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, DECEMBER 5, 2007 No. 185 House of Representatives The House met at 10 a.m. The point of no quorum is considered Chairman DINGELL have done in bring- The Chaplain, the Reverend Daniel P. withdrawn. ing forth to the House for a vote today Coughlin, offered the following prayer: f an opportunity for a comprehensive en- Lord God of history and ever present ergy policy. to all believers, in contemporary dark- PLEDGE OF ALLEGIANCE For too long, we’ve focused on energy ness we readily turn on lights. The SPEAKER. Will the gentleman for the past, on energy sources and In spiritual darkness of doubt and from Missouri (Mr. AKIN) come forward products for the world as it was or as confusion, You can send forth a spark and lead the House in the Pledge of Al- some wanted it to be. This is an oppor- of inspiration and grace that will en- legiance. tunity for us to deal with the energy lighten minds and warm hearts to re- Mr. AKIN led the Pledge of Alle- challenges of today and for the future. spond to Your love for Your people and giance as follows: The bill that comes forward will be, praise Your deeds in Sacred Scripture. I pledge allegiance to the Flag of the for the first time since 1975, an oppor- Fill this day with Your blessings. As United States of America, and to the Repub- tunity to significantly increase vehicle the first day of Chanukah, the Festival lic for which it stands, one nation under God, fuel mileage standards. It will contain of Lights is celebrated by Jews. Chris- indivisible, with liberty and justice for all. a renewable portfolio standard that tians tonight will light a Christmas f emulates what has happened in over tree on the lawn of the Capitol. half our States across the country, to MESSAGES FROM THE SENATE Eternal Father of us all, fill Your be able to jump-start renewable en- children with the delight that comes A message from the Senate by Ms. ergy. It will be financed by redirecting from light. May we walk no longer in Curtis, one of its clerks, announced tax breaks from the largest oil compa- the darkness of fear and ignorance, but that the Senate has passed bills of the nies who don’t need taxpayer support join together in mutual understanding following titles in which the concur- to produce oil profitably, and it will be and peace, for our eternal hope is rence of the House is requested: directed to the energy sources of the placed in You, now and forever. S. 863. An act to amend title 18, United future, renewables, which do need this Amen. States Code, with respect to fraud in connec- help to bring their opportunities to tion with major disaster or emergency funds. f scale. S. 1327. An act to create and extend certain I hope my colleagues will arise to THE JOURNAL temporary district court judgeships. meet this challenge. Vote to pass this The SPEAKER. The Chair has exam- The message also announced that legislation. Our national security, eco- ined the Journal of the last day’s pro- pursuant to Public Law 100–696, the nomic stability, and environmental ceedings and announces to the House Chair, on behalf of the Republican survival depends upon it. Leader, announces the appointment of her approval thereof. f Pursuant to clause 1, rule I, the Jour- the Senator from Tennessee (Mr. ALEX- nal stands approved. ANDER) as a member of the United THE DEMOCRATS ARE LATE Mr. CONAWAY. Madam Speaker, States Capitol Preservation Commis- (Mr. AKIN asked and was given per- pursuant to clause 1, rule I, I demand a sion, vice the Senator from Colorado mission to address the House for 1 vote on agreeing to the Speaker’s ap- (Mr. ALLARD). minute and to revise and extend his re- proval of the Journal. f marks.) The SPEAKER. The question is on Mr. AKIN. Madam Speaker, we all the Speaker’s approval of the Journal. ANNOUNCEMENT BY THE SPEAKER have to struggle from time to time The question was taken; and the The SPEAKER. The Chair will enter- with the bad practice of being late. We Speaker announced that the ayes ap- tain up to 15 requests for 1-minute don’t like to be late, and the reason we peared to have it. speeches on each side of the aisle. don’t is, of course, when we’re late, we Mr. CONAWAY. Madam Speaker, I f inconvenience somebody. If you’re late object to the vote on the ground that a to the car pool, a couple of people have quorum is not present and make the A NEW ENERGY POLICY to sit there and wait and you’ve got to point of order that a quorum is not (Mr. BLUMENAUER asked and was choke your breakfast down a little bit present. given permission to address the House quicker so you don’t inconvenience The SPEAKER. Pursuant to clause 8, for 1 minute.) someone. rule XX, further proceedings on this Mr. BLUMENAUER. Madam Speaker, But you know the Democrats have question will be postponed. thank you for the work that you and been very late. But when the Congress

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

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VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14160 CONGRESSIONAL RECORD — HOUSE December 5, 2007 is late, it is really a big inconvenience, Giesting led his team to a final record that this Congress provide all possible because the Democrats knew that they of 13–2, including a win in the playoffs benefits and health care for our vet- had to pass the AMT patch some against township rival the Turpin erans. months ago and they didn’t do it. And Spartans. I’m calling on the Speaker to move so what does that mean? It means not On Sunday, the Anderson township this bill forward. And I call on all just a few people in the car pool. What community celebrated the Redskins’ Americans to contact their representa- it means is 32 million Americans will first-ever State championship in their tives and tell the Democratic leader- not get their tax refund; $87 billion will history where all 15 seniors took to the ship to send a clean veterans appro- be late to 32 million Americans because podium to talk about their incredible priation bill to the President now. Our the Democrats are late in dealing with victory. The resounding theme among veterans deserve it. the AMT tax patch. They tried to put those players was not the champion- f it together with a $3.5 trillion tax in- ship trophy itself, but the sense of NO BLANK CHECK FOR THE WAR crease, the mother of all tax increases. community, togetherness and pride IN IRAQ WITHOUT INPUT FROM Of course that didn’t work, and now which has spread throughout the area. CONGRESS we’re late. Madam Speaker, I salute the school, f the players, Head Coach Giesting, and (Mr. PAYNE asked and was given the entire Anderson township commu- permission to address the House for 1 ENERGY INDEPENDENCE AND SE- minute.) CURITY ACT WILL HELP US RE- nity on their championship season. Well done, Redskins. Mr. PAYNE. Madam Speaker, while DUCE OUR DEPENDENCE ON FOR- our troops continue to perform hero- f EIGN OIL ically in Iraq, President Bush’s troop (Mr. BRALEY of Iowa asked and was THE BUSH-CHENEY ENERGY PLAN surge has not lived up to its promise of given permission to address the House (Mr. DEFAZIO asked and was given producing essential political reconcili- for 1 minute and to revise and extend permission to address the House for 1 ation. his remarks.) minute.) As a member of the House Foreign Mr. BRALEY of Iowa. Madam Speak- Mr. DEFAZIO. Madam Speaker, the Affairs Committee, I helped lead the er, today we will consider legislation so-called Bush-Cheney energy plan was opposition to our involvement in Iraq that invests in the future of our Nation developed in secret, and it was devel- in the first place because I felt that we and puts us on the path to energy inde- oped in secret because it was disastrous should let the weapons inspectors do pendence. The Energy Independence for America. It would have been bad their jobs before rushing into a pre- and Security Act is a significant legis- policy for the 1950s based on subsidies emptive military strike. lative package that will strengthen our for the oil, coal and gas industry, dig, After our Iraq policy failed, and the national security by reducing our de- drill and burn, but it was a total em- rationale for going to war was invali- pendence on foreign oil. The bill ad- barrassment and disaster for 21st cen- dated due to the absence of weapons of dresses skyrocketing gas prices with tury policies. Today we have a chance mass destruction, we’re told that the increased fuel economy standards that to reverse that, to put in place a mod- so-called military surge would help will save American families 700 to est renewable portfolio, but the Repub- bring about a political solution in Iraq. $1,000 a year at the pump. It also re- licans object to renewable portfolios; That has not happened. Senior military duces oil consumption by 1.1 million to put in place a mandate on increased commanders have indicated that the gallons per day in 2020, one half of what fuel economy, which the American peo- inability of the Iraqi Government to we currently import from the Persian ple would dearly love to have more effi- achieve political reconciliation is a Gulf. And this legislation includes a cient vehicles, but the Republicans ob- greater threat to our troops than the historic commitment to American ject to that; and investment in new insurgency in Iraq. biofuels that will fuel our cars and technologies and new sustainable fuels Many of us here in Congress believe trucks. This investment in hometown to take us to energy independence, to that the Iraqi Government will not crops will create American jobs and free us from the thrall of being subject begin to address the political reconcili- protect the environment by reducing to Chavez and the Saudis and others, ation until it is clear that our troops carbon emissions. are coming home. Madam Speaker, the Energy Inde- but the Republicans object to that too. And we would pay for it by stripping Last month, House Democrats once pendence and Security Act will help again passed a bill that provided our our Nation invest in resources in the the wildly profitable oil and gas indus- try of some tax subsidies from the troops with $50 billion in funding and a Midwest to improve our environment, strategic plan that brings them home. instead of relying on Mideastern coun- American people, and the Republicans object to that too. But despite their ob- We must bring our troops home. We de- tries for pollution-heavy fossil fuels. mand a change in the direction in Iraq. I hope all my colleagues in the House jections, we are going to establish a and Senate will support this legislation new energy direction sustainable for f and help reduce our dependence on for- this country. b 1015 eign oil. f NEW ENERGY POLICY f FUND OUR VETERANS (Mr. CONAWAY asked and was given CONGRATULATING THE REDSKINS (Mrs. DRAKE asked and was given permission to address the House for 1 OF HAMILTON COUNTY, OHIO permission to address the House for 1 minute and to revise and extend his re- (Mrs. SCHMIDT asked and was given minute and to revise and extend her re- marks.) permission to address the House for 1 marks.) Mr. CONAWAY. Madam Speaker, the minute and to revise and extend her re- Mrs. DRAKE. Madam Speaker, this is previous speaker mentioned that the marks.) day 66; that’s 66 days so far that our current energy policy was crafted in Mrs. SCHMIDT. Madam Speaker, I veterans have not had the use of the in- the dark. I would have to agree that rise today to congratulate the Ander- creased funding for their benefits and the current energy policy that’s being son Redskins of Hamilton County, Ohio health care. That’s $18.5 million a day proposed has certainly kept the Repub- for winning the Division II Ohio School not able to be used. This bill has been licans in the dark because we have yet Athletic Association Football Cham- done for months and the President has to see the language on the policy that pionship. The Redskins capped off their already agreed to sign it. But instead we will be asked to vote on over the incredible run into history Friday of moving the bill forward, the Demo- next couple of days. In all likelihood, it night by beating the Louisville Leop- cratic leadership in Congress continues will require mandates. Mandates are ards of Stark County 31–25 in front of to postpone this bill. So far, only one good ideas that I’ve come up with that 11,065 fans at Paul Brown Tiger Sta- of 12 appropriation bills have been you have to pay for. dium in Massillon. passed and signed into law. Why? Our There will be a lot of talk on this After 19 years as assistant coach at veterans are heroes. There are few floor, there will be a lot of good argu- Anderson, first-year head coach Jeff things more important than ensuring ments made, but to cut to the chase, if

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14161 it were cheaper to produce electricity homes this winter. Unfortunately, this domestic resources. Unfortunately, the today by using solar and wind and Democrat majority is either unwilling Pelosi bill will make us more depend- other alternatives, we would be doing or unable to accept that responsibility. ent on foreign energy, not less. it. That’s the American way. That’s The majority wants to place unreal- The Democrat bill relies on much- the commerce of the circumstances, istic Federal mandates on renewable needed conservation through increased but it is not. And so, as we look at electricity that will drive up the cost CAFE standards 13 years from now, these proposals that will require how of utilities and mandates on renewable which will change the fleet, and the we go about providing America with fuel that will increase the cost of food production of 15 percent of our elec- the electricity and energy we need over at the supermarket. tricity from renewables, hardly enough the next decades, let’s don’t forget that The American public wants results. to replace the 13 million barrels of oil there is a cost associated with it. We That means increasing domestic oil we import every day. ought to know that cost. We ought to and gas production, building petroleum If we want to achieve energy security know the cost to consumers and to the refineries for the first time in 30 years, and reduce our dependence on foreign businesses that have to use that en- and expanding the use of nuclear en- energy, we must increase domestic pro- ergy. ergy. Instead, the static electricity cre- duction of oil and gas in America’s en- There’s an old saying, ‘‘If you don’t ated by my shoes rubbing across this ergy-rich areas. like the high cost of eggs, then why carpet creates more energy than the As American families and small busi- would you kill chickens?’’ Let’s be Democrats’ energy bill. nesses continue to tighten their belts careful that with this new energy pol- f to cope with soaring energy costs, Con- icy that’s being proposed, that we gress should be doing everything in ENERGY INDEPENDENCE AND don’t, in fact, kill the chickens that their power to relieve this unnecessary SECURITY ACT produce the eggs that generate the burden. Yet today the House is taking electricity and the energy that we (Mr. CARNAHAN asked and was a step in the opposite direction, in- need. given permission to address the House creasing our dependence on energy f for 1 minute and to revise and extend from foreign, unstable countries. his remarks.) f HOUSE DEMOCRATS FIGHTING FOR Mr. CARNAHAN. Madam Speaker, as MIDDLE-CLASS FAMILIES IN AN evidence mounts about the growing DEMOCRATIC HOUSE WORKING ON UNCERTAIN ECONOMY risk of climate change and dependence BEHALF OF PROGRESS (Mr. CARDOZA asked and was given on foreign oil, this Congress has a duty (Mr. YARMUTH asked and was given permission to address the House for 1 to enact responsible legislation that re- permission to address the House for 1 minute and to revise and extend his re- duces our impact on the environment. minute.) marks.) Today, we will do just that by consid- Mr. YARMUTH. Madam Speaker, Mr. CARDOZA. Madam Speaker, with ering the Energy Independence and Se- how many times is President Bush home values dropping and the cost of curity Act, which includes critical pro- going to hold the same press con- health care, home heating oil and col- visions to not only reduce global warm- ference, hammering away at Congress lege education continuing to rise, ing, but create new American jobs by just because we’re meeting our respon- American families are justifiably un- harnessing the best of American inno- sibilities under article I and restoring easy about their ability to make ends vation and technology. Americans’ faith in the future? Doesn’t meet in a declining economy. This energy bill creates a program to he understand that the American peo- The Democratic Congress has made train a skilled green workforce in our ple chose to put Democrats in control protecting middle-class families its Nation, and could lead to the creation of Congress for a reason? highest priority. Over the course of of nearly 3 million green jobs over the All year long we have been working this year, we have passed billions in next 10 years. It increases loan limits to take our Nation in a new direction tax relief for American small busi- for small businesses to help them de- and restore that faith in the future. In nesses, increased the minimum wage velop energy efficient technologies, some instances, the President has for the first time in a decade, passed and increases investment in small joined our efforts. We worked together legislation that cuts taxes for middle- firms developing renewable energy. It to fully implement the 9/11 Commission class families and given families the also includes landmark fuel efficiency recommendations, increase the min- most financial assistance for college standards, renewable electricity stand- imum wage, and make college more af- since the GI Bill. ards, and energy efficiency programs fordable for millions of college stu- The New Direction Congress is also that will save businesses and con- dents. Unfortunately, in almost every working to reach bipartisan agree- sumers money, while reducing carbon other instance, President Bush has ments to address the subprime loan cri- emissions. This new energy bill is a big stood in the way of real progress. He sis and predatory loan practices that step for the U.S. in the right environ- refused to help us provide quality are threatening to force thousands of mental direction, and it deserves the health coverage for 10 million children. American families from their homes. support of every Member of this Con- He rejected our efforts consistently to Today, we will bring a comprehensive gress. change course in Iraq. And he has energy bill to the floor that will pro- f threatened to veto our appropriations vide some much-needed relief at the bills that truly prioritize our domestic PELOSI BILL WILL MAKE US gas pump as well. needs. MORE DEPENDENT ON FOREIGN Madam Speaker, the needs and con- Madam Speaker, President Bush has ENERGY cerns of our Nation’s working families every right to be frustrated by his lack remain one of this Congress’ top prior- (Mr. PETERSON of Pennsylvania of accomplishments, but he has nobody ities. asked and was given permission to ad- to blame but himself. He needs to stop f dress the House for 1 minute.) standing in the way of progress. Mr. PETERSON of Pennsylvania. f DEMOCRATS’ ENERGY BILL Does the energy bill help Americans (Mr. RADANOVICH asked and was who are struggling to heat their homes LET’S DO AWAY WITH EARMARKS given permission to address the House and drive their cars? For affordable en- (Mr. FLAKE asked and was given for 1 minute.) ergy, the answer is no. permission to address the House for 1 Mr. RADANOVICH. Madam Speaker, Despite claims to the American pub- minute.) energy independence is one of the most lic that they will put policies in place Mr. FLAKE. Madam Speaker, I got a critical issues facing our Nation. This to achieve energy independence, the kick out of a recent warning made by Congress has a responsibility to the Democrats’ energy bill will not produce the chairman of the House Appropria- American family to ease the burden a single BTU of energy. tions Committee. He cautioned Mem- they’re feeling at the gas pump and re- To achieve energy independence, we bers that if congressional negotiators duce the cost of heating America’s must replace imported energy with our were forced to make additional cuts in

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14162 CONGRESSIONAL RECORD — HOUSE December 5, 2007 this year’s spending bills, that he just House for 1 minute and to revise and stood for the most basic principles of might do away with all earmarks in extend her remarks.) liberty, justice, and, above all, respect the bill. Well, that may pass for a Mrs. MILLER of Michigan. Madam for life. threat here in Washington, but tax- Speaker, three things are certain to On November 5, President Bush payers all over the country are ap- occur because of the Democrat’s energy awarded Mr. Hyde the Presidential plauding. bill: First of all, it’s going to make Medal of Freedom, the very highest Despite the perception that many in cars more expensive, it will force taxes honor the President can bestow on an Congress seem to have that taxpayers to be raised, and it will cost American American citizen. are eagerly awaiting the completion of jobs. In his first term, Henry Hyde offered appropriation bills to see if their ear- The imposition of higher CAFE an amendment that ensured that marks ended up in the bill for their standards combined with a regulatory Americans who believe in the sanctity hometown, taxpayers, whether they’re nightmare of the EPA regulating tail of life would not see their taxpayer dol- Republicans or Democrats, are ap- pipe emissions and NHTSA regulating lars go to the funding of abortion. That plauding. They think that earmarks fuel economy will force the domestic was just the beginning of Henry’s long are a waste of money. auto companies to expend billions on legislative career spent working to pro- Chairman OBEY has said on many oc- regulatory compliance with the cost tect the sanctity of human life. casions that if it were up to him, he passed along to consumers, of course. I urge the Democrat leadership to would do away with earmarks alto- Some estimate that the cost of this bring the bipartisan H. Res. 843 to the gether; they are a waste of his time will be as much as $85 billion. This floor for a vote. It would be a mark on and his committee’s resources. I means that the cost of an American this body if we did not honor the life couldn’t agree more. In fact, I can’t automobile will rise as much as $5,000 and work of a man of character like think of a better Christmas present to to $10,000 per vehicle. And worst of all, Henry Hyde. Chairman OBEY than releasing him from the stress and hassle of having to the new mandates will actually force f automakers to outsource more vehicle deal with our earmarks. I’m sure he ADMINISTRATION’S MISPLACED production in an effort to reduce their would be grateful, and our constituents PRIORITIES would be grateful even more. costs and to remain competitive, which will cost more American jobs. (Mr. HALL of New York asked and f This is simply a terrible deal for was given permission to address the RECOGNIZING THE LIFE AND LEG- American consumers, American tax- House for 1 minute.) ACY OF FORMER CONNECTICUT payers, and American workers. It will Mr. HALL of New York. Madam GOVERNOR WILLIAM O’NEILL result in a hidden tax on cars, higher Speaker, I rise today to oppose the lat- (Mr. COURTNEY asked and was taxes on gas, and less jobs in America. est demonstration of this administra- given permission to address the House Our Nation needs a comprehensive en- tion’s misplaced priorities. for 1 minute.) ergy policy, but this bill misses the President Bush wants to slash $2 bil- Mr. COURTNEY. Madam Speaker, I mark badly. lion in funding that will help our police rise today to recognize the life and leg- f and other first responders protect acy of former Governor William Americans here at home from terror- O’Neill, who passed away on November FINALLY A COMPREHENSIVE ists and other threats so that he can 24, 2007. ENERGY BILL send $3 billion over to Iraq to train po- Bill O’Neill is today recognized as (Ms. SHEA-PORTER asked and was lice there. That money means a lot to one of the giants of Connecticut his- given permission to address the House our police and firefighters here at tory. He served as Governor from 1980 for 1 minute.) home. By cutting this funding, Presi- to 1982, and was a leader who had a Ms. SHEA-PORTER. Today we will dent Bush will endanger security at commonsense, compassionate vision of vote on a comprehensive energy bill, fi- our ports, subways and rail lines. Fur- government, raising teachers’ salaries, nally. This country has waited 32 years ther, his proposal will not allow law rebuilding our roads, and creating a for an increase in mileage standards. enforcement agencies to use grants for pathbreaking prescription drug benefit Thirty-two years. We have also waited counterterrorism or intelligence per- for seniors. for Congress to focus on renewables, sonnel, funding which has helped the In Connecticut over the last 2 weeks, green jobs and energy conservation in NYPD uncover and stop nearly 20 ter- there has been an outpouring of affec- buildings and appliances. This bill will rorist attacks. tion for the Governor and his wonder- do that. This bill will also help free our By proposing these cuts, the Presi- ful surviving wife, Nikki, partly be- Nation from dependence on foreign oil. dent rejects the advice of the Depart- cause of his great work for the people, When Newt Gingrich was sworn in as ment of Homeland Security and the 9/ but also because of the plainspoken, Speaker, we were 41 percent dependent 11 Commission and again shows his pri- humble way he carried himself in the on foreign oil. We are now 61 percent orities are not those of the American State’s highest office. dependent on foreign oil. This is a risk people. As the Irish would say, Bill O’Neill to our national security. This bill will I urge the President to reconsider never put on airs. And that is why last help our pocketbooks, it will help our this request and will work with my col- week, at a funeral service at St. Pat- rick’s Church in his beloved East environment, and it will help our na- leagues to reverse these deeply mis- Hampton, the same church he served as tional security. I urge my colleagues to guided cuts to homeland security. an altar boy and the same church he vote ‘‘yes.’’ f faithfully attended for over 70 years, f LIFE HAS LOST ITS LION people from all walks of life came to HONORING THE LIFE OF (Mr. PENCE asked and was given per- pay tribute to him and Nikki and REPRESENTATIVE HENRY HYDE honor a man who set a beautiful exam- mission to address the House for 1 ple for us all, of service, decency and (Mr. PITTS asked and was given per- minute and to revise and extend his re- compassion. mission to address the House for 1 marks.) I ask my colleagues to join with me minute and to revise and extend his re- Mr. PENCE. On November 29, Ameri- in honoring Governor O’Neill’s con- marks.) cans learned of the passing of one of tributions to Connecticut and offer sin- Mr. PITTS. Madam Speaker, last the giants of this Congress in the 20th cerest condolences to his family and week, America lost a true statesman century. Congressman Henry Hyde of friends. when Henry Hyde passed away at the Illinois died at the age of 83. age of 83. As Members in both parties know, f Representative Hyde was a student of throughout his nearly four decades in ENERGY BILL IS A TERRIBLE American history, a constitutional this Congress, Henry Hyde was the es- DEAL FOR AMERICANS scholar, a thoughtful legislator, and a sence of dignity, civility, and a com- (Mrs. MILLER of Michigan asked and skillful orator. But above all, he will be mitment to principle. He was a cham- was given permission to address the remembered as a man of integrity who pion of the great causes, life, liberty

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14163 and the rule of law, a voice for the of the House voted against a surge in paying a huge price for the continuing voiceless, victims of human rights Iraq which the President had pro- war in Iraq, the Iraqi Government abuses, and he was a lion of the right moted. Well, although that vote passed itself refuses to take any steps needed to life. In every sense, life has lost its the House, it failed in the Senate, and to bring about political reconciliation. lion, and this movement will miss his we know the surge did take place and It has now been more than 320 days roar. the surge has paid off. Civilian casual- since the surge began. During that Henry once quoted me on this floor ties in Iraq are down 20 percent; 75 per- time, more than 860 American troops from his favorite poet Tennyson from cent in Baghdad. IED attacks are down have been killed and we continue to the poem ‘‘Ulysses.’’ He said, by mem- by 50 percent, and we’ve nearly doubled spend more than $10 billion in Iraq ory, ‘‘Though we are not now that the number of weapon caches that have every month; yet the Iraqi Government strength which in old days moved heav- been discovered this year from last still refuses to live up to the promises en and earth, that which we are, we year. Lots of good progress has been it made to President Bush when the are, one equal temper of heroic hearts made. surge began. made weak by time and fate, but And I don’t blame the folks who are The government promised that the strong in will to strive, to seek, to find, against Iraq for pushing the bill back Iraqi Parliament would pass a national and not to yield.’’ in January that they did. I believe that oil and gas bill. It hasn’t. On all the great issues of the day, there’s plenty of room for honest dis- The Iraqi Government also promised Henry Hyde strove, he sought, he agreement on this war. But at the the President that its parliament found, he did not yield. May he rest in same time, here we are now and we would pass a de-Baathification law. It peace, and those of us who share his need to continue funding for that war. hasn’t. values and his principles not rest until There is a $50 billion bridge fund. The The government also promised to the work he began is done. President actually has asked Congress hold provincial elections. Once again, for $196 billion, but Congress has indi- they have failed to follow through. f cated $50 billion is all that we’re will- Madam Speaker, how much longer is b 1030 ing to go at this point. But then there President Bush going to sacrifice both are some stipulations, some micro- THE PRESIDENT AND our military and our Treasury for an management of the war. COMPASSIONATE CONSERVATISM Iraqi Government that refuses to make I hope that we can have this bill on the difficult decisions that could pos- (Mr. COHEN asked and was given per- the floor of the House and have an hon- sibly produce real stability in Iraq? It’s mission to address the House for 1 est debate on it and keep the spirit of time for a change of course in Iraq. minute and to revise and extend his re- agreeing to disagree agreeably. f marks.) f Mr. COHEN. Madam Speaker, on REMOVAL OF NAME OF MEMBER IRAN AND THE ENERGY BILL Monday evening, the President hosted AS COSPONSOR OF H.R. 3120 a holiday party for Members of Con- (Mr. MORAN of Virginia asked and Mr. PUTNAM. I ask unanimous con- gress and others. A good time was had was given permission to address the sent, Madam Speaker, that my name by all. It was a wonderful time and the House for 1 minute and to revise and be removed as a cosponsor from H.R. President was a marvelous host, but I extend his remarks.) 3120. had to think in that moment about the Mr. MORAN of Virginia. Madam The SPEAKER pro tempore (Ms. Speaker, after all the fabrications and holiday spirit and the idea of giving DEGETTE). Is there objection to the re- and caring for people who need some- all the incompetence associated with quest of the gentleman from Florida? thing and providing for them. Iraq, not to mention the human rights There was no objection. abuses in Guantanamo and Abu Ghraib, I asked the President at that time to f use some of his compassionate conserv- you wouldn’t think that America could APPOINTMENT OF CONFEREES ON atism to help us get through this budg- lose any more credibility, but now we H.R. 1585, NATIONAL DEFENSE et. There are people that need help understand the President was warned AUTHORIZATION ACT FOR FIS- with their heating bills this winter. well in advance that there was new in- formation on Iran’s nuclear program; CAL YEAR 2008 There are people that need policemen yet he continued with his bellicose and protection for their neighborhoods. Mr. SKELTON. Madam Speaker, I rhetoric, even raising the specter of There are people who have problems ask unanimous consent to take from World War III. the Speaker’s table the bill (H.R. 1585) with illnesses in their families, wheth- Well, now we know. There is abso- er it be cancer, Alzheimer’s, diabetes or to authorize appropriations for fiscal lutely no excuse for going to war with year 2008 for military activities of the heart disease, which research dollars Iran. But the fact is that if the Presi- could help them with. There are people Department of Defense, for military dent is still concerned about Iran, construction, and for defense activities that need help with Head Start and which he very much should be, he education in this country and children of the Department of Energy, to pre- should read the rest of the National In- scribe military personnel strengths for that need health care. telligence Estimate which makes it Madam Speaker, I think in this such fiscal year, and for other pur- clear that Iran is going to acquire even poses, with a Senate amendment there- Christmas season we ought to think more wealth and, thus, power because about why we’re here, who we should to, disagree to the Senate amendment, of our dependency on oil. and agree to the conference asked by be helping and what we ought to be So the best thing that the President doing. Part of it is helping others and the Senate. can do if he’s concerned about Iran is The Clerk read the title of the bill. people who need a little bit more. The to sign the energy bill that we are con- President was elected on an idea of The SPEAKER pro tempore. Is there sidering today. We cannot continue our objection to the request of the gen- compassionate conservatism. It’s time dependence upon foreign oil, and the to be compassionate. Part of that is tleman from Missouri? first way to start moving in a new and There was no objection. being compassionate to take care of more secure direction, is to sign the MOTION TO INSTRUCT OFFERED BY MR. HUNTER people here in America. Energy Independence bill that will go Mr. HUNTER. Madam Speaker, I Bring it home, Mr. President. to his desk very shortly. offer a motion to instruct conferees. f f The Clerk read as follows: IRAQ TIME FOR A CHANGE OF COURSE Mr. Hunter moves that the managers on (Mr. KINGSTON asked and was given IN IRAQ the part of the House at the conference on permission to address the House for 1 the disagreeing votes of the two Houses on (Mr. PALLONE asked and was given the Senate amendment to the bill H.R. 1585 minute and to revise and extend his re- permission to address the House for 1 be instructed to agree to the following provi- marks.) minute.) sions: Mr. KINGSTON. Madam Speaker, Mr. PALLONE. Madam Speaker, (1) The provision contained in section back in January, a number of Members while our Nation and our military are 1536(b) of the Senate amendment, relating to

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14164 CONGRESSIONAL RECORD — HOUSE December 5, 2007 the sense of the Senate that the Senate Defeat Organization, JIEDDO, which happen without further action on an should commit itself to a strategy that will has a complicated name but very sim- appropriations bill, and it is those ap- not leave a failed state in Iraq and the Sen- ply means developing capabilities propriations bills that have served as ate should not pass legislation that will un- against roadside bombs. That’s a com- the vehicles for the Iraq debate. dermine our military’s ability to prevent a failed state in Iraq. mand that we set up to defeat IEDs in The House recently passed a bridge (2) The provisions contained in title XV of Iraq, and we are told now that it will supplemental fund that would change the House bill, relating to the authorization run out of money within the next hun- our policy in Iraq. We may very well of additional appropriations for Operation dred days and may not have enough have similar debates in the future, and Iraqi Freedom and Operation Enduring Free- money to fund all urgent initiatives I would hope that my colleagues on the dom. from Iraq and Afghanistan during that other side of the aisle would be forth- The SPEAKER pro tempore. Pursu- time. coming with their suggestions on how ant to clause 7 of rule XXII, the gen- to address the strategic risk we incur b 1045 tleman from California (Mr. HUNTER) by pursuing the President’s failed pol- and the gentleman from Missouri (Mr. I would remind my colleagues that icy. In the Defense Authorization Act, SKELTON) each will control 30 minutes. the roadside bombs are being seen on a our committee, I expect, will act in The Chair recognizes the gentleman more widespread basis in Afghanistan conference to ensure that those debates from California. now. There has been an understanding can occur and that the House can work Mr. HUNTER. Thank you, Madam by the insurgents, by the Taliban, by al its will on future appropriations bills Speaker, and I yield myself such time Qaeda in Afghanistan that those, in to restrain the President’s Iraq war as I might consume. fact, are a deadly and effective system. policy. My colleagues, the Republican mo- And it makes no sense whatsoever for We all acknowledge that our troops tion to instruct outlines the con- us to shortchange the accounts that have done a great job in Iraq. We owe sequences of a failed state in Iraq and are going toward the defeat of roadside them our thanks, our gratitude and our supports a clean war funding bill with- bombs. congratulations for their work as well out a date certain to withdraw Amer- Another point that I would make is as for their sacrifices. Their sweat and ican troops from Iraq. And I would re- that we have been notified that the their blood have helped to reduce the mind my colleagues that the motion to Pentagon will soon be required to lay level of violence in Iraq from the hor- instruct goes to the Senate provision off 100,000 civilian workers. Many of rific levels of late 2006 and early 2007. which passed by a nearly unanimous those workers are working on impor- The original purpose of this surge vote of 94–3. tant projects that go to the heart of was to reduce violence to provide the Let me explain what it does. The Re- our ability to win in the war-fighting Iraqis with a chance for political rec- publican motion to instruct puts the theaters. So this is a major, major mis- onciliation. Violence is down. It is time House of Representatives on record ac- take for this Congress, in the middle of for the Iraqis to step up and take the knowledging the consequences of a an operation in two war-fighting thea- hard steps toward reconciliation that vote for a precipitous withdrawal from ters, to shortchange these accounts will finish the job our wonderful troops Iraq and not fully funding our troops which will result in the military hav- have started. Yet they have refused to and their missions. It instructs House ing to reach in the cash register, take do this. conferees to accept Senate provision money out of other accounts in the In response to this refusal, the House 1536 which states that it is the sense of hope that at some point in the future recently voted to begin to redeploy Congress that a failed state in Iraq next year we are going to be able to most of our troops out of Iraq and to would become a safe haven for Islamic make up that money. So whatever your change the nature of our involvement radicals, including al Qaeda and position on our operations in Iraq and there. This policy is supported by a Hezbollah, who are determined to at- Afghanistan, whether you think we large majority of the American people tack the United States and its allies. should be there or not be there, every The provision also notes that a failed who do not believe that we should con- Member of this body says time and state in Iraq could lead to a broader re- tinue to police a civil war when the again, ‘‘We support the troops.’’ gional conflict involving Saudi Arabia, Iraqis themselves refuse to take the Madam Speaker, stripping this fund- Iran, Syria and Turkey, and would lead hard steps to bring it to an end. ing off, which is what we will do if we to massive humanitarian suffering, in- Well, we are not having the Iraq de- don’t pass this motion to instruct, is cluding widespread ethnic cleansing bate on the defense authorization bill. and countless refugees and internally very clearly a disservice to these The supplemental authorization is in- displaced persons, many of whom will 157,000 plus troops in Iraq and the 22,000 tended to set the stage for that debate. be tortured and killed for having as- plus American troops fighting in Af- That is an appropriations bill as all of sisted coalition forces. ghanistan right now. us know. That is why the House and Senate provision 1536 concludes by I reserve the balance of my time. the Senate versions of the Defense Au- stating that the Congress should com- Mr. SKELTON. Madam Speaker, I thorization Act, which is before us, in- mit itself to a strategy that will not yield myself such time as I may con- cluded a supplemental authorization leave a failed state in Iraq and should sume. and why I suspect that the conference not pass legislation that will under- As my friend, Mr. HUNTER, the gen- will do the same. mine our military’s ability to prevent tleman from California knows, both I reserve the balance of my time. a failed state in Iraq. the House version of the Defense Au- Mr. HUNTER. Madam Speaker, at Now, going to the aspect of the au- thorization Act and the Senate version this time I would like to yield 5 min- thorization of additional appropria- authorized supplemental funding for utes to the distinguished gentleman tions for Operation Iraqi Freedom and the wars in Iraq and Afghanistan. I say from New Jersey (Mr. SAXTON) who is Operation Enduring Freedom, my col- ‘‘authorized.’’ the ranking member on the Terrorism leagues, these are the funds that are The Armed Services Committee has Subcommittee. essential in this ongoing war in two collectively supported authorizing this Mr. SAXTON. I thank the gentleman theaters, to keep the funds going, to funding to ensure the continued rel- for yielding. keep the money going to operate our evance of the committee and to make I happen to believe that this motion military forces so that we don’t end up sure that the specific purposes for to instruct is extremely important. I having to reach into the cash register which the President has requested think it is extremely important for two and pull money out for ammunition, funds are actually related to the wars. reasons. First, as Mr. HUNTER pointed pull money out for training exercise, In both the House and Senate out, this provision provides instruction pull money out for important ongoing versions of the bill, we have authorized to authorize the full $192 billion supple- operations and activities here that are this funding in a way that provides mental for the war spending bill with- in fact assisting the war-fighting ef- maximum flexibility for the leadership out strings or date certain to withdraw fort. as well as for the appropriators. While American forces from Iraq. I think that One example of those, of course, is we authorize funding, as my friend is important. And I will say why a lit- the Joint Improvised Explosive Device from California knows, nothing can tle bit later here. But I also I think it

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14165 is important to recognize, as this pro- mit itself to a strategy that will not Iraq. That is the situation that still ex- vision also does, that there are con- leave a failed state in Iraq, that will ists today that we are trying to fix. sequences for not carrying out our ac- continue the progress that we have The Bush administration asked for tions in Iraq and in other places in the seen in recent months and should not too few of these. Congress, in an ear- world, for that matter, in a responsible pass legislation that will undermine mark, said no, we are going to build fashion. our military’s ability to prevent a them because they are going to save This measure instructs the House failed state in Iraq. lives. The Bush administration asked conferees to accept a provision that Mr. SKELTON. Madam Speaker, be- for too few mine-resistant, ambush- has already been passed by the Senate. fore I yield to the gentleman from Mis- protected vehicles. Congress, in an ear- It is known as provision 1536 which sissippi, let me point out the fact that mark, said no, we are going to build states that it is the sense of Congress both in the House version of the de- them because it is going to keep kids that a failed state in Iraq would be- fense authorization bill as well as the from losing their legs, and it is going come a safe haven for Islamic radicals, Senate version of the bill there is posi- to keep kids from losing their lives. So including al Qaeda and Hezbollah, and tive reference to the threat of a failed of course I am going to support this others, who are determined to attack state in Iraq. That is fully recognized bill, I am going to support the gentle- the United States here at home and our in both pieces of legislation, and I ap- man’s efforts, and I thank the chair- allies. preciate the gentleman’s comments man for putting together what I think Let me speak to the first point to say thereon and hopefully correct and par- is an excellent Armed Services defense why I think it is important that we go allel language could be adopted in that authorization bill that is going to lead forward to authorize the full $192 bil- regard. to fewer deaths in Iraq, fewer deaths in lion supplemental war spending bill. I now, Madam Speaker, yield 5 min- Afghanistan, and a stronger, and hope- All of us should be students of history, utes to my friend, my colleague, the fully in the future, more peaceful particularly recent history. I know gentleman from Mississippi, the chair- that the chairman of the Armed Serv- world. man of the Subcommittee on Seapower ices Committee is a great historian Mr. HUNTER. Madam Speaker, I (Mr. TAYLOR). himself. But recent events I think are want to thank the last speaker for his Mr. TAYLOR. I thank the gentleman statement and for his wonderful con- extremely important. Perhaps some of from Missouri, the chairman. our colleagues here have not watched tribution on the Armed Services Com- Madam Speaker, one of the things we mittee in terms of working the jammer this as closely as perhaps some of us on ought to do in a democracy is when the the Armed Services Committee, but as issues, and lots of other Members who other guy has a good idea, no matter have worked these important force pro- we saw progress begin to take place in what political party he’s in, is to say Iraq, many of us asked why. And I tection issues. I think that we have that’s a good idea. I would remind the proven on the committee that the wis- think it was universally accepted that gentleman that it was the Bush admin- one of the reasons was that the Sunni dom of the committee and lots of Mem- istration that classified the number of bers who have gotten personally in- tribal leaders, for a couple of reasons, I jammers in Iraq under a failed policy believe, began to cooperate with our volved in this force protection issue by Donald Rumsfeld that basically have matched and at some times ex- forces and our personnel who are there. didn’t want the moms and dads of One reason was in their own self-inter- ceeded the Pentagon’s own projections Americans to know how few we had. It est. They recognized that the time of and projects. was this Congress that insisted that we wishing each other, that is Sunnis and have a jammer on every vehicle in Iraq b 1100 Shias ill, was drawing to a close be- to keep the improvised explosive de- I am reminded also that we manufac- cause the Iraqi people themselves were vices from being remotely detonated. tured and fielded 10,000 portable tired of the violence. So just like any So, of course, I don’t want those funds jammers, so that troops who are on of our neighbors here would be tired of cut because I, along with others, foot could also have jammers, which violence under those circumstances, worked to put those funds in the bill. had not been planned by the Pentagon. the Iraqis grew tired of it as well. But the second reason I believe we Along that same policy of ‘‘war by So I think he makes a good point. Of began to make the progress that we see wishful thinking’’ from the Rumsfeld course, having these funds that are today is very simply that the Iraqi peo- crowd was that we didn’t need mine-re- available in these supplementals that ple became convinced, in spite of many sistant vehicles over there. The Bush we can direct to force protection is a days of rhetoric on this floor, became administration only asked for 4,000. We key aspect of our responsibility. convinced that we weren’t going to were going to build over 15,000 because Madam Speaker, I yield 5 minutes to leave them, that we were going to stay this Congress realized the importance the gentlewoman from Virginia (Mrs. and finish the job. And so the commit- of them, and that there are kids in DRAKE). ment that would be expressed by the Walter Reed today who would still Mrs. DRAKE. Madam Speaker, I rise passage of this language I think is ex- have their limbs if we had built them in strong support of the motion to in- tremely important. sooner. There are kids in Mississippi struct conferees. This motion would in- But I also think it is important to graveyards who would still be alive if struct House conferees to accept sec- recognize that the provision notes that we had built them sooner. So of course tion 1536 of the Senate version of the a failed state in Iraq could lead to a we want those funds in the bill. national defense authorization, a provi- broader regional conflict. There was a I fully support the gentleman’s ef- sion which received near unanimous lot of talk here this morning on this forts. We have a lot of very good things support on the other side of the Cap- floor and yesterday in the news media in this bill, and it deserves to be fund- itol. This section states, ‘‘A failed about the state of Iran, and why was it ed, and the troops in Iraq need to know state in Iraq would become a safe that in 2003 we now believe that they that we are going to fund the jammers haven for radicals, including al Qaeda discontinued their effort to create nu- they need to save their lives both over and Hezbollah, who are determined to clear weapons. Could it have been there and here because one of the prob- attack the United States and its al- something that happened in their lems with having too few jammers is lies.’’ It goes on to state that ‘‘a failed neighborhood? Could it have been the that our troops in the United States state in Iraq would lead to a broader determination that our soldiers, sail- that are training to go to Iraq still regional conflict, possibly involving ors, airmen and marines showed next aren’t seeing a jammer until they get Syria and Iran.’’ door in Iraq? And could it be that the to theater. And this is the device that I would remind my colleagues that Iranian leadership recognized that is going to save their lives. This is the only a few short months ago, the Presi- there were actions that they needed to device that is going to save their limbs. dent of Iran was quoted as saying that take in their best interest which per- And they need to be training with very soon we will be witnessing a great haps included the discontinuation of those things here in America so that power vacuum in the region, and that their effort to create nuclear weapons? the first time they don’t see this device Iran is willing to fill this void. Senate provision 1536 concludes by that’s going to save their life is when Madam Speaker, the other side has stating that the Congress should com- they are traveling from Kuwait into attempted over 40 times to wave a

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14166 CONGRESSIONAL RECORD — HOUSE December 5, 2007 white flag in Iraq. This motion would way, it is what is going to probably be Department isn’t something that the put this Chamber on record as sup- in the bill, and it is certainly what is Iraqis can pass, even though they have porting a policy of success in Iraq. Our reflected in a bipartisan way by both the votes to do it. I find that fas- goal must be the path that we are on; Democrats and Republicans in both the cinating. a stable, functioning Iraqi Govern- House and the Senate. We have been told for months that ment, who can be an ally with us in the I think there has been a lot of rhet- the petrochemical law is the most im- war on terror and not the goal of our oric today about how dangerous a portant thing that they can do. It is enemy, which is Iraq as the capital of failed state in Iraq would be, and I the thing that is going to give the their caliphate. stand to join my colleagues. I am abso- Sunnis the effort to come into the gov- Madam Speaker, I visited Iraq this lutely, unambiguously convinced that ernment and feel like they are part of summer. I had the opportunity to meet a failed state in Iraq is not only now a the government and that they are part with the Deputy Prime Minister, and I bad thing, but would continue to be a of a solution and a one-Iraq strategy. asked the question why Iraq had not bad thing. But, of course, we don’t have that, be- passed the legislation that we were I guess the real question is, what cause even though they have the votes, using as a benchmark. I told him I had about the failed policy that got us to a it seems like it is just a little too hard heard he had the votes to pass the leg- place where we are all concerned about to do. islation. a failed state in Iraq, and why isn’t the We are spending too much money. We His answer to me was quite sur- debate today about the failed policy? are spending too much time. We are prising. He said, ‘‘Yes, I have the votes. How could it be that we are sitting risking too many American soldiers. I have 75 percent to pass the legisla- here talking about a national defense We are risking our readiness. The tion.’’ He said, ‘‘But if I do it, I will be bill that is one of the most important failed policy is really what we should cutting the Sunnis out of the govern- bills that the Congress brings, our con- be talking about, Madam Speaker. ment; they will have no voice and no stitutional responsibility, and we are Madam Speaker, I said it is easy to power.’’ not talking about a failed policy that support this motion to instruct be- That is exactly the opposite of what has caused us to borrow almost $800 cause it is something we all agree on. Mr. HUNTER. Madam Speaker, I their goal is in Iraq. I would maintain billion, caused us to have virtually no yield 4 minutes to respond to my good that the Iraqi Government is working ready ground forces in the United colleague from California. very hard for stable institutions where States currently, caused us to degrade First, I would say to my colleague, no one group can take over power our ability to be prepared for any other we are winning in Iraq. We are win- again. contingency? Why isn’t the debate ning. We are going to leave Iraq in vic- We have all seen the efforts of our today about that? tory. military and the surge are working, Well, because that would be a good Maybe my friend heard a different creating stability and security. And debate. That would be really what the briefing than the one that I heard when now we are seeing the best of all re- debate should be about. But, instead, General Petraeus came back and laid sults, which is the Iraqi people them- we are going to have a motion to in- out the most recent figures with re- selves, who have chosen us and have struct on things that are already spect to attacks, but that very dan- chosen their government. And in the agreed to by the Senate and the House, gerous part of Anbar province that we words of their own sheiks that we met, by the conferees, and I would say every have both visited has seen a drop in at- two Sunni and two Shia, they said, Member here. tacks of 80 percent. In fact, we have ‘‘We are working together for Iraq.’’ So I appreciate the Member from seen a drop in attacks and a drop in I urge my colleagues to support this California bringing this up. This is American casualties and civilian cas- motion in the best interests of our na- easy to support. We are all for it and ualties across Iraq. And we have also tional security and working together we all know it. But the real question seen new capabilities in the 131 Iraqi for Iraq. is: Why don’t we have a debate about battalions that we have built from Mr. SKELTON. Madam Speaker, I the failed policy? Why aren’t we really scratch. yield 5 minutes to my friend and col- concerned about the readiness of our I would just say to my friend, I have league, the gentlewoman from Cali- troops, our inability to deal with other seen all the old smooth-path books and fornia (Mrs. TAUSCHER), who is the contingencies, all of the money we reports and recommendations that said chairwoman of the Subcommittee on have borrowed, and no solution to ex- somehow there was a smooth path to Strategic Forces. tricate ourselves honorably and as soon victory in Iraq, and I have always said Mrs. TAUSCHER. Madam Speaker, I as possible to bring our troops home so there is no smooth path. thank the distinguished chairman of that we can maintain our readiness? To those who say we should have the House Armed Services Committee, Our American forces in Afghanistan kept Saddam Hussein’s army in place, I who led a fabulous effort this year. For and in Iraq have done everything that am reminded that Saddam Hussein’s the first time in 13 years, Democrats the American people have asked for. army had 11,000 Sunni generals, which are in the majority and wrote a defense The problem, my colleagues, is they would have been exactly the wrong for- bill that came to the floor and passed have done it for too long. They have mula for a military which is supposed with almost 400 votes. I think that is a done it for too long without an Iraqi to take on a role of stabilization and record, and I think it speaks very much Government that will stand up and honest brokerage in Iraq. for the bipartisan effort that we had on provide the political solution necessary The reports that we are now seeing the committee. for us to be able to leave an Iraq that from the battlefield are that the Iraqi In my subcommittee, Strategic is beginning to put itself together, forces, while some of them have had Forces, which includes many different knitting those tribes together, moving limited battlefield experience, some issues, including missile defense, the forward together to do the right thing. have had extensive battlefield experi- entire nuclear weapons portfolio, our But what we have right now is an in- ence, that military is maturing; that part of the bill passed through on a transigent, stuck Iraqi Government the military that broke and ran in the voice vote and then came to the com- that hasn’t provided the political solu- first battle of Fallujah, the Iraqi mili- mittee and was supported by virtually tion, the only solution, that will be tary, now stands and fights; that in all members. So I think we have a very able to create a stable Iraq. It is not fact that government is moving for- good bill. I think that the conference our responsibility to create a stable ward, and although it is moving for- between the House and the Senate will Iraq. That is why they have a sovereign ward in a stumbling, bumbling, some- be a productive one. It will be a time government. And what we can no times inept fashion, that is the nature for us to mesh these issues. longer do is enable the sovereign gov- of new governments. That is also the But as we so often say in Wash- ernment to come up with excuse after nature of governments that solve their ington, no good deed goes unpunished. excuse after excuse. problems with ballots and not bullets, I very much appreciate the ranking I really appreciated my colleague because it is not always easy to get the member from California bringing this from Virginia explaining to me why other guy to agree with you on a par- motion to instruct forward, but, by the the oil legislation written by our State ticular function.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14167 With respect to oil distribution, their lowest level since March of 2006; The issue, as my friend the gentle- there is an ad hoc oil distribution that and that many military analysts, in- woman from California said, is how do is taking place right now, or de facto cluding some who are opposed to the we avoid a failed state in Iraq. Sadly, oil distribution. It is not a function of war, have concluded that the United the record gives us many examples of legislation. Right now the Kurds get, States and its allies are on the verge of what not to do. for example, 18 percent of the oil reve- winning in Iraq. When General Shinseki told the ad- nues. So there is an oil distribution. Indeed, Madam Speaker, the distin- ministration that his recommendation And I think if there wasn’t an oil dis- guished chairman of the Defense Au- was to put 300,000 troops on the ground tribution, you would have more con- thorization Appropriations Sub- after Saddam fell, and the administra- flict. Instead of seeing a waning con- committee just returned from Iraq, and tion ignored that request, that is what flict between the various sectors in he declared that the surge is finally not to do; when leaders who had stud- Iraq, you would see an increasing con- working. I reference Mr. MURTHA from ied Iraq in our State Department, our flict. Pennsylvania. intelligence agencies and our Defense So I would just say to my friends and Madam Speaker, this is something Department said abolishing the Iraqi to the gentlewoman and to everyone the other side doesn’t like to discuss, Army and the Baathist Party in its en- who cares about an American victory victory in the global war on terror. tirety is the wrong thing to do, abol- in Iraq, we will have victory in Iraq if That is tough to squeeze in with the ishing the Iraqi Army, abolishing the we maintain our strength. And main- defeatist rhetoric recited to appease Baathist Party in its entirety was the taining our strength includes con- MoveOn.org and Code Pink. wrong thing to do, it increased the risk tinuing to fund this operation. Another thing the Democratic major- of a failed state. It is our committee, the Armed Serv- ity never discusses are the con- Now I heard my friend, the ranking ices Committee, that came up initially sequences of failure, and they have member, talk about 11,000 Sunni gen- with the so-called bridge fund appro- been discussed this morning on our erals, and he is right. The top of the priation, because we said it is only side. Iraqi Army, the erstwhile Iraqi Army, proper that the Armed Services Com- the top of the Baathist Party should b 1115 mittee authorizes an appropriation have either been put on trial, put in that will go through the winter months That is why this motion to instruct prison, or, at the very least, removed of the year so that the services do not is so important, Madam Speaker. It is from those institutions. But the 85 to have to reach into the cash register critical that the House accept Senate 90 percent who ran the sewer system and take money out of valuable train- provision 1536 and recognize that fail- and the train system and the bureauc- ing exercises, take money out of our ure in Iraq would mean a collapse of a racy of Iraq should not have been fired military equipment accounts and take democratic Iraqi Government, likely all at once. It was not the rec- money out of our ammunition ac- leading to mass killings and genocide ommendation of the Secretary of counts. in that nation; certainly emboldening State, it was not the recommendation So I think we have exactly what we al Qaeda; regional instability; Iran and of the intelligence community, but it’s need in this motion to recommit. It is Syria determining the course of Iraq’s what we did, and it’s how to create a a motion that says it is the commit- future; and Israel being pushed into the failed state. When voices within our government ment of the United States Congress Mediterranean Sea, just as Ahmadin- and around the world said that the that we don’t have a failed state in ejad called for. right way to transition from Saddam’s Iraq, and it also emphasizes again that These are the consequences of defeat corrupt and evil regime to a new day we have to have these supplemental and these are the reasons why Congress was an internationally supervised po- funds to ensure that the war fighters in must commit to a strategy that will litical process, not listening to those both of these theaters, in Afghanistan not leave a failed state in Iraq and why voices was the wrong thing to do, and and in Iraq, are able to move forward. Congress must not pass, indeed, not pass legislation that risks demoralizing it increased the risk of a failed state. Madam Speaker, I yield 5 minutes to So, yes, we know all sorts of things. and undermining our military, as they the gentleman from Georgia (Mr. We have learned all kinds of lessons are indeed on the verge of victory in GINGREY). about what not to do. Mr. GINGREY. Madam Speaker, I Iraq. What should we do? Well, I think rise in strong support of the Repub- So, Madam Speaker, the Democrats what we should do is insist that the lican motion to instruct the conferees are zero for 40 in trying to compel this Iraqi politicians do what American on the 2008 Department of Defense au- precipitous withdrawal from Iraq. With troops have done with such excellence, thorization act. this motion to instruct, I ask them for to execute the job they have been Madam Speaker, as we adjourned for once to get on the right side. Join not given. We are thankful that the level of the Thanksgiving recess, we witnessed just the Republicans, but, more impor- violence has been reduced. We are very something remarkable. We witnessed tantly, our brave men and women in grateful for this, and we understand the Democratic majority, in working the military, and give victory a that the credit for that largely goes to to mollify their liberal base one more chance. the Americans in uniform and to their time before the Thanksgiving recess, Madam Speaker, I encourage all my Iraqi partners fighting with them. We come to the floor pounding their fist colleagues, let’s vote ‘‘yes’’ on the mo- are very thankful for that result. declaring that we must not give our tion to instruct. But we are also very mindful that the troops additional funding without con- Mr. SKELTON. Madam Speaker, I Iraqi politicians who have been given a gressional mandated withdrawal guide- yield 5 minutes to the gentleman from golden opportunity to bring peace and lines. They recycled the same old rhet- New Jersey (Mr. ANDREWS), a very dis- stability to their country have utterly oric, seemingly oblivious to the facts tinguished member of the Armed Serv- failed to do so. They have not passed a on the ground. ices Committee. law dividing up the proceeds of their Thankfully, the direction of our ef- (Mr. ANDREWS asked and was given oil industry; they have not guaranteed forts in the global war on terror is permission to revise and extend his re- minority rights in their government; being guided by General Petraeus and marks.) they have not set up and established others who do understand the momen- Mr. ANDREWS. Madam Speaker, this provincial elections and provincial gov- tum that we have garnered; that vio- resolution affirms the obvious and ernments. They have utterly failed to lence between Sunnis and Shiites has avoids the necessary. It is obvious that establish a stable government, because nearly disappeared from Baghdad, with the common goal of the United States, we have stood there and continued to terrorist bombings down 77 percent; the House, the Senate, Republicans and hold their coats and let them suffer the that attacks against United States sol- Democrats, is to avoid a failed state in delusion that America’s sons and diers have fallen to levels not seen Iraq. The Senate bill affirms this, the daughters will stay there forever. since before the February 2006 bombing House bill affirms this, and I am su- If you want to avoid a failed state in of the Shiite shrine in Samarra; that premely confident that the final con- Iraq, change that delusionary percep- United States casualties in Iraq are at ference report will confirm it as well. tion. Say to the Iraqi politicians, the

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14168 CONGRESSIONAL RECORD — HOUSE December 5, 2007 clock is running. The time is drawing success a chance. They did not believe I am proud of the work we have done. nigh when our sons and our daughters our fighting men and women, imple- I am proud of the Armed Services Com- will no longer referee your civil war. menting General Petraeus’ new coun- mittee. I think it is the most bipar- Negotiate an end to it, stop it, build a terinsurgency strategy, could rout al tisan committee in Congress. Special stable government. That is how to Qaeda and insurgent forces and win thanks to the gentleman from Cali- avoid a failed state. That is the policy over the Iraqi population. I am proud fornia who has worked with us these underlying the policy of this majority. to say that they were wrong, and that many years to the end of positive help Frankly, it’s a policy reflected in this is what has happened. for the American in uniform. excellent Armed Services authoriza- As we proceed with conference nego- So with that, I will reserve the bal- tion bill, which I hope will promptly be tiations on this National Defense Au- ance of my time. on the floor, promptly be on the Presi- thorization Act, I would urge my col- Mr. HUNTER. Madam Speaker, I dent’s desk, and promptly get about leagues not to repeat the mistake we would like to yield 3 minutes now to the business of serving the people who have sadly made many times before. another gentleman whose son has serve us so well. We must not declare defeat while our served in the Iraq theater, Mr. WILSON Mr. HUNTER. Madam Speaker, I military forces fight for victory. This of South Carolina. would like to yield to a gentleman, in motion to instruct conferees is just a Mr. WILSON of South Carolina. I fact, the next two gentlemen have sons small step to ensure that the position want to thank my Republican col- who have served in the Iraqi theater. of this body is not to accept a strategy leagues for bringing this motion to in- The gentleman from Minnesota (Mr. which will produce a failed state in struct to the floor. It is important to me as a member of the Armed Services KLINE) has a son who is a Blackhawk Iraq. helicopter pilot who has served, I be- In a letter to his troops before com- Committee, as a 31-year veteran of the lieve, in both theaters and has quite a mencing the surge operations, General Army National Guard, and as the par- bit of experience in some very difficult Petraeus noted that, ‘‘Success will re- ent of a soldier who has served in Iraq, operations. The gentleman always has quire discipline, fortitude and initia- with another son soon to deploy to an excellent insight on this important tive, qualities that you have in abun- Iraq. Additionally, our family is grate- operation. The gentleman from Min- dance.’’ ful to have two additional sons serving in the military. nesota (Mr. KLINE), I would like to give The question before us today, Madam This motion to instruct is straight- him 3 minutes. Speaker, is the same one I asked in forward. It simply confirms that the Mr. KLINE of Minnesota. I thank the July: Do we in Congress have those representatives of the American people gentleman for yielding, and for his same qualities? understand the consequences of our ac- kind words. Mr. SKELTON. Madam Speaker, I I, like the gentleman from Cali- yield myself such time as I may con- tions in Iraq and that we are not going to pull the rug out from underneath fornia, have a son serving in uniform sume. our brave soldiers. Congress should and I am very proud of his service, The motion to instruct by my friend never act to undermine our troops and proud of Mr. HUNTER’s son’s service in Mr. HUNTER from California is in two jeopardize the success they are achiev- the Marine Corps and my son’s service parts. Both of these sections make ref- ing in Iraq today. Unfortunately, the in the Army in Iraq. I understand that erence to issues that are spelled out in strategy of precipitous withdrawal and on January 1 my son is heading to Af- both the House and Senate versions defeat some continue to advocate has ghanistan. So I do feel a certain per- and consequently should be acceptable. brought us to this point. sonal importance to what we are dis- I would hope that the conferees would The Democrat leadership has contin- cussing today and to the funding for be in line with accepting both of those ued to propose legislation that aims to our troops. But collectively we have all issues. micromanage our military leaders and I would like to take just a moment, sent our sons and daughters into com- tie their hands as they stop the terror- Madam Speaker, however, to say a bat, into dangerous theaters in the ists. This undermines the extraor- world, and we need to make sure that word about those wonderful troops who dinary gains by our troops that I have we are giving them every chance for we, through this authorization, sup- seen on my eight visits to Iraq, which victory. port. They are the best in the world. has been possible by the surge led by My good friend and colleague, the They and their families have been General David Petraeus. We must not gentleman from New Jersey, said that tasked to do monumental work in Iraq, forget al Qaeda spokesman Zawahiri we have learned some things not to do Afghanistan, and elsewhere, and to say has declared Iraq and Afghanistan the and some things to do. I would argue we are proud of them is an understate- central front in the global war on ter- that the thing not to do is to take a ment. General Petraeus is the right rorism, and we must succeed in stop- strategy which is clearly working, man for the job in his great efforts in ping terrorists overseas and protecting which is bringing increased security to Iraq. American families at home. a dangerous spot in the world, to a That is why in this bill we authorize strategy that is producing more elec- a 31⁄2 percent pay raise for our troops; b 1130 tricity, more oil, opening schools, that is why we made significant This motion to instruct is a right op- shops. You don’t take that strategy changes to address the problems un- portunity for this body, for the leader- and pull the rug out from under it. earthed by the Walter Reed situation ship here in Washington to say with Last July, Madam Speaker, I and regarding our wounded warriors; that one voice that we are invested in suc- other Members stood on this floor to is why we put $1 billion in strategic cess, that our aim is not to leave be- ask our colleagues not to snatch the readiness funds to deal with the crit- hind a failed Iraqi state where safe ha- possibility of victory away from our ical readiness shortfall. And this is a vens for terrorists will threaten Amer- soldiers and marines. In an atmosphere major challenge for us. The reforms for ican families. Our military should be filled with overblown rhetoric pre- Iraq and Afghanistan contracting are able to count on our unwavering sup- dicting the failure of surge operations spelled out in this bill. There is addi- port for the fight in which they are en- before they had begun in earnest, Gen- tional money for the MRAP vehicles; gaged. eral Petraeus and those under his com- there is $980 million for our National Our colleagues in the Senate have al- mand pushed forward into the streets Guard equipment; prohibition on ready acted with near unanimous sup- of Baghdad and into the tribal-domi- TRICARE fee increases; taking steps to port, 94–3, to include the language of nated areas of al Anbar province. They minimize the inequities for survivors this motion in their authorization. engaged and destroyed al Qaeda cells and to step forward on the survivor Only three Senators voted against this, while working closely with tribal lead- benefit plan offset. showing a unified United States Sen- ers to establish a lasting stability in So all of these are major issues with- ate. They have gone on record recog- once hostile Sunni areas. in the realm of the two bills, and hope- nizing that a failed state in Iraq would Just a few short months ago, critics fully the conferees would be able to have dire consequences for the safety in this body and the Senate declared make significant progress on each of and security of the region, for Amer- defeat, declared defeat before giving those. ican families, and for our allies around

