and 555 Se- Directives; Bell Helicopter Textron Canada 2120-AA64) received March 15, 2007, pursuant ries Turboprop Engines. [Docket No. FAA- Model 206A, B, L, L-1, L-3, and L-4 Heli- to 5 U.S.C. 801(a)(1)(A); to the Committee on 2006-24825; Directorate Identifier 2006-NE-17- copters [Docket No. FAA-2005-22696; Direc- Transportation and Infrastructure. AD; Amendment 39-14894; AD 2007-02-07] (RIN: torate Identifier 2005-SW-22-AD; Amendment 1306. A letter from the Program Analyst, 2120-AA64) received March 15, 2007, pursuant 39-14877; AD 2007-01-06] (RIN: 2120-AA64) re- Department of Transportation, transmitting to 5 U.S.C. 801(a)(1)(A); to the Committee on ceived March 15, 2007, pursuant to 5 U.S.C. the Department’s final rule — Airworthiness Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- Directives; Alpha Aviation Design Limited 1290. A letter from the Program Analyst, tation and Infrastructure. (Type Certificate No. A48EU formerly held Department of Transportation, transmitting 1298. A letter from the Program Analyst, by APEX Aircraft and AVIONS PIERRE the Department’s final rule — Airworthiness Department of Transportation, transmitting ROBIN), Model R2160 Airplanes. [Docket No. Directives; Empresa Brasileira de the Department’s final rule — Airworthiness FAA-2006-26492; Directorate Identifier 2006- Aeronautica S.A. (EMBRAER) Model ERJ Directives; Sicma Aero Seat; Third Occupant CE-77-AD; Amendment 39-14861; AD 2006-26- 170 and ERJ 190 Airplanes [Docket No. FAA- Seat Assemblies, 133 Series [Docket No. 03] (RIN: 2120-AA64) received March 15, 2007, 2007-26797; Directorate Identifier 2006-NM-195- FAA-2005-22959; Directorate Identifier 2005- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- AD; Amendment 39-14878; AD 2006-20-14] (RIN: NE-40-AD; Amendment 39-14856; AD 2006-25- mittee on Transportation and Infrastruc- 2120-AA64) received March 15, 2007, pursuant 15] (RIN: 2120-AA64) received March 15, 2007, ture. to 5 U.S.C. 801(a)(1)(A); to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1307. A letter from the Program Analyst, Department of Transportation, transmitting Transportation and Infrastructure. mittee on Transportation and Infrastruc- the Department’s final rule — Airworthiness 1291. A letter from the Program Analyst, ture. Department of Transportation, transmitting 1299. A letter from the Program Analyst, Directives; Boeing Model 777-200 and -300 Se- the Department’s final rule — Airworthiness Department of Transportation, transmitting ries Airplanes Equipped with Rolls-Royce Directives; Dassault Model F2000EX Air- the Department’s final rule — Airworthiness Engines [Docket No. FAA-2006-26675; Direc- planes [Docket No. FAA-2007-26855; Direc- Directives; CFM International, S.A. CFM56 torate Identifier 2006-NM-203-AD; Amend- torate Identifier 2006-NM-264-AD; Amend- Series Turbofan Engines [Docket No. FAA- ment 39-14864; AD 2006-26-06] (RIN: 2120-AA64) ment 39-14888; AD 2007-02-01] (RIN 2120-AA64) 2006-26502; Directorate Identifier 2006-NE-37- received March 15, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- received March 15, 2007, pursuant to 5 U.S.C. AD; Amendment 39-14859; AD 2006-26-01] (RIN: tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- 2120-AA64) received March 15, 2007, pursuant 1308. A letter from the Program Analyst, tation and Infrastructure. to 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting 1292. A letter from the Program Analyst, Transportation and Infrastructure. the Department’s final rule — Airworthiness Department of Transportation, transmitting 1300. A letter from the Program Analyst, Directives; B-N Group Ltd. BN-2, BN-2A, BN- the Department’s final rule — Airworthiness Department of Transportation, transmitting 2B, BN-2T, and BN-2T-4R Series (all indi- Directives; Empresa Brasileira de the Department’s final rule — Airworthiness vidual models included in Type Certificate Aeronautica S.A. (EMBRAER) Model ERJ Directives; Rolls-Royce plc RB211-524 Series Data Sheet (TCDS) A17EU, Revision 16, 170 and ERJ 190 Airplanes [Docket No. FAA- Turbofan Engines; Correction [Docket No. dated December 9, 2002) Airplanes [Docket 2006-25643; Directorate Identifier 2006-NM-135- 2004-NE-19-AD; Amendment 39-13197; AD 2004- No. FAA-2006-25668; Directorate Identifier AD; Amendment 39-14869; AD 2006-26-11] (RIN: 26-05] (RIN: 2120-AA64) received March 15, 2006-CE-44-AD; Amendment 39-14815; AD 2006- 2120-AA64) received March 15, 2007, pursuant 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the 23-03] (RIN: 2120-AA64) received March 15, to 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Transportation and Infra- 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transportation and Infrastructure. structure. Committee on Transportation and Infra- 1293. A letter from the Program Analyst, 1301. A letter from the Program Analyst, structure. Department of Transportation, transmitting Department of Transportation, transmitting 1309. A letter from the Chemical Security the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness Compliance Division, Office of Infrastructure Directives; Rolls-Royce Corporation AE Directives; Schempp-Hirth Flugzeugbau Protection, Department of Homeland Secu- 2100D3 Turboprop Engines. [Docket No. FAA- GmbH Model Duo Discus T Gliders [FAA- rity, transmitting the Department’s ‘‘Major’’ 2006-26414; Directorate Identifier 2006-NE-42- 2006-26437; Directorate Identifier 2006-CE-73- final rule — Chemical Facility Anti-Ter- AD; Amendment 39-14854; AD 2006-25-13] (RIN: AD; Amendment 39-14855; AD 06-25-14] (RIN: rorism Standards (RIN: 1601-AA41) received 2120-AA64) received March 15, 2007, pursuant 2120-AA64) received March 15, 2007, pursuant April 3, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to 5 U.S.C. 801(a)(1)(A); to the Committee on to 5 U.S.C. 801(a)(1)(A); to the Committee on to the Committee on Homeland Security. Transportation and Infrastructure. Transportation and Infrastructure. 1294. A letter from the Program Analyst, 1302. A letter from the Program Analyst, f Department of Transportation, transmitting Department of Transportation, transmitting PUBLIC BILLS AND RESOLUTIONS the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness Directives; Rolls Royce plc RB211 Trent 700 Directives; Fokker Model F27 Mark 100, 200, Under clause 2 of rule XII, public Series Turbofan Engines. [Docket No. FAA- 300, 400, 500, 600, and 700 Airplanes [Docket bills and resolutions were introduced 2005-19559; Directorate Identifier 2004-NE-03- No. FAA-2006-23659; Directorate Identifier and severally referred, as follows: AD; Amendment 39-14892; AD 2007-02-05] (RIN: 2005-NM-236-AD; Amendment 39-14863; AD By Mr. JACKSON of Illinois (for him- 2120-AA64) received March 15, 2007, pursuant 2006-26-05] (RIN: 2120-AA64) received March self, Mr. RUSH, Mr. LIPINSKI, Mr. to 5 U.S.C. 801(a)(1)(A); to the Committee on 15, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to GUTIERREZ, Mr. EMANUEL, Mr. Transportation and Infrastructure. the Committee on Transportation and Infra- ROSKAM, Mr. DAVIS of Illinois, Ms. 1295. A letter from the Program Analyst, structure. BEAN, Ms. SCHAKOWSKY, Mr. KIRK, Department of Transportation, transmitting 1303. A letter from the Program Analyst, Mr. WELLER, Mr. COSTELLO, Mrs. the Department’s final rule — Airworthiness Department of Transportation, transmitting BIGGERT, Mr. HASTERT, Mr. JOHNSON Directives; Boeing Model 747-100, 747-100B, the Department’s final rule — Airworthiness of Illinois, Mr. MANZULLO, Mr. HARE, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747- Directives; Stemme GmbH & Co. KG Model Mr. LAHOOD, and Mr. SHIMKUS): 300, 747SR, and 747SP Series Airplanes S10, S10-V, and S10-VT Gliders [FAA-2006- H.R. 2025. A bill to designate the facility of Equipped with General Electric CF6-45 or -50 26557; Directorate Identifier 2006-CE-85-AD; the United States Postal Service located at Series Engines, or Equipped with Pratt & Amendment 39-14860; AD 2006-26-02] (RIN: 11033 South State Street in Chicago, Illinois, Whitney JT9D-3 or -7 (Excluding -70) Series 2120-AA64) received March 15, 2007, pursuant as the ‘‘Willye B. White Post Office Build- Engines [Docket No. FAA-2007-26811; Direc- to 5 U.S.C. 801(a)(1)(A); to the Committee on ing’’; to the Committee on Oversight and torate Identifier 2006-NM-262-AD; Amend- Transportation and Infrastructure. Government Reform.

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00122 Fmt 7634 Sfmt 0634 E:\CR\FM\L25AP7.000 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4175 By Mr. JONES of North Carolina (for sideration of such provisions as fall within H.R. 2043. A bill to provide for a Medicaid himself and Mr. GOODE): the jurisdiction of the committee concerned. demonstration project for chronic disease H.R. 2026. A bill to amend section 1922A of By Ms. HERSETH SANDLIN (for her- management; to the Committee on Energy title 38, United States Code, to increase the self, Mr. SALAZAR, Mr. MORAN of Kan- and Commerce. amount of supplemental insurance available sas, Mr. SMITH of Nebraska, and Mr. By Mr. STUPAK: for totally disabled veterans; to the Com- POMEROY): H.R. 2044. A bill to amend title 10, United mittee on Veterans’ Affairs. H.R. 2035. A bill to tailor the rural States Code, to extend eligibility for dis- By Mr. BILIRAKIS: broadband program to better serve those liv- ability retired pay and separation pay to H.R. 2027. A bill to provide an additional 0.5 ing in rural areas; to the Committee on Agri- former cadets and midshipmen with prior en- percent increase in the rates of military culture, and in addition to the Committee on listed service who incurred physical disabil- basic pay for members of the uniformed serv- Energy and Commerce, for a period to be ities after January 1, 2000; to the Committee ices above the pay increase proposed by the subsequently determined by the Speaker, in on Armed Services. Department of Defense so as to ensure at each case for consideration of such provi- By Mr. UDALL of Colorado (for him- least a minimum pay increase of 3.5 percent sions as fall within the jurisdiction of the self, Ms. GRANGER, Mr. BOSWELL, Mr. for members and to further narrow the ‘‘pay committee concerned. MCINTYRE, and Mr. CUMMINGS): gap’’ that exists between the military and By Mr. INSLEE (for himself, Mr. HOLT, H.R. 2045. A bill to help promote the na- private sector pay scales; to the Committee Mr. HALL of New York, Ms. tional recommendation of physical activity on Armed Services. BORDALLO, Mr. DELAHUNT, and Mr. to kids, families, and communities across By Mr. BOYD of Florida (for himself BLUMENAUER): the United States; to the Committee on En- and Mr. MILLER of Florida): H.R. 2036. A bill to promote the develop- ergy and Commerce. H.R. 2028. A bill to extend Federal recogni- ment and use of marine and hydrokinetic re- By Mr. EHLERS: tion to the Muscogee Nation of Florida; to newable energy technologies, and for other H. Con. Res. 128. Concurrent resolution au- the Committee on Natural Resources. purposes; to the Committee on Energy and thorizing the printing of a commemorative By Mrs. CAPPS: Commerce, and in addition to the Commit- document in memory of the late President of H.R. 2029. A bill to facilitate the restora- tees on Science and Technology, Ways and the United States, Gerald Rudolph Ford; to tion of the native ecosystem on Santa Rosa Means, and Natural Resources, for a period the Committee on House Administration. Island within Channel Islands National Park, to be subsequently determined by the Speak- By Ms. EDDIE BERNICE JOHNSON of and for other purposes; to the Committee on er, in each case for consideration of such pro- Texas: Natural Resources. visions as fall within the jurisdiction of the H. Con. Res. 129. Concurrent resolution rec- By Mr. CLAY (for himself, Mrs. committee concerned. ognizing Susan G. Komen for the Cure on its CHRISTENSEN, Mr. CLEAVER, Ms. By Ms. KAPTUR: leadership in the breast cancer movement on JACKSON-LEE of Texas, Ms. KIL- H.R. 2037. A bill to amend the Energy Pol- the occasion of its 25th anniversary; to the PATRICK, Ms. LEE, Mr. PAYNE, and icy and Conservation Act of 1992 to require Committee on Energy and Commerce. Mr. RANGEL): States to meet certain goals for the use of By Mrs. NAPOLITANO (for herself and H.R. 2030. A bill to establish a commission renewable fuels, and for other purposes; to Mr. TIM MURPHY of Pennsylvania): to investigate the expulsion of African- the Committee on Energy and Commerce, H. Con. Res. 130. Concurrent resolution American residents of the Missouri cities of and in addition to the Committee on Agri- supporting the goals and ideals of Mental Aurora, Monett, Newburg, Pierce City, culture, for a period to be subsequently de- Health Month, and for other purposes; to the Cassville, and Webb City from their homes termined by the Speaker, in each case for Committee on Energy and Commerce. that occurred between August 1894 and Au- consideration of such provisions as fall with- By Mr. WILSON of South Carolina (for gust 1901, and make recommendations re- in the jurisdiction of the committee con- himself and Mr. PENCE): garding the feasibility and appropriateness cerned. H. Con. Res. 131. Concurrent resolution of providing reparations to such residents; to By Mr. KIND (for himself and Mr. commemorating the 40th anniversary of the the Committee on the Judiciary. NUNES): reunification of Jerusalem; to the Com- By Mr. DEFAZIO: H.R. 2038. A bill to promote biogas produc- mittee on Foreign Affairs. H.R. 2031. A bill to safely redeploy United tion, and for other purposes; to the Com- By Mr. SMITH of New Jersey (for him- States troops from Iraq; to the Committee mittee on Ways and Means, and in addition self, Mr. STUPAK, Mr. HOLDEN, and on Armed Services, and in addition to the to the Committee on Agriculture, for a pe- Mr. SHAYS): Committee on Foreign Affairs, for a period riod to be subsequently determined by the H. Res. 337. A resolution supporting the to be subsequently determined by the Speak- Speaker, in each case for consideration of goals and ideals of a Lyme Disease Aware- er, in each case for consideration of such pro- such provisions as fall within the jurisdic- ness Month; to the Committee on Energy visions as fall within the jurisdiction of the tion of the committee concerned. and Commerce. committee concerned. By Mr. LEVIN: By Mr. WEXLER (for himself, Mr. By Mr. DEFAZIO (for himself and Ms. H.R. 2039. A bill to amend the Internal Rev- KIND, Mr. GALLEGLY, Mr. LANTOS, Mr. GINNY BROWN-WAITE of Florida): enue Code of 1986 to modify the alternative ENGEL, Mr. ENGLISH of Pennsylvania, H.R. 2032. A bill to require the establish- fuel vehicle refueling property credit; to the and Mr. ISSA): ment of a Consumer Price Index for Elderly Committee on Ways and Means. H. Res. 338. A resolution encouraging in- Consumers to compute cost-of-living in- By Mr. LEWIS of Georgia (for himself creased cooperation between the United creases for Social Security and Medicare and Ms. PRYCE of Ohio): benefits under titles II and XVIII of the So- H.R. 2040. A bill to require the Secretary of States and the European Union to strength- cial Security Act; to the Committee on Ways the Treasury to mint coins in commemora- en the transatlantic market; to the Com- and Means, and in addition to the Commit- tion of the semicentennial of the enactment mittee on Foreign Affairs. tees on Energy and Commerce, and Edu- of the Civil Rights Act of 1964; to the Com- f cation and Labor, for a period to be subse- mittee on Financial Services. quently determined by the Speaker, in each By Mrs. MILLER of Michigan: ADDITIONAL SPONSORS case for consideration of such provisions as H.R. 2041. A bill to amend the Miscella- Under clause 7 of rule XII, sponsors fall within the jurisdiction of the committee neous Trade and Technical Corrections Act were added to public bills and resolu- concerned. of 2004 to authorize the establishment of In- By Mr. DELAHUNT (for himself, Mr. tegrated Border Inspection Areas at the Blue tions as follows: GOODLATTE, Mrs. MALONEY of New Water Bridge connecting Port Huron, Michi- H.R. 20: Ms. WOOLSEY, Mr. HASTINGS of York, and Mrs. BONO): gan, and Point Edward, Ontario, Canada; to Florida, Mr. MCGOVERN, Mr. BISHOP of Geor- H.R. 2033. A bill to amend title 17, United the Committee on Ways and Means, and in gia, Ms. WATERS, Mr. DINGELL, Mr. SCOTT of States Code, to provide protection for fash- addition to the Committee on Homeland Se- Georgia, Mr. MEEK of Florida, Mr. WATT, and ion design; to the Committee on the Judici- curity, for a period to be subsequently deter- Mr. RANGEL. ary. mined by the Speaker, in each case for con- H.R. 23: Mr. HODES and Mr. KING of Iowa. By Mr. DINGELL (for himself, Mr. sideration of such provisions as fall within H.R. 73: Mr. HASTINGS of Washington. RANGEL, Mr. WAXMAN, Mr. STARK, the jurisdiction of the committee concerned. H.R. 135: Mr. PRICE of Georgia, Mr. Ms. SCHAKOWSKY, Mr. MARKEY, Mr. By Mr. RUPPERSBERGER (for him- GINGREY, Mr. KUHL of New York, Mrs. WYNN, Ms. BALDWIN, Mr. TOWNS, Ms. self, Mr. CUMMINGS, Mr. SARBANES, MUSGRAVE, Mr. MARCHANT, and Mr. WELDON SOLIS, Mr. ENGEL, Mr. GENE GREEN of and Mr. KENNEDY): of Florida. Texas, and Mr. DOYLE): H.R. 2042. A bill to amend the Natural Gas H.R. 177: Mr. LEWIS of Georgia. H.R. 2034. A bill to provide quality, afford- Act to modify a provision relating to the H.R. 219: Mr. MARSHALL. able health care for all Americans; to the siting, construction, expansion, and oper- H.R. 255: Mr. TIM MURPHY of Pennsylvania. Committee on Ways and Means, and in addi- ation of liquefied natural gas terminals, and H.R. 297: Mr. BOUCHER, Mrs. CAPPS, Mr. tion to the Committees on Energy and Com- for other purposes; to the Committee on En- EMANUEL, Mrs. LOWEY, Mr. PASCRELL, and merce, and Oversight and Government Re- ergy and Commerce. Ms. WOOLSEY. form, for a period to be subsequently deter- By Mr. SMITH of Washington (for him- H.R. 303: Mrs. MUSGRAVE, Mr. JINDAL, and mined by the Speaker, in each case for con- self and Mrs. MCMORRIS RODGERS): Mr. PICKERING.

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H.R. 322: Mr. PITTS, Mr. CAMPBELL of Cali- H.R. 1038: Ms. SLAUGHTER, Mr. LOEBSACK, H.R. 1541: Mrs. DAVIS of California. fornia, Mr. SHADEGG, Mr. YOUNG of Alaska, and Mrs. MCCARTHY of New York. H.R. 1583: Mr. NADLER, Mr. HINCHEY, Mr. Mr. ROSKAM, Ms. GRANGER, Mr. HOEKSTRA, H.R. 1061: Mr. MCCAUL of Texas, Mrs. HALL of New York, Mr. MEEKS of New York, Mr. REYNOLDS, Mr. EHLERS, Mr. EVERETT, GILLIBRAND, and Mrs. DAVIS of California. Mrs. LOWEY, and Mr. PASCRELL. Mr. SHUSTER, Mr. CANTOR, and Mr. MCCAUL H.R. 1063: Mr. TURNER. H.R. 1593: Mr. GILCHREST, Mr. COSTELLO, of Texas. H.R. 1071: Ms. CLARKE. and Mr. AL GREEN of Texas. H.R. 370: Mr. RUSH. H.R. 1072: Mr. PRICE of North Carolina. H.R. 1600: Mr. ANDREWS. H.R. 405: Mr. LARSEN of Washington. H.R. 1073: Mr. UDALL of New Mexico, Mr. H.R. 1638: Mr. PASCRELL, MRS. MCCARTHY H.R. 436: Mr. MCKEON. JACKSON of Illinois, Mr. SHULER, and Mrs. of New York, Mr. FERGUSON, and Mr. KING of H.R. 464: Mr. LOEBSACK. DAVIS of California. New York. H.R. 471: Mr. LINCOLN DAVIS of Tennessee, H.R. 1084: Ms. WATSON, Ms. MATSUI, and H.R. 1641: Mr. PICKERING. Mrs. CUBIN, Mr. HIGGINS, Mr. WALZ of Min- Ms. BORDALLO. H.R. 1655: Mr. GERLACH. nesota, Mr. KNOLLENBERG, Ms. HERSETH H.R. 1092: Mr. LINCOLN DAVIS of Tennessee, H.R. 1662: Mr. COSTA and Mr. RADANOVICH. SANDLIN, and Mr. SKELTON. Mr. DINGELL, Mrs. DAVIS of California, Mr. H.R. 1665: Mr. CHANDLER and Mr. H.R. 522: Mr. PAYNE and Mr. TOWNS. GONZALEZ, Mr. MCNULTY, Ms. SCHWARTZ, Mr. NEUGEBAUER. H.R. 531: Mr. COHEN, Ms. JACKSON-LEE of WEXLER, Mr. RODRIGUEZ, and Ms. BERKLEY. H.R. 1673: Mr. PICKERING, Mr. GERLACH, and Texas, and Mr. GRIJALVA. H.R. 1098: Ms. SCHWARTZ. Mr. CHANDLER. H.R. 543: Mr. SMITH of Washington. H.R. 1102: Mr. PETERSON of Minnesota and H.R. 1674: Mrs. MYRICK and Mr. CLYBURN. H.R. 551: Mr. GONZALEZ, Mr. MCCARTHY of Mr. JINDAL. H.R. 1709: Ms. HIRONO. California, Mr. NUNES, and Mr. ROHR- H.R. 1117: Mr. HOLT, Mr. GEORGE MILLER of H.R. 1730: Mr. CARNEY. ABACHER. California, Mr. KIND, Mr. RUPPERSBERGER, H.R. 1731: Mr. ENGLISH of Pennsylvania, H.R. 563: Mr. NUNES. Mr. FILNER, and Mr. ROTHMAN. Mr. NEAL of Massachusetts, Ms. BORDALLO, H.R. 579: Ms. WASSERMAN SCHULTZ and Mr. H.R. 1147: Mr. CAMP of Michigan. Mr. DUNCAN, Mr. OBERSTAR, Mr. LEWIS of LOEBSACK. H.R. 1148: Ms. SCHAKOWSKY. Georgia, and Mr. MCNULTY. H.R. 583: Mrs. BONO, Mr. CALVERT, Mr. H.R. 1157: Mr. BRADY of Pennsylvania, Mrs. H.R. 1742: Mr. CARNEY. WALZ of Minnesota, Ms. NORTON, and Mr. GILLIBRAND, Mr. NUNES, Mr. ENGLISH of H.R. 1756: Mr. HILL and Mr. REHBERG. LANTOS. Pennsylvania, Mr. KUHL of New York, Ms. H.R. 1767: Mrs. DRAKE, Mr. SKELTON, Mr. H.R. 612: Mr. LATHAM. LINDA T. SA´ NCHEZ of California, Mr. CLEAVER, Mr. CALVERT, Mr. BONNER, and Mr. H.R. 690: Mr. CUMMINGS. LOBIONDO, Mr. ELLISON, Mr. VAN HOLLEN, ORTIZ. H.R. 691: Mr. MILLER of North Carolina and Mr. MCHUGH, and Mr. MILLER of North Caro- H.R. 1823: Mr. CLEAVER, Mr. WU, and Mr. Ms. SLAUGHTER. lina. HASTINGS of Washington. H.R. 692: Mr. NADLER. H.R. 1188: Mr. RAHALL. H.R. 1827: Mr. ENGLISH of Pennsylvania. OGERS H.R. 695: Mr. SCHIFF. H.R. 1192: Mr. BOSWELL. H.R. 1845: Mr. R of Alabama, Mr. H.R. 697: Mr. SMITH of Texas, Mr. SHADEGG, H.R. 1222: Mr. JINDAL and Mr. LARSON of BOUSTANY, Mr. COLE of Oklahoma, and Mr. Mr. JINDAL, and Mr. DUNCAN. Connecticut. ETHERIDGE. H.R. 1871: Mrs. MALONEY of New York. H.R. 698: Mr. EDWARDS, Ms. SCHWARTZ, and H.R. 1224: Mr. MORAN of Virginia, Mr. H.R. 1873: Mr. REYES, Mr. LARSEN of Wash- Mr. MANZULLO. HOLDEN, and Mr. FORTUN˜ O. ington, Mr. GONZALEZ, Mr. JORDAN, and Ms. H.R. 718: Mr. ABERCROMBIE, Mr. MURTHA, H.R. 1225: Mr. SMITH of Washington. BEAN. and Mr. CARNEY. H.R. 1228: Mr. WALZ of Minnesota and Mr. H.R. 1881: Mr. PASCRELL, Mr. JOHNSON of H.R. 728: Mr. CROWLEY. MCINTYRE. Georgia, and Mr. MCCOTTER. H.R. 734: Ms. FALLIN and Mr. BONNER. H.R. 1250: Mr. GILLMOR. H.R. 1889: Mr. PETERSON of Minnesota. H.R. 741: Mr. RANGEL, Mr. SAXTON, Ms. H.R. 1260: Mr. DUNCAN and Mr. LINCOLN H.R. 1890: Mr. PETERSON of Minnesota. SLAUGHTER, Mr. COURTNEY, Mr. ENGEL, DAVIS of Tennessee. H.R. 1902: Mr. MARSHALL. Mr. REYNOLDS, Mr. HALL of New York, Mr. H.R. 1280: Mr. GONZALEZ. H.R. 1907: Mr. PAYNE and Mr. ALLEN. FOSSELLA, Mrs. GILLIBRAND, and Mr. HOYER. H.R. 1293: Mrs. CUBIN and Mr. GILLMOR. H.R. 1909: Mr. NEUGEBAUER, Mr. AL GREEN H.R. 758: Mr. LOEBSACK. H.R. 1302: Mr. JACKSON of Illinois, Ms. of Texas, and Mr. MCCAUL of Texas. H.R. 760: Mrs. CAPITO. MOORE of Wisconsin, Mr. COHEN, Ms. H.R. 1929: Mrs. BOYDA of Kansas, Mr. EVER- H.R. 772: Mr. KAGEN. SCHWARTZ, and Mr. MCCAUL of Texas. ETT, Mrs. CUBIN, Mr. PETERSON of Minnesota, H.R. 782: Mr. INGLIS of South Carolina, Mr. H.R. 1330: Mr. LOEBSACK. Mr. LINCOLN DAVIS of Tennessee, Mr. BOS- BISHOP of Utah, Mr. ROGERS of Alabama, and H.R. 1333: Mr. JINDAL, Mr. CAMPBELL of WELL, and Mr. DONNELLY. Mr. ETHERIDGE. California, and Mr. CUELLAR. H.R. 1930: Mr. REICHERT. H.R. 801: Mr. PORTER. H.R. 1336: Mr. MORAN of Kansas and Mr. H.R. 1932: Mr. MCCOTTER, Mrs. EMERSON, H.R. 804: Ms. SUTTON, Mr. HARE, and Mr. WALDEN of Oregon. and Mr. LATOURETTE. JOHNSON of Georgia. H.R. 1352: Ms. ZOE LOFGREN of California. H.R. 1940: Mr. DAVID DAVIS of Tennessee, H.R. 853: Mr. MCGOVERN. ALVERT H.R. 1355: Mr. C . Mr. GINGREY, Mr. PRICE of Georgia, Mr. H.R. 869: Mr. HAYES. H.R. 1384: Mr. HERGER, Mr. LANTOS, and CARTER, Mr. CULBERSON, Mr. MCKEON, Mr. H.R. 898: Mr. MCINTYRE and Mr. DELAHUNT. Ms. ROYBAL-ALLARD. SULLIVAN, Mr. WESTMORELAND, Mr. H.R. 923: Mr. FARR. H.R. 1394: Mr. CHANDLER and Mr. KIND. TANCREDO, Mrs. DRAKE, and Mr. HUNTER. H.R. 927: Mr. FOSSELLA. RICE EST H.R. 1399: Mr. P of Georgia, Mr. W - H.R. 1945: Mrs. MALONEY of New York. H.R. 971: Mr. NEUGEBAUER and Mr. MORELAND, Mr. KLINE of Minnesota, Mr. H.R. 1960: Mr. FATTAH and Ms. CARSON. MELANCON. PLATTS, Mr. PICKERING, Mr. CALVERT, and H.R. 1971: Ms. SCHWARTZ. H.R. 980: Mr. BOSWELL, Mr. TIAHRT, Mr. Mr. KING of Iowa. H.R. 1974: Ms. SCHWARTZ and Mr. SESSIONS. SPACE, Mr. WILSON of Ohio, Mr. HOLDEN, Mr. H.R. 1422: Mr. SAXTON and Mr. RUSH. H.R. 1975: Mr. NEAL of Massachusetts. TIERNEY, Mr. LARSON of Connecticut, and H.R. 1427: Mr. TERRY. H.R. 1980: Ms. MATSUI. Mr. DONNELLY. H.R. 1431: Mr. AKIN. H.R. 1986: Mr. ROSS, Mr. MOORE of Kansas, H.R. 983: Mr. HASTINGS of Washington, Mr. H.R. 1440: Mr. MCINTYRE. and Ms. HERSETH SANDLIN. HULSHOF, and Mr. WICKER. H.R. 1459: Mr. EDWARDS, Mr. MEEKS of New H.R. 2005: Mr. WALZ of Minnesota, Mr. H.R. 997: Mr. WELDON of Florida, Mr. York, Mr. EMANUEL, Mr. ELLSWORTH, Mr. KAGEN, Mr. ELLISON, Mr. PETERSON of Min- MORAN of Kansas, and Mr. WALDEN of Or- YOUNG of Florida, Ms. WASSERMAN SCHULTZ, nesota, and Mr. ENGLISH of Pennsylvania. egon. and Mr. PATRICK MURPHY of Pennsylvania. H.R. 2016: Mr. HOLT. H.R. 1014: Mr. ETHERIDGE, Mrs. MALONEY of H.R. 1461: Mr. GUTIERREZ, Ms. CARSON, and H.R. 2017: Mr. REYES and Ms. HIRONO. New York, Ms. JACKSON-LEE of Texas, Mr. Mr. CLAY. H.J. Res. 9: Mr. LATHAM, Mr. BURTON of In- ROTHMAN, Mr. WYNN, Ms. WOOLSEY, Mr. H.R. 1466: Mr. REICHERT. diana, Mr. HENSARLING, and Mr. PICKERING. OBERSTAR, Ms. CORRINE BROWN of Florida, H.R. 1481: Mr. NEUGEBAUER and Mrs. EMER- H.J. Res. 30: Mr. STARK. Mrs. BONO, Mr. REHBERG, Mr. ORTIZ, Ms. SON. H. Con. Res. 21: Mr. CANTOR. CARSON, Mr. GOODE, Ms. MATSUI, Ms. H.R. 1498: Mr. LAHOOD, Mr. ROSKAM, Mr. H. Con. Res. 70: Mr. GOODE, Mr. SHAYS, and DEGETTE, Mr. FARR, Mr. ABERCROMBIE, Mr. PAUL, and Ms. SCHWARTZ. Mr. UDALL of Colorado. FERGUSON, Mrs. SCHMIDT, Ms. CASTOR, Ms. H.R. 1499: Mr. BAIRD. H. Con. Res. 95: Mr. ROTHMAN. GRANGER, Ms. SCHWARTZ, Ms. HARMAN, Mrs. H.R. 1524: Mr. JINDAL, Mr. MCCOTTER, Ms. H. Con. Res. 102: Mr. MCCOTTER. GILLIBRAND, Ms. EDDIE BERNICE JOHNSON of EDDIE BERNICE JOHNSON of Texas, Mr. COHEN, H. Con. Res. 104: Ms. CARSON, Mr. ENGLISH Texas, Ms. KAPTUR, Ms. CLARKE, Mr. Mr. PRICE of North Carolina, and Mr. SEN- of Pennsylvania, Mr. CLEAVER, Mr. LOEBSACK, Mr. PERLMUTTER, and Mr. MUR- SENBRENNER. DELAHUNT, Mr. WEXLER, Mr. SMITH of Wash- THA. H.R. 1527: Mr. MILLER of Florida. ington, and Mr. SIRES. H.R. 1023: Mr. TOWNS and Mr. HASTINGS of H.R. 1533: Mr. FORTENBERRY. H. Con. Res. 105: Ms. ROS-LEHTINEN, Ms. Washington. H.R. 1537: Mr. RADANOVICH, Ms. ZOE GINNY BROWN-WAITE of Florida, Ms. FALLIN, H.R. 1031: Mr. LANTOS. LOFGREN of California, Ms. LORETTA SANCHEZ Mr. LUCAS, Mrs. BONO, Mrs. CAPITO, Mrs. H.R. 1032: Mr. RAHALL and Mr. MCINTYRE. of California, and Mr. PORTER. BIGGERT, Mrs. WILSON of New Mexico, and H.R. 1034: Mr. MCCRERY. H.R. 1540: Mr. MCDERMOTT. Ms. PRYCE of Ohio.

VerDate Aug 31 2005 05:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00124 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.079 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4177 H. Con. Res. 108: Mr. LOEBSACK. Mr. KING of New York, Ms. LEE, Ms. JACK- DELETIONS OF SPONSORS FROM H. Con. Res. 112: Ms. DELAURO, Mr. KILDEE, SON-LEE of Texas, Mr. HINCHEY, Mr. HOLDEN, PUBLIC BILLS AND RESOLUTIONS and Ms. SHEA-PORTER. and Mr. NEAL of Massachusetts. H. Con. Res. 122: Ms. CASTOR, Ms. MCCOL- H. Res. 313: Ms. LINDA T. SA´ NCHEZ of Cali- Under clause 7 of rule XII, sponsors LUM of Minnesota, Mr. FARR, and Ms. fornia, Mr. LOBIONDO, Mr. SESSIONS, Mr. were deleted from public bills and reso- SCHAKOWSKY. SHERMAN, Mr. BOUCHER, Ms. KAPTUR, Mr. lutions as follows: H. Res. 87: Mr. PICKERING. GUTIERREZ, Mr. PETERSON of Minnesota, Mr. H.R. 65: Ms. HERSETH SANDLIN. H. Res. 128: Mr. RUPPERSBERGER and Mr. GRIJALVA, and Mr. YOUNG of Alaska. FERGUSON. H. Res. 326: Ms. BORDALLO, Mr. BURTON of H. Res. 145: Mr. BECERRA, Ms. ROYBAL-AL- Indiana, Mrs. MALONEY of New York, Ms. f LARD, Ms. SOLIS, Mr. HINOJOSA, Mr. REYES, SHEA-PORTER, Mr. TIM MURPHY of Pennsyl- Mr. WU, and Mr. BISHOP of New York. vania, Mr. LAMPSON, Mr. MORAN of Virginia, AMENDMENTS H. Res. 194: Mr. SCHIFF, Mr. BERMAN, Mr. Ms. EDDIE BERNICE JOHNSON of Texas, Mr. HOLT, and Mr. WAXMAN. CROWLEY, Mr. STUPAK, Mr. HIGGINS, Mr. WIL- Under clause 8 of rule XVIII, pro- H. Res. 197: Mr. LOEBSACK. SON of Ohio, Mr. JOHNSON of Georgia, Ms. posed amendments were submitted as H. Res. 216: Mr. CONAWAY, Mr. GERLACH, WOOLSEY, Mr. MCGOVERN, and Mr. UDALL of follows: and Mr. ENGLISH of Pennsylvania. New Mexico. H. Res. 223: Mr. MCNULTY, Mr. KUHL of New H.R. 249 York, Mrs. MUSGRAVE, Mr. LAMBORN, Mr. f OFFERED BY: MR. PRICE OF GEORGIA MARCHANT, and Mr. CARTER. AMENDMENT NO. 2: At the end of the bill, H. Res. 231: Mr. WAMP and Mr. LAMBORN. CONGRESSIONAL EARMARKS, LIM- add the following new section: H. Res. 272: Mr. RUSH. ITED TAX BENEFITS, OR LIM- H. Res. 282: Mr. CARNEY, Mr. SKELTON, Ms. SEC. 2. REQUIREMENT OF OFFSETS. WASSERMAN SCHULTZ, Mr. SAXTON, Mr. ITED TARIFF BENEFITS (a) IN GENERAL.—No authorization of ap- UDALL of Colorado, Mr. ISRAEL, Mr. Under clause 9 of rule XXI, lists or propriations made by this Act or other provi- GRIJALVA, Mr. DONNELLY, and Mr. PAYNE. statements on congressional earmarks, sion of this Act that results in costs to the Federal Government shall be effective except H. Res. 287: Mr. WOLF. limited tax benefits, or limited tariff H. Res. 291: Mr. THOMPSON of Mississippi, to the extent that this Act provides for off- Mr. MOORE of Kansas, Mr. KUHL of New York, benefits were submitted as follows: setting decreases in spending of this Act does and Mr. WOLF. The amendment to be offered by Rep- not either increase the Federal deficit or re- H. Res. 296: Mr. HIGGINS, Mr. BOYD of Flor- resentative Robert C. ‘‘Bobby’’ Scott or a des- duce the Federal surplus. ida, and Mr. TOM DAVIS of Virginia. ignee to H.R. 1429, the Improving Head Start (b) DEFINITIONS.—In this section, the terms H. Res. 308: Ms. CLARKE , Mr. HASTINGS of Act of 2007, does not contain any congres- ‘‘deficit’’ and ‘‘surplus’’ have the meanings Florida, Mr. SHAYS, Mr. FOSSELLA, Mr. HARE, sional earmarks, limited tax benefits, or lim- given such terms in the Congressional Budg- Mr. JOHNSON of Illinois, Mr. COHEN, Mr. ited tariff benefits as defined in clause 9(d), et and Impoundment Control Act of 1974 (2 MCDERMOTT, Mr. MCCOTTER, Mr. CROWLEY, 9(e), or 9(f) of Rule XXI. U.S.C. 621 et seq.).

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Vol. 153 WASHINGTON, WEDNESDAY, APRIL 25, 2007 No. 67 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, It is my understanding there are called to order by the Honorable BEN- PRESIDENT PRO TEMPORE, some Coburn amendments—he has JAMIN L. CARDIN, a Senator from the Washington, DC, April 25, 2007. three of them—and we would like to State of Maryland. To the Senate: get votes scheduled on those. If there Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby are other amendments, let’s bring PRAYER appoint the Honorable BENJAMIN L. CARDIN, them forward. But we will not get the The Chaplain, Dr. Barry C. Black, of- a Senator from the State of Maryland, to bill from the House on the supple- fered the following prayer: perform the duties of the Chair. mental until tonight, anyway. We are Let us pray. ROBERT C. BYRD, not going to be able to do anything on Eternal Spirit, abide with our law- President pro tempore. it tonight. I think it would be a good makers. Make them so aware of Your Mr. CARDIN thereupon assumed the step forward if we can finish this bill presence that the faithful may be chair as Acting President pro tempore. tonight. That means we would work on blessed, the sad may be comforted, the f it until late in the evening and finish depressed may be encouraged, the un- this bill. That is my intention. I hope RECOGNITION OF THE MAJORITY there are no efforts to delay this bill. grateful may give thanks, and the per- LEADER plexed may understand. May compan- If, in fact, that is the case, as I have ionship with You enable our Senators The ACTING PRESIDENT pro tem- said before, we would just back off the to be guided by Your providence. pore. The majority leader is recog- bill. If we cannot pass, on a bipartisan Speak to the successful and keep nized. basis, legislation that has more than 50 them from pride. Speak to those who f cosponsors, I think it is not a good day for us. We should be able to show the are too self-confident and keep them SCHEDULE from falling. Speak to those who are so American people there are some things sure of their position that they are cer- Mr. REID. Mr. President, this morn- we can do on a bipartisan basis. tain that everyone else is wrong. Lord, ing there will be an hour of morning I remind all Members that there will keep them from intolerance. From day business, with the first half controlled be a briefing today, as I have indicated, to day, guard us from anything that by the majority and the second half in 407 beginning at 4 p.m. brings shame, so that in the eventide of controlled by the Republicans. Fol- I yield the floor. life, when our task is done, we may see lowing morning business, we will re- f the smile of Your approval. We pray in sume consideration of S. 761. Under an RESERVATION OF LEADER TIME Your holy Name. Amen. agreement entered last night, once we get back on the bill, there will be 30 The ACTING PRESIDENT pro tem- f minutes of debate with respect to the pore. Under the previous order, the Sununu amendment, which is num- leadership time is reserved. PLEDGE OF ALLEGIANCE bered 938, which strikes a section of the f bill seeking to strengthen science, The Honorable BENJAMIN L. CARDIN technology, engineering, and mathe- MORNING BUSINESS led the Pledge of Allegiance, as follows: matics education at all school levels. The ACTING PRESIDENT pro tem- I pledge allegiance to the Flag of the We expect the amendment will be pore. Under the previous order, there United States of America, and to the Repub- voted on at a little after 11 this morn- will now be a period for the transaction lic for which it stands, one nation under God, ing. My understanding is once we dis- of morning business for 60 minutes, indivisible, with liberty and justice for all. pose of the Sununu amendment, then with Senators permitted to speak the Sanders amendment remains pend- therein, with the first 30 minutes under f ing. the control of the majority and the Mr. President, let me say to every- final 30 minutes under the control of APPOINTMENT OF ACTING one, I have not had the opportunity to the Republicans. PRESIDENT PRO TEMPORE speak to the Republican leader today, The Senator from Ohio is recognized. The PRESIDING OFFICER. The but it would be my intention that we f clerk will please read a communication would be in recess from 4 until 5:30 for to the Senate from the President pro the briefings by General Petraeus, Gen- TRADE AGREEMENTS tempore (Mr. BYRD). eral Pace, and others up in room 407. Mr. BROWN. Mr. President, last The legislative clerk read the fol- But it would be my intention to finish week our colleague, Senator BYRON lowing letter: this bill after that. DORGAN, chairman of the Commerce

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

S5013

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VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.000 S25APPT1 hmoore on PRODPC68 with HMSENATE S5014 CONGRESSIONAL RECORD — SENATE April 25, 2007 Committee’s Subcommittee on Inter- deficits of $4.3 trillion. The aggregate States, and lived in a shack about 15 state Commerce, Trade, and Tourism, trade deficit from 1982 to the present feet by 15 feet, no running water, no held the first in a series of hearings on day is $4.3 trillion. That is money electricity, dirt floors. When it rained our U.S. trade policy. I was proud to which eventually will have to be paid. hard, the floors turned to mud. Behind join Chairman DORGAN as we asked the Put another way, we have produced 4.3 their little shack was a ditch maybe 4 pivotal question on the minds of work- trillion fewer manufactured goods, in feet wide, human and industrial waste ers and small business owners across most cases, than we have purchased. flowing through that ditch. The Amer- the country: Is free trade working? Is Put another way, to understand what ican Medical Association said it is the it working for American communities? $4.3 trillion of wealth transferred out of most toxic place in the Western Hemi- Is it working for our families? Is it our country means, if you had $4.3 tril- sphere. working for our workers? lion and you spent $1,000 every second As you walked through their neigh- For the majority of Americans and of every minute of every hour of every borhood, you could tell where the peo- people worldwide, the answer is a re- day, to spend that $4.3 trillion trade ple living in each of those shacks sounding no. For a privileged few, yes, debt, it would take you 131 years. worked because their homes were con- this model of trade has increased the We have lost more than 3 million structed from the packing material, bottom lines. But the economic values manufacturing jobs across the country. the boxes and the wooden crates and embodied by this free-trade model are Those are jobs which pay an average of the pieces of cardboard and all, the skewed toward a very select few in our 31 percent more than service sector packing material from the company for Nation. Not only is our trade policy jobs. Service sector jobs, the ones that which they worked. not working, it is worsening the prob- NAFTA and the World Trade Organiza- You could go nearby to an auto lem of income equality across the Na- tion proponents said would replace plant, nearby to these homes in this tion. manufacturing jobs, they also are neighborhood, 3, 4 miles from the From 1946 to 1973, economic opportu- tradable and they are also moving off- United States of America. The auto nities for poor and working families in shore at a swift pace. plant looked just like an auto plant in this country grew. As you can see, that The trade policies we have set in Lordstown, OH, or just like the auto income, people’s income—they are di- Washington and negotiated across the plant in Avon Lake or just like the vided into five groups—the lowest in- globe have a direct impact on places auto plant at Twinsburg, OH. The auto come, 20 percent, the middle groups, such as Toledo and Hamilton, OH, plant was modern, the technology was and then the wealthiest 20 percent. Cleveland and Steubenville, and Lime, up to date, the floors were clean, the Between 1947 and 1973 in this country, OH, as well as in Mexico and Korea and workers were productive, and the the 20 percent lowest income workers Bangladesh. workers were working hard. The only actually saw their income rise the fast- We must shrink income equality, difference between the Mexican auto est. From 1947 to 1973, that was a time grow our business community, and cre- plant and the American auto plant is of strong economic growth. It was a ate good-paying jobs. We must estab- the Mexican auto plant did not have a time of actual trade surpluses during lish trade policy that builds our eco- parking lot because the workers are those years. It was a time of fairly sta- nomic security, not undermines it. Job not paid enough to buy the cars they ble energy prices—all of that. loss does not just affect the worker or make. The lesson here: Families that even just the worker’s family. Job loss, You could go halfway around the worked hard, that played by the rules, especially job loss in the thousands, ob- world to a Motorola plant in Malaysia, had a real chance of getting ahead. viously devastates communities, lay- and the workers are not paid enough to Then the next, from 1973 to 2000, that offs of police and fire and teachers and buy the cell phones they make, or economic opportunity began to flatten all of that. It hurts local business own- come back to our hemisphere, to Costa out for those families. We saw, in those ers, the drugstore, the grocery store, Rica, to a Disney plant, and the work- years, from 1973 to 2000—1973 was the the neighborhood restaurant. ers are not making enough at the Dis- year we went from a trade surplus to a This model of trade is also not win- ney plant to buy the toys for their chil- trade deficit. That was only one of the ning us more friends abroad. Last dren. You can go back halfway around reasons. The lowest income workers month, tens of thousands of workers in the world to a Nike plant in China, and saw their income grow by the least. Korea took to the streets protesting a the workers are not making enough to People whose income was in the top 20 pending free-trade agreement with the buy the shoes they make in their jobs. percent saw their income grow the United States, similar to the tens of Only when workers share in the fastest. thousands of protesters against the wealth they create will we know our If we had a third chart here, income Central American Free Trade Agree- trade policy is working. American since 2000, since 2000, income has gone ment in our country and in the six workers are more and more productive up only for the wealthiest 20 percent in countries in Central America. every year, an explosion in produc- this country. Much has been written and said tivity in this country, yet workers’ When Secretary Paulson came to the about the waning enthusiasm for the wages are flat, as we see, especially the Banking Committee and spoke to us, free trade area of the Americas, bottom 60 or 80 percent, and especially he bragged about 31⁄2 percent economic throughout Latin America, most nota- since 2000, where our trade policy is growth for this country—a good thing. bly because of what NAFTA has done having a depressing impact on wages. The problem is, profits are up, produc- to Mexico’s rural population, with a Two years ago, thousands of workers tivity is up, but workers are not shar- million and a half small farmers’ liveli- in Central America took to the streets ing in the wealth they create. Profits hoods devastated. It almost toppled the protesting that failed trade policy. are up, executive salaries are up, and favored Presidential candidate in Mex- CAFTA still has not been implemented almost everybody else’s income in this ico last year, as the challenger talked in Coast Rica because it is so con- country has been pretty stagnant. about NAFTA’s negative impact on troversial. In fact, this week in Costa Our economic house is not in order. Mexico and who came within a hair of Rica, there will be a public referendum It is not in order nationally, and it is winning. In Brazil, in Bolivia, in Ecua- on the Central American Free Trade not anywhere where it needs to be in dor, and elsewhere, leaders are respond- Agreement. my State of Ohio. When I first ran for ing to the demand for a very different, This shift in thinking about free Congress in 1992, our trade deficit was more equitable trading system, not one trade, both in the Senate and the $38 billion. Our trade deficit figures for modeled after the North American Free House, in this country among the pub- 2006 topped $800 billion. That is from Trade Agreement. lic and abroad, presents all of us today $38 billion to $200 billion from 1992 to A few years ago, I traveled to with an opportunity, the challenge we 2006. Our trade deficit with China went McAllen, TX, where I crossed the bor- face, which grows in urgency as to how from low double figures in 1992 to well der with a couple of friends into we trade and take part in our global over $200 billion—an increase of almost Reynosa, Mexico. I met a husband and economy without continuing to de- 20 times in those 15 years or so. In fact, wife who worked for General Electric stroy, to undermine the middle class. since 1982, we have accumulated trade Mexico, 3 miles from the United The current system is not sustainable.

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.002 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5015 Those of us who support free trade— They deserve better than to be stuck in compared with 1,009 deaths during the two not fair trade but support free trade— the middle of a civil war. previous months. we want trade, we want plenty of it, Four years into this war—starting It is time to transition our mission but under new rules. We want legiti- the fifth year—the President is still in Iraq from that of policing a civil mate fair trade. It is considered protec- tossing around heated rhetoric while war. Our troops are trained for combat, tionist by some to fight for labor and trying to convince the American people not for refereeing warring factions environmental standards, but they con- that Democrats do not support the with a long and complex history. It is sider it free trade to protect drug com- troops. I reject that rhetoric, and I call time to focus on strengthening Amer- pany patents and Hollywood DVDs. If on him to put politics aside and begin ica’s security and bringing our troops we can protect intellectual property to put our troops first. We can all home. rights with enforceable provisions in agree, it is long past time for that. Transitioning the mission should trade agreements, as we should, we ab- Now is the time to show our troops center on three realistic and achiev- solutely can do the same for labor we support them with the funds and able goals for our military: Training standards and environmental protec- supplies and armor they need but that and equipping Iraqi security forces, tions and food safety standards. we also support them enough to change conducting targeted counterterrorism I am pleased to say this Congress is direction when the current course sim- operations, and protecting our remain- already hard at work in building a bet- ply is not working. ing U.S. forces and interests in Iraq. ter trade policy. Senator DORGAN and I Now is the time to show our troops The second part of the equation is a have introduced antisweatshop legisla- we respect our military, and we refuse surge in diplomatic and political ef- tion. We need more fair trade to build to decimate the world’s finest fighting forts. This is a necessary task the the middle class and lift up American forces through extended deployments, President has refused to undertake. workers. There will be more of those limited time at home, and the destruc- America alone does not own the keys proposals in the future. It is not a mat- tion of valuable equipment in another to Iraq’s future. Iraq’s neighbors must ter of if we trade but how we trade and country’s civil war. help as well. They should play a larger who benefits from that trade. Thank Now is the time to show our troops role in training the Iraqi military and you, Mr. President. their lives mean more than an open- police and in reconstruction. They The ACTING PRESIDENT pro tem- ended commitment to an Iraqi Govern- should play a larger role in convincing pore. The Senator from Washington is ment that has repeatedly failed to Iraqis they must make compromises recognized. meet deadlines and take ownership for and take responsibility for their fu- their own future. f ture. Without a targeted and serious Now is the time to show our troops regional effort to stabilize Iraq, the IRAQ SUPPLEMENTAL we understand that America needs country’s future will remain in ques- Mrs. MURRAY. Mr. President, I am them, not in the middle of an Iraqi tion. here to speak on the floor today be- civil war but in places such as Afghani- The cause of continued insecurity cause American lives, American secu- stan, where al-Qaida is growing in and destruction has not been our mili- rity, and America’s future are on the strength. tary, but, rather, the political and pol- line in Iraq. The American people know And now is the time to show our icy failures of a President who has hid it. They sent a clear message last No- troops their Government is about more in his bunker and stubbornly refused to vember. The Iraq Study Group has told than promises and rhetoric. We must pursue a strategy needed to bring sta- us. They gave us honest assessments stand together to say we will meet the bility to Iraq. and recommendations to move forward needs of our injured servicemembers As we all saw vividly in November, in Iraq. and our veterans who have paid the the American people have lost patience Generals have spoken out. General price for this administration’s failure with the President’s go-it-alone strat- Casey told us in January: to plan for the war and its aftermath. egy. It is simply wrongheaded to con- Congress is moving forward now to The longer we in the U.S. Forces continue tinue on with an open-ended commit- to bear the main burden of Iraq’s security, it pass a supplemental bill that shows our ment to an Iraqi Government that has lengthens the time that the government of troops they come first. All the Presi- repeatedly failed to meet deadlines and Iraq has to make the hard decisions about dent has to do is sign on the dotted to take responsibility for their own reconciliation and dealing with the militias. line. Unfortunately, because the Bush country. General Abizaid told us in November: administration failed to plan and failed The supplemental bill we will send to I do not believe that more American troops to understand the centuries’ old ten- the White House requires the President right now is the solution to the problem. sions in this region, we now, more than to send a report to Congress by July 1 Colin Powell has talked about it. He ever, need a political and diplomatic of this year certifying whether Iraq is said: solution in Iraq. meeting responsible benchmarks. The As the past 2 months have brutally American people deserve to know if the I am not persuaded that another surge of revealed, the escalation is not working. troops into Baghdad for the purpose of sup- sacrifices made by our troops are being The civil war has intensified and our pressing this communitarian violence, this met by the Iraqi Government. civil war, will work. troops are stuck in the middle of sec- Specifically, the American people de- The numbers speak for themselves. tarian violence and find themselves the serve to know if the Iraqi Government More than 3,300 Americans have died in target of insurgent attacks. It is hard has given U.S. and Iraqi security forces Iraq and nearly 25,000 have been wound- to argue that the situation on the the authority to pursue all extremists, ed. A few days ago, 9 more U.S. soldiers ground—both for our troops and for including the Sunni insurgents and the were killed in a bombing, and 20 more Iraqis—has gotten better. Shia militias. Last Wednesday, the New York U.S. troops and an Iraqi soldier were The American people deserve to Times reported: injured. know if Iraq is making substantial Americans have heard the military Bombs ripped through the streets of Bagh- progress in delivering necessary Iraqi dad killing at least 171 people in the dead- experts, they have heard the Iraq liest day in the capital since the American- security forces for Baghdad and pro- Study Group, they have seen the sac- led security plan for the city took effect two tecting those forces from political in- rifice of our troops and their families, months ago. terference. and now they are demanding a change Two days ago, the Boston Globe We deserve to know if Iraq is inten- in course. But, sadly, the President re- noted: sifying efforts to build balanced secu- fuses to listen. He is ignoring the mili- The deaths raised to 85 the number of U.S. rity forces throughout Iraq that pro- tary experts, the bipartisan Iraq Study servicemembers who died in Iraq in April, vide evenhanded security for all Iraqis. Group, and the American people. making it the deadliest month for American Specifically, we deserve to know if It is clear the Iraqi civil war requires troops since December, when 112 died. the Iraqi Government is making sub- a political solution, not a military so- According to the Associated Press: stantial progress in meeting reconcili- lution. Our servicemembers have done Outside the capital, 1,504 civilians were ation initiatives, including enacting everything we have asked them to do. killed between Feb. 14 and Thursday, April 12 laws to equitably share oil revenue

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.002 S25APPT1 hmoore on PRODPC68 with HMSENATE S5016 CONGRESSIONAL RECORD — SENATE April 25, 2007 among all Iraqi regions, whether they Our wounded warriors and our vet- bill provides $1.8 billion for veterans are adopting laws for provincial and erans have faced massive budget short- health care; $20 million to repair Wal- local elections, whether they are re- falls. They have faced horribly long ter Reed Hospital; $6.9 billion to repair forming their laws banning members of waiting lines and sickening hospital the gulf coast after Hurricane Katrina, the Baath party from public service, conditions. But this administration long past due; $650 million for the and whether they are shouldering the continues to be reactive to this prob- SCHIP children’s health program; and cost of reconstruction through alloca- lem to this day. It is time for that pos- $2.25 billion to secure our homeland, a tion of oil revenue. ture to end. Taking care of our troops, vital need—securing our ports and bor- Those are reasonable benchmarks taking care of our veterans, taking ders, transit security, screening for ex- Americans should require of Iraq if we care of their families has to be a part plosives at airports—vital needs that are asking our young Americans to put of the cost of this war. are included in this bill. their lives on the line. That is why When it comes to caring for our Somehow the White House is claim- Congress is about to send this supple- troops and our veterans, this adminis- ing that all of those investments are mental request to the White House tration—from the White House, to the unnecessary. I think most Americans with language that begins the phased Pentagon, to the Department of Vet- would disagree. I know most Ameri- redeployment of our troops no later erans Affairs—has consistently waited cans want us to take care of our citi- than October 1 of this year, with a goal until conditions reached a critical zens at home. of removing all combat forces by April stage before taking action to remedy In recent weeks we have heard some 1, 2008—with the exception of those them. false claims about the supplemental who will remain to train and equip In this supplemental conference re- that I want to take a moment to cor- Iraqi security forces, to continue tar- port we are sending to the President, rect. First of all, we are moving this geted counterterrorist operations, and Congress is saying: Enough is enough. bill to the President at a rapid pace. In to protect our remaining U.S. forces. We are finally providing more funding fact, we are moving even faster than From sending our troops to war with- for our troops than even the President the Republicans did last year and the out critical armor, to housing them in himself has sought. The bill we are year before that. squalor at Walter Reid, to leaving sending includes over $100 billion for Secondly, we are doing our job in them to fend for themselves when they the Department of Defense, which I meeting the needs at home. Anyone need mental health care, the Bush ad- should note is nearly $4 billion more who thinks that domestic needs should ministration has utterly failed our than the President’s request for our be ignored in an emergency supple- servicemembers, our veterans, and troops. We provide critical funding for mental ought to look at the last four their families. vehicles that will help our troops be supplementals, all written and passed As we rightfully change the mission protected from these horrible IEDs. by a Republican Congress signed by a of our troops in Iraq and prepare to re- This military has also been brought Republican President. deploy, we cannot—and we must not— to the brink by a President who has, The emergency supplementals ap- forget about our veterans when they time and again, extended their tours proved by Republican Congresses in come home. Nowhere is that failure and called upon our National Guard 2003, 2004, 2005, and 2006 included fund- more apparent than in the handling of and Reserve to join combat brigades in ing for domestic needs. Interestingly, what will one day become known as the Iraq. This supplemental bill will re- during those years, the President never signature wound of this war: traumatic build our overburdened military and complained about domestic funding in brain injury. It is now estimated that calls for an end to the deployment of supplementals. 10 percent of Iraq and Afghanistan vet- nonbattle-ready troops. It provides $1.8 As our Government spends billions in erans have suffered traumatic brain in- billion for the VA to provide first class Iraq, I believe it is our job to also meet jury during their service in Iraq and health care to our wounded and $2.5 bil- our needs at home. If the President ve- Afghanistan. One of the biggest prob- lion for military health care. toes this bill, he is going to have to ex- lems with traumatic brain injury, or For the last 4 years, this administra- plain to the American people why he is TBI, is that it is an unseen wound. tion has conducted this war with little delaying funding to our troops over- Often, because of that, it is regard for the tremendous strains it is seas, why he is blocking funding to misdiagnosed. In too many cases today, placing on the VA, on our veterans, and care for our injured troops, why he is unless a servicemember is involved in their families. Today, we are putting ignoring the will of military experts, an IED incident and is bleeding, he or an end to their neglect. The days of ig- the Iraq Study Group, and the Amer- she is not documented as even having noring our wounded warriors as a cost ican people. He is going to have to ex- been involved in that explosion, if he of this war are over. plain why he is ignoring the needs of was 100 yards away or 200 yards away. As the President acknowledged in a our hard-hit communities that are So as a result, the actual number of speech last September, our terrorist struggling to recover and why he is OIF and OEF veterans with TBI could enemies are more dangerous than ever. standing in the way of security needs be even much higher than the statis- On that point, the President is correct. at home that are so critical. tics today even indicate. Unfortunately, he fails to acknowledge Congress has agreed to a supple- Now, I know many of us are familiar that terrorists are rapidly growing and mental bill that shows our troops they with ABC News anchor Bob Woodruff’s gathering strength outside of Iraq, and come first. The President has repeat- experience with traumatic brain in- he fails to acknowledge that having edly reminded Congress that he is the jury. I personally was moved by Bob’s our forces in the middle of a civil war Commander in Chief and he is the one struggle with his injury. His family is making Iraq sap our ability to com- with the authority to make the mili- had unrelenting hope for his recovery, bat terrorism in other parts of the tary and policy decisions that impact and their ongoing work toward tri- globe. It is clear that terrorist cells not only our troops and veterans but umph was so apparent throughout this with heavy anti-American bents are the well-being of our gulf coast, our horrible situation. Bob Woodruff has gaining power and continue to grow in borders, and the future of America’s se- seen a tremendous recovery from his places such as Afghanistan and Paki- curity. The President is alone in his horrendous injury, but I fear the care stan. If we turn a blind eye to those bunker. If he truly cares about getting he received has not been duplicated anti-American cells and focus only on this funding to our troops as soon as today for thousands of other troops Iraq, the consequences for America’s possible and providing them with the with similar injuries when they have future security are dire. By rede- supplies and the health care and direc- returned home. ploying our forces, we can recon- tion they deserve, he will quickly sign He detailed for us several cases of centrate on the war on terror. We can this bipartisan supplemental bill. soldiers who were suffering from inju- devote our resources toward pursuing Mr. President, 1600 Pennsylvania Av- ries, not unlike his own, and the lack those who would do America harm. enue is just a short distance from Cap- of care they received when they left As we deal with the situation over- itol Hill, but if the President vetoes flagship care centers for our smaller, seas, we cannot neglect our needs at this sensible legislation to give our local hospitals. home. That is why the supplemental troops a successful path forward in

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.004 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5017 Iraq, then he is miles away from the they require the attention of U.S. pol- whole is more secure. And if we lose in will of the American people whom he icymakers. But they will not be solved Iraq, the war is not over, it just gets serves. by an open-ended, massive military en- bigger, and the likelihood of their chil- Mr. President, I yield the floor. gagement. dren being involved in a war in the The ACTING PRESIDENT pro tem- Instead, we need a strategic approach Middle East goes up, not down. So that pore. The Senator from Wisconsin is to redeployment and a global strategy is why they go. That is why they are recognized. Only 1 minute remains on to defeat the threats posed by terrorist not withdrawing. That is why enlist- the Democratic side. networks. As long as the President’s ments are up, not down, because they f Iraq policy goes unchecked, our mili- get it. tary will continue to put their lives on The Senate doesn’t get it. The Demo- IRAQ SUPPLEMENTAL the line unnecessarily, our constitu- cratic leadership doesn’t get it at all. CONFERENCE REPORT ents will continue to pour billions of Blinded by a dislike of this President, Mr. FEINGOLD. Mr. President, I their dollars into this war, our mili- they can’t see clearly what is going on strongly oppose President Bush’s state- tary readiness will continue to erode, in Iraq. Whether we should have gone ments that the Democratic leaders are and we will be unable to develop a or not is over; we are there. There are trying to use the current emergency strategy to truly confront al-Qaida. other people who are there who would supplemental bill to make a political If the President vetoes this bill, he like to win this war. Al-Qaida is there statement. Congress is acting on its will be rejecting the wishes of the in large numbers, trying to kill this in- mandate from the American people, American people and the imperatives fant democracy, because they know if a who used their votes last November to of our national security. I will oppose democracy can flourish in Iraq, their register their opposition to the war in any efforts to send a weaker bill to the agenda has taken a mighty blow. Iraq. President’s desk and I will continue to How are they trying to drive us out? The President has repeatedly made it speak out on this issue until the voices By killing civilians and coalition clear that nothing—not the wishes of of the American people are finally forces in as large a number as they can the American people, not the advice of heard in Congress and the White House. muster. military foreign policy experts, not the Mr. GRAHAM. Mr. President, we So is it going to be the foreign policy concerns of members of both parties— have 30 minutes; is that correct? of the United States when it comes to will discourage him from pursuing a The ACTING PRESIDENT pro tem- fighting terrorism that if they can kill war that has no end in sight and that pore. The Senator is correct, there is 30 enough of us—whatever that magic has no military solution. With our he- minutes remaining. number is—we leave? You win? Do you roic troops stuck in an Iraqi civil war, Mr. GRAHAM. Would the Presiding think for one moment declaring Iraq Congress cannot wait for the President Officer let me know when 10 minutes lost makes us safer? There is sectarian to change course. We must change the have passed? violence in Iraq, but there are plenty of course ourselves. The ACTING PRESIDENT pro tem- people of the Shia, Sunni, and Kurdish Once again, President Bush is stall- pore. The Senator will be notified. persuasions that want the same thing ing for time as he threatens to veto a f for Iraq that we want. There are Shia bipartisan bill that could finally extremists who want to align with change the course in Iraq. IRAQ WAR SUPPLEMENTAL Iran. There are Sunni extremists who Although the conference report does Mr. GRAHAM. The President will want to come back in power and have not go as far or move as quickly as I veto this measure. He should. It is one the good old days of Saddam. They are would like, it is an important step to- of the worst ideas to ever come out of in the minority. There is not open civil ward ending the President’s misguided the Congress in the history of warfare war in this country. There are extrem- policies in Iraq. It requires the Presi- that the United States has been en- ists groups representing the Sunni and dent to begin redeploying U.S. troops gaged in. It sets a date for withdrawal. the Shia sects that are trying to from Iraq, while permitting troops to I think it is October. It intrudes on the change Iraq for their purposes, bend remain in Iraq for defined and narrow President’s Commander in Chief role. Iraq to their will, against the majority purposes: To protect U.S. personnel It is letting the enemy know exactly of Iraqis, and in the middle of these and facilities, to engage in ‘‘targeted what they have to do in terms of date sects is al-Qaida. In the middle of these special actions’’ against al-Qaida and and time to win in Iraq. Everyone who sects is Iran. their affiliates and to train and equip dies waiting on the time to pass, what Why is Iran playing so hard in Iraq? Iraqi forces. The vast majority of our have they died for? What have they The biggest nightmare to this Iranian troops would have to be redeployed, been injured for? theocracy would be a democracy on thus bringing to an end our current in- What I would like to point out is that their border, where different groups volvement in what may be the greatest we should talk about those who have would live together, where a woman foreign policy blunder in American his- lost their lives in Iraq wearing the uni- could have a say about her children, tory. form, and civilians included, who have where people could vote for their lead- Some of my colleagues may still feel been serving our country. But we ers, not be dictated to from on high. we should defer to the Commander in shouldn’t use their deaths as a reason That is why they are playing in Iraq. Chief. But these arguments disregard to withdraw from a war we can’t afford That is why al-Qaida is there. our congressional responsibilities. Con- to lose—and we have not lost. We The question is, Why do we want to gress authorized this war and we have should be honoring their service and leave? It is tough to watch young the power and the responsibility to their sacrifice, their ultimate sacrifice, Americans killed and maimed in war, bring it to a close. because they are standing for our na- but we didn’t start this war. War is in- We have a responsibility to end a war tional security interests. Why do they evitably about young people getting that is taking away resources from our serve? Why do they go to Iraq? Why do hurt and getting killed. That is why top national security priority—the they keep reenlisting in the Iraqi the- the world—after so many thousands of global fight against al-Qaida and its af- ater and the Afghan theater at a higher years, it seems as if mankind would filiates. Let me remind my colleagues rate than the military as a whole? have learned that war is not the way, that this is indeed a global fight—fo- What do they see about Iraq that peo- but we haven’t learned that lesson as cusing so much of our resources on one ple here in the Senate are blinded to? mankind. The people who attacked us country against an enemy that oper- Why would they keep going back to a on September 11, 2001, there will never ates around the world is shortsighted war they believe is lost? Why would be a surrender document negotiated and self-defeating. they go three and four times? Why with them. I am not suggesting that we leave the would they enlist at levels beyond any Iraq was about replacing a dictator Iraqis to their own devices. There are other group in the military? who was trying to make a joke of U.N. many serious and troubling political Because they know after having gone inspections, trying to make the world problems in Iraq that are driving the that if we win in Iraq, their children, and his neighbors believe that he was insurgency and sectarian struggle and their grandchildren, the Nation as a acquiring weapons of mass destruction.

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.005 S25APPT1 hmoore on PRODPC68 with HMSENATE S5018 CONGRESSIONAL RECORD — SENATE April 25, 2007 It was a dictatorship that was sending We have not lost this war. We will for the young people of Anbar Province money to suicide bomber families in never lose this war as long as we have to join the police—before, we could not Palestine. It was a dictatorship that the will to win. If we have half the po- get anybody to join the Iraqi police— was making everything in the Middle litical courage as those who reenlist and they came in such large numbers East harder. It was a dictatorship that and go back three and four times, or that hundreds were turned away be- was shooting at American airplanes the physical courage, there is nothing cause we could not process them. every day in violations of U.N. agree- we can’t accomplish in Iraq. Diyala is a result of success in Bagh- ments. It was a dictatorship that is Some people worry about their next dad. Al-Sadr left Sadr City because we now in the ash dump of history. From election, and they are trying to get are in there now and are going to this dictatorship we are trying to do right with the polls. My focus is on places we have never gone before. The something new and different for the those who reenlist time and again and mayor of Sadr City aligned with us, Mideast, and it will inure to our ben- who are literally sacrificing everything and they tried to kill him. He is in the efit greatly as a nation: create the abil- they have to offer to their family and hospital clinging to life. He tasted ity of different people from different to their country. what the Shia extremists had for his backgrounds to vote for their leaders, So when we mention the death of people, the Shia, and he said no. to live under the rule of law, and not someone wearing the uniform in the the rule of the gun. That makes us service of our Nation as a reason to The only people I know of right now safer. It changes the Mideast, and it is withdraw from a war we cannot afford who seem to believe walking away a great blow to the terrorists. That is to lose, shame on this body. This bill from the fight in Iraq doesn’t have se- why they enlist. That is why they keep will be vetoed. This new general, Gen- vere consequences for the world are the reenlisting. That is why they are eral Petraeus, is committed to win- ones in this body. I cannot envision a dying. ning, has a plan to win, and the ques- failed state in Iraq leading to a more Now, our majority leader, Senator tion is, Are we going to undercut him? secure United States. I cannot envision REID, who is a fine fellow, and I have If you passed the legislation and this walking away from Iraq, declaring the enjoyed working with him, has made a legislation went to the President’s war lost, not empowering al-Qaida be- colossal mistake for the ages by declar- desk and he did not veto it, then you yond any other single event that we ing this war lost. Not only does it run would be cutting the legs out from have engaged in since 9/11. The con- against the grain of the way Americans under General Petraeus. You would be sequences of destroying General feel about combat when our Nation is making everything that he is doing im- Petraeus’s chance to be successful are at war, it runs against the reality of possible to accomplish because you enormous for the national security in- the consequences of having declared would change the dynamics on the terests of this country. the war lost. To me, it shows a lack of ground so he would have no chance. understanding of what that statement Declaring a war lost by the Senate And, yes, it is working. Violence is majority leader is unprecedented, ill- means because when you say the war is part of the 21st century. Israel lives lost, the next question to ask is, if we advised, and it is something we need to with this every day. They don’t let sui- lost, who won? In war, there are win- quickly correct because if we have lost, cide bombers define the fate of Israel. ners and there are losers, and if the the people who will claim victory are Are we going to let suicide bombers our worst nightmare. We will be send- majority leader has declared us the define the foreign policy of the United loser, then the question needs to be ing young men and women back to the States? If we give them Iraq, you bet- Middle East to fight extremism in asked by the world and this country: ter double the size of the military be- Who won that war in Iraq? other countries as far as the eye can cause we are going to go back with a Well, I will tell you who will claim see or we can give this new general a bigger war, not a smaller war. So I credit for winning the war in Iraq—al- chance to be successful, give him the Qaida. They will put on their Web site hope once the President vetoes it, we time, the money, and the resources he and in their propaganda to anybody will understand that this new general needs to be successful, honor each who will listen: We won in Iraq. I guar- with a new strategy is our best chance death as a noble sacrifice for the cause for success—with no guarantee because antee you, if we lost, they won. Do you of our freedom—for our own freedom, we have made so many mistakes in the feel comfortable with that as a Senator for the alignment of moderation past. representing the United States of against extremism—or we can let the The biggest mistake was not having America? I don’t. car bomber and the suicide bomber Who else won, if we lost? The Shia enough people to secure the country. If we want political reconciliation, which drive us out of Iraq. We can let them extremists who are trying to turn Iraq dictate our foreign policy. into a theocracy aligned with Iran. we know we have to achieve to win in Does that satisfy you as a United Iraq, how can we have it without secu- If we do that, we can come back States Senator? Is that OK with you? rity? Why don’t we have security? We home thinking we are safe, but we will It is certainly not OK with me. The let the country get out of control. We have unleashed Pandora’s box. The Sunni extremists, they won, the ones didn’t have enough troops on the Gulf States are next if we lose in Iraq, who are trying to take Iraq back to the ground or enough capacity to train and and then eventually Israel. The con- good old days of Saddam. fight. sequences to our national security in- Who are the biggest losers beyond us? We are doubling the size of the com- terests could not be greater. We know who the winners are, the ex- bat capability in Baghdad, and it is Americans understood what it was tremists in Iraq and al-Qaida, the ulti- working. Mr. President, 16 of the 21 like to live without freedom 200 years mate extreme group. If you believe giv- sheiks in Anbar Province have rejected ago. That is why they died for it. There ing these groups Iraq makes us safer, al-Qaida and aligned with us. Six are people in the Mideast getting a months ago, Al Anbar Province, where you know nothing about human behav- taste of it. Let’s side with those who the Sunnis live, I would have written ior or history as a whole. believe in freedom against those who off. But now it is the greatest success This is not Vietnam, I say to my col- want to take us to the dark ages. leagues. This is the 1930s all over again story of the new strategy. We are still where we have world leaders trying to losing people in Anbar, but we are I yield the floor. appease a tyrant—give him Czecho- fighting along with the sheiks to com- The PRESIDING OFFICER (Mr. slovakia, give him one more country, bat al-Qaida because they have seen TESTER). The Senator from Louisiana him being Hitler. Did that satisfy his what al-Qaida holds for them and they is recognized. appetite? The moral of the story is have said, no, they don’t want to live Ms. LANDRIEU. Mr. President, I ask that when we let tyranny go un- under the al-Qaida banner. They have checked, when we give into the dark tasted it and it doesn’t taste well. They unanimous consent to speak in morn- forces of humanity, when we allow peo- are coming our way. ing business on another subject for up ple who slaughter the innocent to win Four thousand marines in Anbar to 10 minutes. wars, we don’t end their desire, we province are making a huge difference. The PRESIDING OFFICER. Without whet their appetite. The sheiks, the tribal leaders, called objection, it is so ordered.

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.007 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5019 FIRST RESPONSE BROADCASTERS the reporters could report what was sponders, and their food, water, and ACT happening, and even those of us in pow- fuel will not be allowed to be taken Ms. LANDRIEU. Mr. President, I rise erful positions could get a better han- away, so that the public can get the in- today not to speak about the Iraq war dle on the situation. formation they are desperate for in as or the supplemental, which has been As local radio and television stations independent and accurate way as pos- the focus of this morning’s debate. I stand up, as so many did, and put com- sible. will return to the floor later to speak mercial interests aside to serve the It also creates a matching grant pro- on both of those subjects. I wanted to public interest, the Federal Govern- gram. It also helps to bring broadcast take a minute this morning, while we ment, in my opinion, should be ready engineers back into the disaster zone had some time, to speak about a bill I to stand up with them. That is what more quickly to restore transmitters intend to introduce later this week this bill is about. It is not a long or and other key facilities. with my cochair, the ranking member complicated bill. It really doesn’t cost No disaster warning evacuation plan of our new Subcommittee on Disaster very much money. But it will have a or emergency instruction matters if it major impact as this Nation tries to Recovery, Senator TED STEVENS from cannot get to the people who need to Alaska, and other members of my sub- fashion better responses for our coun- hear it. That is basically why this bill try. We are in desperate need of new committee, Senators CARPER and is so important. tools, new tool boxes, and this is one of Finally, the bill is very important for PRYOR, as we begin to lay down pieces of legislation that are apparent and them. the journalists, who depend on all of In fact, for more than 50 years, we necessary to improve the general dis- this equipment, technology and access have required local broadcasters to be aster response for this country, which to do their job, which is to report the at the front line of sounding the alarm has been found to be severely lacking. story in as accurate a fashion as they The bill I will introduce later today in a disaster. With the entire industry can to the public that needs to respond, is called the First Response Broad- dependent upon public airwaves, broad- as well as the first responders them- casters Act. It is a piece of legislation, casters have a duty to serve the public selves, and to Government leaders. as I said, I will be filing with other in times of crisis. That is what so For journalists working to tell the members of my subcommittee. many of them did. story, newspapers and Web sites in- As my State continues to rebuild out This is why stations today are re- cluded, the bill makes sure that the of the rubble and destruction and dev- quired by law to be part of the emer- local officials who know the local re- astation of the first and third worst gency alert system. At the system’s porters best decide where the journal- natural disasters to hit the country, core are 34 primary entry points, radio ists can go, who can go and how long and the subsequent levee breaks that stations with direct lines from emer- they can stay. filled up a major American city within gency command centers in Washington Again, there will be no longer a con- 24 hours and continues to wreak havoc and in their State. But half of our tract, part-time FEMA official direct- on those struggling to get home and re- States don’t even have these entry ing the news media or the broad- build their lives, we learned one of the points. To receive an alert in Mis- casters. The law will govern their basic most vital lessons was that informa- sissippi, for example, you needed to rights, put them on the right list, tion—good information, accurate infor- rely on the message being passed on make it clear they themselves are first mation—was not only vital, but it was from station to station from an entry responders and, in this Senator’s view, essential as the first building block to point in Louisiana. extremely important first responders. One of the several things this bill our recovery. In providing it, all of our I am extremely pleased to have Sen- does is add primary entry points to local media—broadcasters, Web sites ator STEVENS join me. This is a bipar- every underserved State and region to and newspapers—did an amazing job to tisan bill. It is not complicated, it is make sure every State has an equal rather simple, but critical as we begin keep the people of Louisiana and our chance to be well prepared when dis- region and the gulf coast informed. to stand up a better disaster response aster strikes and to try to put their this country is certainly most worthy Frankly, they also kept informed the best assets forward. I have said many Nation and world community that was of. The people of Louisiana, Mis- times that all the assets in the world, sissippi, Texas, Florida, and other aghast at what was happening in south all the plans in the world are not worth Louisiana and the New Orleans region parts of the country are still suffering the paper they are written on, or the from disasters that in split seconds, in from Katrina, and in the Southwest re- text found on Internet Web sites, if you gion from Rita 4 weeks later. minutes, sometimes in a few hours, cannot communicate them at the ap- dash the hopes and dreams of millions With phone lines down, cell phones propriate time to the appropriate peo- out, and streets too flooded to move of Americans. ple in the appropriate order. We cannot prevent tornadoes. We around to get any kind of perspective What good is a successful emergency about what was actually happening, most certainly cannot prevent hurri- information chain if the last link fails? canes. We cannot prevent earthquakes. and where the 4 to 20 feet of water was By technical necessity, this last link is coming from, when we had never seen We can do a better job of predicting right in the disaster’s path. Simply them. But the most important thing anything like that in the history of our put, a transmitter needs to be in the city, the sound of local radio and tele- we can do is to warn people and help same area as the people in need of a people deal with these terrible trage- vision stations was what hundreds of warning. thousands of my constituents relied on. dies that come their way. Despite our Federal investment in In this Senator’s view, we have a lot It was the only voice for them in the emergency systems and entry point first darkest days and nights, and it of work to do. stations, there were several gulf coast I yield the floor and suggest the ab- continued for weeks and months. Actu- broadcasters after the hurricanes who sence of a quorum. ally, Mr. President, it continues to this could not stay on the air simply be- The PRESIDING OFFICER. The day. And because of the credibility of cause the Government, our Govern- clerk will call the roll. our local broadcasters at a time when ment, took their fuel away. Let me re- The assistant legislative clerk pro- the public needed them, they were peat this. The stations struggling to ceeded to call the roll. there. Our local broadcasters provided stay on the air, to tell first responders Mr. SUNUNU. Mr. President, I ask lifesaving information. and others what was actually hap- unanimous consent that the order for As you will recall, we have lost over pening, to try to get their signals up, the quorum call be rescinded. 1,000 lives in Louisiana and over 200 their electricity up, so when people in The PRESIDING OFFICER. Without lives in Mississippi. But many lives, I Washington kept asking what is going objection, it is so ordered. am convinced, were saved because on, we could give some answers, the f broadcasters, having lost their own fuel was confiscated because some low- stations, their own equipment, their level FEMA person decided they had CONCLUSION OF MORNING own homes, and with their own loved higher priorities. BUSINESS ones missing, stayed on the job. More When this bill is passed, local broad- The PRESIDING OFFICER. Morning importantly, they stayed on the air so casters will be on the list as first re- business is closed.

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.008 S25APPT1 hmoore on PRODPC68 with HMSENATE S5020 CONGRESSIONAL RECORD — SENATE April 25, 2007 AMERICA COMPETES ACT tors, whether they are Democratic or Where in this bill did we look at The PRESIDING OFFICER. Under Republican. They are insulated from these 106 programs to make them work the previous order, the Senate will re- those things, and that is why it has better? Where in this legislation did we sume consideration of S. 761, which the been so successful. review which of these programs is most Unfortunately, in the underlying bill clerk will report. effective and most focused on encour- before us, there is for the first time The assistant legislative clerk read aging students to pursue careers in ever a provision to set aside some of as follows: science, technology, and mathematics? that money for a specific area of inter- Rather than do that, the authors of A bill (S. 761) to invest in innovation and est. It may be an interesting area and education to improve the competitiveness of this particular provision, section 4002, the United States in the global economy. a very valuable area—the area of say, well, the National Science Foun- human resources and education—but Pending: dation does work in these areas, so never before have we set aside in legis- let’s make sure they are guaranteed $1 Bingaman (for Sununu) amendment No. lation funding in this way: over $1 bil- 938, to strike the provisions regarding billion a year and guaranteed increases lion of the approximately $6.5 billion over time. strengthening the education and human re- the National Science Foundation has sources directorate of the National Science I think that is the wrong approach to Foundation. to spend each year being set aside for take. It is the wrong approach to take Bingaman (for Sanders) amendment No. this purpose. For the first time, it for the National Science Foundation. 936, to increase the competitiveness of Amer- guarantees a specific authorization. The scientists who are supported by ican workers through the expansion of em- For the first time, the legislation that foundation have visited me in my ployee ownership. would guarantee a specific increase for office—I am sure they have visited AMENDMENT NO. 938 this particular area in outyears. For with many other Members of Con- The PRESIDING OFFICER. Under the first time, and maybe even what I gress—and time and time again they the previous order, there will now be 30 think is most fundamentally wrong, it have said, protect the peer review proc- minutes of debate with respect to says that because of these protections, ess, protect the investment in basic amendment No. 938, with the time this is a more important area. We don’t science and mathematics. That is what equally divided and controlled by the provide this protection to chemistry or I intend to do as a Senator, and that is Senator from New Hampshire and the physics or computational mathe- why I have offered this amendment to Senator from Massachusetts or their matics. They do not get a designated strike that provision that sets aside designees. allocation in this bill. They do not get funds, that guarantees an increase, be- Who yields time? a specific increase in funding year on cause it is not the right way to deal The Senator from New Hampshire. year in this bill. But we give it to the with the National Science Foundation. Mr. SUNUNU. Mr. President, I under- area of human resources. Mr. President, I yield the remainder stand under the order that I will con- As I said, that is a worthwhile area of my time. trol 15 minutes, and I believe Senator for investment, the side of education, Mr. BINGAMAN. Mr. President, obvi- BINGAMAN will control 15 minutes in it can certainly make a difference, but ously, I have great respect for my col- opposition. when we start setting it ahead of, on league from New Hampshire, and par- This morning we have 30 minutes of top of, and at a higher priority than ticularly because he is, I believe, the debate on an amendment I offered yes- the physics, chemistry, computational only trained engineer in the Senate, I terday afternoon. This amendment mathematics, for which the National certainly pay attention when he speaks deals directly with the National Science Foundation is not just de- on issues related to engineering and signed but for which it is world re- Science Foundation, which I think science, and I think we all need to do nowned, we are making a huge mis- many Members of Congress believe is that. But I think he is clearly wrong in take. We make a mistake not just be- the crown jewel for Federal initiatives, this circumstance, and let me explain cause it is wrong to set it ahead of investment, and funding of basic sci- why. these other programs but it is a mis- entific research—research in chem- The Senator is offering an amend- take because it sets us on the wrong istry, mathematics, physics, material ment to strike the provisions of this path, because the next time we do leg- science—that provides benefits that are bill that provide for annual funding in- islation such as this, someone else is spread over countless areas of our creases for education and human re- going to want to set aside funds for an- economy, provides benefits over very other initiative and someone else is source programs at the National long time horizons. This is basic re- going to want to guarantee an increase Science Foundation. The purpose of the search the markets don’t invest in, for another area of programming. Over provision that is in the bill he wants to venture capital firms don’t look at. It time, we will undermine, weaken, and strike is to ensure the continued in- is fundamental science carried out at perhaps even destroy the integrity of volvement of experts at the National the best laboratories and universities the competition and peer review proc- Science Foundation in improving across America. ess that is at the heart of the National science, technology, engineering, and I worked at one time in my career as Science Foundation. math education at the elementary, sec- an engineer. I studied to be a mechan- Those who will oppose this amend- ondary, and the postsecondary level. ical engineer. I worked as an electrical ment will say this is about human re- This underlying bill, S. 761, provides engineer. I have a little bit of an under- sources and education and we care for substantial increases in funding for standing of some of the scientific prin- about those things. Well, I care about the National Science Foundation, and ciples these laboratories, scientists, those things also, but it is still wrong the amount of those increases is con- and graduate students work on every to carve up the National Science Foun- tained in section 401. You can see for single day. I certainly have enough ap- dation funding in this way. Moreover, the next 4 years there are substantial preciation for these concepts to recog- if we care about the education initia- increases. I would reiterate, as we have nize that no Member of Congress tives for science, technology, engineer- many times in this debate, these are should be telling the professional lead- ing, and mathematics, we should be authorizing levels. This is not actual ership, the academic leadership at the looking at the report of the Competi- appropriation of money. That is the National Science Foundation, which tiveness Council that categorized over heavy lifting which we are going to program should be funded on any given 106 different science, technology, edu- have to do later on this year. This au- day, month, or year. That is why the cation, and math programs in 8 or 10 thorizes, however, significant increases National Science Foundation has a different agencies, and 34 of them are in funding for the National Science competitive process, a peer review within the National Science Founda- Foundation. process where ideas are submitted and tion, but a dozen are within the De- As appropriations for the National approved by panels of experts in each partment of Agriculture, 13 in the De- Science Foundation increase under this of these areas. partment of Commerce, 9 in the De- legislation, under S. 761, funds for the As I say, it is competitive, it is free partment of Education, 9 in the De- education and human resources pro- from politics, free from earmarks, the partment of Defense, 6 in the Depart- grams will also increase by a propor- pet projects and pet policies of legisla- ment of Transportation, and so on. tional amount. We are not in any way

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.019 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5021 diverting funds from basic research or New Hampshire to be making. He start- the Office of Inspector General. Then other activities of the National Science ed by saying no Member of Congress we go to 2004 and it is the same there. Foundation, and we are not specifying should be telling NSF how to spend In each year, there is a specific author- that they do things they have not tra- their money, basically. We do that ized allocation for each area; one for ditionally done. The National Science every time we pass an appropriations research, one for education, and one for Foundation has a very impressive bill. We tell NSF how to spend their each of the others. record of accomplishment in education money. We also do it whenever we pass The difference in this proposed au- at all levels with regard to science, en- an authorization bill. The last time we thorization is that for education it gineering, and mathematics. passed the NSF reauthorization, which says the number. The allocation for The National Science Foundation is I think was 2003, we specified there pre- education shall go up as much as the the engine of innovation for K–12 cisely how much would go into edu- specific authorization for research. science, technology, engineering, and cation versus into other types of ac- Would the Senator be more com- math education. Strengthening science tivities. So this is not in any way a fortable—and this is my question, and math education is a core mission change. through the Chair, if I may ask this— of the National Science Foundation. I think everyone in Congress knows would the Senator be more comfortable This is not a sideline, this is a core the one thing we are good at is micro- if there were specific number alloca- mission. When the agency was founded, managing. We do not give tens of bil- tions which are enacted now for future Congress recognized the importance of lions of dollars to any agency and say years? In other words, if we turn the involving scientists in the critical do what you want. We tell them we percentages or the suggestion that it questions relating to science edu- want this much spent on research and ought to go up the same amount and cation, and they made science edu- development, and we want this much say, instead of that, we will take a cation a key part of the agenda of that spent on education. number and insert it in there for each agency. The National Science Founda- The one other point my colleague of those years? Because that is exactly the way it is done in the current bill. tion programs range from graduate fel- from New Hampshire made is we should Mr. SUNUNU. Mr. President, I am lowships to programs for secondary not get into interfering with the peer happy to respond. First, I would cer- school teachers, to informal museum review system, which is designed to en- tainly be more comfortable if the guar- programs. They are designed to attract sure the best activities are chosen. We anteed increases were struck from the students to science, engineering, tech- anticipated that problem and agree en- bill, because that is a protection, a nology, and mathematics. They are de- tirely with him. Section 4007 of this consideration for this area of funding signed to give them the preparation legislation, on page 183, is entitled that isn’t given to other areas of fund- and the fundamental knowledge they ‘‘Reaffirmation of the Merit-Review ing. I would have concern about that need to pursue undergraduate and Process of the National Science Foun- allocation in past years, again because graduate degrees, and they are de- dation,’’ and it says: it puts this particular area in effect signed to support the completion of Nothing in this division or division A, or ahead of the different disciplines of those degrees. the amendments made by this division or di- chemistry, math, or physics. It treats The EHR, which is the education and vision A, shall be interpreted to require or it somewhat uniquely. human resources directorate within recommend that the National Science Foun- To the response on the point about the National Science Foundation, also dation (1) alter or modify its merit-review system or peer-review process; or, (2) exclude appropriations, Senator BINGAMAN is pursues ways for advancing participa- absolutely right. Each year we do an tion and equity in access for all who the awarding of any proposal by means of the merit-review or peer-review process. appropriations bill that is much more are interested in pursuing careers in specific than this, where, ultimately, these fields. As a research and develop- So there is nothing in the section the Senator would have us strike that in allocations are made in the specific ment institution, the National Science areas of research, chemistry, or phys- Foundation is uniquely situated to any way undermines the peer review system. That is certainly something I ics. That is based, however, on a re- bring insights to science and math edu- quest by the National Science Founda- cation, and that is the reason why we would not support doing. I believe very strongly this is not a tion itself in front of that Appropria- gave them that job. tions Committee. It is based on an ex- The National Science Foundation good amendment; that deleting section 4002, which is what the Senator’s change for that given year. education programs are a catalyst for I would agree with you, the peer re- amendment would do, would be a sub- change in education, and they have view process needs to be protected. We stantial mistake, and I urge my col- been demonstrated to do that. Let me shouldn’t be specifying in authorizing give one example of a successful pro- leagues to resist the amendment. language—even if you make the point gram, which is NSF’s math and science I yield the floor. it is not meaningful because it is only partnership program. An analysis of 123 Mr. ALEXANDER. Mr. President, an authorization—we shouldn’t be schools that participated in that pro- how much time remains? specifying how much money we are gram shows improvements in student The PRESIDING OFFICER. There is going to allocate to superconducting proficiency in math and science at the 7 minutes remaining in opposition. materials in 2008 or how much funding elementary, the middle, and high Mr. ALEXANDER. Mr. President, if we are going to authorize for plasma school levels over a 3-year period. This you would let me know when 3 minutes physics in 2009. year, the National Science Founda- remain. We should be much more responsive tion’s budget includes $30 million for I am trying to respect Senator than that, not prejudge what the needs these MSP, or math and science part- SUNUNU’s amendment, because he is a of the National Science Foundation are nership, awards. very careful student of these matters, going to be in the outyears. A recent report by the Academic and I am looking at the authorization Mr. ALEXANDER. Mr. President, I Competitiveness Council found that of bill, and I want to ask the Senator a will take 30 seconds, if I may. I think the 10 math and science education pro- few questions in a moment, if I may, I am reading this differently than is grams at various Federal agencies they and I will do it on my time. the Senator. I am reading the author- evaluated, all 4 of the programs they I am looking at the authorization ization language for the year 2003, 2004, found to be effective were being run bills for fiscal years 2003, 2004, and 2005, 2005, 2006—the existing law, there are out of the National Science Founda- which is the current authorization bill. specific authorization allocations for tion. So the authorization level for In each of those years—the authoriza- each year, not just for education but education and human resources in this tion bill—there is a number for specific for research and for research equip- bill reflects what the President asked authorized allocations for, first, re- ment and for salaries and expenses. It for in fiscal 2008, plus an adjustment of search; next, for education and human goes up each year in the authorization $300 million to allow for the new pro- resources, which is the area the Sen- language that exists today. So we are grams authorized in the bill. ator is objecting to; next, a specific au- reading a different bill. I will be happy, Let me directly respond to the main thorized allocation for research equip- if I am a part of any conference discus- points I understood my colleague from ment; next, for salaries; and next, for sion, if it would help with his concerns,

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.020 S25APPT1 hmoore on PRODPC68 with HMSENATE S5022 CONGRESSIONAL RECORD — SENATE April 25, 2007 to translate the ‘‘as much as’’ into spe- ementary and secondary and postsec- heard from everyone who has spoken cific numbers, if other Senators agree ondary and universities. this morning about the value of the with that. This is an important provision. We peer-review process, the commitment The PRESIDING OFFICER. Who should keep this in the bill. I know it to this critical role of research, basic yields time? The Senator from New is very important to Senator KENNEDY. research within the National Science Hampshire. He was very involved in the discussions Foundation, the desire to make sure we Mr. SUNUNU. Mr. President, let me that went into the drafting of this por- are not giving special treatment, use a portion of my time to address a tion of the bill. As a member of his unique treatment to any particular particular point; that is, equipment. I committee, I strongly object to us de- area within the National Science Foun- fully recognize that equipment is dif- leting this section of the bill. dation, notwithstanding the fact that ferent from funding for specific re- I yield the floor. in this legislation, there are guaran- search. Capital equipment, infrastruc- The PRESIDING OFFICER. The sen- teed proportional increases for human ture, buildings—those are going to re- ior Senator from New Mexico. resources in the educational area. Of ceive separate allocations year on year, Mr. DOMENICI. I wonder if the dis- course, I have to take every Senator at and they are going to receive separate tinguished Senator will yield? their word, but I very much appreciate authorization numbers. But I come Mr. SUNUNU. Mr. President, I am the word and commitment given here back to this issue of whether we are happy to yield 4 minutes to the Sen- to continue to champion and protect going to treat the human resources ator from New Mexico. the integrity of the peer-review process area differently by protecting annual Mr. DOMENICI. Mr. President, I will moving forward. ask that it be taken off the bill, not off increases and whether we are going to Second, I reiterate that there is very his time. ensure that in the future we maximize little done that I can see in the legisla- The PRESIDING OFFICER. That the resources available to the National tion to look at the existing science, time has expired. Without objection, it Science Foundation for its core mis- technology, education, and math pro- is so ordered. sion of research, of investment in grams within our Government. There is Mr. DOMENICI. Very briefly, I wish math, science, and engineering re- support for those programs and even to say to the Senator that he has made search projects. I understand the edu- creation of some new programs in this an eloquent presentation and he has cation role. I understand that is part of legislation, but very little is done to certainly shown people that he under- the mission of the National Science follow up on findings we have in front stands what the National Science Foundation, and I support that effort. of us about weaknesses and duplication Foundation is supposed to do and what But I think we need to be very careful and overlap in these programs and the it does. But there is no question that it before creating long-term setasides for need to make them work better for does two things at least and, in most an area such as this. those math, science, and engineering cases, more. It does research, but it I reserve the remainder of my time. students whom they are intended to also does education. That is enumer- The PRESIDING OFFICER. Who benefit. I encourage my colleagues to ated in the year we are in and enumer- yields time? continue to pursue these very ques- ated in the outyears. That, along with Mr. BINGAMAN. Mr. President, how tions as this bill moves off the floor other activities, including research much time remains? and into conference. The PRESIDING OFFICER. The Sen- that the Senator is worried about, is ator has 2 minutes. enumerated and protected by an actual I understand there were a lot of sen- Mr. BINGAMAN. How much time re- appropriation; that is, the thing that sitive issues and committee jurisdic- mains for the Senator from New Hamp- worries him is the one that should tions and tradeoffs that had to be made shire? worry all of us, and that is the ade- in constructing the legislation. I un- The PRESIDING OFFICER. A little quacy and assurance of research and derstand the managers of the bill are over 7 minutes. that it will not be gobbled up or picked not going to support my amendment. Mr. BINGAMAN. Let me use the re- at as time changes. But I think the message this amend- maining 2 minutes in opposition to the It seems to me we did it right here ment carries is an extremely important Senator from New Hampshire, and then because we earmarked, in a sense, all one. I hope it will be heeded, not just in the Senator can obviously use as much the different areas and put the two deliberations over the coming year time as he would like. worrying him the most—both of these when we are dealing with math and Let me just reiterate that I think are there. Both research and education science and the National Science Foun- this section which he is proposing that are there. It seems to me that is what dation, to protect what makes it work, we strike is an important section to re- we want to do. I don’t know how you but also as this legislation moves to tain in the legislation. This is some- could do it any other way and we be conference. thing which is a direct outgrowth of able to tell the Senators who helped us I yield any time I have remaining. what the Augustine Commission rec- put this together that they are pro- The PRESIDING OFFICER. If all ommended. They recommended that we tected for science research and for edu- time is yielded back, the question is on increase funding for the National cation. That is really what we are try- agreeing to the amendment. Science Foundation and that we ensure ing to do because they worked hard on Mr. SUNUNU. I ask for the yeas and that the National Science Foundation it. They thought this was an area of nays. substantially increase its efforts with importance. We agreed with them. It regard to science education. That is turns out, as Senator BINGAMAN said The PRESIDING OFFICER. Is there a what this provision does. That is what just two moments ago, it is true, this sufficient second? There is a sufficient this section of the bill does. It says we bill is beginning to sound right because second. want to increase authorization for the it is saying we were really hurting on The clerk will call the roll. National Science Foundation, and as basic science, and this is an area, the The assistant legislative clerk called we are doing that, we want to be sure National Science Foundation, an in- the roll. there is adequate funding, there is ade- strumentation of our Government, Mr. DURBIN. I announce that the quate attention given to science edu- which has been doing very well and we Senator from South Dakota (Mr. JOHN- cation. want to give them a lot of extra money SON) is necessarily absent. I believe, if there were a single thing if we want to do this, a bill like this, Mr. LOTT. The following Senator is which the National Academy of for our country. necessarily absent: the Senator from Sciences report concluded, it is that we I thank the Senator for the time. Arizona (Mr. MCCAIN). are investing way too little as a coun- The PRESIDING OFFICER. The Sen- try in science and engineering and ator from New Hampshire. The PRESIDING OFFICER. Are there math education across-the-board—in Mr. SUNUNU. Mr. President, in clos- any other Senators in the Chamber de- the Department of Education, in the ing, let me thank the Senator from siring to vote? Department of Energy, in the National New Mexico for his points. I certainly The result was announced—yeas 24, Science Foundation, in our schools, el- appreciate the commitment I have nays 74, as follows:

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.023 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5023 [Rollcall Vote No. 141 Leg.] down at 4 o’clock and complain. We well as the Banking Committee. But it YEAS—24 have a lot of time, but it will be useless is an economic development issue, and Allard DeMint Kyl if Senators do not bring their amend- I am sure, between Senator BAUCUS and Bunning Graham Lott ments down. We know there are some myself, we can conduct a hearing that Burr Grassley Sessions will complement both committees’ ju- Chambliss Gregg Shelby floating around, but we certainly do Coburn Hagel Sununu not have an adequate understanding of risdictions. Cornyn Hutchison Thomas how many Senators have. It would be Mr. SANDERS. Mr. President, if my Craig Inhofe Thune helpful if Senators would send us a friend will yield briefly, Senator BAU- Crapo Isakson Vitter message that they have amendments CUS is a cosponsor of this legislation, NAYS—74 and what they amount to. We will along with Senator LEAHY and Senator Akaka Dorgan Murkowski work with Senators so we can get them LINCOLN. Alexander Durbin Murray done quickly. Mr. President, I yield back to the Baucus Ensign Nelson (FL) Bayh Enzi Nelson (NE) Mr. President, I thank Senator Senator. Bennett Feingold Obama BINGAMAN. Mr. DODD. Mr. President, I thank my Biden Feinstein Pryor The PRESIDING OFFICER. The Sen- colleague for his observation. I see my Bingaman Harkin Reed ator from Vermont. friend from Alabama is in the Cham- Bond Hatch Reid AMENDMENT NO. 936 WITHDRAWN ber, the former chairman of the com- Boxer Inouye Roberts Brown Kennedy Rockefeller Mr. SANDERS. Mr. President, I in- mittee, my ranking member, who cares Brownback Kerry Salazar tended to have considered an amend- about this issue as well. I know of his Byrd Klobuchar Sanders Cantwell Kohl ment I have offered, which is a very interest in the subject matter. Schumer Cardin Landrieu important amendment, which would So we will move forward on this issue Carper Lautenberg Smith Snowe provide assistance from the Depart- in a timely fashion to see if we can Casey Leahy have a good hearing and develop fur- Clinton Levin Specter ment of Commerce to workers, to em- Cochran Lieberman Stabenow ployees who want to move forward in ther interest in this idea, which I think Coleman Lincoln Stevens terms of ESOPs, employee stock own- has great merit. I thank the Senator Tester Collins Lugar ership plans. for raising it. Conrad Martinez Voinovich Corker McCaskill Warner At a time when we are losing mil- Mr. SANDERS. Mr. President, I yield Dodd McConnell Webb lions of good-paying blue-collar manu- to my friend from Alabama. Dole Menendez Whitehouse facturing jobs, white-collar informa- The PRESIDING OFFICER. The Sen- Domenici Mikulski Wyden tion technology jobs, it seems to me ator from Alabama. NOT VOTING—2 that the ESOP concept, the worker- Mr. SHELBY. Mr. President, I thank Johnson McCain ownership concept, is, in fact, an im- my colleague for yielding. The amendment (No. 938) was re- portant model the U.S. Government As Senator DODD said, we are all in- jected. should be exploring in terms of how we terested in promoting the economic in- Mr. BINGAMAN. Mr. President, I help those workers purchase their own terests of our workers. The ESOP pro- move to reconsider the vote, and I companies and keep jobs in the United gram, employee stock ownership pro- move to lay that motion on the table. States of America. gram, has helped a lot of workers cre- The motion to lay on the table was I understand there is a problem with ate wealth, save jobs, and save compa- agreed to. jurisdiction. The chairman and ranking nies in this country. The PRESIDING OFFICER (Mr. member of the Banking Committee I know this is probably a subject CASEY). The Senator from New Mexico. would like to work with me on this matter for a number of committees, Mr. BINGAMAN. Mr. President, let issue. I think we would like to go for- but Chairman DODD said he would hold me just get the attention of Senators ward in terms of holding hearings and a hearing on this in the Banking Com- for a minute. We made good progress then coming forward with some legisla- mittee. I join with him in working on on this bill yesterday, and then, of tion, which seems to me to be a sen- this issue. If this or some other legisla- course, we just had a vote this morn- sible idea. tion like this will help people own com- ing. We are anxious to try to complete What I would like to do is, if I could, panies where they work, I think that is this bill before this briefing which is yield to the chairman of the Banking good for America. scheduled with General Petraeus at 4 Committee, Mr. DODD, and then maybe The PRESIDING OFFICER. The Sen- o’clock this afternoon, if we possibly to Ranking Member SHELBY. ator from Vermont. can. So we would be very appreciative The PRESIDING OFFICER. The Sen- Mr. SANDERS. Mr. President, I very if Members would come to the floor ator from Connecticut. much thank my friend from Alabama with any amendments they have and Mr. DODD. Mr. President, I thank my and my friend from Connecticut. We offer those amendments and take a colleague for yielding. I thank my col- look forward to working with you. short time to explain them. For any of league for his consideration. Mr. President, at this time, I ask them it appears we can accept, we are For those of us who remember the unanimous consent to withdraw my glad to try to accept them. Some we days of Russell Long talking about the amendment. will not be able to accept. But we are employee stock option plans, we all The PRESIDING OFFICER. The anxious to get any additional amend- were lectured considerably during our amendment is withdrawn. ments any Senator wishes to have con- tenure here with Russell Long, who The Senator from New Mexico. sidered brought to the Senate floor as was a strong advocate of the idea of Mr. BINGAMAN. Mr. President, I ask soon as possible. employees being able to have an in- unanimous consent that on Wednesday, I believe both Senator DOMENICI and vested ownership in companies. today, April 25, at 2 o’clock, the Senate Senator ALEXANDER want to say a I applaud my colleague from proceed to debate concurrently three word, and then I believe Senator SAND- Vermont for this idea. It is one that Coburn amendments, Nos. 918, 921, and ERS wishes to speak to his amendment. certainly deserves consideration. I 922; that there be a total of 60 minutes I yield the floor. have told my colleague from Vermont I of debate, divided as follows: 40 min- The PRESIDING OFFICER. The sen- will be happy to either conduct the utes under the control of Senator ior Senator from New Mexico. hearing myself or have an appropriate COBURN and 20 minutes under the con- Mr. DOMENICI. Mr. President, I just subcommittee conduct it, and be in- trol of myself or my designee; that want to second that motion as to what volved with it, as well as the Banking upon the use or yielding back of time, Senator BINGAMAN just said and ask Committee to look at this. the Senate proceed to vote in relation Senators on my side of the aisle to The jurisdiction may also be in the to each amendment in the order listed take a look, as soon as you can, with Finance Committee. I know Senator in this agreement; that there be 2 min- your staffs at this bill and tell us BAUCUS has an interest in this issue as utes of debate equally divided as speci- whether you have amendments. If we well, so I want to be careful about step- fied above prior to the second and third are going to finish at a time certain, ping on the toes of another committee votes; that no amendments be in order we do not want everybody to come that may have some piece of this as to any of the amendments covered

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.001 S25APPT1 hmoore on PRODPC68 with HMSENATE S5024 CONGRESSIONAL RECORD — SENATE April 25, 2007 under this agreement prior to the vote; of bills addressing American competi- My first amendment will assist in the and that the second and third votes in tiveness. Those bills dealt with edu- process of developing these solutions. the series be 10 minutes in duration. cation, with energy, with trade, re- My amendment will encourage school The PRESIDING OFFICER. Is there search, and savings. That is why much systems to think first and plan early. objection? of the work of the Finance Committee My amendment will encourage States Mr. BYRD. Mr. President, reserving this Congress this year will address to look at the big picture. My amend- the right to object. America’s economic competitiveness. ment will encourage States to look at The PRESIDING OFFICER. The Sen- The Finance Committee will shortly education comprehensively. ator from West Virginia. mark up education tax incentives. We My amendment encourages States to The Senator from New Mexico. will follow with tax incentives for incorporate 21st century learning skills Mr. BINGAMAN. Mr. President, I am cleaner and more renewable energy. into the States’ education plan. glad to accommodate the Senator from This year we intend to extend trade ad- Twenty-first century learning skills West Virginia. He asked if I would re- justment assistance, and we hope to emphasize learning skills, collabora- state the unanimous consent request. I address small business health concerns tion, and communication skills. am glad to do that. as well. Each of these bills will help Our students must know science and Mr. President, I ask unanimous con- American businesses remain the math, but more importantly, our stu- sent that on Wednesday, April 25, at 2 world’s leaders. dents must excel in problem-solving and critical thinking skills. Our stu- p.m., the Senate proceed to debate con- The bill before us will help, and it dents must excel in financial, eco- currently three Coburn amendments, will help a lot. The bill before us will nomic, and business literacy. It is Nos. 918, 921, and 922; that there be a promote excellence in education, tech- these skills that students today will total of 60 minutes of debate, divided as nology, and science. I hope to con- tribute a series of amendments to this need to be successful tomorrow. follows: 40 minutes under the control of Our students must also be able to Senator COBURN and 20 minutes under bill. Each, I believe, will bolster Amer- ica’s economic competitiveness. communicate effectively. Twenty-first the control of Senator BINGAMAN or his century skills also include language designee; that upon the use or yielding A noted MIT scholar once com- mented that: learning. back of time, the Senate proceed to This bill sets aside funding for for- vote in relation to each amendment in The ability to learn faster than your com- petitors may be the only sustainable com- eign language programs, but in many the order listed in this agreement; that petitive advantage. rural areas like Montana there are not there be 2 minutes of debate equally di- Having an educated workforce able to enough teachers. The way to help solve vided as specified above prior to the learn and adapt is a cornerstone of a this problem is through distance learn- second and third votes; that no amend- competitive agenda. ing. ments be in order to any of the amend- My first amendment thus encourages That is why I also worked hard to in- ments covered under this agreement States to incorporate 21st century clude in the bill a provision to allow prior to the vote; and that the second learning skills into their curriculum. language funds to go to programs that and third votes in this series be 10 min- This amendment would help our school use distance learning. I am proud of programs such as the utes in duration. systems teach skills to America’s stu- U.S. Arabic Distance Learning Net- The PRESIDING OFFICER. Is there dents that will best prepare them for objection? work out of Montana State University. tomorrow’s economy. This program uses interactive video Without objection, it is so ordered. America faces a world more inte- classrooms to allow two-way commu- Mr. BINGAMAN. Mr. President, I grated, more interdependent, and more nication between the professor and stu- yield the floor and suggest the absence competitive than ever. It is our chal- dents. This innovative solution is help- of a quorum. lenge to succeed in this environment. ing students to acquire important lan- The PRESIDING OFFICER. The It is our challenge to leave our children clerk will call the roll. guage skills. and grandchildren with an economy We must look for more ways to be The legislative clerk proceeded to that is better than the one which we call the roll. creative in our education methods. Our inherited. We must meet this chal- schools must adapt to new challenges. Mr. BAUCUS. Mr. President, I ask lenge. unanimous consent that the order for Our students must begin to learn the Meeting this challenge starts with skills that companies need today, and the quorum call be rescinded. addressing education in a new way. The PRESIDING OFFICER. Without students must learn the skills that This bill is just a beginning. companies anticipate needing tomor- objection, it is so ordered. We must change the way we look at Mr. BAUCUS. Mr. President, in Ec- row. education. As policymakers, we tend to This bill is a piece of the process in clesiastes, the Preacher warns: look at our education challenge like a solving the proof. I will continue work- The race is not to the swift, or the battle multiple choice test. We want to ing on this issue and I encourage my to the strong, nor does food come to the choose between a few simple options— colleagues to do so as well. wise, or wealth to the brilliant, or favor to more science and math classes, more Many of the proposals in these the learned; but time and chance happen to AP classes, or better teachers. But the them all. amendments and this legislation are answers are not as simple as ‘‘A,’’ ‘‘B,’’ good solutions for serious problems, America is used to being the swiftest. or ‘‘C.’’ but addressing our problems is not We are used to being the strongest. We must look at our challenge as if it enough. We must also improve the way America has become used to winning were a math proof. We must think we identify them. We must improve our the race. We have become used to re- through every step, to reach the end diagnosis. ceiving the cream of the world’s result. The process is as important as Getting the right diagnosis is espe- wealth. But we would do well to heed the outcome. The outcome must be ap- cially important to the most dynamic the warning of Ecclesiastes, for time propriate for today’s needs, but the sector of our economy—the services and chance will happen to us, as well. outcome must also be appropriate for sector. Our economy has evolved from New global competitors have entered the needs of the future. agriculture and manufacturing to serv- the race. Over time, they are growing One hundred years from now—even 10 ices. Services industries today com- stronger and more learned. America years from now—our society will be prise 80 percent of our economy. Since cannot leave winning the race to very different from what we see today. 1990, private services industries have chance. We must redouble our speed. If we find the right solution, our stu- added over 22 million jobs. In our inter- We must redouble our learning if we dents will excel in school. If we find the national trade picture, services are a are not to fall behind. right solution, our graduates will be bright spot. Where we so often see defi- That is why I started in June of 2005 ready to enter the workforce. If we find cits, America has a surplus in services delivering a series of addresses on the right solution, America will retain exports. America’s economic leadership. That is its economic leadership. But if we look To keep this sector vigorous in a why, during the last Congress and this only for simple options, we may never global market, we must track its one as well, I have introduced a series reach a solution. health and development. But we don’t.