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14169 the world. It is imperative that we fol- I appreciate the fact that this is a we need to continue to move the re- low their lead. motion to instruct, but what we are sources into Iraq and Afghanistan so Again, I want to thank the ranking being instructed is, frankly, two dif- they can continue to be victorious, so member, DUNCAN HUNTER, for his lead- ferent issues that we have general that the 80 percent drop-off in the vio- ership. He is a dedicated veteran and widespread support for. Both in the lence rate in Anbar province will con- father of an Iraq veteran. And addition- House and Senate version of the bill, tinue, and so that the Iraqi Army will ally, I want to thank my Republican the language included in the motion to continue to stand up to the point where colleagues for bringing this motion to instruct has been included. We should it can displace America’s heavy com- the floor. I encourage all of my col- be very confident that they will be part bat forces, Marines and Army, and our leagues to support it and send a bipar- of the final conference report, so this is guys can come home or go to other tisan message to our enemies and allies a motion to instruct that is very sup- places in CENTCOM. that we are committed to victory in portable. Madam Speaker, this is a very impor- Iraq and ensuring that Iraq does not I am happy to yield back the balance tant motion to instruct because it become a failed state and a safe haven of my time. gives a very clear message to those for terrorists. Mr. HUNTER. Madam Speaker, I 157,000-plus troops in Iraq and those Mrs. TAUSCHER. Madam Speaker, want to thank my colleague from Cali- 22,000-plus troops in Afghanistan. It we have no further speakers on our side fornia for her comments, and also the says the American Congress, we stand and are prepared to close. distinguished chairman, who is a great behind our troops and we stand behind I just want to once again remind ev- friend and a wonderful patriot and has their mission. eryone what this is really about. We done a great job of steering our com- Mr. HALL of New York. Madam Speaker, I have an excellent national defense au- mittee through the authorization proc- voted in favor of the motion to instruct con- thorization bill for fiscal year 2008. It ess. ferees, which included Senate language stat- has broad bipartisan support, bi- Let me tell you why I think it is im- ing that ‘‘the Senate should not pass legisla- cameral support, both the House and portant to pass this motion to instruct. tion that will undermine our military’s ability to the Senate. Most Members voted for We built the bridge fund. The Armed prevent a failed state in Iraq’’, because I be- this bill when it came to the floor in Services Committee realized we have lieve the men and women of the United States the spring. We are about to go to con- the winter months when you need fund- military are admirably and ably performing ference and make sure that the bills ing for the troops before you get to the their duties. They are already doing everything become congruent so we can send it to spring supplemental. So we came up the can to prevent Iraq from becoming a failed the President. initially several years ago with the state, and I continue to support them and the This is a bill that the President must idea of a $50 billion bridge fund to professionalism and skill they have displayed. sign. It has so many good things in it. make sure that those soldiers, sailors, However, it is not the role of the United States I want to take a couple of seconds and airmen and marines had what they military to control the long term viability of the talk about the fact that Democrats, needed in the war-fighting theater to Iraqi government. To avoid becoming a failed who took majority in January, have be successful. state, Iraqi political leaders must come to a written their first bill in 13 years, and It is true we have this in our bill this consensus regarding the future of Iraq and the there are many, many good things in time because we are the major archi- Iraqi government. There is no role for the here that we are very proud of. We tects of the bridge fund. We are the United States military in that task. I continue to have done many things for the troops. people who came up with it the first call for strong diplomatic efforts to resolve the We have included a 3.5 percent pay time, and the appropriators followed situation in Iraq, and believe that a firm time- raise. We have prohibited increases in us. But this time they did not follow line for the withdrawal of U.S. troops will force their health care, which is called us. This time they conditioned the Iraq’s political leaders to take responsibility for TRICARE, and pharmacy user fees. bridge fund with get-out-of-Iraq lan- the future of their country. The bill also provides $980 million for guage, and that was a disservice to ev- Mr. HUNTER. Madam Speaker, I National Guard equipment. We know eryone who wears the uniform in the yield back the balance of my time. how stressed and strained our National theater and to the mission. So it is im- The SPEAKER pro tempore. Without Guard has been. We know how upset portant for the Members of this body objection, the previous question is or- many Governors have been that the to cast their votes in favor of that dered on the motion to instruct. National Guard has been deployed out bridge fund, and perhaps that will show There was no objection. of States so the State is without their the right direction to the Appropria- The SPEAKER pro tempore. The own National Guard. And the worst tions Committee and to the Members question is on the motion to instruct. part of it is when they went to Iraq or of Congress who vote on the full appro- The question was taken; and the Afghanistan, and some are there for priations, because we need to have that Speaker pro tempore announced that the second and third time, they left bridge fund not only authorized but ap- the ayes appeared to have it. their equipment there. So the State propriated. Mr. HUNTER. Madam Speaker, on doesn’t even have equipment that the Finally, we do need to have that very that I demand the yeas and nays. State can use in the case of a flood or strong language committing ourselves The yeas and nays were ordered. fire or some other kind of an emer- to avoid a failed state in Iraq. And we The SPEAKER pro tempore. Pursu- gency. are winning. ant to clause 8 of rule XX, further pro- We have a lot of equipment that we Now let me go back to my good col- ceedings on this question will be post- have added; $17.4 billion for MRAPs, league Mr. SKELTON, who said we all poned. which is a plus-up from what the Presi- support the troops and we have mani- f dent requested. We have also added a fested that support in pay raises. And shipbuilding request that the President we have. We have manifested it in good MOTION TO CLOSE CONFERENCE didn’t ask for, which is a Virginia class medical care and a new Wounded War- COMMITTEE MEETINGS ON H.R. submarine, an LPD and a T-AKE, and rior bill to assist those in Walter Reed 1585, NATIONAL DEFENSE AU- eight C–17s that the Pentagon didn’t and Bethesda and in our medical facili- THORIZATION ACT FOR FISCAL ask for either, because we know that ties around the world. We have done YEAR 2008 we need global power projection. that. And we have manifested that in Mrs. TAUSCHER. Madam Speaker, This is a very important bill that is getting them the right equipment to pursuant to clause 12 of House Rule part of our congressional responsibility carry out their mission. XXII, I move that meetings of the con- to raise and support our troops, and I But there is something else we owe ference between the House and Senate am proud to say this is a strong bill the troops. We owe them the right to on H.R. 1585 may be closed to the pub- that supports our troops, restores mili- have victory, and they are achieving lic at such times as classified national tary readiness and improves account- victory. And we owe them the right to security information may be broached, ability to the American people. I ask have a successful mission, because provided that any sitting Member of for my colleagues’ support of it when nothing will be more fulfilling to them Congress shall be entitled to attend we bring it back from the conference. than to be victorious. And that means any meeting of the conference.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14170 CONGRESSIONAL RECORD — HOUSE December 5, 2007 The SPEAKER pro tempore. Pursu- Matsui Poe Skelton tion to instruct conferees on H.R. 1585 ant to clause 12 of rule XXII, the mo- McCarthy (CA) Pomeroy Slaughter offered by the gentleman from Cali- McCarthy (NY) Porter Smith (NJ) tion is not debatable, and the yeas and McCaul (TX) Price (GA) Smith (TX) fornia (Mr. HUNTER) on which the yeas nays are ordered. McCollum (MN) Price (NC) Smith (WA) and nays were ordered. McCotter Pryce (OH) Snyder The Clerk will redesignate the mo- Pursuant to clause 8 of rule XX, this McCrery Putnam Solis tion. 15-minute vote on the motion to permit McDermott Radanovich Souder conference meetings to be closed will McGovern Rahall Space The Clerk redesignated the motion. be followed by 5-minute votes on the McHenry Ramstad Stearns The SPEAKER pro tempore. The McHugh Rangel Stupak motion to instruct on H.R. 1585; sus- McIntyre Regula question is on the motion to instruct. Sullivan This will be a 5-minute vote. pension of the rules on H. Con. Res. 147; McKeon Rehberg Sutton and suspension of the rules on H.R. 236. McMorris Reichert Tanner The vote was taken by electronic de- The vote was taken by electronic de- Rodgers Renzi Tauscher vice, and there were—yeas 328, nays 83, McNerney Reyes Taylor vice, and there were—yeas 405, nays 6, McNulty Reynolds not voting 20, as follows: Terry Meek (FL) Richardson not voting 20, as follows: Thompson (CA) [Roll No. 1128] Meeks (NY) Rodriguez Thompson (MS) [Roll No. 1127] Melancon Rogers (AL) YEAS—328 Thornberry Mica Rogers (KY) Ackerman Davis (CA) Jones (NC) YEAS—405 Tiahrt Michaud Rogers (MI) Aderholt Davis (KY) Jordan Tiberi Abercrombie Costa Hastings (WA) Miller (FL) Rohrabacher Akin Davis, David Kagen Tierney Ackerman Costello Hayes Miller (MI) Ros-Lehtinen Alexander Davis, Lincoln Keller Towns Aderholt Courtney Heller Miller (NC) Roskam Altmire Davis, Tom Kennedy Tsongas Akin Cramer Hensarling Miller, George Ross Andrews Deal (GA) Kildee Turner Alexander Crenshaw Herger Mitchell Rothman Arcuri DeGette Kind Allen Crowley Herseth Sandlin Mollohan Roybal-Allard Udall (CO) Baca Dent King (IA) Altmire Cuellar Higgins Moore (KS) Royce Udall (NM) Bachmann Diaz-Balart, L. King (NY) Andrews Cummings Hinchey Moore (WI) Ruppersberger Upton Bachus Diaz-Balart, M. Kingston Arcuri Davis (AL) Hirono Moran (KS) Rush Van Hollen Baird Dicks Kirk ´ Baca Davis (CA) Hobson Moran (VA) Ryan (OH) Velazquez Baker Dingell Klein (FL) Bachmann Davis (IL) Hodes Murphy (CT) Ryan (WI) Visclosky Barrett (SC) Donnelly Kline (MN) Bachus Davis (KY) Hoekstra Murphy, Patrick Salazar Walberg Barrow Doolittle Knollenberg Baird Davis, David Holden Murphy, Tim Sali Walden (OR) Bartlett (MD) Dreier Kuhl (NY) Baker Davis, Lincoln Holt Murtha Sa´ nchez, Linda Walsh (NY) Barton (TX) Edwards LaHood Baldwin Davis, Tom Honda Musgrave T. Walz (MN) Bean Ehlers Lamborn Barrett (SC) Deal (GA) Hoyer Myrick Sanchez, Loretta Wamp Becerra Ellsworth Lampson Barrow DeGette Hulshof Nadler Sarbanes Wasserman Berkley Emanuel Langevin Bartlett (MD) Delahunt Hunter Napolitano Saxton Schultz Berman Emerson Lantos Barton (TX) Dent Inglis (SC) Neal (MA) Schakowsky Watson Berry Engel Larsen (WA) Bean Diaz-Balart, L. Inslee Neugebauer Schiff Watt Biggert English (PA) Latham Becerra Diaz-Balart, M. Israel Oberstar Schmidt Waxman Bilbray Etheridge LaTourette Berkley Dicks Issa Obey Schwartz Weiner Bilirakis Everett Levin Berman Dingell Jackson (IL) Olver Scott (GA) Welch (VT) Bishop (GA) Fallin Lewis (CA) Berry Doggett Jefferson Ortiz Scott (VA) Weldon (FL) Bishop (NY) Fattah Lewis (KY) Biggert Donnelly Johnson (GA) Pallone Sensenbrenner Weller Bishop (UT) Feeney Lipinski Bilbray Doolittle Johnson (IL) Pascrell Serrano Westmoreland Blunt Ferguson LoBiondo Bilirakis Doyle Johnson, E. B. Pastor Sessions Wexler Boehner Flake Lowey Bishop (GA) Drake Johnson, Sam Paul Sestak Whitfield Bonner Forbes Lucas Bishop (NY) Dreier Jones (NC) Payne Shadegg Wicker Bono Fortenberry Lungren, Daniel Bishop (UT) Duncan Jones (OH) Pearce Shays Wilson (NM) Boozman Fossella E. Blackburn Edwards Jordan Pence Shea-Porter Wilson (OH) Boren Foxx Mack Blumenauer Ehlers Kagen Perlmutter Sherman Wilson (SC) Boswell Franks (AZ) Mahoney (FL) Blunt Ellison Kanjorski Peterson (PA) Shimkus Wolf Boucher Frelinghuysen Maloney (NY) Boehner Ellsworth Kaptur Petri Shuler Wu Boustany Gallegly Manzullo Bonner Emanuel Keller Pickering Shuster Wynn Boyd (FL) Garrett (NJ) Marchant Bono Emerson Kennedy Pitts Simpson Yarmuth Boyda (KS) Gerlach Marshall Boozman Engel Kildee Platts Sires Young (FL) Brady (PA) Giffords Matheson Boren English (PA) Kilpatrick Brady (TX) Gilchrest McCarthy (CA) Boswell Eshoo Kind NAYS—6 Braley (IA) Gillibrand McCarthy (NY) Boucher Etheridge King (IA) DeFazio Lee Waters Broun (GA) Gingrey McCaul (TX) Boustany Everett King (NY) Kucinich Stark Woolsey Brown (SC) Gohmert McCollum (MN) Boyda (KS) Fallin Kingston Brown-Waite, Gonzalez McCotter Brady (PA) Farr Kirk NOT VOTING—20 Ginny Goode McCrery Braley (IA) Fattah Klein (FL) Boyd (FL) DeLauro Miller, Gary Buchanan Goodlatte McHenry Broun (GA) Feeney Kline (MN) Brady (TX) Hill Nunes Burgess Gordon McHugh Brown (SC) Ferguson Knollenberg Brown, Corrine Hinojosa Peterson (MN) Burton (IN) Granger McIntyre Brown-Waite, Filner Kuhl (NY) Campbell (CA) Hooley Smith (NE) Buyer Graves McKeon Ginny Flake LaHood Carson Jackson-Lee Spratt Calvert Green, Al McMorris Buchanan Forbes Lamborn Cubin (TX) Tancredo Camp (MI) Green, Gene Rodgers Burgess Fortenberry Lampson Culberson Jindal Young (AK) Campbell (CA) Grijalva McNerney Burton (IN) Fossella Langevin Cannon Gutierrez McNulty Butterfield Foxx Lantos ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cantor Hall (NY) Meek (FL) Buyer Frank (MA) Larsen (WA) The SPEAKER pro tempore (during Capito Hall (TX) Meeks (NY) Calvert Franks (AZ) Larson (CT) the vote). Members are advised there Capps Hare Melancon Camp (MI) Frelinghuysen Latham Cardoza Harman Mica Cannon Gallegly LaTourette are 2 minutes remaining in this vote. Carnahan Hastings (FL) Miller (FL) Cantor Garrett (NJ) Levin b 1202 Carney Hastings (WA) Miller (MI) Capito Gerlach Lewis (CA) Carter Hayes Miller (NC) Capps Giffords Lewis (GA) Mr. ELLISON and Ms. MOORE of Castle Heller Mitchell Capuano Gilchrest Lewis (KY) Wisconsin changed their vote from Castor Hensarling Mollohan Cardoza Gillibrand Linder Chabot Herger Moore (KS) Carnahan Gingrey Lipinski ‘‘nay’’ to ‘‘yea.’’ Chandler Herseth Sandlin Moran (KS) Carney Gohmert LoBiondo So the motion was agreed to. Clay Higgins Murphy (CT) Carter Gonzalez Loebsack The result of the vote was announced Cleaver Hill Murphy, Patrick Castle Goode Lofgren, Zoe as above recorded. Clyburn Hobson Murphy, Tim Castor Goodlatte Lowey A motion to reconsider was laid on Coble Hodes Musgrave Chabot Gordon Lucas Cole (OK) Hoekstra Napolitano Chandler Granger Lungren, Daniel the table. Conaway Holden Neugebauer Clarke Graves E. f Cooper Hoyer Oberstar Clay Green, Al Lynch Costa Hulshof Ortiz Cleaver Green, Gene Mack MOTION TO INSTRUCT CONFEREES Courtney Hunter Pascrell Clyburn Grijalva Mahoney (FL) ON H.R. 1585, NATIONAL DEFENSE Cramer Inglis (SC) Pearce Coble Gutierrez Maloney (NY) AUTHORIZATION ACT FOR FIS- Crenshaw Israel Pence Cohen Hall (NY) Manzullo Cuellar Issa Perlmutter Cole (OK) Hall (TX) Marchant CAL YEAR 2008 Culberson Jefferson Peterson (MN) Conaway Hare Markey The SPEAKER pro tempore. The un- Cummings Johnson (IL) Peterson (PA) Conyers Harman Marshall Davis (AL) Johnson, Sam Petri Cooper Hastings (FL) Matheson finished business is the vote on the mo-

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14171 Pickering Rush Sullivan RECOGNIZING 200 YEARS OF RE- Klein (FL) Musgrave Sestak Pitts Ryan (WI) Tanner SEARCH, SERVICE, AND STEW- Kline (MN) Myrick Shadegg Platts Salazar Tauscher Knollenberg Nadler Shays Poe Sali Taylor ARDSHIP BY NOAA AND ITS Kucinich Napolitano Shea-Porter Pomeroy Sarbanes Terry PREDECESSOR AGENCIES Kuhl (NY) Neal (MA) Sherman Porter Schiff Thornberry LaHood Neugebauer Shimkus Price (GA) Schmidt Tiahrt The SPEAKER pro tempore. The un- Lamborn Oberstar Shuler Price (NC) Schwartz Tiberi finished business is the vote on the mo- Lampson Obey Shuster Pryce (OH) Scott (GA) Towns tion to suspend the rules and agree to Langevin Olver Simpson Putnam Sensenbrenner Tsongas Lantos Ortiz Sires Radanovich Serrano the concurrent resolution, H. Con. Res. Turner Larsen (WA) Pallone Skelton Rahall Sessions Larson (CT) Pascrell Udall (CO) 147, on which the yeas and nays were Slaughter Ramstad Sestak Latham Pastor Upton ordered. Smith (NJ) Rangel Shadegg LaTourette Paul Van Hollen Smith (TX) Regula Shays The Clerk read the title of the con- Lee Payne Walberg Smith (WA) Rehberg Shea-Porter current resolution. Levin Pearce Snyder Reichert Shimkus Walden (OR) Lewis (CA) Pence Walsh (NY) The SPEAKER pro tempore. The Solis Renzi Shuler Lewis (GA) Perlmutter Souder Reyes Shuster Walz (MN) question is on the motion offered by Lewis (KY) Peterson (MN) Wamp Space Reynolds Simpson the gentlewoman from Guam (Ms. Linder Peterson (PA) Spratt Richardson Sires Wasserman Lipinski Petri Schultz BORDALLO) that the House suspend the Stark Rodriguez Skelton LoBiondo Pickering Stearns Weldon (FL) rules and agree to the concurrent reso- Rogers (AL) Smith (NJ) Loebsack Pitts Stupak Weller Rogers (KY) Smith (TX) lution, H. Con. Res. 147. Lofgren, Zoe Platts Sullivan Westmoreland Rogers (MI) Smith (WA) This will be a 5-minute vote. Lowey Poe Sutton Whitfield Rohrabacher Snyder Lucas Pomeroy Tanner Wicker The vote was taken by electronic de- Ros-Lehtinen Solis Lungren, Daniel Porter Tauscher Wilson (NM) Roskam Souder vice, and there were—yeas 414, nays 0, E. Price (GA) Taylor Wilson (OH) Ross Space not voting 17, as follows: Lynch Price (NC) Terry Wilson (SC) Roybal-Allard Spratt Mack Pryce (OH) Thompson (CA) Royce Stearns Wolf [Roll No. 1129] Mahoney (FL) Putnam Thompson (MS) Ruppersberger Stupak Young (FL) Maloney (NY) Radanovich YEAS—414 Thornberry Manzullo Rahall Tiahrt NAYS—83 Abercrombie Chandler Frelinghuysen Marchant Ramstad Tiberi Abercrombie Johnson (GA) Payne Ackerman Clarke Gallegly Markey Rangel Tierney Allen Johnson, E. B. Rothman Aderholt Clay Garrett (NJ) Marshall Regula Towns Baldwin Jones (OH) Ryan (OH) Akin Cleaver Gerlach Matheson Rehberg Tsongas Blumenauer Kanjorski Sa´ nchez, Linda Alexander Clyburn Giffords Matsui Reichert Turner Butterfield Kaptur T. Allen Coble Gilchrest McCarthy (CA) Renzi Udall (CO) Capuano Kilpatrick Sanchez, Loretta Altmire Cohen Gillibrand McCarthy (NY) Reyes Udall (NM) Clarke Kucinich Schakowsky Andrews Cole (OK) Gingrey McCaul (TX) Reynolds Upton Cohen Larson (CT) Scott (VA) Arcuri Conaway Gohmert McCollum (MN) Richardson Van Hollen Conyers Lee Sherman Baca Conyers Gonzalez McCotter Rodriguez ´ Costello Lewis (GA) Slaughter Bachmann Cooper Goode McCrery Rogers (AL) Velazquez Crowley Loebsack Stark Bachus Costa Goodlatte McDermott Rogers (KY) Visclosky Davis (IL) Lofgren, Zoe Sutton Baird Costello Gordon McGovern Rogers (MI) Walberg DeFazio Lynch Thompson (CA) Baker Courtney Granger McHenry Rohrabacher Walden (OR) Delahunt Markey Thompson (MS) Baldwin Cramer Graves McHugh Ros-Lehtinen Walsh (NY) Doggett Matsui Tierney Barrett (SC) Crenshaw Green, Al McIntyre Roskam Walz (MN) Doyle McDermott Vela´ zquez Barrow Crowley Green, Gene McKeon Ross Wamp Duncan McGovern Visclosky Bartlett (MD) Cuellar Grijalva McMorris Rothman Wasserman Ellison Michaud Waters Barton (TX) Culberson Gutierrez Rodgers Roybal-Allard Schultz Eshoo Miller, George Watson Bean Cummings Hall (NY) McNerney Royce Waters Farr Moore (WI) Watt Becerra Davis (AL) Hall (TX) McNulty Ruppersberger Watson Filner Moran (VA) Waxman Berkley Davis (CA) Hare Meek (FL) Rush Watt Frank (MA) Murtha Weiner Berman Davis (IL) Harman Meeks (NY) Ryan (OH) Waxman Hinchey Nadler Welch (VT) Berry Davis (KY) Hastings (FL) Melancon Ryan (WI) Weiner Hirono Neal (MA) Wexler Biggert Davis, David Hastings (WA) Mica Salazar Welch (VT) Holt Olver Woolsey Bilbray Davis, Lincoln Hayes Michaud Sali Weldon (FL) Honda Pallone Wu Bilirakis Davis, Tom Heller Miller (FL) Sa´ nchez, Linda Weller Inslee Pastor Wynn Bishop (GA) Deal (GA) Hensarling Miller (MI) T. Westmoreland Jackson (IL) Paul Yarmuth Bishop (NY) DeFazio Herger Miller (NC) Sanchez, Loretta Wexler Bishop (UT) DeGette Herseth Sandlin Miller, George Sarbanes Whitfield NOT VOTING—20 Blumenauer Delahunt Higgins Mitchell Saxton Wicker Blackburn Hooley Nunes Blunt Dent Hill Mollohan Schakowsky Wilson (NM) Brown, Corrine Jackson-Lee Obey Boehner Diaz-Balart, L. Hinchey Moore (KS) Schiff Wilson (OH) Carson (TX) Saxton Bonner Diaz-Balart, M. Hirono Moore (WI) Schmidt Wilson (SC) Cubin Jindal Smith (NE) Bono Dicks Hobson Moran (KS) Schwartz Wolf DeLauro Linder Tancredo Boozman Dingell Hodes Moran (VA) Scott (GA) Woolsey Drake Miller, Gary Udall (NM) Boren Doggett Hoekstra Murphy (CT) Scott (VA) Wu Hinojosa Myrick Young (AK) Boswell Donnelly Holden Murphy, Patrick Sensenbrenner Wynn Boucher Doolittle Holt Murphy, Tim Serrano Yarmuth ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boustany Doyle Honda Murtha Sessions Young (FL) The SPEAKER pro tempore (during Boyd (FL) Drake Hoyer Boyda (KS) Dreier Hulshof NOT VOTING—17 the vote). Members are advised there Brady (PA) Duncan Inglis (SC) Blackburn DeLauro Jindal are 2 minutes remaining on this vote. Brady (TX) Edwards Inslee Brown, Corrine Hinojosa Miller, Gary Braley (IA) Ehlers Israel Buyer Hooley Nunes b 1209 Broun (GA) Ellison Issa Carson Hunter Smith (NE) Brown (SC) Ellsworth Jackson (IL) Mr. WELCH of Vermont changed his Carter Jackson-Lee Tancredo Brown-Waite, Emanuel Jefferson vote from ‘‘yea’’ to ‘‘nay.’’ Cubin (TX) Young (AK) So the motion to instruct was agreed Ginny Emerson Johnson (GA) Buchanan Engel Johnson (IL) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE to. Burgess English (PA) Johnson, E. B. The result of the vote was announced Burton (IN) Eshoo Johnson, Sam The SPEAKER pro tempore (during as above recorded. Butterfield Etheridge Jones (NC) the vote). Members are advised there Calvert Everett Jones (OH) are 2 minutes remaining in this vote. A motion to reconsider was laid on Camp (MI) Fallin Jordan the table. Campbell (CA) Farr Kagen Stated for: Cannon Fattah Kanjorski b 1216 Mrs. DRAKE. Madam Speaker, on rollcall Cantor Feeney Kaptur No. 1128, I was meeting with constituents. Capito Ferguson Keller So (two-thirds being in the affirma- Capps Filner Kennedy tive) the rules were suspended and the Had I been present, I would have boted ‘‘yea.’’ Capuano Flake Kildee Mrs. MYRICK. Madam Speaker, on rollcall Cardoza Forbes Kilpatrick concurrent resolution was agreed to. No. 1128, I was unavoidably detained. Had I Carnahan Fortenberry Kind The result of the vote was announced Carney Fossella King (IA) as above recorded. been present, I would have voted ‘‘yea.’’ Castle Foxx King (NY) The SPEAKER pro tempore. Con- Castor Frank (MA) Kingston A motion to reconsider was laid on ferees will be appointed later. Chabot Franks (AZ) Kirk the table.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14172 CONGRESSIONAL RECORD — HOUSE December 5, 2007 NORTH BAY WATER REUSE McIntyre Radanovich Snyder A motion to reconsider was laid on McKeon Rahall Solis PROGRAM ACT OF 2007 McMorris Ramstad Souder the table. The SPEAKER pro tempore (Ms. Rodgers Rangel Space f McNerney Regula Spratt DEGETTE). The unfinished business is McNulty Rehberg Stark ANNOUNCEMENT BY THE SPEAKER the vote on the motion to suspend the Meek (FL) Reichert Stupak PRO TEMPORE rules and pass the bill, H.R. 236, as Meeks (NY) Renzi Sullivan The SPEAKER pro tempore (Mr. amended, on which the yeas and nays Melancon Reyes Sutton Mica Reynolds Tanner SALAZAR). Pursuant to clause 8 of rule were ordered. Michaud Richardson Tauscher XX, the Chair will postpone further The Clerk read the title of the bill. Miller (MI) Rodriguez Taylor Miller (NC) Rogers (KY) Terry proceedings today on motions to sus- The SPEAKER pro tempore. The Miller, George Rogers (MI) Thompson (CA) pend the rules on which a recorded vote question is on the motion offered by Mitchell Rohrabacher Thompson (MS) or the yeas and nays are ordered, or on the gentlewoman from California (Mrs. Mollohan Ros-Lehtinen Thornberry which the vote is objected to under NAPOLITANO) that the House suspend Moore (KS) Roskam Tiberi Moore (WI) Ross Tierney clause 6 of rule XX. the rules and pass the bill, H.R. 236, as Moran (KS) Rothman Towns Record votes on postponed questions amended. Moran (VA) Roybal-Allard Tsongas will be taken later today. This will be a 5-minute vote. Murphy (CT) Royce Turner Murphy, Patrick Ruppersberger Udall (CO) f The vote was taken by electronic de- Murphy, Tim Rush Udall (NM) vice, and there were—yeas 358, nays 55, Murtha Ryan (OH) Upton INCLUDING ALL BANKING AGEN- not voting 18, as follows: Musgrave Ryan (WI) Van Hollen CIES WITHIN THE EXISTING REG- Myrick Salazar Vela´ zquez ULATORY AUTHORITY UNDER [Roll No. 1130] Nadler Sa´ nchez, Linda Visclosky THE FEDERAL TRADE COMMIS- YEAS—358 Napolitano T. Walberg Neal (MA) Sanchez, Loretta Walden (OR) SION ACT Abercrombie Courtney Hobson Neugebauer Sarbanes Walsh (NY) Mr. FRANK of Massachusetts. Mr. Ackerman Cramer Hodes Oberstar Saxton Walz (MN) Aderholt Crenshaw Hoekstra Obey Schakowsky Wasserman Speaker, I move to suspend the rules Alexander Crowley Holden Olver Schiff Schultz and pass the bill (H.R. 3526) to include Allen Cuellar Holt Ortiz Schmidt Waters all banking agencies within the exist- Altmire Cummings Honda Pallone Schwartz Watson Andrews Davis (AL) Hoyer Pascrell Scott (GA) Watt ing regulatory authority under the Arcuri Davis (CA) Hulshof Pastor Scott (VA) Waxman Federal Trade Commission Act with re- Baca Davis (IL) Hunter Payne Serrano Weiner spect to depository institutions, and Bachmann Davis (KY) Inslee Perlmutter Sestak Welch (VT) for other purposes, as amended. Baird Davis, Lincoln Israel Peterson (MN) Shays Weller Baker Davis, Tom Issa Peterson (PA) Shea-Porter Wexler The Clerk read the title of the bill. Baldwin DeFazio Jackson (IL) Petri Sherman Whitfield The text of the bill is as follows: Barrow DeGette Jefferson Pickering Shuler Wicker H.R. 3526 Barton (TX) Delahunt Johnson (GA) Pitts Shuster Wilson (NM) Bean Dent Johnson (IL) Platts Sires Wilson (OH) Be it enacted by the Senate and House of Rep- Becerra Diaz-Balart, L. Johnson, E. B. Pomeroy Skelton Wolf resentatives of the United States of America in Berkley Diaz-Balart, M. Johnson, Sam Porter Slaughter Woolsey Congress assembled, Berman Dicks Kagen Price (NC) Smith (NJ) Wu Berry Dingell Kanjorski SECTION 1. INCLUSION OF ALL BANKING AGEN- Pryce (OH) Smith (TX) Wynn CIES. Biggert Doggett Kaptur Putnam Smith (WA) Yarmuth Bilbray Donnelly Kennedy (a) IN GENERAL.—The second sentence of Bilirakis Doyle Kildee NAYS—55 section 18(f)(1) of the Federal Trade Commis- Bishop (GA) Drake Kilpatrick Akin Fossella Pearce sion Act (15 U.S.C. 57a(f)(1)) is amended— Bishop (NY) Dreier Kind Bachus Franks (AZ) Pence (1) by striking ‘‘The Board of Governors of Blumenauer Edwards King (NY) Barrett (SC) Garrett (NJ) Poe the Federal Reserve System (with respect to Blunt Ehlers Kirk Bartlett (MD) Gingrey Price (GA) banks) and the Federal Home Loan Bank Bonner Ellsworth Klein (FL) Bishop (UT) Gohmert Bono Emanuel Kline (MN) Sali Board (with respect to savings and loan in- Boehner Goode Sensenbrenner stitutions described in paragraph (3))’’ and Boozman Emerson Knollenberg Broun (GA) Hall (TX) Boren Engel Kucinich Sessions inserting ‘‘Each Federal banking agency Burton (IN) Hensarling Shadegg Boswell Eshoo Kuhl (NY) Cantor Inglis (SC) (with respect to the depository institutions Shimkus Boucher Etheridge LaHood Coble Jones (NC) each such agency supervises)’’; and Simpson Boustany Fallin Lampson Conaway Jordan (2) by inserting ‘‘in consultation with the Stearns Boyd (FL) Farr Langevin Culberson King (IA) Boyda (KS) Fattah Lantos Tiahrt Commission’’ after ‘‘shall prescribe regula- Davis, David Kingston tions’’. Brady (PA) Feeney Larsen (WA) Deal (GA) Lamborn Wamp (b) FTC CONCURRENT RULEMAKING.—Sec- Brady (TX) Ferguson Larson (CT) Doolittle Manzullo Weldon (FL) Braley (IA) Filner Latham Duncan Marchant Westmoreland tion 18(f)(1) of such Act is further amended Brown (SC) Forbes LaTourette English (PA) McHenry Wilson (SC) by inserting after the second sentence the Brown-Waite, Fortenberry Lee Everett Miller (FL) Young (FL) following: ‘‘Such regulations shall be pre- Ginny Foxx Levin Flake Paul scribed jointly by such agencies to the ex- Buchanan Frank (MA) Lewis (CA) tent practicable. Notwithstanding any other Burgess Frelinghuysen Lewis (GA) NOT VOTING—18 Butterfield Gallegly Lewis (KY) provision of this section, whenever such Blackburn Hooley Nunes Buyer Gerlach Linder agencies commence such a rulemaking pro- Brown, Corrine Jackson-Lee Calvert Giffords Lipinski Rogers (AL) ceeding, the Commission, with respect to the Carson (TX) Camp (MI) Gilchrest LoBiondo Smith (NE) Cubin Jindal entities within its jurisdiction under this Campbell (CA) Gillibrand Loebsack Tancredo DeLauro Jones (OH) Act, may commence a rulemaking pro- Cannon Gonzalez Lofgren, Zoe Young (AK) Ellison Keller ceeding and prescribe regulations in accord- Capito Goodlatte Lowey Hinojosa Miller, Gary Capps Gordon Lucas ance with section 553 of title 5, United States Code. If the Commission commences such a Capuano Granger Lungren, Daniel ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cardoza Graves E. rulemaking proceeding, the Commission, the Carnahan Green, Al Lynch The SPEAKER pro tempore (during Federal banking agencies, and the National Carney Green, Gene Mack the vote). Members are advised there Credit Union Administration Board shall Carter Grijalva Mahoney (FL) are 2 minutes remaining in this vote. consult and coordinate with each other so Castle Gutierrez Maloney (NY) that the regulations prescribed by each such Castor Hall (NY) Markey b 1223 Chabot Hare Marshall agency are consistent with and comparable Chandler Harman Matheson Mr. INGLIS of South Carolina to the regulations prescribed by each other Clarke Hastings (FL) Matsui changed his vote from ‘‘yea’’ to ‘‘nay.’’ such agency to the extent practicable.’’. Clay Hastings (WA) McCarthy (CA) Mr. ROHRABACHER changed his (c) GAO STUDY AND REPORT.—Not later Cleaver Hayes McCarthy (NY) than 18 months after the date of enactment Clyburn Heller McCaul (TX) vote from ‘‘nay’’ to ‘‘yea.’’ So (two-thirds being in the affirma- of this Act, the Comptroller General shall Cohen Herger McCollum (MN) transmit to Congress a report on the status Cole (OK) Herseth Sandlin McCotter tive) the rules were suspended and the of regulations of the Federal banking agen- Conyers Higgins McCrery bill, as amended, was passed. Cooper Hill McDermott cies and the National Credit Union Adminis- Costa Hinchey McGovern The result of the vote was announced tration regarding unfair and deceptive acts Costello Hirono McHugh as above recorded. or practices by the depository institutions.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14173 (d) TECHNICAL AND CONFORMING AMEND- charge of, among other things, con- refused to use to promulgate a code of MENTS.—Section 18(f) of the Federal Trade sumer protection. And here’s how it unfair and deceptive practices and give Commission Act (15 U.S.C. 57a(f)) is amend- played out. it, instead, over to the Comptroller of ed— The Comptroller of the Currency and the Currency and the FDIC, either (1) in the first sentence of paragraph (1)— the Director of the Office of Thrift Su- (A) by striking ‘‘banks or savings and loan jointly or concurrently, and it comes institutions described in paragraph (3), each pervision a few years ago promulgated with their support. agency specified in paragraph (2) or (3) of very strict rules preempting State this subsection shall establish’’ and inserting rules and State laws and regulations b 1230 ‘‘depository institutions and Federal credit regarding the activities of national unions, the Federal banking agencies and the banks. As a result of that ruling, which The Fed said they didn’t like it, but National Credit Union Administration Board was challenged but upheld by the they weren’t using the power. The shall each establish’’; and courts, States have virtually no au- Comptroller of the Currency, he is, (B) by striking ‘‘banks or savings and loan thority over the banking practices of after all, a defender of this preemption. institutions described in paragraph (3), sub- He has maintained the preemption. ject to its jurisdiction’’ before the period and national banks. Only the national bank inserting ‘‘depository institutions or Federal regulators may regulate. This is not an effort to undo the pre- credit unions subject to the jurisdiction of The problem is that there were, in emption. He acknowledges that in pre- such agency or Board’’ many, many States, most of the States siding over this national set of rules, it (2) in the sixth sentence of paragraph (1) from which we here come, consumer would be helpful to him to have this (as amended by subsection (b))— protection laws which were invalidated code of unfairness and deceptive prac- (A) by striking ‘‘each such Board’’ and in- by that. In fact, the preemption said tice, and what the code does is give serting ‘‘each such banking agency and the even when there were rules of general some notice to the banks as to what National Credit Union Administration are prohibited practices and what Board’’; application that were covering the (B) by striking ‘‘banks or savings and loan banks, the ability of the States to en- aren’t. So this bill does nothing in institutions described in paragraph (3)’’ each force them was limited. They had to go terms of substantive promulgation of place such term appears and inserting ‘‘de- through the Federal regulators. So we the code, but it gives to the active pository institutions subject to the jurisdic- then went to the Federal regulators, agencies, the Comptroller of the Cur- tion of such agency’’; but many of us were opposed to that. rency, who promulgated the preemp- (C) by striking ‘‘(A) any such Board’’ and We were critical. And on a bipartisan tion, and the FDIC, the ability to put inserting ‘‘(A) any such Federal banking basis there was criticism of it on the into effect what we think should have agency or the National Credit Union Admin- been put into effect before. It comes istration Board’’; and Financial Services Committee. Our (D) by striking ‘‘with respect to banks, former colleague, the gentlewoman with the support of those agencies, and savings and loan institutions’’ and inserting from New York, Mrs. Kelly, who was I think that if we get this done, they ‘‘with respect to depository institutions’’; chairman of the Oversight Committee, will proceed to do it. (3) by adding at the end of paragraph (1) was a very strong critic of what she be- I should note that the Office of Thrift the following new sentence: ‘‘For purposes of lieved to be excessive overregulation. Supervision, which already has the au- this subsection, the terms ‘Federal banking But that has been upheld, and there is thority to promulgate such a code, is agency’ and ‘depository institution’ have the no realistic chance of undoing it. in the process of doing so. No legisla- same meaning as in section 3 of the Federal So the second best for us was to have Deposit Insurance Act.’’; tion is needed. But they have put out a (4) in paragraph (2)(C), by inserting ‘‘than’’ the Federal bank regulators able to proposed rule in that regard. We have, after ‘‘(other’’; provide the consumer protections that many of us, encouraged them to go for- (5) in paragraph (3), by inserting ‘‘by the were lost when the State rules were in- ward with it. And as a result of what Director of the Office of Thrift Supervision’’ validated. I spoke with the Comptroller OTS is doing under its authority and before the period at the end; of the Currency, and his response was, what this bill would give the Comp- (6) in paragraph (4), by inserting ‘‘by the Well, here’s the problem. Under the troller of the Currency and the FDIC National Credit Union Administration’’ be- Federal Trade Act, the Federal Reserve by early next year, we should have in fore the period at the end; and has the right to promulgate the code of (7) in paragraph (6), by striking ‘‘the Board place rules that will tell people what of Governors of the Federal Reserve System’’ unfair deceptive practices. He indi- are unfair and deceptive practices. And and inserting ‘‘any Federal banking agency cated to me that he would like to do as I said, I would have preferred that or the National Credit Union Administration that, in fact, two Comptrollers said we the preemption would not have been so Board’’. would like to do this, but we don’t have far reaching, but it’s a fact of life. This The SPEAKER pro tempore. Pursu- the authority to promulgate the rules. will then empower the Federal bank ant to the rule, the gentleman from The Office of Thrift Supervision, which regulators fully to be available to pro- Massachusetts (Mr. FRANK) and the preempted, interestingly, does have the vide consumer protection when it’s ap- gentlewoman from West Virginia (Mrs. authority to promulgate the rules. propriate in lieu of the State laws that CAPITO) each will control 20 minutes. Now, what motivated our colleagues were cancelled. The Chair recognizes the gentleman of an earlier era to give the Federal Re- Mr. Speaker, I reserve the balance of from Massachusetts. serve the right to make the rules for my time. Mr. FRANK of Massachusetts. Mr. the Comptroller of the Currency and to Mrs. CAPITO. Mr. Speaker, I yield Speaker, this is a bill that was broadly give the Office of Thrift Supervision myself such time as I may consume. supported in our committee that we be- the right to make the rules only for lieve will enhance the ability of the themselves? I do not know. I can’t I rise in support of the bill, H.R. 3526, Federal bank authorities to provide speculate. Based on most recent experi- a bill that is intended to provide finan- consumer protection. It’s a little bit of ence, it was probably the Senate’s cial consumers with additional regu- a complicated story. fault, because almost everything that latory protections against unfair and Congress passed an amendment to goes wrong these days is. But I don’t deceptive trade policies. This measure, the Federal Trade Act that gave the know that for sure. On the other hand, which the Financial Services Com- Federal Reserve System the right to it’s our job to try to correct it. mittee approved by voice vote, expands promulgate rules which defined what What this bill does is to say to two of the range of financial regulators, as were unfair or deceptive practices en- the Federal bank agencies, the Office the chairman has just explained, with gaged in by banks. The Federal Reserve of the Comptroller of the Currency and the authority to promulgate regula- has, for many years, declined to exer- the Federal Deposit Insurance Corpora- tions that identify and restrict such cise that authority. tion, which the Federal Deposit Insur- practices under the Federal Trade The issue was first brought to my at- ance Corporation through its deposi- Commission Act. tention when I was ranking member of tory institutions has some authority Today only the Board of Governors of the committee by a very distinguished over both national and State banks the Federal Reserve, the Office of public official who, sadly, died earlier since it insures the deposits in both, we Thrift Supervision, and the National this year, Ned Gramlich, who was the take away in this bill from the Federal Credit Union Administration have this Federal Reserve Board Governor in Reserve System the power they have authority. This bill expands that list to

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14174 CONGRESSIONAL RECORD — HOUSE December 5, 2007 include the other Federal banking reg- ‘‘(c) REPORTS.—The Secretary of the Treas- Tommy Brooks, Treasurer, Executive Vice ulators, namely the FDIC and the Of- ury, the Chairman of the Board of Governors President & CFO, Unity National Bank, fice of the Comptroller of the Cur- of the Federal Reserve System, the Comp- Houston, TX. rency. troller of the Currency, the Director of the Cynthia Day, Secretary, Chief Financial Office of Thrift Supervision, and the Chair- Officer, Citizens Trust Bank, Atlanta, GA. The legislation also mandates that person of the Federal Deposit Insurance Cor- Norma Alexander Hart, President, NBA, regulations promulgated under the rel- poration shall each submit an annual report Washington, DC. evant section of the FTC Act be pre- to the Congress containing a description of Mark Ronan, Corporate Advisory Board scribed ‘‘jointly by such agencies to actions taken to carry out this section.’’. Chairman, Director of Banking Relations, the extent practicable,’’ in consulta- (c) TECHNICAL AND CONFORMING AMEND- American Express Company, NY. tion with the FTC. And it requires the MENT.—Effective upon the enactment of sub- Sidney King, Regional Vice Chairman, GAO to report on the status of the reg- section (b), section 3(g)(2) of the Home Own- President & CEO, Commonwealth National ers’ Loan Act (12 U.S.C. 1462a(g)(2)) is amend- Bank, Mobile, AL. ulations of the Federal banking agen- ed to read as follows: Stanley Weekes, Regional Vice Chairman, cies and the NCUA regarding unfair ‘‘(2) [Repealed].’’. Executive Vice President & CCO, City Na- and deceptive acts. The SPEAKER pro tempore. Pursu- tional Bank of New Jersey. Arlene Williams, Regional Vice Chairman, In testimony before our committee ant to the rule, the gentleman from earlier this year, the Comptroller of Senior Vice President, Seaway National North Carolina (Mr. WATT) and the Bank, Chicago, IL. the Currency and the Chair of the FDIC gentlewoman from West Virginia (Mrs. recommended that the committee Steve Holt, Regional Vice Chairman, CAPITO) each will control 20 minutes. President and CEO, One World Bank, Dallas, make these changes, which also are The Chair recognizes the gentleman TX. supported by consumer advocates. This from North Carolina. Tony James, Associate-Affiliate President, bill merits our support, and I urge its GENERAL LEAVE Senior Vice President, ICBA Securities. adoption. Mr. WATT. Mr. Speaker, I ask unani- Deloris Sims, Board Member, President & Mr. Speaker, I yield back the balance CEO, Legacy Bank, Milwaukee, WI. mous consent that all Members may of my time. Nativido Lozano, III, Board Member, Vice have 5 legislative days within which to Mr. FRANK of Massachusetts. Mr. President, International Bank of Commerce, revise and extend their remarks on this Speaker, the good news is that I have Laredo, TX. legislation and to insert extraneous James Ballentine, Board Member, Direc- no further requests for time, and I materials thereon. tor, Grassroots Advocacy, American Bankers yield back the balance of my time. The SPEAKER pro tempore. Is there Association, Washington, DC. The SPEAKER pro tempore. The objection to the request of the gen- Viveca Ware, Board Member, Director, of Payments & Technology Policy, Independent question is on the motion offered by tleman from North Carolina? the gentleman from Massachusetts Community Bankers of America, Wash- There was no objection. ington, DC. (Mr. FRANK) that the House suspend Mr. WATT. Mr. Speaker, I yield my- the rules and pass the bill, H.R. 3526, as And, The following members from the 52 self such time as I may consume. membership of the National Bankers Asso- amended. I submit for the RECORD a letter ciation: The question was taken; and (two- dated November 1, 2007, from the Na- Broadway Federal Bank, Los Angeles, CA; thirds being in the affirmative) the tional Bankers Association in support Unity National Bank, Houston, TX; rules were suspended and the bill, as of this legislation. People’s Bank of Seneca, Seneca, MO; United Americas Bank, Atlanta, GA; amended, was passed. NATIONAL BANKERS ASSOCIATION, A motion to reconsider was laid on Seaway National Bank, Chicago, IL; Washington, DC, November 1, 2007. First State Bank, Danville, VA; the table. Hon. MELVIN WATT, Chairman, First Independence Bank, Detroit, MI; f Financial Institutions and Consumer Credit OneUnited Bank, Boston, MA; Oversight and Investigations, PRESERVING AND EXPANDING MI- Commonwealth National Bank, Mobile, House of Representatives, Washington, DC. AL; NORITY DEPOSITORY INSTITU- DEAR CHAIRMAN WATT: On behalf of the Na- OneWorld Bank, Dallas, TX; TIONS ACT tional Bankers Association (NBA) (the voice Citizens Trust Bank, Atlanta, GA; Mr. WATT. Mr. Speaker, I move to of minority banks since 1927), its board and Citizens Bank, Nashville, TN; membership, thank you for taking the time suspend the rules and pass the bill Mutual Community Savings Bank, Dur- to hold a hearing of the Subcommittee on ham, NC; (H.R. 4043) to amend the Financial In- Government Oversight and Investigations of Mechanic & Farmers, Durham, NC; stitutions Reform, Recovery, and En- the Committee on Financial Services on be- Saigon National Bank, Westminster, CA; forcement Act of 1989 to preserve and half of the nation’s women and minority- United Bank of Philadelphia, Philadelphia, expand minority depository institu- owned banks. We appreciate your continued PA; tions, and for other purposes, as support of our banks. We are especially Liberty Bank & Trust, New Orleans LA; amended. proud that the Financial Services Com- Industrial Bank, Washington, DC. The Clerk read the title of the bill. mittee staff invited the National Bankers Mr. Speaker, allow me to start today Association to participate in this important by expressing the collective condo- The text of the bill is as follows: hearing. We support your idea of a joint H.R. 4043 hearing with the Ways & Means Committee lences of the members of the Oversight Be it enacted by the Senate and House of Rep- on the CDFI and New Markets Tax Credits and Investigations Subcommittee of resentatives of the United States of America in Programs. the House Financial Services Com- Congress assembled, NBA supports the revision of the ‘‘Pre- mittee to our ranking member, Rep- SECTION 1. SHORT TITLE. serving and Expanding Minority Depository resentative GARY MILLER, following This Act may be cited as the ‘‘Preserving Institutions Act’’ H.R. 4043 to include the Of- the death of his daughter. Representa- fice of the Comptroller of the Currency and and Expanding Minority Depository Institu- tive MILLER was an original cosponsor tions Act’’. the Federal Reserve along with the Federal Deposit Insurance Corporation and the Office with me of the legislation we are con- SEC. 2. PRESERVING AND EXPANDING MINORITY of Thrift Supervision in the legislation. sidering, H.R. 4043, and he and his staff DEPOSITORY INSTITUTIONS. We also appreciate you taking the time out encouraged us to proceed with consid- (a) IN GENERAL.—Section 308(a) of the Fi- of your busy schedule every year to partici- eration of the bill today when we of- nancial Institutions Reform, Recovery, and pate in NBA’s Annual Legislative Summit. Enforcement Act of 1989 (12 U.S.C. 1463(a) fered to withdraw it from the calendar Your support has given NBA an elevated nt.) is amended— and wait until he returns to Congress level of attention by other congressional (1) by inserting ‘‘the Chairman of the following the sudden death of his members and bank regulators. Board of Governors of the Federal Reserve Again, many thanks. daughter. System, the Comptroller of the Currency’’ Respectfully submitted, I am deeply indebted to Representa- after ‘‘consult with’’; and The National Bankers Association Board of tive MILLER for the cordial manner in (2) by inserting a comma after ‘‘Thrift Su- Directors: which he has worked with me as the pervision’’. Floyd Weekes, Chairman, Executive Vice ranking member of our subcommittee, (b) REPORT.—Section 308 of the Financial President, Citizens Bank, Nashville, TN. Institutions Reform, Recovery, and Enforce- James E. Young, Past-Chairman, President for his support of H.R. 4043 to ensure ment Act of 1989 (12 U.S.C. 1463 nt.) is amend- & CEO, Citizens Trust Bank, Atlanta, GA. that this important legislation is con- ed by adding at the end the following new Robert P. Cooper, Chairman-Elect, Senior sidered in the bipartisan way it de- subsection: Counsel, OneUnited Bank, Boston, MA. serves, and for his encouragement to us

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14175 to proceed with consideration of this judge their effectiveness. Indeed, if the serve did not object to being covered by important bill so it will not be delayed. number and strength of minority finan- section 308 of FIRREA, and all four All of us wish Representative MILLER cial institutions since 1989 is a barom- regulators stated that they would also the very best as he and his family try eter, the efforts of the regulators ap- not object to the annual reporting re- to cope with a loss that we know is pear not to be having the positive re- quirement since most of them already devastating to him. Representative sults we desire. include minority bank information in MILLER’s absence under these cir- H.R. 4043 would, in effect, increase reports they currently submit to Con- cumstances casts a significant pall on the pressure on and transparency of gress. our consideration of this bill, but we the regulators’ efforts by requiring all At that same hearing, the sub- must proceed, and I am happy to do so of them, the Federal Deposit Insurance committee heard testimony that many with his approval. Corporation, the Federal Reserve, the of the regulators’ programs are under- Minority-owned banks and thrifts Office of the Comptroller of the Cur- utilized by the minority banks they are comprise about 2 percent of all banks, rency, and the Office of Thrift Super- designed to help. According to a report thrifts, and banking assets in the vision, to submit an annual report to issued by the Government Account- United States. Under section 308 of the Congress on their efforts to implement ability Office last year, most of the Financial Institutions Reform, Recov- the goals outlined in section 308 of banks that did participate found these ery and Enforcement Act, the Sec- FIRREA, the goals of preserving and programs very, very useful. Minority retary of the Treasury is required to supporting and promoting minority banks should be encouraged to use any consult with the Chair of the Board of businesses. and all the tools provided to them by Directors of the Federal Deposit Insur- At the subcommittee hearing, all the the Federal regulators. ance Corporation and the Director of regulators acknowledged that they I, too, join with my colleague Con- the Office of Thrift Supervision on could and should be doing more and in- gressman WATT in extending our deep methods to achieve the following five dicated that they do not object to a sympathy and great caring for our col- goals: statutory change to expand the goals league Congressman MILLER while he’s One, preserving existing minority of section 308 of FIRREA to their agen- going through the tragedy in his fam- banks; two, preserving the minority cies. In addition, witnesses from the ily. We miss him here, but his imprint character of these institutions in cases FDIC, the Federal Reserve, and the is being felt through this legislation involving mergers or acquisitions of OCC indicated that they do not object today, and we wish him God’s help in minority banks; three, providing tech- to being obligated to prepare and sub- dealing with this crisis. nical assistance to prevent the insol- mit to Congress an annual report de- b 1245 vency of existing minority institutions scribing their efforts to promote and that are not insolvent; four, promoting preserve minority depository institu- Mr. Speaker, I urge my colleagues to and encouraging the creation of new tions. H.R. 4043 requires this, and I en- join me in supporting this legislation, minority banks; and, five, providing for courage my colleagues to support the and I yield back the balance of my training, technical assistance, and edu- bill. time. cational programs to assist minority Mr. Speaker, I reserve the balance of Mr. WATT. Mr. Speaker, I have no banking institutions. my time. further requests for time. The requirement for consultation be- Mrs. CAPITO. Mr. Speaker, I yield Let me conclude, then, by just ex- tween the Secretary of the Treasury, myself such time as I may consume. pressing our sincere thanks to our col- the FDIC, and the OTS has been on the I rise in support of H.R. 4043, the Pre- leagues on the Republican side and to books since the passage of the Finan- serving and Expanding Minority Depos- all of the members of the staff for their cial Institutions Reform, Recovery and itory Institutions Act of 2007. This bi- work on this bill. We think it is a good Enforcement Act in 1989, and the Office partisan legislation, introduced by bill. It is a bipartisan effort to increase of Thrift Supervision has been required Chairman WATT and Ranking Member transparency and information to Con- to submit an annual report to Congress MILLER of the Financial Services Over- gress and to promote the expansion and describing actions taken to achieve sight and Investigations Subcommittee preservation of minority financial in- these five goals that help preserve and is intended to support our Nation’s mi- stitutions, all of which we think is expand minority banks. nority banks. The bill includes new re- good. I encourage my colleagues to On October 30, 2007, our Financial porting requirements which will help support the bill. Services Oversight and Investigations gauge the effectiveness of government Ms. JACKSON-LEE of Texas. Mr. Speaker, Subcommittee, which I am privileged programs that assist minority banks. I rise today in support of H.R. 4043, the ‘‘Pre- to chair, held a hearing about a report Like other community banks, minority serving and Expanding Minority Depository In- issued by the U.S. Government Ac- banks may confront unique challenges stitutions Act’’. Minority-owned financial institu- countability Office in October of 2006 because of their smaller size. tions are vitally important to the economic de- that reviewed Federal banking regu- Section 308 of FIRREA, the Financial velopment and revitalization of urban and mi- lators’ efforts to promote these five Institutions Reform, Recovery and En- nority communities. Businesses and residents goals. This report, entitled ‘‘Minority forcement Act of 1989, mandates that in these traditionally underserved communities Banks: Regulators Need To Better As- the FDIC in conjunction with the Of- rely on minority-owned financial institutions to sess Effectiveness of Support Efforts,’’ fice of Thrift Supervision work to pre- serve their banking and other financial serv- found that, despite recommendations serve existing minority banks, promote ices needs. They have always been there contained in a similar 1993 Government the creation of new minority banks, when we needed them—making homeowner- Accountability Office report, none of and provide technical assistance and ship a reality for many for whom homeowner- the Federal banking regulators have training. Although not required to do ship was elusive, providing capital for the routinely surveyed institutions within so, the Office of the Comptroller of the neighborhood grocery and barber shop, fi- their jurisdiction to assess the effec- Currency and the Federal Reserve also nancing housing rehabilitation, providing con- tiveness of the regulators’ support ef- provide assistance to minority banks. sumer credit counseling services, providing forts to minority banks nor have the H.R. 4043 will codify the advisory role jobs, and revitalizing communities. regulators systematically established of the OCC and the Federal Reserve by However, minority-owned financial institu- outcome-oriented performance meas- expanding section 308 of FIRREA to in- tions face many challenges. By and large ures to gauge the effectiveness or re- clude both of these agencies. Addition- much smaller than other banks, minority banks sults of the regulators’ efforts. In ally, the legislation directs all four have difficulty competing with larger institu- short, the efforts being taken by the banking regulators to report annually tions for deposits and other business. It is regulators to preserve and promote mi- to Congress on their efforts to pre- often difficult to diversify their geographical nority banks appeared modest, and serve, promote, and assist minority and credit risk exposures. They also face chal- whether the efforts are being effective banks. lenges associated with operating in economi- could not be ascertained. The regu- At an October 30 Oversight and Inves- cally depressed markets. lators were taking some steps, but tigations Subcommittee hearing on mi- Despite these challenges, minority-owned fi- there were no outcome measures to nority banks, the OCC and Federal Re- nancial institutions are committed to providing

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Study of mortgage sale demonstra- ‘‘(B) The Secretary shall retain the author- prise only about two percent of all financial in- tion. ity to process capital advances in cases in stitutions and a significantly lower percentage TITLE III—ASSISTED LIVING FACILITIES which no State or local housing agency has of total industry assets. We must do all that Sec. 301. Definition of assisted living facil- applied to provide delegated processing pur- we can to support, protect and promote these ity. suant to this paragraph or no such agency institutions. Sec. 302. Monthly assistance payment under has entered into an agreement with the Sec- This bill, H.R. 4043, the Preserving and Ex- rental assistance. retary to serve as a delegated processing agency. TITLE IV—FACILITATING AFFORDABLE panding Minority Depository Institutions Act, is ‘‘(C) An agency to which review and proc- HOUSING PRESERVATION TRANS- an important step. Existing law requires that essing is delegated pursuant to subparagraph ACTIONS the Office of Thrift Supervision (OTS) and the (A) may assess a reasonable fee which shall Federal Deposit Insurance Corporation (FDIC) Sec. 401. Use of sale or refinancing proceeds. be included in the capital advance amounts consult with the Department of the Treasury TITLE I—NEW CONSTRUCTION REFORMS and may recommend project rental assist- on methods to preserve, encourage and pro- SEC. 101. PROJECT RENTAL ASSISTANCE. ance amounts in excess of those initially mote minority ownership of depository institu- Paragraph (2) of section 202(c) of the Hous- awarded by the Secretary. The Secretary tions and provide technical assistance, training ing Act of 1959 (12 U.S.C. 1701q(c)(2)) is shall develop a schedule for reasonable fees under this subparagraph to be paid to dele- and education programs. amended— (1) by inserting after ‘‘ASSISTANCE.—’’ the gated processing agencies, which shall take H.R. 4043 would direct the Chairman of the following: ‘‘(A) INITIAL PROJECT RENTAL AS- into consideration any other fees to be paid Board of Governors of the Federal Reserve SISTANCE CONTRACT.—’’; to the agency for other funding provided to System and the Comptroller of the Currency to (2) in the last sentence, by striking ‘‘may’’ the project by the agency, including bonds, help preserve, encourage and expand minor- and inserting ‘‘shall’’; and tax credits, and other gap funding. ity-owned financial institutions by participating (3) by adding at the end the following new ‘‘(D) Under such delegated system, the Sec- in those activities. In addition, the bill would subparagraph: retary shall retain the authority to approve require each of the participating agencies to ‘‘(B) RENEWAL OF AND INCREASES IN CON- rents and development costs and to execute a capital advance within 60 days of receipt of submit an annual report to the Congress on TRACT AMOUNTS.— ‘‘(i) EXPIRATION OF CONTRACT TERM.—Upon the commitment from the State or local actions taken to implement the law. the expiration of each contract term, the agency. The Secretary shall provide to such Mr. WATT. Mr. Speaker, I yield back Secretary shall adjust the annual contract agency and the project sponsor, in writing, the balance of my time. amount to provide for reasonable project the reasons for any reduction in capital ad- The SPEAKER pro tempore. The costs, and any increases, including adequate vance amounts or project rental assistance question is on the motion offered by reserves, supportive services, and service co- and such reductions shall be subject to ap- the gentleman from North Carolina ordinators, except that any contract peal.’’. (Mr. WATT) that the House suspend the amounts not used by a project during a con- SEC. 103. DEVELOPMENT COST LIMITATIONS. tract term shall not be available for such ad- rules and pass the bill, H.R. 4043, as Section 202(h)(1) of the Housing Act of 1959 amended. justments upon renewal. ‘‘(ii) EMERGENCY SITUATIONS.—In the event (12 U.S.C. 1701q(h)(1)) is amended, in the mat- The question was taken; and (two- of emergency situations that are outside the ter preceding subparagraph (A), by inserting thirds being in the affirmative) the control of the owner, the Secretary shall in- ‘‘reasonable’’ before ‘‘development cost limi- rules were suspended and the bill, as crease the annual contract amount, subject tations’’. amended, was passed. to reasonable review and limitations as the SEC. 104. OWNER DEPOSITS. A motion to reconsider was laid on Secretary shall provide.’’. Section 202(j)(3)(A) of the Housing Act of SEC. 102. SELECTION CRITERIA. the table. 1959 (12 U.S.C. 1701q(j)(3)(A)) is amended by Subsection (f) of section 202 of the Housing f inserting after the period at the end the fol- Act of 1959 (12 U.S.C. 1701q(f)) is amended— lowing: ‘‘Such amount shall be used only to SECTION 202 SUPPORTIVE HOUSING (1) by striking ‘‘SELECTION CRITERIA.—’’ cover operating deficits during the first and inserting ‘‘INITIAL SELECTION CRI- FOR THE ELDERLY ACT OF 2007 three years of operations and shall not be TERIA AND PROCESSING.—(1) SELECTION CRI- Mr. MAHONEY of Florida. Mr. used to cover construction shortfalls or inad- TERIA.—’’; equate initial project rental assistance Speaker, I move to suspend the rules (2) by redesignating paragraphs (1), (2), (3), amounts.’’. and pass the bill (H.R. 2930) to amend (4), (5), (6), and (7) as subparagraphs (A), (B), section 202 of the Housing Act of 1959 to (C), (D), (E), (G), and (H), respectively; SEC. 105. DEFINITION OF PRIVATE NONPROFIT improve the program under such sec- (3) by inserting after subparagraph (E) (as ORGANIZATION. tion for supportive housing for the el- so redesignated by paragraph (2) of this sub- Subparagraph (B) of section 202(k)(4) of the derly, and for other purposes, as section) the following new subparagraph: Housing Act of 1959 (12 U.S.C. 1701q(k)(4)(B)) amended. ‘‘(F) the extent to which the applicant has is amended by inserting before the semicolon ensured that a service coordinator will be the following: ‘‘; except that, in the case of The Clerk read the title of the bill. employed or otherwise retained for the hous- The text of the bill is as follows: any national organization that is the owner ing, who has the managerial capacity and re- of multiple housing projects assisted under H.R. 2930 sponsibility for carrying out the actions de- this section, the organization may comply Be it enacted by the Senate and House of Rep- scribed in subparagraphs (A) and (B) of sub- with clause (i) of this subparagraph by hav- resentatives of the United States of America in section (g)(2);’’; and ing a local advisory board to the governing Congress assembled, (4) by adding at the end the following new board of the organization the membership SECTION 1. SHORT TITLE AND TABLE OF CON- paragraph: which is selected in the manner required TENTS. ‘‘(2) DELEGATED PROCESSING.— under clause (i)’’. (a) SHORT TITLE.—This Act may be cited as ‘‘(A) In issuing a capital advance under this subsection for any project for which fi- SEC. 106. PREFERENCES FOR HOMELESS ELDER- the ‘‘Section 202 Supportive Housing for the LY. Elderly Act of 2007’’. nancing for the purposes described in the (b) TABLE OF CONTENTS.—The table of con- last two sentences of subsection (b) is pro- Subsection (j) of section 202 (12 U.S.C. tents for this Act is as follows: vided by a combination of a capital advance 1701q(j)) is amended by adding at the end the under subsection (c)(1) and sources other following new paragraph: Sec. 1. Short title and table of contents. than this section, within 30 days of award of ‘‘(9) PREFERENCES FOR HOMELESS ELDER- TITLE I—NEW CONSTRUCTION REFORMS the capital advance, the Secretary shall del- LY.—The Secretary shall permit an owner of Sec. 101. Project rental assistance. egate review and processing of such projects housing assisted under this section to estab- Sec. 102. Selection criteria. to a State or local housing agency that— lish for, and apply to, the housing a pref- Sec. 103. Development cost limitations. ‘‘(i) is in geographic proximity to the prop- erence in tenant selection for the homeless Sec. 104. Owner deposits. erty; elderly, either within the application or Sec. 105. Definition of private nonprofit or- ‘‘(ii) has demonstrated experience in and after selection pursuant to subsection (f), ganization. capacity for underwriting multifamily hous- but only if— Sec. 106. Preferences for homeless elderly. ing loans that provide housing and sup- ‘‘(A) such preference is consistent with Sec. 107. Nonmetropolitan allocation. portive services; paragraph (2) of this subsection; and

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‘‘(B) the owner demonstrates that the sup- (4) in paragraph (3), by striking ‘‘or’’ at the ‘‘(f) FLEXIBLE SUBSIDY DEBT.—The Sec- portive services identified pursuant to sub- end; retary shall waive the requirement that debt section (e)(4), or additional supportive serv- (5) in paragraph (4) by striking the period for a project pursuant to the flexible subsidy ices to be made available upon implementa- at the end and inserting a semicolon; and program under section 201 of the Housing tion of the preference, will meet the needs of (6) by adding at the end the following new and Community Development Amendments the homeless elderly, maintain safety and se- paragraphs: of 1978 (12 U.S.C. 1715z–1a) be prepaid in con- curity for all tenants, and be provided on a ‘‘(5) the payment to the project owner, nection with a prepayment, refinancing, or consistent, long-term, and economical sponsor, or third party developer of a devel- transfer under this section of a project if basis.’’. oper’s fee in an amount not to exceed— such waiver is necessary for the financial SEC. 107. NONMETROPOLITAN ALLOCATION. ‘‘(A) in the case of a project refinanced feasibility of the transaction and is con- Paragraph (3) of section 202(l) of the Hous- through a State low income housing tax sistent with the long-term preservation of ing Act of 1959 (12 U.S.C. 1701q(l)(3)) is credit program, the fee permitted by the low the project as affordable housing. amended by inserting after the period at the income housing tax credit program as cal- ‘‘(g) PREPAYMENT WHEN SECRETARY’S CON- end the following: ‘‘In complying with this culated by the State program as a percent- SENT NOT REQUIRED.—In connection with the paragraph, the Secretary shall either operate age of acceptable development cost as de- prepayment under this section of a loan for a national competition for the nonmetropoli- fined by that State program; or which the Secretary’s consent to prepay- tan funds or make allocations to regional of- ‘‘(B) in the case of a project refinanced ment is not required, at the project owner’s fices of the Department of Housing and through any other source of refinancing, 15 election— Urban Development.’’. percent of the acceptable development cost; ‘‘(1) all tenants of the project shall be eli- TITLE II—REFINANCING or gible for enhanced vouchers in accordance ‘‘(6) the payment of equity, if any, to— with section 8(t) of the United States Hous- SEC. 201. APPROVAL OF PREPAYMENT OF DEBT. ‘‘(A) in the case of a sale, to the seller or Subsection (a) of section 811 of the Amer- ing Act of 1937 (42 U.S.C. 1437f(t)); or the sponsor of the seller, in an amount equal ican Homeownership and Economic Oppor- ‘‘(2) if the project will continue to be to the lesser of the purchase price or the ap- tunity Act of 2000 (12 U.S.C. 1701q note) is owned by a private nonprofit organization praised value of the property, as each is re- amended— owner, such private nonprofit organization duced by the cost of prepaying any out- (1) in the matter preceding paragraph (1), owner may enter into a senior preservation standing indebtedness on the property and by inserting ‘‘, for which the Secretary’s rental assistance contract with the Sec- transaction costs of the sale; or consent to prepayment is required’’ after retary in accordance with subsection (e). ‘‘(B) in the case of a refinancing without ‘‘Act)’’; ‘‘(h) DEFINITION OF PRIVATE NONPROFIT OR- the transfer of the property, to the project (2) in paragraph (1)— GANIZATION.—For purposes of this section, owner or the project sponsor, in an amount (A) by inserting ‘‘project-based’’ before the term ‘private nonprofit organization’ has equal to the difference between the appraised ‘‘rental assistance payments contract’’; the meaning given such term in section value of the property less the outstanding in- (B) by inserting ‘‘project-based’’ before 202(k) of the Housing Act of 1959 (12 U.S.C. debtedness and total acceptable development ‘‘rental housing assistance programs’’; and 1701q(k)).’’. cost. (C) by inserting ‘‘, or any successor SEC. 206. STUDY OF MORTGAGE SALE DEM- project-based rental assistance program,’’ For purposes of paragraphs (5)(B) and (6)(B), ONSTRATION. after ‘‘1701s))’’; and the term ‘‘acceptable development cost’’ (a) STUDY.—The Secretary of Housing and (3) in paragraph (2)— shall include, as applicable, the cost of ac- Urban Development shall conduct a study to (A) by inserting ‘‘(A)’’ before ‘‘a lower’’; quisition, rehabilitation, loan prepayment, evaluate the estimated costs and potential initial reserve deposits, and transaction and benefits of carrying out a program under costs.’’. (B) by inserting before the period at the which the Secretary may sell mortgages as- end the following: ‘‘, or (B) a transaction in SEC. 204. USE OF PROJECT RESIDUAL RECEIPTS. sociated with loans made under section 202 of which the project owner will address the Paragraph (1) of section 811(d) of the Amer- the Housing Act of 1959 (as in effect before ican Homeownership and Economic Oppor- physical needs of the project, but only if, as the enactment of the Cranston-Gonzalez Na- tunity Act of 2000 (12 U.S.C. 1701q note) is a result of the refinancing (i) the rent tional Affordable Housing Act) in accordance amended— charges for unassisted families residing in with the terms for sales of subsidized loans (1) by striking ‘‘not more than 15 percent the project do not increase or such families on multifamily housing projects under sec- of’’; and are provided rental assistance under a senior tion 203 of the Housing and Community De- (2) by inserting before the period at the end preservation rental assistance contract for velopment Amendments of 1978 (12 U.S.C. the following: ‘‘or other purposes approved the project pursuant to subsection (e), and 1701z–11), and of carrying out a demonstra- by the Secretary’’. (ii) the overall cost for providing rental as- tion program for sales of portfolios of such sistance under section 8 for the project (if SEC. 205. ADDITIONAL PROVISIONS. mortgages to housing finance agencies in Section 811 of the American Homeowner- any) does not increase’’. three States. In conducting such study, the ship and Economic Opportunity Act of 2000 SEC. 202. SOURCES OF REFINANCING. Secretary shall place particular emphasis on (12 U.S.C. 1701q note) is amended by adding determining whether the asset management The last sentence of section 811(b) of the at the end the following new subsections: American Homeownership and Economic Op- functions and activities related to such loans ‘‘(e) SENIOR PRESERVATION RENTAL ASSIST- and properties could be accomplished pursu- portunity Act of 2000 (12 U.S.C. 1701q note) is ANCE CONTRACTS.—Notwithstanding any amended— ant to such sales in a timely, effective, and other provision of law, in connection with a efficient manner, including an analysis of (1) by inserting after ‘‘National Housing prepayment plan for a project approved Act,’’ the following: ‘‘or approving the stand- the potential impacts on approvals of under subsection (a) by the Secretary or as refinancings and preservation transactions, ards used by authorized lenders to under- otherwise approved by the Secretary, to pre- rent increase requests, and withdrawals from write a loan refinanced with risk sharing as vent displacement of elderly residents of the reserves or residual receipts (in cases in provided by section 542 of the Housing and project in the case of refinancing or recapi- which there is no contract administrator). Community Development Act of 1992 (12 talization and to further preservation and af- (b) REPORT.—Not later than the expiration U.S.C. 1701 note),’’; and fordability of such project, at the election of of the 12-month period beginning upon the (2) by striking ‘‘may’’ and inserting the private nonprofit organization owner of date of the enactment of this Act, the Sec- ‘‘shall’’. the project, the Secretary shall provide retary shall submit a report to the Com- SEC. 203. USE OF UNEXPENDED AMOUNTS. project-based rental assistance for the Subsection (c) of section 811 of the Amer- project under a senior preservation rental as- mittee on Financial Services of the House of ican Homeownership and Economic Oppor- sistance contract, as follows: Representatives and the Committee on tunity Act of 2000 (12 U.S.C. 1701q note) is ‘‘(1) Assistance under the contract shall be Banking, Housing, and Urban Affairs of the amended— made available to the private nonprofit orga- Senate on the findings of the study and any (1) in the matter preceding paragraph (1), nization owner— recommendations for implementing such a by inserting after ‘‘tenants,’’ the following: ‘‘(A) for a term of at least 20 years, subject program and such a demonstration. ‘‘or is used in the provision of affordable to annual appropriations, and TITLE III—ASSISTED LIVING FACILITIES rental housing and related social services for ‘‘(B) under the same rules governing SEC. 301. DEFINITION OF ASSISTED LIVING FA- elderly persons by the private nonprofit or- project-based rental assistance made avail- CILITY. ganization project owner, private nonprofit able under section 8 of the Housing Act of Section 202b(g) of the Housing Act of 1959 organization project sponsor, or private non- 1937. (12 U.S.C. 1701q–2(g)) is amended by striking profit organization project developer,’’; ‘‘(2) Any projects for which a senior preser- paragraph (1) and inserting the following (2) in paragraph (1), by striking ‘‘not more vation rental assistance contract is provided new paragraph: than 15 percent of’’; shall be subject to a use agreement to ensure ‘‘(1) the term ‘assisted living facility’ (3) in paragraph (2), by inserting before the continued project affordability having a means a facility that— semicolon the following; ‘‘, including reduc- term of the longer of (A) the term of the sen- ‘‘(A) is owned by a private nonprofit orga- ing the number of units and reconfiguring ior preservation rental assistance contract, nization; and units that are functionally obsolete, unmar- or (B) such term as is required by the new fi- ‘‘(B)(i) is licensed and regulated by the ketable, or not economically viable’’; nancing. State (or if there is no State law providing