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.026 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5025 Today, the Bureau of Economic Anal- sion recommended doubling Federal Mr. President, I yield the floor, and I ysis does not produce annual, State-by- spending on energy-technology R&D. suggest the absence of a quorum. State, sector-specific services export But simply increasing funds for The PRESIDING OFFICER. The data. Tracking this kind of export data DOE’s Office of Science is not enough. clerk will call the roll. is critical to knowing where our We also need to establish a new office The legislative clerk proceeded to strengths and our weakness lie. These of research outside DOE. My amend- call the roll. data are critical to knowing where jobs ment to establish ARPA–E would do Mrs. MCCASKILL. Mr. President, I are being created and how to build on just that. ask unanimous consent that the order those successes. These data are equally I am very pleased that the under- for the quorum call be rescinded. critical to knowing where jobs are lying bill proposes an Advanced Re- The PRESIDING OFFICER. Without being lost, and to how we can best help search Projects Authority—Energy, or objection, it is so ordered. those workers. ARPA–E. Mrs. MCCASKILL. Mr. President, I That is why I am offering an amend- The National Academy of Sciences, am a proud cosponsor of the important ment to fund a program in the Bureau the National Academy of Engineering, legislation we have been debating this of Economic Analysis to study services and the Institute of Medicine joined to week in order to help America com- exports in detail, annually, thoroughly, form the Committee on Prospering in pete, to put America in a competitive on a State-by-State basis. We know too the Global Economy of the 21st Cen- place with the rest of the world on little about this sector of our economy tury. Norm Augustine chaired the com- technology and engineering. I know and its standing internationally. This mittee. The committee recommended how important it is that we make amendment would remedy that. creating an ARPA–E: Advanced Re- smart investments right now. In a pre- I also have amendments to improve search Projects Agency—Energy. viously adopted amendment I cospon- America’s energy research. My amend- The new agency would be modeled on sored along with Senator DEMINT, we ment would double funding for the De- DARPA—the Defense Advanced Re- have adopted an amendment I pro- partment of Energy’s Office of Science. search Projects Agency—in the Depart- posed, along with Senator DEMINT, That office is the largest supporter of ment of Defense. Among the revolu- which is important to this legislation. physical sciences research in America. tionary technologies that DARPA has While I support this legislation, It would provide more than 40 percent developed are the Internet and stealth while I think it is very important we of total funding in this area nation- technology for aircraft. invest in technology and invest in the wide. The Office oversees a broad range The Augustine Committee rec- future of our economy in a new, global, of energy-related research, including ommended that ARPA–E be designed to technology-driven marketplace, I also that related to renewable energy. conduct transformative, out-of-the-box am very concerned about the way we For example, the Office of Science energy research. spend Federal money. I am very con- funds research and development In the last Congress, and earlier this cerned about programs that are put in projects at the National Renewable En- year, I introduced legislation to create place that we don’t check back on to ergy Laboratory, or NREL. NREL is an ARPA–E. make sure they are working the way the Nation’s primary lab for renewable The bill before us today proposes a they should and that we are spending energy and energy efficiency R&D. The variation on my legislation by creating money the way we should. The amend- Finance Committee has heard testi- an ‘‘authority’’ within the Department ment that has been adopted—and I mony from two NREL representatives of Energy, instead of an agency. want to thank the managers of the bill this year—Dr. Dan Arvizu, director of My amendment would move the ‘‘au- for accepting the amendment—simply the lab, and Dr. Robert Farrington, thority’’ out of the DOE and establish says this: In 3 years, the GAO has to manager of the lab’s research on ad- it as an agency, and my amendment take a look. The GAO has to come in vanced vehicles. would flesh out some of the details of and do a study on how we have spent Both of these individuals are very the office. all of these billions of dollars we are impressive. I believe strongly that we My amendment proposes that ARPA– going to set aside—precious dollars— must support their work. E be a small agency with a total of 250 precious Federal tax dollars that, Unfortunately, that support has been people. A minimum of 180 of them frankly, have so many needs right now, lacking in recent years. In January, would be technical staff. A director of including bringing our deficit under the New York Times outlined NREL’s the agency and four deputies would control. budget challenges. The Times pointed lead ARPA–E. My amendment proposes I understand sometimes you have to out that: that ARPA–E be funded at $300 million invest money in order to make our Money flowing into the nation’s primary lab- in fiscal year 2008, ramping up to $2.0 economy thrive, and I am all for that oratory for developing renewable fuels is ac- billion in 2012. investment, but it needs to be a wise tually less than it was at the beginning of With gasoline again rising to $3 a gal- investment. The GAO needs to come in the Bush administration. lon and increased concerns about glob- in 3 years and look at the way this The lab got a bit of a boost after that al warming, I believe we need to estab- money has been spent and tell the story was published in January, but lish the most muscular ARPA–E pos- American people—and, most impor- the administration’s 2008 budget still sible. That is why my amendment frees tantly, my colleagues in the Senate plans a 3 percent cut for the lab. the agency from the bureaucratic re- and our colleagues in the House—that We can fix that by doubling the Of- strictions of the DOD, and that is why this money is being used the way we fice of Science’s budget over the next 5 my amendment would elevate the sta- want it to be used: efficiently and, years. This injection of resources tus of the agency by establishing a di- most importantly, effectively. That would provide badly needed funding for rect reporting link to the President. will give us an opportunity to take the NREL and the other national labs. The The underlying bill has taken a crit- temperature of these programs to Office of Science would receive $3.8 bil- ical step forward by proposing an make sure we are not throwing money lion for 2007, a small increase over last ARPA–E. It is now up to the Senate down a rat hole, that we are not com- year’s amount. My amendment would and House to make this terrific idea a ing up with a good idea and never hav- increase the Federal commitment to reality to address the issues of energy ing the discipline to follow up and DOE’s Office of Science to $8 billion by security, energy supply, and global make sure the money is wisely spent. 2011. That is double what the office re- warming. So I appreciate the acceptance of this ceives now, and that is more than a 50 By advancing amendments like amendment. I think it is important. I percent increase over what is called for these, we can help to ensure America’s think doing the kind of followup scru- in the underlying bill. economic leadership. tiny of Government programs is some- This amendment is consistent with a Let us thereby help to ensure that thing that has been woefully lacking in recommendation of the National Com- America’s business remains the swift- Washington, DC, and I look forward to mission on Energy Policy, a bipartisan est. Let us ensure that our economy re- continuing to mandate GAO studies at group of 20 of the Nation’s leading en- mains strong. Let us not leave our eco- intervals in programs such as this to ergy experts. Last week, the commis- nomic future to time and chance. make sure the money is being spent

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.002 S25APPT1 hmoore on PRODPC68 with HMSENATE S5026 CONGRESSIONAL RECORD — SENATE April 25, 2007 the way the taxpayers would want it to Now comes the President with an- and watch the television newscasts and be spent. other supplemental, about $100 billion shake my head because, you see, just a Mr. President, I yield the floor, and I that he wants for the troops to have in few hundred feet away from here in a note the absence of a quorum. the months to come. He will receive closed room, carefully guarded, the In- The PRESIDING OFFICER. The that money. There is no doubt that he telligence Committee was meeting on a clerk will call the roll. will receive it. The Democratic major- daily basis for top-secret briefings The legislative clerk proceeded to ity in the House and Senate has al- about the information we were receiv- call the roll. ready pledged to provide all the money ing, and the information we had in the Mr. DURBIN. Mr. President, I ask our troops need. But we cannot ignore Intelligence Committee was not the unanimous consent that the order for the obvious. It is time for us to have a same information being given to the the quorum call be rescinded. serious discussion in this country American people. I couldn’t believe it. The PRESIDING OFFICER. Without about this war. Members of this administration were in objection, it is so ordered. active, heated debate over whether alu- Mr. DURBIN. Mr. President, I ask The day before yesterday, nine Amer- minum tubes really meant that the unanimous consent to speak as in ican lives were given up in Iraq. Nine Iraqis were developing nuclear weap- morning business. soldiers and marines lost their lives The PRESIDING OFFICER. Without while many of us were in the safety of ons. Some in the administration were objection, it is so ordered. our homes or at our workplace. saying, of course, not, it is not the Whether it is on Sunday with the same kind of aluminum tube; at the IRAQ SUPPLEMENTAL APPROPRIATIONS BILL Mr. DURBIN. Mr. President, in the Stephanopoulos show or every day in same time, members of the administra- next day or two, the House and Senate the Washington Post, I try to make a tion were telling the American people will consider the Iraq supplemental ap- point of reading the names and ages to be fearful of mushroom-shaped propriations bill. This is the fifth year and hometowns of these soldiers, ma- clouds. of our war in Iraq. This is the seventh rines, sailors, and airmen who are cas- I was angry about it. Frankly, I time the President has come to Con- ualties. I do that because I don’t want couldn’t do much about it because, in gress for an emergency supplemental their loss to become a numbing sta- the Intelligence Committee, we are bill. tistic. I want to try to visualize that sworn to secrecy. We can’t walk out- In the ordinary course of events, a 19-year-old soldier, that 23-year-old ser- side the door and say the statement President and administration will sub- geant, that corporal in the Marine made yesterday by the White House is mit to Congress an appropriation. We Corps who was 20 years old. I want to in direct contradiction to classified in- carefully review it, consider amend- try to visualize them in terms of my formation that is being given to this ments, vote on it, and send it back to family and the people I love. I think Congress. We can’t do that. We the President for signature. every Member of Congress needs to do couldn’t make those statements. So in The exceptions to the rule I just gave the same thing—and I hope they do the my frustration, I sat on the floor of the are for emergency situations, unantici- same thing—to remember that it isn’t Senate and listened to this heated de- pated situations, such as natural disas- just 3,320 lives, these are 3,320 sons and bate about invading Iraq thinking the ters, situations that came upon us so daughters and husbands and fathers, American people are being misled, they quickly that we could not have antici- mothers and wives, loved ones. These are not being told the truth. That is pated them. But for 5 straight years are real people and real lives. why I joined 22 of my colleagues in vot- now this administration has insisted So now we are in this debate about ing no. I didn’t believe at the time that that this ongoing war is an unantici- how this war is going to end. It is well the American people knew the real pated expenditure. I wish that were overdue that we have this debate. facts. true, but we have known now for more When we went into this war, we were So what happened? We invaded, than 4 years that this war is costly; told by the President that there were turned loose hundreds, if not thousands first, in terms of human life, and, sec- reasons for doing it. I think most of people scouring Iraq for these weap- ond, in terms of the Treasury of this Americans recall it. I recall the litany ons of mass destruction and never country. Despite that, the President very well. found one of them. We looked for nu- continues to send us emergency bills, First, the administration told us that clear weapons. There was no evidence unanticipated appropriations. Saddam Hussein and Iraq had weapons whatsoever. We went into our intel- This time, almost $100 billion is to be of mass destruction which could be ligence files and said: OK, Saddam Hus- added to the expenses of the wars in used—chemical and biological weap- sein and al-Qaida—let’s get this link- Iraq and Afghanistan. The total cost to ons—in a terrorist mode to kill inno- age put together once and for all. date is somewhere in the range of $500 cent people in the Middle East and There was no evidence at all of a link- billion. We have appropriated that around the world. age. money. We have given the President Second, we were told they were de- The American people were deceived every penny he has asked for and more. veloping nuclear weapons in Iraq, nu- into this war. That doesn’t take a Members of Congress and the Senate clear weapons that could destabilize thing away from the men and women with serious misgivings about this pol- the Middle East and even attack Amer- in uniform who answered the call. They icy in Iraq have said to the President ica. The leaders in this administration stand and fight. They don’t make the as Commander in Chief responsible for were giving speeches about mushroom policy. The policy is made in Wash- our men and women in uniform: We clouds from these nuclear weapons. ington. And they have shown extraor- never want to shortchange them in Then we were told that Saddam Hus- dinary courage. battle. We want them to be safe. We sein had some connection to the al- Now, in this supplemental appropria- want them to come home safe. Qaida terrorists who caused the 9/11 tions bill for Iraq, we want to engage I was one of 23 Senators who voted tragedy in America. the White House and the American peo- against this invasion of Iraq. I thought Then we were told that this madman, ple in an active discussion about where this was a serious mistake from the this dictator, was so ruthless that he this war is going. I don’t want to wake start, but I have never said no to the even killed and gassed his own inno- up every single day and read a headline President’s request for the funds for cent civilians, his own people in Kurd- about 5 more Americans, 9 more Amer- those troops. As I have said often, and ish regions. icans, 10 more Americans losing their I will repeat now, if it were my son or The Senate came to debate this, lis- lives in the middle of a civil war. We daughter in uniform, I would want tening to the speeches by President are saying to the President: It is time them to have everything they need to Bush, Vice President CHENEY, Sec- for you to accept the reality of the sit- come home. I may think this is the retary Rumsfeld, Secretary Colin Pow- uation, and the reality is, as good as worst foreign policy decision in our ell, and Condoleezza Rice, and the de- our military is—and it is the best in time, but it is not to be taken out on bate engaged. At the time of this de- the world—it cannot win a civil war in our troops. They shouldn’t be the bar- bate, I was a member of the Senate In- Iraq. This war dates back 14 centuries. gaining chip in this important debate telligence Committee. I would read the Two sects of the Islamic religion in which is going on in Washington. headlines in the paper in the morning pitched battle for 1,400 years about who

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.028 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5027 is the legitimate heir of the great This failed policy in Iraq may not tinue to risk American lives, if we con- Prophet Muhammad, and our soldiers change until this President has left the tinue to spend $8 billion to $10 billion a are in the middle of this fight? Is that White House, but that doesn’t mean month, they will tackle the tough po- what we bargained for? Had the Presi- congressional action and congressional litical issues in their country, and time dent come to us and said: We want to debate are any less important. If Presi- and time again they have failed. How send in 150,000 American soldiers to dent Bush is not listening, then we long will we wait? How many American risk their lives in the hopes that these trust that the Iraqis will listen. They lives will we offer up while they twid- two warring religious sects will reach should know this Congress will con- dle their thumbs thinking about polit- an agreement in Iraq, he wouldn’t have tinue to work to make one thing very ical possibilities? had two votes in favor of that. But that clear: American troops are coming Mr. President, I ask unanimous con- is where we are today. home. The Iraqis have to stand up for sent to have printed in the RECORD the Meanwhile, this Iraqi Government, a their own country. April 4 op-ed by Leon Panetta. Government which we have had a great I commend to my colleagues and all There being no objection, the mate- deal to do with creating, continues to those who follow this debate an article rial was ordered to be printed in the fail us. from the New York Times of April 4 RECORD, as follows: The supplemental appropriation we this year, just a few weeks ago, written [From the New York Times, Apr. 4, 2007] will send to the President of the United by Leon Panetta, a former colleague of WHAT ABOUT THOSE OTHER IRAQ DEADLINES? States starts talking about bringing mine in the House of Representatives— (By Leon E. Panetta) American troops home, not all at once, a great personal friend, I might add, a not immediate, not a hasty withdrawal SEASIDE, CA.—What has been particularly man who has served this Government frustrating about the debate in Washington that would be dangerous for everyone, at the congressional level and then over Iraq is that everyone seems to be fight- but in a systematic way. Many of us again in the Clinton White House and ing one another and forgetting the funda- believe that is the only way to con- most recently was a member of the mental mission of the war. vince the Iraqis to stand up and take Iraq Study Group. Whether one is for or against the war, the responsibility for their own country, to What he basically says in this article key to stability is to have an Iraq that, in make the important and tough polit- of April 4 is, What about those other the words of the president himself, can ‘‘gov- ical decisions for their own future. Un- Iraq deadlines? What he does is he goes ern itself, sustain itself and defend itself.’’ less and until we do that, I am afraid through and lists all of the deadlines Achieving that goal is largely dependent on we will continue to see the casualties the political reforms that Iraqi leaders have the Iraqis agreed they would live by, promised but failed to put in place in their grow and we won’t see the stability we the things they said they would country. seek. achieve. As you go through them, you As a member of the Iraq Study Group, I This congressional action which we can understand the frustration many of found that every military commander we are sending to the President with this us have about the current situation. talked to felt that the absence of national supplemental appropriation is not The Iraqis promised to achieve by the reconciliation was the fundamental cause of about really sending a message to the end of 2006 or early 2007 the approval of violence in Iraq. As one American general President, unfortunately. He is not lis- a provincial election law. So far, no told us, if the Iraqi government does not tening. We know he has ignored his progress on that. make political progress on reforms, ‘‘all the generals, and they are lined up to say troops in the world will not provide secu- The approval of a law to regulate rity.’’ the policy and strategy in Iraq is not their oil industry and share revenues— Instead of dividing over the strategy on succeeding. He has ignored the Amer- a very hot political topic, and while the war, the president and the Congress ican people, who overwhelmingly be- the Council of Ministers in Iraq has ap- should make very clear to the Iraqis that lieve it is time for American soldiers to proved a draft, it has yet to be ap- there is no open-ended commitment to our start coming home. And he has refused proved by their Parliament. involvement. As the Iraq Study Group rec- to accept the realities of this war. They agreed by the end of 2006 or ommended, Iraqi leaders must pay a price if Sadly, this administration is the ar- early this year to approve the they continue to fail to make good on key chitect of the worst foreign policy deci- debaathification law, to reintegrate of- reforms that they have promised the Iraqi people. sion in recent memory. The President ficials of the former regime and Arab has led the best military in the world In calling for a specific withdrawal date, nationalists into public life. No the House and Senate versions of the supple- into a desperate civil war. He has spent progress at all. mental spending bill send a clear message to American treasure at a record rate, They agreed to approve a law to rein the Iraqis (even if they do face a certain driving us deeply into debt, and, unfor- in sectarian militias. No progress at veto). The worst mistake now would be to tunately, there is no end in sight. all. provide money for the war without sending The poor judgment of this adminis- By March, the Government promised the Iraqis any message at all about their re- tration has led to the invasion of Iraq, to hold a referendum on constitutional sponsibility for reforms. Both the president which has cost us over 3,300 American amendments. No progress at all. and the Congress at the very least must lives, over 25,000 injured, as many as By May, the Prime Minister of Iraq make the Iraqi government understand that 10,000 seriously injured with amputa- future financial and military support is committed to putting in place the law going to depend on Baghdad’s making sub- tions and traumatic brain injury. His controlling militias. No progress at all. stantial progress toward the milestones failed leadership has sent too few sol- The approval of an amnesty agree- Prime Minister Nuri al-Maliki has publicly diers into too many battles without ment—no progress at all. The comple- committed to. the training, the equipment, and the tion of all reconciliation efforts—clear- Unfortunately, with a few exceptions, lit- rest they need. And now he is extend- ly no progress. tle progress has been made. Consider efforts ing the tours of duty of these men and By June, the Iraqi Government prom- toward stabilizing democracy and achieving women. I can’t imagine that family ised to hold provincial elections. No national reconciliation: back home marking the days off the The Iraqis promised to achieve, by the end date has been set. of 2006 or early 2007, the approval of a provin- calendar, reading the e-mails in antici- By April, the Iraqis want to take cial election law (so far, no progress); ap- pation of dad coming home, being told: over total control of the Iraqi Army. proval of a law to regulate the oil industry You have to stay 90 days longer. Not likely based on the current situa- and share revenues (while the Council of Do you know, Mr. President, that tion. Ministers has approved a draft, it has yet to this extension of the tour of duty for By September, the Iraqis want to be be approved by the Parliament); approval of National Guard members is the largest given full civil control of all the prov- the de-Baathification law to reintegrate offi- extension since World War II? We are inces. Today, they control 3 out of the cials of the former regime and Arab nation- pushing these men and women to the 18 provinces. alists into public life (no progress); and ap- limit. We are asking more of them than By December, the Iraqis, with U.S. proval of a law to rein in sectarian militias has been asked in 40 or 50 years. It is (no progress). support, want to achieve total security By March, the government promised to obvious that this administration had self-reliance. It is too early to tell, but hold a referendum on constitutional amend- no idea at the time of this invasion of does anyone believe that will occur? ments (no progress). the extreme cost of ending this war, What Leon Panetta spelled out here By May, the prime minister committed to and frankly, they still don’t. is promises by Iraqis; that if we con- putting in place the law controlling militias

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.030 S25APPT1 hmoore on PRODPC68 with HMSENATE S5028 CONGRESSIONAL RECORD — SENATE April 25, 2007 (no progress); the approval of the amnesty important to tell the Iraqis they have ability to fight terrorism. A unilateral agreement (no progress); and the completion to accept responsibility for their own withdrawal forced upon us by the of all reconciliation efforts. future. It is important because it adds Democratic leadership of this Congress By June, the Iraqi government promised to billions of dollars for medical care for within the next 3 months—which is the hold provincial elections (no date has been set). our veterans, billions of dollars we proposal they put into the language of As for security issues, things are not going need so we don’t face that shameful sit- this bill—will guarantee that Iraq goes much better. The Iraqis have increased secu- uation at Walter Reed that was re- into chaos. It will probably guarantee rity spending over 2006 levels as promised, ported a few weeks ago, billions of dol- that thousands, tens of thousands of but they are falling behind on the number of lars so our veterans hospitals can truly Iraqis will die as a result of genocidal battle-ready Army units. take care of these soldiers who are activity or activity that will border on By April, the Iraqis want to take over total coming home with injuries that were genocide, and that will make the Bal- control of the Iraq Army (not likely based on unimaginable just years ago; a billion kans look like it was minor in com- current progress). dollars for the National Guard to buy By September, the Iraqis want to be given parison to Iraq as far as chaos. It will full civil control of all provinces (to date more equipment which has been de- establish without doubt a client state they control 3 of 18 provinces). stroyed or left behind in Iraq so they for Iran, probably partitioned within By December, the Iraqis, with United can keep America safe while they pre- Iraq. It will clearly create functioning States support, want to achieve total secu- pare for their next redeployment. safe havens for al-Qaida, which has rity self-reliance (too early to tell, but does These are dollars that are critically sworn, of course, to attack America on anyone really find this likely?). necessary for America. For the Presi- American soil, and has already done so Yes, there have been some notable suc- dent to just, with the back of his hand, cesses. For example, the Baghdad govern- and has proven its ability to do this. say: I’m going to veto this because this The fact that after only 3 months of ment has made good on its promise to appre- is just a political game, is to ignore the ciate the Iraqi dinar to combat accelerating General Petraeus being in the field we inflation, and has increased domestic prices obvious. There is no political games- would pull from beneath him the abil- for refined petroleum products. manship in this bill. This is a critical, ity to support the troops he needs But particularly in terms of reforms need- life-and-death debate about a lot of our there is really, in my opinion, an act of ed to reconcile Sunnis and Shiites, progress brave Americans whose lives are on the cynicism. The plan is set up in a man- has been minimal. And unless the United line today. ner—the language which was put into States finds new ways to bring strong pres- I urge my colleagues, when this bill this plan is set up in a manner so that sure on the Iraqis, things are not likely to comes to the Senate, to search their the Iraqi Government must meet 16 pick up any time soon. hearts and ask, how many more days In seeking support for the so-called surge can we stand reading about nine Amer- major goals in restructuring its Gov- and the supplemental spending bill, the Bush ernment within 21⁄2 months. My good- administration argues that American forces icans losing their lives? How many more funerals? How many more broken ness, the Congress of the United have to provide temporary stability to en- States, the Senate of the United States able the Iraqi leaders to negotiate political bodies returning from Iraq? How many can’t pass anything in 21⁄2 months. Yet solutions. True, but after a while this be- more families heart broken that their comes an excuse for inaction on the political soldiers are going to have to stay on we expect the Iraqi Government and reforms that are essential to stability itself. and on and on in a war that has no end? Legislature to reorganize its entire 1 This is why the Iraq Study Group report This foreign policy decision is one that structure within 2 ⁄2 months? made clear that ‘‘if the Iraqi government will haunt America for a generation. That is the condition put in this bill does not make substantial progress toward We need to do our part to speak for in order to maintain funds for our the achievement of milestones on national America, to speak for the families who troops who are in the field. If the Iraqi reconciliation, security and governance, the Government is unable to meet those United States should reduce its political, have no other voice, and to speak for those soldiers. If we truly support conditions, then within 3 months the military or economic support for the Iraqi money is withdrawn from the troops in government.’’ those soldiers, support their coming Until the Bush administration and Con- back home to the heroes’ welcome they the field, General Petraeus’s flexibility gress can jointly convince the Iraqi govern- deserve. is removed, and he is essentially hand- ment that this threat is real, there will be I yield the floor. cuffed. The commanders in the field little chance of reaching the one goal on IRAQ TROOP WITHDRAWAL are no longer the generals in the field. which Republicans and Democrats can agree: It is no longer General Petraeus and a safe, stable and prosperous Iraq. Mr. GREGG. Mr. President, I believe it is appropriate to respond to the as- his colonels and lieutenant colonels, Mr. DURBIN. Mr. President, this de- sistant leader on the Democratic side his captains and his lieutenants. The bate is long overdue. It is time for us relative to his commentary because commanders become the leadership of to let them know we are coming home. this is obviously an issue of signifi- the other side of the aisle. They make It is time for them to understand in cance, probably the most significant the decisions on military action within Iraq that they have received more from issue we face as a nation today in the Baghdad. General Petraeus’s hands will the United States than any nation area of concern for our citizens who are be tied behind him, or at least one should ever ask or hope for. We have carrying the burden of service and who hand will be tied behind him. offered up our best and bravest men in wear the uniform of America. Even if the Iraqi Government did the uniform. We have brought home those I do think it is a touch cynical for amazing thing of putting in place all broken in body and spirit and said we the other side of the aisle to come to these, significant conditions—and will stand by them the rest of their the floor of the Senate and say they there should be conditions, no ques- lives, knowing in the process the sac- are going to support the troops, when tion, benchmarks for Iraq—these fairly rifices that have been made by them only 3 months into General Petraeus’s significant conditions in a compressed and their families. leadership in Iraq they are suggesting timeframe, which guarantees they will We have spent $500 billion, which that the rug should be pulled out from not be accomplished, but let’s say even might have been spent in this country underneath his efforts. General if that Government were able to suc- for a lot of things we desperately Petraeus was sent there with an over- ceed in those conditions, then what is need—health care, paying for No Child whelming vote of this body in support the reward for putting in place that Left Behind, medical research, basic of his efforts to try to bring stability, type of stability and that type of re- investments in this country’s future. specifically to Baghdad, and to give the structuring? The language in the bill We have given up on them because we Government of Iraq, which was freely requires that the troops begin to be had to spend the money in Iraq, and we elected—something which the other withdrawn and the money start to be continue to. side of the aisle manages to ignore cut off 3 months later. They are giving When it comes to this bill, which we with a fair amount of energy—to give them a 3-month breathing space of hav- hope to send to the President, he has them the breathing space they need in ing the support they need and General already dismissed it with a wave of the order to be able to get going and to be Petraeus having the support he needs hand. I am going to veto this bill, he able to create stability. in order to accomplish his goals. says. Well, he is going to be vetoing a A stable Iraq is critical to our na- The other side of the aisle comes to bill which is critically important. It is tional defense, and it is critical to our the floor of the Senate and acts as if

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.004 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5029 these are not significant; that we are money away from you to support your The PRESIDING OFFICER. Without not putting in place things which can’t mission; B, we are going to give your objection, it is so ordered. be accomplished; that we want to sup- enemies a defined date when we are The clerk will report. port the troops in the field. Well, read going to leave so that your enemies, The assistant legislative clerk read the conditions. The conditions cannot our enemies, can wait you out and can as follows: be met, and they are intentionally basically harass you knowing that you The Senator from South Carolina [Mr. structured not to be met. Listen to the are going to withdraw; and, C, that DEMINT] proposes amendment No. 930. real language from the other side of your new commander is the majority Mr. DEMINT. Mr. President, I ask the aisle. leader and the assistant leader of the unanimous consent that the reading of The majority leader says the war is Senate and the Speaker of the House. the amendment be dispensed with. lost. He wasn’t talking just about Iraq. We can’t say: When General Petraeus The PRESIDING OFFICER. Without It appears he was talking about the en- gives you a command, you don’t nec- objection, it is so ordered. tire war against terrorism, which hap- essarily have to listen to him because The amendment is as follows: pens to be a fairly significant state- the people who are going to make the (Purpose: To prohibit congressional ear- ment. It is also obvious that when you decision as to how you execute your marks of funds appropriated pursuant to make a statement like that, as the mission aren’t in the line of authority authorizations in the bill) leader of the Democratic Party, the of the military or the Commander in At the appropriate place, insert the fol- most senior Democratic Member of the Chief; they have suddenly become the lowing: Senate, one of the most senior Mem- legislative branch of the Government. SEC. ll. EARMARKS. bers of the Democratic leadership of The language in this bill is struc- (a) IN GENERAL.—It shall not be in order to the Government of this country, when tured to accomplish one thing, and consider a bill, resolution, amendment, or you say the war is lost, you put your that is to assure defeat in our efforts to conference report that proposes a congres- sional earmark of appropriated funds author- credibility on the line. try to bring about a stable and respon- ized by this Act. Quite honestly, if we institute the sible Government in Iraq. All you have (b) DEFINITIONS.—For the purpose of this language as proposed in this bill, which to do to confirm the logic of that view section, the term ‘‘congressional earmark’’ dramatically limits the capacity of and the accuracy of that view is to re- means a provision or report language in- General Petraeus and the American turn to the words of the majority lead- cluded primarily at the request of a Member, troops to succeed in their mission, er. The war is lost, he said. In order to Delegate, Resident Commissioner, or Sen- well, I guess that will probably guar- assure that happens, they have brought ator providing, authorizing or recommending antee the war is lost, so they will have a specific amount of discretionary budget forth the language in this bill which authority, credit authority, or other spend- a self-fulfilling prophecy as relates to guarantees that our enemy will know ing authority for a contract, loan, loan guar- Iraq. The consequences of that will be when we are going to leave; that the antee, grant, loan authority, or other ex- catastrophic in the area of death and freely elected Government of Iraq will penditure with or to an entity, or targeted to destruction within Iraq. not get the support it needs to survive a specific State, locality or Congressional For us, as a nation and for our na- as a stable and responsible Govern- district, other than through a statutory or tional security, should a client state be ment; and that our soldiers will not administrative formula-driven or competi- created for Iran within Iraq, should al- know who is commanding them, but tive award process. Qaida have free haven in Iraq, the con- (c) SUPERMAJORITY WAIVER AND APPEAL.— they will know they are not going to This section may be waived or suspended in sequences for us could be equally dra- get the necessary support to accom- the Senate only by an affirmative vote of 3⁄5 matic. plish their mission. That is defeat. of the Members, duly chosen and sworn. An In addition, a little point should be Mr. President, I yield the floor. affirmative vote of 3⁄5 of the Members of the made here. The language in this bill, as Mr. DEMINT. Mr. President, I ask Senate, duly chosen and sworn, shall be re- it is being brought forward, is bla- unanimous consent that the pending quired in the Senate to sustain an appeal of tantly unconstitutional. It essentially amendment be set aside. the ruling of the Chair on a point of order cedes responsibility for the manage- The PRESIDING OFFICER (Mr. raised under this section. ment of the troops in the field to the MENENDEZ). Is there objection? With- Mr. DEMINT. Mr. President, my legislative branch. Nowhere in the Con- out objection, it is so ordered. amendment provides what we call an stitution did the Founding Fathers be- Mr. DEMINT. Mr. President, I will earmark shield for the funds author- lieve there should be 435 people running yield to the chairman for a UC request ized in this bill, the America COM- military decisions in the field. They before I bring up my amendment. PETES Act, S. 761. had just been through a war. They had The PRESIDING OFFICER. The Sen- Specifically, it establishes a 60-vote been through the revolution, where ator from New Mexico. point of order against appropriations they had one person running the army Mr. BINGAMAN. Mr. President, I bills that contain congressional ear- in the field, George Washington. They thank my colleague for his courtesy. marks for the funds authorized in this understood that you either put one per- Mr. President, I ask unanimous con- bill. Let me be very clear. This does son in charge or you have chaos in any sent that Senator DEMINT be recog- not apply to all appropriations bills or sort of military action. That is why the nized to offer amendment No. 930; that to all appropriations earmarks. It sim- Constitution says the Commander in there be 20 minutes of debate prior to a ply applies to those bills that contain Chief shall be the President, and that vote in relation to the amendment, appropriations earmarks for the pro- the military shall report to the Com- with the time equally divided and con- grams authorized in the bill that we mander in Chief. trolled between Senator DEMINT and are considering today, the America The language of this bill, on its face, myself or our designees; that no COMPETES Act. is clearly unconstitutional because it amendments be in order to the amend- What we are trying to avoid is set- essentially cedes responsibility for ment prior to the vote; that at the use ting up a new fund for new earmarks, field command over our troops to the or yielding back of time, the amend- so we are setting this bill aside and leadership of the Senate, the Demo- ment be set aside to recur at a time to protecting it from earmarks. If an ap- cratic leadership of the Senate, iron- be determined by the majority leader, propriations bill comes to the floor for ically, which guarantees chaos in the following consultation with the Repub- funding of these programs but without area of order relative to defining and lican leader. earmarks, no point of order would lie executing the mission as assigned to The PRESIDING OFFICER. Is there against the bill. In a similar way, if an the troops in the field. You can’t say to objection? Without objection, it is so appropriations bill comes to the floor the American soldier, who is on the ordered. with earmarks for other programs out- ground in Iraq, who is in Baghdad, who AMENDMENT NO. 930 side of the programs funded through is doing their mission, and doing their Mr. DEMINT. Mr. President, again, I the America COMPETES Act, then no mission well, very, very well—and Gen- ask unanimous consent to set aside the point of order would lie against that eral Petraeus has said there is progress pending amendment, and I call up bill either. occurring there—you can’t say to that amendment No. 930 and ask for its im- My amendment only creates an ear- soldier: A, we are going to take the mediate consideration. mark shield for the program we are

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.034 S25APPT1 hmoore on PRODPC68 with HMSENATE S5030 CONGRESSIONAL RECORD — SENATE April 25, 2007 funding today. The goal of this amend- It is important to recognize that a lion, an extra $20 million for the super- ment is to ensure the funds authorized number of Members of this Senate from computing programs in a particular in this bill are allocated according to a many different committees have placed agency of the Federal Government, competitive or merit-based process. the authorization of this money in very that is in fact within the definition of As my colleagues know, congres- specific categories that we need to pro- ‘‘earmarked Congressional funding sional earmarks circumvent the nor- tect and not subvert. It is time for the here,’’ so a 60-vote point of order could mal competitive or merit-based proc- Senate to begin taking steps to dis- be raised against that provision. ess, and award funds based on politics. courage the use of earmarks when ap- I don’t think the Congress wants to This bill is focused on competition. propriating funds for important pro- go to that extreme in tying its own Earmarking perverts the competitive grams and we need to make sure this hands. You would have essentially two process and substitutes the judgment bill is not a new slush fund for Con- sets of rules: one set of rules that of lawmakers and their staff for profes- gress. My amendment will not only would apply to most appropriations sional scientists and engineers who preserve the integrity of the competi- bills and a different set of rules that truly recognize a competitive proposal tive allocation process, but it will also would apply to appropriations bills that merits funding. make America more competitive by that would cover the subjects that are Congress has been able to keep ear- making these programs more effective. the subject of this legislation—that marks out of the National Science I thank the Senator for his courtesy would be Health and Human Services, Foundation and it has made that foun- in allowing me to bring up this bill. I because there is a substantial amount dation one of the most successful Fed- understand we will be voting on it as in this legislation that goes to the De- eral science agencies. The bill recog- part of a number of bills after the partment of Education; that would be nizes and affirms what is already ex- lunch hour. the Commerce, Science and Justice plicitly in the bill. Let me read a sec- I yield the floor. legislation. Let’s see, what is the tion from the America COMPETES The PRESIDING OFFICER. The Sen- other—the Energy and Water appro- Act. My amendment is consistent with ator from New Mexico. priations bill, of course. Those are ap- the stated intent of the bill, which says Mr. BINGAMAN. Mr. President, I propriations bills that would be subject on page 183 that nothing in divisions A thank the Senator for coming to the to this different and more strenuous or D shall be interpreted to require the floor and making his argument for this point of order requirement. National Science Foundation to ‘‘alter amendment at this time. He is right, This is well intentioned, I am cer- or modify its merit-based system or under this unanimous consent agree- tain. I have no doubt about the good peer review process.’’ ment the plan would be to add it to a intentions of the Senator from South Many of America’s leading institu- package of other amendments we are Carolina. We have all been concerned tions oppose earmarks for research be- voting on later this afternoon at a time about the overuse of earmarks in the cause they understand earmarks si- chosen by the majority leader. Congress in recent years. I know there phon funds away from the research pro- I will speak briefly in opposition to is a great deal going on to require more grams their talented researchers could the amendment at this point. I know transparency, to require that all these compete for. Several universities have the Senator from South Carolina has things be out in public so we can know official policies in place opposing con- had to leave the floor, but I do think it what is being voted on and we can ob- gressional earmarks. Let me read a few best in order that anyone who is fol- ject. That is the best shield. He talked of their policies. I will start with the lowing our discussions here on the about an earmark shield. That is the University of Michigan and I will quote floor can know the problem I have with best shield. It is the eternal vigilance from their policy statement. the amendment. of people here in Congress, paying at- First, I agree with the concern about The University of Michigan supports com- tention to what is in the bills and in- petitive peer review as the primary and best Congress stepping in and diverting sisting only those things are in the mechanism to allocate Federal research funds from the good purposes we lay bills that in fact further a good public funds. Consequently, it is the policy of the out in this legislation and diverting purpose. university not to seek or accept government those to other, more parochial applica- So I do object. earmarks in support of faculty research. tions. That is a valid concern. I object I yield the remainder of the time Here is a quote from Yale: to that and I hope we can prevent that that is reserved in opposition to this Yale University does not seek appropria- from happening in the future. But I amendment. But before I yield the tions for individual research projects that would argue this amendment is not the floor, let me do another consent agree- would circumvent existing merit-based pro- way to keep that from happening. ment. cedures of Federal agencies for selecting This amendment sets up a unique AMENDMENTS NOS. 931, AS MODIFIED; 923, AS projects for funding. The university has long process. It basically says you cannot MODIFIED; 941, AND 960 held that evaluation of proposed projects on bring an appropriations bill to the Sen- There are four amendments that the basis of merit as judged by peer review is ate floor unless you have 60 votes. Any the best method of identifying the most have been filed that relate to the Com- promising research or scholarly projects. appropriations bill you try to bring to merce Committee’s jurisdiction and the floor is subject to a 60-vote point of that have been cleared on both sides of And a quote from MIT’s policy: order if it contains in it what is de- the aisle. There is a modification at MIT has a long-standing policy that pro- scribed as a congressional earmark. the desk to amendment No. 931 by Sen- hibits the knowing acceptance of grants and You say, What is meant by a congres- contracts funded via Congressional action. ator MCCASKILL. She spoke to that Such awards are known as ‘‘earmarks,’’ and sional earmark? It goes on to say that amendment a few minutes ago. There funding is not generally the result of peer re- is any provision or report language—if is a modification at the desk to amend- view. Earmarked funds are often a way to se- you have a report that accompanies ment No. 923 by Senator OBAMA. There cure funds for new buildings, and for major the appropriations bill, that is report is an amendment No. 941 by Senators equipment needed for cutting edge research, language—that provides or authorizes SNOWE and KOHL. There is an amend- but institutionally MIT avoids seeking or ac- or recommends a specific amount of ment No. 960 by Senators LEVIN and cepting earmarked funds. funding or discretionary authority or VOINOVICH. It seems the whole country is start- credit to an entity. I ask unanimous consent that these ing to realize that the earmarking That is pretty broad. Essentially amendments, as modified if modified, process we have adopted in this Con- what we would be saying is the Appro- be agreed to and the motions to recon- gress is wasteful and actually subverts priations Committee, for example, if sider be laid upon the table. the goals we set for many of these bills. they determine—one example the Sen- The PRESIDING OFFICER. Without It is clear we do not need to earmark ator from Tennessee and I were talking objection, it is so ordered. funds in order for our funding programs about today as we were discussing this The amendments were agreed to, as to be effective. My amendment simply amendment was, if we said we want $60 follows: creates an earmark shield for funds au- million spent for the supercomputing AMENDMENT NO. 931, AS MODIFIED thorized in this bill to ensure they are program and the Appropriations Com- At the appropriate place, insert the fol- allocated in the most competitive way. mittee said, no, it ought to be $80 mil- lowing:

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SEC. ll. GOVERNMENT ACCOUNTABILITY OF- On page 17, line 18, strike the period at the AMENDMENT NO. 960 FICE REVIEW OF ACTIVITIES, end and insert the following: ‘‘, including (Purpose: To include the Great Lakes in re- GRANTS, AND PROGRAMS. strategies for increasing the participation of search, development, and science edu- —Not later than 3 years after the date of individuals identified in section 33 or 34 of cation programs of the National Oceanic enactment of this Act, the Comptroller Gen- and Atmospheric Administration) eral of the United States shall submit a re- the Science and Engineering Equal Opportu- port to Congress that— nities Act (42 U.S.C. 1885a or 1885b) in On page 48, line 9, strike ‘‘ocean’’ and in- (1) examines each annual and interim re- science, technology, engineering, and mathe- sert ‘‘ocean, coastal, Great Lakes,’’ port required to be submitted to Congress matics fields.’’. On page 48, line 22, insert ‘‘Great Lakes,’’ after ‘‘coastal,’’. under this Act (including any amendment On page 19, insert between lines 22 and 23, made by this Act); the following: Mr. BINGAMAN. Mr. President, let (2) assesses or evaluates assessments of the ‘‘(vi) Nongovernmental organizations, such me, to alert my colleagues as to the effectiveness of the new or expanded activi- as professional organizations, that represent state of activity here at the current ties, grants, and programs carried out under individuals identified in section 33 or 34 of time, say what it is, as I understand it. this Act (including any amendment made by the Science and Engineering Equal Opportu- this Act); and We have a unanimous consent agree- nities Act (42 U.S.C. 1885a or 1885b) in the (3) includes any recommendations as the ment to consider three amendments areas of science, engineering, technology, Comptroller General determines are appro- Senator COBURN of Oklahoma wishes to and mathematics. priate to improve the effectiveness of such offer. That will begin at 2 o’clock this activities, grants, and programs. AMENDMENT NO. 941 afternoon. We are not certain if we will (b) SURVEY.— require a rollcall vote on all three of AMENDMENT NO. 923, AS MODIFIED (Purpose: To clarify the types of expenses those amendments or only two of those available to Regional Centers under the On page 5, line 19, strike the period at the amendments, but that will be deter- Hollings Manufacturing Extension Part- end and insert the following: ‘‘, including mined in the future. nership program in meeting their non-Fed- representatives of science, technology, and eral funding commitment, and for other We also, of course, now have a unani- engineering organizations and associations purposes) mous consent agreement to have a vote that represent individuals identified in sec- on the DeMint amendment we were dis- tion 33 or 34 of the Science and Engineering At the end of title IV of division A, insert cussing. That will be scheduled pre- Equal Opportunities Act (42 U.S.C. 1885a or the following: 1885b.’’ sumably after we have the votes on the On page 5, line 24, strike ‘‘for areas’’ and SEC. 1407. CLARIFICATION OF ELIGIBLE CON- Coburn amendments or in some se- insert ‘‘, including recommendations to in- TRIBUTIONS IN CONNECTION WITH quence around that same time. crease the representation of individuals iden- REGIONAL CENTERS RESPONSIBLE I am informed we also have an FOR IMPLEMENTING THE OBJEC- tified in section 33 or 34 of the Science and TIVES OF THE HOLLINGS MANUFAC- amendment Senator INHOFE wishes to Engineering Equal Opportunities Act (42 TURING PARTNERSHIP PROGRAM. bring to the floor and to discuss and U.S.C. 1885a or 1885b) in science, engineering, Paragraph (3) of section 25(c) of the Na- offer, which I hope can be done between and technology enterprises, for areas’’. now and the 2 o’clock time for begin- Beginning on page 8, strike line 9 and all tional Institute of Standards and Technology that follows through page 9, line 8, and insert Act (15 U.S.C. 278k(c)(3)) is amended to read ning the discussion on the Coburn the following: as follows: amendments. I see Senator INHOFE is ‘‘(11) the extent to which individuals are ‘‘(3) FINANCIAL SUPPORT.— on the floor. If he is agreeable to going being equipped with the knowledge and skills ‘‘(A) IN GENERAL.—Any nonprofit institu- ahead with his amendment at this necessary for success in the 21st century tion, or group thereof, or consortia of non- time, he could argue in favor of his workforce, as measured by— profit institutions, including entities exist- amendment, and then I will have some ‘‘(A) elementary school and secondary ing on August 23, 1988, may submit to the arguments against his amendment, and school student academic achievement on the Secretary an application for financial sup- there may be others also wishing to State academic assessments required under port under this subsection, in accordance section 1111(b)(3) of the Elementary and Sec- with the procedures established by the Sec- speak against his amendment, and we ondary Education Act of 1965 (20 U.S.C. 6311 retary and published in the Federal Register could hopefully schedule a vote on that (b)(3)), especially in mathematics, science, under paragraph (2). as well. and reading, identified by ethnicity, race, ‘‘(B) CENTER CONTRIBUTIONS.—In order to That is a total of five amendments I and gender; receive assistance under this section, an ap- am aware of that may require rollcall ‘‘(B) the rate of student entrance into in- plicant for financial assistance under sub- votes. I hope we can get all of those stitutions of higher education, identified by paragraph (A) shall provide adequate assur- amendments debated and scheduled for ethnicity, race, and gender, by type of insti- ances that non-Federal assets obtained from votes and voted on before we have the tution, and barriers to access to institutions the applicant and the applicant’s partnering of higher education; organizations will be used as a funding briefing at 4 o’clock, the briefing by ‘‘(C) the rates of— source to meet not less than 50 percent of General Petraeus. If we were able to do ‘‘(i) students successfully completing post- the costs incurred for the first 3 years and an that, I don’t know why we couldn’t also secondary education programs, identified by increasing share for each of the last 3 years. go to final passage before 3 o’clock, or ethnicity, race, and gender; and For purposes of the preceding sentence, the if there were a problem in doing that, ‘‘(ii) certificates, associate degrees, and costs incurred means the costs incurred in of course, we could come back after the baccalaureate degrees awarded in the fields connection with the activities undertaken to briefing and have final passage. But I of science, technology, engineering, and improve the management, productivity, and know of no other amendments. mathematics, identified by ethnicity, race, technological performance of small- and me- and gender; and dium-sized manufacturing companies. If Senators are sitting in their offices ‘‘(D) access to, and availability of, high ‘‘(C) AGREEMENTS WITH OTHER ENTITIES.—In or their staffs are sitting in their of- quality job training programs; meeting the 50 percent requirement, it is an- fices with other amendments they in- ‘‘(12) the projected outcomes of increasing ticipated that a Center will enter into agree- tend to offer to this legislation, we the number of individuals identified in sec- ments with other entities such as private in- urge they come to the floor and offer tion 33 or 34 of the Science and Engineering dustry, universities, and State governments those amendments in the very near fu- Equal Opportunities Act (42 U.S.C. 1885a or to accomplish programmatic objectives and ture. 1885b) in science, technology, engineering, access new and existing resources that will I will defer to my colleague from and mathematics fields; and further the impact of the Federal investment ‘‘(13) the identification of strategies to in- made on behalf of small- and medium-sized Tennessee for his observations, but as crease the participation of individuals iden- manufacturing companies. All non-Federal far as I am informed, once we have dis- tified in section 33 or 34 of the Science and costs, contributed by such entities and deter- posed of these five amendments, we Engineering Equal Opportunities Act (42 mined by a Center as programmatically rea- will have disposed of all of the amend- U.S.C. 1885a or 1885b) in science, technology, sonable and allocable are includable as a por- ments people have insisted on having engineering, and mathematics fields. tion of the Center’s contribution. rollcall votes on. On page 12, line 20, after ‘‘employees’’ in- ‘‘(D) ALLOCATION OF LEGAL RIGHTS.—Each With that, I yield the floor and I will sert the following: ‘‘, including partnerships applicant under subparagraph (A) shall also allow my colleague from Tennessee to with scientific, engineering, and mathe- submit a proposal for the allocation of any matical professional organizations rep- legal right associated with any invention speak. resenting individuals identified in section 33 that may result from an activity of a Center Mr. ALEXANDER. That is my under- or 34 of the Science and Engineering Equal for which such applicant receives financial standing as well. Senator GRASSLEY Opportunities Act (42 U.S.C. 1885a or 1885b).’’ assistance under this section.’’. still has an amendment about which he

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.006 S25APPT1 hmoore on PRODPC68 with HMSENATE S5032 CONGRESSIONAL RECORD — SENATE April 25, 2007 wants us to talk. That is the only other Now, in this particular organization Our ability to be the world’s greatest amendment I know about, other than there are some things they do that I economic power is going to depend on the one you said. It is my hope we have found have been helpful. So the our creativity, our productivity, and could follow the schedule the Senator modifications I am making will list our innovation. If we begin to lose from New Mexico suggested and finish three things that will not be considered ground in the critical areas of math the bill before 4 o’clock. I think that under this act to be anticompetitive. and science, we will also lose ground in would be the sentiment of most Sen- That is the language I am waiting for the race for high-wage jobs, and that is ators to whom I talked. It will permit right now, which we should have in the the race we should be winning better us to move promptly to the business next couple of minutes. trained workers, greater opportunity. before us concerning Iraq. Mr. President, I yield the floor, and I Last month, Microsoft’s Bill Gates I concur in the comments of Senator suggest the absence of a quorum. came before the Health, Education, BINGAMAN. I hope by now we have had The PRESIDING OFFICER. The Labor and Pensions Committee to talk such extensive participation in this clerk will call the roll. about keeping our country competi- legislation over the last 2 years that The bill clerk proceeded to call the tive. One of his statements particularly everyone believes he or she has had a roll. stood out to me. good hearing. The Coburn amendments The PRESIDING OFFICER. The Sen- He said: and Inhofe amendment are the only ator from Minnesota is recognized. The U.S. cannot maintain its economic ones I know about for sure. They are Mr. COLEMAN. Mr. President, I ask leadership unless our workforce consists of scheduled, or will be, and we will have unanimous consent that the order for people who have the knowledge and skills needed to drive innovation. to talk with Senator GRASSLEY about the quorum call be rescinded. his proposal. The PRESIDING OFFICER. Without He further said: Mr. BINGAMAN. Mr. President, I objection, it is so ordered. We simply cannot sustain an economy suggest the absence of a quorum. Mr. COLEMAN. Mr. President, I rise based on innovation unless our citizens are educated in math, science and engineering. The PRESIDING OFFICER. The today to offer my strong support for clerk will call the roll. the American COMPETES Act, legisla- I could not agree more. The chal- The bill clerk proceeded to call the tion that will help to ensure that our lenges we face are significant when it roll. Nation remains competitive in today’s comes to the future competitiveness of Mr. INHOFE. Mr. President, I ask increasingly global economy. The basis our workforce. Today, China graduates unanimous consent that the order for of this bipartisan legislation was a re- at least four times as many engineers the quorum call be rescinded. as the United States. In fact, I was told port by Norm Augustine called ‘‘Rising The PRESIDING OFFICER. Without at one point the figure was 600,000 engi- Above the Gathering Storm,’’ and a re- objection, it is so ordered. neers in China, 350,000 in India, and port by the Council of Competitiveness AMENDMENT NO. 955 70,000 in America. titled ‘‘Innovate America.’’ Mr. INHOFE. Mr. President, it is The small nation of South Korea I remember being at a dinner last going to be my intention in just a mo- graduates just as many as we do. In 3 year not too far from these Chambers, ment to bring up and ask for the imme- short years, Asia will be home to more and well over 30 Senators were there. It diate consideration of my amendment, than 90 percent of the world’s sci- wasn’t a fundraiser, we were there to No. 955. entists and engineers. We are working on a modification to hear Norm Augustine—bipartisan, According to a recent poll, 84 percent make sure those on the Finance Com- leadership, new Members. I think it of middle school students preferred to mittee will find it to be acceptable. I speaks to the importance of this issue. clean their rooms, take out the gar- have discussed this with the leadership Both of these reports assess the cur- bage, go to their dentist, or eat their and the minority. However, it will take rent situation. What they do is set out vegetables than to do homework, some- a minute to get the language up. specific plans to get us where we need thing we have to change. Essentially, what the amendment to be. The reports have served to put us As Tom Friedman wrote in his book will say is, notwithstanding any other on notice that we cannot take our com- ‘‘The World is Flat,’’ when he was provision of the law, no Federal funds petitive leadership for granted in a growing up, his mother used to tell him shall be provided to any organization world that, as Tom Friedman has put to eat all his vegetables because kids or entity that advocates against tax so well, is increasingly flat. in China were starving. Today, his competition or U.S. tax competitive- For the American people following mother would say: Do your homework ness. our deliberations on this legislation, I because the kids in China are starving Now, I cannot think of anything that hope you will take notice that this is to take your job. would be more significant in a com- one of those issues that rises above Several reports have indicated that petitiveness bill than to have this lan- party politics, rises above partisan pol- U.S. students do not perform at the guage. There are several organizations, itics, legislation that is about Repub- level of their international counter- one of which is called the OECD, which licans and Democrats coming together parts in math and science. American is the Organization of Economic Co- to address fundamental challenges to high school students currently rank operation and Development. This orga- our Nation’s competitiveness. 24th out of 29 among developed nations nization actually was transformed I am proud to join in that effort. in math literacy and problem solving. back in 1961 after the Marshall Plan Keeping our country competitive is ul- As if this were not worrisome came into effect, and they have been, timately about jobs. It is about ensur- enough, we also need to concern our- over a period of time, advocating in- ing that our future workforce can com- selves with the coming retirement creases in taxes for the United States. pete in a global economy and that our wave of high-skilled workers in the In fact, over the past fairly short pe- current workforce remains competi- fields of engineering, science and tech- riod of time, 24 different times they tive. nology, and math. have advocated increases in U.S. taxes. I was chairman of the Western Hemi- According to the National Science One was—I will just list them here—a sphere Subcommittee the last 4 years. Foundation, about one-third of Amer- value-added tax, a 40-cent increase in I remember being at a conference in ican scientists and engineers are over the gas tax, a carbon tax, a fertilizer Mexico, with some Mexican academics 50 years old. Tiger Woods said before a tax, ending the deductibility of State complaining about the impact of low- recent major tournament: and local taxes in the calculation of wage jobs in China on the Mexican I can’t win the Masters on Thursday, but I Federal taxes, new taxes at the State manufacturing economy. can lose it. level, and a host of other new and inno- When I was in China last year talk- We can’t win the global economic vative taxes on U.S. citizens. ing with some Chinese academics and battle today, but we can lose it in our They also have advocated for a period economists, they complained about the elementary school classrooms. of time a global taxation scheme. It is impact of low-wage jobs in Vietnam on Mr. President, the legislation before very difficult to find anyone in this the Chinese manufacturing economy. us will help go a long way toward pre- country who would say this is in our If we begin to lose ground, we are not paring our future workers by improv- best interest. going to win the race to low-wage jobs. ing K–12 education. For instance, the

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.039 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5033 bill increases the offering of advanced look at some of these smaller pieces such organization is called the OECD, placement and international bacca- that are important—expediting the Organization for Economic Coopera- laureate programs and expands math ability to get background checks so we tion and Development. This organiza- and science specialty schools. keep the best and brightest in this tion I have already talked about, but While we are beginning to take ac- country. That debate will be for an- one of the things they advocate is high tion in Washington, I proudly note that other day. taxes for the United States. In order to my State of Minnesota has been very Today, the debate is to ensure that make sure we can still use this organi- active in ensuring the State’s future America can compete in a global econ- zation for a function that seems to be workforce can compete with the best of omy. This bill offers that opportunity. desirable by the tax committee, I will them from around the world. Our Gov- It is bipartisan. I am glad to be part of read the modification. The amendment ernor is a leader in the development of that effort. currently reads: the National Governors Association In- I yield the floor. Notwithstanding any other provision of novation America initiative. In The PRESIDING OFFICER. The Sen- the Law; no federal funds shall be provided Woodbury, a math and science acad- ator from Oklahoma. to any organization or entity that advocates emy is developing a curriculum to against tax competition or United States tax AMENDMENT NO. 955 competitiveness. meet the needs of the 21st century Mr. INHOFE. Mr. President, I ask This is the modification: workplace. In Brainerd, the chamber of unanimous consent to set aside the Provided, however, that advocating for ef- commerce is developing an innovative pending amendment and call up program to transform education fective tax information exchange, advo- amendment No. 955. cating for effective transfer pricing, and ad- through five rural school districts by The PRESIDING OFFICER. Without vocating for income tax treaties is not con- creating career pathways focusing on objection, it is so ordered. The clerk sidered to be advocating against the com- regional high-demand, high-pay occu- will report. petition of United States tax competitive- pations called Bridges Career Acad- The bill clerk read as follows: ness. emies. The Senator from Oklahoma [Mr. INHOFE] I think we have taken care of that Minnesota is doing its part. proposes an amendment numbered 955. need. While the challenges to our leader- Mr. INHOFE. I ask unanimous con- With that, I ask that we get into the ship in the global economy are indeed sent that reading of the amendment be mix here so we can get a vote on this significant, I am confident that dispensed with. or else agreement. through a bipartisan and public-private The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without partnership approach, we will meet ator from New Mexico. objection, it is so ordered. those challenges. Mr. BINGAMAN. Mr. President, I ap- The amendment is as follows: I have a series of amendments that I preciate the Senator’s willingness to anticipate and hope the body will act (Purpose: To protect American consider modifications in the amend- competitiveness) upon before we conclude deliberation ment. We are still checking with par- on this bill. One of them is a bonus At the appropriate place, insert the fol- ticular Senators who have expressed an lowing: grants program. Both of these I coau- interest in this on our side. It will still SEC. ll. PROHIBITION AGAINST FUNDING ANTI- thored with Senator PRYOR. On the COMPETITIVENESS be a few minutes before we are in a po- other one, he is the principal author. Notwithstanding any other provision of sition to say whether this is still an The bonus grants provide math and the Law; no federal funds shall be provided amendment on which we would require science partnership grants to three ele- to any organization or entity that advocates a vote. I hope this is something on mentary and three secondary high against tax competition or United States tax which we can agree not to have to have schools in each State which make the competitiveness. a rollcall vote. Perhaps we will know in largest year-to-year improvement in AMENDMENT NO. 955, AS MODIFIED the next few minutes. their efforts to score highly on the Mr. INHOFE. Mr. President, we had AMENDMENT NO. 905, AS MODIFIED State’s math and science assessment some objection to this amendment. We While I have the floor, let me indi- test. This is about putting our money have been working with people from cate there is an amendment which has where our mouths are. This is about both tax committees and the Foreign been filed which relates to the Energy providing reward and incentive for Relations Committee. I have agreed to Committee’s jurisdiction. It has been schools to do better in these critical some language. I will read the lan- cleared on both sides. It is a modifica- areas of math and science. guage, but first I ask unanimous con- tion that is at the desk to amendment The other amendment, which is a sent that the amendment be modified No. 905 by Senator OBAMA. I ask unani- Pryor-Coleman amendment, No. 966, es- with the changes at the desk. mous consent that this amendment, as tablishes a small business innovation, The PRESIDING OFFICER. Without modified, be agreed to and the motion research, science, technology, engi- objection, the amendment is so modi- to reconsider be laid upon the table. neering, and math workforce develop- fied. The PRESIDING OFFICER. Without ment grant program. This is a way to The amendment, as modified, is as objection, it is so ordered. get leading small businesses to provide follows: The amendment (No. 905), as modi- short-term workforce training opportu- At the appropriate place, insert the fol- fied, was agreed to, as follows: nities for colleges in the field of lowing: On page 78, strike line 21 and insert the fol- science, technology, engineering, and SEC. ll. PROHIBITION AGAINST FUNDING ANTI- lowing: math. COMPETITIVENESS. ‘‘(D) $27,500,000 for fiscal year 2011. The one amendment I will not offer Notwithstanding any other provision of ‘‘CHAPTER 6—ADMINISTRATION but I do want to bring to the attention the Law; no federal funds shall be provided ‘‘SEC. 3195. MENTORING PROGRAM. of the Senate has to do with expediting to any organization or entity that advocates ‘‘(a) IN GENERAL.—As part of the programs the FBI background check on doctors against tax competition or United States tax established under chapters 1, 3, and 4, the Di- competitiveness. and scientists. We have the world-re- rector shall establish a program to recruit Provided, however, that advocating for ef- and provide mentors for women and under- nown Mayo Clinic in Rochester, MN, fective tax information exchange, advo- represented minorities who are interested in the greatest medical facility in the cating for effective transfer pricing, and ad- careers in mathematics, science, and engi- world. Some of the doctors have been vocating for income tax treaties is not con- neering. The program shall pair mentors waiting years to get background sidered to be advocating against the com- with women and minorities who are in pro- checks cleared. We are in danger of los- petition of United States tax competitive- grams of study at specialty schools for math- ing them. We need to move quickly. ness. ematics and science, Centers of Excellence, I know the sense is that immigration Mr. INHOFE. Mr. President, I have and summer institutes established under issues will be dealt with at a later already stated what this amendment chapters 1, 3, and 4, respectively. ‘‘(b) PROGRAM EVALUATION.—The Secretary time. We need to deal with the immi- does. It does try to get some sense into shall annually— gration issue. We need to deal with it some of these organizations advocating ‘‘(1) use metrics to evaluate the success of in the sense of stronger borders, guest noncompetitiveness or anticompeti- the programs established under subsection worker programs, and we also need to tiveness for the United States. One (a); and

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.041 S25APPT1 hmoore on PRODPC68 with HMSENATE S5034 CONGRESSIONAL RECORD — SENATE April 25, 2007 ‘‘(2) submit to Congress a report that de- That act really started Federal Gov- The Belin-Blank Center in my home scribes the results of each evaluation.’’. ernment involvement in education. State of Iowa produced a report titled, Mr. BINGAMAN. I suggest the ab- It was designed primarily to ‘‘A Nation Deceived: How Schools Hold sence of a quorum. jumpstart education in math, science, Back America’s Brightest Students.’’ The PRESIDING OFFICER. The and modern foreign languages so we This situation must be reversed if clerk will call the roll. would be able to match and exceed the America is to retain its competitive The assistant legislative clerk pro- achievements of the Soviets and win edge which, obviously, is the purpose of ceeded to call the roll. the cold war. the very good legislation before us, led Mr. GRASSLEY. I ask unanimous According to Thomas Friedman, to by Senators BINGAMAN and ALEXANDER. consent that the order for the quorum meet the challenges of what he calls I am glad that the American com- call be rescinded. ‘‘flatism’’ will require, ‘‘as comprehen- petitiveness bill currently before the The PRESIDING OFFICER. Without sive, energetic, and focused a response Senate recognizes the need to do a bet- objection, it is so ordered. as did meeting the challenge of com- ter job of helping students to excel in AMENDMENT NO. 914 munism.’’ fields like math, science, and critical Mr. GRASSLEY. Mr. President, I As I mentioned, Federal education foreign languages. come to the floor to offer an amend- policy started with an urgency to sup- However, if we want to go toe to toe ment that I am going to withdraw. I port and encourage students to excel in with countries that place a very high ask unanimous consent, if necessary, fields that were considered to be of value on learning, we must do more to to set the pending amendment aside major importance to national security support and encourage the best and and offer my amendment. during the cold war. brightest American students. The PRESIDING OFFICER. Without Subsequently, Federal education pol- My amendment would increase the objection, it is so ordered. The clerk icy became concerned with equity be- fee employers pay for H1-B visas for will report. tween students of different socio- highly skilled foreign workers to immi- The assistant legislative clerk read economic classes as part of President grate to the United States and to use as follows: Johnson’s war on poverty. that additional funding for the Jacob The Senator from Iowa [Mr. GRASSLEY] Both of these dual focuses of Federal Javits Gifted and Talented Students proposes an amendment numbered 914. education policy, excellence and eq- Education Act. The amendment is follows: uity, are legitimate and important. This is the only Federal program (Purpose: To increase the fee to be paid by However, we sometimes seem to ping that provides funding to support pro- employers of H–1B nonimmigrants and to pong between the two, forgetting about gramming to meet the unique learning set aside 25 percent of such fees to improve one in favor of the other. needs of our brightest, most promising programs and projects for gifted and tal- The No Child Left Behind Act of 2001 students. ented students) deepened the existing focus of the Ele- It funds a national research center At the appropriate place, insert the fol- mentary and Secondary Education Act that produces invaluable research in lowing: on making sure that all students have instructional strategies that can truly ll SEC. . H–1B VISA EMPLOYER FEE. an adequate education. tap into the potential of gifted stu- (a) IN GENERAL.—Section 214(c)(9)(B) of the Immigration and Nationality Act (8 U.S.C. Now while we don’t have a single dents as well as a small grant program 1184(c)(9)(B)) is amended by striking ‘‘$1,500’’ event like Sputnik to bring home to us to encourage such research nationwide. and inserting ‘‘$2,000’’. the current challenges we face, there is The Javits Act also contains a grant (b) USE OF ADDITIONAL FEE.—Section 286 of a growing recognition that, for the program to encourage greater focus in such Act (8 U.S.C. 1356) is amended by adding sake of our future economic competi- the States on meeting the needs of gift- at the end the following: tiveness, we cannot neglect the impor- ed learners, although it has been fund- ‘‘(w) GIFTED AND TALENTED STUDENTS EDU- tance of challenging and encouraging ed at levels that severely limit its ef- CATION ACCOUNT.— fectiveness. The quality or even exist- ‘‘(1) IN GENERAL.—There is established in students to excel so that they will the general fund of the Treasury a separate some day be the scientists, engineers, ence of services for gifted students var- account, which shall be known as the ‘Gifted and researchers that will create the in- ies widely among our 50 States. and Talented Students Education Account’. novations that will drive our economy. While the Federal Government Notwithstanding any other provision of law, This means that we must not only should not assume the primary respon- there shall be deposited as offsetting receipts help underachieving students to sibility for funding gifted and talented into the account 25 percent of the fees col- achieve at grade level, but we must en- education, just as Congress provides lected under section 214(c)(9)(B). courage high ability students to funding to augment State efforts to ‘‘(2) USE OF FEES.—Amounts deposited into the account established under paragraph (1) achieve to their full potential. provide an equitable education for dis- shall remain available to the Secretary of For years, I have been leading the advantaged students and students with Education until expended for programs and charge to do a better job unlocking the disabilities, the Federal Government projects authorized under the Jacob K. Jav- tremendous potential that lies in gifted still has a vital national interest in en- its Gifted and Talented Students Education and talented young Americans. They couraging State efforts to fully develop Act of 2001 (20 U.S.C. 7253 et seq.).’’. represent a national resource that, un- the gifts and talents of American Mr. GRASSLEY. Mr. President, in fortunately, too often goes untapped. youth. his bestselling book, ‘‘The World is Gifted students learn faster and to a The proposal that is in my amend- Flat,’’ Thomas Friedman discusses the greater depth than other students and ment before the Senate would essen- challenges of globalism using the met- often look at the world differently than tially charge a fee to those investing in aphor of the world getting flatter to other students. As a result, it takes a talent from abroad and use it to invest describe how the breaking down of great deal more to keep them chal- in talent for the future here at home. international barriers to the movement lenged and stimulated. Doesn’t it make sense if we are using of goods, services, people, and ideas If they are not sufficiently stimu- our educational system to bring stu- creates an intensely competitive global lated, they often learn to get by with dents or workers over here to train environment. I liked it so much, and it minimum effort and adopt poor learn- them better—they take advantage of has so much wisdom in it. ing habits that can prevent them from our higher education system; they take In chapter 8, entitled ‘‘This Is Not a achieving to their potential. advantage of our educational system Test,’’ Friedman says, ‘‘If this moment In fact, many gifted and talented stu- generally—wouldn’t it be wise to use has any parallel in American history, dents underachieve or even drop out of those resources so we can enhance the it is the height of the cold war, around school. opportunity we have for our own gifted 1957, when the Soviet Union leaped Jan and Bob Davidson, from the ma- and talented students right here in the ahead of America in the space race by jority leader’s home State, wrote an United States? putting up the Sputnik satellite.’’ important book called ‘‘Genius De- We have to put more attention on Not coincidentally, the Congress nied’’ about how, nationwide, we are education. Now, I am offering a Federal passed the National Defense Education letting gifted students fall through the program, I know, or the expansion of a Act the following year, 1958. cracks and wasting their potential. Federal program, and funding it in a

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.009 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5035 way that is not appreciated by those very associated with the competitive- support for the National Institutes of who will soon be involved in the immi- ness of our society and the purposes of Standards and Technology, and the De- gration bill that is going to be before this bill. partment of Energy’s Office of Science. us. They have asked I not offer this AMENDMENT NO. 914 WITHDRAWN I am a fiscal conservative, but the dol- amendment, and that is why I said I But I ask unanimous consent to with- lars we invest in basic research will would offer it and withdraw it. draw the amendment. come back to us in spades in terms of But I think this is a very important The ACTING PRESIDENT pro tem- stimulating economic activity and approach we must use if we are going pore. Without objection, the amend- helping the United States to remain at to make adequate use of our own tal- ment is withdrawn. the forefront of global innovation. ented and our own gifted students right The Senator from Nevada is recog- Our continued investment in basic here at home—the homebred students nized. research is made more essential by the whom we have—as opposed to thinking Mr. ENSIGN. Mr. President, today, I actions of other nations such as China we have to rely, in the 21st century, in join with over 60 of my colleagues from and India. Such countries are not sit- this great country of America, upon both sides of the aisle to support the ting idly by waiting to see what we will the talent of foreign lands. prompt passage of the America COM- do to remain competitive. Rather, they Now, there is a lot of talent in for- PETES Act. Before I begin, I want to are undertaking ambitious efforts to eign lands that if we can draw upon it, thank my colleagues who have actively expand their own research and develop- we ought to draw upon it. But the fact participated in developing and cospon- ment base at our expense. A study re- we have to do that, or we think we are soring this legislation in the 109th Con- cently highlighted by the Council on willing to submit to that sort of an ap- gress. In particular, I wish to acknowl- Competitiveness indicates that China proach, to advance the competitiveness edge the work of Senator JOE has surpassed the United States as the of our economy in this globalization we LIEBERMAN with whom I began the task most attractive location for the are involved in, is a sad commentary. of developing competitiveness legisla- world’s top corporate R&D investors to That is why I have offered this tion over 2 years ago. locate their R&D facilities. Sadly, in amendment. I want to say even though Last August, working together, in a 2006, the World Economic Forum an- I am withdrawing it, I am doing it with bipartisan manner, we were able to nounced our country had dropped from the idea I am not giving up on this ef- bring together a bill that combined ele- first to sixth place in its Global Com- fort. I am going to advance this effort ments of the PACE Energy bill that petitive Index. in other appropriate places in the legis- Senator ALEXANDER, Senator DOMENICI, We must address the long-term com- lative process in the future. and Senator BINGAMAN had worked on, petitiveness challenges we face to Let me suggest, for those who maybe with the American Innovation and maintain our leadership in innovative want to fight it, it is going to be in the Competitiveness Act that Senators research, and this bill will enable us to near future. For those who maybe like STEVENS, INOUYE, HUTCHISON, and I do so. In addition, the bill addresses it, would they join me in this effort to worked on. We also included important the need to encourage more American get this job done? education provisions from Senator students, from elementary school Having emphasized competitiveness KENNEDY, Senator ENZI, and members through graduate school, to pursue ca- and everything involved in it, I want to of the HELP Committee. reers in science, technology, engineer- say my philosophy of improving edu- Today, I am very pleased to say the ing, and mathematics. cation in this country is not rested cooperative, bipartisan effort we un- Although estimates of the number of only upon Federal programs. I think dertook in the last Congress has led to engineers, computer scientists, and in- four basic things are at the base of the consideration of the America COM- formation technology students who ob- changing or improving our educational PETES Act in this Congress. As other tain 2-, 3-, and 4-year degrees vary, system, and they do not involve the ex- Members have noted, this legislation there is no question that the increased penditure of more money. It basically focuses on three primary areas of im- focus in China and India on educating is a societal attitude that needs to be portance: increasing Federal invest- more of their population in these fields changed. ment in basic research; fostering is cause for serious concern. One esti- No. 1, we have to think in terms that science, technology, engineering, and mate indicates that in 2004, China grad- there is nothing wrong with homework. mathematics talent in the United uated about 350,000 engineers, com- There are too many parents, too many States; and developing an innovation puter scientists, and information tech- teachers in this country who think, infrastructure. The bill reflects a good nologists with 4-year degrees, while the somehow, we have to eliminate home- balance of spending on key priorities, United States graduated about 140,000. work. Secondly, we have to have the such as basic research and education, Over the past 3 years, both China and schools in this country and the parents while being sensitive to avoiding dupli- India have doubled their production of involved think that education and cation among Federal agencies. 3- and 4-year degrees in the field of en- book learning is more important than It was not easy, but we remained fo- gineering, but in the United States the sports; thirdly, that weekends are not cused on the key recommendations in production of engineers has stagnated. something just for leisure. Weekends the ‘‘Innovate America’’ and the ‘‘Ris- This must change. have to be used for study as well. And ing Above the Gathering Storm’’ re- We need to aggressively encourage lastly—and the one thing that is most ports. There are a lot of folks with more American students to pursue ca- important—parents, to a greater de- plenty of good ideas out there. By reers in these fields, especially as our gree than they are presently, have to sticking to the recommendations in current scientific workforce ages. The be involved and show interest in the these two groundbreaking reports, America COMPETES Act would do this education of their own kids, and sup- however, we were able to safeguard this in part by expanding existing graduate porting the great teachers of this coun- bill from becoming so large, unwieldy, research programs and strengthening try who are there doing both the job of and expensive that it could never pass NSF’s technology talent program. The parenting as well as the job of teach- the Senate. This is why we have a good bill also strengthens the skills of thou- ing. chance on this bill of actually passing sands of math and science teachers by Those societal changes are going to it in a strong bipartisan way either establishing new undergraduate and do more to enhance education and the today or tomorrow. One of the keys to graduate training programs. competitiveness of our economic sys- this process was getting the chairmen Finally, the bill authorizes competi- tem than anything we can do by pass- and ranking members of the Commerce tive grants to States to promote better ing any Federal program. But I think Committee, Energy Committee, and alignment of elementary and secondary we can enhance a lot of programs, and HELP Committee to join the majority education with the knowledge and this bill is a good step in that direc- leader and minority leader to introduce skills needed to succeed in institutions tion. I wish I had been able to convince the final product. of higher education in the 21st century. the people on the Judiciary Committee The America COMPETES Act would It is very important we focus on trans- that we ought to advance this amend- double funding for the National forming our educational system to ment here at this time because it is Science Foundation by 2011, increase meet the workforce needs of tomorrow.

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.046 S25APPT1 hmoore on PRODPC68 with HMSENATE S5036 CONGRESSIONAL RECORD — SENATE April 25, 2007 Technological change and globalization The answer is obvious, and his point ulation and has sharply increased the have increased the need for our stu- is well taken. We need to think strate- proportion of its college-age population dents to receive better education to re- gically about how to educate and in- participating in higher education from main competitive in the world econ- spire the next generation of Americans 1.4 percent to over 20 percent in just a omy for high-skilled jobs that lead to and increased focus on science, tech- generation. It should not be surprising innovative solutions, higher incomes, nology, engineering, and mathematics that a substantial portion of our work- and better standards of living. This em- is a very important part of maintain- force now finds itself in direct competi- phasis on quality education in science, ing our Nation’s long-term global com- tion for jobs with highly motivated and technology, engineering, and mathe- petitiveness. often well-educated people from around matics needs to start early in the As the title of Thomas Friedman’s the world. Unless we pay attention to course of a student’s education. popular book reminds us, in the 21st these facts, this competition will only Unfortunately, last year, the Organi- century, the world is flat and the increase in the future. zation for Economic Cooperation and United States must adjust to this re- Here are a few of the facts that I find Development released a study on edu- ality in creative ways or suffer the con- paint a compelling picture and show cation that highlights the fact that sequences. why this legislation is needed: Business while the United States invests signifi- This bill before us today, the Amer- is spending billions each year to train cantly more per student on education— ica COMPETES Act, will be a critical new employees and remediate the edu- with an $83,000 cumulative expenditure first step forward to lay the ground- cational skill gaps of those already in per student ages 6 through 15—than work for the kinds of change and in- the workforce. The American work- any other country in the world except vestments we need to make for our force is aging—77 million baby boomers for Switzerland, students from 16 other country to be competitive in this new are set to retire over the next several countries’ students performed better, century. The key to success on this decades. on average, than American students in issue is to move the bipartisan bill be- Reading proficiency among 12th grad- science. Sixteen other countries per- fore us, while resisting the urge to at- ers has declined to the point where just formed better than American students tach every good idea that has come over one-third of them are even consid- in science. In mathematics, the num- along in math, science, and technology ered proficient readers. In addition, 47 bers are even more troubling. Students areas. We were able to keep this work percent of those with a college degree in 23 other nations performed better, product fiscally responsible while ad- are not considered proficient readers on average, than American students dressing critical needs, and a big part according to the most recent National did—23 other nations. This was on an of that was including metrics to meas- international standardized math exam. Assessment of Adult Literacy. Only 68 ure and reward successful efforts and of every 100 ninth grade students grad- Other countries have more scientists to provide more accountability for ex- and mathematicians teaching science uate ‘‘on time,’’ in other words, within isting governmental programs. As our 4 years. America’s high school gradua- and math. In the United States, we citizens, businesses, universities, and mostly have education majors teaching tion rate is among the lowest in the in- scientists compete in the most inter- dustrialized world, and the impact on science and math. If you think about connected global economy in history, it, if your passion is science and math, our minority students has been espe- failure to pass a competitiveness bill cially severe, where this rate hovers you have a better chance of translating now would seriously harm the eco- around 50 percent. that passion to your students. I have nomic and national security of the spoken with the presidents of our Nearly one-third of entering college United States. freshmen need at least one remedial schools back in Nevada, at UNR and I hope all of my colleagues will join course. The United States has one of UNLV and our community college, with me in helping to pass this critical the highest college enrollment rates, about trying to transform the way we bipartisan bill as soon as possible. teach our teachers in Nevada. The Uni- Mr. ENZI. Mr. President, I wish to but a college completion rate average versity of Texas at Austin has an inno- speak about the importance of sup- to below average among developed vative program called UTeach. They porting and passing the America COM- countries in the world. Four out of every five jobs will re- are actually taking science and math PETES Act. majors and teaching them to be teach- It has been 50 years since Sputnik quire postsecondary education or the ers. The results so far have been very was launched by the Soviet Union. The equivalent, yet only 52 percent of promising. The University of California United States was quick to react with Americans over the age of 25 have system is pursuing a similar approach. a flurry of activity and investment to achieved this level of education. Sev- Our country must try to change the spur innovation. Its launch also had a enty-five percent of today’s workforce way we are educating science and math dramatic impact on education in this will need to be retrained just to keep teachers so we can inspire the next country. Students wanted to be the their current jobs. generation of Americans more effec- best and wanted to prove that the Median earnings of a high school tively. United States was a better and strong- graduate are 43 percent higher than I am also reminded of the story the er country. Today the need is just as those of a nongraduate and those of a president of the Museum of Science in great, but we don’t have a catalyst, college graduate are 62 percent higher Boston, Dr. Yannis Miaoulis, shared like Sputnik, driving the need. The than those of a high school graduate. with me last year when discussing how need is driven by our economy and Two-thirds of the 7 million worker gap to foster innovation in math and companies that need bright and inno- in 2010 will be a skilled worker short- science education. Dr. Miaoulis dis- vative workers. This need is driven by age. cussed how in school, at a young age, the competition the United States now If our students and workers are to students learn about volcanoes and faces from across the globe. have the best chance to succeed in life make models to simulate how they Last year I was in India and saw and employers to remain competitive, work. While the accumulation of firsthand what Thomas Friedman dis- we must ensure that everyone has the knowledge on volcanoes or other life cusses in his book, ‘‘The World is opportunity to achieve academically science topics is a very good thing, un- Flat’’. It does not take long to figure and obtain the skills they need to suc- fortunately, grade schools often do not out that by numbers alone, India has to ceed, regardless of their background. dedicate as much time and attention to educate only 25 percent of its popu- To accomplish this, we need to build, exploring science through practical ex- lation to have more literate and edu- strengthen, and maintain our edu- ploration of engineering topics—for in- cated people than the total population cational pipeline, beginning in elemen- stance, how a car works. To drive home of the United States. This trip rein- tary school. We must also strengthen his point on the need to focus more at- forced my belief that we need to ramp programs that encourage and enable tention on engineering at an earlier up our efforts in the areas of education citizens of all ages to enroll in postsec- stage in students’ education, Dr. and labor to keep our country competi- ondary education institutions and ob- Miaoulis asked us a simple question: tive. tain or improve their knowledge and Do we spend more time in a car or a Add to this perspective the fact that skills. The decisions we make about volcano? China has 20 percent of the world’s pop- education and workforce development

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.047 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5037 will have a dramatic impact on the Child Left Behind Act provides funds to human genome, stimulates economic economy and our society for genera- States and local school districts to sup- growth and improves the quality of life tions to come. port our neediest and most disadvan- and health for all Americans. Through This legislation is the product of bi- taged students. Those students need a our investments and leadership in basic partisan negotiations and input from hand up in order to succeed in the fu- research and innovation, we ensure members of 3 Senate committees—the ture. I look forward to working with that our children and grandchildren Senate Commerce, Energy, and HELP Chairman KENNEDY to reauthorize the will continue to have the unprece- Committees. Work on this legislation No Child Left Behind Act this year. dented prosperity and opportunity that began last year in response to the ‘‘Ris- Fifty years after Sputnik, the United we enjoy today. We also have high ex- ing Above the Gathering Storm’’ re- States is in another equally important pectations that science and engineer- port, the ‘‘Innovate America’’ report, race that will define our leadership. ing will solve essential worldwide and the President’s American Competi- This race is fueled by innovation, edu- needs from the mitigation of natural tiveness Initiative. I want to thank all cation, and skills. Its success is meas- disasters to the development of alter- those who worked on this bill for their ured by jobs and prosperity for Amer- native energy sources. hard work and dedication and com- ican families. It is a race we cannot af- This act recognizes that the Nation mend them for the collegial manner in ford to lose. depends upon the development and the which this bill was crafted. I ask my colleagues to support the productivity of highly trained people This bill includes provisions that im- passage of the America COMPETES to generate these innovations. It is dis- prove math, science, and critical for- Act. concerting that only 29 percent of eign language education in our Nation Mr. LIEBERMAN. Mr. President, I Americans believe the United States from elementary school through grad- rise today in support of the America has the most innovative economy in uate school. It supports improvements COMPETES Act. I am pleased to join the world. Nearly half choose China or to teacher preparation, establishes Senators REID and MCCONNELL, to- Japan instead. Why? The No. 1 reason stronger links between graduate gether with Senators BINGAMAN, ALEX- cited by Americans is their belief that schools and employers, provides fund- ANDER, INOUYE, STEVENS, ENSIGN, KEN- other countries are more committed to ing to support students trained at the NEDY, ENZI and a majority of the Sen- their education, their youth, or their doctoral level in science, technology, ate, in this bipartisan effort. schools. In fact, tests show U.S. stu- engineering, and mathematics, and en- I particularly commend my colleague dents are falling behind other devel- hances Federal programs that support from Nevada, Senator ENSIGN, for his oped nations in math and science. We students in graduate school. foresight and leadership on innovation must restore confidence in our edu- It should come as no surprise that I and competitiveness issues. Beginning cation system and ensure it is second particularly support the education in 2005, I started working together with to none. components of this bill. Education at Senator ENSIGN on the National Inno- For example, we need to engage the all levels, including lifelong learning vation Act to build a new century of Nation’s top universities to lead some opportunities, is vital to ensuring that progress and prosperity for our Nation of their best and brightest students, es- America retains its competitive edge by spurring a new wave of American in- pecially in science, technology, engi- in the global economy. In this global novation. With his leadership in the neering and mathematics, STEM, economy, learning is never over and Commerce Committee, Senator ENSIGN fields, into successful teaching careers. school is never out. Every American and I supported a bipartisan approach, In this bill we stimulate partnerships can and should be part of our Nation’s focused on talent, investment, and in- for college math, science, and engineer- success. The education and skills of frastructure, to sustain and enhance ing departments to work with teacher today and tomorrow’s workforce were a U.S. science and technology leadership development programs. These pro- high priority for me even before I be- for the future. The National Innovation grams will increase the supply of cer- came chairman and now the lead Re- Act addressed a number of the most tified, knowledgeable teachers in areas publican of the Health, Education, critical issues involving technology critical to meeting America’s needs, Labor, and Pensions Committee. leadership in the United States, real- giving us a greater opportunity to im- The America COMPETES Act is a izing the critical need for increased prove student interest and achieve- good starting point, but we need to do Federal support for basic research. ment in STEM areas. more. Maintaining America’s competi- Senator ENSIGN and I also worked We know that new teachers in STEM tiveness requires that all students have closely together on the National Inno- classrooms across the country need the opportunity to continue to build vation Education Act. The intent of support and mentoring from knowl- their knowledge and skills. We need to that bill was to enhance our science edgeable, established teachers. This find ways to encourage high school stu- and technology talent base and to im- bill supports programs for existing dents to stay in school and prepare for prove national competitiveness teachers seeking to enhance their con- and enter high-skill fields such as through strengthened education initia- tent knowledge, teaching skills, and math, science, engineering, health, tives. Our bill proposed initiatives leadership in STEM and foreign lan- technology, and critical foreign lan- spanning across the science education guages. guages. For many, including those at spectrum to improve quality instruc- We cannot wait for students to reach the cutting-edge of science, tech- tion and access to learning for all stu- college to ensure that they are pre- nology, engineering, and mathematics, dents. pared for the future. It is troubling acquiring a postsecondary education or I am pleased that the America COM- that many students with their newly training will be the key to their suc- PETES Act addresses many of the ap- obtained high school diplomas find cess. Therefore, I remain committed to proaches to science research and edu- themselves ill-equipped for college or reauthorizing the Higher Education cation proposed by Senator ENSIGN and the workforce. It is time to ensure that Act. I in these measures in addition to high schools prepare their students for Individuals in the workforce often many of the initiatives put forth by the future. To do this right, States need retraining to keep up with our Senators BINGAMAN, ALEXANDER, and must start aligning what children fast-paced economy. Businesses also others in the PACE bills. In large part, learn starting in kindergarten, or ear- need help in finding well-qualified indi- these bills sought to incorporate rec- lier, to meet the evolving higher edu- viduals to meet their needs. The Work- ommendations from the National Acad- cation and business needs for the 21st force Investment Act and the system emies’ report ‘‘Rising Above the Gath- century and beyond. created to support it provide those ering Storm’’ and ‘‘Innovate America’’ High-quality data systems are also needed services. We must reauthorize from the Council on Competitiveness. critical to improve schools and student the Workforce Investment Act this In this bill we seek to address the outcomes. Accountability for high Congress. challenge of keeping the United States school graduation numbers and drop- Finally, our children need a strong competitive in the global economy. In- out rates is important to address edu- foundation of knowledge to succeed in novation, from the development of the cation reform in our high schools. both education and knowledge. The No Internet to the sequencing of the States and schools need data systems

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.018 S25APPT1 hmoore on PRODPC68 with HMSENATE S5038 CONGRESSIONAL RECORD — SENATE April 25, 2007 to trace successful educational out- will be used for ‘‘grand challenges’’ and COMPETES. The first establishes a comes back to specific programs, other high-risk/high-reward research mentoring program to support women coursework, and interventions. They that will expand the frontiers of dis- and underrepresented groups as they need to know what works and what covery and innovation. progress through education programs doesn’t work. I am pleased that this It is time once more for the Nation being proposed at the Department of legislation contains many of the com- to focus on the health and direction of Energy. Mentoring is an effective ponents of a bill I introduced last year, scientific research. Late in 1944, Presi- means for experienced scientists to the College Pathways Act, to improve dent Roosevelt called on a leading provide professional assistance and ad- data systems and alignment. science and engineering advocate, vice to developing scientists, and such The National Science Foundation is Vannevar Bush, to report on how the a program would ensure the success of the principal agency sustaining basic Nation should prepare in the post- these education programs. I also pro- research across all science and engi- World War II era to deal with the ‘‘new pose that women and minority sci- neering fields. Basic research outcomes frontiers of the mind [that] are before entists and engineers be represented have led to many important innova- us’’ and to ‘‘create a fuller and more and consulted as strategies are devel- tions, stimulating economic growth fruitful employment and a fuller and oped to increase America’s competi- and improving the quality of life for all more fruitful life.’’ The report, tiveness. This inclusion should occur at Americans. NSF focuses on the areas of ‘‘Science—The Endless Frontier,’’ led the proposed National Science and discovery, learning, and in building the to the development of the National Technology Summit, on the Presi- country’s research infrastructure and Science Foundation. We call on the dent’s Council on Innovation and Com- world-class facilities. These areas line President to issue a new report on key petitiveness, and elsewhere. If the con- up directly with our three primary research and technology challenges cerns of diverse groups of technology areas in this act: increased research in- based on a national science and tech- professionals are not heard, it will be vestment, STEM education, and inno- nology summit of leaders from labor, too easy to overlook the advantages vative infrastructure. It is critical that industry, academia, government, and these groups can bring to the innova- we develop and support each of these: elsewhere. The President will also es- tion landscape. the people, their ideas and the large- tablish a Council on Innovation and I have also proposed that, to profit scale tools needed for discovery and in- Competitiveness to, among other from the strength of our diversity, we novation. things, assess R&D investment and ad- must start with America’s young stu- To encourage more students to enter dress future areas needed to maintain dents. Summer is a time when, as a re- technical professions, this legislation the United States as a world leader in sult of summer learning loss, young increases Federal support for STEM research and technological innovation. students may lose several months in graduate fellowships and trainee pro- We must continue to encourage the math skills. The summer learning loss grams by expanding the NSF Graduate groundbreaking experimentation and is greatest for children living in pov- Research Fellowship Program and the longer-term outlook that made this erty. Summer programs combat this Integrated Graduate Education and Re- country great. I am pleased to join my loss, accelerate learning, and can serve search Traineeship Program by a total colleagues in this bipartisan effort to to close the achievement gap in mathe- of 2,500 students. address the science, technology, and matics and problem-solving that cur- The America COMPETES Act further education needs that will fuel innova- rently robs us of the talents of too addresses the issue of improving talent tion and continue to drive American many children. I have introduced an across scientific disciplines by expand- growth and prosperity. I urge my col- amendment that supports summer ing the existing STEM Talent Expan- leagues to join us and support passage learning opportunities, with curricula sion Program, STEP, to the scope of the America COMPETES Act. that emphasize mathematics and prob- originally intended. The STEP, or Tech Mr. OBAMA. Mr. President, there is lem solving, aligned to the standards of Talent Program, which I first proposed concern that America is losing its com- school-year classes. in 2001 as part of the Technology Tal- petitive leadership. I am proud to co- Finally, I propose that one of the ent Act, provides competitive grants to sponsor the America COMPETES Act major challenges facing us is an issue undergraduate institutions to develop because it proposes a meaningful re- we understand on the basis of science; new methods of increasing the number sponse to that loss of leadership, and I an issue that can be solved, at least of students earning degrees in science, compliment the bill managers on the partially, through technology; an issue math, and engineering. bipartisan manner in which the Senate that has the potential to greatly affect The Department of Energy’s Office of is addressing this issue. America COM- our competitiveness. It is an issue of- Science is the principal Federal agency PETES is a strong piece of legislation, fering both challenges and great oppor- for research in high energy physics, nu- but I wish to propose amendments that tunities. Therefore, I am proposing an clear physics, and fusion energy I believe will strengthen this legisla- amendment to create a Climate Change sciences. This legislation puts the Of- tion in several areas. Education Program to broaden our un- fice of Science on a doubling track, As our Nation becomes more diverse, derstanding of climate change. The over 10 years. We create important edu- scientists, engineers, and technology program would emphasize information cational opportunities through Centers professionals continue to be recruited to help us comprehend climate change of Excellence in Mathematics and from a narrowing segment of our popu- and to promote implementation of new Science. These centers bring together lation. If we were able to increase the technologies that would ensure our our premier National Laboratories as participation of underrepreseneted place as an international leader, will- partners with high-need high schools. groups, including women, to a level re- ing to use science to understand our National Laboratories also will host flective of their representation in the world, willing to apply technologies to summer teacher institutes and will population, we would diminish the address the serious challenges facing provide expert assistance to teachers workforce issues that restrict our eco- us. at specialty schools in math and nomic progress and generate a pool of I urge my colleagues to support these science. talent that could refresh our ability to amendments. The bill also creates an Innovation innovate. If we do not tap the diversity Mrs. CLINTON. Mr. President, at a Acceleration Research Program to of our Nation as a competitive moment of profound change for our stimulate transformational research by strength, we will diminish our capacity country, as the global economy grows setting a goal for Federal research to innovate. Full participation by all more interdependent, the reach of tech- agencies to allocate 8 percent of their segments of our populace would do nology more vast, and the con- current R&D budgets to breakthrough more than just increase the number of sequences more important for future research—the kind of research that workers in high technology fields; full generations of Americans, I am proud gave us fiber optics, the Internet, and participation would bring fresh per- to support the America COMPETES countless other technologies relied on spectives and inventive solutions. Act as an original cosponsor and proud every day in this country and around To increase participation, I have of- to have been able to include several of the world. We anticipate this funding fered several amendments to America my proposals in the final bill. I am also

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.012 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5039 pleased to see that partnership—not amazing job of raising their State I am pleased that we are making a partisanship—ruled the day. standards, while others are watering commitment to expanding the pipeline The challenge is to achieve the prom- them down. of math and science teachers, and this ise while avoiding the perils of this mo- The NAS report outlined the need for amendment is our first step in that ex- ment. consistency in math and science edu- pansion. I thank Math for America and Modern technology is making the cation as one of the important rec- the Newton Fellows and Newton Mas- American workforce more and more ommendations in their report. That is ter Teachers for all they do every day productive—while making it increas- why I introduced the Math and Science to improve math education for stu- ingly possible for employers to hire the Consistency Act which instructs the dents in New York City and around the most skilled workers no matter where National Academy of Sciences to cre- country. in the world they live. Our young peo- ate voluntary goals for learning in the The America COMPETES Act is a ple see so many promising new fields areas of math and science education. comprehensive strategy to help Amer- and avenues—but too many American I thank everyone involved with this ica compete and win in the global mar- students, even some graduates of col- package, in particular Senator BINGA- ketplace. As cochair of the Senate lege, are not equipped with the skills MAN, for working with me to include Manufacturing Caucus, I am pleased to compete, especially when it comes elements of my legislation into the that this legislation makes a signifi- to participation in challenging math America COMPETES Act. cant investment in the Manufacturing and science fields. If we want to truly prepare our stu- Extension Partnership Program that is That is why this bill is so important: dents to compete, then it is especially critical to sustaining our nation’s man- education will help us overcome these important to look at successful models ufacturing base. obstacles while opening the doors to of math and science education and I am also pleased that this bill in- new opportunities. place this information in the hands of cludes a new energy research proposal America’s global economic competi- our math and science teachers. These modeled on DARPA. This is an idea tiveness will rest more and more on the promising practices will help all States that I first put forward at the Clinton back of our education system, and the improve their math and science edu- Global Initiative in 2005, and intro- scientists, engineers, and inventors cation. duced legislation on in January of 2006. that the system produces—but today It is imperative that we figure out My legislation would create a new that back is breaking. what is working and reproduce it. The agency to sponsor a diverse portfolio of The United States currently ranks math and science education our chil- projects that will: Increase national se- 21st out of 40 industrialized nations in dren receive today is an investment in curity by significantly reducing petro- the largest and most comprehensive the economy of tomorrow. leum and imported fuels consumption; educational study to date. China pro- I also worked alongside Senator significantly improve the efficiency of duces far more engineers than the SCHUMER to include a provision that electricity use and the reliability of United States each year. Fewer well- will create two new fellowship pro- the electricity system; and signifi- educated scientists and engineers grams within the National Science cantly reduce greenhouse gas emis- means fewer inventions, fewer high- Foundation. These new fellowship pro- sions. Section 2005 of the America Com- tech exports, and fewer jobs for Ameri- grams are modeled after the highly petes Act mirrors many of these provi- cans. successful Newton Fellowship and New- sions. However, section 2005 does not And we are trying to compete with ton Master Teacher Programs in New include provisions from my legislation one hand behind our back: half our pop- York City. that provide additional management ulation disproportionately avoids math Through Math for America, the New- flexibility, and that I believe are im- and science. Women and minorities are ton Fellowship Program has brought a portant to the success of this new routinely underrepresented in these cadre of talented professionals to teach agency. In addition, section 2005 does fields. math in NYC school. Additionally, the not authorize a specific level of fund- The National Academy of Sciences, Newton Master Teacher Program ing. I recognize that there are funding NAS, outlined solutions to these and trains current math teachers who dem- constraints, but I think that a much other challenges America will face as onstrate solid math knowledge to be- bigger, bolder investment is needed. So we contend with other counties in the come leaders in their schools through I am pleased that section 2005 is in- science, technology, engineering, and mentoring and professional develop- cluded in the bill, but I hope that we mathematics. Their report, ‘‘Rising ment. I am pleased our amendment will can make improvements during con- Above the Gathering Storm: Ener- allow these successful models to be ference with the House. gizing and Employing America for a replicated around the country. We must do what is best for our chil- Brighter Economic Future,’’ gave us a Once implemented, the first fellow- dren and their economic future. When roadmap to avoid this storm. The ship program will be available for pro- Americans have the tools for success, America COMPETES Act will imple- fessionals who possess advanced math America succeeds and that is what this ment these recommendations. and science skills. It will allow profes- bipartisan legislation can help us For example, this legislation would sionals from the private and public sec- achieve. provide funding to increase the number tors to apply to become ‘‘NSF Teach- Mr. MARTINEZ. Mr. President, I rise of teachers serving high-need schools ing Fellows.’’ If selected, these individ- today to address S. 761, the America who are qualified to teach advanced, uals would receive a scholarship to at- COMPETES Act. This is an effort to college level courses in math and tend a 1-year master’s program that re- help prepare our children to enter the science. It also supplies grants to com- sults in certification. The fellows fields of math, science, engineering, munity colleges to offer training to would then commit to teach for 4 years and technology and the ultimate goal allow women to enter higher paying in a high-need school. This is the com- is to keep the United States at the technical jobs. monsense approach we need in order to forefront of these fields on the increas- This act also provides new incentives build a pipeline of math and science ingly competitive global stage. for math and science research. The bill teachers who are experts in their fields. I congratulate Senators LAMAR ALEX- doubles the current funding for the Na- The second fellowship program enti- ANDER and JEFF BINGAMAN for posing tional Science Foundation, NSF. tled the ‘‘NSF Master Teaching Fel- the questions they did to the National I am also pleased this legislation in- lows’’ Program, will allow current Academies of Sciences, Engineering, cludes two of my amendments. The teachers who hold a master’s in math and Medicine and for working the pan- first asks the National Academy of or science to apply and serve as leaders el’s recommendations into legislation. Sciences to collect and disseminate in a high-need school. In exchange for And I agree with the findings that basi- ‘‘Promising Practices’’ in the areas of receiving a stipend, these fellows would cally say if we don’t do a better job of math and science education, as well as commit to mentoring their peers, de- teaching our children in the areas of techniques proven to help teachers im- veloping curricula, and assisting in math, science, and technology, other prove their instructional skills. Many professional development activities for countries will surpass us in a way that States across the country are doing an 5 years. we might never overcome.

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.049 S25APPT1 hmoore on PRODPC68 with HMSENATE S5040 CONGRESSIONAL RECORD — SENATE April 25, 2007 I commend the Academies’ full re- We as a country are falling behind. and keep up with the rate of innova- port to all of you, and I think they are We are losing the opportunity to re- tion. That’s going to take a greater on the right track. We need to take main competitive on a global scale un- commitment to public education in the some significant and comprehensive less we address these percentages and areas of math, science, and engineer- steps to better prepare our young peo- change them. ing. ple to enter the Information Age work- So when we talk about improving And I can tell you that if our chil- force. It is critical to our Nation’s fu- education, we, as individuals, parents, dren can’t, won’t, or don’t take advan- ture and it is critical that we approve community leaders and elected offi- tage of these opportunities, the chil- this legislation and start preparing our cials, need to focus on quality edu- dren of other countries will. Our task children of today for the future of to- cation. is to commit to their success and this morrow. We need to encourage our young peo- legislation does just that. And it is critically important we ple to seek that diploma and degree, To conclude, I will say that the Fed- start preparing for tomorrow today. and we need to help those who might eral Government alone will not solve In a 2003 Trends in International otherwise not have access to a higher these problems, and I don’t believe Mathematics and Science Study, education. Congress has a magic bullet to address fourth graders in three countries—Chi- And we need to remember that Amer- all—or even most—of the challenges nese Taipei, Japan, and Singapore— ica has been the global leader in inno- mentioned here today. outperformed U.S. fourth graders in vative technologies, and as those tech- I do, however, believe we can all sup- both mathematics and science. In the nologies grow and expand and pro- port the legislation before us today. new world marketplace, the United liferate throughout the world, we have The report by the National Academies States will have to make an even to become even more prepared to com- panel is a fair and realistic assessment greater effort to keep our high stand- pete in a global market. of how we ought to proceed. ard of living, to remain competitive. All young Americans, no matter Who could argue that we shouldn’t People in India, China, Singapore, their race, creed, or ethnicity deserve look at ways to increase the pool of Finland, and Ireland know very well the opportunity to gain not just an qualified math and science teachers, that brainpower is universal, it is valu- education, but the best quality edu- strengthen the Nation’s commitment able, and it is the secret weapon to pro- cation. This is our obligation and our to research, make the United States ducing good jobs and a good quality of national imperative. the most attractive place to the Na- life. We are a great nation, but that tion’s and world’s brightest minds, and Given that physical barriers such as greatness will not be enjoyed by the ensure we protect intellectual property distance have been torn down by the next generations if we fail to properly while allowing the freedom to inno- World Wide Web and the benefits of educate that next generation. That is vate? These issues deserve the atten- free trade, our foreign competitors why the America COMPETES Act is so tion of our Nation. know there is no reason that they can’t very critical. I know—working together—we can have a standard of living more like the This bill will improve teacher train- and will adopt initiatives that will pro- United States. So they are working ing in math and science by creating vide the best education for our future hard to develop better trained citizens summer programs hosted by the Na- generations. and create their own stream of discov- tional Science Foundation. Mr. BOND. Mr. President, in today’s eries. The challenge of our generation is to This bill will increase the support for global economy, continued progress in change these troubling trends. Our Advanced Placement Programs to ex- math, science, and engineering, and the commitment needs to be redoubled. pand access for low income students so transfer of this knowledge, is vital if I am a great believer in the trans- they might perform better in college the U.S. is to maintain its competitive- forming power of education. Coming preparatory courses. ness and keep good-paying, cutting- from Cuba at age 15, not knowing the Over the next decade, this bill dou- edge jobs here at home. New products, language of this country, not knowing bles the investment in basic research processes, industries and future em- how my future would unfold, I relied at our Nation’s leading Federal sci- ployment opportunities depend on the heavily on the power of education to entific research facilities so that we advances in research and their move- survive. can take research out of the class- ment into the marketplace. My father was the first person in our rooms and put it into real-world appli- Missouri is a leader in a field of family to earn a college degree, and he cations. science that hardly existed 20 years would always remind us that the only That last point is equally important ago—biotechnology. And I want Mis- thing the Communists could not take as the previous two. Yes, we should ex- souri to continue to be a leader in pro- from him was his education. That con- pand the math, science and engineering ducing the best math and science cept of an education became a valued training for teachers, but we also need minds in the country. How do we do treasure in our family. So that is why to focus now on the kinds of research that? One of our toughest educational I worry so greatly about the education that will elevate the production of challenges is helping our young people of our next generation. technological innovation. perform better in science and math. According to recent statistics com- I am certain all of us come into con- We know that America’s fourth grad- piled by the U.S. Department of Edu- tact with a computer every day, and it ers and eighth graders are performing cation, our nationwide graduation rate is a safe bet that many of those com- above the international average in in public schools is about 74 percent. puters have an Intel chip inside. math and science. But when they get That means one out of every four chil- One of the people who worked on the to high school, they fall behind. dren who starts out as a freshman, does Academies report, Craig Barrett, the We need to do more. That is why I not get a high school degree. In Flor- chairman of Intel, points out that 90 am pleased to support the America ida, the graduation rate drops to 71 percent of the products his company COMPETES Act, which strengthens percent. Nationally, if you look at delivers on December 31 did not even educational opportunities in science, young people between the ages of 16 exist on January 1 of that same year. technology, engineering, and mathe- and 24 who don’t have a high school di- That is an amazing pace of change. matics from elementary through grad- ploma, the numbers are alarming: His- Handheld computers, Blackberrys, uate school, with a particular focus on panics, 25 percent, Blacks, 11 percent, flash drives, the iPhone—these kinds of math and science teachers. In addition, Whites, 6 percent. advancements create opportunity and this bill makes a bold Federal invest- These are rates that have been vir- demand for human capital. Human cap- ment in basic science research at the tually static over the last decade. They ital can harness science and oppor- National Science Foundation, the DOE forecast a tragic pattern that we must tunity—and keep our Nation at the Office of Science, NASA and the Na- change, for the good of these children, cutting edge of global innovation. tional Institute of Standards and Tech- but also as a matter of national com- So the challenge is clear we need to nology. petitiveness in a shrinking but com- ensure our young people have the tools As many of you know, I have been a petitive world. they need to harness their brainpower strong supporter of NSF over the

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.078 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5041 years. NSF plays a critical role in the funding for NSF significantly; however, marketplace. We stand at a critical economic, scientific and intellectual we fell short of our goal to double fund- juncture, and how we proceed will de- growth of this Nation. It is one of our ing. The bill before us today provides termine the future for generations to primary tools in meeting the global an important opportunity to refocus come. challenges of the 21st century by push- attention on this critical goal and I am That is why this legislation is so ing the boundaries of scientific re- pleased that this bill puts us on the critical—it is a commitment that we search and technology. NSF’s work path to double NSF funding. It is crit- will do what is necessary to strengthen will give us a better insight into the ical that doubling funding for NSF re- our Nation’s future. This legislation world around us. This work will grow main one of our highest priorities and will both bolster our research and de- our economy and speed innovation, im- as a member of the Appropriations velopment capabilities and better proving the quality of life for all peo- Committee, I hope we can do our part. equip our young people to become the ple. Future job and economic growth in future leaders that this Nation needs. NSF’s impact over the past half cen- the areas of health care, life sciences, The America COMPETES Act will tury has been monumental, especially defense, agriculture and transportation strengthen educational opportunities in the field of medical technologies and is directly related to scientific ad- in science, technology, engineering, research. The investments have also vancement. For these reasons it is im- and mathematics from elementary spawned not only new products, but portant to support the America COM- through graduate school. It will create also entire industries, such as bio- PETES Act and make an important in- grants for master’s degrees in math, technology, Internet providers, e-com- vestment in the economic security and science, and foreign language and es- merce, and geographic information sys- growth of our country. tablish programs to improve math in- tems. Medical technologies such as Mr. MENENDEZ. Mr. President, I struction for elementary and secondary magnetic resonance imaging, rise in support of S. 761, the America students. This legislation also calls for ultrasound, digital mammography and COMPETES Act. I am proud to be an substantially increasing funding for genomic mapping could not have oc- original cosponsor of this legislation, the National Science Foundation, dou- curred, and cannot now improve to the which takes important steps to make bling basic research funding over the next level of proficiency, without un- sure we are preparing our young people next decade, and the creation of a na- derlying knowledge from NSF-sup- to be competitive and working to se- tional science and technology summit. ported work in biology, physics, chem- cure our Nation’s future in a global I am pleased this bill includes provi- istry, mathematics, engineering, and economy. sions I introduced last year to increase computer sciences. That need has never been more ur- the participation of women and minori- New NSF support for research in gent than today, when globalization ties in science. Specifically, this bill nanotechnology, high-speed computing, and technology are tearing down the directs the Energy Department to in- plant genome research, biocomplexity, walls of geography, language, and in- crease the numbers of women and mi- and cognitive neuroscience will further come. Globalization has brought in- norities in science and technology advance the state of technological creased educational, technological, and fields at all education levels—from kin- change and improve our quality of life societal advances to regions that only dergarten through the graduate level— through creation of new products, a once dreamed of innovation. Today, as and establishes a new outreach pro- better understanding of how humans nations abroad are gaining a competi- gram for underrepresented minorities behave, and how our ecological systems tive edge, our younger generations are in grades K–12 to encourage careers in can survive. at risk of falling behind. science and technology. While opportu- Unfortunately, the Federal Govern- For a nation with endless resources nities in these fields are becoming ment has not always adequately sup- at its fingertips, it is inexplicable that more accessible to all students, women ported NSF and the physical sciences the United States continues to fall far and minorities are still sorely under- with the dollars it deserves. While the below other nations when it comes to represented in the sciences. It is my Congress and the current and past Ad- higher achievement. Yet this is the re- hope this legislation will help us to ministration has strongly supported ality. On international assessments, close that gap and ensure that young the life sciences, the physical sciences our young people score below the aver- people of all backgrounds have the op- have been left behind. This has resulted age compared to other developed na- portunities they deserve. in a major funding disparity between tions on math tests. Even when we just This bill also contains an initiative the life sciences and the physical look at the highest achieving students, that would authorize partnerships be- sciences. This funding imbalance is the United States still ranks near the tween high-need or rural school dis- alarming because it directly jeopard- bottom. tricts, higher education institutions izes our Nation’s ability to lead the In the global race to have the most and the private sector, with the goal of world in scientific innovation. Further, trained, highly-skilled, best prepared revitalizing the high school science we jeopardize the work of the National workforce, we are losing ground. And labs in those schools. This will help Institutes of Health because we are un- we are especially losing ground in schools purchase scientific equipment, dermining the physical sciences, which fields that are the source of innovation renovate laboratory space, design new provide the underpinning for medical and technology, which will increas- experiments or methods of integrating technological advances. ingly become a key sector of the global the laboratory with traditional lec- Inadequate funding for NSF also economy. tures, and provide professional develop- hurts our economy and the creation of Fewer of our college students are ment for high school lab teachers. This good jobs. In recent years, there has pursuing degrees in math, science and provision—which I introduced last year been an outcry of outsourcing jobs to engineering, and if those trends con- as a separate bill—will improve the other countries. And, our high-tech in- tinue, by 2010 more than 90 percent of science learning experience for stu- dustry has been struggling to fill high- all our world’s scientists and engineers dents in low-income and rural schools tech positions with American born would be living outside the United across the country. workers. The best remedy to this issue States. As someone who was raised to believe is not protectionism but investing in We cannot sit back and expect that there were no boundaries to what I the education and skills of our future we will continue to be at the top when could achieve, I know first hand that a workforce. This means better math and it comes to global achievement. Where strong education is the key to success. science education and technological other countries are strengthening their I was not constricted by the income my skills, such as computer literacy. This education systems, we are not keeping parents made, or by the neighborhood I is also a major part of NSF’s mission. up. We must regain that ground by in- lived in, but only my ability and my My good friend Senator BARBARA MI- vesting in our younger generations. We determination. With the assistance of KULSKI and I, along with many of my must provide quality opportunities for the Federal Government, I graduated other colleagues, were pioneers in the young people now so that they can gain from college and law school, and had a fight to double the funding of NSF. the science, math, and technological world of opportunity open to me. I Thanks to this effort we increased skills they need in an emerging global want every young person to have the

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.020 S25APPT1 hmoore on PRODPC68 with HMSENATE S5042 CONGRESSIONAL RECORD — SENATE April 25, 2007 chance to achieve their dreams an ful- ented and driven people who can com- The Capital Markets Commission report is fill their God-given potential. This bill pete and win in the global economy. a thoughtful document that makes an impor- will undoubtedly help countless young We should do all we can to promote tant contribution to the debate about the fu- the ongoing competitiveness of Amer- ture of our Nation’s capital markets. people reach that goal. I commend the Chamber, the Commission The time has come to make a robust, ica’s capital markets. Our Nation’s and its co-chairs—my good friend Bill Daley national commitment to the education ability to strengthen security, create and Arthur Culvahouse—for highlighting of our youth at all levels, from kinder- opportunity, and expand prosperity for some of the key challenges facing our capital garten through graduate school and be- every citizen depends in large part on markets. I look forward to analyzing the re- yond. We cannot expect our country to the success of our capital markets and port’s recommendations in greater depth and be adequately prepared unless we are of our financial services sector gen- examining them in the Senate Banking Com- making the necessary investments in erally. Maintaining the preeminence of mittee at a hearing I intend to hold in the coming weeks. all of our students. capital markets will not be easy. It I have served on the Banking Committee Our Nation faces great challenges to will require honest and thoughtful since my first day in the Senate. No one now meeting the demands of global innova- leadership. As chairman of the Banking in the Senate has served there any longer. As tion and competition. A nation that is Committee, I look forward to fur- a member of that Committee, and now as its united in its purpose can answer that thering the dialogue on this important Chairman, I have had one overarching objec- challenge, as we have so many times issue. tive: to preserve and strengthen America’s throughout our history. Just as an en- Mr. President, I ask for unanimous preeminent position as the world’s leading tire generation was once inspired to consent that the following remarks on financial center. dream new dreams of reaching space, That objective is so crucial because our na- competitiveness that I recently deliv- tion’s ability to strengthen security, create and a nation launched a bold invest- ered to the U.S. Chamber of Commerce opportunity, and expand prosperity for every ment in science and technology that in March be inserted into the RECORD citizen depends in large part on the success put a man on the Moon, so can we lead immediately following my statement. of our capital markets and of our financial a generation to be the next great lead- There being no objection, the mate- services sector generally. ers and innovators. This legislation rial was ordered to be printed in the My service on the Banking Committee has will help achieve that goal. It will RECORD, as follows: provided me with a tremendous opportunity to observe, study, and, I hope, strengthen our strengthen not only the competitive [Prepared Remarks of Senator Dodd to the capital markets. Based on that experience, I U.S. Chamber of Commerce, Mar. 14, 2007] future of our young people but of our would like to share what I believe are three Nation. I urge my colleagues to sup- FIRST ANNUAL CAPITAL MARKETS SUMMIT: important considerations that should guide port this important bill. SECURING AMERICA’S COMPETITIVENESS us in any discussion of how to make Amer- Mr. DODD. Mr. President, I wish to Thank you, Tom, for that kind introduc- ica’s capital markets more competitive. express my support for ensuring the tion. And thank you all for this opportunity First, we should keep in mind that, as we ongoing competitiveness of U.S. cap- to speak with you this morning. It’s hard to speak, America’s capital markets remain the ital markets, our economy and Amer- believe that ten years have passed since Tom most dominant in the world. That is not ican workers. I have served on the became President and CEO of the Chamber. empty rhetoric. It is a demonstrable fact. He has done an outstanding job of leading For example, the total amount of financial Banking Committee since my first day this remarkable organization. stock in the U.S.—equities, bonds, loans, and in the Senate 26 years ago. During my I am proud to have had Tom’s and the deposits—is more than six times the amount tenure on the committee, and now as Chamber’s support on some of the most im- of the U.K.’s, more than double Japan’s, and its chairman, preserving and strength- portant pieces of legislation with which I four times that of the other Asian capital ening America’s preeminent position as have been associated. Laws like the Private markets. the world’s leading financial center has Securities Litigation Reform Act; the Y2K America’s dominance is also proven by the been among my primary objectives. litigation reform act; the Class Action Fair- market capitalization of the major ex- Based on that experience, I would ness Act; the Gramm-Leach-Bliley Act, changes. Yes, IPO and trading activity on which has helped bring our financial services overseas exchanges has been growing. I am like to share what I believe are three sector into the 21st century; and the Ter- very aware of that, but the market capital- important considerations that should rorism Risk Insurance Act, which in the ization of the major U.S. exchanges dwarfs guide us in any discussion of how to aftermath of 9/11 has played a crucial role in that of their overseas competitors. The mar- make America’s capital markets more keeping our economy strong. ket cap of the New York Stock Exchange is competitive. In all seriousness, these pieces of legisla- $15 trillion dollars. That is 15 times the value First, we must remain mindful that tion represent hard-fought changes that have of the Shanghai Stock Exchange, four times our markets remain the largest, most benefited the American economy and in so the value of the London Stock Exchange, liquid, and most transparent on the doing have also made our Nation a more and three times the value of the Tokyo hopeful and prosperous place for all. Stock Exchange. planet. They represent what can happen when peo- Much of the growth in capital is coming Second, the current and continued ple decide to reject partisanship and embrace from overseas investors—and according to success of those markets depends on partnership to create positive change for some measures, in record amounts. The most the presence of effective, efficient legal America. It is once again that sense of part- recent Economic Report of the President rules that protect investors; as such, nership that has brought us together today. found that foreign investment in U.S. finan- we should resist the temptation to en- America in these early years of the 21st cial stock such as U.S. Treasury securities, gage in a regulatory race to the bottom century is by some measures doing well. But corporate stocks, and corporate and other I defy anyone to say that we cannot do bet- as a rationale to stay on top. Members private bonds totaled $5.7 trillion in 2005— ter. Wherever I go—from boardrooms to class the highest level in nearly thirty years. of the Senate resisted that temptation rooms to living rooms—Americans are deep- In addition, 34 foreign IPOs listed on U.S. yesterday when they voted, over- ly concerned about our nation’s future. And exchanges last year—the highest percentage whelmingly, to defeat an amendment I share that concern. of foreign IPOs in the U.S. in 20 years. that would have significantly weak- We are at a critical moment in our na- It is worth pointing out that all of this ened a critical investor protection pro- tion’s history. Our leadership in the world growth has been achieved despite the 2001 re- vision of the Sarbanes-Oxley Act. I has been achieved over a period of two and a cession, the 9/11 terrorist attacks, a string of want to thank the sponsors of this quarter centuries by the vision and sacrifice corporate scandals, and the ongoing lengthy, of generations of patriots and statesmen. bloody, and costly wars in Iraq and Afghani- amendment, Senator SCHUMER and U.S. leadership is today being questioned and stan. Senator CRAPO, for their vote opposing in some ways squandered as it has never So, despite the bearishness of some, the yesterday’s amendment. In doing so, been before. The stakes for all of us as Amer- United States remains the preeminent des- they affirmed their support for an effi- icans could not, in my view, be higher. tination for global capital. cient and effective regulatory struc- The topic of today’s gathering is the future We’re hearing a lot these days about Lon- ture and ongoing efforts at the Securi- of America’s capital markets. But in reality, don, and Hong Kong, and Shanghai. But the ties and Exchange Commission to we are all here out of a shared concern about fact is, the U.S. capital markets remain the the future of America itself. The issue before lower the cost of compliance for small largest, most liquid, most innovative, most us today presents an opportunity for us all— resilient, and most lucrative in the world. businesses. Democrats and Republicans, private entre- And on my watch, as Chairman of the Sen- Third the success of our markets also preneurs and public leaders—to come to- ate Banking Committee, I intend to keep depends on our Nation’s ability to edu- gether to have a serious discussion about them that way. Which leads me to the sec- cate, train, and recruit the kind of tal- ways to move our country forward. ond consideration that must guide us: our

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.034 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5043 capital markets are strong precisely because rules to protect individual investors are a First, that our markets are still the larg- of—not despite—the legal architecture with- crucial competitive advantage in the global est, most liquid, and most transparent on the in which those markets have been conceived marketplace. Our competitors know that. If planet. and grown. we jettison some of those legal protections, Second, that the current and continued That is probably not a particularly sur- we hand our competitors a victory greater success of those markets depends on the prising observation from someone who has than any they could achieve on their own. presence of effective, efficient legal rules helped to build that architecture. But law- And we would almost certainly see the slow that protect investors. makers are not the only ones who under- flow of capital out of our markets and into And third, that the success of our markets stand the value of our laws to our capital those of our competitors. also depends on our nation’s ability to edu- markets. The third and final thought I wish to make cate, train, and recruit the kind of talented Three years ago, Alan Greenspan was today is that America’s continued ability to and driven people who can compete and win asked to explain the phenomenal size and attract financial capital hinges on our abil- in the global economy. strength of the American economy. He had ity to cultivate and attract intellectual cap- Creating the change necessary to maintain this to say: ‘‘[A]rguably the most important ital. the preeminence of our capital markets will factor is the type of rule of law under which There is no question that the growth of not be easy. It will require leadership. But economic activity takes place.’’ capital markets in Asia, Europe, and else- we dare not shrink from the challenge. Glenn Hubbard, the former chairman of where merits our consideration—and in cer- At the outset of these remarks, I said that President Bush’s Council of Economic Advi- tain respects, our concern. Without a doubt, while today’s meeting is about the future of sors, echoed those thoughts in a 2004 report. the number and size of IPOs in places like our capital markets, in a broader sense, it is He said: ‘‘Effective capital markets require Moscow, London, and Hong Kong is on the about the future of our country. rise. I want you to know that I am not un- I had an experience not long ago that I . . . the enforcement of laws and property mindful of that. want to share with you. My five year old rights, transparency and accuracy in ac- But a closer examination of these foreign daughter, Grace, was getting ready for counting and financial reporting, and laws markets reveals an interesting fact: Amer- school one morning, when she looked up at and regulations that provide the proper in- ican firms are leaders there, just as they are me and said, ‘‘I wonder what my day is going centives for good corporate governance.’’ leaders here. Consider America’s leadership to be like.’’ It’s not every day that you get More recently, last month, a Goldman in the European capital markets. According that question from a five year old. Sachs study analyzed the condition of Amer- to the McKinsey report commissioned by A moment later, she looked up again and ica’s capital markets. It found that the Mayor Bloomberg and Senator Schumer, said these exact words: ‘‘I wonder what my strength and continued appeal of those mar- three of the top five firms in the European life is going to be like.’’ She had just turned kets could be explained in no small part by markets—be they engaged in IPOs, mergers 5. How do you answer that? It’s a question what the report called: ‘‘a history of solid and acquisitions, or debt issuance—are that I would guess many of you have heard regulation.’’ Americans. before. Because it’s a question that all par- That ‘‘history of solid regulation’’ means Visit virtually any emerging market in the ents often ask about their children or grand- that investors know that they are reason- world today, and you are almost certain to children. ably certain to get a fair shake in our mar- find American firms shaping, guiding, and None of us can know with certainty the an- kets. Win or lose, they invest with a high de- leading that market into the 21st century swer to that question. But we do know that gree of confidence that American balance global economy. American firms are pro- the lives all of our children lead will depend sheets are accurate, that investment prod- viding the lawyers, accountants, analysts, in no small measure on the work that you ucts like securities and derivatives are prop- investors, and entrepreneurs who are struc- and I will accomplish in the next few years. erly valued, and that the markets are well- turing deals, growing jobs, and creating new We gather today not as Republicans or policed against those who would commit wealth. Democrats, but as Americans who are com- negligent, deceptive, or fraudulent acts. In that regard, the growth of markets over- mitted to the future success of the greatest So the value of the laws and regulations seas is something to embrace rather than wealth generator of all time: American cap- within which our markets operate can hard- fear. Because that growth is creating new op- italism. ly be overstated. portunities for American firms to earn new We all have a stake in creating hope and Now, let me quickly add that is not to say business. prosperity for those who will come after us. that all regulation is good—any more than it However, our ability to tap and shape I will work with you to build on our legacy is accurate to say that any regulation is bad. those markets depends in large measure on of the American dream and expand security Our laws and regulations are not to be en- our ability to educate, recruit, and train the and opportunity for all Americans. trenched—and attempts to revise them must best talent in the world. Last week, I lis- Because these urgent times demand noth- not be resisted. tened to Bill Gates. He came to Washington ing less than all of us working together to On the contrary, we write our laws on to sound an alarm bell about how the short- create that change. paper. We don’t etch them in stone. We age of educated and skilled workers threat- That is what I have been doing my entire should never be unwilling to revisit and reex- ens our Nation’s overall economic competi- life in public service—reaching out and turn- amine past assumptions, and we will do just tiveness. It was a sobering assessment. ing rhetoric into results, ideals into initia- that under my Chairmanship. Yet, a decline in the number of educated tives, and principles into progress for our That is why I also support the efforts of and skilled American workers is by no means country. Many talk about change. This is Chairman Cox and Chairman Olson with re- inevitable. On the contrary, many of us in not a time for talk. It’s a time for action. the Senate—Republicans as well as Demo- gard to improving regulations implementing Our challenges are too serious and too ur- crats—share a strong commitment to im- the Sarbanes-Oxley Act. Sarbanes-Oxley was gent to merit anything less. proving the educational achievement of our never intended to handcuff companies that So let us join together once again to turn students. That is particularly true of math seek to innovate. It was meant to improve people’s dreams into realities. And let later and science, where we continue to lag behind generations say that, at the beginning of the accountability and transparency in our pub- many other industrialized nations. lic companies and restore confidence in the 21st Century, after an uncertain start, Amer- In a global economy, we must realize that ica’s leaders charted a new course that once integrity of the markets. The rulemaking an American child no longer competes for a currently underway will help ensure that the again matched America’s progress to her job against the child from the next town. promise. core intent of Sarbanes-Oxley is upheld and Nor does he or she compete against a child advanced. from another state or region ofthe country. Mrs. MURRAY. Mr. President, with That is also why I support the effort by the No. Now our kids are competing for jobs this bill, we are taking a major step NASD and the NYSE to consolidate into a against kids from China and England and forward to help America’s workers single SRO for all broker-dealers. This new India. And the best jobs will go to the kids compete and win in the global econ- self-regulatory organization holds the poten- who can think creatively, can understand omy. tial to not only improve the efficiency and key mathematical and science concepts, and I have been working on education, consistency of securities industry oversight, can solve problems—regardless of where they workforce and competitiveness issues but also to reduce costs to member firms. live. I have always been open to new ideas and So we must work to increase the pool of for many years, and I will never forget new approaches to achieve important policy home-grown entrepreneurs and highly a roundtable I held in Washington goals in new, more efficient, and more effec- skilled workers. At the same time, we must State a few years ago. Sitting around tive ways. That kind of approach is more remain open to those from other nations who the table, we had business owners, critical today than ever. The stakes are sim- have the talent and drive to succeed in higher education officials and public ply too high for us to be afraid to think inno- America. Our immigration laws necessarily school educators. vatively and to act decisively. should place a priority on homeland security The big question was this—who is re- I take a back seat to no one in my commit- needs. But that can be done without erecting sponsible for making sure our students ment to the preeminent power of America’s needless barriers to those who can help get the skills they need? Businesses markets. America create new wealth and new jobs. But we must resist the temptation to en- In sum, then, when we discuss the competi- didn’t want to hire somebody and then gage our international competitors in a reg- tiveness of America’s capital markets, I hope have to train them in the basics. High- ulatory race to the bottom. Our laws and that we will keep these thoughts in mind: er education leaders wanted to be able

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.036 S25APPT1 hmoore on PRODPC68 with HMSENATE S5044 CONGRESSIONAL RECORD — SENATE April 25, 2007 to focus on college-level material, not The statistics are troubling. Accord- BINGAMAN, in a meeting with Norm Au- remediation. And high school leaders ing to a report called ‘‘Tough Choices gustine, the lead author of the report were working as hard as they could or Tough Times’’ from the National and the former CEO of Lockheed Mar- just to deal with the demands on their Center on Education and the Economy, tin. It became clear to me then that plate. the number of engineering degrees in Congress had to make the report’s rec- So whose responsibility is it to make the United States is down 20 percent ommendations a top priority in order sure our students get the skills they from its peak year in 1985. This is just to maintain our Nation’s competitive need? one indicator of the trouble ahead if we edge. I am proud to come to the floor It is all of our responsibility, and don’t turn this ship around. today to say that we are on our way to- that is what this bill finally recognizes. I have heard time and again from ex- ward meeting their challenge. It ensures that our Federal agencies— perts, including the ‘‘Rising Above the In the big picture of where the from Commerce to Education to En- Gathering Storm’’ report, that our eco- United States stands, it is clear that ergy to the National Science Founda- nomic future depends on our ability to the economic framework of our Nation tion—take aggressive steps to keep innovate, think creatively, and create needs to be renewed. I happen to be- American workers ahead of the curve. technological breakthroughs. lieve that our Nation’s health care sys- I am very proud that our country is Our students and workers need tem places our businesses at a dis- home to some of the most innovative strong skills in math, science, engi- advantage globally, and that we must workers, schools, and companies in the neering, technology, and problem solv- build regimes globally to enforce intel- world. But I have been frustrated that ing to make these kinds of techno- lectual property rights, which will be for too long our government has not logical and scientific breakthroughs the currency from which our economies used all the tools available to strength- that help ensure our Nation’s place in will grow. Most importantly, the time en the hand of American workers in the world. This bill moves us in the is now right for a national commit- the world marketplace. This bill fi- right direction by putting in place sev- ment toward becoming more energy nally gets us on the right track, and eral key pieces of the puzzle. independent. I call it a Second Declara- that’s going to pay dividends for gen- Let me turn to the substance of the tion of Independence—this time from erations. bill. The America COMPETES Act foreign sources of energy. I worked to strengthen this bill helps increase our country’s invest- However, reaching these goals will be through my amendment to improve ment in research, including the type of impossible without a workforce full of math education in high school. Just higher risk research that can lead to educated and motivated young Ameri- yesterday, we had a hearing in the Sen- major breakthroughs. It also helps stu- cans. This means we must place more ate HELP Committee, where education dents get the skills and experiences emphasis on careers based in the fields experts from across the country told us they need from elementary school of science, engineering and mathe- that math instructional support does through graduate school in science, matics. not extend as far as it needs to in high technology, engineering, and mathe- Right now, we are not getting the job school. That’s why I offered an amend- matics. I applaud the bill for also mak- done. Globally, the United States ment to help address this shortcoming. ing great steps towards attracting ranks 17th in the proportion of the col- The Murray Math Skills Program of- women and minorities into these stud- lege-age population earning science fers competitive grants to help high ies and careers; groups that have been and engineering degrees, falling from schools hire math coaches to provide historically underrepresented in math third place several decades ago. Coun- targeted support for students and math and science. Finally, the bill helps tries including England, South Korea, teachers. It will ensure high school stu- bring an array of representatives to the Germany, Australia, Singapore, Japan dents have the rigorous math mate- table to develop a foundation for inno- and Canada all produce a higher per- rials, instruction, and support they vation and creativity, which is so im- centage of science and engineering need to pursue college and careers in portant to our country’s competitive- graduates than the United States. engineering, science, math and tech- ness. The America COMPETES Act will nology. I am excited that my amend- When the HELP Committee first help us reverse these trends. The COM- ment was included in this bill to make began to consider these issues in the PETES Act would strengthen mathe- sure high school students get the math 110th Congress, we heard from Bill matics, science and engineering edu- support they need. Gates, chairman of Microsoft in my cation and expand opportunities for I am pleased that this bill doubles home State, at a hearing titled students; it also would improve our funding for the National Science Foun- ‘‘Strengthening American Competi- science infrastructure and increase our dation and the Energy Department’s tiveness for the 21st Century.’’ We all investment in critical research. Office of Science over the next 10 heard his urgent call for our country to Since the release of the NAS report, years. It also encourages high-risk re- invest in education, healthcare, and I have traveled throughout Ohio to dis- search and supports research at NASA. basic science research. As Bill Gates cuss the recommendations with sci- As I work on issues like this, I bring put it: entists from our State’s top research the perspective of not just a Senator, The U.S. cannot maintain its economic institutions, elementary and secondary but a former educator and someone leadership unless our work force consists of school teachers who are preparing to- who represents one of the most innova- people who have the knowledge and skills morrow’s workforce, business leaders tive regions of our country—the Pacific needed to drive innovation. and others. At Youngstown State Uni- Northwest. I have seen firsthand the This bill recognizes that truth and versity, I visited with local math and connection between what we do in our moves our country in the right direc- science teachers in grades 5–10 who had schools and what our businesses and tion. It is not the final word. We still partnered with the University and the economy are able to do. I am proud to have a lot of work to do in areas like Department of Education to improve represent a state that is home to some workforce investment—but it is a crit- their skills and gain the tools nec- of the most innovative workers and ical step forward, and I urge my col- essary to pique students’ interests in companies in the world in diverse fields leagues to join me in voting for the the math and science fields. I also trav- like computers, software, bio- America COMPETES Act. eled to The Ohio State University in technology, aerospace, and many more. Mr. VOINOVICH. Mr. President, I Columbus and spent time at the Future So as I work on these issues, I know rise today to join a number of my col- Engineers Summer Camp with Ohio how important a skilled workforce is leagues in support of the America eighth graders, and was briefed on the to our quality of life. COMPETES Act, of which I am an collaboration among the University of I also know that so much is at stake. original cosponsor. Akron, Akron City Schools and the Na- Businesses spend about $60 billion just Prior to the completion of the Na- tional Inventors Hall of Fame for a to remediate new employees, and that tional Academy of Sciences’ ‘‘Rising middle school focused on math and doesn’t include what colleges have to Above the Gathering Storm’’ report science. These are the types of pro- spend to help incoming students catch more than a year ago, I joined my col- grams that will strengthen our na- up. leagues, Senators ALEXANDER and tion’s competitiveness and these are

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.092 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5045 exactly the types of programs that the VOINOVICH as cosponsors to amendment Ten years ago, American manufac- COMPETES Act aims to expand. No. 942. turers were not facing the competitive Again, I am encouraged that so many The ACTING PRESIDENT pro tem- threats they now face from low-cost of my colleagues in Congress have rec- pore. Without objection, it is so or- producing countries such as China and ognized the need to focus on these dered. India. The increase in competition goals by sponsoring the bipartisan The amendment is as follows: from these countries has required our COMPETES Act. While this bill isn’t (Purpose: To increase the amounts author- manufacturers to find better, cheaper, perfect, it is certainly a step in the ized to be appropriated for the Manufac- and other ways to produce their prod- right direction and a great example of turing Extension Partnership Program) ucts, which is where MEP directly what my colleagues and I can do by On page 34, line 17, strike ‘‘$120,000,000’’ and comes in. MEP can help these compa- insert ‘‘$122,005,000’’. working together. Too often around On page 34, line 20, strike ‘‘$125,000,000’’ and nies reduce their costs and enter new here we get caught up in driving our insert ‘‘$131,766,000’’. markets, thus allowing them to be own train and are too busy to realize On page 34, line 23, strike ‘‘$130,000,000’’ and competitive in the global marketplace. that we don’t have any passengers. I insert ‘‘$142,300,000’’. With the increased threats American am happy to be a passenger on this par- Mr. KOHL. Mr. President, I rise manufacturers now face, there is more ticular ‘‘train’’ and am confident our today to offer this amendment to the need than ever to increase the funding action in the Senate this week on the America COMPETES Act which would for the MEP program. So I urge my COMPETES Act is a step in the right authorize appropriations for the Manu- colleagues to support this program. direction for our country and our posi- facturing Extension Partnership, At this time I will avoid asking for tion in today’s global economy. known as MEP, through 2011. I am a the yeas and nays. Mr. LEVIN. Mr. President, yesterday long-time supporter of the MEP pro- I yield the floor, and I suggest the ab- I voted to table Senator COBURN’s gram and believe a healthy manufac- sence of a quorum. sense-of-the-Senate amendment that turing sector is key to better jobs, ris- The ACTING PRESIDENT pro tem- would have called for a requirement ing productivity, and higher standards pore. The clerk will call the roll. that all newly authorized programs be of living in the United States. The legislative clerk proceeded to offset by deauthorizing something else. Manufacturers today are seeking call the roll. I support eliminating programs which ways to level the playing field so they Mr. KOHL. Mr. President, I ask unan- are wasteful or unneeded whether or can compete globally. One way to level imous consent the order for the not we are authorizing a new program. the playing field and increase competi- quorum call be rescinded. The Coburn amendment was offered tiveness of manufacturers is through The ACTING PRESIDENT pro tem- to an authorization bill which spends the MEP program. MEP streamlines pore. Without objection, it is so or- no money. It targets the authorizing operations, integrates new tech- dered. process, not the appropriations process nologies, shortens production times, Mr. KOHL. Mr. President, I ask unan- by which Congress allocates funds and and lowers costs, which leads to im- imous consent that notwithstanding determines priorities among author- proved efficiency, by offering resources adoption of Obama amendment No. 923, ized programs. The Coburn amendment to manufacturers, including organized as modified, the previously agreed to also fails to address tax cuts which dig workshops and consulting projects. DeMint amendment No. 929 still be in us into a deeper and deeper deficit In Wisconsin, three of our largest order. ditch. corporations—John Deere, Harley-Da- The ACTING PRESIDENT pro tem- I support fiscal responsibility and vidson, and Oshkosh Truck—are work- pore. Without objection, it is so or- have supported a number of strong ing with MEP centers to develop do- dered. budget tools this year like the provi- mestic supply chains. I am proud to Mr. KOHL. Mr. President, I suggest sion which reestablishes a strong pay- say these companies found it more the absence of a quorum. go rule, which would require any new profitable to work with small- and me- The ACTING PRESIDENT pro tem- spending or tax cuts be paid for else- dium-sized Wisconsin firms than to pore. The clerk will call the roll. where in the budget or receive a super- look overseas for cheap labor. The legislative clerk proceeded to majority of at least 60 votes in the Sen- The amendment I am offering would call the roll. ate. The amendment offered by Senator increase the amount of funding avail- Mr. BROWN. Mr. President, I ask COBURN takes the wrong approach. able to the MEP program by $19 mil- unanimous consent the order for the I yield the floor. lion over 4 years, allowing MEP centers quorum call be rescinded. The ACTING PRESIDENT pro tem- to reach more manufacturers and to in- The ACTING PRESIDENT pro tem- pore. The Senator from Wisconsin is crease the services they provide. I be- pore. Without objection, it is so or- recognized. lieve we would be hard-pressed to find dered. AMENDMENT NO. 942 another program that has produced the Mr. BROWN. Mr. President, I rise in Mr. KOHL. Mr. President, I ask unan- results that MEP has on their limited support of the Kohl amendment. I, first imous consent the pending amendment budget. In fiscal year 2005, MEP clients of all, appreciate the terrific work he be set aside so I can call up my amend- reported over 53,000 new or retrained has done in the Manufacturing Exten- ment, which is No. 942, for consider- workers, sales of $6.3 billion, and $1.3 sion Partnership. ation. billion in cost savings. This is the type I come from a State with many of the The ACTING PRESIDENT pro tem- of program in which we should be in- same problems the Senator from Wis- pore. Without objection, it is so or- vesting more, not less. consin faces, including a decline in our dered. Unfortunately, the administration industrial base. In too many cases, The clerk will report the amendment. doesn’t support this award-winning many of the 3 million manufacturing The legislative clerk read as follows: program. I believe MEP is one of the jobs our country has lost are in my most valuable assets the Government State, and it especially hurts those The Senator from Wisconsin [Mr. KOHL], for himself, Ms. SNOWE, Mr. REED, Ms. gives manufacturers. The program has small manufacturing companies, those STABENOW, Mr. BROWN, Mr. LEVIN, Mr. DUR- a proven record of saving manufac- small tool and dye makers, those small BIN, Mrs. CLINTON, Mr. KERRY, and Mr. turing jobs now, and it will strengthen machine shops in Steubenville and LEAHY, proposes an amendment numbered the U.S. manufacturing base for the fu- Akron and Toledo. The work he has 942. ture. I have written to Secretary done on the Manufacturing Extension Mr. KOHL. Mr. President, I ask unan- Gutierrez, and I have spoken to him Partnership has already helped turn imous consent the reading of the about the need to save MEP. The MEP around some of those businesses in my amendment be dispensed with. program has received wide bipartisan State, in Ohio, in the Miami Valley, The ACTING PRESIDENT pro tem- support in the Senate. This year, 48 and the Mahoney Valley and every- pore. Without objection, it is so or- Senators signed a letter asking for in- thing in between. dered. creased funding for MEP, and the The MEP allows small companies— Mr. KOHL. I ask unanimous consent amendment I am offering has 12 co- the big companies don’t need the help to add Senators BAYH, MENENDEZ, and sponsors from both sides of the aisle. so much—similar to the Agriculture

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.032 S25APPT1 hmoore on PRODPC68 with HMSENATE S5046 CONGRESSIONAL RECORD — SENATE April 25, 2007 Extension Service, which is so impor- Mr. REID. Mr. President, I ask unan- What happens now is that we pass tant throughout the world and Amer- imous consent that the order for the things and don’t ever look at them ica—the Manufacturing Extension quorum call be rescinded. again. I believe the Senator from Ten- Partnership has really mattered in The ACTING PRESIDENT pro tem- nessee, as well as the Senator from helping these small companies, wheth- pore. Without objection, it is so or- New Mexico, would agree that we fail er it is cutting energy costs, whether it dered. to do proper oversight in this body. is learning how to export, working (The remarks of Mr. REID are printed That is one of the very lacking compo- with the U.S. Export Assistance Cen- in today’s RECORD under ‘‘Morning nents of the job. It is hard work, often- ter, whether it is dealing with some Business.’’ times not fun, but it is very important kind of trade policy, perhaps, or tax Mr. REID. I yield the floor and sug- to the future of this country. policy, helping those small companies gest the absence of a quorum. Some people will say that we should learn how to compete in this increas- The ACTING PRESIDENT pro tem- not sunset this, that the implication is ingly difficult and competitive global pore. The clerk will call the roll. that we know now what we are going to environment. The MEP has had strong The legislative clerk proceeded to need to know 4 years from now. But, in support from both parties, so I strongly call the roll. fact, we sunset a lot of things, from the urge my colleagues in both parties to Mr. COBURN. Mr. President, I ask PATRIOT Act, to the tax bills, to the support this amendment. unanimous consent that the order for Ryan White health care bill, to Defense There is simply no reason the admin- the quorum call be rescinded. bills, to veterans bills. I put forward istration every year comes and tries to The ACTING PRESIDENT pro tem- that we need more sunsets because of cut this, and every year we fight back pore. The Senator from Oklahoma is the discipline it will force on us as rep- and restore the funding. I will be dis- recognized. resentatives of the American people to cussing later, either in this bill or Mr. COBURN. Mr. President, in con- do what is in their best interest, with sometime later, legislation I have in- sultation with the managers of the bill, the knowledge we have on hand at that troduced to allow a revolving fund they have granted me some time to time. through the Manufacturing Extension bring up three additional amendments I don’t know whether this amend- Program done locally. In Ohio I believe that I believe are important as we look ment will pass, but it is a great judg- there are 11 or 12 regions of the State at the bill. ment for the American people to look under MEP that can help, that really AMENDMENT NO. 918 at us and say are we serious about can help, help form MEP programs in Mr. COBURN. First, I ask unanimous doing the business or are we so arro- working with these small businesses, consent that the pending amendment gant or elitist that we think we know these small manufacturers. In Cleve- be set aside and that my amendment now absolutely what we need to know 4 land there is a program called Magna, No. 918 be called up. years from now. and in Kyoga County specifically they The ACTING PRESIDENT pro tem- I had a good debate with Senator have had this revolving loan program— pore. The clerk will report. DURBIN on the previous bill the body sort of a pilot program—that has The legislative clerk read as follows: considered. One of his suggestions was helped with innovation and with the The Senator from Oklahoma [Mr. COBURN] that I should have offered a sunset to manufacturing, marketing, and with proposes an amendment numbered 918. that legislation. I think that is a great the development of new products. I The amendment is as follows: suggestion. I think it is equally apro- pos that we do it on this legislation. It think the Kohl amendment will go a (Purpose: To provide a sunset date) long way in helping MEP help small gives us the benefit of our experience At the end, add the following: over the next 3 years, it allows us to businesses and help us compete glob- DIVISION E—GENERAL PROVISIONS ally. So I ask my colleagues for sup- have the hearings in the committee SEC. 5001. SUNSET. and the committee work we need to port of the Kohl amendment. The provisions of this Act, and the amend- I yield the floor and suggest the ab- do—as a parenthesis, this bill didn’t go ments made by this Act, shall cease to have through any committees, didn’t have sence of a quorum. force or effect on and after October 1, 2011. the pleasure of the Commerce or HELP The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- pore. The clerk will call the roll. Committee—and allows us to look at pore. Under the order, the Senator is and see what we have been doing and The legislative clerk proceeded to recognized for up to 20 minutes. call the roll. whether it is effective, whether or not Mr. COBURN. Mr. President, this is a the American people actually get good Mr. BINGAMAN. Mr. President, I ask sunset amendment. It is very plain, unanimous consent that the order for value for the money over what we in- very straightforward. It says, can we tend them to do. That is our real obli- the quorum call be rescinded. be assured that we have, with absolute The ACTING PRESIDENT pro tem- gation. It is not to create an America certainty, all the wisdom, facts, and pore. Without objection, it is so or- COMPETES Act, it is not to pass a knowledge we will need 4 years from dered. piece of legislation, but, in fact, it is to now as to the viability of the programs AMENDMENT NO. 955, AS MODIFIED make sure that whatever we do, the expressed in this bill? American taxpayer dollar gets a great Mr. BINGAMAN. Mr. President, I am It is one thing the American people accomplishment for that. informed by the chairman and ranking would like to see us do—relook at, on a member of the Finance Committee, I reserve the remainder of my time regular basis, what we authorize to and will listen to the opposing points whose jurisdiction this would be under, make sure what we are doing still has that the amendment Senator INHOFE of view on this amendment. application. As a matter of fact, the The ACTING PRESIDENT pro tem- has offered, amendment No. 955, as biggest problem I have noticed in our modified, which is now at the desk, is pore. The Senator from New Mexico. Government is that we don’t do over- Mr. BINGAMAN. Mr. President, I will acceptable to both sides at this point. sight, we don’t review and reassess, ex- Mr. President, I ask unanimous con- speak briefly on the amendment. I cept in very rare instances. sent that it be brought up, agreed to, know the Senator has two other This amendment is very simple. It and that the motion to reconsider be amendments he wants to also discuss, just says that in 4 years, we are going laid upon the table. and there may be others who want to The ACTING PRESIDENT pro tem- to look at it again. We are going to come back and say something about pore. Is there objection? sunset the bill, and probably a year be- this amendment. Without objection, it is so ordered. fore that Senator ALEXANDER and his I urge my colleagues not to support The amendment (No. 955) was agreed companions will come back, relook at this amendment. Under the rules of to. it, tweak this, make the changes they procedure that we follow in the Senate, Mr. BINGAMAN. Mr. President, I need to make, and then have the Amer- an appropriation can be objected to if suggest the absence of a quorum. ica COMPETES Act again 4 years from the underlying activity that the money The ACTING PRESIDENT pro tem- now. The key component of what it is being appropriated for has not been pore. The clerk will call the roll. does is it forces us to look at it because authorized. So we try to pass author- The legislative clerk proceeded to it is going to expire, it is going to run izing bills. That is what this legislation call the roll. out of gas. is. This is authorizing legislation.

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.051 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5047 If everything were perfect around I yield the floor, and yield to my col- the facts after 3 years, see what it has this place, then we would always get league from New Mexico, Senator accomplished, and forces us to make our authorizing bills reauthorized in DOMENICI. the changes. time so that there would never be a Mr. DOMENICI. Mr. President, I The Senator knows quite well that lapse. Unfortunately, that is not the don’t want much time. How much time on most of the programs we haven’t case. There are a lot of authorizing does the Senator have? done that. That is one of the reasons bills that we have allowed to lapse. The ACTING PRESIDENT pro tem- we had a $350 billion deficit. That is That does not mean that we quit fund- pore. The Senator has 151⁄2 minutes for one of the reasons we had $200 billion ing those activities. We, in fact, con- all three amendments. that we spent on wasteful, duplicated, tinue funding those activities through Mr. DOMENICI. Mr. President, I hope or fraudulent programs last year out of the appropriations process until Con- I don’t use over 3 minutes. Maybe the the $1 trillion we spent in the discre- gress organizes itself and passes a new Chair can notify me at 3 minutes. tionary budget. reauthorization. But the old reauthor- I rise to indicate that I don’t think What I am trying to do is force us to ization remains in place until there is we should adopt this amendment. do the hard work of relooking. I agree, something new to replace it or until Frankly, some of the provisions in this does that make it hard? Yes. Nobody there is some conscious decision. act are only authorized through 2011. said it was going to be easy. But I These are not new activities, by and Now we come along and authorize them would want any Senator in this body large, we are talking about in this leg- for that long, meaning we are going to who says they know the outcome of islation. A lot of this is activities that probably work at redoing them, but we this bill to put something behind that we have done for a long time, and we have hanging over our heads a sunset and say we don’t need to relook at it. are trying to, once again, authorize that came into existence just a couple That is the question. This is a discipli- them. We are trying to increase the of years after we put the bill into play. nary force that says we have to come amounts available for these different Here is the problem: If you want to back and look at it. activities, whether it is science edu- go to a sunset approach to minimizing Let me remind my colleagues again. cation, scientific research—whatever our Government, then why in the world There are great ideas in this legisla- the issue is. would you start with one of the best tion. I don’t doubt that for a minute. If the amendment of the Senator is pieces of legislation we have adopted? This didn’t go through the committee adopted, my understanding is that ef- This is good law. This is going to be fective on October 1, 2011, there is no process. This wasn’t made available for doing great things. If you want to have amendments. On an $80 billion author- authorization at that point from then a sunset provision, pick a bunch of on for any of this bill. Therefore, any ization—which is what it is going to be these things you know aren’t any good if we guess at the sums that are au- Congress that tries to appropriate the and sunset them, not sunset a bill that funds, a point of order could be raised thorized for this bill—to not have it go has some force and effect that carries through either committees of jurisdic- that this is trying to appropriate on much broader and has the chance of money for an activity for which there tion and come to the floor, and we are doing some real good. going to spend this kind of money and has not been an authorization. I think This one in the end will be extremely that would be unwise. That is my basic we are going to think rather than know mischievous at the most, and some it is going to work, and to say we view. people will claim that it did great I certainly favor the Congress per- should not look at it I find really iron- things. The truth is, this bill needs forming its appropriate job of coming ic, and I feel pretty sure most of the more than the time allowed by this back by the time these authorizations American people would think we can’t amendment because it is new ground, are completed, the various dollar fig- know for sure. new approaches to putting more brain ures we have in this bill, and looking It is a commonsense amendment and at this again and doing a rewrite of the power into the brains of America’s stu- will cause us to do what is necessary. dents as they go through school. You authorization. That is what we are try- AMENDMENT NO. 922 can’t do that in a short period of time. ing to do with No Child Left Behind Mr. President, I ask unanimous con- This is the wrong bill, the wrong right now. I can tell you that before No sent to set the pending amendment time to sunset, and it won’t do any Child Left Behind was ever enacted, aside. good. Therefore, it should not be adopt- there was a year or 2 years where the The ACTING PRESIDENT pro tem- ed. I thank the Senator for yielding me Elementary and Secondary Education pore. Without objection, it is so or- Act essentially had expired by its lan- 3 minutes. The ACTING PRESIDENT pro tem- dered. guage. There was no sunset such as the Mr. COBURN. I call up amendment Senator is recommending here, but the pore. The Senator from Oklahoma. Mr. COBURN. Mr. President, the No. 922. 5-year authorization had expired. Yet The ACTING PRESIDENT pro tem- claim of Senator BINGAMAN that a we could go ahead because the under- pore. The clerk will report the amend- lying language still had force and ef- point of order will lie against this is wrong. Paragraph 7, rule XVI only re- ment. fect. The legislative clerk read as follows: I also have great questions as to the quires the Appropriations Committee to list the unauthorized programs. He The Senator from Oklahoma [Mr. COBURN] legal effect of this amendment. Here proposes an amendment numbered 922. we say the provisions of the act and made my point: 20 percent of our ap- Mr. COBURN. Mr. President, I ask the amendments made by the act shall propriations are unauthorized from ex- unanimous consent that the reading of cease to have force and effect on or pired or sunsetted programs. It won’t after October 1, 2011. stop anything if it is a good program. the amendment be dispensed with. Some of the provisions of the act are I contend with Senator DOMENICI The ACTING PRESIDENT pro tem- repeals of other acts or repeals of other that he thinks this is a great bill, but pore. Without objection, it is so or- provisions. Are we saying that in one the only way we are going to know is dered. bill we would be saying we are repeal- the results of the bill. So based on The amendment is as follows: ing this provision, but we are also say- what we think, not on what we know, (Purpose: To promote transparency at the ing as of October 1, 2011, the repeal no is the reason this bill should be National Oceanic and Atmospheric Admin- longer has any force and effect and the sunsetted so that it forces us to go istration) provision comes back into effect? back and look at what we might think At the end of title V of division A, add the I think there are all sorts of confu- we know today but didn’t know and following: sion that would be sown by trying to change it. SEC. 1503. NOAA ACCOUNTABILITY AND TRANS- adopt this amendment. I oppose it my- It is about putting discipline into our PARENCY. (a) REVIEW OF ACTIVITIES CARRIED OUT self. As I say, I think there are others body. It is about forcing us to do the WITH NOAA FUNDS.— who wish to speak on it before we get work the people told us they wanted (1) REQUIREMENT FOR REVIEW.—The Inspec- to a vote. I know the Senator has two done when we came here. It requires us tor General of the Department of Commerce other amendments he wishes to ad- to not be fortune tellers, to not be se- shall conduct routine, independent reviews dress. ance dwellers, but to, in fact, look at of the activities carried out with grants or

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.056 S25APPT1 hmoore on PRODPC68 with HMSENATE S5048 CONGRESSIONAL RECORD — SENATE April 25, 2007 other financial assistance made available by the industry, exempted from federal conflict functions to be performed by the advisory the Administrator of the National Oceanic of interest laws, and subject to little federal commission,’’ but the fisheries management and Atmospheric Administration. Such re- oversight, says a new report released councils are not subject to the Federal Advi- views shall include cost-benefit analysis of Wednesday by three Stanford University re- sory Committee Act. such activities and reviews to determine if searchers. Sixty percent of appointed council Finally, the split in responsibilities be- the goals of such activities are being accom- members have a direct financial interest in tween the councils and the National Marine plished. the fisheries that they manage and regulate, Fisheries Service removes effective account- (2) AVAILABILITY TO THE PUBLIC.—The Ad- say the authors of the report, ‘‘Taking Stock ability for the status of the Nation’s fish- ministrator shall make each review con- of the Regional Fishery Management Coun- eries, the report’s authors conclude. An ex- ducted pursuant to paragraph (1) available to cils.’’ ample from the Western Pacific Fishery the public through the website of the Admin- Stanford’s Josh Eagle, Barton Thompson Management Council based in Honolulu, re- istration not later than 60 days after the Jr., and Sarah Newkirk conducted a review ported by the ‘‘Cascadia Times,’’ shows how date such review is completed. of the mandates, constitution, rules, and the process works in practice. In June the (b) PROHIBITION ON USE OF NOAA FUNDS procedures of the United States’ Regional Secretary of Commerce appointed longline FOR MEETINGS.—No funds made available by Fishery Management Councils, and surveyed fisherman Sean Martin to a seat on the the Administrator through a grant or con- members of four of the eight councils. Their Western Pacific Fishery Management Coun- tract may be used by the person who re- study, sponsored by The Pew Charitable cil. Martin is also co-owner, with Jim Cook, ceived such grant or contract, including any Trusts, concludes that the councils have pre- of Pacific Ocean Producers, a fishing equip- subcontractor to such person, for a banquet sided over the economic and biological de- ment supply company. or conference, other than a conference re- cline of many fisheries, and that the councils Longlining kills endangered sea turtles lated to training or a routine meeting with are not likely to implement the kind of man- when they become entangled in the 60 mile officers or employees of the Administration agement necessary to prevent future de- long fishing lines baited for swordfish and to discuss an ongoing project or training. clines. ‘‘The oceans are among the nation’s other commercial fish species. On September 23, the Western Pacific Fish- (c) PROHIBITION ON CONFLICTS OF INTER- greatest natural resources, yet few Ameri- ery Management Council decided whether or EST.—Each person who receives funds from cans know who manages the nation’s fish- not to reopen swordfishing in Hawaiian wa- the Administrator through a grant or con- eries or how decisions affecting the sustain- ters through which endangered leatherback tract shall submit to the Administrator a ability of fisheries are made,’’ said co-author turtles migrate. Biologists told the council certification stating that none of such funds Josh Eagle, director of the Stanford Fish- the rule would harm 144 sea turtles per year, will be made available through a subcontract eries Policy Project and lecturer in law at but on a motion by Martin, the council voted or in any other manner to another person Stanford Law School. 8–5 to reopen the fishery. The September 23 who has a financial interest or other conflict The eight fishery councils were established vote may also lead to violations of the En- of interest with the person who received such in 1976 by the passage of the Fishery Con- dangered Species Act. ‘‘It would authorize a funds from the Administrator. servation and Management Act, now known as the Magnuson-Stevens Act, to take pri- far higher number of sea turtle takes than The ACTING PRESIDENT pro tem- mary responsibility for the management of the scientific record supports,’’ says William pore. The Senator from Oklahoma is dozens of fisheries along U.S. coasts in At- Hogarth, assistant administrator of the Na- recognized. lantic, Caribbean, Gulf of Mexico and Pacific tional Marine Fisheries Service, now known Mr. COBURN. Mr. President, we waters. as NOAA Fisheries. passed the Fisheries Act, the Magnu- The recent collapses of once abundant spe- Some fisheries management councils do cies, such as cod in New England and rock- take action to protect fish species. On No- son-Stevens Act, which was reauthor- vember 21, following action taken by the fed- ized this year in which Senator STE- fish off the Pacific coast, have caused hard- ship for fishing communities across the eral Pacific Fishery Management Council VENS undertook, correctly, the respon- country. In addition salmon, tuna, red snap- and conforming action taken by the state of sibility of eliminating conflicts of in- per, lobster, and blue crab, among many California, recreational and most commer- terest and created oversight on the other species, are overfished, and many sci- cial fisheries for nearshore rockfishes, shelf fisheries boards. entists, including the report’s authors, say rockfishes, California scorpionfish (sculpin), We have recently had notification an essential step in helping these species re- and lingcod will close in all Pacific waters. and seen some pretty significant abuse cover is to put an end to overfishing. Eagle ‘‘In past years, anglers had more opportuni- said, ‘‘With more than a third of the nation’s ties to fish for rockfish in deeper waters. within NOAA of some of their grant This year, fishing for rockfish was limited to studied fish stocks overfished and the status processes. All this amendment says is, waters shallower than l20 feet which put of many more uncertain, it is clear that we we are going to add some account- greater pressure on nearshore species,’’ ex- must apply standards of good government to plained Fred Wendell, California Department ability and transparency to the Na- the management of America’s fisheries and of Fish and Game nearshore fishery man- tional Oceanic and Atmospheric Ad- place the public’s interest first.’’ ministration grants program. The councils opened a three day conference ager. And some fish populations are doing I refer my colleagues to a Baltimore today in Washington, DC to educate the pub- well. The Mid-Atlantic Fishery Management Sun article which has been prominent lic, policy makers, and media on the marine Council released survey data in June show- ing summer flounder numbers had reached fishery management process. They are pre- in that newspaper over the last couple the highest levels ever recorded since the senting successful management examples by of weeks where over $10 million in a survey began in 1968. grant has failed to demonstrate re- region, and current management and re- ‘‘The robust recovery of the summer floun- search initiatives. The councils say they der stock is a direct reflection of the positive sults. It is riddled with conflicts of in- wish to ‘‘help bridge the gap between percep- terest, and it has had little to no over- impacts that the management measures tion and reality regarding fisheries manage- have had on the resource,’’ said Dr. Chris- sight from NOAA. ment’’ and to provide a forum for informa- Before we expand NOAA, one of the topher Moore, council deputy director. ‘‘The tion exchange and to solicit a wide range of Council and Commission should be ex- things we ought to do is make sure perspectives on future management and ma- tremely proud of the management decisions there are no conflicts of interest, finan- rine research directions. But Eagle, Thomp- they have made over the years to rebuild cial or otherwise, in the grant process. son, and Newkirk say in their report that the summer flounder.’’ Still, many members of I ask unanimous consent to have councils are unlikely to solve the current the four fisheries management councils problems facing the Nation’s fisheries for at printed in the RECORD both articles polled by the authors of ‘‘Taking Stock’’ least three reasons. agreed that there are problems with the cur- outlining this situation, as well as a First, council members face a conflict of Stanford study on other areas of NOAA rent system and that these problems should interest because they must limit the number be addressed. where there is a lack of informed con- of fish that can be caught to ensure their Eagle, Thompson, and Newkirk report that sent and a lack of conflict of interest conservation while also allocating the allow- more than half of the council members rules for NOAA. able catch among members of the industry, polled said environmental interests are There being no objection, the mate- who may apply pressure to increase the size underrepresented on the councils. Roughly a rial was ordered to be printed in the of their quotas. Second, because 80 to 90 per- third of the respondents said they had felt it cent of appointed council members are from RECORD, as follows: unfair in one or more past instances for a fel- the fishing industry, diverse viewpoints are [From the Environment News Service, Nov. low council member to participate in a deci- not fairly representated in council discus- sion in which he or she had a financial inter- 13, 2003] sions and decisionmaking, the report states. est. A similar percentage expressed concern FISH PERISH AS CONFLICT OF INTEREST Each council has only one environmental about decisions in which the relatives or SNARES MANAGEMENT COUNCILS representative, one state official and one fed- friends of voting council members had a fi- WASHINGTON, DC.—The regional fishery eral official in addition to the fishing indus- nancial interest in the outcome. management councils that govern the multi- try members. Congress requires federal advi- Eagle, Thompson, and Newkirk call for billion dollar U.S. commercial and rec- sory commissions to be ‘‘fairly balanced in changes in federal policy on fisheries man- reational fishing industry are dominated by terms of points of view represented and the agement councils that would institute the

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.013 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5049 same standards of ‘‘good government’’ that hotel rooms for 50 of the guests. Private out of a job. Oystering was part of Mary- apply to other federal and state agencies funds were used only for the alcohol. land’s identity, the old-fashioned simplicity charged with managing U.S. natural re- While solid figures are not available, the of the work immortalized in sepia-toned pho- sources. First, they say Congress should sep- Department of Natural Resources estimates tographs of watermen plying their wooden arate the institutional decisionmaking re- that there are fewer oysters in the Chesa- tongs from sail-powered skipjacks. The col- sponsibilities for conservation and quota al- peake today than when the Oyster Recovery lapse of the species was of tremendous con- location. To broaden council representation, Partnership began its work in 1994. Its ef- cern to scientists. Oysters are the backbone Congress could require governors to submit a forts have failed to overcome the dev- of many aquatic communities, providing more diverse list of candidates, or require astating impact of two oyster parasites, reefs that are crucial habitat for crabs and that nominations be made by an independent MSX and Dermo, that have all but wiped out small fish. They are also critical to the body such as the National Academy of the oyster population. Partnership officials health of the Chesapeake because, as they Sciences, they recommend. And finally, only nonetheless consider their work a huge suc- suck in water to filter out food, they lit- federal management exempts federal deci- cess. ‘‘We’re certainly doing infinitely better erally filter away pollution. sionmakers, the council members, from con- than what has been done in the past,’’ said Among those most concerned was Brown, flicts of interest. Remedies suggested by the Torrey C. Brown, a former state natural re- then Maryland’s secretary of natural re- authors include lowering the recusal thresh- sources secretary who now serves as the sources. He gathered everyone he could old and prohibiting those holding financial partnership’s unpaid chairman. He is proud think of with a stake in keeping oysters interests in regulated fisheries from council of the group’s extensive oyster-planting pro- healthy, assembling in one room a motley appointment. gram. Partnership officials say it makes coalition of 40—watermen, regulators, legis- sense to let watermen harvest many of those lators, university professors. He hired a [From the Baltimore Sun, Apr. 1, 2007] oysters because the shellfish would die even- facilitator to calm tensions at what became known as the Oyster Roundtable. No one was OYSTERMEN REAP FEDERAL BOUNTY—BID TO tually of disease. They point out that in the allowed to leave the table until everyone REVIVE BIVALVE BENEFITS WATERMEN MORE several years before the oysters are har- vested, they help the bay by filtering away agreed on what to do next. (By Rona Kobell and Greg Garland) But as further meetings were held, Brown pollution. ‘‘The idea that it is a watermen’s At the Hyatt Regency resort in Cambridge, said, it was clear the warring parties didn’t welfare program is nonsense,’’ Brown said. ‘‘I several dozen scientists, watermen and gov- trust each other. So he suggested creating a don’t think that they’re getting any unto- ernment regulators gathered to sip martinis nonprofit agency that would get the various ward benefit.’’ groups involved in an effort to bring back and mingle over hors d’oeuvres. Later, there Though the partnership gets millions in oysters. It would not be a research organiza- were cheers and tributes as they dined on federal funds, it operates with virtually no tion—plenty of those already existed. Rath- crab and filet mignon. The mood was governmental oversight. The group gets the er, it would work with scientists and celebratory at January’s annual meeting of money as the result of a budget ‘‘earmark’’ watermen to plant oysters in the water and the Oyster Recovery Partnership. Yet the arranged by Sen. Barbara Mikulski, a Mary- monitor their progress. Ideally, the group government-financed nonprofit has made lit- land Democrat, and the grant is distributed. would receive a small amount of government tle progress toward its stated mission of re- by the National Oceanic and Atmospheric money, but it would also raise private funds. storing oysters to the Chesapeake Bay. Administration. A top NOAA official ac- Maryland officials set up the group more The Oyster Recovery Partnership was for- knowledged that his agency hasn’t inter- mally created in 1994, under a board that than a decade ago in what was envisioned as vened as the partnership used the grant to a groundbreaking attempt to revive a species today numbers 18 people, including seafood run programs that he said are effectively executives, other businessmen and environ- all but destroyed by overharvesting and dis- subsidies for watermen. Because the money ease. Since 2002 alone, the partnership has mentalists. Its purpose, according to a writ- was approved specifically for the partnership ten agreement with the state, was to develop received $10 million in federal funds to lead through an earmark, agency officials be- Maryland’s efforts to make oysters an abun- projects to promote ‘‘the ecological restora- lieved they had no authority to interfere, tion of oysters in the Chesapeake Bay.’’ The dant, self-sustaining species again. said Lowell Bahner, a NOAA administrator The way to do that, leading scientists say, agreement says nothing about helping who until recently oversaw the agency’s is to leave the shellfish in the water so they watermen. But the group’s first office was in Chesapeake Bay office. can reproduce and propagate the species. But a back room of the Maryland Watermen’s As- ‘‘Senator Mikulski said, ‘I want oysters in the partnership puts most of its oysters in sociation headquarters in Annapolis. The the water for harvest by watermen,’’’ Bahner places where watermen can take them out— partnership has since moved into space said. ‘‘Is that a subsidy? That’s what it looks and sell them for roughly $30 a bushel. ‘‘If across the hall. The organization got off to a like. And I think she would be proud of you’re serious about the ecological value of rocky start. It never raised the private that.’’ Mikulski declined to be interviewed oysters, then they must remain in the bay money its founders had hoped for, and its for this article. But in a written response to and live,’’ said veteran oyster biologist small staff often seemed overwhelmed. By questions from The Sun, she said she ex- George Krantz, former fisheries director at 2000, the group had gone through two execu- pected NOAA ‘‘to have strong oversight’’ of the Maryland Department of Natural Re- tive directors and was in poor financial how the grant was being spent. In addition, sources. The partnership’s spending has done shape. It advertised for a new executive di- she said the money ‘‘was never intended to more to create income for watermen than rector and interviewed dozens of candidates. be a subsidy for industry or watermen.’’ ‘‘Un- bring back the Maryland oyster, an inves- Charles Frentz was one of the last. ‘‘I told like farm subsidies, this does not guarantee tigation by The Sun has found. The group them, ‘I am either going to put you out of revenue for watermen or industry,’’ Mikulski not only provides watermen a crop to har- business or straighten you out,’’’ Frentz re- said. ‘‘This was intended . . . to help vest, but it also pays them to do work that calls. jumpstart restoration for the economic and many scientists say has little merit. The A LACK OF FOCUS environmental health of the Bay.’’ Frentz conceded that he knew little about Sun found: Many scientists question why the partner- While the partnership has planted tens of the biology of the bay—he had spent much of ship is spending millions of federal dollars to millions of hatchery-raised oysters, less than his career running several horse racing busi- plant oysters, only to let watermen take a third have been put in protected sanc- nesses in Florida, including one that put on them before they can reach full reproductive tuaries. Most are planted in places where the prestigious Breeders’ Cup. He said he potential. ‘‘You can’t justify doing it,’’ said they can be harvested. hadn’t been looking for a job; he was retired Krantz. ‘‘The agenda has virtually excluded The group is paying the Maryland and had moved to Maryland largely to marry any scientific personnel who voiced opposi- Watermen’s Association nearly $400,000 this his high-school sweetheart, an executive at tion to this concept. . . . The decision to year to remove diseased oysters from one the Social Security Administration. But he take them out is based on a harvester’s wish- part of the bay and dump them in another. brought with him a passion for the bay that es, not a conservationist’s wishes.’’ Proponents say this practice helps other oys- came from growing up near Sparrows Point ters survive, but it has no proven scientific ROCK BOTTOM and spending summers at a family home in value. Critics say a primary benefit is to pro- The Oyster Recovery Partnership traces Tolchester Beach, trawling for soft-shell vide work for watermen. its roots to the winter of 1993, when Mary- crabs. More importantly, he said, he could The head of the Watermen’s Association land’s oyster industry hit rock bottom. apply sound management practices to a sits on the partnership’s board and is among Watermen harvested fewer than 80,000 bush- foundering organization. ‘‘It was almost a those who benefit financially from the fed- els of oysters that season, taking home feel-good situation where you had good in- eral grants. Association president Larry about $1 million. Just a decade earlier, they tentions, but there was a lack of business Simns Sr. doled out tens of thousands of dol- were bringing in more than a million bush- focus,’’ Frentz said. ‘‘There was no question lars of the grant money to watermen last els, which fetched $16 million at the dock. In that I challenged how they did business, why year to help plant or move oysters. Also, he the years before that, the harvests were even they did business and how they would do collected $40,100 for supervising their work. better, providing a stable income for thou- business in the future.’’ The group used $46,000 in federal funds to sands of people who earned their living on When Frentz came on board, the partner- hold its annual meeting at the Hyatt Re- the water. ship was getting about $450,000 from NOAA gency, a golf resort and spa. The money went The fast decline of the oyster was alarming and had little other income. It was using vol- not just for the fancy dinner but also for not just because it was putting watermen unteers to plant small clusters of oysters on

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.025 S25APPT1 hmoore on PRODPC68 with HMSENATE S5050 CONGRESSIONAL RECORD — SENATE April 25, 2007 tiny plots throughout the bay. If the part- rules. Today, when half a bar’s oysters reach lack of scientific evidence that the process nership had any prayer of significantly in- 4 inches, watermen also can remove the 3- works, the ORP allocated almost $400,000 of creasing the number of oysters in the Chesa- inch oysters. this year’s $4 million federal grant to the peake, Frentz reasoned, it would need to Meritt, the hatchery manager, calls the Maryland Watermen’s Association for bar plant many more baby oysters. To do that, it managed reserve ‘‘a really nice compromise’’ cleaning. Simns, a member of the ORP’s ex- would need more money. because it gives many oysters an extra year ecutive board, hands out that money—wear- Frentz persuaded Donald Meritt, the man- in the bay to provide ecological benefits. But ing his hat as president of the Watermen’s ager of the University of Maryland’s Horn other scientists say the program is nothing Association. He says he uses a process that is Point hatchery, to produce more oysters, more than an expensive put-and-take fishery above board and fair. promising to get money to upgrade the facil- falsely billed as restoration. An oyster’s abil- He sends out ‘‘bid forms’’ to the roughly ity. Frentz also cultivated Mikulski, who ity to reproduce increases exponentially 500 watermen who have oyster licenses ask- had been earmarking money for the partner- with each year it survives. So harvesting the ing them to suggest a daily price for the ship. In his first year in the job, Frentz near- animal after just four years—about the time work, he said. Then, Simns said, he sets a ly doubled the ORP’s federal funding, to it takes to reach 4 inches—cuts off its life rate based on the average of the bids he re- $850,000. By 2002, the group was getting $1 span at a critical time, according to Krantz, ceives—last year, $450 a day. He gives work million; by 2004, $2 million. Last year, the the former fisheries chief. to pretty much everyone who asks, Simns funding doubled again to about $4 million. He estimates that if an oyster reaches 5 or said, about 50 watermen last year. As the money increased, so did Frentz’s 6 inches, it will have a 3,000 percent increase Simns acknowledges that he used ORP pay. He was hired for $58,000 in 2000, accord- in reproductive capability. Krantz and other money to pay himself $40,100 last year, in ing to the partnership. By the time he re- scientists say it’s crucial to leave the oys- part to supervise this work that is done by tired three months ago, he was earning ters in the water; even if many will die of men who are members of his association. The $151,000, most of it from federal funds. He disease, the ones that live will help propa- people who are paid include his son, Larry still gets $10,000 a month as a consultant. gate a species that can withstand disease. Of Jr., who gets $100 day as a crewman on his Frentz frequently praised Mikulski, even the 950 million hatchery-raised oysters that father’s boat, partnership records show. The presenting a video tribute to the woman he the partnership has planted since 2000, more Watermen’s Association itself gets about called ‘‘Our Bay Lady.’’ She returned the than half have gone into managed reserves. $65,000 of the money for administering the compliments. In a 2004 letter to Frentz, she About 100 million were planted for har- contract—money it uses for operating ex- called him ‘‘just about the best thing that vesting without any special restrictions. penses. As for his own pay, Simns argues has happened to the Chesapeake Bay since Only about 265 million were put in oyster that the partnership needs him to oversee the skipjack.’’ sanctuaries where harvesting is prohibited. the work—he has been working the water since he was a boy, and he knows all the HELPING WATERMEN The sanctuary oysters have done better than watermen. ‘‘It’s better for ORP to have many expected. About 20 percent of them are The idea of using government money to someone like the Watermen’s Association still alive, according to Kennedy T. Paynter help watermen isn’t new. The Maryland De- manage the watermen,’’ said Simns, 70. Jr., a University of Maryland scientist who partment of Natural Resources has for years ‘‘They can’t blow smoke at me, because I is paid by the partnership to monitor its run oyster programs that are essentially know. I’ve done all that stuff.’’ subsidies. The state agency moves baby oys- bars. That survival rate is good, Paynter He said Frentz assured him that his role in ters from the lower Chesapeake, where they said, given that half of the oysters planted the Watermen’s Association was not a prob- are abundant naturally, and spreads them anywhere in the bay are expected to die in lem—that he could be on the ORP board at around the bay. A committee of oystermen the first year. The numbers appear to con- the same time he was getting money from an tells the department where they want this tradict the watermen’s assertions that if ORP grant. ‘‘I don’t vote on anything that ‘‘seed,’’ as the babies are called, and the de- oysters are not harvested, they will just die has to do with the Maryland Watermen’s As- partment delivers. The idea is to help of disease. ‘‘To use that as an excuse to har- sociation,’’ Simns said. But his position as a watermen from upper bay counties earn a vest is a logical absurdity,’’ said University member of a nonprofit’s board who derives fi- living, state officials say. The agency has of Maryland oyster biologist Roger Newell. nancial benefits from the relationship raises been doing this for decades. But when ‘‘If an oyster is harvested, there is a 100 per- conflict-of-interest questions. Daniel parasites began to attack the bay’s oysters cent chance of it dying.’’ If you leave it at Borochoff, president of the American Insti- in the 1970s and 1980s, this practice turned the bottom, he said, there is a chance it will tute of Philanthropy, a watchdog group that out to have a down side. The parasites that live. monitors nonprofits, said it generally is not attack oysters thrive in the same salty wa- BAR-CLEANING good practice for an organization to pay one ters where oysters reproduce. So when the More lucrative for Simns and some other of its governing board members for services. state moved oyster seed to lower-salt waters, watermen has been the ‘‘bar-cleaning’’ ‘‘A board member receiving money to per- the parasites hitched a ride—spreading dis- work—removing diseased adult oysters from form services, that is frowned upon,’’ he said. ease. some of the partnership’s bars and dumping According to Simns, the other watermen Initially, state officials thought that them in another spot. Watermen will return net from $100 to $125 from their $450 wouldn’t happen because they believed the to the spot later to harvest the oysters for barcleaning checks after paying for gas and parasites wouldn’t survive in the fresh water private sale; while disease eventually kills the expense of keeping up a boat. Neverthe- of the upper bay. Once it was clear the the shellfish, infected oysters are safe for less, it can be an important source of in- parasites would survive, the department con- people to eat. So the watermen earn money come, said Floyd ‘‘Bunky’’ Chance, an East- tinued to move the seed around anyway, ar- twice in this process. They are paid by the ern Shore waterman. ‘‘Everyone who partici- guing that since the bay’s oyster population partnership to move the diseased oysters, pates likes it, for the income if nothing was so far gone, stopping the program and then they get to harvest them. The bar- else.... Most watermen are just trying to wouldn’t lessen disease and would only hurt cleaning work is done in the spring, between keep the wolf from the door,’’ he said. watermen. ‘‘History is what it is,’’ said Chris the end of oyster season and the start of HEY, TRUST US Judy, the department’s longtime shellfish di- crabbing season—a period when many NOAA officials acknowledge that they rector, explaining why the practice has con- watermen have time on their hands. But re- have done little to manage or oversee the tinued. ‘‘The time to [say] ‘Let’s not move moving the bad oysters is also good for the money their agency gets from the earmark diseased seed’ was at the beginning.’’ bay, according to Paynter. and passes on to the Oyster Recovery Part- MANAGED RESERVES When oysters die, they gape open and nership. The agency does not scrutinize the Charlie Frentz didn’t want to spend mil- spread disease. So it’s important, Paynter partnership’s salaries, administrative ex- lions of dollars to plant disease-resistant said, to get them out while they’re alive. penses or the money it spends on its annual oysters only to have the state turn around Paynter said, however, there is no scientific banquet, said NOAA grant manager Rich and deposit diseased seed nearby. So he benefit to putting the diseased oysters back Takacs. ‘‘It’s up to the organization receiv- asked the watermen to turn down the state’s in the bay for watermen to harvest later. ing the funds to use their internally ap- seed. He said the partnership would instead ‘‘Really,’’ he said, ‘‘we’d like to take the dis- proved business practices,’’ Takacs said. provide hatchery-raised oysters that would eased oysters out and put them into the When asked for copies of the partnership’s eventually be available for harvest. The oys- driveway.’’ Other scientists and state offi- contracts with the Watermen’s Association ters would be planted on special bars that he cials say bar cleaning has little merit even for bar cleaning and other work, Takacs said called ‘‘managed reserves.’’ in terms of removing disease. A state study he didn’t have any. The partnership wasn’t Normally, watermen can take oysters from in 2005 showed that bar cleaning leaves be- asked to provide them, he said. Takacs said the bay when they are 3 inches long. In the hind infected oysters. the partnership’s approach to its bar clean- managed reserves, they had to wait until the ‘‘Bar cleaning may buy you a little bit of ing and oyster planting operations has been oysters were 4 inches. The larger size meant time to produce more market-size oysters, ‘‘a lot of ‘Hey, trust us.’’’ Unlike many other the oysters would have an extra year or so to but eventually disease is going to take NOAA grantees, which provide detailed re- live in the bay. But after the first year, when hold,’’ said DNR assistant fisheries director ports on their scientific work, the partner- one waterman was so mad about the restric- Tom O’Connell. He argues the partnership ship provides only cursory reports of one to tions that he threw an oyster hammer at shouldn’t be spending so much money on bar two pages with a broad general description of Larry Simns, the partnership changed the cleaning until it is studied more. Despite the its work, he said.

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.027 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5051 As a result, there has been no comprehen- interest between staff and organizations re- the ownership of the companies that sive assessment of what the $10 million in ceiving funding?’’ are given the grant money. federal funds granted to the partnership in Coburn also asked for reports on how the I won’t go into the details. Senator partnership is doing in meeting its stated the past five years has done to help the cause MIKULSKI is in agreement that they goals and whether its federally funded efforts of restoring oysters to the bay, NOAA offi- should be oversighted and looked at cials said. Even in terms of helping have been cost effective. Monica Allen, a watermen, the program almost certainly is spokeswoman for NOAA, declined to com- and conflict of interest should be elimi- not cost-effective, partnership and NOAA of- ment on Coburn’s letter but said the agency nated. This amendment is very simple. ficials admit. A government analysis of the would provide a copy of its response when it It just says that ought to happen and Department of Natural Resources seed-mov- is completed and sent to Coburn. Stephan there ought to be a review, there ought ing program showed that, for every dollar Abel, executive director of the Oyster Recov- to be a prohibition of use of NOAA the state spent to create a crop for watermen ery Partnership, said, ‘‘It would be inappro- funds for meetings. There is $46,000 to harvest, the watermen earned 13 cents in priate to comment until NOAA has had the yearly going out for a meeting out of oyster sales. opportunity to respond.’’ Foster said Coburn this grant money with no real concern. Bahner, who ran NOAA’s Chesapeake Bay has attempted to focus attention on ear- office until last year and has taken a job at marks as part of a campaign to end what he There is no conflict of interest require- the agency’s Silver Spring headquarters, said regards as wasteful government spending. A ment in the grant authority-making he believes the partnership is making a valu- year ago, Coburn and Arizona Sen. John process at NOAA. So this amendment able contribution to the bay in planting mil- McCain sent a letter to all 100 U.S. senators simply sets out that we ought to have lions of oysters. He also said, however, that announcing they would challenge every ear- basic conflict of interest rules of en- Mikulski’s earmark put his agency in a dif- mark, or ‘‘pork project,’’ on the Senate floor. gagement in the grant-making process ficult position. The problem with earmarks, Foster said, is with NOAA. Federal scientists and grant managers they are made based on political connections I reserve the remainder of my time. wanted to ensure that the money was used in and aren’t subject to competition or strin- Mr. BINGAMAN. Mr. President, let the best way to restore oysters, he said. But gent oversight. Coburn said The Sun’s article me speak, again regretfully, against partnership officials argued that the pro- about the Oyster Recovery Partnership’s gram was designed to help watermen and spending raises larger concerns about how the Senator’s amendment, and I do so that NOAA’s job was to hand over the NOAA handles its federal grants. ‘‘Is this one first on behalf of Senator INOUYE as checks. ‘‘When the program started, it was example the exception, or is this a wide- chairman of the Commerce Committee. primarily, ‘Put the oysters in the water for spread problem at NOAA?’’ Foster asked. This is, of course, within the jurisdic- the watermen,’’’ Bahner said. ‘‘You’ve got Lautenbacher has taken issue with The tion of the Commerce Committee. The this whole watermen’s community. It’s a Sun’s findings, saying in a recent letter to provisions of the amendment relate to subsidy program.’’ the newspaper that his agency provides ade- the Department of Commerce and quate oversight of the federal funds provided NOAA, and the statement I have been [From the Baltimore Sun, Apr. 14, 2007] to the partnership. NOAA officials have pointed to the fact given by Senator INOUYE is pretty OYSTER GRANTS TO STATE DISPUTED— straightforward and says the amend- SENATOR ASKS DETAILS ON $10 MILLION that the partnership has hired an auditor each year to do a standard financial review ment, while possibly based on good in- (By Greg Garland) to comply with federal requirements. In 2006, tentions, actually causes substantial A conservative Oklahoma senator who Senator Mikulski asked NOAA for ‘‘an inde- harm to numerous NOAA programs and wants to eliminate congressional earmarks pendent audit’’ of the partnership. In re- activities and missions. has asked a federal agency for a detailed ex- sponse, records show, the partnership had its Some of the specifics cited are that planation of how $10 million in government usual accounting firm review its own audit grants for oyster recovery has been spent in the provision requiring that audits be reports from prior years. The firm found its posted on the Web within 60 days does Maryland. reports to be appropriate. In a letter to the head of the National Oce- not contain safeguards for proprietary anic and Atmospheric Administration, U.S. Mr. COBURN. Mr. President, it has information that may have been gath- Sen. TOM COBURN said he was ‘‘very con- come to mind that NOAA, when they ered as a result of the audit. Also, a cerned’’ about questionable spending prac- do the grants, lets the grantee set the concern has been raised about the pro- tices detailed in an article in The Sun about terms of oversight. I ask unanimous hibition in section B on the use of the Maryland’s Oyster Recovery Partner- consent to have printed in the RECORD NOAA funds for meetings. The provi- ship. ‘‘It sounds like a dubious use of federal from NOAA’s official Web site their fi- dollars and raises a lot of questions,’’ Roland sion in the amendment says: nancial assistance application for their No funds made available by the adminis- R. Foster, an aide to the Oklahoma Repub- grants where they ask the grantee lican, said yesterday. The partnership, a trator through a grant or contract can be nonprofit group charged with trying to re- what kind of oversight they want rath- used by the person who received the grant or store oysters to the Chesapeake Bay, re- er than setting it up themselves. the contract to attend any conference other ceives its annual funding through a federal There being no objection, the mate- than a conference related to training or rou- budget ‘‘earmark’’ arranged by U.S. Sen. rial was ordered to be printed in the tine meetings of officers or employees of the BARBARA A. MIKULSKI, a Maryland Demo- RECORD, as follows: administration. crat. NOAA FINANCIAL ASSISTANCE APPLICATION One of the basic activities scientists The Sun reported this month that while C. FEDERAL INVOLVEMENT and engineers engage in is doing their the group has planted nearly a billion hatch- C1. Is the proposed activity going to be research and then presenting that re- ery-raised oysters since 2000, less than a conducted in partnership with NOAA or search at conferences so they can have third have been put in protected sanctuaries. would the proposed activity require NOAA’s Most have been planted in places where they reaction from their colleagues and direct involvement, activity, or oversight? If can be harvested by watermen and sold. The their peers and have an interchange yes, describe NOAA’s involvement, activity, newspaper also found that the partnership is about the validity of the work they or oversight, including the name of the office paying the Maryland Watermen’s Associa- have done. This would prohibit the use or program that is involved. tion nearly $400,000 this year to remove dis- C2. Would the proposed activity involve of funds for that purpose, which is one eased oysters from one part of the bay and any other federal agency(ies) partnership, di- reason it would be objectionable. dump them in another. Proponents say this rect involvement, activity, or oversight? If The other concern that has been practice helps other oysters survive, but it yes, provide the name(s) of the agency(ies) raised is we are setting up a separate has no proven scientific value. Critics say its and describe its involvement, activity, or procedure here with regard to handling primary purpose is to provide income for oversight. watermen. The partnership also used $46,000 conflict of interest issues at NOAA in federal funds to hold its annual dinner at Mr. COBURN. Mr. President, let me which would be separate and apart the Hyatt Regency golf resort and spa in describe what has happened. There was from the general procedures the Fed- Cambridge, The Sun reported. Meanwhile, an earmark which NOAA believed they eral Government has with regard to the bay’s oyster population remains at his- did not have the responsibility to over- grant review processes. The thought is toric lows. see, since it was an earmark, in terms that those general processes should be In the letter to NOAA chief Conrad C. of rehabitating oyster beds. We have made to apply and we should not be Lautenbacher Jr., Coburn questioned how seen from the investigations so far that writing into law, particularly as an the earmarked funds were being used. ‘‘What oversight has NOAA conducted of this spe- it has been highly ineffective. But amendment to this legislation, some cific grant?’’ Coburn asked. ‘‘[P]articularly more importantly, what we have seen kind of separate provision and require- was NOAA aware that funds were being used is conflicts of interest in terms of the ment with regard to just this one agen- for banquets or of the financial conflicts of board that manages the program and cy within the Department of Commerce

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.030 S25APPT1 hmoore on PRODPC68 with HMSENATE S5052 CONGRESSIONAL RECORD — SENATE April 25, 2007 under the jurisdiction of the Commerce Mr. ALEXANDER. Mr. President, I vanced Technology Program. I see the Committee. want to describe how this bill got to Senator from Michigan is here, and I Mr. President, I yield the floor. the floor because it has been suggested am sure she will mount a rigorous de- Mr. COBURN. Mr. President, what it might not have come through com- fense in regard to it. you just heard was a denial that we mittee. The energy parts of this bill There are some things people should need oversight and that people were fully considered by the Energy be aware of. We had an oversight hear- shouldn’t be accountable for how they Committee when it was chaired by Sen- ing on this program in my Federal Fi- spend Federal dollars. The fact is, this ator DOMENICI last year, and it was nancial Management Subcommittee. is one program and one meeting. This then reported to the Senate in March. We showed it to be ineffective. Between doesn’t stop meetings. This doesn’t The Commerce Committee parts of it 1990 and 2004, 35 percent of the $2 bil- stop any legitimate function. This was were fully considered by the Commerce lion of this program went to Fortune a golf tournament and a meeting for 2 Committee in May or June and re- 500 companies—Fortune 500 compa- days that cost $46,000 of Federal funds. ported to the full Senate then. The nies—with 65 percent of the grants I will tell you, NOAA does not have only parts of the legislation that didn’t under this program never being asked any conflict of interest rules presently go through the regular committee to be funded outside of the program. In in their guidelines. process were from the Health, Edu- other words, they never went to the So what the Senator is saying is, cation, Labor, and Pensions. That was private sector. Almost two-thirds never leave it the way it is today. Let’s don’t the decision of that committee to do attempted to get funding in the private change it. That is exactly the problem, that. They had a series of roundtables sector. because this didn’t come through the and a series of meetings and made rec- This was a program that was de- Commerce Committee. They would ommendations to the working group. signed to help with technology. It have fixed it, as Senator STEVENS fixed The working group then had meet- wasn’t designed to be a corporate wel- the fishery boards. Instead, what we ings with the administration officials, fare program. In fact, what has hap- are trying to do with this is to fix the and Senator DOMENICI presided over pened is that five companies since 1990 same thing Senator STEVENS did with most of them—we called them home- have consumed $376 million of this the fishery boards. Because it didn’t work sessions—and then Senator Frist money. Let me tell you who the com- come through committee, that didn’t and Senator REID introduced this legis- panies were. They were: General Mo- get attached. Now that we want to at- lation last October. It has been public tors, hardly in need of taxpayer money tach it on the floor, we don’t want to all that time. Then Senator REID and to fund research; IBM, hardly in need have that done. Senator MCCONNELL introduced the of taxpayer money to fund research; The fact is, there is no oversight cat- legislation in January of this year, and General Electric, hardly in need of tax- alyst with these grant programs. By it has been public all that time. payer money to fund research; Min- defeating this amendment, we are I wanted to make sure it was known nesota Mining, 3M; and Motorola. going to continue saying there is none. that this is legislation that has been Their combined revenues yearly are in If you don’t like this amendment, then fully exposed to the light of day, what- excess of $50 billion. fix it in conference. There is no reason ever the merits. I am not commenting We are going to see a large defense of why we shouldn’t hold these grants to on the merits of the comments of the this program, because there have been the light of day. There is no reason Senator from Oklahoma, but I did want some instances where it has done some why they shouldn’t be transparent. Ev- everyone to be reminded of the process good. I don’t deny that. But for the $2 erything in this Government should be through which this went to get to the billion we have spent on it, what have transparent. floor. we gotten? The House has eliminated There is nothing in these grants that Mr. President, I thank the Senator this program, by the way. We decreased is fiduciary or private that shouldn’t for his courtesy. it over the last 2 years. This is a pro- be exposed. The fact is, if you are going AMENDMENT NO. 921 gram that is not working efficiently, is to take money from the Federal Gov- Mr. COBURN. Mr. President, I ask not working effectively, and we are not ernment, the American people ought to unanimous consent that the pending getting great return for our money. know what you do with it. What we are amendment be set aside, and that Mr. President, with that, I will with- saying is, we don’t want that to hap- amendment No. 921 be called up. hold the rest of my comments and re- pen. That is what defeating this The ACTING PRESIDENT pro tem- tain the balance of my time. amendment means. It means more se- pore. Without objection, the amend- Mr. DOMENICI. Would the Senator crecy, less transparency. It means, by ment will be set aside, and the clerk yield for 30 seconds to the Senator the way, if there is a financial conflict will report the amendment. from New Mexico? of interest, don’t worry about it, we The assistant legislative clerk read don’t want to hold them accountable. Mr. COBURN. I believe you all still as follows: have time. I understand the resistance, but the The Senator from Oklahoma [Mr. COBURN] American people won’t understand the Mr. DOMENICI. I intend to vote for proposes amendment No. 921. your NOAA amendment, and I com- resistance. The real problem we are The amendment is as follows: faced with is our Government is so big pliment you on what it does. I do think (Purpose: To discontinue the Advanced Tech- you have some merit in the other and into so many things that we don’t nology Program of the National Institute know where it is being handled right or amendments, including the last one. It of Standards and Technology) is just very hard to do that kind of wrong. This is one small step to say At the appropriate place, insert the fol- there shouldn’t be a conflict of inter- thing now on this bill. lowing: I think you have raised some real est. There ought to be reporting, there SEC. ll. DISCONTINUATION OF THE ADVANCED ought to be oversight, which there is TECHNOLOGY PROGRAM. points about that big program. We not. We ought to be asking the GAO to (a) REPEAL.—Section 28 of the Act of ought to be careful when we have a $2 oversee it and to look at it. That is all March 3, 1901 (15 U.S.C. 278n) is repealed. billion program, and we are not. It is it does. (b) UNOBLIGATED BALANCES.—Any amounts not getting out there to small and Mr. President, I will rest with the appropriated for the Advanced Technology independent businesses that have to go will of the body on that amendment. Program of the National Institute of Stand- and seek private assistance, and you ards and Technology, which are unobligated The ACTING PRESIDENT pro tem- have made good points. It is just hard as of the effective date of this section, shall to do it on this bill. pore. Who yields time? be deposited in the General Fund of the Mr. ALEXANDER. Mr. President, I Treasury of the United States for debt reduc- The NOAA amendment, I am telling wonder if the Senator from Oklahoma tion. you in advance, I am for you. would permit me a couple of minutes (c) EFFECTIVE DATE.—This section shall Mr. COBURN. I thank the Senator for to comment on something. take effect on the date that is 90 days after his comments. I would note that the The ACTING PRESIDENT pro tem- the date of the enactment of this Act. House didn’t find it hard to eliminate pore. The Senator from Tennessee is Mr. COBURN. Mr. President, this is ATP on their component piece of legis- recognized. an amendment to eliminate the Ad- lation that will be matched up with

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.071 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5053 this and, in fact, last year we elimi- pipeline. That is what it is all about. The ACTING PRESIDENT pro tem- nated ATP in the funding cycle on the When we add more dollars to increase pore. The Senator from New Mexico appropriations side. basic research, we have to make sure has close to 5 minutes. I know there are some positive things we are also not creating a bottleneck Mr. BINGAMAN. How much time on about the program, but overall it is a in that innovation pipeline. We have to the side of the Senator from Okla- poor investment for the Federal tax- be able to fund the next step in that homa? payer. partnership. I would suggest this has The ACTING PRESIDENT pro tem- Mr. President, I yield the floor at the been a tremendous investment in terms pore. The Senator from Oklahoma has present time, and I reserve the remain- of what has actually happened. 21 minutes. der of my time. The ATP programs have succeeded in Mr. BINGAMAN. Let me go ahead The ACTING PRESIDENT pro tem- a wide range of fields. There is no ques- and use the remainder of our time in pore. Who yields time? tion, when you are doing this research opposition to the amendments, and Mr. BINGAMAN. Mr. President, I it is basic research. By the way, we then the Senator from Oklahoma can yield 5 minutes to the Senator from give the R&D tax credit to those same use as much additional time as he Michigan. large companies my colleagues spoke would like, obviously. The ACTING PRESIDENT pro tem- I agree with the comments the Sen- pore. The Senator from Michigan is about. We give it to large companies and small companies to do basic re- ator from Michigan has just made recognized for 5 minutes. about the ATP program. I do think one Ms. STABENOW. Mr. President, I ap- search—no different. This is the next of our weaknesses historically, particu- preciate the leadership role Senator step. larly in recent decades in this country, BINGAMAN and Senator ALEXANDER are We have seen wide-ranging successes. is although we have done reasonably playing on this critical bill, as well as They have already delivered on cheap- well on basic research, we have not Senator DOMENICI and others who have er, better bone marrow transplants, done as well in taking that basic re- worked on putting together this legis- mammograms, cartilage repair. They lation. are enabling companies to make bio- search the next step and getting it to a It makes no sense to eliminate the degradable plastics from corn, improv- point where it can be commercialized Advanced Technology Program. In ing manufacturing, and powering and manufacturing can occur in this fact, the House is renaming it but ex- longer lasting lightweight fuel cells, country. tending the very same approach in all of which are critical for our future. I have a chart I was going to show. terms of a partnership for the kind of The Advanced Technology Program Let me put up the chart and try to research that takes place after basic has made investments in nanotechnol- make the point as to where the ad- research. ogy. They were making them long be- vanced technology program is in the I might say that 65 percent of the fore anybody knew what nanotechnol- development cycle, as I understand it. ATP awards have gone to small busi- ogy was, along with investments in This chart tries to point out the ven- nesses, many of them small- and me- homeland security and bringing fuel ture capital funds focused on late-stage dium-sized manufacturers. The reality cells and solar cells and microturbines research. There are five different categories is that, yes, our large employers and to the marketplace. represented on this chart: seed funding, small have joined together with univer- In 2003, the White House sponsored a startup funding, other early stage, ex- sities, with the Federal Government, fuel cell demonstration, and the Presi- pansion, and then later stage. and with Federal labs to do partner- dent tested a long-life mobile phone. ships where the Federal Government Regarding venture capital funding, The phone the President tested was the higher bars on the chart, of course, puts up half the money and they put up powered by advanced fuel cell tech- half the money to do the kinds of re- are in the later stage. The seed funding nology. Without the advanced tech- and the startup funding are the two search to move the industry forward in nology program, MTI microfuel cells order to be able to compete in a global areas on which the Advanced Tech- would not have been developed. This nology Program concentrates. It does economy. breakthrough technology was devel- Frankly, this is one of the areas so in a way which is intended to get oped to power the very phone the where we are woefully behind, I would the very best results. President was holding. It would not suggest to my friend from Oklahoma. These programs are peer-reviewed. have happened without that joint part- We are woefully behind. One example There is real competition, rigorous nership with ATP. of this is in advanced battery tech- peer-reviewed competition in the allo- nology. While we are developing the There are certainly other companies cation of this money. The funds go to basic science in the United States, it is where ATP projects have not been suc- those researchers and those tech- Japan and China and South Korea that cessful. That is the nature of high-risk, nologists who are most likely to be are taking the next steps to make high-payoff research programs, and able to take these basic discoveries and those batteries. A $50 million invest- people around the world know that. turn them into commercial products ment in Japan alone; a 5-year commit- Governments around the world know and commercial services. There are ment from China of over $100 million; a that. Right now, I should add, our com- many examples of successes in this 5-year commitment from South Korea panies are competing with govern- area. of over $100 million. Yet in our budget ments around the world, governments Unfortunately, we do not have as in the United States we have $11 mil- that own companies, governments that many today that we can point to, rel- lion to focus on what is one of the most are doing these kinds of research. ative to the rest of the world, as we critical parts of technology to move Let’s put the successes and failures used to have. The competition, frankly, forward on alternative fuels and new in the overall context. A 2003 survey of between ourselves and many of our breakthroughs. over 350 companies indicates the actual competitors, is very severe at this ATP is different. It is unique among economic value resulting from ATP point. When you go to a country such Federal research programs. Most re- joint ventures exceeded $7.5 billion. as Japan and look at the extent of the search is focused on advanced scientific The ATP annual report showed the pro- Government’s support of this kind of knowledge, but there is a very long gram has generated $17 billion in eco- technology development, it is ex- road from scientific discovery in a uni- nomic benefits from just 41 of the 736 tremely impressive. We shy away from versity lab to the commercialization of completed projects. that. We say we are not going to help; that product. This is in between that. In conclusion, this is a program that it is up to our individual companies to You might call it a bridge project, or a works. We should not be cutting off do the best they can. Sometimes they bridge loan. This is that in-between pe- this investment in innovation in Amer- do well, sometimes they do poorly. But riod before industry feels confident ica. the Advanced Technology Program enough to pick it up and move forward The ACTING PRESIDENT pro tem- helps them to do better. It has been a with it. pore. Who yields time? very good investment. The goal of ATP is to push basic re- Mr. BINGAMAN. Mr. President, how The Academies of Science did a re- search knowledge into the innovation much time remains on our side? port looking at this very thing a few

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.072 S25APPT1 hmoore on PRODPC68 with HMSENATE S5054 CONGRESSIONAL RECORD — SENATE April 25, 2007 years ago. Their expert panel included I will be happy to have the Senator All you have to do is look at what is top executives from companies such as respond to my question. out there today, look at the share buy- Intel and Xerox and groups such as Mr. BINGAMAN. Mr. President, I am backs. They have more than enough Sematech, venture capitalists, also happy to respond. I would respond by money with which to fund all these academic researchers. They concluded saying we are not providing funds to things. the following: particular companies so they can com- I can give you specific examples from The Advanced Technology Program is an pete effectively. What we are doing is GE, IBM, and Intel. All of those effective Federal partnership program. The saying there are sectors of U.S. indus- projects were going to be funded any- selection criteria applied by the program en- try which are in very substantial com- way. We just gave them a gift. We just abled it to meet broad national needs and to petition with their counterparts world- simply gave them a gift. help ensure that the benefits of successful wide. Whether it is the automobile in- Mr. BINGAMAN. Mr. President, I ask awards extend across firms and industries. Its costshared, industry-driven approach to dustry, whether it is the semicon- the Senator if he will yield for a ques- funding promising new technological oppor- ductor industry, whether it is the bio- tion. tunities has shown considerable success in logics industry, whatever the area is, Mr. COBURN. I am happy to yield for advancing technologies that can contribute we have companies in our country that a question. to important societal goals such as improved are competing in those areas, and there Mr. BINGAMAN. Here is the informa- health diagnostics, developing tools to ex- is early stage research and seed devel- tion I am given. I would cite this to the ploit the human genome, and improving the opment—early stage development into Senator and ask if he has a reason to efficiency and competitiveness of U.S. manu- facturing. which they should be putting signifi- disagree. cant efforts. Of the single applicant awards under This is a program I think deserves When you look at it from the point of the Advanced Technology Program, 78 the increased levels of support that are any individual company, it might not percent have gone to small businesses, contemplated in this legislation. I urge make that much sense to say we are 11 percent have gone to medium-size my colleagues to resist the amendment going to devote a substantial portion of businesses and nonprofits, and only 11 of the Senator to delete funding for the our research dollars to this because it percent of solo awards have gone to Advanced Technology Program. Is there still time on my side? is long term. It may not pay off in 10 large businesses. Is that accurate? The ACTING PRESIDENT pro tem- years. It may never pay off. But here Mr. COBURN. That is inaccurate; 21 pore. The Senator has 17 seconds. we can use some taxpayer dollars to percent of the ATP grants over the last Mr. BINGAMAN. I yield the remain- prime the pump, so to speak, and to go 14 years went to Fortune 500 compa- der of my time. to these companies on a cost-shared nies. The ACTING PRESIDENT pro tem- basis and say: You guys get together. Mr. BINGAMAN. That is 21 percent pore. The Senator from Oklahoma is We will help you develop advanced bat- over the last 14 years? recognized. tery technology because otherwise we Mr. COBURN. Yes. Mr. COBURN. Mr. President, I am may eliminate our dependence on for- Mr. BINGAMAN. That is contrary to somewhat perplexed. We had a debate eign oil. But we are going to become the information I was given. I thank on Medicare Part D. The debate was dependent on foreign battery cells. the Senator for yielding for the ques- about corporate welfare. I find it hard That is not good for the U.S. economy tion. to believe that we want to continue to as a whole. Mr. COBURN. Let me just summa- fund General Electric and IBM and If General Motors happens to be one rize, and then I will yield back the re- Intel and all these other companies of the participants in that consortium mainder of my time. How much time with taxpayer money after we have of companies that is working on that do I have? claimed we do not want to do corporate advanced battery technology, then so The ACTING PRESIDENT pro tem- welfare. much the better. But I do not consider pore. The Senator has 141⁄2 minutes. Tell me where in that process—if the that corporate welfare. I consider that Mr. COBURN. I will be happy to yield Senator from New Mexico would care good, intelligent allocation of our re- after I finish this last statement, and I to put his sign back up—this money is? sources in order to keep our industry appreciate the managers of this bill for Tell me why an IBM needs money at competitive in the world marketplace. the time they have given me on these that stage. Tell me why a General Mr. COBURN. Let me reclaim my amendments, and their courtesy. Electric needs taxpayer money at that time. I thank the Senator for answer- There is no question, there are posi- stage, money that is going to go to ing my question. I guess the difference tive aspects of this program. I said that them. They have all the resources. IBM is, in the long run, where is the ben- before. The question comes—and it just announced they are buying back 10 efit? If any of those industries are really comes from what Senator percent of their stock. They have plen- going to survive, they are going to be STABENOW said. We already give them ty of cash. They are buying back their putting research dollars into those an R&D tax credit. They already get a stock. Tell me why, in a time when we areas already. That is my contention. direct writeoff for doing this research have a $300 billion deficit, $300 billion We know from the studies that, of all anyway. So the American taxpayers we borrowed from two generations the Fortune 500 companies, the money are already paying for it. Now we come from now, that we should give a penny that has been given to them they along and give them more. to IBM, corporate welfare to enhance would have spent anyway. This is just The point is, we do not need both. We anything. They have all the resources money that they don’t have to spend do not need both. IBM gets an R&D tax they need. Tell me why we should give because we are going to spend Amer- credit, and then they get money from a penny to General Electric or Intel or ican taxpayer dollars on it. The fact is, us under ATP for things they were any of those large companies that con- anybody in any of those areas, espe- going to do anyway. General Electric sume 30 percent of this money. cially major companies that have all gets an R&D tax credit, then they get If we want to have an Advanced the capital resources they need—they money from us in the ATP program for Technology Program, why wouldn’t we have an inherent self-interest to fund these things they are going to do any- say, yes, we will do it, but you have to that research. Why? Because their live- way. be at a certain size. You have to truly lihood and their existence depends on I believe there has to come a time not be able to access the capital mar- it. when we start thinking about how we kets. They have no problems accessing What we are doing is we are saying, spend our money and whether we are the capital markets for research. So for the big companies, the Fortune 500 getting a good return. The fact is, with what we are doing is taking from two companies, we are going to take away ATP, overall, all the money we have generations from now and giving it to their risk. The market has already cre- spent, we have not gotten back a re- the richest corporations in this coun- ated the risk. Their risk is to develop turn. try and making ourselves feel good be- the program. So I would disagree. I The other point I would make is, cause it wouldn’t happen otherwise. It think it is corporate welfare, especially only four States have received about 60 will happen otherwise. That is what with regard to the Fortune 500 compa- percent of the money on this ATP pro- markets are all about. nies that have significant assets. gram. Ironic, isn’t it? Four States. So

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.073 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5055 there is great consensus among those HBCUs, are not overlooked in this im- In 2005, six Spelman women qualified people on a parochial basis to support portant bill, the America COMPETES for the international RoboCup 2005 this program because it is a big pro- Act of 2007. four-legged robot soccer competition in gram for those individual States. In the State of Georgia, we have Osaka, Japan. The students created Mr. President, I will finish by saying eight HBCUs: Albany State University, computer programs for the robots to that all three amendments I have of- Clark Atlanta University, Fort Valley compete in the soccer tournament, re- fered today are designed to increase State University, Morehouse College, quiring the robots to play without transparency, increase accountability, Savannah State University, Spelman human intervention. Of the 24 teams eliminate conflicts of interests, and College, Paine College, and Morris that qualified internationally, the eliminate wasteful Government spend- Brown College. SpelBots, as the team was called, were ing. That is what we have to be about This is a pretty simple amendment the first and only historically Black if we, in fact, want to leave the herit- which would simply ensure that the college and university, the only all- age to our children and grandchildren HBCUs are included in the study by the women institution, and the only U.S. that we will receive by such great sac- National Academy of Sciences on bar- undergraduate institution to qualify rifice of those people who came before riers and innovations to advanced tech- for the tournament. When looking back us. That is the real deal. The way you nologies. Specifically, I want to make years from now at historically Black leave a heritage is to sacrifice today. sure we are able to find and highlight colleges and robotics research, all We cannot have everything we want what HBCUs are doing nationally to searches will lead to Spelman. equip their students with the knowl- today if we want our kids and edge and skills to compete in the 21st Mr. President, these are just two ex- grandkids to have what we have experi- century workforce. amples of what is taking place at our enced. The underlying bill would establish a HBCUs all across our country. That is I yield back the remainder of my President’s Council on Innovation and why I believe HBCUs and programs time. Competitiveness. My amendment sim- such as these should be included in the The ACTING PRESIDENT pro tem- ply includes HBCUs in the Council’s recommendations by the President’s pore. The Senator from New Mexico is recommendation for strengthening in- Council on Innovation and Competi- recognized. novation and competitiveness capabili- tiveness. Mr. BINGAMAN. Mr. President, I ties in academia. Now, I am going to withdraw this suggest the absence of a quorum. I wish to specifically highlight two amendment because I have had a dis- The ACTING PRESIDENT pro tem- examples of programs at Spelman Col- cussion with the Senator from Ten- pore. The clerk will call the roll. lege in Atlanta. Established in 1987, the nessee and the Senator from New Mex- The assistant legislative clerk pro- Spelman College Women In Science ico, and I think they are probably right ceeded to call the roll. and Engineering—or WISE—Scholars that this might be more appropriate as The PRESIDING OFFICER (Mr. Program is a model student develop- we reauthorize the Higher Education SANDERS.) The Senator from New Mex- ment effort that has successfully facili- Act, which I understand will be marked ico. tated the recruitment, retention, and up in the HELP Committee here within graduation of more than 200 African- Mr. BINGAMAN. Mr. President, I ask the next couple of weeks, in all prob- American females pursuing bacca- unanimous consent that the order for ability. So I am going to withdraw the laureate degrees in sciences, mathe- the quorum call be rescinded. amendment. But I do wish to put this matics, or a dual degree in engineering. The PRESIDING OFFICER. Without body on notice that we need to recog- The WISE Program addresses a na- objection, it is so ordered. nize the contributions our HBCUs are tional need to increase the prevalence Mr. BINGAMAN. Mr. President, I making in math, science, and tech- of underrepresented racial minorities know the Senator from Georgia has an nology, and that is a critical compo- and women in science, technology, en- amendment he wishes to speak to and nent of this bill. It will also be a crit- gineering, and mathematics dis- offer and proposes to withdraw. I will ical component of the Higher Edu- ciplines, while strengthening yield in a moment for him to do that. cation Act. At that point I will be Spelman’s capacity to continue to But let me ask unanimous consent that bringing this amendment forward to serve as a national conduit for the following his statement and his action, highlight those men and women who human resources needed to sustain the the votes in relation to the pending are at our HBCUs and the contribution country’s global economic competitive- amendments occur in the following they are making to math, science, and ness. The WISE Program continues order: DeMint amendment No. 930, technology innovation. Spelman’s important role in providing Coburn amendment No. 918, Coburn the Nation with a skilled scientific I yield the floor. amendment No. 921, Coburn amend- workforce. ment No. 922, and Kohl amendment No. The PRESIDING OFFICER. The Sen- As part of the American Competitive- 942; that no amendment be in order to ator from Tennessee. ness Initiative, unveiled during last these amendments prior to the vote or years’s State of the Union Address, the Mr. ALEXANDER. Mr. President, I to this final Kohl amendment prior to President called upon the Nation to, thank the Senator from Georgia for his the vote; that prior to each vote in the one, double the Federal commitment leadership on the issue of competitive- sequence listed here, there be 2 min- to the most critical basic research pro- ness. He has been one of the foremost utes of debate equally divided and con- grams in the physical sciences; two, advocates for this legislation, which trolled in the usual form; that after the make permanent the research and de- has made its way through so many first vote in the sequence, the remain- velopment tax credit; and three, train committees and reached the floor, and ing votes be 10-minute votes; further, 70,000 high school teachers to lead ad- we are close to passage today. I thank that provisions of previous orders gov- vanced-placement courses in math and him as well for his consistent advocacy erning these amendments remain in ef- science and bring 30,000 math and for historically Black colleges and uni- fect. science professionals to teach in class- versities of which Georgia has several The PRESIDING OFFICER. Without rooms. of the most prominent. He has talked objection, it is so ordered. Both the National Science Founda- to me and other members of the HELP The Senator from Georgia is recog- tion and National Aeronautics and Committee about that. He is exactly nized. Space Administration believe right. Reauthorization of the higher Mr. CHAMBLISS. Mr. President, I Spelman’s WISE Scholars Program is education bill is fairly imminent. thank the Senator from New Mexico. the vehicle to meet the Nation’s in- Hopefully in the next couple of weeks I rise today to propose and then to creasing need for math and science we will begin to mark up a bill. Sen- withdraw an amendment that will teachers. Also, in 2003, NASA awarded ator CHAMBLISS has made it clear he make sure our Nation’s historically the college with a $4.5 million grant to expects the committee to take seri- Black colleges and universities, our enhance its WISE Scholars Program. ously his amendment. I have assured

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.075 S25APPT1 hmoore on PRODPC68 with HMSENATE S5056 CONGRESSIONAL RECORD — SENATE April 25, 2007 him that for my part, the committee government includes checks and bal- parency and accountability for ear- will. I know Senator KENNEDY and Sen- ances that have served us well through marks in the fiscal 2008 process. But ator ENZI feel the same way. Senator over 200 years as a Republic. And the most of all, I oppose the amendment by WARNER of Virginia has also noted he power of the purse is a check on the the Senator from South Carolina be- wants to make certain that what we do ambitions of the executive branch. cause it would establish two criteria in this legislation takes into account Earlier this year, the Senate consid- for earmarks—those proposed by the historically Black colleges and univer- ered comprehensive ethics reform. It President would require only a simple sities. He, too, is looking toward the passed with an overwhelming majority majority, while those proposed by the Higher Education Act reauthorization. of 96–2. In addition, the Senate Appro- Congress, in which the power of the It is very helpful of both of them to, in priations Committee has announced a purse resides, would require a 60-vote this case, take the floor and in other new policy of increased transparency supermajority. conversations to make us aware of and accountability in regard to ear- The Framers of our Constitution what needs to happen as that act marks, which uses the same definition chose to give the power of the purse to comes up in the next couple of weeks. of earmarks contained in the ethics the Congress for a reason. They did not The Chambliss amendment and his ad- bill that was adopted overwhelmingly want an overbearing, unaccountable vocacy will be an important part of the on the floor of the U.S. Senate. These executive branch. discussion. I thank him for his leader- changes in the appropriations process I hope my colleagues will reject the ship. are intended to help restore confidence proposal by the Senator from South AMENDMENT NO. 930 in the Congress. It ends ‘‘business as Carolina. The PRESIDING OFFICER. Under usual’’ in Washington. It restores in- The PRESIDING OFFICER. The Sen- the previous order, there will now be 2 tegrity to the appropriations process. ator from South Carolina. minutes of debate on amendment No. It will increase accountability and Mr. DEMINT. Mr. President, I thank 930 offered by the Senator from South openness. Moreover, Senators will be the Senator from Tennessee for all his Carolina, Mr. DEMINT. required to certify that neither they work on this bill. The question is, after Mr. BINGAMAN. Mr. President, let nor their spouses have a financial in- we have gone through these many me take the lead in opposition to the terest in any earmark. I have asked months of work on this bill to make amendment. This is the amendment Senators to submit a letter to Senator America more competitive and we have that would set up a new 60-vote point COCHRAN and me certifying they have directed funds to the Federal agencies of order on any appropriations bill that no financial interest in a project being that we think are most appropriate and comes to the floor with anything con- proposed for an earmark. Those letters would be most helpful in raising the tained in it that could be designated a will be available for public inspection. quality and skill level of our labor congressional earmark. Unfortunately, Earmark disclosure, as important as force, do we want it to happen? Do we the definition of congressional ear- it is, is only one part of a much broader want this authorization bill to be im- mark set out in the amendment is very package of ethics reforms that has al- plemented as we have written it? As broad. It basically says: If you are ready passed the Senate. This includes the sponsors have been very careful to specifying money going to an entity, strengthened gift and travel rules for point out, this is an authorization bill, either in the language of the appropria- Members of the Senate, strengthened not an appropriations bill. What my tions bill or in the report accom- lobbying disclosure, and outlawing amendment does is ensure that this bill panying it, and it relates to items some of the notorious lobbying abuses is carried out the way it is authorized being authorized in this legislation, the in which Mr. Abramoff and others were and that the appropriators do not take objection could be made that you had involved. We should not cherry pick money for the National Science Foun- to have 60 votes. So you would have this legislation. It needs to be enacted dation and say: I want some to go to one set of rules for most appropriations as a whole. my State or to this university, and we bills and a different set of rules for ap- In the meantime, I would like to re- spread it out instead of using the propriations bills that would include mind my colleagues that when we con- merit-based peer review process. We appropriations relevant to this com- sidered the joint funding resolution change a bill that has a lot of thought petitiveness bill. It would be a very bad earlier this year, which included all of and bipartisan support, and we basi- policy. I urge colleagues to oppose the the pending appropriations bills from cally turn it over to the appropriators amendment. the previous Republican-controlled to change. If Members want this bill Mr. BYRD. Mr. President, I am Congress that had yet to be enacted, implemented the way it is written, strongly opposed to the amendment of- the House Appropriations Chairman, please support the amendment. fered by the junior Senator from South Mr. OBEY, and I made a bold move and The PRESIDING OFFICER. The Carolina, which would prohibit con- eliminated 9,300 earmarks that were in question is on agreeing to amendment gressional earmarks of funds appro- bills authored when the Senator from No. 930. priated, pursuant to authorizations in South Carolina was in the majority. Mr. DEMINT. I ask for the yeas and this bill, for the America Competes We eliminated every single one of nays. Act. The effect of the amendment pro- them—all 9,300 earmarks. The joint The PRESIDING OFFICER. Is there a posed by the Senator from South Caro- funding resolution, which was signed sufficient second? lina could be waived or suspended in into law on February 15, 2007, con- There appears to be. the Senate only by a 60-vote super- tained no new earmarks. The clerk will call the roll. majority. In summary, the process of ear- The assistant legislative clerk called If this amendment were agreed to, it marking funds has gotten out of con- the roll. would set up two criteria for all appro- trol. The status quo is not satisfactory. Mr. DURBIN. I announce that the priations legislation, pursuant to au- That is why I have taken the initiative Senator from Delaware (Mr. BIDEN), thorizations in the America Competes to establish new standards for trans- the Senator from Delaware (Mr. CAR- Act—one criterion requiring a simple parency and accountability. That is PER), the Senator from South Dakota majority vote for Presidential budget why I joined with House Appropria- (Mr. JOHNSON), and the Senator from recommendations and another cri- tions Committee Chairman DAVID OBEY West Virginia (Mr. ROCKEFELLER) are terion requiring a supermajority of 60 to eliminate earmarks from the fiscal necessarily absent. votes for congressional earmarks, 2007 funding resolution. Mr. LOTT. The following Senators which, according to this legislative I strongly oppose the amendment are necessarily absent: the Senator provision, is virtually anything that from the Senator from South Carolina. from Kansas (Mr. BROWNBACK), the Congress changes from the President’s The Senate has already voted on an Senator from Arizona (Mr. MCCAIN), budget request. ethics reform package that revises the and the Senator from Ohio (Mr. Under the Constitution of the United method by which earmarks will be con- VOINOVICH). States, the Congress has the power of sidered. The Senate Appropriations The PRESIDING OFFICER. Are there the purse. The Senate should jealously Committee has already put in place any other Senators in the Chamber de- guard that prerogative. Our system of rules that will increase the trans- siring to vote?

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.080 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5057 The result was announced—yeas 22, The motion to lay on the table was Dodd Leahy Roberts nays 71, as follows: agreed to. Domenici Levin Salazar Dorgan Lieberman Sanders [Rollcall Vote No. 142 Leg.] Mr. BINGAMAN. Mr. President, I be- Durbin Lincoln Schumer YEAS—22 lieve we can proceed to the second roll- Feingold Lugar Smith Feinstein McConnell Snowe Allard Feingold Martinez call vote, which is the Coburn amend- Harkin Menendez Stabenow Burr Graham McCaskill ment No. 918. Hatch Mikulski Tester Chambliss Grassley Sununu Hutchison Murkowski AMENDMENT NO. 918 Vitter Coburn Hagel Thomas Inouye Murray Voinovich Cornyn Inhofe Thune The PRESIDING OFFICER. Under Kennedy Nelson (FL) Warner DeMint Isakson Vitter the previous order, there will now be 2 Kerry Nelson (NE) Dole Kyl minutes of debate on amendment No. Klobuchar Obama Webb Ensign Lugar Kohl Pryor Whitehouse 918 offered by the Senator from Okla- Wyden NAYS—71 Landrieu Reed homa, Mr. COBURN. Lautenberg Reid Akaka Dorgan Murray Who yields time? NOT VOTING—6 Alexander Durbin Nelson (FL) Mr. BINGAMAN. Mr. President, this Baucus Enzi Nelson (NE) Biden Johnson Rockefeller Bayh Feinstein Obama amendment is one which I think would Brownback McCain Stevens Bennett Gregg Pryor be bad policy, a bad precedent for us Bingaman Harkin Reed here in the Senate. It basically puts a The amendment (No. 918) was re- Bond Hatch Reid hard and fast, drop-dead date on any jected. Boxer Hutchison Roberts The PRESIDING OFFICER. The Sen- Brown Inouye Salazar legislation contained in this bill and Bunning Kennedy ator from New Mexico is recognized. Sanders says there is a sunset provision so that Byrd Kerry Schumer Mr. BINGAMAN. Mr. President, I Cantwell Klobuchar any program authorized here, any kind Sessions move to reconsider the vote, and I Cardin Kohl of activity permitted under this legis- Casey Landrieu Shelby lation, would be prohibited following move to lay that motion on the table. Smith Clinton Lautenberg that date in 2011. It is not the kind of The motion to lay on the table was Cochran Leahy Snowe agreed to. Specter sunset we would normally adopt on leg- Coleman Levin Mr. BINGAMAN. Mr. President, I ask Collins Lieberman Stabenow islation. I don’t think it is appropriate Conrad Lincoln Stevens here. I urge colleagues to oppose the unanimous consent that following the Tester Corker Lott amendment. disposition of the previously ordered Craig McConnell Warner amendments, the only other amend- Crapo Menendez Webb The PRESIDING OFFICER. Who ments in order be Senator LANDRIEU’s Dodd Mikulski Whitehouse yields time in support of the amend- Domenici Murkowski Wyden ment? amendment No. 975, Senator DORGAN’s amendment No. 958, and a managers’ NOT VOTING—7 Mr. ALEXANDER. Mr. President, I amendment, which must be cleared by yield back the time on this side. Biden Johnson Voinovich both managers; that after disposition Brownback McCain The PRESIDING OFFICER. The of the above amendments, the bill be Carper Rockefeller question is on agreeing to amendment read the third time, and the Senate, The amendment (No. 930) was re- No. 918. without any intervening action or de- jected. Mr. COBURN. Mr. President, I re- bate, vote on final passage of S. 761. Mr. REID. Mr. President, we have a quest the yeas and nays. The PRESIDING OFFICER. Is there briefing at 4 o’clock. We are going to The PRESIDING OFFICER. Is there a do this next vote and complete that. objection? sufficient second? Without objection, it is so ordered. We have scheduled another vote right There is a sufficient second. at 5:30. We are going to finish this bill The clerk will call the roll. f tonight. If people have amendments, The bill clerk called the roll. RECESS they should offer them. Mr. DURBIN. I announce that the Mr. BINGAMAN. Mr. President, I ask These two managers have worked ex- Senator from Delaware (Mr. BIDEN), tremely hard to finish this bill. This unanimous consent that the Senate the Senator from South Dakota (Mr. stand in recess until 5:30 p.m. will be a feather in the cap for biparti- JOHNSON), and the Senator from West sanship. We are going to stay here to- There being no objection, the Senate, Virginia (Mr. ROCKEFELLER) are nec- at 4:10 p.m., recessed until 5:30 p.m. and night until we finish this bill. We have, essarily absent. as I understand it, about three amend- reassembled when called to order by Mr. LOTT. The following Senators the Presiding Officer (Mr. OBAMA). ments left after we do this one, but we are necessarily absent: the Senator f should all have the opportunity to go from Kansas (Mr. BROWNBACK), the to that briefing. So we will be back Senator from Arizona (Mr. MCCAIN), AMERICA COMPETES ACT— here at 5:30 after this next vote. and the Senator from Arkansas Mr. Continued The PRESIDING OFFICER. The Sen- (STEVENS). ator from New Mexico is recognized. AMENDMENTS NOS. 915, AS MODIFIED; 916, AS The PRESIDING OFFICER. Are there MODIFIED; 924, AS MODIFIED; 926, AS MODIFIED; AMENDMENT NO. 942 any other Senators in the Chamber de- 944, AS MODIFIED; 950, 951, 952, AS MODIFIED; 957, Mr. BINGAMAN. Mr. President, I ask siring to vote? AS MODIFIED; 958, 965, AS MODIFIED; 970, AS unanimous consent that the Kohl The result was announced—yeas 27, MODIFIED; 975, 977, AND 980 amendment No. 942 be the pending nays 67, as follows: The PRESIDING OFFICER. The Sen- amendment. [Rollcall Vote No. 143 Leg.] ator from New Mexico. The PRESIDING OFFICER. Without Mr. BINGAMAN. Mr. President, we objection, it is so ordered. YEAS—27 have a managers’ package of amend- Mr. BINGAMAN. I am informed that Allard Ensign Lott ments which have been cleared and Bayh Enzi Martinez additional debate on this amendment is Burr Graham McCaskill which are at the desk. Some are in not needed and that there is no request Chambliss Grassley Sessions modified form. Let me go through the for a rollcall vote, so I ask we proceed Coburn Gregg Shelby list and then ask consent for their ap- Corker Hagel Specter to a voice vote on this amendment. Cornyn Inhofe Sununu proval: The PRESIDING OFFICER. The DeMint Isakson Thomas Amendment No. 915, as modified, by question is on agreeing to amendment Dole Kyl Thune Senator GRASSLEY; amendment No. 916, No. 942. NAYS—67 as modified, by Senator GRASSLEY; The amendment (No. 942) was agreed Akaka Brown Clinton amendment No. 924, as modified, by to. Alexander Bunning Cochran Senator OBAMA; amendment No. 926, as Mr. BINGAMAN. I move to recon- Baucus Byrd Coleman modified, by Senator MENENDEZ; sider the vote. Bennett Cantwell Collins amendment No. 944, as modified, by Bingaman Cardin Conrad Mr. BOND. I move to lay that motion Bond Carper Craig Senator COLEMAN; amendment No. 950 on the table. Boxer Casey Crapo by Senator BAUCUS; amendment No. 951

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.019 S25APPT1 hmoore on PRODPC68 with HMSENATE S5058 CONGRESSIONAL RECORD — SENATE April 25, 2007 by Senator BAUCUS; amendment No. (I) Another local educational agency; (A) SPECIAL CONSIDERATION.—In awarding 952, as modified, by Senator BAUCUS; (II) A community–based youth develop- grants under this section, the Secretary amendment No. 957, as modified, by ment organization with a demonstrated shall give special consideration to a State record of effectiveness in helping students educational agency that agrees, to the ex- Senator HATCH; amendment No. 958 by learn; tent possible, to enter into agreements with Senator DORGAN; amendment No. 965, (III) An institution of higher education; eligible entities that are consortia described as modified, by Senator MURRAY; (IV) An educational service agency; or in subsection (b)(2)(B)(iii) and that propose amendment No. 970, as modified, by (V) A for-profit educational provider, non- to target services to children in grades K–8. Senator FEINGOLD; amendment No. 975 profit organization, science center, museum, (B) GEOGRAPHIC DISTRIBUTION.—In awarding by Senator LANDRIEU; amendment No. or summer enrichment camp, that has been grants under this section, the Secretary 977 by Senator MURRAY; and amend- approved by the State educational agency to shall take into consideration an equitable provide the summer learning opportunity de- geographic distribution of the grants. ment No. 980 by Senators ALEXANDER scribed in subsection (d)(4)(A)(ii). (d) SUMMER LEARNING GRANTS.— and BINGAMAN. (3) ELIGIBLE STUDENT.—The term ‘‘eligible (1) USE OF GRANTS FOR SUMMER LEARNING I ask unanimous consent that these student’’ means a student who— GRANTS.— amendments, as modified, if modified, (A) is eligible for a free lunch under the (A) IN GENERAL.—Each State educational be agreed to and that the motion to re- Richard B. Russell National School Lunch agency that receives a grant under sub- consider be laid upon the table. Act (42 U.S.C. 1751 et seq.); and section (c) for a fiscal year shall use the The PRESIDING OFFICER. Without (B) is served by a local educational agency grant funds to provide summer learning objection, it is so ordered. identified by the State educational agency in grants for the fiscal year to eligible students The amendments were agreed to, as the application described in subsection (c)(2). in the State who desire to attend a summer (4) INSTITUTION OF HIGHER EDUCATION.—The learning opportunity offered by an eligible follows: term ‘‘institution of higher education’’ has entity that enters into an agreement with AMENDMENT NO. 915, AS MODIFIED the meaning given the term in section 101(a) the State educational agency under para- On page 120, strike lines 1 through 8, and of the Higher Education Act of 1965 (20 U.S.C. graph (4)(A). insert the following: 1001(a)). (B) AMOUNT; FEDERAL AND NON-FEDERAL (d) PRIORITY.—In awarding grants under (5) LOCAL EDUCATIONAL AGENCY.—The term SHARES.— this section, the Secretary shall give pri- ‘‘local educational agency’’ has the meaning (i) AMOUNT.—The amount of a summer ority to eligible entities that— given the term in section 9101 of the Elemen- learning grant provided under this section (1) are part of a statewide strategy for in- tary and Secondary Education Act of 1965 (20 shall be— creasing the availability of Advanced Place- U.S.C. 7801). (I) for each of the fiscal years 2008 through ment or International Baccalaureate courses (6) HIGH NEED LOCAL EDUCATIONAL AGEN- 2011, $1,600; and in mathematics, science, and critical foreign CY.—The term high-need local educational (II) for fiscal year 2012, $1,800. languages, and pre-Advanced Placement or agency means a local educational agency (as (ii) FEDERAL SHARE.—The Federal share of pre-International Baccalaureate courses in defined in section 9101 of the Elementary and each summer learning grant shall be not such subjects, in high-need schools; and Secondary Education Act of 1965)— more than 50 percent of the amount of the (2) make Advanced Placement math, (A) that serves not less than 10,000 children summer learning grant determined under science, and critical foreign language from low-income families; clause (i). courses available to students who are pre- (B) for which not less than 20 percent of (iii) NON-FEDERAL SHARE.—The non-Federal pared for such work in earlier grades than the children served by the agency are chil- share of each summer learning grant shall be traditionally made available. dren from low-income families; or not less than 50 percent of the amount of the On page 127, line 6, insert ‘‘by the grade the (C) with a total of not less than 600 stu- summer learning grant determined under student is enrolled in,’’ after ‘‘subject,’’. dents in average daily attendance at the clause (i), and shall be provided from non- On page 127, line 12, insert ‘‘by the grade schools that are served by the agency, and Federal sources. the student is enrolled in at the time of the all of whose schools are designated with a (2) DESIGNATION OF SUMMER SCHOLARS.—Eli- examination’’ before the semicolon. school locale code of 6, 7, or 8 as determined gible students who receive summer learning grants under this section shall be known as AMENDMENT NO. 916, AS MODIFIED by the Secretary of Education. (7) SECRETARY.—The term ‘‘Secretary’’ ‘‘summer scholars’’. On page 62, insert after line 14: means the Secretary of Education. (3) SELECTION OF SUMMER LEARNING OPPOR- (c) be of at least 2 weeks in duration. (8) STATE.—The term ‘‘State’’ means each TUNITY.— On page 63, after line 2 insert: of the several States of the United States, (A) DISSEMINATION OF INFORMATION.—A (3) STUDENT ACHIEVEMENT.—The Director the District of Columbia, the Commonwealth State educational agency that receives a may consider the academic achievement of of Puerto Rico, Guam, American Samoa, the grant under subsection (c) shall disseminate middle and secondary school students in de- United States Virgin Islands, the Common- information about summer learning opportu- termining eligibility under this section, in wealth of the Northern Mariana Islands, the nities and summer learning grants to the accordance with subsection (1) and (2). Republic of the Marshall Islands, the Fed- families of eligible students in the State. AMENDMENT NO. 924, AS MODIFIED erated States of Micronesia, and the Repub- (B) APPLICATION.—The parents of an eligi- On page 145, between lines 13 and 14, insert lic of Palau. ble student who are interested in having the following: (9) STATE EDUCATIONAL AGENCY.—The term their child participate in a summer learning SEC. 3202. SUMMER TERM EDUCATION PRO- ‘‘State educational agency’’ has the meaning opportunity and receive a summer learning GRAMS. given the term in section 9101 of the Elemen- grant shall submit an application to the (a) PURPOSE.—The purpose of this section tary and Secondary Education Act of 1965 (20 State educational agency that includes a is to create opportunities for summer learn- U.S.C. 7801). ranked list of preferred summer learning op- ing by providing students with access to (c) DEMONSTRATION GRANT PROGRAM.— portunities. summer learning in mathematics, tech- (1) PROGRAM AUTHORIZED.— (C) PROCESS.—A State educational agency nology, and problem-solving to ensure that (A) IN GENERAL.—From the funds appro- that receives an application under subpara- students do not experience learning losses priated under subsection (f) for a fiscal year, graph (B) shall— over the summer and to remedy, reinforce, the Secretary shall carry out a demonstra- (i) process such application; and accelerate the learning of mathematics tion grant program in which the Secretary (ii) determine whether the eligible student and problem-solving. awards grants, on a competitive basis, to shall receive a summer learning grant; (b) DEFINITIONS.—In this section: State educational agencies to enable the (iii) coordinate the assignment of eligible (1) EDUCATIONAL SERVICE AGENCY.—The State educational agencies to pay the Fed- students receiving summer learning grants term ‘‘educational service agency’’ has the eral share of summer learning grants for eli- with summer learning opportunities; and meaning given the term in section 9101 of the gible students. (iv) if demand for a summer learning op- Elementary and Secondary Education Act of (B) NUMBER OF GRANTS.—For each fiscal portunity exceeds capacity, the State edu- 1965 (20 U.S.C. 7801). year, the Secretary shall award not more cational agency shall prioritize applications (2) ELIGIBLE ENTITY.—The term ‘‘eligible than 5 grants under this section. to low-achieving eligible students. entity’’ means an entity that— (2) APPLICATION.—A State educational (D) FLEXIBILITY.—A State educational (A) desires to participate in a summer agency that desires to receive a grant under agency may assign a summer scholar to a learning grant program under this section by this section shall submit an application to summer learning opportunity program that providing summer learning opportunities de- the Secretary at such time, in such manner, is offered in an area served by a local edu- scribed in subsection (d)(4)(A)(ii) to eligible and accompanied by such information as the cational agency that is not the local edu- students; and Secretary may require. Such application cational agency serving the area where such (B) is— shall identify the areas in the State where scholar resides. (i) a high-need local educational agency; or the summer learning grant program will be (E) REQUIREMENT OF ACCEPTANCE.—An eli- (ii) a consortium consisting of a high-need offered and the local educational agencies gible entity shall accept, enroll, and provide local educational agency and 1 or more of that serve such areas. the summer learning opportunity of such en- the following entities: (3) AWARD BASIS.— tity to, any summer scholar assigned to such

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(2) REPORT.—For each year funds are ap- ‘‘(III) includes a business or eligible non- (4) AGREEMENT WITH ELIGIBLE ENTITY.— propriated under subsection (f) for this sec- profit organization; and (A) IN GENERAL.—A State educational tion, the Secretary shall prepare and submit ‘‘(IV) may include a State educational agency shall enter into an agreement with a report to the HELP Committee of the Sen- agency, other public agency, National Lab- one or more eligible entities offering a sum- ate and the Education & Labor Committee of oratory, or community-based organization. mer learning opportunity, under which— the House on the summer learning grant pro- ‘‘(iii) FEDERAL SHARE.—The Federal share (i) the State educational agency shall grams, including the effectiveness of the of the cost of activities carried out using agree to make payments to the eligible enti- summer learning opportunities in improving amounts from a grant under clause (i) shall ty, in accordance with subparagraph (B), for student achievement and learning. not exceed 30 percent.’’. a summer scholar; and (3) SUMMER LEARNING GRANTS WEBSITE.— (c) REPORT.—The Director of the National (ii) the eligible entity shall agree to pro- The Secretary shall make accessible, on the Science Foundation shall evaluate the effec- vide the summer scholar with a summer Department of Education website, informa- tiveness of activities carried out under the learning opportunity that— tion for parents and school personnel on suc- pilot projects funded by the grant program (I) provides a total of not less than the cessful programs and curricula, and best established pursuant to the amendment equivalent of 30 full days of instruction (or practices, for summer learning opportuni- made by subsection (b) in improving student not less than the equivalent of 25 full days of ties. performance in mathematics, science, engi- instruction, if the equivalent of an addi- (f) AUTHORIZATION OF APPROPRIATIONS.— neering, and technology and recommend tional 5 days is devoted to field trips or other There are authorized to be appropriated to whether such activities should continue. A enrichment opportunities) to the summer carry out this section such sums as may be report documenting the results of that eval- scholar; necessary for fiscal year 2008 through fiscal uation shall be submitted to the Committee (II) employs small-group, research-based year 2012. on Commerce, Science, and Transportation educational programs, materials, curricula, AMENDMENT NO. 926, AS MODIFIED and the Committee on Health, Education, and practices; (b) GRANT PROGRAM.—Section 8(8) of the Labor, and Pensions of the Senate and the (III) provides a curriculum that— Committee on Science and Technology of the (aa) emphasizes mathematics, technology, National Science Foundation Authorization Act of 2002 (Public Law 107–368) is amended— House of Representatives not later than 3 engineering, and problem-solving through years after the date of enactment of this experiential learning opportunities; (1) by redesignating subparagraphs (A) through (F) as clauses (i) through (vi), re- Act. The report shall identify best practices (bb) is primarily designed to increase the and materials for the classroom developed numeracy and problem-solving skills of the spectively, and indenting appropriately; (2) by moving the flush language at the end and demonstrated by grant awardees. summer scholar; and (d) SUNSET.—The provisions of this section 2 ems to the right; (cc) is aligned with State academic content shall cease to have force or effect at the be- (3) in the flush language at the end, by standards and goals of the local educational ginning of fiscal year 2012. striking ‘‘paragraph’’ and inserting ‘‘sub- agency serving the summer scholar; (e) AUTHORIZATION OF APPROPRIATIONS.— paragraph’’; (IV) measures student progress to deter- There are authorized to be appropriated to (4) by striking ‘‘INITIATIVE.—A program of’’ mine the gains made by summer scholars in the National Science Foundation to carry and inserting ‘‘INITIATIVE.— the summer learning opportunity, and out this section and the amendments made ‘‘(A) IN GENERAL.—A program of’’; and disaggregates the results of such progress for by this section such sums for fiscal year 2008 (5) by inserting at the end the following: summer scholars by race and ethnicity, eco- and each of the 3 succeeding fiscal years. ‘‘(B) PILOT PROGRAM.— nomic status, limited English proficiency AMENDMENT NO. 944, AS MODIFIED status, and disability status, in order to de- ‘‘(i) IN GENERAL.—In accordance with sub- At the end of Division C, insert the fol- termine the opportunity’s impact on each paragraph (A)(v), the Director shall establish lowing: subgroup of summer scholars; a pilot program designated as ‘Partnerships (V) collects daily attendance data on each for Access to Laboratory Science’ to award TITLE l—MATHEMATICS AND SCIENCE summer scholar; grants to partnerships to pay the Federal PARTNERSHIP BONUS GRANTS. (VI) provides professional development op- share of the costs of improving laboratories SEC. l01. MATHEMATICS AND SCIENCE PART- portunities for teachers to improve their and providing instrumentation as part of a NERSHIP BONUS GRANTS. practice in teaching numeracy, and in inte- comprehensive program to enhance the qual- (a) IN GENERAL.—From amounts appro- grating problem-solving techniques into the ity of mathematics, science, engineering, priated under subsection (d), the Secretary curriculum; and and technology instruction at the secondary of Education shall award a grant— (VII) meets all applicable Federal, State, school level. Grants under this subparagraph (1) for each of the school years 2007–2008 and local civil rights laws. may be used for— through 2010–2011, to each of the 3 elemen- (B) AMOUNT OF PAYMENT.— ‘‘(I) purchase, rental, or leasing of equip- tary schools and each of the 3 secondary (i) IN GENERAL.—Except as provided in ment, instrumentation, and other scientific schools each of which has a high concentra- clause (ii), a State educational agency shall educational materials; tion of low income students as defined in sec- make a payment to an eligible entity for a ‘‘(II) Acquire appropriate nanotechnology tion 1707(2) of the Elementary and Secondary summer scholar in the amount determined equipment and software designed for teach- Education Act of 1965 (20 U.S.C. 6537(3)) in under paragraph (1)(B)(i). ing students about nanotechnology in the each State, whose students demonstrate the (ii) ADJUSTMENT.—In the case in which a classroom; most improvement in mathematics, as meas- summer scholar does not attend the full ‘‘(III) professional development and train- ured by the improvement in the students’ av- summer learning opportunity, the State edu- ing for teachers aligned with activities sup- erage score on the State’s assessments in cational agency shall reduce the amount pro- ported under section 2123 of the ESEA of mathematics for the school year for which vided to the eligible entity pursuant to 1965; the grant is awarded, as compared to the clause (i) by a percentage that is equal to the ‘‘(IV) development of instructional pro- school year preceding the school year for percentage of the summer learning oppor- grams designed to integrate the laboratory which the grant is awarded; and tunity not attended by such scholar. experience with classroom instruction and to (2) for each of the school years 2008–2009 (7) ADMINISTRATIVE COSTS.—A State edu- be consistent with State mathematics and through 2010–2011, to each of the 3 elemen- cational agency or eligible entity receiving science, and to the extent applicable, tech- tary schools and each of the 3 secondary funding under this section may use not more nology and engineering, academic achieve- schools each of which has a high concentra- than 5 percent of such funding for adminis- ment standards; tion of low income students as defined in sec- trative costs associated with carrying out ‘‘(V) training in laboratory safety for rel- tion 1707(2) of the Elementary and Secondary this section. evant school personnel; Education Act of 1965 (20 U.S.C. 6537(3)) in (e) EVALUATIONS; REPORT; WEBSITE.— ‘‘(VI) design and implementation of hands- each State, whose students demonstrate the (1) EVALUATION AND ASSESSMENT.—For each on laboratory experiences to encourage the most improvement in science, as measured year that an eligible entity enters into an interest of individuals identified in section by the improvement in the students’ average agreement under subsection (d)(4), the eligi- 33 or 34 of the Science and Engineering Equal score on the State’s assessments in science ble entity shall prepare and submit to the Opportunities Act (42 U.S.C. 1885a or 1885b) in for the school year for which the grant is Secretary a report on the activities and out- mathematics, science, engineering, and tech- awarded, as compared to the school year pre- comes of each summer learning opportunity nology and help prepare such individuals to ceding the school year for which the grant is that enrolled a summer scholar, including— pursue postsecondary studies in these fields; awarded. (A) information on the design of the sum- and (b) GRANT AMOUNT.—The amount of each mer learning opportunity; ‘‘(VII) assessment of the activities funded grant awarded under this section shall be (B) the alignment of the summer learning under this subparagraph. $50,000. opportunity with State standards; and ‘‘(ii) PARTNERSHIP.—Grants awarded under SEC. l02. AUTHORIZATION OF APPROPRIATIONS. (C) data from assessments of student math- clause (i) shall be to a partnership that— There are authorized to be appropriated to ematics and problem-solving skills for the ‘‘(I) includes an institution of higher edu- carry out this section such sums for fiscal summer scholars and on the attendance of cation or a community college; years 2008 through 2011.