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14178 CONGRESSIONAL RECORD — HOUSE December 5, 2007 for such licensing and regulation by the Mr. MAHONEY of Florida. Mr. this bill will assist seniors living in State, by the municipality or other political Speaker, I yield myself such time as I older section 202 facilities by extending subdivision in which the facility is located); may consume. them rental assistance. This provision or Mr. Speaker, today the House of Rep- will allow owners to preserve these ‘‘(ii)(I) makes available, directly or resentatives has the ability to improve through recognized and experienced third properties without the risk of dis- party service providers, to residents at the the lives of thousands of seniors across placing poor residents. resident’s request or choice supportive serv- the country with the passage of H.R. I have seen firsthand how important ices to assist the residents in carrying out 2930, the Section 202 Supportive Hous- these facilities are to our communities. the activities of daily living, such as bath- ing for the Elderly Act of 2007. As our I visited Villa Assumpta in Jensen ing, dressing, eating, getting in and our of elderly population grows, the need for Beach, Florida, a section 202 facility bed or chairs, walking, going outdoors, affordable housing will also increase. run by Catholic Charities, and Pres- toileting, laundry, home management, pre- In 2005, there were approximately 37 byterian Homes of Port Charlotte, paring meals, shopping for personal items, million Americans over the age of 65. Florida, operated by the Presbyterian obtaining and taking medication, managing money, using the telephone, or performing According to the U.S. Census Bureau, Association of Homes and Services for light of heavy housework, and which may the number of seniors is expected to the Aging. I have met with the resi- make available to residents home health grow rapidly during the next few dec- dents and I have heard their life sto- care service, such as nursing and therapy, ades. In addition, today’s seniors are ries, residents like Ruth Justice. Mrs. and certain health related services; and facing economic uncertainty. In my Justice lived in a mobile home in Stu- ‘‘(II) provides separate dwelling units for home State of Florida, the toxic cock- art, Florida, for almost 40 years until residents, each of which may contain a full tail of rising gas prices, skyrocketing Hurricane Wilma ripped the roof off of kitchen and bathroom and which includes property taxes and exorbitant home- her home. Fortunately, Ruth was able common rooms and other facilities appro- priate for the provision of supportive serv- owners insurance has forced seniors to to escape from the hurricane with her ices to the residents of the facility; and’’. make difficult choices between paying piano, trumpets and other instruments SEC. 302. MONTHLY ASSISTANCE PAYMENT their mortgage, putting food on the she and her husband had collected over UNDER RENTAL ASSISTANCE. table or purchasing lifesaving medica- the years. However, no matter how Clause (iii) of section 8(o)(18)(B) of the tion. much she loved her music and her mu- United States Housing Act of 1937 (42 U.S.C. Despite this increase in demand, the sical instruments, it couldn’t ease the 1437f(o)(18)(B)(iii)) is amended by inserting number of affordable housing units is financial burden that she faced with a before the period at the end the following: ‘‘, shrinking. According to the Joint Cen- new place which ate up her entire except that a family may be required at the ter for Housing, for every unit of af- monthly Social Security check. Ruth time the family initially receives such as- sistance to pay rent in an amount exceeding fordable housing constructed, two are felt like she had no place to turn. 40 percent of the monthly adjusted income of lost either by the conversion of afford- Thank God for Catholic Charities and the family by such an amount or percentage able housing to market rate housing or Villa Assumpta. as the Secretary deems appropriate’’. by sponsors of section 202 housing opt- Fortunately, Ruth was one of the TITLE IV—FACILITATING AFFORDABLE ing out of the program when their con- lucky ones. For seniors in need of low- HOUSING PRESERVATION TRANSACTIONS tracts expire. income housing who qualify for one of SEC. 401. USE OF SALE OR REFINANCING PRO- In 2002, Congress created a bipartisan Villa Assumpta’s 99 units, waits can be CEEDS. commission to study the need for af- more than 2 years. I was moved by sto- Notwithstanding any other provision of fordable housing and supportive serv- ries like Ruth’s and how much this law, in connection with the sale or refi- ices for the elderly. In the commis- housing means to our seniors. After nancing of a multifamily housing project, or sion’s report to Congress entitled ‘‘A years of working to live the American the transfer of an assistance contract on Quiet Crisis in America,’’ they stated Dream, many of these seniors find such a property, that requires the approval that ‘‘this Nation, despite competing themselves with monthly incomes of of the Secretary of Housing and Urban De- velopment, the Secretary shall not impose demands for national resources, must $800 or less. Without the section 202 any condition that restricts the amount or respond to the critical need for afford- housing, where would Ruth and her use of sale or refinancing proceeds, or re- able housing and home and commu- friends be? Where are the seniors living quires the filing of a financial report, unless nity-based supportive services, with a tonight that are on Villa Assumpta’s 2- such condition is expressly authorized by an substantial financial commitment and year waiting list? On our streets? We existing contract entered into between the effective policies.’’ The report also con- have a responsibility to make sure that Secretary (or the Secretary’s designee) and cluded that ‘‘all seniors, no matter we provide affordable housing to our the project owner before the imposition of a what their individual circumstances seniors and we can start by passing condition prohibited by this section or is a general condition for new financing with a and resources, should be able to con- this important legislation. mortgage insured by the Secretary. Any tinue to live where they prefer regard- Mr. Speaker, the Section 202 Sup- such condition previously imposed by the less of their income, with the services portive Housing for the Elderly Act is Secretary after January 1, 2005, shall, at the they need to maintain personal dignity an example of what this Congress can option of the project owner, be considered and quality of life.’’ achieve when it works together in a bi- void and not enforceable, and any agreement One of the most important respon- partisan fashion. First, the bill was re- containing such a condition shall be re- sibilities we have as a society is to en- ported out of the Financial Services scinded and may be reissued without the sure that our seniors, who have done Committee by a unanimous vote. Sec- void condition. everything our Nation has asked them ondly, following the committee’s con- The SPEAKER pro tempore. Pursu- to do, have a safe and affordable place sideration of H.R. 2930, we worked ant to the rule, the gentleman from to live. The Section 202 Supportive closely with my colleague from West Florida (Mr. MAHONEY) and the gentle- Housing for the Elderly Act is a step in Virginia (Mrs. CAPITO) to ensure that woman from West Virginia (Mrs. achieving this goal. This important the bill meets the needs of rural com- CAPITO) each will control 20 minutes. piece of legislation will give the owners munities. The Chair recognizes the gentleman of 202 facilities the ability to leverage Under current law, HUD is required from Florida. the property’s equity, access much- to reserve 15 percent of program funds GENERAL LEAVE needed capital and benefit from low in- for the development of units in non- Mr. MAHONEY of Florida. Mr. terest rates from private lenders. By metropolitan areas. Unfortunately, the Speaker, I ask unanimous consent that doing so, this legislation will ensure small number of units that are re- all Members may have 5 legislative that these facilities are preserved and served do not provide an adequate in- days within which to revise and extend improved to meet the changing needs centive for developers to undertake their remarks on this legislation and of seniors. such projects. As a result, rural com- to insert extraneous material thereon. In addition, the bill allows for fund- munities often face severe shortages of The SPEAKER pro tempore. Is there ing to be used to increase the services section 202 units. The new provision objection to the request of the gen- that section 202 communities provide added by Mrs. CAPITO will provide HUD tleman from Florida? for their residents, allowing them to with greater flexibility by allowing the There was no objection. live a more independent life. Finally, Department to allocate funding for

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14179 non-metropolitan units on a regional obsolete efficiencies into 1-bedroom units efforts will help thousands of seniors or national scale. I would like to thank where providers are experiencing high va- live their lives with the dignity that her for her work to further strengthen cancy rates, allow the use of excess proceeds they deserve. the bill and to ensure that all of our to further the non-profits’ housing and serv- Mr. Speaker, I would ask my col- ices mission, permit the subordination of leagues to stand up for our seniors by communities, whether they be urban or debt and other important tools that would rural, have access to the program. make preservation easier to achieve. Most voting ‘‘yes’’ for H.R. 2930, the Section Mr. Speaker, the section 202 program importantly, H.R. 2930 will establish a new 202 Supportive Housing for the Elderly is a great example of how the Federal project based rental assistance program to Act of 2007. Government can work with religious allow those Section 202 properties built be- I reserve the balance of my time. institutions to provide needed services tween 1959 and 1974, the oldest segment of Mrs. CAPITO. Mr. Speaker, today I to our communities. Many of the sec- the 202 inventory, that do not currently have rise in strong support of H.R. 2930, the tion 202 facilities are run by religious rental assistance to be refinanced and reha- Section 202 Supportive Housing for the bilitated and receive project based rental as- Elderly Act of 2007. I would like to organizations. I am proud that this leg- sistance. This will enable sponsors to pre- islation is being supported by more thank my colleague from Florida for vent displacement and continue serving low- all of his good, hard work and the lead- than 30 organizations that provide income seniors. housing to the elderly, including We want to thank Congressman Mahoney ership of the committee, the Financial Catholic Charities, Lutheran Services for introducing this important legislation. Services Committee, for the work they of America and United Jewish Commu- We believe these reforms are absolutely nec- have done on this. Affordable housing with supportive nities. essary to ensure more units are built and services is a key component for seniors Mr. Speaker, at this time I would preserved more quickly. The changes this legislation offers rep- seeking to stay in their homes and to like to insert into the RECORD a letter resent a comprehensive federal policy change ‘‘age in place.’’ The section 202 housing from these groups expressing their to meet the affordable housing needs of low- for the elderly program is the primary strong support for H.R. 2930. income seniors. Without these reforms, our HUD program that provides housing H.R. 2930—SECTION 202 SUPPORTIVE HOUSING most vulnerable seniors will face displace- ment, homelessness, or premature institu- exclusively for low-income elderly FOR THE ELDERLY ACT OF 2007 ENDORSE- households. H.R. 2930 reforms the sec- MENT LETTER tionalization. We encourage you to support H.R. 2930 and a national commitment to the tion 202 elderly housing program mak- We, the undersigned organizations, write ing it more effective and efficient and in strong support of H.R. 2930, the Section development and preservation of supportive, 202 Supportive Housing for the Elderly Act of affordable senior housing. better able to meet the housing needs 2007. Under the current Section 202 law, the Sincerely, of our elderly. development and preservation of senior hous- Aging Services of California. Today, we are facing a growing elder- ing can be time-consuming and bureaucratic Alliance for Retired Americans. ly housing crisis in this country. Ac- American Association of Homes and Serv- at a time when demand for supportive senior cording to the 2005 census data, there ices for the Aging. housing is exploding and the loss of afford- Association of Jewish Aging Services of are approximately 3.6 million seniors able housing exceeds new construction. We North America. living below the poverty line. Among believe that this legislation is sorely needed Association of Jewish Family & Children’s senior renters, 1.29 million have worst to streamline and simplify the development Agencies. case housing needs, meaning they and preservation of affordable, supportive, B’nai B’rith International. senior housing for increased participation by spend over 50 percent of their income Catholic Charities. on housing. not-for-profit developers, private lenders, in- Elderly Housing Development and Oper- vestors, and state and local funding agencies. The section 202 program has been an ations Corporation. important tool in addressing these seri- The current Section 202 program is a cap- Florida Association of Homes and Services ital advance grant for the construction of for the Aging. ous housing needs by providing capital new supportive senior communities with a Indiana Association of Homes and Services advance grants to nonprofit housing project rental assistance contract to sub- for the Aging. sponsors to build new elderly housing sidize very low-income elderly renters. Even Iowa Association of Homes and Services facilities and project rental assistance though the award now comes in the form of for the Aging. contracts to subsidize very low-income a grant, HUD engages in a protracted ‘‘un- Jewish Federation of Metropolitan Chi- elderly residents of these facilities. derwriting’’ process that often increases red cago. Many nonprofit sponsors are faith- tape, delays the development process, and re- Life Services Network of Illinois. sults in escalated costs, particularly when LifeSpan Network. based organizations with a mission to Section 202 funds are combined with the Low Local Initiatives Support Corporation. serve the elderly. As a condition of re- Income Housing Tax Credit. To promote effi- Lutheran Services in America. ceiving a capital advance, which does ciency and streamline the processing of new National Association of Area Agencies on not have to be repaid, a nonprofit spon- developments, the proposed legislation will Aging. sor must make housing available for a delegate the processing of the Section 202 National Affordable Housing Management period of no less than 40 years. As a re- capital advance grants to state or local enti- Association. sult of these efforts, the section 202 ties with expertise in housing development. National Church Residences. program currently supplies over 320,000 We know that this will ensure that sup- National Council on Aging. portive senior housing will be open more National Housing Trust. units of housing to very low-income el- quickly to serve our Nation’s most vulner- New Jersey Association of Home and Serv- derly citizens. able seniors, particularly in combination ices for the Aging. While the section 202 program has with tax credits. National Housing Trust. been successful at providing much- Many older Section 202 facilities are in National Leased Housing Association. needed housing resources to our very need of repair, rehabilitation or moderniza- National Low Income Housing Coalition. low-income seniors, it is estimated tion, but most of them do not have the funds New York Association of Homes and Serv- that 10 seniors are waiting for each to retrofit their buildings to accommodate ices for the Aging. unit that becomes available. Partici- Oregon Alliance of Senior and Health the present and future needs of their resi- pants and developers of the section 202 dents. The current Section 202 statute per- Services. mits Section 202 providers to refinance ad Stewards of Affordable Housing for the Fu- housing program maintain that the use the substantial equity in these projects ture. current regulation and HUD adminis- to fund the much needed rehabilitation, ex- United Jewish Communities. tration of the program can be time tend the lives of these properties, and pro- Volunteers of America. consuming and bureaucratic. H.R. 2930 vide an enhanced supportive environment for Washington Association of Housing and will improve the section 202 elderly seniors as they age in place. Unfortunately, Services for the Aging. housing program by streamlining and these preservation deals have been stymied In closing, I would like to thank simplifying the development and pres- by illogical decisions from HUD. Title II of Chairman FRANK and Representative ervation of HUD’s section 202 prop- H.R. 2930 would make a number of technical MAXINE WATERS for their leadership in erties and by increasing participation changes in the statute to enhance the ability this area of affordable housing. I would of organizations to recapitalize and preserve by not-for-profit developers, private existing Section 202 housing and enhance also like to thank their staffs, Mere- lenders, investors and State and local supportive services. dith Connelly, Scott Olson and Jona- funding agencies. This legislation would require rather than than Harwitz, for their hard work and I do want to point out to my col- permit HUD to approve reconfiguration of commitment to this legislation. Their leagues that the bill we are considering

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14180 CONGRESSIONAL RECORD — HOUSE December 5, 2007 on the floor today includes several households access to affordable places ing the available options for recapital- changes to the bill reported out of the to live. It is the only program that pro- ization. This bill will give the owners Committee on Financial Services on vides housing exclusively for the elder- of these communities the ability to le- September 25. While the bill as re- ly. Established in 1959, it makes capital verage the equity in those properties. ported did have a $94 million cost for grants and project rental assistance It will also allow them to access much- fiscal year 2008 and a $212 million cost available to developers so they can needed capital and benefit from the over 5 years, those costs have been re- build housing that is affordable to low- current low interest rates being offered moved by the elimination of the mort- income elderly households. Over 320,000 by private lenders. gage sale demonstration program and housing units are currently available. Mr. Speaker, by delegating the proc- the subordination or assumption of ex- But it is not enough. There are 10 essing of these capital advances to isting debt provisions. The Congres- seniors waiting and in need for every State housing agencies with staff and sional Budget Office now reports the housing unit that is available, and ap- experience in housing development, the costs associated with this bill to be in- proximately 3.6 million of our seniors section 202 process will be aided and significant. across the country in every State live made more efficient. I would also like to thank my col- in poverty. This bill is going to help Mr. Speaker, as President John F. leagues and Chairman FRANK in par- make a down payment on what needs Kennedy once said to Congress nearly ticular for his willingness to work with to be done. The U.S. population is 45 years ago, ‘‘The gradual increase in me on a provision to resolve a problem aging; 12.4 percent are over 65, but in 18 lifespan in our country and the number that non-metropolitan States like my years that is going to be 20 percent. We of our senior citizens who find them- home State of West Virginia have expe- are going to need 730,000 units of hous- selves in later years dependent on af- rienced when attempting to qualify for ing. So I thank the sponsors, the lead- fordable housing presents this Nation funds under the section 202 program. It ers, to begin the process of moving for- with increased opportunities. The in- is important to recognize that the need ward. creased life expectancy presents oppor- for housing for the very low-income el- I want to mention just in a very tunities to draw upon the skills of our derly extends beyond metropolitan practical way something that Mrs. senior citizens and their wisdom and areas and it needs the flexibility for CAPITO said. Housing is a partnership. sagacity, and the opportunity to pro- rural and suburban areas to be able to What it does is unleash the activities vide the respect and recognition that qualify for these funds. The very low- of volunteers in our communities and they have earned in their later years. income elderly of rural West Virginia housing advocates, and they brought It is not enough for a great Nation deserve the very same resources avail- this to our attention. merely to have added years to their able to the elderly in the larger areas. Grand Way Commons in Vermont, lives. Our objective must also be to add H.R. 2930 now includes provisions to opened by the Cathedral Square Cor- new life to those years.’’ establish a national competition for poration, is going to have a housing I encourage my colleagues to support non-metro elderly housing funds and project that is going to help 63 fami- the growing population of seniors in will allow regional offices to admin- lies, seniors, have access to housing, our country, of these most vulnerable ister elderly housing allocations. This and they are combining it with services citizens in our country, by voting for greater flexibility will help create from United Way, from AARP and from this important bipartisan measure to more elderly housing units in rural the Vermont Nurses Association. aid the elderly in the section 202 pro- States like mine. Mr. Speaker, I urge a strong vote in gram. I would like to pause and thank the support of moving ahead for senior Again, I would like to thank my col- housing advocates in my State of West housing. league from Florida, Mr. MAHONEY, for Virginia for bringing this issue before Mrs. CAPITO. Mr. Speaker, I have no spearheading this important legisla- me in a very timely manner so we further speakers, and I yield back the tion. could fix this while we are dealing with balance of my time. Mr. MAHONEY of Florida. Mr. the section 202 program. So I want to Mr. MAHONEY of Florida. Mr. Speaker, I have no further requests for thank my fellow West Virginians for Speaker, I yield 3 minutes to the gen- time, and I yield back the balance of helping us out here. tleman from Massachusetts (Mr. my time. Mr. Speaker, the affordable rental LYNCH). The SPEAKER pro tempore. The housing crisis in America is having a Mr. LYNCH. Mr. Speaker, I too want question is on the motion offered by profound effect on renters of all ages, to thank Mrs. CAPITO, Chairman the gentleman from Florida (Mr. especially our seniors, and this bill will FRANK, Chairman WATERS, and also Mr. MAHONEY) that the House suspend the help ease some of the affordability MAHONEY from Florida for his great rules and pass the bill, H.R. 2930, as problems plaguing our senior popu- work on this. amended. lation. Mr. Speaker, as a cosponsor of H.R. The question was taken; and (two- I urge my colleagues to support H.R. 2930, I am pleased to support this bipar- 2930, the Section 202 Supportive Hous- thirds being in the affirmative) the tisan legislation to reform and rules were suspended and the bill, as ing for the Elderly Act of 2007. strengthen HUD’s section 202 senior I reserve the balance of my time. amended, was passed. housing program. Mr. MAHONEY of Florida. Mr. A motion to reconsider was laid on Mr. Speaker, affordable rental hous- Speaker, I would like to yield 2 min- the table. ing is essential to low-income seniors utes to my distinguished friend from f living on fixed income. In fact, accord- Vermont (Mr. WELCH). SECURITIES LAW TECHNICAL Mr. WELCH of Vermont. I thank very ing to the AARP, there are at least 10 seniors now on waiting lists for every CORRECTIONS ACT OF 2007 much my colleague, Mr. MAHONEY, for his excellent work on this legislation unit of section 202 housing that be- Mr. SCOTT of Georgia. Mr. Speaker, comes available. However, in the mean- and Mrs. CAPITO for her excellent work I move to suspend the rules and pass on this bipartisan legislation. time, for every unit of affordable hous- the bill (H.R. 3505) to make various It is incredibly important to Amer- ing that we create, two are being lost technical and clerical amendments to ica’s seniors, Vermont’s seniors, that either through the conversion process the Federal securities laws, as amend- they have security in housing as they to market-rate housing or by sponsors ed. age. And that is a challenge because we who are opting out of the program The Clerk read the title of the bill. are getting more folks older and in- when their contracts expire. As a re- The text of the bill is as follows: comes are not keeping up. H.R. 2930 ad- sult, preserving our existing section 202 H.R. 3505 dresses the issue in a timely and over- senior housing is and should be a na- Be it enacted by the Senate and House of Rep- due way. tional priority. resentatives of the United States of America in H.R. 2930 eases the development and Congress assembled, b 1300 preservation of section 202 housing for SECTION 1. SHORT TITLE. It improves HUD’s section 202 pro- the elderly by reducing administrative This Act may be cited as the ‘‘Securities gram, providing low-income elderly burdens while simultaneously expand- Law Technical Corrections Act of 2007’’.

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TECHNICAL CORRECTIONS. pears in the last two sentences and inserting Holding Company Act of 1935’’ each place it (a) SECURITIES ACT OF 1933.—The Securities ‘‘clause (vii)’’; appears and inserting ‘‘Securities Act of 1933 Act of 1933 (15 U.S.C. 77a et seq.) is amend- (2) in section 9(b)(4)(B) (15 U.S.C. 80a– or the Securities Exchange Act of 1934’’; ed— 9(b)(4)(B)), by inserting ‘‘or’’ after the semi- (3) in section 310 (15 U.S.C. 77jjj), by strik- (1) in section 3(a)(4) (15 U.S.C. 77c(a)(4)), by colon at the end; ing subsection (c) (including the preceding striking ‘‘individual;’’ and inserting ‘‘indi- (3) in section 12(d)(1)(J) (15 U.S.C. 80a– heading); vidual,’’; 12(d)(1)(J)), by striking ‘‘any provision of (4) in section 311 (15 U.S.C. 77kkk) by strik- (2) in section 18(b)(1)(C) (15 U.S.C. this subsection’’ and inserting ‘‘any provi- ing subsection (c); 77r(b)(1)(C)), by striking ‘‘is a security’’ and sion of this paragraph’’; (5) in section 323(b) (15 U.S.C. 77www(b)), by inserting ‘‘a security’’; (4) in section 13(a)(3) (15 U.S.C. 80a– striking ‘‘Securities Act of 1933, or the Secu- (3) in section 18(c)(2)(B)(i) (15 U.S.C. 13(a)(3)), by inserting ‘‘or’’ after the semi- rities Exchange Act of 1934, or the Public 77r(c)(2)(B)(i)), by striking ‘‘State, or’’ and colon at the end; Utility Holding Company Act of 1935’’ and in- inserting ‘‘State or’’; (5) in section 17(f)(4) (15 U.S.C. 80a–17(f)(4)), serting ‘‘Securities Act of 1933 or the Securi- (4) in section 19(d)(6)(A) (15 U.S.C. by striking ‘‘No such member’’ and inserting ties Exchange Act of 1934’’; and 77s(d)(6)(A)), by striking ‘‘in paragraph (1) of ‘‘No member of a national securities ex- (6) in section 326 (15 U.S.C. 77zzz), by strik- (3)’’ and inserting ‘‘in paragraph (1) or (3)’’; change’’; ing ‘‘Securities Act of 1933, or the Securities and (6) in section 17(f)(6) (15 U.S.C. 80a–17(f)(6)), Exchange Act of 1934, or the Public Utility (5) in section 27A(c)(1)(B)(ii) (15 U.S.C. 77z– by striking ‘‘company may serve’’ and in- Holding Company Act of 1935,’’ and inserting 2(c)(1)(B)(ii)), by striking ‘‘business entity;’’ serting ‘‘company, may serve’’; and ‘‘Securities Act of 1933 or the Securities Ex- and inserting ‘‘business entity,’’. (7) in section 61(a)(3)(B)(iii) (15 U.S.C. 80a– change Act of 1934’’. 60(a)(3)(B)(iii))— (b) SECURITIES EXCHANGE ACT OF 1934.—The (c) INVESTMENT COMPANY ACT OF 1940.—The (A) by striking ‘‘paragraph (1) of section Securities Exchange Act of 1934 (15 U.S.C. 78 Investment Company Act of 1940 (15 U.S.C. 205’’ and inserting ‘‘section 205(a)(1)’’; and et seq.) is amended— 80a–1 et seq.) is amended— (B) by striking ‘‘clause (A) or (B) of that (1) in section 2(1)(a) (15 U.S.C. 78b(1)(a)), by (1) in section 2(a)(44) (15 U.S.C. 80a– section’’ and inserting ‘‘section 205(b)(1) or striking ‘‘affected’’ and inserting ‘‘effected’’; 2(a)(44)), by striking ‘‘ ‘Public Utility Hold- (2)’’. (2) in section 3(a)(55)(A) (15 U.S.C. ing Company Act of 1935’,’’; 78c(a)(55)(A)), by striking ‘‘section 3(a)(12) of (e) INVESTMENT ADVISERS ACT OF 1940.—The Investment Advisers Act of 1940 (15 U.S.C. (2) in section 3(c) (15 U.S.C. 80a–3(c)), by the Securities Exchange Act of 1934’’ and in- 80b–1 et seq.) is amended— amending paragraph (8) to read as follows: serting ‘‘section 3(a)(12) of this Act’’; (1) in each of the following sections, by ‘‘(8) [Repealed]’’; (3) in section 3(g) (15 U.S.C. 78c(g)), by striking ‘‘principal business office’’ or ‘‘prin- (3) in section 38(b) (15 U.S.C. 80a–37(b)), by striking ‘‘company, account person, or enti- cipal place of business’’ (whichever and wher- striking ‘‘the Public Utility Holding Com- ty’’ and inserting ‘‘company, account, per- ever it appears) and inserting ‘‘principal of- pany Act of 1935,’’; and son, or entity’’; fice and place of business’’: sections (4) in section 50 (15 U.S.C. 80a–49), by strik- (4) in section 10A(i)(1)(B)(i) (15 U.S.C. 78j– 203(c)(1)(A), 203(k)(4)(B), 213(a), 222(b), and ing ‘‘the Public Utility Holding Company 1(i)(1)(B)(i)), by striking ‘‘nonaudit’’ and in- 222(c) (15 U.S.C. 80b–3(c)(1)(A), 80b–3(k)(4)(B), Act of 1935,’’. serting ‘‘non-audit’’; 80b–13(a), 80b–18a(b), and 80b–18a(c)); and (d) INVESTMENT ADVISERS ACT OF 1940.— (5) in section 13(b)(1) (15 U.S.C. 78m(b)(1)), (2) in section 206(3) (15 U.S.C. 80b–6(3)), by Section 202(a)(21) of the Investment Advisers by striking ‘‘earning statement’’ and insert- inserting ‘‘or’’ after the semicolon at the Act of 1940 (15 U.S.C. 80b–2(a)(21)) is amended ing ‘‘earnings statement’’; end. by striking ‘‘ ‘Public Utility Holding Com- (6) in section 15(b)(1) (15 U.S.C. 78o(b)(1))— pany Act of 1935’,’’. (A) by striking the sentence beginning SEC. 3. CONFORMING AMENDMENTS FOR THE RE- PEAL OF THE PUBLIC UTILITIES ‘‘The order granting’’ and ending ‘‘from such HOLDING COMPANY ACT OF 1935. The SPEAKER pro tempore. Pursu- membership.’’ in subparagraph (B); and (a) SECURITIES EXCHANGE ACT OF 1934.—The ant to the rule, the gentleman from (B) inserting such sentence in the matter Securities Exchange Act of 1934 (15 U.S.C. 78 Georgia (Mr. SCOTT) and the gentleman following such subparagraph after ‘‘are satis- et seq.) is amended— from Illinois (Mr. ROSKAM) each will fied.’’; (1) in section 3(a)(47) (15 U.S.C. 78c(a)(47)), control 20 minutes. (7) in section 15 (15 U.S.C. 78o), redesignate by striking ‘‘the Public Utility Holding Com- subsection (i), as added by section 303(f) of pany Act of 1935 (15 U.S.C. 79a et seq.),’’; and The Chair recognizes the gentleman the Commodity Futures Modernization Act (2) in section 12(k) (15 U.S.C. 78l(k)), by from Georgia. of 2000 (114 Stat. 2763A–455), as subsection (j); amending paragraph (7) to read as follows: GENERAL LEAVE (8) in section 15C(a)(2) (15 U.S.C. 78o– ‘‘(7) DEFINITION.—For purposes of this sub- 5(a)(2))— section, the term ‘emergency’ means— Mr. SCOTT of Georgia. Mr. Speaker, (A) by redesignating clauses (i) and (ii) as ‘‘(A) a major market disturbance charac- I ask unanimous consent that all Mem- subparagraphs (A) and (B), respectively; terized by or constituting— bers may have 5 legislative days within (B) by striking the sentence beginning ‘‘(i) sudden and excessive fluctuations of which to revise and extend their re- ‘‘The order granting’’ and ending ‘‘from such securities prices generally, or a substantial membership.’’ in such redesignated subpara- marks and insert extraneous material threat thereof, that threaten fair and orderly on this legislation and on H.R. 3526, as graph (B); and markets; or (C) inserting such sentence in the matter ‘‘(ii) a substantial disruption of the safe or amended. following such redesignated subparagraph efficient operation of the national system for The SPEAKER pro tempore. Is there after ‘‘are satisfied.’’; clearance and settlement of transactions in objection to the request of the gen- (9) in section 16(a)(2)(C) (15 U.S.C. securities, or a substantial threat thereof; or tleman from Georgia? 78p(a)(2)(C)), by striking ‘‘section 206(b)’’ and ‘‘(B) a major disturbance that substan- inserting ‘‘section 206B’’; tially disrupts, or threatens to substantially There was no objection. (10) in section 17(b)(1)(B) (15 U.S.C. disrupt— Mr. SCOTT of Georgia. Mr. Speaker, 78q(b)(1)(B)), by striking ‘‘15A(k) gives’’ and ‘‘(i) the functioning of securities markets, I yield myself such time as I may con- inserting ‘‘15A(k), give’’; and investment companies, or any other signifi- sume. (11) in section 21C(c)(2) (15 U.S.C. 78u– cant portion or segment of the securities 3(c)(2)), by striking ‘‘paragraph (1) sub- markets; or Mr. Speaker, this bill, H.R. 3505, is section’’ and inserting ‘‘Paragraph (1)’’. ‘‘(ii) the transmission or processing of se- the Securities Law Technical Correc- (c) TRUST INDENTURE ACT OF 1939.—The curities transactions.’’. tions Act, and it consists entirely of Trust Indenture Act of 1939 (15 U.S.C. 77aaa (3) in section 21(h)(2) (15 U.S.C. 78u(h)(2)), technical and clerical amendments to et seq.) is amended— by striking ‘‘section 18(c) of the Public Util- the Federal securities laws which were (1) in section 304(b) (15 U.S.C. 77ddd(b)), by ity Holding Company Act of 1935,’’. requested by the Securities and Ex- striking ‘‘section 2 of such Act’’ and insert- (b) TRUST INDENTURE ACT OF 1939.—The change Commission as a minor part of ing ‘‘section 2(a) of such Act’’; Trust Indenture Act of 1939 (15 U.S.C. 77aaa (2) in section 313(a)(4) (15 U.S.C. et seq.) is amended— a larger legislative agenda. Included 77mmm(a)(4)) by striking ‘‘subsection 311’’ (1) in section 303 (15 U.S.C. 77ccc), by are the Security Act of 1934, the Invest- and inserting ‘‘section 311(b)’’; and amending paragraph (17) to read as follows: ment Act of 1940 and the Trust Inden- (3) in section 317(a)(1) (15 U.S.C. ‘‘(17) The terms ‘Securities Act of 1933’ and ture Act of 1939. 77qqq(a)(1)), by striking ‘‘(1),’’ and inserting ‘Securities Exchange Act of 1934’ shall be Mr. Speaker, periodically we in Con- ‘‘(1)’’. deemed to refer, respectively, to such Acts, gress should review our laws in order (d) INVESTMENT COMPANY ACT OF 1940.—The as amended, whether amended prior to or Investment Company Act of 1940 (15 U.S.C. after the enactment of this title.’’; to make sure that they are current and 80a–1 et seq.) is amended— (2) in section 308 (15 U.S.C. 77hhh), by strik- that they are up to date. Furthermore, (1) in section 2(a)(19) (15 U.S.C. 80a–2(a)(19)) ing ‘‘Securities Act of 1933, the Securities this bill addresses certain changes to by striking ‘‘clause (vi)’’ both places it ap- Exchange Act of 1934, or the Public Utility be made to reduce confusion. We want

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14182 CONGRESSIONAL RECORD — HOUSE December 5, 2007 to ensure that the laws we pass are cur- example where there is need to update APPOINTMENT OF CONFEREES ON rent, and periodically clarifying cer- our securities laws which are included H.R. 1585, NATIONAL DEFENSE tain aspects of these somewhat com- in this legislation is to address the re- AUTHORIZATION ACT FOR FIS- plex and complicated laws is a very peal of the Public Utility Holding Com- CAL YEAR 2008 valuable undertaking. pany Act of 1935. It was repealed, as The SPEAKER pro tempore. Without The amendments made by this bill Mr. SCOTT mentioned, in the 2005 en- objection, the Chair appoints the fol- correct drafting errors and remove ob- ergy bill because it was no longer nec- lowing conferees to H.R. 1585. solete references to the Public Utilities essary. From the Committee on Armed Serv- Holding Company Act of 1935, which But it was originally adopted to deal ices, for consideration of the House bill was repealed in 2005. It further corrects with circumstances that existed in the and the Senate amendment, and modi- numbering and punctuation errors. 1930s and 1940s when the commission fications committed to conference: There are several technical changes was restructuring the utility industry. Messrs. SKELTON, SPRATT, ORTIZ, TAY- that need to be made to the bill, as in- At that point, a number of holding LOR, ABERCROMBIE, REYES, SNYDER, troduced, one to correct statutory cita- companies would have owned minority SMITH of Washington, Ms. LORETTA tions and punctuation and also for stakes in utilities and other holding SANCHEZ of California, Mr. MCINTYRE, clarification. companies and they may have held sub- Mrs. TAUSCHER, Messrs. BRADY of Penn- Mr. Speaker, as security laws are stantial equity assets that caused them sylvania, ANDREWS, Mrs. DAVIS of Cali- very complicated, very complex and to meet the investment company defi- fornia, Messrs. LARSEN of Washington, highly technical, and with many of COOPER, MARSHALL, Ms. BORDALLO, these laws having been written in the nition at that time. Messrs. UDALL of Colorado, HUNTER, 1930s and the 1940s, periodic overview is Today, virtually all utility holding SAXTON, MCHUGH, EVERETT, BARTLETT very, very important and essential to companies operate throughout wholly of Maryland, MCKEON, THORNBERRY, the financial security of our great Na- owned subsidiaries and, thus, do not tion, and this, Mr. Speaker, is the pur- have investment company status issues JONES of North Carolina, HAYES, AKIN, pose of this bill. any different from any other type of FORBES, WILSON of South Carolina, Mr. Speaker, I reserve the balance of holding company. So utility holding TURNER, KLINE of Minnesota, and Mrs. my time. companies no longer need to be treated DRAKE. Mr. ROSKAM. Mr. Speaker, I yield differently than any other type of com- From the Permanent Select Com- myself such time as I may consume. pany for purposes of determining mittee on Intelligence, for consider- Mr. Speaker, I rise today in strong whether they meet the definition of in- ation of matters within the jurisdic- support of H.R. 3505, the Securities Law vestment company. tion of that committee under clause 11 of rule X: Messrs. BOSWELL, PATRICK J. Technical Corrections Act of 2007, a H.R. 3505 makes almost 50 technical MURPHY of Pennsylvania, and HOEK- measure to make technical corrections changes to the Federal securities laws. STRA. to the various securities laws, and I Mr. Speaker, I want to note that the thank Mr. SCOTT for his support for From the Committee on Education Securities and Exchange Commission and Labor, for consideration of sec- this measure and also Chairman FRANK supports these changes. and Ranking Member BACHUS for advo- tions 561, 562, 675, 953, and 3118 of the cating that this come to the floor Once again I want to thank my col- House bill, and sections 561, 562, 564, today. league Mr. SCOTT, along with Ranking 565, and 3137 of the Senate amendment, Mr. Speaker, in the aftermath of the Member BACHUS and our chairman, and modifications committed to con- stock market crash of 1929 and the en- Chairman FRANK, for their support of ference: Messrs. GEORGE MILLER of suing Great Depression, Congress en- this legislation, and I urge all of our California, COURTNEY, and WALBERG. acted the Federal securities laws of the colleagues to support it. From the Committee on Energy and 1930s and the 1940s. Over many years, Mr. Speaker, I yield back the balance Commerce, for consideration of sec- Congress has amended these laws to of my time. tions 311–313 and 1082 of the Senate adopt innovation and growth in the se- Mr. SCOTT of Georgia. Mr. Speaker, amendment, and modifications com- curities industry. Securities laws have I yield myself such time as I may con- mitted to conference: Messrs. DINGELL, become incredibly complex and tech- sume. WYNN, and BARTON of Texas. From the Committee on Foreign Af- nical due to the intricate and global Mr. Speaker, I too want to thank my fairs, for consideration of sections 831, markets we have today. colleague Mr. ROSKAM for his hard 833, 1022, 1201, 1203, 1204, 1206–1208, 1221, The goal of these laws is to protect work on this bill and for his contribu- 1222, 1231, 1241, 1242, title XIII, and sec- investors, maintain fair, orderly and tion, and also the leadership of our Fi- tion 3117 of the House bill, and sections efficient markets, and to facilitate cap- nancial Services Committee under the ital formation and promote competi- 871, 934, 1011, 1201–1203, 1205, 1211, 1212, chairmanship of Chairman BARNEY tion. These laws range from governing 1214, 1215, 1217, 1219, 1232, title XIII, sec- FRANK for his work on this measure as over the initial issuance and registra- tions 1511, 1512, 1532, 1533, 1539–1542, well. tion of securities to the oversight of fi- 1571, 1574–1576, 1579, 3134, and 3139 of the nancial reporting and registration of Mr. Speaker, I have no further re- Senate amendment, and modifications people involved in the sale of securi- quests for time, and I yield back the committed to conference: Messrs. LAN- ties. The laws also regulate the pur- balance of my time. TOS, ACKERMAN, and Ms. ROS-LEHTINEN. chase and sale of securities, securities The SPEAKER pro tempore. The From the Committee on Homeland brokerage firms and securities ex- question is on the motion offered by Security, for consideration of section changes, and they also have been re- the gentleman from Georgia (Mr. 1076 of the Senate amendment, and sponsible for the rules of the creation SCOTT) that the House suspend the modifications committed to con- and operation of mutual funds and rules and pass the bill, H.R. 3505, as ference: Messrs. THOMPSON of Mis- those laws governing the operation of amended. sissippi, CARNEY, and DANIEL E. LUN- investment advisors, all good things. The question was taken. GREN of California. As Members of Congress, we have a The SPEAKER pro tempore. In the From the Committee on the Judici- responsibility to review laws that we opinion of the Chair, two-thirds being ary, for consideration of sections 582, pass to ensure that they are current in the affirmative, the ayes have it. 672, 673, and 850 of the House bill, and and that they are up to date. Most im- sections 824, 1023, 1024, 1078, 1087, 1571– portantly, Congress needs to clarify Mr. SCOTT of Georgia. Mr. Speaker, 1574, 1576, 1577, 1579, and title LII of the that these laws are well-crafted so that on that I demand the yeas and nays. Senate amendment, and modifications agencies who administer and enforce The yeas and nays were ordered. committed to conference: Messrs. CON- them are able to do so without causing The SPEAKER pro tempore. Pursu- YERS, BERMAN, and SMITH of Texas. unnecessary confusion to investors, to ant to clause 8 of rule XX and the From the Committee on Oversight market participants and the courts. Chair’s prior announcement, further and Government Reform, for consider- Keeping the security laws current is proceedings on this motion will be ation of sections 325, 326, 328–330, 604, a worthwhile undertaking. One such postponed. 653, 674, 801, 802, 814, 815, 821–824, 1101–

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14183 1112, 1221, 1231, and 1451 of the House ciency and Renewable Energy and also pro- engineer, a consultant, and I certainly bill, and sections 366–370, 603, 684, 821, vides research expertise for the Office of appreciate the work that NREL does. 823, 842, 845, 846, 871, 902, 937, 1064, 1069, Science and the Office of Electricity Deliv- Tucked in the foothills of the Rockies 1074, 1093, 1101–1106, 1108, 1540, 1542, and ery and Energy Reliability; and looking up to the scenic Flatirons, Whereas the NREL is the Nation’s, and the 2851 of the Senate amendment, and world’s, preeminent laboratory for renewable NREL has led the charge in developing modifications committed to con- energy and energy efficiency research and and deploying cost-effective energy ef- ference: Messrs. WAXMAN, TOWNS, and development; ficiency and renewable energy tech- DAVIS of Virginia. Whereas renewable energy and energy effi- nologies for three decades. I have been From the Committee on Science and ciency technologies are key to creating a continually impressed by the caliber of Technology, for consideration of sec- clean energy future for not only the United work that this laboratory has put out tions 846, 1085, and 1088 of the Senate States, but the world; over the years. amendment, and modifications com- Whereas the NREL’s focused research and New energy technology takes time to development capabilities are positioned to mitted to conference: Mr. GORDON of advance national energy goals by developing develop. It’s a long, difficult process, Tennessee, Ms. GIFFORDS, and Mr. innovations to change the way we power our but we have seen tremendous advances. EHLERS. homes and businesses, and fuel our cars; For example, in wind energy we have From the Committee on Small Busi- Whereas the NREL has worked vigorously seen it come from an outlying tech- ness, for consideration of sections 828, through research and development to de- nology to where now it’s one of the 1085, 1088, 4001, 4002, 4101–4103, 4201–4203, velop wind energy resulting in innovative de- leading sources of new energy in the and 4301–4305 of the Senate amendment, signs, larger turbines, and increased effi- world. We can expect other forms of en- and modifications committed to con- ciencies leading to dramatic reductions in ergy technology such as solar, geo- ´ energy costs; ference: Ms. VELAZQUEZ, Messrs. Whereas the NREL has also developed hy- thermal, and energy efficiency tech- ALTMIRE and CHABOT. drogen energy scenarios that could be used nologies to follow that same trajectory From the Committee on Transpor- to power the future and develop hydrogen in- to becoming cost-effective and com- tation and Infrastructure, for consider- frastructure and delivery systems; and petitive with all other forms of energy. ation of sections 523 and 1048 of the Whereas the NREL has developed biomass The experts at NREL have played a House bill, and sections 311–313, 353, research technology, which provides biomass critical role in developing a range of 1070, 2853, 2855, 2863, 5101, 5202, and 5208 industries with rapid analytical tools for technologies that will transform our of the Senate amendment, and modi- making the highest value applications of energy future. NREL scientists and en- biomass or analyzing biomass: Now, there- gineers have made breakthroughs in fications committed to conference: fore, be it Messrs. OBERSTAR, COSTELLO, and Resolved by the House of Representatives (the such diverse areas as biofuels, wind, GRAVES. Senate concurring), That Congress— solar power, near zero-energy build- From the Committee on Veterans’ (1) commends the National Renewable En- ings, and super efficient cars and Affairs, for consideration of sections ergy Laboratory for its work of promoting trucks. 525, 1421, 1433, and 1453 of the House energy efficiency for 30 years and seeking As our country works to combat cli- bill, and sections 701, 710, 1084, 1611, other avenues of energy independence be- mate change and achieve energy inde- cause it enhances our national security, sus- 1612, 1621, 1626, 1634, 1641, 1654, 1662, and pendence, NREL’s mission is more im- tains our environment and creates jobs; portant than ever. But staying ahead 1702–1712 of the Senate amendment, and (2) recognizes the achievements of the sci- modifications committed to con- entists and employees of the NREL and their of the technology curve requires con- ference: Messrs. FILNER, MICHAUD, and exemplary service to the United States for 30 siderable resources and very smart pol- BUYER. years; and icymaking. I am sure that the dedi- From the Committee on Ways and (3) directs the Clerk of the House to trans- cated employees of NREL share my ap- Means, for consideration of section 536 mit a copy of this resolution to the NREL preciation for this resolution and will of the Senate amendment, and modi- for appropriate display. continue their tireless efforts to bring fications committed to conference: The SPEAKER pro tempore. Pursu- energy efficiency and renewable energy Messrs. RANGEL, STARK, and CAMP of ant to the rule, the gentleman from technologies and practices to the mar- Michigan. California (Mr. MCNERNEY) and the ketplace. There was no objection. gentleman from Texas (Mr. HALL) each Mr. Speaker, I reserve the balance of will control 20 minutes. my time. f The Chair recognizes the gentleman Mr. HALL of Texas. Mr. Speaker, I b 1315 from California. rise in support of H. Con. Res. 251, com- COMMENDING THE NATIONAL RE- GENERAL LEAVE mending the National Renewable En- NEWABLE ENERGY LABORATORY Mr. MCNERNEY. Mr. Speaker, I ask ergy Laboratory for its work pro- FOR ITS WORK OF PROMOTING unanimous consent that all Members moting energy efficiency for 30 years. ENERGY EFFICIENCY FOR 30 may have 5 legislative days to revise NREL, the National Renewable Energy YEARS and extend their remarks and to in- Laboratory, based in Golden, Colorado, clude extraneous material on H. Con. is the hub of our Nation’s work into re- Mr. MCNERNEY. Mr. Speaker, I Res. 251, the resolution now under con- newable and alternative energy re- move to suspend the rules and agree to sideration. search and development. the concurrent resolution (H. Con. Res. The SPEAKER pro tempore. Is there Since 1977, when it began as the Solar 251) commending the National Renew- objection to the request of the gen- Energy Research Institute before able Energy Laboratory for its work of tleman from California? changing its name in 1991, NREL has promoting energy efficiency for 30 There was no objection. received many accolades and many years. Mr. MCNERNEY. Mr. Speaker, I yield awards. In the past 30 years, NREL has The Clerk read the title of the con- myself such time as I may consume. received 39 R&D 100 awards, as well as current resolution. I would first like to thank my good hundreds of Scientific and Technical The text of the concurrent resolution friend and colleague from Colorado Society honors and awards, Technology is as follows: (Mr. PERLMUTTER), the sponsor of this Transfer awards, and Department of H. CON. RES. 251 resolution, which recognizes the in- Energy and other agency awards. Whereas in 1977 the Solar Energy Research valuable contributions of the National NREL’s success has continued under Institute opened and was designated a Na- Renewable Energy Laboratory, or the leadership of its current director, tional Laboratory of the United States De- NREL. The gentleman from Colorado Dr. Dan Arvizu, who has made the partment of Energy; and I both share deep concern about transferring of technologies from the Whereas in September 1991 President our Nation’s dependence on imported lab to the marketplace a real priority. George H.W. Bush changed the institute’s It’s through this ‘‘technical transfer’’ name to the National Renewable Energy oil and the impact that fossil fuels Laboratory (‘‘NREL’’); have on our environment. that we see inventions and discoveries Whereas the NREL is the principal re- As someone who has worked at the at work in the real world and not sit- search laboratory for the United States De- national laboratory, I have spent many ting on a proverbial shelf collecting partment of Energy’s Office of Energy Effi- years at the laboratory working as an proverbial dust.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14184 CONGRESSIONAL RECORD — HOUSE December 5, 2007 As we have reached a time in our en- ways to change the way we power our critical participant in the Colorado Renewable ergy history that we are realizing more homes and businesses and fuel our cars. Energy Collaboratory Agreement, which also and more the importance of and the They have developed competitions for includes the University of Colorado at Boulder, place that renewable and alternative solar cars and energy efficient homes. the Colorado School of Mines and Colorado forms of energy have in our current In fact, many times the races have State University. The Collaboratory will not and future energy mix, NREL’s signifi- ended here in Washington, DC, and we only advance new energy research, but it will cance and prominence as a world leader have had on the mall these competi- also encourage quicker transfer of new tech- in this field is becoming increasingly tions among our colleges and brightest nology to energy businesses. For example, evident and appreciated. The resolu- kids as to how to make our buildings the new Colorado Center for Biorefining and tion before us today recognizes NREL more energy efficient. Biofuels, C2B2, partners NREL and the for its 30 years of service to our coun- NREL has worked to develop bio- Collaboratory with Colorado businesses to try. I am proud that such a facility ex- mass, solar, wind, geothermal, hydro- help reduce our dependence on foreign ists in this great country of ours. I gen, and the list goes on, types of re- sources of oil while researching commercially could only be prouder if it were in my newable energy, and it has worked on viable biofuel technologies. home State of Texas. both renewable energy for buildings, as NREL and its employees continue a tradi- I thank Dr. Arvizu and all the sci- I said, as well as renewable fuels for ve- tion of service to the community. Hundreds of entists and employees at NREL. You hicles. Now more than ever we must NREL employees have completed over 43 serve our country and serve our future seek ways to increase production of re- community service projects in the past 5 very well. newable energy and make our country years. NREL has focused community efforts Mr. Speaker, I urge my colleagues to more energy efficient, and NREL is for its 30th anniversary on helping the ‘‘Family support House Concurrent Resolution helping to do just that. By seeking and Tree’’ organization, which provides assistance 251. creating avenues to develop renewable to the homeless and victims of domestic vio- With that, I reserve the balance of energy and improve our energy effi- lence. my time. ciency, we can strengthen our national On a personal note, I have greatly enjoyed Mr. MCNERNEY. I thank the gen- security, protect our environment, and working with NREL scientists and staff, includ- tleman from Texas for his remarks. create thousands and thousands of new ing NREL’s former Director, Vice Admiral jobs. Mr. Speaker, I yield 5 minutes to the Richard Truly, and NREL’s current Director, I commend NREL on its work for the gentleman from Colorado (Mr. Dr. Dan Arvizu. I have great respect for both past 30 years, and I look forward to PERLMUTTER). men and look forward to continuing to work Mr. PERLMUTTER. Thank you, Mr. their work in the next 30 years. I thank the 1,200 current employees and the with Dr. Arvizu for many years to come. MCNERNEY, and I want to thank Mr. As the world demands sustainable energy HALL. All of you are supporting this past employees who helped make NREL the leader that it is today. I solutions in a new era of energy awareness, particular resolution, and it is one that I am confident that the talented scientists, en- is apropos for our time right now. We thank the gentleman from Texas and the gentleman from California as well gineers, and researchers at NREL will con- need to reduce our dependence on for- tinue to lead our country and the world for- eign oil, and the National Renewable as the Speaker for helping me with this bill and commending this laboratory ward in expanding and improving our energy Energy Lab, NREL, which is about resources. I join my colleagues in recognizing three blocks from my house, is the for the good work that it does. Mr. HALL of Texas. Mr. Speaker, I NREL for its 30 years of service and look for- leading organization in the world for ward to many years to come. developing energy efficiency tech- have no further requests for time, and I yield back the balance of my time. nologies and renewable energy tech- b 1330 Mr. MCNERNEY. Mr. Speaker, I don’t nologies. have any further speakers or any fur- Mr. MCNERNEY. Mr. Speaker, I yield Today, I rise to honor and commend ther comments, but I just want to back the balance of my time. that laboratory, which is the premier point out that NREL has done a fine The SPEAKER pro tempore. The in the country. In 1977 the Solar En- job. I want to see this institution and question is on the motion offered by ergy Research Institute opened and this government support and continue the gentleman from California (Mr. was designated a national laboratory of to support that kind of work that is MCNERNEY) that the House suspend the the Department of Energy. In 1991, going on in northern Colorado. rules and agree to the concurrent reso- President George Bush changed the in- Mr. UDALL of Colorado. Mr. Speaker, I rise lution, H. Con. Res. 251. stitute’s name to the National Renew- today in support of H. Con. Res. 251, to com- The question was taken; and (two- able Energy Lab, which I will call memorate the 30th anniversary of the National thirds being in the affirmative) the NREL. Renewable Energy Laboratory, NREL, in Colo- rules were suspended and the concur- NREL is the principal research lab- rado. The facility serves our Nation as the rent resolution was agreed to. oratory for the Department of Energy’s chief research laboratory for energy efficiency A motion to reconsider was laid on Office of Energy Efficiency and Renew- and renewable energy for the Department of the table. able Energy and also provides research Energy. As the co-chair of the Renewable En- f expertise for the Office of Science. ergy and Energy Efficiency Caucus, I am Changing our energy policy and devel- proud to celebrate this organization and its in- MAKING TECHNICAL CORRECTIONS oping a new direction for energy was valuable work to set our country on a course TO HIGHER EDUCATION ACT OF and is a high priority for Americans towards sustainable energy practices. 1965 across the country. We must reduce The range of research areas at NREL is re- Mrs. MCCARTHY of New York. Mr. our dependency on foreign oil and we markable; from hydrogen-storing carbon Speaker, I move to suspend the rules must increase our supply of renewable nanotubes for fuel cell-powered vehicles to ar- and pass the Senate bill (S. 2371) to energy. We cannot afford the status chitectural computer design tools for low-en- amend the Higher Education Act of quo any longer. ergy construction to ‘‘smart windows’’ which 1965 to make technical corrections, as Leadership in the House on both automatically tint in order to cut the cost of air amended. sides of the aisle has shown this under- conditioning, NREL has developed cutting- The Clerk read the title of the Senate standing for the increase in renewable edge technology for 30 years. NREL’s Na- bill. energy and energy efficiency across the tional Wind Technology Center, located in my The text of the Senate bill is as fol- country, and for the first time in a district, has helped push forward development lows: long time this Congress passed a budg- of more efficient and economic wind turbines, S. 2371 etary increase to the Office of Energy which are critical to making the wind industry Be it enacted by the Senate and House of Rep- Efficiency and to the Office of Science an important player in our Nation’s energy resentatives of the United States of America in so that NREL can continue its vital markets. NREL will continue to be a leader on Congress assembled, and important research and develop- important research and development in these SECTION 1. DEFINITION OF UNTAXED INCOME ment in these particular areas. critical areas. AND BENEFITS. NREL has advanced our national en- NREL continues to be an important re- (a) AMENDMENT.—Section 480(b) of the ergy goals by developing innovative source for the people of Colorado. NREL is a Higher Education Act of 1965 (20 U.S.C.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14185 1087vv(b)) is amended by striking paragraph reflect congressional intent when im- untaxed income and benefit items that (2) and inserting the following: plementing the law. are to be included in the needs analysis ‘‘(2) The term ‘untaxed income and bene- Mr. Speaker, during this Congress we formula for purposes of determining fits’ shall not include— have made significant commitments to what a family can actually pay for ‘‘(A) the amount of additional child tax credit claimed for Federal income tax pur- our Nation’s students and families by their child’s education. It also ensures poses; putting resources into the hands of that borrowers selecting the new in- ‘‘(B) welfare benefits, including assistance those that need it the most. come-based repayment plan will not under a State program funded under part A The College Cost Reduction and Ac- face a penalty simply because they are of title IV of the Social Security Act and aid cess Act as passed and signed by the married. Finally, the bill also provides to dependent children; President does more to help Americans technical amendments to the TEACH ‘‘(C) the amount of earned income credit pay for college than any other effort Grant program. claimed for Federal income tax purposes; since the GI Bill, at no new cost to tax- There are several other important ‘‘(D) the amount of credit for Federal tax payers. on special fuels claimed for Federal income technical corrections in a bill that the tax purposes; Specifically, the legislation provided House passed prior to the Thanksgiving ‘‘(E) the amount of foreign income ex- a landmark investment of $20 billion in Day recess. The changes clarified that cluded for purposes of Federal income taxes; additional funding for Pell Grants, re- members of the Armed Forces Reserves or ductions in the interest rates on stu- are eligible for student loan deferments ‘‘(F) untaxed social security benefits.’’. dent loans, and the creation of pro- when they return home after serving (b) EFFECTIVE DATE.—This section and the grams to help students manage debt, as abroad. The House-passed bill also en- amendment made by this section shall take well as encourage individuals to pursue couraged families to adopt older chil- effect on July 1, 2009. public service. dren by permitting any student that SEC. 2. INCOME-BASED REPAYMENT FOR MAR- Providing this critical funding is a RIED BORROWERS FILING SEPA- was in foster care through the age of 13 RATELY. large part of our efforts to increase ac- to be treated as an independent stu- Section 493C of the Higher Education Act cess and affordability to higher edu- dent, even if the child was adopted of 1965 (20 U.S.C. 1098e) is amended by adding cation. Our work on reforming and after the age of 13. Unfortunately, most at the end the following: strengthening higher education is not of these changes will not be enacted be- ‘‘(d) SPECIAL RULE FOR MARRIED BOR- finished for this Congress. cause our colleagues on the other side ROWERS FILING SEPARATELY.—In the case of a I look forward to working with of the Capitol eliminated them from married borrower who files a separate Fed- Chairman MILLER and the rest of the eral income tax return, the Secretary shall the bill, despite the bipartisan support calculate the amount of the borrower’s in- Education and Labor Committee on the shown for these important reforms come-based repayment under this section reauthorization of the Higher Edu- here in the House. solely on the basis of the borrower’s student cation Act as it continues through the These reforms are technical in na- loan debt and adjusted gross income.’’. process. As passed by the Senate and ture, but their consequences will be SEC. 3. TEACH GRANTS TECHNICAL AMEND- amended in this bill, the technical far-reaching. Prior to the Thanks- MENTS. amendments contained in the bill clar- giving Day recess, the Education and Subpart 9 of part A of title IV of the Higher ify the definition of untaxed income Labor Committee unanimously passed Education Act of 1965 (20 U.S.C. 1070g et seq.) is and benefits to ensure it does not in- a bill to expand college access and af- amended— clude those items in the calculation (1) in section 420L(1)(B), by striking ‘‘sound’’ fordability. Consistent with that goal, and inserting ‘‘responsible’’; and that were removed from the list under this package of technical corrections (2) in section 420M— CCRAA; clarifies that married bor- will improve our financial aid pro- (A) by striking ‘‘academic year’’ each place it rowers’ income-based repayment pay- grams by clarifying the intent of the appears in subsections (a)(1) and (c)(1) and in- ments shall be determined solely on recently enacted College Cost Reduc- serting ‘‘year’’; and the individual borrower’s loan informa- tion and Access Act. I urge my col- (B) in subsection (c)(2)— tion and the individual’s income with- leagues to join me in supporting this (i) by striking ‘‘other student assistance’’ and out considering the spouse’s income or important measure. inserting ‘‘other assistance the student may re- any other loan debt that they may ceive’’; and Mr. Speaker, I yield back the balance (ii) by striking the second sentence. have if the married borrower files taxes of my time. separately; conforms language in the Mrs. MCCARTHY of New York. Mr. The SPEAKER pro tempore. Pursu- TEACH Grant Program to ensure ap- Speaker, in closing, I want to thank ant to the rule, the gentlewoman from propriate implementation. Chairman MILLER for his leadership on New York (Mrs. MCCARTHY) and the Mr. Speaker, swift passage of S. 2371, this important issue which will keep gentleman from Pennsylvania (Mr. as amended, will ensure that students costs down for our Nation’s students, PLATTS) each will control 20 minutes. and families will fully benefit from the and I urge each Member to support this The Chair recognizes the gentle- programs, funding, and intent provided reauthorization. woman from New York. in the College Cost Reduction and Ac- Mr. Speaker, I yield back the balance GENERAL LEAVE cess Act. I urge my colleagues to sup- of my time. Mrs. MCCARTHY of New York. Mr. port this provision. The SPEAKER pro tempore. The Speaker, I request 5 legislative days Mr. Speaker, I reserve the balance of question is on the motion offered by during which Members may insert ma- my time. the gentlewoman from New York (Mrs. terial relevant to S. 2371 into the Mr. PLATTS. Mr. Speaker, I yield MCCARTHY) that the House suspend the RECORD. myself such time as I may consume. rules and pass the Senate bill, S. 2371, The SPEAKER pro tempore. Is there Mr. Speaker, I rise in support of S. as amended. objection to the request of the gentle- 2371, a bill providing for technical The question was taken; and (two- woman from New York? changes to the College Cost Reduction thirds being in the affirmative) the There was no objection. and Access Act of 2007. This bill in- rules were suspended and the Senate Mrs. MCCARTHY of New York. Mr. cludes two necessary clarifications and bill, as amended, was passed. Speaker, I yield myself such time as I corrections to ensure that this act, a A motion to reconsider was laid on may consume. series of financial aid changes made the table. (Mrs. MCCARTHY of New York asked through this year’s budget reconcili- f and was given permission to revise and ation process, is implemented as Con- extend her remarks.) gress intended. PROTECTING OUR CHILDREN Mrs. MCCARTHY of New York. Mr. The bill before us today would make COMES FIRST ACT OF 2007 Speaker, I rise in support of the some, but not all, of the important Mrs. MCCARTHY of New York. Mr. amendment to S. 2371. This bill makes technical amendments that are needed Speaker, I move to suspend the rules technical corrections to the College to ensure that the Department of Edu- and pass the bill (H.R. 2517) to amend Cost Reduction and Access Act in order cation is able to put this law into place the Missing Children’s Assistance Act to ensure that the Department of Edu- in a manner consistent with congres- to authorize appropriations; and for cation and other relevant stakeholders sional intent. The bill clarifies the other purposes, as amended.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14186 CONGRESSIONAL RECORD — HOUSE December 5, 2007 The Clerk read the title of the bill. port information regarding the location of and patterns, and provide such information The text of the bill is as follows: any missing child, and request information to law enforcement agencies; H.R. 2517 pertaining to procedures necessary to re- ‘‘(N) provide training and assistance to law enforcement agencies in identifying and lo- Be it enacted by the Senate and House of Rep- unite such child with such child’s legal cus- cating non-compliant sex offenders; resentatives of the United States of America in todian; and ‘‘(O) facilitate the deployment of the Na- Congress assembled, ‘‘(ii) coordinate the operation of such tele- phone line with the operation of the national tional Emergency Child Locator Center to SECTION 1. SHORT TITLE. assist in reuniting missing children with This Act may be cited as the ‘‘Protecting communications system referred to in part C their families during periods of national dis- Our Children Comes First Act of 2007’’. of the Runaway and Homeless Youth Act (42 U.S.C. 5714-11); asters; SEC. 2. FINDINGS. ‘‘(P) operate a cyber tipline to provide on- Section 402 of the Missing Children’s As- ‘‘(B) operate the official national resource center and information clearinghouse for line users and electronic service providers an sistance Act (42 U.S.C. 5771) is amended to effective means of reporting Internet-related read as follows: missing and exploited children; ‘‘(C) provide to State and local govern- child sexual exploitation in the areas of— ‘‘SEC. 402. FINDINGS. ‘‘(i) possession, manufacture, and distribu- ‘‘The Congress finds that— ments, and public and private nonprofit agencies, and individuals, information re- tion of child pornography; ‘‘(1) each year thousands of children are ‘‘(ii) online enticement of children for sex- abducted or removed from the control of a garding— ‘‘(i) free or low-cost legal, restaurant, lodg- ual acts; parent having legal custody without such ‘‘(iii) child prostitution; ing, and transportation services that are parent’s consent, under circumstances which ‘‘(iv) sex tourism involving children; available for the benefit of missing and ex- immediately place the child in grave danger; ‘‘(v) extrafamilial child sexual molesta- ploited children and their families; and ‘‘(2) many missing children are at great tion; ‘‘(ii) the existence and nature of programs risk of both physical harm and sexual exploi- ‘‘(vi) unsolicited obscene material sent to a being carried out by Federal agencies to as- tation; child; sist missing and exploited children and their ‘‘(3) in many cases, parents and local law ‘‘(vii) misleading domain names; and families; enforcement officials have neither the re- ‘‘(viii) misleading words or digital images sources nor the expertise to mount expanded ‘‘(D) coordinate public and private pro- on the Internet; search efforts; grams that locate, recover, or reunite miss- ‘‘(4) abducted children are frequently ing children with their families; and subsequently to transmit such reports, including relevant images and information, moved from one locality to another, requir- ‘‘(E) disseminate, on a national basis, in- to the appropriate international, Federal, ing the cooperation and coordination of formation relating to innovative and model State or local law enforcement agency for local, State, and Federal law enforcement ef- programs, services, and legislation that ben- investigation; forts; efit missing and exploited children; ‘‘(Q) work with law enforcement, Internet ‘‘(5) growing numbers of children are the ‘‘(F) based solely on reports received by service providers, electronic payment service victims of child sexual exploitation, increas- the National Center for Missing and Ex- providers, and others on methods to reduce ingly involving the use of new technology to ploited Children (NCMEC), and not involving the distribution on the Internet of images access the Internet; any data collection by NCMEC other than and videos of sexually exploited children; ‘‘(6) children may be separated from their the receipt of those reports, annually provide ‘‘(R) operate a child victim identification to the Department of Justice’s Office of Ju- parents or legal guardians as a result of na- program in order to assist the efforts of law venile Justice and Delinquency Prevention— tional disasters such as hurricanes and enforcement agencies in identifying victims ‘‘(i) the number of children nationwide who floods; of child pornography and other sexual are reported to NCMEC as missing; ‘‘(7) sex offenders pose a threat to children; crimes; and ‘‘(ii) the number of children nationwide ‘‘(8) the Office of Juvenile Justice and De- ‘‘(S) develop and disseminate programs and who are reported to NCMEC as victims of linquency Prevention administers programs information to the general public, schools, non-family abductions; under this Act through the Child Protection public officials, youth-serving organizations, ‘‘(iii) the number of children nationwide Division, including programs which prevent and nonprofit organizations, directly or or address offenses committed against vul- who are reported to NCMEC as victims of pa- through grants or contracts with public nerable children and which support missing rental kidnappings; and agencies and public and private nonprofit or- children’s organizations; and ‘‘(iv) the number of children recovered na- ganizations, on— ‘‘(9) a key component of such programs is tionwide whose recovery was reported to ‘‘(i) the prevention of child abduction and the National Center for Missing and Ex- NCMEC; sexual exploitation; and ploited Children, which— ‘‘(G) provide, at the request of State and ‘‘(ii) internet safety.’’, and ‘‘(A) serves as a national resource center local governments, and public and private (2) in paragraph (2) by striking and clearinghouse; nonprofit agencies, guidance on how to fa- ‘‘$20,000,000’’ and all that follows through ‘‘(B) works in partnership with the Depart- cilitate the lawful use of school records and ‘‘2008’’, and inserting ‘‘$40,000,000 for fiscal ment of Justice, the Federal Bureau of Inves- birth certificates to identify and locate miss- year 2008 and such sums as may be necessary tigation, the United States Marshals Serv- ing children; for fiscal years 2009 through 2013’’. ice, the Department of the Treasury, the De- ‘‘(H) provide technical assistance and SEC. 4. AUTHORIZATION OF APPROPRIATIONS. partment of State, the Bureau of Immigra- training to law enforcement agencies, State Section 408(a) of the Missing Children’s As- tion and Customs Enforcement, the United and local governments, elements of the sistance Act (42 U.S.C. 5777(a)) is amended by States Secret Service, the United States criminal justice system, public and private striking ‘‘2007 through 2008’’ and inserting Postal Inspection Service, and many other nonprofit agencies, and individuals in the ‘‘2008 through 2013’’. agencies in the effort to find missing chil- prevention, investigation, prosecution, and SEC. 5. REPEALER. dren and prevent child victimization; and treatment of cases involving missing and ex- The Missing Children’s Assistance Act (42 ‘‘(C) operates a national network, linking ploited children; U.S.C. 5771 et seq.) is amended— the Center online with each of the missing ‘‘(I) provide assistance to families and law (1) by striking section 407, and children clearinghouses operated by the 50 enforcement agencies in locating and recov- (2) by redesignating section 408 as section States, the District of Columbia, and Puerto ering missing and exploited children, both 407. Rico, as well as with international organiza- nationally and, in cooperation with the De- SEC. 6. REPORT. tions, including Scotland Yard in the United partment of State, internationally; The Administrator of the Office of Juvenile Kingdom, the Royal Canadian Mounted Po- ‘‘(J) provide analytical support and tech- Justice and Delinquency Prevention shall, lice, INTERPOL headquarters in Lyon, nical assistance to law enforcement agencies not later than 180 days after the date of the France, and others, which enable the Center through searching public records databases enactment of this Act, in consultation with to transmit images and information regard- in locating and recovering missing and ex- the National Center for Missing and Ex- ing missing and exploited children to law en- ploited children and helping to locate and ploited Children and in coordination with forcement across the United States and identify abductors; the Federal Bureau of Investigation, submit around the world instantly.’’. ‘‘(K) provide direct on-site technical assist- to the Committee on Education and Labor of SEC. 3. DUTIES AND FUNCTIONS OF THE ADMIN- ance and consultation to law enforcement the House of Representatives and the Com- ISTRATOR. agencies in child abduction and exploitation mittee on Health, Education, Labor, and Section 404(b) of the Missing Children’s As- cases; Pensions of the Senate a report that in- sistance Act (42 U.S.C. 5773(b)) is amended— ‘‘(L) provide forensic technical assistance cludes— (1) by amending paragraph (1) to read as and consultation to law enforcement and (1) a plan to scale the pilot program de- follows: other agencies in the identification of un- scribed in section 108 of the PROTECT Act of ‘‘(1) IN GENERAL.—The Administrator shall identified deceased children through facial 2003 (Public Law 108–21), to serve youth-serv- annually make a grant to the Center, which reconstruction of skeletal remains and simi- ing organizations nationwide, including but shall be used to— lar techniques; not limited to, the cost of such a program ‘‘(A)(i) operate a national 24-hour toll-free ‘‘(M) track the incidence of attempted and the youth-serving organizations ex- telephone line by which individuals may re- child abductions in order to identify links pected to participate in such program,