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AMENDMENT NO. 950 On page 109, line 24, insert before the semi- gible to receive funds, and that is receiving (Purpose: To provide that 21st century learn- colon the following: ‘‘, or how a department funds, under part A of title I of the Elemen- ing skills are included in the alignment of or school with a competency-based degree tary and Secondary Education Act of 1965 (20 education programs) program has ensured, in the development of U.S.C. 6311 et seq.). On page 163, between lines 6 and 7, insert a master’s degree program, the provision of (2) MATHEMATICS COACH.—The term ‘‘math- the following: rigorous studies in mathematics, science, or ematics coach’’ means a certified or licensed (v) incorporating 21st century learning a critical foreign language that enhance the teacher, with a demonstrated effectiveness skills into the State plan, which skills shall teachers’ content knowledge and teaching in teaching mathematics to students with include critical thinking, problem solving, skills’’. specialized needs in mathematics and im- communication, collaboration, global aware- AMENDMENT NO. 958 proving student academic achievement in ness, and business and financial literacy. mathematics, a command of mathematical (Purpose: To provide for a feasibility study content knowledge, and the ability to work AMENDMENT NO. 951 with regard to a free online college degree with classroom teachers to improve the (Purpose: To allow distance learning projects program) teachers’ instructional techniques to support as an optional activity for the foreign lan- At the appropriate place, insert the fol- mathematics improvement, who works on guage partnership program) lowing: site at a school— On page 153, between lines 12 and 13, insert SEC. . FEASIBILITY STUDY ON FREE ONLINE (A) to train teachers to better assess stu- the following: COLLEGE DEGREE PROGRAM. dent learning in mathematics; (M) distance learning projects for critical (a) IN GENERAL.—Not later than 90 days (B) to train teachers to assess students’ foreign language learning. after the date of enactment of this Act, the mathematics skills and identify students Secretary of Commerce shall enter into a AMENDMENT NO. 952, AS MODIFIED who need remediation; and contract with the National Academy of (C) to provide or assess remedial mathe- At the end, add the following: Sciences to conduct and complete a feasi- matics instruction, including for— DIVISION E—GENERAL PROVISIONS bility study on creating a national, free on- (i) students in after-school and summer SEC. 5001. COLLECTION OF DATA RELATING TO line college degree program that would be school programs; TRADE IN SERVICES. available to all individuals described under (ii) students requiring additional instruc- (a) IN GENERAL.—Not later than 90 days section 484(a)(5) of the Higher Education Act tion; after the date of the enactment of this Act, of 1965 (20 U.S.C. 1091(a)(5)) who wish to pur- (iii) students with disabilities; and the Secretary of Commerce shall establish a sue a degree in a field of strategic impor- (iv) students with limited English pro- program within the Bureau of Economic tance to the United States and where exper- ficiency. Analysis to collect and study data relating tise is in demand, such as mathematics, (3) SECONDARY SCHOOL.—The term ‘‘sec- to export and import of services. As part of sciences, and foreign languages. The study ondary school’’ means a school that provides the program, the Secretary shall annually— shall look at the need for a free college de- secondary education, as determined under (1) provide data collection and analysis re- gree program as well as the feasibility of— State law. lating to export and import of services; (1) developing online course content; (4) SECRETARY.—The term ‘‘Secretary’’ (2) collect and analyze data for service im- (2) developing sufficiently rigorous tests to means the Secretary of Education. ports and exports in not less than 40 service determine mastery of a field of study; and (c) AUTHORIZATION OF APPROPRIATIONS.— industry categories, on a state-by-state (3) sustaining the program through private There are authorized to be appropriated to basis; funding. carry out this section such sums as be nec- (3) include data collection and analysis of (b) STUDY.—The study described in sub- essary for fiscal year 2008 and each of the 3 the employment effects of exports and im- section (a) shall also include a review of ex- succeeding fiscal years. ports on the service industry; and isting online education programs to deter- (d) GRANTS AUTHORIZED.— (4) integrate ongoing and planned data col- mine the extent to which these programs (1) IN GENERAL.—From funds appropriated lection and analysis initiatives in research offer a rigorous curriculum in areas like under subsection (c) for a fiscal year, the and development and innovation. mathematics and science and the National Secretary shall establish a program, in ac- (b) AUTHORIZATION OF APPROPRIATIONS.— Academy of Sciences shall make rec- cordance with the requirements of this sec- There are authorized to be appropriated to ommendations for how online degree pro- tion, that will provide grants on a competi- the Department of Commerce such sums for grams can be assessed and accredited. tive basis to State educational agencies to each of the fiscal years 2008, 2009, 2010, 2011, (c) AUTHORIZATION OF APPROPRIATIONS.— award grants and subgrants to eligible local 2012, to carry out the provisions of this sec- There are authorized to be appropriated to educational agencies for the purpose of es- tion. carry out this section $500,000 for fiscal year tablishing mathematics programs to im- AMENDMENT NO. 957, AS MODIFIED 2008. prove the overall mathematics performance On page 99, line 5, strike ‘‘critical foreign of secondary school students in the State. AMENDMENT NO. 965, AS MODIFIED language’’ and insert the following: ‘‘a crit- (2) LENGTH OF GRANT.—A grant to a State ical foreign language, or on behalf of a de- At the end of title II of division C, insert educational agency under this section shall partment or school with a competency-based the following: be awarded for a period of 4 years. degree program (in mathematics, engineer- SEC. 3202. MATH SKILLS FOR SECONDARY (e) RESERVATION OF FUNDS BY THE SEC- ing, science, or a critical foreign language) SCHOOL STUDENTS. RETARY.—From amounts appropriated under that includes teacher certification,’’. (a) The purposes of this section are— subsection (c) for a fiscal year, the Secretary Beginning on page 100, strike line 16 and (1) to provide assistance to State edu- may reserve— all that follows through page 101, line 3, and cational agencies and local educational (1) not more than 3 percent of such insert the following: agencies in implementing effective research- amounts to fund national activities in sup- (ii)(I)(aa) a department within the eligible based mathematics programs for students in port of the programs assisted under this sec- recipient that provides a program of study in secondary schools, including students with tion, such as research and dissemination of mathematics, engineering, science, or a crit- disabilities and students with limited best practices, except that the Secretary ical foreign language; and English proficiency; may not use the reserved funds to award (bb) a school or department within the eli- (2) to improve instruction in mathematics grants directly to local educational agencies; gible recipient that provides a teacher prepa- for students in secondary school through the and ration program, or a 2-year institution of implementation of mathematics programs (2) not more than 1⁄2 of 1 percent of such higher education that has a teacher prepara- and the support of comprehensive mathe- amounts for the Bureau of Indian Education tion offering or a dual enrollment program matics initiatives that are based on the best of the Department of the Interior to carry with the eligible recipient; or available evidence of effectiveness; out the services and activities described in (II) a department or school within the eli- (3) to provide targeted help to low-income subsection (l)(3) for Indian children. gible recipient with a competency-based de- students who are struggling with mathe- (f) GRANT FORMULAS.— gree program (in mathematics, engineering, matics and whose achievement is signifi- (1) COMPETITIVE GRANTS TO STATE EDU- science, or a critical foreign language) that cantly below grade level; and CATIONAL AGENCIES.—From amounts appro- includes teacher certification; and (4) to provide in-service training for math- priated under subsection (c) and not reserved (iii) not less than 1 high-need local ematics coaches who can assist secondary under subsection (e), the Secretary shall On page 103, line 13, insert before the semi- school teachers to utilize research-based award grants, on a competitive basis, to colon the following: ‘‘or how a department or mathematics instruction to develop and im- State educational agencies to enable the school participating in the partnership with prove students’ mathematical abilities and State educational agencies to provide sub- a competency-based degree program has en- knowledge, and assist teachers in assessing grants to eligible local educational agencies sured, in the development of a baccalaureate and improving student academic achieve- to establish mathematics programs for the degree program in mathematics, science, en- ment. purpose of improving overall mathematics gineering, or a critical foreign language, the (b) DEFINITIONS.—In this section: performance among students in secondary provision of concurrent teacher certifi- (1) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— school in the State. cation, including providing student teaching The term ‘‘eligible local educational agency’’ (2) MINIMUM GRANT.—The Secretary shall and other clinical classroom experiences’’. means a local educational agency that is eli- ensure that the minimum grant made to any

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state educational agency under this section (ix) How the State educational agency will (k) SUPPLEMENT NOT SUPPLANT.—Each shall be not less than $500,000. regularly assess and evaluate the effective- State educational agency receiving a grant (g) APPLICATIONS.— ness of the eligible local educational agency under this section shall use the grant funds (1) IN GENERAL.—In order to receive a grant activities funded under this section. to supplement, not supplant, State funding under this section, a State educational agen- (h) STATE USE OF FUNDS.—Each State edu- for activities authorized under this section cy shall submit an application to the Sec- cational agency receiving a grant under this or for other educational activities. section shall— (l) SUBGRANTS TO ELIGIBLE LOCAL EDU- retary at such time, in such manner, and ac- (1) establish a peer review team comprised CATIONAL AGENCIES.— companied by such information as the Sec- of researchers with expertise in the pedagogy (1) APPLICATION.— retary may require. Each such application of mathematics, mathematicians, and math- (A) IN GENERAL.—Each eligible local edu- shall meet the following conditions: ematics educators from high-risk, high- cational agency desiring a subgrant under (A) A State educational agency shall not achievement schools, to provide guidance to this subsection shall submit an application include the application for assistance under eligible local educational agencies in select- to the State educational agency in the form this section in a consolidated application ing or developing and implementing appro- and according to the schedule established by submitted under section 9302 of the Elemen- priate, research-based mathematics pro- the State educational agency. tary and Secondary Education Act of 1965 (20 grams for secondary school students; (B) CONTENTS.—In addition to any informa- U.S.C. 7842). (2) use 80 percent of the grant funds re- tion required by the State educational agen- (B) The State educational agency’s appli- ceived under this section for a fiscal year to cy, each application under paragraph (1) cation shall include assurances that such ap- fund high-quality applications for subgrants shall demonstrate how the eligible local edu- plication and any technical assistance pro- to eligible local educational agencies having cational agency will carry out the following vided by the State will be guided by a peer applications approved under subsection (l); required activities: review team, which shall consist of— and (i) Development or selection and imple- (i) researchers with expertise in the peda- (3) use 20 percent of the grant funds re- mentation of research-based mathematics gogy of mathematics; ceived under this section— assessments. (ii) mathematicians; and (A) to carry out State-level activities de- (ii) Development or selection and imple- (iii) mathematics educators serving high- scribed in the application submitted under mentation of research-based mathematics risk, high-achievement schools and eligible subsection (g); programs, including programs for students local educational agencies. (B) to provide— with disabilities and students with limited (C) The State educational agency will par- (i) technical assistance to eligible local English proficiency. ticipate, if requested, in any evaluation of educational agencies; and (iii) Selection of instructional materials the State educational agency’s program (ii) high-quality professional development based on mathematics research. under this section. to teachers and mathematics coaches in the (iv) High-quality professional development (D) The State educational agency’s appli- State; for mathematics coaches and teachers based cation shall include a program plan that con- (C) to oversee and evaluate subgrant serv- on mathematics research. tains a description of the following: ices and activities undertaken by the eligible (v) Evaluation and assessment strategies. (i) How the State educational agency will local educational agencies as described in (vi) Reporting. assist eligible local educational agencies in subsection (l)(3); and (vii) Providing access to research-based implementing subgrants, including providing (D) for administrative costs, of which not mathematics materials. ongoing professional development for mathe- more than 5 percent of the grant funds may (C) CONSORTIA.—Consistent with State law, matics coaches, teachers, paraprofessionals, be used for planning, administration, and re- an eligible local educational agency may and administrators. porting. apply to the State educational agency for a (ii) How the State educational agency will (i) NOTICE TO ELIGIBLE LOCAL EDUCATIONAL subgrant as a member of a consortium of help eligible local educational agencies iden- AGENCIES.—Each State educational agency local educational agencies if each member of tify high-quality screening, diagnostic, and receiving a grant under this section shall the consortium is an eligible local edu- classroom-based instructional mathematics provide notice to all eligible local edu- cational agency. assessments. cational agencies in the State about the (2) AWARD BASIS.— (iii) How the State educational agency will availability of subgrants under this section. (A) PRIORITY.—A State educational agency help eligible local educational agencies iden- (j) PROHIBITIONS.— awarding subgrants under this subsection tify high-quality research-based mathe- (1) IN GENERAL.—In implementing this sec- shall give priority to eligible local edu- matics materials and programs. tion, the Secretary shall not— cational agencies that— (iv) How the State educational agency will (A) endorse, approve, or sanction any (i) are among the local educational agen- help eligible local educational agencies iden- mathematics curriculum designed for use in cies in the State with the lowest graduation tify appropriate and effective materials, pro- any school; or rates, as described in section 1111(b)(2)(C)(vi) grams, and assessments for students with (B) engage in oversight, technical assist- of the Elementary and Secondary Education disabilities and students with limited ance, or activities that will require the adop- Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)); and English proficiency. tion of a specific mathematics program or (ii) have the highest number or percentage (v) How the State educational agency will instructional materials by a State, local of students who are counted under section ensure that professional development funded educational agency, or school. 1124(c) of the Elementary and Secondary under this section— (2) CONFLICT OF INTEREST.—Any federal em- Education Act of 1965 (20 U.S.C. 6333(c)). (I) is based on mathematics research; ployee, contractor, or subcontractor in- (B) AMOUNT OF GRANTS.—Subgrants under (II) will effectively improve instructional volved in the administration, implementa- this subsection shall be of sufficient size and practices for mathematics for secondary tion, or provision of oversight or technical scope to enable eligible local educational school students; assistance duties or activities under this sec- agencies to fully implement activities as- (III) will improve student academic tion shall— sisted under this subsection. achievement in mathematics; and (A) disclose to the Secretary any financial (3) LOCAL USE OF FUNDS.—Each eligible (IV) is coordinated with professional devel- ties to publishers, entities, private individ- local educational agency receiving a opment activities funded through other pro- uals, or organizations that will benefit from subgrant under this subsection shall use the grams, including section 2113 of the Elemen- funds provided under this section; and subgrant funds to carry out, at the sec- tary and Secondary Education Act of 1965 (20 (B) be prohibited from maintaining signifi- ondary school level, the following services U.S.C. 6613). cant financial interests in areas directly re- and activities: (vi) How funded activities will help teach- lated to duties or activities under this sec- (A) Hiring mathematics coaches and pro- ers and other instructional staff to imple- tion, unless granted a waiver by the Sec- viding professional development for mathe- ment research-based components of mathe- retary. matics coaches— matics instruction and improve student aca- (3) REPORTING.—The Secretary shall report (i) at a level to provide effective coaching demic achievement. annually to the Committee on Health, Edu- to classroom teachers; (vii) The subgrant process the State edu- cation, Labor, and Pensions of the Senate, (ii) to work with classroom teachers to cational agency will use to ensure that eligi- and the Committee on Education and Labor better assess student academic achievement ble local educational agencies receiving sub- of the House of Representatives, on each of in mathematics; grants implement programs and practices the waivers granted under paragraph (2)(B). (iii) to work with classroom teachers to based on mathematics research. (4) RULE OF CONSTRUCTION.—Nothing in this identify students with mathematics prob- (viii) How the State educational agency section shall be construed to authorize or lems and, where appropriate, refer students will build on and promote coordination permit the Secretary, Department of Edu- to available programs for remediation and among mathematics programs in the State cation, or a Department of Education con- additional services; to increase overall effectiveness in improv- tractor, to mandate, direct, control, or sug- (iv) to work with classroom teachers to di- ing mathematics instruction and student gest the selection of a mathematics cur- agnose and remediate mathematics difficul- academic achievement, including for stu- riculum, supplemental instructional mate- ties of the lowest-performing students, so dents with disabilities and students with rials, or program of instruction by a State, that those teachers can provide intensive, re- limited English proficiency. local educational agency, or school. search-based instruction, including during

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.045 S25APPT1 hmoore on PRODPC68 with HMSENATE S5062 CONGRESSIONAL RECORD — SENATE April 25, 2007 after-school and summer sessions, geared to- (A) the application of the matching re- the purposes and functions for use of such in- ward ensuring that those students can access quirement will result in serious hardship for formation set forth in Federal or State law and be successful in rigorous academic the State educational agency; or regarding education and allow access to the coursework; and (B) providing a waiver best serves the pur- information in the statewide data system (v) to assess and organize student data on pose of the program assisted under this sec- only to those State employees, and only on mathematics and communicate that data to tion. such terms, as may be necessary to fulfill school administrators to inform school re- (n) PROGRAM PERFORMANCE AND ACCOUNT- those purposes and functions; form efforts. ABILITY.— (II) prohibit the disclosure of information (B) Reviewing, analyzing, developing, and, (1) INFORMATION.—Each State educational in the statewide P–16 education data system where possible, adapting curricula to make agency receiving a grant under this section to any other person, agency, institution, or sure mathematics skills are taught within shall collect and report to the Secretary an- entity, except to the extent necessary to as- other core academic subjects. nually such information on the results of the sist the State in fulfilling the purposes and (C) Providing mathematics professional de- grant as the Secretary may reasonably re- functions for use of such information set velopment for all relevant teachers in sec- quire, including information on— forth in Federal or State law regarding edu- ondary school, as necessary, that addresses (A) mathematics achievement data that cation, and only if such party has signed a both remedial and higher level mathematics show the progress of students participating data use agreement that— skills for students in the applicable cur- in projects under this section (including, to (aa) prohibits the party from further dis- riculum. the extent practicable, comparable data closing the information; (D) Providing professional development for from students not participating in such (bb) prohibits the party from using the in- teachers, administrators, and paraprofes- projects), based primarily on the results of formation for any purpose other than the sionals serving secondary schools to help the State, school districtwide, or classroom- purpose specified in the agreement, which teachers, administrators, and paraprofes- based monitoring reports or assessments, in- purpose must relate to assisting the State in sionals improve student academic achieve- cluding— carrying out the purposes and functions for ment in mathematics. (i) specific identification of those schools use of such information set forth in Federal (E) Procuring and implementing programs and eligible local educational agencies that or State law regarding education; and and instructional materials based on mathe- report the largest gains in mathematics (cc) requires the party to destroy the infor- matics research, including software and achievement; and mation when the purpose for which the dis- other education technology related to math- (ii) evidence on whether the State edu- closure was made is accomplished; ematics instruction with demonstrated effec- cational agency and eligible local edu- (III) keep an accurate accounting of the tiveness in improving mathematics instruc- cational agencies within the State have— date, nature, and purpose of each disclosure tion and student academic achievement. (I) significantly increased the number of of information in the statewide P–16 edu- (F) Building on and promoting coordina- students achieving at the proficient or ad- cation data system, and the name and ad- tion among mathematics programs in the el- vanced level on the State student academic dress of the person, agency, institution, or igible local educational agency to increase achievement standards in mathematics entity to whom the disclosure is made, overall effectiveness in— under section 1111(b)(1)(D)(ii) of the Elemen- which accounting shall be made available on (i) improving mathematics instruction; tary and Secondary Education Act of 1965 (20 request to parents of any student whose in- and U.S.C. 6311(b)(1)(D)(ii)); formation has been disclosed; (ii) increasing student academic achieve- (II) significantly increased the percentages (IV) maintain adequate security measures ment, including for students with disabilities of students described in section to ensure the confidentiality and integrity of and students with limited English pro- 1111(b)(2)(C)(v)(II) of the Elementary and the data system; ficiency. Secondary Education Act of 1965 (20 U.S.C. (V) ensure that the statewide P–16 edu- (G) Evaluating the effectiveness of the in- 6311(b)(2)(C)(v)(II)) who are achieving pro- cation data system meets any further re- structional strategies, teacher professional ficiency or advanced levels on such State quirements of the Family Educational development programs, and other interven- academic content standards in mathematics; Rights and Privacy Act of 1974 (20 U.S.C. tions that are implemented under the (III) significantly increased the number of 1232g); subgrant; and students making significant progress toward (VI) where rights are provided to parents (H) Measuring improvement in student meeting such State academic content and under this clause, provide those rights to the academic achievement, including through achievement standards in mathematics; and student instead of the parent if the student progress monitoring or other assessments. (IV) successfully implemented this section; has reached the age of 18 or is enrolled in a (4) SUPPLEMENT NOT SUPPLANT.—Each eligi- (B) the percentage of students in the postsecondary educational institution; and ble local educational agency receiving a schools served by the eligible local edu- (VII) ensure adequate enforcement of the subgrant under this subsection shall use the cational agency who enroll in advanced requirements of this clause. subgrant funds to supplement, not supplant, mathematics courses in grades 9 through 12, (ii) USE OF UNIQUE IDENTIFIERS.— the eligible local educational agency’s fund- including the percentage of such students (I) GOVERNMENTAL USE OF UNIQUE IDENTI- ing for activities authorized under this sec- who pass such courses; and FIERS.—It shall be unlawful for any Federal, tion or for other educational activities. (C) the progress made in increasing the State, or local governmental agency to use (5) NEW SERVICES AND ACTIVITIES.— quality and accessibility of professional de- the unique identifiers employed in the state- Subgrant funds provided under this sub- velopment and leadership activities in math- wide P–16 education data systems for any section may be used only to provide services ematics, especially activities resulting in purpose other than as authorized by Federal and activities authorized under this section greater content knowledge and expertise of or State law regarding education, or to deny that were not provided on the day before the teachers, administrators, and other school any individual any right, benefit, or privi- date of enactment of this Act. staff, except that the Secretary shall not re- lege provided by law because of such individ- (6) EVALUATIONS.—Each eligible local edu- quire such information until after the third ual’s refusal to disclose the individual’s cational agency receiving a grant under this year of a grant awarded under this section. unique identifier. subsection shall participate, as requested by (2) REPORTING AND DISAGGREGATION.—The (II) REGULATIONS.—Not later than 180 days the State educational agency or the Sec- information required under paragraph (1) after the date of enactment of this Act, the retary, in reviews and evaluations of the pro- shall be— Secretary of Education shall promulgate grams of the eligible local educational agen- (A) reported in a manner that allows for a regulations governing the use by govern- cy and the effectiveness of such programs, comparison of aggregated score differentials mental and non-governmental entities of the and shall provide such reports as are re- of student academic achievement before (to unique identifiers employed in statewide P– quested by the State educational agency and the extent feasible) and after implementa- 16 education data systems, including, where the Secretary. tion of the project assisted under this sec- necessary, regulations requiring States de- (m) MATCHING REQUIREMENTS.— tion; and siring grants for statewide P–16 education (1) STATE EDUCATIONAL AGENCY REQUIRE- (B) disaggregated in the same manner as data systems under this section to imple- MENTS.—A State educational agency that re- information is disaggregated under section ment specified measures, with the goal of ceives a grant under this section shall pro- 1111(h)(1)(C)(i) of the Elementary and Sec- safeguarding individual privacy to the max- vide, from non-Federal sources, an amount ondary Education Act of 1965 (20 U.S.C. imum extent practicable consistent with the equal to 50 percent of the amount of the 6311(h)(1)(C)(i)). uses of the information authorized in this grant, in cash or in-kind, to carry out the ac- AMENDMENT NO. 970, AS MODIFIED Act or other Federal or State law regarding tivities supported by the grant, of which not On page 164, strike lines 11 through 22 and education. more than 20 percent of such 50 percent may insert the following: On page 169, strike lines 15 through 17 and be provided by local educational agencies (C) PRIVACY AND ACCESS TO DATA.— insert the following: within the State. (i) IN GENERAL.—Each State that receives a (i) a description of the privacy protection (2) WAIVER.—The Secretary may waive all grant under subsection (c)(2) shall imple- and enforcement measures that the State or a portion of the matching requirements ment measures to— has implemented or will implement pursuant described in paragraph (1) for any fiscal year, (I) limit the State’s use of information in to subparagraph (C), and assurances that if the Secretary determines that— the statewide P–16 education data system to these measures will be in place prior to the

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.045 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5063 establishment or improvement of the state- under this section may be provided in the 921 offered by the Senator from Okla- wide P–16 education data system; and form of cash or in-kind contributions, fairly homa. evaluated, including services. AMENDMENT NO. 975 Mr. BINGAMAN. Mr. President, let (Purpose: To require the Secretary of En- ‘‘(g) DISTRIBUTION.—In awarding grants under this section, the Secretary shall— me use the minute in opposition to the ergy, acting through the Director of Math- amendment. The Senator from Okla- ematics, Science, and Engineering Edu- ‘‘(1) ensure a wide, equitable distribution cation, to provide grants to States to as- of grants among States that propose to serve homa may wish to speak in favor of his sist the States in establishing or expanding students from urban and rural areas; and amendment. programs to enhance the quality of science ‘‘(2) provide equal consideration to States This is the amendment to strike the without National Laboratories. education in elementary schools with re- funding and the provisions in the bill ‘‘(h) USES OF FUNDS.— spect to conventional and emerging energy for the Advanced Technology Program. sources and uses) ‘‘(1) IN GENERAL.—Subject to paragraph (2), States, or other entities through States, that In my view, this would be a very bad On page 78, strike line 21 and insert the fol- receive grants under this section shall use step for us to take. I know there are lowing: the grant funds to— ‘‘(D) $27,500,000 for fiscal year 2011. some Members who do not believe this ‘‘(A) employ proven strategies and methods is a worthwhile use of taxpayers’ dol- ‘‘CHAPTER 6—NATIONAL ENERGY for improving student learning and teaching EDUCATION DEVELOPMENT lars. I am not one of those. I believe regarding energy; the Federal Government should part- ‘‘SEC. 3195. NATIONAL ENERGY EDUCATION DE- ‘‘(B) integrate into the curriculum of VELOPMENT. schools comprehensive, science-based, en- ner with industry to assist in the early ‘‘(a) PURPOSE.—The purpose of this section ergy education, including instruction and as- stages of technology development, and is to enable all students to reach or exceed sessments that are aligned with— particularly that is important when we grade-level academic achievement standards ‘‘(i) the academic content and student aca- compete with other countries that and to enhance the knowledge of the stu- demic achievement standards of the State spend heavily to assist their industrial dents of the science of energy, the sources of (within the meaning of section 1111 of the El- sectors to compete in world markets. energy, the uses of energy in society, and the ementary and Secondary Education Act of So I urge my colleagues to oppose environmental consequences and benefits of 1965 (20 U.S.C. 6311)); all energy sources and uses by— ‘‘(ii) classroom management; this amendment. ‘‘(1) improving instruction in science re- ‘‘(iii) professional development; I yield the floor. lated to energy for students in kindergarten ‘‘(iv) parental involvement; and through grade 9 through the implementation The PRESIDING OFFICER. The Sen- ‘‘(v) school management; and ator from Oklahoma. of energy education programs and with the ‘‘(C) provide high-quality and continuous support of comprehensive science education teacher and staff professional development. Mr. COBURN. Mr. President, there is initiatives that are based on the best avail- ‘‘(2) REQUIREMENTS.—Grant funds under no question the ATP program has had able evidence of effectiveness; and this section may be used for activities de- some successes. The fact is that over ‘‘(2) providing professional development scribed in paragraph (1) only if the activities $2.5 billion has gone to Fortune 500 and instructional leadership activities for are directly related to improving student companies over the last 14 years for re- teachers and, if appropriate, for administra- academic achievement related to— tors and other school staff, on the implemen- search they would have done otherwise. ‘‘(A) the science of energy; This is a program which is outmoded. tation of comprehensive mathematics initia- ‘‘(B) the sources of energy; tives designed— ‘‘(C) the uses of energy in society; and We have a way to help businesses do re- ‘‘(A) to improve the understanding of stu- ‘‘(D) the environmental consequences and search and development. It is called dents of the scientific, economic, and envi- benefits of all energy sources and uses. the R&D tax credit. This is not effec- ronmental impacts of energy; ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— tive. It is a poor way to spend our ‘‘(B) to improve the knowledge of teachers, There are authorized to be appropriated to money. administrators, and other school staff re- carry out this section— I yield back the remainder of my lated to the scientific content of energy; ‘‘(1) $1,000,000 for each of fiscal years 2008 ‘‘(C) to increase the use of effective in- and 2009; and time. I ask for the yeas and nays. structional practices; and ‘‘(2) $2,000,000 for each of fiscal years 2010 The PRESIDING OFFICER. Is there a ‘‘(D) to reflect science content that is con- and 2011.’’. sufficient second? sistent with State academic achievement AMENDMENT NO. 977 standards in mathematics described in sec- There appears to be a sufficient sec- tion 1111(b) of the Elementary and Secondary (Purpose: To encourage members of the ond. Education Act of 1965 (20 U.S.C. 6311(b)). Armed Forces to participate in programs The question is on agreeing to ‘‘(b) PROGRAM.—The Secretary (acting for master’s degrees in mathematics, amendment No. 921. The clerk will call science, or critical foreign languages edu- through the Director) (referred to in this sec- the roll. tion as the ‘Secretary’) shall provide grants cation) to States to assist the States in establishing On page 113, between lines 2 and 3, insert The legislative clerk called the roll. or expanding programs to enhance the qual- the following: Mr. DURBIN. I announce that the ity of science education in elementary (B) members of the Armed Forces who are Senator from Delaware (Mr. BIDEN) and schools with respect to conventional and transitioning to civilian life; and the Senator from South Dakota (Mr. emerging energy sources and uses. AMENDMENT NO. 980 JOHNSON) are necessarily absent. ‘‘(c) COORDINATION.—In carrying out this section, the Secretary shall use and coordi- (Purpose: To express the sense of Senate re- Mr. LOTT. The following Senators nate with existing State and national pro- garding policies related to deemed export are necessarily absent: the Senator grams that have a similar mission. control) from Kansas (Mr. BROWNBACK) and the ‘‘(d) GRANTS.—The Secretary shall award At the appropriate place in the bill, add Senator from Arizona (Mr. MCCAIN). the following: grants, on a competitive basis, under this The PRESIDING OFFICER. Are there section to States to pay the Federal share of ll ‘‘SEC. . SENSE OF THE SENATE. any other Senators in the Chamber de- the costs of establishing or expanding high- It is the Sense of Senate that— quality energy education curricula and pro- U.S. government policies related to siring to vote? grams. deemed exports should safeguard U.S. na- The result was announced—yeas 39, ‘‘(e) PROGRAMS.—In carrying out this sec- tional security and protect fundamental re- nays 57, as follows: tion, the Secretary shall award grants to es- search; [Rollcall Vote No. 144 Leg.] tablish or expand programs that enhance— The Department of Commerce has estab- ‘‘(1) the quality of science education in ele- lished the Deemed Export Advisory Com- YEAS—39 mentary schools with respect to conven- mittee to develop recommendations for im- Alexander DeMint Kyl tional and emerging energy sources and uses; proving current controls on deemed exports; Allard Domenici Lott and The Administration and Congress should Bennett Ensign Martinez ‘‘(2) the understanding of students of the consider the recommendations of the Bunning Enzi McConnell science, economics, and environmental im- Deemed Export Advisory Committee in its Burr Feingold Murkowski pacts of energy production and consumption. development and implementation of export Chambliss Graham Roberts ‘‘(f) FEDERAL AND NON-FEDERAL SHARES.— Coburn Grassley Sanders control policies.’’. Cochran Gregg Sessions ‘‘(1) FEDERAL SHARE.—The Federal share of AMENDMENT NO. 921 Collins Hagel Shelby the costs of carrying out a program under The PRESIDING OFFICER. Under Corker Hatch Sununu this section shall be 50 percent. Cornyn Hutchison Thomas ‘‘(2) NON-FEDERAL SHARE.—The non-Federal the previous order, there will now be 2 Craig Inhofe Thune share of the costs of carrying out a program minutes of debate on amendment No. Crapo Isakson Vitter

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.046 S25APPT1 hmoore on PRODPC68 with HMSENATE S5064 CONGRESSIONAL RECORD — SENATE April 25, 2007 NAYS—57 (A) ‘‘The IPO market also offers the most (3) given the complexity of the financial Akaka Feinstein Nelson (NE) dramatic illustration of the change in cap- services marketplace today, Congress should Baucus Harkin Obama ital-raising needs around the world, and U.S. exercise vigorous oversight over Federal reg- Bayh Inouye Pryor exchanges are rapidly losing ground to for- ulatory and statutory requirements affecting Bingaman Kennedy Reed eign rivals. When looking at all IPOs that the financial services industry and con- Bond Kerry Reid took place globally in 2006, the share of IPO sumers, with the goal of eliminating exces- Boxer Klobuchar Rockefeller volume attracted by U.S. exchanges is barely sive regulation and problematic implementa- Brown Kohl Salazar Byrd Landrieu Schumer one-third of that captured in 2001. By con- tion of existing laws and regulations, while Cantwell Lautenberg Smith trast, the global share of IPO volume cap- ensuring that necessary investor protections Cardin Leahy Snowe tured by European exchanges has expanded are not compromised. Carper Levin Specter by more than 30 percent over the same pe- Mr. SCHUMER. Mr. President, I rise Casey Lieberman Stabenow riod, while non-Japan Asian markets have to join my colleague Senator CRAPO in Clinton Lincoln Stevens doubled their equivalent market share since Coleman Lugar Tester 2001. When one considers mega-IPOs—those offering our Sense of the Senate to ex- Conrad McCaskill Voinovich over $1 billion—U.S. exchanges attracted 57 press that the Congress and the admin- Dodd Menendez Warner istration take the necessary steps to Dole Mikulski Webb percent of such transactions in 2001, com- Dorgan Murray Whitehouse pared with just 16 percent during the first sustain the United States’ position as Durbin Nelson (FL) Wyden ten months of 2006.’’; and the global leader in financial services (B) ‘‘London already enjoys clear leader- NOT VOTING—4 to S. 761. ship in the fast-growing and innovative over- We can all agree that the U.S. is the Biden Johnson the-counter (OTC) derivatives market. This Brownback McCain financial capital of the world. Today, is significant because of the trading flow Wall Street is booming, and our Na- The amendment (No. 921) was re- that surrounds derivatives markets and be- tion’s short-term economic outlook is jected. cause of the innovation these markets drive, strong. But to maintain our success far Mr. BINGAMAN. Mr. President, I both of which are key competitive factors for into the future we must immediately move to reconsider the vote and to lay financial centers. Dealers and investors in- creasingly see derivatives and cash markets address a real and growing concern: our that motion on the table. as interchangeable and are therefore com- global competitive position in the cap- The motion to lay on the table was bining trading operations for both products. ital markets is being threatened. agreed to. Indeed, the derivatives markets can be more The evidence is quite clear. AMENDMENT NO. 956 liquid than the underlying cash markets. London, certainly our greatest com- Mr. BINGAMAN. Mr. President, we Therefore, as London takes the global lead in petitor, has been working hard to gain inadvertently left a cleared amend- derivatives, America’s competitiveness in both cash and derivatives flow trading is at on us in financial services in the last ment off the list I read describing the risk, as is its position as a center for finan- few years. And, although London has managers’ package. I ask unanimous cial innovation.’’; not overtaken us, it is no longer a dis- consent that amendment No. 956 be (4) on March 13, 2007, the Department of tant second. agreed to and that the motion to re- the Treasury convened a conference on While New York is still the dominant consider be laid on the table. United States capital markets competitive- global exchange center, we have been The PRESIDING OFFICER. Without ness, where— losing ground as the leader in capital objection, it is so ordered. (A) key policymakers, consumer advo- formation. In 2005, only one out of the The amendment (No. 956) was agreed cates, members of the international commu- nity, business representatives, and academic top 24 IPOs was registered in the U.S. to, as follows: experts, each with different perspectives, dis- and four were registered in London. (Purpose: To express the sense of the Senate cussed ways to keep United States capital Sadly, the problem is not just IPOs. regarding concerns that United States cap- markets the strongest and most innovative Our competitive position is being chal- ital markets are losing their competitive in the world; and lenged in most businesses that are edge in intensifying global competition, (B) conference delegates examined the im- globally contestable. and to recommend that Congress and the pact of the United States regulatory struc- Today London leads in some of the Administration take the necessary steps to ture and philosophy, the legal and corporate fastest growing and innovative areas in reclaim the preeminent position of the governance environment, and the auditing the financial services. They account for United States in the global financial serv- profession and financial reporting on United ices marketplace) States capital markets competitiveness; 70 percent of the global secondary bond At the appropriate place, insert the fol- (5) the foundation of any competitive cap- market, 40 percent of the derivatives lowing: ital market is investor confidence, and since market, 30 percent of foreign exchange SEC. ll. SENSE OF THE SENATE REGARDING 1930, the United States has required some of activity, and 30 percent of cross border CAPITAL MARKETS. the most extensive financial disclosures, equities trading. (a) FINDINGS.—The Senate finds that— supported by one of the most robust enforce- Why is this happening? Not because (1) United States capital markets are los- ment regimes in the world; London is more innovative—New York ing their competitive edge in the face of in- (6) a balanced regulatory system is essen- City is and 49 percent of the top CEOs tensifying global competition, posing a risk tial to protecting investors and the efficient say so. But, what they also say is— to economic growth, a problem that is well- functioning of capital markets; and (7) too much regulation stifles entrepre- given the risks associated with devel- documented in initial public offerings (IPO), oping innovative financial instruments over-the-counter (OTC) derivatives, neurship, competition, and innovation, and securitization, and traditional lending; too little regulation creates excessive risk to and the importance of attracting tal- (2) according to the Senator Charles E. industry, investors, and the overall system. ent in finance—the U.S.’s legal, regu- Schumer and Mayor Michael R. Bloomberg (b) SENSE OF THE SENATE.—It is the sense latory and immigration policies are report, entitled ‘‘Sustaining New York’s and of the Senate that— not attractive and it only makes sense the U.S.’s Global Financial Services Leader- (1) Congress, the President, regulators, in- to pursue cutting edge activity over- ship’’, ‘‘In looking at several of the critical dustry leaders, and other stakeholders seas. To make matters even worse, it is contested investment banking and sales and should take the necessary steps to reclaim not only London. As technology has trading markets—initial public offerings the preeminent position of the United States virtually eliminated barriers to the (IPOs), over-the-counter (OTC) derivatives, in the global financial services marketplace; and debt—it is clear that the declining posi- (2) the Federal and State financial regu- flow of capital, it now freely flows to tion of the U.S. goes beyond this natural latory agencies should, to the maximum ex- the most efficient markets, in all cor- market evolution to more controllable, in- tent possible, coordinate activities on sig- ners of the globe. So, in addition to trinsic issues of U.S. competitiveness. As nificant policy matters, so as not to impose London we’re increasingly competing market effectiveness, liquidity and safety regulations that may have adverse unin- for position against cities like Hong become more prevalent in the world’s finan- tended consequences on innovativeness with Kong, Tokyo and Bombay. cial markets, the competitive arena for fi- respect to financial products, instruments, My concern about this issue has been nancial services is shifting toward a new set and services, or that impose regulatory costs keeping me awake at night. For over a of factors—like availability of skilled people that are disproportionate to their benefits, and a balanced and effective legal and regu- and, at the same time, ensure that the regu- year now I have been racking my brain, latory environment—where the U.S. is mov- latory framework overseeing the United trying to understand the causes and ing in the wrong direction.’’; States capital markets continues to promote fixes needed to keep us No. 1. (3) further, the report referred to in para- and protect the interests of investors in Well . . . that is precisely what graph (2) stated that— those markets; and Mayor Bloomberg and I set out to do in

VerDate Aug 31 2005 03:47 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.049 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5065 a more formal way when we commis- eign companies doing business in the kets—initial public offering, over-the- sioned McKinsey Consulting to conduct United States, to address more com- counter derivatives, and debt—it is a study to examine the competitive po- plex policy, legal, regulatory and other clear that the declining position of the sition of New York City’s financial structural issues affecting the U.S. po- U.S. goes beyond this natural market services industry, specifically in com- sition as the world’s leading financial evolution to more controllable, intrin- parison to London’s. The study identi- center. We must create a responsive, sic issues of U.S. competitiveness. As fied the drivers that might cause New market-oriented regulatory frame- market effectiveness, liquidity and York City to lose its competitive edge, work, moving closer towards a fair and safety become more prevalent in the but more importantly provided rec- predictable legal environment, and pro- world’s financial markets, the competi- ommendations and an action plan to vide access to skilled professionals tive arena for financial services is correct the problem. from outside of the U.S. shifting toward a new set of factors— We gathered detailed analyses of I want to thank my friend and col- like availability of skilled people and a market conditions here and abroad. league Senator CRAPO for his commit- balanced and effective legal and regu- McKinsey interviewed and consulted ment and leadership on this issue. I latory environment—where the U.S. is more than 50 respected leaders from look forward to working with you over moving in the wrong direction.’’ the financial services industry, con- the next several months to protect our This is a very alarming trend because sumer and labor groups, and other capital markets—this is not a Demo- IPOs and OTC derivatives contribute to stakeholders. crat or Republican issue, it’s an Amer- a robust and dynamic capital market Our report which was released in ican issue. which is a tremendously beneficial January illustrated the reality of the The bottom line is that we, in New force for our economy and an empower- situation. The U.S., New York in par- York and in the U.S., literally cannot ment to our citizens. It is critical to ticular, is in grave danger of losing its afford to lose our place as the global ensuring economic growth, job cre- status as the financial capital of the leader in financial services and we ation, low costs of capital, innovation, world without a major change in policy must examine which factors impede entrepreneurship, and a strong tax base and regulation. If we continue on with our competitive standing. in key areas of the country. The U.S. the status quo, within the next ten At the same time, we have to be financial sector acts as a catalyst for years we will go from being number smart, careful, and balanced as we seek all other sectors in the U.S. economy. one, to becoming a marginalized re- to continue to redefine the exquisite That is why the decline in global ini- gional market—spelling disaster for balance of innovation and regulation as tial public offerings in the United New York and the entire country. markets evolve internationally. States, and the fact that London al- Financial services comprise 8 percent We know that addressing these chal- ready enjoys clear leadership in the of the U.S. economy—the third fastest lenges and ensuring that we do so in a fast growing OTC derivatives market, growing sector of the U.S. economy. way that continues to offer strong pro- are such worrying trends. The industry also plays an important tections to consumers and investors The report further states, ‘‘The IPO intermediary role in promoting eco- will be a huge undertaking. But if all market also offers the most dramatic nomic activity and creating jobs (sav- stakeholders—industry, consumer ad- illustration of the change in capital ings, investment, borrowing, capital vocates, labor, and government—come raising needs around the world, and the formation, wealth accumulation, trans- together in the name of securing our U.S. exchanges are rapidly losing actions). 1 in every 19 jobs in the U.S. economic future, we can do it. ground to foreign rivals. When looking is in financial services. Failing to do so would be dereliction at all IPOs that took place globally in This clearly is not just a New York of duty. 2006, the share of IPO volume attracted issue. Many of you will be surprised to We must all commit to seeking a by U.S. exchanges is barely one-third learn, just as I was—that seven states shift in national policy in a direction of that captured in 2001. By contrast, (Connecticut, Massachusetts, Dela- that will ensure that New York and the global share of IPO volume cap- ware, Rhode Island, North Carolina, America retain its leadership position tured by European exchanges has ex- South Dakota), including New York, have more than 10 percent of their in the financial services industry well panded by more than 30 percent over State’s GDP devoted to financial serv- into the 21st Century. the same period, while non-Japan I thank my colleagues for joining us ices. Asian markets have doubled their Resolving this issue will require all in support of this amendment. equivalent market share since 2001. hands on deck. In New York we already Mr. CRAPO. Mr. President, I rise When one considers mega IPOs—those recognize that—the Mayor, the Gov- today in support of this global com- over $1 billion—U.S. exchanges at- ernor, and I have already joined forces. petitiveness amendment with the sen- tracted 57 percent of such transactions I strongly believe that we are in a ior Senator from New York to S. 761 in 2001, compared with just 16 percent good position to act now in order to and to call attention to the challenges during the first ten months of 2006.’’ lessen the damage that could be wait- facing U.S. financial markets. I really It further notes: ‘‘London already en- ing for us 10 years down the road. appreciate the leadership role the sen- joys clear leadership in the fast-grow- Cleary, this is an issue that will take ior Senator from New York has taken ing and innovative over-the-counter de- some time to work through—taking on in the global capital markets competi- rivatives market. This is significant our country’s regulatory regime, legal tiveness debate and I really appreciate because of the trading flow that sur- system and immigration policies will our working relationship. rounds derivatives markets and be- be no easy undertaking. In recognizing The first part of the amendment cause of the innovation these markets the complexities, our report focused on highlights findings that U.S. capital drive, both of which are key competi- near term recommendations that are markets are losing their competitive tive factors for financial centers. Deal- mostly administrative and the longer edge in the face of intensifying global ers and investors increasing use deriva- term recommendations that are legis- competition in initial public offerings, tives and cash markets as interchange- lative. IPOs, over-the-counter, OTC, deriva- able and are therefore combining trad- I want to commend Secretary tives, securitization, and traditional ing operations for both products. In- Paulson and the Department of Treas- lending. The second half of the amend- deed, the derivatives market can be ury for convening a conference on ment expresses the sense of the Senate more liquid than the underlying cash United States capital markets’ com- about what steps should be taken to markets. Therefore, as London takes petitiveness. I hope this will build bolster the competitiveness of this es- the global lead in derivatives, Amer- more momentum for other financial sential sector of the U.S. economy. ica’s competitiveness in both cash and services regulators and Congress to According to the Schumer/Bloomberg derivatives flow trading is at risk, as take action and sends a signal that we report entitled Sustaining New York’s its position as a center for financial in- are in need of a renewed U.S. focus on and the U.S.’ Global Financial Services novation.’’ competitiveness. Leadership, ‘‘In looking at several of One of the common themes we are We deed to take action to level the the critical contested investment seeing in terms of movement of busi- playing field for both domestic and for- banking and sales and trading mar- ness away from the United States to

VerDate Aug 31 2005 03:47 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.053 S25APPT1 hmoore on PRODPC68 with HMSENATE S5066 CONGRESSIONAL RECORD — SENATE April 25, 2007 London and other capital markets are This amendment is supported by the Cardin Hagel Reed the regulatory burdens and the regu- American Bankers Association, the Carper Harkin Reid Casey Hatch Roberts latory regime that we impose here in Business Roundtable, United States Chambliss Hutchison Salazar the United States. I do not think any- Chamber of Commerce, Financial Serv- Clinton Inhofe Sanders body would say that we should simply ices Forum, Investment Company In- Coburn Isakson Schumer Cochran Klobuchar take down our regulatory position, be- stitute, International Swaps and De- Sessions Coleman Kohl Shelby cause we do have one of the strongest Collins Kyl rivatives Association, Securities Indus- Smith Conrad Landrieu markets in the world. But the question try and Financial Markets Association, Snowe is are we over-regulating. Corker Lautenberg NASDAQ, and NYSE. Cornyn Leahy Specter Fortunately, academics, business I also thank my colleagues for join- Craig Lott Stabenow leaders, and politicians are working to- ing me in supporting this amendment, Crapo Martinez Sununu Tester gether to study this issue. They have and I thank the senior Senator from DeMint McCaskill identified several specific problems Dole McConnell Thomas New York for working with me on this Domenici Menendez Thune that hinder the competitiveness of the amendment Dorgan Mikulski Vitter U.S. capital markets and have issued Durbin Murkowski Voinovich AMENDMENT NO. 922 reports outlining possible solutions: Ensign Murray Warner The PRESIDING OFFICER. Under Enzi Nelson (FL) Interim Report of the Committee on Cap- Webb Feinstein Nelson (NE) Whitehouse ital Markets Regulation, November 2006; the previous order, there will now be 2 Graham Obama Wyden Schumer/Bloomberg report entitled: ‘‘Sus- minutes of debate on amendment No. Grassley Pryor taining New York’s and U.S.’ Global Finan- 922, offered by the Senator from Okla- cial Services Leadership, January 2007; Com- homa. NAYS—14 mission on the Regulations of U.S. Capital Mr. INOUYE. Mr. President, I wish to Akaka Inouye Lincoln Markets in the 21st Century, March 2007. Byrd Kennedy Lugar speak against this amendment. This Dodd Kerry Rockefeller I would especially like to commend amendment will increase the work of Feingold Levin Stevens the senior Senator from New York for the inspector general because of its Gregg Lieberman his efforts in this project. All three re- mandatory nature, but it will not add NOT VOTING—4 ports add considerably to the under- any additional results. Biden Johnson standing of the challenges that Amer- Secondly, it provides that audits be Brownback McCain ican capital markets face and offer so- posted on the Web within 60 days with- The amendment (No. 922) was agreed lutions that could help American mar- out any safeguards for proprietary in- to. kets, companies, and workers to better formation that may be gathered as a Mr. LEVIN. Madam President, I compete. result of the audit, and it provides no voted against Senator COBURN’s amend- Additionally, on March 13, 2007, the protections under existing information ment, No. 922, because it will place a Department of the Treasury convened privacy laws. difficult burden on grant activities of a conference on United States capital Then there is the word ‘‘conference,’’ the National Oceanic and Atmospheric markets competitiveness where con- which I think is too broad and has im- Administration, NOAA. The amend- ference delegates discussed ways to plications for existing and future edu- ment as drafted has disturbing privacy keep U.S. capital markets the strong- cational activities, which is the major implications. The inspector general’s est and most innovative in the world. part of the underlying bill. audits must be posted on the Web with- This problem is well-documented and it For this reason, and many others, I in 60 days without any safeguards for is time that we take the necessary am opposed to it. proprietary information. Further, the steps to restore America’s leadership amendment is drafted so broadly that position in the global financial services I yield back my remaining time. The PRESIDING OFFICER. Does the some reasonable uses of grant awards marketplace. would be jeopardized. Researchers This amendment states it is the Senator from Oklahoma wish to be heard? might be restrained from attending sense of the Senate peer conferences which are a part of Mr. COBURN. I yield back my time. (1) Congress, the President, regu- the scientific process. NOAA awards lators, industry leaders, and other The PRESIDING OFFICER. All time grants throughout Michigan in order to stakeholders should take the necessary is yielded back. protect and restore the Great Lakes, steps to reclaim the preeminent posi- The question is on agreeing to and I want to ensure that this amend- tion of the United States in the global amendment No. 922. ment does not interfere with NOAA’s financial services marketplace; Mr. COBURN. Mr. President, I ask mission in the Great Lakes and our Na- (2) the Federal and State financial for the yeas and nays. tion’s waters. I support the goal of the regulatory agencies should, to the The PRESIDING OFFICER. Is there a amendment to provide for account- maximum extent possible, coordinate sufficient second? ability and transparency, and I hope activities on significant policy mat- There appears to be a sufficient sec- that my concerns with the amendment ters, so as not to impose regulations ond. will be addressed in conference so that that may have adverse unintended con- The clerk will call the roll. I can support the provision in the con- sequences on innovativeness with re- The assistant legislative clerk called ference report. spect to financial products, instru- the roll. NANOTECHNOLOGY IN THE SCHOOLS ments, and services, or that impose Mr. DURBIN. I announce that the Mr. WYDEN. Madam President, I regulatory costs that are dispropor- Senator from Delaware (Mr. BIDEN) and would like to thank the distinguished tionate to their benefits, and, at the the Senator from South Dakota (Mr. Senator from New Mexico, Mr. BINGA- same time, ensure that the regulatory JOHNSON) are necessarily absent. MAN, and the distinguished Senator framework overseeing the United Mr. LOTT. The following Senators from Tennessee, Mr. ALEXANDER, for States capital markets continues to are necessarily absent: the Senator their leadership in crafting the Amer- promote and protect the interests of from Kansas (Mr. BROWNBACK) and the ica COMPETES Act and managing it investors in those markets; Senator from Arizona (Mr. MCCAIN). on the Senate floor. I would also like (3) given the complexity of the finan- The PRESIDING OFFICER (Ms. to thank Senator INOUYE and Senator cial services marketplace today, Con- CANTWELL). Are there any other Sen- KENNEDY for their roles in developing gress should exercise vigorous over- ators in the Chamber desiring to vote? and moving this bill. It is a critical sight over Federal regulatory and stat- The result was announced—yeas 82, piece of legislation that will help en- utory requirements affecting the finan- nays 14, as follows: sure our great Nation remains competi- cial services industry and consumers, [Rollcall Vote No. 145 Leg.] tive in the global economy. with the goal of eliminating excessive I would also like to thank my distin- regulation and problematic implemen- YEAS—82 guished colleague from Oregon, Mr. tation of existing laws and regulations, Alexander Bennett Brown SMITH, the distinguished Senator from Allard Bingaman Bunning while ensuring that necessary investor Baucus Bond Burr Massachusetts, Mr. KERRY, and the dis- protections are not compromised. Bayh Boxer Cantwell tinguished Senator from Arkansas, Mr.

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.100 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5067 PRYOR, for working with me to draft sibly greatest in the Nation’s poorest years in a manner that will maximize language to enable high schools and school districts. Yet these school dis- the effectiveness of those programs. I colleges to purchase nanotechnology tricts also offer a reservoir of poten- suggest that we need to increase and equipment through grants from the Na- tial—potential, if properly tapped, that accelerate funding for these basic re- tional Science Foundation. And I could generate hundreds of thousands search programs. I request that the thank the distinguished Senator from of scientists and engineers who can managers agree to work with me to ac- New Jersey, Mr. MENENDEZ, for work- help ensure that America can compete complish that as this bill works its ing with us to add some of that lan- in the global marketplace, and harness way through conference. guage to his important amendment to the economic promise—and good pay- Mr. BINGAMAN. I share my col- this fine bill. ing jobs—of emerging fields like nano- league’s concern. We must ensure that Nanotechnology involves the under- technology. the funding increases for the Office of standing and control of matter at di- I have seen some of the nanotechnol- Science at the Department of Energy mensions of roughly 1 to 100 ogy equipment that folks will be able are sufficient and that they are allo- nanometers—as small as a single mol- to use these funds to purchase. And cated to specific years so that there is ecule. At that scale, unique phenomena honestly, it is exciting stuff. I expect a nexus between the needs of each of enable novel applications. The rapidly that it will help generate the enthu- the various research programs and the growing field of nanotechnology is gen- siasm, as well as the knowledge and amounts provided for each fiscal year. erating scientific and technological understanding, necessary to attract I will be pleased to work with my col- breakthroughs that will benefit society and retain America’s future leagues in conference to refine further by improving the way many things are nanotechnologists. these authorizations. designed and made. It will continue to So I would urge the Director of the Mr. ALEXANDER. I thank the senior be at the heart of innovation in a wide National Science Foundation, as he is Senator from New Mexico for bringing this matter to our attention. I, too, range of sectors for decades to come. implementing this program, to give With the inclusion of the language special attention to grant proposals recognize the significant contributions that we proposed, partnerships between that include a nanotechnology ele- of the Department of Energy Office of low income school districts, colleges ment. Science to our Nation’s commitment to and universities, and businesses will be Mr. SMITH. I agree with my col- basic research. It is the largest Federal funding source of basic research in the able to secure funds to purchase class- league from Oregon and I also hope physical sciences. So it is, of course, room versions of scanning electron mi- that the Director will give special at- extremely important that we get the croscopes and other tools that are fun- tention to grant proposals that include funding right. I will also be pleased to damental to the study of nanotechnol- a nanotechnology element. Nanotech- work with my colleagues to make cer- ogy. nology is not a specific technology, but tain we provide optimal support for Mr. SMITH. Madam President, I a descriptive term encompassing a these programs. thank my distinguished colleague and range of fields from biology to com- Mr. DOMENICI. I thank my col- the Senators from New Mexico, Ten- puter science, and from medicine to en- gineering. This legislation will enable leagues for their willingness to work nessee, Massachusetts, Arkansas, and with me on this issue, and I am hopeful high schools and colleges, in partner- New Jersey. that the conference report we ulti- Nanotechnology will have a signifi- ship with local businesses, to purchase mately consider will have the best cant, positive impact on the security, basic tabletop nanotechnology tools for funding scenario we can provide for classroom use—not laboratory use for economic well-being, and health of these basic research programs. Americans as fields related to nano- research, but classroom use for edu- AUTHORIZATION OF THE ATP PROGRAM technology expand. In order to maxi- cation—to help create the next genera- Mr. LEVIN. Madam President, I had mize the benefits of nanotechnology to tion of scientists of all kinds, and to intended to call up amendment No. 969 our citizens, the United States must ensure that they will have the skills to which sets forth authorization levels maintain world leadership in the field. apply nanotechnology to whatever spe- for the Advanced Technology Program, According to the National Science cific scientific field they enter. ATP, to restore the ATP program to its Foundation, foreign students on tem- Mr. WYDEN. I would like to make historic funding levels. The Senate’s porary visas earned 32 percent of all one last point—the 21st Century Nano- defeat of the Coburn amendment ex- science and engineering doctorates technology Research and Development presses the will of the Senate to sup- awarded in the United States in 2003, Act will come up for reauthorization port the ATP program. I am also con- next year. As one of the authors of the the last year for which data is avail- fident that the chairman and the com- act, and as one of the cochairmen of able. Foreign students earned 55 per- mittee can accomplish in conference the Congressional Nanotechnology cent of the engineering doctorates. what this amendment intended to do. Many of these students expressed an Caucus, I am looking forward to hear- Again, by defeating the Coburn intent to return to their country of ori- ing my colleagues’ thoughts about how amendment to repeal the authorization gin after completing their study. the act might be amended to further for the Advanced Technology Program, To maintain world leadership in promote American competitiveness in ATP, the Senate has again expressed nanotechnology, the United States the vitally important field of nano- its support for ATP. must make a long-term investment in technology. This body understands the impor- educating U.S. students in high schools AUTHORIZATION FOR DEPARTMENT OF ENERGY tance of this program. In the past the and colleges, so that our students are BASIC RESEARCH, SECTION 2006 Senate has, on numerous occasions, able to conduct nanoscience research Mr. DOMENICI. Madam President, I supported amendments to the budget and develop and commercialize nano- wish to commend the managers of the resolution to provide for ATP. Every technology applications. bill for continuing here on the floor the time we have had an appropriations Preparing students for careers in remarkable cooperative effort that vote on this program we have retained nanotechnology requires they have ac- characterized the development of this funding for ATP. cess to the necessary scientific tools, legislation by the three Senate com- We have lost 3 million manufacturing including scanning electron micro- mittees. That said, I want to note that jobs since January 2001. In the face of scopes designed for teaching, and in- I think we need to give further consid- these losses and strong global eco- volves training to enable teachers and eration to the funding pattern for basic nomic competition, we should be doing professors to use the tools in class- research within the Department of En- all we can to promote programs that rooms and laboratories. ergy in Section 2006. We have re- help create jobs and strengthen the Mr. WYDEN. I agree with my col- sponded to the Augustine Report’s call technological innovation of American league. It is well documented that for increasing our commitment to companies. America needs to address the science, basic research in the physical sciences The ATP is one of the key Federal technology, engineering and math def- by doubling funding over the next dec- programs available to help U.S. manu- icit—this entire bill is a reflection of ade, but we need to make sure that facturers remain competitive in a glob- that understanding. This deficit is pos- those funds are distributed over the al economy.

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.102 S25APPT1 hmoore on PRODPC68 with HMSENATE S5068 CONGRESSIONAL RECORD — SENATE April 25, 2007 I have spoken with the chairman of side; Senator BINGAMAN and others on cific about those thanks to the leaders the Senate Energy Committee and I am that side. This is a proud moment for and the other Senators after the vote. confident he will support strong fund- the Senate. I congratulate all of those The PRESIDING OFFICER. The Sen- ing for the ATP program in conference. who spent a couple of years crafting ator from New Mexico. Mr. BINGAMAN. I will support ef- this measure and putting it together so Mr. DOMENICI. Madam President, forts to authorize this important pro- it can enjoy this large vote it is about fellow Senators, I have been involved gram which the Senate has so often to receive. in the last 2 years in two major legisla- voted to support, consistent of course The PRESIDING OFFICER. The Sen- tive efforts; both of them have been bi- with our ability to get a conference re- ator from New Mexico. partisan, extremely bipartisan. I don’t port that the Senate can pass. AMENDMENT NO. 973 know how far that will carry us, but it I thank Senator LEVIN for bringing Mr. BINGAMAN. Madam President, certainly is a good feeling. It is dif- this matter to the attention of the we did inadvertently leave one addi- ferent to know that Senators on both Senate. tional amendment off the list that I sides of the aisle support the effort you The PRESIDING OFFICER. The ma- read describing the managers’ package. are making when you work hard for jority leader is recognized. I ask unanimous consent that amend- something like we did for this one. Mr. REID. Madam President, if all of ment No. 973 be agreed to, and the mo- The brain power of our youth is the the Members are here now, I want to tion to reconsider be laid on the table. salvation of our country. It is the express thanks—I think I speak for the The PRESIDING OFFICER. Without source of innovation and the source of whole Senate—for the work done by objection, it is so ordered. our economic power. It is failing be- Senators BINGAMAN and ALEXANDER. It The amendment (No. 973) was agreed cause we are not educating our chil- is a very important piece of legislation. to, as follows: dren properly. That is the heart of the This is the fifth day we have worked on (Purpose: To include the Administrator of recommendation given to us. It is the this piece of legislation; this is only the Small Business Administration on the heart of what they gave us as their rec- the floor days. We spent hours and President’s Council on Innovation and ommendations, the great American hours coming up with the idea, having Competitiveness) leaders who volunteered, and we were meetings, meeting with individual Sen- On page 16, strike lines 15 and 16 and insert able to keep most of it regardless of ators. the following: how difficult the committee jurisdic- It is a good piece of legislative work. (P) The Small Business Administration. tions are. Three major committees get- As we know, legislation is the art of (Q) Any other department or agency des- ting together to fix this is pretty good ignated by the President. compromise. They have made the com- work. promises which improved the legisla- Mr. BINGAMAN. Madam President, I thank everyone. There are more tion. They were assisted by the chair let me say very briefly that I very that I want to thank one on one. I will and ranking member of the HELP Com- much appreciate Senator REID’s leader- thank them later. But it has been a mittee, KENNEDY and ENZI; Commerce ship in setting time aside and making great effort. I thoroughly enjoyed it Committee, INOUYE and STEVENS; and, this a priority for the Senate, and Sen- after these many years of being a Sen- of course, Senator BINGAMAN’s ator MCCONNELL as well. And, of ator. The last couple of years have housemate from New Mexico, Senator course, I acknowledge the great work been absolutely terrific when you can DOMENICI, has been on the floor a lot Senator ALEXANDER has done at every get a couple of major bills done with these past few days. It is good to see stage in this process. He has done a ter- both sides of the aisle. him up around, back in his fighting rific job, and he has been the persistent I yield the floor. form. He has done very good work as impetus for getting this legislation to The PRESIDING OFFICER. The usual. this point and deserves great credit for question is on the engrossment and I also express my appreciation to it. Senator DOMENICI does as well. He third reading of the bill. Senator MCCONNELL for allowing us to took a very strong leadership role in The bill was ordered to be engrossed move forward. This is a good bipartisan the last Congress and again in this for a third reading and was read the piece of legislation. I said when this Congress in getting this done. third time. legislation started we were going to do Of course, Senator ENSIGN and Sen- The PRESIDING OFFICER. The bill something on a bipartisan basis. Rec- ator LIEBERMAN have been real leaders having been read the third time, the ognizing that although there was a lit- on the issue, and Senator MIKULSKI, question is, Shall it pass? tle bit of downtime on a few occasions, Senator INOUYE, Senator STEVENS, Sen- Mr. BINGAMAN. Madam President, I I made the decision before we went to ator HUTCHISON, Senator KENNEDY, and ask for the yeas and nays. this bill there would be no procedural Senator ENZI. All of them have played The PRESIDING OFFICER. Is there a cloture votes filed. I thought it was a major part. sufficient second? good to let everybody know we can This is multicommittee legislation There appears to be a sufficient sec- work through these bills if we have to and multi-Senator legislation. It is bi- ond. with a little cooperation from every- partisan, as was said. It is a good step The clerk will call the roll. one. for the Senate to be taking. I appre- The legislative clerk called the roll. Thank you very much. ciate everyone’s cooperation and help. Mr. DURBIN. I announce that the The PRESIDING OFFICER. The Sen- Let me finally say, the House is Senator from Delaware (Mr. BIDEN) and going to complete the work on the sup- ator from Tennessee. the Senator from South Dakota (Mr. Mr. ALEXANDER. Madam President, plemental sometime late tonight. We JOHNSON) are necessarily absent. will get that sometime late tomorrow. out of respect to our colleagues, I am I further announce that, if present We are going to try to have the final going to defer my remarks until after and voting, the Senator from Delaware the vote except to say—all of the passage of this about a quarter to 1 to- (Mr. BIDEN) would vote ‘‘yea.’’ morrow. I am assuming it will be final thank-yous, except to say one thing: Mr. LOTT. The following Senators passage: we will have the vote, anyway. There are a number of issues before are necessarily absent: the Senator this body that are too big for one party Then that will be the last vote for this from Kansas (Mr. BROWNBACK) and the to solve. This has been one of them. week. Senator from Arizona (Mr. MCCAIN). The PRESIDING OFFICER. The Re- But after 2 years of work across party The PRESIDING OFFICER. Are there publican leader. lines, we ended up with 63 cosponsors, any other Senators in the Chamber de- Mr. MCCONNELL. Madam President, 208 pages of legislation. We dealt with siring to vote? let me join my good friend the major- 40 amendments in the last 3 days with- The result was announced—yeas 88, ity leader, and say this is a good exam- out any cloture. I hope this sets an ex- nays 8, as follows: ple of the Senate, a broad bipartisan ample for dealing with some of the bill of consequence, with spectacular, other large issues we have that are too [Rollcall Vote No. 146 Leg.] widespread participation led by Sen- big for one party to solve. YEAS—88 ator ALEXANDER, Senator DOMENICI, I thank my colleagues for working Akaka Baucus Bennett Alexander Bayh Bingaman Senator STEVENS, and others on this with us in this way. I will be more spe-

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.086 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5069 Bond Feinstein Nelson (NE) for competitive basic research through I am pleased the Senate adopted my Boxer Grassley Obama the NSF and other agencies. I have amendment to strengthen the edu- Brown Hagel Pryor Bunning Harkin Reed long been a strong supporter of com- cation privacy provisions in the title Burr Hatch Reid petitive research funding, cultivating IV section of the bill which funds align- Byrd Hutchison Roberts young researchers, graduate students ment of education programs. Under Cantwell Inouye Rockefeller and professionals, and creating an this section, States could apply for Cardin Isakson Salazar Carper Kennedy overall environment that encourages grants to improve alignment of the K– Sanders Casey Kerry Schumer innovation, so I was glad to see these 12 education standards with the skills Chambliss Klobuchar provisions in the legislation. While this that are needed for both the workforce Clinton Kohl Sessions Cochran Landrieu Shelby legislation provides a Federal empha- and college. States could also use the Coleman Lautenberg Smith sis, this effort is going to have to be a grants to create P–16 databases which Collins Leahy Snowe partnership with public and private would compile information on students Conrad Levin Specter Corker Lieberman Stabenow universities and colleges to be success- from kindergarten through college for Cornyn Lincoln Stevens ful. Knowing Wisconsin, I am sure our the purposes of improving education Craig Lott Sununu institutions and higher education and policy in the States. While I fully sup- Crapo Lugar Tester companies will step up to the plate and port better alignment between the K–12 Dodd Martinez Thune embrace this partnership. and higher education systems, I was Dole McCaskill Vitter Domenici McConnell Voinovich Keeping America competitive glob- concerned that the privacy provisions Dorgan Menendez Warner ally is particularly relevant as manu- of the underlying bill were not strong Durbin Mikulski Webb facturing and industrial plants have enough to protect this important stu- Ensign Murkowski Whitehouse Enzi closed in the United States and been dent data. As we have seen recently Murray Wyden Feingold Nelson (FL) rebuilt in other nations where the cost with the unauthorized uses of the fed- NAYS—8 of hiring technical experts like engi- eral National Student Loan Data Sys- neers and chemists are often one-fifth tem, these data systems are not com- Allard Graham Kyl Coburn Gregg Thomas or even one-tenth that in the US. While pletely secure and are potentially sub- DeMint Inhofe we need to boost education and em- ject to abuse by those who have access NOT VOTING—4 ployment training for these workers, I to such data systems. am concerned that retraining and My amendment adds some common- Biden Johnson Brownback McCain major investment in the science and sense protections that States would The bill (S. 761), as amended, was technology arena will not be enough to have to comply with in order to receive passed. make a long-term difference without Federal funding to create or improve (The bill will be printed in a future improved trade agreements. I continue education databases. States and third edition of the RECORD.) to be troubled by the trade agreements parties will only be able to use the data Mr. BINGAMAN. Madam President, I into which our country has entered in in the P–16 systems to fulfill purposes move to reconsider the vote and to lay recent years. Too often, they lack even set out in State and Federal education that motion on the table. the most basic labor and environ- law and third parties who access the The motion to lay on the table was mental standards needed to prevent a data must sign a data use agreement agreed to. race to the bottom, and to ensure that prohibiting further disclosure or unau- Mr. FEINGOLD. Madam President, I our businesses and workers can com- thorized uses. States will also have to speak today in support of the America pete on an equal footing. The unfortu- account for all disclosures of data and Competes Act, ACA, a bill designed to nate result of these flawed agreements make the accounting available to indi- increase math and science opportuni- has been the flight of jobs overseas and viduals whose data has been disclosed. ties for our Nation’s youth, an issue of downward pressure on wages and bene- Additionally, States must maintain great importance in our increasingly fits for those jobs that remain. If adequate electronic security measures global economy. I have heard from Wis- agreements such as these continue to to safeguard the confidentiality and in- consinites at the K–12 education level be the rule, I am afraid that even with tegrity of the data. Databases estab- as well as members of my State’s high- significant investment in science and lished with these Federal grant dollars er education community who have technology our global position will would be subject to the protections of voiced support for the ACA and the continue to erode. the Family Educational and Privacy boost it provides to math and science While trade policy is an important Rights Act. Finally, the underlying bill programming. I am particularly aspect of our country’s competitive- requires States to assign students pleased the Senate accepted my ness, maintaining and strengthening unique identifiers in the State data- amendment to improve education pri- America’s competitiveness is a multi- bases and my amendment would pro- vacy protections in the P–16 database disciplinary effort. I am pleased that hibit Federal, State, and local agencies component of this legislation. the ACA includes funding for various from using the unique identifiers for For decades, America has dominated important education programs includ- any purposes except those allowed the science and technological fields ing teacher professional development under Federal and State education law, both in the higher education commu- and summer learning institutes for K– as well as requiring the Secretary of nity and the business sector. As the 12 teachers, and expanded access to AP Education to promulgate regulations National Academy of Sciences’, NAS, and IB courses for students in high- to govern the use of unique identifiers report ‘‘Above the Gathering Storm: need schools. Providing training and in order to safeguard individual pri- Energizing and Employing America for support to America’s teachers is an es- vacy. Brighter Future’’ outlined, the United sential component of strengthening our During consideration of the bill I States is facing some important chal- nation’s educational system and ensur- supported several amendments that lenges that need to be addressed if our ing the educational growth of Amer- would impose greater fiscal responsi- country wishes to remain the world- ican students. Teacher quality is one of bility, such as Senator DEMINT’s wide economic and scientific leader. the biggest factors that impacts stu- amendment opposing earmarks and The report made clear that the science dent achievement and too many stu- Senator COBURN’s amendment address- and technology preeminence that we dents in our nation’s most disadvan- ing the Advanced Technology Program. have enjoyed for decades should not be taged schools are taught by less experi- I did not support other amendments taken for granted and deserves serious enced and less qualified teachers than that, while well-intentioned, could attention. their counterparts in our more advan- have undermined the principles and The NAS report also highlights the taged schools. The programs provided purposes of the bill. I opposed Senator need for supporting basic and applied in the ACA move our country in the COBURN’s amendment to sunset the research as a foundation for America’s right direction towards closing the gap provisions of the ACA and its amend- continued competitive edge. The Amer- in teacher quality and increasing the ments because of my concerns that this ica COMPETES Act follows through on number of math and science teachers would nullify positive policy changes these suggestions by boosting funding throughout the country. made by the ACA. I also opposed his

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.056 S25APPT1 hmoore on PRODPC68 with HMSENATE S5070 CONGRESSIONAL RECORD — SENATE April 25, 2007 amendment regarding the grant pro- dinary effort that went into this legis- director Trudy Vincent has been ex- grams of the National Oceanic and At- lation and talk particularly about the tremely involved and helpful in getting mospheric Administration. That staff work that has brought us to this this legislation completed. I wish to amendment would have unduly inter- point. acknowledge the great work done by fered with grant recipients’ ability to I think everyone involved in this leg- Jason Unger and Mark Wetjen on Sen- meet the objectives of their grants by islation knows this represents many ator REID’s staff and by Libby Jarvis prohibiting participation in con- days and many nights of hard work by on Senator MCCONNELL’s staff. ferences that, for example, could fur- staff people in our personal offices as This is legislation which could not ther scientific understanding. Grant re- well as on committee staff. We have have come together without the good cipients from all Federal agencies al- seen a great example of how the staffs work of all of these people whose ready must comply with regulations of the various committees can come to- names I have mentioned. They can be that prohibit the misuse of Federal gether and produce a good product. proud of their success in this venture. funds on things such as entertainment I will reiterate the leadership among Of course, this is only one hurdle in and alcohol expenses. Senators for this work. Senator ALEX- the process. It seems, in the legislative I am pleased we were able to work in ANDER, of course, deserves tremendous process, no matter how many hurdles a bipartisan manner to pass this impor- credit. Senator DOMENICI deserves tre- jumped, there is always another ahead. tant legislation. Improving math and mendous credit. Senator LIEBERMAN We now have to find a way to reconcile science programs for disadvantaged and Senator ENSIGN have both worked any differences we have with the House youth and strengthening professional very hard on this legislation and de- on this set of issues. We hope we can do development opportunities for Amer- serve great credit as well. I know Sen- that successfully in the near future and ica’s teachers are critically important ators REID and MCCONNELL acknowl- send the bill to the President. to our Nation’s future. The United edged their good work. We also, of Again, I particularly congratulate States has long been known for its course, could not have done this with- Senator ALEXANDER and Senator leadership in scientific discoveries and out the leadership of Senator KENNEDY DOMENICI. I know Senator ALEXANDER achievement, but our country must and Senator ENZI on the HELP Com- has some comments he wants to make. continue to improve and strengthen mittee, and without the leadership of I yield the floor. our education programs related to Senator INOUYE, Senator STEVENS, Sen- The PRESIDING OFFICER. The Sen- math, science, and technology if the ator MIKULSKI, and Senator HUTCHISON. ator from Tennessee. United States wants to remain the There are several others I am sure I world’s leader on these issues. I believe should have on the list as well because Mr. ALEXANDER. I ask unanimous the America COMPETES Act moves this was a combined effort. consent to add the following Senators our country in the right direction to- The three committees that put this as cosponsors of S. 761, the America wards achieving these important goals. legislation together were the Health, COMPETES Act: Senators SNOWE and Mr. REID. Madam President, passing Education, Labor, and Pensions Com- HATCH. S. 761, the America COMPETES Act, is mittee, under the leadership of Senator The PRESIDING OFFICER. Without an important first step towards main- KENNEDY and Senator ENZI; of course, objection, it is so ordered. taining our country’s competitive ad- the Commerce, Science, and Transpor- Mr. ALEXANDER. Madam President, vantage in the global economy. tation Committee under Senator let me say to Senator BINGAMAN, I This legislation was written with INOUYE and Senator STEVENS; and the greatly appreciate working with him. I strong bipartisan cooperation and ne- Energy and Natural Resources Com- do not believe there will be a more im- gotiation. Many competing interests mittee. The portion of this legislation portant piece of legislation to come be- and competing views were heard during that came from the Energy and Nat- fore Congress this year because it goes an open amendment process with Sen- ural Resources Committee was re- right to the heart of something every ators free to offer their ideas for im- ported out when Senator DOMENICI was American understands, which is, How proving the legislation. And, in what I the chairman in the last Congress. I do we keep our jobs? This is the way we hope is a sign of things to come, we was proud to work with him in doing do it. We keep our brainpower advan- were not forced to file cloture to com- that. I can recall the effort the three of tage. We keep our jobs in competition plete action on this bill. Over the past us made—Senator ALEXANDER, Senator with China and India. There are other few days, the Senate worked just as it DOMENICI, and myself—to persuade the factors as well, but what we know is— was designed to do. President to make this a priority. He and we have a broad consensus in the We would not have achieved this did make it a priority. Of course, he de- Senate—that most of our remarkable great bipartisan success were it not for serves credit for that as well. standard of living, a situation where the hard work of Senators BINGAMAN Let me also talk for a minute about we have 30 percent of all the money in and ALEXANDER. While many Senators individual staff members on both sides the world produced in this country for played important roles in passing this of the aisle who worked very hard to about 5 percent of the people, comes bill, Senators BINGAMAN and ALEX- make this a success—from the Com- from our brainpower advantage, kin- ANDER were responsible for raising the merce Committee: Jean Toal-Eisen, dergarten through the twelfth grade, a awareness of our diminishing ability to Jason Mulvihill, Chan Lieu, Beth wonderful higher education system, compete, and for bringing a much- and our research institutes. That is the needed sense of urgency to this issue. I Bacon, Jeff Bingham, H.J. Derr, Floyd importance of this legislation. also want to recognize the hard work of Deschamps, and Christine Kurth; from The second thing about the legisla- a number of my colleagues, Senators the HELP Committee: Missy Rohrbach, Lindsay Hunsicker, Michael Yudin; tion is that, to a remarkable degree, we INOUYE, STEVENS, KENNEDY, ENZI, from my staff: Carmel Martin, David rely on the people we ought to rely on LIEBERMAN, ENSIGN, MIKULSKI, and Cleary, Anne Clough, Beth Buehlman, in giving the answer to the question, HUTCHISON, who were also instrumental in crafting and now passing this legis- Roberto Rodriguez, and Ilyse Schuman; How do we keep our brainpower advan- lation. from the Energy Committee: Bob tage? Senator BINGAMAN and I, with I look forward to working with my Simon, staff director Jonathan Ep- the encouragement and under the lead- colleagues to ensure that we follow stein, who has been working with me ership of Senator DOMENICI, who last through on the commitments and in- tirelessly on this legislation, Sam year was chairman of the Energy Com- vestments we made today in passing Fowler, and, of course, our general mittee, asked the National Academy of the America COMPETES Act. And I am counsel, Kathryn Clay, and Melanie Sciences: Please tell us the 10 things hopeful that we can continue to work Roberts; on Senator ALEXANDER’s staff: we need to do in order to keep our together in a bipartisan manner to Matt Sonnesyn and Jack Wells are the brainpower advantage so we can keep move this country forward. two with whom I am most familiar who our jobs. The PRESIDING OFFICER. The Sen- have worked so hard; from Senator So they asked Norm Augustine, the ator from New Mexico. LIEBERMAN’s staff: Rachel Stotsky, former head of Lockheed Martin, to Mr. BINGAMAN. Madam President, Craig Robinson, and Colleen Shogan; chair a distinguished group of about 21, let me speak again about the extraor- and from on my staff: My legislative and they gave up their summer 2 years

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.106 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5071 ago. They included three Nobel laure- we had 63 cosponsors of the Reid- Senator BINGAMAN, you always do, and ates, the former head of MIT, and oth- McConnell bill. you made sure the RECORD reflects ers of that caliber, and they gave us Finally, Senator REID allowed this to each of their names, including those of 20—in priority order—things to do. At come forward, and Senator MCCONNELL my staff. We all thank you for that act about that same time, the Council on worked with him in a way that per- of courtesy. Competitiveness had finished its work. mitted this environment. It is pretty I just want to say, we all knew when Senator LIEBERMAN and Senator EN- remarkable. We have had nothing like we started we were addressing a very SIGN had introduced their bill. this in the Senate this year. We had no big problem. I am sure each of us from That legislation, which was the cloture—not one bit of cloture. We had time to time has wondered whether Domenici-Bingaman legislation, after a a very complicated bill. We dealt with what we were doing was going to have lot of work with the Bush administra- 40 amendments, and we got it all done as big an effect as we hoped on our tion, became the Frist-Reid bill toward within a week—on one of the most im- children in their ability to improve the end of last year. Then, when we portant pieces of legislation. That is a their brainpower, as we help teachers changed parties in the Senate, the very significant achievement. We should not who teach them be better teachers of same bill became the Reid-McConnell forget the role Senator Frist played the hard subjects of math and science bill. So we had worked closely together last year in helping to move things and the like. in a bipartisan way where we were able along. So I thank my colleagues for the I am sure many times we wondered to overcome differences. privilege of being a part of it. whether this was the right avenue and I do not want the 88-to-8 vote to fool Senator BINGAMAN read the names, I approach. But once we got into it, it anybody. This was not that easy to do. believe, of all of the Democratic staff was apparent we had not been led This has been 2 years of work, with lots and Republican staff. I do not think he astray, that the leaders who put it to- of different committees, many dif- left anyone out. I want to especially, gether for us—and there is not a large ferent ideas. But it has been a success- therefore, say—I hope this is appro- group of them, but they are very tal- ful effort. priate to do—to Jonathan Epstein and ented, and they are very American— sought nothing but to give us the best As I said, briefly, just before the Senator BINGAMAN’s staff how much we vote, it is a privilege always to be a appreciate all of them. They really recommendations for our country. Senator. It has especially been a privi- have been indispensable to this effort. I That was a wonderful group in the Academies. Of course, their chairman, lege this week because the Senate is also thank Matt Sonnesyn, who has the former CEO of Lockheed Martin, acting as the Senate should. We are been our lead. He has been indispen- dealing, first, with one of the biggest just did a marvelous job. sable, as well, and David Cleary; and I am very hopeful, now that we have issues facing our country. Second, we Kathryn Clay on Senator DOMENICI’s done this, we will get the money appro- are recognizing it is one of that hand- staff, who has been crucial to the ef- priated. I pledge here tonight I will do ful of big issues that cannot be solved fort. The staff have spent hundreds of everything I can—and I hope we will by one party alone. The Democrats hours, literally, in the last 2 years muster more help as we go through ap- could have charged up and down the working carefully through the bill. propriations—to see that we give this hill all night long, and they could not I might say this, in conclusion—I legislative thrust a chance. If you want have done it. The Republicans could know Senator DOMENICI has something a shell, you will get a shell. If you do have done the same, and we could not to say—I took the legislation home not want to pay for these programs, have done it. We could only have done over the weekend and reread it, all 208 you will not help your kids, because it in the way we did it, and we did. pages. It is remarkably coherent, well there is nothing mysterious about this. There are other issues out there like written, and well organized. Maybe this There is a huge amount of work that that. I think of immigration, which the process would be a good model for has to be done by people and institu- majority leader has said we will be other legislation. tions that have to be paid. moving to soon. There is the question The House of Representatives is al- This bill says how we are going to of affordable health insurance for every ready moving. Congressman GORDON pay for it, but it is an authorizing bill. American. There is the question of en- and Congressman Boehlert joined Sen- I told the Senate that, and I proved it, ergy independence. I hope this is a ator BINGAMAN and me in asking the there is nothing we could do in terms model for how we can work together National Academies for their rec- of the Budget Act for those who wanted and avoid some of the petty bickering ommendations 2 years ago. Those rec- to stop it, because it does not spend we sometimes fall into. I think the ommendations have been introduced in money. It authorizes a series of new American people would appreciate the House. It is my hope that after our ideas as the program for the country. that, and I hope they will appreciate legislation goes there, the House will The program is immobile without the this. act soon, and we will be able to send resources that are stated. As we look I wish to thank especially the Sen- this legislation to the President. at it carefully, we might even see we ators whom Senator BINGAMAN talked Senator DOMENICI took us to the did not put enough in certain areas. I about. He and his staff have been a de- White House last year to talk with the am certainly going to go to conference light to work with. Senator DOMENICI, President about this issue. He secured and work on the Appropriations Com- of course, has been terrific to me as a the invitation, and it was not just a mittee with the full idea that we must junior member of his committee last Republican Senator or another Repub- fully fund this bill for the next 3 or 4 year, allowing me to work on this. But lican Senator, it was a Republican sen- years if we are going to get what we when Senator STEVENS and Senator ior Senator and a Democratic senior want for our young people and the INOUYE and Senator KENNEDY and Sen- Senator meeting with the President. teachers and parents who so anxiously ator ENZI, basically, lent their prestige That is the way we worked on this wait for something good and positive. and sense of urgency to this legislation issue. So we appreciate the President’s This day has been a long time com- and stepped back and allowed it to pro- attention and priority to this issue. It ing. For over a year, we have been ceed and participated rather than would not have happened without that, working to pass a bill that will give claim some jurisdictional advantage, either. America the brain power needed to that is what really helped. Thank you, Madam President. compete in the global marketplace. Senator ENSIGN made a tremendous The PRESIDING OFFICER. The Sen- This is a process that began in the difference within the Republican cau- ator from New Mexico. Energy Committee, with a request to cus, and Senator HUTCHISON and Sen- Mr. DOMENICI. Madam President, I the National Academy of Sciences to ator BOND, and Senator MIKULSKI on will be very brief because so much has put together a report that told us what that side. Senator CHAMBLISS and oth- been said, I do not think I should re- needed to be done to help America ers from the very beginning have peat it. I think all of the people who compete. That report, ‘‘Rising Above worked on this issue. That is why we deserve to be thanked have been the Gathering Storm,’’ led by former had 70 Senators on the Domenici- thanked. I thank Senator BINGAMAN for Lockheed CEO Norm Augustine, serves Bingaman bill last year—35 Repub- being so gracious to all of those who as the basis for the legislation we just licans, 35 Democrats. And that is why worked on this legislation. I say to passed.

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.108 S25APPT1 hmoore on PRODPC68 with HMSENATE S5072 CONGRESSIONAL RECORD — SENATE April 25, 2007 Last year, the Energy Committee Hickman. Since 1996, Jack has worked portant contributions of American men moved forward with legislation that in the Senate Document Room, has and women to scouting and their com- utilizes the Department of Energy and been the executive communications munity. Charles A. Scholz is certainly its national labs to train our teachers clerk, and is now the morning business deserving of such an award. and rekindle interest in math and editor. When he is here, he sits at the Charlie has spent most of his life in science. We called that bill the PACE— table right in front of me. Quincy, IL. At 80, he retains fond Protecting America’s Competitive Jack is physically a giant of a man, memories of his years as a Boy Scout Edge. very big. He has a wonderful sense of in Quincy. Charlie attended St. Francis At the end of last session, and again humor and is very easy to get along Grade School and Quincy Notre Dame this year, we were able to partner with with. He loves his alma mater, the Uni- High School. our leaders, Senator REID and Senator versity of Wisconsin. One of his sad Beginning in July of 1944, he served MCCONNELL, and our colleagues on the times was when UNLV beat them once, in the Navy V–12 Program, a unique Commerce and HELP Committees, to which was unexpected in a lot of quar- initiative designed to recruit commis- put together the comprehensive Amer- ters. He follows Wisconsin basketball sioned officers during World War II and ica COMPETES Act. and all of their sports teams very allow young men to pursue college de- Less than 6 percent of high school closely. grees while serving on active duty. seniors have plans to study engineer- Jack has two sons, Paul and Brian. Charlie continued his education at ing, but 50 percent of our current U.S. His wife’s name is Margaret, and he Mercer University, ultimately receiv- science and engineering workforce is brags about her all the time. ing his juris doctorate degree. approaching retirement age. I want the RECORD to be spread with After graduation, Charlie returned By bringing our national labs into the fact that it has been an enjoyable home to Quincy. On June 10, 1950, he the classroom, we can begin to address experience for me to be able to work married the late Nancy Wright. To- this problem. with someone of Jack’s caliber, to be gether they raised seven children in Since the Augustine report empha- able to joke with him and make fun of Quincy, instilling in each a desire to sizes the need for a renewed focus on each other in a respectful way on some serve the community. The success basic science and research, this bill au- of our idiosyncracies. achieved by the Scholz children, serves thorizes doubling the funding for DOE’s Jack Hickman is going to retire. To- as a testament to Charlie and Nancy’s Office of Science. morrow is his last day here. He and his characters, as well as their dedication I look forward to working with the wife had purchased a place in Florida to the family and their faith. House in conference to pass a strong, some time ago. He has been going down Charlie has been a successful attor- bipartisan bill that will allow America there on vacation in our off times. Now ney in Quincy for years; but he is to rise above the gathering storm and he will live there full time. known equally well for his continuing compete once again. Jack does, as do all of the Senate efforts to give back to the community. With that, Madam President, once personnel, invaluable work for us. He For 25 years, Charlie served on the again, I thank Senator BINGAMAN. It makes sure what we say goes in the board of directors of the Quincy Free has been a pleasure to get another bi- right place in the RECORD. He works Public Library. During his tenure as partisan bill through with you. If we with the court reporters and the rest of president of the library board, volun- keep doing this, they are going to be the staff. His work, even though it is teers carried out a successful campaign mentioning the Senator from New Mex- not very noteworthy to the public, is to raise funds for a new library. Charlie ico so much—mentioning you and then essential to the Senate functioning also served board of trustees of the me—they are going to think the whole properly. former St. Mary’s Hospital in Quincy, place is full of Senators from New Mex- I will really miss Jack a lot. He is first as a member and then as the ico. We do not have to worry about someone with whom I have a real board’s president. that. We will take what we can get and strong comfort level. I look forward, in Charlie founded the Quincy Notre do the best we can with it. the years to come, to being able to Dame Foundation to help support his I say to the Senator, thank you, visit with him again and talk about alma mater. He served on the board of LAMAR, for coming to me and asking: some of the times we have had. We governors of the Franciscan Sisters of Could I push this with you all? It was have spent many hours together on the the Poor Foundation, Inc. and served a pleasure—and under my chairman- Senate floor. During those years, I as a member of the Board of Land of ship—to push it with you and for you. didn’t control what we did; I was just Lincoln Legal Services Foundation. In It came out very well. here on the floor. We waited for long addition, Charlie was a past member of I yield the floor. periods of time for the leader—whether the Board of directors of the Commu- The PRESIDING OFFICER (Mr. it was a Democratic or Republican nity Foundation of Quincy. CASEY). The Senator from New Mexico. leader—to come and take us out at the The late Dr. Martin Luther King, Jr. f end of the day. We complained to each once said, ‘‘Everyone can be great, be- other, saying, ‘‘I wonder what they are cause everyone can serve.’’ Well, Char- MORNING BUSINESS doing.’’ Well, since I got this job, I lie Scholz has taken that declaration Mr. BINGAMAN. Mr. President, I ask have a better picture of that. Even to heart. He lives a life committed to unanimous consent that the Senate though it appears there is nothing his family, his faith, and his commu- proceed to a period of morning busi- going on out here, a lot of times, in the nity. I congratulate him on receiving ness, with Senators permitted to speak respective leaders’ offices, a lot is this award and thank him for his years for up to 10 minutes each. going on. of service. The PRESIDING OFFICER. Without Mr. President, I speak about Jack, f objection, it is so ordered. but in the process I speak of all these VIRGINIA TECH TRAGEDY f people who do so much for us and make us look good. Mr. CHAMBLISS. Mr. President, I JACK HICKMAN’S RETIREMENT I wish Jack good luck in his retire- wish to express my heartfelt condo- Mr. REID. Mr. President, prior to ment. lences to the family of 35-year-old this job as Democratic leader, I basi- f Christopher James ‘‘Jamie’’ Bishop, cally lived on the floor for 6 years. I one of the victims of the tragic Vir- was here from the time the Senate RECOGNIZING CHARLES A. SCHOLZ ginia Tech shooting rampage that oc- came into session until we went out Mr. DURBIN. Mr. President, today I curred this week. He was teaching an every day. During that period of time, congratulate my good friend Charles A. introductory German language course I got to know staff up here very well Scholz. On April 29, he will be honored in Norris Hall when the shooting oc- because I basically lived with them. by the Mississippi Valley Council, Boy curred. One of the people whom I certainly Scouts of America and presented with Jamie Bishop grew up in Pine Moun- have gotten to know over that period the 2007 Distinguished Citizen Award. tain and attended the University of of time is a man by the name of Jack This commendation recognizes the im- Georgia, where he earned a bachelor’s

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.057 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5073 degree in German studies in 1993 and a me he hadn’t been to the school for a sure its accuracy and ‘‘would have pub- master’s degree in German linguistics while. But the admissions officer still lic safety implications.’’ The GAO in 1998. Additionally, he was a Ful- remembered his name. He said, ‘This is warned that a corrupt dealer could pro- bright Scholar at Christian-Albrechts- Adam.’ The Admissions Officer said vide the FBI with a different name University in Kiel, Germany, in 1993 ‘Adam McSween?’ He couldn’t believe than that of the actual buyer to obtain and worked as an academic technology it. I couldn’t believe it. I think it approval for the name of the false pur- liaison at the University of North speaks volumes for the people of chaser and then proceed with the sale Carolina at Chapel Hill. York.’’ to the actual prohibited buyer. Such a It is clear that Jamie Bishop touched Hundreds of people from York and scheme would be nearly impossible to many lives with his personality, his many other areas of Nebraska and sur- detect with background check records sense of humor, his numerous talents, rounding States, people who never even destroyed before the ATF could audit his passion for teaching, and his love of knew a young college student named the dealer. Citing his concern about scientific art. In fact, those who were Adam McSween, came to his funeral the privacy of gun owners, Attorney close to him have said he talked about and lined the streets, proudly dis- General Ashcroft ignored the GAO re- ‘‘changing the world with art.’’ He has playing the American Flag as the pro- port and the 24-hour record-destruction been described as an intelligent, artis- cession made its way to Adam’s final provision went into effect. tic, caring, gentle, and polite indi- resting place in Greenwood Cemetery Another loophole in the law is that it vidual. in York, NE. applies only to sales by licensed gun It is difficult to fathom how some- In addition to his wife and two dealers, not to private transfers be- thing like this could happen, and words daughters, Petty Officer McSween is tween unlicensed persons. Approxi- can’t fully describe the grief we all feel survived by his parents Bob and Flor- mately 40 percent of gun sales are be- as the weight of this tragedy settles ence McSween; his two brothers Robert tween private persons, such as at gun over our Nation. My prayer is that, and Kyle; and his sister Angela. I offer shows. Only six States require back- through faith and resolve, our country my sincere condolences to the family ground checks on all firearm sales. Ac- will emerge from this disaster in unity and friends of Petty Officer McSween. cording to the ATF, almost one-third and strength as together we find heal- He made the ultimate and most coura- of trafficked guns are acquired at gun ing from this sorrow. geous sacrifice for our Nation. I join all shows and flea markets. These gath- Julianne and I will keep his wife Americans in grieving the loss of this erings present the perfect opportunity Stefanie Hofer, who is a member of the remarkable young man and know that for unlicensed sellers to offer countless Virginia Tech faculty, as well as his Petty Officer McSween’s passion for guns for sale with no questions asked. parents Michael and Jerri Bishop in serving, his leadership, and his selfless- People who would not pass a back- our thoughts and prayers during this ness will remain a source of inspiration ground check in a licensed gun store time of sorrow. for us all. are able to purchase as many guns as f f they wish at gun shows. Between the enactment in 1993 and HONORING OUR ARMED FORCES BACKGROUND CHECKS 2005, the Brady Act has prevented ap- PETTY OFFICER 1ST CLASS JOSEPH ADAM Mr. LEVIN. Mr. President, the Brady proximately 1.4 million convicted fel- MCSWEEN law requires prospective gun pur- ons and other prohibited persons from Mr. NELSON of Nebraska. Mr. Presi- chasers to undergo a criminal back- buying guns from licensed retail deal- dent, I wish to honor U.S. Navy Petty ground check before they are able to ers. Without NICS records, law enforce- Officer 1st Class Joseph Adam obtain a firearm from a federally li- ment officers do not have the oppor- McSween of Oak Harbor, WA. censed firearm dealer. It was created to tunity to retrieve a mistakenly sold Petty Officer McSween will be re- prevent felons, fugitives, domestic gun in order to protect against its use membered as a loving husband and fa- abusers, and other prohibited persons in a crime. I urge my colleagues to pass ther, a dedicated friend and sailor, and from gaining access to guns. However, commonsense gun regulations which a strong leader. After graduating from there are significant holes in this legis- would put an end to these gaping holes Georgia Christian High School, he re- lation that permit exploitation by in our gun laws. ceived a track scholarship to York Col- those who wish to avoid criminal back- f lege in York, NE, where he would later ground checks and still obtain guns. graduate in 2001 with an associate de- In 1993, President Clinton signed the THE STATE OF SMALL BUSINESS gree. While there, Petty Officer Brady bill into law. This law required a MANUFACTURING McSween was recognized as a natural waiting period for handgun sales until Ms. SNOWE. Mr. President, today I leader and participated in campus lead- records were available to instantly commemorate National Small Business ership activities. He also met and fell check criminal background of prospec- Week, which President Bush designated in love with his wife Erin Hammitt tive gun purchasers. Once the National for April 22–28, 2007. As ranking Mem- while they were students together. Instant Check System, NICS, became ber of the Senate Committee on Small They later had two daughters: Lily, operational in 1998, the Justice Depart- Business and Entrepreneurship, I have age 5, and Gwyneth, age 2. ment maintained background check made it one of my top priorities to On April 6, 2007, while serving near records on approved purchases for 6 champion our Nation’s small busi- Kirkuk, Iraq, as a demolition specialist months in order to ensure that felons nesses and manufacturers and promote with the Navy Explosive Ordnance Dis- and other prohibited buyers were not their needs and concerns. Our top job posal Unit 11, based at Whidbey Island, mistakenly approved. In 2001, the Jus- creators deserve nothing less. The fact WA, Petty Officer McSween and two tice Department shortened this record is, small businesses are the driving others passed away when a rocket hit retention period to 90 days, the actual force behind our Nation’s economic their humvee. McSween was 26 years amount of time it takes to ensure prop- growth, creating nearly three-quarters old. He was awarded the Bronze Star er audits of NICS. of all net new jobs and employing near- ‘‘V’’, Combat Distinguished Device, the Under the Bush administration, how- ly 51 percent of the private sector Purple Heart, and the Combat Action ever, Attorney General John Ashcroft workforce. It is essential that we in Ribbon at his military service. sought to require the records of ap- Congress continue to support small Adam was not a Nebraska resident, proved purchasers to be destroyed businesses ability to grow and expand but he chose to be buried in York, NE. within 24 hours. In July 2002, the Gov- so our economy can accelerate forward His very close friend, Petty Officer ernment Accountability Office, GAO, and create more jobs. Randy Leppell, U.S. Navy, had this to issued a report on the potential effects I can tell you, there is no higher pri- say at the funeral: ‘‘One thing I re- of next-day destruction of NICS back- ority for me than bolstering the state member about Adam, one story he told ground check records. It concluded of our Nation’s small manufacturers. was that he called back to some crazy that destroying these records within 24 In Maine, more than 20,700 manufac- little town called York, Nebraska, hours would prevent the Government turing jobs disappeared between Au- which I’d never heard of, and he told from auditing the NICS system to en- gust 2000 and August 2006. We here in

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.017 S25APPT1 hmoore on PRODPC68 with HMSENATE S5074 CONGRESSIONAL RECORD — SENATE April 25, 2007 Congress cannot accept any more to be provided to American manufac- private-sector employer in the United losses as a foregone conclusion. This turers as set forth for the Hollings States. According to the Office of Ad- vital sector continues to face tremen- Manufacturing Partnership Program. vocacy, which defines a small business dous challenges—taking on a signifi- By teaming with such organizations, as as an independent employer with fewer cant level of domestic costs that for- encouraged by the original statute, the than 500 employees, small firms rep- eign competitors do not, including centers can and do leverage their Fed- resent 99.7 percent of all employer labor costs, fuel costs, and the regu- eral resources and avoid duplicating firms. In 2005, approximately 25.8 mil- latory and tax burden. Sadly, as a re- services necessary for the successful lion small businesses, 671,800 of which sult, many manufacturers are forced to operation of American manufacturers. are estimated to have opened in that close their doors or outsource abroad. With the right resources, many more year alone, were operational and pro- The reality is, the manufacturing small manufacturers will be eligible to viding consumers and businesses with sector, more than any other sector, use this program to help grow their goods and services. Of these firms, 5.8 drives our Nation’s economy—with business. million had employees, and 18.6 million manufacturers responsible for more We cannot ignore the effect that were sole proprietorships. In contrast, than 70 percent of private sector re- countries like China are having on our there were only approximately 17,000 search and manufacturing goods mak- Nation’s manufacturers. In order to larger business in operation across the ing up over 60 percent of U.S. exports. compete fairly in this increasingly country in 2005. There is no coincidence that this is a competitive global market we must en- Not only do small businesses account value added industry. sure that currencies are not strategi- for just about every employer in the I believe that we can and must fight cally manipulated. That is why I will United States, but these firms are also for our Nation’s manufacturers espe- continue to work with the President job providers. Small businesses employ cially when you consider the manufac- and those in Congress to ensure that fully half of all private-sector workers. turing industries pay wages that are our Nation gets tough with China on They also pay more than 45 percent of about one-third higher than average those important issues. I continue to U.S. private payroll. Of the 113.4 mil- wages. And that is all the more true for pressure the Treasury Department and lion nonfarm private-sector workers in small business when they have re- the U.S. Trade Representative to also 2003, 57.4 million were employed by sources available that have proven work toward that goal China to move small firms with fewer than 500 em- their value, including the SBA which toward a market-based exchange rate. ployees. Notably, small businesses with has helped to create or retain over 5.3 The bottom line is, our country’s fu- fewer than 100 employees accounted for million jobs since 1999. And just last ture will be determined by today’s 41 million of that number. year, the manufacturing extension small businesses. The faster we In addition to employing American partnership’s, MEP’s, services helped strengthen and sustain our Nation’s workers, small businesses are also at to create and retain over 35,000 jobs small manufacturers, the more quickly the forefront of creating new jobs. Over and increase revenue by $6.25 billion. America’s economy will grow. the last decade, small businesses have We must work hand-in-glove with f generated 60 to 80 percent of net new Small Business Administration, SBA, SMALL BUSINESS’ VITAL jobs annually. What is particularly in- and MEP to bolster our manufacturing CONTRIBUTION TO THE ECONOMY teresting is that in 2003, the most re- cent year for which complete data is base to ensure not only that resources Mr. SNOWE. Mr. President, today I available, small businesses created are available to those who wanted to offer a few remarks regarding National 1,990,326 net new jobs. In contrast, large either maintain, grow, or start small Small Business Week, which President firms with 500 or more employees shed businesses. Bush designated for April 22–28, 2007. As 994,667 jobs. Thus, if it were not for That is why I introduced an amend- ranking member of the Senate Com- ment today to the America COM- mittee on Small Business and Entre- small businesses, the economy would PETES Act that clarifies the MEP non- preneurship, one of my top priorities is have lost jobs in 2003 instead of cre- Federal cost share language to enable to champion our Nation’s small busi- ating just about 1 million new employ- the MEP centers to draw down all of nesses and to promote their needs and ment opportunities for America’s their available funding and further en- concerns. Our top job creators deserve workforce. It is vital to point out that the jobs hance their capability and capacity to nothing less. work with manufacturers. This week, I have already discussed small businesses are creating reflect This amendment clarifies the intent how Congress must solve the small the needs of a high-tech, innovative, of Congress when it first enacted the business health insurance crisis and and global marketplace. Small busi- statute authorizing the Manufacturing bolster the state of our Nation’s small nesses have led the technological revo- Extension Partnership Program, now manufacturers. Today, I would like to lution and currently employ 41 percent known as the Hollings Manufacturing spend a few minutes on the critical role of high-tech workers, including sci- Partnership Program, to provide Fed- small businesses play in the American entists, engineers, and information eral assistance to manufacturers in the economy. In the back of our minds, we technology professionals. Moreover, United States. in Congress all know how vital small small businesses are constantly cre- A key concept in the program is the businesses are to economic growth. But ating new products, producing 13 to 14 requirement that each center obtain 50 when we come to the floor to speak times more patents per employee than percent of its capital and annual oper- about small businesses issues, we are large firms. In addition, these patents ating and maintenance costs from generally trying to fix a specific prob- are twice as likely as large-firm pat- sources other than the Federal Govern- lem. We generally gloss over the over- ents to be among the one percent most- ment. The National Institute of Stand- all impact small businesses have on often cited. Finally, America’s small ards and Technology, NIST, officials driving our Nation’s economy. business are competing on a global have, in the past, properly considered The Small Business Administration’s scale, comprising 97 percent of all iden- cost share requirements to have been Office of Advocacy, an independent tified exporters and producing 28.6 of met when centers partnered or entered voice for small businesses within the total exports in 2004. into other agreements with other orga- Federal Government, has published a The fact is small businesses are the nizations meeting the needs of Amer- wide variety of statistics regarding driving force behind our Nation’s eco- ican manufacturers. small firms. This data, which shows nomic growth creating nearly three- This amendment clarifies and re- that small businesses are responsible quarters of all net new jobs and em- emphasizes that such agreements and for 50 percent of nonfarm economic ploying nearly 51 percent of the private partnerships, and the money spent by output, or gross domestic product, sector workforce. These are the reasons those organizations assisting American clearly reflects how vital small busi- it is so essential that we in Congress manufacturers, clearly are to be con- nesses are to job creation and the Na- continue to support small businesses’ sidered proper cost share as long as the tion’s economy. ability to grow and expand so that our partnering organization is meeting the One little known fact is that small economy can accelerate forward and programmatic objectives for assistance businesses represent just about every create more jobs. I hope we keep this in

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.058 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5075 mind when we come to the floor to panic youths. The need for a concerted set of our state’s resident labor force and help stem fight for fewer regulations, a lower tax public policy responses both short-term and high levels of out-migration. long-term is needed. burden, and more affordable and acces- f sible health insurance for small busi- A variety of favorable educational, social, and labor market outcomes can be generated nesses and their employees. REFORMING THE STUDENT LOAN from an expansion of in-school work oppor- INDUSTRY f tunities for high school students, especially those from race-ethnic minority and low-in- Mr. KENNEDY. Mr. President, a col- COMBATTING VIOLENCE WITH come groups. umn by Joe Nocera from last Satur- JOBS FOR YOUTH National research has shown that minority day’s New York Times contains an ex- Mr. KENNEDY. Mr. President, a re- and low-income youths who work in high cellent analysis of the student loan in- cent op-ed article in the Boston Globe school are less likely to drop out than their dustry and the recent sale of Sallie peers who do not work. Students with jobs Mae. We often hear about the rising emphasizes the severity of the employ- that offer work-based learning opportunities ment problems facing today’s youth are more likely to see the relevance of cost of college and the debt that so and its relationship to the increase in school curriculum to future job performance many students shoulder to attend col- gang and gun-related violence in the and remain more committed to their school lege. As this article emphasizes, the in- Nation’s cities. work. dustry reaps enormous profits by forc- Easy access to guns and other dan- Teenage women who live in local areas ing students to burden themselves with gerous weapons and the shameful prev- that provide more job opportunities to them excessive debt. alence of drugs are major contributors are less likely to become pregnant, and male The recent sale of Sallie Mae illus- teens are less likely to become involved with trates the problem. The company, the to this problem, but so too is the lack the criminal justice system. National, state, of job opportunities available for our and local research also consistently reveals largest player in the industry, was pur- youth. We have failed to develop job that work in high school facilitates the tran- chased earlier this month by private programs that will help these youths sition to the labor market upon graduation equity firms and banks for an incred- build a future without guns and gangs. and increases the annual earnings of youth ible $25 billion, 50 percent premium In the Globe piece, William Spring, in their late teens and early 20s. over Sallie Mae’s stock price. the distinguished former vice president There are a variety of workforce develop- Financial specialists know how prof- of the Federal Reserve Bank of Boston ment strategies that can be pursued to boost itable lenders such as Sallie Mae are employment opportunities for high school because of the large Government sub- and a senior member of the domestic students during the regular school year and policy staff in the Carter administra- the summer. sidies these companies receive sub- tion, and Andrew Sum of First, the hiring of professional staff to sidies of more than a billion dollars Northeastern’s Center for Labor Mar- work with students and employers to create last year. As Congress moves forward ket Studies, argue that although we work-based learning opportunities, paid in- with reauthorizing the Higher Edu- face a very real problem with youth ternships, and regular job opportunities is cation Act, we must look closely at unemployment, we can do something important, especially for youth from low-in- this industry and its practices to en- constructive about it. The only ques- come families and those whose parents do sure that America’s students are the not work. Job brokering services of these ca- ones being served, not just the bottom tion is whether we have the will and reer specialists also can broaden the range of the wisdom to make the investments jobs by industry and occupation to which lines of America’s lenders. necessary to enable our youth to seek, high school students can be exposed. Mr. Nocera, a Times’ business col- find, and take advantage of the job op- At a minimum, maintaining last year’s in- umnist and former editorial director of portunities that can transform their creased funding for the existing Connecting Fortune magazine, is widely respected lives and make our communities safer Activities Program at $7 million can help and has won numerous awards for ex- and stronger. local Workforce Investment Boards increase cellence in business journalism. I be- I believe the article will be of inter- the hiring of staff to work with students and lieve his column will be of interest to employers to improve teen job prospects. all of us in Congress, as we consider the est to all of us in Congress, and I ask The governor and Legislature should jointly unanimous consent that it be printed support an increase in funding for such con- reauthorization of the Higher Edu- in the RECORD. necting activities and demand strong ac- cation Act, and I ask unanimous con- [From the Boston Globe, Apr. 5, 2007] countability for performance. sent that his article, ‘‘Sallie Mae Offers Second, employers who provide work-based COMBATTING VIOLENCE WITH JOBS FOR a Lesson in Cashing In,’’ be printed in learning opportunities and wages for stu- YOUTHS the RECORD. dents in school-to-career programs should re- (By William Spring and Andrew Sum) There being no objection, the mate- ceive tax credits for their hiring and training rial was ordered to be printed in the During the past few weeks, attention has of high school students. Many employers been focused on the rise in fatal shootings provide important staff support and in-kind RECORD, as follows: and gang-related activities in Boston. Gov- contributions to such programs and should [From the New York Times, Apr. 21, 2007] ernor Deval Patrick and Boston Mayor be rewarded for their efforts. SALLIE MAE OFFERS A LESSON ON CASHING IN Thomas Menino recently announced joint ef- Third, the governor should encourage all (By Joe Nocera) forts to combat gang violence, including an state agencies to promote the hiring of high expansion in youth summer jobs. Renewed school students during the summer months, Aren’t you just fuming about that Sallie public policy attention to youth labor mar- and more of the state’s mayors and town Mae deal? ket problems in Boston and the state is managers should follow the lead of Menino in The company, formally known as the SLM clearly warranted. While the overall number promoting the hiring of their high school Corporation, which has been the subject of of jobs has increased over the past few years, students by the private sector. recent expose´s and investigations, an- the labor market for teenagers in both the Fourth, the state should adopt a youth ap- nounced this week that it had agreed to be nation and state has remained extraor- prenticeship program similar to that of the taken private in a deal worth $25 billion. The dinarily weak. state of Wisconsin’s and more aggressively stock, which has been in a slow decline over Employment rates for the nation’s and promote apprenticeship training under the the last year, leapt. The market was pleased. state’s teens (age 16–19) in 2005 and 2006 were existing system in our state. Young workers But I’m here to tell you that the deal the lowest in the past 50 years. Male high in Wisconsin can receive youth apprentice- stinks, though not in the usual ‘‘manage- school students and dropouts across the ship training in up to 21 occupational fields ment and private equity are stealing your state have found it particularly difficult to under the state’s system, thereby providing company’’ kind of way. You’re free to dis- find work over the past six years, often in- employers with access to young skilled agree, of course, though if you do, you’re creasing their involvement in gang and workers in a structured work/training sys- probably not struggling to put your children criminal activities. tem. through college. To make matters worse, job opportunities Massachusetts should aim to become a na- Sallie Mae is the nation’s largest student for high school youths are distributed un- tional leader in both the employment and lender; indeed, it dominates the business. It evenly across key demographic and socio- training of its high school students and out- has the biggest share of government-guaran- economic groups. In 2005, white high school of-school youth. A more successful youth teed loans, originating $16 billion of such youths were twice as likely to work as black employment and training system can help loans last year alone. In 2006, it also gen- youths and 40 percent more likely than His- promote the future growth and quality of erated $7.4 billion in ‘‘private’’ loans: that is,

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.095 S25APPT1 hmoore on PRODPC68 with HMSENATE S5076 CONGRESSIONAL RECORD — SENATE April 25, 2007 loans that aren’t guaranteed, but which stu- and others so that they, in turn, would have According to them—and they are right dents need because their tuition, room and the cash to make yet more student loans. about this—a big part of the problem is that board so far exceeds the pathetic $23,000 the The government subsidized such loans to Congress hasn’t raised the limit on govern- government guarantees over the course of an give lenders the incentive to make them, ment-guaranteed loans since the early 1990s, undergraduate degree. since the interest rates were fairly low, and and that fact, rather than the lenders’ greed, The most popular government-guaranteed the margins were thin. The private loan is what has driven the explosive rise in pri- loans come with interest rate caps (currently business largely didn’t exist. vate loans. Although they complained that 6.8 percent) but they also have certain unde- During the Clinton administration, the any move by Democrats to lower subsidies niable advantages for Sallie Mae and its government created a new direct-loan pro- and interest rates would hurt its business, competitors. They are subsidized by the De- gram, thus potentially cutting out the indus- they denied that this would cause Sallie Mae partment of Education. The government try, and leaving Sallie Mae with the prospect to promote its private business at the ex- makes the lenders nearly whole, even if the of becoming irrelevant. At the time, Sallie pense of its government-guaranteed business. student defaults. And the companies are Mae was prevented by law from originating And maybe it won’t. But even so, the cur- guaranteed by law a decent rate of return. its own loans. rent for-profit student lending industry is In other words, the lender takes no risk. In 1997, Albert L. Lord became the chief ex- still more about shareholders and profits The private loans are even more lucrative ecutive of Sallie Mae. (He remains the com- than about the genuine needs of students, because companies can charge whatever in- pany’s chairman.) Despite presiding over a who very often don’t have enough money in terest rate they want—not to mention all government-sponsored entity, Mr. Lord was the first 2, or 5, or even 10 years out of col- kinds of fees. In all, Sallie Mae originated an unapologetic capitalist, who decided that lege to pay the high interest rates and oner- more than 25 percent of the student loans Sallie’s best bet was to untether itself from ous fees that make the industry so profit- made last year. the feds and go directly into the loan busi- able. But wait. There’s more. Sallie Mae buys ness. There are some things in life that really loans from other education lenders and then Under his leadership, Sallie shed its status ought to be about more than making money. as a government-sponsored entity and began securitizes them. It has a loan consolidation Surely, student loans should be on that list. the process of dominating the industry. It business, so students can wrap all their edu- Sallie Mae was once an institution where built those controversial ties to financial aid cation loans into one big fat Sallie Mae loan. profits took a back seat to performing a pub- officials. It helped push back the direct loan It even has its own collection agency so it lic good. That, alas, is no longer the case. business, which many people believe offers Lest you doubt me, listen to Mr. Lord him- can hound delinquent broke graduates into taxpayers a much better deal. It got into the repaying. (Government-guaranteed college self. On Thursday, The Washington Post pub- private loan business. It became the 800– lished an interview in which he bluntly de- loans, by the way, aren’t easily discharged if pound gorilla. From 1999 to 2004, Mr. Lord ac- the borrower files for bankruptcy.) Sallie’s clared that his decision to take the company cumulated $235 million, most of it from private stemmed from his frustration with market power—and its close ties to univer- stock options. He got so rich making student sity financial aid administrators, as we’ve ‘‘the politicians’’ whose decisions were hurt- loans that he even led one of the groups try- ing Sallie’s share price. These are the same been learning lately from Jonathan D. ing to buy the Washington Nationals base- Glater, a reporter for The New York Times, politicians, of course, who passed the laws ball team. that made Sallie’s business possible. But and others—have made it immensely profit- The abuses and problems that have re- able. In 2006, the company made over $1 bil- never mind. cently come to light have actually been ‘‘I didn’t see our share price rebounding lion. around for years. But it wasn’t until a new anytime soon and I said, ‘This is silly,’’’ Mr. Thus, you can’t blame the private equity entrant into the field, MyRichUncle, began Lord told the paper. Mr. Lord added that guys for drooling over Sallie Mae. They look running a series of advertisements asking when the buyout is complete and he leaves at the company, and the arena in which it pointed questions about the cozy relation- the company, he’ll walk away with a $135 plays, and they see never-ending tuition in- ships between financial aid officials and ex- creases. The need for a college education will million payout. ecutives at the big educational lenders, that Are you mad yet? only increase in importance. Most cash-short the world took notice. The small company’s students and middle-class parents will con- two founders, Raza Khan and Vishal Garg, f tinue to borrow lots of money to pay the both 29, had the radical idea that if they of- THE VISIT OF PRIME MINISTER $100,000 to $150,000 required to attend a good fered lower interest rates and a better deal, SHINZO ABE college. Although the Democrats want to cut students and parents would flock to them. the subsidies for government-backed loans, Instead, they discovered that most people Mr. OBAMA. Mr. President, today I and lower the interest rate caps, the more simply did whatever the university federal extend my welcome to Prime Minister lucrative private market is going to con- aid officer suggested, and they couldn’t get Shinzo Abe of Japan, who is making tinue to explode. No wonder the private eq- on the list of ‘‘preferred lenders.’’ his first trip to the United States as Shut out by what they saw as a cartel, uity firms of J. C. Flowers & Company and Prime Minister this week. Friedman Fleischer & Lowe were willing to they decided to fight back with a public campaign. That campaign helped set in mo- The U.S. Japan alliance has been one offer a 50 percent premium over Sallie’s of the great successes of the postwar stock price—and load on $16 billion in new tion the current investigation by Mr. debt. This thing is a gold mine, I tell you. Cuomo—and earned the MyRichUncle found- era, and Japan’s remarkable achieve- But there’s another, less market-oriented ers the eternal enmity of Sallie Mae and the ments and constructive role in world way to look at this. The entire educational- rest of the industry. affairs over the past 60 years are a lending racket is built around the business of Not that they appear to care. ‘‘We love great testament to the Japanese peo- piling thousands of dollars worth of debt talking about Sallie Mae,’’ Mr. Khan told me with a devious chuckle. Mr. Khan believes ple. As the world’s two wealthiest de- onto a class of Americans who will probably that students will be better served if the mocracies, the U.S. and Japan, have a have to struggle to pay it back. ‘‘We ask peo- lending companies start competing on the shared interest in promoting security ple who are trying to make something of basis of interest rates and price—and not and prosperity in Asia and around the themselves to mortgage their future, and just on who can cozy up to the universities. world—shared interests that rest on a Sallie Mae profits from that,’’ said Elizabeth It is hard to disagree with him. Warren, a professor at Harvard Law School. bedrock of shared values: in democ- What does Sallie Mae say about all of this? racy, the rule of law, human rights, And when those former students have to You will not be surprised to hear that the start paying back the loans, and they don’t company views itself not as the college stu- and free markets. have a good-paying job, and they start to fall dent’s tormentor but as her best friend. I As one of America’s closest allies, behind, the industry takes full advantage. spoke to two Sallie Mae representatives, a Japan today plays a vital role in work- Meanwhile, many of the practices now under senior vice president named Barry Goulding, ing with the United States in main- investigation by the New York attorney gen- and Tom Joyce, its vice president for cor- taining regional security and stability, eral, Andrew M. Cuomo, are intended pri- porate communications, both of whom in- promoting prosperity, and meeting the marily to keep out competition that might sisted that Sallie Mae was the dominant new security challenges of the 21st cen- bring down the cost of those loans. Last player because it offered students and ad- week, Sallie Mae paid $2 million to settle an ministrators the best level of service, and tury. investigation that Mr. Cuomo’s office was the best array of products. They insisted Japan’s role in the Six Party Talks— undertaking. In other words, Sallie Mae and that borrowers who exhibited exemplary be- supporting efforts to persuade North its competitors are maximizing profits on havior often got interest rate reductions. Korea to abandon its nuclear weapons the backs of college students. Can that real- (Those who missed a payment weren’t so program and return to the non- ly be the right priority for our society? lucky, however.) They said that the so-called proliferation treaty and IAE safe- It wasn’t always like this. Sallie Mae was preferred-lender list was actually a good guards—has been essential. And beyond started in 1972, and for most of its existence thing, and not a way to keep out competi- North Korea, Japan today is playing a it was a ‘‘government-sponsored entity’’ like tion. Fannie Mae or Freddie Mac. Its primary role ‘‘The vast majority of schools go through a leading role in the architecture of the was to buy up and securitize government- competitive bidding process and get the best Asia-Pacific region, including partici- backed student loans originated by banks deals for students,’’ Mr. Joyce said. pating in peace keeping operations, and

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.060 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5077 in building stable and enduring struc- Clean Development and Climate, the key role Japan plays as an anchor tures for cooperative regional security. through which the U.S., Japan, and of U.S. economic and security interests In the face of such threats as North others in the region seek to marshal in the region and across the globe. Korea’s nuclear and missile programs, the scientific and technical expertise Third, recognizing the important role Japan, in partnership with the United needed to develop cleaner and more ef- that Japan now plays around the States, has also sought to reinvigorate ficient technologies and bring about a globe—on peacekeeping, economic de- its security profile in the region. Ja- carbon-neutral Asia-Pacific region velopment, global warming and new pan’s efforts to develop a more capable without sacrificing economic growth. transnational threats—I believe the Self-Defense Forces, as well as the As the world’s second-largest econ- time has long since passed for Japan to Prime Minister’s elevation of the omy, Japan is a vital source of growth have a role commensurate with its re- Japan Defense Agency to a Ministry, and dynamism for the rest of the sponsibilities, including in the U.N. Se- are, in my view, both to be welcomed world. In this regard, the reemergence curity Council. as signs of a ‘‘normal’’ Japan, able and of Japan from its ‘‘lost decade’’ of vir- The visit of Prime Minister Abe pro- willing to play a leading and respon- tually no economic growth is a most vides us an opportunity to rededicate sible role in the region. welcome development. ourselves to the U.S.-Japan partner- The U.S.-Japan alliance must remain There is nonetheless still more Japan ship, with the same spirit that has gov- at the core of efforts to revitalize Ja- can do at home to improve the struc- erned our relations for over 60 years. pan’s role in ensuing stability and se- ture of its economy, from removing America benefits greatly from a close curity in the region. One key aspect of regulations that stifle business com- and productive partnership with a this effort is the realignment of forces petition and innovation to further de- Japan that is confident about its fu- currently in Japan, making certain velop Tokyo as a global financial mar- ture and willing and able to play a that America’s ability to respond to ket. And the Japanese economy is still leading role in creating a peaceful and threats in the region is not diminished. not open enough to imports in key sec- prosperous Asia. Japan has shown that it is not only tors or to foreign direct investment. f playing a responsible leadership role in The United States has an interest in STATE-BASED HEALTH CARE its own region, but globally as well. seeing Japan address these challenges The occasion of the Prime Minister’s REFORM ACT so that the Japanese economy can con- visit provides an opportunity for the tinue to play a leading role in sus- Mr. FEINGOLD. Mr. President, there people of the United States to express taining global economic growth. is a crisis facing our country, a crisis our deep appreciation to Japan for its Although not without its chal- that directly affects the lives of over 45 contributions to our efforts to combat lenges—as is natural in any normal bi- million people in the United States, al-Qaeda and other international ter- lateral relationship—the United States and that indirectly affects many more. rorist organizations. In Afghanistan, and Japan today have a strong and The crisis is the lack of universal Japan has donated over $1 billion in de- deep relationship and the basis for health insurance in America, and its velopment funds to rebuild vital infra- close cooperation and partnership effects are rippling through our fami- structure precisely the sort of effort to which will allow us to work together to lies, our communities, and our econ- transform the environment in Afghani- meet the challenges of the decades omy. It is the No. 1 issue that I hear stan that will be key to defeating al- about in Wisconsin, and it is the No. 1 Qaeda and the Taliban. And Japan has ahead. But I would be remiss in my duties as issue for many Americans. Neverthe- provided critical support—often un- a friend of Japan if I did not note that less, the issue has been largely ignored seen—in multilateral efforts to thwart for Japan to be able to play a leading in the Halls of Congress. We sit idle, the growth of terrorist organizations in role in Asia and be perceived by its locked in a stalemate, refusing to give Southeast Asia. this life-threatening problem its due Japan has also proved to be an in- neighbors as a ‘‘normal’’ nation it attention. We need a way to break that valuable partner in providing humani- must deal forthrightly with its history. deadlock, and that is why I have intro- tarian response and relief in the South- It is important for Japan to face these duced a bill with the Senator from east Asia. Japan joined with the United issue fully, openly, and honestly. A South Carolina, LINDSEY GRAHAM, that States in responding to the tragic De- Japan that is mindful of its past can will do just that—the State-Based cember 2005 tsunami, and has worked and should play a leading role in Asia’s Health Care Reform Act. with others across the region to de- future. Senator GRAHAM and I are from oppo- velop an effective tsunami early warn- So let me, in turn, close with some site ends of the political spectrum, we ing system. thoughts on the future of the U.S.- And Japan has worked with the Japan relationship. are from different areas of the country, United States and others in the inter- First, I believe that it is important and we have different views on health national community to develop the in- for Americans, so used to a close part- care. But we agree that something frastructure and institutions we need nership with Japan, to embrace the needs to be done about health care in in order to face new transnational complex realities of a Japan that is a our country. Every day, all over our challenges like the threat of avian in- ‘‘normal nation’’—one that has its own Nation, Americans suffer from medical fluenza. Also, although Japan’s foreign identity, vision, and goals. Such a conditions that cause them pain and assistance level declined earlier in the Japan should be welcomed by the even change they way they lead their decade, as part of the 2005 G8 global de- United States as a true partner and lives. Every one of us has either experi- velopment discussions, Japan an- friend, even while understanding that enced this personally or through a fam- nounced it would increase foreign aid it may mean that there will be dif- ily member suffering from cancer, Alz- by $10 billion in aggregate over the ferences on certain issues. heimer’s, diabetes, genetic disorders, next 5 years, and double its assistance Given the new regional realities, mental illness or some other condition. to Africa over the next 3 years. United States can no longer take man- The disease takes its toll on both indi- With newspaper headlines that re- aging the U.S.-Japan alliance for viduals and families, as trips to the mind us on a daily basis of the risk the granted. hospital for treatments such as chemo- planet faces from climate change, we Second, although the U.S.-Japan re- therapy test the strength of the person must also recognize the critical leader- lationship remains the centerpiece of and the family affected. This is an in- ship role in the international commu- both U.S. and Japanese policy in the credibly difficult situation for anyone. nity that Japan has played on environ- Asia-Pacific region, in recent years the But for the uninsured and under- mental issues and climate change. The Bush administration has let its atten- insured, the suffering goes beyond Kyoto Protocol, which was negotiated tion to this critical relationship drift physical discomfort. These Americans in Japan’s ancient capital of Kyoto in as it has been distracted by other bear the additional burden of won- 1997, has now been ratified by over 160 issues. dering where the next dollar for their nations. The alliance demands, and is deserv- health care bills will come from; wor- Japan has also played a key role in ing of, close political cooperation and ries of going into debt; worries of going forging the Asia-Pacific Partnership on coordination at every level, reflecting bankrupt because of health care needs.