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14187 (2) the suggested manner of program im- This legislation works to help pro- continue and we must reauthorize the plementation, tect not only children who go missing, Missing Children’s Assistance Act. (3) the estimated number of organizations but it also works to protect our chil- Before I close, I want to thank the to be served, dren who are sexually exploited, a hor- staff who worked on this reauthoriza- (4) the estimated cost to the proposed orga- tion: Abby Shannon in Mr. LAMPSON’s nizations served, and rendous thought for any of us to con- (5) any other information the Adminis- sider, and yet it is part of our reality. office, Deborah Kookbeck, Ruth Fried- trator considers necessary. The National Center for Missing and man, Denise Forte of the majority staff Exploited Children serves not only as a of the Committee on Education and The SPEAKER pro tempore. Pursu- national clearinghouse and resource Labor, and Kirsten Duncan and Susan ant to the rule, the gentlewoman from center on missing children but also Ross on the minority staff of the Com- New York (Mrs. MCCARTHY) and the serves that same purpose for exploited mittee on Education and Labor. gentleman from Pennsylvania (Mr. children. Among multiple programs, H.R. 2517 is bipartisan effort and I PLATTS) each will control 20 minutes. NCMEC operates as a CyberTipline for urge my colleagues to support the pas- The Chair recognizes the gentle- tips and leads on child sexual exploi- sage of this bill. woman from New York. tation. Mr. Speaker, I reserve the balance of GENERAL LEAVE The CyberTipline allows for citizens my time. Mrs. MCCARTHY of New York. Mr. and electronic communication pro- Mr. PLATTS. Mr. Speaker, I yield Speaker, I request 5 legislative days viders to report incidents of various myself such time as I may consume. during which Members may insert ma- types of child exploitation, including Mr. Speaker, I rise today in support terial relevant to H.R. 2517 into the online enticement of children for sex- of H.R. 2517, the Protecting Our Chil- RECORD. ual acts, child prostitution, and child dren Comes First Act of 2007, which The SPEAKER pro tempore. Is there pornography. This reauthorization ex- will amend the Missing Children’s As- objection to the request of the gentle- pands the reach of the CyberTipline to sistance Act to authorize appropria- woman from New York? include categories of exploitation that tions and for other purposes, and I There was no objection. connect with new technologies or ac- want to commend both the gentleman Mrs. MCCARTHY of New York. Mr. tivities. from Texas (Mr. LAMPSON) and the gen- Speaker, I yield myself such time as I I want to share a success story from tlewoman from New York (Mrs. may consume. the Child Victim Identification Pro- MCCARTHY), the chairwoman, for their (Mrs. MCCARTHY of New York asked gram at NCMEC. This program reviews leadership on this issue at the com- and was given permission to revise and child pornography to gain clues that mittee level and with the sponsorship extend her remarks.) will lead to the identification of a of the legislation. And also on my side Mrs. MCCARTHY of New York. Mr. child. of the aisle, I commend the gentle- Speaker, today I rise with my col- In this particular case in 2005, those woman from Illinois (Mrs. BIGGERT) league, the gentleman from Texas (Mr. reviewing these horrendous images also who will be speaking shortly for her LAMPSON), the sponsor of H.R. 2517, the found images of a young boy partially leadership on this very important Protecting Our Children Comes First clothed, including a photo of him in his issue. Act, and urge my colleagues to support Boy Scout uniform. They were able to b 1345 read the patches on his uniform and the reauthorization of the Missing Every year, thousands of children are Children’s Assistance Act. discovered he was in the Nassau Coun- ty Boy Scout Council, which I rep- abducted or go missing. In 1984, Con- I want to thank my colleague, Mr. gress recognized the need for greater LAMPSON, for his continued leadership resent here in this Congress. The pro- gram has set procedure which led them coordination of local, State, and Fed- on this issue. Mr. LAMPSON is founder eral efforts to recover these children, of the Missing Children’s Caucus and to contacting law enforcement, who identified this child and later arrested and established the Missing and Ex- has worked tirelessly to support the ploited Children’s Program under the National Center for Missing and Ex- a suspect. From this story, there are two points Missing Children’s Assistance Act. This ploited Children. His passion for pro- I want to make. First, this program act addresses the needs of missing, ab- tecting our Nation’s children inspires does wonderful, and yet very difficult, ducted, and sexually exploited chil- others to get involved and work to cre- work to protect and save children who dren. The program was created to co- ate safe places for our young people, in- are being exploited. Secondly, these ordinate and support various Federal cluding on the Internet. crimes happen everywhere. missing children’s programs through This bipartisan reauthorization con- Since its inception in 1984, NCMEC the Department of Justice’s Office of tinues the work of the Department of has received 173 reports of missing chil- Juvenile Justice and Delinquency Pre- Justice Office of Juvenile Justice and dren in Nassau County, New York, and vention, OJJDP, and includes the au- Delinquency Prevention Child Protec- 4,319 for New York State. Of those 4,319 thorization for the National Center for tion Division’s missing and exploited children who went missing, 4,146 were Missing and Exploited Children. children’s programs, including funding recovered. The National Center is a not-for-prof- for the National Center for Missing and H.R. 2517 strengthens the ability of it corporation mandated by Congress Exploited Children. the Department of Justice Office of Ju- which works in partnership with the Furthermore, this legislation con- venile Justice and Delinquency Preven- Department of Justice. The center is tinues the authorization for National tion and its programs, including the funded in part by Congress and in part Incidence Studies, known as National Center for Missing and Ex- by the private sector and serves as the ‘‘NISMART.’’ According to CRS, the ploited Children, to work to eradicate national resource center and clearing- first NISMART study ‘‘provided the child pornography, guide efforts for on- house for information on missing and first nationally representative, com- line safety for children and unite fami- exploited children. The National Cen- prehensive data on the incidence of lies. These programs also support the ter carries out many of the objectives missing children.’’ The second work of law enforcement, including of the Missing Children’s Assistance NISMART study resolved some meth- training law enforcement on multiple Act in collaboration with the Office of odological challenges of the first study, issues around missing, runaway, throw- Juvenile Justice and Delinquency Pre- and included runaway or throwaway away and sexually exploited children. vention. The National Center provides children as well. The Federal Bureau of Investigation, assistance to families and law enforce- These studies have helped law en- the United States Marshals, the United ment agencies in locating and recov- forcement, Federal agencies, and non- States Postal Inspectors, and the Bu- ering missing and exploited children, profits in their work to prevent chil- reau of Immigration and Customs En- both nationally and internationally. dren from going missing or to help forcement all have detainees at the Na- While the National Center receives children get home. Missing children tional Center for Missing and Exploited leads on abducted, runaway, and sexu- are some of our most vulnerable young Children. ally exploited youth and disseminates people, and this work is critical in pro- Until all children are safe from pred- this information to various investiga- tecting this population. ators in our society, this work must tive law enforcement units, the center

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14188 CONGRESSIONAL RECORD — HOUSE December 5, 2007 itself does not conduct the investiga- Each year, thousands of children are Justice’s missing and exploited chil- tion of these cases. abducted or removed from the control dren’s program and employs over 300 The National Center’s Federal fund- of a parent having legal custody with- people at its Alexandria, Virginia head- ing supports specific operational func- out that parent’s consent, under cir- quarters and its regional offices in tions mandated by Congress, including cumstances which immediately place California, Florida, Kansas, New York, a national 24-hour toll-free hot line; a the child in grave danger. and South Carolina. These regional of- distribution system for missing child Recent video surfaced in Nevada, for fices provide case management and photos; a system of case management example, of a young girl being mo- technical support in their geographic and technical assistance to law en- lested time and time again. Our atten- areas. And the Austin, Texas office is forcement and families; training pro- tion has also been captured by the scheduled to open in the very near fu- grams for Federal, State and local law mystery surrounding Baby Grace, an- ture. enforcement; and programs designed to other child who was murdered and put I would at this time like to recognize help stop the sexual exploitation of in a plastic box and dumped in Gal- those staffers who have worked so dili- children. veston, Texas, near my district. These gently in bringing this legislation to Today, more missing children come gruesome acts remind us that we must fruition: Committee on Education and home safely than ever before; however, do everything in our power to catch Labor staffers Denise Forte, Deborah there is still important work to be these creeps and protect our children. Koolbeck, and Ruth Friedman; Con- done. Hundreds of children still do not Many missing children are at great gresswoman JUDY BIGGERT’S staff- make it home each year, and many risk of both physical harm and sexual person Brian Colgan; and my staffers, more continue to be victimized by acts exploitation, and in many cases par- Dan Easley and Abby Shannon. I would of violence. In fact, children are the ents and local law enforcement offi- also like to extend a thank you to my most victimized segment of our society cials have neither the resources nor the very strong Republican colleague and and crimes committed against children expertise to mount expanded search ef- fellow caucus cochair, JUDY BIGGERT, of all ages are the most underreported forts. Abducted children are frequently for championing this legislation and so of any victim category. moved from one locality to another, re- much other similar legislation on her side of the aisle and for being such a The National Center for Missing and quiring the cooperation and coordina- tremendous benefit to America’s chil- Exploited Children has worked with tion of local, State, and Federal law dren. I want to especially thank Chair- law enforcement on more than 133,000 enforcement efforts. Growing numbers woman MCCARTHY. She herself is the missing child cases, and has played a of children are the victims of child sex- victim of family violence. She lost her role in reuniting more than 115,000 chil- ual exploitation increasingly involving husband in a violent crime. And Chair- dren with their families. With a 96.2 new technology to access the Internet. man MILLER for moving this legislation percent recovery rate, up from 62 per- Sex offenders pose a threat to children out of committee, and for their com- cent in 1990, the National Center has that increases as more offenders are re- mitment and leadership to provide analyzed more than 500,000 reports of leased into the Nation’s communities crimes against children on the Internet safety and security to America’s chil- each year. dren on playgrounds and on the Inter- and referred them to law enforcement, On May 24, I, along with my cochairs net. And Mr. Ernie Allen, the president resulting in hundreds of arrests and of the Congressional Missing and Ex- and CEO of the National Center; and successful prosecutions. ploited Children’s Caucus, introduced Today, law enforcement is respond- Robbie Callaway, the president and H.R. 2517. Since its establishment in ing more swiftly and effectively to re- CEO of the Boys and Girls Clubs. And 1984, the National Center has assisted ports of missing children. There is a John and Reve Walsh, who have been law enforcement with more than 137,600 national network in place, and parents with me all day today working on this missing child cases, resulting in the re- are more alert, more aware, and talk- legislation. They cofounded the Na- covery of more than 120,300 children. ing to their children about their safety. tional Center for Missing and Exploited The National Center’s congressionally With the changes made through this Children, and they have been fighting mandated CyberTipline, a reporting legislation, the Missing Children’s As- the good fight since the tragic abduc- sistance Act and the National Center mechanism for child sexual exploi- tion and murder of their son Adam in for Missing and Exploited Children will tation, has handled more than 540,000 July of 1981. Their courage and their continue their important efforts fo- phone calls and leads. strength, which has done so much to We are fortunate that this Nation has cused on protecting our vulnerable help millions of children throughout a national resource center and clear- missing children. the world, is extraordinary. Speaking Again, I thank the gentleman from inghouse such as the National Center on behalf of other parents and grand- for Missing and Exploited Children Texas (Mr. LAMPSON) for his sponsor- parents, we owe them our gratitude, ship of this bill. which works in partnership with the and we thank you. I reserve the balance of my time. Department of Defense, the Federal Again, I strongly urge my colleagues Mrs. MCCARTHY of New York. Mr. Bureau of Investigation, the United to support this much-needed legisla- Speaker, I am very pleased to yield States Marshals Service, the Depart- tion. It is time that we all step up to such time as he may consume to the ment of the Treasury, the Department protect our children by authorizing re- gentleman from Texas (Mr. LAMPSON) of State, the Department of Homeland sources for the National Center for who has been certainly at the forefront Security’s Bureau of Immigration and Missing and Exploited Children so chil- on trying to protect our children. I Customs Enforcement, the United dren are safer on and off the Internet, thank him for his work. States Secret Service, and many other where they are free to learn and grow. Mr. LAMPSON. I thank Chairwoman agencies in the effort to find missing Thank you all. I look forward to the MCCARTHY for the good work that she children and prevent child victimiza- support for this legislation. has done and for allowing me the time tion. The National Center operates a Mr. PLATTS. I yield 4 minutes to the to participate in this legislation and to national and increasingly worldwide gentlelady from Illinois (Mrs. bring it to the floor of the House of network and serves as a model for BIGGERT), who as has been referenced Representatives. It is critically impor- many other nations which are creating has been a true champion for pro- tant. similar nonprofits. tecting our Nation’s children. My colleagues, I rise today to ask The National Center provides activi- Mrs. BIGGERT. I thank the gen- you all to join me in voting for H.R. ties and services concerning missing tleman for yielding. And, Mr. Speaker, 2517, the Protecting Our Children children, including those abducted to I rise today to express my strong sup- Comes First Act of 2007. This bill or from the United States; exploited port for H.R. 2517, the Protecting Our amends the Missing Children’s Assist- children; training and technical assist- Children Comes First Act of 2007. I was ance Act to reauthorize the National ance; families of missing children; and very pleased to be a cosponsor of this Center for Missing and Exploited Chil- partnerships with State clearing- important bill which reauthorizes the dren and the Department of Justice’s houses, the private sector, as well as National Center for Missing and Ex- missing and exploited children’s pro- children’s organizations. It is a pri- ploited Children through fiscal year gram from 2008 to 2013. mary component of the Department of 2013.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14189 I would like to take a moment to cosponsor this bill reauthorizing the ranking member of the Subcommittee thank my fellow cochair of the Con- funding. We should commend Rep- on Healthy Families and Communities, gressional Missing and Exploited Chil- resentative LAMPSON for sponsoring Mr. PLATTS, for his continued dedica- dren’s Caucus and sponsor of the bill, this very important bill. tion to our work on the subcommittee. Representative LAMPSON, for his hard When a child is missing, the center is I chair the Subcommittee on Healthy work on child protection issues, and often the only source of hope to fami- Families and Communities for the Chairwoman MCCARTHY for her work in lies. This hope is rooted in the incred- Committee on Education and Labor, leading this bill through the com- ible success that the center has had in and each member of this subcommittee mittee. fulfilling its mission, which is to help is committed to helping the children of It seems like every time I open the prevent child abduction and sexual ex- this Nation. newspaper, I read another story of a ploitation as well as finding missing Our jurisdiction has led us to dealing child that has been abducted or has children. with some of the most upsetting and been sexually abused by a sexual pred- Since 1984, the center has helped law challenging issues around the welfare ator. Naperville, Illinois, in my dis- enforcement with more than 135,800 of our Nation’s children. And this reau- trict, a city that has twice been voted cases, resulting in recovery of more thorization is no exception. by Money Magazine as the top city in than 118,700 children. The services pro- None of us would like to even think the nation to raise children, has alone vided by the center never shined more about any children in our lives, wheth- experienced over 30 cases in the last 4 brightly than during one of our coun- er it’s our own children, our grand- years involving online sexual solicita- try’s darkest hours, the aftermath of children, our nieces or our nephews, tion of a child. Clearly, more can and Hurricane Katrina. Amidst the chaos any child in our lives going through must be done on this issue. This prob- and destruction in New Orleans and the missing or being sexually exploited. lem is not regional. It is not isolated to gulf coast, the center played a critical This is why this reauthorization is so big cities. It is not isolated to rural role in helping children return to their critical and why this reauthorization is communities. This is a real national families. If you take a moment to look a bipartisan endeavor. problem that will not go away until we at the center’s Web site, you will see Through cooperation with the munic- give organizations like the National success story after success story about ipal Federal agencies, the National Center for Missing and Exploited Chil- children being reunited with parents Center for Missing and Exploited Chil- dren the tools and the resources they and loved ones after harrowing experi- dren takes in an average of 258 calls per need to fulfill their mission and pro- ences in the storm. For those who had day to national hotlines. It has re- tect our children from current and already been through so much, the ceived 5,422 tips through the emerging threats. work of the National Center for Miss- CyberTipline, and has worked with Since authorized by Congress in 1984, ing and Exploited Children was truly a countless families and organizations to NCMEC has been extremely successful godsend. raise awareness and bring children to in this mission. In fact, NCMEC has re- b 1400 safety. This work would not have been ceived nearly 2.3 million telephone I only regret that this bill did not go possible without our work here today calls, printed and distributed nearly 43 in reauthorizing the Missing Children’s million publications, trained 231,000 through committee so that valuable amendments could have been offered. If Assistance Act through H.R. 2517 spon- law enforcement, criminal justice, and sored by my colleague from Texas, Mr. health professionals, worked more than this bill had been marked up, I would have taken that chance to insert lan- LAMPSON. 136,000 missing children cases, and, per- I urge each Member to support this haps most importantly, played a role guage from the Audrey Nerenberg Act, H.R. 271, which I introduced. reauthorization. We, as a Nation, can in reuniting more than 118,700 children do better to protect our children. And with their families. In fact, the Na- The Audrey Nerenberg Act would ex- pand the center’s mission to aid in the with that, I hope all of my colleagues tional Center’s child recovery rate is will certainly vote for this. an impressive 96.3 percent. recovery of missing adults who have For generations, the message was been certified with a mental capacity Ms. JACKSON-LEE of Texas. Mr. Speaker, simple. Parents told their children that of less than 18 years of age. That bill is I rise today in strong support of H.R. 2517, the they should never talk to strangers. named after Audrey Lynn Nerenberg, Protecting Our Children Comes First Act of My parents told me and I told my chil- who went for a walk on July 15, 1977, 2007, introduced by my good friend and col- dren. But times have changed. There and never came back. She was just 10 league Congressman LAMPSON. I would like to are more threats to our children today, months past her 18th birthday and has thank him for his ongoing commitment to the and our message must change with been missing for 30 years without a extremely important issue of protecting our technology. Similarly the role of the trace. Audrey suffered from mental ill- children, and I would also like to thank Chair- National Center has changed. ness, and although she was ill, the 18- man MILLER for his leadership in guiding this This is why we need this bill passed year-old was not searched for in a way legislation through the Committee on the Edu- on the floor today, to expand the Na- that a missing 8-year-old would have cation and Labor. I am extremely proud to join tional Center’s congressionally man- been. over 90 of my colleagues in cosponsoring this dated mission to include recent en- While I’m disappointed that this crucial, bipartisan legislation. hancements in technology and give amendment could not be offered, I cer- Mr. Speaker, the Protecting our Children them the resources to address these tainly continue to support the bill Comes First Act of 2007 reauthorizes the and other protective issues. that’s before us and the fine work of Missing Children’s Assistance Act through FY I urge my colleagues to support this the National Center for Exploited and 2013, and it will increase federal resources for bill. Missing Children. protecting and assisting missing children and Mrs. MCCARTHY of New York. Mr. Mrs. MCCARTHY of New York. I have their families. This legislation will provide the Speaker, I reserve the balance of my the right to close. resources to ensure that the National Center time. Mr. PLATTS. Mr. Speaker, I have no for Missing and Exploited Children can con- Mr. PLATTS. Mr. Speaker, I yield 3 more speakers. I will just urge a ‘‘yes’’ tinue its important work to combat child abduc- minutes to the distinguished gentle- vote and again commend the Members tion and exploitation. woman from Florida (Ms. GINNY and staff who have worked diligently As Chair of the Congressional Children’s BROWN-WAITE). on bringing this legislation to the Caucus, I have been an outspoken advocate Ms. GINNY BROWN-WAITE of Flor- floor, and look forward to its passage. for the protection of our children against all ida. I thank the gentleman. I yield back the balance of my time. predators, be it disease, natural disasters, or Mr. Speaker, I rise today in support Mrs. MCCARTHY of New York. Mr. sexual deviants. While we may not be able to of H.R. 2517, the Protecting Our Chil- Speaker, in closing, I want to thank avoid natural disasters, there is nothing but a dren Comes First Act of 2007. Mr. LAMPSON again for his leadership lack of political will and Congressional action The National Center for Missing and on this important reauthorization that prevents us from protecting our children Exploited Children does invaluable which works to keep our Nation’s chil- from known sexual predators. I am appalled work for our Nation, and I was proud to dren safe. And I want to also thank my that while the Department of Justice knows

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14190 CONGRESSIONAL RECORD — HOUSE December 5, 2007 the location of hundreds of thousands of sex- our children, as can be seen by the passage public through a facility or means of inter- ual predators that prey on our Nation’s chil- of numerous pieces of legislation that binds state or foreign commerce, obtains actual dren within the U.S. at this very moment, the our government to take meaningful action to- knowledge of any facts or circumstances de- scribed in paragraph (2) shall, as soon as rea- Department of Justice has consistently refused wards the protection of our children. I was a sonably possible— to take action or ask Congress for help de- proud cosponsor of the PROTECT Our Chil- ‘‘(A) complete and maintain with current spite the fact that law enforcement is inves- dren Act of 2007, introduced by my distin- information a registration with the tigating less than 2 percent of this criminal ac- guished colleague from Florida, Representa- CyberTipline of the National Center for tivity. I applaud this important piece of legisla- tive WASSERMAN-SCHULTZ, which passed the Missing and Exploited Children, or any suc- tion for the accountability it will create by House 415–2 last month. Our children are this cessor to the CyberTipline operated by such building the largest law enforcement army Nation’s most valuable asset and this legisla- center, by providing the mailing address, telephone number, facsimile number, elec- ever created for the protection of children. tion ensures that we will invest all the nec- tronic mail address of, and individual point While the child exploitation industry is global essary resources to provide them the protec- of contact for, such electronic communica- in scale, the majority of both supply and de- tion they deserve. tion service provider or remote computing mand is based right here, within the United This legislation is imperative to ensuring the service provider; and States. Due to the lack of attention to this protecting our Nation’s children by providing ‘‘(B) make a report of such facts or cir- issue by the Department of Justice, it is hard funding to those agencies with our children’s cumstances to the CyberTipline, or any suc- to quantify the number of child pornography best interest at heart. As the Chair of the Con- cessor to the CyberTipline operated by such traffickers that are involved in this gross viola- gressional Children’s Caucus, a Representa- center. ‘‘(2) FACTS OR CIRCUMSTANCES.—The facts tion of our children’s rights; the best estimates tive of the people of the United States, and a or circumstances described in this paragraph are that this practice involves 485,000 per- mother of two, I am proud to support this leg- are any facts or circumstances that appear petrators in the United States alone. A 2005 islation and I urge my colleagues to join me in to indicate a violation of— Justice Department study found that: supporting this legislation. ‘‘(A) section 2251, 2251A, 2252, 2252A, 2252B, 80 percent of child pornography possessors Mrs. MCCARTHY of New York. I or 2260 that involves child pornography; or have images and videos depicting sexual pen- yield back the balance of my time. ‘‘(B) section 1466A. etration. The SPEAKER pro tempore. The ‘‘(b) CONTENTS OF REPORT.—To the extent available to an electronic communication Twenty percent of child pornography pos- question is on the motion offered by service provider or a remote computing serv- sessors have images of bondage, sadistic the gentlewoman from New York (Mrs. ice provider, each report under subsection abuse, and torture. MCCARTHY) that the House suspend the (a)(1) shall include the following informa- Eighty-three percent of child pornography rules and pass the bill, H.R. 2517, as tion: possessors have images of children aged 6– amended. ‘‘(1) INFORMATION ABOUT THE INVOLVED INDI- 12. The question was taken. VIDUAL.—Information relating to the Inter- Nineteen percent of child pornography pos- The SPEAKER pro tempore. In the net identity of any individual who appears to sessors have images of infants or toddlers. have violated a Federal law in the manner opinion of the Chair, two-thirds being described in subsection (a)(2), which shall, to Only 1 percent of child pornography posses- in the affirmative, the ayes have it. the extent reasonably practicable, include sors restricted their ‘‘collecting’’ to images of Mrs. MCCARTHY of New York. Mr. the electronic mail address, website address, nude children. Speaker, on that I demand the yeas uniform resource locator, or any other iden- Law enforcement reports of websites pro- and nays. tifying information, including self-reported viding live ‘‘pay-per-view’’ rape of very young The yeas and nays were ordered. identifying information. children. The SPEAKER pro tempore. Pursu- ‘‘(2) HISTORICAL REFERENCE.—Information Mr. Speaker, we must act now to protect ant to clause 8 of rule XX and the relating to when any apparent child pornog- raphy was uploaded, transmitted, reported our children from these atrocities and this leg- Chair’s prior announcement, further islation is an important first step in doing so. to, or discovered by the electronic commu- proceedings on this motion will be nication service provider or remote com- The National Center for Missing and Exploited postponed. puting service provider, as the case may be,  Children’s (NCMEC) mission is to help pre- f including a date and time stamp and time vent child abduction and sexual exploitation; zone. help find missing children; and assist victims SECURING ADOLESCENTS FROM ‘‘(3) GEOGRAPHIC LOCATION INFORMATION.— of child abduction and sexual exploitation, EXPLOITATION-ONLINE ACT OF Information relating to the geographic loca- their families, and the professionals who serve 2007 tion of the involved individual, hosting them. Established in 1984, NCMEC is a non- Mr. CONYERS. Mr. Speaker, I move website, or uniform resource locator, which profit organization that provides crucial serv- shall include the Internet Protocol Address to suspend the rules and pass the bill or verified billing address, or, if not reason- ices nationwide for families and professionals (H.R. 3791) to modernize and expand the ably available, at least one form of geo- in the prevention of abducted, endangered, reporting requirements relating to graphic identifying information, including and sexually exploited children. child pornography, to expand coopera- area code or zip code. The information shall Mr. Speaker, as technology continues to tion in combating child pornography, also include any self-reported geographic in- evolve, there are continuously a new range of and for other purposes, as amended. formation. tools available to NCMEC to employ in its im- The Clerk read the title of the bill. ‘‘(4) IMAGES OF APPARENT CHILD PORNOG- portant work. In recent years, the Center’s The text of the bill is as follows: RAPHY.—Any image of any apparent child workload has expanded exponentially, largely pornography relating to the incident such re- H.R. 3791 port is regarding. due to the growth of the Internet. Ernie Allen, Be it enacted by the Senate and House of Rep- ‘‘(5) COMMINGLED IMAGES.—Any images, president and CEO of the National Center for resentatives of the United States of America in data, or other digital files (collectively re- Missing and Exploited Children, stated that it Congress assembled, ferred to as ‘digital files’) which are commin- anticipates in excess of 110,000 reports SECTION 1. SHORT TITLE. gled or interspersed among the images of ap- through the CyberTipline, which the public This Act may be cited as the ‘‘Securing parent child pornography. If it would impose may use to report Internet-related child sexual Adolescents From Exploitation-Online Act an undue hardship to provide these commin- exploitation, and provides technical assistance of 2007’’ or the ‘‘SAFE Act of 2007’’. gled digital files as part of the report, be- to individuals and law-enforcement agencies in SEC. 2. REPORTING REQUIREMENTS OF ELEC- cause of the volume of the digital files or for other reasons, the reporting company shall, the prevention, investigation, prosecution, and TRONIC COMMUNICATION SERVICE PROVIDERS AND REMOTE COM- in lieu of providing those digital files, inform treatment of cases involving missing and ex- PUTING SERVICE PROVIDERS. the CyberTipline of the existence of such ploited children, among other tasks. This is an (a) IN GENERAL.—Chapter 110 of title 18, digital files, and retain those digital files as increase of around 3,500 from last year. United States Code, is amended by inserting if they were part of the report as required Mr. Speaker, the National Center for Miss- after section 2258 the following: pursuant to subsection (h). ing and Exploited Children has proven a cru- ‘‘SEC. 2258A. REPORTING REQUIREMENTS OF ‘‘(c) FORWARDING OF REPORT TO LAW EN- cial tool in combating the exploitation and ab- ELECTRONIC COMMUNICATION FORCEMENT.— SERVICE PROVIDERS AND REMOTE ‘‘(1) IN GENERAL.—The National Center for duction of our Nation’s children. It is vital that COMPUTING SERVICE PROVIDERS. Missing and Exploited Children shall forward we continue to ensure that it continues to re- ‘‘(a) DUTY TO REPORT.— each report made under subsection (a)(1) to ceive the funding that it needs to carry out its ‘‘(1) IN GENERAL.—Whoever, while engaged any appropriate law enforcement agency des- mission. This Congress has taken a firm in providing an electronic communication ignated by the Attorney General under sub- stance on supporting legislation that protects service or a remote computing service to the section (d)(2).

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‘‘(2) STATE AND LOCAL LAW ENFORCEMENT.— ‘‘(E) to a defendant in a criminal case or use of motor vehicles, or personnel manage- The National Center for Missing and Ex- the attorney for that defendant, to the ex- ment. ploited Children may forward any report tent the information relates to a criminal ‘‘(d) MINIMIZING ACCESS.—An electronic made under subsection (a)(1) to an appro- charge pending against that defendant; communication service provider, a remote priate official of a State or political subdivi- ‘‘(F) to an electronic communication serv- computing service provider, and domain sion of a State for the purpose of enforcing ice provider or remote computing provider if name registrar shall— State criminal law. necessary to facilitate response to legal ‘‘(1) minimize the number of employees ‘‘(3) FOREIGN LAW ENFORCEMENT.—The Na- process issued in connection to that report. that are provided access to any image pro- tional Center for Missing and Exploited Chil- The electronic communication service pro- vided under section 2258A or 2258C; and dren may forward any report made under vider or remote computing service provider ‘‘(2) ensure that any such image is perma- subsection (a)(1) to any appropriate foreign shall be prohibited from disclosing the con- nently destroyed, upon notification from a law enforcement agency designated by the tents of that report to any person, except as law enforcement agency. Attorney General under subsection (d)(3), necessary to respond to the legal process; ‘‘SEC. 2258C. USE OF IMAGES FROM THE subject to the conditions established by the and CYBERTIPLINE TO COMBAT CHILD Attorney General under subsection (d)(3). ‘‘(G) as ordered by a court upon a showing PORNOGRAPHY. ‘‘(d) ATTORNEY GENERAL RESPONSIBIL- of good cause and pursuant to any protective ‘‘(a) IN GENERAL.—The National Center for ITIES.— orders or other conditions that the court Missing and Exploited Children is authorized ‘‘(1) IN GENERAL.—The Attorney General may impose. to provide elements relating to any image shall enforce this section. ‘‘(h) EVIDENCE PRESERVATION.— reported to its CyberTipline to an electronic ‘‘(2) DESIGNATION OF FEDERAL AGENCIES.— ‘‘(1) IN GENERAL.—For the purposes of this communication service provider or a remote The Attorney General shall designate section, the notification to an electronic computing service provider for the sole and promptly the Federal law enforcement agen- communication service provider or a remote exclusive purpose of permitting that elec- cy or agencies to which a report shall be for- computing service provider by the tronic communication service provider or re- warded under subsection (c)(1). CyberTipline of receipt of a report under sub- mote computing service provider to stop the ‘‘(3) DESIGNATION OF FOREIGN AGENCIES.— section (a)(1) shall be treated as notice to further transmission of images. Such ele- The Attorney General shall promptly— preserve, as if such notice was made pursu- ments may include unique identifiers associ- ‘‘(A) designate the foreign law enforcement ant to section 2703(f). ated with a specific image, Internet location agencies to which a report may be forwarded ‘‘(2) PRESERVATION OF REPORT.—Pursuant of images, and other technological elements under subsection (c)(3); to subsection (h)(1), an electronic commu- that can be used to identify and stop the ‘‘(B) establish the conditions under which nication service provider or a remote com- transmission of child pornography. such a report may be forwarded to such puting service shall preserve the contents of ‘‘(b) USE BY ELECTRONIC COMMUNICATION agencies; and the report provided pursuant to subsection SERVICE PROVIDERS AND REMOTE COMPUTING ‘‘(C) develop a process for foreign law en- (b) as well as the information in subsection SERVICE PROVIDERS.—Any electronic commu- forcement agencies to request assistance (c)(2) of section 2703 pertaining to the in- nication service provider or remote com- from Federal law enforcement agencies in volved individual for not less than 180 days puting service provider that receives ele- obtaining evidence related to a report re- after such notification by the CyberTipline. ments relating to an image from the Na- ferred under subsection (c)(3). ‘‘(3) AUTHORITIES AND DUTIES NOT AF- tional Center for Missing and Exploited Chil- ‘‘(e) FAILURE TO REPORT.—An electronic FECTED.—Nothing in this section shall be dren under this section may use such infor- communication service provider or remote construed as replacing, amending, or other- mation only for the purposes described in computing service provider that knowingly wise interfering with the authorities and du- this section, provided that such use shall not and willfully fails to make a report required ties under section 2703. relieve that electronic communication serv- under subsection (a)(1) shall be fined— ‘‘SEC. 2258B. LIMITED LIABILITY FOR ELEC- ice provider or remote computing service ‘‘(1) in the case of an initial knowing and TRONIC COMMUNICATION SERVICE provider from its reporting obligations under willful failure to make a report, not more PROVIDERS, REMOTE COMPUTING section 2258A. SERVICE PROVIDERS, OR DOMAIN than $150,000; and NAME REGISTRAR. ‘‘SEC. 2258D. LIMITED LIABILITY FOR THE NA- ‘‘(2) in the case of any second or subse- ‘‘(a) IN GENERAL.—Except as provided in TIONAL CENTER FOR MISSING AND quent knowing and willful failure to make a subsections (b) and (c), a civil claim or EXPLOITED CHILDREN. report, not more than $300,000. criminal charge against an electronic com- ‘‘(a) IN GENERAL.—Except as provided in ‘‘(f) PROTECTION OF PRIVACY.—Nothing in munication service provider, a remote com- subsections (b) and (c), a civil claim or this section shall be construed to require an puting service provider, or domain name reg- criminal charge against the National Center electronic communication service provider istrar, including any director, officer, em- for Missing and Exploited Children, includ- or a remote computing service provider to— ployee, or agent of such electronic commu- ing any director, officer, employee, or agent ‘‘(1) monitor any user, subscriber, or cus- nication service provider, remote computing of such center, arising from the performance tomer of that provider; service provider, or domain name registrar of the CyberTipline responsibilities or func- ‘‘(2) monitor the content of any commu- arising from the performance of the report- tions of such center, as described in this sec- nication of any person described in para- ing responsibilities of such electronic com- tion, section 2258A or 2258C of this title, or graph (1); or munication service provider, remote com- section 404 of the Missing Children’s Assist- ‘‘(3) affirmatively seek facts or cir- puting service provider, or domain name reg- ance Act (42 U.S.C. 5773), or from the effort cumstances described in subsection (a)(2). istrar under this section, section 2258A, or of such center to identify child victims may ‘‘(g) CONDITIONS OF DISCLOSURE INFORMA- section 2258C may not be brought in any Fed- not be brought in any Federal or State TION CONTAINED WITHIN REPORT.— eral or State court. court. ‘‘(1) IN GENERAL.—Except as provided in ‘‘(b) INTENTIONAL, RECKLESS, OR OTHER ‘‘(b) INTENTIONAL, RECKLESS, OR OTHER paragraph (2), a law enforcement agency that MISCONDUCT.—Subsection (a) shall not apply MISCONDUCT.—Subsection (a) shall not apply receives a report under subsection (c) shall to a claim if the electronic communication to a claim or charge if the National Center not disclose any information contained in service provider, remote computing service for Missing and Exploited Children, or a di- that report. provider, or domain name registrar, or a di- rector, officer, employee, or agent of such ‘‘(2) PERMITTED DISCLOSURES.—A law en- rector, officer, employee, or agent of that center— forcement agency may disclose information electronic communication service provider, ‘‘(1) engaged in intentional misconduct; or in a report received under subsection (c)— remote computing service provider, or do- ‘‘(2) acted, or failed to act— ‘‘(A) to an attorney for the government for main name registrar— ‘‘(A) with actual malice; use in the performance of the official duties ‘‘(1) engaged in intentional misconduct; or ‘‘(B) with reckless disregard to a substan- of that attorney; ‘‘(2) acted, or failed to act— tial risk of causing injury without legal jus- ‘‘(B) to such officers and employees of that ‘‘(A) with actual malice; tification; or law enforcement agency, as may be nec- ‘‘(B) with reckless disregard to a substan- ‘‘(C) for a purpose unrelated to the per- essary in the performance of their investiga- tial risk of causing injury without legal jus- formance of any responsibility or function tive and recordkeeping functions; tification; or under this section, section 2258A or 2258C of ‘‘(C) to such other government personnel ‘‘(C) for a purpose unrelated to the per- this title, or section 404 of the Missing Chil- (including personnel of a State or subdivi- formance of any responsibility or function dren’s Assistance Act (42 U.S.C. 5773). sion of a State) as are determined to be nec- under this section, section 2258A, or section ‘‘(c) ORDINARY BUSINESS ACTIVITIES.—Sub- essary by an attorney for the government to 2258C. section (a) shall not apply to an act or omis- assist the attorney in the performance of the ‘‘(c) ORDINARY BUSINESS ACTIVITIES.—Sub- sion relating to an ordinary business activ- official duties of the attorney in enforcing section (a) shall not apply to an act or omis- ity, including general administration or op- Federal criminal law; sion relating to an ordinary business activ- erations, the use of motor vehicles, or per- ‘‘(D) if the report discloses a violation of ity of an electronic communication service sonnel management. State criminal law, to an appropriate official provider, a remote computing service pro- ‘‘(d) MINIMIZING ACCESS.—The National of a State or subdivision of a State for the vider, or domain name registrar, including Center for Missing and Exploited Children purpose of enforcing such State law; general administration or operations, the shall—

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14192 CONGRESSIONAL RECORD — HOUSE December 5, 2007 ‘‘(1) minimize the number of employees to the cyber tip line of the National H.R. 3791 recognizes that advances in that are provided access to any image pro- Center of Missing and Exploited Chil- technology have made electronic com- vided under section 2258A; and dren when the provider learns of child munication service providers the first ‘‘(2) ensure that any such image is perma- pornography. The center serves as a line of defense against crimes against nently destroyed upon notification from a law enforcement agency. clearinghouse for leads and sends the children, possessing the real-time in- reports to law enforcement agencies formation critical to child pornography ‘‘SEC. 2258E. DEFINITIONS. ‘‘In sections 2258A through 2258D— around the United States and to the investigations. By requiring electronic ‘‘(1) the terms ‘attorney for the govern- Federal Bureau of Investigation. communication service providers to re- ment’ and ‘State’ have the meanings given Unfortunately though, many Inter- port this information to the those terms in rule 1 of the Federal Rules of net companies are unaware of these ob- CyberTipline as soon as reasonably Criminal Procedure; ligations, and the law is unclear as to possible and maintain this information ‘‘(2) the term ‘electronic communication the precise information that is re- for an investigation, this act, the service’ has the meaning given that term in quired to be reported to the center. SAFE Act, is giving Federal, State and section 2510; This bill addresses the aforementioned foreign law enforcement and prosecu- ‘‘(3) the term ‘electronic mail address’ has problems. tors a fighting chance to put these the meaning given that term in section 3 of First, it facilitates the reporting of the CAN–SPAM Act of 2003 (15 U.S.C. 7702); criminals away, no matter where they ‘‘(4) the term ‘Internet’ has the meaning child pornography from Internet serv- are located. given that term in section 1101 of the Inter- ice providers to the center by clari- And one of the things that I found net Tax Freedom Act (47 U.S.C. 151 note); fying the information that must be re- out in doing investigations into this ‘‘(5) the term ‘remote computing service’ ported. Then it specifies the data that particular area was the shocking fact has the meaning given that term in section must be maintained by the reporting that there are only 50 nations, includ- 2711; and company for law enforcement purposes. ing the United States, where child por- ‘‘(6) the term ‘website’ means any collec- And finally, it provides certain liabil- nography is illegal. Fifty nations. tion of material placed in a computer server- ity waivers for the center and Internet There are 184 nations around the world based file archive so that it is publicly acces- service providers for their roles in deal- sible, over the Internet, using hypertext where it’s perfectly legal to have, pos- transfer protocol or any successor pro- ing with child pornography as required sess, to convey child pornography. So tocol.’’. by law. Therefore, H.R. 3791 makes that’s something that I think we need (b) CONFORMING AMENDMENTS.— clear the precise reporting obligations to have some focus and some attention (1) REPEAL OF SUPERCEDED PROVISION.—Sec- of Internet providers and, in this way, directed upon, how much of the world, tion 227 of the Crime Control Act of 1990 (42 will facilitate the investigation and and that stuff gets in here through the U.S.C. 13032) is repealed. prosecution of child pornography and Internet. It may be in China, it may be (2) TABLE OF SECTIONS.—The table of sec- other crimes against children that in- in Pakistan, it may be somewhere else, tions for chapter 110 of title 18, United volve the Internet. I think this is an but it can be on our computers in our States Code, is amended by inserting after important measure. the item relating to section 2258 the fol- living rooms with our children very lowing: Mr. Speaker, I reserve the balance of quickly, so we need to do a much bet- my time. ter job on that, too. ‘‘2258A. Reporting requirements of electronic Mr. FORBES. Mr. Speaker, I’d like communication service pro- But I want to again thank Mr. viders and remote computing to, at this time yield so much time as LAMPSON for his leadership in this area, service providers. he may consume to the gentleman and I again want to urge my colleagues ‘‘2258B. Limited liability for electronic com- from Ohio, Congressman CHABOT, who to support H.R. 3791 today. munication service providers was an original cosponsor of this legis- Mr. CONYERS. Mr. Speaker, I’m and remote computing service lation. pleased now to recognize again NICK providers. Mr. CHABOT. Mr. Speaker, I rise in LAMPSON of Texas for the great work ‘‘2258C. Use of images from the CyberTipline support of H.R. 3791, the Securing Ado- he has done in this area. I yield him as to combat child pornography. lescents From Exploitation-Online Act much time as he may consume. ‘‘2258D. Limited liability for the National of 2007. The bill’s author, the distin- Center for Missing and Ex- But I do want to mention STEVE ploited Children. guished gentleman from Texas (Mr. CHABOT of the Judiciary Committee, ‘‘2258E. Definitions.’’. LAMPSON) and I have worked closely on who has worked with us all in the cre- The SPEAKER pro tempore. Pursu- several bills in strengthening our child ation of this legislation. ant to the rule, the gentleman from protection laws. Mr. LAMPSON. Mr. Speaker, I thank I also want to thank Chairman CON- the honorable Mr. CONYERS from Michi- Michigan (Mr. CONYERS) and the gen- YERS and also the gentleman from Vir- gan for yielding me the time and for tleman from Virginia (Mr. FORBES) ginia (Mr. FORBES) for their leadership the great work that you’ve done on the each will control 20 minutes. in this area as well. And I’m pleased to Judiciary Committee and particularly The Chair recognizes the gentleman be the principal cosponsor of this bill on this particular issue, and I thank from Michigan. with Mr. LAMPSON, particularly as it you for letting me be a part of this. GENERAL LEAVE provides law enforcement with better And for Mr. CHABOT, the work that he Mr. CONYERS. Mr. Speaker, I ask information to fight the despicable act has done on not just this, but other leg- unanimous consent that all Members of child pornography. islation having to do with child safety, have 5 legislative days to revise and ex- We don’t have to look any further child protection. tend their remarks, including extra- than our homes and our communities I rise today to ask my colleagues to neous material, on the bill under con- to see that predators are threatening join me in voting for H.R. 3791, the Se- sideration. and victimizing our children with just curing Adolescents From Exploitation- The SPEAKER pro tempore. Is there a simple click. The Internet, while pro- Online Act of 2007. This bill modernizes objection to the request of the gen- viding a world of opportunity to our and expands the reporting require- tleman from Michigan? children, has also contributed to a ments relating to child pornography There was no objection. worldwide expansion of child pornog- and expands cooperation in combating Mr. CONYERS. Mr. Speaker, I yield raphy enabling predators to more eas- child pornography. myself as much time as I may con- ily abuse, exploit and prey on our most Stories of Internet predators preying sume. precious items, and that’s our children. on innocents making their way into Members of the House, this measure, H.R. 3791 builds on the investigative our children’s bedrooms with the sim- H.R. 3791, called the SAFE Act, will tools already in place under the leader- ple click of a mouse, and they’re seen improve the ability of our law enforce- ship of the National Center for Missing and heard all too often in our media. ment officers to investigate offenses and Exploited Children. Through the The age of sweet 16 used to be about involving child pornography and the CyberTipline, the center plays a crit- parties and learning to drive, but now exploitation of children by the Inter- ical role interfacing between Federal, it marks the threshold of Internet free- net. State and foreign law enforcement and dom. Popular social networking Web Under current law, Internet service the public, providing valuable informa- sites allow profiles to be public, pro- providers are required to file a report tion in ongoing investigations. viding predators with an encyclopedia

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14193 of pictures, personal interests and even entertainment to educational, it also plicable to Internet service providers addresses, which they can be used, or poses many risks. Parents are the first to report violations of child pornog- they can use to cause harm. line of defense against online preda- raphy laws, and second, provide limited Well, this dangerous trend has be- tors, and the SAFE Act will reinforce liability to ISPs, telecommunications come a feeding ground for pedophiles their efforts. carriers, and the National Center for and convicted sex offenders. Parents, Internet companies will need to do Missing and Exploited Children in con- law enforcement and legislators must their part as well. When we begin to nection with the reporting to law en- work together to bring social net- hold Web sites accountable for the im- forcement agencies of child pornog- working Web sites into the fight to ages that they host, we’ve taken the raphy violations. protect America’s children. And I’ve first step toward supporting parents in This legislation is a good first step in joined with one of my cochairs of the their efforts to protect children. Our addressing the problem of child pornog- Missing and Exploited Children’s Cau- combined efforts will help make the raphy. However, there is much more cus, I just mentioned Mr. CHABOT, in Internet a safer place. that needs to be done. In February 2007, introducing the Securing Adolescents I again want to thank and recognize Judiciary Committee Ranking Member From Exploitation-Online, the SAFE some of the people who have worked so SMITH and I introduced H.R. 837, the Act. hard to make this legislation what it Internet SAFETY Act of 2007, a com- The SAFE Act provides increased re- has become, those staffers who have prehensive proposal to provide law en- sources for law enforcement to capture worked diligently in bringing this leg- forcement with the tools and resources and prosecute and incarcerate these islation to fruition: Committee on Ju- needed to deal with the problem of criminals. By expanding the system for diciary staffers Ted Kalo and Mark child pornography. Unfortunately, the service providers to report child por- Dubester; Congressman STEVE majority has chosen not to consider nography found on the systems, we im- CHABOT’s staffer Kim Betz; and my this vital proposal. I am hopeful that prove child safety and prevent future staffers, Dan Easley and Abby Shan- the majority will bring H.R. 837 up for atrocities. non, and a very special thank you to consideration by the Judiciary Com- Currently, Internet service providers my distinguished Republican col- mittee and then to the House floor. are mandated to report child pornog- league, STEVE CHABOT, who has worked Our children deserve as much protec- raphy to the National Center for Miss- tirelessly on the issue of child safety, tion as we can provide. They are vul- ing and Exploited Children. Under the working with me as one of the cochairs nerable victims of the child pornog- of the Congressional Caucus on Missing SAFE Act, all electronic service com- raphy industry. We need to do more. A and Exploited Children. I have great re- munications providers and remote first step is good, but we cannot stop spect for the work that he has done computing service providers will have here. We must keep moving forward to here in Congress as well as for the to report child pornography. For know- keep our children safe. work that he has done in his congres- ingly and willingly not filing a report Mr. Speaker, I yield back the balance sional district, and for championing after being made aware of a child por- of my time. this legislation on his side of the aisle nography image, these providers will Mr. CONYERS. Mr. Speaker, I yield and for helping to ensure that not only be subject to increased fines of $150,000 back the balance of my time. are Ohio’s children protected but all of per image per day for the first offense The SPEAKER pro tempore (Mr. America’s children are as well. and up to $300,000 per image per day for Once again, I would like to thank ROSS). The question is on the motion any image found thereafter. John and Reve Walsh for all the time offered by the gentleman from Michi- b 1415 that they have spent in helping us gan (Mr. CONYERS) that the House sus- pend the rules and pass the bill, H.R. This bill will also increase the effi- make this legislation successful, and Ernie Allen, who has spent, along with 3791, as amended. ciency of the CyberTipline, making it a The question was taken. better investigative tool for law en- the Walshes, a good part of this day making sure that others of our col- The SPEAKER pro tempore. In the forcement by mandating that all infor- opinion of the Chair, two-thirds being mation submitted by providers is con- leagues were aware of it, and to be will- ing to support it. I thank them for in the affirmative, the ayes have it. sistent. The process outlined in this Mr. CONYERS. Mr. Speaker, on that bill keeps law enforcement officials in their magnificent contribution that they’ve made to protecting children I demand the yeas and nays. the loop by making information more The yeas and nays were ordered. readily accessible and requires pro- across this world, not just in the United States of America. It’s because The SPEAKER pro tempore. Pursu- viders to retain key data that law en- ant to clause 8 of rule XX and the forcement agencies can use to inves- of their persistent dedication to this cause that so many of our children Chair’s prior announcement, further tigate and prosecute child predators. proceedings on this motion will be Over 10 years ago, I created the bi- sleep more safely at night. Again, I ask my colleagues to sup- postponed. partisan Congressional Caucus on Miss- port H.R. 3791. f ing and Exploited Children after a Mr. FORBES. Mr. Speaker, I yield MANAGING ARSON THROUGH young girl in my district was kid- myself such time as I may consume. napped and murdered. And since then, I Mr. Speaker, I rise today to join CRIMINAL HISTORY (MATCH) ACT have continued to work extensively those voices in support of H.R. 3791, the OF 2007 with organizations such as the Na- Securing Adolescents from Exploi- Mr. CONYERS. Mr. Speaker, I move tional Center for Missing and Exploited tation-Online Act of 2007, otherwise to suspend the rules and pass the bill Children on educating Members of Con- known as the SAFE Act. (H.R. 1759) to establish guidelines and gress and others on legislation such as Child pornography is a profitable, incentives for States to establish ar- the SAFE Act that strengthen the Na- global criminal enterprise and is grow- sonist registries and to require the At- tional Center’s ability to keep children ing rapidly in technical sophistication torney General to establish a national safer online and on our streets. in response to efforts to detect and dis- arsonist registry and notification pro- Many of us have watched Dateline’s rupt these criminal operations. It is gram, and for other purposes, as popular series ‘‘To Catch a Predator,’’ despicable in its scope and in its vi- amended. and organizations such as Perverted cious victimization of children. The Clerk read the title of the bill. Justice that actively look for Internet The Federal Bureau of Investigation The text of the bill is as follows: child predators. We need to become estimates that 50,000 child predators H.R. 1759 partners in this fight by talking with are online at any time searching for Be it enacted by the Senate and House of Rep- our children about the dangers of potential victims. The Internet is a vir- resentatives of the United States of America in strangers online and making Internet tual playground for sexual predators, Congress assembled, use a family activity. who satiate their desire for child por- SECTION 1. SHORT TITLE. While parents should teach their nography with relative anonymity. This Act may be cited as the ‘‘Managing children that the Internet may offer H.R. 3791, the SAFE Act, would, first Arson Through Criminal History (MATCH) many different types of resources, from of all, strengthen the requirements ap- Act of 2007’’.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14194 CONGRESSIONAL RECORD — HOUSE December 5, 2007 SEC. 2. ARSONIST REGISTRATION AND NOTIFICA- (IV) A physical description of the arsonist. (G) Any other information required by the TION PROGRAM. (V) The text of the provision of law defin- Attorney General. (a) REGISTRY REQUIREMENTS FOR JURISDIC- ing the criminal offense related to arson for (d) DURATION OF REGISTRATION REQUIRE- TIONS.— which the arsonist is convicted. MENT; EXPUNGING REGISTRIES OF INFORMA- URISDICTION TO MAINTAIN A REGISTRY (1) J .— (VI) A set of fingerprints and palm prints TION FOR CERTAIN JUVENILE CRIMINAL Each jurisdiction shall establish and main- of the arsonist. ARSONISTS.— tain a jurisdiction-wide arsonist registry (VII) A photocopy of a valid driver’s li- (1) DURATION OF REGISTRATION REQUIRE- conforming to the requirements of this sec- cense or identification card issued to the ar- MENT.—A criminal arsonist shall keep the tion. sonist by a jurisdiction, if available. registration information provided under sub- (2) GUIDELINES AND REGULATIONS.—The At- (VIII) Any other information required by section (c) current for the full registration torney General shall issue guidelines and the Attorney General. period (excluding any time the arsonist is in regulations to interpret and implement this (iii) NOTICE REQUIRED.—The guidelines custody). For purposes of this subsection, section. under clause (i) shall provide notice to each the full registration period— (b) REGISTRY REQUIREMENTS FOR CRIMINAL criminal arsonist included in an arsonist reg- (A) shall commence on the later of the date ARSONISTS.— istry pursuant to this subparagraph of such on which the arsonist is convicted of an of- (1) IN GENERAL.—A criminal arsonist shall inclusion. register, and shall keep the registration cur- fense of arson in violation of the laws of the (5) STATE PENALTY FOR FAILURE TO COM- rent, in each jurisdiction where the arsonist jurisdiction in which the offense was com- PLY.—Each jurisdiction, other than a Feder- resides, where the arsonist is an employee, mitted or the United States, the date on ally recognized Indian tribe, shall provide a and where the arsonist is a student. For ini- which the arsonist is released from prison for tial registration purposes only, a criminal criminal penalty that includes a maximum such conviction, or the date on which such arsonist shall also register in the jurisdic- term of imprisonment that is greater than arsonist is placed on parole, supervised re- tion in which convicted if such jurisdiction one year for the failure of a criminal arson- lease, or probation for such conviction; and is different from the jurisdiction of resi- ist to comply with the requirements of this (B) shall be— dence. section. (i) five years for an arsonist who has been UTHORITY TO EXEMPT CERTAIN CRIMINAL (2) INITIAL REGISTRATION.—The criminal ar- (6) A convicted of such an offense for the first sonist shall initially register— ARSONISTS FROM REGISTRY REQUIREMENTS.—A time; (A) before completing a sentence of impris- jurisdiction shall have the authority to ex- (ii) ten years for an arsonist who has been onment with respect to the offense giving empt a criminal arsonist who has been con- convicted of such an offense for the second rise to the registration requirement; or victed of the offense of arson in violation of time; and (B) not later than 5 business days after the laws of the jurisdiction in which the of- (iii) for the life of the arsonist for an ar- being sentenced for that offense, if the crimi- fense was committed or the United States sonist who has been convicted of such an of- nal arsonist is not sentenced to a term of im- for the first time from the registration re- fense more than twice. prisonment. quirements under this section in exchange (2) EXPUNGING REGISTRIES OF INFORMATION (3) KEEPING THE REGISTRATION CURRENT.—A for such arsonist’s substantial assistance in FOR CERTAIN JUVENILE CRIMINAL ARSONISTS.— criminal arsonist shall, not later than 10 the investigation or prosecution of another (A) IN GENERAL.—In the case of a criminal business days after each change of name, res- person who has committed an offense. The arsonist described in subparagraph (B), a ju- idence, employment, or student status, ap- Attorney General shall assure that any regu- risdiction shall expunge the arson registry of pear in person in at least one jurisdiction in- lations promulgated under this section in- such jurisdiction of information related to volved pursuant to paragraph (1) and inform clude guidelines that reflect the general ap- such criminal arsonist as of the date that is that jurisdiction of all changes in the infor- propriateness of exempting such an arsonist 5 years after the last day of the applicable mation required for that arsonist in the ar- from the registration requirements under full registration period under paragraph (1). sonist registry involved. That jurisdiction this section. (B) CRIMINAL ARSONIST DESCRIBED.—For shall immediately provide the revised infor- (c) INFORMATION REQUIRED IN REGISTRA- purposes of subparagraph (A), a criminal ar- mation to all other jurisdictions in which TION.— sonist described in this subparagraph is a the arsonist is required to register. (1) PROVIDED BY THE ARSONIST.—A criminal criminal arsonist who— (4) APPLICATION OF REGISTRATION REQUIRE- arsonist shall provide the following informa- (i) was a juvenile tried as an adult for the MENTS.— tion to the appropriate official for inclusion offense giving rise to the duty to register; (A) IN GENERAL.—Except as provided in in the arsonist registry of a jurisdiction in and guidelines under subparagraph (B), the re- which such arsonist is required to register: (ii) was not convicted of any other crimi- quirements of this section, including the du- (A) The name of the arsonist (including nal felony during the period beginning on the ties to register and to keep a registration any alias used by the arsonist). first day of the applicable full registration current, shall apply only to a criminal arson- (B) The Social Security number of the ar- period under paragraph (1) and ending on the ist who was convicted of a criminal offense sonist. last day of the 5-year period described in sub- involving arson on or after the date of the (C) The address of each residence at which paragraph (A). enactment of this Act, and who was notified the arsonist resides or will reside. (C) APPLICATION TO OTHER DATABASES.—The of such duties and registered in accordance (D) The name and address of any place Attorney General shall establish a process to with subsection (f). where the arsonist is an employee or will be ensure that each entity that receives infor- (B) APPLICATION TO CRIMINAL ARSONISTS UN- an employee. mation under subsection (j) with respect to a ABLE TO COMPLY WITH PARAGRAPH (2).— (E) The name and address of any place criminal arsonist described in subparagraph (i) GUIDELINES.—The Attorney General where the arsonist is a student or will be a (B) shall expunge the applicable database of shall establish guidelines in accordance with student. such information as of the date that is 5 the provisions of this subparagraph for each (F) The license plate number and a descrip- years after the last day of the applicable full jurisdiction for the application of the re- tion of any vehicle owned or operated by the registration period under paragraph (1). quirements of this section to criminal arsonist. (e) ANNUAL VERIFICATION.—Not less than arsonists convicted before the date of the en- (G) Any other information required by the once in each calendar year during the full actment of this Act or the date of its imple- Attorney General. registration period, a criminal arsonist re- mentation in such a jurisdiction, and shall (2) PROVIDED BY THE JURISDICTION.—The ju- quired to register under this section shall— prescribe rules for the registration of any risdiction in which a criminal arsonist reg- (1) appear in person at not less than one ju- such criminal arsonists who are otherwise isters shall ensure that the following infor- risdiction in which such arsonist is required unable to comply with paragraph (2). mation is included in the registry for such to register; (ii) INFORMATION REQUIRED TO BE INCLUDED arsonist: (2) allow such jurisdiction to take a cur- IN REGISTRY.—With respect to each criminal (A) A physical description of the arsonist. rent photograph of the arsonist; and arsonist described in clause (i) convicted (B) The text of the provision of law defin- (3) while present at such jurisdiction, during the 10-year period preceding the date ing the criminal offense for which the arson- verify the information in each registry in of the enactment of this Act, the guidelines ist is registered. which that arsonist is required to be reg- under clause (i) shall provide for the inclu- (C) The criminal history of the arsonist, istered. sion in the arsonist registry of each applica- including the date of all arrests and convic- (f) DUTY TO NOTIFY CRIMINAL ARSONISTS OF ble jurisdiction (and, in accordance with sub- tions; the status of parole, probation, or su- REGISTRATION REQUIREMENTS AND TO REG- section (j), the provision by such jurisdiction pervised release; registration status; and the ISTER.— to each entity described in such subsection) existence of any outstanding arrest warrants (1) IN GENERAL.—An appropriate official of the following information: for the arsonist. shall, shortly before release of a criminal ar- (I) The name of the arsonist (including any (D) A current photograph of the arsonist. sonist from custody, or, if the arsonist is not alias used by the arsonist). (E) A set of fingerprints and palm prints of in custody, immediately after the sentencing (II) The Social Security number of the ar- the arsonist. of the arsonist for the offense giving rise to sonist. (F) A photocopy of a valid driver’s license the duty to register— (III) The most recent known address of the or identification card issued to the arsonist (A) inform the arsonist of the duties of the residence at which the arsonist has resided. by a jurisdiction. arsonist under this section and explain those