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.062 S25APPT1 hmoore on PRODPC68 with HMSENATE S5078 CONGRESSIONAL RECORD — SENATE April 25, 2007 When illness strikes families, the last I am pleased to be joined by Senator the State plans must include specific thing they should have to think about GRAHAM in introducing the State-Based target dates for decreasing the number is money, but for many in our country, Health Care Reform Act. In short, this of uninsured, and must also identify a this is a persistent burden that causes bill establishes a pilot project to pro- set of minimum benefits for every cov- additional stress and hopelessness vide states with the resources needed ered individual. These benefits must be when they are ill. to implement universal health care re- comparable to health insurance offered It is difficult to do justice to the form. The bill does not dictate what to Federal employees. Second, the magnitude of the uninsurance problem, kind of reform the States should imple- State plans must include a mechanism but I want to share a few astounding ment, it just provides an incentive for to guarantee that the insurance is af- statistics. Forty-seven percent of the action, provided the states meet cer- fordable. Americans should not go uninsured avoided seeking care in 2003 tain minimum coverage and low-in- broke trying to keep healthy, and due to the cost. Thirty-five percent come requirements. health care reform should ensure that needed care but did not get it. Thirty- Even though Senator GRAHAM and I individual costs are manageable. The seven percent did not fill a prescription support different methods of health State-Based Health Care Reform Act because of cost. The uninsured are care reform, we both agree that this bases affordability on income. seven times more likely to seek care in legislation presents a viable solution to Another provision in this legislation an emergency room. They are less like- the logjam preventing reform. I have requires that the States contribute to ly to receive preventative care because long said that a single-payer health paying for their new health care pro- they cannot afford to see the doctor, care system is what I prefer for our grams. The Federal Government will and they are more likely to die as a re- country. Senator GRAHAM would like to provide matching funds based on en- sult. Each year, at least 18,000 people see health care privatized and see a hanced FMAP—the same standard used die prematurely in this country be- base, catastrophic coverage offered to for SCHIP—and will then provide an cause of uninsurance. If the uninsured everyone. Despite our disagreements additional 5 percent. States that can had access to continuous health cov- about the form that health care reform afford to provide more are encouraged erage, a reduction in mortality of 5 should take, we agree on this legisla- to, but the matching requirement will percent to 15 percent could be achieved. ensure the financial viability of the The United States is the only indus- tion. This bipartisan legislation harnesses bill and state buy-in. Other than these trialized nation that does not guar- the talent and ingenuity of Americans requirements, the states largely have antee health care for its citizens. In other countries, if someone is sick, to come up with new solutions. This flexibility to design a plan that works they get proper care regardless of abil- approach takes advantage of America’s best for their respective residents. The ity to pay. In our country, that is not greatest resources—the mind power possibilities for reform are wide open. One of the main criticisms of Federal the case. It is unacceptable for a nation and creativity of the American peo- Government spending on health care is as great as America to not provide ple—to move our country toward the that it is expensive and increases the good health care for all our citizens. goal of a working health care system deficit. My legislation is fully offset, We are failing those in need. We are with universal coverage. With help ensuring that it will not increase the failing the hard-working family that from the Federal Government, States cannot afford the insurance offered to will be able to try new ways of cov- deficit. The bill doesn’t avoid making them. We are failing the uninsured ering all their residents, and our polit- the tough budget choices that need to children whose parents do not have any ical logjam around health care will be made if we are going to pay for access to insurance. We are failing low- begin to loosen. health care reform. One of the offsets in the bill was pro- income Americans and middle-income Over the years I have heard many dif- posed by the Congressional Budget Of- Americans alike. This is not right. We ferent proposals for how we should fice: an increase in the flat rebate paid can do better. change the health care system in this Even for those Americans who cur- country. Some propose using tax incen- by drug manufacturers for Medicaid rently have health insurance through tives as a way to expand access to prescription drugs. Currently, Medicaid their employer, the risk of becoming health care. Others think the best ap- recoups a portion of its drug spending uninsured is very real. Large busi- proach is to expand public programs. through a rebate paid by the manufac- nesses are finding themselves less com- Some feel a national single payer turer. The savings mechanism would petitive in the global market because health care system is the only way to set a flat rebate, and provide funding of skyrocketing health care costs. go. We need to consider all of these as for the States’ health care reform Small businesses are finding it difficult we address our broken health care sys- projects. Another offset in the bill, also to offer insurance to employees while tem. proposed by the Congressional Budget staying competitive in their own com- Under our proposal, States can be Office, is reduced subsidies for Medi- munities. Our health care system has creative in the state resources they use care Part D prescription drug benefits failed to keep costs in check, and there to expand health care coverage. For ex- for the highest income seniors. This is simply no way we can expect busi- ample, a state can use personal or em- would impact only single retirees earn- nesses to keep up. More and more, em- ployer mandates for coverage, use ing more than $80,000 per year and mar- ployers are forced to increase employee State tax incentives, create a single- ried retirees earning more than cost-sharing or to offer subpar benefits, payer system or even join with neigh- $160,000—less than 5 percent of all or no benefits at all. Employers cannot boring States to offer a regional health Medicare beneficiaries. be the sole provider of health care care plan. The proposals are subject Additional funding for the bill comes when these costs are rising faster than only to the approval of the newly cre- from the President’s fiscal year 2007 inflation. ated Health Care Coverage Task Force, budget proposal to extend the author- I travel to each of Wisconsin’s 72 which will be composed of health care ity of the Federal Communications counties every year to hold townhall experts, consumers, and representa- Commission to auction the radio spec- meetings. Almost every year, the No. 1 tives from groups affected by health trum and the authority of Customs and issue raised at these listening sessions care reform. This task force will be re- Border Protection to collect multiple is the same—health care. The failure of sponsible for choosing viable state different conveyance and passenger our health care system brings people to projects and ensuring that the projects user fees through fiscal year 2016. My these meetings in droves. These people are effective. The task force will also bill proposes similar extensions of used to think government involvement help the States develop projects, and these established authorities. Also, my was a terrible idea, but not anymore. will continue a dialogue with the bill proposes to both simplify and re- Now they come armed with their frus- States in order to facilitate a good re- duce the Federal subsidy of airline pas- tration, their anger, and their despera- lationship between the State and Fed- senger screening costs by replacing the tion, and they tell me that their busi- eral Governments. current variable fee, which is capped at nesses and their lives are being de- The task force is also charged with $5 per one-way trip, with a flat $5 fee. stroyed by health care costs, and they making sure that the State plans meet This proposal is similar to one in the want the government to step in. certain minimal requirements. First, president’s fiscal year 2007 budget and

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.069 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5079 would decrease Federal subsidies to forest were from the estate of Marshall culture and mainstreet businesses. She about 30 percent of passenger security J. Hapgood, who, years earlier, had ad- knows agriculture and small business costs, without reducing aviation secu- vocated for a National Forest in the play a vital role in healthy rural com- rity spending. Green Mountains. Hapgood was a prac- munities. Over the years, Dr. We can say that it is time to move titioner of scientific forestry on his Stranahan has, as a concerned indi- toward universal coverage, but it is own lands and saw the value of a sus- vidual, been a core donor for innumer- empty rhetoric without a feasible plan. tainable timber resource and watershed able charities and non-profits in Mon- I believe that this is the way to make protection. tana. universal coverage work in this coun- From that initial Hapgood acquisi- But this year Dr. Stranahan is taking try. Universal coverage doesn’t mean tion of just over 1,000 acres, the Green her philanthropic commitment to a that we have to copy a system already Mountain National Forest has grown whole new level in chartering the Mon- in place in another country. We can to more than 400,000 acres today, and it tana Good Works Foundation. This new harness our Nation’s creativity and en- includes in the northern half of the for- Montana foundation will work to focus trepreneurial spirit to design a system est many of the lands conserved by an- Dr. Stranahan’s grants and donations that is uniquely American. Universal other conservation pioneer, Joseph on social justice, rural community de- coverage doesn’t have to be defined by Battell. velopment, and sustainable business what’s been attempted in the past. The Green Mountain National Forest development in Montana. What universal coverage does mean is today is fulfilling the vision of those In one of the Montana Good Works providing a solution for a broken sys- early forestland stewards by protecting Foundation’s first gifts, Dr. Stranahan tem where millions are uninsured, and watersheds, providing forest products, has shown extraordinary leadership by where businesses and Americans are forest management demonstration and giving $1.42 million to the Montana struggling under the burden of health recreational opportunities. The Green Community Development Corporation. care costs. Mountain forest hosts segments of the This gift kicks off MCDC’s campaign to It has been over 10 years since the Long and Appalachian Trails, alpine grow its loan fund for Montana busi- last serious debate over health care re- ski areas, several wilderness areas and nesses to $15 million and it empowers form was killed by special interests two national recreation areas, one of MCDC to expand its business coaching and the soft money contributions they which is now named in honor of our services. Dr. Stranahan has further committed used to corrupt the legislative process. late colleague, Robert T. Stafford. to help Montana Community Develop- The legislative landscape is now much As one of Vermont’s Senators, I am ment Corporation recruit more philan- different. Soft money can no longer be proud to have been able to play a role thropists to this important effort to used to set the agenda, and businesses in the growth of the national forest in build entrepreneurship in Montana. and workers are crying out as never be- my State, in both land area and with I commend Dr. Stranahan for her fore for Congress to do something its facilities. I am also grateful to the great leadership in rural philanthropy. about the country’s health care crisis. dedicated, professional staff of the The Big Sky Institute reports that We are fortunate to live in a country Green Mountain National Forest who rural States like Montana are on the that has been abundantly blessed with recently completed the new land and short end of a great disparity in foun- democracy and wealth, and yet there resource management plan for the for- dation grant-making. The Big Sky In- are those in our society whose daily est and who were particularly helpful stitute found that, adjusting for popu- health struggles overshadow these to the congressional delegation during lation, foundation grants to rural blessings. That is an injustice, but it is our recent wilderness deliberations. States are less than a fifth of the na- one we can and must address. Dr. Mar- As we celebrate its 75th anniversary, tional average. After adjusting for pop- tin Luther King, Jr., said, ‘‘Of all the we are also proud that the Green ulation, foundation grants to rural forms of inequality, injustice in health Mountain National Forest will be pro- States are less than a tenth of the care is the most shocking and inhu- viding the 2007 Capitol christmas tree amount received in the State of New mane.’’ It is long past time for Con- for the National Mall, and the com- York. gress to heed these words and end this panion trees for many of our public Last May, I spoke to the annual con- terrible inequality. I urge my col- buildings in Washington a tangible ex- ference of the Council on Foundations leagues to support the State-Based ample of how the Green Mountain Na- in Pittsburgh, PA. I challenged founda- Health Care Reform Act. tional Forest is being shared by all tions to double their grant-making to f Americans. rural States within 5 years. And I am COMMEMORATING GREEN f working with leaders in the nonprofit and foundations communities to con- MOUNTAIN NATIONAL FOREST ADDITIONAL STATEMENTS vene a rural philanthropy conference in Mr. LEAHY. Mr. President, 75 years Missoula this August. I am proud of ago today, President Herbert Hoover RECOGNITION OF DR. MARY the progress we are making in rural signed a proclamation officially estab- philanthropy. And I look forward to lishing the Green Mountain National STRANAHAN ∑ working together with Montana phi- Forest in Vermont. Mr. BAUCUS. Mr. President, today I lanthropists like Dr. Stranahan to This was the result of significant ef- wish to recognize Dr. Mary Stranahan. keep the ball rolling. fort on the part of the State of Dr. Stranahan is a retired medical doc- I applaud Dr. Stranahan for the vi- Vermont and several of the State’s tor and an active philanthropist who sion and the scope of her philanthropy. leading conservationists and legisla- lives in Arlee, MT. Arlee is a small In particular, I commend her commit- tors of the time. While a number of town in western Montana located on ment to building rural entrepreneurs Vermonters had proposed a national the Flathead Indian Reservation in as a core philanthropic strategy. Dr. forest in the State just after the turn Lake County. Arlee is a place of incred- Stranahan is one of the new Montana of the 20th century, it took a sustained ible physical beauty, like so many leaders who are showing the world that effort over the next three decades for places in Montana. But amid the beau- Montana truly deserves its designation this vision to become a reality. ty are poverty and economic chal- as the Treasure State. In 1925, the Vermont General Assem- lenges. Lake County ranks as one of I recognize and commend Dr. Mary bly passed the enabling act to allow the poorest counties in Montana. In Stranahan for her substantial efforts the Forest Service to purchase land in her years as a practicing family physi- on behalf of Montana’s communities Vermont. Many would argue just 2 cian in Lake County and on the res- and Montana’s future.∑ years later that the devastating impact ervation, Mary saw first-hand the rela- f of the 1927 flood showed the need for tionship between limited economic op- sound forest management practices in portunity and family health. HONORING THE LIFE OF FRED the Green Mountains. It was fitting Since retiring from medicine, Dr. OCHI that the initial land purchases for the Stranahan has become immersed in the ∑ Mr. CRAPO. Mr. President, I note the southern half of Vermont’s national survival and success of local agri- passing of a most distinguished and

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.070 S25APPT1 hmoore on PRODPC68 with HMSENATE S5080 CONGRESSIONAL RECORD — SENATE April 25, 2007 talented Idaho artist and businessman, missed, and I offer his family my con- EC–1613. A communication from the Dep- Fred I. Ochi, on February 18, 2007. Fred dolences and our gratitude for sharing uty Director for Regulations, Office of Pipe- lived in my hometown of Idaho Falls Fred and his art and legacy with us line Safety, Department of Transportation, and was best known throughout Idaho all.∑ transmitting, pursuant to law, the report of a rule entitled ‘‘Pipeline Safety: Design and and the West for his beautiful paint- f Construction Requirements to Reduce Inter- ings; barns were one of the trademark MESSAGE FROM THE HOUSE nal Corrosion in Gas Transmission Pipe- subjects of his Japanese-influenced art. lines’’ (RIN2137–AE09) received on April 23, Although known for his art work, At 11:42 a.m., a message from the 2007; to the Committee on Commerce, Fred’s life reflected a penchant for per- House of Representatives, delivered by Science, and Transportation. severance, business, and appreciation Ms. Niland, one of its reading clerks, EC–1614. A communication from the Assist- of the importance of art to commu- announced that the House has passed ant Chief Counsel, Pipeline and Hazardous Materials Safety Administration, Depart- nities. the following bills, in which it requests the concurrence of the Senate: ment of Transportation, transmitting, pur- Fred, a Japanese American, was born suant to law, the report of a rule entitled in California in 1913. After losing his H.R. 362. An act to authorize science schol- ‘‘Hazardous Materials: Revision of Require- mother at the young age of eight, Fred arships for educating mathematics and ments for Authorization of Use of Inter- and his brother spent 3 years in Japan science teachers, and for other purposes. national Standards’’ (RIN2137–AE01) received living with their grandparents. He re- H.R. 363. An act to authorize programs for on April 23, 2007; to the Committee on Com- turned to California where he studied support of the early career development of merce, Science, and Transportation. science and engineering researchers, and for art and became a theatre manager in EC–1615. A communication from the Pro- other purposes. gram Analyst, Federal Aviation Administra- the San Francisco Bay area in the H.R. 518. An act to amend the Solid Waste tion, Department of Transportation, trans- 1930s. He found a public place for his Disposal Act to authorize States to restrict mitting, pursuant to law, the report of a rule artwork back then—movie marquees of receipt of foreign municipal solid waste and entitled ‘‘Part 95 Instrument Flight Rules the 17 theatres he managed. Due to the implement the Agreement Concerning the (18)’’ ((RIN2120–AA63)(Amdt. No. 467)) re- war, Fred was evacuated from Cali- Transboundary Movement of Hazardous ceived on April 23, 2007; to the Committee on fornia in 1942 and moved to south- Waste between the United States and Can- Commerce, Science, and Transportation. eastern Idaho, where he managed ada, and for other purposes. EC–1616. A communication from the Pro- H.R. 1675. An act to suspend the require- gram Analyst, Federal Aviation Administra- marquees for theatres there. Fred was ments of the Department of Housing and tion, Department of Transportation, trans- an unfortunate victim of one of the Urban Development regarding electronic fil- mitting, pursuant to law, the report of a rule darker periods in Idaho history; he had ing of previous participation certificates and entitled ‘‘Standard Instrument Approach to be escorted by Idaho National Guard regarding filing of such certificates with re- Procedures (127)’’ ((RIN2120–AA65)(Amdt. No. troops when people organized a protest spect to certain low-income housing inves- 3212)) received on April 23, 2007; to the Com- against the theatres based on Fred’s tors. mittee on Commerce, Science, and Transpor- ethnicity. H.R. 1676. An act to reauthorize the pro- tation. Fred continued his life’s work in gram of the Secretary of Housing and Urban EC–1617. A communication from the Pro- Development for loan guarantees for Indian gram Analyst, Federal Aviation Administra- Idaho Falls. He settled there in 1943 housing. tion, Department of Transportation, trans- and spent the rest of his life working f mitting, pursuant to law, the report of a rule there, raising his children with his wife entitled ‘‘Standard Instrument Approach Yoshiko. The man who completed MEASURES REFERRED Procedures (8)’’ ((RIN2120–AA65)(Amdt. No. 10,000 watercolors over the course of The following bills were read the first 3211)) received on April 23, 2007; to the Com- his lifetime opened a commercial art and the second times by unanimous mittee on Commerce, Science, and Transpor- and sign shop, and was a founding tation. consent, and referred as indicated: EC–1618. A communication from the Pro- member of the Idaho Falls Art Guild. H.R. 362. An act to authorize science schol- gram Analyst, Federal Aviation Administra- In Idaho Falls, he served as a longtime arships for educating mathematics and tion, Department of Transportation, trans- member of the Chamber of Commerce science teachers, and for other purposes; to mitting, pursuant to law, the report of a rule and the Kiwanis Club. Fred left an in- the Committee on Health, Education, Labor, entitled ‘‘Standard Instrument Approach delible mark on arts in Idaho. He and Pensions. Procedures (85)’’ ((RIN2120–AA65)(Amdt. No. served as president of the Idaho Art As- H.R. 363. An act to authorize appropria- 3210)) received on April 23, 2007; to the Com- sociation and earned the 1998 Gov- tions for basic research and research infra- mittee on Commerce, Science, and Transpor- structure in science and engineering, and for tation. ernors Award for Excellence in Art. support of graduate fellowships, and for EC–1619. A communication from the Pro- During Idaho’s State Centennial, Fred other purposes; to the Committee on Health, gram Analyst, Federal Aviation Administra- was named one of the ‘‘100 Citizens Education, Labor, and Pensions. tion, Department of Transportation, trans- Who Made a Difference for the State.’’ H.R. 518. An act to amend the Solid Waste mitting, pursuant to law, the report of a rule Fred was generous with his talent, Disposal Act to authorize States to restrict entitled ‘‘Standard Instrument Approach sharing it with students of all ages receipt of foreign municipal solid waste and Procedures (11)’’ ((RIN2120–AA65)(Amdt. No. throughout Idaho and western Wyo- implement the Agreement Concerning the 3209)) received on April 23, 2007; to the Com- ming. Fred’s ready smile and sense of Transboundary Movement of Hazardous mittee on Commerce, Science, and Transpor- Waste between the United States and Can- tation. humor was well-known: his business ada, and for other purposes; to the Com- EC–1620. A communication from the Pro- cards read ‘‘Smiling Irishman, Fred mittee on Environment and Public Works. gram Analyst, Federal Aviation Administra- O’Shay.’’ My sister Christine knew H.R. 1675. An act to suspend the require- tion, Department of Transportation, trans- Fred well. Knowing of her interest in ments of the Department of Housing and mitting, pursuant to law, the report of a rule art, Fred would invite her to watch Urban Development regarding electronic fil- entitled ‘‘Standard Instrument Approach him work at his studio, the ‘‘log hut.’’ ing of previous participation certificates and Procedures (22)’’ ((RIN2120–AA65)(Amdt. No. She remembers his painting style as regarding filing of such certificates with re- 3208)) received on April 23, 2007; to the Com- fast and powerful; he used many dif- spect to certain low-income housing inves- mittee on Commerce, Science, and Transpor- tors; to the Committee on Banking, Housing, tation. ferent brushes with big brush strokes. and Urban Affairs. EC–1621. A communication from the Pro- It was intentional and bright, like his H.R. 1676. An act to reauthorize the pro- gram Analyst, Federal Aviation Administra- personality. gram of the Secretary of Housing and Urban tion, Department of Transportation, trans- Fellow Idaho Falls artist Gloria Mil- Development for loan guarantees for Indian mitting, pursuant to law, the report of a rule ler Allen observed: housing; to the Committee on Banking, entitled ‘‘Airworthiness Directives; Rolls- I will always remember him in old white Housing, and Urban Affairs. Royce Corporation 501–D Series Turboprop dress shirts slightly spattered with paint, f Engines’’ ((RIN2120–AA64)(Docket No. 2001– and with his glasses spattered as well. I can NE–01)) received on April 23, 2007; to the still see him in his red kimono selling paint- EXECUTIVE AND OTHER Committee on Commerce, Science, and ings down by the river. Idaho Falls will miss COMMUNICATIONS Transportation. this good man. EC–1622. A communication from the Pro- The following communications were gram Analyst, Federal Aviation Administra- Fred’s legacy lives on in his 5 chil- laid before the Senate, together with tion, Department of Transportation, trans- dren, 11 grandchildren and 2 great- accompanying papers, reports, and doc- mitting, pursuant to law, the report of a rule grandchildren. He will be sorely uments, and were referred as indicated: entitled ‘‘Airworthiness Directives; Pratt

VerDate Aug 31 2005 04:25 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.018 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5081 and Whitney PW4077D, PW4084D, PW4090, and No. 2005–NE–05)) received on April 23, 2007; to Aircraft Company Models 172R, 172S, 182S, PW4090–3 Turbofan Engines’’ ((RIN2120–AA64) the Committee on Commerce, Science, and 182T, T182T, 206H, and T206H Airplanes’’ (Docket No. 2006–NE–05)) received on April Transportation. ((RIN2120–AA64) (Docket No. 2006–CE–38)) re- 23, 2007; to the Committee on Commerce, EC–1632. A communication from the Pro- ceived on April 23, 2007; to the Committee on Science, and Transportation. gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. EC–1623. A communication from the Pro- tion, Department of Transportation, trans- EC–1641. A communication from the Pro- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Airbus tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule Model A330 Airplanes and Model A340–200 and mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Airbus –300 Series Airplanes’’ ((RIN2120–AA64) entitled ‘‘Airworthiness Directives; Boeing Model A318, A319, A320 and A321 Airplanes’’ (Docket No. 2006–NM–157)) received on April Model 737–600, –700, –700C, and –800 Series Air- ((RIN2120–AA64) (Docket No. 2007–NM–026)) 23, 2007; to the Committee on Commerce, planes’’ ((RIN2120–AA64) (Docket No. 2006– received on April 23, 2007; to the Committee Science, and Transportation. NM–096)) received on April 23, 2007; to the on Commerce, Science, and Transportation. EC–1633. A communication from the Pro- Committee on Commerce, Science, and EC–1624. A communication from the Pro- gram Analyst, Federal Aviation Administra- Transportation. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–1642. A communication from the Pro- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Airbus tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Model A319, A320, and A321 Airplanes’’ mitting, pursuant to law, the report of a rule Raytheon Aircraft Company Beech Models ((RIN2120–AA64) (Docket No. 2006–NM–216)) entitled ‘‘Modification of Legal Description 45, A45, and D45 Airplanes’’ ((RIN2120–AA64) received on April 23, 2007; to the Committee of Class D and E Airspace; Fairbanks, Fort (Docket No. 2006–CE–33)) received on April 23, on Commerce, Science, and Transportation. Wainwright Army Airfield, AK’’ ((RIN2120– 2007; to the Committee on Commerce, EC–1634. A communication from the Pro- AA66) (Docket No. 06–AAL–16)) received on Science, and Transportation. gram Analyst, Federal Aviation Administra- April 23, 2007; to the Committee on Com- EC–1625. A communication from the Pro- tion, Department of Transportation, trans- merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule EC–1643. A communication from the Pro- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; General gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Electric Aircraft Engines CF34–3A1/–3B/–3B1 tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Airbus Turbofan Engines’’ ((RIN2120–AA64) (Docket mitting, pursuant to law, the report of a rule Model A330 Airplanes’’ ((RIN2120–AA64) No. 2007–NE–06)) received on April 23, 2007; to entitled ‘‘Revision of Class E Airspace; (Docket No. 2006–NM–235)) received on April the Committee on Commerce, Science, and Huslia, AK’’ ((RIN2120–AA66) (Docket No. 06– 23, 2007; to the Committee on Commerce, Transportation. AAL–13)) received on April 23, 2007; to the Science, and Transportation. EC–1635. A communication from the Pro- Committee on Commerce, Science, and EC–1626. A communication from the Pro- gram Analyst, Federal Aviation Administra- Transportation. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–1644. A communication from the Pro- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; EADS Glasfugel Models H 301 ‘Libelle,’ H 301B mitting, pursuant to law, the report of a rule SOCATA Model TBM 700 Airplanes’’ ‘Libelle,’ Standard ‘Libelle,’ and Standard entitled ‘‘Revocation of Low Altitude Re- ((RIN2120–AA64) (Docket No. 2006–CE–61)) re- Libelle-201B Sailplanes’’ ((RIN2120–AA64) porting Point; AK’’ ((RIN2120–AA66) (Docket ceived on April 23, 2007; to the Committee on (Docket No. 2006–CE–28)) received on April 23, No. 06–AAL–17)) received on April 23, 2007; to Commerce, Science, and Transportation. 2007; to the Committee on Commerce, the Committee on Commerce, Science, and EC–1627. A communication from the Pro- Science, and Transportation. Transportation. gram Analyst, Federal Aviation Administra- EC–1636. A communication from the Pro- EC–1645. A communication from the Pro- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Airbus mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Model A318, A319, A320, and A321 Airplanes’’ entitled ‘‘Airworthiness Directives; Pratt entitled ‘‘Modification of the Norton Sound ((RIN2120–AA64) (Docket No. 2006–NM–173)) and Whitney JT9D Series Turbofan Engines’’ Low Offshore Airspace Area; AK’’ ((RIN2120– received on April 23, 2007; to the Committee ((RIN2120–AA64) (Docket No. 98–ANE–47)) re- AA66) (Docket No. 06–AAL–10)) received on on Commerce, Science, and Transportation. ceived on April 23, 2007; to the Committee on April 23, 2007; to the Committee on Com- EC–1628. A communication from the Pro- Commerce, Science, and Transportation. merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- EC–1637. A communication from the Pro- EC–1646. A communication from the Pro- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Microturbo Saphir 20 Models 095 Auxiliary entitled ‘‘Airworthiness Directives; Alpha entitled ‘‘Establishment of Class E5 Air- Power Units’’ ((RIN2120–AA64) (Docket No. Aviation Design Limited Model R2160 Air- space; Potosi, MO’’ ((RIN2120–AA66) (Docket 2006–NE–21)) received on April 23, 2007; to the planes’’ ((RIN2120–AA64) (Docket No. 2006– No. 06–ACE–14)) received on April 23, 2007; to Committee on Commerce, Science, and CE–78)) received on April 23, 2007; to the the Committee on Commerce, Science, and Transportation. Committee on Commerce, Science, and Transportation. EC–1629. A communication from the Pro- Transportation. EC–1647. A communication from the Pro- gram Analyst, Federal Aviation Administra- EC–1638. A communication from the Pro- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; General mitting, pursuant to law, the report of a rule entitled ‘‘Revision of Class E Airspace; Adak, Electric Company CF6–80C2 Turbofan En- entitled ‘‘Airworthiness Directives; Mooney AK’’ ((RIN2120–AA66) (Docket No. 06–AAL– gines’’ ((RIN2120–AA64) (Docket No. 2006–NE– Airplane Company, Inc., Models M20M and 12)) received on April 23, 2007; to the Com- 01)) received on April 23, 2007; to the Com- M20R Airplanes’’ ((RIN2120–AA64) (Docket mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- No. 2006–CE–51)) received on April 23, 2007; to tation. tation. the Committee on Commerce, Science, and EC–1648. A communication from the Pro- EC–1630. A communication from the Pro- Transportation. gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- EC–1639. A communication from the Pro- tion, Department of Transportation, trans- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- entitled ‘‘Amendment to Class D Airspace; entitled ‘‘Airworthiness Directives; mitting, pursuant to law, the report of a rule Broomfield, CO’’ ((RIN2120–AA66) (Docket Eurocopter Deutschland GmbH Model MBB– entitled ‘‘Airworthiness Directives; No. 06–AWP–10)) received on April 23, 2007; to BK 117 C–2 Helicopters’’ ((RIN2120–AA64) SOCATA-Groupe AEROSPATIALE Models the Committee on Commerce, Science, and (Docket No. 2006–SW–28)) received on April M.S. 760, M.S. 760 A, and M.S. 760 B Air- Transportation. 23, 2007; to the Committee on Commerce, planes’’ ((RIN2120–AA64) (Docket No. 2006– EC–1649. A communication from the Pro- Science, and Transportation. CE–74)) received on April 23, 2007; to the gram Analyst, Federal Aviation Administra- EC–1631. A communication from the Pro- Committee on Commerce, Science, and tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Transportation. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- EC–1640. A communication from the Pro- entitled ‘‘Modification of Class E Airspace; mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Wellington Municipal Airport, KS’’ entitled ‘‘Airworthiness Directives; Teledyne tion, Department of Transportation, trans- ((RIN2120–AA66) (Docket No. 06–ACE–44)) re- Continental Motors GTSIO–520 Series Recip- mitting, pursuant to law, the report of a rule ceived on April 23, 2007; to the Committee on rocating Engines’’ ((RIN2120–AA64) (Docket entitled ‘‘Airworthiness Directives; Cessna Commerce, Science, and Transportation.

VerDate Aug 31 2005 04:25 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.068 S25APPT1 hmoore on PRODPC68 with HMSENATE S5082 CONGRESSIONAL RECORD — SENATE April 25, 2007 EC–1650. A communication from the Pro- No. 06–AWP–12)) received on April 23, 2007; to Implementation Plan; Definition, Emer- gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and gency Episode, and Monitoring Regulations’’ tion, Department of Transportation, trans- Transportation. (FRL No. 8300–5) received on April 18, 2007; to mitting, pursuant to law, the report of a rule EC–1660. A communication from the Pro- the Committee on Environment and Public entitled ‘‘Modification of Class E Airspace; gram Analyst, Federal Aviation Administra- Works. Kaiser/Lake Ozark MO’’ ((RIN2120–AA66) tion, Department of Transportation, trans- EC–1669. A communication from the Prin- (Docket No. 06–ACE–6)) received on April 23, mitting, pursuant to law, the report of a rule cipal Deputy Associate Administrator, Office 2007; to the Committee on Commerce, entitled ‘‘Establishment of Class D and E of Policy, Economics and Innovation, Envi- Science, and Transportation. Airspace; Amendment of Class E Airspace; ronmental Protection Agency, transmitting, EC–1651. A communication from the Pro- Leesburg, FL’’ ((RIN2120–AA66) (Docket No. pursuant to law, the report of a rule entitled gram Analyst, Federal Aviation Administra- 06–ASO–3)) received on April 23, 2007; to the ‘‘Clean Air Act Full Approval of Revisions to tion, Department of Transportation, trans- Committee on Commerce, Science, and the State of Hawaii Operating Permit Pro- mitting, pursuant to law, the report of a rule Transportation. gram’’ (FRL No. 8303–5) received on April 18, entitled ‘‘Establishment of Class E Airspace; EC–1661. A communication from the Pro- 2007; to the Committee on Environment and Willow, AK’’ ((RIN2120–AA66) (Docket No. 06– gram Analyst, Federal Aviation Administra- Public Works. AAL–02)) received on April 23, 2007; to the tion, Department of Transportation, trans- EC–1670. A communication from the Prin- Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule cipal Deputy Associate Administrator, Office Transportation. entitled ‘‘Modification of Class E Airspace; of the Administrator, Environmental Protec- EC–1652. A communication from the Pro- Fremont, MI’’ ((RIN2120–AA66) (Docket No. tion Agency, transmitting, pursuant to law, gram Analyst, Federal Aviation Administra- 06–AGL–01)) received on April 23, 2007; to the the report of a rule entitled ‘‘Glyphosate; tion, Department of Transportation, trans- Committee on Commerce, Science, and Pesticide Tolerance’’ (FRL No. 8122–8) re- mitting, pursuant to law, the report of a rule Transportation. ceived on April 23 , 2007; to the Committee on entitled ‘‘Establishment of Offshore Airspace EC–1662. A communication from the Pro- Environment and Public Works. Area 1485L and Revision of Control 1485H; gram Analyst, Federal Aviation Administra- EC–1671. A communication from the Prin- Barrow, AK’’ ((RIN2120–AA66) (Docket No. tion, Department of Transportation, trans- cipal Deputy Associate Administrator, Office 06–AAL–9)) received on April 23, 2007; to the mitting, pursuant to law, the report of a rule of the Administrator, Environmental Protec- Committee on Commerce, Science, and entitled ‘‘Inspection Authorization Two-Year tion Agency, transmitting, pursuant to law, Transportation. Renewal’’ ((RIN2120–AI83) (Docket No. FAA– the report of a rule entitled ‘‘Administrative EC–1653. A communication from the Pro- 2007–27108)) received on April 23, 2007; to the Revisions to Plant-Incorporated Protectant gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and Tolerance Exemptions’’ (FRL No. 7742–2) re- tion, Department of Transportation, trans- Transportation. ceived on April 23, 2007; to the Committee on mitting, pursuant to law, the report of a rule EC–1663. A communication from the Pro- Environment and Public Works. EC–1672. A communication from the Prin- entitled ‘‘Revocation of Class D Airspace; gram Analyst, National Highway Traffic cipal Deputy Associate Administrator, Office Elko, NV’’ ((RIN2120–AA66) (Docket No. 06– Safety Administration, Department of of the Administrator, Environmental Protec- AWP–11)) received on April 23, 2007; to the Transportation, transmitting, pursuant to tion Agency, transmitting, pursuant to law, Committee on Commerce, Science, and law, the report of a rule entitled ‘‘Incorpora- the report of a rule entitled ‘‘Peopixonazole; Transportation. tion of EuroSID II Dummy Into 49 CFR Part Pesticide Tolerances for Emergency Exemp- EC–1654. A communication from the Pro- 572’’ (RIN2127–AI89) received on April 23, 2007; tions’’ (FRL No. 8121–2) received on April 23, gram Analyst, Federal Aviation Administra- to the Committee on Commerce, Science, 2007; to the Committee on Environment and tion, Department of Transportation, trans- and Transportation. EC–1664. A communication from the Pro- Public Works. mitting, pursuant to law, the report of a rule EC–1673. A communication from the Prin- gram Analyst, National Highway Traffic entitled ‘‘Amendment to Class E Airspace; cipal Deputy Associate Administrator, Office Safety Administration, Department of Provo, UT’’ ((RIN2120–AA66) (Docket No. 06– of the Administrator, Environmental Protec- Transportation, transmitting, pursuant to AWP–5)) received on April 23, 2007; to the tion Agency, transmitting, pursuant to law, law, the report of a rule entitled ‘‘Incorpora- Committee on Commerce, Science, and the report of a rule entitled ‘‘Cooperative Transportation. tion of SID–II’s Side Impact Crash Test Agreements and Superfund State Contracts EC–1655. A communication from the Pro- Dummy Into Part 572’’ (RIN2127–AJ16) re- for Superfund Response Actions’’ (FRL No. gram Analyst, Federal Aviation Administra- ceived on April 23, 2007; to the Committee on 8306–2) received on April 23, 2007; to the Com- tion, Department of Transportation, trans- Commerce, Science, and Transportation. mittee on Environment and Public Works. mitting, pursuant to law, the report of a rule EC–1665. A communication from the Direc- EC–1674. A communication from the Prin- entitled ‘‘Amendment to Class E Airspace; tor, Office of Sustainable Fisheries, Depart- cipal Deputy Associate Administrator, Office Kalispell, MT’’ ((RIN2120–AA66) (Docket No. ment of Commerce, transmitting, pursuant of Policy, Economics and Innovation, Envi- 05–ANM–15)) received on April 23, 2007; to the to law, the report of a rule entitled ‘‘Atlan- ronmental Protection Agency, transmitting, Committee on Commerce, Science, and tic Highly Migratory Species; Atlantic pursuant to law, the report of a rule entitled Transportation. Bluefin Tuna Fisheries; Temporary Rule; ‘‘Approval and Promulgation of Air Quality EC–1656. A communication from the Pro- Inseason Retention Limit Adjustment’’ (ID Implementation Plans; New Mexico; Albu- gram Analyst, Federal Aviation Administra- No. 032107B) received on April 23, 2007; to the querque/Bernalillo County; Prevention of tion, Department of Transportation, trans- Committee on Commerce, Science, and Significant Deterioration and New Source mitting, pursuant to law, the report of a rule Transportation. Review’’ (FRL No. 8305–1) received on April entitled ‘‘Revision of Class E Airspace; EC–1666. A communication from the Acting 23, 2007; to the Committee on Environment Pinedale, WY’’ ((RIN2120–AA66) (Docket No. Director, Office of Sustainable Fisheries, De- and Public Works. 05–ANM–17)) received on April 23, 2007; to the partment of Commerce, transmitting, pursu- EC–1675. A communication from the Prin- Committee on Commerce, Science, and ant to law, the report of a rule entitled cipal Deputy Associate Administrator, Office Transportation. ‘‘Fisheries of the Exclusive Economic Zone of Policy, Economics and Innovation, Envi- EC–1657. A communication from the Pro- Off Alaska; Pacific Cod by Catcher Vessels ronmental Protection Agency, transmitting, gram Analyst, Federal Aviation Administra- Less Than 60 Feet LOA Using Pot or Hook- pursuant to law, the report of a rule entitled tion, Department of Transportation, trans- and-Line Gear in the Bering Sea and Aleu- ‘‘State Operating Permit Programs; Mary- mitting, pursuant to law, the report of a rule tian Islands Management Area’’ (ID No. land; Revisions to the Acid Rain Regula- entitled ‘‘Revision of Class E Airspace; 032807A) received on April 23, 2007; to the tions’’ (FRL No. 8304–8) received on April 23, Eagle, CO’’ ((RIN2120–AA66) (Docket No. 06– Committee on Commerce, Science, and 2007; to the Committee on Environment and ANM–2)) received on April 23, 2007; to the Transportation. Public Works. Committee on Commerce, Science, and EC–1667. A communication from the Dep- EC–1676. A communication from the Prin- Transportation. uty Assistant Administrator for Regulatory cipal Deputy Associate Administrator, Office EC–1658. A communication from the Pro- Programs, National Marine Fisheries Serv- of Policy, Economics and Innovation, Envi- gram Analyst, Federal Aviation Administra- ice, Department of Commerce, transmitting, ronmental Protection Agency, transmitting, tion, Department of Transportation, trans- pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled mitting, pursuant to law, the report of a rule ‘‘Final Temporary Rule for Interim Measures ‘‘Prevention of Significant Deterioration, entitled ‘‘Establishment of Class E Airspace; to Address Overfishing of Gulf of Mexico Red Nonattainment New Source Review, and Mooresville, NC’’ ((RIN2120–AA66) (Docket Snapper During 2007’’ (RIN0648–AT87) re- Title V: Treatment of Certain Ethanol Pro- No. 06–ASO–8)) received on April 23, 2007; to ceived on April 23, 2007; to the Committee on duction Facilities Under the ‘Major Emit- the Committee on Commerce, Science, and Commerce, Science, and Transportation. ting Facility’ Definition’’ ((RIN2060– Transportation. EC–1668. A communication from the Prin- AN77)(FRL No. 8301–4)) received on April 23, EC–1659. A communication from the Pro- cipal Deputy Associate Administrator, Office 2007; to the Committee on Environment and gram Analyst, Federal Aviation Administra- of Policy, Economics and Innovation, Envi- Public Works. tion, Department of Transportation, trans- ronmental Protection Agency, transmitting, EC–1677. A communication from the Prin- mitting, pursuant to law, the report of a rule pursuant to law, the report of a rule entitled cipal Deputy Associate Administrator, Office entitled ‘‘Revocation of Class E2 Surface ‘‘Approval and Promulgation of Implementa- of Policy, Economics and Innovation, Envi- Area; Elko, NV’’ ((RIN2120–AA66) (Docket tion Plans; Revisions to the Nevada State ronmental Protection Agency, transmitting,

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.070 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5083 pursuant to law, the report of a rule entitled Organization While Retaining the Economic received on April 24, 2007; to the Committee ‘‘Extension of Temporary Exhaust Emission Benefits Associated with the Stock’’ (Notice on Homeland Security and Governmental Af- Test Procedure Option for All Terrain Vehi- 2004–30) received on April 20, 2007; to the fairs. cles’’ (FRL No. 8305–8) received on April 23, Committee on Finance. EC–1697. A communication from the Chair- 2007; to the Committee on Environment and EC–1685. A communication from the Chief man, Council of the District of Columbia, Public Works. of the Publications and Regulations Branch, transmitting, pursuant to law, a report on EC–1678. A communication from the Prin- Internal Revenue Service, Department of the D.C. Act 17–36, ‘‘Quality Teacher Incentive cipal Deputy Associate Administrator, Office Treasury, transmitting, pursuant to law, the Clarification Temporary Act of 2007’’ re- of Policy, Economics and Innovation, Envi- report of a rule entitled ‘‘Coordinated Issue: ceived on April 24, 2007; to the Committee on ronmental Protection Agency, transmitting, Distressed Asset/Debt Tax Shelters’’ (UIL Homeland Security and Governmental Af- pursuant to law, the report of a rule entitled No. 9300.99–05) received on April 20, 2007; to fairs. ‘‘Promulgation of Air Quality Implementa- the Committee on Finance. EC–1698. A communication from the Chair- tion Plans; Ohio; Approval of Revision to Re- EC–1686. A communication from the Board man, Council of the District of Columbia, scind Portions of the Ohio Transportation of Trustees of the Federal Old-Age and Sur- transmitting, pursuant to law, a report on Conformity Regulations’’ (FRL No. 8305–3) vivors Insurance and Federal Disability In- D.C. Act 17–34, ‘‘Comprehensive Plan Re- received on April 23, 2007; to the Committee surance Trust Funds, transmitting, pursuant sponse to NCPC Recommendations and Tech- on Environment and Public Works. to law, the Board’s 2007 Annual Report; to nical Corrections Act of 2007’’ received on EC–1679. A communication from the Prin- the Committee on Finance. April 24, 2007; to the Committee on Home- cipal Deputy Associate Administrator, Office EC–1687. A communication from the Boards land Security and Governmental Affairs. of Policy, Economics and Innovation, Envi- of Trustees of the Federal Hospital Insurance EC–1699. A communication from the Chair- ronmental Protection Agency, transmitting, and Federal Supplementary Insurance Trust man, Council of the District of Columbia, pursuant to law, the report of a rule entitled Funds, transmitting, pursuant to law, the transmitting, pursuant to law, a report on ‘‘National Emission Standards for Hazardous 2007 Annual Report of the Boards; to the D.C. Act 17–33, ‘‘Nonprofit Organizations Air Pollutants: Surface Coating of Auto- Committee on Finance. Oversight Improvement Amendment Act of mobiles and Light-Duty Trucks; National EC–1688. A communication from the Chief 2007’’ received on April 24, 2007; to the Com- Emission Standards for Hazardous Air Pol- of the Publications and Regulations Branch, mittee on Homeland Security and Govern- lutants for Surface Coating of Plastic Parts Internal Revenue Service, Department of the mental Affairs. and Products’’ (FRL No. 8304–2) received on Treasury, transmitting, pursuant to law, the EC–1700. A communication from the Chair- April 23, 2007; to the Committee on Environ- report of a rule entitled ‘‘Revenue Proce- man, Council of the District of Columbia, ment and Public Works. dure: National Median Gross Income Figures transmitting, pursuant to law, a report on EC–1680. A communication from the Prin- for 2007’’ (Rev. Proc. 2007–31) received on D.C. Act 17–38, ‘‘Public Education Reform cipal Deputy Associate Administrator, Office April 24, 2007; to the Committee on Finance. Amendment Act of 2007’’ received on April of Policy, Economics and Innovation, Envi- EC–1689. A communication from the Chief 24, 2007; to the Committee on Homeland Se- ronmental Protection Agency, transmitting, of the Publications and Regulations Branch, curity and Governmental Affairs. pursuant to law, the report of a rule entitled Internal Revenue Service, Department of the EC–1701. A communication from the Office ‘‘National Air Emission Standards for Haz- Treasury, transmitting, pursuant to law, the Director, Office of Congressional Affairs, ardous Air Pollutants: Halogenated Solvent report of a rule entitled ‘‘Weighted Average U.S. Nuclear Regulatory Commission, trans- Cleaning’’ (FRL No. 8303–6) received on April Interest Rate Update’’ (Notice 2007–32) re- mitting, pursuant to law, the report of a rule 23, 2007; to the Committee on Environment ceived on April 24, 2007; to the Committee on entitled ‘‘Relief from Fingerprinting and and Public Works. Finance. Criminal History Records Check for Des- EC–1681. A communication from the Prin- EC–1690. A communication from the Sec- ignated Categories of Individuals Permitted cipal Deputy Associate Administrator, Office retary of the Treasury, transmitting, pursu- Unescorted Access to Certain Radioactive of Policy, Economics and Innovation, Envi- ant to law, a six-month periodic report on Materials or Other Property’’ (AI04) received ronmental Protection Agency, transmitting, the national emergency declared in Execu- on April 17, 2007; to the Committee on Envi- pursuant to law, the report of a rule entitled tive Order 12978 relative to significant nar- ronment and Public Works. ‘‘Regulations of Fuels and Fuel Additives: cotics traffickers centered in Colombia; to f Extension of the Reformulated Gasoline Pro- the Committee on Banking, Housing, and gram to Illinois Portion of the St. Louis, Illi- Urban Affairs. PETITIONS AND MEMORIALS nois-Missouri Ozone Nonattainment Area’’ EC–1691. A communication from the Acting The following petitions and memo- (FRL No. 8304–1) received on April 23, 2007; to Director, Office of Surface Mining, Depart- rials were laid before the Senate and the Committee on Environment and Public ment of the Interior, transmitting, pursuant were referred or ordered to lie on the Works. to law, the report of a rule entitled ‘‘Penn- table as indicated: EC–1682. A communication from the Prin- sylvania Regulatory Program’’ (PA–147– cipal Deputy Associate Administrator, Office FOR) received on April 25, 2007; to the Com- POM–71. A joint resolution adopted by the of Policy, Economics and Innovation, Envi- mittee on Energy and Natural Resources. House of Representatives of the Legislature ronmental Protection Agency, transmitting, EC–1692. A communication from the Assist- of the State of Maine memorializing the pursuant to law, the report of a rule entitled ant Secretary, Office of Legislative Affairs, President ’and Congress to fulfill the intent ‘‘Standards of Performance for Fossil-Fuel- Department of State, transmitting, pursuant to fund sixty percent of the costs of special Fired Steam Generators for Which Construc- to law, weekly reports for the period from education and to end unfunded mandates; to tion is Commenced After August 17, 1971; February 28, 2007 to April 24, 2007 relative to the Committee on Health, Education, Labor, Standards of Performance for Electric Util- post-liberation Iraq; to the Committee on and Pensions. ity Steam Generating Units for Which Con- Foreign Relations. JOINT RESOLUTION struction is Commenced After September 18, EC–1693. A communication from the Sec- We, your Memorialists, the Members of the 1978; Standards of Performance for Indus- retary of Labor, transmitting, the report of One Hundred and Twenty-third Legislaure of trial-Commercial-Institutional Steam Gen- proposed legislation entitled ‘‘Workforce In- the State of Maine now assembled in the erating Units; and Standards of Performance vestment Act Amendments of 2007’’; to the First Regular Session, most respectfully for Small Industrial-Commercial-Institu- Committee on Health, Education, Labor, and present and petition the President of the tional Steam Generating Units’’ ((RIN2060– Pensions. United States and the Congress of the United AN97)(FRL No. 8304–8)) received on April 23, EC–1694. A communication from the Direc- States as follows: 2007; to the Committee on Environment and tor, Division for Strategic Human Resources Whereas, the Congress of the United States Public Works. Policy, Office of Personnel Management, has found that all children deserve a high- EC–1683. A communication from the Chief transmitting, pursuant to law, the report of quality education, including children with of the Publications and Regulations Branch, a rule entitled ‘‘Allowances and Differen- disabilities; and Internal Revenue Service, Department of the tials’’ (RIN3206–AL07) received on April 24, Whereas, the federal Individuals with Dis- Treasury, transmitting, pursuant to law, the 2007; to the Committee on Homeland Secu- abilities Education Act, 20 United States report of a rule entitled ‘‘Applicable Federal rity and Governmental Affairs. Code, Section 1400. et seq., provides that the Rates—May 2007’’ (Rev. Rul. 2007–29) received EC–1695. A communication from the Chair- Federal Government and state and local gov- on April 20, 2007; to the Committee on Fi- man, Council of the District of Columbia, ernments are to share in the expense of edu- nance. transmitting, pursuant to law, a report on cation for children with disabilities and com- EC–1684. A communication from the Chief D.C. Act 17–37, ‘‘Class Exclusion Standards mits the Federal Government to provide of the Publications and Regulations Branch, Temporary Amendment Act of 2007’’ received funds to assist with the excess expenses of Internal Revenue Service, Department of the on April 24, 2007; to the Committee on Home- education for children with disabilities; and Treasury, transmitting, pursuant to law, the land Security and Governmental Affairs. Whereas, the Congress of the United States report of a rule entitled ‘‘Appeals Settle- EC–1696. A communication from the Chair- has committed to contribute up to 40 percent ment Guidelines: S Corporation Share- man, Council of the District of Columbia, of the average per-pupil extenditure of edu- holders Attempt to Transfer the Incidence of transmitting, pursuant to law, a report on cating children with disabilities and the Fed- Taxation on S Corporation Income by Donat- D.C. Act 17–35, ‘‘Retail Service Station Clari- eral Government has failed to meet this ing S Corporation Stock to a Tax Exempt fication Temporary Amendment Act of 2007’’ commitment to assit the states; and

VerDate Aug 31 2005 04:25 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.073 S25APPT1 hmoore on PRODPC68 with HMSENATE S5084 CONGRESSIONAL RECORD — SENATE April 25, 2007 Whereas, the Federal Government has scope of the task of redesigning driver’s li- gan is well-suited for a pilot project to de- never contributed more than a fraction of censes and increasing identification proce- velop a dual driver’s license/passport. With the national average per-pupil expenditure dures in all 50 states, the current uncertain- $70 billion worth of commercial traffic and to assist with the excess expenses of edu- ties are complicating our ability to make nearly 3 million visitors crossing the Michi- cating children with disabilities under the our homeland more secure; and gan/Canadian border each year, including Individuals with Disabilities Education Act; Whereas, as with any undertaking of this thousands crossing for their jobs each day, and magnitude, there are major costs involved. Michigan has an unsurpassed stake in how Whereas, this failure of the Federal Gov- At this point, however, there seems to be no the Western Hemisphere Travel Initiative is ernment to meet its commitment to assist comprehensive estimate of the overall eco- implemented; and with the excess expenses of educatirg a child nomic impact of complying with the Real ID Whereas, Michigan’s Secretary of State is with a disability contradicts the goal of en- Act and the Western Hemisphere Travel Ini- in strong support of the concept of exploring suring that children with disabilities receive tiative; and a dual purpose state driver’s license/personal a high-quality education; and Whereas, the multiple issues involved in identification card. The impact of such a Whereas, the imposition of unfunded man- following the provisions of the Real ID Act project here could reap widespread benefits dates by the Federal Government on state and the Western Hemisphere Travel Initia- for our entire country: Now, therefore, be it governments interferes with the separation tive are vitally important in Michigan. With Resolved by the Senate, That we memori- of powers between the 2 levels of government some of the world’s busiest international alize the United States Department of State and the ability of each state to determine crossing points, especially at the Detroit/ and the Department of Homeland Security to the issues and concerns of that state and Windsor border, Michigan has a strong stake work with the Michigan Secretary of State what resources should be directed to address in this transition proceeding smoothly and to develop a pilot program in Michigan for a these issues and concerns; and with all the information needed to do so: dual purpose state driver’s license/personal Whereas, the Federal Government recog- Now, therefore, be it identification card to comply with the provi- nized the inequalities of unfunded mandates Resolved by the Senate, That we urge the sions of the Real ID Act and the Western on state governments when it passed the Un- United States Department of Homeland Se- Hemisphere Travel Initiative; and be it fur- funded Mandates Reform Act of 1995; and curity to complete an economic analysis of ther Whereas, since the passage of the Unfunded the costs of compliance with the require- Resolved, That copies of this resolution be Mandates Reform Act of 1995, however, the ments of the federal Real ID Act and the transmitted to the United States Depart- Federal Government continues to impose un- Western Hemisphere Travel Initiative; and ment of Homeland Security, the Office of the funded mandates on state governments, in- be it further President of the United States; the United cluding in areas such as special education re- Resolved, That copies of this resolution be States Secretary of State; the President of quirement: Now, therefore, be it transmitted to the United States Depart- the United States Senate; the Speaker of the Resolved, That We, your Memorialists, re- ment of Homeland Security, the Office of the United States House of Representatives; the spectfully urge and request that the Presi- President of the United States; the United chairs and ranking members of the United dent of the United States and the Congress States Secretary of State; the President of States Senate Foreign Relations Committee, of the United States either provide 60 per- the United States Senate; the Speaker of the the United States Senate Homeland Security cent of the national average per-pupil ex- United States House of Representatives; the and Governmental Affairs Committee, the penditure to assist states and local edu- chairs and ranking members of the United United States House Homeland Security cation agencies with the excess costs of edu- States Senate Foreign Relations Committee, Committee, and the United States House cating children with disabilities or amend the United States Senate Homeland Security International Relations Committee; the the Individuals with Disabilities Education and Governmental Affairs Committee, the members of the Michigan congressional dele- Act to allow the states more flexibility in United States House Homeland Security gation; and the Michigan Secretary of State. implementing its mandates; and be it further Committee, and the United States House Resolved, That We, your Memorialists, re- International Relations Committee; the POM–74. A resolution adopted by the Board spectfully urge and request that the Con- members of the Michigan congressional dele- of County Commissioners of Miami-Dade gress of the United States revisit and recon- gation; and the Michigan Secretary of State. County in the State of Florida urging the firm the Unfunded Mandate Reform Act of Florida Legislature to require Florida 1995 and put the intent and purpose of the POM–73. A resolution adopted by the Sen- schools to provide information to 11- and 12- Act into practice by ending imposition of un- ate of the Legislature of the State of Michi- year old girls and their parents about the funded federal mandates on state govern- gan memorializing the Department of State Human Papillomavirus, the vaccine against ments; and be it further and the Department of Homeland Security to HPV, and Cervical Cancer that results from Resolved, That suitable copies of this reso- develop a pilot program in Michigan for a HPV; to the Committee on Health, Edu- lution, duly authenticated by the Secretary dual purpose state driver’s license/personal cation, Labor, and Pensions. of State, be transmitted to the Honrable identification card to comply with the provi- POM–75. A resolution adopted by the Board George W. Bush, President of the United sions of the Real ID Act and the Western of County Commissioners of Miami-Dade States, to the President of the Senate of the Hemisphere Travel Initiative; to the Com- County in the State of Florida urging Con- United States, to the Speaker of the House mittee on the Judiciary. gress to fully fund the local mandates in- of Representatives of the United States and SENATE RESOLUTION NO. 21 cluded in the Adam Walsh Child Protection to each Member of the Maine Congressional and Safety Act of 2006; to the Committee on Whereas, in response to the need for Delegation. the Judiciary. heightened security measures following the POM–76. A resolution adopted by the Board 9–11 attacks, Congress enacted the Real ID POM–72. A resolution adopted by the Sen- of County Commissioners of Miami-Dade Act in 2005. This legislation requires the ate of the Legislature of the State of Michi- County in the State of Florida urging the states to dramatically redesign their respec- gan urging the Department of Homeland Se- Florida Legislature to provide for creation of tive driver’s licenses. Digital photos, proof of curity to complete an economic analysis of the Magic City Children’s Zone Pilot legal status, and centralized database capa- the costs of compliance with the require- Project; to the Committee on Health, Edu- bilities will be required; and ments of the federal Real ID Act and the cation, Labor, and Pensions. Whereas, another component of recent fed- Western Hemisphere Travel Initiative; to the eral legislation, the Western Hemisphere f Committee on the Judiciary. Travel Initiative, also greatly alters the doc- REPORTS OF COMMITTEES SENATE RESOLUTION NO. 20 umentation required from American citizens Whereas, in response to the need for seeking reentry into this country. By Janu- The following reports of committees heightened security measures following the ary 1, 2008, for example, United Sates citi- were submitted: 9–11 attacks, Congress enacted the Real ID zens may be required to show passports when By Mr. BYRD, from the Committee on Ap- Act in 2005. This legislation require the they drive across the border from Canada; propriations: states to dramatically redesign their respec- and Special Report entitled ‘‘Further Revised tive driver’s licenses. Digital photos, proof of Whereas, with the new requirements of the Allocation to Subcommittees of Budget To- legal status, and centralized database capa- Real ID Act, state driver’s licenses would tals for Fiscal Year 2007’’ (Rept. No. 110–56). bilities will be required. The act and the closely mirror passports not only in the way By Mr. LEAHY, from the Committee on Western Hemisphere Travel Initiative also they are used by travelers, but also in pro- the Judiciary, without amendment and with greatly alter the documentation required viding a higher level of identification. There a preamble: from American citizens seeking reentry into is an opportunity in this transition to ex- S. Res. 116. A resolution designating May this country; and plore the possibility of combining the secure 2007 as ‘‘National Autoimmune Diseases Whereas, as the deadlines for full compli- technology of a passport into the driver’s li- Awareness Month’’ and supporting efforts to ance with the requirements of the Real ID cense and realizing significant savings with- increase awareness of autoimmune diseases Act approach, there remains a significant out compromising the security that is the and increase funding for autoimmune disease level of confusion over how the states can goal of the federal legislation; and research. meet target dates and develop the necessary Whereas, with some of the busiest inter- S. Res. 125. A resolution designating May policies and technology. With the size and national crossing points in the world, Michi- 18, 2007, as ‘‘Endangered Species Day’’, and

VerDate Aug 31 2005 04:25 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.083 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5085 encouraging the people of the United States Air Force nomination of Craig L. Allen, Navy nominations beginning with Ben- to become educated about, and aware of, 9804, to be Lieutenant Colonel. jamin Amdur and ending with David M. threats to species, success stories in species Air Force nominations beginning with Zielinski, which nominations were received recovery, and the opportunity to promote Brian L. Evans and ending with Duncan D. by the Senate and appeared in the Congres- species conservation worldwide. Smith, which nominations were received by sional Record on April 11, 2007. S. Res. 146. A resolution designating June the Senate and appeared in the Congres- Mr. INOUYE. Mr. President, for the 20, 2007, as ‘‘American Eagle Day’’, and cele- sional Record on March 29, 2007. Committee on Commerce, Science, and brating the recovery and restoration of the Air Force nominations beginning with American bald eagle, the national symbol of Robert W. Beadle and ending with Brent S. Transportation I report favorably the the United States. Miller, which nominations were received by following nomination lists which were S. Res. 162. A resolution commemorating the Senate and appeared in the Congres- printed in the RECORD on the dates in- and acknowledging the dedication and sac- sional Record on March 29, 2007. dicated, and ask unanimous consent, to rifice made by the men and women who have Air Force nomination of Noana Issargrill, save the expense of reprinting on the lost their lives while serving as law enforce- 4686, to be Major. Executive Calendar that these nomina- ment officers. Army nomination of Melissa W. Jones, tions lie at the Secretary’s desk for the 9625, to be Lieutenant Colonel f Army nomination of Barbara J. King, 3425, information of Senators. EXECUTIVE REPORTS OF to be Lieutenant Colonel. The PRESIDING OFFICER. Without COMMITTEES Army nominations beginning with James objection, it is so ordered. F. Beck and ending with Kevin S. Coast Guard nominations beginning with The following executive reports of Mckiernan, which nominations were received Kirsten R. Martin and endingwith Richard V. nominations were submitted: by the Senate and appeared in the Congres- Timme, which nominations were received by By Mr. LEVIN for the Committee on sional Record on March 22, 2007. the Senate and appeared in the Congres- Armed Services. Army nominations beginning with Daniel sional Record on March 22, 2007. Air Force nomination of Colonel Travis D. L. Hurst and ending with George T. Talbot, Coast Guard nominations beginning with Balch, 3742, to be Brigadier General. which nominations were received by the Sen- Brooke E. Grant and ending with Maria A. Army nomination of Col. Stephen L. Jones, ate and appeared in the Congressional Ruttig, which nominations were received by 5583, to be Brigadier General. Record on March 22, 2007. the Senate and appeared in the Congres- Air Force nomination of Col. Thomas J. Army nominations beginning with Frank- sional Record on April 10, 2007. Masiello, 8449, to be Brigadier General. lin M. Crane and ending with Gary T. By Mr. LEAHY for the Committee on the Air Force nomination of Brig. Gen. Thad- Kirchoff, which nominations were received Judiciary. deus J. Martin, 2444, to be Major General. by the Senate and appeared in the Congres- Frederick J. Kapala, of Illinois, to be Army nomination of Brig. Gen. William C. sional Record on April 11, 2007. United States District Judge for the North- Kirkland, 4541, to be Major General. Army nominations beginning with Mark ern District of Illinois. Army nomination of Col. Gregory E. W. Crumpton and ending with D060629, which Benjamin Hale Settle, of Washington, to be Couch, 8914, to be Brigadier General. nominations were received by the Senate and United States District Judge for the Western Navy nomination of Rear Adm. Jeffrey L. appeared in the Congressional Record on District of Washington. Fowler, 7245, to be Vice Admiral. April 11, 2007. John Roberts Hackman, of Virginia, to be Army nomination of Lt. Gen. Martin E. Army nominations beginning with Thomas United States Marshal for the Eastern Dis- Dempsey, 8511, to be Lieutenant General. Brooks and ending with Deborah C. Warren, trict of Virginia for the term of four years. Army nominations beginning with Briga- which nominations were received by the Sen- Robert Gideon Howard, Jr., of Arkansas, to dier General Mari K. Eder and ending with ate and appeared in the Congressional be United States Marshal for the Eastern Colonel James T. Walton, which nominations Record on April 11, 2007. District of Arkansas for the term of four were received bythe Senate and appeared in Army nominations beginning with Damon years. the Congressional Record on March 22, 2007. T. Arnold and ending with Gijsbertus F. (Nominations without an asterisk Marine Corps nomination of Maj. Gen. Vanstaveren, which nominations were re- ceived by the Senate and appeared in the were reported with the recommenda- George J. Trautman III, 0849, to be Lieuten- tion that they be confirmed.) ant General. Congressional Record on April 11, 2007. Navy nomination of Rear Adm. Harold D. Army nomination of D060461, to be Lieu- f Starling II, 4248, to be Vice Admiral. tenant Colonel. Army nomination of Bernadine F. INTRODUCTION OF BILLS AND Army nomination of Maj. Gen. William G. Peletzfox, 0166, to be Major. JOINT RESOLUTIONS Webster, Jr., 9468, to be Lieutenant General. Army nomination of D060470, to be Major. Army nomination of Col. Mark J. The following bills and joint resolu- Army nomination of Josef Rivero, 5036, to MacCarley, 2185, to be Brigadier General. tions were introduced, read the first be Major. Army nomination of Col. Daniel J. Nelan, and second times by unanimous con- Army nomination of Stephen J. Velez, 5317, 2853, to be Brigadier General. to be Major. sent, and referred as indicated: Navy nomination of Capt. Michael A. Army nominations beginning with Kirk O. By Mr. DODD: Giorgione, 3106, to be Rear Admiral (lower Austin and ending with Lee W. Smithson, S. 1204. A bill to enhance Federal efforts fo- half). which nominations were received by the Sen- cused on public awareness and education Mr. LEVIN. Mr. President, for the ate and appeared in the Congressional about the risks and dangers associated with Committee on Armed Services I report Record on April 16, 2007. Shaken Baby Syndrome; to the Committee favorably the following nomination Army nominations beginning with Craig E. on Health, Education, Labor, and Pensions. By Mr. SMITH (for himself and Mr. lists which were printed in the RECORD Bennett and ending with Darlene M. Shealy, HARKIN): on the dates indicated, and ask unani- which nominations were received by the Sen- ate and appeared in the Congressional S. 1205. A bill to require a pilot program on mous consent, to save the expense of Record on April 16, 2007. assisting veterans service organizations and reprinting on the Executive Calendar Marine Corps nomination of Charles E. other veterans groups in developing and pro- that these nominations lie at the Sec- Parham, Jr., 7703, to be Lieutenant Colonel. moting peer support programs that facilitate retary’s desk for the information of Marine Corps nominations beginning with community reintegration of veterans return- Senators. Eduardo A. Abisellan and ending with Joseph ing from active duty, and for other purposes; to the Committee on Veterans’ Affairs. The PRESIDING OFFICER. Without J. Zarba, Jr., which nominations were re- ceived by the Senate and appeared in the By Ms. MURKOWSKI (for herself, Ms. objection, it is so ordered. Congressional Record on March 22, 2007. STABENOW, and Ms. LANDRIEU): Air Force nominations beginning with (minus 1 nominee: Kevin M. Gonzalez) S. 1206. A bill to amend title I of the Em- Thomas M. Angelo and ending with Daniel S. Marine Corps nominations beginning with ployee Retirement Income Security Act of Zulli, which nominations were received by Aaron D. Abdullah and ending with Scott W. 1974 and the Age Discrimination in Employ- the Senate and appeared in the Congres- Zimmerman, which nominations were re- ment Act of 1967 to clarify the age discrimi- sional Record on March 19, 2007. ceived by the Senate and appeared in the nation rules applicable to the pension plan Air Force nominations beginning with Congressional Record on March 22, 2007. maintained by the Young Woman’s Christian Thomas I. Anderson and ending with Marine Corps nomination of Jason K. Association Retirement Fund; to the Com- Mussaret A. Zuberi, which nominations were Fettig, 7799, to be Major. mittee on Health, Education, Labor, and received by the Senate and appeared in the Marine Corps nomination of Michael J. Pensions. Congressional Record on March 26, 2007. Colburn, 2511, to be Colonel. By Ms. LANDRIEU: Air Force nomination of David J. Carrell, Navy nomination of Brian D. Petersen, S. 1207. A bill to amend the Internal Rev- 8142, to be Colonel. 1675, to be Captain. enue Code of 1986 to increase and extend the Air Force nomination of James G. Wolf, Navy nomination of Stanley R. Richard- energy efficient commercial buildings deduc- 6912, to be Lieutenant Colonel. son, 8043, to be Captain. tion; to the Committee on Finance.

VerDate Aug 31 2005 04:25 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.078 S25APPT1 hmoore on PRODPC68 with HMSENATE S5086 CONGRESSIONAL RECORD — SENATE April 25, 2007 By Mr. DORGAN: business, medical, and moving deduction (Mr. LIEBERMAN), the Senator from Ha- S. 1208. A bill to provide additional secu- purposes for 2007 and permanently increase waii (Mr. INOUYE) and the Senator from rity and privacy protection for social secu- such rate for charitable deduction purposes Michigan (Ms. STABENOW) were added rity account numbers; to the Committee on under the Internal Revenue Code of 1986 and as cosponsors of S. 358, a bill to pro- Finance. to temporarily increase the reimbursement By Mrs. FEINSTEIN (for herself and rate for use of an automobile by Federal em- hibit discrimination on the basis of ge- Mrs. BOXER): ployees; to the Committee on Finance. netic information with respect to S. 1209. A bill to provide for the continued By Mr. KERRY: health insurance and employment. administration of Santa Rosa Island, Chan- S. 1221. A bill to provide for the enactment S. 399 nel Islands National Park, in accordance of comprehensive health care reform; to the At the request of Mr. BUNNING, the with the laws (including regulations) and Committee on Homeland Security and Gov- names of the Senator from Maryland policies of the National Park Service, and for ernmental Affairs. other purposes; to the Committee on Energy By Mr. OBAMA (for himself and Mr. (Mr. CARDIN) and the Senator from and Natural Resources. DURBIN): Iowa (Mr. HARKIN) were added as co- By Mrs. FEINSTEIN (for herself, Mr. S. 1222. A bill to stop mortgage trans- sponsors of S. 399, a bill to amend title GRASSLEY, Mr. KOHL, Mr. FEINGOLD, actions which operate to promote fraud, XIX of the Social Security Act to in- and Mr. DURBIN): risk, abuse, and under-development, and for clude podiatrists as physicians for pur- S. 1210. A bill to extend the grant program other purposes; to the Committee on Bank- poses of covering physicians services for drug-endangered children; to the Com- ing, Housing, and Urban Affairs. under the Medicaid program. mittee on the Judiciary. By Ms. LANDRIEU (for herself, Mr. S. 406 By Mrs. FEINSTEIN (for herself and STEVENS, Mr. CARPER, and Mr. Mr. GRASSLEY): PRYOR): At the request of Mrs. HUTCHISON, the S. 1211. A bill to amend the Controlled Sub- S. 1223. A bill to amend the Robert T. Staf- name of the Senator from Louisiana stances Act to provide enhanced penalties ford Disaster Relief and Emergency Assist- (Ms. LANDRIEU) was added as a cospon- for marketing controlled substances to mi- ance Act to support efforts by local or re- sor of S. 406, a bill to ensure local gov- nors; to the Committee on the Judiciary. gional television or radio broadcasters to ernments have the flexibility needed to By Ms. MIKULSKI (for herself, Ms. provide essential public information pro- enhance decision-making regarding STABENOW, Mr. INOUYE, Ms. CANT- gramming in the event of a major disaster, certain mass transit projects. WELL, and Mrs. MURRAY): and for other purposes; to the Committee on S. 1212. A bill to amend title XVIII of the Homeland Security and Governmental Af- S. 430 Social Security Act to permit direct pay- fairs. At the request of Mr. LEAHY, the ment under the Medicare program for clin- By Mr. ROCKEFELLER (for himself, name of the Senator from Arkansas ical social worker services provided to resi- Ms. SNOWE, and Mr. KENNEDY): (Mr. PRYOR) was added as a cosponsor dents of skilled nursing facilities; to the S. 1224. A bill to amend title XXI of the So- of S. 430, a bill to amend title 10, cial Security Act to reauthorize the State Committee on Finance. United States Code, to enhance the na- By Mr. LUGAR (for himself, Mr. BINGA- Children’s Health Insurance Program, and MAN, and Mrs. LINCOLN): for other purposes; to the Committee on Fi- tional defense through empowerment S. 1213. A bill to give States the flexibility nance. of the Chief of the National Guard Bu- to reduce bureaucracy by streamlining en- By Mr. BROWNBACK (for himself, Mr. reau and the enhancement of the func- rollment processes for the medicaid and SMITH, and Ms. COLLINS): tions of the National Guard Bureau, State children’s health insurance programs S.J. Res. 12. A joint resolution providing and for other purposes. through better linkages with programs pro- for the recognition of Jerusalem as the undi- At the request of Mr. BOND, the viding nutrition and related assistance to vided capital of Israel before the United names of the Senator from Massachu- low-income families; to the Committee on States recognizes a Palestinian state, and for setts (Mr. KENNEDY) and the Senator Finance. other purposes; to the Committee on Foreign By Mr. KERRY (for himself and Ms. Relations. from Idaho (Mr. CRAIG) were added as cosponsors of S. 430, supra. SNOWE): f S. 1214. A bill to amend the Internal Rev- S. 573 enue Code of 1986 to modify the partial exclu- SUBMISSION OF CONCURRENT AND At the request of Ms. STABENOW, the sion for gain from certain small business SENATE RESOLUTIONS name of the Senator from North Da- stocks; to the Committee on Finance. The following concurrent resolutions kota (Mr. CONRAD) was added as a co- By Mr. AKAKA: and Senate resolutions were read, and S. 1215. A bill to amend title 38, United sponsor of S. 573, a bill to amend the States Code, to extend and improve certain referred (or acted upon), as indicated: Federal Food, Drug, and Cosmetic Act authorities of the Secretary of Veterans Af- By Ms. COLLINS (for herself, Mr. and the Public Health Service Act to fairs, and for other purposes; to the Com- BIDEN, Mr. MCCAIN, Ms. MIKULSKI, improve the prevention, diagnosis, and mittee on Veterans’ Affairs. Mr. CARPER, and Mr. DODD): treatment of heart disease, stroke, and By Mr. DOMENICI (for himself and Mr. S. Res. 171. A resolution memorializing other cardiovascular diseases in fallen firefighters by lowering the United BINGAMAN): women. S. 1216. A bill to allow certain nationals of States flag to half-staff on the day of the Na- S. 579 Mexico entering the State of New Mexico on tional Fallen Firefighter Memorial Service a temporary basis to travel up to 100 miles in Emmitsburg, Maryland; to the Committee At the request of Mr. REID, the name from the international border between the on the Judiciary. of the Senator from Maryland (Ms. MI- State of New Mexico and Mexico, and for By Mr. WARNER (for himself and Mr. KULSKI) was added as a cosponsor of S. other purposes; to the Committee on the Ju- WEBB): 579, a bill to amend the Public Health diciary. S. Res. 172. A resolution commemorating Service Act to authorize the Director By Mrs. BOXER (for herself, Mr. LAU- the 400th Anniversary of the settlement of Jamestown; considered and agreed to. of the National Institute of Environ- TENBERG, Mr. SALAZAR, Mr. SCHUMER, mental Health Sciences to make grants Mr. KENNEDY, Mr. DURBIN, and Mr. f for the development and operation of BROWN): S. 1217. A bill to enhance the safety of ele- ADDITIONAL COSPONSORS research centers regarding environ- mentary schools, secondary schools, and in- S. 311 mental factors that may be related to stitutions of higher learning; to the Com- At the request of Ms. LANDRIEU, the the etiology of breast cancer. mittee on the Judiciary. name of the Senator from Massachu- S. 638 By Mr. KENNEDY: setts (Mr. KENNEDY) was added as a co- At the request of Mr. ROBERTS, the S. 1218. A bill to provide quality, affordable health care for all Americans; to the Com- sponsor of S. 311, a bill to amend the name of the Senator from Alaska (Mr. mittee on Finance. Horse Protection Act to prohibit the STEVENS) was added as a cosponsor of By Mr. BINGAMAN (for himself, Mr. shipping, transporting, moving, deliv- S. 638, a bill to amend the Internal SMITH, Mr. KERRY, Mr. AKAKA, Mr. ering, receiving, possessing, pur- Revenue Code of 1986 to provide for col- DURBIN, and Mr. LIEBERMAN): chasing, selling, or donation of horses legiate housing and infrastructure S. 1219. A bill to amend the Internal Rev- and other equines to be slaughtered for grants. enue Code of 1986 to provide taxpayer protec- human consumption, and for other pur- S. 648 tion and assistance, and for other purposes; poses. to the Committee on Finance. At the request of Mr. CHAMBLISS, the By Mr. SCHUMER: S. 358 name of the Senator from New York S. 1220. A bill to increase the standard At the request of Ms. SNOWE, the (Mrs. CLINTON) was added as a cospon- mileage rate for use of an automobile for names of the Senator from Connecticut sor of S. 648, a bill to amend title 10,

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.087 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5087 United States Code, to reduce the eligi- quirement for reduction of survivor an- neglect, and exploitation, and for other bility age for receipt of non-regular nuities under the Survivor Benefit purposes. military service retired pay for mem- Plan by veterans’ dependency and in- S. 1087 bers of the Ready Reserve in active fed- demnity compensation, and for other At the request of Mr. HARKIN, the eral status or on active duty for sig- purposes. name of the Senator from Michigan nificant periods. S. 961 (Mr. LEVIN) was added as a cosponsor of S. 651 At the request of Mr. NELSON of Ne- S. 1087, a bill to amend the Fair Labor At the request of Mr. HARKIN, the braska, the names of the Senator from Standards Act of 1938 to prohibit dis- names of the Senator from Maryland Oregon (Mr. SMITH), the Senator from crimination in the payment of wages (Ms. MIKULSKI) and the Senator from Oklahoma (Mr. COBURN) and the Sen- on account of sex, race, or national ori- Vermont (Mr. SANDERS) were added as ator from Maine (Ms. COLLINS) were gin, and for other purposes. cosponsors of S. 651, a bill to help pro- added as cosponsors of S. 961, a bill to S. 1090 mote the national recommendation of amend title 46, United States Code, to At the request of Ms. STABENOW, the physical activity to kids, families, and provide benefits to certain individuals name of the Senator from Wisconsin communities across the United States. who served in the United States mer- (Mr. FEINGOLD) was added as a cospon- chant marine (including the Army S. 700 sor of S. 1090, a bill to amend the Agri- Transport Service and the Naval At the request of Mr. CRAPO, the culture and Consumer Protection Act Transport Service) during World War name of the Senator from Texas (Mr. of 1973 to assist the neediest of senior II, and for other purposes. CORNYN) was added as a cosponsor of S. citizens by modifying the eligibility 700, a bill to amend the Internal Rev- S. 970 criteria for supplemental foods pro- enue Code to provide a tax credit to in- At the request of Mr. SMITH, the vided under the commodity supple- dividuals who enter into agreements to names of the Senator from Kentucky mental food program to take into ac- protect the habitats of endangered and (Mr. BUNNING) and the Senator from count the extraordinarily high out-of- threatened species, and for other pur- Colorado (Mr. SALAZAR) were added as pocket medical expenses that senior poses. cosponsors of S. 970, a bill to impose citizens pay, and for other purposes. S. 761 sanctions on Iran and on other coun- S. 1154 At the request of Mr. REID, the tries for assisting Iran in developing a At the request of Mr. NELSON of Ne- names of the Senator from New York nuclear program, and for other pur- braska, the name of the Senator from (Mr. SCHUMER), the Senator from Indi- poses. Nebraska (Mr. HAGEL) was added as a ana (Mr. BAYH) and the Senator from S. 972 cosponsor of S. 1154, a bill to promote Connecticut (Mr. DODD) were added as At the request of Mr. LAUTENBERG, biogas production, and for other pur- cosponsors of S. 761, a bill to invest in the name of the Senator from Mary- poses. innovation and education to improve land (Ms. MIKULSKI) was added as a co- the competitiveness of the United sponsor of S. 972, a bill to provide for S. 1173 States in the global economy. the reduction of adolescent pregnancy, At the request of Mrs. BOXER, the At the request of Mr. ALEXANDER, the HIV rates, and other sexually trans- name of the Senator from Vermont names of the Senator from Maine (Ms. mitted diseases, and for other purposes. (Mr. SANDERS) was added as a cospon- SNOWE) and the Senator from Utah S. 999 sor of S. 1173, a bill to protect, con- sistent with Roe v. Wade, a woman’s (Mr. HATCH) were added as cosponsors At the request of Mr. COCHRAN, the of S. 761, supra. names of the Senator from New Jersey freedom to choose to bear a child or terminate a pregnancy, and for other S. 823 (Mr. MENENDEZ), the Senator from purposes. At the request of Mr. OBAMA, the North Carolina (Mrs. DOLE) and the name of the Senator from Vermont Senator from Vermont (Mr. SANDERS) S. 1181 (Mr. SANDERS) was added as a cospon- were added as cosponsors of S. 999, a At the request of Mr. OBAMA, the sor of S. 823, a bill to amend the Public bill to amend the Public Health Serv- names of the Senator from Iowa (Mr. Health Service Act with respect to fa- ice Act to improve stroke prevention, HARKIN) and the Senator from Illinois cilitating the development of diagnosis, treatment, and rehabilita- (Mr. DURBIN) were added as cosponsors microbicides for preventing trans- tion. of S. 1181, a bill to amend the Securi- mission of HIV/AIDS and other dis- S. 1013 ties Exchange Act of 1934 to provide eases, and for other purposes. At the request of Mr. HARKIN, the shareholders with an advisory vote on S. 898 name of the Senator from Vermont executive compensation. At the request of Ms. MIKULSKI, the (Mr. SANDERS) was added as a cospon- S. CON. RES. 3 names of the Senator from Minnesota sor of S. 1013, a bill to amend title XIX At the request of Mr. SALAZAR, the (Ms. KLOBUCHAR) and the Senator from of the Social Security Act to encourage name of the Senator from Florida (Mr. North Carolina (Mr. BURR) were added States to provide pregnant women en- NELSON) was added as a cosponsor of S. as cosponsors of S. 898, a bill to amend rolled in the Medicaid program with Con. Res. 3, a concurrent resolution ex- the Public Health Service Act to fund access to comprehensive tobacco ces- pressing the sense of Congress that it is breakthroughs in Alzheimer’s disease sation services. the goal of the United States that, not research while providing more help to S. 1062 later than January 1, 2025, the agricul- caregivers and increasing public edu- At the request of Mr. DURBIN, the tural, forestry, and working land of the cation about prevention. name of the Senator from Tennessee United States should provide from re- S. 901 (Mr. CORKER) was added as a cosponsor newable resources not less than 25 per- At the request of Mr. KENNEDY, the of S. 1062, a bill to establish a congres- cent of the total energy consumed in names of the Senator from Hawaii (Mr. sional commemorative medal for organ the United States and continue to AKAKA) and the Senator from Hawaii donors and their families. produce safe, abundant, and affordable (Mr. INOUYE) were added as cosponsors S. 1070 food, feed, and fiber. of S. 901, a bill to amend the Public At the request of Mr. HATCH, the S. RES. 146 Health Service Act to provide addi- names of the Senator from Missouri At the request of Mr. ALEXANDER, the tional authorizations of appropriations (Mr. BOND) and the Senator from New name of the Senator from New York for the health centers program under York (Mrs. CLINTON) were added as co- (Mr. SCHUMER) was added as a cospon- section 330 of such Act. sponsors of S. 1070, a bill to amend the sor of S. Res. 146, a resolution desig- S. 935 Social Security Act to enhance the so- nating June 20, 2007, as ‘‘American At the request of Mr. NELSON of Flor- cial security of the Nation by ensuring Eagle Day’’, and celebrating the recov- ida, the name of the Senator from Or- adequate public-private infrastructure ery and restoration of the American egon (Mr. SMITH) was added as a co- and to resolve to prevent, detect, treat, bald eagle, the national symbol of the sponsor of S. 935, a bill to repeal the re- intervene in, and prosecute elder abuse, United States.

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.079 S25APPT1 hmoore on PRODPC68 with HMSENATE S5088 CONGRESSIONAL RECORD — SENATE April 25, 2007 AMENDMENT NO. 941 lifelong disabilities and creating pro- caregivers responsible for infants and At the request of Ms. SNOWE, the found grief for many families. young children and must learn about names of the Senator from Rhode Is- Far too many children have experi- the dangers of violent shaking and abu- land (Mr. REED) and the Senator from enced the horrible devastation of Shak- sive impacts to the head. Maine (Ms. COLLINS) were added as co- en Baby Syndrome. A 2003 report in the On behalf of the victims of Shaken sponsors of amendment No. 941 pro- Journal of the American Medical Asso- Baby Syndrome, including Cynthia posed to S. 761, a bill to invest in inno- ciation estimates that as a result of from New York, Hannah from Cali- vation and education to improve the Shaken Baby Syndrome, an average of fornia, Sarah from New York, Kierra competitiveness of the United States in 300 U.S. children will die each year, and from Nevada, Miranda from Pennsyl- the global economy. 600 to 1,200 more will be injured, of vania, Taylor from Illinois, Cassandra AMENDMENT NO. 942 whom two-thirds will be infants young- from Arizona, Gabriela from Florida, At the request of Mr. KOHL, the er than one. Medical professionals be- Amber from New York, Bennett from names of the Senator from Pennsyl- lieve that thousands of Shaken Baby Missouri, Jamison from Florida, Maggie from Texas, Dalton from Indi- vania (Mr. SPECTER), the Senator from Syndrome cases are misdiagnosed or ana, Stephen from Texas, Kaden from Louisiana (Mr. VITTER), the Senator undetected, as many children do not immediately exhibit obvious symptoms Washington, Joseph from Texas, Daw- from Utah (Mr. HATCH), the Senator after the abuse. son from Pennsylvania, Macie from from Indiana (Mr. BAYH), the Senator Prevention programs can signifi- Minnesota, Jake from Maine, Benjamin from New Jersey (Mr. MENENDEZ) and cantly reduce the number of cases of from Michigan, Chloe from New Mex- the Senator from Ohio (Mr. VOINOVICH) Shaken Baby Syndrome. For example, ico, Madison of Oklahoma, Peanut were added as cosponsors of amend- the Upstate New York SBS Prevention from Texas, Nykkole from Minnesota, ment No. 942 proposed to S. 761, a bill Project at Children’s Hospital of Buf- Gianna from Rhode Island, Brynn from to invest in innovation and education falo has used a simple video to educate Washington, Rachael from Texas, Jack to improve the competitiveness of the new parents before they leave the hos- from Maryland, Ryan from Virginia, United States in the global economy. pital, reducing the number of shaken David from California, Reagan from At the request of Ms. COLLINS, her baby incidents in the area by nearly 50 Virginia, Skipper from New York, and name was added as a cosponsor of percent. many other innocent lives lost or dam- amendment No. 942 proposed to S. 761, In Connecticut, a multifaceted pre- aged, I look forward to working with supra. vention approach involving hospitals, my colleagues to see that this legisla- f schools, childcare providers, and com- tion becomes law so that we can ex- STATEMENTS ON INTRODUCED munity-based organizations in aware- pand efforts to eradicate Shaken Baby BILLS AND JOINT RESOLUTIONS ness and training activities, including Syndrome. home visits and targeted outreach, has I ask unanimous consent that a list By Mr. DODD: raised awareness and encouraged pre- of groups supporting this resolution be S. 1204. A bill to enhance Federal ef- vention across the state. Hospitals in printed in the RECORD. forts focused on public awareness and many States educate new parents There being no objection, the list was education about the risks and dangers about the dangers of shaking a baby, ordered to be printed in the RECORD, as associated with Shaken Baby Syn- yet it is estimated that less than 60 follows: drome; to the Committee on Health, percent of parents of newborns receive GROUPS SUPPORTING THE SHAKEN BABY Education, Labor, and Pensions. information about the dangers of shak- SYNDROME PREVENTION ACT OF 2007 Mr. DODD. Mr. President, today I ing a baby. Without more outreach, American Association of Neurological Sur- rise to introduce the Shaken Baby Syn- education and training, the risk of geons; American Professional Society on the drome Prevention Act of 2007, impor- Abuse of Children; American Psychological Shaken Baby Syndrome will persist. tant legislation that promotes aware- Association; The Arc of the United States; With the introduction of the Shaken Association of Maternal and Child Health ness and prevention of Shaken Baby Baby Syndrome Prevention Act of 2007, Syndrome, a devastating form of child Programs; Association of University Centers I hope to reduce the number of children on Disabilities; Brain Injury Association of abuse that results in the severe injury, injured or killed by abusive head trau- America; Center for Child Protection and disability or death of hundreds of chil- ma, and ultimately to eliminate Shak- Family Support; Child Welfare League of dren each year. en Baby Syndrome. Our initiative pro- America; Children’s Defense Fund; Chil- Child abuse and neglect is a well-doc- vides for the creation of a public health dren’s Healthcare is a Legal Duty; Congress umented tragedy for some of our campaign, including development of a of Neurological Surgeons; The Connecticut youngest and most vulnerable citizens. Children’s Trust Fund; Council for Excep- National Action Plan to identify effec- tional Children; Cynthia Gibbs Foundation; According to the National Child Abuse tive, evidence-based strategies for pre- and Neglect Data System (NCANDS) Division for Early Childhood of the Council vention and awareness of SBS, and es- for Exceptional Children; Easter Seals; Epi- almost 900,000 children were victims of tablishment of a cross-disciplinary ad- lepsy Foundation; Fight Crime: Invest in abuse and neglect in 2005. More than visory council to help coordinate na- Kids; and The G.E.M. Child Protection Foun- four children die every single day as a tional efforts. dation. result of abusive maltreatment in this The campaign will educate the gen- Hannah Rose Foundation; IDEA Infant Toddler Coordinators Association; Kierra country. Babies are particularly vul- eral public, parents, child care pro- nerable; in 2005, children aged 12 Harrison Foundation; Lifetime Family Re- viders, health care professionals and source Center, Inc.; Massachusetts Citizens months or younger accounted for near- others about the dangers of shaking, as for Children; The Multidisciplinary Pediatric ly 42 percent of all child abuse and ne- well as healthy preventative ap- Education and Evaluation Consortium; Na- glect fatalities and children under age proaches for frustrated parents and tional Association of Child Care Resource & 3 accounted for almost 77 percent. Yet caregivers coping with a crying or Referral Agencies; National Association of even these disturbing statistics may fussy infant. The legislation ensures Children’s Hospitals; National Association of not paint an accurate picture; most ex- support for families who have been af- State Head Injury Administrators; National perts agree that child abuse is widely Center for Learning Disabilities; National fected by SBS, and for families and Center on Shaken Baby Syndrome; National under-reported. caregivers struggling with infant cry- Child Abuse Coalition; National Family Abusive head trauma, including ing, through a 24-hour hotline and an Partnership; National Respite Coalition; Na- Shaken Baby Syndrome, is the leading informational website. All of these ac- tional Shaken Baby Coalition; National cause of death of physically abused tivities are to be implemented through Shaken Baby Syndrome Nursing Network; children, in particular for infants the coordination of existing programs Parents Anonymous; Pennsylvania Shaken younger than one. When a frustrated and/or the establishment of new ef- Baby Syndrome Prevention and Awareness caregiver loses control and violently forts, to bring together the best in cur- Program; Prevent Child Abuse America; shakes a baby or impacts the baby’s Shaken Baby Association; Shaken Baby Pre- rent prevention, awareness and edu- vention, Inc.; Shaking Kills: Instead Parents head, the trauma can kill the child or cation practices to be expanded into Please Educate and Remember Initiative cause severe injuries, including loss of areas in need. (SKIPPER); United Cerebral Palsy; and Up- vision, loss of hearing, brain damage, Awareness is absolutely critical to state New York Shaken Baby Syndrome Pre- paralysis, and/or seizures, resulting in prevention. Families, professionals and vention and Awareness Program.

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.119 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5089 By Mr. SMITH (for himself and there has never been a case when the our veterans and their transition back Mr. HARKIN): responsibility and duty of this body to community life. We hope that this S. 1205. A bill to require a pilot pro- and our country has been clearer than bill will continue to focus attention on gram on assisting veterans’ service or- the duty to aid our veterans who have the needs of our veterans who have ganizations and other veterans’ groups sacrificed their bodies, minds and lives given so much to their country. in developing and promoting peer sup- for this country. Mr. President, I yield the floor. port programs that facilitate commu- Fortunately, ‘‘peer-support’’ ap- There being no objection, the mate- nity reintegration of veterans return- proaches offer a low cost and effective rial was ordered to be printed in the ing from active duty, and for other pur- adjunct to traditional services by al- RECORD, as follows: poses; to the Committee on Veterans’ lowing the heroes of our country to S. 1205 Affairs. help each other. Veteran peer-support Be it enacted by the Senate and House of Rep- Mr. SMITH. Mr. President, I rise offers two things that no kind of pro- resentatives of the United States of America in today to introduce the Heroes Helping fessionalized service can ever hope to: Congress assembled, SECTION 1. PILOT PROGRAM ON ASSISTING VET- Heroes Demonstration Program of 2007, the support of someone who has had ERANS ORGANIZATIONS IN FACILI- along with my distinguished colleague the same kinds of experiences and TATING COMMUNITY REINTEGRA- from Iowa, Senator HARKIN. I ask truly understands what the veteran is TION OF VETERANS. unanimous consent that the text of going through; and the potential of a (a) PROGRAM REQUIRED.— (1) IN GENERAL.—The Secretary of Veterans this bill be printed in the RECORD. large pool of experienced volunteers Our intention is to expand the use of Affairs shall carry out a pilot program to who can assist and support returning demonstrate and assess the feasibility and peer-support approaches to assist the veterans at very little cost. advisability of delivering community re- reintegration of America’s veterans as The effectiveness of these approaches integration support and services to veterans they return from active duty to their has been documented in a variety of by assisting veterans organizations in devel- homes and communities. We hope that domains. Specifically, for mental oping and promoting peer support programs this legislation will demonstrate the health disorders like PTSD and depres- for veterans. effectiveness of peer-support ap- sion, peer-support programs have (2) DESIGNATION.—The pilot program re- proaches and ease the burden of the so- shown that participation yields im- quired by paragraph (1) shall be known as the ‘‘Heroes Helping Heroes Program’’. cial, economic, medical and psycho- provement in psychiatric symptoms (b) DURATION OF PROGRAM.—The pilot pro- logical struggles our veterans face. and decreased hospitalizations, the de- gram shall be carried out during the three- Deployed soldiers face extreme stress velopment of larger social support net- year period beginning on October 1, 2007. and at times devastating injuries. Left works, enhanced self-esteem and social (c) SELECTION OF PILOT PROGRAM PARTICI- untreated, this stress can have dev- functioning, as well as lower services PANTS.— astating impact on soldiers and their costs. The Substance Abuse and Mental (1) IN GENERAL.—The Secretary shall select families. Army researchers have found not more than 20 eligible entities to partici- Health Service Administration pate in the pilot program. that alcohol misuse went from 13 per- (SAMHSA), and even the President’s (2) APPLICATION.—Each eligible entity cent among soldiers to 21 percent one New Freedom Commission on Mental seeking to participate in the pilot program year after returning from Iraq and Af- Health, have recognized peer-support shall submit an application to the Secretary ghanistan. It also has been found that approaches as an emerging best prac- at such time, in such manner, and accom- soldiers with anger and aggression tice that is helping people recover from panied by such information as the Secretary issues increase from 11 percent to 22 traumatic events. shall require. percent after deployment. Further- Although the peer-support approach (3) SELECTION.—The Secretary shall select more, the best studies to date have is promising, the need for this type of participants in the pilot program from among the applicants under paragraph (1) shown that up to one-third of our cur- assistance is growing and far exceeds that the Secretary determines— rent war veterans are coping with a se- the services that are available. A re- (A)(i) have existing peer support programs rious mental health problem, most no- port from the National Symposium for that can be expanded or enhanced, and re- tably Post Traumatic Stress Disorder the Needs of Young Veterans hosted by sources, for the delivery of community re- (PTSD). AMVETS recognized this need in integration support and services to veterans In addition to these personal strug- Voices for Action: A Focus on the (including mentoring programs, self-help gles, returning soldiers also face seri- Changing Needs of America’s Veterans. groups, and Internet and other electronic- ous social and economic challenges. The legislation that I am introducing based peer support resources) that are suit- Data from the U.S. Bureau of Labor able for the pilot program; or today requires the Veterans Adminis- (ii) have the capacity, including the skill Statistics indicates that unemploy- tration to create a pilot project. This and resources necessary, to develop and ment among soldiers returning to civil- project would demonstrate and assess maintain new peer support programs for the ian life is 15 percent—three times the the feasibility of funding community delivery of community reintegration support national average. Those soldiers plan- based veterans’ organizations and and services (including mentoring programs, ning to divorce their spouse rose from groups to create and expand peer-sup- self-help groups, and Internet and other elec- nine percent to 15 percent after time port programs for veterans. It also au- tronic-based peer support resources) that are spent in the combat zone. Unfortu- thorizes $13.5 million over three years suitable for the pilot program; and nately, as more troops are deployed, (B) have a plan to continue such peer sup- for this program. These funds will be port programs after the pilot program ends. deployments are extended and breaks used to support the development or ex- (d) GRANTS.— between deployments become shorter pansion of peer-support programs in up (1) IN GENERAL.—The Secretary shall award these problems will only become more to 20 non-profit organizations that sup- grants to pilot program participants to de- prevalent. port the reintegration of veterans on a velop and promote peer support programs At present, the Department of De- local and national level. that deliver community reintegration sup- fense and the Department of Veterans The use of peer-support approaches is port and services for veterans. Affairs are struggling to meet the supported by veterans, veterans’ orga- (2) AMOUNT.—The Secretary shall ensure that the average amount of the grant award- needs of returning veterans. Situations nizations and mental health profes- ed under paragraph (1) to a pilot program like those recently uncovered at Wal- sionals. I ask for unanimous consent to participant is not more than $300,000 and not ter Reed Hospital demonstrate a health include in the record the following let- less than $100,000 per fiscal year. care system stretched to its limits. ters from the Iraq and Afghanistan (3) MATCHING FUNDS.—A recipient of a Furthermore, it would require signifi- Veterans of America, Disabled Amer- grant under paragraph (1) shall contribute cant additional resources to build up ican Veterans, the National Coalition towards the development and promotion of traditional service organizations and for Homeless Veterans, Vets4Vets and peer support programs that deliver commu- approaches to be sufficient to deal with the American Psychological Associa- nity reintegration support and services to veterans an amount equal to not less than these serious problems. tion. ten percent of the grant awarded to such re- I have risen on this floor many times I am pleased that Senator HARKIN cipient. to speak about the need to adequately has joined me in this effort. Our legis- (4) DURATION.—The duration of any grant address the mental health and physical lation is an important step to expand awarded under paragraph (1) may not exceed health needs of our citizens. However, and improve the support available to three years.

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(e) USE OF FUNDS.—A grant awarded to a ment and promotion of peer support pro- Established in 1990, NCHV is a nonprofit pilot program participant pursuant to sub- grams across America. Iraq and Afghanistan organization with the mission of ending section (d) shall be used by the pilot program Veterans of America (IAVA) strongly en- homelessness among veterans by shaping participant for costs and expenses connected dorses the Heroes Helping Heroes Program as public policy, promoting collaboration, and with the development and promotion of peer a creative attempt to connect returning vet- building the capacity of service providers. support programs that deliver community erans with other veterans. NCHV’s membership of over 250 community reintegration support and services to vet- This program will bolster existing local based organizations (CBOs) in 48 states and erans, including costs and expenses of the veterans support organizations by offering the District of Columbia provides housing following: grants, allowing them to expand services at and supportive services to homeless veterans (1) Program staff or a coordinator of volun- the fraction of the cost of starting new pro- and their families. grams. Heroes Helping Heroes will help ful- teers, but not more than 50 percent of such The Department of Veterans Affairs (VA) grant award may be used for such purpose in fill the government’s duty to assist our serv- ice men and women who fulfilled their sol- reports an estimated 400,000 veterans experi- any fiscal year of such pilot program. ence homelessness at some time during a (2) Consultation services, but not more emn duty to serve. Sincerely, year, and 200,000 are homeless on any given than 20 percent of such grant award may be night. With the VA reaching only 25 percent used for such purpose in any fiscal year of PAUL RIECKHOFF, Executive Director. of the homeless veteran population and CBOs such pilot program. 30 percent of those in need, a substantial (3) Program operations, including costs VETS4VETS, number of homeless veterans undoubtedly do and expenses relating to the following: not receive much needed services. Moreover, (A) Advertising and recruiting. Tucson, AZ, April 4, 2007. TO WHOM IT MAY CONCERN: Vets4Vets is because some areas of our country have no (B) Printing. proud to endorse Senator Gordon Smith’s community based organizations or VA facili- (C) Training of volunteers, veterans, and bill setting up a pilot program to encourage ties nearby, other programs that serve vet- staff. peer support programs for Iraq-era veterans. erans are needed. (D) Incentives, such as food and awards. Vets4Vets is a non-partisan peer support (E) Overhead expenses, but not more than Findings from a survey conducted by program, staffed almost exclusively by Iraq- NCHV in November 2005 suggest the home- ten percent of such grant award may be used era veterans and dedicated to helping Iraq for such purposes. less veteran population in America may be and Afghanistan era veterans feel good about experiencing significant changes. In addition (f) TECHNICAL ASSISTANCE.—In addition to themselves and heal from any negative as- to those who are aging and need permanent the award of grants under subsection (d), the pects of service and war. In our weekend supportive housing, the percentage of women Secretary shall provide technical assistance workshops, one-on-ones, and local groups, veterans seeking services is growing. More- to pilot program participants to assist them Vets4Vets allows veterans to take equal and in developing and promoting peer support uninterrupted turns sharing their experi- over, combat veterans of Operation Iraqi programs that deliver community reintegra- ences and expressing their feelings in a truly Freedom, Operation Enduring Freedom and tion support and services to veterans. confidential setting. To further promote the Global War on Terror are returning home (g) DEFINITIONS.—In this section: healing Vets4Vets encourages service men and suffering from war related conditions (1) ELIGIBLE ENTITY.—The term ‘‘eligible and women to take part in positive commu- that may put them at risk for homelessness. entity’’ means— nity action of their choosing that empowers These men and women are beginning to (A) a veterans service organization; them to reach out to other veterans. trickle into the Nation’s community-based (B) a not-for-profit organization— Over 200 Iraq-era veterans have taken part homeless veteran service provider organiza- (i) the primary mission of which is to as- in one or more of our nine weekend work- tions and need a variety of services—from sist veterans; shops in the last year in various parts of the mental health programs and peer support to (ii) that has been in continuous operation country. Almost all of them have been com- housing, employment training and job place- for at least 12 months; and bat veterans. Many of them are now actively ment assistance. The Heroes Helping Heroes (iii) is not a veterans service organization; reaching out to their peers to set up local program will serve as a starting point to or peer support groups. There are already help these returning heroes address their (C) a partnership between an organization groups meeting in a half dozen or so cities many needs. described in subparagraph (A) or (B) and an around the country. NCHV supports your efforts and leadership organization that is not described in sub- As would be expected from the existing on behalf of our nation’s veterans. Thank paragraph (A) or (B). body of research on peer support programs, you for providing an opportunity to help (2) PILOT PROGRAM PARTICIPANT.—The term these veterans universally enjoyed the pro- them successfully reintegrate back into ci- ‘‘pilot program participant’’ means an eligi- gram and report significant improvement in vilian life. ble entity that is selected by the Secretary, their lives. Sincerely, We urge Members of Congress to support in accordance with subsection (c), to partici- CHERYL BEVERSDORF, pate in the pilot program under this section. this bill and the peer support programs for President and CEO. (3) VETERANS SERVICE ORGANIZATION.—The Iraq-era veterans which it will encourage. term ‘‘veterans service organization’’ means Sincerely, any organization recognized by the Sec- ABEL MORENO, DISABLED AMERICAN VETERANS, retary for the representation of veterans Former Sergeant 82nd March 28, 2007. under section 5902 of title 38, United States Airborne with tours Hon. GORDON SMITH, Code. in Iraq and Afghani- U.S. Senate, (h) AUTHORIZATION OF APPROPRIATIONS.— stan; Vets4Vets Washington, DC. There are authorized to be appropriated to Media and Local DEAR SENATOR SMITH: On behalf of the Dis- the Department of Veterans Affairs to carry Outreach Coordi- abled American Veterans (DAV), I am writ- out this section, $4,500,000 for each of fiscal nator. ing with regards to the legislation that years 2008, 2009, and 2010. JASON RIDOLFI, would create the ‘‘Heroes Helping Heroes Former Sergeant, Program.’’ IRAQ AND AFGHANISTAN USMCR with two As you know, active duty service members VETERANS OF AMERICA, tours in Iraq; sometimes have difficulty making the tran- April 10, 2007. Vets4Vets Internet sition back to civilian life. This is particu- Hon. GORDON SMITH, Outreach Coordi- larly true for our injured service members 404 Russell Senate Office Building, nator. and service members who served in combat. Washington, DC. For some severely-disabled veterans of Oper- DEAR SENATOR GORDON SMITH: Only a vet- NATIONAL COALITION ations Iraqi and Enduring Freedom, the suc- eran can truly understand the story of an- FOR HOMELESS VETERANS, cess of becoming a productive member of so- other veteran. When a servicemember re- Washington, DC, April 11, 2007. ciety will be measured by their ability to turns home from a combat zone they are sub- Hon. GORDON SMITH, live independently and achieve the highest jected to a myriad of transitional issues; U.S. Senate, quality of life possible. finding a new job, reconnecting with family, Washington, DC. and mostly important, learning about the DEAR SENATOR SMITH: The National Coali- Your legislation seeks to help veterans re- person they have become. We must find cre- tion for Homeless Veterans (NCHV) writes to integrate into their communities by author- ative ways to reach out and connect these express our support for your bill, which izing the Department of Veterans Affairs to returning heroes with people who understand would establish a demonstration project en- create a pilot program to assist in the devel- their story. titled ‘‘Heroes Helping Heroes Program.’’ opment and capitalization of peer support The Heroes Helping Heroes Program is a The project would provide expanded peer programs. While DAV does not have a resolu- Demonstration Project which seeks to aid support services for veterans through vet- tion from our membership to actively sup- existing veterans’ service organizations and eran service organizations and other non- port this legislation, its purpose appears ben- other non-profit organizations that cur- profit community-based organizations that eficial and we would not be opposed to the rently work with veterans in the develop- serve veterans. favorable consideration of this bill.

VerDate Aug 31 2005 04:47 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.081 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5091 The DAV sincerely appreciates your efforts dous stress during combat, which can By Ms. MURKOWSKI (for herself, and commitment to improve the lives of our trigger severe mental health issues Ms. STABENOW, and Ms. nation’s sick and disabled veterans, their de- after they have returned home. Re- LANDRIEU): pendents and survivors. search shows that one in three vet- S. 1206. A bill to amend title I of the Sincerely, erans of the war in Iraq, and one in JOSEPH A. VIOLANTE, Employee Retirement Income Security nine veterans of the war in Afghani- National Legislative Director. Act of 1974 and the Age Discrimination stan, are coping with a serious mental health problem, including depression, in Employment Act of 1967 to clarify AMERICAN PSYCHOLOGICAL ASSOCIATION, the age discrimination rules applicable April 4, 2007. substance abuse, and/or post-traumatic to the pension plan maintained by the Hon. GORDON SMITH, stress disorder (PTSD). Untreated and U.S. Senate, under-treated stress exposure for sol- Young Woman’s Christian Association Washington, DC. diers results in a higher incidence of Retirement Fund; to the Committee on Hon. TOM HARKIN, suicide, higher divorce rates, and high- Health, Education, Labor, and Pen- U.S. Senate, er rates of drug or alcohol abuse. Addi- sions. Washington, DC. tionally, there have been almost 25,000 Ms. MURKOWSKI. Mr. President, I DEAR SENATORS SMITH AND HARKIN: On be- non-fatal American casualties. Such half of the American Psychological Associa- rise to introduce a bill that will clarify tion (APA) and our 148,000 members and af- injuries often have serious impacts on the legal status of the Young Women’s filiates; I am writing to thank you for your the ability of transitioning veterans to Christian Association’s Retirement reintegrate into their home and com- leadership in legislative efforts to promote Fund. the reintegration of America’s veterans as munity life. they return from active duty to their homes Currently, VA facilities are over- The YWCA Retirement Fund is one of and communities. whelmed by the sheer number of vet- the oldest pension plans serving the re- Deployed soldiers face unique risks and ex- erans who need assistance. The Govern- tirement needs of women. This bill will perience stress and at-times devastating in- ment Accountability Office (GAO) re- help protect the retirement security of juries. Left untreated, the attendant mental ported that many VA medical facilities health problems can severely restrict vet- thousands of YWCA employees nation- erans’ lives and their ability to reconnect to are unprepared to care for the mental wide who serve well over a million family, work, and social relationships. In health needs of the number of veterans users. who will need services. Peer support their most tragic forms, such problems can Whether it is providing day care for also lead to marital dissolution, the abuse of approaches offer a low-cost and effec- alcohol and other drugs, and suicide. At tive supplement to traditional services working mothers, keeping a battered present, the Department of Defense (DoD) by allowing veterans to help each women’s shelter open, or meeting the and the Department of Veterans Affairs (VA) other. In peer support programs, other pressing needs of women in our are striving to meet the mental health treat- transitioning veterans can talk to communities, the YWCA has a long ment. needs of returning veterans. It is im- someone who had similar experiences tradition of service. Those who work at perative that we redouble our efforts to aid our local YWCAs deserve to know that our veterans who served in Iraq and Afghani- and understands what they are going stan and are suffering from post-traumatic through. Veteran peer counselors who their retirement plan is secure. stress disorder and other mental health prob- are trained to provide support and refer Today, the YWCA Retirement Fund lems. for services when necessary can provide is a unique pension program. First, ap- Your proposed bill, which would establish a outreach to other veterans and assist proximately 90 percent of its partici- demonstration project entitled ‘‘the Heroes in a smooth transition back to civilian Helping Heroes Program,’’ would provide ex- pants are women. Second, it is a mul- life. tiple employer pension plan—one that panded peer support services for veterans The Heroes Helping Heroes program through veterans service organizations and relies on 300 local YWCAs to make will allow veterans’ service organiza- other non-profit community-based organiza- funding contributions. And lastly, tions that serve veterans. Through peer sup- tions to develop or expand peer support programs. Veterans’ service organiza- since it was established in 1924, the port programs, veterans help one another to pension plan’s structure has remained cope with the trauma of combat experience, tions and other non-profits that serve the mental anguish that comes from debili- veterans are well-equipped to provide generally unchanged—it is partially a tating physical injury, and the difficulties of such peer support programs. Given that defined benefit plan, and partially a de- readjusting to a civilian mindset and the the VA is stretched to capacity, these fined contribution plan. rhythms of daily life. Such programs are organizations are able to run such pro- Recently, some employers have highly effective in providing needed support grams in addition to mental health to veterans, as we know from the veterans transformed their traditional defined readjustment counseling centers currently services provided by professional coun- benefit pension plans into various run by the VA. selors. types of ‘‘hybrid’’ plans, and in the In closing, I thank you once again for your The Substance Abuse and Mental process, some have reduced the rate at Health Service Administration efforts and leadership on behalf of our na- which benefits accrue for their older tion’s veterans. (SAMSHA) and the President’s New Sincerely, Freedom Commission on Mental workers. Older workers have success- NORMAN B. ANDERSON, Ph.D., Health have recognized peer support fully challenged some of these arrange- Chief Executive Officer. approaches as an emerging best prac- ments as age discriminatory. During Mr. HARKIN. Mr. President, I am tice in helping people to recover from its more than 80-year history, the pleased to join with the distinguished traumatic events. Research has found YWCA Retirement Fund has never Senator from Oregon, Senator SMITH, that peer support programs are effec- treated any worker differently based to introduce the Heroes Helping Heroes tive in alleviating PTSD symptoms and on age or longevity of employment. Act, to expand the availability of peer depression, reducing the likelihood of Most of the controversy surrounding support programs for veterans. hospitalization, and increasing social these plans focuses on how employers As our military personnel return support. treat certain participants when they from combat, they face daunting chal- When members of our Armed Forces convert their pre-existing pension lenges in transitioning back to civilian come home from war, this does not plans. But the YWCA pension program life. They have to deal with family necessarily mean that the war is over never converted—its basic structure issues arising from their long absence for them. Many continue to carry phys- has remained the same since it was es- from home. They have to find new em- ical and psychological wounds and tablished in 1924. ployment. They also have to cope with scars. We have a profound moral con- separation from their close friends. tract to care for those who have fought The success of some of these lawsuits After spending many months if not for our country and sacrificed so much. has raised questions about whether the years with the men and women in their One additional way to make good on YWCA pension plan could be found to unit—sharing intense wartime experi- that contract in a cost-effective way is be age discriminatory merely on the ences and looking out for each other— to expand the availability peer support basis of its design. This threat is par- they may not find that same close sup- programs nationwide. To that end, I ticularly acute given the fact that the port when they return. urge my colleagues to join with Sen- YWCA Retirement Fund is a multiple In addition, many members of our ator SMITH and me in sponsoring the employer pension plan—a plan that re- Armed Forces have endured tremen- Heroes Helping Heroes Act. lies on contributions from each local

VerDate Aug 31 2005 04:25 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.137 S25APPT1 hmoore on PRODPC68 with HMSENATE S5092 CONGRESSIONAL RECORD — SENATE April 25, 2007 YWCA. This enormous potential liabil- for each plan year at the average of the an- who have the knowledge and resources ity would be shared jointly by all local nual rates of interest on 10-year Treasury se- to make an impact now. Congress un- YWCAs. Under current law, even the curities during a designated period in the derstands the impact ‘green buildings’ mere threat of a lawsuit could cause preceding plan year, and have on reducing our Nation’s energy (B) for periods beginning on or after Janu- consumption and carbon emissions. local YWCAs to end their participation ary 1, 2008, interest credits which satisfy the in this plan. requirements of section 204(b)(5)(B)(i) of the That is why in the Energy Policy Act This legislation merely delineates Employee Retirement Income Security Act of 2005 we created a tax deduction for many of the unique characteristics of of 1974 (29 U.S.C. 1054(b)(5)(B)(i)) (added by energy efficient buildings. Unfortu- the YWCA pension plan and clarifies section 701(a) of the Pension Protection Act nately, that deduction will expire on what age discrimination standard ap- of 2006 (Public Law 109–280; 120 Stat. 981)) and December 31, 2008. Congress must not plies to the plan with respect to any fu- section 4(i)(10)(B))(i) of the Age Discrimina- allow this deduction to expire. Building ture legal claim. This bill protects par- tion in Employment Act of 1967 (29 U.S.C. energy efficient buildings is one of the 623(i)(10)(B)(i)) (added by section 701(c) of the ticipants from being treated differently key things being done right now to re- Pension Protection Act of 2006 (Public Law duce carbon dioxide emissions as well on the basis of age, while eliminating 109–280; 120 Stat. 989)). the potential crippling legal threat (b) PURPOSE.—The purpose of this Act is to as reduce our Nation’s energy con- that currently exists. clarify the age discrimination rules under sumption. Legislation was enacted in 2004—Pub- section 204(b)(1)(H) of the Employee Retire- Commercial buildings are a substan- lic Law 108–476—to clarify the legal ment Income Security Act of 1974 and sec- tial part of our Nation’s energy con- status of the YMCA pension plan, a tion 4(i)(1) of the Age Discrimination in Em- sumption and can be a key to reducing plan that is similar to the YWCA plan. ployment Act of 1967, as they relate to peri- demand for electricity. These buildings ods prior to June 29, 2005, during which viola- Congress was right to protect the are responsible for 40 percent of total tions of such rules are alleged to have oc- U.S. energy consumption, they use 70 YMCA pension plan then and now it is curred in civil actions commenced on or time to protect the pension plan serv- percent of the nation’s electricity and after April 25, 2007. they are accountable for 40 percent of ing our YWCAs. SEC. 3. CLARIFICATION OF AGE DISCRIMINATION I ask unanimous consent that the RULES. the U.S. carbon dioxide emissions. text of the bill be printed in the (a) IN GENERAL.—In the case of any civil They are a major piece to enabling our Nation’s energy independence and to RECORD. action which— There being no objection, the text of (1) is commenced on or after April 25, 2007, solving the global warming puzzle and and the bill was ordered to be printed in Congress must not overlook them or (2) alleges a violation of section 204(b)(1)(H) leave them out. the RECORD, as follows: of the Employee Retirement Income Secu- The average life-span of a commer- S. 1206 rity Act of 1974 (29 U.S.C. 1054(b)(1)(H)) or cial building is 75 years. We must use Be it enacted by the Senate and House of Rep- section 4(i)(1) of the Age Discrimination in our resources, to build energy-efficient Employment Act of 1967 (29 U.S.C. 623(i)(1)) resentatives of the United States of America in buildings today and make these build- Congress assembled, occurring before June 29, 2005, with respect ings truly ready for the future. One SECTION 1. SHORT TITLE. to any benefit provided under the Young This Act may be cited as the ‘‘Young Wom- Women’s Christian Association Pension way to do so is to provide incentives to en’s Christian Association Pension Clarifica- Plan, those who are willing to step up to the tion Act of 2007’’. such sections 204(b)(1)(H) and 4(i)(1) shall be plate and accept the challenge. SEC. 2. FINDINGS AND PURPOSE. applied as if paragraph (5) of section 204(b) of Another benefit from building energy (a) FINDINGS.—The Congress finds the fol- the Employee Retirement Income Security efficient or green buildings is that they lowing: Act of 1974 (as added by section 701(a)(1) of also improve our health. Americans (1) The Young Women’s Christian Associa- the Pension Protection Act of 2006 (29 U.S.C. spend about 90 percent of their time in- tion Pension Plan is a multiple employer 1054(b)(5); 120 Stat. 981) and paragraph (10) of doors. The concentration of indoor pol- plan (subject to the requirements of section section 4(i) of the Age Discrimination in Em- lutants is sometimes 10 to 100 times 210 of the Employee Retirement Income Se- ployment Act of 1967 (29 U.S.C. 623(i)(10); 120 Stat. 998) applied to any period in which such more than outdoor pollutants increas- curity Act of 1974) which is maintained by a ing the frequency of illnesses and ail- corporation created by State law prior to the alleged violation occurred. enactment of the Employee Retirement In- (b) YOUNG WOMEN’S CHRISTIAN ASSOCIATION ments. come Security Act of 1974 and the Age Dis- PENSION PLAN.—For purposes of this Act, the Researchers have proven that em- crimination in Employment Act of 1967 and term ‘‘Young Women’s Christian Association ployees who are exposed to more sun- whose primary purpose is the maintenance of Pension Plan’’ means the defined benefit light are more productive workers. retirement programs. plan (as defined in section 3(35) of the Em- They have proven that by changing the (2) No applicable plan amendment, as de- ployee Retirement Income Security Act of carpets on the floor and paint on the fined in clause (v) of section 204(b)(5)(B) of 1974) established on January 1, 1926, and walls workers have less respiratory ail- maintained by the Young Women’s Christian the Employee Retirement Income Security ments. These are simple things that Act of 1974 (29 U.S.C. 1054(b)(5)(B)(v)) (added Association Retirement Fund, a corporation created by an Act of the State of New York can be done to increase employees’ by section 701(a) of the Pension Protection health and their productivity and our Act of 2006 (Public Law 109–280; 120 Stat. 982)) which became law on April 12, 1924. and clause (v) of section 4(i)(10)(B) of the Age nation’s overall success. Discrimination in Employment Act of 1967 By Ms. LANDRIEU: Our Nation is doing a good job of re- (29 U.S.C. 623(i)(10)(B)(v)) (added by section S. 1207. A bill to amend the Internal searching and developing new tech- 701(c) of the Pension Protection Act of 2006 Revenue Code of 1986 to increase and nologies to reduce our dependence on (Public Law 109–280; 120 Stat. 986)), or any ap- extend the energy efficient commercial foreign energy and to combat global plicable plan amendment causing a partici- buildings deduction; to the Committee warming, and Congress has helped pant’s accrued benefit to be less than the on Finance. move these technologies along by pro- amount described in clause (iii) of such sec- Ms. LANDRIEU. Mr. President, I rise viding incentives in the way of tax de- tion 204(b)(5)(B) or clause (iii) of such section today to introduce legislation entitled ductions. Unfortunately, many of these 4(i)(10)(B), has ever been made to the Young Giving Reductions to Energy Efficient incentives have an expiration date that Women’s Christian Association Pension Plan. New Buildings, the GREEN Buildings expires too soon to provide the help it (3) Under the terms of the Young Women’s Act. This bill will extend the energy ef- is intended to provide. Congress needs Christian Association Pension Plan, as in ef- ficient building tax deduction from De- to keep these incentives intact and fect as of June 29, 2005, all pension benefits of cember 31, 2008 until December 31, 2013. provide stability so companies and in- all participants under the plan are imme- This bill will also increase the tax de- vestors can be assured of their invest- diately nonforfeitable. duction from $1.80 to $2.25 per square ment. In turn, maintaining these in- (4) As of April 25, 2007, the Young Women’s foot. centives will advance our Nation’s en- Christian Association Pension Plan pro- Our Nation is diligently searching to ergy independence and reduce our car- vides— find the long-term solutions to global (A) for periods including June 29, 2005, and bon dioxide emissions—two very impor- ending on or before December 31, 2007, a cred- warming and, how to reduce our carbon tant goals. I urge my fellow Senators it to the account of each participant equal to foot print. As Congress continues to to support this sensible and much need- 40 percent of the pay credit provided to such search for these solutions, we must ed tax incentive. We don’t have an- participant and interest credits determined continue to provide incentives to those other 75 years to wait.

VerDate Aug 31 2005 04:25 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.065 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5093 By Mr. DORGAN: which emphasized the importance of SECTION 1. SHORT TITLE. S. 1208. A bill to provide additional protecting Social Security numbers. This Act may be cited as the ‘‘Social Secu- security and privacy protection for so- The FTC report said the following rity Account Number Protection Act’’. cial security account numbers; to the about Social Security numbers: ‘‘Con- SEC. 2. SOCIAL SECURITY NUMBER PROTECTION. (a) PROHIBITION OF UNNECESSARY SOLICITA- Committee on Finance. sumer information is the currency of TION OF SOCIAL SECURITY NUMBERS.— Mr. DORGAN. Mr. President, today I identity theft, and perhaps the most (1) IN GENERAL.—Unless there is a specific am introducing a piece of legislation valuable piece of information for the use of a social security account number for called the ‘‘Social Security Account thief is the SSN. The SSN and a name which no other identifier reasonably can be Number Protection Act’’ that would re- can be used in many cases to open an used, a covered entity may not solicit a so- strict the ability of companies to sell account and obtain credit or other ben- cial security account number from an indi- or purchase Social Security numbers. efits in the victim’s name.’’ vidual except for the following purposes: Let me describe why this legislation In fact elsewhere in the report, the (A) For use in an identification, is so necessary. FTC underscored that Social Security verification, accuracy, or identity proofing On February 15, 2005, Georgia-based numbers are ‘‘the most valuable com- process. (B) For any purpose permitted under the data warehouser ChoicePoint disclosed modity for an identity thief.’’ Fair Credit Reporting Act (15 U.S.C. 1681 et that it had compromised the private One of the FTC’s top recommenda- seq.) or the Gramm-Leach-Bliley Act (15 customer data of 145,000 individuals. tions was that federal agencies should U.S.C. 6802(e)). Criminals posing as legitimate small reduce the unnecessary use of Social (C) To comply with the requirement of business people had purchased files on Security numbers. Federal, State, or local law. about 145,000 people, some of whom And it’s clear that the FTC heard (2) EXCEPTIONS.—Paragraph (1) does not were later defrauded. from many Americans who were un- apply to the solicitation of a social security One of the critical pieces of informa- happy with the widespread overuse of account number— tion that ChoicePoint sold to these Social Security numbers. Indeed, the (A) for the purpose of obtaining a con- FTC report notes that one of the main sumer report for any purpose permitted criminals was Social Security num- under the Fair Credit Reporting Act (15 bers. That’s Social Security numbers of concerns that Americans have in pro- U.S.C. 1681 et seq.), 145,000 people in all 50 states. tecting their identity is ‘‘the overuse (B) by a consumer reporting agency for the Here is a statistic that I found in- of Social Security numbers as identi- purpose of authenticating or obtaining ap- credible: Choice Point has 17,000 busi- fiers.’’ propriate proof of a consumer’s identity, as ness ‘‘customers’’ for such information. It stands to reason that the more required under that Act; Can you imagine your Social Security that Social Security numbers are sold (C) for any purpose permitted under sec- number potentially being sold to from one business to another for mar- tion 502(e) of the Gramm-Leach-Bliley Act keting and other commercial purposes, (15 U.S.C. 6802(e)); or 117,000 businesses? And that’s just one (D) to the extent necessary for verifying of the companies that was selling data- the greater the chance that the num- bers will be lost, misplaced, stolen, the accuracy of information submitted by an bases that included Social Security individual to a covered entity, its agents, numbers at the time. leaked, or otherwise fall into the wrong contractors, or employees or for the purpose I bet that most Americans were sur- hands. of authenticating or obtaining appropriate prised to find out that it was perfectly Now, I’ll be the first to recognize proof of an individual’s identity; legal for companies to sell their Social that there are some instances where (E) to identity or locate missing or ab- Security numbers to tens of thousands the use of Social security numbers is ducted children, witnesses, criminals, fugi- of other companies. If you took a na- appropriate. So my amendment has a tives, parties to lawsuits, parents delinquent tional survey and asked Americans this number of reasonable exceptions to the in child support payments, organ and bone prohibition on the sale of Social Secu- marrow donors, pension fund beneficiaries, question: ‘‘Do you think that private and missing heirs; companies should have the ability to rity numbers, for purposes such as na- tional security, public health, law en- (F) to the extent necessary to prevent, de- purchase and sell your Social Security tect, or investigate fraud, unauthorized number?’’ I assure you that the answer forcement, administration of federal or transactions, or other financial liability or would overwhelmingly be ‘‘no.’’ state tax laws, credit reporting agen- to facilitate the enforcement of an obliga- In the 109th Congress, when the Sen- cies, prevention and investigation of ID tion of, or collection of a debt from, a con- ate Commerce Committee marked up theft, and tracking of missing and ab- sumer, provided that the person selling, pro- S. 1408, the ID Theft Protection Act, I ducted children. viding, displaying, or obtaining the social se- What’s more, my bill allows an ‘‘opt- offered an amendment that very simply curity account number does not do so for in’’ clause. That is, it allows individ- marketing purposes. said that it should be illegal to sell or uals, if they so choose, to agree in writ- (b) PROHIBITION OF THE DISPLAY OF SOCIAL purchase Social Security numbers. ing to have their Social Security num- SECURITY NUMBERS ON EMPLOYEE IDENTIFICA- This as a commonsense amendment, TION CARDS, ETC.— ber sold or purchased by others—pro- and it passed unanimously. The ID (1) IN GENERAL.—A covered entity may not Theft Protection Act was reported by vided the individual provides his af- display an individual’s security account firmative consent, and the individual is the Commerce Committee in December number (or any derivative of such number) not obligated to provide the Social Se- 2005, but the bill did not make it to the on any card or tag that is commonly pro- curity number as a condition for con- vided to employees (or to their family mem- Senate floor. bers), faculty, staff, or students for purposes But the problem of ID theft has not ducting a transaction. I think these are reasonable exemp- of identification. gone away. In its most recent survey, tions. (2) DRIVER’S LICENSES.—A State may not the Better Business Bureau estimated I should add that in the 109th Con- display the social security account number that approximately 8.9 million Ameri- gress, Senators SPECTER and LEAHY of an individual on driver’s licenses issued by cans were victims of identity theft in that State. also introduced S. 1332, a bill that simi- (c) PROHIBITION OF PRISONER ACCESS TO SO- 2006. The total U.S. annual identity larly restricts the sale of Social Secu- fraud cost is an estimated $52.6 billion CIAL SECURITY NUMBERS.— rity numbers. (1) IN GENERAL.—Section 205(c)(2)(C) of the per year. So this is a bipartisan concept, and I Social Security Act (42 U.S.C. 405(c)(2)(C)) is We will shortly be marking up an- hope that my legislation will have bi- amended by adding at the end the following: other ID theft bill in the 110th Con- partisan support when it reaches the ‘‘(x) No executive, legislative, or judicial gress, through the Commerce Com- floor of the U.S. Senate. agency or instrumentality of the Federal mittee. The bill the Commerce Com- I ask unanimous consent that the Government or of a State or political sub- mittee is considering now does not text of the bill be printed in the division thereof (or person acting as an agent of such an agency or instrumentality) may have provisions restricting the sale or RECORD. purchase of Social Security numbers, There being no objection, the text of employ, or enter into a contract for the use and I intend to offset an amendment to or employment of, prisoners in any capacity the bill was ordered to be printed in that would allow such prisoners access to the fix that, with the language that I am the RECORD, as follows: social security account numbers of other in- introducing as standalone legislation S. 1208 dividuals. For purposes of this clause, the today. Be it enacted by the Senate and House of Rep- term ‘prisoner’ means an individual who is I should note that the FTC issued a resentatives of the United States of America in confined in a jail, prison, or other penal in- report on ID theft just this month, Congress assembled, stitution or correctional facility, serving

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.089 S25APPT1 hmoore on PRODPC68 with HMSENATE S5094 CONGRESSIONAL RECORD — SENATE April 25, 2007 community service as a term of probation or strumentality) for the purpose of advancing (C) banks insured by the Federal Deposit parole, or serving a sentence through a the public good, on the condition that the re- Insurance Corporation (other than members work-furlough program.’’. searcher provides adequate assurances that— of the Federal Reserve System), insured (2) TREATMENT OF CURRENT ARRANGE- (i) the social security account numbers State branches of foreign banks by the Board MENTS.—In the case of— will not be used to harass, target, or publicly of Directors of the Federal Deposit Insurance (A) prisoners employed as described in reveal information concerning any identifi- Corporation; and clause (x) of section 205(c)(2)(C) of the Social able individuals; (D) savings associations the deposits of Security Act (42 U.S.C. 405(c)(2)(C)), as added (ii) information about identifiable individ- which are insured by the Federal Deposit In- by paragraph (1), on the date of enactment of uals obtained from the research will not be surance Corporation by the Director of the this Act: and used to make decisions that directly affect Office of Thrift Supervision; (B) contracts described in such clause in ef- the rights, benefits, or privileges of specific (2) the Federal Credit Union Act (12 U.S.C. fect on such date, individuals; and 1751 et seq.) by the Board of the National the amendment made by paragraph (1) shall (iii) the researcher has in place appropriate Credit Union Administration Board with re- take effect 90 days after the date of enact- safeguards to protect the privacy and con- spect to any Federal credit union; ment of this Act. fidentiality of any information about identi- (3) the Securities and Exchange Act of 1934 (d) PROHIBITION OF SALE AND DISPLAY OF fiable individuals, including procedures to (15 U.S.C. 78a et seq.) by the Securities and SOCIAL SECURITY NUMBERS TO THE GENERAL ensure that the social security account num- Exchange Commission with respect to— PUBLIC.— bers will be encrypted or otherwise appro- (A) a broker or dealer subject to that Act; (1) IN GENERAL.—Except as provided in priately secured from unauthorized disclo- (B) an investment company subject to the paragraph (2), it shall be unlawful for any sure; or Investment Company Act of 1940 (15 U.S.C. person— (K) to the extent that the transmission of 80a-1 et seq.); and (A) to sell, purchase, or provide a social se- the social security account number is inci- (C) an investment advisor subject to the curity account number, to the general public dental to the sale or provision of a document Investment Advisers Act of 1940 (15 U.S.C. or display to the general public social secu- lawfully obtained from— 80b-1 et seq.); and rity account numbers; or (i) the Federal Government or a State or (4) State insurance law, in the case of any (B) to obtain or use any individual’s social local government, that the document has person engaged in providing insurance, by security account number for the purpose of been made available to the general public; or the applicable State insurance authority of locating or identifying such individual with (ii) the document has been made available the State in which the person is domiciled. the intent to physically injure or harm such to the general public via widely distributed (d) EXERCISE OF CERTAIN POWERS.—For the individual or using the identity of such indi- media. purpose of the exercise by any agency re- vidual for any illegal purpose. (2) LIMITATION.—Paragraph (1)(K) does not ferred to in subsection (c) of its powers under any Act referred to in that subsection, a vio- (2) EXCEPTIONS.—Notwithstanding para- apply to information obtained from publicly graph (1), and subject to paragraph (3), a so- available sources or from Federal, State, or lation of this Act is deemed to be a violation cial security account number may be sold, local government records if that information of a requirement imposed under that Act. In provided, displayed, or obtained by any per- is combined with information obtained from addition to its powers under any provision of son— non-public sources. law specifically referred to in subsection (c), each of the agencies referred to in that sub- (A) to the extent necessary for law enforce- (3) CONSENSUAL SALE.—Notwithstanding section may exercise, for the purpose of ment or national security purposes; paragraph (1), a social security account num- 2enforcing compliance with any requirement (B) to the extent necessary for public ber assigned to an individual may be sold, imposed under this Act, any other authority health purposes; provided, or displayed to the general public conferred on it by law. (C) to the extent necessary in emergency by any person to the extent consistent with such individual’s voluntary and affirmative (e) OTHER AUTHORITY NOT AFFECTED.— situations to protect the health or safety of Nothing in this Act shall be construed to 1 or more individuals; written consent to the sale, provision, or dis- play of the social security account number limit or affect in any way the Commission’s (D) to the extent that the sale or display is authority to bring enforcement actions or required, authorized, or permitted under any only if— (A) the terms of the consent and the right take any other measure under the Federal law of the United States or of any State (or Trade Commission Act (15 U.S.C. 41 et seq.) political subdivision thereof); to refuse consent are presented to the indi- vidual in a clear, conspicuous, and under- or any other provision of law. (E) for any purposes allowed under the Fair (f) COMPLIANCE WITH GRAMM-LEACH-BLILEY standable manner; Credit Reporting Act (15 U.S.C. 1681 et seq.) ACT.— (B) the individual is placed under no obli- or the Gramm-Leach-Bliley Act (15 U.S.C. (1) NOTICE.—Any covered entity that is gation to provide consent to any such sale or 6802(e)); subject to the Gramm-Leach-Bliley Act (15 display; and (F) to the extent necessary for verifying U.S.C. 6801 et. seq.), and gives notice in com- (C) the terms of the consent authorize the the accuracy of information submitted by an pliance with the notification requirements individual to limit the sale, provision, or dis- individual to a covered entity, its agents, established for such covered entities under play to purposes directly associated with the contractors, or employees or for the purpose title V of that Act is deemed to be in compli- transaction with respect to which the con- of authenticating or obtaining appropriate ance with section 3 of this Act. sent is sought. proof of the individual’s identity; (2) SAFEGUARDS.—Any covered entity that (G) to the extent necessary to identify or SEC. 3. ENFORCEMENT. is subject to the Gramm-Leach-Bliley Act (15 locate missing or abducted children, wit- (a) ENFORCEMENT BY COMMISSION.—Except U.S.C. 6801 et. seq.), and fulfills the informa- nesses to an ongoing or potential civil or as provided in subsection (c), this Act shall tion protection requirements established for criminal lawsuit, criminals, criminal sus- be enforced by the Commission. such entities under title V of the Act and pects, parties to lawsuits, parents delinquent (b) VIOLATION IS UNFAIR OR DECEPTIVE ACT under section 607(a) of the Fair Credit Re- in child support payments, organ and bone OR PRACTICE.—The violation of any provision porting Act (15 U.S.C. 1681e(a)) to protect marrow donors, pension fund beneficiaries, of this Act shall be treated as an unfair or sensitive personal information shall be missing heirs, and for similar legal, medical, deceptive act or practice proscribed under a deemed to be in compliance with section 2 of or family related purposes, if the person sell- rule issued under section 18(a)(1)(B) of the this Act. ing, providing, displaying, or obtaining the Federal Trade Commission Act (15 U.S.C. SEC. 4. ENFORCEMENT BY STATE ATTORNEYS social security account number does not do 57a(a)(1)(B)). GENERAL. so for marketing purposes; (c) ENFORCEMENT BY CERTAIN OTHER AGEN- (a) IN GENERAL.—Except as provided in sec- (H) to the extent necessary to prevent, de- CIES.—Compliance with this Act shall be en- tion 3(c), a State, as parens patriae, may tect, or investigate fraud, unauthorized forced exclusively under— bring a civil action on behalf of its residents transactions, or other financial liability or (1) section 8 of the Federal Deposit Insur- in an appropriate state or district court of to facilitate the enforcement of an obliga- ance Act (12 U.S.C. 1818), in the case of— the United States to enforce the provisions tion of, or collection of a debt from, a con- (A) national banks, and Federal branches of this Act, to obtain damages, restitution, sumer, if the person selling, providing, dis- and Federal agencies of foreign banks by the or other compensation on behalf of such resi- playing, or obtaining the social security ac- Office of the Comptroller of the Currency; dents, or to obtain such further and other re- count number does not do so for marketing (B) member banks of the Federal Reserve lief as the court may deem appropriate, purposes; System (other than national banks), whenever the attorney general of the State (I) to the extent the transmission of the branches and agencies of foreign banks has reason to believe that the interests of number is incidental to, and in the course of, (other than Federal branches, Federal agen- the residents of the State have been or are the sale, lease, franchising, or merger of all, cies, and insured State branches of foreign being threatened or adversely affected by a or a portion of, a business; or banks), commercial lending companies covered entity that violates this Act or a (J) to the extent necessary for research owned or controlled by foreign banks, orga- regulation under this Act. (other than market research) conducted by nizations operating under section 25 or 25A (b) NOTICE.—The State shall serve written an agency or instrumentality of the United of the Federal Reserve Act (12 U.S.C. 601 and notice to the Commission (or other appro- States or of a State or political subdivision 611) by the Board of Governors of the Federal priate Federal regulator under section 3) of thereof (or an agent of such an agency or in- Reserve System; any civil action under subsection (a) at least

VerDate Aug 31 2005 03:45 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.090 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5095 60 days prior to initiating such civil action. This legislation seeks to clarify the hunting trips would be a tragedy. This The notice shall include a copy of the com- future use and management of the is the public’s land. It’s a national plaint to be filed to initiate such civil ac- park, and specifically protects Santa park, and the public should be able to tion, except that if it is not feasible for the Rosa Island for the use of the public. visit it and enjoy its breath-taking State to provide such prior notice, the State The taxpayers paid approximately $30 shall provide such notice immediately upon beauty and remoteness. instituting such civil action. million to acquire Santa Rosa Island in I also want to address one issue the (c) AUTHORITY TO INTERVENE.—Upon re- 1986 to restore its native ecology and provision in last year’s Defense Au- ceiving the notice required by subsection (b), provide public access. thorization bill purportedly seeks to the Commission (or other appropriate Fed- Unfortunately, late last year during address: enhancing hunting opportuni- eral regulator under section 8) may inter- conference negotiations a provision ties for disabled veterans. vene in such civil action and upon inter- was slipped into the fiscal year 2007 De- While no one opposes providing hunt- vening— fense Authorization bill seeking to ing opportunities for our veterans, it is (1) be heard on all matters arising in such overturn a court-approved settlement clear that it is neither a practical nor civil action; and agreement which requires the phasing viable option to use Santa Rosa Island (2) file petitions for appeal of a decision in such civil action. out of private hunting on Santa Rosa as a hunting reserve for injured and (d) CONSTRUCTION.—For purposes of bring- Island. disabled veterans. ing any civil action under subsection (a), Under a binding court settlement in This view is now supported by the nothing in this section shall prevent the at- the late 1990s, non-native deer and elk Paralyzed Veterans of America, PVA, torney general of a State from exercising the must be removed from Santa Rosa Is- an organization which previously ex- powers conferred on the attorney general by land over a phased, 4-year period begin- pressed support for the provision over- the laws of such State to conduct investiga- ning in 2008. turning the settlement. tions or to administer oaths or affirmations Today, from mid-August through Notably, in July 2006, the PVA or to compel the attendance of witnesses or mid-November, a large portion of the reached the conclusion following an in- the production of documentary and other evidence. island is closed to the public so that vestigative visit to Santa Rosa that (e) VENUE; SERVICE OF PROCESS.—In a civil the island’s prior owners can run a tro- the ‘‘numerous obstacles inherent to action brought under subsection (a)— phy hunting operation targeting the the island, including ingress and (1) the venue shall be a judicial district in deer and elk on the island. egress, logistics, personal safety and which— Under the settlement, this hunting cost, far outweigh the possible, limited (A) the covered entity operates; or operation was to end in 2011 allowing benefit it could provide.’’ (B) the covered entity was authorized to do the island to be completely open to the Furthermore, it should be pointed business; public year round. out that in California today, there are (2) process may be served without regard to Now, under last year’s provision, the already 9 military installations that the territorial limits of the district or of the prior owners will seek to continue State in which the civil action is instituted; permit hunting—five that can accom- and charging $16,000 or more for their pri- modate disabled servicemembers. (3) a person who participated with a cov- vately operated hunting trips. Two of these military installations, ered entity in an alleged violation that is Even though the Government pur- Camp Pendleton and Vandenberg Air being litigated in the civil action may be chased the island from them for $30 Force Base, are relatively close to the joined in the civil action without regard to million in taxpayer money, the prior Channel Islands National Park, and the residence of the person. owners would seek to keep essentially allow disabled veterans to hunt a vari- (f) LIMITATION ON STATE ACTION WHILE everything they had before—and that’s ety of animals, including deer, water- FEDERAL ACTION IS PENDING.—If the Commis- simply not in the public interest. sion (or other appropriate Federal agency fowl, quail, feral pigs, small game, and Some may be interested in learning a coyote. under section 3) has instituted a civil action little history and background on this or an administrative action for violation of Altogether there are over 100 U.S. this Act, no State attorney general, or offi- gem of an island: Santa Rosa Island is military installations where hunting is cial or agency of a State, may bring an ac- approximately 53,000 acres and lies permitted, over 70 of which are cur- tion under this subsection during the pend- about 50 miles west of Ventura Harbor. rently accessible to disabled service- ency of that action against any defendant It is the second largest of the five is- members and veterans. named in the complaint of the Commission lands making up the Channel Islands Naturally, the Park Service is firmly or the other agency for any violation of this National Park. It is extremely rugged opposed to the provision seeking to Act alleged in the complaint. and pristine, with terrain ranging from overturn the settlement. But it is also SEC. 5. DEFINITIONS. grassy hills to steep, wind-carved can- important to note that neither the De- In this Act: yons to white sandy beaches. Craggy, (1) COMMISSION.—The term ‘‘Commission’’ partment of Defense nor the Veterans means the Federal Trade Commission. steep cliffs overlook rocky tide pools Administration asked for the language. (2) SOCIAL SECURITY ACCOUNT NUMBER.—The along its coast. Wildflowers cover Consequently, I strongly believe that term ‘‘social security account number’’ many parts of the island during the the Park Service should continue man- means a social security account number that spring and summer. It is ecologically aging this National Park for the ben- contains more than 5 digits of the full 9-digit sensitive and includes several endemic efit of the general public. To allow any number assigned by the Social Security Ad- plants and species. For example, it is less would be a waste of taxpayer dol- ministration but does not include social se- the only place in the world to see the lars and wrongly limit the public’s ac- curity account numbers to the extent that island fox and spotted skunk in their cess to this national treasure. they are included in a publicly available in- natural habitat. A variety of shore formation source, such as news reports, I strongly believe that we must do books, periodicals, or directories or Federal, birds—like the snowy plover—and sea everything to protect the island for the State, or local government records. mammals—such as seals and sea public and oppose any measures that lions—breed on its beaches. It is seen could continue to restrict access to the By Mrs. FEINSTEIN (for herself by many scientists as one of the na- island. and Mrs. BOXER): tion’s most unique places. In addition This legislation we are introducing S. 1209. A bill to provide for the con- to being the home of rare flora and today would safeguard the island in tinued administration of Santa Rosa fauna, it is an archaeological and pale- just this manner. I urge my colleagues Island, Channel Islands National Park, ontological treasure, with some sites to support this legislation and I ask in accordance with the laws (including dating back 11,000 years or to the Pleis- unanimous consent that the text of regulations) and policies of the Na- tocene-era. In fact, in 1994, the world’s this proposed legislation be printed in tional Park Service, and for other pur- most complete skeleton of a pygmy the RECORD. poses; to the Committee on Energy and mammoth was excavated on the island. There being no objection, the text of Natural Resources. It offers incredible recreational oppor- the bill was ordered to be printed in Mrs. FEINSTEIN. Mr. President, I tunities for the public, including hik- the RECORD, as follows: am pleased to join my colleague Sen- ing, camping, kayaking, fishing, sea S. 1209 ator BOXER in introducing the Channel sports, and wildlife watching. Be it enacted by the Senate and House of Rep- Islands National Park Management The limitation of public access to the resentatives of the United States of America in Act of 2007. island to accommodate privately run Congress assembled,

VerDate Aug 31 2005 03:50 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.090 S25APPT1 hmoore on PRODPC68 with HMSENATE S5096 CONGRESSIONAL RECORD — SENATE April 25, 2007 SECTION 1. SHORT TITLE. treatment of children who have been taking children into protective custody This Act may be cited as the ‘‘Channel Is- endangered by living at a home where and arranging for child protective serv- lands National Park Management Act of methamphetamine has been manufac- ices, immediately testing the children 2007’’. tured or distributed. But unless we for methamphetamine exposure, con- SEC. 2. FINDINGS. Congress finds that— pass new legislation, that authoriza- ducting medical and mental health as- (1) Channel Islands National Monument tion will not continue beyond the cur- sessments, and ensuring short- and was designated in 1938 by President Franklin rent fiscal year. long-term care. D. Roosevelt under the authority of the Act A companion bill was introduced ear- Unfortunately, the ONDCP’s initia- of June 8, 1906 (16 U.S.C. 431 note); lier this year by California Congress- tive, which had been funded in part (2) the Monument was expanded to include man DENNIS A. CORDOZA, with bipar- through a DOJ award of $2.124 million additional islands and redesignated as Chan- tisan support in the House. under the Community Oriented Polic- nel Islands National Park in 1980 to protect The White House’s Office of National ing Services (COPS) Methamphetamine the nationally significant natural, scenic, Drug Control Policy, or ONDCP, has wildlife, marine, ecological, archaeological, Initiative of 2003, was not continued cultural, and scientific values of the Channel documented that innocent children are thereafter. Islands in California; sometimes found in homes and other The USA PATRIOT Reauthorization (3) Santa Rosa Island was acquired by the environments, hotels, automobiles, Act that we passed in 2005, establishing United States in 1986 for approximately apartments, etc., where methamphet- a specific grant program for this pur- $29,500,000 for the purpose of restoring the amine and other illegal substances are pose, recognized the need to continue native ecology of the Island and making the produced. this initiative. Unfortunately, this Island available to the public for rec- According to the El Paso Intelligence grant program that we authorized was reational uses; Center (EPIC) National Clandestine never funded. In fiscal year 2006, the (4) Santa Rosa Island contains numerous Laboratory Seizure System, there were prehistoric and historic artifacts and pro- program that we authorized was appro- vides important habitat for several threat- 1,660 children affected by or injured or priated no funds at all. ened and endangered species; killed at methamphetamine labs dur- In fiscal year 2007, the House of Rep- (5) under a court-approved settlement, the ing 2005. resentatives voted to include $5 million nonnative elk and deer populations are These children who live at or visit for this important program as part of scheduled to be removed from the Park by drug-production sites or are present its CJS Appropriations bill. But unfor- 2011 and the Island is to be restored to man- during drug production face a variety tunately, the 109th Congress adjourned agement consistent with other National of health and safety risks, including: without passing most of its FY2007 ap- Parks; and inhalation, absorption, or ingestion of (6) there have been recent proposals to re- propriations bills, and the Continuing move Santa Rosa Island from the adminis- toxic chemicals, drugs, or contami- Resolution we passed to keep the gov- tration of the National Park Service or to di- nated foods that may result in nausea, ernment running did not fund this pro- rect the management of the Island in a man- chest pain, eye and tissue irritation, vision either. ner inconsistent with existing legal require- chemical burns, and death; fires and So the bill that I introduce today ments and the sound management of Park explosions; abuse and neglect, and haz- would give the Congress another resources. ardous lifestyles, presence of booby chance to revive this important initia- SEC. 3. MANAGEMENT OF SANTA ROSA ISLAND, traps, firearms, code violations, and tive. And it can’t come too soon for CHANNEL ISLANDS NATIONAL PARK. poor ventilation. (a) IN GENERAL.—Notwithstanding any places like Merced, California, where other provision of law, the Secretary of the Where children are involved, drug lab three-quarters of all foster care cases Interior shall manage Santa Rosa Island, seizures must go beyond the normal re- are reported to be methamphetamine- Channel Islands National Park (referred to sponse from law enforcement, fire and related. in this section as the ‘‘Park’’)— HAZMAT organizations. Additional I urge my colleagues to adopt this (1) in accordance with— agencies and officials often must be legislation and ask unanimous consent (A) the National Park Service Organic Act called in to assist, including emer- that the text of this bill be printed in (16 U.S.C. 1 et seq.); gency medical personnel, social serv- (B) title II of Public Law 96–199 (16 U.S.C. the RECORD. ices, and physicians. There being no objection, the text of 410ff et seq.); and Recognizing this need, the ONDCP (C) any other laws generally applicable to the bill was ordered to be printed in several years ago announced a national units of the National Park System; and the RECORD, as follows: Drug Endangered Children (DEC) ini- (2) in a manner that ensures that— S. 1210 (A) the natural, scenic and cultural re- tiative to assist with coordination be- sources of Santa Rosa Island are protected, tween existing State programs and cre- Be it enacted by the Senate and House of Rep- restored, and interpreted for the public; and resentatives of the United States of America in ate a standardized training program to Congress assembled, (B) visitors to the Park are provided with extend DEC to states where such a pro- SECTION 1. SHORT TITLE. a safe and enjoyable Park experience. gram does not yet exist. This Act may be cited as the ‘‘Drug Endan- (b) CONFORMING AMENDMENT.—Section As a result of this initiative, several 1077(c) of Public Law 109–364 (120 Stat. 2406) is gered Children Act of 2007’’. states developed DEC programs, to co- repealed. SEC. 2. DRUG-ENDANGERED CHILDREN GRANT ordinate the efforts of law enforce- PROGRAM EXTENDED. By Mrs. FEINSTEIN (for herself, ment, medical services, and child wel- Section 755(c) of the USA PATRIOT Im- Mr. GRASSLEY, Mr. KOHL, Mr. fare workers, to ensure that children provement and Reauthorization Act of 2005 FEINGOLD, and Mr. DURBIN): found in these environments receive (42 U.S.C. 3797cc–2(c)) is amended by striking S. 1210. A bill to extend the grant appropriate attention and care. ‘‘fiscal years 2006 and 2007’’ and inserting program for drug-endangered children; These DEC programs began to de- ‘‘fiscal years 2008 and 2009’’. to the Committee on the Judiciary. velop interagency protocols to support Mr. GRASSLEY. Mr. President, I am Mrs. FEINSTEIN. Mr. President, drug-endangered children, addressing pleased to join my colleague today, today I am introducing with Senator issues such as: staff training, including Senator FEINSTEIN, in introducing the GRASSLEY, as well as Senators KOHL, safety and cross training; roles and re- Drug Endangered Children Act (DEC) FEINGOLD and DURBIN as original co- sponsibilities of agencies involved; ap- of 2007. As U.S. Senators representing sponsors, the Drug Endangered Chil- propriate reporting, cross-reporting, States that have been among the hard- dren Act of 2007. This bill would take and information sharing; safety proce- est hit by the scourge of meth, we have an important grant program for drug- dures for children, families, and re- witnessed first hand how this horrible endangered children that Congress au- sponding personnel; interviewing pro- drug has devastated individual lives thorized in the USA PATRIOT Reau- cedures; evidence collection and preser- and families. We have seen the havoc thorization Act, and extend it for two vation procedures, and medical care wreaked on the environment as well as additional years. procedures. the child welfare system and we have In particular, the USA PATRIOT Re- Protocols were designed to identify listened to the horror stories of those authorization Act authorized $20 mil- and provide guidance on the variety of caught in the grips of addiction. lion in Federal grants for fiscal years issues that responding agencies needed Last year we worked together in a bi- 2006 and 2007 to States to assist in the to address in these situations, such as partisan effort to pass the Combat

VerDate Aug 31 2005 03:50 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.091 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5097 Meth Act, which was eventually in- and more are in the process of planning opment may negatively affect the cluded in the USA PATRIOT Act Reau- and setting up programs. gains we have recently made in getting thorization. The result has been a dra- The Drug Endangered Children Act of the word out to our young people about matic decrease in the number of clan- 2007 would re-authorize this important how horrible this drug is. destine meth lab seizures. While this is grant program for an additional 2 years According to the National Survey on certainly welcome news, particularly and assist States in coordinating law Drug Use and Health, the number of for our first responders and local law enforcement, medical services, and people 12 and older who used meth- enforcement community, last year child welfare efforts, to ensure that amphetamine for the first time in the there were over 6,400 clandestine meth children found in such environments previous year decreased from 318,000 lab incidents throughout the country. receive appropriate attention and care. people in 2004 to 192,000 people in 2005. In my home State, we saw a 73 percent I am pleased to join with my colleague That’s the good news. decrease in the number of meth lab in- again as we work together to renew But Deputy Drug Czar Burns warns cidents compared to the previous year this wonderful and worthwhile pro- that with drug dealers having a tough- yet there were still over 300 incidents gram. I ask that my colleagues join us er time selling their product, espe- last year alone. Clearly, the Combat in support of this important legislation cially to young people, ‘‘they have to Meth Act has made progress against lo- and pass the Drug Endangered Children come up with some sort of gimmick.’’ cally produced meth, but further ac- Act of 2007. And that gimmick, he warns, is the use tion is needed to fully combat this epi- of flavored methamphetamine. demic. By Mrs. FEINSTEIN (for herself In my own State of California, San In spite of our success and ongoing and Mr. GRASSLEY): Francisco police since late January efforts to reduce the dangers from S. 1211. A bill to amend the Con- have arrested teens with quantities of ‘‘mom and pop’’ meth labs, new and trolled Substances Act to provide en- meth designed to taste like chocolate. more disturbing instances of meth pro- hanced penalties for marketing con- The Haight-Asbury clinic also confirms duction, trafficking, and abuse are be- trolled substances to minors; to the chocolate-flavored methamphetamine coming more prevalent throughout the Committee on the Judiciary. being used on the streets. country. In the State of Missouri, po- Mrs. FEINSTEIN. Mr. President, Dr. Alex Stalcup, a nationally re- lice recently made seven meth-related today I join with Senator GRASSLEY in nowned drug counselor, reports seeing arrests in just as many hours in the introducing the Saving Kids from Dan- teenage patients at the New Leaf tiny, quiet town of Ozark. The house gerous Drugs Act of 2007. This bill Treatment Center suffering the ill ef- where these arrests were made be- would increase the criminal penalties fects of flavored methamphetamine longed to a 45-year-old grandmother, that apply when criminals market since the first of this year. One of Dr. Stalcup’s patients was un- who was baby sitting her infant grand- their illegal drugs to our children, aware that the substance was meth at son while his mother was away at using appalling techniques like the re- all, and said he was told that it was a school. Upon her arrest she admitted to cently reported sales on our streets of solidified form of the energy drink Red using meth, but denied she was a deal- candy-flavored methamphetamine. Bull. Dr. Stalcup warns that this new er. However, while police searched the In particular, the bill would: double form of the drug also may be more house, six more individuals were the maximum penalties applicable to likely to lead to an overdose, by users picked up on meth-related charges. drug crimes if a criminal defendant who may not be aware of, or who may manufactures, offers, distributes, or When it was all said and done, three underestimate, a candy-flavored drug’s possesses with intent to distribute a children under the age of 3 watched as impact. the police arrested their parent or controlled substance that is flavored, Perhaps the first report of this prob- grandparent for selling or possessing colored, packaged or otherwise altered lem emerged in late January, when a this dangerous drug. in a way that is designed to make it Carson City, Nevada police informant Sadly, this was not an unusual inci- more appealing to a person under the purchased 2 grams of a strawberry-fla- dent. Since 2002, more than 12,000 chil- age of 21; if the violation is a repeat of- vored methamphetamine from an al- dren throughout the country have been fense, the maximum sentence would be leged member of the Lima Street gang. affected, injured, or killed at meth lab tripled; and a mandatory minimum Officers later served a search warrant sites and thousands more have been prison sentence of at least a year would on his home and found more. Police sent to foster homes or were victims of apply in every case involving illegal bulletins warned this ‘‘new type of meth-related abuse in the home. In drugs that targets its marketing at mi- meth will be more attractive to a Iowa, the Department of Health reports nors. younger crowd and may surface in that over 1,000 children over the past 4 The growing problem of marketing schools.’’ years were classified as victims of illegal drugs to minors was highlighted Additional reports also came in. On abuse, and that nearly half of child in a recent USA Today article, entitled February 13, a police officer in Greene abuse cases have been meth-related. ‘‘Flavored Meth Use on the Rise,’’ County, MO, seized a bag of ‘‘straw- Due to the shocking number of chil- which stated, ‘‘Reports of candy-fla- berry meth’’ from a female passenger dren that were being victimized by vored methamphetamine are emerging in a car stopped in a rural area of meth in one form or another, I joined around the nation, stirring concern Greene County, MO. And in Idaho, the my colleagues in supporting the ‘‘Drug among police and abuse prevention ex- Administrator of the Governor’s Office Endangered Children Act of 2005.’’ This perts that drug dealers are marketing of Drug Control Policy warned of how bill which passed into law as part of the drug to younger people.’’ drug dealers were producing ‘‘straw- the USA PATRIOT Act Reauthoriza- Normally, methamphetamine—a berry quick’’ and ‘‘chocolate quick’’ tion, established a national grant pro- highly addictive stimulant—is a brown- forms of meth, to attract young buyers gram to support state Drug Endan- ish, bitter-tasting crystalline powder. and spawn a new generation of drug gered Children programs and to assist But drug dealers, recognizing that this buyers. local law enforcement, medical serv- may not be appealing to children or The Idaho Press-Tribune even re- ices, and child welfare workers to en- teenagers, have reacted by reaching a ported that at Valentine’s Day, drug sure that victimized children would re- new low: they are using candy and soda dealers compressed the flavored form ceive proper attention and treatment flavors to market their meth. of the drug into heart-shapes, colored after living in these terrible environ- Soda flavors. Strawberry meth- it bright pink, and wrapped it in shiny ments. I’m pleased to report that since amphetamine that they market as paper. we implemented this grant program, a ‘‘Strawberry Quick.’’ Reddish meth- Based on intelligence gathered by large number of communities through- amphetamine marketed as an energy Drug Enforcement Administration out the nation have formed multi-dis- drink like ‘‘Red Bull.’’ Even ‘‘chocolate agents from informants, users, police ciplinary alliances for the benefit of quick.’’ and drug counselors, flavored crystals drug-exposed children. There are 16 Scott Burns, Deputy Drug Czar at the are now available in California, Ne- communities throughout Iowa that White House Office of National Drug vada, Washington, Idaho, Texas, New have taken advantage of these grants Control Policy, warns that this devel- Mexico, Missouri and Minnesota.

VerDate Aug 31 2005 03:50 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.094 S25APPT1 hmoore on PRODPC68 with HMSENATE S5098 CONGRESSIONAL RECORD — SENATE April 25, 2007 The bill I offer today would address SEC. 2. SENTENCING ENHANCEMENTS FOR MAR- across the country. While local ‘‘mom this problem, by enacting penalties to KETING CONTROLLED SUBSTANCES and pop’’ meth labs are being disman- TO MINORS. discourage colored and flavored drugs Section 418 of the Controlled Substances tled everywhere, drug dealers continue and the marketing of drugs to minors. Act (21 U.S.C. 859) is amended— to look for new ways to market their Under current law, there is already (1) in the section heading, by adding at the poison. This legislation is intended to an enhanced penalty if someone dis- end the following: ‘‘; MARKETING TO MINORS’’; protect our young people by expanding tributes illegal drugs to a minor. The (2) in subsection (a), by inserting after existing penalties for those marketing maximum sentence is doubled, and tri- ‘‘twenty-one years of age’’ the following: ‘‘, their poison to kids. or who manufactures, creates, distributes, or Currently Federal law enhances Fed- pled for a repeat offense, and there is a possesses with intent to distribute a con- minimum of at least a year in prison. trolled substance that is flavored, colored, eral penalties for selling drugs to any- But the enhancement applies only if packaged, or otherwise altered in a way that one under the age of 21. When a viola- there is an actual distribution to a is designed to make that controlled sub- tion occurs, the Federal penalties are minor. Even possession with intent to stance more appealing to a person under doubled—tripled for a repeat offense— distribute doesn’t qualify. And current twenty-one years of age, or who attempts or and a mandatory minimum of at least law doesn’t address flavored drugs or conspires to do so,’’; and 1 year also applies. However, only the marketing illegal drugs in ways ap- (3) in subsection (b), by inserting after dealer who directly sells drugs to some- ‘‘twenty-one years of age’’ the following: ‘‘, one under 21 is subject to a double sen- pealing to kids. or who manufactures, creates, distributes, or The bill I introduce would fix that. If possesses with intent to distribute a con- tence. someone manufactures, creates, dis- trolled substance that is flavored, colored, The Saving Kids from Dangerous tributes, or possesses with intent to packaged, or otherwise altered in a way that Drugs Act would expand the cir- distribute an illegal drug that is fla- is designed to make that controlled sub- cumstances under which these en- vored, colored, packaged or altered in a stance more appealing to a person under hanced penalties apply. Under our bill, way designed to make it more appeal- twenty-one years of age, or who attempts or the enhanced penalties that already ing to someone under age 21, they conspires to do so,’’. exist would also apply to anyone who would face this same enhanced penalty. Mr. GRASSLEY. Mr. President, I am ‘‘manufactures, creates, distributes, or This bill will send a strong and clear pleased to join my colleague today, possesses with intent to distribute a message to the drug dealers—if you fla- Senator FEINSTEIN, in introducing the controlled substance that is flavored, vor up your drugs or alter them in a Saving Kids from Dangerous Drugs Act colored, packaged or otherwise altered way that makes it more appealing to of 2007. I believe we have a moral obli- in a way that is designed to make it our children, there will be a very heavy gation in this country to ensure our more appealing to a person under 21 price to pay. young people have every opportunity years of age, or who attempts or con- to grow up without being accosted by Flavored meth is designed to get peo- spires to do so.’’ drug pushers at every turn, whether on ple to try it a few times. It’s all about The fight against meth and other TV, in the movies, or on the way to hooking young people. And that is dangerous drugs is and will continue to school. truly tragic. Listen to what one former be an ongoing struggle. We must adapt This important legislation comes in and change our tactics just as the deal- addict wrote after hearing about this response to the recent warnings issued new development: ers, distributors, and pushers have by the Drug Enforcement Administra- changed theirs. We must do all we can They do need to worry about our children tion and the Office of National Drug to protect the most vulnerable among because I happen to know quite a few 10 and Control Policy of candy-flavored meth us and send a clear message to those 12 year olds on up that are already using it and other illegal drugs being colored, and selling it out there. So whoever thinks wishing to prey on our youth. it’s not a threat to our children—WRONG packaged, and flavored in ways that I ask that my colleagues join us in WRONG WRONG! It’s more and more dan- appear to be designed to attract use by support of this important legislation gerous out there when people cannot handle children and minors. As co-chairman of and pass the Drug Endangered Children it and they develop a chemical imbalance the Senate Caucus on International Act of 2007. and lose their mind to where they don’t even Narcotics Control, I can tell you that know who they are anymore. I happen to the most at-risk population for drug By Ms. MIKULSKI (for herself, know a very, very young pretty girl I’ve met, abuse is our young people. Research Ms. STABENOW, Mr. INOUYE, Ms. and she will never come back to who she has shown time and again that if you CANTWELL, and Mrs. MURRAY): was. She’s gone. She is crazy and is gonna S. 1212. A bill to amend title XVIII of end up hurt then dead one of these days. I can keep a child drug-free until they pray for this girl all the time . . . turn 20, chances are very slim that the Social Security Act to permit di- they will ever try or become addicted. rect payment under the Medicare pro- Estimates now place the number of Unfortunately, unscrupulous drug deal- gram for clinical social worker services habitual meth users worldwide at 26 ers are all too aware of statistics like provided to residents of skilled nursing million worldwide—more than the these and have developed new tech- facilities; to the Committee on Fi- combined total for heroin and cocaine. niques and marketing gimmicks to nance. It is extraordinarily addictive. We lure in younger users. As a parent and Ms. MIKULSI. Mr. President, ac- must act to preserve the gains we have now grandparent, this is extremely knowledging the social workers’ pres- made, and keep kids from getting cru- worrisome. ence on Capitol Hill this week for their elly tricked into an addiction they may Last year, we worked to pass the Annual Leadership Meeting Lobby never break. Combat Meth Act into law. Since that Day, I rise today to introduce the These new penalties will make deal- time, the number of clandestine meth ‘‘Clinical Social Work Medicare Equity ers think twice before flavoring up lab seizures have dropped dramatically Act of 2007.’’ I am proud to sponsor this their drugs, and punish them appro- across the country. By placing the es- legislation that will ensure clinical so- priately if they don’t. I urge my col- sential ingredient pseudoephedrine be- cial workers receive Medicare reim- leagues to support this legislation and hind the counter, we have lifted a bursements for the mental health serv- ask unanimous consent that the text of heavy burden from the shoulders of our ices they provide in skilled nursing fa- the bill be printed in the RECORD. local law enforcement and made our cilities. Under the current system, so- There being no objection, the text of communities a safer place to live and cial workers are not paid for the serv- the bill was ordered to be printed in raise a family. In my home State of ices they provide. Psychologists and the RECORD, as follows: Iowa alone, the number of seizures fell psychiatrists, who provide similar S. 1211 a remarkable 73 percent since the sale counseling, are able to separately bill Be it enacted by the Senate and House of Rep- of pseudoephearine was restricted. But Medicare for their services. resentatives of the United States of America in as anyone can tell you, we have a long Since my first days in Congress, I Congress assembled, way to go. have been fighting to protect and SECTION 1. SHORT TITLE. Despite our best efforts and recent strengthen the safety of our Nation’s This Act may be cited as the ‘‘Saving Kids success, meth continues to wreak seniors. Making sure that seniors have from Dangerous Drugs Act of 2007’’. havoc on families and communities access to quality, affordable mental

VerDate Aug 31 2005 03:50 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.063 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5099 health care is an important part of this social workers are treated fairly and SNFs. Your legislation will improve care for fight. I know that millions of seniors equitably for the care they provide. SNF residents by restoring Medicare pay- do not have access to, or are not re- This bill is about more than paper- ments for specialized clinical social work ceiving, the mental health services services rendered to SNF patients. work and payment procedures. This Your tireless efforts on behalf of con- they urgently need. Nearly 6 million bill is about equal access to Medicare sumers of mental health services and profes- seniors are affected by depression, but payments for the equal and important sional social workers nationwide are greatly only one-tenth ever receive treatment. work done by clinical social workers. It appreciated by our members. We thank you According to the American Psychiatric is about making sure our Nation’s for your strong interest in and commitment Association, up to 25 percent of the el- most vulnerable citizens have access to to these important issues as demonstrated derly population in the United States quality, affordable mental health care. by your sponsorship of the Clinical Socia1 suffers from significant symptoms of The overarching goal we should be Work Medicare Equity Act. NASW looks for- ward to working with you on this and future mental illness and among nursing striving to achieve for our seniors is an home residents the prevalence is as issues of mutual concern. overall improved quality of life. With- Sincerely, high as 80 percent. These mental dis- out clinical social workers, many nurs- ELIZABETH J. CLARK, orders, which include severe depression ing home residents may never get the Executive Director. and debilitating anxiety, interfere with counseling they need when faced with a the person’s ability to carry out activi- life threatening illness or the loss of a By Mr. KERRY (for himself and ties of daily living and adversely affect loved one. I think we can do better by Ms. SNOWE): their quality of life. Furthermore, our Nation’s seniors, and I’m fighting S. 1214. A bill to amend the Internal older people have a 20 percent suicide to make sure we do. Revenue Code of 1986 to modify the par- rate, the highest of any age group. The Clinical Social Work Medicare tial exclusion for gain from certain Every year nearly 6,000 older Ameri- Equity Act of 2007 is strongly sup- small business stocks; to the Com- cans kill themselves. This is unaccept- ported by the National Association of mittee on Finance. able and must be addressed. Social Workers. I also want to thank Mr. KERRY. Mr. President, this week As a former social worker, I under- Senators STABENOW and INOUYE for we are celebrating National Small stand the role social workers play in their co-sponsorship of this bill. I look Business Week to recognize the con- the overall care of patients and seniors. forward to working with my colleagues tributions made by small businesses, This bill protects patients across the to enact this important legislation. which are the engine of our economic country and ensures that seniors living I ask unanimous consent that a let- growth. During 2005, more than 25 bil- in underserved urban and rural areas, ter of support be printed in the lion small businesses in the United where clinical social workers are often RECORD. States contributed $918 billion to the the only available option for mental There being no objection, the letter economy. health care, continue to receive the was ordered to be printed in the Many of our most successful corpora- treatment they need. Clinical social RECORD, as follows: tions started as small businesses, in- workers, much like psychologists and NATIONAL ASSOCIATION cluding AOL, Apple Computer, Compac psychiatrists, treat and diagnose men- OF SOCIAL WORKERS, Computer, Datastream, Evergreen tal illnesses. In fact, clinical social Washington, DC, April 25, 2007. Solar, Intel Corporations, and Sun workers are the primary mental health Senator BARBARA MIKULSKI, Microsystems. As you can see from this providers for nursing home residents Washington, DC. partial list, many of these companies and seniors residing in rural environ- DEAR SENATOR MIKULSKI: I am writing on played an integral role in making the ments. Unlike other mental health pro- behalf of the National Association of Social Workers (NASW), the largest professional so- Internet a reality. viders, clinical social workers cannot cial work organization in the world with Today, Senator SNOWE and I are in- bill Medicare directly for the impor- 150,000 members nationwide. NASW pro- troducing the Invest in Small Business tant services they provide to their pa- motes, develops, and protects the effective Act of 2007, to encourage private in- tients. Protecting seniors’ access to practice of social work services. NASW vestment in small businesses by mak- clinical social workers ensures that our strongly supports the Clinical Social Work ing changes to the existing partial ex- most vulnerable citizens get the qual- Medicare Equity Act of 2007, which will im- clusion for gain from certain small ity, affordable mental health care they prove mental health care to nursing home business stock. need. This bill will correct this in- residents and end the unfair treatment of We are at an integral juncture in de- clinical social workers under the Medicare equity and make sure clinical social Prospective Payment System (PPS) for veloping technology to address global workers get the payments and respect Skilled Nursing Facilities (SNFs). climate change. I believe that small they deserve. The Balanced Budget Act of 1997 author- business will repeat the role it played Before the Balanced Budget Act of ized the creation of the PPS, under which at the vanguard of the computer revo- 1997, clinical social workers billed the cost of a variety of routine services pro- lution by leading the Nation in devel- Medicare Part B directly for mental vided to SNF patients is bundled into a sin- oping the technologies to substantially health services they provided in nurs- gle amount. Prior to adoption of the PPS, a reduce carbon emissions. Small busi- ing facilities for each patient they separate Medicare claim was filed by pro- nesses already are at the forefront of served. Under the Prospective Payment viders for individual services rendered to a patient. However, Congress recognized that these industries, and we need to do ev- System, services provided by clinical some services, such as mental health and an- erything we can to encourage invest- social workers are lumped, or ‘‘bun- esthesia, are provided on an individual as- ment in small businesses. dled,’’ along with the services of other needed basis rather than as part of the bun- Back in 1993, I worked with Senator health care providers for the purposes dle of services. Thus, the following types of Bumpers to provide a partial exclusion of billing and payments. Psychologists providers were excluded from the PPS: phy- for gain from the sale of small business and psychiatrists, who provide similar sicians, clinical psychologists, certified stock. This provision would provide a counseling, were exempted from this nurse-midwives, and certified registered 50 percent exclusion for gain for indi- system and continue to bill Medicare nurse anesthetists. Unfortunately, due to an viduals from the sale of certain small oversight during the drafting process, clin- directly. This bill would exempt clin- ical social workers were not listed among business stock that is held for five ical social workers, like their mental the PPS excluded providers. years. Since the enactment of this pro- health colleagues, from the Prospec- In 1996, the DHHS Inspector General issued vision, the capital gains rate has been tive Payment System, and would make a report entitled ‘‘Mental Health Services in lowered twice without any changes to sure that clinical social workers are Nursing Facilities,’’ which described the the exclusion. Due to the lower capital paid for the services they provide to types of mental health services provided in rates, this provision no longer provides patients in skilled nursing facilities. nursing facilities and identified their poten- a strong incentive for investment in The Medicare, Medicaid, and SCHIP tial vulnerabilities. One critical finding of small businesses. the report was that 70 percent of respondents Benefits Improvement and Protection stated that permitting clinical social work- The Invest in Small Business Act Act addressed some of these concerns, ers and clinical psychologists to bill Medi- makes several changes to the existing but this legislation would remove the care independently had a beneficial effect on provision. This legislation increases final barrier to ensuring that clinical the provision of mental health services in the exclusion amount from 50 percent

VerDate Aug 31 2005 04:25 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.083 S25APPT1 hmoore on PRODPC68 with HMSENATE S5100 CONGRESSIONAL RECORD — SENATE April 25, 2007 to 75 percent and decreases the holding ‘‘(i) ‘more than 25 percent’ shall be sub- SUMMARY OF THE INVEST IN SMALL BUSINESS period from five years to four years. stituted for ‘at least 80 percent’ each place it ACT OF 2007 This bill would allow corporations to appears in section 1563(a)(1), and The Omnibus Budget Reconciliation Act of benefit from the provision as long as ‘‘(ii) section 1563(a)(4) shall not apply.’’. 1993 included a provision to encourage in- they own less than 25 percent of the (4) CONFORMING AMENDMENTS.—Subsections vestment in small businesses. This provision (b)(2), (g)(2)(A), and (j)(1)(A) of section 1202 of small business corporation stock. created section 1202 of the tax code which such Code are each amended by striking ‘‘5 Currently, the exclusion is treated as provides a 50 percent exclusion for the gain years’’ and inserting ‘‘4 years’’. from the sale of certain small business stock a preference item for calculating the (b) REPEAL OF MINIMUM TAX PREFERENCE.— held for more than five years. The amount of alternative minimum tax (AMT). The gain eligible for the exclusion is limited to (1) IN GENERAL.—Subsection (a) of section Invest in Small Business Act of 2007 the greater of 10 times the taxpayer’s basis would repeal the exclusion as an AMT 57 of the Internal Revenue Code of 1986 (re- lating to items of tax preference) is amended in the stock, or $10 million gain from stock in that small business corporation. This pro- preference item. Under current law, the by striking paragraph (7). vision is limited to individual investments nonexcluded amount of gain is taxed at (2) TECHNICAL AMENDMENT.—Subclause (II) and not the investments of a corporation. At 28 percent. This legislation would tax of section 53(d)(1)(B)(ii) of such Code is the date of the issuance of the stock, the the nonexcluded portion at the lower amended by striking ‘‘, (5), and (7)’’ and in- gross assets of the corporation cannot exceed capital gains rate of 15 or 5 percent. serting ‘‘and (5)’’. The Invest in Small Business Act of $50 million. At least 80 percent of the assets (c) REPEAL OF 28 PERCENT CAPITAL GAINS of the corporation are used for the active 2007 will provide an effective tax rate of RATE ON QUALIFIED SMALL BUSINESS STOCK.— conduct of business. For purposes of calcu- 3.75 percent for the gain from the sale (1) IN GENERAL.—Subparagraph (A) of sec- lating the alternative minimum tax (AMT), of certain small businesses. This lower tion 1(h)(4) of the Internal Revenue Code of seven percent of the excluded amount is capital gains rate will encourage in- 1986 is amended to read as follows: added back into the AMT calculation. The vestment in small businesses. In addi- ‘‘(A) collectibles gain, over’’. nonexcluded portion of section 1202 gain is tion, the changes made by the Invest in (2) CONFORMING AMENDMENTS.— taxed at the lesser of ordinary income rates Small Business Act of 2007 will make (A) Section 1(h) of such Code is amended by or 28 percent, instead of the lower capital more taxpayers eligible for this provi- striking paragraph (7). gains rates for individuals. Since the enact- (B)(i) Section 1(h) of such Code is amended ment of this provision, the capital gains rate sion. has been lowered twice. No corresponding As we celebrate the success of entre- by redesignating paragraphs (8), (9), (10), (11), (12), and (13) as paragraphs (7), (8), (9), (10), changes were made to section 1202. preneurs this week, it is an appropriate The Invest in Small Business Act of 2007 time to encourage new investment. The (11), and (12), respectively. (ii) Sections 163(d)(4)(B), 854(b)(5), makes the following changes to section 1202 Invest in Small Business Act of 2007 857(c)(2)(D) of such Code are each amended to encourage more investment in small busi- nesses. strengthens an existing tax incentive by striking ‘‘section 1(h)(11)(B)’’ and insert- Increases the exclusion from 50 percent to to provide an appropriate incentive to ing ‘‘section 1(h)(10)(B)’’. encourage innovation and entrepre- 75 percent. (iii) The following sections of such Code Decreases the holding period from five to neurship. are each amended by striking ‘‘section I ask unanimous consent that the four years. 1(h)(11)’’ and inserting ‘‘section 1(h)(10)’’: Repeals the capital gains exclusions as an text of the bill and a summary of the (I) Section 301(f)(4). AMT preference. bill be printed in the RECORD (II) Section 306(a)(1)(D). Taxes the nonexcluded portion of section There being no objection, the mate- (III) Section 584(c). 1202 gains at the regular capital gains rate, rial was ordered to be printed in the (IV) Section702(a)(5). which is currently 15 percent or 5 percent for RECORD, as follows: (V) Section 854(a). individual taxpayers. S. 1214 (VI) Section 854(b)(2). Allows corporations the benefits of section (iv) The heading of section 857(c)(2) is Be it enacted by the Senate and House of Rep- 1202, but to be eligible, a corporation cannot amended by striking ‘‘1(h)(11)’’ and inserting resentatives of the United States of America in hold more than 25 percent of the stock of a ‘‘1(h)(10)’’. Congress assembled, qualified small business. Provides a 100 percent exclusion for gain SECTION 1. SHORT TITLE. (d) INCREASE AGGREGATE ASSET LIMITATION from the sale of small business stock of cor- This Act may be cited as the ‘‘Invest in FOR QUALIFIED SMALL BUSINESSES.— porations located in an empowerment zone. Small Business Act of 2007’’. (1) IN GENERAL.—Paragraph (1) of section Increases the asset limitation from $50 mil- 1202(d) of the Internal Revenue Code of 1986 SEC. 2. INCREASED EXCLUSION AND OTHER lion to $100 million. MODIFICATIONS APPLICABLE TO (relating to qualified small business) is QUALIFIED SMALL BUSINESS STOCK. Below are calculations based on $100 of amended by striking ‘‘$50,000,000’’ each place gain calculated under current law and under (a) INCREASED EXCLUSION.— it appears and inserting ‘‘$100,000,000’’. the Invest in Small Business Act of 2007. (1) IN GENERAL.—Paragraph (1) of section (2) INFLATION ADJUSTMENT.—Section 1202(d) Under the present law, calculations for the 1202(a) of the Internal Revenue Code of 1986 of such Code is amended by adding at the end (relating partial exclusion for gain from cer- remaining $50 would be taxed at 28 percent the following new paragraph: and result in a tax of $14 for a regular tax- tain small business stock) is amended to ‘‘(4) INFLATION ADJUSTMENT.— read as follows: payer and $14.98 of tax for an AMT taxpayer. ‘‘(A) IN GENERAL.—In the case of any tax- (This calculation is based on a taxpayer pay- ‘‘(1) IN GENERAL.—Gross income shall not able year beginning in a calendar year after ing the 28 percent AMT rate.) include 75 percent of any gain from the sale 2007, each of the $100,000,000 dollar amounts PRESENT LAW or exchange of qualified small business stock in paragraph (1) shall be increased by an held for more than 4 years.’’. amount equal to— Regular Tax Calculation: (2) EMPOWERMENT ZONE BUSINESSES.—Sub- ‘‘(i) such dollar amount, multiplied by Gain ...... $100 ¥ paragraph (A) of section 1202(a)(2) of such ‘‘(ii) the cost-of-living adjustment deter- Exclusion ...... 50 × Code is amended— mined under section 1(f)(3) for the calendar Regular Tax Rate ...... 0.28 (A) by striking ‘‘60 percent’’ and inserting year in which the taxable year begins, deter- Total Regular Tax ...... $14 ‘‘100 percent’’, and mined by substituting ‘calendar year 2006’ (B) by striking ‘‘50 percent’’ and inserting AMT Tax Calculation for ‘calendar year 1992’ in subparagraph (B) Excluded amount ...... $50 ‘‘75 percent’’. thereof. (3) RULE RELATING TO STOCK HELD AMONG AMT preference rate ...... × .07 ‘‘(B) ROUNDING.—If any amount as adjusted MEMBERS OF CONTROLLED GROUP.—Subsection AMT preference ...... 3.5 under subparagraph (A) is not a multiple of (c) of section 1202 of such Code is amended by AMT taxable income ...... 53.5 $1,000, such amount shall be rounded to the adding at the end the following new para- (regular income plus preference) next lowest multiple of $100.’’. × graph: AMT rate ...... 0.28 ‘‘(4) STOCK HELD AMONG MEMBERS OF 25-PER- (e) EFFECTIVE DATE.— Total AMT ...... $14.98 CENT CONTROLLED GROUP NOT ELIGIBLE.— (1) IN GENERAL.—The amendments made by ‘‘(A) IN GENERAL.—Stock of a member of a this section apply to stock issued after De- INVEST IN SMALL BUSINESS ACT OF 2007 25-percent controlled group shall not be cember 31, 2007. There is only one calculation under this treated as qualified small business stock (2) SPECIAL RULE FOR STOCK ISSUED BEFORE legislation for individual taxpayers because while held by another member of such group. DECEMBER 31, 2007.—The amendments made by section 1202 gain is no longer a preference ‘‘(B) 25-PERCENT CONTROLLED GROUP.—For subsections (a), (b), and (c) shall apply to item under the AMT. The total amount of purposes of subparagraph (A), the term ‘25- sales or exchanges— tax on $100 of gain is $3.75 and this represents percent controlled group’ means any con- (A) made after December 31, 2007, an effective tax rate of 3.75 percent. Under trolled group of corporations as defined in (B) of stock issued before such date, the changes made by the Invest in Small section 1563(a)(1), except that— (C) by a taxpayer other than a corporation. Business Act of 2007, the tax on capital gains

VerDate Aug 31 2005 03:50 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\G25AP6.082 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5101 of the sale of qualified small business stock S. 1216 payers in their communities. I encour- is 3.75 percent, instead of 14 percent for indi- Be it enacted by the Senate and House of Rep- age all of my colleagues to work with vidual taxpayers. Corporate taxpayers would resentatives of the United States of America in us to pass this legislation before the have an effective tax rate of 8.75 percent in- Congress assembled, next filing season begins. stead of 35 percent. SECTION 1. SHORT TITLE. The first section of the Taxpayer Tax Calculation Individual Tax- This Act may be cited as the ‘‘Laser Visa Protection and Assistance Act would payer: Extension Act of 2007’’. Gain ...... $100 create a $10 million matching grant ¥ SEC. 2. TRAVEL PRIVILEGES FOR CERTAIN TEM- program for lower income tax prepara- Excluded Amount ...... 75 PORARY VISITORS FROM MEXICO. Capital Gains Tax Rate ...... × 0.15 tion clinics much like the program we (a) IN GENERAL.—Except as provided in subsection (b), the Secretary of Homeland currently have in place for tax con- Total Tax ...... $3.75 troversies. I have seen first hand the Tax Calculation Corporate Tax- Security shall permit a national of Mexico payer: to travel up to 100 miles from the inter- impact free tax preparation clinics can Gain ...... $100 national border between Mexico and the have on taxpayers and their commu- Excluded Amount ...... ¥75 State of New Mexico if such national— nities, as we are fortunate to have one Capital Gains Tax Rate ...... × 0.35 (1) possesses a valid machine-readable bio- of the best State-wide programs in the metric border crossing identification card Nation in New Mexico. Tax Help New Total Tax ...... $8.75 issued by a consular officer of the Depart- Mexico, which has been in operation ment of State; for many years, helped over 20,000 New By Mr. DOMENICI (for himself (2) enters the State of New Mexico through and Mr. BINGAMAN): a port of entry where such card is processed Mexicans prepare and file their returns S. 1216. A bill to allow certain nation- using a machine reader; last year, resulting in over $20 million als of Mexico entering the State of New (3) has successfully completed any back- in refunds—all without refund antici- Mexico on a temporary basis to travel ground check required by the Secretary for pation loans. This program has turned up to 100 miles from the international such travel; and into one of the best delivery mecha- border between the State of New Mex- (4) is admitted into the United States as a nisms for public assistance I have seen nonimmigrant under section 101(a)(15)(B) of ico and Mexico, and for other purposes; in the State and has been fortunate the Immigration and Nationality Act (8 enough to receive additional funding to the Committee on the Judiciary. U.S.C. 1101(a)(15)(B)). Mr. DOMENICI. Mr. President, I rise (b) EXCEPTION.—On a case-by-case basis, from the Annie E. Casey Foundation today with Senator BINGAMAN to intro- the Secretary of Homeland Security may and the McCune Foundation. In order duce a bill of importance to the eco- limit the travel of a national of Mexico who to continue to grow, though, we need nomic development of our Southwest meets the requirements of paragraphs (1) to do our part in Congress and give border States, the Laser Visa Exten- through (4) of subsection (a) to a distance of them matching funding so they can sion Act of 2007. less than 100 miles from the international continue their outreach into new com- The United States and Mexico have border between Mexico and the State of New munities in need of assistance. Mexico if the Secretary determines that the The second set of provisions con- had special travel rules for Mexican na- national was previously admitted into the tionals who visit our country for short United States as a nonimmigrant and vio- tained in this legislation would ensure periods of time since 1953. These visi- lated the terms and conditions of the nation- that when taxpayers hire someone to tors can come into our country with a al’s nonimmigrant status. help them with their tax returns they document known as a ‘‘laser visa’’ or can be sure that the person is com- ‘‘border crossing card’’, which is an al- By Mr. BINGAMAN (for himself, petent and professional. The first part ternative to a passport and must be ob- Mr. SMITH, Mr. KERRY, Mr. of the bill makes sure that an enrolled tained from the U.S. government. In AKAKA, Mr. DURBIN, and Mr. agent, a tax professional licensed to the 1990s, the rule was that anyone who LIEBERMAN): practice before the IRS, shall have the held such a document could travel up S. 1219. A bill to amend the Internal exclusive right to describe him or her- to 25 miles from the Mexico/U.S. bor- Revenue Code of 1986 to provide tax- self as an ‘‘enrolled agent,’’ ‘‘EA,’’ or der. payer protection and assistance, and ‘‘E.A.’’ In New Mexico, enrolled agents In 1999, Arizona and the Border Trade for other purposes; to the Committee play an important role in helping tax- Alliance mounted a successful cam- on Finance. payers with problems with the IRS and paign to extend the mileage limit in Mr. BINGAMAN. Mr. President, I rise with preparing their returns. Enrolled Arizona to 75 miles because there is no today to introduce the ‘‘Taxpayer Pro- agents have earned the right to use large town within 25 miles of the Ari- tection and Assistance Act of 2007’’ their credentials. Furthermore, we zona/Mexico border, so Arizona wasn’t with Senators SMITH, AKAKA, DURBIN, should protect the credentials of those getting the economic benefits of these KERRY, and LIEBERMAN. My colleagues who have taken the rigorous exams and travelers. may recall that similar legislation, S. have experience in tax preparation Similarly, there is no large town 832, was introduced last Congress and rather than allow others to confuse the within 25 miles of the New Mexico/Mex- ultimately reported out of the Finance public into thinking they too have the ico border, so my constituents do not Committee last year but unfortunately same credentials. get the economic benefits of laser visa it never made it to the floor of the Sen- The next part of the bill requires the travelers. This disparity needs to be ate. This Congress, the House has al- Secretary of the Treasury to determine corrected. Moreover, all four South- ready passed taxpayer rights legisla- what standards need to be met in order west border States should see the same tion which makes me optimistic that for a person to prepare tax returns benefits of laser visa travelers. many of these long overdue reforms commercially. Like all other tax pro- Therefore, the bill I am introducing may finally become law. fessionals, this will require people who today extends the distance laser visa This Act is a combination of a vari- make a living preparing tax returns to holders can travel into the United ety of well-vetted provisions that will pass a minimum competency exam and States to 100 miles, regardless of which ensure that our Nation’s taxpayers are take brush up courses each year to State they are in. Such an extension better able to prepare and file their tax keep up to date with changes in tax will allow more towns in all four of our returns each year in a fashion that is law. The majority of tax return pre- Southwest border States to reap the fair, reasonable and affordable. As long parers already meet these standards, economic benefits of short-term visi- as we continue to require taxpayers to including many who have received cre- tors to our country who hold a travel determine their own tax liability, Con- dentials from the State or from a na- document issued by our Federal Gov- gress has a responsibility to ensure tionally recognized association of ac- ernment. that we do not leave taxpayers vulner- countants or tax return preparers. We I ask unanimous consent that the able to abuses from those provide specific authority to the Sec- text of the bill be printed in the masquerading as tax professionals. The retary to determine whether people RECORD. current environment is bad for every- who have already taken a written pro- There being no objection, the mate- one including the majority of tax re- ficiency exam as part of some other tax rial was ordered to be printed in the turn preparers who provide profes- return credentialing will need to take RECORD, as follows: sional and much needed services to tax- the new exam. The Secretary will be

VerDate Aug 31 2005 03:50 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.103 S25APPT1 hmoore on PRODPC68 with HMSENATE S5102 CONGRESSIONAL RECORD — SENATE April 25, 2007 able to exercise these authorizations compromises. The other clarifies that 529(e)(5)) which satisfies the requirements of only after thorough review of the spe- the Secretary of the Treasury has the paragraph (1) through student assistance of cific examination and only for those authority to take into account a tax- taxpayers in return preparation and filing, examinations subsequently determined payers specific facts and circumstances and when evaluating an offer in com- ‘‘(B) an organization described in section to be comparable. In that light, we 501(c) and exempt from tax under section urge the Secretary to exercise his au- promise. Both of these provisions are 501(a) which satisfies the requirements of thority in this area in a manner con- the result of bipartisan negotiations paragraph (1). sistent with the goal of protecting tax- and are an improvement to our tax sys- ‘‘(c) SPECIAL RULES AND LIMITATIONS.— payers through ensuring the com- tem. ‘‘(1) AGGREGATE LIMITATION.—Unless other- petency of enrolled preparers. The I hope my colleagues will join with wise provided by specific appropriation, the Treasury Department will also be re- me and the cosponsors of this bill to Secretary shall not allocate more than quired to operate a public awareness pass this important legislation. Our $10,000,000 per year (exclusive of costs of ad- campaign so that taxpayers will know voluntary tax system is dependent on ministering the program) to grants under taxpayers being able to receive the best this section. that they need to check to be sure that ‘‘(2) OTHER APPLICABLE RULES.—Rules simi- someone preparing their tax returns advice and assistance possible. We have lar to the rules under paragraphs (2) through for a fee is qualified. a responsibility to our Nation’s tax- (7) of section 7526(c) shall apply with respect The fourth set of provisions would di- payers to make sure that they do re- to the awarding of grants to qualified return rectly address the problems with re- ceive such advice and assistance. This preparation clinics.’’. fund anticipation loans (RALs)—a bill goes a long way toward that goal. (2) CLERICAL AMENDMENT.—The table of problem throughout the country, but I ask unanimous consent that the sections for chapter 77 is amended by insert- one that is particularly troublesome in text of the bill be printed in the ing after the item relating to section 7526 the New Mexico. First, this bill requires re- RECORD. following new item: fund loan facilitators to register with There being no objection, the text of ‘‘Sec. 7526A. Return preparation clinics for low-income taxpayers.’’. the Treasury Department. Refund loan the bill was ordered to be printed in facilitators are those people who so- the RECORD, as follows: (b) GRANTS FOR TAXPAYER REPRESENTATION AND ASSISTANCE CLINICS.— licit, process, or otherwise facilitate S. 1219 Be it enacted by the Senate and House of Rep- (1) INCREASE IN AUTHORIZED GRANTS.—Sec- the making of a refund anticipation tion 7526(c)(1) (relating to aggregate limita- loan in relation to a tax return being resentatives of the United States of America in Congress assembled, tion) is amended by striking ‘‘$6,000,000’’ and electronically filed. The legislation inserting ‘‘$10,000,000’’. SECTION 1. SHORT TITLE; AMENDMENT OF 1986 also requires these refund loan CODE. (2) USE OF GRANTS FOR OVERHEAD EXPENSES facilitators to properly disclose to tax- (a) SHORT TITLE.—This Act may be cited as PROHIBITED.— payers that they do not have to get a the ‘‘Taxpayer Protection and Assistance (A) IN GENERAL.—Section 7526(c) (relating RAL in order to file their return elec- Act of 2007’’. to special rules and limitations) is amended by adding at the end the following new para- tronically, as well as clearly disclose (b) AMENDMENT OF 1986 CODE.—Except as otherwise expressly provided, whenever in graph: what all the costs involved with the this Act an amendment or repeal is ex- ‘‘(6) USE OF GRANTS FOR OVERHEAD EX- loan. Finally, the refund loan pressed in terms of an amendment to, or re- PENSES PROHIBITED.—No grant made under facilitators must disclose to taxpayers peal of, a section or other provision, the ref- this section may be used for the overhead ex- when the loans would allow their re- erence shall be considered to be made to a penses of any clinic or of any institution funds to be offset by the amount of the section or other provision of the Internal sponsoring such clinic.’’. loan. Much like the public awareness Revenue Code of 1986. (B) CONFORMING AMENDMENTS.—Section campaign for advertising the creden- SEC. 2. LOW-INCOME TAXPAYER CLINICS. 7526(c)(5) is amended— (i) by inserting ‘‘qualified’’ before ‘‘low-in- tials required for preparing Federal tax (a) GRANTS FOR RETURN PREPARATION CLIN- ICS.— come’’, and returns, the Act requires the Treasury (1) IN GENERAL.—Chapter 77 (relating to (ii) by striking the last sentence. Department to operate a program to miscellaneous provisions) is amended by in- (3) PROMOTION OF CLINICS.—Section 7526(c), educate the public on the real costs of serting after section 7526 the following new as amended by paragraph (2), is amended by RALs as compared to other forms of section: adding at the end the following new para- credit. This program will be funded, at ‘‘SEC. 7526A. RETURN PREPARATION CLINICS graph: least in part, by amounts collected FOR LOW-INCOME TAXPAYERS. ‘‘(7) PROMOTION OF CLINICS.—The Secretary from penalties imposed on refund loan ‘‘(a) IN GENERAL.—The Secretary may, sub- is authorized to promote the benefits of and ject to the availability of appropriated encourage the use of low-income taxpayer facilitators who have broken the law. funds, make grants to provide matching clinics through the use of mass communica- The next section of the bill is an funds for the development, expansion, or tions, referrals, and other means.’’. issue that my colleague from Hawaii, continuation of qualified return preparation (c) EFFECTIVE DATE.—The amendments Senator AKAKA, has been actively clinics. made by this section shall apply to grants working on for the last several years. ‘‘(b) DEFINITIONS.—For purposes of this sec- made after the date of the enactment of this This provision would authorize the tion— Act. Treasury Department to award grants ‘‘(1) QUALIFIED RETURN PREPARATION CLIN- SEC. 3. CLARIFICATION OF ENROLLED AGENT to financial institutions or charitable IC.— CREDENTIALS. ‘‘(A) IN GENERAL.—The term ‘qualified re- groups that help low income taxpayers Section 330 of title 31, United States Code, turn preparation clinic’ means a clinic is amended— set up accounts at a bank or credit which— (1) by redesignating subsections (b) and (c) union. Because many taxpayers do not ‘‘(i) does not charge more than a nominal as subsections (c) and (d), respectively, and have checking or savings accounts, fee for its services (except for reimbursement (2) by inserting after subsection (a) the fol- their refunds from IRS cannot be elec- of actual costs incurred), and lowing new subsection: tronically wired to them. The alter- ‘‘(ii) operates programs which assist low- ‘‘(b) Any enrolled agents properly licensed native is to have the check mailed to income taxpayers, including individuals for to practice as required under rules promul- the taxpayer or to have the refund im- whom English is a second language, in pre- gated under subsection (a) shall be allowed paring and filing their Federal income tax to use the credentials or designation as ‘en- mediately loaned to the taxpayer in returns, including schedules reporting sole rolled agent’, ‘EA’, or ‘E.A.’.’’. the form of a RAL. Of course, getting proprietorship or farm income. SEC. 4. REGULATION OF FEDERAL TAX RETURN people to set up a checking or savings ‘‘(B) ASSISTANCE TO LOW-INCOME TAX- PREPARERS. account for purposes of receiving their PAYERS.—A clinic is treated as assisting low- (a) AUTHORIZATION.—Section 330(a)(1) of tax refund will also have the benefits of income taxpayers under subparagraph (A)(ii) title 31, United States Code, is amended by getting many of these people to start if at least 90 percent of the taxpayers as- inserting ‘‘(including compensated preparers saving for the first time. sisted by the clinic have incomes which do of Federal tax returns, documents, and other Finally, we have added two new pro- not exceed 250 percent of the poverty level, submissions)’’ after ‘‘representatives’’. visions to clarify existing law. The as determined in accordance with criteria es- (b) REQUIREMENT.— tablished by the Director of the Office of (1) IN GENERAL.—Not later than 1 year after first clarifies that the National Tax- Management and Budget. the date of the enactment of this Act, the payer Advocate has the authority to ‘‘(2) CLINIC.—The term ‘clinic’ includes— Secretary of the Treasury shall prescribe issue taxpayer assistance orders in ‘‘(A) a clinical program at an eligible edu- regulations under section 330 of title 31, cases involving closing agreements and cational institution (as defined in section United States Code—

VerDate Aug 31 2005 03:50 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.104 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5103 (A) to regulate those compensated pre- as the ‘Director, Office of Professional Re- sponding to or defending an audit by the In- parers not otherwise regulated under regula- sponsibility’. The Director, Office of Profes- ternal Revenue Service.’’. tions promulgated under such section on the sional Responsibility, shall report directly to (e) PENALTIES.— date of the enactment of this Act, and the Commissioner of Internal Revenue and (1) INCREASE IN CERTAIN PENALTIES.—Sub- (B) to carry out the provisions of, and shall be entitled to compensation at the sections (a), (b), and (c) of section 6695 (relat- amendments made by, this section. same rate as the highest rate of basic pay es- ing to other assessable penalties with respect (2) EXAMINATION.— tablished for the Senior Executive Service to the preparation of income tax returns for (A) IN GENERAL.—In promulgating the reg- under section 5382 of title 5, or, if the Sec- other persons) are each amended by striking ulations under paragraph (1), the Secretary retary of the Treasury so determines, at a ‘‘a penalty of $50’’ and all that follows and shall develop (or approve) and administer an rate fixed under section 9503 of such title. inserting ‘‘a penalty equal to— eligibility examination designed to test— ‘‘(B) APPOINTMENT.—The Director, Office of ‘‘(1) $1,000, or (i) the technical knowledge and com- Professional Responsibility, shall be ap- ‘‘(2) in the case of 3 or more such failures petency of each preparer described in para- pointed by the Secretary of the Treasury in a calendar year, $500 for each such failure. graph (1)(A)— without regard to the provisions of title 5 re- The preceding sentence shall not apply with (I) to prepare Federal tax returns, includ- lating to appointments in the competitive respect to any failure if such failure is due to ing individual and business income tax re- service or the Senior Executive Service. reasonable cause and not due to willful ne- turns, and ‘‘(3) HEARING.—Any hearing on an action glect.’’. (II) to properly claim the earned income initiated by the Director, Office of Profes- (2) USE OF PENALTIES.—Unless specifically tax credit under section 32 of the Internal sional Responsibility, to impose a sanction appropriated otherwise, there is authorized Revenue Code of 1986 with respect to such in- under regulations promulgated under this to be appropriated and is appropriated to the dividual returns, and section shall be conducted in accordance Office of Professional Responsibility for each (ii) the knowledge of each such preparer re- with sections 556 and 557 of title 5 by 1 or fiscal year for the administration of the pub- garding such ethical standards for the prepa- more administrative law judges appointed by lic awareness campaign described in sub- ration of such returns as determined appro- the Secretary of the Treasury under section section (g) an amount equal to the penalties priate by the Secretary. 3105 of title 5. collected during the preceding fiscal year (B) STATE LICENSING OR REGISTRATION PRO- ‘‘(4) COORDINATION WITH STATE SANCTION under sections 6694 and 6695 of the Internal GRAMS.—The Secretary is authorized to ac- PROGRAMS.—In carrying out the purposes of Revenue Code of 1986 and under the regula- cept an individual as meeting the eligibility this section, the Director, Office of Profes- examination requirement of this section if, tions promulgated under section 330 of title sional Responsibility shall coordinate with 31, United States Code (by reason of sub- in lieu of the eligibility examination under appropriate State officials in order to collect this section, the individual passed— section (b)(1)). information regarding representatives, em- (3) REVIEW BY THE TREASURY INSPECTOR (i) a State licensing or State registration ployers, firms and other entities which have program eligibility examination that is com- GENERAL FOR TAX ADMINISTRATION.—Section been disciplined or suspended under State or 7803(d)(2)(A) is amended— parable to the eligibility examination estab- local rules. lished by the Secretary, or (A) by striking ‘‘and’’ at the end of clause ‘‘(5) INFORMATION ON SANCTIONS TO BE (ii) an eligibility examination adminis- (iii), AVAILABLE TO THE PUBLIC.— tered by an existing organization for tax re- (B) by striking the period at the end of ‘‘(A) SANCTIONS INITIATED BY ACTION.— turn preparers that is comparable to the eli- clause (iv) and inserting ‘‘, and’’, and When an action is initiated by the Director, gibility examination established by the Sec- (C) by adding at the end the following new Office of Professional Responsibility, to im- retary if such test was administered prior to clause: pose a sanction under regulations promul- the issuance of the regulations under this ‘‘(v) a summary of the penalties assessed gated under this section, the pleadings, and section. and collected during the reporting period the record of the proceeding and hearing (3) CONTINUING ELIGIBILITY.— under sections 6694 and 6695 and under the shall be open to the public (subject to re- (A) IN GENERAL.—The regulations under regulations promulgated under section 330 of strictions imposed under subparagraph (C)). paragraph (1) shall require a renewal of eligi- title 31, United States Code, and a review of ‘‘(B) SANCTION NOT INITIATED BY ACTION.— bility every 3 years and shall set forth the the procedures by which violations are iden- When a sanction under regulations promul- manner in which a preparer described in tified and penalties are assessed under those gated under this section (other than a pri- paragraph (1)(A) must renew such eligibility. sections,’’. vate reprimand) is imposed without initi- (B) CONTINUING EDUCATION REQUIREMENTS.— (f) COORDINATION WITH SECTION 6060(a).— ation of an action, the Director, Office of As part of the renewal of eligibility, such The Secretary of the Treasury shall coordi- Professional Responsibility, shall make regulations shall require that each such pre- nate the requirements under the regulations available to the public information identi- parer show evidence of completion of such promulgated under section 330 of title 31, fying the representative, employer, firm, or continuing education requirements as speci- United States Code, with the return require- other entity sanctioned, as well as informa- fied by the Secretary. ments of section 6060 of the Internal Revenue tion about the conduct which gave rise to (C) NONMONETARY SANCTIONS.—The regula- Code of 1986. the sanction (subject to restrictions imposed tions under paragraph (1) shall provide for (g) PUBLIC AWARENESS CAMPAIGN.—The under subparagraph (C)). the suspension or termination of such eligi- Secretary of the Treasury or the Secretary’s ‘‘(C) RESTRICTIONS ON RELEASE OF INFORMA- bility in the event of any failure to comply delegate shall conduct a public information TION.—Information about clients of the rep- with the requirements for such eligibility. and consumer education campaign, utilizing resentative, employer, firm, or other entity (4) PENALTY FOR UNAUTHORIZED PREPARA- paid advertising— and medical information with respect to the TION OF RETURNS, ETC.—In promulgating the (1) to encourage taxpayers to use for Fed- representative shall not be released to the regulations under paragraph (1), the Sec- eral tax matters only professionals who es- public or discussed in an open hearing, ex- retary shall impose a penalty of $1,000 for tablish their competency under the regula- cept to the extent necessary to understand each Federal tax return, document, or other tions promulgated under section 330 of title the nature, scope, and impact of the conduct submission prepared by a preparer described 31, United States Code, and giving rise to the sanction or proposed sanc- in paragraph (1)(A) who is not in compliance (2) to inform the public of the require- tion. Disagreements regarding the applica- with the requirements of paragraph (2) or (3) ments that any compensated preparer of tax tion of this subparagraph shall be resolved or who is suspended or disbarred from prac- returns, documents, and submissions subject by the administrative law judge or, when a tice before the Department of the Treasury to the requirements under the regulations sanction is imposed without initiation of an under such regulations. Such penalty shall promulgated under such section must sign action, by the Director, Office of Profes- be in addition to any other penalty which the return, document, or submission pre- sional Responsibility. may be imposed. pared for a fee and display notice of such pre- ‘‘(6) FEES.—Any fees imposed under regula- (c) OFFICE OF PROFESSIONAL RESPONSI- parer’s compliance under such regulations. tions promulgated under this section shall be BILITY.—Section 330 of title 31, United States (h) ADDITIONAL FUNDS AVAILABLE FOR COM- Code, is amended by adding at the end the available without fiscal year limitation to PLIANCE ACTIVITIES.—The Secretary of the following new subsection: the Office of Professional Responsibility for Treasury may use any specifically appro- ‘‘(e) OFFICE OF PROFESSIONAL RESPONSI- the purpose of reimbursement of the costs of priated funds for earned income tax credit BILITY.— administering and enforcing the require- compliance to improve and expand enforce- ‘‘(1) IN GENERAL.—There shall be in the In- ments of such regulations.’’. ment of the regulations promulgated under ternal Revenue Service an Office of Profes- (d) BAN ON AUDIT INSURANCE.—Section 330 section 330 of title 31, United States Code. sional Responsibility the functions of which of title 31, United States Code, as amended (i) ADDITIONAL CERTIFICATION ON DOCU- shall be as prescribed by the Secretary of the by subsection (c), is amended by adding at MENTS OTHER THAN RETURNS.—The Secretary Treasury, including the carrying out of the the end the following new subsection: of the Treasury shall require that each docu- purposes of this section. ‘‘(f) BAN ON AUDIT INSURANCE.—No person ment or other submission filed with the In- ‘‘(2) DIRECTOR.— admitted to practice before the Department ternal Revenue Service (other than a return ‘‘(A) IN GENERAL.—The Office of Profes- of the Treasury may directly or indirectly signed by the taxpayer) shall be signed under sional Responsibility shall be under the su- offer or provide insurance to cover profes- penalty of perjury and the identifying num- pervision and direction of an official known sional fees and other expenses incurred in re- ber of any paid preparer who prepared such

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document (if any) under rules similar to the ‘‘(3) OTHER INFORMATION.—The refund loan ing the preceding fiscal year under section rules under section 6109(a)(4). facilitator shall disclose any other informa- 7529 of the Internal Revenue Code of 1986. SEC. 5. CONTRACT AUTHORITY FOR EXAMINA- tion required to be disclosed by the Sec- (d) PUBLIC AWARENESS CAMPAIGN.—The TIONS OF PREPARERS. retary. Secretary of the Treasury or the Secretary’s The Secretary of the Treasury is author- ‘‘(c) FINES AND SANCTIONS.— delegate shall conduct a public information ized to contract for the development or ad- ‘‘(1) IN GENERAL.—The Secretary may im- and consumer education campaign, utilizing ministration, or both, of any examinations pose a monetary penalty on any refund loan paid advertising, to educate the public on under the regulations promulgated under facilitator who— making sound financial decisions with re- section 330 of title 31, United States Code. ‘‘(A) fails to register under subsection (a), spect to refund anticipation loans (as defined under section 7529 of the Internal Revenue SEC. 6. REGULATION OF REFUND ANTICIPATION or LOAN FACILITATORS. ‘‘(B) fails to disclose any information re- Code of 1986), including the need to com- pare— (a) REGULATION OF REFUND ANTICIPATION quired under subsection (b). (1) the rates and fees of such loans with the LOAN FACILITATORS.— ‘‘(2) MAXIMUM MONETARY PENALTY.—Any rates and fees of conventional loans; and (1) IN GENERAL.—Chapter 77 (relating to monetary penalty imposed under paragraph miscellaneous provisions) is amended by in- (1) shall not exceed— (2) the amount of money received under serting at the end the following new section: ‘‘(A) in the case of a failure to register, the the loan after taking into consideration such gross income derived from all refund antici- costs and fees with the total amount of the ‘‘SEC. 7529. REFUND ANTICIPATION LOAN refund. FACILITATORS. pation loans made during the period the re- fund loan facilitator was not registered, and (e) EFFECTIVE DATE.—The amendments ‘‘(a) REGISTRATION.—Each refund loan made by this section shall take effect on the facilitator shall register with the Secretary ‘‘(B) in the case of a failure to disclose in- formation, the gross income derived from all date that is 1 year after the date of the en- on an annual basis. As a part of such reg- actment of this Act. istration, each refund loan facilitator shall refund anticipation loans with respect to which such failure applied. (f) TERMINATION OF DEBT INDICATOR PRO- provide the Secretary with the name, ad- GRAM.—The Secretary of the Treasury shall ‘‘(3) REASONABLE CAUSE EXCEPTIONS.—No dress, and taxpayer identification number of terminate the Debt Indicator program an- penalty may be imposed under this sub- such facilitator, and the fee schedule of such nounced in Internal Revenue Service Notice section with respect to any failure if it is facilitator for the year of such registration. 9958 and may not implement any similar pro- shown that such failure is due to reasonable ‘‘(b) DISCLOSURE.—Each refund loan gram. cause. facilitator shall disclose to a taxpayer both SEC. 7. TAXPAYER ACCESS TO FINANCIAL INSTI- ‘‘(d) DEFINITIONS.—For purposes of this sec- orally and on a separate written form at the TUTIONS. tion— time such taxpayer applies for a refund an- (a) ESTABLISHMENT OF PROGRAM.—The Sec- ‘‘(1) REFUND LOAN FACILITATOR.— ticipation loan the following information: retary of the Treasury is authorized to award ‘‘(A) IN GENERAL.—The term ‘refund loan ‘‘(1) NATURE OF THE TRANSACTION.—The re- demonstration project grants (including facilitator’ means any electronic return fund loan facilitator shall disclose— multi-year grants) to eligible entities which originator who— ‘‘(A) that the taxpayer is applying for a partner with volunteer and low-income prep- ‘‘(i) solicits for, processes, receives, or ac- loan that is based upon the taxpayer’s an- aration organizations to provide tax prepara- cepts delivery of an application for a refund ticipated income tax refund, tion services and assistance in connection anticipation loan, or ‘‘(B) the expected time within which the with establishing an account in a federally ‘‘(ii) facilitates the making of a refund an- loan will be paid to the taxpayer if such loan insured depository institution for individuals ticipation loan in any other manner. is approved, that currently do not have such an account. ‘‘(C) the time frame in which income tax ‘‘(B) ELECTRONIC RETURN ORIGINATOR.—For (b) ELIGIBLE ENTITIES.— refunds are typically paid based upon the dif- purposes of subparagraph (A), the term ‘elec- (1) IN GENERAL.—An entity is eligible to re- ferent filing options available to the tax- tronic return originator’ means a person who ceive a grant under this section if such an payer, originates the electronic submission of in- entity is— ‘‘(D) that there is no guarantee that a re- come tax returns for another person. (A) an organization described in section fund will be paid in full or received within a ‘‘(2) REFUND ANTICIPATION LOAN.—The term 501(c)(3) of the Internal Revenue Code of 1986 specified time period and that the taxpayer ‘refund anticipation loan’ means any loan of and exempt from tax under section 501(a) of is responsible for the repayment of the loan money or any other thing of value to a tax- such Code, even if the refund is not paid in full or has payer in connection with the taxpayer’s an- (B) a federally insured depository institu- been delayed, ticipated receipt of a Federal tax refund. tion, ‘‘(E) if the refund loan facilitator has an Such term includes a loan secured by the tax (C) an agency of a State or local govern- agreement with another refund loan refund or an arrangement to repay a loan ment, facilitator (or any lender working in con- from the tax refund. (D) a community development financial in- junction with another refund loan ‘‘(3) REFUND ANTICIPATION LOAN FEES.—The stitution, facilitator) to offset outstanding liabilities term ‘refund anticipation loan fees’ means (E) an Indian tribal organization, for previous refund anticipation loans pro- the fees, charges, interest, and other consid- (F) an Alaska Native Corporation, vided by such other refund loan facilitator, eration charged or imposed by the lender or (G) a Native Hawaiian organization, that any refund paid to the taxpayer may be facilitator for the making of a refund antici- (H) a labor organization, or so offset and the implication of any such off- pation loan. (I) a partnership comprised of 1 or more of set, ‘‘(e) REGULATIONS.—The Secretary may the entities described in the preceding sub- ‘‘(F) that the taxpayer may file an elec- prescribe such regulations as necessary to paragraphs. implement the requirements of this sec- tronic return without applying for a refund (2) DEFINITIONS.—For purposes of this sec- anticipation loan and the fee for filing such tion.’’. tion— (2) CLERICAL AMENDMENT.—The table of an electronic return, and (A) FEDERALLY INSURED DEPOSITORY INSTI- sections for chapter 77, as amended by this ‘‘(G) that the loan may have substantial TUTION.—The term ‘‘federally insured deposi- fees and interest charges that may exceed Act, is amended by adding at the end the fol- tory institution’’ means any insured deposi- those of other sources of credit and the tax- lowing new item: tory institution (as defined in section 3 of payer should carefully consider— ‘‘Sec. 7529. Refund anticipation loan the Federal Deposit Insurance Act (12 U.S.C. ‘‘(i) whether such a loan is appropriate for facilitators.’’. 1813)) and any insured credit union (as de- the taxpayer, and (b) DISCLOSURE OF PENALTY.—Section fined in section 101 of the Federal Credit ‘‘(ii) other sources of credit. 6103(k) (relating to disclosure of certain re- Union Act (12 U.S.C. 1752)). ‘‘(2) FEES AND INTEREST.—The refund loan turns and return information for tax admin- (B) COMMUNITY DEVELOPMENT FINANCIAL IN- facilitator shall disclose all refund anticipa- istration purposes) is amended by adding at STITUTION.—The term ‘‘community develop- tion loan fees with respect to the refund an- the end the following new paragraph: ment financial institution’’ means any orga- ticipation loan. Such disclosure shall in- ‘‘(10) DISCLOSURE OF PENALTIES ON REFUND nization that has been certified as such pur- clude— ANTICIPATION LOAN FACILITATORS.—The Sec- suant to section 1805.201 of title 12, Code of ‘‘(A) a copy of the fee schedule of the re- retary may disclose the name and employer Federal Regulations. fund loan facilitator, (including the employer’s address) of any (C) ALASKA NATIVE CORPORATION.—The ‘‘(B) the typical fees and interest rates person with respect to whom a penalty has term ‘‘Alaska Native Corporation’’ has the (using annual percentage rates as defined by been imposed under section 7529 and the same meaning as the term ‘‘Native Corpora- section 107 of the Truth in Lending Act (15 amount of any such penalty.’’. tion’’ under section 3(m) of the Alaska Na- U.S.C. 1606)) for several typical amounts of (c) USE OF PENALTIES.—Unless specifically tive Claims Settlement Act (43 U.S.C. such loans and of other types of consumer appropriated otherwise, there is authorized 1602(m)). credit, to be appropriated and is appropriated to the (D) NATIVE HAWAIIAN ORGANIZATION.—The ‘‘(C) typical fees and interest charges if a Internal Revenue Service for each fiscal year term ‘‘Native Hawaiian organization’’ means refund is not paid or delayed, and for the administration of the public aware- any organization that— ‘‘(D) the amount of a fee (if any) that will ness campaign described in subsection (d) an (i) serves and represents the interests of be charged if the loan is not approved. amount equal to the penalties collected dur- Native Hawaiians, and