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14195 duties in a manner that the arsonist can un- shall note that any action in violation of the istered criminal arsonists in each jurisdic- derstand in light of the arsonist’s native lan- previous sentence may result in a civil or tion on a current basis; guage, mental capability, and age; criminal penalty. (C) full compliance with the requirements (B) ensure that the arsonist understands (h) NATIONAL CRIMINAL ARSONIST REG- of this section; and the registration requirement, and if so, re- ISTRY.— (D) communication of information as re- quire the arsonist to read and sign a form (1) IN GENERAL.—The Attorney General quired under subsection (j). stating that the duty to register has been ex- shall maintain a national database at the (3) DEADLINE.—The Attorney General shall plained and that the arsonist understands Bureau of Alcohol, Tobacco, Firearms and make the first complete edition of this soft- the registration requirement; Explosives for each criminal arsonist. The ware available to jurisdictions not later than (C) if the arsonist is unable to understand database shall be known as the National Ar- two years after the date of the enactment of the registration requirements, the official sonist Registry. this Act. shall sign a form stating that the arsonist is (2) ELECTRONIC FORWARDING.—The Attor- (m) PERIOD FOR IMPLEMENTATION BY JURIS- unable to understand the registration re- ney General shall ensure (through the Na- DICTIONS.— quirements; and tional Arsonist Registry or otherwise) that (1) DEADLINE.—To be in compliance with (D) ensure that the arsonist is registered. updated information about a criminal arson- this section, a jurisdiction shall implement (2) NOTIFICATION OF CRIMINAL ARSONISTS ist is immediately transmitted by electronic this section before the later of— WHO CANNOT COMPLY WITH PARAGRAPH (1).— forwarding to all relevant jurisdictions. (A) three years after the date of the enact- The Attorney General shall prescribe rules (i) NATIONAL ARSONIST INTERNET SITE.— ment of this Act; or to ensure the notification and registration of (1) IN GENERAL.—The Attorney General (B) one year after the date on which the criminal arsonists in accordance with para- shall establish and maintain a national ar- software described in subsection (l) is made graph (1) who cannot be notified and reg- sonist Internet site. The Internet site shall available to such jurisdiction. istered at the time set forth in paragraph (1). include relevant information for each crimi- (2) EXTENSIONS.—The Attorney General (g) ACCESS TO CRIMINAL ARSONIST INFORMA- nal arsonist. The Internet site shall allow may authorize not more than two one-year TION THROUGH THE INTERNET.— law enforcement officers and fire safety offi- extensions of the deadline under paragraph (1) IN GENERAL.—Except as provided in this cers to obtain relevant information for each (1). subsection, each jurisdiction shall make such arsonist by a single query for any given (n) FAILURE OF JURISDICTION TO COMPLY.— available on the Internet, in a manner that zip code or geographical radius set by the (1) IN GENERAL.—For any fiscal year after is readily accessible to law enforcement per- user in a form and with such limitations as the deadline described in subsection (m), a sonnel and fire safety officers located in the may be established by the Attorney General jurisdiction that fails, as determined by the jurisdiction, all information about each and shall have such other field search capa- Attorney General, to substantially imple- criminal arsonist in the registry. The juris- bilities as the Attorney General may pro- ment this section shall not receive 10 percent diction shall also include in the design of its vide. of the funds that would otherwise be allo- cated for that fiscal year to the jurisdiction Internet site all field search capabilities (2) PROHIBITION ON ACCESS BY THE PUBLIC.— needed for full participation in the National Information about a criminal arsonist shall under subpart 1 of part E of title I of the Om- criminal arsonist Internet site established not be made available under paragraph (1) on nibus Crime Control and Safe Streets Act of under subsection (i) and shall participate in the Internet to the public. 1968 (42 U.S.C. 3750 et seq.). that Internet site as provided by the Attor- (j) NOTIFICATION PROCEDURES.—Under an (2) STATE CONSTITUTIONALITY.— ney General in regulations which comply arsonist registration program established by (A) IN GENERAL.—When evaluating whether with this paragraph. a jurisdiction pursuant to subsection (a), im- a jurisdiction has substantially implemented (2) PROHIBITION ON ACCESS BY THE PUBLIC.— mediately after a criminal arsonist registers this section, the Attorney General shall con- Information about a criminal arsonist shall or updates a registration, an appropriate of- sider whether the jurisdiction is unable to not be made available under paragraph (1) on ficial in the jurisdiction shall provide the in- substantially implement this section be- the Internet to the public. formation in the registry (other than infor- cause of a demonstrated inability to imple- (3) MANDATORY EXEMPTIONS.—A jurisdic- mation exempted from disclosure by this ment certain provisions that would place the tion shall exempt from disclosure on the section or by the Attorney General) about jurisdiction in violation of its constitution, Internet site of the jurisdiction described in that offender to the following entities: as determined by a ruling of the jurisdic- paragraph (1), with respect to information (1) The Attorney General, who shall in- tion’s highest court. about a criminal arsonist— clude that information in the National Ar- (B) EFFORTS.—If the circumstances arise (A) any information about the arsonist in- sonist Registry. under subparagraph (A), then the Attorney volving conviction for an offense other than (2) Appropriate law enforcement agencies General and the jurisdiction involved shall the offense or offenses for which the arsonist (including probation agencies, if appropriate) make good faith efforts to accomplish sub- is registered; in each area in which the offender resides, is stantial implementation of this section and (B) any information about the arsonist if an employee, or is a student. to reconcile any conflicts between this sec- the arsonist is participating in a witness pro- (3) Each jurisdiction where the offender re- tion and the jurisdiction’s constitution. In tection program and the release of such in- sides, is an employee, or is a student, and considering whether compliance with the re- formation could jeopardize the safety of the each jurisdiction from or to which a change quirements of this section would likely vio- arsonist or any other individual; and of residence, employment, or student status late the jurisdiction’s constitution or an in- (C) any other information identified as a occurs. terpretation thereof by the jurisdiction’s mandatory exemption from disclosure by the (k) ACTIONS TO BE TAKEN WHEN CRIMINAL highest court, the Attorney General shall Attorney General. ARSONIST FAILS TO COMPLY.—Under an arson- consult with the chief executive and chief (4) OPTIONAL EXEMPTIONS.—A jurisdiction ist registration program established by a ju- legal officer of the jurisdiction concerning is authorized to exempt from disclosure on risdiction pursuant to subsection (a), an ap- the jurisdiction’s interpretation of the juris- the Internet site of the jurisdiction described propriate official of the jurisdiction shall no- diction’s constitution and rulings thereon by in paragraph (1), with respect to information tify the Attorney General and appropriate the jurisdiction’s highest court. about a criminal arsonist— law enforcement agencies of any failure by a (C) ALTERNATIVE PROCEDURES.—If a juris- (A) the name of an employer of the arson- criminal arsonist to comply with the re- diction is unable to substantially implement ist; and quirements of the arsonist registry for such this section because of a limitation imposed (B) the name of an educational institution jurisdiction, and shall revise the registry to by the jurisdiction’s constitution, the Attor- where the arsonist is a student. reflect the nature of such failure. The appro- ney General may determine that the juris- (5) CORRECTION OF ERRORS.—The Attorney priate official, the Attorney General, and diction is in compliance with this section if General shall establish guidelines for each each such law enforcement agency shall take the jurisdiction has made, or is in the proc- jurisdiction for a process to seek correction any appropriate action to ensure compli- ess of implementing, reasonable alternative of information included in the Internet site ance. procedures or accommodations, which are established by the jurisdiction pursuant to (l) DEVELOPMENT AND AVAILABILITY OF consistent with the purposes of this section. paragraph (1) in the case that an individual REGISTRY MANAGEMENT AND WEBSITE SOFT- (3) REALLOCATION.—Amounts not allocated contends such information is erroneous. WARE.— under a program referred to in this sub- Such guidelines shall provide for an ade- (1) DUTY TO DEVELOP AND SUPPORT.—The section to a jurisdiction for failure to sub- quate period following the date on which the Attorney General shall, in consultation with stantially implement this section shall be individual has knowledge of the informa- the jurisdictions, develop and support soft- reallocated under that program to jurisdic- tion’s inclusion in the Internet site for the ware to enable jurisdictions to establish and tions that have not failed to substantially individual to seek such correction of infor- operate uniform arsonist registries and implement this section or may be reallo- mation. Internet sites. cated to a jurisdiction from which they were (6) WARNING.—An Internet site established (2) CRITERIA.—The software described in withheld to be used solely for the purpose of by a jurisdiction pursuant to paragraph (1) paragraph (1) should facilitate— implementing this section. shall include a warning that information on (A) immediate exchange of information (4) RULE OF CONSTRUCTION.—The provisions the site is to be used for law enforcement among jurisdictions; of this section that are cast as directions to purposes only and may only be disclosed in (B) access over the Internet to appropriate jurisdictions or their officials constitute, in connection with such purposes. The warning information, including the number of reg- relation to States, only conditions required

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14196 CONGRESSIONAL RECORD — HOUSE December 5, 2007 to avoid the reduction of Federal funding actment of this Act is eligible for a bonus educational institution (whether public or under this subsection. payment in addition to the amount of grant private), including a secondary school, trade (5) EXCEPTION FOR FAILURES TO RECEIVE funds available to such jurisdiction under or professional school, and institution of CRIMINAL ARSONIST MANAGEMENT ASSISTANCE subsection (a). The Attorney General may, higher education. PROGRAM GRANTS.—For any fiscal year for with respect to a jurisdiction, make such a The SPEAKER pro tempore. Pursu- which a jurisdiction submits an application bonus payment to the jurisdiction for the ant to the rule, the gentleman from to the Attorney General under subsection (b) first fiscal year beginning after the date such Michigan (Mr. CONYERS) and the gen- of section 3 for a grant under subsection (a) determination is made. The amount of the of such section and is not awarded any grant bonus payment shall be as follows: tleman from Virginia (Mr. FORBES) funding under such subsection such jurisdic- (1) In the case of a determination that the each will control 20 minutes. tion shall not be subject to paragraph (1). jurisdiction has substantially implemented The Chair recognizes the gentleman (o) ELECTION BY INDIAN TRIBES.— such section by a date that is not later than from Michigan. (1) ELECTION.— the date that is one year after the date of the GENERAL LEAVE (A) IN GENERAL.—A federally recognized In- enactment of this Act, 10 percent of the total Mr. CONYERS. Mr. Speaker, I ask dian tribe may, by resolution or other enact- grant funds available to the jurisdiction under subsection (a) for such fiscal year. unanimous consent that all Members ment of the tribal council or comparable have 5 legislative days to revise and ex- governmental body, elect to carry out this (2) In the case of a determination that the subtitle as a jurisdiction subject to its provi- jurisdiction has substantially implemented tend their remarks and include extra- sions. such section by a date that is later than one neous material on the bill under con- (B) IMPLEMENTATION.—If a tribe does not, year after the date of the enactment of this sideration. within one year of the enactment of this Act, Act, but not later than the date that is two The SPEAKER pro tempore. Is there make an election to take on these duties, it years after such date of enactment, 5 percent objection to the request of the gen- shall, by resolution or other enactment of of such total. tleman from Michigan? the tribal council or comparable govern- (d) AUTHORIZATION OF APPROPRIATIONS.—In There was no objection. mental body, enter into a cooperative agree- addition to any amounts otherwise author- Mr. CONYERS. Mr. Speaker, I yield ment to arrange for a jurisdiction to carry ized to be appropriated, there are authorized to be appropriated to the Attorney General, myself such time as I may consume. out any function of the tribe under this Act to be available to carry out this section, Mr. Speaker and Members of the until such time as the tribe elects to carry such sums as may be necessary for each of House, according to the United States out this Act. the fiscal years 2009 through 2014. Fire Administration, arson is the lead- (2) COOPERATION BETWEEN TRIBAL AUTHORI- SEC. 4. DEFINITIONS. ing cause of fire in the United States TIES AND OTHER JURISDICTIONS.— For purposes of this Act: (A) NONDUPLICATION.—A tribe subject to and annually results in over 2,000 inju- (1) CRIMINAL ARSONIST.—The term ‘‘crimi- this subtitle is not required to duplicate ries, more than 400 deaths, and $1.5 bil- nal arsonist’’ means an individual who is functions under this subtitle which are fully lion in property damage. Even more convicted of any criminal offense for com- carried out by another jurisdiction or juris- mitting arson in violation of the laws of the problematic is the fact that arson is dictions within which the territory of the jurisdiction in which such offense was com- one of the most difficult crimes to tribe is located. mitted or the United States. Such term shall prosecute. Only 16 percent of inten- OOPERATIVE AGREEMENTS.—A tribe (B) C not include a juvenile who is convicted of tionally set fires result in arrests, and may, through cooperative agreements with such an offense unless such juvenile was only 2 percent result in conviction. such a jurisdiction or jurisdictions— tried as an adult for such offense. Although arson causes significant (i) arrange for the tribe to carry out any (2) ARSONIST REGISTRY.—The term ‘‘arson- losses in lives and property each year, function of such a jurisdiction under this ist registry’’ means a registry of criminal subtitle with respect to arsonists subject to there is no national registry requiring arsonists, and a notification program, main- convicted arsonists to notify law en- the tribe’s jurisdiction; and tained by a jurisdiction. (ii) arrange for such a jurisdiction to carry (3) CRIMINAL OFFENSE.—The term ‘‘criminal forcement of their residence, place of out any function of the tribe under this sub- offense’’ means a State, local, tribal, foreign, employment, or other information that title with respect to arsonists subject to the or military offense (to the extent specified would aid law enforcement in identi- tribe’s jurisdiction. by the Secretary of Defense under section fying offenders with a demonstrated (3) LAW ENFORCEMENT AUTHORITY IN INDIAN 115(a)(8)(C)(i) of Public Law 105–119 (10 U.S.C. disposition for committing arson of- COUNTRY.—Enforcement of this Act in Indian 951 note)) or other criminal offense. fenses, and that’s precisely what H.R. country, as defined in section 1151 of title 18, (4) EMPLOYEE.—The term ‘‘employee’’ in- United States Code, shall be carried out by 1759 does. We respond to several aspects cludes an individual who is self-employed or of the serious concerns presented by Federal, Tribal, and State governments works for any other entity, whether com- under existing jurisdictional authorities. pensated or not. arson. (p) IMMUNITY FOR GOOD FAITH CONDUCT.— (5) FIRE SAFETY OFFICER.—The term ‘‘fire To aid law enforcement in identi- The Federal Government, jurisdictions, po- safety officer’’ means— fying criminal activity related to litical subdivisions of jurisdictions, and their (A) a firefighter, as such term is defined in arson, we established the National agencies, officers, employees, and agents section 1204 of the Omnibus Crime Control shall be immune from liability for good faith Arson Registry, a comprehensive na- and Safe Street Act of 1968 (42 U.S.C. 3796b); conduct under this section. tionwide network of registry databases or (q) AUTHORIZATION OF APPROPRIATIONS.—In developed by the Attorney General addition to any amounts otherwise author- (B) an individual serving in an official ca- that tracks convicted arsonists. ized to be appropriated, there are authorized pacity as a firefighter, fire investigator, or The bill also requires jurisdictions to other arson investigator, as defined by the to be appropriated to the Attorney General, create arson registries and mandates to carry out subsections (h) and (i) of this jurisdiction for the purposes of this Act. (6) JURISDICTION.—The term ‘‘jurisdiction’’ that convicted arsonists register in section, such sums as may be necessary for each jurisdiction in which he or she re- each of the fiscal years 2009 through 2014. means any of the following: sides, is an employee, or is a student at SEC. 3. CRIMINAL ARSONIST MANAGEMENT AS- (A) A State. SISTANCE PROGRAM. (B) The District of Columbia. an educational institution. (a) IN GENERAL.—The Attorney General (C) The Commonwealth of Puerto Rico. And finally, the bill requires the Bu- shall establish and implement a Criminal Ar- (D) Guam. reau of Alcohol, Tobacco, Firearms, sonist Management Assistance program (in (E) American Samoa. and Explosives to coordinate the var- this section referred to as the ‘‘Assistance (F) The Northern Mariana Islands. ious databases through the National Program’’), under which the Attorney Gen- (G) The United States Virgin Islands. (H) To the extent provided and subject to Arson Registry and make the informa- eral shall award grants to jurisdictions to tion available to law enforcement offset the costs of implementing section 2. the requirements of section 2(o), a Federally (b) APPLICATION.—The chief executive of a recognized Indian tribe. agencies. Armed with this information, jurisdiction desiring a grant under this sec- (7) LAW ENFORCEMENT OFFICER.—The term law enforcement authorities will be tion, with respect to a fiscal year, shall for ‘‘law enforcement officer’’ has the meaning able to solve many more arson crimes each such fiscal year submit to the Attorney given such term in section 1204 of the Omni- than they are able to now. Knowing General an application in such form and con- bus Crime Control and Safe Street Act of that they’re registered with and known taining such information as the Attorney 1968 (42 U.S.C. 3796b). to local authorities may deter con- (8) RESIDES.—The term ‘‘resides’’ means, General may require. victed arsonists from committing new (c) INCREASED GRANT PAYMENTS FOR with respect to an individual, the location of PROMPT COMPLIANCE.—A jurisdiction that, as the individual’s home or other place where arson. determined by the Attorney General, has the individual habitually lives. This bill rightly enjoys broad bipar- substantially implemented section 2 not (9) STUDENT.—The term ‘‘student’’ means tisan support. I commend my col- later than two years after the date of the en- an individual who enrolls in or attends an leagues in the Judiciary Committee,

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14197 LAMAR SMITH and the floor manager of from California, Mr. ADAM SCHIFF, and ment for the purpose of committing an- the bill, and urge that we support legis- would grant him as much time as he other act of arson. lation whose time has come. may consume. When I was a prosecutor in the U.S. Mr. Speaker, I reserve the balance of Mr. SCHIFF. I thank the gentleman Attorney’s office in Los Angeles, I my time. for yielding. worked on an arson investigation that Mr. FORBES. Mr. Speaker, I yield Mr. Speaker, I rise today in support really brings to mind for me the merit myself such time as I may consume. of H.R. 1759, the Managing Arson of this bill. That case demonstrates Mr. Speaker, I rise in support of H.R. Through Criminal History Act, or the how an arsonist registry would be of 1759, the Managing Arson Through MATCH Act. This is legislation that great benefit. This was a situation Criminal History (MATCH) Act of 2007. my colleague, Congresswoman MARY where someone was setting a string of I want to first commend my col- BONO, and I introduced earlier this year fires in the San Bernardino forest. The leagues from California, Congress- to create a national registry of individual used a unique incendiary de- woman BONO and Congressman SCHIFF, arsonists that would give law enforce- vice that he could throw in the brush for their hard work on this legislation. ment officers an important tool to and drive far away before the brush My colleagues from California know track arsonists and share information would be ignited. They couldn’t catch all too well the devastation that arson across jurisdictions. the culprit in the act and eventually causes. The wildfires that burned I want to thank Mrs. BONO for her succeeded in tracking him down across much of southern California in leadership on this issue. I also want to through the use of video surveillance October killed 14 people and injured as thank the chairman of our committee and a complex investigation. The sus- many as 70 others. The fires touched for moving this bill through the com- pect was arrested and interviewed and over a half million acres from Los An- mittee and the majority leader for admitted to setting fires in the taped geles to the Mexican border and dis- bringing it before us today. interview. However, the tape recording placed 513,000 people from their homes. In October of this year, the Nation malfunctioned and the confession was Costs in San Diego County alone were saw the destruction caused by fires in lost along with most of the case. As we projected to exceed $1 billion. southern California. Over 1,500 homes pursued the investigation, we found a Sadly, just 2 weeks ago, another fire were destroyed, half a million acres of probation officer of the suspect from in Malibu, California destroyed 35 land burned, seven people died, and many years earlier who found his homes and forced the evacuation of more than 85 were injured, including 61 records in his basement storage. The hundreds of residents. Two of the Octo- firefighters. These brave heroes put file on the suspect detailed that many ber fires, the Santiago fire in Orange their lives on the line every day to pro- years earlier he had set fires using the County and the Buckweed fire in Los tect people, homes and wildlife. same incendiary device. When con- Angeles, we now know were set delib- b 1430 fronted with the evidence, the suspect erately. pled guilty. If we had a national arson- Many arsonists begin by starting The MATCH Act would create a na- ist registry at the time, we would have small fires and then escalate to larger tional registry and require convicted known of convicted arsonists who lived and larger fires to increase their sense arsonists to report where they live, in the region. We would have known of excitement. Unfortunately, only 17.1 work, and go to school. And the data- their modus operandi. We may have percent of arson offenses result in con- base would include photographs, finger- been able to stop him before he com- victions nationwide because the evi- prints, vehicle information and other mitted several later fires. Keeping your dence needed to convict these arsonists information on the arsonist. The records in the basement is not a suc- is often destroyed in the fire. length of time that an arsonist would cessful law enforcement strategy; the As arsonists become more sophisti- be required to register is based on how national arsonist registry created cated in their technique, identifying many acts of arson they have com- through the MATCH Act is. them and prosecuting them becomes mitted: 5 years for one offense, 10 years Again, I want to compliment my col- more challenging. Each year, an esti- for two, and lifetime for a serial arson- league MARY BONO. Thank you very mated 267,000 fires are caused by arson. ist who has committed three or more much for your leadership on this. It’s In recent years, arson has been used to offenses. The information would only very important to all Californians. burn churches and protest urban be made available to law enforcement And, Mr. Chairman, we are very sprawl. But the ongoing threat remains agencies, not the general public. Most grateful for your moving this bill those who set fires to get a rush and important, when a convicted arsonist through committee so quickly in such feed a compulsion. updates his or her information with a a bipartisan spirit. We may never be able to fully pre- change of residence, notification would Mr. FORBES. Mr. Speaker, it is now vent wildfires, but we can implement be sent to the appropriate law enforce- my privilege to yield such time as she tools to help prevent arsonists, par- ment agencies. may consume to the gentlewoman from ticularly serial arsonists, from eluding When arson has occurred, it’s critical California, Congresswoman BONO, who law enforcement and escaping punish- to find and find quickly the individual has worked so hard on this matter and ment. involved to prevent future acts of arson seen firsthand the effects arsonists can The MATCH Act creates a national and to prosecute the one responsible. have. arson registry and requires criminal Frequently arsonists use the same Mrs. BONO. Mr. Speaker, I am arsonists to report where they live, trademark tools, such as a unique in- pleased to rise in support of the Man- work, and go to school. In addition, the cendiary device, a manner of starting a aging Arson Through Criminal History, bill requires the national database to fire, or similar targets, such as houses or MATCH Act, H.R. 1759. include finger and palm prints and an of worship or even auto dealerships. In As a Member from California, I was up-to-date photograph. The MATCH a case where the arsonist may have heartened by the support that our dele- Act will assist law enforcement offi- come from one place or a State to com- gation received from this House during cials with identifying and appre- mit the act of arson, the information the tragic fires that recently swept hending arsonists, particularly serial in the database will give law enforce- through our State. As many of you arsonists and eco-terrorists. ment an important tool to identify know, some of those fires are being in- I want to once again thank Congress- convicted arsonists that may be con- vestigated as arson. But it was not woman BONO and Congressman SCHIFF nected to the very similar act of arson. these very recent events that inspired for working with the committee staff Most importantly, the registration can the legislation that we are considering to make a number of important bipar- also prevent future acts of arson by re- today. tisan changes to the original bill. quiring convicted arsonists to update Just a little over a year ago, my Mr. Speaker, I reserve the balance of their information when they move or community was devastated by what my time. change jobs or schools. In addition to was known as the Esperanza fire. This Mr. CONYERS. Mr. Speaker, I am putting law enforcement on notice, fire not only wreaked havoc on the sur- pleased to recognize a distinguished this also lets the convicted arsonists rounding land and homes, but ulti- member of the Judiciary Committee know they can’t hide from law enforce- mately cost the lives of five very brave

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14198 CONGRESSIONAL RECORD — HOUSE December 5, 2007 United States Forest Service fire- Mr. CONYERS. Mr. Speaker, it is my will be my pleasure to make sure that fighters. The fire that cost those men pleasure now to yield such time as he we consider the points that he has their lives was a result of a despicable may consume to the chairman of the made here this afternoon. act of arson. Crime Committee on the Judiciary, my So with that I am very pleased to Subsequent conversations with fire- good friend BOBBY SCOTT. urge the support of this measure that’s fighters and chiefs in my district led to Mr. SCOTT of Virginia. I thank the before us. I think it is important and the creation of this bill. They told me gentleman for yielding. timely and will be very constructive. how a central database would provide Mr. Speaker, arson is indeed a very Mr. Speaker, I yield back the balance them with invaluable information in serious problem, costing over $1 billion of my time. tracking arsonists and, more espe- in property damage annually and en- The SPEAKER pro tempore. The cially, serial arsonists. Clearly, more dangering the lives of citizens and es- question is on the motion offered by help is needed in the tracking of this pecially our firefighters. Arson has also the gentleman from Michigan (Mr. dangerous crime. Although arson fires one of the lowest arrest and conviction CONYERS) that the House suspend the account for the majority of the fires in rates, and law enforcement needs new rules and pass the bill, H.R. 1759, as the United States, the arrest and con- tools to enhance their capabilities to amended. viction rate is less than 20 percent. solve arson crimes. The question was taken; and (two- I can share statistic after statistic Unfortunately, the evidence pre- thirds being in the affirmative) the about the damage caused by arson, the sented in committee was that the rules were suspended and the bill, as millions of dollars lost and grand to- State of California already has a reg- amended, was passed. A motion to reconsider was laid on tals of people, but what those numbers istry similar to the one contemplated the table. fail to convey are the stories of indi- in the bill and no arsons have been viduals; the hundreds of families in solved by that database. f Southern California who will have no- Furthermore, Mr. Speaker, I would CONDEMNATION OF NOOSE where to celebrate the holidays this need to point out another concern I INTIMIDATION year or the veteran who lost his war have with H.R. 1759 in its current form. Mr. CONYERS. Mr. Speaker, I move medals and mementos before he could That concern relates to the treatment to suspend the rules and agree to the share them with his grandchildren, the of juveniles under the proposed bill. Ju- resolution (H. Res. 826) expressing the baby pictures, the refrigerator art, the veniles who are charged and convicted sense of the House of Representatives family rocking chair, the things that as adults for arson offenses would be that the hanging of nooses is a horrible no insurance policy could possibly re- required to register in the newly cre- act when used for the purpose of in- place and that no one else will ever ated arson offender registry. As re- timidation and which under certain truly understand. search clearly indicates, of all offend- circumstances can be a criminal act It is our duty as Members of Congress ers, juveniles are the least culpable due that should be thoroughly investigated to provide what tools and infrastruc- to immature brain development, and by Federal law enforcement authorities ture we can to aid in both the preven- they have the greatest capacity for re- and that any criminal violations tion of this crime and speedy apprehen- habilitation. Branding them as an of- should be vigorously prosecuted. sion of those who choose to commit it. fender in a State or national register is The Clerk read the title of the resolu- The MATCH Act combines the efforts not only improper, it’s counter- tion. of the Federal, State, and local govern- productive. The text of the resolution is as fol- ments to combat the crime of arson by Requiring young offenders to register lows: creating a national arson registry. The in a State or national offender data- H. RES. 826 registry requires criminal arsonists to base counters the concept of ensuring Whereas in the past two months, nooses report where they live, work and go to the proper development of juveniles be- have been found in a North Carolina high school. In addition to that information, cause it is inconsistent with rehabilita- school, a Home Depot in New Jersey, a Lou- the database will include finger and tive efforts. Although H.R. 1759 prop- isiana school playground, the campus of the palm prints of the arsonist and an up- erly ensures that only law enforcement University of Maryland, a Columbia Univer- to-date photograph. This legislation will have access to information on the sity professor’s office door and a factory in will provide an important tool to law registries, law enforcement officers Houston, Texas; enforcement officers by enabling them will undoubtedly use the information Whereas the Southern Poverty Law Center has recorded between 40 and 50 suspected to effectively track arsonists regard- to label and target youth for further hate crimes involving nooses since Sep- less of where they live and to share arrests. Once law enforcement has cer- tember; that information across jurisdictions. tain youngsters on their radar, those Whereas since 2001, the Equal Employment I, like all of my colleagues in this youngsters would be targets and more Opportunity Commission has filed more than House, am anxious to provide what likely to be arrested and prosecuted for 30 lawsuits that involve the displaying of tools and support we can to combat the even minor nonviolent conduct because nooses in places of employment; despicable crime of arson. It is my sin- law enforcement officials have their Whereas nooses are reviled by many Amer- cere belief that the MATCH Act will names on a list. icans as racist symbols of lynchings that make a meaningful difference in the In summary, I agree that law en- were once all too common; Whereas according to Tuskegee Institute, way we approach and deal with arson forcement needs effective tools to com- more than 4,700 people were lynched between offenders. bat the devastation of arson causes, 1882 and 1959 in a campaign of terror led by I would like to especially thank and I want to thank the gentlewoman the Ku Klux Klan; Chairman SCOTT and Ranking Member from California for her hard work in Whereas the number of dead lynching vic- FORBES of the Judiciary Subcommittee developing the bill and making many tims in the United States exceeds the on Crime, Terrorism, and Homeland improvements in the bill from its origi- amount of people killed in the horrible at- Security. They worked with me and my nal form. However, I still have con- tack on Pearl Harbor (2,333 dead) and Hurri- colleague Adam Schiff to ensure that cerns about the cost effectiveness of cane Katrina (1,836 dead) combined; and the legislation was expeditiously Whereas African-Americans, as well as the proposal in the bill as well as con- Italians, Jews, and Mexicans, have comprised moved through the legislative process cerns, the impact the legislation will the vast majority of lynching victims and and that concerns were addressed. I have on juvenile offenders. only when we erase the terrible symbols of would also like to thank Chairman Mr. FORBES. Mr. Speaker, I yield the past can we finally begin to move for- CONYERS and Ranking Member SMITH, back the balance of my time. ward: Now, therefore, be it along with their terrific staff and Mr. CONYERS. Mr. Speaker, I would Resolved, That it is the sense of the House Taryn Nader on my staff for their ef- close by holding out my hand of co- of Representatives that— forts and hard work in bringing this operation to my chairman of the Crime (1) the hanging of nooses is a horrible act when used for the purpose of intimidation bill before us today. Finally, I would Subcommittee because I know he has and which under certain circumstances can like to thank my good friend and col- been working carefully with the lead- be criminal; league ADAM SCHIFF for his partnership ers of this bill and we have accepted (2) this conduct should be investigated on this important issue. some of his recommendations, and it thoroughly by Federal authorities; and

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14199 (3) any criminal violations should be vigor- throughout our country. At Louisi- period of reconstruction following the ously prosecuted. ana’s Jena High School, nooses were Civil War, the infamous Ku Klux Klan The SPEAKER pro tempore. Pursu- hung from a tree that white students and others used lynching to strike fear ant to the rule, the gentleman from had regarded as their exclusive domain into the hearts of African Americans. Michigan (Mr. CONYERS) and the gen- for socializing after African Americans Lynchings were used to dehumanize tleman from Virginia (Mr. FORBES) sat under the tree. This sparked simi- their victims, who were often horribly each will control 20 minutes. lar incidents in schools across our Na- tortured and disfigured before they The Chair recognizes the gentleman tion. In New York City, an African were hung by a mob. from Michigan. American professor at Columbia Uni- Today, everyone should recognize GENERAL LEAVE versity found a noose hanging on her that the stark image of a dangling Mr. CONYERS. Mr. Speaker, I ask office door. In North Carolina, four noose, intended to intimidate and ter- unanimous consent that all Members nooses were found hanging at various rify, should be condemned in the have 5 legislative days in which to re- locations at High Point Andrews High strongest of terms. And those who are vise and extend their remarks and in- School. Universities in Maryland, Dela- ignorant of the terrifying history of clude extraneous material. ware and Indiana have reported noose the symbol of the dangling noose must The SPEAKER pro tempore. Is there incidents in recent months. In my own be educated, such that they understand objection to the request of the gen- State of Michigan, nooses were hung on its grotesque history and come to tleman from Michigan? the Central Michigan University cam- never see its use as a harmless prank. There was no objection. pus weeks after anti-Muslim pamphlets There have been a disturbing number Mr. CONYERS. Mr. Speaker, I yield had been distributed. of recent incidents in which nooses myself such time as I may consume. As this resolution calls upon Federal have been found under suspicious cir- Mr. Speaker and members of the authorities to investigate noose inci- cumstances. Those incidents are being committee, I am pleased to join my dents, I am heartened to note the Jus- investigated, and must be investigated. colleagues in support of House Resolu- tice Department’s efforts to address But we should also be aware that some tion 826, a resolution condemning the this problem. At an oversight hearing of these incidents may have been moti- hanging of nooses for the purpose of in- on the Jena 6 incident held earlier by vated by the perverse desire for pub- timidation, violence, and other crimi- the Judiciary Committee, the Depart- licity. On Sunday, the Baltimore Sun nal purposes. ment stated it viewed such noose hang- reported on a hoax in which a fire- Unfortunately, consideration of this fighter who reported finding a knotted resolution comes at a critical time for ings as possible violations of Federal civil rights law. rope and a threatening note with a our Nation. Many of us had thought drawing of a noose in an East Balti- the hanging of a noose, a symbol of ra- I commend my colleague from the State of Texas, our new Member, Al more station house last month had cial violence, hate, and intimidation placed the items there himself. down through history was a practice Green, who for his leadership on this issue should be really commended as an We also know of an instance in which relegated to our past. Since September, another symbol of hate, a swastika, however, there have been reports of ap- important contribution that he has made. And I would like to acknowledge was drawn on the door of a Jewish stu- proximately 50 noose-hanging incidents dent at George Washington University, across this country. It’s no coincidence the Judiciary Committee’s members on both sides of the aisle who helped ad- but she later confessed to drawing the that these disturbing incidents follow swastika herself after she was caught in the shadow of the Jena Six case, vance this resolution with their active support. The Committee on the Con- doing so on a security camera. which documents continuing racial in- We should recognize today that those stitution chairman, Jerrold Nadler; the equity in our Nation even into this who use symbols of hate for any im- Crime Committee chairman, Bobby century. proper reason, including to get atten- Scott; also our stellar members from As we all know, a hanging noose tion for one’s own cause, are contrib- North Carolina, Mel Watt; and from symbolizes lynching, one of the most uting just as much to an atmosphere of Texas, Sheila Jackson-Lee; from Cali- shameful, terror-ridden, racial crimes intimidation as those who do so moti- fornia, Maxine Waters; Wisconsin, in our history and which, sadly, can be vated by hate for another group. traced back to the very founding time Tammy Baldwin; Georgia, Hank John- Finally, I want to note that while I of the United States. son; Tennessee, Steve Cohen; Wis- support this resolution, one of its pro- First used to punish African slaves as consin, James Sensenbrenner; and visions states that any use of the noose early as the 17th century, the practice Texas, Louie Gohmert. These and symbol as a means of intimidation that of lynching was commonplace until, many others have been very helpful in constitutes a crime ‘‘should be vigor- I’m sorry to report, as late as 1968. Be- laying the groundwork for us to come ously prosecuted.’’ That provision tween 1882 and 1962, nearly 5,000 people, together to hearten not just the people should be viewed in light of the Depart- most of them African Americans, were in this country but our law enforce- ment of Justice’s policy on the Federal lynched in our country. ment agencies, particularly the De- prosecution of juveniles. There appears to be a resurgence in partment of Justice, in trying to re- Mr. Speaker, I urge a ‘‘yes’’ vote on the hanging of nooses for intimidation duce and indeed eliminate this unfortu- this, and I reserve the balance of my or other racist purposes. The Equal nate system of hate that is spreading, time. Employment Opportunity Commission, unfortunately, in our country. Mr. CONYERS. Could I ask my col- for example, has filed more than 30 I think we can head it off, and I hope league, the floor manager (Mr. lawsuits for hanging nooses in the with the passage of House Resolution FORBES), I would like to ask unani- workplace since the year 2001. The 826 that will be, in fact, accomplished. mous consent for 5 minutes more on commission observed ‘‘a disturbing na- Mr. Speaker, I reserve the balance of each side if that would be agreeable tional trend of increased racial harass- my time. with the gentleman. ment cases involving hangman’s nooses Mr. FORBES. Mr. Speaker, I yield Mr. FORBES. I would be happy to in the workplace.’’ myself such time as I may consume. agree to that. In October, a noose was found hang- Mr. Speaker, I support House Resolu- Mr. CONYERS. Mr. Speaker, I ask ing, of all places, in the Nassau County tion 826 to condemn the vicious act of that we have 5 additional minutes New York police headquarters locker hanging a noose with the intent to in- added to each side. room. Last month, hanging ropes were timidate and terrorize. Our country’s The SPEAKER pro tempore. Is there found in the United States Coast Guard tragic history of brutal, racially moti- objection to the request of the gen- Academy in the bag of an African vated lynchings will be forever associ- tleman from Michigan? American cadet and in the office of a ated with the vile symbol of the hang- There was no objection. diversity trainer. ing noose. Mr. CONYERS. I thank my colleague The noose was used to instill fear in the floor manager and my friends on b 1445 African Americans during our Nation’s the other side. Noose incidents are also occurring struggle to protect the civil rights of I am privileged now to recognize the with disturbing frequency in schools all Americans. During our country’s gentleman from Texas, who came to

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14200 CONGRESSIONAL RECORD — HOUSE December 5, 2007 me with this idea, Mr. AL GREEN, and I gentleman from Connecticut (Mr. limited to African Americans alone. will yield him 31⁄2 minutes. SHAYS). Historians have noted and documented Mr. AL GREEN of Texas. I thank Mr. SHAYS. Thank you for yielding at least 605 cases of Hispanic Ameri- Chairman CONYERS. I thank Ranking me time. cans who were lynched between 1848 Member LAMAR SMITH. I would like to There is no doubt in my mind that and 1928. According to the Tuskegee In- also thank the co-lead on this piece of intimidation by using a noose is a hor- stitute, more than 4,700 people were legislation, while it is a resolution, I rible, and must be considered a crimi- lynched between 1882 and 1959 in a cam- consider it to be a piece of legislation, nal act. I want to thank Congressman paign of terror led by the Ku Klux and that, of course, would be Rep- AL GREEN of Texas for offering this res- Klan. Also noted is that white individ- resentative LAURA RICHARDSON. I olution because it is critical that the uals were lynched during that same thank the floor manager, RANDY victims who have been targeted, all Af- time period, and of that 4,700, it is be- FORBES, all of the staff, and I espe- rican Americans, know that the U.S. lieved that at least one-fourth were cially thank the 60 persons that signed Congress and all the people of America white members. on as cosponsors of this resolution. strongly condemn this outrageous be- It is important to understand that Mr. Speaker, I am proud to have havior and encourage its vigorous pros- the noose can create a memory of pain sponsored H. Res. 826, the condemna- ecution. as noted by my colleague. It is a pain tion of noose intimidation. Noose in- In Jena, Louisiana, we have all seen that is often considered similar to timidation. It has received bipartisan the case of six black men who were ini- viewing a swastika. This is a terrible support, and it has received it because tially charged with attempted murder reminder to us all that intimidation, America is a country of hope, not hate. after a fight that was, in part, prompt- whether it be done in speech or in ac- In America, we celebrate our diversity. ed by the hanging of nooses by three tion or in symbols, should not be toler- We love knowing that we can live to- white students, none of whom were ated. gether and that we can have the kind prosecuted. b 1500 This blatant form of racism has be- of harmony and peace that America In my own district, just less than 20 come more and more common, as the has always promised all of its citizens. miles from my area, we had a recent resolution notes, with nooses being Noose intimidation has no place in incident at the Cal State Fullerton found in a North Carolina high school, America. Noose intimidation is the in- campus. This is a State campus where vidious hanging or displaying of a a Home Depot in New Jersey, a Lou- these acts of intimidation surfaced. noose for the purpose of intimidation, isiana school playground, the campus Regarding the first amendment, this humiliation, or denigration. When it is of the University of Maryland, a Co- resolution does nothing to impede an done under circumstances that may lumbia University professor’s office, a individual’s right to think or utilize constitute a crime, it ought to be in- factory in Houston, Texas, and in a po- the right to speak differently than an- vestigated. And if a crime has been lice department parking lot in Bridge- other. H. Res. 826 encourages the Fed- committed, it ought to be vigorously port, Connecticut. In my own home- eral Government to investigate vigor- prosecuted. town of Bridgeport, police sergeant Jo- ously and prosecute any noose hang- Recently nooses have been found in anne Meekins recently found a noose ings when they are done with the pur- North Carolina at a high school, New under her police car. pose to intimidate. Jersey at a Home Depot, Louisiana on As the local NAACP Chairman Craig I want to thank my colleague Mr. a school playground, and in Houston, Kelly rightly said in discussing this GREEN from Texas for his leadership on Texas, at a factory. Fifty to 60 inci- outrageous incident targeting Sergeant this issue, and also Chairman CONYERS dents involving nooses have been re- Meekins, ‘‘The noose has become the for dealing with this issue in such a ported since September 7. This is per new swastika or the new burning cross timely manner. the Southern Poverty Law Center. in this country and, unfortunately, Mr. FORBES. Mr. Speaker, I reserve Thirty more lawsuits have been filed people seek to relive that horror.’’ the balance of my time. by EEOC concerning nooses. Four Conduct like this must never be tol- Mr. CONYERS. The Chair is pleased thousand seven hundred persons were erated, which is why I am glad that to recognize the gentlelady from Cali- lynched. Many of these were Latinos, Congress is passing a bipartisan resolu- fornia, BARBARA LEE, who has graced Jewish Americans, Italian Americans tion against these actions and urging us with her presence in my district re- and African Americans. This was done swift prosecution and full penalties for cently, and we yield her 2 minutes. between 1882 and 1959. those who perpetrate these senseless Ms. LEE. Mr. Speaker, let me thank America is a country of hope, not acts. the chairman for his leadership and for hate. For this reason, we believe in the Our brothers and sisters throughout his friendship. Also I want to thank our words of the Pledge of Allegiance ‘‘lib- the country need to know that all colleague from Texas, Congressman AL erty and justice for all.’’ That is why Americans stand with them in con- GREEN, for introducing this very im- this legislation is important. We be- demning the act of hanging nooses as portant resolution and for your spirit lieve in the words in the Declaration of an attempt to intimidate and terrorize with which you have introduced this. Independence that all persons are cre- and that it must not be just condemned Racism is alive and well in America, ated equal and endowed by their Cre- but prosecuted to the full extent of the regardless of how we try to sweep it ator with certain inalienable rights, law. under the rug. It is tragic and very sad among them life, liberty and the pur- Mr. CONYERS. Mr. Speaker, it is that we need a resolution like this suit of happiness. That is why this res- now my pleasure to call my dear friend today, but the rash of noose hangings olution is important. and newest member to the Congres- across America reminds us that it is Dr. King reminded us that it is not sional Black Caucus, LAURA RICHARD- necessary. Clearly, there can be no bet- where you stand in times of comfort SON, to speak, and I recognize her for ter example of these tragic incidents and convenience but, rather, where you 21⁄2 minutes. than in the case of the Jena Six. stand in times of challenge and con- Ms. RICHARDSON. Part of what What does this say about our Nation troversy. I am so proud that my col- makes this Nation respected is our and the level of racism present when leagues have stood with us in these ability to acknowledge history, both we see an increase in these times of times of challenge and controversy to good and bad, and make the conscious hateful acts? As a child, I remember condemn noose intimidation. And I effort to not repeat those same mis- listening to these horror stories about close with these words from Dr. King. takes. the Klan and their terrorist acts, and He said, ‘‘It may be true that the law Make no mistake about it. The noose that is what this is. These are terrorist cannot make a man love me. But it can is an ugly symbol, and it is a painful acts against African Americans. And keep him from lynching me.’’ And I reminder of a time period where a piece today, I just shiver at the thought of a think that’s pretty important. of rope was used to administer criminal hanging noose and how intimidating God bless you, and I thank you. injustice and to intimidate an entire this is for anyone, any community, any Mr. FORBES. Mr. Speaker, it is my population. Likewise, it is important family whose race has been targeted privilege now to yield 3 minutes to the to note that the lynchings were not and has been terrorized by these acts.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14201 Every act of intimidation in the dis- to these incidents with determination ter had a hearing. It is unfortunate playing of nooses must be criminally and clarity, and H. Res. 826 is just one that in 2007 we have to have a hearing prosecuted. It is a horrible act. A noose positive step in that direction. on such matters, but as Mr. BACA, Mr. is a racist symbol. Mr. FORBES. Mr. Speaker, I reserve CUMMINGS and others have so well ex- On behalf of the more than 4,700 peo- the balance of my time. pressed, these are symbols of racial ha- ple who were lynched between 1882 and Mr. CONYERS. Mr. Speaker, I am tred, of intolerance and intimidation 1968, let us pass this resolution, H. Res. pleased now to call upon the Chair of and oppressive factors, trying to in- 826, today, and vigorously prosecute the Congressional Hispanic Caucus, the timidate people into not exercising those who continue to harass, intimi- Honorable JOE BACA of California, and their rights. Predominantly, these date and hang nooses in our country. I yield him 2 minutes. have been used against African Ameri- These acts of hate have no place in Mr. BACA. Mr. Speaker, I rise in sup- cans, but also against other ethnic mi- America. port of H. Res. 826, and I want to thank norities. Thank you, Mr. Chairman. Thank the Chair for his leadership on this Growing up, one of the stories I heard you Congressman GREEN for allowing issue. I want to thank my good friend about many times was a man named us the privilege to say ‘‘no’’ to racism Congressman AL GREEN for his efforts Leo Frank. Leo Frank was accused and once again in America. in raising this bipartisan awareness on unjustly convicted of a crime in Geor- Mr. FORBES. Mr. Speaker, I reserve this outrageous issue. This is the year gia, taken out of his jail in 1915 in the balance of my time. 2007, and yet we continue to see the Marietta, Georgia, and hung by an Mr. CONYERS. Mr. Speaker, it is my hanging of nooses in America, that is angry mob. Mr. Frank was later found pleasure to recognize the former Chair shameful, as a form of intimidation by the courts and the Georgia system of the Congressional Black Caucus, and racial discrimination. of justice to have been illegally, im- ELIJAH CUMMINGS of Maryland, and we Every child has the right to attend properly convicted and was given a would grant him 2 minutes. school freely. They should not live in posthumous pardon, but a little too Mr. CUMMINGS. Mr. Speaker, today fear. And let me tell you, when this late. I rise in strong support of this legisla- happens, many of our children live in As with so many incidences with tion, and I thank my colleague Mr. that kind of a fear and that kind of in- lynchings throughout the South GREEN for sponsoring it. timidation, and that should not happen against different minorities that peo- As chairman of the Subcommittee on to our children, no matter who they ple didn’t understand and they showed the Coast Guard and Maritime Trans- are or what color they are. their ignorance by employing vigilante portation, I was recently outraged Every American has the right to a tactics to take the law into their own about an incident that happened at the workplace that is free from discrimina- hands, this couldn’t be rectified, be- Coast Guard Academy that has been tion and hate. We are all children of cause Mr. Frank was dead. This was an unfortunate part of our referenced here earlier where a noose God, and the Lord has taught us to love history. The Klan was a part of it, but was left in the bag of an African Amer- thy neighbor and treat each other with there were people beyond the Klan that ican cadet, and then a training diver- dignity and respect, not with hate or engaged in it. And rather than being sity officer, a noose was left in her bag discrimination acts like this, but with like the Statue of Liberty and wel- also. kindness and love. coming people to this country, this Following these incidents, I went to Nooses remind us of the dark chap- great land of opportunity where people the head of the Coast Guard, Admiral ters of the past; yet they continue to could pursue happiness and enjoy free- Thad Allen, and at my request he and be used to create fear today, to create dom, the symbol of the noose has told I visited the academy to remind the ca- fear today. There have been over 40 people you are not welcome, you are dets that despite their numerous ac- suspected hate crimes involving nooses not to exercise your rights, and you complishments, they will be judged by in the last 4 months. should be weary of trying to speak up their weakest link. I stressed that any As Chair of the Congressional His- and exercise your first amendment attack against our Nation’s defenders panic Caucus, I strongly support this rights and be what America is all weakens and endangers us all. resolution, because this type of hate af- I also talked to them about the about. fects all of our communities, not just This legislation needs to pass. When strength of our Nation as a free people the African American community, but nooses are displayed, they are anti- and of their decision to put on the uni- all of us. We should live without fear or American. They need to be inves- form of the United States Coast Guard, intimidation in this country and allow tigated for criminal enforcement by symbolizing their duty to defend and everyone to have that kind of freedom. our Justice Department, and they will, uphold the right of every person in our Over the years, more people have with this resolution’s passage. I thank Nation to live in freedom, security and died from lynching than there have Mr. GREEN for bringing it. I want to respect. been victims at Pearl Harbor, and say that, unfortunately, in my jurisdic- In my own life, I have learned many of them were African Americans, tion in Memphis, there was a situation through personal experience more Italians, Jewish and Mexican Ameri- in Germantown, Tennessee, where about the devastating impact of racial cans. three people at the Germantown Per- hatred than anyone should learn. And We stand together in solidarity to forming Arts Center recently in August this is what I know: Racism is an evil say the hanging of nooses will not be put a noose out. They were fired. They that seeks to destroy the possibility tolerated by anyone, anymore, for any should have been prosecuted as well. that exists in every human being. reason, and I urge my colleagues to do The noose does not belong in America. Mr. Speaker, in this time of integra- the right thing and support this resolu- Mr. FORBES. Mr. Speaker, I con- tion and prosperity, some have regret- tion. tinue to reserve the balance of my fully forgotten the negative stigma Mr. FORBES. Mr. Speaker, on this time. surrounding the noose and why it can- bill that I think is supported by vir- Mr. CONYERS. Mr. Speaker, I am not be displayed in jest. It is important tually every Member of this house, I pleased now to recognize the distin- to remind these few that over 4,700 peo- continue to reserve the balance of my guished gentleman from Louisiana, Mr. ple were lynched in the United States time. WILLIAM JEFFERSON, who has worked between 1882 and 1959. And while the Mr. CONYERS. Mr. Speaker, I am very hard on matters of racial justice majority of lynching victims were Afri- pleased now to recognize the gen- across his career in the Congress, and I can Americans, many Italians, Jews tleman from Tennessee, a distinguished yield him 2 minutes. and Mexicans have been lynched member of the House Judiciary Com- Mr. JEFFERSON. Mr. Speaker, throughout this Nation’s history as mittee, Mr. STEVE COHEN, 2 minutes. thank you, Mr. Chairman. I rise today well. Mr. COHEN. Mr. Speaker, I want to in strong support of H. Res. 826. I com- The noose is a symbol of oppression, thank the chairman and Mr. GREEN for mend Representative AL GREEN for hatred and intimidation for many ra- bringing this legislation. taking this timely and necessary step cial and ethnic groups, and we cannot It is my honor to serve on the House against the heinous act of noose hang- tolerate its display. We must respond Judiciary Committee, where this mat- ing, an act that can only be described

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14202 CONGRESSIONAL RECORD — HOUSE December 5, 2007 as one of racial discrimination and Mr. FORBES. With that advice, I intolerance, we must speak with a clear and hate. would just like to again encourage all loud voice and say the time has come for our Now is the time for the Congress to of our Members, and I believe every- Nation to no longer turn a blind eye to acts of address the well over 50 incidences of body stands in support of this resolu- hatred and intolerance. noose hangings that have occurred in tion, and I hope they will all vote in This legislation comes at a time when the the past 21⁄2 months. In my home State favor of it. hanging of nooses is making a resurgence of Louisiana, at least three have been With that, I yield back the balance of around the country. We all know about the reported: One in Jefferson Parish; one my time. case in Jena, LA, where a noose was hung in in St. Tammany Parish; and, of course, Mr. CONYERS. Mr. Speaker, I thank a school yard and resulted in the division of a the most infamous of all, one in Jena, the gentleman from Virginia, and I town along racial lines, and where six black Louisiana. yield finally to the Honorable STEPH- teenagers were arrested for beating a fellow Mr. Speaker, Professor Ogletree of ANIE TUBBS JONES of Ohio, a distin- white student after a series of racial disturb- Harvard Law School got it right when guished lawyer, prosecutor, judge, and ances. One of those students, Mychal Bell, in recent testimony before the House now a chairman in the House of Rep- just yesterday pled guilty to lesser charges Judiciary Committee relating to what resentatives, to close for us. after one of the largest civil rights protests in happened in Jena, he said in part, ‘‘We Mrs. JONES of Ohio. Mr. Chairman, years and the largest march in the South have failed at basic lessons of history if thank you for the privilege. since the 1960s. an American can blithely characterize They say some things bear repeating. This October, the Judiciary Committee held hanging nooses on a tree as an inno- These words bear repeating. hearings on the matter, to address those re- cent prank or practical joke, as some Southern trees bear strange fruit, sponsible for administering the laws governing officials in Jena have done. This is not Blood on the leaves and blood at the root, hate crimes. Unfortunately, as we have seen an act to be minimized, laughed off or Black bodies swinging in the southern since the events of Jena, nooses are being chalked up to childhood shenanigans.’’ breeze, hung in the halls of some our country’s most Strange fruit hanging from the poplar trees. distinguished institutions and businesses. At With nearly 5,000 people lynched from Pastoral scene of the gallant South, the late 1800s to the early 1900s, a noose The bulging eyes and the twisted mouth, Columbia University’s Teachers College, a today is a powerful symbol of pure bar- Scent of magnolias, sweet and fresh, noose was left on the doorknob of an African barism. Given the context, the noose to Then the sudden smell of burning flesh. American female professor. In Chicago, a an African American who knows his Here is fruit for the crows to pluck, noose was found at a Home Depot construc- history is nothing less than an expres- For the rain to gather, for the wind to suck, tion site. In Queens, New York, a woman was sion of hatred. It is, too, a warning of For the sun to rot, for the trees to drop, arrested after hanging a noose in her yard and impending violence and likely death. Here is a strange and bitter crop. threatening to hang her African American Indeed, this is the correct reading of The words of a songstress, but the neighbor’s child from it. In my own home state history and the correct context in words of the South, the words of Afri- of Texas, two students in Pearland hung a which to view the importance of this can Americans from across this coun- noose in their school parking lot. resolution. try and other ethnic groups. Seeing It is unfortunate that this Congress is taking The composition ‘‘Strange Fruit,’’ somehow in America we have begun to up this issue only after companies such as Mr. Speaker, written by Lewis Allan believe that this conduct is acceptable, Home Depot and Verizon, as well as colleges and originally sung by Billie Holiday, that we can hang nooses, we can do and universities across the country and nu- lays bare the savagery of lynching and crosses, we can do all kinds of things merous other institutions, have already spoken therefore what noose hanging means in against people without believing that against these acts with a loud and clear voice. real terms to African Americans. It it has some impact or that it can hurt. The time has come for the United States Con- reads: It hurts like a knife. It cuts like a gress to speak just as loudly and say we will ‘‘Southern trees bear strange fruit, knife. My mama from Alabama, my not tolerate these heinous acts. Blood on the leaves and at the root, daddy from Alabama, my in-laws from The symbol of the noose is powerful and of- Black bodies swinging in the south- Georgia, Alabama; the stories go on fensive. Thousands of African Americans have ern breeze, and on about how terrible nooses can been lynched in this country simply for being Strange fruit hanging from the pop- and have been. the ‘‘wrong’’ color. The incident of noose lar trees. America, this is the Congress saying hangings of Black America was not aberra- Pastoral scene of the gallant South, our sense is that this is terrible con- tional or occasional. At any moment in time, The bulging eyes and the twisted duct and that it should be criminalized. an African American could lose their life at the mouth, But, America, wake up. What if it were hands of an angry white mob, and the sym- Scent of magnolias, sweet and fresh, you that got the noose. What if it was bolism of the noose still hangs over this coun- Then the sudden smell of burning your grandfather or grandmother that try like a black cloud. The noose has come to flesh. was hung. What if they were required symbolize white supremacy and the subjuga- Here is the fruit for the crows to to hang on a tree and let the blood tion of an entire race of people. It has been pluck, suck and sip from them and crows used as a weapon against those who dared to For the sun to rot, for the trees to gnaw at them. It would be a terrible challenge their condition. It has been used as drop, situation for you. As one American to a weapon to silence the voice of those who Here is a strange and bitter crop.’’ another, you should cry for us, too. dared to speak out. The ritualistic, brutal, and Professor Ogletree concluded his tes- Let’s pass this legislation, ladies and public murders that took place with a noose timony by saying, ‘‘If all that emerges gentlemen. Let’s tell our country, let were done specifically to terrorize the African from these unfortunate events in Jena us tell the world that we will never, American community. The threat of lynching are educators more systematically in- ever allow such a thing or such conduct was used to prevent people from voting, forming community members and stu- to happen again. No more nooses. marching, protesting, getting an education, dents about the shameful history of Ms. JACKSON-LEE of Texas. Mr. Speaker, and even starting a business. The noose as lynching, this will be a positive step.’’ I rise today in strong support of H.R. 3845, in- sign of intimidation dates back to 1896 as a I agree, Mr. Chairman, but more is troduced by my distinguished colleague from means of voter suppression. Today, we see needed. my home state of Texas, Representative AL the noose used to intimidate educational and GREEN. Through this important resolution, the business institutions, teachers, workers, com- b 1515 House of Representatives will explicitly go on munity leaders and now our children. Mr. FORBES. Mr. Speaker, I reserve record against a form a racial hatred that has With the passage of this resolution, our the balance of my time. plagued this country for far too long. country and this Chamber will say, in no un- Mr. CONYERS. Mr. Speaker, I would As a senior member of the Judiciary Com- clear terms, that we will not be intimidated and like to advise my colleague, the floor mittee, I have been an outspoken advocate for we will not allow our children to be intimidated. manager, that I have only one final civil rights and the vigorous prosecution of I applaud this important resolution for the speaker. We will be concluded. So if those who violate our Nation’s laws that pro- message it sends to the country and the you would like to yield back, we would tect the most vulnerable amongst us. Though world, that we do not tolerate hatred and big- finish up. we cannot stop acts of racism, ignorance and otry against anyone.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 9920 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14203 Let me remind those who regard the hang- ‘‘(5) after the conduct required for the of- States laws provide adequate authority ing of a noose from a tree in Jena, Louisiana fense occurs, the alleged offender is brought to prosecute acts of genocide. We or anywhere else in this country as a harmless into, or found in, the United States, even if should not have a situation where per- that conduct occurred outside the United petrators of genocide are allowed to act: it is not harmless and it is not just a juve- States.’’. nile prank. It is a frightening and symbolic play enter the United States and use this for power, as was captured so poignantly by The SPEAKER pro tempore. Pursu- country as a safe haven from prosecu- Billie Holiday in her unforgettable rendition of ant to the rule, the gentleman from tion. What an untenable thought. Southern Fruit: Michigan (Mr. CONYERS) and the gen- But under current law, genocide is tleman from Virginia (Mr. FORBES) Southern trees bear strange fruit, only a crime if it’s committed within each will control 20 minutes. Blood on the leaves and blood at the root, the United States or by a United The Chair recognizes the gentleman Black bodies swinging in the southern States national outside of the United from Michigan. breeze, States. In contrast, the laws of torture, Strange fruit hanging from the poplar GENERAL LEAVE material support for terrorism, ter- trees. Mr. CONYERS. Mr. Speaker, I ask rorism financing, hostage taking, and While the use of this racist tool continues, unanimous consent that all Members many other Federal crimes allow for we must not forget that over 4,700 people have 5 legislative days to revise and ex- extraterritorial jurisdiction for crimes were lynched between 1882 and 1959 in a tend their remarks and include extra- committed outside the United States campaign of terror led by the Ku Klux Klan. neous material on the bill under con- by non-United States nationals. Nor should we forget that more people died at sideration. So there’s a gap in the law. This has the hands of lynch mobs than died in the at- The SPEAKER pro tempore. Is there led to real-life consequences. I under- tack on Pearl Harbor (2,333) and died during objection to the request of the gen- stand that the Justice Department has Hurricane Katrina (1,836) combined. tleman from Michigan? identified individuals who have partici- There was no objection. Mr. Speaker, we must act now to stop the pated in the Rwandan and the Bosnian Mr. CONYERS. Mr. Speaker, I yield use of this racist and evil symbol of America’s genocides and who have entered the myself such time as I may consume. bitter waters. I urge my colleagues to join me United States under false pretenses. Mr. Speaker and members of the in supporting this important legislation. Under current law, these individuals committee, the United Nations ap- The SPEAKER pro tempore. The can be deported but they can’t be ar- proved the Convention on the Preven- question is on the motion offered by rested or prosecuted for committing tion and Punishment of the Crime of the gentleman from Michigan (Mr. genocide. Genocide in 1948. It was in response to CONYERS) that the House suspend the And so we bring to you on the floor rules and agree to the resolution, H. Nazi Germany’s policy of systematic murder. The Convention, to which the today a measure to allow us to do more Res. 826. than send them off to another country, The question was taken; and (two- United States is a signatory, estab- lished genocide as an international not knowing whether they will ever be thirds being in the affirmative) the prosecuted. This measure will allow us rules were suspended and the resolu- crime which signatory nations under- take to prevent and punish. It’s the to bring them to justice. Amending our tion was agreed to. laws to allow for vigorous prosecution A motion to reconsider was laid on duty that we address in the Genocide Accountability Act before us at this of genocide is a first, a small, but very, the table. very important step toward ending the f moment. We must remember that genocide af- impunity under which those who com- GENOCIDE ACCOUNTABILITY ACT fects all humanity, not just the direct mit genocide currently operate. OF 2007 victims, and not just the perpetrators, I am so proud of my colleagues on the Judiciary Committee who have Mr. CONYERS. Mr. Speaker, I move but all those who stand by and by their worked with us on this: LAMAR SMITH; to suspend the rules and pass the Sen- inaction allow those horrible acts to the floor manager for the Republicans, ate bill (S. 888) to amend section 1091 of take place. These are the lessons of the Mr. FORBES; and many others. We must title 18, United States Code, to allow Holocaust, of Cambodia, of Bosnia and, remember that it cannot be the last the prosecution of genocide in appro- more recently, of Rwanda. In Rwanda, step, this measure. If we are going to priate circumstances. we shrugged our shoulders and waited fulfill our role as the beacon in the The Clerk read the title of the Senate until 800,000 people were killed before world for basic human rights and free- bill. we were willing to call that atrocity by dom from persecution, we must con- The text of the Senate bill is as fol- its rightful name, genocide. tinue to develop the humble legislative lows: Sadly, even after Rwanda, the world beginning that we have begun today. S. 888 has mostly stood by while yet another genocide has unfolded before our eyes. I reserve the balance of my time. Be it enacted by the Senate and House of Rep- Mr. FORBES. Mr. Speaker, I yield resentatives of the United States of America in The genocide in Darfur has thus far Congress assembled, claimed 200,000 lives, and maybe going myself such time as I may consume. Mr. Speaker, I rise in support of S. SECTION 1. SHORT TITLE. up to as many as 400,000 lives. Two and This Act may be cited as the ‘‘Genocide a half million people have been dis- 888, the Genocide Accountability Act of Accountability Act of 2007’’. placed as a result of the conflict in 2007. I want to commend Chairman SEC. 2. GENOCIDE. Darfur. Both President Bush and Con- CONYERS and Representatives BERMAN Section 1091 of title 18, United States Code, gress have correctly described the situ- and PENCE, the sponsors of the House is amended by striking subsection (d) and in- ation in Darfur as genocide. version of this legislation, H.R. 2489, serting the following: As history repeats itself in Darfur, it for their dedication and commitment ‘‘(d) REQUIRED CIRCUMSTANCE FOR OF- seems that we have to learn to say the to this issue. FENSES.—The circumstance referred to in right things about these atrocities, but Perpetrators of genocide have com- subsections (a) and (c) is that— too often we cannot seem to muster mitted some of the most heinous ‘‘(1) the offense is committed in whole or in part within the United States; the consensus and strength of will in crimes ever carried out. Genocide is a ‘‘(2) the alleged offender is a national of the United States and the inter- crime not only against specific victims the United States (as that term is defined in national community to make our deeds targeted for extermination, but it is section 101 of the Immigration and Nation- match our words. Along with an in- also a crime against humanity. History ality Act (8 U.S.C. 1101)); creased United Nations peacekeeping is replete with horrible images of ‘‘(3) the alleged offender is an alien law- force, and a long-term political agree- human suffering, where victims tar- fully admitted for permanent residence in ment among its many factions, we need geted were based on their human char- the United States (as that term is defined in to explore every avenue available to acteristics. In the modern era, we have section 101 of the Immigration and Nation- ality Act (8 U.S.C. 1101)); stop this massacre from continuing and technological advances used for car- ‘‘(4) the alleged offender is a stateless per- prevent similar ones in the future. rying out heinous acts of genocide. son whose habitual residence is in the United The Genocide Accountability Act is The idea that individuals, hundreds, States; or an effort to ensure that our United thousands, and sometimes hundreds of

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14204 CONGRESSIONAL RECORD — HOUSE December 5, 2007 thousands, are singled out and system- In 1948, the United States was the The United States has made a tre- atically targeted for extermination of- first nation to sign the Genocide Con- mendous commitment to the people of fends every person’s belief in humanity vention. Twenty years ago, with the Darfur in the form of humanitarian aid or the rule of law. In recent decades, Proxmire Act, we added to our crimi- and is working hard on diplomatic ef- we have seen ethnic cleansing during nal code provisions to fulfill the dual forts to end the genocide. But more the civil war in the former Yugoslavia, obligations of that Convention, to pre- must be done. We need to stop the systematic mass killings in other vent and to punish genocide. S. 888 will killings. areas, and of course there is the ongo- strengthen the reach of U.S. laws to Current U.S. law only makes geno- ing suffering in Darfur. prosecute any individuals found in our cide a crime if it is committed by a S. 888, the Genocide Accountability country who have taken part in acts of U.S. citizen or within the United Act of 2007, expands Federal criminal genocide, in Darfur or anywhere else. States. According to the Justice De- jurisdiction for prosecution of those re- partment, there are individuals who b 1530 sponsible for genocide. With this im- participated in the Rwandan and Bos- provement, I hope that Federal pros- As the atrocities in Darfur continue, nian genocides who are living in the ecutors will be able to prosecute ag- it is imperative that we enact meas- United States today that it will be able gressively those heinous criminals. I ures in this bill to stand against geno- to prosecute with this legislation. urge my colleagues to support this bill. cide wherever it occurs and hold fully We will also ensure those who are I reserve the balance of my time. accountable the perpetrators of geno- committing genocide in Sudan today Mr. CONYERS. Mr. Speaker, it’s my cide who are able to escape justice. will not be able to look to the United pleasure now to yield 4 minutes to the Mr. Speaker, the term ‘‘genocide’’ States as their safe haven in the fu- ranking member of the Committee on was first proposed by Ralph Lemkin, a ture. Judiciary on the Democratic side, Mr. man of Polish-Jewish descent. In 1941 Mr. CONYERS. Mr. Speaker, the HOWARD BERMAN. he came to the United States, and on chairman of the Crime Subcommittee Mr. BERMAN. Mr. Speaker, the the day of his arrival he gave a speech has played an enormously important House Judiciary Committee has re- explaining to an American audience role in the measure before us, and I am ported an identical House companion the international responsibility to re- pleased to recognize Chairman BOBBY to S. 888. That bill is H.R. 2489, and the spond to genocide. I’ll paraphrase what SCOTT for 3 minutes. Judiciary Committee’s report for the he said: If you learned that a mass of Mr. SCOTT of Virginia. Mr. Speaker, House bill, Report No. 110–468, should women, children and old people was I thank the chairman for yielding. be considered as part of the legislative being murdered 100 miles from here, Mr. Speaker, the slaughtering of in- history on S. 888, as reflecting the in- wouldn’t you feel compelled to run to dividuals simply because they are a tent of the House. their aid? Why then, if the distance member of a certain ethnic or racial Mr. Speaker, the first legal applica- were 3,000 miles instead of 100, would group has occurred throughout history, tion of the term genocide came during you restrain this decision of your and, regrettably, continues today. As the Nuremberg trials in 1945. Before heart? we witnessed, as many as 800,000 of the then, there wasn’t a word in our lan- By passing this bill today, we are Tutsi minority, men, women and chil- guage to adequately express the bru- taking Lemkin’s words to heart. We dren, were murdered in Rwanda. Mass tality and evil that this crime em- will work to punish and prevent the violence has occurred against civilians bodies. The purpose of the Genocide crime of genocide not just in our own in Bosnia, where up to 8,000 Muslim Accountability Act is to ensure that no country, but wherever it occurs around men and boys were systematically exe- perpetrator of genocide is able to use the world. cuted. the United States as a safe haven for I strongly urge my colleagues to sup- The obligations of the United States prosecution. After the Holocaust, the port this legislation. under the Genocide Convention are in Genocide Convention was the embodi- Mr. FORBES. Mr. Speaker, I yield 3 the criminal code in title 18 beginning ment of the world’s pledge, the promise minutes to the gentleman from Con- at section 1091. Genocide is defined as of ‘‘never again.’’ And yet this promise necticut (Mr. SHAYS). having the specific intent to destroy, has proven to be one of the world’s Mr. SHAYS. Mr. Speaker, I rise in in whole or in part, a national, ethnic, most unfulfilled. support of S. 888, the Genocide Ac- racial or religious group. The code of- Not very long ago, genocide was the countability Act of 2007. I cosponsored fers severe punishment for anyone who scourge of Bosnia, and before that, the House version of this legislation commits genocide within the United Rwanda. Two years ago, this body because I totally agree, U.S. law should States. The law also makes it a Federal passed a resolution acknowledging that not provide safe haven to those who are crime for a U.S. national to commit the devastation and murderous vio- committing genocide. genocide anywhere in the world. Fortu- lence occurring in the Darfur region of As a result of this bill, prosecutors nately, there has not been a need to Sudan was a genocide. Unfortunately, will be able to target individuals living use the law against anyone now cov- the genocide in Darfur remains an on- lawfully in the U.S. who have com- ered by it. However, by only covering going crime today. The struggle to pre- mitted genocide or aided those who genocide if it is committed in this vent and punish genocide has been, and have committed these crimes against country or committed by a U.S. na- unfortunately will be, winding and humanity. I have tremendous respect tional, we leave a gap which allows long. for all those who have worked to raise non-U.S. persons who commit genocide The bill we are considering today ac- awareness of this important issue. Stu- elsewhere to come to this country with knowledges that in some cases the per- dent groups and faith-based organiza- impunity under our laws. petrators of this evil have ended up not tions, especially from the African To this end, the Senator from Illi- just on the doorstep of the United American, Jewish and Armenian com- nois, Senator DURBIN, and the gen- States, but living inside our house. munities, have done a terrific job of tleman from California (Mr. BERMAN) Current law allows us to deport them, educating their fellow citizens and law- introduced identical legislation de- but procedural limitations in our laws makers about the crisis and the need to signed to amend title 18 of the United can keep us from delivering justice for respond. States Code to expand jurisdiction of their crimes. The world collectively agreed to genocide over the following categories Because current U.S. law lacks an ‘‘never again’’ allow genocide after the of people who have committed genocide extraterritorial jurisdiction clause for Holocaust and again after the mass outside of the United States: (1) an genocide, procedurally the Department murders in Cambodia and Rwanda, and alien lawfully admitted for permanent of Justice is limited in its ability to again in Bosnia. Tragically, genocide is residence; (2) a stateless person whose charge an individual who is not a U.S. again taking place, and the United habitual residence is in the United national for involvement in a genocide States must take all reasonable steps States; or (3) an individual physically committed outside the United States, to end the killing and ensure the per- present in the United States. even if the victims include American petrators of these crimes are brought Similar to the legislation before us, citizens. to justice. many other Federal laws, including

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14205 those laws that criminalize torture, prevented from prosecuting people who In response, I would say that the allow for the extraterritorial jurisdic- may be in America who have com- genocide in Darfur is an ongoing crime. tion over crimes committed outside mitted genocide, as unthinkable as The House recognized it as such over 2 the United States by those present in that might be. years ago, and there is no question that the United States. Imagine a scenario where an indi- this crime continues today. We believe Genocide continues to be a threat in vidual who contributed to genocidal that ex post facto clearly would not the world and we should attack it acts in Bosnia, Rwanda, or Sudan, or apply in this situation. wherever we find it. In Darfur, we see elsewhere, is determined to be here in Mr. PENCE. I thank the gentleman the tragic replay of suffering and America, somehow living under false for clarifying that. death. Hundreds of thousands of inno- pretenses or even traveling throughout Lastly, going back to that specific cent people who have been killed, our country. Under this scenario, the hypothesis from the witness from the raped, tortured, or forced to flee, and Department of Justice would be pre- Department of Justice, if this new law over 2 million people have been driven vented under current law from pros- were used to prosecute a perpetrator of from their homes. For them, the com- ecuting that person for genocide in this a past genocide, the assertion was it mitment of ‘‘never again’’ after the country. The Genocide Accountability may constitute an ex post facto viola- Holocaust rings hollow. The United Act closes this loophole. When imple- tion of the Constitution. Do you agree States should have the ability to pros- mented, it will allow prosecution of with that hypothesis? ecute those who find safe haven in the non-U.S. nationals who are in the Mr. BERMAN. The gentleman raises United States for their acts of geno- United States for genocide committed an important issue, and I do not agree cide. The Genocide Accountability Act outside the United States. with that hypothesis. I think the wit- would end this impunity gap in the Under the scenario I just described, ness from the Department of Justice genocide law. Therefore, I urge my col- the Department of Justice would be was offering a spontaneous and per- leagues to adopt this important legisla- able to prosecute people who are found sonal opinion, which he was careful to tion. to be in America and have perpetrated label as such, and not an official inter- Mr. FORBES. Mr. Speaker, I yield the worst kind of crime against hu- pretation by the Department. such time as he may consume to the manity. Giving our law enforcement When we crafted this bill, we were gentleman from Indiana (Mr. PENCE). this type of tool is absolutely nec- careful to write it as narrowly and pre- (Mr. PENCE asked and was given per- essary in order to make it clear to the cisely as possible. We were and remain mission to revise and extend his re- world that America will not tolerate interested only in changing the cir- marks.) genocide or the perpetrators of geno- cumstances under which certain par- Mr. PENCE. Mr. Speaker, I thank the cide, and that we will do all we can to ties may be charged under the genocide gentleman for yielding. hold those accountable who perform statute. Our intent is to make a proce- Mr. Speaker, here in Washington, these heinous acts. dural alteration to the current law and D.C., down the street from this very As Elie Wiesel stated, ‘‘Once you leave everything else in the statute un- building is the United States Holocaust bring life into the world, you must pro- touched. Memorial Museum, a museum that tect it. We must protect it by changing In determining whether or not a law serves as a living memorial to the Hol- the world.’’ presents a violation of the ex post facto ocaust and which challenges its visi- Mr. Speaker, the Genocide Account- clauses of the Constitution, courts tors and the world in the words written ability Act changes the world today in have generally considered whether the in its charter to: ‘‘Confront hatred, a very small but a profound way, in my new law: one, places the defendant at a prevent genocide, promote human dig- judgment. It strengthens the hand of substantial disadvantage compared to nity, and strengthen democracy.’’ All the most powerful free Nation on Earth the law as it stood when he committed of us serving in Congress take the chal- in fighting and prosecuting those who the crime of which he has been con- lenge of those words to heart. would commit the crimes of genocide. victed; secondly, changes the definition We have the unique ability in this in- It is important and necessary, and I en- of the crime; or three, increases the stitution to promulgate laws and poli- courage my colleagues in the House to maximum penalty for it. The Genocide cies that protect life, preserve liberty support this legislation today so it can Accountability Act doesn’t alter in any and confront genocide. Today, with the be sent to the President for signature. way either the elements or the punish- passage of the Genocide Accountability I want to commend the chairman of ment for the crime of genocide. Act, in bipartisan numbers, this Con- the committee, the ranking member The underlying notion here is that gress will discharge that duty to his- and again the gentleman from Cali- the defendant should be on notice that tory. fornia (Mr. BERMAN) for his extraor- his actions constituted a crime. I think Mr. Speaker, I rise today in support dinary leadership on this important it would be very difficult for anyone to of S. 888, the Genocide Accountability and historic measure. argue that the world is not on notice Act. In May of this year, it was my Mr. Speaker, I would like to engage that we consider and have considered privilege to join my friend, the gen- in a colloquy on an issue affecting this for many years genocide a crime. The tleman from California (Mr. BERMAN) legislation with the gentleman from United States has recognized genocide to introduce H.R. 2489, which is the California, Mr. BERMAN. as a crime for nearly 60 years as a sig- companion of the Senate version of the Our legislation, H.R. 2489, and S. 888 natory of the Genocide Convention. bill that is being considered today. I are identical bills, as you know. But Neither do we make any change that would like to commend the gentleman during the Crime Subcommittee hear- would deprive one charged with the from California whose partnership on ing on H.R. 2489, a witness from the De- crime of any defense that is now avail- this and other legislation demonstrates partment of Justice theorized that the able under the law. It is important to his deep commitment to human rights changes proposed by this bill might add that the Supreme Court has found and to human dignity and to America’s constitute a violation of the ex post a key exception to the ex post facto place in advancing those principles in facto clauses of article I of the Con- rule where changes to a law are proce- the world. stitution in some cases. Let me ask dural in nature. This is an important piece of bipar- you, if this legislation becomes law, b 1545 tisan legislation simply because it pro- Mr. BERMAN, would we be able to use it vides America with a real and powerful to prosecute a non-U.S. national tak- In numerous decisions, the court has tool to combat genocide around the ing part in the genocide in Darfur held that where a law involves changes world. The need for the Genocide Ac- today? in the procedures by which a criminal countability Act is straightforward. I yield to the gentleman from Cali- case is adjudicated as opposed to Currently under U.S. law, genocide is fornia. changes in the substantive laws of only a crime if it is committed within Mr. BERMAN. I thank the gentleman crimes, and I quote that phrase di- the borders of the United States or by for his question and yielding to me and rectly, that does not deprive a defend- a U.S. national outside the country. appreciate his comments and partner- ant of substantial legal protections, Therefore, the Department of Justice is ship on this bill. then it is constitutional.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14206 CONGRESSIONAL RECORD — HOUSE December 5, 2007 It is our conclusion that this bill tactics used by groups to intimidate re- and act expeditiously to stop it wher- falls within that exception and makes ligious and ethnic minorities and peo- ever it occurs. only procedural changes to the law. So ple of different backgrounds. Mr. FORBES. Mr. Speaker, I yield it was our intent that this law be used I commend the authors for bringing myself such time as I may consume. to prosecute perpetrators of genocide the bill, and it is a bipartisan bill and As the gentleman from Indiana said, who are on notice that their acts con- that is what we need, but there are so this is a small step but a very profound stitute a crime wherever it was com- many other aspects that we need to step. You have heard the voices all in mitted. look into. almost unanimous agreement sup- Mr. PENCE. I thank the gentleman Elie Wiesel, who was cited just re- porting this bill. I hope that would be for his response. I thank him again for cently by a Member on the other side, the pleasure of the House. his leadership on this issue, to the said that people who hate, hate every- I would like to yield the balance of ranking member Mr. FORBES for his one. People who hate Jews hate blacks, my time to the chairman of the com- leadership and courtesy today, and to hate Hispanics, hate gays. mittee, the gentleman from Michigan the chairman and ranking member of We have had hate crimes come up in (Mr. CONYERS). the full committee. It is important leg- this Congress that have passed and Mr. CONYERS. I thank the gen- islation, and I urge all of my colleagues hopefully we will have a hate crime tleman, Mr. Speaker. to join us in a strong bipartisan vote that passes, because hate in any form, I want to close by observing that the against genocide, in favor of the Geno- whether it is racial, religious, or sexual Judiciary Committee has handled four cide Accountability Act. It is time we orientation is just that, it is hate, and measures on the floor this afternoon, gave the force of American law here at it is un-American and it is something and I have enjoyed the full, unstinting home behind our commitment to end unfortunately unique to humankind cooperation of the gentleman from Vir- genocide in the world. that should be stamped out and abol- ginia (Mr. FORBES). I want to thank Mr. CONYERS. Mr. Speaker, I am ished in this country, and this Congress him very much for it. And I appreciate pleased now to recognize a distin- should not allow it, countenance it, or the kinds of issues that we have han- guished member of Judiciary, STEVE in any way condone it. dled here on this day in the House of COHEN of Tennessee, for such time as And so I thank the chairman and Mr. Representatives. They are issues of he may consume. BERMAN for their leadership and the local and global import that I think re- Mr. COHEN. Thank you, Mr. Chair- other people who have worked on this flect in a very complimentary sense man, and Mr. BERMAN for bringing this bill, Mr. FORBES and others, and we upon the things that can be accom- legislation. should work together in a bipartisan plished in the Congress when we put It is obvious we need such a bill, for fashion to make this country what it is our best efforts and bring our most co- America should never be a haven for supposed to be, and that is an area operative spirits to the table. And so I people who commit crimes against where we can work together and hope- thank all of the speakers on both sides mankind. And that is what genocide is, fully one day have the Age of Aquarius of the aisle. a crime against mankind. It is ironic and a place where we don’t have these Ms. JACKSON-LEE of Texas. Mr. Speaker, that God’s rightest creature, human problems that we have had in the past. I rise today in strong support of S. 888, the beings, are the only species that God Mr. FORBES. Mr. Speaker, at this Genocide Accountability Act of 2007, intro- created that commits genocide. Ani- time, I yield 2 minutes to the distin- duced by Senator DURBIN. I would like to mals attack each other out of need for guished gentleman from Michigan, thank my colleague Representative BERMAN food or for other reasons, but not to de- Congressman EHLERS. for introducing this resolution in the House, stroy and kill an entire other group of Mr. EHLERS. I thank the gentleman where I am proud to join over 10 of my col- animals. Only man, with his ability to for yielding. I feel very strongly about leagues as a cosponsor of this important legis- think, can create the most unhuman- this issue, and I want to echo the words lation. May I also take this opportunity to thank like crime against mankind, which is of the previous speaker, the gentleman Chairman CONYERS for his leadership in guid- the attempt to kill others because of from Tennessee who, of course, because ing this legislation through the Judiciary Com- ethnic differences. That is an irony and of his background, has a deep historical mittee. a shame. And the fact is that we should interest and feeling about genocide. Mr. Speaker, it is a tragedy that the 20th never be a country that does anything I have been appalled at the lack of century, which excelled in technological inno- but try to make this world a better advancement of the nations in dealing vation and great accomplishments in arts and place. People should not find America with genocide, particularly the current letters, could also be remembered for events a harbor when they escape from the genocide in Darfur. There is no reason symbolizing man’s inhumanity to man. Geno- area, whether it be Darfur or Rwanda in the world that our Nation, coupled cide in Rwanda, the former Yugoslavia, Cam- or any other place where genocide has with the other nations, could not have bodia, Germany, and the Ottoman Empire, to been committed. stopped this earlier. And because of the cite a few examples, showed us the mon- As a Jewish person, I have known niceties of diplomatic relations world- strous potential of totalitarian regimes deter- about genocide because we know about wide, we have not done so. I believe mined to annihilate entire ethnic, racial and re- the Holocaust and Jewish people have that is a mistake, and I feel very ligious groups. had relatives and possible would-be rel- strongly about this. Genocide should Sadly, though the 20th century has been atives if our ancestors had not emi- not occur. As the gentleman before me called ‘‘the Age of Genocide’’ by at least one grated to this country who would have commented, that we are the only crea- prominent scholar, the crime has already been been victims of this Holocaust or who tures who deliberately kill large num- seen in the new 21st century, with the deplor- were. So many of us have been to the bers of our own kind. And it is not new. able situation in Darfur. Over the recent Au- Holocaust Museum or Yad Vashem in It started with Cain and Abel, the kill- gust recess, I led a congressional delegation Jerusalem, or other places or con- ing of a brother. to Darfur, where, together with two of my col- centration camps and learned. We must pursue genocide worldwide. leagues, I had the tragic opportunity to see the I would submit that this bill, as the We must insist that it not take place. plight of the people of Darfur, victims of the previous bill about nooses, should And we must punish those who commit systematic annihilation attempt supported by make a strong statement from this genocide. There is no reason on God’s the Government of Sudan. Congress, Mr. Speaker, but to the good Earth that we should permit Not since the Rwandan genocide of 1994 American people and the educators of genocide. And we, along with the other has the world seen such a systematic cam- this country that what we need in this nations, have the power to stop it and paign of displacement, starvation, rape, mass country is more education about toler- we should do so. murder, and terror as we are witnessing in ance, more education about the horrors So I rise with great gratitude to the Darfur for the last 3 years. At least 400,000 that we have had in the past in history. sponsors of this bill and those pre- people have been killed in Darfur; more than Because if you don’t learn from his- senting this bill on the floor. This is 2 million innocent civilians have been forced to tory, you will repeat it again. And here one small step forward in what we real- flee their homes and now live in displaced-per- we are, almost 2008, talking about ly have to do, and that is to totally and sons camps in Sudan or in refugee camps in genocide and nooses and oppressive completely outlaw genocide worldwide neighboring Chad; and more than 3.5 million

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 9920 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14207 men, women, and children are completely reli- ever committed if the alleged perpetrator is in (ii) During the transition period, the em- ant on international aid for survival. Unless the their territory and any additional requirements ployee successfully completes training, as world stirs from its slumber and takes con- are satisfied. This legislation will be a further determined by the Chief of the Capitol Po- lice. certed and decisive action to relieve this suf- step toward bring the United States into line (iii) The employee meets the qualifications fering, the ongoing genocide in Darfur will with its international obligations, and toward required to be a member of the Capitol Po- stand as one of the blackest marks on human- ensuring that no perpetrator of genocide living lice, as determined by the Chief of the Cap- kind for centuries to come. on U.S. soil can go unpunished. itol Police. In 1948, the United Nations General Assem- I strongly urge my colleagues to join me in (B) SERVICE AS CIVILIAN EMPLOYEE OF CAP- bly adopted the ‘‘Convention on the Preven- supporting this important legislation. ITOL POLICE.—If the Chief of the Capitol Po- tion and Punishment of the Crime of Geno- Mr. CONYERS. I yield back the bal- lice determines that a Library of Congress cide.’’ As its title suggests, the treaty imposes ance of my time. Police employee does not meet the eligi- two core obligations on participating states: The SPEAKER pro tempore. The bility requirements, the employee shall be- come a civilian employee of the Capitol Po- first, state parties undertake to prevent geno- question is on the motion offered by the gentleman from Michigan (Mr. lice on the employee’s transfer date. cide; and second, they commit to punish (C) FINALITY OF DETERMINATIONS.—Any de- genocide as well as several related acts, such CONYERS) that the House suspend the termination of the Chief of the Capitol Po- as attempting to commit genocide. The Geno- rules and pass the Senate bill, S. 888. lice under this paragraph shall not be appeal- cide Convention establishes our core obliga- The question was taken; and (two- able or reviewable in any manner. tions in combating the genocide phe- thirds being in the affirmative) the (D) DEADLINE FOR DETERMINATIONS.—The nomenon—preventing and punishing Geno- rules were suspended and the Senate Chief of the Capitol Police shall complete cide. The document gives the U.N. a broad li- bill was passed. the determinations required under this para- graph for all Library of Congress Police em- cense to deal with genocide. In addition, indi- A motion to reconsider was laid on the table. ployees not later than September 30, 2009. vidual states are expected to do all they can (2) EXEMPTION FROM MANDATORY SEPARA- to prevent genocide. It also gives responsibility f TION.—Section 8335(c) or 8425(c) of title 5, to state parties to prosecute the perpetrators U.S. CAPITOL POLICE AND LI- United States Code, shall not apply to any of genocide. BRARY OF CONGRESS POLICE Library of Congress Police employee who be- In 1987, Congress enacted legislation to MERGER IMPLEMENTATION ACT comes a member of the Capitol Police under bring U.S. law into conformity with the Geno- OF 2007 this subsection, until the earlier of— cide Convention. The ‘‘Proxmire Act’’ (The (A) the date on which the individual is en- Mr. BRADY of Pennsylvania. Mr. Genocide Convention Implementation Act of titled to an annuity for immediate retire- Speaker, I move to suspend the rules ment under section 8336(b) or 8412(b) of title 1987) is the key U.S. law implementing the and pass the bill (H.R. 3690) to provide 5, United States Code; or Genocide Convention. When read together for the transfer of the Library of Con- (B) the date on which the individual— with other provisions of the federal criminal gress police to the United States Cap- (i) is 57 years of age or older; and code concerning conspiracy and complicity, (ii) is entitled to an annuity for immediate itol Police, and for other purposes, as the Proxmire Act addresses the explicit obliga- retirement under section 8336(m) or 8412(d) of amended. tion set forth in Article VI of the Genocide title 5, United States Code, (as determined The Clerk read the title of the bill. by taking into account paragraph (3)(A)). Convention concerning prosecution of geno- The text of the bill is as follows: cide and related criminal acts in courts of the (3) TREATMENT OF PRIOR CREDITABLE SERV- H.R. 3690 ICE FOR RETIREMENT PURPOSES.— State where genocide occurs. In addition, the Be it enacted by the Senate and House of Rep- (A) PRIOR SERVICE FOR PURPOSES OF ELIGI- Proxmire Act makes it a federal crime for a resentatives of the United States of America in BILITY FOR IMMEDIATE RETIREMENT AS MEM- U.S. national to commit genocide anywhere. Congress assembled, BER OF CAPITOL POLICE.—Any Library of Con- The proliferation of civil wars accompanied SECTION 1. SHORT TITLE. gress Police employee who becomes a mem- by ethnic cleansing and outright genocide This Act may be cited as the ‘‘U.S. Capitol ber of the Capitol Police under this sub- which characterized the end of the 20th cen- Police and Library of Congress Police Merg- section shall be entitled to have any cred- tury, from Bosnia and Herzegovina to the civil er Implementation Act of 2007’’. itable service under section 8332 or 8411 of wars in Somalia and Liberia, produced a num- SEC. 2. TRANSFER OF PERSONNEL. title 5, United States Code, that was accrued prior to becoming a member of the Capitol ber of perpetrators of genocidal acts who later (a) TRANSFERS.— (1) LIBRARY OF CONGRESS POLICE EMPLOY- Police included in calculating the employ- ended up on American shores. This revealed ee’s service as a member of the Capitol Po- a shortcoming in our current laws, under EES.—Effective on the employee’s transfer date, each Library of Congress Police em- lice for purposes of section 8336(m) or 8412(d) which the United States cannot indict some- ployee shall be transferred to the United of title 5, United States Code. one for genocide committed outside the United States Capitol Police and shall become ei- (B) PRIOR SERVICE FOR PURPOSES OF COM- States, even when the victim is an American ther a member or civilian employee of the PUTATION OF ANNUITY.—Any creditable serv- citizen, unless the perpetrator is a U.S. na- Capitol Police, as determined by the Chief of ice under section 8332 or 8411 of title 5, tional. the Capitol Police under subsection (b). United States Code, of an individual who be- comes a member of the Capitol Police under In contrast, laws on torture, material support (2) LIBRARY OF CONGRESS POLICE CIVILIAN this subsection that was accrued prior to be- for terrorism, terrorism financing, hostage tak- EMPLOYEES.—Effective on the employee’s transfer date, each Library of Congress Po- coming a member of the Capitol Police— ing, and many other federal crimes allow for (i) shall be treated and computed as em- extraterritorial jurisdiction for crimes committed lice civilian employee shall be transferred to the United States Capitol Police and shall ployee service under subsection 8339 or 8415; outside the United States by non U.S. nation- become a civilian employee of the Capitol but als. In light of this legal gap in our obligations Police. (ii) shall not be treated as service as a to prosecute perpetrators of genocide, I com- (b) TREATMENT OF LIBRARY OF CONGRESS member of the Capitol Police or service as a mend my colleagues Mr. BERMAN and Mr. POLICE EMPLOYEES.— congressional employee for purposes of com- puting the amount of any benefit payable PENCE for introducing the Genocide Account- (1) DETERMINATION OF STATUS WITHIN CAP- ITOL POLICE.— out of the Civil Service Retirement and Dis- ability Act., H.R. 2489 in May of 2007. ability Fund. Mr. Speaker, this legislation would close a (A) ELIGIBILITY TO SERVE AS MEMBERS OF legal loophole that prevents the U.S. Justice THE CAPITOL POLICE.—A Library of Congress (c) DUTIES OF EMPLOYEES TRANSFERRED TO Police employee shall become a member of CIVILIAN POSITIONS.— Department from prosecuting people in our the Capitol Police on the employee’s transfer (1) DUTIES.—The duties of any individual country who have committed genocide. The date if the Chief of the Capitol Police deter- who becomes a civilian employee of the Cap- bill specifically amends Title 18 to establish mines and issues a written certification that itol Police under this section, including a Li- federal criminal jurisdiction over the crime of the employee meets each of the following re- brary of Congress Police civilian employee genocide wherever the crime is committed. quirements: under subsection (a)(2) and a Library of Con- This jurisdiction should be exercised when the (i) Based on the assumption that such em- gress Police employee who becomes a civil- alleged offender is present in the United ployee would perform a period of continuous ian employee of the Capitol Police under States and he or she will not be vigorously Federal service after the transfer date, the subsection (b)(1)(B), shall be determined employee would be entitled to an annuity for solely by the Chief of the Capitol Police, ex- and fairly prosecuted by another court with ap- immediate retirement under section 8336(b) cept that a Library of Congress Police civil- propriate jurisdiction. or 8412(b) of title 5, United States Code (as ian employee under subsection (a)(2) shall Many countries have adopted or enforced determined by taking into account para- continue to support Library of Congress po- legislation establishing jurisdiction over certain graph (3)(A)), on or before the date such em- lice operations until all Library of Congress international crimes, including genocide, wher- ployee becomes 60 years of age. Police employees are transferred to the

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14208 CONGRESSIONAL RECORD — HOUSE December 5, 2007 United States Capitol Police under this sec- the enactment of this Act from the unobli- (A) the date of the alleged violation shall tion. gated balance in the revolving fund estab- be the individual’s transfer date; (2) FINALITY OF DETERMINATIONS.—Any de- lished under section 103 of the Library of (B) notwithstanding the third sentence of termination of the Chief of the Capitol Po- Congress Fiscal Operations Improvement section 402(a) of such Act (2 U.S.C. 1402(a)), lice under this subsection shall not be ap- Act of 2000 (2 U.S.C. 182c) for the Federal Li- the individual’s request for counseling under pealable or reviewable in any manner. brary and Information Network program of such section shall be made not later than 60 (d) PROTECTING STATUS OF TRANSFERRED the Library of Congress and the Federal Re- days after the date of the alleged violation; EMPLOYEES.— search program of the Library of Congress and (1) NONREDUCTION IN PAY, RANK, OR are reduced by a total of $560,000, and the (C) the employing office of the individual GRADE.—The transfer of any individual under amount so reduced is hereby cancelled. at the time of the alleged violation shall be this section shall not cause that individual SEC. 3. TRANSITION PROVISIONS. the Capitol Police Board. to be separated or reduced in basic pay, rank (a) TRANSFER AND ALLOCATIONS OF PROP- (3) EXCEPTION FOR ALLEGED VIOLATIONS SUB- or grade. ERTY AND APPROPRIATIONS.— JECT TO HEARING PRIOR TO TRANSFER.—Para- (2) LEAVE AND COMPENSATORY TIME.—Any (1) IN GENERAL.—Effective on the transfer graph (1) does not apply with respect to an annual leave, sick leave, or other leave, or date of any Library of Congress Police em- alleged violation for which a hearing has compensatory time, to the credit of an indi- ployee and Library of Congress Police civil- commenced in accordance with the covered vidual transferred under this section shall be ian employee who is transferred under this law on or before the transfer date. transferred to the credit of that individual as Act— (4) COVERED LAW DEFINED.—In this sub- a member or an employee of the Capitol Po- (A) the assets, liabilities, contracts, prop- section, a ‘‘covered law’’ is any law for which lice (as the case may be). The treatment of erty, and records associated with the em- the remedy for an alleged violation is pro- leave or compensatory time transferred ployee shall be transferred to the Capitol Po- vided for officers and employees of the Cap- under this section shall be governed by regu- lice; and itol Police under the Congressional Account- lations of the Capitol Police Board. (B) the unexpended balances of appropria- ability Act of 1995 (2 U.S.C. 1301 et seq.). (3) PROHIBITING IMPOSITION OF PROBA- tions, authorizations, allocations, and other (c) AVAILABILITY OF DETAILEES DURING TIONARY PERIOD.—The Chief of the Capitol funds employed, used, held, arising from, TRANSITION PERIOD.—During the transition Police may not impose a period of probation available to, or to be made available in con- period, the Chief of the Capitol Police may with respect to the transfer of any individual nection with the employee shall be trans- detail additional members of the Capitol Po- who is transferred under this section. ferred to and made available under the ap- lice to the Library of Congress, without re- (e) RULES OF CONSTRUCTION RELATING TO propriations accounts for the Capitol Police imbursement. EMPLOYEE REPRESENTATION.— for ‘‘Salaries’’ and ‘‘General Expenses’’, as (d) EFFECT ON EXISTING MEMORANDUM OF UNDERSTANDING.—The Memorandum of Un- (1) EMPLOYEE REPRESENTATION.—Nothing in applicable. this Act shall be construed to authorize any (2) JOINT REVIEW.—During the transition derstanding between the Library of Congress labor organization that represented an indi- period, the Chief of the Capitol Police and and the Capitol Police entered into on De- cember 12, 2004, shall remain in effect during vidual who was a Library of Congress police the Librarian of Congress shall conduct a the transition period, subject to— employee or a Library of Congress police ci- joint review of the assets, liabilities, con- (1) the provisions of this Act; and vilian employee before the individual’s tracts, property records, and unexpended bal- (2) such modifications as may be made in transfer date to represent that individual as ances of appropriations, authorizations, allo- accordance with the modification and dis- a member of the Capitol Police or an em- cations, and other funds employed, used, pute resolution provisions of the Memo- ployee of the Capitol Police after the indi- held, arising from, available to, or to be randum of Understanding, consistent with vidual’s transfer date. made available in connection with the trans- the provisions of this Act. (2) AGREEMENTS NOT APPLICABLE.—Nothing fer under this Act. (b) TREATMENT OF ALLEGED VIOLATIONS OF (e) RULE OF CONSTRUCTION RELATING TO in this Act shall be construed to authorize PERSONNEL AUTHORITY OF THE LIBRARIAN OF any collective bargaining agreement (or any CERTAIN EMPLOYMENT LAWS WITH RESPECT TO TRANSFERRED INDIVIDUALS.— CONGRESS.—Nothing in this Act shall be con- related court order, stipulated agreement, or (1) IN GENERAL.—Notwithstanding any strued to affect the authority of the Librar- agreement to the terms or conditions of em- other provision of law and except as provided ian of Congress to— ployment) applicable to Library of Congress in paragraph (3), in the case of an alleged (1) terminate the employment of a Library police employees or to Library of Congress violation of any covered law (as defined in of Congress Police employee or Library of police civilian employees to apply to mem- paragraph (4)) which is alleged to have oc- Congress Police civilian employee; or bers of the Capitol Police or to civilian em- curred prior to the transfer date with respect (2) transfer any individual serving in a Li- ployees of the Capitol Police. to an individual who is transferred under brary of Congress Police employee position (f) RULE OF CONSTRUCTION RELATING TO this Act, and for which the individual has or Library of Congress Police civilian em- PERSONNEL AUTHORITY OF THE CHIEF OF THE ployee position to another position at the Li- CAPITOL POLICE.—Nothing in this Act shall not exhausted all of the remedies available for the consideration of the alleged violation brary of Congress. be construed to affect the authority of the SEC. 4. POLICE JURISDICTION, UNLAWFUL AC- Chief of the Capitol Police to— which are provided for employees of the Li- brary of Congress under the covered law TIVITIES, AND PENALTIES. (1) terminate the employment of a member (a) JURISDICTION.— prior to the transfer date, the following shall of the Capitol Police or a civilian employee (1) EXTENSION OF CAPITOL POLICE JURISDIC- apply: of the Capitol Police; or TION.—Section 9 of the Act entitled ‘‘An Act (A) The individual may not initiate any (2) transfer any individual serving as a to define the area of the United States Cap- procedure which is available for the consid- member of the Capitol Police or a civilian itol Grounds, to regulate the use thereof, and eration of the alleged violation of the cov- employee of the Capitol Police to another for other purposes’’, approved July 31, 1946 (2 ered law which is provided for employees of position with the Capitol Police. U.S.C. 1961) is amended by adding at the end the Library of Congress under the covered (g) TRANSFER DATE DEFINED.—In this Act, the following: the term ‘‘transfer date’’ means, with re- law. ‘‘(d) For purposes of this section, ‘United spect to an employee— (B) To the extent that the individual has States Capitol Buildings and Grounds’ shall (1) in the case of a Library of Congress Po- initiated any such procedure prior to the include the Library of Congress buildings lice employee who becomes a member of the transfer date, the procedure shall terminate and grounds described under section 11 of the Capitol Police, the first day of the first pay and have no legal effect. Act entitled ‘An Act relating to the policing period applicable to members of the United (C) Subject to paragraph (2), the individual of the buildings of the Library of Congress’, States Capitol Police which begins after the may initiate and participate in any proce- approved August 4, 1950 (2 U.S.C. 167j), except date on which the Chief of the Capitol Police dure which is available for the resolution of that in a case of buildings or grounds not lo- issues the written certification for the em- grievances of officers and employees of the cated in the District of Columbia, the au- ployee under subsection (b)(1); Capitol Police under the Congressional Ac- thority granted to the Metropolitan Police (2) in the case of a Library of Congress Po- countability Act of 1995 (2 U.S.C. 1301 et seq.) Force of the District of Columbia shall be lice employee who becomes a civilian em- to provide for consideration of the alleged granted to any police force within whose ju- ployee of the Capitol Police, the first day of violation. The previous sentence does not risdiction the buildings or grounds are lo- the first pay period applicable to employees apply in the case of an alleged violation for cated.’’. of the United States Capitol Police which be- which the individual exhausted all of the (2) REPEAL OF LIBRARY OF CONGRESS POLICE gins after September 30, 2009; or available remedies which are provided for JURISDICTION.—The first section and sections (3) in the case of a Library of Congress Po- employees of the Library of Congress under 7 and 9 of the Act of August 4, 1950 (2 U.S.C. lice civilian employee, the first day of the the covered law prior to the transfer date. 167, 167f, 167h) are repealed on October 1, 2009. first pay period applicable to employees of (2) SPECIAL RULES FOR APPLYING CONGRES- (b) UNLAWFUL ACTIVITIES AND PENALTIES.— the United States Capitol Police which be- SIONAL ACCOUNTABILITY ACT OF 1995.—In apply- (1) EXTENSION OF UNITED STATES CAPITOL gins after September 30, 2008. ing paragraph (1)(C) with respect to an indi- BUILDINGS AND GROUNDS PROVISIONS TO THE (h) CANCELLATION IN PORTION OF UNOBLI- vidual to whom this subsection applies, for LIBRARY OF CONGRESS BUILDINGS AND GATED BALANCE OF FEDLINK REVOLVING purposes of the consideration of the alleged GROUNDS.— FUND.—Amounts available for obligation by violation under the Congressional Account- (A) CAPITOL BUILDINGS.—Section 5101 of the Librarian of Congress as of the date of ability Act of 1995— title 40, United States Code, is amended by

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inserting ‘‘all buildings on the real property (b) TREATMENT OF SECURITY SYSTEMS.— penses of the Library of Congress during a described under section 5102(d)’’ after ‘‘(in- (1) RESPONSIBILITY FOR SECURITY SYS- fiscal year to the applicable appropriations cluding the Administrative Building of the TEMS.—In accordance with the authority of accounts of the United States Capitol Police United States Botanic Garden)’’. the Capitol Police and the Librarian of Con- in order to reimburse the Capitol Police for (B) CAPITOL GROUNDS.—Section 5102 of title gress established under this Act, the amend- services provided in connection with a spe- 40, United States Code, is amended by adding ments made by this Act, and the provisions cial event or program described in section at the end the following: of law referred to in paragraph (3), the Chief 102(a)(4) of such Act. ‘‘(d) LIBRARY OF CONGRESS BUILDINGS AND of the Capitol Police and the Librarian of (c) EFFECTIVE DATE.—The amendments GROUNDS.— Congress shall be responsible for the oper- made by this section shall apply with respect ‘‘(1) IN GENERAL.—Except as provided under ation of security systems at the Library of to services provided by the United States paragraph (2), the United States Capitol Congress buildings and grounds described Capitol Police on or after the date of the en- Grounds shall include the Library of Con- under section 11 of the Act of August 4, 1950, actment of this Act. gress grounds described under section 11 of in consultation and coordination with each SEC. 7. OTHER CONFORMING AMENDMENTS. the Act entitled ‘An Act relating to the po- other, subject to the following: (a) IN GENERAL.—Section 1015 of the Legis- licing of the buildings of the Library of Con- (A) The Librarian of Congress shall be re- lative Branch Appropriations Act, 2003 (2 gress’, approved August 4, 1950 (2 U.S.C. 167j). sponsible for the design of security systems U.S.C. 1901 note) and section 1006 of the Leg- ‘‘(2) AUTHORITY OF LIBRARIAN OF CON- for the control and preservation of Library islative Branch Appropriations Act, 2004 (2 GRESS.—Notwithstanding subsections (a) and collections and property, subject to the re- U.S.C. 1901 note; Public Law 108–83; 117 Stat. (b), the Librarian of Congress shall retain view and approval of the Chief of the Capitol 1023) are repealed. authority over the Library of Congress build- Police. (b) EFFECTIVE DATE.—The amendments ings and grounds in accordance with section (B) The Librarian of Congress shall be re- made by subsection (a) shall take effect Oc- 1 of the Act of June 29, 1922 (2 U.S.C. 141; 42 sponsible for the operation of security sys- tober 1, 2009. Stat. 715).’’. tems at any building or facility of the Li- SEC. 8. DEFINITIONS. (C) CONFORMING AMENDMENT RELATING TO brary of Congress which is located outside of In this Act— DISORDERLY CONDUCT.—Section 5104(e)(2) of the District of Columbia, subject to the re- (1) the term ‘‘Act of August 4, 1950’’ means title 40, United States Code, is amended by view and approval of the Chief of the Capitol the Act entitled ‘‘An Act relating to the po- striking subparagraph (C) and inserting the Police. licing of the buildings and grounds of the Li- following: (2) INITIAL PROPOSAL FOR OPERATION OF SYS- brary of Congress,’’ (2 U.S.C. 167 et seq.); ‘‘(C) with the intent to disrupt the orderly TEMS.—Not later than October 1, 2008, the (2) the term ‘‘Library of Congress Police conduct of official business, enter or remain Chief of the Capitol Police, in coordination employee’’ means an employee of the Li- in a room in any of the Capitol Buildings set with the Librarian of Congress, shall prepare brary of Congress designated as police under aside or designated for the use of— and submit to the Committee on House Ad- the first section of the Act of August 4, 1950 ‘‘(i) either House of Congress or a Member, ministration of the House of Representa- (2 U.S.C. 167); committee, officer, or employee of Congress, tives, the Committee on Rules and Adminis- (3) the term ‘‘Library of Congress Police ci- or either House of Congress; or tration of the Senate, and the Committees vilian employee’’ means an employee of the ‘‘(ii) the Library of Congress;’’. on Appropriations of the House of Represent- Library of Congress Office of Security and (2) REPEAL OF OFFENSES AND PENALTIES atives and the Senate an initial proposal for Emergency Preparedness who provides direct SPECIFIC TO THE LIBRARY OF CONGRESS.—Sec- administrative support to, and is supervised tions 2, 3, 4, 5, 6, and 8 of the Act of August carrying out this subsection. 4, 1950 (2 U.S.C. 167a, 167b, 167c, 167d, 167e, and (3) PROVISIONS OF LAW.—The provisions of by, the Library of Congress Police, but shall 167g) are repealed. law referred to in this paragraph are as fol- not include an employee of the Library of lows: Congress who performs emergency prepared- (3) SUSPENSION OF PROHIBITIONS AGAINST (A) Section 1 of the Act of June 29, 1922 (2 ness or collections control and preservation USE OF LIBRARY OF CONGRESS BUILDINGS AND functions; and GROUNDS.—Section 10 of the Act of August 4, U.S.C. 141). 1950 (2 U.S.C. 167i) is amended by striking ‘‘2 (B) The undesignated provision under the (4) the term ‘‘transition period’’ means the to 6, inclusive, of this Act’’ and inserting heading ‘‘General Provision, This Chapter’’ period the first day of which is the date of ‘‘5103 and 5104 of title 40, United States in chapter 5 of title II of division B of the the enactment of this Act and the final day Code’’. Omnibus Consolidated and Emergency Sup- of which is September 30, 2009. (4) CONFORMING AMENDMENT TO DESCRIPTION plemental Appropriations Act, 1999 (2 U.S.C. The SPEAKER pro tempore. Pursu- OF LIBRARY OF CONGRESS GROUNDS.—Section 141a). ant to the rule, the gentleman from (C) Section 308 of the Legislative Branch 11 of the Act of August 4, 1950 (2 U.S.C. 167j) Pennsylvania (Mr. BRADY) and the gen- is amended— Appropriations Act, 1996 (2 U.S.C. 1964). (D) Section 308 of the Legislative Branch tleman from Michigan (Mr. EHLERS) (A) in subsection (a), by striking ‘‘For the each will control 20 minutes. purposes of this Act the’’ and inserting Appropriations Act, 1997 (2 U.S.C. 1965). ‘‘The’’; SEC. 6. PAYMENT OF CAPITOL POLICE SERVICES The Chair recognizes the gentleman (B) in subsection (b), by striking ‘‘For the PROVIDED IN CONNECTION WITH from Pennsylvania. purposes of this Act, the’’ and inserting RELATING TO LIBRARY OF CON- GENERAL LEAVE GRESS SPECIAL EVENTS. ‘‘The’’; Mr. BRADY of Pennsylvania. Mr. (a) PAYMENTS OF AMOUNTS DEPOSITED IN (C) in subsection (c), by striking ‘‘For the REVOLVING FUND.—Section 102(e) of the Li- Speaker, I ask unanimous consent that purposes of this Act, the’’ and inserting brary of Congress Fiscal Operations Improve- all Members may have 5 legislative ‘‘The’’; and ment Act of 2000 (2 U.S.C. 182b(e)) is amended days in which to revise and extend (D) in subsection (d), by striking ‘‘For the to read as follows: their remarks on the bill now under purposes of this Act, the’’ and inserting ‘‘(e) USE OF AMOUNTS.— ‘‘The’’. consideration. ‘‘(1) IN GENERAL.—Except as provided in The SPEAKER pro tempore. Is there (c) CONFORMING AMENDMENT RELATING TO paragraph (2), amounts in the accounts of JURISDICTION OF INSPECTOR GENERAL OF LI- the revolving fund under this section shall be objection to the request of the gen- BRARY OF CONGRESS.—Section 1307(b)(1) of available to the Librarian, in amounts speci- tleman from Pennsylvania? the Legislative Branch Appropriations Act, fied in appropriations Acts and without fis- There was no objection. 2006 (2 U.S.C. 185(b)), is amended by striking cal year limitation, to carry out the pro- Mr. BRADY of Pennsylvania. I yield the semicolon at the end and inserting the grams and activities covered by such ac- myself such time as I may consume. following: ‘‘, except that nothing in this counts. As chairman of the House Adminis- paragraph may be construed to authorize the ‘‘(2) SPECIAL RULE FOR PAYMENTS FOR CER- Inspector General to audit or investigate any tration Committee, I am pleased to operations or activities of the United States TAIN CAPITOL POLICE SERVICES.—In the case of recommend H.R. 3690, the United Capitol Police;’’. any amount in the revolving fund consisting States Capitol Police and Library of (d) EFFECTIVE DATE.—The amendments of a payment received for services of the Congress Police Merger Implementa- made by this section shall take effect Octo- United States Capitol Police in connection with a special event or program described in tion Act of 2007, to the House. This bill ber 1, 2009. will implement the merger of the Li- SEC. 5. COLLECTIONS, PHYSICAL SECURITY, CON- subsection (a)(4), the Librarian shall transfer TROL, AND PRESERVATION OF such amount upon receipt to the Capitol Po- brary Police into the Capitol Police. ORDER AND DECORUM WITHIN THE lice for deposit into the applicable appropria- Our committee believes the merger LIBRARY. tions accounts of the Capitol Police.’’. plan contained in this bill is sound and (a) ESTABLISHMENT OF REGULATIONS.—The (b) USE OF OTHER LIBRARY FUNDS TO MAKE that Congress should enact it as soon Librarian of Congress shall establish stand- PAYMENTS.—In addition to amounts trans- as possible. ards and regulations for the physical secu- ferred pursuant to section 102(e)(2) of the Li- rity, control, and preservation of the Library brary of Congress Fiscal Operations Improve- This day has been a long time com- of Congress collections and property, and for ment Act of 2000 (as added by subsection (a)), ing. In 2003, Congress passed legislation the maintenance of suitable order and deco- the Librarian of Congress may transfer merging the Library Police and the rum within Library of Congress. amounts made available for salaries and ex- Capitol Police. The goal was to create

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14210 CONGRESSIONAL RECORD — HOUSE December 5, 2007 ‘‘seamless security’’ on Capitol Hill. While bringing together two law en- Capitol Police with a means to commu- The legislation called for the two agen- forcement bodies may seem like an nicate with the Congress on the cies to develop a merger plan for con- easy proposition, whenever you have progress of the merger and impart any gressional approval. two entities with existing cultures, es- guidance or resources that they require Since 2003, many people in both agen- tablished protocols, and disparate mis- to achieve long-term success. I urge cies devoted countless hours to the sions, it is important to conduct a our colleagues to join me in supporting task. For several reasons, 4 years later, merger of those two groups thought- this bill which will help ensure that the merger has not yet been imple- fully and with due diligence. This, we the Library’s treasures are protected mented. This is unfortunate. Much val- have attempted to do. from harm and preserved for genera- uable time has been lost. While the Library of Congress Police tions to come. It’s time to get on with it. If done and the U.S. Capitol Police both serve I want to once again thank Chairman carefully and well, this merger will and protect the Congress and its assets, BRADY and the other members of the make Capitol Hill more secure for the they do so in very different capacities. committee for their hard work on this millions who visit every year and the The U.S. Capitol Police are primarily very, very difficult issue. It seemed thousands privileged to work here charged with securing the Capitol easy, but it wasn’t, and I’m pleased every day. buildings, Members of Congress, staff that we finally have achieved this good Briefly, H.R. 3690 will implement the and visitors and providing an emer- result. merger plan written by the Library and gency planning and response function I also want to thank Chief Morris of the Capitol Police and jointly rec- in the event of a terrorist attack or the U.S. Capitol Police who has han- ommended to our committee and our other unplanned activity. dled this very well and gone through Senate counterpart. Under their plan, b 1600 some very delicate negotiations. In ad- all Library Police employees will move dition, the administration of the Li- to the Capitol Police by September 30, Its core mission is too important to set aside even in the interest of com- brary has been very helpful in trying to 2009. Library officers who meet age and reach agreement, and they, of course, service requirements and who complete pleting this merger. The Library has a mission to serve the Congress and pro- have very legitimate concerns about Capitol Police training will continue as their needs to protect their collection, officers. Library officers who do not vide essential materials to enable Members and staff to get the informa- and they, one and all, have been very meet those requirements will be of- helpful in working with us. fered Capitol Police civilian jobs. tion they need to craft effective legis- This is important: under this plan, lation and perform other essential du- Madam Speaker, I have no further re- nobody will lose their job or suffer a re- ties. One very important yet incom- quests for time, and I yield back the duction in pay, rank, leave, or other plete undertaking within the Library is balance of my time. benefits. Officers now represented by to conduct a complete inventory of its Mr. BRADY of Pennsylvania. Madam the Library’s Fraternal Order of Police collection, not only to have an accu- Speaker, for the RECORD, I include the will transfer to the Capitol Police’s rate record of what materials are in its following exchange of letters between FOP who will bargain with manage- possession, but to also create a base- the Committee on Oversight and Gov- ment over seniority and other labor line for measurement of its inventory ernment Reform and the Committee on matters that may arise during the control efforts going forward. The com- House Administration concerning H.R. merger. mittee is working closely with Library 3690: The plan shifts jurisdiction over Li- staff to ensure that progress continues HOUSE OF REPRESENTATIVES, COM- brary buildings in Washington to the to be made on the inventory of its col- MITTEE ON OVERSIGHT AND GOV- Capitol Police. The Librarian will re- lections, despite the additional work ERNMENT REFORM, Washington, DC, December 5, 2007. tain responsibility for design of secu- and effort required to unite these two Hon. ROBERT A. BRADY rity systems and will issue regulations law enforcement bodies. Chairman, Committee on House Administration, to protect his collections and maintain The Library and the U.S. Capitol Po- Washington, DC. order. Finally, the bill provides for lice have studied the effects of this DEAR CHAIRMAN BRADY: I am writing to handling employment-related claims merger on executing their core oper- confirm our mutual understanding with re- during the transition and authorizes ations and how problematic aspects spect to the consideration of H.R. 3690, the Library reimbursement of Capitol Po- might be mitigated. I am confident U.S. Capitol Police and Library of Congress lice costs for special events. As PAYGO that both organizations will continue Police Merger Implementation Act of 2007. rules require, a minor increase in di- to carry out their core functions with As you know, on November 7, 2007, the rect spending is fully offset. the level of excellence that the Con- Committee on House Administration ordered Mr. Speaker, the committee believes gress has come to expect. H.R. 3690 reported to the House. The Com- Over the past 4 years, through nu- mittee on Oversight and Government Reform this is a sound plan. I commend every- appreciates your effort to consult regarding one involved in both agencies, espe- merous hearings and countless meet- those provisions of H.R. 3690 that fall within cially for ensuring that nobody loses a ings with staff of both organizations, the Oversight Committee’s jurisdiction. job or pay. It has been my pleasure the Library and the Capitol Police More specifically, those sections involving working with the gentleman from have exhibited a commitment to apply the federal workforce. Michigan (Mr. EHLERS) who spent the law enforcement expertise of the In the interest of expediting consideration much time on this matter while chair- U.S. Capitol Police to the unique needs of H.R. 3690, the Oversight Committee will man of the committee during the last of the Library, creating an organiza- not separately consider this bill. The Over- Congress. We would not be here today tion that will be greater than the sum sight Committee does so, however, with the of its parts. They have worked to put understanding that this does not prejudice without his efforts. I urge an ‘‘aye’’ the Oversight Committee’s jurisdictional in- vote. in place policies and procedures that terests and prerogatives regarding this bill I reserve the balance of my time. will ensure that this union is success- or similar legislation. Mr. EHLERS. Mr. Speaker, I thank ful and that it achieves the desired ob- I respectfully request your support for the the gentleman from Pennsylvania for jectives of both organizations. Still, appointment of outside conferees from the his kind words and particularly for his this merger marks a beginning, not an Oversight Committee should H.R. 3690 or a leadership on this issue and finally end. similar bill be considered in conference with bringing it to fruition. As he said, it As ranking member of the Com- the Senate. has taken far too long. But now it is mittee on House Administration, I look I also request that you include our ex- here and we are doing it right. forward to working with Chairman change of letters on this matter in the Con- gressional Record during consideration of I rise in support of H.R. 3690, the U.S. BRADY to make certain that, going for- this legislation on the House floor. Capitol Police and Library of Congress ward, both organizations have the re- Thank you for your attention to these Police Merger Implementation Act of sources and assistance they need to matters. 2007, which will provide for the merger successfully integrate their law en- Sincerely, between the Library of Congress Police forcement divisions. In particular, we HENRY A. WAXMAN and the United States Capitol Police. wish to provide the Library and the Chairman.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14211 HOUSE OF REPRESENTATIVES, COM- GENERAL LEAVE mending Ms. Stonesifer for her initial MITTEE ON HOUSE ADMINISTRA- Mr. BRADY of Pennsylvania. Madam appointment. I was very impressed TION, Speaker, I ask unanimous consent that with her qualifications at that time. Washington, DC, December 5, 2007. all Members may have 5 legislative She has not disappointed us. She has Hon. HENRY WAXMAN, Chairman, Committee on Oversight and Govern- days to revise and extend their re- done very well. ment Reform, House of Representatives, marks on this joint resolution and to In her role as chief executive officer Washington, DC. include extraneous matter. of the Bill and Melinda Gates Founda- DEAR MR. CHAIRMAN: I write to confirm our The SPEAKER pro tempore. Is there tion, Ms. Stonesifer leads the founda- mutual understanding with respect to your objection to the request of the gen- tion in their mission to help all peoples claim of jurisdiction regarding H.R. 3690, the tleman from Pennsylvania? of the world lead healthy, productive U.S. Capitol Police and Library of Congress There was no objection. lives. At the end of last year, under the Police Implementation Act of 2007. As you Mr. BRADY of Pennsylvania. Madam leadership of Ms. Stonesifer, the Bill know, the Committee on House Administra- Speaker, I yield myself as much time and Melinda Gates Foundation had an tion reported H.R. 3690 to the House on De- cember 4, 2007. as I may consume. endowment of approximately $33 bil- Given the importance of moving this legis- This joint resolution would reappoint lion, and remains one of the largest lation forward promptly, I appreciate your Patricia Stonesifer to a new 6-year charitable foundations in the world. decision not to pursue your claim of jurisdic- term as a citizen regent of the Smith- In developing countries, the founda- tion at this time and your willingness to sonian Institute. Her current term will tion focuses on improving people’s allow it to move forward today. Further- expire December 22. Ms. Stonesifer is health and giving them the chance to more, I agree that this action in no way di- the chief executive officer of the Bill lift themselves out of hunger and ex- minishes or alters the jurisdictional interest and Melinda Gates Foundation, a re- treme poverty. In the United States, it of our respective committees with regard to future legislation. nowned philanthropic institution based seeks to ensure that all people, espe- Sincerely, in Seattle, Washington. She was pre- cially those with the fewest resources, ROBERT A. BRADY, viously a senior vice president at have access to the opportunities they Chairman. Microsoft. need to succeed in school and life. For I have no further requests for time, On the Smithsonian Board of Re- all three of the Bill and Melinda Gates and I yield back the balance of my gents, Stonesifer is currently Chair of Foundation program groups, Patty time. the Executive Committee, the institu- Stonesifer sets strategic priorities, The SPEAKER pro tempore (Ms. tion’s most important internal panel monitors results and facilitates rela- SOLIS). The question is on the motion which acts on behalf of the board be- tionships with key partners. offered by the gentleman from Penn- tween its meetings. She also chairs the Before helping Bill and Melinda sylvania (Mr. BRADY) that the House Compensation and Human Resources Gates launch the Gates Learning Foun- suspend the rules and pass the bill, Committee. dation in 1997, Ms. Stonesifer was a H.R. 3690, as amended. Ms. Stonesifer previously chaired the senior vice president at Microsoft, The question was taken; and (two- Governance Committee which guided where she was responsible for an $800 thirds being in the affirmative) the the board’s most significant action this million business activity focused on rules were suspended and the bill, as year, preparing its comprehensive re- interactive entertainment, news, infor- amended, was passed. port last June responding to the broad mation and service products. She is ac- A motion to reconsider was laid on range of issues emerging from the res- tive in a number of other charitable en- the table. ignation of former Secretary Lawrence deavors, and has served as a member of Small. Proper implementation of this the U.S. delegation to the United Na- f report will be critical to the effective tions General Assembly Special Ses- REAPPOINTMENT OF PATRICIA Q. reform and modernization of the sion on AIDS. STONESIFER AS A CITIZEN RE- Smithsonian. As Chair of the Smithsonian’s Gov- GENT OF THE BOARD OF RE- The House Administration Com- ernance Committee, Ms. Stonesifer led GENTS OF THE SMITHSONIAN IN- mittee, as the House panel with exclu- the board’s efforts to implement best STITUTION sive jurisdiction over Smithsonian gov- practices in the nonprofit sector, and ernance matters, will exercise vigorous helped develop and implement the rec- Mr. BRADY of Pennsylvania. Madam oversight to ensure that the board ap- ommendations from the independent Speaker, I move to suspend the rules proves additional significant changes. review committee designed to and pass the Senate joint resolution As the Smithsonian Board of Regents strengthen the board’s oversight of the (S.J. Res. 8) providing for the re- undertakes the urgent task of rein- institution and reform its operations. appointment of Patricia Q. Stonesifer venting itself as a full-time manage- In June, the board formally adopted as a citizen regent of the Board of Re- ment and policymaking body, Ms. the Governance Committee’s 25 rec- gents of the Smithsonian Institution. Stonesifer’s expertise and willingness ommendations, and they are on target The Clerk read the title of the Senate to communicate with Congress will for completion by early 2008. joint resolution. continue to be a valuable asset. Mem- She has performed incredibly well in The text of the Senate joint resolu- bers of the House Administration Com- all of these areas, and the problems tion is as follows: mittee held a briefing with her 3 weeks that we have had at the Smithsonian S.J. RES. 8 ago, were impressed by her continued are well underway to conclusion simply Resolved by the Senate and House of Rep- commitment to the task ahead, and due to the work of Ms. Stonesifer. The resentatives of the United States of America in agreed to move this joint resolution ex- reforms include a reexamination of Congress assembled, That, in accordance with peditiously. I want to thank the rank- compensation, compliance with the section 5581 of the Revised Statutes (20 ing member again, Mr. EHLERS, for his Freedom of Information Act, and re- U.S.C. 43), the vacancy on the Board of Re- gents of the Smithsonian Institution, in the active participation and cooperation in structuring senior management to cre- class other than Members of Congress, occur- these actions. ate a stronger reporting relationship ring because of the expiration of the term of Madam Speaker, I urge the passage with the board. Once implemented, Patricia Q. Stonesifer of Washington, is of the joint resolution. these strengthened government prac- filled by the reappointment of Patricia Q. I reserve the balance of my time. tices will be an important step towards Stonesifer, for a term of 6 years, effective Mr. EHLERS. Madam Speaker, as the restoring faith in the Smithsonian and December 22, 2007. ranking member of the House Adminis- its management structure, and they The SPEAKER pro tempore. Pursu- tration Committee, I’m pleased to sup- demonstrate the positive impact of Ms. ant to the rule, the gentleman from port the reappointment of Patty Stonesifer’s leadership in this area. Pennsylvania (Mr. BRADY) and the gen- Stonesifer as a citizen regent of the After meeting once again with Ms. tleman from Michigan (Mr. EHLERS) Smithsonian Institution. Stonesifer, I’m confident that her each will control 20 minutes. Six years ago I stood at this very unique blend of business and philan- The Chair recognizes the gentleman microphone in a slightly different role thropic experience will continue to be from Pennsylvania. as a member of the majority recom- a most valuable factor on the board