VerDate Aug 31 2005 03:50 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.127 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5105 (ii) has as a primary and stated purpose the circumstances, such as, by taking rea- ance coverage. The fact is that denying the provision of services to Native Hawai- sonable actions to avoid or mitigate the tax health insurance is not just immoral, ians. liability or delayed resolution of such liabil- it’s ultimately more costly than insur- (E) LABOR ORGANIZATION.—The term ‘‘labor ity, ing them. In the long run, this is an ob- organization’’ means an organization— ‘‘(B) whether the taxpayer is a victim of a (i) in which employees participate, bad act by a third party or any other unex- vious choice. (ii) which exists for the purpose, in whole pected event that significantly contributed But we do not have time to wait for or in part, of dealing with employers con- to the tax liability or delayed resolution of the long run. Our businesses, families, cerning grievances, labor disputes, wages, such liability, and health care providers need relief rates of pay, hours of employment, or condi- ‘‘(C) whether the taxpayer has a recent his- immediately from the insecurity, inef- tions of work, and tory of compliance with tax filing and pay- ficiency, and inequity bred by a system (iii) which is described in section 501(c)(5) ment obligations (before and after the situa- which insures too few at too high a of the Internal Revenue Code of 1986. tion that led to the current tax liability) or cost. (c) APPLICATION.—An eligible entity desir- has a reasonable explanation for previous ing a grant under this section shall submit noncompliance, Therefore, I am introducing today an application to the Secretary of the Treas- ‘‘(D) whether any Internal Revenue Service the ‘‘Countdown to Coverage Act of ury in such form and containing such infor- processing errors, systemic or employee-re- 2007.’’ It’s simple: The Countdown to mation as the Secretary may require. lated, led to or significantly contributed to Coverage Act requires Congress to pass (d) LIMITATION ON ADMINISTRATIVE COSTS.— the tax liability, legislation by the end of the 111th ses- A recipient of a grant under this section may ‘‘(E) whether the Internal Revenue Service sion that will ensure all Americans not use more than 6 percent of the total action or inaction has unreasonably delayed amount of such grant in any fiscal year for have quality, affordable health care resolution of the tax liability, and the administrative costs of carrying out the coverage. If Congress fails to act, mem- ‘‘(F) any other fact or circumstance that programs funded by such grant in such fiscal would lead a reasonable person to conclude bers will become responsible for 100 year. that a compromise would be fair, equitable, percent of the cost of their own plan (e) EVALUATION AND REPORT.—For each fis- through FEHBP. cal year in which a grant is awarded under and in the best interest of tax this section, the Secretary of the Treasury administration.’’. Senators and Congressmen give our- shall submit a report to Congress containing selves the very best health care cov- a description of the activities funded, By Mr. KERRY: erage, and it’s American taxpayers who amounts distributed, and measurable results, S. 1221. A bill to provide for the en- foot the bill. Now, Congress needs to as appropriate and available. actment of comprehensive health care step up and pass universal health care (f) AUTHORIZATION OF APPROPRIATIONS.— reform; to the Committee on Homeland coverage by 2011—or pay the price and There is authorized to be appropriated to the Security and Governmental Affairs. pick up the cost of our own health care Secretary of the Treasury, for the grant pro- Mr. KERRY. Mr. President, this week gram described in this section, $10,000,000, or ourselves. 45 million people—11 million such additional amounts as deemed nec- thousands of business owners, union kids—without health insurance is un- essary, to remain available until expended. members, faith leaders, physicians, acceptable in the richest country in (g) REGULATIONS.—The Secretary of the nurses, and patients will come together the world. Every American deserves Treasury is authorized to promulgate regula- in Washington and in each of the 50 the kind of quality care that Senators tions to implement and administer the grant States to demand immediate action to and Congressmen give themselves, and program under this section. fix our Nation’s growing health insur- (h) STUDY ON DELIVERY OF TAX REFUNDS.— this bill sets a deadline for members of (1) IN GENERAL.—The Secretary of the ance crisis. The Robert Wood Johnson Congress to take real action. Treasury, in consultation with the National Foundation’s fifth annual Cover the I ask unanimous consent that the Taxpayer Advocate, shall conduct a study on Uninsured Week will once again call text of the legislation be printed in the the payment of tax refunds through Treasury attention to the 45 million of our RECORD. debit cards or other electronic means to as- neighbors, co-workers and friends—in- There being no objection, the mate- sist individuals that do not have access to fi- cluding 11 million children under age rial was ordered to be printed in the nancial accounts or institutions. 21—who live without any health care (2) REPORT.—Not later than 1 year after RECORD, as follows: the date of the enactment of this Act, the coverage. Unable to afford doctor’s vis- S. 1221 its and prescription drugs, they live Secretary of the Treasury shall submit a re- Be it enacted by the Senate and House of Rep- port to Congress containing the result of the day to day in fear that a child will get resentatives of the United States of America in study conducted under subsection (a). sick or suffer an accident. No family in Congress assembled, SEC. 8. CLARIFICATION OF TAXPAYER ASSIST- this great Nation should have to live in SECTION 1. SHORT TITLE. ANCE ORDER AUTHORITY. such fear. This Act may be cited as the ‘‘Countdown (a) IN GENERAL.—Section 7811(b)(2) is Understandably, the focus of Cover to Coverage Act of 2007’’. amended— the Uninsured Week this year is on the (1) by redesignating subparagraphs (C) and SEC. 2. COMPREHENSIVE HEALTH CARE RE- (D) as subparagraphs (D) and (E), respec- great opportunity presenting this Con- FORM. tively, and gress to expand coverage to millions of (a) IN GENERAL.—If a provision of law that (2) by inserting after subparagraph (B) the America’s uninsured children through ensures accessible, affordable, and meaning- following new subparagraph: the reauthorization and expansion of ful health insurance for all Americans is not ‘‘(C) chapter 74 (relating to closing agree- the successful, bipartisan State Chil- enacted before the adjournment, sine die, of ments and compromises),’’. the 111th Congress, as determined by Insti- dren’s Health Insurance Program. This tute of Medicine, there shall be no Govern- (b) EFFECTIVE DATE.—The amendments is the number one domestic budget pri- made by this section shall apply to orders ment contribution under section 8906 of title issued after the date of the enactment of this ority for me and for the new Demo- 5, United States Code, for any Member of Act. cratic Congress. Congress and any Member of Congress shall SEC. 9. CLARIFICATION OF STANDARDS FOR In a given year, uninsured kids are pay 100 percent of all premiums for any EVALUATION OF COMPROMISE OF- only half as likely to receive any med- health benefits plan under chapter 89 of that FERS. ical care. That neglect leads to chronic title. Section 7122(d)(1) is amended— disease. Uninsured kids also cost us (b) NOTIFICATION.—The Institute of Medi- (1) by inserting ‘‘based on doubt as to li- cine shall submit timely notice to the Office ability, doubt as to collectibility, or equi- productivity when parents must choose of Personnel Management, the Secretary of table consideration’’ after ‘‘dispute’’, and between working and caring for a sick the Senate, and the Chief Administrative Of- (2) by inserting at the end the following child without the help of a doctor. Kids ficer of the House of Representatives of— new paragraph: in public insurance programs perform (1) the determination that a provision of ‘‘(4) EQUITABLE CONSIDERATION.—In pre- 68 percent better in school, and insur- law has not been enacted before the adjourn- scribing guidelines under paragraph (1), the ing all of them would reduce avoidable ment, sine die, of the 111th Congress, as de- Secretary shall compromise a liability to hospitalizations by 22 percent. scribed under subsection (a); and promote effective tax administration when it But while kids are undoubtedly our (2) the dates and adjustments that are re- is inequitable to collect any unpaid tax (or first priority, we must take care not to quired to take effect under this Act. any portion thereof, including penalties and (c) ADJUSTMENTS.—After receiving notice interest) based on all of the facts and cir- lose sight of our ultimate objective: under subsection (b), the Office of Personnel cumstances, including— Ensuring that every single man, Management, the Secretary of the Senate, ‘‘(A) whether the taxpayer acted reason- woman, and child in America has af- and the Chief Administrative Officer of the ably, responsibly, and in good faith under fordable and meaningful health insur- House of Representatives shall make such

VerDate Aug 31 2005 04:25 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.127 S25APPT1 hmoore on PRODPC68 with HMSENATE S5106 CONGRESSIONAL RECORD — SENATE April 25, 2007 adjustments as may be necessary on the first working extremely hard to combat evaluate the various State initiatives day of the first applicable pay period begin- fraud and abusive lending practices. I and report to Congress on lending prac- ning on or after the date of that notice. applaud their good work. Now, Con- tices and regulations related to mort- (d) REGULATIONS.—The Office of Personnel Management may prescribe regulations to gress should come to the table and do gage fraud and deception, predatory carry out this section. its part, and I’m pleased to introduce lending, and homeownership preserva- legislation today with my good friend tion efforts. By Mr. OBAMA (for himself and Senator DURBIN to address this impor- We cannot sit on the sidelines while Mr. DURBIN): tant issue. increasing numbers of American fami- S. 1222. A bill to stop mortgage trans- The STOP FRAUD Act, which was lies face the risk of losing their homes. actions which operate to promote first introduced in February 2006, is There is excellent work being done by fraud, risk, abuse, and under-develop- aimed at stopping mortgage trans- the Banking Committees in the House ment, and for other purposes; to the actions which operate to promote and Senate to tackle some of the Committee on Banking, Housing, and fraud, risk, abuse and underdevelop- thorniest and most challenging prob- Urban Affairs. ment. This year, the bill includes new lems affecting the mortgage industry Mr. OBAMA. Mr. President, I rise provisions to protect the legal rights of today. I look forward to working with today to reintroduce legislation to pro- borrowers with particularly risky my colleagues on comprehensive legis- tect American consumers and home- subprime loans. The Act provides the lation to protect consumers and owners from fraudulent and abusive first Federal definition of mortgage strengthen the housing market. The mortgage lending practices. Mortgage fraud and authorizes stiff criminal pen- STOP FRAUD Act is just the beginning fraud and abuse are growing problems alties against fraudulent actors. STOP of an important Federal response. It is in this country, problems that are de- FRAUD requires a wide range of mort- a tough, cost-effective, and balanced priving thousands of Americans of gage professionals to report suspected way to address the serious problem of their dream of homeownership and fraudulent activity, and gives these mortgage fraud in our country and to often their hard-earned life savings. same professionals safe harbor from li- provide additional protections for vul- These problems are also costing the ability when they report suspicious in- nerable borrowers. I urge my col- mortgage industry hundreds of mil- cidents. It also authorizes several leagues to join me in this important ef- lions of dollars each year and making grant programs to help State and local fort. the housing market, which is critical law enforcement fight fraud, provide to our economy and the stability of our the mortgage industry with updates on By Ms. LANDRIEU (for herself, neighborhoods, more vulnerable. fraud trends, and further support the Mr. STEVENS, Mr. CARPER, and Although the data in this area is lim- Departments of Treasury, Justice and Mr. PRYOR): ited, mortgage fraud, which takes a va- Housing and Urban Development’s S. 1223. A bill to amend the Robert T. riety of forms from inflated appraisals fraud-fighting efforts. Stafford Disaster Relief and Emer- to the use of straw buyers, is a growing At a time when many homeowners gency Assistance Act to support efforts problem. In September of 2002, the FBI are concerned about losing their home by local or regional television or radio had 436 mortgage fraud investigations. to foreclosure, and policymakers are broadcasters to provide essential pub- Currently, they have more than 1,036— worried about fraudulent, deceptive, lic information programming in the an increase of 137 percent in less than and even just plain confusing lending event of a major disaster, and for other 5 years. And of the 1,036 current cases, practices that are roiling communities purposes; to the Committee on Home- more than half have expected losses of across the country, STOP FRAUD pro- land Security and Governmental Af- more than $1 million. This is due large- vides $25 million for housing coun- fairs. ly to the housing boom which has driv- seling. The Department of Housing and Ms. LANDRIEU. Mr. President, I en up housing prices across the coun- Urban Development will contract with come to the floor to speak about the try. Nearly $2.37 trillion in mortgage public or private organization to pro- First Response Broadcasters Act, legis- loans were made during 2006, and the vide information, advice, counseling, lation I am introducing today along number may be even higher this year. and technical assistance to tenants, with Senators STEVENS, CARPER and But mortgage fraud is not just about homeowners, and other consumers with PRYOR. dollars and statistics; it’s about real respect to mortgage fraud and other As my State suffered the devastating people, real homes, and real lives. I activities that are likely to increase impact of Hurricanes Katrina and Rita first introduced this legislation last the risk of foreclosure. and the levee breaks that followed, we year after my hometown Chicago Trib- The Act also protects the legal rights learned that one of the most vital re- une featured a series of articles about of borrowers with risky, subprime lief supplies is information. In pro- mortgage fraud in Illinois, which, loans. The greatest growth in the viding it, all of our local media—news- along with Georgia, South Carolina, mortgage lending market is in papers, broadcasters and web sites in- Florida, Missouri, Michigan, Cali- subprime loans and some have esti- cluded—did amazing work to keep the fornia, Nevada, Colorado and Utah, is mated that more than 2 million home- people of my State informed, even among the FBI’s top-ten mortgage owners with subprime mortgages are at when displaced thousands of miles fraud ‘‘hot spots.’’ risk of losing their homes. If a bor- away. But with phone lines down and The Tribune stories highlighted the rower receives a subprime mortgage streets too flooded to move around, the plight of the good folks on May Street with any one of several high-risk char- sound of a local radio or television sta- in Chicago, who saw a block’s worth of acteristics, the Act protects the rights tion was for many of my constituents homes go boarded up in the span of a of borrowers to challenge lending prac- the only voice in those first few dark just few years, as swindlers racked up tices in foreclosure proceedings. The nights after the hurricanes. Our local hundreds of thousands of dollars in bad high-risk characteristics targeted by broadcasters provided life-saving infor- loans. The shells of houses were left be- this Act include loans for which the mation and comfort when both were hind as sad reminders of broken borrower does not have the ability to needed the most. Many of them worked dreams. The Tribune highlighted the repay at the maximum rate of interest, through unimaginable technical and plight of 75-year-old Ruth Williams, loans whose true long-term costs are emotional obstacles, staying on the air who had to spend her personal funds to not clearly disclosed to the borrower, as their facilities and staff homes were clear the title to her home after stated-income and no-documentation destroyed, and loved ones remained fraudsters secured $400,000 in loans on loans, and loans with unreasonable pre- missing. three buildings they didn’t own. A re- payment penalties. With the entire industry dependent cent Tribune investigation turned up a Many States are actively trying to on public airwaves, broadcasters have a 91-year-old woman defrauded into sign- prevent a wave of expected foreclosures duty to serve the public in times of cri- ing away her brick Chicago home, her as housing prices stop rising while ad- sis. As local radio and television sta- sole asset, leaving her with nothing. justable rates on many risk loans start tions stand up, as so many did, to put Law enforcement, consumer groups rising. STOP FRAUD instructs the commercial interests aside to serve the and many in the mortgage industry are Government Accountability Office to public interest, the federal government

VerDate Aug 31 2005 04:25 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.106 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5107 should be ready to stand with them. As the program encourages both dis- times of crisis. No one else can do it. This is not a new partnership. aster preparedness and community co- They are already a key part of our na- Under laws going back to 1951, radio ordination, increased scoring would be tional emergency response plan, and and television stations are today re- granted to applications from broad- have been for more than 50 years. This quired to participate in the national casters who form cooperative proposals bill merely reinforces this fact and se- Emergency Alert System (EAS), and with other broadcasters in the area or cures the logical extension of commit- many stations have protected, govern- those who submit plans in conjunction ments already made by Federal govern- ment-funded circuits connecting them with local or State governments. Pri- ment. We have a responsibility to to emergency command centers. This ority scoring would also be given to ap- make sure the tools are protected to legislation would directly connect plicants in disaster-prone areas and make the system work. more stations nationwide to this net- also based on the public service merits Broadcasters are first responders— work by authorizing $6.5 million to of the broadcasters disaster program- and with this bill today, we will FEMA to set up Primary Entry Point ming plan. strengthen our essential partnership radio stations in another twenty five No disaster warning, evacuation plan with them for the benefit of all Ameri- states and U.S. territories. Currently or emergency instruction matters if it cans. I urge my colleagues to support there are thirty-two stations and two can’t get to the people who need it. this important legislation and ask under development in Alabama and This is why the Federal Communica- unanimous consent that the text of the Mississippi. tions Commission and a presidential legislation, the broadcaster stories, A Primary Entry Point (PEP) station advisory panel have each recommended and a list of the organizations already is a radio broadcast station designated we take steps to keep these lifesaving supporting this bill be printed in the to provide public information following broadcasts on the air. RECORD. national and local emergencies where In particular, this bill would require There being no objection, the mate- there is no commercial power. For ex- that the Federal Emergency Manage- rial was ordered to be printed in the ample, WWL Radio in New Orleans was ment Agency and other Federal re- RECORD, as follows: the only PEP station in the Gulf Coast sponse agencies, in coordination with S. 1223 after Katrina and it provided radio State and local authorities and the Na- Be it enacted by the Senate and House of Rep- broadcasts for two weeks after the tional Guard, honor press access guide- resentatives of the United States of America in storm until commercial power was re- lines and credentials set by the local Congress assembled, stored. FEMA commissioned rec- governing authority in the declared SECTION 1. SHORT TITLE. ommendations from the Primary Entry disaster area. For example, if the City This Act may be cited as the ‘‘First Re- Point Advisory Committee, a non-prof- of New Orleans issued press credentials sponse Broadcasters Act of 2007’’. it group they set up to oversee the sta- SEC. 2. FINDINGS. before the disaster and the city decided Congress finds that— tions, and just needs the additional to continue honoring them post-dis- (1) in the periods before, during, and after funds to build the additional facilities. aster, FEMA officials operating in the major disasters that occurred not long before Included in the findings of the legisla- area would be required to honor those the date of enactment of this Act (including tion is a comprehensive list of the credentials as well. The local entity, at Hurricane Katrina, Hurricane Rita, and the states that are currently without PEP its own discretion, would be able to re- terrorist attacks of September 11, 2001), local stations and which would benefit from quest that this credentialing authority media organizations (including newspapers, this provision. There are also States be passed instead to federal or state of- public and private broadcasters, and online which have PEP stations, but because publications) provided a valuable public ficials. service by transmitting and publishing dis- of geographic limitations, require an Along these same lines, the bill aster-related information, guidance, and as- additional station to fully cover the would also direct the Federal Emer- sistance; State. This bill would provide those gency Management Agency to coordi- (2) local broadcasters, public and private, two additional stations in Kansas and nate with local and State agencies to provided a particularly valuable public serv- Florida. allow access, where practicable and not ice by transmitting evacuation instructions, But what good is this successful impeding recovery or endangering pub- warnings of impending threats, timely re- emergency information chain if the lic safety, into the disaster area for sponse status updates, and other essential last link fails? By technical necessity, personnel and equipment essential to information related to such major disasters this last link is right in the disaster’s to listeners and viewers to whom other forms restoring or maintaining critical-to-air of media were often unavailable or inacces- path. Simply put, the transmitter broadcast infrastructure. The priority sible; needs to be in the same area as the peo- policies and procedures for this coordi- (3) an inability to access a disaster area ple in need of warning. Despite our nation would be similar to those prac- may impede the ability of local media orga- Federal investments in the emergency ticed for restoring public utilities, and nizations to provide such public services; system and entry point stations, there would include access for refueling gen- (4) according to the report by the Com- were several Gulf Coast broadcasters erators and re-supplying critical facili- mittee on Homeland Security and Govern- after the hurricanes that could not ties. mental Affairs of the Senate, titled ‘‘Hurri- stay on the air simply because the gov- For all journalists working to tell cane Katrina: A Nation Still Unprepared’’, dated May 2006, ‘‘It is essential that the news ernment took their fuel away. They the story-newspapers and web sites in- media receive accurate disaster information were told they weren’t on the list.’’ cluded-the First Response Broadcasters to circulate to the public. News media can This legislation puts these broad- Act makes sure that the local officials, also help inform the public by reporting on casters on the list, where they belong. who know local reporters best, decide rumors and soliciting evidence and comment To protect vital broadcast infrastruc- where the journalists can go, not some on their plausibility, if any’’; ture and encourage more broadcasters Washington bureaucrat who just (5) according to testimony provided on to deploy disaster-resistant tele- stepped off the plane. September 22, 2005, to the Committee on communications equipment, this bill In closing, I would like to submit for Commerce, Science, and Transportation of would also create a 3-year pilot pro- the Senate, an estimated 100 Gulf Coast the record the stories of a few incred- broadcast stations were unable to broadcast gram managed by the Federal Emer- ible broadcasters who through recent as a result of Hurricane Katrina, with ap- gency Management Agency to provide disasters have demonstrated exactly proximately 28 percent of television stations annual matching grants to qualified the type of response this bill is in- and approximately 35 percent of radio sta- First Response Broadcasters for the tended to encourage. I would also like tions unable to broadcast in the area af- protection and reinforcement of crit- to submit for the record a list of orga- fected by Hurricane Katrina; ical-to-air facilities and infrastructure. nizations which have already endorsed (6) according to testimony provided on The program would receive $10 million this legislation-including the state September 7, 2005, to the Committee on En- per year to fund matching program ergy and Commerce of the House of Rep- broadcasting associations from every resentatives, following Hurricane Katrina grants, and grants could also be used one of the 50 states and the District of only 4 of the 41 radio broadcast stations in for projects to enhance essential dis- Columbia. the New Orleans metropolitan area remained aster-related public information serv- Broadcasters have a duty to the on the air in the immediate aftermath of ices. American people to spread the word in that hurricane;

VerDate Aug 31 2005 03:50 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.107 S25APPT1 hmoore on PRODPC68 with HMSENATE S5108 CONGRESSIONAL RECORD — SENATE April 25, 2007 (7) the only television station in New Orle- (D) the District of Columbia; (D) on behalf of a first response broad- ans to continue transmitting its over-the-air (E) Indiana; caster that is principally owned and operated signal uninterrupted during and after Hurri- (F) Iowa; by individuals residing within the State, cane Katrina was able to do so only as a di- (G) Kentucky; county, parish, or municipality in which the rect result of steps taken to better protect (H) Maine; broadcaster is located; or its transmitter and provide redundant pro- (I) Michigan; (2) provides, in writing, a statement of the duction facilities in the region; (J) Nebraska; intention of the applicant to provide dis- (8) fuel and other supply shortages inhibit (K) New Hampshire; aster-related programming dedicated to es- the ability of a broadcaster to stay on the (L) New Jersey; sential public information purposes before, air and provide essential public information (M) Oklahoma; during, and after a major disaster. following a major disaster; (N) Oregon; (d) USE OF FUNDS.—A grant under the pilot (9) according to the report by the Com- (O) Pennsylvania; program shall be used by a first response mittee on Homeland Security and Govern- (P) Rhode Island; broadcaster to— mental Affairs of the Senate, titled ‘‘Hurri- (Q) South Dakota; (1) protect or provide redundancy for facili- cane Katrina: A Nation Still Unprepared’’, (R) Vermont; ties and infrastructure, including transmit- dated May 2006, there were instances of Fed- (S) West Virginia; ters and other at-risk equipment (as deter- eral authorities confiscating privately-pur- (T) Wisconsin; mined by the Administrator), critical to the chased fuel supplies in the area affected by (U) American Samoa; ability of that first response broadcaster to Hurricane Katrina; (V) the Northern Mariana Islands; and continue to produce and transmit essential (10) the ability of several broadcasters in (W) Guam; and disaster-related public information program- Mississippi to remain on the air was unduly (18) in the event of a man-made or natural ming; or compromised by the confiscation of their disaster, it is essential to provide for the Pri- (2) upgrade or add facilities or equipment privately-purchased fuel supplies; mary Entry Point stations in larger States that will enhance or expand the ability of (11) practices put in place following Hurri- where there is currently a facility, but an the first responder broadcaster to acquire, cane Andrew to involve broadcasters in dis- additional station is required to ensure full produce, or transmit essential disaster-re- aster response and expedite access by broad- sufficient geographic coverage, meaning 2 lated public information programming. cast engineers to disaster areas for the pur- stations are required, located in— (e) FEDERAL SHARE.—The Federal share of pose of repairing critical-to-air facilities and (A) Kansas; and an activity carried out with a grant under infrastructure has significantly increased (B) Florida. this section shall be not more than 50 per- the ability of broadcasters in Florida to con- SEC. 3. DEFINITIONS. cent. tinue transmitting essential public informa- In this Act— (f) TERMINATION.—The authority to make tion during subsequent major disasters; (1) the term ‘‘Administrator’’ means the grants under the pilot program shall termi- (12) a June 12, 2006, report to the Federal Administrator of the Federal Emergency nate at the end of the third full fiscal year Communications Commission from the Inde- after the date of enactment of this Act. pendent Panel Reviewing the Impact of Hur- Management Agency; (2) the term ‘‘disaster area’’ means an area (g) AUTHORIZATION OF APPROPRIATIONS.— ricane Katrina on Communications Net- There are authorized to be appropriated to works recommends that cable and broad- in which the President has declared a major the Secretary to carry out the pilot program casting infrastructure providers, and their disaster, during the period of that declara- $10,000,000 for each of fiscal years 2008 contracted workers, be afforded emergency tion; through 2010. responder status under the Robert T. Staf- (3) the term ‘‘first response broadcaster’’ ford Disaster Relief and Emergency Assist- means a local or regional television or radio SEC. 6. FIRST RESPONSE BROADCASTER ACCESS ance Act (42 U.S.C. 5121 et seq.) and that this broadcaster that provides essential disaster- FOLLOWING A MAJOR DISASTER. designation would remedy many of the ac- related public information programming be- (a) ACCESS.—Section 403 of the Robert T. cess and fuel sharing issues that hampered fore, during, and after the occurrence of a Stafford Disaster Relief and Emergency As- industry efforts to quickly repair infrastruc- major disaster; sistance Act (42 U.S.C. 5170b) is amended— ture following Hurricane Katrina; (4) the term ‘‘major disaster’’ has the (1) in subsection (a)(3)(B), by inserting (13) the partnership of competing radio meaning given the term in section 102 of the ‘‘(including providing fuel, food, water, and broadcasters in the wake of Hurricane Robert T. Stafford Disaster Relief and Emer- other supplies to first response broadcasters, Katrina, casting aside commercial interests gency Assistance Act (42 U.S.C. 5122); and after providing essential emergency services, to provide uninterrupted, redundant public (5) the term ‘‘Secretary’’ means the Sec- health care, and utility restoration serv- information programming from multiple retary of Homeland Security. ices)’’ before the semicolon at the end; and transmission facilities, served the public SEC. 4. PRIMARY ENTRY POINT STATIONS. (2) in subsection (c)(6)— well and for many hurricane victims was the (a) IN GENERAL.—There are authorized to (A) by redesignating subparagraphs (A) and only source of disaster-related information be appropriated $6,500,000 to the Adminis- (B) as subparagraphs (B) and (C), respec- for many days; trator of the Federal Emergency Manage- tively; and (14) other similar models for regional ment Agency for facility and equipment ex- (B) by inserting before subparagraph (B), broadcaster cooperation nationwide, such as penses to construct an additional 25 Primary as so redesignated, the following: the initiative by 3 public and private radio Entry Point stations in the continental ‘‘(A) FIRST RESPONSE BROADCASTER.—The groups to cooperatively produce essential United States and territories. term ‘first response broadcaster’ has the disaster-related programming in eastern and (b) DEFINITION.—In this section, the term meaning given that term in section 707.’’. central Maine, will further prepare the in- ‘‘Primary Entry Point station’’ means a (b) CONFISCATION.—Title VII of the Robert dustry to effectively respond to major disas- radio broadcast station designated to provide T. Stafford Disaster Relief and Emergency ters; public information following national and Assistance Act (42 U.S.C. 5201 et seq.) is (15) following Hurricane Katrina, a Pri- local emergencies where there is no commer- amended by adding at the end the following: mary Entry Point station in Louisiana, oper- cial power. ‘‘SEC. 707. CONFISCATION FROM FIRST RE- ating only on generator power until commer- SEC. 5. BROADCAST DISASTER PREPAREDNESS SPONSE BROADCASTERS. cial power was restored 2 weeks after the dis- GRANT PROGRAM. ‘‘(a) DEFINITION.—In this section, the term aster, was instrumental in providing life-sav- (a) DEFINITION.—In this section, the term ‘first response broadcaster’ means a local or ing information to the general public ‘‘pilot program’’ means the Broadcast Dis- regional television or radio broadcaster that throughout the area as battery-operated ra- aster Preparedness Grant Program estab- provides essential disaster-related public in- dios were the only source of official news and lished under subsection (b). formation programming before, during, and information; (b) ESTABLISHMENT.—Not later than 90 days after a major disaster. (16) as of April 18, 2007, there were 24 States after the date of enactment of this Act, the ‘‘(b) IN GENERAL.—In the event of a major with 1 Primary Entry Point station, 4 States Secretary shall establish a pilot program disaster, and to the extent practicable and with 2 Primary Entry point stations, 2 Pri- under which the Administrator may make consistent with not endangering public safe- mary Entry Point stations located in terri- grants to first response broadcasters, to be ty, a Federal officer or employee may not tories of the United States, and 2 Primary known as the ‘‘Broadcast Disaster Prepared- confiscate fuel, water, or food from a first re- Entry Point stations under development in ness Grant Program’’. sponse broadcaster if that first response Alabama and Mississippi; (c) PRIORITY.—The Administrator may give broadcaster adequately documents that such (17) in the event of a man-made or natural priority to an application for a grant under supplies will be used to enable that broad- disaster, it is essential to provide for Pri- the pilot program that— cast first responder to broadcast essential mary Entry Point stations in any State or (1) is submitted— disaster-related public information program- territory where there is not a facility, mean- (A) on behalf of more than 1 first response ming in the area affected by that major dis- ing an additional 23 stations are required, lo- broadcaster operating in an area; aster.’’. cated in— (B) in cooperation with State or local au- (c) RESTORATION OF SERVICES.—The Robert (A) Arkansas; thorities; T. Stafford Disaster Relief and Emergency (B) Connecticut; (C) on behalf of a first response broadcaster Assistance Act (42 U.S.C. 5121 et seq.) is (C) Delaware; with 50 employees or less; amended—

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(1) by redesignating section 425 (42 U.S.C. to Federal officials a determination regard- REAL STORIES OF FIRST RESPONSE 5189e) (relating to essential service pro- ing the intent of that credentialing author- BROADCASTERS viders) as section 427; and ity to retain, relinquish, or assign its status [From WWL-TV—New Oreleans, LA] (2) in section 427, as so redesignated, by as the primary credentialing authority, the (By News Director Chris Slaughter) adding at the end the following: Secretary may designate the Federal Emer- Our 150 employees developed a plan that ‘‘(d) FIRST RESPONSE BROADCASTERS.— gency Management Agency or another Fed- ‘‘(1) DEFINITION.—In this subsection, the would enable WWL-TV to be the only tele- eral agency as the interim primary vision station to stay on the air and keep in- term ‘first response broadcaster’ has the credentialing authority, until such a time as meaning given that term in section 707. formation flowing in our community’s dark- the State or local credentialing authority est hour. 95 percent of the station’s news, en- ‘‘(2) IN GENERAL.—In the event of a major notifies the Secretary of whether that au- disaster, the head of a Federal agency, in gineering, production and administrative thority intends to retain, relinquish, or as- personnel made sure their families were safe, consultation with appropriate State and sign its status. local government authorities, and to the then devoted 14 straight days and nights greatest extent practicable and consistent using their most valuable tool—informa- tion—to help their metropolitan New Orle- with not endangering public safety or inhib- ORGANIZATION ENDORSEMENTS iting recovery efforts, shall allow access to ans neighbors survive. Many did this while 1. The National Association of Broadcasters the area affected by that major disaster for knowing they had lost everything they 2. The Radio-Television News Directors Asso- technical personnel, broadcast engineers, owned (40 percent of station personnel lost ciation and equipment needed to restore, repair, or homes in the storm). Many worked with the resupply any facility or equipment critical 3. The Alabama Broadcasters Association stress of knowing that spouses, relatives and to the ability of a first response broadcaster 4. The Alaska Broadcasters Association friends were missing or working in dan- to continue to acquire, produce, and trans- 5. The Arizona Broadcasters Association gerous situations. mit essential disaster-related public infor- 6. The Arkansas Broadcasters Association During the course of the storm and initial mation programming, including the repair 7. The California Broadcasters Association aftermath, WWL-TV broadcast from four dif- and maintenance of transmitters and other 8. The Colorado Broadcasters Association ferent studios. When the storm forced the facility equipment and transporting fuel for 9. The Connecticut Broadcasters Association evacuation of our French Quarter studio, the generators. 10. The Florida Association of Broadcasters broadcast seamlessly shifted to the Lou- ‘‘(3) NEWS GATHERING EMPLOYEES.—This 11. The Georgia Association of Broadcasters isiana State University Manship School of subsection shall not apply to news gathering 12. The Hawaii Association of Broadcasters Mass Communications in Baton Rouge, employees or agents of a first response 13. The Idaho State Broadcasters Association which WWL-TV had chosen as an alternative broadcaster.’’. 14. The Illinois Broadcasters Association broadcast site in early 2004. Half of the news- (d) GUIDELINES FOR PRESS.— 15. The Indiana Broadcasters Association room worked from that location while the (1) DEFINITIONS.—In this subsection— 16. The Iowa Broadcasters Association other half stayed in New Orleans and worked (A) the term ‘‘credentialing authority’’ 17. The Kansas Association of Broadcasters from the station transmitter site. When it means a Federal, State, or local government 18. The Kentucky Broadcasters Association became apparent that lack of city services agency that— 19. The Louisiana Association of Broad- would keep us out of our undamaged station (i) issues press credentials; and casters for an extended time, we rented the Lou- (ii) permits and coordinates access to a 20. The Maine Association of Broadcasters isiana Public Broadcasting studios in Baton designated location or area on the basis of 21. The Maryland/DC/Delaware Broadcasters Rouge. Our signal was carried by satellite to possessing such press credentials; Association our New Orleans transmitter. (B) the term ‘‘press credential’’ means the 22. The Massachusetts Broadcasters Associa- WWL-TV informed viewers wherever they identification provided to news personnel to tion were. The commercial-free programming was identify such personnel as members of the 23. The Michigan Association of Broadcasters broadcast from our transmitter, simulcast press; and 24. The Minnesota Broadcasters Association on radio, streamed on our website and seen (C) the term ‘‘news personnel’’ includes a 25. The Mississippi Association of Broad- statewide on Louisiana’s public broadcasting broadcast journalist or technician, news- casters channel. Satellite feeds of our coverage were paper or periodical reporter, photojournalist, 26. The Missouri Broadcasters Association rebroadcast by stations from Texas to New and member of a similar professional field 27. The Montana Broadcasters Association England, and other areas housing evacuees. whose primary interest in entering the dis- 28. The Nebraska Broadcasters Association Our parent company, Belo Corp., and its af- aster area is to gather information related to 29. The Nevada Broadcasters Association filiated stations provided major support. the disaster for wider publication or broad- 30. The New Hampshire Association of Broad- Corporate staff worked to provide commu- cast. casters nications, housing, fuel, food and clothing (2) ACCESS TO DISASTER AREA.—For pur- 31. The New Jersey Broadcasters Association for displaced WWL-TV employees. Satellite poses of permitting and coordinating access 32. The New Mexico Broadcasters Associa- News Gathering trucks from Belo stations by news personnel to a disaster area— tion began moving in shortly after the storm first (A) any State or local government agency 33. The New York State Broadcasters Asso- entered the Gulf of Mexico. The stations also that serves as the primary credentialing au- ciation sent news, production and technical staff to thority for that disaster area before the date 34. The North Carolina Association of Broad- help as WWL covered the storm of the cen- of the applicable major disaster shall remain casters tury. the primary credentialing authority during 35. The North Dakota Broadcasters Associa- and after that major disaster, unless— tion [From KPLC-TV—Lake Charles, LA] (i) the State or local government agency 36. The Ohio Association of Broadcasters (By General Manager Jim Serra) voluntarily relinquishes the ability to serve 37. The Oklahoma Association of Broad- KPLC’s non-stop coverage of the approach, as primary credentialing authority to an- casters passage, and aftermath of Hurricane Rita other agency; or 38. The Oregon Association of Broadcasters began several days before the storm came (ii) the State or local government agency, 39. The Pennsylvania Association of Broad- ashore just south of Lake Charles and ex- in consultation with appropriate Federal dis- casters tended for two weeks until the region was re- aster response agencies, assigns certain du- 40. The Rhode Island Broadcasters Associa- opened to evacuees. ties, including primary credentialing author- tion Throughout the storm, KPLC never lost its ity, to the Federal Emergency Management 41. The South Carolina Broadcasters Associa- broadcast signal, and maintained full cov- Agency or another appropriate Federal, tion erage including live streaming video on its State, or local government agency; and 42. The South Dakota Broadcasters Associa- website. Evacuated citizens of Southwest (B) the Federal Emergency Management tion Louisiana, even those who fled far from the Agency and other appropriate Federal dis- 43. The Tennessee Association of Broad- station’s broadcast signal, never lost touch aster response agencies operating in a dis- casters with local emergency information from their aster area shall permit and coordinate news 44. The Texas Association of Broadcasters community personnel access to the disaster area con- 45. The Utah Broadcasters Association Upon its approach, Rita was the strongest sistent with the access guidelines deter- 46. The Vermont Association of Broadcasters hurricane ever recorded in the Gulf. Based on mined by the primary credentialing author- 47. The Virginia Association of Broadcasters the anticipated threat of wind damage and ity for that disaster area. 48. The Washington State Association of flooding, 25 KPLC employees rode out the (3) CATASTROPHIC INCIDENT ACCESS.—In the Broadcasters hurricane in a makeshift studio in the more event of a catastrophic incident (as that 49. The West Virginia Broadcasters Associa- secure confines of nearby CHRISTUS-St. term is defined in section 501 of the Home- tion Patrick Hospital. Hospital employees be- land Security Act of 2002 (6 U.S.C. 311)) that 50. The Wisconsin Broadcasters Association came our partners in the storm coverage. leaves a State or local primary credentialing 51. The Wyoming Association of Broad- After the hurricane, KPLC produced a DVD authority unable to execute the duties of casters documentary on Rita, donating nearly that credentialing authority described under 52. Calcasieu Parish (La.) Sherriff Tony $50,000 in proceeds to the St. Patrick Foun- paragraph (2) or to effectively communicate Mancuso dation. As a result of this partnership, CMN

VerDate Aug 31 2005 03:59 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.109 S25APPT1 hmoore on PRODPC68 with HMSENATE S5110 CONGRESSIONAL RECORD — SENATE April 25, 2007 (Children’s Miracle Network) awarded KPLC New York City, those challenges were espe- always on and it’s always on when you need and St. Patrick Hospital their national com- cially difficult. The nation had never been it.’’ munity service award. attacked on this scale at home. Modern tele- It was on at 7:30 a.m. Monday, when the KPLC’s coverage was simulcast on mul- vision journalists had a critical role in com- winds ripped into town, snapping utility tiple local radio stations. It was also aug- municating what had happened and what it poles, blowing trees into houses and col- mented by the efforts of several television meant. lapsing power lines in the streets. Soon, the stations within Louisiana and beyond. As journalists in the nation’s capital, our switchboard at WJJR’s studios in a down- responsibilities were two-fold: to report rap- town office building began lighting up. [From WLOX-TV—Biloxi, MS] idly changing developments amidst an un- The calls came from New York, Vermont (By News Director Dave Vincent) certain and frightening environment, and to and New Hampshire. For more than 12 days, WLOX employees keep the community and ourselves safe and banded together & provided exceptional cov- informed. Don called to say a front window in his erage of Hurricane Katrina despite personal The day of the initial attack was chaotic. Victorian home had ‘‘imploded.’’ Michelle danger & ultimately great personal loss. Our ability to provide crucial public safety from West Rutland called to say she had no WLOX News broadcast 24/7 for 12 days deliv- information to the community depended power and no telephone service. Millie’s ering life saving information to the people of upon our access to key officials, locations power was out, and her back yard was full of South Mississippi. Our news coverage went and events, along with the ability to be mo- fallen trees. wall to wall when it became apparent that bile when necessary. ‘‘It’s horrible. It hit my ex-husband’s car,’’ Hurricane Katrina would gravely impact Our efforts were severely hampered when she said. South Mississippi. Katrina’s winds & deadly our portable Nextel radios, our cell phones, and our landline phones went down. News- ‘‘A lot of women would be happy if it hit 30 foot plus tidal surge did not stop our cov- their ex-husband’s car,’’ Jaye replied. erage. Neither did her massive path of de- room decision makers were unable to com- struction nor her impact on our TV station. municate with reporters and photographers Some people called to pass on information We continued to broadcast even when for some time. about impassable streets. One was looking Katrina ripped off our newsroom roof, de- Our field teams were on site and on air for for a pet hotel. Another warned about the stroyed another wing of our station, toppled hours, sometimes days at a time. In order to hazards of operating a generator indoors. one of our TV towers, wiped out our Jackson sustain that coverage, we used couriers to Jaye, 52, a veteran radio personality with a & Hancock County news bureaus & forced us shuttle food, water and supplies. Due to road soothing voice and the patience of a traffic in the main station to evacuate to a safer closures and other limitations, that task be- cop, was in his element. came extremely difficult. section of our building. ‘‘I had a lady call about a generator, which At every location, we were forced to pro- There is no doubt that without the coura- she needed for her husband’s oxygen tank,’’ vide several pieces of identification, and at geous action of WLOX employees many more he said Tuesday, taking a break from the times were turned away from critical places. lives would have been lost in this, the worst microphone. ‘‘A friend of hers called the next It is important to note that in a time of natural disaster to hit our county. In addi- morning to tell us that within 40 minutes of great chaos and danger, our role as journal- tion, we have been told by many viewers that call, a man from Springfield was on his ists contributes to the solution. We cannot that we were their only life line during the way to her house with a generator. You hear provide a service to the community without height of the storm & in those first days stuff like that and go ‘How cool is that?’’’ after Katrina, when our community was dev- the cooperation and support of governing ju- ‘‘That’s as important as it gets,’’ he said. astated & very much like a third world coun- risdictions. try. The only breaks came when there were stu- Here is an excerpt from one letter: ‘‘During WITH POWER OUT, LOCAL RADIO STATION dio guests. Mayor Christopher Louras, Fire the storm we ran our small generator a few BECOMES VOICE IN THE DARK Chief Robert Schlachter, police Officer Tim hours a day. Your station was the only one (By John Curran, Associated Press Writer, Tuttle and utility company spokesman Steve we could count on to have news when we Apr. 21, 2007) Costello all made appearances, eager to get word out about the condition of the city and could see it. God Bless all of you for being RUTLAND, VT.—Some of them needed gen- there for all of us.’’ Scott and Lori Lasher of erators, others kerosene. Some wanted to the severity of the outages. Carnes, Mississippi Sept 16, 2005. know how many others were in the dark, or ‘‘We have 1,000 trees down,’’ said Here is one other letter: ‘‘First of all, I which streets were passable. Some just need- Schlachter, asking callers not to bother re- would like to commend you on an AWE- ed to hear a voice. porting downed trees that posed no hazard. SOME JOB!! Your coverage of Hurricane ‘‘This is Glendora,’’ one caller said. ‘‘I’m a ‘‘If it’s against a car, or you see arcing and Katrina and her aftermath was and con- little nervous. The laundromat across my sparking or someone in a car, let us know.’’ tinues to be superb! Thanks for giving us window here, the whole sign just completely All that day and into Tuesday, as utility here in South Mississippi some semblance of came out of its case off and is flying over the crews raced to address downed power lines normalcy during such a teffifying time.’’ street right now.’’ and crippled substations, lines remained Doyla Ashe, Poplarville, MS Sept., 16 2005. The power was out, she told Terry Jaye, open. During our coverage, we were the source of who was taking calls on WJJR. Her house Sometimes, the information they got was information for our community. We told peo- was shaking from the high winds and it had erroneous, and later corrected. Rutland Re- ple where to find shelter, where to find food no heat. She didn’t know who else to call. gional Medical Center was said to be open & medicine & other needed supplies. To in- ‘‘Only thing I have is my CD disc radio, lis- only for emergencies; soon after, Jaye cor- sure that life saving information reached our tening to you guys, and a cell phone,’’ she rected himself, saying anyone with an ap- community we reached out to all the radio said. pointment there should go to it, groups on the coast & they carried our sig- When a ferocious nor’easter blew chaos nal. Also the local newspaper contacted us & into Rutland last Monday, she and others And there were callers like the one from we put many of their reporters on the air. turned to WJJR. With the lights out, tele- Forest Dale, who lost power and reported The local FOX affiliate even carried our sig- visions silenced and personal computers pow- winds howling ‘‘like a train’’ outside his nal for a few days. After Katrina knocked erless, the 50,000-watt local radio station home but appreciated having someone on the out our ability to stream our continual cov- shucked its adult contemporary music for- air. erage on our web site, our sister stations in mat and turned over its airwaves to lis- ‘‘Boy, this is a real case for having radio the Liberty chain took over the postings & teners, giving and getting information about stations that are staffed by actual live peo- helped us keep thousands of evacuees in- problems big and small. ple. Thanks to you guys for getting into formed through wlox.com. It wasn’t the first time local radio proved work and getting on the air,’’ he told Jaye. Hurricane Katrina left thousands of people itself the go-to medium in time of crisis. On Tuesday afternoon, WJJR started eas- homeless & forever changed the face of our It happened when ice storms ravaged community. Our station is a reflection of the ing back into its normal format, as power northern New England in 1998, it happened began returning to many of the 50,000 homes community in which we live & work. At when Katrina devastated the Gulf Coast in least 12 of our employees lost everything. and businesses in Rutland and elsewhere 2005, it happened Monday after 70 mph winds that had lost it. Another 60 had significant damage to their from a nor’easter blew chaos into this small homes. Everyone suffered some loss. Yet our Vermont city. Brian Collamore, 56, of sister station employees continued to work putting the When the lights go out and Google is un- WSYB, also worked the impromptu storm-a- safety & welfare of their community above available, radio is. thon with Jaye and studio sidekick Nanci their personal situation. ‘‘Part of it goes back to the technology,’’ Gordon. He called situations like it the rea- said former radio news director Suzanne son he got into radio in the first place. [From WRC–TV—Washington, DC] Goucher, president of the Maine Association ‘‘Satellite radio can’t do this. TV can’t do (By News Director Vicki Burns) of Broadcasters. ‘‘People aren’t likely to this. The Internet can’t do this. When push September 11th 2001 presented broadcast have battery-powered TVs in their home, but comes to shove, and you’re in a situation journalists with unforeseen and unprece- everybody’s got a car radio. What you’re left like this, this is the only medium that can dented challenges. In Washington DC and with is the old reliable standby of radio. It’s do this,’’ he said.

VerDate Aug 31 2005 03:59 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.142 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5111 [From the Honolulu Star-Bulletin, Oct. 16, Photos were also sent to KITV, which in- and minor cuts from the glass. When she 2006] serted some of them into the streaming walked outside, something was missing. 2 STATIONS TAKE REAL-TIME LEAD—KSSK newscast. ‘‘Where is our car-’’ she asked. RADIO AND KITV BECOME THE PRIMARY KITV General Manager Mike Rosenberg The wind snatched the Black’s 2005 Mazda SOURCES FOR THE LATEST NEWS AFTER THE said that anchor Pamela Young started it off Tribute and tossed it into a back room of the QUAKES around 8:15 a.m. from the update desk, with house. Paula Akana and Shawn Ching joining later. A few days later, a relative sent an e-mail (By Gary C.W. Chun) ‘‘Coincidentally, we were in the process of to WDHN, letting management know Dee’s Soon after the earthquakes hit yesterday doing emergency continuity planning, in report spurred the family to act. morning, ‘‘the coconut wireless’’ kicked into light of what happened to our sister Hearst- Black and Dee met for the first time Tues- high gear at KSSK radio, getting out the Argyle-owned station in New Orleans after day at the Henderson Street home. Black news as quickly as possible to anxious local Hurricane Katrina,’’ said Rosenberg. ‘‘We re- cried and her hands trembled as she em- listeners. alized that even though we’re not on the air, braced Dee. At another building, KITV was using the we could start streaming our newscast on ‘‘If it hadn’t been for you, we would have Internet to stream its newscast on its Web the Internet.’’ been dead. I know it,’’ she said. site to a worldwide audience. CNN’s pipeline premium subscriber service Dee walked through the destroyed home as The key for such rapid response: backup even picked up the KITV Webcast for further Black showed him where the family huddled generators. distribution on the Net. to avoid the storm. Also, KSSK is the state’s designated emer- Managing Editor Brent Suyama said that ‘‘You talk about it on television, but when gency action system radio station, connected the station’s site would easily approach 1 you see it first-hand, it brings it home,’’ Dee to the state Civil Defense, and is expected to million hits yesterday. ‘‘I’ve already re- said. ‘‘Just the fact we were able to make a stay on the air. ceived dozens of e-mails from people every- difference means something. When I got that Popular morning personalities Michael W. where thanking us for doing this. I even re- e-mail on my desk and read it, I just welled Perry and Larry Price took over the micro- ceived one as far as South Africa from a man up.’’ phones around 9 a.m., relieving on-air per- who wanted to check on his mom.’’ Workers will tear down what is left of sonality Kathy Nakagawa and director of Black’s home soon, but she plans to rebuild programming Paul Wilson, who broke into [From the Dotham Eagle, Mar. 14, 2007] there. recorded public-service programming an ‘‘No tornado is going to move us away,’’ TV WEATHER REPORT SAVES LIFE hour earlier. she said. ‘‘When it’s something of this magnitude, (By Lance Griffin) it’s Perry-and-Price time,’’ Nakagawa said. ENTERPRISE.—The sound of a backhoe mov- By Mr. BROWNBACK (for him- With the help of their listener ‘‘posse,’’ the ing debris next door rumbled as Gwen Black self, Mr. SMITH and Ms. COL- familiar duo were the voices for the con- stood outside what is left of her Henderson LINS): stantly flowing information, staying on the Street home. S.J. Res. 12. A joint resolution pro- air for most of the day. Nakagawa and Wil- A blue Enterprise High School stadium son hung around to help. ‘‘It feels great to be cushion rests in a tree in her yard. It is one viding for the recognition of Jerusalem here,’’ Nakagawa said. ‘‘Those two are such a of the few trees left standing in this neigh- as the undivided capital of Israel before reassuring presence, just passing on the info borhood. An American flag flies from one of the United States recognizes a Pales- to the public as we get it.’’ its branches. tinian state, and for other purposes; to ‘‘Everyone’s working well in crisis mode,’’ She still has moments when the tears the Committee on Foreign Relations. Wilson said. come. This is one of them. It is almost two Mr. BROWNBACK. Mr. President, I ‘‘And everyone on staff that was needed weeks after the March 1 tornado, but every- ask unanimous consent that the text of came in on their own,’’ Nakagawa said. thing around her is a reminder of that ter- the joint resolution be printed in the ‘‘I’m planning to stay put till the power is rible afternoon. restored,’’ said Hawaii National Guard public ‘‘I’ll be glad when they knock this house RECORD. relations officer Maj. Chuck Anthony, who down so I don’t have to see it anymore,’’ she There being no objection, the joint was at the KSSK studios. ‘‘Coincidentally, said. resolution was ordered to be printed in the Guard is on drill weekend, with about But Black is alive. She doesn’t know how the RECORD, as follows: 5,000 at the ready at duty stations and ar- long she spent in the hall of her modest S.J. RES. 12 mories. We’re just waiting to get damage as- brick house. Sometimes, it feels like sec- Resolved by the Senate and House of Rep- sessment teams assembled.’’ onds, sometimes, hours. What she does know resentatives of the United States of America in Simulcasting on most of the other Clear is a television weather alert saved her life Congress assembled, Channel-owned stations, chief engineer Dale along with the lives of most of her family. Machado, looking at all the activity around Black, her three grandchildren, younger SECTION 1. SHORT TITLE. him, said ‘‘when something like this hap- sister and her son were home watching tele- This joint resolution may be cited as the pens, it’s back to basics. You dig out your vision that afternoon when Dothan tele- ‘‘Jerusalem Resolution’’. transistor radio and turn it on for the news.’’ vision station WDHN interrupted program- SEC. 2. FINDINGS. Regular morning newscaster Julia Norton- ming for a special weather bulletin. A tor- Congress makes the following findings: Dennis and assistant Gina Garcia were bus- nado had been spotted on the ground in En- (1) Jerusalem has been the capital of the ily screening phone calls in the adjoining terprise. Meteorologist Greg Dee warned Jewish people for 3,000 years. room to the on-air studio, occasionally typ- residents. (2) Jerusalem has never been the capital ing up messages to send to Perry and Price ‘‘I just remember him saying ‘Enterprise, for any other state other than for the Jewish for their immediate attention. Announce- take cover now,’’’ Black recalled. people. ments about the cancellation and postpone- Black and the others were in the living (3) Jerusalem is central to Judaism and is ment of scheduled events and airline flights, room at the front of the house. She ordered cited in the Tanach, the Hebrew Bible, 766 the occasional emergency tip and the inevi- everyone to the home’s interior hallway. She times. table ‘‘will there be school tomorrow?’’ were held the remote control in her hand and (4) Jerusalem is not mentioned by name in all taken care of on air. turned up the volume as she backed into the the Koran. Gov. Linda Lingle called the station hall. (5) Every sovereign nation has the right to around 1 p.m. for her latest assessment of At the same time, the twister was ravaging designate its own capital. the disaster that struck especially close to Enterprise High School. Black’s home sits (6) Jerusalem is the seat of the Govern- her, having stayed at the Mauna Lani Bay across the street from the football stadium. ment of Israel, including the President, the Hotel in Kohala the previous night. She and her husband bought the house last parliament, and the Supreme Court. JUST AS KSSK was able to stream its July, the first house they ever bought to- (7) United States law states as a matter of audio on its Web site, KITV was doing the gether. United States policy that Jerusalem should same thing, albeit with the additional help ‘‘That’s when the power went out and the be the undivided capital of Israel. of its news staff and technicians. roof blew off,’’ she said. (8) Israel is the only country in which the KHON and KGMB were unable to stream Black said she remembers reaching her United States neither maintains an embassy their newscasts, although they did broadcast arms around her grandchildren, trying to in the city designated as the capital by the newscasts and updates when power was protect them from flying glass and other de- host country nor recognizes such city as the available. bris tossed into their home. capital. KHNL/KFVE Internet coordinator Mike ‘‘We were screaming, yelling and crying,’’ (9) The citizens of Israel should be allowed Strong said that with the help of a fellow Black said. to worship freely and according to their tra- Raycom station in Tyler, Texas, they were When the storm passed, much of the home ditions. able to update information on its Web site was gone. The interior hall, however, re- (10) Israel supports religious freedom for and had set up a Yahoo! address to have peo- mained. Black said a fireman responded al- all faiths. ple send digital photos of quake damage and most immediately and took them to safety. (11) Relocating the United States Embassy information. Everyone was fine, other than a few scrapes in Israel from Tel Aviv to Jerusalem would

VerDate Aug 31 2005 03:59 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.144 S25APPT1 hmoore on PRODPC68 with HMSENATE S5112 CONGRESSIONAL RECORD — SENATE April 25, 2007 express the continued support of the United More than a million men and women sion and aid of the Native people in its vicin- States for Israel and for an undivided Jeru- work in the fire service in the United ity; salem. States. They respond to more than 22 Whereas Native Virginia people substan- (12) The year 2007 marks the 40th anniver- million emergencies every year, includ- tially aided the Jamestown colonists with sary of the reunification of Jerusalem. food and supplies at times that were crucial ing not only fires, but accidents, med- SEC. 3. LOCATION OF UNITED STATES EMBASSY to their survival; IN ISRAEL. ical emergencies, hazardous spills, and Whereas the Native people served as guides Not later than 180 days before recognizing terror attacks. to geography and natural resources, crucial a Palestinian state, the United States shall And each year, about 100 of these assistance in the Virginia colonists’ explo- move the United States Embassy in Israel brave firefighters die in the line of ration of the Chesapeake Region; from Tel Aviv to Jerusalem. duty, often in circumstances too terri- Whereas the Jamestown Settlement SEC. 4. RECOGNITION OF ISRAEL AS UNDIVIDED fying and agonizing for us to imagine. brought people from throughout the Atlantic CAPITAL OF ISRAEL. The sad toll in 2006 was 105 firefighters. Basin together to form a society that drew The United States shall not recognize a Recognizing the many dangers of our upon the strengths and characteristics of Palestinian state until the international English, European, African, and Native firefighters’ profession and the essen- American cultures; community resolves the status of Jerusalem tial public service that they selflessly by recognizing the city as the undivided cap- Whereas the economic, political, religious, ital of Israel. provide, Congress has taken practical and social institutions that developed during steps to ensure that firefighters possess the first 9 decades of the existence of James- SEC. 5. SENSE OF CONGRESS REGARDING FREE- DOM OF WORSHIP. the equipment and other resources town continue to have profound effects on It is the sense of Congress that the citizens needed to safely fulfill their many mis- the United States, particularly in English of Israel should be allowed, as a fundamental sions. For example, in 2001, Congress common law and language, cross cultural re- human right recognized by the United States created the Assistance to Firefighters lationships, manufacturing, and economic and United Nations General Assembly reso- structure and status; Grant Program, otherwise known as Whereas the National Park Service, the lution 181 of November 29, 1947, to worship the Fire Act Grants, which fire depart- freely and according to their traditions. Association for the Preservation of Virginia ments—including many in Maine—have Antiquities, and the Jamestown-Yorktown f used to buy much-needed equipment Foundation of the Commonwealth of Vir- and to fund training, health, and fit- ginia collectively own and operate signifi- SUBMITTED RESOLUTIONS ness programs. cant resources related to the early history of Congress has also taken symbolic Jamestown; steps to honor the brave firefighters Whereas, in 2000, Congress established the SENATE RESOLUTION 171—MEMO- who have died in the line of duty. Jamestown 400th Commemoration Commis- RIALIZING FALLEN FIRE- sion to ensure a suitable national observance Under the leadership of our retired col- FIGHTERS BY LOWERING THE of the Jamestown 2007 anniversary, and Con- league senator Paul Sarbanes, Congress UNITED STATES FLAG TO HALF- gress commends the Commission’s hard work established the non-profit National STAFF ON THE DAY OF THE NA- and dedication; Fallen Firefighters Foundation to TIONAL FALLEN FIREFIGHTER Whereas Congress reminds all Americans honor America’s fallen firefighters and of the importance of their country’s history MEMORIAL SERVICE IN EMMITS- to support their families. and founding at Jamestown; and BURG, MARYLAND The Foundation maintains the offi- Whereas the 2007 observance of the found- Ms. COLLINS (for herself, Mr. BIDEN, cial national memorial to fallen fire- ing of Jamestown commemorates the 400th Mr. MCCAIN, Ms. MIKULSKI, Mr. CAR- fighters in Emmitsburg, MD, and con- anniversary of the first permanent English colony in America: Now, therefore, be it PER, and Mr. DODD) submitted the fol- ducts an annual memorial weekend Resolved, That the Senate commemorates lowing resolution; which was referred that draws thousands of firefighters the 400th Anniversary of the founding of the to the Committee on the Judiciary: and the families from around the coun- colony Jamestown in 1607 and urges all S. RES. 171 try. Americans to honor this seminal event in Whereas 1,100,000 men and women comprise The memorial weekend, begun in our Nation’s history. the fire service in the United States; 1982, will be held this year October 5 f Whereas the fire service is considered one through 7, including a memorial serv- AMENDMENTS SUBMITTED AND of the most dangerous professions in the ice on Sunday, October 7. PROPOSED United States; The resolution I submit today would Whereas fire service personnel selflessly provide another demonstration of our SA 965. Mrs. MURRAY submitted an respond to over 22,500,000 emergency calls an- respect and appreciation for our fallen amendment intended to be proposed by her to the bill S. 761, to invest in innovation and nually, without reservation and with an un- firefighters. It would direct that flags wavering commitment to the safety of their education to improve the competitiveness of fellow citizens; on all Federal facilities would be low- the United States in the global economy. Whereas fire service personnel are the first ered to half-staff each year on the day SA 966. Mr. PRYOR (for himself and Mr. to respond to an emergency, whether it in- of the memorial service. COLEMAN) submitted an amendment intended volves a fire, medical emergency, spill of Our firefighters risk their lives every to be proposed by him to the bill S. 761, hazardous materials, natural disaster, act of day for their fellow citizens. It is fit- supra; which was ordered to lie on the table. terrorism, or transportation accident; and ting that we offer this simple but rich- SA 967. Mr. CHAMBLISS (for himself, Mr. Whereas approximately 100 fire service per- GRAHAM, and Mr. COCHRAN) submitted an ly symbolic tribute to all those fire- amendment intended to be proposed by him sonnel die annually in the line of duty: Now, fighters who have given their lives in therefore, be it to the bill S. 761, supra; which was ordered to Resolved, That this year, the United States our defense. lie on the table. SA 968. Mr. COLEMAN submitted an flags on all Federal facilities should be low- f amendment intended to be proposed by him ered to half-staff on the day of the National SENATE RESOLUTION 172—COM- to the bill S. 761, supra; which was ordered to Fallen Firefighters Memorial Service in Em- lie on the table. mitsburg, Maryland. MEMORATING THE 400TH ANNI- VERSARY OF THE SETTLEMENT SA 969. Mr. LEVIN (for himself, Ms. SNOWE, Ms. COLLINS. Mr. President. I rise OF JAMESTOWN Ms. STABENOW, Mr. KERRY, Mr. ROCKE- to submit Senate Resolution 171 to me- FELLER, and Mr. SCHUMER) submitted an morialize our country’s fallen fire- Mr. WARNER (for himself and Mr. amendment intended to be proposed by him fighters by lowering U.S. flags to half- WEBB) submitted the following resolu- to the bill S. 761, supra; which was ordered to staff each year on the day of National tion; which was considered and agreed lie on the table. to: SA 970. Mr. FEINGOLD submitted an Fallen Firefighters Memorial Service. amendment intended to be proposed by him S. RES. 172 As a co-chair of the Congressional to the bill S. 761, supra. Fire Services Caucus, it is my honor to Whereas the founding of the colony at SA 971. Ms. CANTWELL submitted an sponsor the tribute to some of Amer- Jamestown, Virginia, in 1607, the first per- amendment intended to be proposed by her ica’s bravest and most dedicated public manent English colony in America, and the to the bill S. 761, supra; which was ordered to capital of Virginia for 92 years, has major lie on the table. servants. I am pleased that Senators significance in the history of the United SA 972. Mr. BAYH submitted an amend- BIDEN, MCCAIN, MIKULSKI, CARPER, and States; ment intended to be proposed by him to the DODD have joined me in sponsoring this Whereas the Jamestown Settlement owed bill S. 761, supra; which was ordered to lie on resolution. its survival in large measure to the compas- the table.

VerDate Aug 31 2005 03:59 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.110 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5113 SA 973. Ms. SNOWE (for herself and Mr. specialized needs in mathematics and im- retary may require. Each such application LEVIN) submitted an amendment intended to proving student academic achievement in shall meet the following conditions: be proposed by her to the bill S. 761, supra. mathematics, a command of mathematical (A) A State educational agency shall not SA 974. Ms. LANDRIEU submitted an content knowledge, and the ability to work include the application for assistance under amendment intended to be proposed by her with classroom teachers to improve the this section in a consolidated application to the bill S. 761, supra; which was ordered to teachers’ instructional techniques to support submitted under section 9302 of the Elemen- lie on the table. mathematics improvement, who works on tary and Secondary Education Act of 1965 (20 SA 975. Ms. LANDRIEU submitted an site at a school— U.S.C. 7842). amendment intended to be proposed by her (A) to train teachers to better assess stu- (B) The State educational agency’s appli- to the bill S. 761, supra. dent learning in mathematics; cation shall include assurances that such ap- SA 976. Mr. WARNER (for himself, Mr. (B) to train teachers to assess students’ plication and any technical assistance pro- WEBB, Mr. SMITH, Mr. KERRY, and Mr. mathematics skills and identify students vided by the State will be guided by a peer PRYOR) submitted an amendment intended to who need remediation; and review team, which shall consist of— be proposed by him to the bill S. 761, supra; (C) to provide or assess remedial mathe- (i) researchers with expertise in the peda- which was ordered to lie on the table. matics instruction, including for— gogy of mathematics; SA 977. Mrs. MURRAY submitted an (i) students in after-school and summer (ii) mathematicians; and amendment intended to be proposed by her school programs; (iii) mathematics educators serving high- to the bill S. 761, supra. (ii) students requiring additional instruc- risk, high-achievement schools and eligible SA 978. Mr. COLEMAN submitted an tion; local educational agencies. amendment intended to be proposed by him (iii) students with disabilities; and (C) The State educational agency will par- to the bill S. 761, supra; which was ordered to (iv) students with limited English pro- ticipate, if requested, in any evaluation of lie on the table. ficiency. the State educational agency’s program SA 979. Mr. KENNEDY submitted an (3) SECONDARY SCHOOL.—The term ‘‘sec- under this section. amendment intended to be proposed by him ondary school’’ means a school that provides (D) The State educational agency’s appli- to the bill S. 761, supra; which was ordered to secondary education, as determined under cation shall include a program plan that con- lie on the table. State law. tains a description of the following: SA 980. Mr. ALEXANDER (for himself and (4) SECRETARY.—The term ‘‘Secretary’’ (i) How the State educational agency will Mr. BINGAMAN) submitted an amendment in- means the Secretary of Education. assist eligible local educational agencies in tended to be proposed by him to the bill S. (c) AUTHORIZATION OF APPROPRIATIONS.— implementing subgrants, including providing 761, supra. There are authorized to be appropriated to ongoing professional development for mathe- SA 981. Mr. LAUTENBERG (for himself and carry out this section $130,000,000 for fiscal matics coaches, teachers, paraprofessionals, Mr. COCHRAN) submitted an amendment in- year 2008 and such sums as may be necessary and administrators. tended to be proposed by him to the bill S. for each of the 3 succeeding fiscal years. (ii) How the State educational agency will 761, supra; which was ordered to lie on the (d) GRANTS AUTHORIZED.— help eligible local educational agencies iden- table. (1) IN GENERAL.—From funds appropriated tify high-quality screening, diagnostic, and under subsection (c) for a fiscal year, the classroom-based instructional mathematics f Secretary shall establish a program, in ac- assessments. TEXT OF AMENDMENTS cordance with the requirements of this sec- (iii) How the State educational agency will tion, that will provide grants on a competi- help eligible local educational agencies iden- SA 965. Mrs. MURRAY submitted an tive basis to State educational agencies to tify high-quality research-based mathe- amendment intended to be proposed by award grants and subgrants to eligible local matics materials and programs. her to the bill S. 761, to invest in inno- educational agencies for the purpose of es- (iv) How the State educational agency will vation and education to improve the tablishing mathematics programs to im- help eligible local educational agencies iden- competitiveness of the United States in prove the overall mathematics performance tify appropriate and effective materials, pro- the global economy; as follows: of secondary school students in the State. grams, and assessments for students with (2) LENGTH OF GRANT.—A grant to a State disabilities and students with limited At the end of title II of division C, insert educational agency under this section shall English proficiency. the following: be awarded for a period of 4 years. (v) How the State educational agency will SEC. 3202. MATH SKILLS FOR SECONDARY (e) RESERVATION OF FUNDS BY THE SEC- ensure that professional development funded SCHOOL STUDENTS. RETARY.—From amounts appropriated under under this section— (a) The purposes of this section are— subsection (c) for a fiscal year, the Secretary (I) is based on mathematics research; (1) to provide assistance to State edu- may reserve— (II) will effectively improve instructional cational agencies and local educational (1) not more than 3 percent of such practices for mathematics for secondary agencies in implementing effective research- amounts to fund national activities in sup- school students; based mathematics programs for students in port of the programs assisted under this sec- (III) will improve student academic secondary schools, including students with tion, such as research and dissemination of achievement in mathematics; and disabilities and students with limited best practices, except that the Secretary (IV) is coordinated with professional devel- English proficiency; may not use the reserved funds to award opment activities funded through other pro- (2) to improve instruction in mathematics grants directly to local educational agencies; grams, including section 2113 of the Elemen- for students in secondary school through the and tary and Secondary Education Act of 1965 (20 implementation of mathematics programs (2) not more than 1⁄2 of 1 percent of such U.S.C. 6613). and the support of comprehensive mathe- amounts for the Bureau of Indian Education (vi) How funded activities will help teach- matics initiatives that are based on the best of the Department of the Interior to carry ers and other instructional staff to imple- available evidence of effectiveness; out the services and activities described in ment research-based components of mathe- (3) to provide targeted help to low-income subsection (l)(3) for Indian children. matics instruction and improve student aca- students who are struggling with mathe- (f) GRANT FORMULAS.— demic achievement. matics and whose achievement is signifi- (1) COMPETITIVE GRANTS TO STATE EDU- (vii) The subgrant process the State edu- cantly below grade level; and CATIONAL AGENCIES.—From amounts appro- cational agency will use to ensure that eligi- (4) to provide in-service training for math- priated under subsection (c) and not reserved ble local educational agencies receiving sub- ematics coaches who can assist secondary under subsection (e), the Secretary shall grants implement programs and practices school teachers to utilize research-based award grants, on a competitive basis, to based on mathematics research. mathematics instruction to develop and im- State educational agencies to enable the (viii) How the State educational agency prove students’ mathematical abilities and State educational agencies to provide sub- will build on and promote coordination knowledge, and assist teachers in assessing grants to eligible local educational agencies among mathematics programs in the State and improving student academic achieve- to establish mathematics programs for the to increase overall effectiveness in improv- ment. purpose of improving overall mathematics ing mathematics instruction and student (b) DEFINITIONS.—In this section: performance among students in secondary academic achievement, including for stu- (1) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— school in the State. dents with disabilities and students with The term ‘‘eligible local educational agency’’ (2) MINIMUM GRANT.—The Secretary shall limited English proficiency. means a local educational agency that is eli- ensure that the minimum grant made to any (ix) How the State educational agency will gible to receive funds, and that is receiving state educational agency under this section regularly assess and evaluate the effective- funds, under part A of title I of the Elemen- shall be not less than $500,000. ness of the eligible local educational agency tary and Secondary Education Act of 1965 (20 (g) APPLICATIONS.— activities funded under this section. U.S.C. 6311 et seq.). (1) IN GENERAL.—In order to receive a grant (h) STATE USE OF FUNDS.—Each State edu- (2) MATHEMATICS COACH.—The term ‘‘math- under this section, a State educational agen- cational agency receiving a grant under this ematics coach’’ means a certified or licensed cy shall submit an application to the Sec- section shall— teacher, with a demonstrated effectiveness retary at such time, in such manner, and ac- (1) establish a peer review team comprised in teaching mathematics to students with companied by such information as the Sec- of researchers with expertise in the pedagogy

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of mathematics, mathematicians, and math- (A) IN GENERAL.—Each eligible local edu- (B) Reviewing, analyzing, developing, and, ematics educators from high-risk, high- cational agency desiring a subgrant under where possible, adapting curricula to make achievement schools, to provide guidance to this subsection shall submit an application sure mathematics skills are taught within eligible local educational agencies in select- to the State educational agency in the form other core academic subjects. ing or developing and implementing appro- and according to the schedule established by (C) Providing mathematics professional de- priate, research-based mathematics pro- the State educational agency. velopment for all relevant teachers in sec- grams for secondary school students; (B) CONTENTS.—In addition to any informa- ondary school, as necessary, that addresses (2) use 80 percent of the grant funds re- tion required by the State educational agen- both remedial and higher level mathematics ceived under this section for a fiscal year to cy, each application under paragraph (1) skills for students in the applicable cur- fund high-quality applications for subgrants shall demonstrate how the eligible local edu- riculum. to eligible local educational agencies having cational agency will carry out the following (D) Providing professional development for applications approved under subsection (l); required activities: teachers, administrators, and paraprofes- and (i) Development or selection and imple- sionals serving secondary schools to help the (3) use 20 percent of the grant funds re- mentation of research-based mathematics teachers, administrators, and paraprofes- ceived under this section— assessments. sionals improve student academic achieve- (A) to carry out State-level activities de- (ii) Development or selection and imple- ment in mathematics. scribed in the application submitted under mentation of research-based mathematics (E) Procuring and implementing programs subsection (g); programs, including programs for students and instructional materials based on mathe- (B) to provide— with disabilities and students with limited matics research, including software and (i) technical assistance to eligible local English proficiency. other education technology related to math- educational agencies; and (iii) Selection of instructional materials ematics instruction with demonstrated effec- (ii) high-quality professional development based on mathematics research. tiveness in improving mathematics instruc- to teachers and mathematics coaches in the (iv) High-quality professional development tion and student academic achievement. State; for mathematics coaches and teachers based (F) Building on and promoting coordina- (C) to oversee and evaluate subgrant serv- on mathematics research. tion among mathematics programs in the el- ices and activities undertaken by the eligible (v) Evaluation and assessment strategies. igible local educational agency to increase local educational agencies as described in (vi) Reporting. overall effectiveness in— subsection (l)(3); and (vii) Providing access to research-based (i) improving mathematics instruction; (D) for administrative costs, of which not mathematics materials. and more than 5 percent of the grant funds may (C) CONSORTIA.—Consistent with State law, (ii) increasing student academic achieve- be used for planning, administration, and re- an eligible local educational agency may ment, including for students with disabilities porting. apply to the State educational agency for a and students with limited English pro- (i) NOTICE TO ELIGIBLE LOCAL EDUCATIONAL subgrant as a member of a consortium of ficiency. AGENCIES.—Each State educational agency local educational agencies if each member of (G) Evaluating the effectiveness of the in- receiving a grant under this section shall the consortium is an eligible local edu- structional strategies, teacher professional provide notice to all eligible local edu- cational agency. development programs, and other interven- cational agencies in the State about the (2) AWARD BASIS.— tions that are implemented under the availability of subgrants under this section. (A) PRIORITY.—A State educational agency subgrant; and (j) PROHIBITIONS.— (H) Measuring improvement in student (1) IN GENERAL.—In implementing this sec- awarding subgrants under this subsection shall give priority to eligible local edu- academic achievement, including through tion, the Secretary shall not— progress monitoring or other assessments. (A) endorse, approve, or sanction any cational agencies that— (4) SUPPLEMENT NOT SUPPLANT.—Each eligi- mathematics curriculum designed for use in (i) are among the local educational agen- cies in the State with the lowest graduation ble local educational agency receiving a any school; or subgrant under this subsection shall use the (B) engage in oversight, technical assist- rates, as described in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education subgrant funds to supplement, not supplant, ance, or activities that will require the adop- the eligible local educational agency’s fund- tion of a specific mathematics program or Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)); and (ii) have the highest number or percentage ing for activities authorized under this sec- instructional materials by a State, local tion or for other educational activities. educational agency, or school. of students who are counted under section 1124(c) of the Elementary and Secondary (5) NEW SERVICES AND ACTIVITIES.— (2) CONFLICT OF INTEREST.—Any federal em- Subgrant funds provided under this sub- ployee, contractor, or subcontractor in- Education Act of 1965 (20 U.S.C. 6333(c)). (B) AMOUNT OF GRANTS.—Subgrants under section may be used only to provide services volved in the administration, implementa- and activities authorized under this section tion, or provision of oversight or technical this subsection shall be of sufficient size and scope to enable eligible local educational that were not provided on the day before the assistance duties or activities under this sec- date of enactment of this Act. tion shall— agencies to fully implement activities as- sisted under this subsection. (6) EVALUATIONS.—Each eligible local edu- (A) disclose to the Secretary any financial cational agency receiving a grant under this ties to publishers, entities, private individ- (3) LOCAL USE OF FUNDS.—Each eligible local educational agency receiving a subsection shall participate, as requested by uals, or organizations that will benefit from the State educational agency or the Sec- funds provided under this section; and subgrant under this subsection shall use the subgrant funds to carry out, at the sec- retary, in reviews and evaluations of the pro- (B) be prohibited from maintaining signifi- grams of the eligible local educational agen- cant financial interests in areas directly re- ondary school level, the following services and activities: cy and the effectiveness of such programs, lated to duties or activities under this sec- and shall provide such reports as are re- tion, unless granted a waiver by the Sec- (A) Hiring mathematics coaches and pro- viding professional development for mathe- quested by the State educational agency and retary. the Secretary. (3) REPORTING.—The Secretary shall report matics coaches— (m) MATCHING REQUIREMENTS.— annually to the Committee on Health, Edu- (i) at a level to provide effective coaching (1) STATE EDUCATIONAL AGENCY REQUIRE- cation, Labor, and Pensions of the Senate, to classroom teachers; MENTS.—A State educational agency that re- and the Committee on Education and Labor (ii) to work with classroom teachers to ceives a grant under this section shall pro- of the House of Representatives, on each of better assess student academic achievement vide, from non-Federal sources, an amount the waivers granted under paragraph (2)(B). in mathematics; equal to 50 percent of the amount of the (4) RULE OF CONSTRUCTION.—Nothing in this (iii) to work with classroom teachers to grant, in cash or in-kind, to carry out the ac- section shall be construed to authorize or identify students with mathematics prob- tivities supported by the grant, of which not permit the Secretary, Department of Edu- lems and, where appropriate, refer students more than 20 percent of such 50 percent may cation, or a Department of Education con- to available programs for remediation and be provided by local educational agencies tractor, to mandate, direct, control, or sug- additional services; within the State. gest the selection of a mathematics cur- (iv) to work with classroom teachers to di- (2) WAIVER.—The Secretary may waive all riculum, supplemental instructional mate- agnose and remediate mathematics difficul- or a portion of the matching requirements rials, or program of instruction by a State, ties of the lowest-performing students, so described in paragraph (1) for any fiscal year, local educational agency, or school. that those teachers can provide intensive, re- if the Secretary determines that— (k) SUPPLEMENT NOT SUPPLANT.—Each search-based instruction, including during State educational agency receiving a grant after-school and summer sessions, geared to- (A) the application of the matching re- under this section shall use the grant funds ward ensuring that those students can access quirement will result in serious hardship for to supplement, not supplant, State funding and be successful in rigorous academic the State educational agency; or for activities authorized under this section coursework; and (B) providing a waiver best serves the pur- or for other educational activities. (v) to assess and organize student data on pose of the program assisted under this sec- (l) SUBGRANTS TO ELIGIBLE LOCAL EDU- mathematics and communicate that data to tion. CATIONAL AGENCIES.— school administrators to inform school re- (n) PROGRAM PERFORMANCE AND ACCOUNT- (1) APPLICATION.— form efforts. ABILITY.—

VerDate Aug 31 2005 03:59 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.116 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5115 (1) INFORMATION.—Each State educational (2) the term ‘‘eligible entity’’ means a SA 969. Mr. LEVIN (for himself, Ms. agency receiving a grant under this section grantee under the SBIR Program that pro- SNOWE, Ms. STABENOW, Mr. KERRY, Mr. shall collect and report to the Secretary an- vides an internship program for STEM col- ROCKEFELLER, and Mr. SCHUMER) sub- nually such information on the results of the lege students; mitted an amendment intended to be grant as the Secretary may reasonably re- (3) the terms ‘‘Phase I’’ and ‘‘Phase II’’ proposed by him to the bill S. 761, to quire, including information on— mean Phase I and Phase II grants under the (A) mathematics achievement data that SBIR Program, respectively; invest in innovation and education to show the progress of students participating (4) the term ‘‘pilot program’’ means the improve the competitiveness of the in projects under this section (including, to SBIR–STEM Workforce Development Grant United States in the global economy; the extent practicable, comparable data Pilot Program established under subsection which was ordered to lie on the table; from students not participating in such (b); as follows: projects), based primarily on the results of (5) the term ‘‘SBIR Program’’ has the On page 47, after line 23, add the following: State, school districtwide, or classroom- meaning given that term in section 9(e) of SEC. 1407. ADVANCED TECHNOLOGY PROGRAM. based monitoring reports or assessments, in- the Small Business Act (15 U.S.C. 638(e)); and (a) AUTHORIZATION OF APPROPRIATIONS.—Of cluding— (6) the term ‘‘STEM college student’’ the amounts appropriated pursuant to sec- (i) specific identification of those schools means a college student in the field of tion 1401— and eligible local educational agencies that science, technology, engineering, or math. (1) $65,000,000 shall be available in fiscal report the largest gains in mathematics (b) PILOT PROGRAM ESTABLISHED.—From year 2008 for new grants or contracts through achievement; and amounts made available to carry out this the Advanced Technology Program author- (ii) evidence on whether the State edu- section, the Administrator shall establish an ized under section 28 of the Act of March 3, cational agency and eligible local edu- SBIR–STEM Workforce Development Grant 1901 (15 U.S.C. 278n); cational agencies within the State have— Pilot Program to encourage the business (2) $80,000,000 shall be available in fiscal (I) significantly increased the number of community to provide workforce develop- year 2009 for new grants or contracts de- students achieving at the proficient or ad- ment opportunities to STEM college stu- scribed in paragraph (1); vanced level on the State student academic dents, by providing an SBIR bonus grant to (3) $100,000,000 shall be available in fiscal achievement standards in mathematics eligible entities. year 2010 for new grants or contracts de- under section 1111(b)(1)(D)(ii) of the Elemen- (c) AWARDS.—A bonus grant to an eligible scribed in paragraph (1); and tary and Secondary Education Act of 1965 (20 entity under the pilot program shall be in an (4) $100,000,000 shall be available in fiscal U.S.C. 6311(b)(1)(D)(ii)); amount equal to 10 percent of either a Phase year 2011 for new grants or contracts de- (II) significantly increased the percentages I or Phase II grant, as applicable, with a scribed in paragraph (1). of students described in section total award maximum of not more than (b) ANNUAL REPORT.—Section 28 of the Act 1111(b)(2)(C)(v)(II) of the Elementary and $10,000 per year. of March 3, 1901 (15 U.S.C. 278n) is amended— Secondary Education Act of 1965 (20 U.S.C. (d) EVALUATION.—Following the fourth (1) by redesignating subsection (j) as sub- 6311(b)(2)(C)(v)(II)) who are achieving pro- year of funding under this section, the Ad- section (k); and ficiency or advanced levels on such State ministrator shall submit a report to Con- (2) by inserting after subsection (i) the fol- academic content standards in mathematics; gress on the results of the pilot program. lowing: (III) significantly increased the number of (e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(j) ANNUAL REPORT.—Not later than Feb- students making significant progress toward There are authorized to be appropriated to ruary 1 of each year, the Secretary, in con- meeting such State academic content and carry out this section— sultation with the Director, shall submit a achievement standards in mathematics; and (1) $1,000,000 for fiscal year 2008; report to Congress that describes— (IV) successfully implemented this section; (2) $1,000,000 for fiscal year 2009; ‘‘(1) the activities undertaken through the (B) the percentage of students in the (3) $1,000,000 for fiscal year 2010; and Program during the previous year; schools served by the eligible local edu- (4) $1,000,000 for fiscal year 2011. ‘‘(2) the status of all investments made in cational agency who enroll in advanced prior years and their impact on the economic mathematics courses in grades 9 through 12, SA 967. Mr. CHAMBLISS (for himself, competitiveness of the United States; and including the percentage of such students Mr. GRAHAM, and Mr. COCHRAN) sub- ‘‘(3) any other matters that the Director who pass such courses; and mitted an amendment intended to be determines to be appropriate.’’. (C) the progress made in increasing the quality and accessibility of professional de- proposed by him to the bill S. 761, to SA 970. Mr. FEINGOLD submitted an velopment and leadership activities in math- invest in innovation and education to amendment intended to be proposed by ematics, especially activities resulting in improve the competitiveness of the him to the bill S. 761, to invest in inno- greater content knowledge and expertise of United States in the global economy; vation and education to improve the teachers, administrators, and other school which was ordered to lie on the table; competitiveness of the United States in staff, except that the Secretary shall not re- as follows: the global economy; as follows: quire such information until after the third On page 8, line 2, insert ‘‘(including a part year of a grant awarded under this section. On page 164, strike lines 11 through 22 and B institution as defined in section 322 of the insert the following: (2) REPORTING AND DISAGGREGATION.—The Higher Education Act of 1965 (20 U.S.C. information required under paragraph (1) (C) PRIVACY AND ACCESS TO DATA.— 1061))’’ after ‘‘education’’. shall be— (i) IN GENERAL.—Each State that receives a On page 17, line 22, insert ‘‘(including a (A) reported in a manner that allows for a grant under subsection (c)(2) shall imple- part B institution as defined in section 322 of comparison of aggregated score differentials ment measures to— the Higher Education Act of 1965 (20 U.S.C. of student academic achievement before (to (I) limit the State’s use of information in 1061))’’after ‘‘academia’’. the extent feasible) and after implementa- the statewide P-16 education data system to the purposes and functions set forth in sub- tion of the project assisted under this sec- Mr. COLEMAN submitted an tion; and SA 968. paragraph (E) and allow access to the infor- (B) disaggregated in the same manner as amendment intended to be proposed by mation in the statewide data system only to information is disaggregated under section him to the bill S. 761, to invest in inno- those State employees, and only on such 1111(h)(1)(C)(i) of the Elementary and Sec- vation and education to improve the terms, as may be necessary to fulfill those ondary Education Act of 1965 (20 U.S.C. competitiveness of the United States in purposes and functions; 6311(h)(1)(C)(i)). the global economy; which was ordered (II) prohibit the disclosure of information in the statewide P-16 education data system to lie on the table; as follows: SA 966. Mr. PRYOR (for himself and to any other person, agency, institution, or At the appropriate place, insert the fol- Mr. COLEMAN) submitted an amend- entity, except to the extent necessary to as- lowing: ment intended to be proposed by him sist the State in fulfilling the purposes and functions set forth in subparagraph (E), and to the bill S. 761, to invest in innova- SEC. ll. EXPEDITED NAME CHECKS FOR ALIENS WITH ADVANCED DEGREES. only if such party has signed a data use tion and education to improve the com- Notwithstanding any other provision of agreement that— petitiveness of the United States in the law, the head of U.S. Citizenship and Immi- (aa) prohibits the party from further dis- global economy; which was ordered to gration Services may request that the Direc- closing the information; lie on the table; as follows: tor of the Federal Bureau of Investigation (bb) prohibits the party from using the in- At the appropriate place, insert the fol- expedite a name check carried out for immi- formation for any purpose other than the lowing: gration purposes, except for naturalization purpose specified in the agreement, which SEC. l. SBIR–STEM WORKFORCE DEVELOPMENT purposes, for an alien with an advanced de- purpose must relate to assisting the State in GRANT PILOT PROGRAM. gree in science, technology, engineering, carrying out the purposes and functions set (a) DEFINITIONS.—In this section— mathematics, or medicine who has pre- forth in subparagraph (E); and (1) the term ‘‘Administrator’’ means the viously been admitted to the United States (cc) requires the party to destroy the infor- Administrator of the Small Business Admin- as a nonimmigrant to perform advanced re- mation when the purpose for which the dis- istration; search or serve as a medical doctor. closure was made is accomplished;

VerDate Aug 31 2005 03:59 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.116 S25APPT1 hmoore on PRODPC68 with HMSENATE S5116 CONGRESSIONAL RECORD — SENATE April 25, 2007 (III) keep an accurate accounting of the vance the capacity and capabilities of high- (aa) by inserting ‘‘and for each Program date, nature, and purpose of each disclosure performance computing and networking sys- Component Area’’ after ‘‘participating in the of information in the statewide P-16 edu- tems; Program’’; and cation data system, and the name and ad- ‘‘(C) provide for sustained access by the re- (bb) by inserting ‘‘and’’ at the end; dress of the person, agency, institution, or search community in the United States to (V) by striking subparagraph (E); entity to whom the disclosure is made, high-performance computing systems that (VI) by redesignating subparagraph (F) as which accounting shall be made available on are among the most advanced in the world in subparagraph (E); and request to parents of any student whose in- terms of performance in solving scientific (VII) in subparagraph (E), as redesignated, formation has been disclosed; and engineering problems, including provi- by inserting ‘‘and the extent to which the (IV) maintain adequate security measures sion for technical support for users of such Program incorporates the recommendations to ensure the confidentiality and integrity of systems; of the advisory committee established under the data system; ‘‘(D) provide for efforts to increase soft- subsection (b)’’ before the period at the end; (V) ensure that the statewide P–16 edu- (B) by amending subsection (b) to read as ware availability, productivity, capability, cation data system meets any further re- follows: security, portability, and reliability; quirements of the Family Educational ‘‘(b) ADVISORY COMMITTEE.—(1) The Presi- ‘‘(E) provide for high-performance net- Rights and Privacy Act of 1974 (20 U.S.C. dent shall establish the Advisory Committee works, including experimental testbed net- 1232g); on High-Performance Computing (referred to works, to enable research and development (VI) where rights are provided to parents in this subsection as the ‘Advisory Com- under this clause, provide those rights to the on, and demonstration of, advanced applica- mittee’), which shall be composed of rep- student instead of the parent if the student tions enabled by such networks; resentatives of the research, education, and has reached the age of 18 or is enrolled in a ‘‘(F) provide for computational science and library communities, network providers, and postsecondary educational institution; and engineering research on mathematical mod- industry, who are specially qualified to pro- (VII) ensure adequate enforcement of the eling and algorithms for applications in all vide the Director with advice and informa- requirements of this clause. fields of science and engineering; tion on high-performance computing. ‘‘(2) The Director shall consider rec- (ii) USE OF UNIQUE IDENTIFIERS.— ‘‘(G) provide for the technical support of, ommendations received from the Advisory (I) GOVERNMENTAL USE OF UNIQUE IDENTI- and research and development on, high-per- Committee in reviewing and revising the FIERS.—It shall be unlawful for any Federal, formance computing systems and software Program. The advisory committee shall pro- State, or local governmental agency to use required to address Grand Challenges; vide the Director with an independent as- the unique identifiers employed in the state- ‘‘(H) provide for educating and training ad- sessment of— wide P-16 education data systems for any ditional undergraduate and graduate stu- ‘‘(A) progress made in implementing the purpose other than as authorized by this Act, dents in software engineering, computer Program; or to deny any individual any right, benefit, science, computer and network security, ap- plied mathematics, library and information ‘‘(B) the need to revise the Program; or privilege provided by law because of such ‘‘(C) the balance between the components individual’s refusal to disclose the individ- science, and computational science; and ‘‘(I) provide for improving the security of of the Program, including funding levels for ual’s unique identifier. the Program Component Areas; (II) REGULATIONS.—Not later than 180 days computing and networking systems, includ- ing Federal systems, including research re- ‘‘(D) whether the research and develop- after the date of enactment of this Act, the ment undertaken pursuant to the Program is quired to establish security standards and Secretary of Education shall promulgate helping to maintain United States leadership practices for these systems.’’; regulations governing the use of the unique in high-performance computing and net- (ii) by striking paragraph (2); identifiers employed in statewide P-16 edu- working technology; and (iii) by redesignating paragraphs (3) and (4) cation data systems, including, where nec- ‘‘(E) other issues identified by the Direc- as paragraphs (2) and (3), respectively; essary, regulations requiring States desiring tor. grants for statewide P–16 education data sys- (iv) in paragraph (2), as redesignated— ‘‘(3) The Advisory Committee shall conduct tems under this section to implement speci- (I) by striking subparagraph (B); periodic evaluations of the funding, manage- fied measures, with the goal of safeguarding (II) by redesignating subparagraphs (A) and ment, coordination, implementation, and ac- individual privacy by minimizing to the ex- (C) as subparagraphs (D) and (F), respec- tivities of the Program. tent practicable the use of unique identifiers tively; ‘‘(4) Not later than 1 year after the date of by both governmental and nongovernmental (III) by inserting before subparagraph (D), the enactment of the America COMPETES entities. as redesignated, the following: Act, and not less frequently than once every On page 169, strike lines 15 through 17 and ‘‘(A) establish the goals and priorities for 2 years thereafter, the Advisory Committee insert the following: Federal high-performance computing re- shall submit a report to the Committee on (i) a description of the privacy protection search, development, networking, and other Commerce, Science, and Transportation of and enforcement measures that the State activities; the Senate and the Committee on Science has implemented or will implement pursuant ‘‘(B) establish Program Component Areas and Technology of the House of Representa- to subparagraph (C), and assurances that that implement the goals established under tives that summarizes— these measures will be in place prior to the subparagraph (A), and identify the Grand ‘‘(A) the results of the assessments and establishment or improvement of the state- Challenges that the Program should address; evaluations conducted under this subsection; wide P–16 education data system; and ‘‘(C) provide for interagency coordination and of Federal high-performance computing re- ‘‘(B) recommendations submitted to the SA 971. Ms. CANTWELL submitted search, development, networking, and other Director. an amendment intended to be proposed activities undertaken pursuant to the Pro- ‘‘(5) Section 14 of the Federal Advisory Committee Act shall not apply to the Advi- by her to the bill S. 761, to invest in in- gram;’’; and sory Committee.’’; and novation and education to improve the (IV) by inserting after subparagraph (D), as (C) in subsection (c)(1)(A), by striking competitiveness of the United States in redesignated, the following: ‘‘Program or’’ and inserting ‘‘Program Com- the global economy; which was ordered ‘‘(E) develop and maintain a research, de- ponent Areas or’’. to lie on the table; as follows: velopment, and deployment roadmap for the (b) DEFINITIONS.—Section 4 of the High- At the appropriate place, insert the fol- provision of high-performance computing Performance Computing Act of 1991 (15 lowing: systems under paragraph (1)(C); and’’; and U.S.C. 5503) is amended— SEC. ll. HIGH-PERFORMANCE COMPUTING. (v) in paragraph (3), as redesignated— (1) in paragraph (2), by inserting ‘‘and mul- (a) HIGH-PERFORMANCE COMPUTING RE- (I) in the matter preceding subparagraph tidisciplinary teams of researchers’’ after SEARCH AND DEVELOPMENT PROGRAM.—Title I (A), by striking ‘‘paragraph (3)(A)’’ and in- ‘‘high-performance computing resources’’; of the High-Performance Computing Act of serting ‘‘paragraph (2)(D)’’; (2) in paragraph (3)— 1991 (15 U.S.C. 5511 et seq.) is amended— (II) by amending subparagraph (A) to read (A) by striking ‘‘scientific workstations, (1) in the title heading, by striking ‘‘AND as follows: supercomputer systems (including vector THE NATIONAL RESEARCH AND EDU- ‘‘(A) provide a detailed description of the supercomputers and large scale parallel sys- CATION NETWORK’’ and inserting ‘‘RE- Program Component Areas, including a de- tems)’’ and inserting ‘‘supercomputer sys- SEARCH AND DEVELOPMENT’’; scription of any changes in the definition of tems’’; and (2) in section 101— or activities under the Program Component (B) by striking ‘‘and applications and sys- (A) in subsection (a)— Areas from the preceding report, and the rea- tems software’’ and inserting ‘‘applications (i) in paragraph (1), by striking subpara- sons for such changes, and a description of and systems software, and the management graphs (A) and (B) and inserting the fol- Grand Challenges supported under the Pro- of large data sets’’; lowing: gram;’’; (3) in paragraph (4), by striking ‘‘packet ‘‘(A) provide for long-term basic and ap- (III) in subparagraph (C), by striking ‘‘spe- switched’’; plied research on high-performance com- cific activities’’ and all that follows through (4) in paragraph (5), by striking ‘‘and’’ at puting; ‘‘the Network’’ and inserting ‘‘each Program the end; ‘‘(B) provide for research and development Component Area’’; (5) in paragraph (6), by striking the period on, and demonstration of, technologies to ad- (IV) in subparagraph (D)— at the end and inserting ‘‘; and’’; and

VerDate Aug 31 2005 03:59 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.120 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5117 (6) by adding at the end the following: grade-level academic achievement standards ‘‘(i) the academic content and student aca- ‘‘(7) ‘Program Component Areas’ means the and to enhance the knowledge of the stu- demic achievement standards of the State major subject areas under which are grouped dents of the science of energy, the sources of (within the meaning of section 1111 of the El- related individual projects and activities energy, the uses of energy in society, and the ementary and Secondary Education Act of carried out under the Program.’’. environmental consequences and benefits of 1965 (20 U.S.C. 6311)); all energy sources and uses by— ‘‘(ii) classroom management; SA 972. Mr. BAYH submitted an ‘‘(1) improving instruction in science re- ‘‘(iii) professional development; amendment intended to be proposed by lated to energy for students in kindergarten ‘‘(iv) parental involvement; and him to the bill S. 761, to invest in inno- through grade 9 through the implementation ‘‘(v) school management; and vation and education to improve the of energy education programs and with the ‘‘(C) provide high-quality and continuous competitiveness of the United States in support of comprehensive science education teacher and staff professional development. the global economy; which was ordered initiatives that are based on the best avail- ‘‘(2) REQUIREMENTS.—Grant funds under able evidence of effectiveness; and this section may be used for activities de- to lie on the table; as follows: ‘‘(2) providing professional development scribed in paragraph (1) only if the activities Section 1401 is amended to read as follows: and instructional leadership activities for are directly related to improving student SEC. 1401. AUTHORIZATION OF APPROPRIATIONS. teachers and, if appropriate, for administra- academic achievement related to— There are authorized to be appropriated to tors and other school staff, on the implemen- ‘‘(A) the science of energy; the Secretary of Commerce for the use of the tation of comprehensive mathematics initia- ‘‘(B) the sources of energy; National Institute of Standards and Tech- tives designed— ‘‘(C) the uses of energy in society; and nology— ‘‘(A) to improve the understanding of stu- ‘‘(D) the environmental consequences and (1) for fiscal year 2008, $793,611,000, of which dents of the scientific, economic, and envi- benefits of all energy sources and uses. $205,000,000 shall be used for the Hollings ronmental impacts of energy; ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— Manufacturing Extension Partnership Pro- ‘‘(B) to improve the knowledge of teachers, There are authorized to be appropriated to gram; administrators, and other school staff re- carry out this section— (2) for fiscal year 2009, $863,972,000, of which lated to the scientific content of energy; ‘‘(1) $1,000,000 for each of fiscal years 2008 $210,000,000 shall be used for the Hollings ‘‘(C) to increase the use of effective in- and 2009; and Manufacturing Extension Partnership Pro- structional practices; and ‘‘(2) $2,000,000 for each of fiscal years 2010 gram; ‘‘(D) to reflect science content that is con- and 2011.’’. (3) for fiscal year 2010, $941,369,000, of which sistent with State academic achievement $215,000,000 shall be used for the Hollings standards in mathematics described in sec- SA 976. Mr. WARNER (for himself, Manufacturing Extension Partnership Pro- tion 1111(b) of the Elementary and Secondary Mr. WEBB, Mr. SMITH, Mr. KERRY, and gram; and Education Act of 1965 (20 U.S.C. 6311(b)). Mr. PRYOR) submitted an amendment (4) for fiscal year 2011, $1,026,506,000, of ‘‘(b) PROGRAM.—The Secretary (acting intended to be proposed by him to the which $220,000,000 shall be used for the Hol- through the Director) (referred to in this sec- lings Manufacturing Extension Partnership tion as the ‘Secretary’) shall provide grants bill S. 761, to invest in innovation and Program. to States to assist the States in establishing education to improve the competitive- or expanding programs to enhance the qual- ness of the United States in the global SA 973. Ms. SNOWE (for herself and ity of science education in elementary economy; which was ordered to lie on Mr. LEVIN) submitted an amendment schools with respect to conventional and the table; as follows: intended to be proposed by her to the emerging energy sources and uses. On page 208, after line 2, add the following: ‘‘(c) COORDINATION.—In carrying out this bill S. 761, to invest in innovation and SECTION 4015. OFFICE OF MINORITY SERVING IN- education to improve the competitive- section, the Secretary shall use and coordi- nate with existing State and national pro- STITUTION DIGITAL AND WIRELESS ness of the United States in the global TECHNOLOGY. grams that have a similar mission. (a) SHORT TITLE.—This section may be economy; as follows: ‘‘(d) GRANTS.—The Secretary shall award On page 16, strike lines 15 and 16 and insert grants, on a competitive basis, under this cited as the ‘‘Minority Serving Institution the following: section to States to pay the Federal share of Digital and Wireless Technology Oppor- (P) The Small Business Administration. the costs of establishing or expanding high- tunity Act’’. (Q) Any other department or agency des- quality energy education curricula and pro- (b) ESTABLISHMENT OF OFFICE.—The Na- ignated by the President. grams. tional Science Foundation Act of 1950 (42 ‘‘(e) PROGRAMS.—In carrying out this sec- U.S.C. 1861 et seq.) is amended— SA 974. Ms. LANDRIEU submitted an tion, the Secretary shall award grants to es- (1) by redesignating section 16 (42 U.S.C. amendment intended to be proposed by tablish or expand programs that enhance— 1875) as section 17; and her to the bill S. 761, to invest in inno- ‘‘(1) the quality of science education in ele- (2) by inserting after section 15 the fol- lowing: vation and education to improve the mentary schools with respect to conven- tional and emerging energy sources and uses; ‘‘SEC. 16. OFFICE OF MINORITY SERVING INSTI- competitiveness of the United States in TUTION DIGITAL AND WIRELESS the global economy; which was ordered and ‘‘(2) the understanding of students of the TECHNOLOGY. to lie on the table; as follows: science, economics, and environmental im- ‘‘(a) ESTABLISHMENT.— On page 8, strike lines 7 through 9 and in- pacts of energy production and consumption. ‘‘(1) IN GENERAL.—There is established sert the following: ‘‘(f) FEDERAL AND NON-FEDERAL SHARES.— within the Foundation the Office of Minority (10) the extent of damage resulting from ‘‘(1) FEDERAL SHARE.—The Federal share of Serving Institution Digital and Wireless the Gulf Coast hurricanes of 2005 to tech- the costs of carrying out a program under Technology to carry out the provisions of nology-based clusters in the declared dis- this section shall be 50 percent. this section. aster areas relating to those hurricanes, and ‘‘(2) NON-FEDERAL SHARE.—The non-Federal ‘‘(2) PURPOSES.—The Office shall— recommendations for Federal and State poli- share of the costs of carrying out a program ‘‘(A) strengthen the ability of eligible in- cies to retain and expand those clusters; under this section may be provided in the stitutions to provide capacity for instruction (11) the extent to which Federal funding form of cash or in-kind contributions, fairly in digital and wireless network technologies promotes or hinders innovation; and evaluated, including services. by awarding grants to, or executing con- (12) the extent to which individuals are ‘‘(g) DISTRIBUTION.—In awarding grants tracts or cooperative agreements with, those being under this section, the Secretary shall— institutions to provide such instruction; and ‘‘(1) ensure a wide, equitable distribution ‘‘(B) strengthen the national digital and SA 975. Ms. LANDRIEU submitted an of grants among States that propose to serve wireless infrastructure by increasing na- amendment intended to be proposed by students from urban and rural areas; and tional investment in telecommunications her to the bill S. 761, to invest in inno- ‘‘(2) provide equal consideration to States and technology infrastructure at eligible in- vation and education to improve the without National Laboratories. stitutions. competitiveness of the United States in ‘‘(h) USES OF FUNDS.— ‘‘(b) ACTIVITIES SUPPORTED.—An eligible ‘‘(1) IN GENERAL.—Subject to paragraph (2), institution may use a grant, contract, or co- the global economy; as follows: States, or other entities through States, that operative agreement awarded under this sec- On page 78, strike line 21 and insert the fol- receive grants under this section shall use tion to— lowing: the grant funds to— ‘‘(1) acquire equipment, instrumentation, ‘‘(D) $27,500,000 for fiscal year 2011. ‘‘(A) employ proven strategies and methods networking capability, hardware, software, ‘‘CHAPTER 6—NATIONAL ENERGY for improving student learning and teaching digital network technology, wireless tech- EDUCATION DEVELOPMENT regarding energy; nology, and infrastructure; ‘‘SEC. 3195. NATIONAL ENERGY EDUCATION DE- ‘‘(B) integrate into the curriculum of ‘‘(2) develop and provide educational serv- VELOPMENT. schools comprehensive, science-based, en- ices, including faculty development, related ‘‘(a) PURPOSE.—The purpose of this section ergy education, including instruction and as- to science, mathematics, engineering, or is to enable all students to reach or exceed sessments that are aligned with— technology;

VerDate Aug 31 2005 03:59 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.120 S25APPT1 hmoore on PRODPC68 with HMSENATE S5118 CONGRESSIONAL RECORD — SENATE April 25, 2007

‘‘(3) provide teacher education, library and ‘‘(4) INFORMATION DISSEMINATION.—The Di- ‘‘(B) a Hispanic-serving institution, as de- media specialist training, and preschool and rector shall convene an annual meeting of el- fined in section 502(a)(5) of the Higher Edu- teacher aid certification to individuals who igible institutions receiving grants, con- cation Act of 1965 (20 U.S.C. 1101a(a)(5)); seek to acquire or enhance technology skills tracts, or cooperative agreements under sub- ‘‘(C) a tribally controlled college or univer- in order to use technology in the classroom section (a)(2)(A) to— sity, as defined in section 316(b)(3) of the or in other instructional settings; ‘‘(A) foster collaboration and capacity- Higher Education Act of 1965 (20 U.S.C. ‘‘(4) implement joint projects and con- building activities among eligible institu- 1059c(b)(3)); sortia to provide education regarding tech- tions; and ‘‘(D) an Alaska Native-serving institution nology in the classroom with a State, State ‘‘(B) disseminate information and ideas under section 317(b) of the Higher Education education agency, local education agency, generated by such meetings. Act of 1965 (20 U.S.C. 1059d(b)); community-based organization, national ‘‘(d) MATCHING REQUIREMENT.— ‘‘(E) a Native Hawaiian-serving institution non-profit organization, or business, includ- ‘‘(1) IN GENERAL.—The Director may not under section 317(b) of the Higher Education ing a minority business; award a grant, contract, or cooperative Act of 1965 (20 U.S.C. 1059d(b)); or ‘‘(5) provide professional development in agreement to an eligible institution under ‘‘(F) an institution that the Director, in science, mathematics, engineering, or tech- this section unless such institution agrees to consultation with the Secretary of Edu- nology to administrators and faculty of eli- make available (directly or through dona- cation, determines has enrolled a substantial gible institutions with institutional respon- tions from public or private entities) non- number of minority, low-income students sibility for technology education; Federal contributions in an amount equal to during the previous academic year who re- ‘‘(6) provide capacity-building technical as- the lesser of— ceived assistance under subpart I of part A of sistance to eligible institutions through re- ‘‘(A) 25 percent of the amount of the grant, title IV of the Higher Education Act of 1965 mote technical support, technical assistance contract, or cooperative agreement; or (20 U.S.C. 1070a et seq.) for that year. workshops, distance learning, new tech- ‘‘(B) $500,000. ‘‘(2) OFFICE.—The term ‘Office’ means the nologies, and other technological applica- ‘‘(2) WAIVER.—The Director shall waive the Office of Minority Serving Institution Dig- tions; matching requirement under paragraph (1) ital and Wireless Technology established in ‘‘(7) foster the use of information commu- for any institution or consortium that does subsection (a).’’. nications technology to increase scientific, not have an endowment that is valued at (c) AUTHORIZATION OF APPROPRIATIONS.—Of mathematical, engineering, and technology least $50,000,000. the amounts appropriated pursuant to an au- instruction and research; and ‘‘(e) LIMITATIONS.— thorization under this Act, $100,000,000 shall ‘‘(8) develop proposals to be submitted ‘‘(1) IN GENERAL.—An eligible institution be made available to the Director of the Na- under this section to develop strategic plans that receives a grant, contract, or coopera- tional Science Foundation for each of the for information technology investments. tive agreement under this section in an fiscal years 2008 through 2011 to carry out ‘‘(c) APPLICATION AND REVIEW PROCE- amount greater than $2,500,000 may not re- section 16 of the National Science Founda- DURE.— ceive another grant, contract, or cooperative tion Act of 1950, as added by this section. ‘‘(1) IN GENERAL.— agreement under this section until every ‘‘(A) APPLICATION.—An eligible institution other eligible institution that has applied for SA 977. Mrs. MURRAY submitted an seeking a grant, contract, or cooperative a grant, contract, or cooperative agreement amendment intended to be proposed by agreement under this section shall submit an under this section has been awarded such her to the bill S. 761, to invest in inno- application to the Director at such time, in grant, contract, or cooperative agreement. vation and education to improve the such manner, and accompanied by such in- ‘‘(2) AWARDS ADMINISTERED BY ELIGIBLE IN- competitiveness of the United States in formation as the Director may reasonably STITUTION.—Each grant, contract, or cooper- the global economy; as follows: ative agreement awarded under this section require. On page 113, between lines 2 and 3, insert shall be made to, and administered by, an el- ‘‘(B) PROCEDURE.—The Director, in con- the following: igible institution, even when awarded for the sultation with the advisory council estab- (B) members of the Armed Forces who are implementation of a consortium or joint lished under paragraph (2), shall— transitioning to civilian life; and ‘‘(i) promulgate a regulation that estab- project. lishes a procedure by which to accept and re- ‘‘(f) ANNUAL REPORTS AND EVALUATION.— SA 978. Mr. COLEMAN submitted an view applications submitted under subpara- ‘‘(1) RECIPIENT REPORT.—Each institution amendment intended to be proposed by graph (A); and that receives a grant, contract, or coopera- ‘‘(ii) publish an announcement of such pro- tive agreement under this section shall sub- him to the bill S. 761, to invest in inno- cedure, including a statement regarding the mit an annual report to the Director on the vation and education to improve the availability of funds, in the Federal Register. use of the funds received through the grant, competitiveness of the United States in ‘‘(2) ADVISORY COUNCIL.— contract, or cooperative agreement. the global economy; which was ordered ‘‘(A) ESTABLISHMENT.—The Director shall ‘‘(2) DIRECTOR EVALUATION.—The Director, to lie on the table; as follows: establish an advisory council to— in consultation with the Secretary of Edu- On page 116, strike lines 1 through 3 and in- ‘‘(i) advise the Director on the best ap- cation, shall— sert ‘‘Advanced Placement, International proaches for involving eligible institutions ‘‘(A) review the reports submitted under Baccalaureate, and Concurrent Enrollment in the activities described in subsection (b); paragraph (1); and Programs’’. and ‘‘(B) on the basis of such reports, evaluate On page 116, line 8, insert ‘‘and Concurrent ‘‘(ii) review and evaluate proposals sub- the activities authorized under subsection Enrollment programs’’ after ‘‘programs’’. mitted to the program. (b) every 2 years. Beginning on line 10 on page 116 through ‘‘(B) MEMBERSHIP.—In selecting the mem- ‘‘(3) CONTENTS OF EVALUATION.—The eval- line 25 on page 127, strike ‘‘Advanced Place- bers of the advisory council, the Director uation conducted under paragraph (2)(B) ment or International Baccalaureate may consult with representatives of appro- shall— courses’’ each place the term appears and in- priate organizations, including representa- ‘‘(A) describe the activities undertaken by sert ‘‘Advanced Placement or International tives of eligible institutions, to ensure that the institutions described in paragraph (1); Baccalaureate courses or Concurrent Enroll- the membership of the advisory council re- and ment courses’’. flects participation by technology and tele- ‘‘(B) assess the short-range and long-range Beginning on line 1 on page 117 through communications institutions, minority busi- impact of activities carried out under the line 6 on page 127, strike ‘‘pre-Advanced nesses, eligible institution communities, grant, contract, or cooperative agreement on Placement or pre-International Bacca- Federal agency personnel, and other individ- the students, faculty, and staff of such insti- laureate courses’’ each place the term ap- uals who are knowledgeable about eligible tutions. pears and insert ‘‘pre-Advanced Placement institutions and technology issues. ‘‘(4) REPORT TO CONGRESS.—The Director or pre-International Baccalaureate courses ‘‘(C) PROGRAM REVIEW.—Any panel assem- shall submit a report to Congress that in- or pre-Concurrent Enrollment courses’’. bled to review a proposal submitted to the cludes— On page 118, lines 5 and 6, strike ‘‘or Inter- program shall include members from minor- ‘‘(A) the results of the evaluation; national Baccalaureate services’’ and insert ity serving institutions. Program review cri- ‘‘(B) such recommendations as may be ap- ‘‘, International Baccalaureate, or Concur- teria shall include consideration of— propriate, including recommendations con- rent Enrollment services’’. ‘‘(i) demonstrated need for assistance cerning the continuing need for Federal On page 119, between lines 10 and 11, insert under this section; and funding to carry out this section. the following: ‘‘(ii) diversity among the types of institu- ‘‘(g) DEFINITIONS.—In this section: (7) CONCURRENT ENROLLMENT COURSE.—The tions receiving assistance under this section. ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eli- term ‘‘Concurrent Enrollment course’’ ‘‘(3) DATA COLLECTION.—An eligible institu- gible institution’ means an institution that means a course of college instruction pro- tion that receives a grant, contract, or coop- is— vided to secondary school students— erative agreement under subsection (a)(2)(A) ‘‘(A) a historically Black college or univer- (A) that is administered by an institution shall provide the Office with any relevant in- sity that is a part B institution, as defined in of higher education (as such term is defined stitutional statistical or demographic data section 322(2) of the Higher Education Act of in section 101(a) of the Higher Education Act requested by the Office. 1965 (20 U.S.C. 1061(2)); of 1965 (20 U.S.C. 1001(a)); and

VerDate Aug 31 2005 03:59 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.123 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5119 (B) for which students who successfully amendment intended to be proposed by Fair Contracts for Growers Act of 2007; complete the course receive college credit, as him to the bill S. 761, to invest in inno- Grassley, Feingold, Kohl, Leahy, Dur- verified by an official transcript from the in- vation and education to improve the bin, S. 495, Personal Data Privacy and stitution of higher education. Security Act of 2007; Leahy, Specter, On page 119, lines 11 and 12, strike ‘‘AND competitiveness of the United States in INTERNATIONAL BACCALAUREATE PRO- the global economy; which was ordered Feingold, Schumer, S. 239, Notification GRAMS’’ and insert ‘‘INTERNATIONAL BAC- to lie on the table; as follows: of Risk to Personal Data Act of 2007; CALAUREATE, AND CONCURRENT EN- On page 49, line 3, strike ‘‘agency.’’ and in- Feinstein, S. 879, No Oil Producing and ROLLMENT PROGRAMS’’. sert ‘‘agency and may enter into grants, con- Exporting Cartels Act of 2007; (Kohl, On page 120, line 14, strike ‘‘or Inter- tracts, cooperative agreements, resource Specter, Leahy, Grassley, Feingold, national Baccalaureate’’ and insert ‘‘, Inter- sharing agreements, or interagency financ- Schumer, Coburn, Durbin. national Baccalaureate, or Concurrent En- ing with Federal, State, and regional agen- III. Nominations: Robert Gideon rollment’’. cies, tribes, commercial organizations, edu- On page 124, lines 24 and 25, strike ‘‘or Howard, Jr. to be United States Mar- cational institutions, non-profit organiza- shal for the Eastern District of Arkan- International Baccalaureate’’ and insert ‘‘, tions, or other persons.’’. International Baccalaureate, or Concurrent sas; Frederick J. Kapala to be United Enrollment’’. f States District Judge for the Northern On page 127, lines 9 and 10, strike ‘‘or Inter- AUTHORITY FOR COMMITTEES TO District of Illinois; Benjamin Hale Set- national Baccalaureate’’ and insert ‘‘, Inter- national Baccalaureate, or Concurrent En- MEET tle to be United States District Judge rollment’’. COMMITTEE ON AGRICULTURE, NUTRITION AND for the Western District of Washington; FORESTRY John Roberts Hackman to be United SA 979. Mr. KENNEDY submitted an Mr. BINGAMAN. Mr. President, I ask States Marshal for the Eastern District amendment intended to be proposed by unanimous consent that the Com- of Virginia. him to the bill S. 761, to invest in inno- mittee on Agriculture, Nutrition and IV. Resolutions: S. Res. 125, desig- vation and education to improve the Forestry be authorized to conduct a nating May 18, 2007 as ‘‘Endangered competitiveness of the United States in hearing during the session of the Sen- Species Day’’; Feinstein, Collins, Fein- the global economy; which was ordered ate on April 25, 2007 at 9:30 a.m. in SD– gold, Biden, S. Res. 116, designating to lie on the table; as follows: 106. The title of this committee hearing May 2007 as ‘‘National Autoimmune At the end of division D, insert the fol- is, ‘‘Challenges and Opportunities Fac- Disease Awareness Month’’; Biden, S. lowing: ing American Agriculture Producers Res. 146, designating June 20, 2007, as SEC. 4015. DEFINITION OF HIGH-NEED LOCAL Today, Part III.’’ ‘‘American Eagle Day’’; Alexander, EDUCATIONAL AGENCY. Byrd, Kennedy, Feinstein, S. Res. 162, Paragraph (8) of section 4 of the National The PRESIDING OFFICER. Without Science Foundation Authorization Act of objection, it is so ordered. commemorating and acknowledging 2002 (42 U.S.C. 1862n note) is amended to read the dedication and sacrifice made by COMMITTEE ON COMMERCE, SCIENCE, AND as follows: the men and women who have lost TRANSPORTATION ‘‘(8) HIGH-NEED LOCAL EDUCATIONAL AGEN- their lives while serving as law en- Mr. BINGAMAN. Mr. President, I ask CY.—The term ‘high-need local educational forcement officers; Leahy, Specter, unanimous consent that the Com- agency’ means a local educational agency— Biden, Grassley, Cornyn, Durbin. ‘‘(A)(i) for which not less than 20 percent of mittee on Commerce, Science, and The PRESIDING OFFICER. Without the children served by the agency are chil- Transportation be authorized to hold a objection, it is so ordered. dren from low-income families; business meeting during the session of COMMITTEE ON VETERANS’ AFFAIRS ‘‘(ii) with a total of less than 600 students the Senate on Wednesday, April 25, in average daily attendance at the schools Mr. BINGAMAN. Mr. President, I ask 2007, at 2:30 p.m., in room 253 of the unanimous consent that the Com- that are served by the agency and all of Russell Senate Office Building. whose schools are designated with a school mittee on Veterans’ Affairs be author- locale code of 6,7, or 8, as determined by the The purpose of this meeting will be ized to meet during the session of the Secretary; or to consider and approve the following Senate on Wednesday, April 25, 2007 to ‘‘(iii) that serves not fewer than 10,000 chil- legislation following bills: S. 294, S. 428, hold a hearing on mental health issues. dren from low-income families; and S. 924, S. 311, S. 675, S. 1142, the Iden- The hearing will take place in room 418 ‘‘(B)(i) for which there is a high percentage tity Theft Prevention Act, and the pro- of the Russell Senate Office Building of teachers not teaching in academic subject motion of Mr. Gribbin, in the United areas or grade levels in which the teachers beginning at 2 p.m. States Coast Guard. The PRESIDING OFFICER. Without were trained to teach; or The PRESIDING OFFICER. Without ‘‘(ii) for which there is a high teacher turn- objection, it is so ordered. objection, it is so ordered. over rate or a high percentage of teachers SUBCOMMITTEE ON AIRLAND with emergency, provisional, or temporary COMMITTEE ON THE JUDICIARY Mr. BINGAMAN. Mr. President, I ask certification or licensure.’’. Mr. BINGAMAN. Mr. President, I ask unanimous consent that the Sub- unanimous consent that the Com- Mr. ALEXANDER (for him- committee on Airland be authorized to SA 980. mittee on the Judiciary be authorized self and Mr. BINGAMAN) submitted an meet during the session of the Senate to meet to conduct a markup on amendment intended to be proposed by on Wednesday, April 25, 2007, at 10 a.m., Wednesday, April 25, at 10 a.m. in Dirk- him to the bill S. 761, to invest in inno- in open session to receive testimony on sen Room 226. vation and education to improve the whether the army is properly sized, or- I. Committee Authorization: Author- competitiveness of the United States in ganized, and equipped to respond to the ization of Subpoenas in Connection the global economy; as follows: most likely missions over the next two with Investigation into Replacement of At the appropriate place in the bill, add decades while retaining adequate capa- the following: U.S. Attorneys. bility to respond to all contingencies ‘‘SEC. lll. SENSE OF THE SENATE. II. Bills: S. 376, Law Enforcement Of- along the spectrum of combat in review ‘‘It is the Sense of the Senate that— ficers Safety Act of 2007; Leahy, Spec- of the Defense Authorization request ‘‘U.S. Government policies related to ter, Grassley, Kyl, Sessions, Cornyn, S. for fiscal year 2008 and the Future deemed exports should safeguard U.S. na- 119, War Profiteering Prevention Act of Years Defense Program. tional security and protect fundamental re- 2007; Leahy, Feinstein, Feingold, Schu- The PRESIDING OFFICER. Without search; mer, Durbin, Cardin, S. 1079, Star- ‘‘The Department of Commerce has estab- objection, it is so ordered. lished the Deemed Export Advisory Com- Spangled Banner and War of 1812 Bicen- SUBCOMMITTEE ON CLEAN AIR AND NUCLEAR mittee to develop recommendations for im- tennial Commission Act; Cardin, War- SAFETY proving current controls on deemed exports; ner, Kennedy, S. 735, Terrorist Hoax Mr. BINGAMAN. Mr. President, I ask ‘‘The Administration and Congress should Improvements Act of 2007; Kennedy, unanimous consent that the Sub- consider the recommendations of the Kyl, Coleman, Schumer, Leahy, Grass- committee on Clean Air and Nuclear Deemed Export Advisory Committee in its ley, Cornyn, H.R. 740, Preventing Har- Safety be authorized to meet during development and implementation of export control policies.’’. assment through Outbound Number the session of the Senate on Wednes- Enforcement (PHONE) Act of 2007; day, April 25, 2007, at 10 a.m. in room SA 981. Mr. LAUTENBERG (for him- Scott, Conyers, Forbes, Boucher, Jack- 406 of the Dirksen Senate Office Build- self and Mr. COCHRAN) submitted an son-Lee, Gutierrez, Sherman, S. 221, ing.