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14212 CONGRESSIONAL RECORD — HOUSE December 5, 2007 that is charged with overseeing the Na- the first 8,500-foot section of the Federal Whereas from its tradition of handling tion’s attic, our fond description for breakwater that was completed in 1911, wid- fishing, lumber, and hides at the turn of the the Smithsonian. ening and dredging of the Main Channel to century to today’s reputation for expedi- I urge my colleagues to join me in accommodate the largest vessels of that era, tiously moving a diverse, unprecedented and completion by the Southern Pacific global cargo mix, the Port of Los Angeles supporting a very capable person, Railroad of its first major wharf in San now looks toward its next 100 years with a Patty Stonesifer, for reappointment to Pedro, allowing railcars to efficiently load legacy as an undisputed international leader the Smithsonian’s Board of Regents. and unload goods simultaneously; in setting global standards for industry-lead- Madam Speaker, I have no further re- Whereas the Port was involved in World ing environmental initiatives, terminal effi- quests for time, and I yield back the War II on a massive scale, with every vessel ciency, and sustainable growth: Now, there- balance of my time. building operation assisting in the construc- fore, be it Mr. BRADY of Pennsylvania. Madam tion, conversion, and repair of vessels for the Resolved, That the House of Representa- tives— Speaker, I have no further requests for war effort, and shipbuilding quickly became the Port of Los Angeles’s prime economic ac- (1) recognizes the 100th anniversary year of time, and I yield back the balance of the founding of the Port of Los Angeles, my time. tivity, with California Shipbuilding Corp., Bethlehem Shipbuilding Corp., Consolidated which is the Nation’s largest containerport; The SPEAKER pro tempore. The Steel Corp., Todd Shipyards, and other en- (2) congratulates the Port of Los Angeles question is on the motion offered by terprises collectively employing more than for its achievements as a leader throughout the gentleman from Pennsylvania (Mr. 90,000 workers; its history in implementing modern and in- BRADY) that the House suspend the Whereas in August 1958, the HAWAIIAN novative transportation and goods move- rules and pass the Senate joint resolu- MERCHANT delivered its first shipment of ments systems that are compatible with re- tion, S.J. Res. 8. 20 cargo containers to the Port of Los Ange- sponsible environmental stewardship; and (3) wishes the Port of Los Angeles contin- The question was taken; and (two- les, marking the beginning of the container- ized cargo revolution in California; ued success during its next 100 years as it thirds being in the affirmative) the strives to remain the Nation’s largest and rules were suspended and the Senate Whereas the Port was a principal partner of the $2,500,000,000 Alameda Corridor project most successful conveyor of the Nation’s and joint resolution was passed. which opened in April 2002 as a 20-mile rail the world’s commerce. A motion to reconsider was laid on expressway that reliably and efficiently con- The SPEAKER pro tempore. Pursu- the table. nects the Port to America’s transcontinental ant to the rule, the gentlewoman from f rail system, a project which epitomizes the California (Ms. RICHARDSON) and the Port’s involvement in developing robust re- gentleman from Ohio (Mr. RECOGNIZING THE 100TH ANNIVER- gional transportation infrastructure solu- LATOURETTE) each will control 20 min- SARY YEAR OF THE FOUNDING tions by working in partnership with local, utes. OF THE PORT OF LOS ANGELES regional, and statewide agencies to improve The Chair recognizes the gentle- Ms. RICHARDSON. Madam Speaker, goods movement systems; woman from California. Whereas the Port’s 2004 completion of the I move to suspend the rules and agree nearly 500-acre Pier 400 container complex as GENERAL LEAVE to the resolution (H. Res. 822) recog- the largest single-user container terminal in Ms. RICHARDSON. Madam Speaker, nizing the 100th anniversary year of the world has been acclaimed as an engineer- I ask unanimous consent that all Mem- the founding of the Port of Los Ange- ing marvel and model of operational effi- bers may have 5 legislative days within les, as amended. ciency; which to revise and extend their re- The Clerk read the title of the resolu- Whereas the Port of Los Angeles has long marks and to include extraneous mate- tion. recognized its responsibility for infrastruc- rial on House Resolution 822. The text of the resolution is as fol- ture and operational improvements that are The SPEAKER pro tempore. Is there lows: supportive of sustainable growth compatible objection to the request of the gentle- with environmental stewardship, the most H. RES. 822 recent example being a historic November woman from California? Whereas on December 9, 1907, the Los An- 2006 action by the Boards of Harbor Commis- There was no objection. geles City Council approved City Ordinance sioners of Los Angeles and Long Beach in ap- Ms. RICHARDSON. Madam Speaker, No. 15621, creating the Board of Harbor Com- proving an aggressive plan to reduce air pol- I yield myself such time as I may con- missioners and officially founding the Port lution by nearly 50 percent in 5 years, mak- sume. of Los Angeles; ing the San Pedro Bay Ports Clean Air Ac- Madam Speaker, I’m proud to honor Whereas the Port of Los Angeles’s earliest tion Plan the world’s first program address- the Port of Los Angeles today with the history was recorded by Portuguese explorer ing all port-related emission sources to sig- passage of House Resolution 822, which Juan Rodriguez Cabrillo who named this nat- nificantly reduce health risks posed by re- recognizes the port’s 100th anniversary. ural harbor ‘‘Bahia de los Fumos’’ or ‘‘Bay of gional air pollution from port-related oper- I was pleased to undertake this effort Smokes’’ on October 8, 1542, when he noted ations; with my colleague from the Republican that the bay ‘‘is an excellent harbor and the Whereas the Port of Los Angeles is located side of the aisle, Representative DANA country is good with many plains and groves in San Pedro Bay, California, and is part of ROHRABACHER. of trees’’; the Southern California port complex which Whereas in the 1850s, a spirited entre- handles more than 43 percent of all goods ar- The Port of Los Angeles enjoys a preneur named Phineas Banning began the riving in the United States, impacting over meaningful history, Madam Speaker, first of a lifetime of ventures that would 1,000,000 jobs nationwide; starting in the mid-19th century as a eventually earn him distinction as the ‘‘Fa- Whereas as a premier international gate- trading center for furs and hides serv- ther of Los Angeles Harbor’’ by leading the way, the Port of Los Angeles is the leading iced by stagecoaches and wagons and evolution of the harbor from a trading center container handling port in the United transforming over time into a distinc- for fur and hides to a hub for more diverse States, with more than 8,500,000 TEU’s (twen- tion today as the Nation’s largest con- commerce, largely through a freight and pas- ty-foot equivalent units) recorded in 2006, tainer port. senger transportation business that grew thus retaining its stature as the leading In 1911, Rear Admiral John C. Walker into a shipping firm with 15 stagecoaches United States containerport for the seventh helped push for greater development in and 50 wagons serving five western States; consecutive year; Whereas the Los Angeles and San Pedro Whereas the Port of Los Angeles as part of the San Pedro Bay, and his efforts re- Railroad began service between San Pedro the San Predro Bay Port Complex has grown sulted in the first Federal breakwater. Bay and Los Angeles in 1869 as a 21-mile 246 percent over the past 11 years, tripling its In World War II, the Port of Los An- stretch of track comprising the first railroad trade-related jobs, generating $256,000,000,000 geles played a large role in our Na- in Southern California and marking the be- in commerce, and producing $28,000,000,000 in tion’s ability to respond to the ship- ginning of a new era of development for the tax revenue, and is expected to triple again building challenge and to arm the U.S. harbor region; the amount of cargo handled by 2030; Navy. This effort also quickly became Whereas proposals for new ports in Whereas in 2007, under the leadership of a part of the Port of Los Angeles’ present-day Santa Monica, Marina del Rey, Los Angeles Mayor Antonio Villaraigosa, prime economic activity. and Redondo Beach began surfacing in the President S. David Freeman and the Board of More recently, in 2004 the port com- late 1800s until 1897, when a five-man board Harbor Commissioners, and Executive Direc- of engineers, chaired by Rear Admiral John tor Geraldine Knatz, the Port is celebrating pleted the 500-acre Pier 400 container C. Walker, settled the great free-harbor fight its Centennial, commemorating the great complex as the largest single user con- by recommending continued port develop- strides made in its 100-year tradition of serv- tainer terminal in the world, which has ment in San Pedro Bay, resulting in addi- ice as an international trade hub and mari- been acclaimed as an engineering mar- tional improvements to the harbor including time industry leader; and vel.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14213 b 1615 guiding this legislation to the floor in And at this time, I would like to in- The Port of Los Angeles is located in such a quick manner. sert into the RECORD an article from the San Pedro Bay in California and is Madam Speaker, I reserve the bal- today’s edition of the Daily Breeze. a part of the Southern California port ance of my time. [From the Daily Breeze, Dec. 5, 2007] complex. In California, both ports, Los Ms. RICHARDSON. Madam Speaker, PORT OF LOS ANGELES MARKS 100 YEARS Angeles and Long Beach, process ap- I wish to recognize for 3 minutes a SINCE ITS CREATION proximately 85 percent of the State’s strong ally of the Port of Los Angeles (By Art Marroquin) goods movement program. For the Na- and my friend from Los Angeles Coun- San Pedro Bay had been struggling as a tion, the Southern California complex ty, the gentlewoman from California port for nearly a half-century, but the mud additionally handles more than 45 per- (Ms. HARMAN). flats surrounding the inland harbor failed to cent of the entire Nation’s cargo arriv- Ms. HARMAN. I thank the gentle- excite railroad magnate Collis P. Hun- tington. ing in the United States, impacting woman for yielding to me and com- So rather than run his Southern Pacific over 1 million jobs nationwide. As a mend her for her leadership on this leg- Railroad down to San Pedro, Huntington premier international gateway, the islation, along with Mr. ROHRABACHER. bought more than 200 acres in Santa Monica Port of Los Angeles has been recorded In 2 months in Congress, you have hit in the hope of bolstering his vision for a as the number one largest container the ground running, and we’re all very ‘‘Port Los Angeles.’’ handling port in the United States for proud to serve as your colleagues. He built a wharf that extended 4,720 feet the last 7 consecutive years. into the Pacific Ocean, attracting more than Madam Speaker, I rise in support of 300 cargo ships during its first year in 1893. My colleagues, the impact of the this resolution congratulating the Port ‘‘He wanted people to think his port was Port of Los Angeles is monumental, of Los Angeles on its 100th anniversary. close to Los Angeles, when in fact it wasn’t,’’ and the numbers are staggering. The When I first came to Congress in 1992, said Ernest Marquez of West Hills, who port has grown 246 percent over the the Port of L.A. looked far different chronicled Huntington’s efforts in his 1975 last 11 years, tripling its trade-related than it does today. It wasn’t quite the book ‘‘Port Los Angeles: A Phenomenon of jobs, generating $256 billion in com- sleepy port of 100 years ago, with mule- the Railroad Era.’’ merce, and producing $28 billion in tax ‘‘If he was successful, then the region’s driven trains and wooden ships. It was economy would have been at the mercy of revenue. This growth is not likely to a regional presence. But today it is the Southern Pacific and that would have been slow, as the port is expected to again largest container port in the United disastrous,’’ Marquez said. triple the amount of cargo it handles States and part of the fifth busiest con- While Huntington tried to get his Santa by the year 2030. tainer complex in the world. It sup- Monica port recognized as the official harbor With this progress comes great re- ports over 250,000 jobs at the port and for the Los Angeles region, efforts were al- sponsibility, however. In 2006, the his- adjacent communities and nearly 1 ready under way to bulk up the port in San Pedro. toric Clean Air Action Plan was agreed million jobs worldwide. It is an eco- to by the Boards of Harbor Commis- U.S. Sen. Stephen M. White, the Los Ange- nomic powerhouse whose importance les Chamber of Commerce and Los Angeles sioners, which seeks to reduce air pol- to Southern California and the Nation Times Publisher Harrison Gray Otis believed lution by 50 percent in the next 5 years. cannot be overstated. the port should be a city-operated enterprise With House Resolution 822, the House In recent years, the port has taken and pushed efforts to build a ‘‘Port of Los now has an opportunity to bestow the great strides to address the challenges Angeles’’ in San Pedro Bay. appropriate recognition on the Port of that come with being a major port in ‘‘Those men saw potential for the mud Los Angeles that it deserves after 100 flats in San Pedro,’’ Marquez said. ‘‘They be- the 21st century. It has dedicated mil- lieved the harbor could be developed by lots years of successful operation and serv- lions to ensuring the quality of life for ice to the American public and our of digging and dredging.’’ the surrounding communities, many of To a lesser extent, interests in Redondo economy. which are located in my congressional Beach and Playa del Rey had tried to enter I urge my colleagues to support district. It has also taken on the fray, but those efforts quickly fell by the House Resolution 822. groundbreaking environmental initia- wayside, setting the scene for an epic battle Madam Speaker, I reserve the bal- tives to reduce the air pollution that it that became known as the ‘‘Free Harbor ance of my time. generates. Maybe most importantly, Contest.’’ Mr. LATOURETTE. Madam Speaker, Congress established the River and Harbor I yield myself such time as I may con- 100 years ago there was no such thing Act of 1896, which created a commission to sume. as a maritime security strategy. decide whether federal funds should go to Madam Speaker, House Resolution Today, the issue is of paramount im- Santa Monica or San Pedro. portance, and the port has been a na- Three years later, Congress put its money 822 recognizes the 100th anniversary of on San Pedro and breakwater construction the Port of Los Angeles. The Port of tional leader. In the hours after the September 11 began a short time afterward. Los Angeles is the busiest port in the ‘‘There was no way a harbor of this mag- United States in terms of maritime attacks, port officials, the Coast nitude could have been developed in Santa cargo volume and, when combined with Guard, and local law enforcement exe- Monica because there are too many cliffs on the adjoining Port of Long Beach, is cuted a pre-approved plan that quickly the beach, and it was wide open to the the fifth busiest commercial seaport and efficiently secured the port. The ocean,’’ Marquez said. ‘‘San Pedro was fa- worldwide. planning, communication and execu- vored because the harbor went inland and This trade is a critical component to tion we saw that day became the inspi- protected ships from the open seas.’’ ration for many of the security initia- The city of Los Angeles then annexed a 16- our national economy, and directly and mile strip of land to connect to the port in indirectly supports millions of jobs na- tives that have come since, including 1906. The communities of San Pedro and Wil- tionwide. The port has also taken ac- the SAFE Port Act, which I coauthored mington were annexed three years later. tion to lessen impacts on the sur- with my California colleague, DAN The city’s newfound ownership of the port rounding areas and the environment by LUNGREN, and which became law last gave rise to a new harbor commission, a recently implementing a comprehen- year. three-member panel appointed in 1907 by As I mentioned, Congresswoman then-Mayor A.C. Harper. sive strategy to reduce emissions from The 100th anniversary of the harbor com- RICHARDSON deserves enormous ap- ships and port operations. mission’s creation will be marked during a I join the resolution’s sponsors, Con- praise for her leadership on an issue celebration at 4 p.m. Sunday. gresswoman RICHARDSON of California that was very timely but which the The bash will include historical displays, and Congressman ROHRABACHER of rest of us had overlooked. I don’t think refreshments, boat shows and a performance California, and all of the cosponsors in this resolution would have come to the by Taiwan’s Evergreen Symphony Orchestra. recognizing the Port of Los Angeles’ floor without her initiative. And it A fireworks display is set for 7 p.m. first 100 years and wishing the port really is a big deal to the San Pedro The first commissioners—George H. Stew- community. art, Frederick William Braun and T.E. Gib- continued success in the future. bon—regularly met in downtown Los Angeles I urge all Members to support the I look forward to working with her as and made ‘‘big news’’ during the rare occa- resolution. And I want to congratulate her partner when we celebrate the next sions they traveled about 20 miles south to one of our newest Members in the 100 years. We may be feeble, but we will San Pedro, according to Geraldine Knatz, ex- House, Congresswoman RICHARDSON, on be here. ecutive director for the Port of Los Angeles.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14214 CONGRESSIONAL RECORD — HOUSE December 5, 2007 The panel didn’t have a budget and its have mentioned today, the Port of Los unacceptable now. As container traffic members often had to pay for expenses out of Angeles, which I am proud to say is lo- grows, the situation will get worse un- their own pockets, she said. cated in my district, will celebrate its less we act. ‘‘When the voters approved the annexation If we continue with the current and bond improvements for port improve- 100-year anniversary. ments, the money went to the Board of Pub- Yes, the Port of Los Angeles has had method of transporting those con- lic Works, not the harbor commissioners,’’ a long and distinguished history. It was tainers individually by truck system, Knatz said. ‘‘It got so bad that all the com- the location of one of the first rail- the whole system will collapse as it missioners resigned in disgust by 1913.’’ roads in Southern California. We are pollutes and clogs Southern Califor- The first harbor commission faced many of also proud of the crucial role played by nia’s roads and freeways. That said, the struggles that persist today, such as the Port of Los Angeles in the battle however, there is a new solution on the building new infrastructure and bolstering for the Pacific during the Second way, a new clean and efficient way of regional economic development, Knatz said. ‘‘When you read through the meeting min- World War. moving containers through the ports utes from 100 years ago, you learn that noth- Throughout its history, the Port of through inland railroad depot, a way ing really changes,’’ Knatz said. ‘‘There will Los Angeles has been a harbinger of that will revolutionize the process. never be enough money, you’ll be lobbied by prosperity and economic growth, as This new approach has bipartisan sup- different interest groups, and you’ll always well as an impetus for the engineering port. That bipartisan support ranges have to deal with residents who live near the and technology development that we from myself and Governor port. It’s always going to be hard.’’ have noted. In August of 1958, for ex- Schwarzenegger to my Democratic col- The port has come a long way since those ample, a cargo vessel named the Hawai- leagues, Representatives RICHARDSON early years, with the arrival of cargo con- tainer ships in 1937, the advent of towering ian Merchant delivered its first ship- and OBERSTAR. gantry cranes during the late 1960s and, more ment of 20 cargo containers to the Port The cutting-edge technology to recently, an environmental push aimed at re- of Los Angeles, ushering in a cargo which I refer is an electronic cargo ducing diesel emissions from ships and container revolution that has had an conveyor system. Instead of being load- trucks. enormous impact on the world econ- ed onto trucks to sit in traffic, con- About 15.8 million cargo units passed omy. tainers will be quickly sent to an inte- through the ports of Los Angeles and Long Let us note on this 100th anniversary rior rail depot utilizing clean electric Beach last year, accounting for more than 40 that there was someone who played an mag-levlike technology, an electronic percent of the nation’s imports. That num- ber is expected to double by 2020 and nearly important role in providing the infra- conveyor belt system of sorts. With triple by 2030, according to local economist structure to the ports and to the trans- container traffic being removed from John Husing. portation systems that serve the ports. our roads and our freeways, traffic and Additionally, some 500,000 people in South- Let us pay homage to Congressman health conditions will dramatically im- ern California are employed directly and in- Glen Anderson, who helped provide, prove. We will be able to quickly and directly by port-related businesses, Husing with his influence in this House as cleanly move the cargo out of our ports said last month. chairman of the Transportation Com- and to consumer outlets throughout ‘‘The port is a vital part of our national mittee, such support that gave us the economy, but it is just as important locally, the United States. And the best part, providing good jobs for generations of local infrastructure we needed to have the Madam Speaker, is that it will cost residents,’’ said Los Angeles City Council- great port complex of Los Angeles and less to build and run a new system like woman Janice Hahn, whose 15th District in- Long Beach. I have just described than to continue cludes the port. When I first was a Member elected to pay to have containers shipped indi- To remain competitive, the port must con- here, Glen Anderson was still serving vidually by truck. tinue to grow while also keeping the envi- here, and I was proud to call him my The ports in Southern California will ronment in mind, Husing said. friend. He has left us a legacy that he continue to prosper and lead the way Several shipping companies operating at the Port of Los Angeles are studying expan- can be proud of. as long as it is willing to innovate with sion options that call for environmentally We’ve come a long way in these last the type of creativity reflected in the friendly accommodations, such as AMP tech- 50 years, with the help of people like mag-lev system that I just discussed. I nology that allows container ships to ‘‘plug Glen Anderson. Those initial 20 cargo congratulate the Port of Los Angeles in’’ to a generator and operate on electrical containers have grown to over 8.5 mil- and its board of directors on their anni- power while docked, rather than idling on lion cargo containers just last year. versary and the tremendous success of their diesel engines. And as we noted, the combination of the last 100 years. China Shipping was the first company to the Ports of Los Angeles and Long We have other issues as well, and let use the technology at the Port of Los Ange- Beach represent the fifth largest port les, resulting in the elimination of 300 tons me just note one other issue as we of pollution-forming nitrogen oxides since complex in the world. More than 43 per- know, and Ms. HARMAN has played a 2004, according to port officials. cent of all goods arriving in the United major role in trying to develop the se- ‘‘Growing green is imperative if any kind States enter through this port com- curity that we need at our ports of Los of expansion is going to happen,’’ Knatz said. plex. And I guarantee you that in every Angeles and Long Beach. There are se- ‘‘It’s always difficult to be out front on these congressional district represented in curity needs and other infrastructure issues, but we can’t afford to be a follower.’’ this Congress, there is something there needs that will cost money. Whenever Indeed, the ports of Los Angeles and Long that has been brought through the you have any benefit, it will cost. We Beach approved a clean air plan in 2006 aimed at reducing emissions by 50 percent international gateway, which is the need to face the cost of these improve- over the next five years. Port of Los Angeles. ments with the same creativity that I The ports are poised in 2008 to roll out the There is a challenge in this new cen- just discussed technologically that we plan’s first provisions, including a so-called tury, several challenges, however. need to do in the cargo movement. Clean Trucks Program that calls for replac- Madam Speaker, our greatest chal- The way that I would suggest, and I ing or retrofitting about 16,000 diesel-spew- lenge is to improve the way that con- hope that on this anniversary that we ing big rigs with cleaner-burning vehicles by tainers are moved through the port note that, yes, Glen Anderson played 2012. complex of Los Angeles and Long an important role in getting Federal ‘‘The time has come for us to truly commit to cleaning up our air and limiting emissions Beach. Over 70 percent of the con- money for the ports. That is not an from the port,’’ Hahn said. ‘‘It is my hope tainers now arriving in our ports are unending source of revenue. But if we that working together, we can finally have headed inland from Southern Cali- were to charge a container fee and base both a productive and efficient port, but also fornia to destinations and localities our improvements in the ports, instead clean and healthy communities.’’ within the United States. Every day, of on the taxpayers of the United Mr. LATOURETTE. Madam Speaker, thousands of these containers are States channeling money to our ports, at this time it is my pleasure to yield hauled by truck from the port to in- that we instead charge those using the as much time as he may consume to land rail depots. This results in unsafe ports a reasonable container fee so that the gentleman from California (Mr. road conditions, traffic jams, dan- those who have set up manufacturing ROHRABACHER). gerous health conditions, pollution, facilities in China and elsewhere will Mr. ROHRABACHER. Madam Speak- and our freeways and our roadways are pay to utilize the ports, that container er, next week, on December 9, as we unacceptably crowded. And yes, that is fee will not only be fair, but it will be

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14215 something that will provide us a new in this Nation imports or exports goods migrants and live in our districts in source of revenue in order to provide through the Los Angeles port complex. Los Angeles. the security and infrastructure needs It is truly America’s gateway, and we The fact is these ports and their of the future. have an opportunity provided by you to workers are vital to all of our U.S. So these two combination things, the recognize the 100th anniversary, and we economy. As you have heard, they pro- new mag-lev technology conveyor belt hope there is unanimous support for vide movement of 8.5 million con- system I described, and a new con- your resolution. tainers, and 1 million jobs throughout tainer fee which is basically a user fee Mr. LATOURETTE. Madam Speaker, the United States, not just in Los An- for those using the ports, will be the it’s my pleasure to yield such time as geles and in California. And my district type of innovation that will ensure he may consume to another gentleman is home to many factories and compa- that the Ports of Los Angeles, and yes, from California (Mr. DANIEL E. LUN- nies and distribution centers that im- the port complex in Long Beach, has a GREN). port and export their products through great second 100 years, and that, again, Mr. DANIEL E. LUNGREN of Cali- these ports. The $8 billion in trade this port complex will provide us with fornia. I thank the gentleman for the from imports impact my district tre- an example of innovation and forward time. mendously, and it is expected to triple thinking and economic prosperity that Madam Speaker, I rise in support of by the year 2030, undertaking, you’ve will serve all of the people of the the resolution. As one who grew up in heard, the $2 billion Clean Air Action United States. the City of Long Beach and spent a Plan to reduce emissions by 50 percent Again, I congratulate the Port of Los great deal of time as a child being in 5 years, replacing dirty diesel trucks Angeles on their 100th anniversary. taken by parents down to the Ports of from the ports, and requiring low sul- Ms. RICHARDSON. Madam Speaker, Los Angeles and Long Beach and hav- fur gas to be used by the incoming I wish to recognize for 2 minutes my ing as a college student in the summer- ships. good friend and representative who time worked in the Port of Los Ange- We congratulate and are joined by covers the Port of San Diego, our sister les, I have had the opportunity to see many other members of the Los Ange- port, the gentleman from California that port grow, along with its sister les delegation, including DAVID DREIER, (Mr. FILNER). port, the Port of Long Beach. The who just stopped by and said that he Mr. FILNER. I thank the gentlelady, progress that has been made there, the too joins us on congratulating the Port and I thank you for your leadership, advances that have been made there, of Los Angeles on the great strides to which has come very early in your con- the jobs that have been created there, improve our environment and in strong gressional career. It’s nice to be here. the tremendous economic engine that support of this bill. Thank you for allowing a Congressman that port is, is an example to not only I also request my colleagues to join from San Diego to join you in this cele- California and the country but to the us in passing this resolution honoring bration of the 100th anniversary of the rest of the world how you can take a the Port of Los Angeles on their 100th Port of Los Angeles. natural resource and in some ways re- anniversary. As a representative of San Diego, fine it and in some ways make it better Mr. LATOURETTE. Madam Speaker, there are a lot of things we don’t want than it was before so that it enhances I reserve the balance of my time. to imitate about Los Angeles, but we the entire area or the entire region. Ms. RICHARDSON. Madam Speaker, look with envy at the economic engine The Port of Los Angeles has a distin- I wish to yield 2–1/12 minutes to my that the Port of Los Angeles rep- guished record. It is one that is marked dear friend also from the Los Angeles resents. It is truly, and I say this with with achievement. It is one that is County area, the gentlewoman from some envy, Southern California’s gate- marked with advances in technology, California, Ms. ROYBAL-ALLARD. way to international commerce, main- and it is one that has always contrib- Ms. ROYBAL-ALLARD. Madam taining its competitive edge with uted to the health of the region that I Speaker, I rise in support of House Res- record-setting cargo operations, used to represent in this body some 20 olution 822, recognizing the 100th anni- groundbreaking environmental issues, years ago. versary of the founding of the Port of progressive security measures, and di- I congratulate the gentlewoman for Los Angeles, and I commend Congress- verse recreational and educational fa- bringing this forth, and I would suggest woman LAURA RICHARDSON for her lead- cilities. to my colleagues not only that they ership and introduction of this resolu- The port’s economic contributions support this, but if they ever have the tion. are far-reaching. The port is connected opportunity to be in California and When the port opened in 1907, the directly and indirectly with tens of bil- they want to see a magnificent engine population of the City of Los Angeles lions of dollars in industry sales each of economic vitality, they ought to stood at only 300,000 residents. Today year in the Southern California region come by and see the Port of Los Ange- the City of Los Angeles is a thriving and in the Nation, translating into les. It is a credit to the people of the metropolis of more than 4 million resi- hundreds of thousands of local jobs and region. It is a credit to those who had dents, the second largest city in the billions of dollars in wages, salaries the foresight to develop it as a working Nation. This transformation into a and State and local taxes. port. And I join everyone else in con- sprawling urban giant was enhanced by One out of every 24 jobs in Southern gratulating those who now are respon- the ever-growing global trade that California is generated by the port. sible for its continued operation. passes through the Port of Los Ange- That’s almost 260,000. One out of every Ms. RICHARDSON. Madam Speaker, les. $23 paid in wages and salaries, almost I wish to yield 2 minutes to my good As a major gateway to the Pacific $9 billion, comes from the Port of Los friend from Los Angeles and a fellow Rim, the L.A. port handles an esti- Angeles. member of the Transportation Com- mated $225 billion worth of cargo a mittee, the gentlewoman from Cali- year, and with its neighboring Port of 1630 b fornia (Mrs. NAPOLITANO). Long Beach, it is the largest container Almost 11⁄2 million jobs are generated Mrs. NAPOLITANO. Madam Speaker, port complex in the Nation and the nationwide, and the port generates al- I certainly want to thank Representa- fifth largest in the world. most $1.5 billion in State and local tive RICHARDSON for introducing House The Port of Los Angeles plays a crit- taxes. Resolution 822, and I join my col- ical role in our local and State econ- So this economic engine is far-reach- leagues in their accolades on the Port omy. It contributes $1.4 billion in State ing. We marvel at what you have pro- of Long Beach’s reaching their 100th and local tax revenues, provides 259,000 duced there. We hope to take away anniversary and on their accomplish- jobs, and pays $8.4 billion in wages an- sometime some of the congestion that ments, as they are a tremendous asset nually. Equally as important, if not the previous gentleman talked about to California. Their leadership has more so, the Port of Los Angeles is also by expanding our Port of San Diego, been, as you’ve heard, exemplary. It a strong economic engine for our na- but we look at you again for a model of has provided hundreds of thousands of tional economy. how to do these things. At least one jobs over the 100 years. Many of the Goods arriving through the port com- business in every congressional district longshoremen and stevedores are im- plex account for more than 40 percent

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14216 CONGRESSIONAL RECORD — HOUSE December 5, 2007 of our Nation’s total import traffic and colleague and dear friend who also rep- every congressional district in this 24 percent of its total exports. In fact, resents the Port of San Diego, Con- country imports or exports goods more than 60 percent of arriving cargo gresswoman SUSAN DAVIS. through these ports. has destinations outside of Southern Mrs. DAVIS of California. Madam Madam Speaker, I also want to ac- California. Speaker, I rise in support of this reso- knowledge the port’s work to improve In 2005, the number of direct and in- lution. As a representative with a bus- the region’s air quality. This is a big direct jobs associated with the trade tling port in San Diego, I fully recog- deal. This is a busy port with lots of activity generated by the L.A. ports nize the importance of this historic oc- traffic and has in the past produced was 3.3 million jobs nationwide. This is casion, and I am very proud to join my lots of congestion. Recently, the Ports a 200 percent increase over 1994 data. colleague in honoring the Port of Los of Los Angeles and Long Beach an- On this historic 100th anniversary, I Angeles and celebrating its 100th anni- nounced a proposal to reduce diesel salute the Port Authority; the City of versary. pollution from trucks at the facilities Los Angeles; the communities of Wil- As my colleagues have cited, the by overhauling their dockside trucking mington and San Pedro, which host the Port of Los Angeles is a bastion for systems. This is a model that the rest port; and I especially want to salute commerce and the economy for the re- of the Nation would do well to watch the thousands of hardworking men and gion, and it provides one out of every and then copy. This is good news for women who ensure the port’s daily op- 24 jobs in Southern California. the people working and living near erations and its reliable movement of Madam Speaker, we know that sea- these busy complexes. And I hope other goods. And I urge all of my colleagues ports are gateways for domestic and ports in California and around the to support this resolution. international trade connecting us to country will follow their lead. Mr. LATOURETTE. Madam Speaker, the rest of the world. And because Again, I’m glad the House can recog- I reserve the balance of my time. ports are naturally located on coasts nize the important contributions of Ms. RICHARDSON. Madam Speaker, and inland waterways, they really play this port. I congratulate all its employ- I wish to recognize the next three a special opportunity to act as environ- ees, its Members of Congress, and its speakers that you will hear for 2 min- mental stewards and caretakers for our successful operation of the last 100 utes, but in particular I want to yield precious coastal resources. Just last years. 2 minutes to my dear friend from Oak- year the Ports of Los Angeles and Long land, who represents another sister b 1645 Beach jointly released the San Pedro city port, the Port of Oakland, the gen- Bay Ports Clean Air Action Plan, Mr. LATOURETTE. Madam Speaker, tlewoman from California (Ms. LEE). may I inquire of the Chair the time re- Ms. LEE. Madam Speaker, first let which aims to reduce emissions by 50 percent over the next 5 years. maining on each side. me thank the gentlewoman from Los The SPEAKER pro tempore. The gen- It’s true, every single one of our dis- Angeles for her leadership and for giv- tleman from Ohio has 9 minutes re- tricts benefits from the imports and ex- ing me the opportunity to speak for a maining. The gentlewoman from Cali- ports that flow through the Port of Los few minutes on behalf of this resolu- fornia has 21⁄2 minutes. Angeles. tion, H. Res. 822, recognizing the 100th Mr. LATOURETTE. Madam Speaker, So I want to urge my colleagues to anniversary of the founding of the Port I am going to continue to reserve. But join me in bestowing this well-deserved of Los Angeles. I do see the distinguished chairman of honor on the Port of Los Angeles after The Port of Los Angeles, and we are our subcommittee on the floor, and if 100 years of successful operation, and I hearing this over and over again, and 21⁄2 minutes isn’t enough time for his particularly want to commend my col- many of us who represent ports have observations, I would be happy to in- league for bringing it forward. known this for a long time, but it has quire to see if the gentlewoman needs Mr. LATOURETTE. Madam Speaker, a long and distinguished history as a time. training hub in California. Today, the I reserve the balance of my time. Would you like me to yield to the Ms. RICHARDSON. Madam Speaker, fifth largest container complex in the chairman? entire world along with the Port of I wish to yield 2 minutes to my dear Ms. RICHARDSON. Madam Speaker, Long Beach, the cargo that comes friend and sister from the great area of actually as the manager of this bill, I through the port reaches every con- Santa Barbara. She also has a port in was prepared to give the honor of clos- gressional district throughout the her district, Mrs. LOIS CAPPS. ing this bill to the dear chairman. So country. The Port of Los Angeles is an Mrs. CAPPS. Madam Speaker, I join since he is our last speaker, I am pre- economic engine, not just for Los An- several of my colleagues in strong sup- pared to close at that point once you geles but for the region, for our entire port of House Resolution 822. have yielded the remaining time. It’s a pleasure to honor the Port of State and our entire country. The eco- Mr. LATOURETTE. I would yield 2 nomic benefits that it provides to the Los Angeles on your 100th anniversary minutes of our time and ask unani- Nation are impossible to measure but and to commend our new colleague mous consent that it be added to the from California, Congresswoman RICH- assuredly are immense, just as is the gentlewoman’s time so they have 41⁄2 Port of Oakland located in my congres- ARDSON, for calling attention to all of minutes. sional district. us the importance of our ports and for The SPEAKER pro tempore. Is there So I want to commend my colleague signaling this specific anniversary of objection to the request of the gen- from Los Angeles, California, our new- the Port in Los Angeles, our Nation’s tleman from Ohio? est Member from California, for intro- largest container port. And when you There was no objection. ducing this resolution. I could think of include its neighbor, the Port of Long Mr. LATOURETTE. I yield back the no Member who has come to Congress Beach, this complex is the fifth largest remainder of my time. who has hit the ground running, who in the world. Ms. RICHARDSON. Madam Speaker, has done the hard work, and who has I also represent a deepwater port, a it is with great pleasure that I have the been able to bring forth a resolution neighboring port up the coast from the opportunity to introduce the distin- such as this as Congresswoman RICH- Port of Los Angeles, the Port of Hue- guished chairman of the Coast Guard ARDSON. She recognizes the economic neme, so I also know how important and Maritime Transportation Sub- opportunities, the job creation aspects, the maritime industry is to the health committee, on which we both serve. the trade benefits of the Port of Los of our Nation’s economy. And ports His leadership I have had an oppor- Angeles. like the Port of Los Angeles are the tunity to work with in a very quick So I salute you, Congresswoman gateway into the vastly interconnected fashion, and I am very pleased to have RICHARDSON. From the Port of Oakland global economy. him join us in this effort. Please wel- to the Port of Los Angeles, happy anni- In fact, 95 percent of all international come the gentleman from Maryland versary. overseas trade moves through our Na- (Mr. CUMMINGS). Mr. LATOURETTE. Madam Speaker, tion’s ports, and much of it, $1 billion Mr. CUMMINGS. Madam Speaker, I I reserve the balance of my time. a day of economic activity, happens at rise today to urge my colleagues to Ms. RICHARDSON. Madam Speaker, the Ports of Los Angeles and Long adopt House Resolution 822 and to rec- I wish to yield 2 minutes to my sister Beach. In fact, at least one business in ognize the 100th anniversary of the

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14217 Port of Los Angeles. I want to thank I want to thank her for her insight, A principal partner in the $2.5 billion Ala- you, Mr. LATOURETTE, for yielding and I am so, so excited that she is part meda Corridor project, which opened in April time, and you, Ms. RICHARDSON, for of the subcommittee which I chair. And 2O02, the port worked with local, regional, and your very, very fine work which I will with that, Madam Speaker, I thank her statewide agencies to develop a robust re- get back to in a moment. and I thank my ranking member on gional transportation infrastructure. The project During its first century, the Port of our subcommittee. is a 20-mile expressway that connects the Los Angeles has grown to become a Ms. RICHARDSON. I yield myself the Port of Los Angeles to America’s trans- massive freight processing complex en- balance of my time. continental rail system, improving the transpor- compassing 27 cargo terminals which The Port of Los Angeles now looks tation systems that move goods throughout handle more than 43 percent of all the forward to its next 100 years with a leg- the region. goods arriving in the United States. By acy as a leader in terminal efficiency Last year, the Port of Los Angeles handled any metric, the size of operations at and setting environmental standards. more than 8.5 million twenty-foot container the Port of Los Angeles is simply stag- It is indeed the Nation’s largest and units, making it the leading container port in gering. Over just the past 11 years, as most successful conveyor of the Na- the United States for 7 consecutive years. The part of the San Pedro Bay Port Com- tion’s and the world’s commerce. port has the largest single container terminal Madam Speaker, I urge all the Mem- plex, the port has grown 246 percent, in the world. The nearly 500-acre container bers to support the Port of Los Angeles generating $256 billion in commerce complex, operated by Maersk Sealand and and House Resolution 822 and applaud and $28 billion in tax revenue. That is APM Terminals, was completed in 2004 and the efforts of Mr. LATOURETTE, our simply astounding. has been acclaimed as an engineering phe- Already the largest container ter- chairman, as you heard, Mr. CUMMINGS, nomenon and a model of operational effi- minal in the United States, the port and also our chairman of Transpor- ciency. handled more than 8.5 million 20-foot tation, Mr. OBERSTAR. container units last year alone. By Mrs. TAUSCHER. Madam Speaker, I rise in The port has implemented modern and in- 2030, the port complex is expected to support of House Resolution 822, which rec- novative transportation and good movements triple its cargo handling activities ognizes the 100th anniversary of the Port of systems, has set global standards, and is a again. Los Angeles. leader in terminal efficiency and environmental Not surprisingly, the port is an in- I would like to commend my colleague from initiatives. I congratulate the Port of Los Ange- dustry leader in all aspects of transpor- California, Congresswoman RICHARDSON, for les on its achievements for the past 100 years tation. In 2002, the port was a principal bringing this important resolution to the floor. and wish the port continued success in na- partner of the $2.5 billion Alameda Cor- I am proud to serve with the Congresswoman tional and world commerce for the next cen- ridor project, which connected the port on the Transportation and Infrastructure Com- tury. to America’s transcontinental rail sys- mittee. One hundred years ago, the Los Ange- I urge my colleagues to support this resolu- tem with a 20-mile rail expressway. les City Council created the Port of Los Ange- tion. Created through a partnership with les, and it has since developed into one of the Mr. LATOURETTE. Madam Speaker, House local, regional and statewide agencies, largest in the world. More than 43 percent of Resolution 822 recognizes the 100th anniver- this project epitomizes the multi- all goods arriving in the United States travel sary of the founding of the Port of Los Ange- modal connections that are essential to through the Port of Los Angeles. I appreciate les. The Port of Los Angeles is the busiest speeding and easing freight movements the impact that goods movement plays in our port in the United States in terms of maritime through our Nation’s ports. Nation’s economy, and the port has an impor- cargo volume and, when combined with the The port has also undertaken a dedi- tant role in that process. adjoining Port of Long Beach, is the fifth busi- cated effort to address the impacts of I would like to congratulate the port for est commercial seaport worldwide. This trade its operations on the local environment reaching its 100th anniversary and congratu- is a critical component to our national econ- through the San Pedro Bay Ports Clean late it for being a strong provider of jobs in omy and directly and indirectly supports mil- Air Action Plan, which is intended to California. I commend my colleague on the lions of jobs nationwide. reduce air pollution from port activi- Transportation Committee for her diligent ties by nearly 50 percent in 5 years. work. The port has also taken action to lessen im- The action plan is the world’s first Mr. OBERSTAR. Madam Speaker, I rise in pacts on the surrounding areas and the envi- program proposed to significantly re- strong support of H. Res. 822, which recog- ronment by recently implementing a com- duce health risks around a major port nizes the 100th anniversary year of the found- prehensive strategy to reduce emissions from by combating regional air pollution ing of the Port of Los Angeles. ships and port operations. from port-related operations. The Port of Los Angeles is located in San I join the resolution’s sponsor, Congress- I also want to take a moment to sa- Pedro, California and is a part of the Southern woman RICHARDSON of California, and all of lute Ms. RICHARDSON. She has, without California port complex. This complex handles the cosponsors in recognizing the Port of Los a doubt, I think it was Ms. LEE that more than 43 percent of all goods arriving in Angeles’ first 100 years and in wishing the said that she came in and hit the the United States. The complex has grown port continued success in the future. I urge all ground running. I say she hit the 246 percent over the past 11 years, and trade- Members to support the resolution. ground flying, including her work just related jobs at the complex have tripled. The Ms. RICHARDSON. I yield back the recently with me. When we visited San amount of cargo handled by this complex is balance of my time. Francisco, she was the only other sub- also expected to triple by the year 2030. The SPEAKER pro tempore. The committee member who attended the Although the earliest history of the Port of question is on the motion offered by special field hearing convened by our Los Angeles dates back to the 1500s, the the gentlewoman from California (Ms. subcommittee to examine the terrible Board of Harbor Commissioners was created RICHARDSON) that the House suspend oil spill in San Francisco Bay. Ms. on December 9, 1907, which officially founded the rules and agree to the resolution, RICHARDSON ably represents Califor- the port. In 1542, a Portuguese explorer H. Res. 822, as amended. nia’s 37th Congressional District, in- named the natural harbor ‘‘Bahia de los cluding the interests of the Port of Los Fumos’’ or ‘‘Bay of Smokes,’’ when he stated The question was taken. Angeles as evidenced through her work the bay ‘‘is an excellent harbor and the coun- The SPEAKER pro tempore. In the on the resolution before us today. I try is good with many plains and groves of opinion of the Chair, two-thirds being shall never forget in her opening state- trees.’’ in the affirmative, the ayes have it. ment on the floor in the well of this In 1869, a new era of development for the Ms. RICHARDSON. Madam Speaker, House, one of the things that she men- harbor region was marked when Los Angeles on that I demand the yeas and nays. tioned, Madam Speaker, was that she and San Pedro Railroad began service be- wanted to make sure that the port and tween San Pedro Bay and Los Angeles, be- The yeas and nays were ordered. the port’s interests in her district were coming the first railroad of Southern California. The SPEAKER pro tempore. Pursu- well situated and that they were made In 1958, the containerized cargo revolution ant to clause 8 of rule XX and the better by her presence in this great began on the west coast, when the Hawaiian Chair’s prior announcement, further House. And so I want to applaud her for Merchant delivered its first shipment of 20 proceedings on this motion will be her efforts. cargo containers to the port. postponed.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14218 CONGRESSIONAL RECORD — HOUSE December 5, 2007 MILITARY RESERVIST AND VET- (6) the terms ‘‘service-disabled veteran’’ ness concerns owned and controlled by serv- ERAN SMALL BUSINESS REAU- and ‘‘small business concern’’ have the ice-disabled veterans and small business con- THORIZATION AND OPPOR- meaning as in section 3 of the Small Busi- cerns owned and controlled by veterans ´ ´ TUNITY ACT OF 2007 ness Act (15 U.S.C. 632); through expanded mentor-protege assistance (7) the term ‘‘small business development and matching such small business concerns Ms. VELA´ ZQUEZ. Madam Speaker, I center’’ means a small business development with contracting opportunities; move to suspend the rules and pass the center described in section 21 of the Small ‘‘(C) increasing the integrity of certifi- bill (H.R. 4253) to improve and expand Business Act (15 U.S.C. 648); and cations of status as a small business concern small business assistance programs for (8) the term ‘‘women’s business center’’ owned and controlled by service-disabled veterans of the armed forces and mili- means a women’s business center described veterans or a small business concern owned in section 29 of the Small Business Act (15 and controlled by veterans; tary reservists, and for other purposes. U.S.C. 656). ‘‘(D) reducing paperwork and administra- The Clerk read the title of the bill. TITLE I—VETERANS BUSINESS tive burdens on veterans in accessing busi- The text of the bill is as follows: DEVELOPMENT ness development and entrepreneurship op- portunities; H.R. 4253 SEC. 101. INCREASED FUNDING FOR THE OFFICE Be it enacted by the Senate and House of Rep- OF VETERANS BUSINESS DEVELOP- ‘‘(E) increasing and improving training and resentatives of the United States of America in MENT. counseling services provided to small busi- Congress assembled, (a) IN GENERAL.—There are authorized to ness concerns owned and controlled by vet- erans; and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. be appropriated to the Office of Veterans ‘‘(F) making other improvements relating (a) SHORT TITLE.—This Act may be cited as Business Development of the Administra- to the support for veterans business develop- the ‘‘Military Reservist and Veteran Small tion, to remain available until expended— ment by the Federal Government. Business Reauthorization and Opportunity (1) $2,100,000 for fiscal year 2008; and ‘‘(4) REPORTING.—The task force shall sub- Act of 2007’’. (2) $2,300,000 for fiscal year 2009. mit an annual report regarding its activities (b) TABLE OF CONTENTS.—The table of con- (b) FUNDING OFFSET.—Amounts necessary and proposals to— tents for this Act is as follows: to carry out subsection (a) shall be offset and made available through the reduction of the ‘‘(A) the Committee on Small Business and Sec. 1. Short title; table of contents. authorization of funding under section Entrepreneurship and the Committee on Vet- Sec. 2. Definitions. 20(e)(1)(B)(iv) of the Small Business Act (15 erans’ Affairs of the Senate; and TITLE I—VETERANS BUSINESS U.S.C. 631 note). ‘‘(B) the Committee on Small Business and DEVELOPMENT (c) SENSE OF CONGRESS.—It is the sense of the Committee on Veterans’ Affairs of the Sec. 101. Increased funding for the Office of Congress that any amounts provided pursu- House of Representatives.’’. Veterans Business Develop- ant to this section that are in excess of SEC. 103. PERMANENT EXTENSION OF SBA ADVI- ment. amounts provided to the Administration for SORY COMMITTEE ON VETERANS Sec. 102. Interagency task force. the Office of Veterans Business Development BUSINESS AFFAIRS. Sec. 103. Permanent extension of SBA Advi- in fiscal year 2007, should be used to support (a) ASSUMPTION OF DUTIES.—Section 33 of sory Committee on Veterans Veterans Business Outreach Centers. the Small Business Act (15 U.S.C. 657c) is amended— Business Affairs. SEC. 102. INTERAGENCY TASK FORCE. (1) by striking subsection (h); and Sec. 104. Office of Veterans Business Devel- Section 32 of the Small Business Act (15 (2) by redesignating subsections (i) through opment. U.S.C. 657b) is amended— (k) as subsections (h) through (j), respec- Sec. 105. Increasing the number of outreach (1) by redesignating subsection (c) as (f); centers. tively. and (b) PERMANENT EXTENSION OF AUTHORITY.— Sec. 106. Independent study on gaps in avail- (2) by inserting after subsection (b) the fol- Section 203 of the Veterans Entrepreneurship ability of outreach centers. lowing: and Small Business Development Act of 1999 TITLE II—NATIONAL RESERVIST ENTER- ‘‘(c) INTERAGENCY TASK FORCE.— (15 U.S.C. 657b note) is amended by striking PRISE TRANSITION AND SUSTAIN- ‘‘(1) ESTABLISHMENT.—Not later than 90 subsection (h). days after the date of enactment of this sub- ABILITY SEC. 104. OFFICE OF VETERANS BUSINESS DE- Sec. 201. Short title. section, the President shall establish an VELOPMENT. Sec. 202. Purpose. interagency task force to coordinate the ef- Section 32 of the Small Business Act (15 Sec. 203. National Guard and Reserve busi- forts of Federal agencies necessary to in- U.S.C. 657b), as amended by section 102, is ness assistance. crease capital and business development op- further amended by inserting after sub- Sec. 204. Veterans Assistance and Services portunities for, and increase the award of section (c) (as added by section 102) the fol- program. Federal contracting and subcontracting op- lowing: portunities to, small business concerns ‘‘(d) PARTICIPATION IN TAP WORKSHOPS.— TITLE III—RESERVIST PROGRAMS owned and controlled by service-disabled ‘‘(1) IN GENERAL.—The Associate Adminis- Sec. 301. Reservist programs. veterans and small business concerns owned trator shall increase veteran outreach by en- Sec. 302. Reservist loans. and controlled by veterans (in this section suring that Veteran Business Outreach Cen- Sec. 303. Noncollateralized loans. referred to as the ‘task force’). ters regularly participate, on a nationwide Sec. 304. Loan priority. ‘‘(2) MEMBERSHIP.—The members of the basis, in the workshops of the Transition As- Sec. 305. Relief from time limitations for task force shall include— sistance Program of the Department of veteran-owned small busi- ‘‘(A) the Administrator, who shall serve as Labor. nesses. chairperson of the task force; ‘‘(2) PRESENTATIONS.—In carrying out para- Sec. 306. Service-disabled veterans. ‘‘(B) a senior level representative from— graph (1), a Center may provide grants to eli- Sec. 307. Study on options for promoting ‘‘(i) the Department of Veterans Affairs; gible entities located in Transition Assist- positive working relations be- ‘‘(ii) the Department of Defense; ance Program locations to make presen- tween employers and their Re- ‘‘(iii) the Administration (in addition to tations on the opportunities available from serve Component employees. the Administrator); the Administration for recently separating Sec. 308. Increased Veteran Participation ‘‘(iv) the Department of Labor; veterans. Each such presentation must in- Program. ‘‘(v) the Department of the Treasury; clude, at a minimum, the entrepreneurial SEC. 2. DEFINITIONS. ‘‘(vi) the General Services Administration; and business training resources available In this Act— and from the Administration. (1) the term ‘‘activated’’ means receiving ‘‘(vii) the Office of Management and Budg- ‘‘(3) WRITTEN MATERIALS.—The Associate an order placing a Reservist on active duty; et; and Administrator of Veterans Business Develop- (2) the term ‘‘active duty’’ has the meaning ‘‘(C) 4 representatives from a veterans ment shall create written materials that given that term in section 101 of title 10, service organization or military organiza- provide comprehensive information on self- United States Code; tion or association, selected by the Presi- employment and veterans entrepreneurship, (3) the terms ‘‘Administration’’ and ‘‘Ad- dent. including information on Small Business Ad- ministrator’’ mean the Small Business Ad- ‘‘(3) DUTIES.—The task force shall coordi- ministration resources available for such ministration and the Administrator thereof, nate administrative and regulatory activi- topics, and shall make these materials avail- respectively; ties and develop proposals relating to— able for inclusion in the Transition Assist- (4) the term ‘‘Reservist’’ means a member ‘‘(A) increasing capital access and capacity ance Program manual. of a reserve component of the Armed Forces, of small business concerns owned and con- ‘‘(4) REPORTS.—The Associate Adminis- as described in section 10101 of title 10, trolled by service-disabled veterans and trator shall submit to Congress progress re- United States Code; small business concerns owned and con- ports on the implementation of this sub- (5) the term ‘‘Service Corps of Retired Ex- trolled by veterans through loans, surety section. ecutives’’ means the Service Corps of Retired bonding, and franchising; ‘‘(e) WOMEN VETERANS BUSINESS TRAINING Executives authorized by section 8(b)(1) of ‘‘(B) increasing access to Federal con- RESOURCE PROGRAM.—The Associate Admin- the Small Business Act (15 U.S.C. 637(b)(1)); tracting and subcontracting for small busi- istrator shall establish a Women Veterans

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14219 Business Training Resource Program. The federal funding, to quickly respond to an ac- ‘‘(1) providing management, development, program shall— tivation of Reservists that own and operate financing, procurement, technical, regu- ‘‘(1) compile information on resources small business concerns; and latory, and marketing assistance; available to women veterans for business (6) utilize the service delivery network of ‘‘(2) providing access to information and training, including resources for— small business development centers, wom- resources, including Federal and State busi- ‘‘(A) vocational and technical education; en’s business centers, Veterans Business Out- ness assistance programs; ‘‘(B) general business skills, such as mar- reach Centers, and centers receiving funding ‘‘(3) distributing contact information pro- keting and accounting; and from the National Veterans Business Devel- vided by the Department of Defense regard- ‘‘(C) business assistance programs targeted opment Corporation, and any other Veterans ing activated Reservists to corresponding to women veterans; and Business Assistance program which receives State directors; ‘‘(2) disseminate the information through federal funding, to assist Reservists that own ‘‘(4) offering free, one-on-one, in-depth Veteran Business Outreach Centers and and operate small business concerns in pre- counseling regarding management, develop- women’s business centers.’’. paring for future military activations. ment, financing, procurement, regulations, SEC. 105. INCREASING THE NUMBER OF OUT- SEC. 203. NATIONAL GUARD AND RESERVE BUSI- and marketing; REACH CENTERS. NESS ASSISTANCE. ‘‘(5) assisting in developing a long-term The Administrator of the Small Business The Small Business Act (15 U.S.C. 631 et plan for possible future activation; and Administration shall use the authority in seq.) is amended— ‘‘(6) providing enterprise transition and section 8(b)(17) of the Small Business Act (15 (1) by redesignating section 37 (15 U.S.C. sustainability assistance. U.S.C. 637(b)(17)) to ensure that the number 631 note) as section 38; and ‘‘(d) OTHER FEDERAL DEPARTMENTS AND of Veterans Business Outreach Centers (2) by inserting after section 36 the fol- AGENCIES.—The Administrator shall make throughout the United States increases— lowing: available informational materials estab- (1) by at least 2, for each of fiscal years lished by this section to other Federal de- ‘‘SEC. 37. RESERVIST ENTERPRISE TRANSITION partments and agencies for their own inter- 2008 and 2009, in accordance with funding AND SUSTAINABILITY. provided in sections 101(a)(1) and (a)(2) of nal programs. ‘‘(a) IN GENERAL.—The Administrator shall ‘‘(e) RULEMAKING.— this Act; and establish a program to provide business plan- (2) by the number that the Administrator ‘‘(1) IN GENERAL.—The Administrator, in ning assistance to small business concerns consultation with the Association and after considers appropriate, based on existing owned and operated by Reservists. need, for each fiscal year thereafter. notice and an opportunity for comment, ‘‘(b) DEFINITIONS.—In this section— shall promulgate regulations to carry out SEC. 106. INDEPENDENT STUDY ON GAPS IN ‘‘(1) the terms ‘activated’ and ‘activation’ AVAILABILITY OF OUTREACH CEN- this section. mean having received an order placing a Re- ‘‘(2) DEADLINE.—The Administrator shall TERS. servists on active duty, as defined by section The Administrator of the Small Business promulgate final regulations not later than 101(1) of title 10, United States Code; Administration shall sponsor an independent 180 days of the date of enactment of the Mili- ‘‘(2) the term ‘Administrator’ means the study on gaps in the availability of Veterans tary Reservist and Veteran Small Business Administrator of the Small Business Admin- Business Outreach Centers across the United Reauthorization and Opportunity Act of 2007. istration, acting through the Associate Ad- States. The purpose of the study shall be to ‘‘(3) CONTENTS.—The regulations developed ministrator for Small Business Development identify the gaps that do exist so as to in- by the Administrator under this subsection Centers; form decisions on funding and on the alloca- shall establish— ‘‘(3) the term ‘Association’ means the asso- tion and coordination of resources. Not later ‘‘(A) procedures for identifying, in con- ciation established under section 21(a)(3)(A); than 6 months after the date of the enact- sultation with the Secretary of Defense, ‘‘(4) the term ‘eligible applicant’ means— ment of this Act, the Administrator shall States that have had a recent activation of ‘‘(A) a small business development center submit to Congress a report on the results of Reservists; that is accredited under section 21(k); the study. ‘‘(B) priorities for the types of assistance ‘‘(B) a women’s business center; TITLE II—NATIONAL RESERVIST ENTER- to be provided under the program authorized ‘‘(C) a Veterans Business Outreach Center by this section; PRISE TRANSITION AND SUSTAIN- that receives funds from the Office of Vet- ABILITY ‘‘(C) standards relating to educational, erans Business Development; technical, and support services to be pro- SEC. 201. SHORT TITLE. ‘‘(D) an information and assistance center vided by a grantee; This title may be cited as the ‘‘National receiving funding from the National Vet- ‘‘(D) standards relating to any national Reservist Enterprise Transition and Sustain- erans Business Development Corporation service delivery and support function to be ability Act of 2007’’. under section 33; or provided by a grantee; SEC. 202. PURPOSE. ‘‘(E) any other Veterans Business Assist- ‘‘(E) standards relating to any work plan The purpose of this title is to establish a ance program which receives federal funding; that the Administrator may require a grant- program to— ‘‘(5) the term ‘enterprise transition and ee to develop; and (1) provide managerial, financial, planning, sustainability assistance’ means assistance ‘‘(F) standards relating to the educational, development, technical, and regulatory as- provided by an eligible applicant to a small technical, and professional competency of sistance to small business concerns owned business concern owned and operated by a any expert or other assistance provider to and operated by Reservists; Reservist, who has been activated or is like- whom a small business concern may be re- (2) provide managerial, financial, planning, ly to be activated in the next 12 months, to ferred for assistance by a grantee. development, technical, and regulatory as- develop and implement a business strategy ‘‘(f) APPLICATION.— sistance to the temporary heads of small for the period while the owner is on active ‘‘(1) IN GENERAL.—Each eligible applicant business concerns owned and operated by Re- duty and 6 months after the date of the re- desiring a grant under this section shall sub- servists; turn of the owner; mit an application to the Administrator at (3) create a partnership between the Small ‘‘(6) the term ‘Reservist’ means any person such time, in such manner, and accompanied Business Administration, the Department of who is— by such information as the Administrator Defense, and the Department of Veterans Af- ‘‘(A) a member of a reserve component of may reasonably require. fairs to assist small business concerns owned the Armed Forces, as defined by section 10101 ‘‘(2) CONTENTS.—Each application sub- and operated by Reservists; of title 10, United States Code; and mitted under paragraph (1) shall describe— (4) utilize the service delivery network of ‘‘(B) on active status, as defined by section ‘‘(A) the activities for which the applicant small business development centers, wom- 101(d)(4) of title 10, United States Code; seeks assistance under this section; and en’s business centers, Veterans Business Out- ‘‘(7) the term ‘small business development ‘‘(B) how the applicant plans to allocate reach Centers, and centers receiving funding center’ means a small business development funds within its network. from the National Veterans Business Devel- center as described in section 21 of the Small ‘‘(g) AWARD OF GRANTS.— opment Corporation, and any other Veterans Business Act (15 U.S.C. 648); ‘‘(1) DEADLINE.—The Administrator shall Business Assistance program which receives ‘‘(8) the term ‘State’ means each of the award grants not later than 60 days after the federal funding, to expand the access of several States of the United States, the Dis- promulgation of final rules and regulations small business concerns owned and operated trict of Columbia, the Commonwealth of under subsection (e). by Reservists to programs providing business Puerto Rico, the Virgin Islands, American ‘‘(2) AMOUNT.—Each eligible applicant management, development, financial, pro- Samoa, and Guam; and awarded a grant under this section shall re- curement, technical, regulatory, and mar- ‘‘(9) the term ‘women’s business center’ ceive a grant in an amount not greater than keting assistance; means a women’s business center described $300,000 per fiscal year. (5) utilize the service delivery network of in section 29 of the Small Business Act (15 ‘‘(h) REPORT.— small business development centers, wom- U.S.C. 656). ‘‘(1) IN GENERAL.—The Comptroller General en’s business centers, Veterans Business Out- ‘‘(c) AUTHORITY.—The Administrator may of the United States shall— reach Centers, and centers receiving funding award grants, in accordance with the regula- ‘‘(A) initiate an evaluation of the program from the National Veterans Business Devel- tions developed under subsection (d), to eli- not later than 30 months after the disburse- opment Corporation, and any other Veterans gible applicants to assist small business con- ment of the first grant under this section; Business Assistance program which receives cerns owned and operated by Reservists by— and

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14220 CONGRESSIONAL RECORD — HOUSE December 5, 2007 ‘‘(B) submit a report not later than 6 (A) has not been ordered to active duty; for small business concerns that is available months after the initiation of the evaluation (B) expects to be ordered to active duty to veterans or Reservists. under paragraph (1) to— during a period of military conflict; and (2) MARKETING.—The Administrator is au- ‘‘(i) the Administrator; (C) can reasonably demonstrate that the thorized— ‘‘(ii) the Committee on Small Business and small business concern for which that Re- (A) to advertise and promote the program Entrepreneurship of the Senate; and servist is a key employee will suffer eco- under section 7(b)(3) of the Small Business ‘‘(iii) the Committee on Small Business of nomic injury in the absence of that Reserv- Act jointly with the Secretary of Defense the House of Representatives. ist. and veterans’ service organizations; and ‘‘(2) CONTENTS.—The report under para- (2) ESTABLISHMENT.—Not later than 6 (B) to advertise and promote participation graph (1) shall— months after the date of enactment of this by lenders in such program jointly with ‘‘(A) address the results of the evaluation Act, the Administrator shall establish a pre- trade associations for banks or other lending conducted under paragraph (1); and consideration process, under which the Ad- institutions. ‘‘(B) recommend changes to law, if any, ministrator— SEC. 303. NONCOLLATERALIZED LOANS. that it believes would be necessary or advis- (A) may collect all relevant materials nec- Section 7(b)(3) of the Small Business Act able to achieve the goals of this section. essary for processing a loan to a small busi- (15 U.S.C. 636(b)(3)) is amended by adding at ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ness concern under section 7(b)(3) of the the end the following: ‘‘(1) IN GENERAL.—There are authorized to Small Business Act (15 U.S.C. 636(b)(3)) be- ‘‘(G)(i) Notwithstanding any other provi- be appropriated to carry out this section— fore an eligible Reservist employed by that sion of law, the Administrator may make a ‘‘(A) $5,000,000 for the first fiscal year be- small business concern is activated; and loan under this paragraph of not more than ginning after the date of enactment of the (B) shall distribute funds for any loan ap- $50,000 without collateral. Military Reservist and Veteran Small Busi- proved under subparagraph (A) if that eligi- ‘‘(ii) The Administrator may defer pay- ness Reauthorization and Opportunity Act of ble Reservist is activated. ment of principal and interest on a loan de- 2007; and (c) OUTREACH AND TECHNICAL ASSISTANCE scribed in clause (i) during the longer of— ‘‘(B) $5,000,000 for the fiscal year following PROGRAM.— ‘‘(I) the 1-year period beginning on the date the fiscal year described in subparagraph (A). (1) IN GENERAL.—Not later than 6 months of the initial disbursement of the loan; and ‘‘(2) FUNDING OFFSET.—Amounts necessary after the date of enactment of this Act, the ‘‘(II) the period during which the relevant to carry out this section shall be offset and Administrator, in consultation with the Sec- essential employee is on active duty.’’. made available through the reduction of the retary of Veterans Affairs and the Secretary SEC. 304. LOAN PRIORITY. authorization of funding under section of Defense, shall develop a comprehensive Section 7(b)(3) of the Small Business Act 20(e)(1)(B)(iv) of the Small Business Act (15 outreach and technical assistance program (15 U.S.C. 636(b)(3)), as amended by this Act, U.S.C. 631 note).’’. (in this subsection referred to as the ‘‘pro- is amended by adding at the end the fol- SEC. 204. VETERANS ASSISTANCE AND SERVICES gram’’) to— lowing: PROGRAM. (A) market the loans available under sec- ‘‘(H) The Administrator shall give priority Section 21 of the Small Business Act (15 tion 7(b)(3) of the Small Business Act (15 to any application for a loan under this para- U.S.C. 648) is amended by adding at the end U.S.C. 636(b)(3)) to Reservists, and family graph and shall process and make a deter- the following: members of Reservists, that are on active mination regarding such applications prior ‘‘(n) VETERANS ASSISTANCE AND SERVICES duty and that are not on active duty; and to processing or making a determination on PROGRAM.— (B) provide technical assistance to a small other loan applications under this sub- ‘‘(1) IN GENERAL.—A Small Business Devel- business concern applying for a loan under section, on a rolling basis.’’. opment Center may apply for an additional that section. SEC. 305. RELIEF FROM TIME LIMITATIONS FOR grant to carry out a veterans assistance and (2) COMPONENTS.—The program shall— VETERAN-OWNED SMALL BUSI- services program. (A) incorporate appropriate websites main- NESSES. ‘‘(2) ELEMENTS OF PROGRAM.—Under a pro- tained by the Administration, the Depart- Section 3(q) of the Small Business Act (15 gram under paragraph (1), the Center shall— ment of Veterans Affairs, and the Depart- U.S.C. 632(q)) is amended by adding at the ‘‘(A) create a marketing campaign to pro- ment of Defense; and end the following: mote awareness and education of the serv- (B) require that information on the pro- ‘‘(5) RELIEF FROM TIME LIMITATIONS.— ices of the Center that are available to vet- gram is made available to small business ‘‘(A) IN GENERAL.—Any time limitation on erans, and to target the campaign toward concerns directly through— any qualification, certification, or period of veterans, disabled veterans, military units, (i) the district offices and resource part- participation imposed under this Act on any Federal agencies, and veterans organiza- ners of the Administration, including small program that is not subject to the Federal tions; business development centers, women’s busi- Credit Reform Act of 1990 (2 U.S.C. 661 et ‘‘(B) use technology-assisted online coun- ness centers, and the Service Corps of Re- seq.) and is available to small business con- seling and distance learning technology to tired Executives; and cerns shall be extended for a small business overcome the impediments to entrepreneur- (ii) other Federal agencies, including the concern that— ship faced by veterans and members of the Department of Veterans Affairs and the De- ‘‘(i) is owned and controlled by— Armed Forces; and partment of Defense. ‘‘(I) a veteran who was called or ordered to ‘‘(C) increase coordination among organi- (3) REPORT.— active duty under a provision of law specified zations that assist veterans, including by es- (A) IN GENERAL.—Not later than 6 months in section 101(a)(13)(B) of title 10, United tablishing virtual integration of service pro- after the date of enactment of this Act, and States Code, on or after September 11, 2001; viders and offerings for a one-stop point of every 6 months thereafter until the date that or contact for veterans who are entrepreneurs is 30 months after such date of enactment, ‘‘(II) a service-disabled veteran who be- or small business owners. the Administrator shall submit to Congress came such a veteran due to an injury or ill- ‘‘(3) MINIMUM AMOUNT.—Each grant under a report on the status of the program. ness incurred or aggravated in the active this subsection shall be for at least $75,000. (B) CONTENTS.—Each report submitted military, naval, or air service during a pe- ‘‘(4) MAXIMUM AMOUNT.—A grant under this under subparagraph (A) shall include— riod of active duty pursuant to a call or subsection may not exceed $250,000. (i) for the 6-month period ending on the order to active duty under a provision of law ‘‘(5) FUNDING.—Subject to amounts ap- date of that report— referred to in subclause (I) on or after Sep- proved in advance in appropriations Acts, (I) the number of loans approved under sec- tember 11, 2001; and the Administration may make grants or tion 7(b)(3) of the Small Business Act (15 ‘‘(ii) was subject to the time limitation enter into cooperative agreements to carry U.S.C. 636(b)(3)); during such period of active duty. out the provisions of this subsection.’’. (II) the number of loans disbursed under ‘‘(B) DURATION.—Upon submission of proper TITLE III—RESERVIST PROGRAMS that section; and documentation to the Administrator, the ex- SEC. 301. RESERVIST PROGRAMS. (III) the total amount disbursed under that tension of a time limitation under subpara- (a) APPLICATION PERIOD.—Section 7(b)(3)(C) section; and graph (A) shall be equal to the period of time of the Small Business Act (15 U.S.C. (ii) recommendations, if any, to make the that such veteran who owned or controlled 636(b)(3)(C)) is amended— program more effective in serving small such a concern was on active duty as de- (1) by striking ‘‘90 days’’ and inserting ‘‘1 business concerns that employ Reservists. scribed in that subparagraph. year’’; and SEC. 302. RESERVIST LOANS. ‘‘(C) EXCEPTION FOR PROGRAMS SUBJECT TO (2) by adding at the end the following: (a) IN GENERAL.—Section 7(b)(3)(E) of the FEDERAL CREDIT REFORM ACT OF 1990.—The ‘‘The Administrator may, when appropriate Small Business Act (15 U.S.C. 636(b)(3)(E)) is provisions of subparagraphs (A) and (B) shall (as determined by the Administrator), waive amended by striking ‘‘$1,500,000’’ each place not apply to any programs subject to the the ending date specified in the preceding such term appears and inserting ‘‘$2,000,000’’. Federal Credit Reform Act of 1990 (2 U.S.C. sentence and provide a later ending date.’’. (b) LOAN INFORMATION.— 661 et seq.).’’. (b) PRE-CONSIDERATION PROCESS.— (1) IN GENERAL.—The Administrator and SEC. 306. SERVICE-DISABLED VETERANS. (1) DEFINITION.—In this subsection, the the Secretary of Defense shall develop a Not later than 180 days after the date of term ‘‘eligible Reservist’’ means a Reservist joint website and printed materials pro- enactment of this Act, the Comptroller Gen- who— viding information regarding any program eral of the United States shall submit to the

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14221 Committee on Small Business and Entrepre- and comment and not later than 180 days tiatives in the SBA’s 7(a) and disaster neurship of the Senate and the Committee after the date of the enactment of this Act. loan programs. This will help returning on Small Business of the House of Represent- The SPEAKER pro tempore. Pursu- servicemen and women bridge the gap atives a report describing— ant to the rule, the gentlewoman from for financial capital that they need to (1) the types of assistance needed by serv- ´ ice-disabled veterans who wish to become en- New York (Ms. VELAZQUEZ) and the start and grow a new endeavor. By in- trepreneurs; and gentleman from Ohio (Mr. CHABOT) creasing outreach assistance centers (2) any resources that would assist such each will control 20 minutes. and entrepreneurial development pro- service-disabled veterans. The Chair recognizes the gentle- gram resources, the bill also improves SEC. 307. STUDY ON OPTIONS FOR PROMOTING woman from New York. access to assistance that will help vet- POSITIVE WORKING RELATIONS BE- GENERAL LEAVE eran entrepreneurs evaluate business TWEEN EMPLOYERS AND THEIR RE- ´ SERVE COMPONENT EMPLOYEES. Ms. VELAZQUEZ. Madam Speaker, I ideas, conduct market research, and re- (a) STUDY REQUIRED.—The Comptroller ask unanimous consent that all Mem- ceive technology training. General of the United States shall conduct a bers may have 5 legislative days to re- This legislation will also establish an study on options for promoting positive vise and extend their remarks and in- interagency task force that will take a working relations between employers and clude extraneous material on the bill lead role in altering the institutional Reserve component employees of such em- under consideration. culture at the Federal level to promote ployers, including assessing options for im- The SPEAKER pro tempore. Is there proving the time in which employers of Re- increased veteran entrepreneurship. servists are notified of the call or order of objection to the request of the gentle- This will significantly improve the co- such members to active duty other than for woman from New York? ordination of various Federal agencies’ There was no objection. veteran service programs. Addition- training. ´ (b) REPORT.— Ms. VELAZQUEZ. Madam Speaker, I ally, new initiatives will improve tran- (1) IN GENERAL.—Not later than 180 days yield myself as much time as I may sition assistance for separating service- after the date of enactment of this Act, the consume. members, and provide customized sup- Comptroller General of the United States In their service to the Nation, vet- shall submit to the appropriate committees port to service disabled, women vet- erans have demonstrated strength, dis- erans, and the members of the reserves. of Congress a report on the study conducted cipline and dedication to preserving se- under subsection (a). This will ensure that all sectors are curity. At home, they have proven to (2) CONTENTS.—The report submitted under considered in Federal veteran policy- paragraph (1) shall— be invaluable components of a strong making. (A) provide a quantitative and qualitative economy. As new troops are added to the al- assessment of— We have already seen the impact vet- ready 13,000 that have returned home (i) what measures, if any, are being taken erans can have on the business commu- just from Iraq and Afghanistan, it is to inform Reservists of the obligations and nity. Currently, approximately 22 per- responsibilities of such members to their em- imperative that our resources and ini- cent of servicemembers in the United tiatives are designed to effectively pre- ployers; States have either purchased or started (ii) how effective such measures have been; pare them for economic success. a new business. These entrepreneurs and With their tremendous potential to are significant contributors to job (iii) whether there are additional measures thrive as entrepreneurs and their crit- growth and expansion of local econo- that could be taken to promote positive ical service for which we all greatly mies. working relations between Reservists and benefit, we must continue to work to their employers, including any steps that I wish to commend Congressman allow these budding entrepreneurs to could be taken to ensure that employers are JASON ALTMIRE and Congressman VERN realize the American Dream of business timely notified of a call to active duty; and BUCHANAN for their leadership in ownership. I believe this bill is a major (B) assess whether there has been a reduc- crafting this bill that will further this step towards realizing this goal, and I tion in the hiring of Reservists by business effort. H.R. 4253 promotes veterans’ concerns because of— strongly support this legislation. (i) any increase in the use of Reservists continued pursuit of self-employment and provides them with the support for I urge my colleagues to support H.R. after September 11, 2001; or 4253. (ii) any change in any policy of the Depart- growth that they deserve. It accom- ment of Defense relating to Reservists after plishes this objective by comprehen- I reserve the balance of my time. September 11, 2001. sively updating several of the Small Mr. CHABOT. Madam Speaker, I (c) APPROPRIATE COMMITTEES OF CONGRESS Business Administration’s programs to yield myself such time as I may con- DEFINED.—In this section, the term ‘‘appro- better meet the current needs of vet- sume. priate committees of Congress’’ means— eran entrepreneurs. Today, Madam Speaker, I rise in sup- (1) the Committee on Armed Services and port of the request to suspend the rules the Committee on Small Business and Entre- The bill addresses several of the im- preneurship of the Senate; and pediments to veterans’ success as en- and pass H.R. 4253, the Military Reserv- (2) the Committee on Armed Services and trepreneurs. Because servicemembers ist and Veteran Small Business Reau- the Committee on Small Business of the are removed from the workforce for an thorization and Opportunity Act of House of Representatives. extended period of time, they can often 2007. I would like to thank Chairwoman SEC. 308. INCREASED VETERAN PARTICIPATION then face difficulties securing capital VELA´ ZQUEZ for working in a coopera- PROGRAM. or technical assistance upon their re- tive and bipartisan manner to bring (a) IN GENERAL.—Section 7(a) of the Small this bill, which incorporates provisions Business Act (15 U.S.C. 636(a)) is amended by turn from service. Additionally, while of a bill authored by Mr. BUCHANAN, adding at the end the following: many veterans receive specialized ‘‘(32) INCREASED VETERAN PARTICIPATION skills during their service, it is often who is a freshman member of the Small PROGRAM.—The Administrator shall carry quite difficult transforming those Business Committee and who has al- out an Increased Veteran Participation Pro- skills into profitable resources. We can ready shown tremendous initiative and gram. For a loan made under this paragraph, increase veteran entrepreneurial op- leadership on that committee, to the the following shall apply: portunities by creating the right tools House floor. ‘‘(A) The loan shall be made to a business to ensure their success. While we could never adequately concern the majority ownership interest of repay the debt we owe to America’s which is directly held by individuals who are H.R. 4253 responds to these chal- veterans of the Armed Forces or members of lenges by establishing a strong role for fighting men and women for their serv- the reserve components of the Armed Forces. the Federal Government to help vet- ice and sacrifice, today’s bill takes im- ‘‘(B) The loan shall include the participa- erans overcome obstacles to entrepre- portant steps to help our Nation’s vet- tion by the Administration equal to 90 per- neurship. The legislation increases vet- erans make a smoother transition to cent of the balance of the financing out- erans’ access to affordable capital, en- civilian life. standing at the time of disbursement. hances entrepreneurial development While serving in the Armed Forces, ‘‘(C) The fees on the loan under paragraphs resources, and sharpens the focus of service men and women learn and prac- (18) and (23) shall not apply.’’. (b) NOTICE AND COMMENT.—The program re- Federal resources on this key member tice technical skills valued in today’s quired by section 7(a)(32) of the Small Busi- of the small business community. civilian workforce, in addition to the ness Act, as added by subsection (a), shall be Veterans will have improved access leadership and decisionmaking skills established after the opportunity for notice to capital with specially tailored ini- that they learn on the battlefield. All