VerDate Aug 31 2005 04:47 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.124 S25APPT1 hmoore on PRODPC68 with HMSENATE S5120 CONGRESSIONAL RECORD — SENATE April 25, 2007 The agenda to be considered: Over- PRIVILEGES OF THE FLOOR To recognize the impact of James- sight Hearing on the Nuclear Regu- Mr. BAUCUS. Mr. President, I ask town and to signal Congress’s support latory Commission. unanimous consent that Elizabeth for the 400th anniversary of its found- The PRESIDING OFFICER. Without Goitein, a detailee from the Depart- ing, I introduce today this resolution. objection, it is so ordered. ment of Justice in Senator FEINGOLD’s It marks the importance of Jamestown SUBCOMMITTEE ON EMERGING THREATS AND Judiciary Committee office, be granted CAPABILITIES floor privileges for the remainder of to our Nation’s history and recognizes Mr. BINGAMAN. Mr. President, I ask this session of Congress. its 400th anniversary as a seminal unanimous consent that the Sub- The PRESIDING OFFICER. Without event for the American people. Fur- committee on Emerging Threats and objection, it is so ordered. thermore, the resolution recognizes the Capabilities be authorized to meet dur- f critical role Native Americans played ing the session of the Senate on UNANIMOUS CONSENT in the colony’s survival, notes the Wednesday, April 25, 2007, at 2 p.m., to AGREEMENT—H.R. 1591 democratic ideals first instilled at receive testimony on efforts to im- Mr. BINGAMAN. Mr. President, I ask Jamestown, and reflects on the unique prove the Department of Defense’s lan- unanimous consent that the Senate confluence of cultures that made guage and cultural awareness capabili- proceed to the consideration of the Jamestown strong and successful. With ties. conference report of the supplemental this resolution, Congress has a chance The PRESIDING OFFICER. Without appropriations bill, H.R. 1591, on to officially record for history its sup- objection, it is so ordered. Thursday, April 26, at 10 a.m., regard- SUBCOMMITTEE ON STRATEGIC FORCES less of whether the Senate has yet re- port for the commemoration of the Mr. BINGAMAN. Mr. President, I ask ceived the papers from the House; that 400th anniversary of the founding of unanimous consent that the Sub- the time immediately following the Jamestown. committee on Strategic Forces be au- prayer and the pledge until 12:45 p.m. Mr. President, I urge my colleagues thorized to meet in open session during be equally divided between the two to join me in support of this resolution. the session of the Senate on Wednes- leaders or their designees; and that the Mr. BINGAMAN. Mr. President, I ask day, April 25, 2007, at 3:30 p.m., to re- Senate vote, without any intervening ceive testimony on Department of En- action, provided that the message has unanimous consent that the resolution ergy atomic energy defense programs been received in the Senate on passage be agreed to, the preamble be agreed in review of the defense authorization of the conference report at 12:45 p.m. to, and the motion to reconsider be laid request for fiscal year 2008. on Thursday. upon the table. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. SUBCOMMITTEE ON WATER AND POWER f The resolution (S. 172) was agreed to. Mr. BINGAMAN. Mr. President, I ask COMMEMORATING THE 400TH ANNI- unanimous consent that the Sub- VERSARY OF THE SETTLEMENT The preamble was agreed to. committee on Water and Power be au- OF JAMESTOWN The resolution, with its preamble, thorized to hold a hearing during the session of the Senate on Wednesday, Mr. BINGAMAN. Mr. President, I ask reads as follows: unanimous consent that the Senate April 25, 2007 at 2:30 p.m. in room SD– S. RES. 172 366 of the Dirksen Senate Office Build- now proceed to the consideration of S. Res. 172, which was submitted earlier Whereas the founding of the colony at ing. Jamestown, Virginia, in 1607, the first per- The purpose of the hearing is to re- today. The PRESIDING OFFICER. The manent English colony in America, and the ceive testimony on the following bills: capital of Virginia for 92 years, has major S. 175, to provide for a feasibility study clerk will report the resolution by significance in the history of the United title. States; of alternatives to augment the water The legislative clerk read as follows: supplies of the Central Oklahoma Mas- Whereas the Jamestown Settlement owed A resolution (S. Res. 172) commemorating its survival in large measure to the compas- ter Conservancy District and cities the 400th anniversary of the settlement of served by the District; S. 324, to direct sion and aid of the Native people in its vicin- Jamestown. ity; the Secretary of the Interior to con- There being no objection, the Senate Whereas Native Virginia people substan- duct a study of water resources in the proceeded to consider the resolution. tially aided the Jamestown colonists with State of New Mexico; S. 542, to author- Mr. WARNER. Mr. President, in a food and supplies at times that were crucial ize the Secretary of the Interior to con- few short weeks, America will com- to their survival; duct feasibility studies to address cer- memorate the 400th anniversary of the Whereas the Native people served as guides tain water shortages within the Snake, founding of Jamestown, the first per- to geography and natural resources, crucial Boise, and Payette River systems in manent English settlement in the New assistance in the Virginia colonists’ explo- the State of Idaho, and for other pur- World. It is an event that I, along with ration of the Chesapeake Region; poses; S. 752, to authorize the Sec- Whereas the Jamestown Settlement many of my fellow Virginians and brought people from throughout the Atlantic retary of the Interior to participate in Americans, have looked upon with Basin together to form a society that drew the implementation of the Platte River great anticipation. upon the strengths and characteristics of Recovery Implementation Program for Jamestown’s anniversaries have al- English, European, African, and Native Endangered Species in the Central and ways been major national patriotic American cultures; Lower Platte River Basin and to mod- events, and this year will be no dif- Whereas the economic, political, religious, ify the Pathfinder Dam and Reservoir; ferent. Visitors and dignitaries from all and social institutions that developed during S. 1037, to authorize the Secretary of over the world will converge on the the first 9 decades of the existence of James- the Interior to assist in the planning, site, where, in 1607, CAP John Smith town continue to have profound effects on design, and construction of the Tumalo and his motley crew of Englishmen the United States, particularly in English first stepped ashore to begin life in the common law and language, cross cultural re- Irrigation District Water Conservation lationships, manufacturing, and economic Project in Deschutes County, OR; S. New World. Commemorating the structure and status; 1116 and H.R. 902, to facilitate the use Jamestown anniversary allows Ameri- Whereas the National Park Service, the for irrigation and other purposes of cans to not only remember the bravery Association for the Preservation of Virginia water produced in connection with de- of Captain Smith’s crew and the found- Antiquities, and the Jamestown-Yorktown velopment of energy resources; and S. ing of America but also to celebrate Foundation of the Commonwealth of Vir- 1112 and H.R. 235, to allow for the re- the democratic ideals and institutions ginia collectively own and operate signifi- negotiation of the payment schedule of that trace their roots to that remark- cant resources related to the early history of able beginning. The rule of law, the en- Jamestown; contracts between the Secretary of the Whereas, in 2000, Congress established the Interior and the Redwood Valley Coun- trepreneurial spirit, representative Jamestown 400th Commemoration Commis- ty Water District, and for other pur- government, and cultural diversity all sion to ensure a suitable national observance poses. originated at Jamestown and all con- of the Jamestown 2007 anniversary, and Con- The PRESIDING OFFICER. Without tinue to have profound effects on gress commends the Commission’s hard work objection, it is so ordered. America today. and dedication;

VerDate Aug 31 2005 04:50 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.130 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — SENATE S5121 Whereas Congress reminds all Americans ate completes its business today, it ADJOURNMENT UNTIL 9:15 of the importance of their country’s history stand adjourned until 9:15 a.m., Thurs- TOMORROW and founding at Jamestown; and day, April 26; that on Thursday fol- Whereas the 2007 observance of the found- lowing the prayer and pledge, the Jour- Mr. BINGAMAN. Mr. President, if ing of Jamestown commemorates the 400th there is no further business, I ask anniversary of the first permanent English nal of proceedings be approved to date, colony in America: Now, therefore, be it the morning hour be deemed expired, unanimous consent that the Senate Resolved, That the Senate commemorates and the time for the two leaders re- stand adjourned under the previous the 400th Anniversary of the founding of the served for their use later in the day, order. colony Jamestown in 1607 and urges all with a period of morning business until There being no objection, the Senate, Americans to honor this seminal event in 10 a.m. with Senators permitted to our Nation’s history. at 7:08 p.m., adjourned until Thursday, speak therein; with the Senate pro- f ceeding to the conference report to ac- April 26, 2007, at 9:15 a.m. ORDERS FOR THURSDAY, APRIL company H.R. 1591, as provided for 26, 2007 under a previous order. Mr. BINGAMAN. Mr. President, I ask The PRESIDING OFFICER. Without unanimous consent that when the Sen- objection, it is so ordered.

VerDate Aug 31 2005 03:59 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A25AP6.077 S25APPT1 hmoore on PRODPC68 with HMSENATE April 25, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E851 EXTENSIONS OF REMARKS

CURRENT SITUATION IN DARFUR role in ending the Darfur conflict. Instead of in Nazi concentration camps just a few years lending money to Bashir for a new presidential prior. In Israel, they saw a 2,000-year overdue HON. CHRISTOPHER H. SMITH palace, the Chinese Government should be opportunity to live free of persecution in their OF NEW JERSEY pressuring him to enable the people of Darfur ancestral homeland. But before they could re- IN THE HOUSE OF REPRESENTATIVES to live in their own homes in peace and secu- joice, five Arab armies attacked the nascent rity. I have long exhorted the Chinese Govern- state on all fronts. Israel, despite long odds, Tuesday, April 24, 2007 ment to stop the reprehensible violation of the emerged victorious and finally celebrated its Mr. SMITH of New Jersey. Madam Speaker, human rights of its own people, and I have victory. Still, it was bittersweet, since they had last week the House Committee on Foreign signaled the upcoming 2008 Olympics in Bei- lost 6,000 people, at least 1 percent of the Relations held an important hearing on the jing as a singular opportunity for the inter- population. current situation in Darfur. I am grateful to national community to insist on the respect of Israel chose the song Hatikva, or ‘‘The Chairman TOM LANTOS for keeping this critical those rights. I applaud the outstanding efforts Hope,’’ as its national anthem. Fittingly, in a issue in the spotlight of the committee. of Ms. Mia Farrow, one of our distinguished small Democracy perpetually terrorized by President Omar Hassan al-Bashir has prov- witnesses at the hearing, to galvanize the hostile enemies surrounding its territory, hope en that he considers the people of Darfur to world to object to China’s hosting of the Olym- has sustained it. Israel’s territory, devoid of be merely pawns in a game that he is playing pics at the same time it is ignoring the plight natural resources, has been transformed into with the international community. Even as his of our brothers and sisters suffering in Darfur. a prosperous state. Just as the United States representative is sending a letter to the UN I would encourage my colleagues here in Con- has represented hope to the rest of the world Secretary General accepting the Heavy Sup- gress to join these efforts with respect to the for years, so too does Israel represent the lim- port Package that is supposed to lead to a Olympics and to seek other measures to end itless possibilities of freedom and hope. joint UN–AU protective force in the region, we the genocide. f are receiving news reports that his govern- f ment is flying arms and heavy military equip- HONORING PATRICK TURLEY OF COMMEMORATING ISRAEL’S 59TH ment into Darfur under the disguise of UN and PALMER, MASSACHUSETTS, RE- BIRTHDAY AU aircraft in order to fuel the conflict. CIPIENT OF THE SMALL BUSI- The gulf between Bashir’s actions and his NESS ADMINISTRATION’S PHOE- words is as wide as the callous attitude I en- HON. ERIC CANTOR NIX AWARD FOR SMALL BUSI- countered when I met with him personally in OF VIRGINIA NESS DISASTER RECOVERY Khartoum and the desperate, deeply grieved IN THE HOUSE OF REPRESENTATIVES look on the faces of the refugees I met in the Tuesday, April 24, 2007 HON. RICHARD E. NEAL camps of Darfur. It is time for the global com- Mr. CANTOR. Madam Speaker, today we OF MASSACHUSETTS munity to stop considering Bashir as a legiti- commemorate Israel’s 59th birthday. We all IN THE HOUSE OF REPRESENTATIVES mate negotiating partner and to start treating know some of the reasons why our 2 coun- Tuesday, April 24, 2007 him as he is—the despotic tyrant responsible tries remain so close—an appreciation of de- for more than 400,000 deaths and 2 million mocracy, human rights and peace, as well as Mr. NEAL of Massachusetts. Madam Speak- people displaced from their homes in Darfur. a commitment to fighting terrorism and radi- er, it is my great honor today to acknowledge That is in addition to the 2 million dead and 4 calism. But beyond the obvious lie a remark- Patrick Turley from Palmer, Massachusetts million who were displaced during the war in ably similar national narrative which has upon being named the recipient of the Small the south. shaped our values and sense of national pur- Business Administration’s Phoenix Award for I welcome President Bush’s announcement pose. Small Business Disaster Recovery. last week that our government will be taking In his recent book ‘‘Power, Faith and Fan- Patrick Turley, President of Turley Publica- several new steps if the Sudanese Govern- tasy: America in the Middle East,’’ Michael tions, received the Phoenix Award in Wash- ment does not meet its commitments. I strong- Oren examines that narrative as well as the ington, DC today for his tremendous commit- ly urge the President to make that window of rich history of American support for a Jewish ment to his community. SBA Administrator opportunity for Bashir to finally follow through state in Israel. When William Bradford and the Steven Preston describes recipients of these on his word extremely short. Bashir has long persecuted Puritans landed at Plymouth Rock awards as ‘‘individuals [who have] displayed since lost any entitlement to one day more in 1620, Bradford exclaimed ‘‘Come, let us de- tremendous courage and selflessness in the than is absolutely necessary to establish clare the word of God in Zion.’’ That’s be- midst of the most devastating disasters ever peace in Darfur. cause the Puritans saw themselves as the experienced by our Agency.’’ The SBA also In order to be effective, however, the efforts New Israelites. They believed that God had fi- describes the Phoenix Award as an acknowl- of the United States must be joined by those nally delivered them from bondage to their edgement of an individual’s heroic efforts, and of the international community. We must ALL new promised land. There, in freedom, they as ‘‘a token of appreciation for their support of decide that NOW is the time to end this crisis. could shine a glowing light for the rest of the the physical and economic recovery efforts in Our partners on the UN Security Council world to see. During the American Revolution, the Gulf Coast and New England States.’’ should agree immediately to the resolution Oren describes, our leaders drew strong par- Turley Publications is one of New England’s that will be introduced by the United States allels to the Jews’ struggle for repatriation. largest printers of community and university applying new sanctions against the Sudanese Thomas Jefferson and Ben Franklin even pro- newspapers. Located in Palmer, Massachu- Government and any individual that violates posed for the Great Seal an image of Moses setts, the company was founded in 1962 when human rights or obstructs the peace process. leading the Children of Israel toward the Holy Patrick H. and Thomas A. Turley purchased Particularly given the revelations of the gov- Land. the Palmer Journal & Monson Register. From ernment’s continued military support to the This longing for freedom and tolerance in a these humble beginnings, this locally owned Arab militias, the Security Council must also new homeland also spawned the American family business has grown from 1 weekly impose an expanded embargo on arms sales democratic experiment. While our democracy newspaper into a chain of 15 weekly news- to the government of Sudan, prohibit Sudan’s remains imperfect, it has been our vision of a papers ringing the Springfield market and 3 government from conducting any offensive new, exceptional land that has motivated us to monthly specialty publications with national cir- military flights over Darfur, and strengthen the make America the greatest beacon of hope in culations. international community’s ability to monitor the world. The Israelis are driven by similar In addition, Turley Publications prints stu- and report any violations. desires. dent newspapers and magazines for the 5 sis- The Government of the People’s Republic of Fifty-nine years ago today, Jews declared a ter colleges in the Springfield/Holyoke re- China, in particular, should take a leadership state of their own. Several thousand had been gion—as well as for Harvard University, Yale

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

VerDate Aug 31 2005 02:22 May 14, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\RECORD07\E25AP7.REC E25AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE E852 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2007 University, Boston University, Boston College, adjudicated for being a ‘‘mental defective’’, as H.R. 1338, THE PAYCHECK Tufts University, and UMass-Amherst. Turley the assailant had, cannot purchase weapons. FAIRNESS ACT Publications has been printing the Daily Colle- Had there not been an expedited process for gian, the UMass Amherst student newspaper, buying a gun, and the background check rely- HON. MICHAEL M. HONDA since that publication went daily in 1967. It ing on the self-reporting of mental illness, per- OF CALIFORNIA also prints other newspapers, including the haps this tragedy could have been prevented. IN THE HOUSE OF REPRESENTATIVES Worcester Business Journal and its sister pub- I support the efforts of my colleagues, Rep- Tuesday, April 24, 2007 lications Hartford Business Journal, and resentatives MCCARTHY and DINGELL, to pro- Mainebiz, as well as the Holden Landmark. vide federal funding to states for computers Mr. HONDA. Madam Speaker, today I rise Today, Turley Publications remains locally systems that will allow them to promptly in recognition of Equal Pay Day. Issues of eq- owned and operated by Patrick Turley and his upload information about potential gun buyers uity and fairness are integral to the strength of sons Keith and Doug. They are responsible for from the National Instant Criminal Background our democracy. Pay equity, and its effect on nearly 250 employees working in various loca- Check System. As we have tragically learned, every person in the U.S., is a vital issue and tions. The two main production facilities are lo- we can no longer wait for all states to get on- it is unconscionable that in the 21st century, cated in West Springfield and Palmer, Massa- line. the vast majority of women are still not paid chusetts. Additionally, we need to renew the bans on fairly for their work. I look forward to the day Turley Publications was forced to stop the assault weapons and high-capacity ammuni- when every person, regardless of their gender, presses in October 2005 when floodwater tion clips. We have allowed this ban to expire, race or ethnicity, is receiving equal pay for caused property losses over 900 thousand every day more police officers and innocent equal work. dollars. I visited Turley Publications imme- families are in sight of criminals wielding Uzis, According to the Census, women are paid, diately after the flooding occurred and can Tec–9s, AK–47s. And, high-capacity ammuni- on average, 77 cents per one dollar earned by personally attest to the severity of the damage tion clips—which have no purpose other than a man. Racial and ethnic disparities exacer- at the Water Street facility in Palmer. to kill people—allowed the gunman at Virginia bate this difference with African American But high water didn’t stop Patrick Turley Tech to kill 32 students and teachers. Be- women making 66 cents, Latinas making 55 from tackling the job that needed to be done. cause of the high-capacity ammunition clips, cents and Asian American women making 80 He decided he wasn’t going to miss a dead- even those who survived were left with mul- cents. A recent study by the American Asso- line. Dedicated employees helped with the tiple bullet wounds. ciation of University Women reveals that the cleanup, electricity was restored, and 2 univer- Every day that we allow to pass without a income gap between men and women widens sity newspapers were printed on time. Turley ban on assault weapons and high-capacity dramatically following graduation from college, received an SBA disaster loan and within 5 ammunition clips is another day that Ameri- growing from a 20 percent difference imme- months the plant was running once more at cans are needlessly put at risk. We need to diately following graduation to a 31 percent full capacity. support and pass Representative McCarthy’s, difference ten years later. This gap persisted I had the honor of meeting with Patrick H.R. 1022, the Assault Weapons Ban, which despite controls for numbers of hours worked, Turley and his wife Ann today when they vis- would renew that ban. parenthood, and occupation choice. ited my Washington office. I would like to echo I am a proud co-sponsor of H.R. 1338, the the accolades of the Small Business Adminis- I am proud to represent the 9th Congres- Paycheck Fairness Act, which will improve the tration in recognizing Patrick Turley as an ex- sional District, a district that is strongly in favor remedies available to victims of wage discrimi- traordinary businessman and citizen. Con- of getting guns off our streets. Chicago, nation based on sex. Passage of this legisla- gratulations. Wilmette, Morton Grove and Evanston have tion will be one of many societal changes we laws outlawing handguns, and I think this is a f have seen over the past one hundred years of great start. We need to bring that commitment women’s struggle for equality in America, but COMMON-SENSE GUN LEGISLATION to our children’s safety, to the safety of our there remains much to be done. The current IS NEEDED NOW neighborhoods, and to the safety of our income gap continues to stand in the way of schools, to the rest of our country. true equality and as a Nation we must work to HON. JANICE D. SCHAKOWSKY close the gap faster than the current, abys- OF ILLINOIS f mally slow, 1.5 cents per year. There are rays IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION of sunshine to be seen on the horizon, but we Tuesday, April 24, 2007 cannot consider this particular battle won. I look forward to continuing the struggle for Ms. SCHAKOWSKY. Madam Speaker, I rise HON. LUIS V. GUTIERREZ equality with my colleagues in Congress dur- today to extend my condolences to the fami- ing the 110th Congress. lies of the 32 Virginia Tech students and OF ILLINOIS f teachers who lost their lives due to senseless IN THE HOUSE OF REPRESENTATIVES gun violence on April 16, 2007. I would also Tuesday, April 24, 2007 CELEBRATING LIFE OF MARTIE J. like the families of Columbine High School ‘‘JAY’’ ABOUSSIE, JR. tragedy—which occurred 8 years ago on April Mr. GUTIERREZ. Madam Speaker, I was 20th—to know that my thoughts and prayers unavoidably absent from this chamber yester- HON. RUSS CARNAHAN day, April 23, 2007. Had I been present, I are with them as well. As those two tragedies OF MISSOURI would have voted ‘‘yea’’ on rollcall votes 245, demonstrate, we are not doing enough to pro- IN THE HOUSE OF REPRESENTATIVES tect our schools, workplaces, homes, and 246 and 247. communities from gun violence. In honor of all Tuesday, April 24, 2007 the victims of gun violence, I call on my col- f Mr. CARNAHAN. Madam Speaker, I rise leagues to pass tougher gun laws, including today to celebrate the life of Martie J. ‘‘Jay’’ requiring more stringent background checks PERSONAL EXPLANATION Aboussie, Jr., the devoted son of Martie and and banning the use of assault weapons and LeEllen Aboussie and the loving brother of high-ammunition clips. HON. TED POE Amy Aboussie. It is a well-known fact that it takes very little Jay earned a Bachelor of Arts Degree in OF TEXAS time and is very easy and for individuals to Political Science from St. Louis University, and buy powerful weapons in this country. In fact, IN THE HOUSE OF REPRESENTATIVES graduated with honors on May 14, 2005 while depending on the state, it takes anywhere Tuesday, April 24, 2007 maintaining nearly perfect attendance in spite from just 2 hours to a mere 2 minutes to con- of his chronic health problems. duct a background check. Since it took the as- Mr. POE. Madam Speaker, due to other Jay’s family, friends, and numerous people sailant in the Virginia Tech case only 10 min- Congressional business, I unfortunately unknown to Jay have been inspired by his utes to get approval to buy a gun, it is no missed recorded votes on the House floor on bravery, courage, and deep religious faith. He wonder that the store from which he made his Monday, April 23, 2007. refused to surrender to the debilitating phys- purchase missed the fact that a court had or- Had I been able to vote that day, I would ical ailments which ultimately took his life. dered him to undergo outpatient treatment. have voted ‘‘yea’’ on rollcall votes No. 245, Jay’s leadership qualities and academic ex- Federal law states that anyone who has been 246, and 247. cellence were recognized by the Faculty and

VerDate Aug 31 2005 02:22 May 14, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\RECORD07\E25AP7.REC E25AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 25, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E853 Administration of Christian Brothers College must continually confront and surmount the duty to end this human suffering, and I will High School when they selected Jay as ‘‘Sen- legacies and the consequences of those dark continue to work to stop this conflict and pro- ior of The Year’’ among a class of 217 sen- days. mote peace in Sudan. Together, let us make iors. Moreover, Jay was a member of the Na- The writer Milan Kundera once wrote that this world a better place. tional Honor Society and was regularly on the ‘‘The struggle of man against power is the As an ardent supporter of Rhode Island’s Honor Roll at CBC. struggle of memory against forgetting.’’ There Armenian-American community throughout my Jay’s family and high school colleagues are those that would deny the Armenian public service career, I am proud to join my have chosen to honor his life and preserve his Genocide, just as there are those that deny colleagues today in honoring the victims of the memory by supporting the Martie J. ‘‘Jay’’ the reality of the Nazi Holocaust. In com- genocide by paying tribute to their memory, Aboussie, Jr. ’01 Scholarship Fund at Chris- memorating the Armenian Genocide we col- showing compassion for those who have suf- tian Brothers College. lectively engage in that struggle of memory fered from such prejudice, and never forget- I commend the efforts of his friends and against forgetting. We do this not only to re- ting the pain that they have endured. family in honoring Jay’s life to ensure that his member the past, but to reaffirm our commit- f memory lives on. ment to prevent such things from ever hap- TRIBUTE TO THE LATE RALPH f pening again, and to strive towards making a better future for the Armenian people. FORD JR. NINETY-SECOND COMMEMORATION It has taken Armenia decades to reach a OF THE ARMENIAN GENOCIDE point where its people could enjoy their rights HON. DANNY K. DAVIS as a free people. Today, we have an oppor- OF ILLINOIS SPEECH OF tunity and a responsibility to help ensure that IN THE HOUSE OF REPRESENTATIVES the Armenian people can build a better future. HON. JOSEPH CROWLEY Tuesday, April 24, 2007 OF NEW YORK And so, I look forward to continuing to work IN THE HOUSE OF REPRESENTATIVES with the Armenian-American community and Mr. DAVIS of Illinois. Madam Speaker, I rise Members of the Congressional Caucus on Ar- with a level of sadness to pay tribute to a Monday, April 23, 2007 menia to address the issues facing this long- good son, a good husband, a good father, a Mr. CROWLEY. Mr. Speaker, I rise today in time friend and important ally of the United good citizen and one of Chicago’s finest of the commemoration of the 92nd anniversary of the States, so that together we build something men and women in blue, Police Sargent Ralph Armenian Genocide. On April 24, 1915, the positive, something hopeful, something good Ford Jr. Ottoman government ordered the deportation for the futute—a peaceful, prosperous and se- It has been my pleasure and that of my wife of 2.5 minion Armenians. Over the next year, cure Armenia. to know the Ford Family for many years. I first 1.5 million Armenians had been killed or sent The Armenian Genocide is sometimes knew Ralph’s mother, Mrs. Jacqueline Ford, to the horrors of concentration camps. called the ‘‘Forgotten Genocide.’’ In fact, as when she was a pioneer community activist April 24 lives in the hearts and minds of an most of you know, back in 1939, prior to the serving on the board of the Martin Luther King Armenians. And while this day of remem- invasion of Poland, Adolph Hitler argued that Jr. neighborhood health center. She and my brance is somber, the day also brings a sense his plans for a Jewish holocaust would in the wife Vera have attended Carey Tercentenary of encouragement that stems from the suc- end be tolerated by the West, stating: ‘‘After AME Church together forever. I first knew cess of Armenian-American communities here all, who remembers the Armenians.’’ But we Ralph well when he was a young Chicago po- at home in the United States, as well as the do remember, and we shall never forget. And lice officer and I began to run for public office; independent nation of Armenia. This nation’s our memory and commemoration is stronger he was a diligent and enthusiastic volunteer independence has become a living testament than the hate of those who would perpetrate who was not afraid to be associated with our of honor to the memories of the survivors and the greatest crime known to humanity, the at- campaign even though I was running as an their descendents. tempt to exterminate an entire people. independent against the existing political ma- I have always supported the Armenian com- f chine. The fact that Ralph had attended the munity. In 2003, I had the opportunity to visit University of Arkansas at Pine Bluff added an- Armenia and to plant a tree at the Genocide NINETY-SECOND COMMEMORATION other star to his crown because I had attended memorial. We must never forget the horrors OF THE ARMENIAN GENOCIDE the old Arkansas A.M. & N College before it that took place 92 years ago. Let us never for- attained University status. Being the excellent get the 1.5 minion Armenians who perished in SPEECH OF police officer that he was, Ralph made Sar- 1915 and 1916. We know such mass murder HON. JAMES R. LANGEVIN gent and outdistanced many of his peers. He is not a tragedy from a distant past, but a con- OF RHODE ISLAND was jovial, a good talker, had a great person- tinuation of the failing to recognize these bar- IN THE HOUSE OF REPRESENTATIVES ality and a wonderful sense of humor. baric acts before they are executed. Family meant everything to Ralph, he was Monday, April 23, 2007 Mr. Speaker, again, I wish to commemorate totally devoted to his wife and children, he had the 92nd anniversary of the Armenian Geno- Mr. LANGEVIN. Mr. Speaker, I rise today to a great affinity for other members of the fam- cide, and I urge the leadership to bring H. commemorate the 92nd anniversary of the Ar- ily, and of course he and his mother Jackie Res. 106 to the floor for a vote. If we are to menian Genocide. Our voices, as well as had an absolute long-standing love affair. change the future, we must recognize the those of Armenian-Americans across the Na- Madam Speaker, Sargent Ralph Ford Jr. past. tion, are essential in the effort to bring needed was an absolute credit to his law enforcement f attention to such a historic tragedy. The Arme- profession, the apple of his wife and family’s nian-American community has made tremen- eyes and a joy to humanity. He shall be sorely NINETY-SECOND COMMEMORATION dous contributions to our country, and their ef- missed. OF THE ARMENIAN GENOCIDE forts and passion will help ensure that those f who lost their lives will not be forgotten. SPEECH OF Today, we pay tribute to the memory of H.R. 362 AND H.R. 363 HON. EDWARD J. MARKEY those who died, reflect on all those who have OF MASSACHUSETTS suffered from such prejudice, and vow to raise HON. SCOTT GARRETT IN THE HOUSE OF REPRESENTATIVES awareness so that such an atrocity never oc- OF NEW JERSEY curs again. As a member of the Armenian IN THE HOUSE OF REPRESENTATIVES Monday, April 23, 2007 Caucus and a cosponsor of the genocide res- Mr. MARKEY. Mr. Speaker, today is a day olution, I will keep fighting to ensure that the Tuesday, April 24, 2007 of remembrance and commemoration of the Armenian Genocide is appropriately recog- Mr. GARRETT of New Jersey. Madam Armenian Genocide, one of the darkest chap- nized. Speaker, I am encouraged by the continued ters of World War I, and the first of the series It is a shame that we have not learned from development of science, technology, engineer- of genocides we saw in the 20th Century. We our mistakes in the past regarding genocide, ing, and mathematics (STEM) education pro- set today aside to remember, as we do every but it is not too late to heal these wounds and grams in the United States as we seek to stay year, because it is essential to reflect upon also help end atrocities occurring as we competitive at the global level. While H.R. 362 these terrible events, but we also do so be- speak. To that end, we must not stand by as and 363 attempt to boost these endeavors, we cause we know that the Armenian people the situation deteriorates in Darfur. It is our have to examine at what cost and whether

VerDate Aug 31 2005 02:22 May 14, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\RECORD07\E25AP7.REC E25AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE E854 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2007 that cost is commensurate with what they ac- firsthand, governmental, and diplomatic evi- who is often first steered to and then locked complish. H.R. 363 alone would cost $1.25 bil- dence, this is nothing less than a disgrace. into jobs with wages that are deeply influ- lion over 5 years and H.R. 362 represents an Previous Congresses undertook many ef- enced by the gender of those who have tradi- expenditure of $1.5 billion over 5 years. forts to pass legislation recognizing the Arme- tionally held those jobs. Women are greatly Oddly, these duplicative bills seek to estab- nian Genocide. Unfortunately, all those at- underused today because of employer steer- lish programs that are already in existence tempts failed. Now, however, the movement to ing, and because of deeply rooted wage and expand others that have yet to show a re- recognize the genocide has generated enough stereotypes that result in pay according to turn on their original investment. As outlined momentum that passage of this resolution is gender and not according to the skills, efforts, by the Statement of Administrative Policy, ‘‘the finally possible. Congressman PALLONE, Chair responsibilities and working conditions nec- Academic Competitiveness Council has identi- of the Congressional Caucus on Armenian essary to do the job. I introduce the Fair Pay fied 105 existing STEM education programs Issues, has been a stalwart champion of this Act because the pay problems of most women spending over $3 billion annually, including 45 legislation. today stem mainly from this sex segregation programs that support training of STEM teach- The grassroots campaign ‘‘End the Cycle of between the jobs that women and men tradi- ers, and found that very few of these pro- Genocide’’ focuses on the lessons we can tionally do. Two-thirds of white women, and grams demonstrated evidence-based effective- learn from this tragic chapter in history. We three quarters of African American women, ness.’’ understand the horror of past genocides and work in just three areas: sales and clerical, My colleagues on the other side of the aisle recognize that mass exterminations underway service, and factory jobs. Only a combination would like to pour more money into programs today need to be stopped. We cannot remain of more aggressive strategies can break that are simply not working. I have continued silent as we observe from a distance how per- through the ancient societal habits present to support successful legislation like loan for- petrators execute their power over minorities. throughout human time the world over, as well giveness for science and math teachers to en- Now more than ever, as the world is gripped as the employer steering of women into wom- courage development in this field. I also en- by unrest and terrorism, the memory of the Ar- en’s jobs that is as old as paid employment courage individual states to look into programs menian Genocide underscores our responsi- itself. like that in New Jersey’s Core Curriculum bility to help convey our cherished traditions of The FPA recognizes that if men and women Content standards, which I was proud to work respect for fundamental human rights and op- are doing comparable work, they should be on in the New Jersey Assembly. Under this position to mass slaughter. paid a comparable wage. If a woman is an program, students are taught the highest level For these reasons, I support H. Res. 106 emergency services operator, a female-domi- of math and science while also providing de- and call upon the President to ensure that the nated profession, for example, she should be velopment of pre-engineering and design and foreign policy of the United States reflects an paid no less than a fire dispatcher, a male- equipping students with modern computer lit- appropriate level of understanding and sensi- dominated profession, simply because each of eracy. tivity concerning issues related to the Arme- these jobs has been dominated by one sex. If Out of a sense of responsibility to our Na- nian Genocide. a woman is a social worker, a traditionally fe- tion’s next generation, I could not in good con- f male occupation, she should earn no less than science support these expensive, bureauc- a probation officer, a traditionally male job, racy-laden bills. I will continue to support THE INTRODUCTION OF THE FAIR simply because of the gender associated with measures that are proven to work while up- PAY ACT OF 2007 each of these jobs. holding states’ Constitutional right to design The FPA, like the EPA, will not tamper with STEM programs which work well for them and HON. ELEANOR HOLMES NORTON the market system. As with the EPA, the bur- their students. OF THE DISTRICT OF COLUMBIA den will be on the plaintiff to prove discrimina- f IN THE HOUSE OF REPRESENTATIVES tion. She must show that the reason for the disparity is sex discrimination, not legitimate NINETY-SECOND COMMEMORATION Tuesday, April 24, 2007 market factors. Corrections to achieve com- OF THE ARMENIAN GENOCIDE Ms. NORTON. Madam Speaker, the 1963 parable pay for men and women are not rad- Equal Pay Act (EPA), the first of the great civil ical or unprecedented. State employees in al- SPEECH OF rights statutes of the 1960s, was highly suc- most half the State governments, in red and HON. JOHN CONYERS, JR. cessful for close to 20 years, but it is too blue States alike, have already demonstrated OF MICHIGAN creaky with age to be useful today. It is long that you can eliminate the part of the pay gap past the time to amend the EPA to meet the IN THE HOUSE OF REPRESENTATIVES tht is due to discrimination. Twenty States changed economy, where women work almost have adjusted wages for women State em- Monday, April 23, 2007 as much as men. Every year, my House col- ployees, raising pay for teachers, nurses, cler- Mr. CONYERS. Mr. Speaker, tonight I rise league ROSA DELAURO and I, and scores of ical workers, librarians, and other female- to remind the world that the 24th of April other Members, introduce the Paycheck Fair- dominated jobs that paid less than men with marks the 92nd anniversary of the Armenian ness Act, a bill to amend the EPA to make its comparable jobs. Minnesota, for example, im- Genocide, a systematic and deliberate cam- basic procedures equal to those used in other plemented a pay equity plan when they found paign of the Ottoman Empire to exterminate antidiscrimination statutes. However, the Fair that similarly skilled female jobs paid 20 per- an entire people. I also rise to reaffirm my Pay Act (FPA), which Senator TOM HARKIN cent less than male jobs. There often will be support for the adoption of the Armenian and I have also introduced, not only amends some portion of the gap that is traceable to Genocide Resolution, H. Res. 106. This legis- the EPA, but it picks up where the EPA leaves market conditions, but 20 States have shown lation contains a long list of U.S. and inter- off to bring the EPA into the 21st century by that you can tackle the discrimination gap national involvement against the Armenian taking on sex segregated jobs where gender without interfering with the free market system. Genocide of 1915. influenced wages leaves average women The States generally have closed the discrimi- Raphael Lemkin, who coined the term workers without any remedy too long. Con- nation gap over a period of 4 or 5 years at a ‘genocide’ in 1944, and who was the earliest gresswoman DELAURO and I have long one-time cost no more than 3 to 4 percent of proponent of the United Nations Convention pressed for the passage of the Paycheck Fair- payroll. on the Prevention and Punishment of Geno- ness Act and both of us will testify at its first In addition, routinely, many women workers cide, invoked the Armenian case as a defini- hearing today before the Committee on Edu- achieve pay equity through collective bar- tive example of genocide in the 20th century. cation and Labor about what is at bottom a gaining, and countless employers on their The time is now for the Administration to de- procedural update that should have occurred own, as they see women shifting out of vital scribe what occurred as a genocide. There is 25 years ago. I will be testifying from my own female-dominated occupations, the resulting no option for continued denial. experience as the first woman chair of the effects of the shortage of workers, and the un- Atrocities which fell upon a nation almost a Equal Employment Opportunity Commission fairness to women, and are raising women’s century ago are still crying out for commemo- (EEOC), when President Jimmy Carter moved wages with pay equity adjustments. Unequal ration. Armenia’s people did not get sufficient the EPA and other civil rights statutes to the pay has been built into the way women have recognition of their devastation and our gov- EEOC as parts of a historic organization when been treated since Adam and Eve. To dis- ernment has yet to take an appropriate posi- I became chair. lodge such deep seated and pervasive treat- tion in this matter. Considering how well docu- Along with my indispensable Senate part- ment, we must go to the source, the female mented the Armenian genocide is in U.S. ar- ner, TOM HARKIN, I again introduce the Fair occupations where pay now identifies with chives and through an overwhelming body of Pay Act to reach the average woman worker, gender and always has.

VerDate Aug 31 2005 02:22 May 14, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\RECORD07\E25AP7.REC E25AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 25, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E855 Recently, I thought we were seeing There cannot be lasting peace in the Holy MR. LAMBORN CONDEMNS TRAGIC progress when the census reported last year Land until the Palestinian people insist that all ANNIVERSARY that Black, college-educated women actually armed parties come under the control of a earned more than white, college-educated freely elected government. Palestinian terrorist HON. DOUG LAMBORN women, although the overall wage gap for groups operate under their own authority, OF COLORADO Black women, at 65 percent, remains consid- planning and carrying out their attacks based IN THE HOUSE OF REPRESENTATIVES erably larger than the gap for white women. on their warped view of Israeli grievances. No explanation was offered for the progress This is just as destructive for peace-loving Pal- Tuesday, April 24, 2007 for Black women, but other data and informa- estinians as for peace-loving Israelis. Mr. LAMBORN. Madam Speaker, I rise tion suggest that even when women seem to Hamas continues to call for the destruction today to recognize but not celebrate the 40th catch up it may not be what we had in mind. of Israel in its official policy statements. How anniversary of the legalization of abortion in I suspect that African American women are can Israel hope to negotiate a lasting peace if the State of Colorado. On April 25, 1967, the represented disproportionately among the 50 the stated goal of the other sitting government Colorado State Legislature passed its first law percent of all multiple job holders who are is the very annihilation of their state? There legalizing abortion. Since the passage of this women. I am certain that this progress for Afri- can be peace, but only if Hamas shows in law, hundreds of thousands of Coloradans can American women also tells a tragic story. word and deed that coexistence is its goal. have lost their lives as a direct result. Today The decline in marriageable Black men, eaten Until that time, the international community the death toll continues to mount in Colorado alive by ghetto life, also means that many col- should support Israel, a state that abides by as well as the rest of the country, and with it lege-educated Black women are likely to be international treaties and is actively seeking a the tremendous cost to our society. single with no need for even the short time-out long-term solution to violence. As long as What would have become of the 50 million for children that many white women often take Hamas continues to promulgate random at- Americans whose lives were so untimely taken that may affect their wages as compared with tacks on civilians and violate international pris- from them? What discoveries will we never Black women. oner of war standards, it cannot be trusted to see? What diseases will never be cured be- The best case for a strong and updated sit down with the Israelis in good faith negotia- cause we allowed these lives to be taken? EPA with at least the Paycheck Fairness Act tions for peace. The loss to society, resulting from the per- occurred here in the Congress in 2003, when f verse logic that the life of an ‘‘unplanned’’ women custodians in the House and Senate child does not possess the same value as that won an EPA case after showing that women RECOGNIZING EQUAL PAY DAY of any other child, is staggering. workers were paid a dollar less for doing the The most common medical procedure per- same and similar work as men. Had they not HON. JOHN CONYERS, JR. formed in the United States, abortion is also a been represented by their union, they would OF MICHIGAN deplorable attack on the health of American have had an almost impossible task using the IN THE HOUSE OF REPRESENTATIVES women. Abortion, though it was legalized in rules for bringing and sustaining an EPA class Tuesday, April 24, 2007 the name of women’s health, causes imme- action suit. The FPA simply modernizes the diate medical complications for over 140,000 EPA to bring it in line with later passed civil Mr. CONYERS. Madam Speaker, I rise women a year, increases the risk of premature rights statutes. From my tenure as EEOC today in observation of Equal Pay Day, a day birth in subsequent pregnancies, and results in chair, I know all too well the several ways that where we recognize that women and people a higher chance of infertility. Furthermore, this historic legislation needs a 21st century of color continue to suffer the consequences post-abortion syndrome, which is similar to make-over. of inequitable pay. This day symbolizes the post-traumatic stress disorder, has led to un- We cosponsored both these two bills every time in the year which wages, especially paid told amounts of suffering among American year to say let’s at least start with the Pay- to American women, catch up to the wages women. Compared to women that give birth, check Fairness Act so we can be prepared to paid to men from the previous year. women who abort their unborn children are al- go further with the Fair Pay Act. Start where Ever since the Equal Pay Act was signed most three times more likely to require psy- you like, but Congress should be ashamed to into law in 1963, the wage gap between men chological care. let another year go by while working families and women has only been closing at a slow I believe that our grandchildren and great- lose more than $200 billion annually—more rate. Back then, women who worked full-time grandchildren will one day look upon abortion than $4,000 per family—because even consid- year-round made 59 cents on average for as we now look upon slavery, as an evil so ering education, age, hours works and loca- every dollar earned by men. Even today, great it tore apart the moral fabric of our Na- tion, women are paid less than they are worth. women only earn 77 cents to the dollar, which tion. While fighting slavery, the inhumane Let’s start this year to make pay worthy of the means that the gap has narrowed by less than scourge of his own era, Frederick Douglass American women we have asked to go to half a cent per year. In 2006, there were 70.2 said, ‘‘one and God makes a majority.’’ Those work. million women aged 16 and over in the work- who fight in the name of life are therefore the f force, which made up 46 percent of all work- majority, and will ultimately prevail. I hope and HAMAS BREAKS TRUCE ers, and reflected a significant increase from pray that I will never again have to observe only 18.4 million working women in 1950. this dark anniversary, and promise that I will Over a working lifetime, this wage disparity continue to do everything in my power to pro- HON. SCOTT GARRETT costs the average American woman and her OF NEW JERSEY tect innocent lives and the well-being of family $700,000 to $2 million in lost wages, IN THE HOUSE OF REPRESENTATIVES women. and thus impacting social Security benefits f Tuesday, April 24, 2007 and pensions. Mr. GARRETT of New Jersey. Madam With the growing rate of women in the work- PERSONAL EXPLANATION Speaker, early this morning, the day that force, and more families reliant upon their pay- marks the 59th year of Israeli independence, checks for livelihood, the issue of equal pay is HON. JOHN BOOZMAN Hamas militants broke their truce by launching not simply a women’s issue, but a family OF ARKANSAS dozens of rockets and mortars into Israel. issue. The wage gap hurts everyone because IN THE HOUSE OF REPRESENTATIVES While no one was hurt and there was no re- it decreases a family’s income that pays for ported damage, this is yet another setback for their essential needs. When women earn Tuesday, April 24, 2007 Middle East peace and for the kidnapped more, the entire family benefits. Mr. BOOZMAN. Madam Speaker, due to a Gilad Shalit and his family who have patiently For these reasons Madam Speaker, I am in funeral, I was unable to return in time to vote awaited his return. strong support of the Paycheck Fairness Act. on Monday, April 23, 2007. Please find below Hamas remains an organization full of con- I hope that this Congress will bring new light a listing of my missed votes and a record of tradictions. While their militant wing says the to this bill do what has not been done over the my votes, had I been present. cease fire is over, the political wing insists that past 40 years. It will be through our bipartisan Rollcall #245 on H. Res. 179, I am not re- the cease fire is to be resumed. Hamas claims efforts that we eradicate the unfair treatment corded because I was absent due to a funeral. that Shalit is a prisoner of war and yet they of women in the labor market, and help fami- Had I been present, I would have voted ‘‘aye.’’ bar the Red Cross from visiting him and have lies gain the resources they need to ensure Rollcall #246 on H.R. 1434, I am not re- offered only scant proof the he even remains that their children have access to a better fu- corded because I was absent due to a funeral. alive. ture in the 21st century. Had I been present, I would have voted ‘‘aye.’’

VerDate Aug 31 2005 02:22 May 14, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\RECORD07\E25AP7.REC E25AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE E856 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2007 Rollcall #247 on H.R. 1402, I am not re- deteriorates. That’s nearly 2.4 million lost EXPRESSING SORROW OF THE corded because I was absent due to a funeral. homes. HOUSE AT THE DEATH OF THE Had I been present, I would have voted ‘‘aye.’’ In Ohio the foreclosure epidemic went from HONORABLE JUANITA MILLEN- DER-MCDONALD, MEMBER OF f bad to much worse last year as the number of CONGRESS FROM THE STATE OF new cases grew by nearly 24 percent from THE ISSUE OF PREDATORY CALIFORNIA LENDING PRACTICES 2005. Cuyahoga County led the state in new cases with 13,610 new filings last year. This SPEECH OF HON. STEPHANIE TUBBS JONES ranking has attracted national attention with OF OHIO Ohio’s foreclosure rate currently at 18 percent HON. CHARLES B. RANGEL which is higher than the national average of IN THE HOUSE OF REPRESENTATIVES OF NEW YORK 17 percent. The problem has gone from bad IN THE HOUSE OF REPRESENTATIVES Tuesday, April 24, 2007 to worse and from worse to regress in Ohio, Mrs. JONES of Ohio. Madam Speaker, I with 7,479 filings in February 2007 alone. Monday, April 23, 2007 rise today to speak out on the issue of preda- Predatory lending has expanded its reach Mr. RANGEL. Madam Speaker, I rise to tory lending practices within the subprime beyond mortgage lending. Predatory practices enter into the CONGRESSIONAL RECORD re- lending industry. are becoming increasingly prevalent in refund marks on the life and work of the Honorable Madam Speaker, I have heard from count- anticipation, auto, and payday loans. Congresswoman JUANITA MILLENDER-MCDON- less constituents in my district regarding this ALD. Congresswoman MILLENDER-MCDONALD issue. As you may know, Ohio has one of the There were over 12 million Refund Anticipa- served seven terms for the 37th Congres- highest rates of foreclosure in the country. tion Loan borrowers in 2003. Tax preparers sional District as a Democrat in the U.S. Members of my community that I have known and lenders strip about $1.57 billion in fees House of Representatives. She died of cancer for years are being faced with foreclosure after each year from the earned-income tax credits on April 22, 2007 at age 68. owning a home for over 40 years in some paid to working parents, according to a 2005 Mrs. MILLENDER-MCDONALD was born in Bir- cases. Seniors are being affected at a dis- study by the National Consumer Law Center. mingham, Alabama on September 7, 1938. proportionate rate. Lenders prey on seniors It is also estimated that Predatory payday who have been in their homes all of their lives, She always placed education and women’s lending practices cost American families $4.2 and have a substantial amount of equity in rights in the forefront of her issues and values; billion annually. In addition, research indicates their home. They promote these balloon and after graduating from the University of Red- that minorities pay on average $2,000 more adjustable rate mortgages that look attractive lands with an undergraduate degree, she be- per vehicle purchased than nonminorities. and are affordable in their initial stages. How- came a teacher for the Los Angeles Unified ever, after 2 years or more, these loans read- Predatory auto lending is taking an estimated School District. When she attained her Mas- just to much higher payments with higher in- $2 billion dollars a year out of African Amer- ter’s Degree from California State University at terest rates. For instance, one of my constitu- ican communities alone. Los Angeles, she gave up her job as a teach- ents is currently in an adjustable rate mort- Madam Speaker, I have been hollering er to be an editor and writer for the school dis- trict. Her lifelong fight for women’s rights gage, which locked in a payment of $1088 for about this issue since I came to Congress in emerged when she became the manuscript 2 years. After 2 years, the mortgage payment 1999. It is unfortunate that the issue is being editor for Images, a textbook designed to en- increased to $1488. Three months later the given some serious national attention only hance the self-esteem of young women. payment increased to $1715. This payment in- after posing a threat to corporations and finan- crease has had a significant impact on this in- cial and mortgage security industries. Last Au- Before running for local office, she was named the Director of Gender Equity Pro- dividual’s budget and because they are not in gust, I along with the Financial Services Com- grams for the Los Angeles school district. In a position to refinance, they are currently fac- mittee organized a field hearing in my Con- 1990, she was elected the first African Amer- ing foreclosure. gressional District to hear from local officials ican woman to the Carson City Council, and in Creating wealth is the most fundamental and community representatives that work with 1992 the first woman to represent the 55th As- and important goal of minorities that seek eco- this issue on a day-to-day basis. The hearing sembly District in the California State Legisla- nomic equity. One of the first steps toward brought Ohio to the forefront of the foreclosure creating wealth is homeownership. The equity ture in 1992. In both roles she attacked the issue as it held rankings among the highest in congestion and transportation problems of from owning a home is often the only means the Nation. to secure funding for a new business, college California infrastructure. As an tuition, or retirement. Predatory lending targets To continue in the fight, this week, I will be assemblywoman, she helped push the Ala- low income and minority communities. It com- introducing the Predatory Lending Practices meda Corridor, a $1.8 billion public works promises the opportunity to own a home and Reduction Act. This legislation serves to ac- project to lay new tracks and build trenches hinders economic stability, creating greater complish three main goals: 1) Establish a fed- and bridges. Her concern with transportation disparities in wealth. eral certification program to require mortgage continued in her national office. The nonprofit Center for Responsible Lend- brokers and other agents involved in subprime As a member of the House, she was ap- ing projects that as this year ends, 2.2 million loan transactions to become certified and pass pointed to the Committee on Transportation households in the subprime market will either a written examination that covers, among and Infrastructure and its Subcommittees on have lost their homes to foreclosure or hold other things, Federal law relative to Truth in Aviation and Surface Transportation. She also subprime mortgages that will fail over the next Lending, Fair Housing, Equal Credit Oppor- served on the Committee on Small Business several years. These foreclosures will cost tunity Act and other Federal legislation. 2) and as one of the ranking members on the homeowners as much as $164 billion, pri- Sets up minimum standards as they relate to Subcommittee on Tax, Finance, and Exports. marily in lost home equity. providing information to consumers as well as After two years in the House, she was named It is also projected that one out of five (19 best practices for dispute/complaint resolution; the Region One Democratic Whip, and was percent) subprime mortgages originated during and 3) Creates civil penalties for violations of honored with the Watts Walk of Fame for her the past two years will end in foreclosure. This federal law pertaining to predatory lending; In work on behalf of the 37th District. In 2006, rate is nearly double the projected rate of addition it addresses appraisal fraud which the Congresswoman became the first African subprime loans made in 2002, and it exceeds has become increasingly popular among pred- American chair of the House Administration the worst foreclosure experience in the atory practices. Committee. modem mortgage market, which occurred dur- For her entire life, Congresswoman JUANITA I commend Chairman BARNEY FRANK of the ing the ‘‘Oil Patch’’ disaster of the 1980s. MILLENDER-MCDONALD has fought for social Financial Services Committee on his commit- The nonprofit Center for Responsible Lend- justice. She was a leader in election reform, ment to working on this issue. I look forward ing analyzed 15.1 million subprime loans from women’s rights, and transportation solutions; 1998 through 2006 and found that only about to working with the Chairman and my col- she was a credit to her district and to all the 1.4 million were for first-time home buyers. leagues on a solution to an issue that has people she served as a Representative of the Most were for refinancing. To date, more than devastated minority communities for over a United States. Her husband, five adult children 500,000 of those subprime borrowers have decade. and five grandchildren survive her. I commend lost their homes to foreclosures. An additional Thank you to my colleague Mr. CUMMINGS her and her life’s work, and ask my colleagues 1.8 million are likely to follow as the market for organizing this effort. to recognize her memory.

VerDate Aug 31 2005 02:22 May 14, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\RECORD07\E25AP7.REC E25AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 25, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E857 NINETY-SECOND COMMEMORATION and was instrumental in the passage of impor- School administrators such as Superintendent OF THE ARMENIAN GENOCIDE tant AIDS-prevention programs in Africa. The William Rentschler, Principal Greg Biles, and Congresswoman was also a staunch advocate Athletic Director Will Hostrawser must also be SPEECH OF for the rights of women, minorities, children, recognized for their crucial role in the team’s HON. HILDA L. SOLIS and the elderly. success. ILLENDER C ONALD Finally, recognition must be given to the OF CALIFORNIA Congresswoman M -M D will also be remembered as a preeminent leader school community of Oregon-Davis and its IN THE HOUSE OF REPRESENTATIVES and trailblazer. She was the first-ever African- surrounding areas for the enthusiastic support Monday, April 23, 2007 American or woman to chair the Committee on of the team both during the season and in the Ms. SOLIS. Mr. Speaker, today we solemnly House Administration where she worked hard State finals. Despite Oregon-Davis’s enroll- commemorate the 92nd anniversary of the Ar- to ensure that all Americans would be guaran- ment of only 246, the athletic department sold menian Genocide where, over the course of teed their rights at the voting booth. As the over 1,800 tickets to Bobcat fans who then eight years, from 1915 to 1923, the Ottoman Democratic Chair of the Congressional Cau- traveled to Indianapolis to support the team in Empire launched a systematic campaign to cus for Women’s Issues, Congresswoman the State finals. This show of support no doubt exterminate its Armenian community. During MILLENDER-MCDONALD convened was instrumental in the team’s victory. that time, more than 1.5 million Armenians groundbreaking meetings with then-UN Sec- Again, I offer my congratulations to the Bob- suffered through mass killings, deportations, retary-General Kofi Annan to discuss global cats’ boys basketball team, as well as to all forced slavery and torture. poverty programs, as well as the New York Oregon-Davis students, staff, and supporters Once the genocide ended, many survivors Stock Exchange to find ways to empower for the team’s outstanding achievements in the rose above their anguish and terrible experi- women in the workplace. 2006–2007 basketball season. ences to rebuild their lives. Armenian commu- Madam Speaker, Congresswoman MILLEN- f nities began to flourish as numerous immi- DER-MCDONALD led an exemplary life of public HONORING THE PLYMOUTH HIGH grants found a new home here in the United service that included her most recent position SCHOOL BOYS’ BASKETBALL TEAM States, as well as in my home state of Cali- as the ‘‘Mayor of Capitol Hill’’. The House fornia. Even though their communities discov- community lost a true friend. May God rest her HON. JOE DONNELLY soul. ered solace and success in America, the scars OF INDIANA of genocide remain deeply embedded in their f IN THE HOUSE OF REPRESENTATIVES history and in our conscience. If we are to pro actively engage the inter- HONORING THE OREGON-DAVIS Tuesday, April 24, 2007 national community, we must realize the sig- HIGH SCHOOL BOYS’ BASKET- Mr. DONNELLY. Madam Speaker, today I nificance of commemorating the Armenian BALL TEAM rise before you to offer a word of congratula- Genocide. Equipped with information and edu- tions to the Plymouth High School boys’ bas- cation, we can ensure that the legacy of the HON. JOE DONNELLY ketball team. The Pilgrims were crowned Divi- genocide endures and that atrocities such as OF INDIANA sion 3A Indiana state basketball champions on those that befell the Armenian people never IN THE HOUSE OF REPRESENTATIVES March 24, 2007, at Indianapolis’s Conseco happen again. Tuesday, April 24, 2007 Fieldhouse. Plymouth captured the state title Together we can educate, commemorate, with a 72–61 victory over Evansville’s Ben- remember, and stand united in promoting a Mr. DONNELLY. Madam Speaker, today I jamin Bosse High School. clear message that the United States does not rise to express my congratulations to the Or- The boys worked tirelessly throughout the condone, nor does it tolerate acts of genocide. egon-Davis boys’ basketball team for winning season and compiled an overall record of 25– Today we mourn the victims, pay tribute to the Indiana 1–A boys’ basketball state cham- 2. This season’s efforts bested the team’s the survivors, and stand together with all who pionship on March 24, 2007. The Bobcats’ vic- 2005 finish of State runner-up. This is only the are committed to promoting awareness about tory comes just 3 weeks after the Lady-Bob- second time in the school’s history that the the atrocities of genocide. Today we remem- cats captured the 1–A girls’ State crown with boys’ basketball team has captured the State ber to never forget. a 54–46 victory in the title game. This is the title, and this season’s triumph marks the 25th f first time in Indiana High School Basketball anniversary of the school’s 1982 champion- history that both the boys’ and girls’ State bas- ship season. EXPRESSING SORROW OF THE ketball titles were won by the same school in This year’s team was led by seniors Jason HOUSE AT THE DEATH OF THE the same year. Renz, Jared Wendel, Chad Clinton, Jacob HONORABLE JUANITA MILLEN- The Bobcats’ 63–52 victory over the Barr- Palmer, and Bryron Faulstich. Other members DER-MCDONALD, MEMBER OF Reeve Vikings was the crowning achievement of the team include juniors P.J. Gretter, Randy CONGRESS FROM THE STATE OF to an almost perfect season. Oregon-Davis fin- Davis, Nick Neidlinger, Sam Faulstich, Ryan CALIFORNIA ished with a record of 27–1 and held the top Welch, and Blaine Schafer, and sophomore ranking in Division 1–A for most or the sea- Jeremy Renz. Randy Davis and Jared Wendel SPEECH OF son. The Bobcats’ win was led by the indi- gave impressive individual performances in HON. HEATH SHULER vidual performances of seniors Justin Egger the championship game, scoring 28 and 20 OF NORTH CAROLINA and Nathan Ferch who scored 19 and 18 points, respectively. Individual honors were IN THE HOUSE OF REPRESENTATIVES points, respectively, the victory was a team ef- also bestowed upon Jason Renz as he was fort, The boys made 20 of 25 free throws awarded the prestigious Arthur L. Trester Monday, April 23, 2007 throughout the game, tying the Indiana record Mental Attitude Award for his distinguished Mr. SHULER. Madam Speaker, I rise today for most free throws in a State championship. leadership, scholarship, and athletic ability. to honor the extraordinary life of Congress- The Bobcats’ varsity roster consisted of 11 This team’s achievements would not have woman JUANITA MILLENDER-MCDONALD. I was young men, including seniors Justin Egger, been possible without the support of a wide saddened to learn of her passing after her Nathan Ferch, Brandon Johnston, Joseph variety of coaches and school officials. Head courageous battle with cancer, and my Baughman, Austen Cornell, and Adam Coach Jack Edison—in his 34th season of thoughts and prayers are with her husband, Pflugshaupt; juniors Daniel Henigsmith, Ryne coaching at Plymouth—and his assistant staff James McDonald, Jr., their five children and Sweeney, Andy Lawrence, and Josh Taylor; of John Scott, Michael Edison, Joel Grindle, five grandchildren—as well as the people of sophomore Mike Wood; and freshmen Travis Zach Scott, Tony Plothow, and Tom the 37th district of California. Collings and Nick Hofferth. Following the Isenbarger provded the players with guidance Congresswoman MILLENDER-MCDONALD game, Adam Pflugshaupt was awarded with both on and off the court. Administrators such served this Congress honorably for over five the prestigious Arthur L. Tester ‘‘Award for as Superintendent Dr. John Hill, Principle terms, during which time she was a tireless Mental Attitude’’ for his excellence in leader- Richard Tobias, and Athletic Director Roy advocate for underserved communities in the ship, scholarship, and athletic ability. Benge must also be recognized for their ef- U.S. and around the globe. Among her many The boys were supported throughout the forts in support of the team’s continued suc- accomplishments, Congresswoman MILLEN- season by the dedicated coaching staffed by cess. Last, but certainly not least, all the Plym- DER-MCDONALD secured critical funding for Head Coach Travis Hannah; assisted by outh fans, and in particular the always ener- counseling services for our servicemen and coaches Ryan Reese, Jim Ash, and Shaun getic student body, should be recognized for women returning from Iraq and Afghanistan, Johnston; and managed by Brandon Surma. their enthusiasm and pride in the team.

VerDate Aug 31 2005 02:22 May 14, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\RECORD07\E25AP7.REC E25AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE E858 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2007 The 2006–2007, Plymouth boys’ basketball 2 p.m. the government of the District of Co- team has secured a place in the storied his- Agriculture, Nutrition, and Forestry lumbia, focusing on the federally-fund- tory of Indiana high school basketball. I offer To hold hearings to examine conserva- ed entities. my congratulations to the members of the tion policy recommendations for the SD–192 farm bill. team, the coaching staff, the school, and the SR–328A MAY 3 greater Plymouth community on their accom- 2:30 p.m. plishments throughout the season. 9:30 a.m. Energy and Natural Resources Armed Services f Energy Subcommittee To hold hearings to examine the United To hold hearings to examine S. 129, to States Central Command in review of SENATE COMMITTEE MEETINGS study and promote the use of energy- the Defense Authorization Request for Title IV of Senate Resolution 4, efficient computer servers in the Fiscal Year 2008 and the Future Years United States, S. 838, to authorize agreed to by the Senate on February 4, Defense Program. funding for eligible joint ventures be- 1977, calls for establishment of a sys- SD–106 tem for a computerized schedule of all tween United States and Israeli busi- nesses and academic persons, to estab- 10 a.m. meetings and hearings of Senate com- Appropriations mittees, subcommittees, joint commit- lish the International Energy Advisory Board, H.R. 85, to provide for the estab- Legislative Branch Subcommittee tees, and committees of conference. lishment of centers to encourage dem- To hold hearings to examine proposed This title requires all such committees onstration and commercial application budget estimates for fiscal year 2088 for to notify the Office of the Senate Daily of advanced energy methods and tech- the Office of the Secretary of the Sen- Digest—designated by the Rules Com- nologies, and H.R. 1126, to reauthorize ate and the Library of Congress. mittee—of the time, place, and purpose the Steel and Aluminum Energy Con- SD–124 of the meetings, when scheduled, and servation andTechnology Competitive- Appropriations any cancellations or changes in the ness Act of 1988. Transportation, Housing and Urban Devel- meetings as they occur. SD–366 opment, and Related Agencies Sub- As an additional procedure along Armed Services committee with the computerization of this infor- SeaPower Subcommittee To hold hearings to examine proposed budget estimates for fiscal year 2008 for mation, the Office of the Senate Daily To hold hearings to examine the Depart- ment of Defense transportation pro- the Department of Housing and Urban Digest will prepare this information for grams in review of the Defense Author- Development. printing in the Extensions of Remarks ization Request for Fiscal Year 2008 SD–138 section of the CONGRESSIONAL RECORD and the Future Years Defense Pro- 2:30 p.m. on Monday and Wednesday of each gram. Commerce, Science, and Transportation week. SR–222 To hold hearings to examine pending Meetings scheduled for Thursday, Commerce, Science, and Transportation nominations. April 26, 2007 may be found in the Daily Surface Transportation and Merchant Ma- SR–253 Digest of today’s RECORD. rine Infrastructure, Safety and Secu- Energy and Natural Resources rity Subcommittee Public Lands and Forests Subcommittee MEETINGS SCHEDULED To hold hearings to examine Electronic To hold hearings to examine S. 390, to di- APRIL 30 On-Board Recorders (EOBR’s) and rect the exchange of certain land in truck driver fatigue reduction. 2 p.m. Grand, San Juan, and Uintah Counties, SR–253 Commerce, Science, and Transportation Utah, S. 647, to designate certain land Intelligence Interstate Commerce, Trade, and Tourism in the State of Oregon as wilderness, S. To hold hearings to examine the Foreign Subcommittee 1139, to establish the National Land- Intelligence Surveillance Act (Public To hold hearings to examine Halliburton scape Conservation System, H.R. 276, and United States business ties to Iran. Law 95–511). to designate the Piedras Blancas Light SR–253 SD–106 Station and the surrounding public 2:30 p.m. land as an Outstanding Natural Area to Homeland Security and Governmental Af- MAY 2 be administered as a part of the Na- fairs 9:15 a.m. tional Landscape Conservation System, Oversight of Government Management, the Commerce, Science, and Transportation and for otherpurposes, H.R. 356, to re- Federal Workforce, and the District of Interstate Commerce, Trade, and Tourism move certain restrictions on the Mam- Columbia Subcommittee Subcommittee moth Community WaterDistrict’s abil- To hold hearings to examine the Federal To hold hearings to examine United ity to use certain property acquired by government’s role in empowering States trade relations with China. that Districtfrom the United States, S. Americans to make informed financial SR–253 205, to grant rights-of-way for electric decisions. 10 a.m. transmission lines over certain Native SD–342 Judiciary allotments in the State of Alaska, and Terrorism, Technology and Homeland Se- H.R. 865, to grant rights-of-way for curity Subcommittee MAY 1 electric transmission lines over certain To hold hearings to examine strength- 9:30 a.m. Native allotments in the State of Alas- ening the security of international Homeland Security and Governmental Af- ka. travel documents, focusing on inter- fairs SD–366 rupting terrorist travel. To hold hearings to examine the nomina- Intelligence SD–226 tion of Howard Charles Weizmann, of Closed business meeting to consider cer- 10:30 a.m. Maryland, to be Deputy Director of the tain intelligence matters. Aging Office of Personnel Management. SH–219 To hold hearings to examine the Nursing SD–342 9:30 p.m. Home Reform Act (Public Law 100-203), 10 a.m. Indian Affairs focusing on what has been accom- Commerce, Science, and Transportation To hold hearings to examine S. 310, a bill Aviation Operations, Safety, and Security plished and what challenges still re- to express the policy of the United Subcommittee main. States regarding the United States re- To hold hearings to examine improving SD–628 lationship with Native Hawaiians and air service to small and rural commu- 2:30 p.m. to provide a process for the recognition nities. Energy and Natural Resources SR–253 Water and Power Subcommittee by the United States of the Native Ha- Health, Education, Labor, and Pensions To hold hearings to examine S. 27, to au- waiian governing entity. To hold hearings to examine No Child thorize the implementation of the San SR–485 Left Behind Reauthorization, focusing Joaquin River Restoration Settlement. on measuring progress and supporting SD–366 MAY 9 effective interventions. 3 p.m. 9:30 a.m. SD–106 Appropriations Agriculture, Nutrition, and Forestry Judiciary Financial Services and General Govern- To hold hearings to examine farm bill To hold hearings to examine process pat- ment Subcommittee policy proposals relating to farm and ents. To hold hearings to examine proposed energy issues and rural development. SD–226 budget estimates for fiscal year 2008 for SR–328A

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HIGHLIGHTS The House agreed to the Conference Report to accompany H.R. 1591, U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Ac- countability Appropriations Act, 2007. Senate Adopted: Chamber Action Bingaman (for McCaskill/DeMint) Modified Routine Proceedings, pages S5013–S5121 Amendment No. 931, to provide for a review by the Measures Introduced: Twenty-one bills and three Comptroller General of the activities, grants, and resolutions were introduced, as follows: S. programs carried out under the Act. Pages S5030–31 1204–1224, S.J. Res. 12, and S. Res. 171–172. Bingaman (for Obama) Modified Amendment No. Pages S5085–86 923, to expand the pipeline of individuals entering Measures Reported: the science, technology, engineering, and mathe- matics fields to support United States innovation Special Report entitled ‘‘Further Revised Alloca- and competitiveness. Pages S5030–31 tion to Subcommittees of Budget Totals for Fiscal Year 2007’’. (S. Rept. No. 110–56) A unanimous-consent agreement was reached pro- viding that notwithstanding adoption of the Obama S. Res. 116, designating May 2007 as ‘‘National Amendment No. 923 as modified, that the DeMint Autoimmune Diseases Awareness Month’’ and sup- Amendment No. 929 agreed to on Tuesday, April porting efforts to increase awareness of autoimmune 24, 2007, still be in order. Page S5045 diseases and increase funding for autoimmune disease research. Bingaman (for Snowe/Kohl) Amendment No. 941, to clarify the types of expenses available to Regional S. Res. 125, designating May 18, 2007, as ‘‘En- Centers under the Hollings Manufacturing Extension dangered Species Day’’, and encouraging the people Partnership program in meeting their non-Federal of the United States to become educated about, and funding commitment. Pages S5030–31 aware of, threats to species, success stories in species recovery, and the opportunity to promote species Bingaman (for Levin/Voinovich) Amendment No. conservation worldwide. 960, to include the Great Lakes in research, develop- ment, and science education programs of the Na- S. Res. 146, designating June 20, 2007, as tional Oceanic and Atmospheric Administration. ‘‘American Eagle Day’’, and celebrating the recovery and restoration of the American bald eagle, the na- Pages S5030–31 tional symbol of the United States. Bingaman (for Obama) Modified Amendment No. 905, to require the Director of Mathematics, Science, S. Res. 162, commemorating and acknowledging and Engineering Education to establish a program to the dedication and sacrifice made by the men and recruit and provide mentors for women and under- women who have lost their lives while serving as law represented minorities who are interested in careers enforcement officers. Pages S5084–85 in mathematics, science, and engineering. Measures Passed: Pages S5033–34 America COMPETES Act: By 88 yeas and 8 nays Inhofe Modified Amendment No. 955, to protect (Vote No. 146), Senate passed S. 761, to invest in American competitiveness. Pages S5033, S5046 innovation and education to improve the competi- Kohl Amendment No. 942, to increase the tiveness of the United States in the global economy, amounts authorized to be appropriated for the Man- and after taking action on the following amendments ufacturing Extension Partnership Program. proposed thereto: Pages S5020–72 Pages S5045–46, S5057 D564

VerDate Aug 31 2005 06:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP7.REC D25APPT1 bajohnson on PRODPC74 with DIGEST April 25, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D565 Bingaman (for Grassley) Modified Amendment Bingaman (for Alexander/Bingaman) Amendment No. No. 915, to modify provisions relating to the ad- 980, to express the sense of Senate regarding policies re- vanced placement and international baccalaureate lated to deemed export control. Pages S5057–63 Bingaman (for Crapo/Schumer) Amendment No. 956, program. Pages S5057–58 to express the sense of the Senate regarding concerns that Bingaman (for Grassley) Modified Amendment United States capital markets are losing their competitive No. 916, to modify provisions relating to the sum- edge in intensifying global competition, and to rec- mer institutes program. Pages S5057–58 ommend that Congress and the Administration take the Bingaman (for Obama) Modified Amendment No. necessary steps to reclaim the preeminent position of the 924, to establish summer term education programs. Untied States in the global financial services marketplace. Pages S5057–59 Page S5064 Bingaman (for Menendez) Modified Amendment Bingaman (for Snowe) Amendment No. 973, to in- No. 926, to establish a laboratory science pilot pro- clude the Administrator of the Small Business Adminis- gram at the National Science Foundation. tration on the President’s Council on Innovation and Competitiveness. Page S5068 Pages S5057–59 By 82 yeas and 14 nays (Vote No. 145), Coburn Bingaman (for Coleman/Pryor) Modified Amend- Amendment No. 922, to promote transparency at the ment No. 944, to provide for mathematics and National Oceanic and Atmospheric Administration. science partnership bonus grants. Pages S5057–59 Pages S5047–52, S5066 Bingaman (for Baucus) Amendment No. 950, to Rejected: provide that 21st century learning skills are included By 24 yeas and 74 nays (Vote No. 141), Binga- in the alignment of education programs. man (for Sununu) Amendment No. 938, to strike Pages S5057–60 the provisions regarding strengthening the education Bingaman (for Baucus) Amendment No. 951, to and human resources directorate of the National allow distance learning projects as an optional activ- Science Foundation. Pages S5020–23 ity for the foreign language partnership program. By 22 yeas to 71 nays (Vote No. 142), DeMint Pages S5057–60 Amendment No. 930, to prohibit congressional ear- Bingaman (for Baucus) Modified Amendment No. marks of funds appropriated pursuant to authoriza- 952, to require the Secretary of Commerce to collect tions in the bill. Pages S5029–30, S5056–57 data and conduct a study relating to export and im- By 27 yeas and 67 nays (Vote No. 143), Coburn port of services. Pages S5057–60 Amendment No. 918, to provide a sunset date. Bingaman (for Hatch) Modified Amendment No. Pages S5046–47, S5057 957, to improve the provisions relating to eligible By 39 yeas and 57 nays (Vote No. 144), Coburn recipients in a program designed to prepare teachers Amendment No. 921, to discontinue the Advanced for a competitive tomorrow. Pages S5057–60 Technology Program of the National Institute of Bingaman (for Dorgan) Amendment No. 958, to Standards and Technology. Pages S5052–56, S5063–64 provide for a feasibility study with regard to a free Withdrawn: online college degree program. Pages S5057–60 Bingaman (for Sanders) Amendment No. 936, to Bingaman (for Murray) Modified Amendment No. increase the competitiveness of American workers 965, to improve mathematics instruction. through the expansion of employee ownership. Pages S5057–62 Page S5023 Bingaman (for Feingold) Modified Amendment Grassley Amendment No. 914, to increase the fee No. 970, to amend the data privacy provisions re- to be paid by employers of H–1B nonimmigrants garding statewide P–16 education data systems. and to set aside 25 percent of such fees to improve Pages S5057–63 programs and projects for gifted and talented stu- Bingaman (for Landrieu) Amendment No. 975, to dents. Pages S5034–35 require the Secretary of Energy, acting through the Commemorating the 400th Anniversary of the Director of Mathematics, Science, and Engineering Settlement of Jamestown: Senate agreed to S. Res. Education, to provide grants to States to assist the 172, commemorating the 400th anniversary of the States in establishing or expanding programs to en- settlement of Jamestown. Pages S5120–21 hance the quality of science education in elementary schools with respect to conventional and emerging Emergency Supplemental Appropriations Con- energy sources and uses. Pages S5057–63 ference Report—Agreement: A unanimous-consent Bingaman (for Murray) Amendment No. 977, to en- agreement was reached providing that Senate begin courage members of the Armed Forces to participate in consideration of the conference report to accompany programs for master’s degrees in mathematics, science, or H.R. 1591, making emergency supplemental appro- critical foreign languages education. Pages S5057–63 priations for the fiscal year ending September 30,

VerDate Aug 31 2005 06:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP7.REC D25APPT1 bajohnson on PRODPC74 with DIGEST D566 CONGRESSIONAL RECORD — DAILY DIGEST April 25, 2007 2007, at 10 a.m., on Thursday, April 26, 2007, re- Rice Producers Association; Evan Hayes, National gardless of whether the Senate has received the pa- Barley Growers Association, American Falls, Idaho; pers from the House of Representatives, that the Dale Murden, National Sorghum Producers, Monte time until 12:45 p.m., be equally divided between Alto, Texas; Armond Morris, Georgia Peanut Com- the two Leaders, or their designees, and that Senate mission, Ocilla, on behalf of the Southern Peanut vote, provided that the message has been received in Farmers Federation; Lynn Rundle, 21st Century the Senate, on adoption of the conference report at Grain Processing Cooperative, Manhattan, Kansas, 12:45 p.m. on Thursday, April 26, 2007. Page S5120 on behalf of the North American Millers’ Associa- tion; John Swanson, National Sunflower Association, Messages From the House: Page S5080 Mentor, Minnesota, on behalf of the U.S. Canola As- Measures Referred: Page S5080 sociation; and Jim Evans, USA Dry Pea and Lentil Petitions and Memorials: Pages S5083–84 Council, Genessee, Idaho. Executive Communications: Pages S5080–83 APPROPRIATIONS: MISSILE DEFENSE AGENCY Executive Reports of Committees: Page S5085 Committee on Appropriations: Subcommittee on Defense Additional Cosponsors: Pages S5086–88 concluded a hearing to examine proposed budget es- Statements on Introduced Bills/Resolutions: timates for fiscal year 2008 for the Missile Defense Pages S5088–S5112 Agency, after receiving testimony from Lieutenant Additional Statements: Pages S5079–80 General Henry A. Obering, III, USAF, Director, Missile Defense Agency, and Lieutenant General Amendments Submitted: Pages S5112–19 Kevin T. Campbell, USA, Commanding General, Authorities for Committees to Meet: United States Army Space and Missile Defense Com- Pages S5119–20 mand/United States Army Forces Strategic Com- Record Votes: Six record votes were taken today. mand and Joint Functional Component Command (Total—146) Pages S5023, S5057, S5063–64, S5066, for Integrated Missile Defense, both of the Depart- S5068–69 ment of Defense. Adjournment: Senate convened at 9:30 a.m., and BUDGET: DEFENSE AUTHORIZATION adjourned at 7:08 p.m., until 9:15 a.m. on Thurs- Committee on Armed Services: Subcommittee on Airland day, April 26, 2007. (For Senate’s program, see the concluded a hearing to examine whether the Army remarks of the Acting Majority Leader in today’s is properly sized, organized, and equipped to respond Record on page S5121.) to the most likely missions over the next two dec- ades while retaining adequate capability to respond Committee Meetings to all contingencies along the spectrum of combat in review of the Defense Authorization Request for fis- (Committees not listed did not meet) cal year 2008 and the Future Years Defense Pro- AMERICAN AGRICULTURAL PRODUCERS gram, after receiving testimony from Preston M. Geren, III, Acting Secretary, General George W. Committee on Agriculture, Nutrition, and Forestry: Com- Casey, Jr., Chief of Staff, Lieutenant Colonel Coll S. mittee concluded hearings to examine challenges and Haddon, Deputy Director of Operations, Program opportunities facing American agricultural pro- Manager of the Future Combat Systems, Brigade ducers, focusing on farm programs and the com- Combat Team, and Sergeant Major Thomas W. modity title of the farm bill, after receiving testi- Coleman, Program Executive Officer, all of the mony from Tom Buis, National Farmers Union, United States Army, Department of Defense. David Beckmann, Bread for the World, and Larry Mitchell, American Corn Growers Association, all of LANGUAGE AND CULTURAL AWARENESS Washington, D.C.; Bob Stallman, American Farm Committee on Armed Services: Subcommittee on Emerg- Bureau Federation, Columbus, Texas; Bill Flory, ing Threats and Capabilities concluded a hearing to American Farmland Trust, Winchester, Idaho; John examine language and cultural awareness capabilities Hoffman, American Soybean Association, Waterloo, for the Department of Defense, after receiving testi- Iowa; John Pucheu, National Cotton Council, Tran- mony from Andre Van Tilborg, Deputy Secretary for quility, California; Ken McCauley, National Corn Science and Technology, and Gail H. McGinn, Dep- Growers Association, White Cloud, Kansas; Everett uty Under Secretary for Plans, both of the Depart- Tallman, National Association of Wheat Growers, ment of Defense; and Major General Robert H. Brandon, Colorado; Paul T. Combs, USA Rice Fed- Scales, Jr., (Ret.) USA, Colgen, Inc., Dayton, Mary- eration, Kennett, Missouri, on behalf of the U.S. land.

VerDate Aug 31 2005 06:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP7.REC D25APPT1 bajohnson on PRODPC74 with DIGEST April 25, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D567 NOMINATIONS by the District, S. 1112 and H.R. 235, bills to allow Committee on Armed Services: Committee ordered favor- for the renegotiation of the payment schedule of con- ably reported 1,303 nominations in the Army, Navy, tracts between the Secretary of the Interior and the Air Force, and Marine Corps. Redwood Valley County Water District, after receiv- ing testimony from Robert Johnson, Commissioner, BUSINESS MEETING Bureau of Reclamation, and Robert M. Hirsch, Asso- Committee on Commerce, Science, and Transportation: ciate Director for Water, United States Geological Committee ordered favorably reported the following: Survey, both of the Department of the Interior; Mike S. 1178, to strengthen data protection and safe- Purcell, Platte River Recovery Implementation Pro- guards, require data breach notification, and further gram, Cheyenne; David R. Stewart, Stewart Environ- prevent identity theft, with amendments; mental Consultants, Inc., Fort Collins, Colorado; Joe S. 294, to reauthorize Amtrak, with amendments; Glode, Upper North Platte Valley Water Users As- S. 675, to provide competitive grants for training sociation, Saratoga, Wyoming; and Nicholas R. Tib- court reporters and closed captioners to meet re- betts, Redwood Valley County Water District, Santa quirements for realtime writers under the Tele- Rosa, California. communications Act of 1996, with amendments; NUCLEAR REGULATORY COMMISSION S. 428, to amend the Wireless Communications Committee on Environment and Public Works: Sub- and Public Safety Act of 1999, with an amendment committee on Clean Air and Nuclear Safety con- in the nature of a substitute; cluded an oversight hearing to examine the Nuclear S. 924, to strengthen the United States Coast Regulatory Commission, focusing on the Commis- Guard’s Integrated Deepwater Program, with an sion’s budget and programs, after receiving testi- amendment in the nature of a substitute; mony from Dale E. Klein, Chairman, and Ed S. 1142, to authorize the acquisition of interests McGaffigan, Jeff Merrifield, and Greg Jaczko, each a in undeveloped coastal areas in order better to ensure Commissioner, all of the Nuclear Regulatory Com- their protection from development, mission. S. 311, to amend the Horse Protection Act to prohibit the shipping, transporting, moving, deliv- BUSINESS MEETING ering, receiving, possessing, purchasing, selling, or Committee on the Judiciary: Committee ordered favor- donation of horses and other equines to be slaugh- ably reported the following: tered for human consumption; and certain nomina- S. 119, to prohibit profiteering and fraud relating tion lists in the U.S. Coast Guard. to military action, relief, and reconstruction efforts, with an amendment; WATER BILLS S. 735, to amend title 18, United States Code, to Committee on Energy and Natural Resources: Sub- improve the terrorist hoax statute; committee on Water and Power concluded a hearing H.R. 740, to amend title 18, United States Code, to examine S. 324, to direct the Secretary of the In- to prevent caller ID spoofing, with an amendment in terior to conduct a study of water resources in the the nature of a substitute; State of New Mexico, S. 542, to authorize the Sec- S. 879, to amend the Sherman Act to make oil- retary of the Interior to conduct feasibility studies to producing and exporting cartels illegal; address certain water shortages within the Snake, S. Res. 125, designating May 18, 2007, as ‘‘En- Boise, and Payette River systems in the State of dangered Species Day’’, and encouraging the people Idaho, S. 752, to authorize the Secretary of the Inte- of the United States to become educated about, and rior to participate in the implementation of the aware of, threats to species, success stories in species Platte River Recovery Implementation Program for recovery, and the opportunity to promote species Endangered Species in the Central and Lower Platte conservation worldwide; River Basin and to modify the Pathfinder Dam and S. Res. 116, designating May 2007 as ‘‘National Reservoir, S. 1037, to authorize the Secretary of the Autoimmune Diseases Awareness Month’’ and sup- Interior to assist in the planning, design, and con- porting efforts to increase awareness of autoimmune struction of the Tumalo Irrigation District Water diseases and increase funding for autoimmune disease Conservation Project in Deschutes County, Oregon, research; S. 1116 and H.R. 902, bills to facilitate the use for S. Res. 146, designating June 20, 2007, as irrigation and other purposes of water produced in ‘‘American Eagle Day’’, and celebrating the recovery connection with development of energy resources, S. and restoration of the American bald eagle, the na- 175, to provide for a feasibility study of alternatives tional symbol of the United States; to augment the water supplies of the Central Okla- S. Res. 162, commemorating and acknowledging homa Master Conservancy District and cities served the dedication and sacrifice made by the men and

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women who have lost their lives while serving as law Veterans Affairs, focusing on mental health issues, enforcement officers; and including S. 479, to reduce the incidence of suicide The nominations of Robert Gideon Howard, Jr., among veterans, after receiving testimony from to be United States Marshal for the Eastern District David Oslin, Director, VISN 4, and Jan Kemp, As- of Arkansas, John Roberts Hackman, to be United sociate Director for Education, VISN 19, both of the States Marshal for the Eastern District of Virginia, Mental Illness Research Education and Clinical Cen- and Frederick J. Kapala, to be United States District ter, and Patricia Resick, Director, Women’s Divi- Judge for the Northern District of Illinois, and Ben- sion, National Center for Post Traumatic Stress Dis- jamin Hale Settle, to be United States District Judge order, all of the Department of Veterans Affairs; Pat- for the Western District of Washington Department rick Campbell, Iraq and Afghanistan Veterans of of Justice, both of the Department of Justice. America, New York, New York; Connie Lee Best, Also, Committee approved the issuance of sub- Medical University of South Carolina National poenas in connection with the investigation into re- placement of U.S. attorneys. Crime Victims Research and Treatment Center, Charleston; Ralph Ibson, Mental Health America, VETERANS’ MENTAL HEALTH ISSUES Alexandria, Virginia; Tony Bailey, Las Vegas, Ne- Committee on Veterans’ Affairs: Committee concluded vada; and Randall and Ellen Omvig, Grundy Center, an oversight hearing to examine the Department of Iowa. h House of Representatives

a 2⁄3 yea-and-nay vote of 425 yeas to 1 nay, Roll No. Chamber Action 259; Pages H4057–65, H4106–07 Public Bills and Resolutions Introduced: 21 pub- Agreed to amend the title so as to read: ‘‘Calling lic bills, H.R. 2025–2045; and 6 resolutions, H. on the League of Arab States and each Member State Con. Res. 128–131; and H. Res. 337–338 were in- individually to acknowledge the genocide in the troduced. Pages H4174–75 Darfur region of Sudan and to step up their efforts Page H4107 Additional Cosponsors: Pages H4175–77 to stop the genocide in Darfur.’’. Reports Filed: There were no reports filed today. Torture Victims Relief Reauthorization Act of 2007: H.R. 1678, to amend the Torture Victims Chaplain: The prayer was offered by the guest Relief Act of 1998 to authorize appropriations to Chaplain, Dr. Mark E. Harris, First Baptist Church, provide assistance for domestic and foreign programs Charlotte, North Carolina. Page H4053 and centers for the treatment of victims of torture, Committee Resignation: Read a letter from Rep- by a 2⁄3 yea-and-nay vote of 418 yeas to 7 nays, Roll resentative Renzi wherein he resigned from the No. 260; Pages H4065–68, H4107–08 Committee on Natural Resources, effective imme- Expressing deep concern over the use of civilians diately. Page H4053 as ‘‘human shields’’ in violation of international Committee Resignation: Read a letter from Rep- humanitarian law and the law of war during resentative Renzi wherein he resigned from the armed conflict, including Hezbollah’s tactic of em- Committee on Financial Services, effective imme- bedding its forces among civilians to use them as human shields during the summer of 2006 conflict diately. Page H4054 between Hezbollah and the State of Israel: H. Res. Suspensions: The House agreed to suspend the rules 125, amended, to express deep concern over the use and pass the following measures: of civilians as ‘‘human shields’’ in violation of inter- Calling on the League of Arab States to ac- national humanitarian law and the law of war during knowledge the genocide in the Darfur region of armed conflict, including Hezbollah’s tactic of em- Sudan and to step up their efforts to stop the geno- bedding its forces among civilians to use them as cide in Darfur: H. Con. Res. 7, amended, to call human shields during the summer of 2006 conflict on the League of Arab States to acknowledge the between Hezbollah and the State of Israel; genocide in the Darfur region of Sudan and to step Pages H4068–73 up their efforts to stop the genocide in Darfur, by Agreed to amend the title so as to read: ‘‘Express- ing deep concern over the use of civilians as ‘human

VerDate Aug 31 2005 06:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP7.REC D25APPT1 bajohnson on PRODPC74 with DIGEST April 25, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D569 shields’ in violation of international humanitarian access to capital programs of the Small Business Ad- law, including Hezbollah’s tactic of embedding its ministration, by a recorded vote of 380 ayes to 45 forces among civilians to use them as human shields noes, Roll No. 263. Pages H4108–20 during the summer of 2006 conflict between Rejected the McCrery motion to recommit the Hezbollah and the State of Israel.’’. Page H4073 bill to the Committee on Small Business with in- Urging all member countries of the Inter- structions to report the same back to the House national Commission of the International Tracing forthwith with amendments, by a yea-and-nay vote Service (ITS) who have yet to ratify the May 2006 of 197 yeas to 224 nays, Roll No. 262. Amendments to the 1955 Bonn Accords Treaty, to Pages H4118–19 expedite the ratification process to allow for open Pursuant to the rule, the amendment in the na- access to the Holocaust archives located at Bad ture of a substitute recommended by the Committee Arolsen, Germany: H. Res. 240, to urge all member on Small Business now printed in the bill shall be countries of the International Commission of the considered as the original bill for the purpose of International Tracing Service (ITS) who have yet to amendment. Page H4113 ratify the May 2006 Amendments to the 1955 Bonn Agreed to: Accords Treaty, to expedite the ratification process Matheson amendment (No. 1 printed in H. Rept. to allow for open access to the Holocaust archives lo- 110–108) that adds ‘‘members of reserve components cated at Bad Arolsen, Germany; Pages H4073–76 of the armed forces’’ as eligible to receive loans Honoring the life and accomplishments of Gian under the Community Express Program and the In- Carlo Menotti and recognizing the success of the creased Veteran Participation Program; Page H4116 Spoleto Festival USA in Charleston, South Caro- Matheson amendment (No. 2 printed in H. Rept. lina, which he founded: H. Con. Res. 68, to honor 110–108) that includes ‘‘members of qualified In- the life and accomplishments of Gian Carlo Menotti dian tribes’’ as eligible to participate in the Commu- and recognizing the success of the Spoleto Festival nity Express Program; Page H4116 USA in Charleston, South Carolina, which he found- Cuellar amendment (No. 3 printed in H. Rept. ed; Pages H4076–78 110–108) that allows rural small business owners, Expressing the sense of the House of Representa- who do not have a rural lender in their area, to re- tives that schools should celebrate National Garden ceive the benefits of the Rural Lending Outreach Month through a curriculum that includes outdoor Program through loans issued by any lender enrolled learning: H. Res. 292, to express the sense of the in the 7(a) loan program; and Pages H4116–17 House of Representatives that schools should cele- Inslee amendment (No. 4 printed in H. Rept. brate National Garden Month through a curriculum 110–108) that adds to public policy goals of the sec- that includes outdoor learning; Pages H4078–79 tion 504 of Small Business Lending program a pur- pose area that would increase small-businesses access Congratulating the University of Tennessee to sustainable design or low-impact design to ulti- women’s basketball team for winning the 2007 mately reduce carbon-emissions and environmental NCAA Division I Women’s Basketball Champion- impact. Pages H4117–18 ship: H. Res. 320, to congratulate the University of Tennessee women’s basketball team for winning the Agreed that the Clerk be authorized to make 2007 NCAA Division I Women’s Basketball Cham- technical and conforming changes to reflect the ac- tions of the House. Page H4120 pionship, by a 2⁄3 yea-and-nay vote of 415 yeas with none voting ‘‘nay’’, Roll No. 266; H. Res. 330, the rule providing for consideration Pages H4079–82, H4158 of the bill, was agreed to by voice vote, after agree- ing to order the previous question by a yea-and-nay Recognizing the benefits and importance of vote of 226 yeas to 196 nays, Roll No. 258. school-based music education: H. Con. Res. 121, to Pages H4101–06 recognize the benefits and importance of school- U.S. Troop Readiness, Veterans’ Care, Katrina based music education; and Pages H4082–83 Recovery, and Iraq Accountability Appropria- Genetic Information Nondiscrimination Act of tions Act, 2007—Conference Report: The House 2007: H.R. 493, amended, to prohibit discrimina- agreed to the conference report on H.R. 1591, mak- tion on the basis of genetic information with respect ing emergency supplemental appropriations for the to health insurance and employment, by a 2⁄3 yea- fiscal year ending September 30, 2007, by a yea-and- and-nay vote of 420 yeas to 3 nays, Roll No. 261. nay vote of 218 yeas to 208 nays, with 2 voting Pages H4083–H4101, H4108 ‘‘present’’, Roll No. 265. Pages H4131–58 Small Business Lending Improvements Act of H. Res. 332, the rule providing for consideration 2007: The House passed H.R. 1332, to improve the of the conference report, was agreed to by a recorded

VerDate Aug 31 2005 06:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP7.REC D25APPT1 bajohnson on PRODPC74 with DIGEST D570 CONGRESSIONAL RECORD — DAILY DIGEST April 25, 2007 vote of 226 ayes to 195 noes, Roll No. 264, after UNREGULATED PERCHLORATE EXPOSURE agreeing to order the previous question. Committee on Energy and Commerce: Subcommittee on Pages H4121–31 Environment and Hazardous Materials held a hearing Amendments: Amendments ordered printed pursu- entitled ‘‘Perchlorate’’: Health and Environment Im- ant to the rule appear on page H4177. pacts of Unregulated Exposure. Testimony was heard Quorum Calls—Votes: Seven yea-and-nay votes and from Alex Beehler, Assistant Deputy Under Sec- two recorded votes developed during the proceedings retary, Environment Safety and Occupational Health, of today and appear on pages H4106, H4106–07, Department of Defense; the following officials of the H4107, H4108, H4119, H4120, H4131, EPA: Benjamin Grumbles, Assistant Administrator, H4157–58, and H4158. There were no quorum Office of Water; Susan Parker Bodine, Assistant Ad- calls. ministrator, Office of Solid Waste and Emergency Adjournment: The House met at 10:00 a.m. and Response; and George Gray, Assistant Adminis- adjourned at 11:53 p.m. trator, Office of Research and Development; John B. Stephenson, Director, Natural Resources and Envi- ronment, GAO; the following officials of the Depart- Committee Meetings ment of Health and Human Services: James Pirkle, COMMERCE, JUSTICE, SCIENCE, AND M.D., Deputy Director, Sciences, Division of Labora- RELATED AGENCIES APPROPRIATIONS tory Sciences, National Center for Environmental Committee on Appropriations: Subcommittee on Com- Health, Centers for Disease Control and Prevention; merce, Justice, Science, and Related Agencies contin- and Robert E. Brackwett, Director, Center for Food ued appropriations. Testimony was heard from Mem- and Safety and Nutrition, FDA; Gary Ginsberg, De- bers of Congress. partment of Public Health, State of Connecticut; and public witnesses. DEFENSE APPROPRIATIONS Committee on Appropriations: Subcommittee on Defense HEALTH INSURANCE COVERAGE held a hearing on Shipbuilding (Industry Officials). Committee on Energy and Commerce: Subcommittee on Testimony was heard from public witnesses. Health held a hearing entitled ‘‘Living Without The Subcommittee also held a hearing on Ship- Health Insurance: Why Every American Needs Cov- building (Navy Officials). Testimony was heard from erage.’’ Testimony was heard from Michael K. the following officials of the Department of the Smith, Secretary, Agency of Administration, State of Navy: Allison Stiller, Deputy Assistant Secretary; Vermont; former Senator Thomas A. Daschle of RADM Charles H. Goddard, USN, Program Execu- South Dakota; and public witnesses. tive Officer for Ships; and RADM William H. Hilarides, USN, Program Executive Officer for Sub- INDUSTRIAL BANK HOLDING COMPANY marines. ACT OF 2007 IRAQI SECURITY FORCES CONTRACTING Committee on Financial Services: Held a hearing on Committee on Armed Services: Subcommittee on Over- H.R. 698, Industrial Bank Holding Company Act of sight and Investigations held a hearing on Con- 2007. Testimony was heard from Sheila C. Bair, tracting for the Iraqi Security Forces. Testimony was Chairman, FDIC; Donald L. Kohn, Vice Chairman, heard from the following officials of the Department Board of Governors, Federal Reserve System; John of Defense: Gary J. Motsek, Assistant Deputy Under M. Reich, Director, Office of Thrift Supervision; Secretary, Program Support; and COL Anita M. Robert Colby, Deputy Director, Market Regulation, Raines, USA, Chief, Logistics Service Division J4 SEC, G. Edward Leary, Commissioner, Department Directorate, Joint Staff; Anne W. Patterson, Assist- of Financial Institutions, State of Utah; and public ant Secretary, International Narcotics and Law En- witnesses. forcement Affairs, Department of State; Bruce Swartz, Deputy Assistant Attorney General, Criminal MALARIA AWARENESS DAY Division, Department of Justice; and public wit- nesses. Committee on Foreign Affairs: Subcommittee on Africa and Global Health held a hearing on Malaria Aware- STUDENT LOAN INDUSTRY ETHICS ness Day: Leveraging Progress for Future Advances. Committee on Education and Labor: Held a hearing on Testimony was heard from ADM Timothy Ziemer, Examining Unethical Practices in the Student Loan USN (Ret.), Malaria Initiative Coordinator, U.S. Industry. Testimony was heard from Andrew M. Agency for International Development, Department Cuomo, Attorney General, State of New York. of State; and public witnesses.

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MILITARY’S CIVIL AUTHORITY DISASTER The Committee also ordered reported the fol- SUPPORT lowing measures: H.R. 1592, amended, Local Law Committee on Homeland Security: Subcommittee on Enforcement Hate Crimes Prevention Act of 2007; Emergency Communications, Preparedness and Re- H.R. 692, amended, Army Specialist Joseph P. sponse held a hearing entitled ‘‘Examining the Mili- Micks Federal Flag Code Amendment Act of 2007; tary’s Support of Civil Authorities During Disas- and H. Res. 314, Supporting the goals of World In- ters.’’ Testimony was heard from MG Terry L. tellectual Property Day. Scherling, USAF, Director, Joint Staff, National MISCELLANEOUS MEASURES Guard Bureau, Department of Defense; MG Timothy Committee on Natural Resources: J. Lowenberg, Adjutant General, State of Wash- Ordered reported, as ington; MG Tony Pineda, National Commander, amended, the following bills: H.R. 65, Lumbee Rec- Civil Air Patrol. Glenn Cannon, Assistant Adminis- ognition Act; H.R. 1294, Thomasina E. Jordon In- trator, Disaster Operations, FEMA, Department of dian Tribes of Virginia Federal Recognition Act of Homeland Security; and Mike Womack, Director, 2006; and H.R. 1328, Indian Health Care Improve- Emergency Management Agency, State of Mis- ment Act Amendments of 2007. sissippi. PUERTO RICO MEASURES CYBERSECURITY CHALLENGES Committee on Natural Resources: Subcommittee on In- Committee on Homeland Security: Subcommittee on sular Affairs continued hearings on the following Emerging Threats, Cybersecurity, and Science and bills: H.R. 900, Puerto Rico Democracy Act of Technology held a hearing entitled ‘‘Addressing the 2007; and H.R. 1230, Puerto Rico Self Determina- Nation’s Cybersecurity Challenges: Reducing tion Act of 2007. Testimony was heard from C. Vulnerabilities Requires Strategic Investment and Kevin Marshall, Co-Chair, Task Force on Puerto’s Immediate Action.’’ Testimony was heard from Political Status and Deputy Assistant Attorney Gen- Douglas Maughan, Program Manager, Cyber Security eral, Office of Legal Counsel, Department of Justice; R&D, Science and Technology Directorate, Depart- the following officials of the Commonwealth of ment of Homeland Security; and public witnesses. Puerto Rico: Anibal Acevedo Vila, Governor and former Member of Congress; Pedro Rossello, former OVERSIGHT—DEPARTMENT OF Governor and Current Senator; Kenneth D. McClin- HOMELAND SECURITY tock, President, Senate; Jose Aponte-Hernandez, Committee on Homeland Security: Subcommittee on Speaker, House of Representatives; Jose L. Dalmau- Management, Investigations, and Oversight, hearing Santiago, Senate Minority Leader; and Hector Ferrer- entitled ‘‘Strong Oversight at the Department of Rios, House Minority Leader; Rafael Hernandez Homeland Security: A Predicate to Good Govern- Colon, former Governor, Commonwealth of Puerto ment.’’ Testimony was heard from Norman J. Rico; Carlos Romero Barcelo, former Governor and Rabkin, Managing Director, Homeland Security and Member of Congress, Commonwealth of Puerto Justice Team, GAO; and Paul A. Schneider, Under Rico; and public witnesses. Secretary, Management, Department of Homeland ISSUANCE OF SUBPOENAS Security. Committee on Oversight and Government: Approved the SUBPOENAS; MISCELLANEOUS MEASURES following: issuance of a subpoena to the Republican Committee on the Judiciary: Approved the following: a National Committee for documents and for Mike resolution directing the House General Counsel to Duncan to testify before the Committee on May 8, apply to a United States district court for an order 2007; issuance of a subpoena to the Republican Na- immunizing from use in prosecutions the testimony tional Committee for documents; and issuance of a of, and related information provided by, Monica subpoena to Secretary of State Condoleezza Rice to Goodling under compulsion at proceedings before or testify before the Committee. ancillary to the Committee regarding the cir- cumstances surrounding recent terminations of U.S. FEDERAL ELECTRIC TRANSMISSION Attorneys, representations to Congress regarding CORRIDORS those circumstances, and related matters; and a reso- Committee on Oversight and Government Reform: Sub- lution authorizing the Chairman to issue a subpoena committee on Domestic Policy held a hearing on the to Monica Goodling for testimony and related docu- examination of Section 1221 on the Energy Policy ments at a hearing before the Committee regarding Act of 2005 by the Department of Energy. Testi- the circumstances surrounding recent terminations of mony was heard from Kevin Kolevar, Director, Of- U.S. Attorneys, representations to Congress regard- fice of Electricity Reliability, Department of Energy; ing those circumstances, and related matters. Representative Bill DeWeese, Majority Leader,

VerDate Aug 31 2005 06:23 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP7.REC D25APPT1 bajohnson on PRODPC74 with DIGEST D572 CONGRESSIONAL RECORD — DAILY DIGEST April 25, 2007 House of Representatives, State of Pennsylvania; As- COMMITTEE MEETINGS FOR THURSDAY, semblyman Paul D. Tonko, Chair, Committee on APRIL 26, 2007 Energy, Assembly, State of New York; Kurt Adams, (Committee meetings are open unless otherwise indicated) Chairman Public Utilities Commission, State of Maine; Elizabeth Merritt, Deputy General Counsel, Senate National Trust for Historic Preservation; and public Committee on Appropriations: Subcommittee on Com- witnesses. merce, Justice, Science, and Related Agencies, to hold hearings to examine proposed budget estimates for fiscal MISCELLANEOUS MEASURES year 2008 for the Federal Bureau of Investigation, 10:30 Committee on Science and Technology: Ordered reported a.m., SD–192. Committee on Armed Services: to hold hearings to receive the following measures: H.R. 1867, amended, Na- testimony on legal issues regarding individuals detained tional Science Foundation Authorization Act of by the Department of Defense as unlawful enemy com- 2007; H.R. 1868, amended, Technology Innovation batants, 9:30 a.m., SH–216. and Manufacturing Stimulation Act of 2007; H. Subcommittee on Airland, to hold hearings to examine Con. Res. 95, amended, Honoring the career and re- Air Force and aviation programs in review of the Defense search accomplishments of Frances E. Allen, the Authorization Request for Fiscal Year 2008 and the Fu- 2006 recipient of the A.M. Turing Award; and H. ture Years Defense Program, 3 p.m., SR–232A. Res. 316, Recognizing the accomplishments of Committee on Commerce, Science, and Transportation: Sub- Roger D. Kornberg, Andrew Fire, Craig Mello, John committee on Science, Technology, and Innovation, to C. Mather, and George F. Smott for being awarded hold hearings to examine clean coal technology, 10 a.m., SR–253. Novel Prizes in the fields of chemistry, physiology Committee on Energy and Natural Resources: Subcommittee or medicine, and physics. on National Parks, to hold hearings to examine S. 312 AIR SERVICE DEVELOPMENT PROGRAMS and H.R. 497, bills to authorize the Marion Park Project and Committee of the Palmetto Conservation Foundation Committee on Transportation and Infrastructure: Sub- to establish a commemorative work on Federal land in committee on Aviation held a hearing on Essential the District of Columbia and its environs to honor Briga- Air Services Program/Small Community Air Service dier General Francis Marion, S. 169, to amend the Na- Development Program. Testimony was heard from tional Trails System Act to clarify Federal authority relat- Representatives Everett and Thompson of California; ing to land acquisition from willing sellers for the major- Gerald L. Dillingham, Director, Physical Infrastruc- ity of the trails in the System, S. 580, to amend the Na- tional Trails System Act to require the Secretary of the ture Issues, GAO; Michael W. Reynolds, Deputy Interior to update the feasibility and suitability studies of Assistant Secretary, Aviation and International Af- four national historic trails, S. 686, to amend the Na- fairs, Department of Transportation; and public wit- tional Trails System Act to designate the Washington- nesses. Rochambeau Revolutionary Route National Historical Trail, S. 722, to direct the Secretary of the Interior and COMMERCIAL FISHING VESSEL SAFETY the Secretary of Agriculture to jointly conduct a study of Committee on Transportation and Infrastructure: Sub- certain land adjacent to the Walnut Canyon National committee on Coast Guard and Maritime Transpor- Monument in the State of Arizona, S. 783, to adjust the tation held a hearing on Commercial Fishing Vessel boundary of the Barataria Preserve Unit of the Jean La- Safety. Testimony was heard from Representative fitte National Historical Park and Preserve in the State of Louisiana, S. 890, to provide for certain administrative Frank of Massachusetts; RADM Craig Bone, USCG, and support services for the Dwight D. Eisenhower Me- Assistant Commandant, Prevention, U.S. Coast morial Commission, and H.R. 1047, to authorize the Sec- Guard, Department of Homeland Security; and pub- retary of the Interior to conduct a study to determine the lic witnesses. suitability and feasibility of designating the Soldiers’ Me- morial Military Museum located in St. Louis, Missouri, as MEDICARE TRUSTEES REPORT a unit of the National Park System, 2:30 p.m., SD–336. Committee on Ways and Means: Subcommittee on Committee on Finance: Subcommittee on Energy, Natural Health held a hearing on 2007 Medicare Trustees Resources, and Infrastructure, to hold hearings to examine Report. Testimony was heard from Richard S. Foster, coal, focusing on a clean future, 1 p.m., SD–215. Chief Actuary, Center for Medicare and Medicaid Committee on Health, Education, Labor, and Pensions: Sub- committee on Employment and Workplace Safety, to Services, Department of Health and Human Services. hold hearings to examine the effectiveness of the Occupa- BRIEFING—HOT-SPOTS tional Safety & Health Administration (OSHA), 9 a.m., SD–124. Permanent Select Committee on Intelligence: Met in execu- Committee on Indian Affairs: to hold hearings to examine tive session to receive a briefing on Hot-Spots. The S. 462, to approve the settlement of the water rights Committee was briefed by departmental witnesses. claims of the Shoshone-Paiute Tribes of the Duck Valley

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Indian Reservation in Nevada, to require the Secretary of Subcommittee on National Parks, Forests and Public the Interior to carry out the settlement, 10 a.m., SR–485. Lands and the Subcommittee on Energy and Mineral Re- House sources, joint oversight hearing on Land-use Issues Asso- ciated with Onshore Oil and Gas Leasing Development, Committee on Agriculture, Subcommittee on General 10 a.m., 1334 Longworth. Farm Commodities and Risk Management, hearing to re- Subcommittee on Water and Power, hearing on H.R. view proposals to amend the program crop provisions of 1462, Platte River Recovery Implementation Program the Farm Security and Rural Investment Act of 2002, 10 and Pathfinder Modification Authorization Act, 2 p.m., a.m., 1300 Longworth. 1324 Longworth. Committee on Appropriations, Subcommittee on Interior, Committee on Science and Technology, Subcommittee on Environment, and Related Agencies, on Climate Change, Energy and Environment, hearing on Establishing the 9:30 a.m., B–308 Rayburn. Advanced Research Projects Agency—Energy—H.R. 364, Subcommittee on Labor, Health and Human Services, Education, and Related Agencies, on Secretary of Labor, To provide for the establishment of the Advanced Re- 10 a.m., 2359 Rayburn. search Projects Agency—Energy, 2 p.m., 2318 Rayburn. Subcommittee on Legislative Branch, on Office of Subcommittee on Investigations and Oversight, hearing Compliance/Congressional Budget Office, 10 a.m., on Amending Executive Order 12866: Good Governance H–144 Capitol. or Regulatory Usurption? Part II, 10 a.m., 2318 Ray- Committee on Financial Services, Subcommittee on Finan- burn. cial Institutions and Consumer Credit, hearing entitled Subcommittee on Technology and Innovation, hearing ‘‘Credit Card Practices: Current Consumer and Regulatory on Small Business Innovation Reauthorization on the Issues,’’ 10 a.m., 2128 Rayburn. 25th Program Anniversary, 1 p.m., 2325 Rayburn. Committee on Foreign Affairs, Subcommittee on Inter- Committee on Small Business, hearing entitled ‘‘ Closing national Organizations, Human Rights, and Oversight, the Tax Gap Without Creating Burdens for Small Busi- hearing on Efforts To Deal With America’s Image nesses,’’ 11 a.m., 2360 Rayburn. Abroad: Are They Working? 2 p.m., 2172 Rayburn. Committee on Transportation and Infrastructure, Sub- Committee on Homeland Security, to continue mark up of committee on Economic Development, Public Buildings, H.R. 1680, Secure Handling of Ammonium Nitrate Act and Emergency Management, oversight hearing on of 2007, 9 a.m., 210 Cannon. FEMA’s Preparedness and Response to All Hazards, 10 Subcommittee on Border, Maritime and Global a.m., 2167 Rayburn. Counterterrorism, hearing entitled ‘‘The SAFE Port Act: Committee on Veterans’ Affairs, Subcommittee on Health, A Six-Month Review,’’ 1 p.m., 1539 Longworth. hearing on the following bills: H.R. 92, Veterans’ Timely Subcommittee on Intelligence, Information Sharing and Access Health Care Act; H.R. 315, Help Establish Access Terrorism Risk Assessment, hearing entitled ‘‘The Over- to Local Timely Healthcare For Your Veterans’ (Healthy Classification and Pseudo-Classification of Government Vets) Act of 2007; H.R. 339, Veterans’ Outpatient Care Information: The Response of the Program Manager of Access Act of 2007; H.R. 463, Honor Our Commitment the Information Sharing Environment,’’ following full to Veterans’ Act; H.R. 538, South Texas Veterans’ Access Committee mark up, 1539 Longworth. to Care Act of 2007; H.R. 542, To require the Depart- Committee on the Judiciary, Subcommittee on Courts, ment of Veterans’ Affairs to provide mental health serv- The Internet, and Intellectual Property, hearing on H.R. ices in languages other than English, as needed, for vet- 1908, Patent Reform Act of 2007, 2 p.m., 2141 Ray- erans’ with limited English proficiency; H.R. 1426, Rich- burn. Subcommittee on Crime, Terrorism, and Homeland Se- ard Helm Veterans’ Access to Local Health Care Options curity, hearing on Employer Access to Criminal Back- and Resources; H.R. 1470, Chiropractic Care Available to ground Checks: The Need for Efficiency and Accuracy; All Veterans Act; H.R. 1471, Better Access to Chiroprac- and to mark up the following bills: H.R. 1700, COPS tors to Keep Our Veterans’ Health Act (BACK Veterans’ Improvements Act of 2007; and H.R. 916, John R. Jus- Health Act); H.R. 1527, Rural Veterans’ Access to Care tice Prosecutors and Defenders Incentive Act of 2007, 10 Act; and a draft discussion on Rural Health Care Bill and a.m., 2237 Rayburn. a proposed TBI bill, 10 a.m., 334 Cannon. Subcommittee on Immigration, Citizenship, Refugees, Committee on Ways and Means, Subcommittee on Income Border Security and International Law, hearing on Pro- Security and Family Support, hearing on Poverty Reduc- posals for Improving the Electronic Employment tion, 1 p.m., B–318 Rayburn. Verification and Worksite Enforcement System, 9:30 Permanent Select Committee on Intelligence, executive, hear- a.m., 2141 Rayburn. ing on R&D and Systems Acquisition, 11:30 a.m., Committee on Natural Resources, Subcommittee on Fish- H–405 Capitol. eries, Wildlife and Oceans, hearing on H.R. 21, Oceans Select Committee on Energy Independence and Global Warm- Conservation, Education, and National Strategy for the ing hearing entitled ‘‘Dangerous Climate Change,’’ 10 21st Century Act, 10 a.m., 1324 Longworth. a.m., 2172 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:15 a.m., Thursday, April 26 10 a.m., Thursday, April 26

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of H.R. 249—To morning business (not to extend beyond 10:00 a.m.), Sen- restore the prohibition on the commercial sale and ate will begin consideration of the conference report to slaughter of wild free-roaming horses and burros. accompany H.R.1591, Emergency Supplemental Appro- priations, and may vote on its adoption at 12:45 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Donnelly, Joe, Ind., E857, E857 Neal, Richard E., Mass., E851 Garrett, Scott, N.J., E853, E855 Norton, Eleanor Holmes, D.C., E854 Boozman, John, Ark., E855 Gutierrez, Luis V., Ill., E852 Poe, Ted, Tex., E852 Cantor, Eric, Va., E851 Honda, Michael M., Calif., E852 Rangel, Charles B., N.Y., E856 Carnahan, Russ, Mo., E852 Jones, Stephanie Tubbs, Ohio, E856 Schakowsky, Janice D., Ill., E852 Conyers, John, Jr., Mich., E854, E855 Lamborn, Doug, Colo., E855 Shuler, Heath, N.C., E857 Crowley, Joseph, N.Y., E853 Langevin, James R., R.I., E853 Smith, Christopher H., N.J., E851 Davis, Danny K., Ill., E853 Markey, Edward J., Mass., E853 Solis, Hilda L., Calif., E857

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