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14222 CONGRESSIONAL RECORD — HOUSE December 5, 2007 of these attributes are critical to suc- pecially want to thank my good friend source of information for the Federal cess in the business world and are par- from Florida, Mr. BUCHANAN. It was a Government. By making the com- ticularly important traits for success- pleasure working with him to craft this mittee permanent, we can continue to ful small business owners. legislation. He was an equal partner in improve the support provided to vet- Despite the success that veterans putting this bill on the floor today, and eran and Reservist small business own- have shown in starting and operating I want to recognize his leadership as ers. small businesses, more must be done to well. We will also increase the number of assist our veterans in the startup and Madam Speaker, with nearly 25 mil- Veteran Business Outreach Centers operation of their businesses. Outreach lion veterans and over 1 million Re- across the country and identify areas must improve to ensure that veterans servists in the United States, there is a that are in need of additional assist- wishing to start their own businesses need, and a growing need, for an in- ance to ensure that veterans and Re- will have the training and advice need- creased commitment by the govern- servists in every region are able to ed to transfer their skills to entrepre- ment to assist veterans and Reservists keep their businesses afloat. neurship without first working for both during and after their service to Through grants of up to $300,000 per someone else. our Nation. As more and more year made to Small Business Develop- Title I of H.R. 4253 represents an ex- servicemembers return to civilian life ment Centers, this bill will establish cellent start in the efforts to expand after their deployments in Iraq and Af- the Reservist Enterprise Transition and ensure that our veterans have the ghanistan, the opportunities and eco- and Sustainability program to provide technical support they need to start nomic benefits that the Federal Gov- one-on-one counseling on management, their own businesses. ernment can provide will become even financing, procurement and regulatory I want to especially thank the chair- more critical, especially for businesses assistance to small business owners to woman for incorporating Mr. BU- that are owned and operated by vet- help our returning service men and CHANAN’s interest in expanding the erans. women successfully transition to civil- number of Veterans Business Outreach The brave men and women that put ian life. Centers, which will play an increased their lives on hold to defend our Nation Finally, my legislation makes much- role in providing assistance to veterans should not have to sacrifice their jobs needed improvements to the Military wishing to start small businesses. and their livelihoods. Starting and Reservist Economic Injury Disaster The technical advice and assistance maintaining a small business presents Loan program by requiring the SBA to are not limited to veterans continuing challenges for anyone, and, unfortu- extend the application deadline, raise their service in the Reserves. Title II of nately, veterans often face unique bar- the maximum loan amount and create the bill recognizes Reservists who oper- riers as a result of their military serv- a pre-consideration process for small ate small businesses have their own ice. The unemployment rate among businesses applying for assistance dur- unique set of operational problems as- veterans is double the overall national ing military deployment. This is im- sociated with their call-up to duty. unemployment rate, and over half of portant, because currently Reservists They may not know how long their all self-employed Reservists experience can apply for a loan only after deploy- call-up will last and they need assist- significant income loss when they are ment, when their businesses are al- ance in ensuring they have a plan in called to duty. ready in the red. A pre-deployment place to operate their business while Over the past 3 years, we have loan would be helpful to many small they are on active duty. This legisla- watched as the number of returning business owners during active duty tion builds on the existing network of veterans and Reservists has increased, when the funding is most critical. entrepreneurial partners to deliver key and that number is only going to con- Madam Speaker, there is no question technical and operational assistance to tinue to grow. that veterans have a unique ability to Reservists. While Congress has passed legislation thrive as entrepreneurs. They have the and provided Federal agencies with leadership skills and work ethic nec- b 1700 some of the resources necessary to pro- essary to run a small business and a Another important element of the vide entrepreneurial opportunities for successful business. But we must do bill is the recognition of the changing veterans, I believe that more can be more to help veteran entrepreneurs nature of the military with a greater done to relieve the burden that is fully meet their needs and overcome involvement of women. The legislation placed on small business owners during the unique challenges that they face. requires the administrator to expand and after their deployment. I believe that we owe no greater debt assistance to women veterans and Re- To ensure that the Federal Govern- than to our brave men and women in servists. Given the rapid expansion and ment is there to assist our country’s uniform, and it is essential that they success of women-owned businesses, it servicemembers, I have introduced the are afforded every opportunity for eco- makes sense to ensure that the needs bill that we are debating here today, nomic success at home, especially of women Reservists are met when the Military Reservist and Veteran given their sacrifices for us abroad. they seek to start and operate small Small Business Reauthorization and I strongly support the Military Re- businesses. Opportunity Act. This legislation will servist and Veteran Small Business Re- Our fighting men and women are the support and expand entrepreneurial op- authorization and Opportunity Act, best in the world. Let us help them be- portunities for veterans and Reservists and I ask my colleagues to support this come the best entrepreneurs in the to ensure that their livelihoods are not important legislation. world by enacting this legislation, H.R. compromised because of their military Mr. CHABOT. Madam Speaker, I 4253. service. yield such time as he may consume to Again, I want to thank Mr. BUCHANAN My bill increases funding for the the gentleman from Florida (Mr. BU- for his leadership in this effort, and I Small Business Administration’s Office CHANAN). also want to thank the gentleman from of Veteran Business Development to Mr. BUCHANAN. Madam Speaker, I Pennsylvania, Mr. ALTMIRE, who also $4.4 million and facilitates the coordi- want to thank the ranking member for has worked very hard in this area as nation of all Federal agencies to focus yielding me the time, and I rise in sup- well and is responsible for this bill attention on increasing the success port of H.R. 4253. I would also like to being here today. rate of and opportunities for veteran- thank the Congressman from Pennsyl- Madam Speaker, I reserve the bal- owned small businesses. vania, Congressman ALTMIRE. He has ance of my time. This legislation will make the Advi- worked on a bipartisan basis. I appre- Ms. VELA´ ZQUEZ. Madam Speaker, I sory Committee on Veterans Business ciate it. It has been a great partner- recognize Mr. ALTMIRE, the sponsor of Affairs permanent, strengthening the ship. And also Madam Chairman, and the legislation, for as much time as he focus and input advisory committees the ranking member, you guys have may consume. can provide to the Federal Government done an incredible job this first year. A Mr. ALTMIRE. I thank the Chair and to ensure continued commitment to lot of people said we couldn’t work to- the ranking member for their contin- our Nation’s veterans. The Advisory gether, but it has been great leadership ued leadership on these issues, and I es- Committee has been an important this year. I also want to thank you for

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14223 the opportunity to include a lot of the eral resources, we can help them real- TEMPORARY EXTENSION OF PRO- provisions in this bill. ize their full potential, while also GRAMS UNDER SMALL BUSINESS H.R. 4253 incorporates legislation I growing the economy. ACT AND SMALL BUSINESS IN- introduced in May and was passed in Madam Speaker, I want to thank the VESTMENT ACT OF 1958 the House in June creating an impor- staff that worked on this bill. From the Ms. VELA´ ZQUEZ. Madam Speaker, I tant program within the Small Busi- majority staff, Michael Day, Adam move to suspend the rules and pass the ness Administration that will give our Minehardt and Andy Jimenez. From bill (H.R. 4252) to provide for an addi- veterans a chance to succeed in busi- the minority staff, Barry Pineles and tional temporary extension of pro- ness enterprises but provides them Kevin Fitzpatrick. I also want to rec- grams under the Small Business Act with all the help and assistance a ognize Max Goodman from Mr. BU- and the Small Business Investment Act grateful Nation can offer. CHANAN’s staff and Cara Toman and of 1958 through May 23, 2008, and for My legislation is intended to help Erik Komendant from Mr. ALTMIRE’s other purposes. veterans through grants, information staff. The Clerk read the title of the bill. services and contacts with profes- The text of the bill is as follows: sionals in fields of their endeavor. This I strongly urge my colleagues to vote H.R. 4252 Federal program will enhance the abil- for H.R. 4253. ity of a veteran to become a successful Mr. BUCHANAN. Madam Speaker, I thank Be it enacted by the Senate and House of Rep- the Ranking Member for yielding me the time resentatives of the United States of America in entrepreneur in his or her chosen field. Congress assembled, I know from personal experience, being and rise in support of H.R. 4253. SECTION 1. ADDITIONAL TEMPORARY EXTEN- a veteran of 6 years and an entre- I would like to thank Congressman ALTMIRE SION OF AUTHORIZATION OF PRO- preneur for 30 years, I was able to real- for bringing this bill to the floor today and for GRAMS UNDER THE SMALL BUSI- ize the American Dream, and I think NESS ACT AND THE SMALL BUSI- including in the bill a number of provisions im- NESS INVESTMENT ACT OF 1958. this bill does it. portant to me. H.R. 4253 puts an emphasis on pro- (a) IN GENERAL.—Section 1 of the Act enti- H.R. 4253 incorporates legislation I intro- tled ‘‘An Act to extend temporarily certain viding veterans with the market re- duced in May and the House passed in June authorities of the Small Business search, financial options and the tech- creating an important program within the Small Addministration’’, approved October 10, 2006 nological training important to be- Business Administration that will give our vet- (Public Law 109–316; 120 Stat. 1742), as most come a successful small business recently amended by section 1 of Public Law erans not just a chance at success in a busi- owner. This legislation not only ex- 110–57 (121 Stat. 560), is further amended by ness enterprise but provide them with all the pands the number and the scope of the striking ‘‘December 15, 2007’’ each place it help and assistance a grateful Nation can Veteran Outreach Centers, it ensures appears and inserting ‘‘May 23, 2008’’. offer. FFECTIVE ATE the opening of more doors and an op- (b) E D .—The amendment My legislation is intended to help veterans made by subsection (a) shall take effect on portunity for our women veterans. As- December 15, 2007. sisting our women returning from com- through grants, information services, and con- The SPEAKER pro tempore. Pursu- bat is something that has long been tact with professionals in their fields of en- ant to the rule, the gentlewoman from overlooked and overdue. It is high time deavor. New York (Ms. VELA´ ZQUEZ) and the that we did something about it. This federal support will enhance the ability gentleman from Ohio (Mr. CHABOT) Today, the House will pass a bill that of a veteran to become an entrepreneur in his each will control 20 minutes. will help individuals make an impor- or her own right. The Chair recognizes the gentle- tant transition from being a veteran to H.R. 4253 puts an emphasis on providing woman from New York. a small business entrepreneur. I urge veterans with the market research, financial GENERAL LEAVE my colleagues to support H.R. 4253. options and technological training important to Ms. VELA´ ZQUEZ. Madam Speaker, I Mr. CHABOT. Madam Speaker, I have becoming a successful small business owner. no further speakers, so I yield back the ask unanimous consent that all Mem- balance of my time. This legislation not only expands the num- bers may have 5 legislative days to re- Ms. VELA´ ZQUEZ. Madam Speaker, I ber and scope of Veteran Outreach Centers, it vise and extend their remarks and in- would like to yield myself the balance ensures the opening of more doors and oppor- clude extraneous material on the bill of my time. tunities for our women veterans. Assisting our under consideration. Madam Speaker, the wars in Iraq and women returning from combat has been an The SPEAKER pro tempore. Is there Afghanistan have produced over 600,000 area long overlooked and it’s high time we did objection to the request of the gentle- new veterans thus far and have created something about it. woman from New York? a serious challenge for the Nation: how Today, the House will pass a bill that will There was no objection. to facilitate our returning help individuals make an important transition Ms. VELA´ ZQUEZ. Madam Speaker, I servicemembers’ successful transition from veteran to small business entrepreneur. yield myself such time as I may con- back home and into our economy. I urge all of my colleagues to support H.R. sume. Given the ongoing nature of these con- 4253. Madam Speaker, today we will con- sider a short-term extension for pro- flicts, the shift in economic opportuni- Ms. VELA´ ZQUEZ. Madam Speaker, I grams in the Small Business Act and ties and the diverse needs of returning yield back the balance of my time, and Small Business Investment Act. This veterans, this is an unprecedented situ- urge its adoption. ation that will require a major and bill extends the authorization of the rapid response. The SPEAKER pro tempore. The Small Business Administration and To promote veterans’ abilities to be question is on the motion offered by these programs through May 23, 2008. productive engines of the economy, I the gentlewoman from New York (Ms. This short-term extension is nec- believe we must comprehensively mod- VELA´ ZQUEZ) that the House suspend the essary to ensure continuous operations ernize Federal programs designed to as- rules and pass the bill, H.R. 4253. at the agencies so that this Nation’s sist this key group through self-em- The question was taken. entrepreneurs continue to receive vital ployment opportunities. H.R. 4253 The SPEAKER pro tempore. In the assistance. The programs at the SBA achieves this objective by obtaining opinion of the Chair, two-thirds being are designed to stimulate job creation the Small Business Administration in the affirmative, the ayes have it. and economic development across the programs to ensure they are cus- country. Ms. VELA´ ZQUEZ. Madam Speaker, tomized to meet the growing needs of As the sole Federal agency charged on that I demand the yeas and nays. this sector in a changing economy. with assisting this Nation’s 26 million This Nation has a clear obligation to The yeas and nays were ordered. small businesses, it is critical that the ensure that our returning The SPEAKER pro tempore. Pursu- SBA is able to meet their needs servicemembers have the assistance ant to clause 8 of rule XX and the through access to capital, technical as- they need to succeed at entrepreneur- Chair’s prior announcement, further sistance and increasing their ability to ship. By complementing their indi- proceedings on this motion will be secure Federal contracting opportuni- vidual strengths with appropriate Fed- postponed. ties.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14224 CONGRESSIONAL RECORD — HOUSE December 5, 2007 The Small Business Committee has cial to ensuring programs designed to H.R. 3791, by the yeas and nays; been working to improve and revitalize help our small businesses are able to H.R. 2517, by the yeas and nays; these efforts through a number of bills. continue to operate. Working in a bi- H. Res. 822, by the yeas and nays. The committee has taken steps to pro- partisan effort with Chairwoman Postponed votes on H.R. 3505, H.R. vide an overhaul and improvements to VELA´ ZQUEZ, the committee has re- 4253, and H.R. 2085 will be taken tomor- ensure our Federal Government is ported 14 bills, most of which have been row. adapting to the current economy. overwhelmingly bipartisan, and all of The first electronic vote will be con- With 15 bills passed out of the House, which have passed the House of Rep- ducted as a 15-minute vote. Remaining these reforms have been a collabo- resentatives. electronic votes will be conducted as 5- rative and bipartisan effort to assist While we have worked at a rather fu- minute votes. small firms. Four of these bills were rious pace in an effort to formally re- f sponsored by Members of the minority, authorize SBA programs, the other leg- and nearly all of these bills have passed islative body has had difficulties com- SECURING ADOLESCENTS FROM with over 300 votes in the House. I will ing to the same bipartisan consensus. EXPLOITATION-ONLINE ACT OF also note that 10 different members of So without passage of this temporary 2007 the committee, six of whom are serving legislation today, we find ourselves at The SPEAKER pro tempore. The un- their first term in Congress, have been risk of shortchanging the government finished business is the vote on the mo- the sponsors of these bills. contracting and capital programs for tion to suspend the rules and pass the These reforms include major changes small businesses and impeding the bill, H.R. 3791, as amended, on which to SBA programs which affect millions management of the SBA. the yeas and nays were ordered. of small businesses. The bills that have Even with deliberations completed in The Clerk read the title of the bill. been passed are designed to improve the House, we operate in a bicameral The SPEAKER pro tempore. The small business contracting programs, legislative system. Time is needed for question is on the motion offered by as well as providing needed updates to the legislative process in both bodies to the gentleman from Michigan (Mr. the SBA disaster program that failed function and, if necessary, for the two CONYERS) that the House suspend the so many Americans during Hurricane bodies to meet in conference to iron rules and pass the bill, H.R. 3791, as Katrina. out any disagreements and to ensure amended. The committee and the House have that the SBA and its programs are best The vote was taken by electronic de- also reported legislation which stream- promoting the health of America’s en- vice, and there were—yeas 409, nays 2, lines the SBA access to capital initia- trepreneurs who, after all, employ an not voting 20, as follows: tives and increases the outreach of en- awful lot of people in this country. The [Roll No. 1131] trepreneurial programs. With these work cannot be expected to be done in YEAS—409 bills passed out of this Chamber, we are a deliberative, thoughtful, and bipar- prepared to take the final step to pass tisan manner with the looming dead- Abercrombie Cantor Emanuel Ackerman Capito Emerson a comprehensive reauthorization to the line of midnight December 15 hanging Aderholt Capps Engel SBA and its programs. over our heads. Akin Capuano English (PA) We will continue working with the Again, Madam Speaker, I want to Alexander Cardoza Eshoo Allen Carnahan Etheridge Senate to get these reforms signed into thank my friend from New York for her Altmire Carney Everett law. This extension will provide time very hard work on this legislation, and Andrews Carter Fallin for the Senate to move their own I urge all my colleagues to join us in Arcuri Castle Farr changes and allow us to work out any supporting H.R. 4252, this bill. Baca Castor Fattah Bachmann Chabot Ferguson differences. I yield back the balance of my time. Bachus Chandler Filner ´ b 1715 Ms. VELAZQUEZ. Madam Speaker, I Baker Clarke Flake yield back the balance of my time. Baldwin Clay Forbes At a time when the economy is in an The SPEAKER pro tempore. The Barrett (SC) Cleaver Fortenberry uncertain state, it is important that Barrow Clyburn Fossella question is on the motion offered by Bartlett (MD) Coble Foxx these programs continue to serve small the gentlewoman from New York (Ms. Barton (TX) Cohen Frank (MA) firms as Congress crafts these reforms. VELA´ ZQUEZ) that the House suspend the Bean Conaway Franks (AZ) I look forward to working with Rank- Becerra Conyers Frelinghuysen rules and pass the bill, H.R. 4252. Berkley Cooper Gallegly ing Member CHABOT to move ahead on The question was taken; and (two- Berman Costa Garrett (NJ) these efforts. Our common goal is to thirds being in the affirmative) the Berry Costello Gerlach ensure the SBA can adequately and ef- rules were suspended and the bill was Biggert Courtney Giffords ficiently respond to the needs of entre- Bilbray Cramer Gilchrest passed. Bilirakis Crenshaw Gillibrand preneurs. Our Nation’s main job cre- A motion to reconsider was laid on Bishop (GA) Crowley Gingrey ators, small businesses, deserve noth- the table. Bishop (NY) Cuellar Gohmert ing less. Blackburn Culberson Gonzalez f Blumenauer Cummings Goode Madam Speaker, I reserve the bal- Blunt Davis (AL) Goodlatte ance of my time. THE JOURNAL Boehner Davis (CA) Gordon Mr. CHABOT. Madam Speaker, I The SPEAKER pro tempore. Pursu- Bonner Davis (IL) Granger yield myself such time as I may con- Bono Davis (KY) Graves ant to clause 8 of rule XX, the unfin- Boozman Davis, David Green, Al sume. ished business is the question on agree- Boren Davis, Lincoln Green, Gene I would urge my colleagues to sus- ing to the Speaker’s approval of the Boswell Davis, Tom Grijalva pend the rules and pass H.R. 4252, legis- Journal, which the Chair will put de Boucher Deal (GA) Gutierrez Boustany DeFazio Hall (NY) lation to extend the authorization for novo. Boyd (FL) DeGette Hall (TX) programs under the Small Business Act The question is on the Speaker’s ap- Boyda (KS) Delahunt Hare and the Small Business Investment proval of the Journal. Brady (PA) Dent Harman Act, as well as any program operated Brady (TX) Diaz-Balart, L. Hastings (FL) Pursuant to clause 1, rule 1, the Jour- Braley (IA) Diaz-Balart, M. Hastings (WA) by the Small Business Administration nal stands approved. Brown (SC) Dicks Hayes for which Congress has already appro- f Brown, Corrine Dingell Heller priated funds. This extension will last Brown-Waite, Doggett Hensarling until May 23, 2008. I want to thank the ANNOUNCEMENT BY THE SPEAKER Ginny Donnelly Herger PRO TEMPORE Buchanan Doolittle Herseth Sandlin distinguished chairwoman of the Small Burgess Doyle Higgins Business Committee, Ms. VELA´ ZQUEZ, The SPEAKER pro tempore. Pursu- Burton (IN) Drake Hill for working with me in her usual gra- ant to clause 8 of rule XX, proceedings Butterfield Dreier Hinchey Buyer Duncan Hirono cious manner. will resume on motions to suspend the Calvert Edwards Hobson With the current extension set to ex- rules previously postponed. Camp (MI) Ehlers Hodes pire December 15, which isn’t very far Votes will be taken in the following Campbell (CA) Ellison Hoekstra away, obviously, the extension is cru- order: Cannon Ellsworth Holden

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14225 Holt McNulty Schakowsky So (two-thirds being in the affirma- Johnson, E. B. Miller (NC) Scott (VA) Honda Meek (FL) Schiff tive) the rules were suspended and the Johnson, Sam Miller, George Sensenbrenner Hoyer Meeks (NY) Schmidt Jones (NC) Mitchell Serrano Hulshof Melancon Schwartz bill, as amended, was passed. Jones (OH) Mollohan Sessions Hunter Mica Scott (GA) The result of the vote was announced Jordan Moore (KS) Sestak Inglis (SC) Michaud Scott (VA) as above recorded. Kagen Moore (WI) Shadegg Inslee Miller (FL) Sensenbrenner A motion to reconsider was laid on Kanjorski Moran (KS) Shays Israel Miller (MI) Serrano Kaptur Moran (VA) Shea-Porter Issa Miller (NC) Sessions the table. Keller Murphy (CT) Sherman Jackson (IL) Miller, George Sestak Kennedy Murphy, Patrick Shimkus Jefferson Mitchell Shadegg f Kildee Murphy, Tim Johnson (GA) Mollohan Shays Shuler Kilpatrick Musgrave Johnson (IL) Moore (KS) Shea-Porter Shuster PROTECTING OUR CHILDREN Kind Myrick Johnson, E. B. Moore (WI) Sherman Simpson COMES FIRST ACT OF 2007 King (IA) Nadler Johnson, Sam Moran (KS) Shimkus Sires Jones (NC) Moran (VA) Shuler The SPEAKER pro tempore. The un- King (NY) Napolitano Skelton Kingston Neal (MA) Jones (OH) Murphy (CT) Shuster finished business is the vote on the mo- Slaughter Jordan Murphy, Patrick Simpson Kirk Neugebauer Smith (NJ) Kagen Murphy, Tim Sires tion to suspend the rules and pass the Klein (FL) Oberstar Smith (TX) Kanjorski Murtha Skelton bill, H.R. 2517, as amended, on which Kline (MN) Obey Smith (WA) Kaptur Musgrave Slaughter the yeas and nays were ordered. Knollenberg Olver Snyder Kucinich Pallone Keller Myrick Smith (NJ) The Clerk read the title of the bill. Solis Kennedy Nadler Smith (TX) Kuhl (NY) Pascrell Souder Kildee Napolitano Smith (WA) The SPEAKER pro tempore. The LaHood Pastor Space Kilpatrick Neal (MA) Snyder question is on the motion offered by Lamborn Payne Spratt King (IA) Neugebauer Solis the gentlewoman from New York (Mrs. Lampson Pearce Stark King (NY) Oberstar Souder Langevin Pence Stearns Kingston Obey Space MCCARTHY) that the House suspend the Lantos Perlmutter Stupak Kirk Olver Spratt rules and pass the bill, H.R. 2517, as Larsen (WA) Peterson (MN) Sullivan Klein (FL) Pallone Stark amended. Larson (CT) Peterson (PA) Sutton Kline (MN) Pascrell Stearns Latham Petri Knollenberg Pastor Stupak This will be a 5-minute vote. Tanner LaTourette Pickering Tauscher Kucinich Payne Sullivan The vote was taken by electronic de- Lee Pitts Kuhl (NY) Pearce Sutton vice, and there were—yeas 408, nays 3, Taylor Levin Platts Terry LaHood Pence Tanner Poe not voting 20, as follows: Lewis (CA) Thompson (CA) Lamborn Perlmutter Tauscher Lewis (GA) Pomeroy Lampson Peterson (MN) Taylor [Roll No. 1132] Thompson (MS) Lewis (KY) Porter Langevin Peterson (PA) Terry Thornberry YEAS—408 Linder Price (NC) Lantos Petri Thompson (CA) Tiahrt Lipinski Pryce (OH) Larsen (WA) Pickering Thompson (MS) Abercrombie Capuano Farr Tiberi LoBiondo Putnam Larson (CT) Pitts Thornberry Ackerman Cardoza Fattah Tierney Loebsack Radanovich Latham Platts Tiahrt Aderholt Carnahan Ferguson Towns Lofgren, Zoe Rahall LaTourette Poe Tiberi Akin Carney Filner Tsongas Lowey Ramstad Lee Pomeroy Tierney Alexander Carter Forbes Turner Allen Castle Fortenberry Lungren, Daniel Rangel Levin Porter Towns Udall (CO) Altmire Castor Fossella E. Regula Lewis (CA) Price (GA) Tsongas Udall (NM) Andrews Chabot Foxx Lynch Rehberg Lewis (GA) Price (NC) Turner Upton Lewis (KY) Pryce (OH) Udall (CO) Arcuri Chandler Frank (MA) Mack Reichert Baca Clarke Franks (AZ) Mahoney (FL) Renzi Van Hollen Linder Putnam Udall (NM) ´ Bachmann Clay Frelinghuysen Maloney (NY) Reyes Velazquez Lipinski Radanovich Upton Visclosky LoBiondo Rahall Van Hollen Bachus Cleaver Gallegly Manzullo Reynolds Walberg Loebsack Ramstad Vela´ zquez Baker Clyburn Garrett (NJ) Marchant Richardson Walden (OR) Lofgren, Zoe Rangel Visclosky Baldwin Coble Gerlach Markey Rodriguez Walsh (NY) Lowey Regula Walberg Barrett (SC) Cohen Giffords Marshall Rogers (AL) Walz (MN) Lungren, Daniel Rehberg Walden (OR) Barrow Conaway Gilchrest Matheson Rogers (KY) E. Reichert Walsh (NY) Bartlett (MD) Conyers Gillibrand Matsui Rogers (MI) Wamp Lynch Renzi Walz (MN) Barton (TX) Cooper Gingrey McCarthy (CA) Rohrabacher Wasserman Mack Reyes Wamp Bean Costa Gohmert McCarthy (NY) Ros-Lehtinen Schultz Mahoney (FL) Richardson Wasserman Becerra Costello Gonzalez McCaul (TX) Roskam Waters Maloney (NY) Rodriguez Schultz Berkley Courtney Goode McCollum (MN) Ross Watson Manzullo Rogers (AL) Waters Berman Cramer Goodlatte McCotter Rothman Watt Marchant Rogers (KY) Watson Berry Crenshaw Gordon McCrery Roybal-Allard Waxman Markey Rogers (MI) Watt Biggert Crowley Granger McDermott Royce Weiner Bilbray Cuellar Graves Marshall Rohrabacher Waxman McGovern Ruppersberger Welch (VT) Bilirakis Culberson Green, Al Matheson Ros-Lehtinen Weiner McHenry Rush Weldon (FL) Bishop (GA) Cummings Green, Gene Matsui Roskam Welch (VT) McHugh Ryan (OH) Weller Bishop (NY) Davis (AL) Grijalva McCarthy (CA) Ross Weldon (FL) McIntyre Ryan (WI) Westmoreland Bishop (UT) Davis (CA) Gutierrez McCarthy (NY) Rothman Weller McKeon Salazar Wexler McCaul (TX) Roybal-Allard Westmoreland Blackburn Davis (IL) Hall (NY) Whitfield Blumenauer Davis (KY) Hall (TX) McMorris Sali McCollum (MN) Royce Wexler ´ Wicker Blunt Davis, David Hare Rodgers Sanchez, Linda McCotter Ruppersberger Whitfield Wilson (NM) Boehner Davis, Lincoln Harman McNerney T. McCrery Rush Wicker McNulty Sanchez, Loretta Wilson (OH) McDermott Ryan (OH) Wilson (NM) Bonner Davis, Tom Hastings (FL) Bono Deal (GA) Hastings (WA) Meek (FL) Sarbanes Wilson (SC) McGovern Ryan (WI) Wilson (OH) Meeks (NY) Saxton Wolf McHenry Salazar Wilson (SC) Boozman DeFazio Hayes Melancon Schakowsky Woolsey McHugh Sali Wolf Boren Delahunt Heller Mica Schiff Wu McIntyre Sa´ nchez, Linda Woolsey Boswell Dent Hensarling Michaud Schmidt Wynn McKeon T. Wu Boucher Diaz-Balart, L. Herger Miller (FL) Schwartz Yarmuth McMorris Sanchez, Loretta Wynn Boustany Diaz-Balart, M. Herseth Sandlin Miller (MI) Scott (GA) Young (FL) Rodgers Sarbanes Yarmuth Boyd (FL) Dicks Higgins McNerney Saxton Young (FL) Boyda (KS) Dingell Hill Brady (PA) Doggett Hinchey NAYS—3 NAYS—2 Brady (TX) Donnelly Hirono Broun (GA) Flake Paul Broun (GA) Paul Braley (IA) Doolittle Hobson Brown (SC) Doyle Hodes NOT VOTING—20 Brown, Corrine Drake Hoekstra NOT VOTING—20 Brown-Waite, Dreier Holden Baird Hinojosa Baird Hinojosa Miller, Gary Murtha Ginny Duncan Holt Carson Hooley Bishop (UT) Hooley Nunes Nunes Buchanan Edwards Honda Cole (OK) Jackson-Lee Carson Jackson-Lee Ortiz Ortiz Burgess Ehlers Hoyer Cubin (TX) Cole (OK) (TX) Reynolds Price (GA) Burton (IN) Ellison Hulshof DeGette Jindal Cubin Jindal Smith (NE) Smith (NE) Butterfield Ellsworth Hunter DeLauro Lucas DeLauro Kind Tancredo Tancredo Buyer Emanuel Inglis (SC) Feeney Miller, Gary Feeney Lucas Young (AK) Young (AK) Calvert Emerson Inslee Camp (MI) Engel Israel ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE b 1743 Campbell (CA) English (PA) Issa Mr. JOHNSON of Georgia and Ms. Cannon Eshoo Jackson (IL) The SPEAKER pro tempore (during Cantor Etheridge Jefferson HIRONO changed their vote from Capito Everett Johnson (GA) the vote). Members are advised that ‘‘nay’’ to ‘‘yea.’’ Capps Fallin Johnson (IL) there are 2 minutes remaining.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14226 CONGRESSIONAL RECORD — HOUSE December 5, 2007 b 1752 Hinchey McKeon Sarbanes there are 2 minutes remaining in this Hirono McMorris Saxton vote. So (two-thirds being in the affirma- Hobson Rodgers Schakowsky tive) the rules were suspended and the Hodes McNerney Schiff b 1759 bill, as amended, was passed. Hoekstra McNulty Schmidt Holden Meek (FL) Schwartz So (two-thirds being in the affirma- The result of the vote was announced Holt Meeks (NY) Scott (VA) tive) the rules were suspended and the as above recorded. Honda Melancon Sensenbrenner resolution, as amended, was agreed to. A motion to reconsider was laid on Hoyer Mica Serrano Hulshof Michaud The result of the vote was announced the table. Sessions Hunter Miller (FL) Sestak as above recorded. Inglis (SC) Miller (MI) Shadegg f A motion to reconsider was laid on Inslee Miller (NC) Shays Israel Miller, George Shea-Porter the table. RECOGNIZING THE 100TH ANNIVER- Issa Mitchell Sherman Jackson (IL) Mollohan f Shimkus SARY YEAR OF THE FOUNDING Jefferson Moore (KS) Shuler OF THE PORT OF LOS ANGELES Johnson (GA) Moore (WI) GRANTING AUTHORITY PROVIDED Shuster Johnson (IL) Moran (KS) UNDER THE RULES OF THE Simpson The SPEAKER pro tempore. The un- Johnson, E. B. Moran (VA) Sires HOUSE TO THE COMMITTEE ON finished business is the vote on the mo- Johnson, Sam Murphy (CT) EDUCATION AND LABOR FOR tion to suspend the rules and agree to Jones (NC) Murphy, Patrick Skelton Slaughter PURPOSES OF ITS INVESTIGA- the resolution, H. Res. 822, as amended, Jones (OH) Murphy, Tim Jordan Musgrave Smith (NJ) TION INTO THE DEATHS OF 9 IN- on which the yeas and nays were or- Kagen Myrick Smith (TX) Smith (WA) DIVIDUALS THAT OCCURRED AT dered. Kanjorski Nadler THE CRANDALL CANYON MINE The Clerk read the title of the resolu- Kaptur Napolitano Snyder Keller Neal (MA) Solis NEAR HUNTINGTON, UTAH tion. Kennedy Neugebauer Souder The SPEAKER pro tempore. The Kildee Oberstar Space Ms. SLAUGHTER, from the Com- question is on the motion offered by Kilpatrick Obey Spratt mittee on Rules, submitted a privi- the gentlewoman from California (Ms. Kind Olver Stark leged report (Report No. 110–473) on the King (IA) Pallone Stearns resolution (H. Res. 836) granting the RICHARDSON) that the House suspend King (NY) Pascrell Stupak the rules and agree to the resolution, Kingston Pastor Sullivan authority provided under clause 4(c)(3) H. Res. 822, as amended. Kirk Paul Sutton of rule X of the Rules of the House of This will be a 5-minute vote. Klein (FL) Payne Tanner Representatives to the Committee on Kline (MN) Pearce Tauscher Education and Labor for purposes of its The vote was taken by electronic de- Knollenberg Pence Taylor vice, and there were—yeas 410, nays 0, Kucinich Perlmutter Terry investigation into the deaths of nine not voting 21, as follows: Kuhl (NY) Peterson (MN) Thompson (CA) individuals that occurred at the LaHood Peterson (PA) Thompson (MS) Crandall Canyon Mine near Hun- [Roll No. 1133] Lamborn Petri Thornberry tington, Utah, which was referred to YEAS—410 Lampson Pickering Tiahrt Langevin Pitts Tiberi the House Calendar and ordered to be Abercrombie Calvert Edwards Lantos Platts Tierney Ackerman Camp (MI) Ehlers printed. Larsen (WA) Poe Towns Aderholt Campbell (CA) Ellison Larson (CT) Pomeroy Ms. SLAUGHTER. I ask unanimous Akin Cannon Ellsworth Tsongas consent, Madam Speaker, for the im- Latham Porter Turner Alexander Cantor Emanuel LaTourette Price (GA) mediate consideration of House Resolu- Allen Capito Emerson Udall (CO) Lee Price (NC) Udall (NM) tion 836. Altmire Capps Engel Levin Pryce (OH) Upton Andrews Capuano English (PA) Lewis (CA) Putnam The Clerk read the title of the resolu- Van Hollen Arcuri Cardoza Eshoo Lewis (GA) Radanovich tion. Vela´ zquez Baca Carnahan Etheridge Lewis (KY) Rahall Visclosky The SPEAKER pro tempore. Is there Bachmann Carney Everett Linder Ramstad Walberg Bachus Carter Fallin Lipinski Rangel objection to the request of the gentle- Baker Castle Farr LoBiondo Regula Walden (OR) woman from New York? Baldwin Castor Fattah Loebsack Rehberg Walsh (NY) There was no objection. Barrett (SC) Chabot Ferguson Walz (MN) Lofgren, Zoe Reichert The Clerk read the resolution, as fol- Barrow Clarke Filner Lowey Renzi Wamp Bartlett (MD) Clay Flake Lungren, Daniel Reyes Wasserman lows: Barton (TX) Cleaver Forbes Schultz E. Reynolds H. RES. 836 Bean Clyburn Fortenberry Lynch Richardson Waters Becerra Coble Fossella Mack Rodriguez Watson Resolved, Berkley Cohen Foxx Mahoney (FL) Rogers (AL) Watt SECTION 1. GRANTING INVESTIGATIVE AUTHOR- Berman Conaway Frank (MA) Maloney (NY) Rogers (KY) Waxman ITY TO COMMITTEE ON EDUCATION Berry Conyers Franks (AZ) Manzullo Rogers (MI) Weiner AND LABOR. Biggert Cooper Frelinghuysen Marchant Rohrabacher Welch (VT) The Committee on Education and Labor is Bilbray Costa Gallegly Markey Ros-Lehtinen Weldon (FL) granted the authority provided under clause Bilirakis Costello Garrett (NJ) Weller Marshall Roskam 4(c)(3) of rule X of the Rules of the House of Bishop (GA) Courtney Gerlach Matheson Ross Westmoreland Bishop (NY) Cramer Giffords Matsui Rothman Wexler Representatives in furtherance of the inves- Bishop (UT) Crenshaw Gilchrest McCarthy (CA) Roybal-Allard Whitfield tigation by such Committee into the deaths Blackburn Crowley Gillibrand McCarthy (NY) Royce Wicker of 9 individuals that occurred during August Blumenauer Cuellar Gingrey McCaul (TX) Ruppersberger Wilson (NM) 2007 at the Crandall Canyon Mine (also Blunt Culberson Gohmert McCollum (MN) Rush Wilson (OH) known as the Genwal Mine) near Hun- Boehner Cummings Gonzalez McCotter Ryan (OH) Wilson (SC) Bonner Davis (AL) Goode tington, Utah, including the events that may McCrery Ryan (WI) Wolf have led to those deaths and into the admin- Bono Davis (CA) Goodlatte McDermott Salazar Woolsey Boozman Davis (IL) Gordon McGovern Sali Wu istration of relevant laws by government Boren Davis (KY) Granger McHenry Sa´ nchez, Linda Wynn agencies, including the Department of Labor Boswell Davis, David Graves McHugh T. Yarmuth and the Mine Safety and Health Administra- Boucher Davis, Lincoln Green, Al McIntyre Sanchez, Loretta Young (FL) tion, and into other related matters. Boustany Davis, Tom Green, Gene Boyd (FL) Deal (GA) Grijalva NOT VOTING—21 Mr. MCKEON. Madam Speaker, on August Boyda (KS) DeGette Gutierrez 6, 2007, a collapse at the Crandall Canyon Baird Hinojosa Nunes Brady (PA) Delahunt Hall (NY) mine in Utah took the lives of six miners. Days Brady (TX) Dent Hall (TX) Carson Hooley Ortiz Braley (IA) Diaz-Balart, L. Hare Chandler Jackson-Lee Scott (GA) later, three rescuers were lost as well. We all Broun (GA) Diaz-Balart, M. Harman Cole (OK) (TX) Smith (NE) grieved with this tragedy, and we all share a Brown (SC) Dicks Hastings (FL) Cubin Jindal Tancredo commitment to doing what we can to prevent Brown, Corrine Dingell Hastings (WA) DeFazio Lucas Young (AK) Brown-Waite, Doggett Hayes DeLauro Miller, Gary such an event from happening in the future. Ginny Donnelly Heller Feeney Murtha The Education and Labor Committee has Buchanan Doolittle Hensarling initiated an investigation into possible causes Burgess Doyle Herger ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE of the collapse, as well as the handling of its Burton (IN) Drake Herseth Sandlin Butterfield Dreier Higgins The SPEAKER pro tempore (during aftermath by the mine ownership and Federal Buyer Duncan Hill the vote). Members are advised that regulators. Our committee has at its disposal

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00068 Fmt 7634 Sfmt 9920 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14227 significant tools and resources to conduct this the investigations. I’m concerned that by HOLD THIS ADMINISTRATION AC- investigation, including the power to hold hear- granting this extraordinary deposition authority, COUNTABLE FOR TRYING TO ings, demand documents, interview witnesses, the House is backing away from that cautious LEAD US INTO WAR AGAINST and enter evidence into the record. approach and rekindling the threat that our ac- IRAN At the same time as our committee pursues tivities could undermine the aggressive en- (Mr. KUCINICH asked and was given its inquiry, there are a series of official inves- forcement that MSHA and other investigators permission to address the House for 1 tigations underway by the Department of have an obligation to pursue. minute and to revise and extend his re- Labor and the State of Utah. The investiga- The deposition authority proposed today is marks.) tions by the Mine Safety and Health Adminis- crafted narrowly to cover only the Crandall tration are of a law enforcement nature—if it is Canyon mine collapse, and the rules adopted Mr. KUCINICH. Let’s hope that the determined that criminal conduct occurred, in our committee to govern these depositions National Intelligence Estimate will they can at any time make a referral to the were developed fairly to ensure the full partici- stop the drumbeat of war against Iran. Department of Justice. pation of the minority. I believe these steps This administration knew full well Although our committee investigation is still are acknowledgements by the majority that that Iran did not have a nuclear weap- in its early stages, it has already been fruitful. deposition authority is truly an extraordinary ons program in the same way that they In addition to the single hearing that has been step, and must be undertaken with great care. knew that Iraq did not have weapons of held, we have requested—and the Department I appreciate their cooperation on these points. mass destruction. of Labor has produced—hundreds of thou- As I have made clear, there are serious Now that Congress knows that the sands of pages of documents. We have con- questions about the timing and necessity of administration misled the Congress ducted interviews with witnesses, and visited this narrowly crafted authority. Beyond that, and brought Congress into voting time the site of the accident. however, I want to be perfectly clear that the after time after time to isolate Iran, Despite the progress that has been made specific authority being granted in this in- it’s time for diplomatic relations, but with our significant existing oversight capabili- stance should in no way be viewed as prece- it’s also time for Congress to hold this ties, the majority today is seeking to confer on dent for future oversight functions of our com- administration accountable for trying our committee the extraordinary power to sub- mittee or any committee of this House. Com- to lead us into a war against Iran. It’s poena witnesses for closed-door, staff-led mittee rules allow for a range of tools and re- time, once again, to start talking depositions. This is an authority granted only sources that can be used to conduct rigorous about the impeachment of the Presi- in the rarest of circumstances, such as the oversight. Any effort to grant broader deposi- dent and to act upon the impeachment protection of national security, the impeach- tion authority will surely bring greater danger, of the Vice President for attempting to ment of a President, or the alleged defrauding and therefore greater objection. mislead us into a war against Iran. of a national organization by its leadership. The resolution was agreed to. I have serious reservations about establish- A motion to reconsider was laid on f ment of deposition authority at this early stage the table. of our investigation. The majority has not es- f HUMAN RIGHTS IN SAUDI ARABIA tablished any clear need for this authority. In GENERAL LEAVE (Mr. POE asked and was given per- fact, we are not aware of a single witness who Ms. SLAUGHTER. Madam Speaker, I has refused to cooperate with the committee mission to address the House for 1 ask unanimous consent that all Mem- minute.) after an official invitation. Moreover, while the bers have 5 legislative days within Mr. POE. Mr. Speaker, in Saudi Ara- majority has been unwilling to disclose exactly which to include extraneous materials whose testimony this authority is intended to bia, seven men abducted a 19-year-old into the RECORD on H. Res. 836. compel, they have indicated that just a handful The SPEAKER pro tempore. Is there woman and her male companion. The of individuals are expected to require a sub- objection to the request of the gentle- seven men then raped the woman. And poena. Members on our side of the aisle are woman from New York? how does Saudi Arabia treat this rape more than willing to cooperate with regular There was no objection. victim? By ordering lashes and impris- onment for her because they blamed committee procedures including hearings for f this purpose, and as such, it remains unclear her for being alone with this male com- to me why this authority is necessary. SUPPORT THE VETERANS TIMELY panion because he wasn’t her spouse. In addition to being premature and unneces- ACCESS TO HEALTH CARE ACT A Saudi Arabian court originally, lis- sary, I believe this authority carries with it the (Ms. GINNY BROWN-WAITE of Flor- ten to this, sentenced her to 90 lashes possibility of grave unintended consequences. ida asked and was given permission to because she was alone with this indi- Deposition authority will allow dozens of inter- address the House for 1 minute and to vidual. As if further victimization views to be conducted under oath and com- revise and extend her remarks.) wasn’t enough, the court just increased pelled by subpoena. This could create the Ms. GINNY BROWN-WAITE of Flor- the victim’s sentence to 200 lashes and possibility of conflicts of interest, privilege ida. Mr. Speaker, this year I introduced 6 months in prison. claims and rulings, requests for immunity, H.R. 92, the Veterans Timely Access to The Saudi Arabian Government now leaks, and contradictory evidence. Health Care Act. H.R. 92 makes a re- seeks to quell international outrage Previous congressional probes should serve sponsible and reasonable commitment over this sentence by saying the as a cautionary tale as we head down this to veterans throughout this country. woman was married at the time of the path. Tactics used in the congressional inves- Under the bill, if a veteran cannot get rape but she was with a nonrelative tigation of the Iran-Contra affair caused key an appointment with a primary care male companion who wasn’t her testimony against Oliver North to be thrown physician within 30 days, that veteran spouse. out, and his convictions to be overturned. may see a private physician at no addi- No explanation or excuse can justify The Acting Solicitor of Labor voiced con- tional cost. Unfortunately, the Vet- this punishment for the victim. This cerns that this investigation could similarly im- erans’ Affairs Committee refuses to woman was victimized by her own na- peril any civil or criminal enforcement that may move my bill and allow the House of tion. be necessary in this matter. In September, he Representatives to vote on it. The Saudi Arabian court also re- wrote to Chairman MILLER and me, along with This year, I have witnessed the ma- the leadership of the House, saying that the jority leadership use veterans as a po- moved the lawyer from the case and re- Committee’s ‘‘parallel investigation . . . may litical pawn. They’ve held the Military voked his license because he spoke to compromise the integrity of MSHA’s law en- Construction and Veterans appropria- the media. The lawyer now faces per- forcement investigation and potentially jeop- tions bill hostage. I won’t allow the manent disbarment. So much for free- ardize its ability to enforce the law and hold same thing to happen with veterans ac- dom of speech. violators accountable. ‘‘ cess to health care. Human rights seem to be absent in Up to this point, the majority has heeded I ask my colleagues, regardless of Saudi Arabia, because rape victims our warnings and those of the Department of their party affiliation, to stand up and should not be sent to jail, and even Labor. Our hearing and the series of inter- protect veterans as they once stood up lawyers should have the right of free- views that have been conducted were struc- to protect you. And I ask the leader- dom of speech. tured in such a way as to avoid endangering ship to move H.R. 92. And that’s just the way it is.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14228 CONGRESSIONAL RECORD — HOUSE December 5, 2007 A TRIBUTE TO THE HONORABLE need to understand the men that wrote leaders about the record of the so- HENRY HYDE the Constitution and what they said called surge or escalation in Iraq. (Mr. DANIEL E. LUNGREN of Cali- when it was ratified. The Founding Fa- Let’s first look at what the main pur- fornia asked and was given permission thers were very concerned that a pose of the escalation really was. Ac- to address the House for 1 minute and strong Federal Government would cording to the chairman of the Joint to revise and extend his remarks.) trample on individual freedom and in- Chiefs, Admiral Michael Mullen, the Mr. DANIEL E. LUNGREN of Cali- dividual rights because that’s what surge was to give space for political fornia. Mr. Speaker, last night I was happened to the colonists, and that’s reconciliation. I quote him here: ‘‘Se- unable to be here when we had a trib- what governments historically do to curity is critical to providing the Gov- ute to our departed colleague, Henry their people, trample on individual ernment of Iraq the breathing space it Hyde. I just wanted to say this about rights. needs to work toward political national Henry Hyde: It was a privilege and an So after the ratification of the Con- reconciliation and economic growth. honor to serve in this House with him. stitution, the Framers knew that a Barring that, no amount of troops in I recall a conversation I had with declaration of rights had to be added to no amount of time will make much of him a number of years ago at which protect basic individual rights, rights a difference.’’ The President celebrates that there time I talked to him about sometimes that are inalienable, created by our has been a short-term downward trend did he ever get tired about the fact creator and not created by govern- in violence. Of course that would hap- that people beat him up on the issue of ment. pen. When we put our fighting men and abortion. And Henry thought a minute So the Founders looked at the women, the best in the world, on the and he said, You know, as I get older English common law, at the English ground in greater and greater numbers, and I think of my own mortality, I declaration of rights of 1689, which of course they will bring some form of look forward to the time when I might specified the guaranteed right of the order. But let’s be realistic. This is not be entering those gates into heaven people to bear arms. sustainable. We cannot keep the same and the voices of all those young chil- Those who claim there is no indi- number of troops for very much longer. dren that we saved welcoming me vidual in the second amendment ignore We simply do not have the resources to there. the most basic feature of American do so, and our troops should not have They’re giving you a great welcome rights: Rights in this nation belong to such a task. right now, Henry. We miss you. individuals. The second amendment was included So, yes, they are temporarily keeping f in the Bill of Rights to prevent the a lid on the uprising and attacks. In SPECIAL ORDERS Federal Government from disarming fact, they’ve reached back to 2006 num- bers, which at that time appalled us, The SPEAKER pro tempore (Mr. the public like the British Army did to American citizens. The right of the free and it should not be something we cele- CUELLAR). Under the Speaker’s an- people to defend freedom and protect brate today. We are missing our ulti- nounced policy of January 18, 2007, and mate goal. Like the Chairman of the under a previous order of the House, themselves was so important that it was placed second in the Bill of Rights. Joint Chiefs said, the purpose of the the following Members will be recog- surge was political reconciliation. If nized for 5 minutes each. Thomas Jefferson knew the impor- tance of an armed citizenry. He said, the White House put even half of the f ‘‘No free man shall ever be debarred resources, political and fiscal, behind political reconciliation, we would be in THE SECOND AMENDMENT from the use of arms.’’ Samuel Adams wrote that ‘‘The Con- a much different place right now. We The SPEAKER pro tempore. Under a stitution shall never be construed to would have a stable and inclusive Iraqi previous order of the House, the gen- prevent the people of the United States national government, not one propped tleman from Texas (Mr. POE) is recog- who are peaceable citizens from keep- up by the United States. It would have nized for 5 minutes. ing their arms.’’ the support of the Iraqi people, and it Mr. POE. Mr. Speaker, the Supreme And of course James Madison, who would be providing strength and de- Court is considering Washington, DC’s helped write the Bill of Rights, once pendable security. That, Mr. Speaker, total handgun ban. It is illegal to buy, wrote that the Americans had ‘‘the ad- is not what we have. In fact, just last sell or own a handgun in this Nation’s vantage of being armed,’’ and that month, a new deal called the Declara- Capital of ours. Of course, DC has one other nations governments were tion of Principles was inked between of the highest homicide rates in the en- ‘‘afraid to trust the people with such President Bush and Prime Minister al- tire country. arms.’’ Maliki. It’s basically a blueprint to The center of this debate is a ques- So, Mr. Speaker, the second amend- keep our troops in Iraq indefinitely, tion that has never really been clearly ment is a personal right for individuals and it allows permanent bases. answered. What exactly does the sec- in this country, and the DC ban is a It may even provide for arming insur- ond amendment to our Constitution violation of the United States Con- gent security forces, which actually mean? Did the Framers intend to pro- stitution, specifically, the second looks like arming a militia. The last tect an individual right or provide for amendment to that Constitution. time we got into the business of arm- State militias? And that’s just the way it is. ing folks, we ended up with the The second amendment states, ‘‘A Taliban. Are we ever going to learn the well regulated militia being necessary f lesson not to repeat the mistakes of to the security of a free state, right of b 1815 the past? It will be interesting to see the people to keep and bear arms, shall how the two leaders will try to jam not be infringed.’’ THE SO-CALLED SURGE HAS this latest agreement down the throats Our Founding Fathers risked their FAILED of the Iraqi Parliament because the lives in the American revolution to The SPEAKER pro tempore. Under a Iraqi Parliament has clearly stated create our Nation. They distrusted gov- previous order of the House, the gentle- that they are not pleased with the ernment, especially a government that woman from California (Ms. WOOLSEY) agreement, to say the very least. Let’s wouldn’t trust its own citizens. is recognized for 5 minutes. take a good look at what’s going on: Our Founding Fathers knew the im- Ms. WOOLSEY. Mr. Speaker, as a The surge has failed. The new White portance of an armed citizenry from member of the Foreign Affairs Com- House agreement would keep our their experiences in the American War mittee, I was pleased to participate in troops in Iraq indefinitely. This is not of Independence. They trusted an a joint hearing that took testimony the road to success. This will not make armed citizenry and a citizen militia as from General Petraeus and Ambassador America safer. the best safeguard against the tyranny Crocker. It was supposed to be a turn- Mr. Speaker, it’s time for bold ac- of government. ing point in the occupation of Iraq. The tion. Our friends in the other Chamber To truly understand the meaning and purpose of this hearing was to get a re- and the resident down the road on purpose of the second amendment, we port from our military and diplomatic Pennsylvania Avenue need to face up

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14229 to reality. Let’s act boldly and fulfill broad spectrum of industries like Asian American Convenience Store Asso- our mandate. It’s time to end this mis- landscapers, tourism, seafood proc- ciation guided occupation. It’s time to bring essors and carnivals. Asian American Hotel Owners Association our troops home. At this time, I will enter into the Associated Builders and Contractors Associated General Contractors of America f RECORD a letter from the H–2B Work- Federation of Employers and Workers of The SPEAKER pro tempore (Mr. force Coalition in support of extending America CUELLAR). Under a previous order of the H–2B returning worker program. International Association of Amusement the House, the gentleman from Wash- WORKFORCE COALITION, Parks and Attractions November 19, 2007. Interlocking Concrete Pavement Institute ington (Mr. HASTINGS) is recognized for DEAR REPRESENTATIVE: As representatives International Franchise Association 5 minutes. of tens of thousands of seasonal employers National Club Association (Mr. HASTINGS of Washington ad- throughout the country, we urge you to sup- National Federation of Independent Busi- dressed the House. His remarks will ap- port H.R. 1843, the ‘‘Save Our Small and Sea- ness pear hereafter in the Extensions of Re- sonal Business Act of 2007.’’ National Restaurant Association marks.) This bipartisan bill would simply renew National Roofing Contractors Association the highly successful relief provision for the National Ski Areas Association f H–2B visa program that was initially ap- National Thoroughbred Racing Association The SPEAKER pro tempore. Under a proved by the Senate by 94–6 in 2005. This Outdoor Amusement Business Association previous order of the House, the gen- provision recognizes the reliability and Professional Landcare Network tleman from Oregon (Mr. DEFAZIO) is trustworthiness of past participants in the Tree Care Industry Association recognized for 5 minutes. H–2B program by exempting those temporary U.S. Chamber of Commerce seasonal workers who have participated fis- (Mr. DEFAZIO addressed the House. State and Regional Organizations: His remarks will appear hereafter in cal the H–2B visa program and have com- Alabama Forestry Association pletely followed the law during the past Alabama Hospitality Association the Extensions of Remarks.) three fiscal years from counting toward the Alabama Restaurant Association f statutory cap. Alaska Hotel & Lodging Association The congressionally mandated 66,000 an- Alaska Restaurant & Beverage Association H–2B RETURNING WORKER nual cap on the number of workers allowed Arizona Hotel & Lodging Association PROGRAM to participate in the program that was estab- Arizona Landscape Contractors Associa- The SPEAKER pro tempore. Under a lished in 1990 does not reflect current eco- tion previous order of the House, the gen- nomic realities or meet the needs of busi- Arkansas Forestry Association nesses which are seasonal or have peak load Arkansas Hospitality Association tleman from Michigan (Mr. STUPAK) is needs that rely on these workers. Associated Landscape Contractors of Colo- recognized for 5 minutes. Before employers can hire temporary sea- rado Mr. STUPAK. Mr. Speaker, I rise sonal workers under the program, they must Branson Lakes Area Lodging Association today in support of extending the H–2B advertise their job openings, work with local California Hotel & Lodging Association returning worker program this year. unemployment offices to identify potential California Ski Industry Association The H–2B visa program was created American workers and offer the positions to Chesapeake Bay Seafood Industries Asso- to provide access to nonimmigrant any qualified domestic applicants. The jobs ciation temporary workers for seasonal and these guest workers fill do not take jobs Colorado Association of Lawn Care Profes- away from Americans. It is not until em- sionals peak load needs when no American ployers have carried out this time con- Colorado Hotel & Lodging Association workers can be found. Foreign workers suming and expensive due diligence in trying Colorado Restaurant Association offer small and seasonal businesses to hire American workers that they are al- Commercial Flower Growers of Wisconsin short-term help and return to their lowed to petition the federal government for Delaware Restaurant Association home country at the end of the season. a labor certification and ultimately bring in East Hampton Chamber of Commerce H–2B visas are capped at 66,000 visas temporary workers—their final option to run Florida Forestry Association per year. Even with 66,000 visas a year, their seasonal businesses. Florida Restaurant and Lodging Associa- tion it still does not meet the labor needs of In fiscal year 2004, the statutory cap was reached on March 9—only six months into Georgia Hotel & Lodging Association seasonal businesses. To help fill these the fiscal year and before many summer em- Georgia Restaurant Association additional needs, Congress established ployers had an opportunity to apply for sea- Gulf Oyster Industry Council the H–2B returning worker program in sonal workers. As a result, many of these Hawaii Hotel & Lodging Association 2005. This program exempts returning businesses had to cancel events, operate at Hilton Head Island-Bluffton Chamber of workers who have received an H–2B partial capacity, not open parts of their busi- Commerce visa in one of the three previous fiscal nesses, or have their full-time staff work Hospitality Association of South Carolina overtime to the point of burnout. Hotel and Lodging Association of Greater years from counting against the 66,000 Kansas City cap. However, this program expired on Each subsequent year, the cap has been reached sooner as a result of the increased Idaho Nursery & Landscape Association September 30. need for seasonal workers and an increasing Indiana Hotel & Lodging Association On September 27, 4 days before the labor shortage. The cap for the first half of Illinois Hotel and Lodging Association season even started, the U.S. Citizen- fiscal year 2008 was reached on September Illinois Landscape Contractors Association ship and Immigration Service had al- 27—3 days before the fiscal year even began. Iowa Lodging Association ready received enough visa petitions to Without immediate action by Congress, Iowa Restaurant Association widespread economic consequences will se- Kentucky Hotel & Lodging Association exceed the cap for H–2B visas for the Kentucky Nursery & Landscape Associa- first half of fiscal year 2008. The appli- verely impact diverse economic sectors throughout the country including lodging, tion cation process for the second half of restaurants, landscaping, clubs, amusement Kentucky Restaurant Association fiscal year 2008 began on December 3, parks, ski resorts, food processing, stone, Kentucky Turfgrass Council two days ago. travel and tourism, horse sports, construc- Landscape Contractors Association MD- Without extending the returning tion, entertainment, hospitality, recreation DC-VA worker program, it’s expected that the and many other seasonal industries. Lawns of Wisconsin Network visas will go quickly, leaving many On behalf of thousands of small businesses Long Island Hotel and Lodging Association and seasonal employers throughout the Long Island Convention and Visitors Bu- businesses without the workers they reau need to fulfill their business needs. country, we urge you to support H.R. 1843 and secure its immediate passage. Maine Campground Owners Association This demand highlights the immediate Sincerely, Maine Innkeepers Association need for Congress to extend the H–2B National Organizations: Maine Merchants Association returning worker program to help American Forest & Paper Association Maine Restaurant Association small and seasonal businesses fill their American Horse Council Maine Tourism Association seasonal labor needs and keep full-time American Hotel & Lodging Association Maryland Hotel & Lodging Association Americans and their businesses work- American Immigration Lawyers Associa- Massachusetts Lodging Association tion Massachusetts Nursery & Landscape Asso- ing. American Nursery and Landscape Associa- ciation These returning workers have pro- tion Massachusetts Restaurant Association vided relief to small businesses American Rental Association Metro Atlanta Landscape & Turf Associa- throughout the Nation, covering a American Trucking Associations tion

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14230 CONGRESSIONAL RECORD — HOUSE December 5, 2007 Michigan Green Industry Association Wisconsin Green Industry Federation Arvest Bank, Missouri Michigan Hotel, Motel & Resort Associa- Wisconsin Innkeepers Association Aspen Corporation, West Virginia tion Wisconsin Landscape Contractors Associa- Aspen Grove Landscape Company, Mary- Michigan Nursery & Landscape Associa- tion land tion Wisconsin Nursery Association Aspen Lawn Care, Kansas Michigan Restaurant Association Wisconsin Restaurant Association Aspen Skiing Company, Colorado Mid-America Green Industry Council Wisconsin Sod Producers Association Atlantic Plants, New Jersey Minnesota Nursery & Landscape Associa- Wyoming Lodging and Restaurant Associa- Diamond Landscapes, Kentucky tion tion Dinneen Landscaping, Massachusetts Minnesota Restaurant Association Businesses: DMB-Highlands Group LLC, California Missouri Restaurant Association 360 Degree Realty, Illinois Doctor’s Inc., Kansas Montana Innkeepers Association 4T Total Lawn, Kansas Doctors ‘‘At the Lake’’ Inc, Kansas Montauk Chamber of Commerce A–1 Chipseal Co., Colorado Doctor’s Lawn & Landscape, Kansas Myrtle Beach Area Hospitality Association A & A Construction Company, Texas Dom’s Landscaping, New York Nebraska Hotel & Motel Association A To Z Lawn and Landscaping, Ohio Don CeSar Beach Resort, Florida Nevada Hotel & Lodging Association A.E. Phillips & Son, Maryland Duke’s Tree Landscape Management, New Nevada Landscape Association A & M Underground Irrigation Systems, Jersey New England Apple Council South Dakota Dominguez Racing Stables, New Mexico New Hampshire Lodging & Restaurant As- A Cut Above Landscape Management, Double A Contracting, Texas sociation Georgia Double JJ Concrete, Colorado New Jersey Green Industry Council A Perfect Landscape, Colorado Dove Creek Quarries, Utah New Jersey Hotel & Lodging Association A.S.T. Landscape Services, Texas Dowco Enterprises, Missouri New Jersey Irrigation Association A Yard & A Half Landscaping, Massachu- Driftwood, New York New Jersey Landscape Contractors Asso- setts Dune Management, New York ciation A Wave Inn, New York Duryea’s Lobster Deck, New York New Jersey Nursery & Landscape Associa- AA Tex-Lawn, North Carolina Dusty Lout Agri Service, Texas tion AAA Landscape, Arizona Dwyer Designscapes. Kentucky New York State Hospitality and Tourism Abernethy & Spencer Greenhouses, Vir- E.A. Quinn Landscape Contracting, Con- Association ginia necticut New York State Lawn Care Association Absolute Landscaping Inc., New Jersey E.L. Irrigation & Landscaping, Texas New York State Restaurant Association Acacia Digging & Transplanting Services, Eagle Crest Nursery, Colorado New York State Turf & Landscape Associa- Texas East Deck Motel, New York tion Academy Sports Turf, Colorado East Hampton House, New York New York Thoroughbred Horsemen’s Asso- Ace Landscaping Corporation, Washington East West Resorts, Colorado ciation Ackerson Landscape, Missouri Eastgate Sod, Ohio North Carolina Nursery & Landscape Asso- Acres Group, Illinois Eastern Land Management, Connecticut ciation Adams Landscaping, New York Eastern Shipbuilding Group, Florida North Carolina Restaurant and Lodging Adventure Bound Camping Resorts, New Eco-Cutters, Colorado Association Hampshire ECO Specialty Systems, Missouri North Dakota Hospitality Association Affordable Lawn Sprinklers & Lighting, Econo Lodge, Fayetteville, North Carolina Northern Colorado Stone Quarriers Asso- Virginia Econo Lodge, Flagstaff, Arizona ciation Airporter Inn, California Econo Lodge, West Springfield, Massachu- Ohio Hotel & Lodging Association Akala, Florida setts Ohio Landscape Association Al Allentuck Landscaping, Maryland ECOSystems Landscape Service, Texas Ohio Nursery & Landscape Association Alder Springs Enterprises, Maryland Ed Castro Landscape, Georgia Ohio Restaurant Association All Around Concrete Cutting, Louisiana Edmundson Inc, Colorado Oklahoma Greenhouse Growers Associa- All Around Concrete Demolition, Lou- El Jarrito Restaurants, Texas tion isiana The Elevation Hotel and Spa, Colorado Oklahoma Hotel and Lodging Association All Pro Landscaping of Tallahassee, Flor- Elite Lawn & Landscape, Ohio Oklahoma Nursery & Landscape Associa- ida Elite Lawn & Landscape, Tennessee tion Allin Companies, Pennsylvania Elite Professional Lawn & Landscaping, Oklahoma Restaurant Association Allen’s Landscaping and Maintenance, Vir- Texas Oregon Landscape Contractors Association ginia Ellis Cement Contracting, Ohio Oregon Lodging Association Almeda Wholesale Nursery, Colorado Embassy Lawn & Landscaping Group, Mis- Oregon Restaurant Association Alpine Meadows Ski Resort, California souri Pennsylvania Landscape & Nursery Asso- Amberscapes, Texas Emerald Lawn Care & Landscaping, Kansas ciation Amelia Island Plantation, Florida The Enchantment Resort & Spa, Arizona Pennsylvania Restaurant Association American Beauty Landscaping, Ohio Enviroscapes, Ohio Pennsylvania Tourism & Lodging Associa- American Landscape, Wisconsin Epic Landscape Production, Kansas tion America’s Best Inn, Vicksburg, Mississippi Equibrand Products Group, Texas Restaurant Association of Maryland America’s Catch, Mississippi Estate Landscape & Irrigation, California Rhode Island Hospitality & Tourism Asso- Ameriworks Global, Louisiana Evening Shade Lawn Care, New Jersey ciation Anchor Retaining Wall Systems, Texas Evergreen Gene’s, Maryland South Carolina Forestry Association Anewalt’s Landscape Contracting, Penn- Evergreen of Johnson City, Tennessee South Texas Nursery Growers Association sylvania Executive Moving Systems, Virginia Southern Innkeepers Association Angel Inn of Branson, Missouri F. Espinoza Landscaping, Illinois Southampton Chamber of Commerce Ann Breyer’s Cottages, New York Fairfax Golf, Oklahoma Tennessee Hotel & Lodging Association Aplin Masonry of Telluride, Colorado The Fairmont Hotel, Texas Tennessee Restaurant Association Apgar Turf Farm, Delaware Fairway Landscape & Nursery, Texas Texas Forestry Association Aqua Barrier Exterior Waterproofing, Ten- Falcon Executive Inn, Texas Texas Horsemen’s Partnership nessee Falfurrias Executive Inn, Texas Texas Hotel & Lodging Association Aqua-Lawn, Connecticut Farmside Landscape & Design, New Jersey Texas Nursery & Landscape Association Arapahoe Acres Nursery & Landscaping, Felipe’s Lawncare, Oklahoma Texas Restaurant Association Colorado Fieldworks Landscape, Massachusetts Utah Hotel & Lodging Association Arapahoe Horticulture, Colorado Florasearch, Florida Vermont Ski Areas Association Architectural Paving Systems, Oklahoma Florida Lawns, Florida Virginia Green Industry Council Aqualawn, Ohio The Fockele Garden Company, Georgia Virginia Hospitality and Travel Associa- ArborLawn, Michigan Focal Pointe Outdoor Solutions, Illinois tion Architerra, Illinois Fort Pond Lodge, New York Virginia Nursery & Landscape Association Armstrong Landscape & Design Group, Frank’s Used Tank & Heaters, Texas Washington Association of Landscape Pro- Texas Frank Sharum Landscape Design, Arkan- fessionals Arrowhead Resort, Michigan sas Washington State Hotel & Lodging Asso- Arteka Companies, Minnesota Franz Witte Landscape Contracting, Idaho ciation ArtisTree, Florida Franzen Farms, Texas Washington State Nursery & Landscape Artistree Nursery & Landscape Design, Fred Adams Paving Co, North Carolina Association Florida Front Range Snow & Ice, Colorado West Virginia Hospitality & Travel Asso- Artistic Designs Lawn & Landscape, Kan- Frontier Landscaping, Washington ciation sas Fullmer’s Landscaping, Ohio

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14231 G.W. Hall & Son, Maryland Mainscape, North Carolina every State in the union supporting Gachina Landscape Management, Cali- Mandoki Hospitality Group, Alabama this H–2B returning worker program. fornia Mango Design, Utah H–2B workers offer short-term help. Mark Kuppe & Associates, Michigan Gallegos Corporation, Colorado They cannot and do not stay in the Gangemi Landscaping, New Jersey Mariani Landscape, Illinois Garden Gate Landscaping, Maryland Marriott International, Inc. United States. More importantly, the The Garden Greenhouse & Nursery, New Martin Associates, Illinois H–2B program contains strong provi- Jersey Martin Property Maintenance, Texas sions to ensure American workers have The Garden of Gethsemane Nursery & Marvin Windows and Doors, Minnesota the first right to work. Landscaping, Texas Massengale Grounds Management, Lou- Without an extension of the return- Garden State Irrigation, New Jersey isiana Mauer Landscapes, Ohio ing worker program, small and sea- Gardeners’ Guild, California sonal businesses will face significant Gardens Beautiful Garden Centers, Wis- McCarthy’s Landscaping & Irrigation, Mas- consin sachusetts labor shortages this year. If small busi- Garner’s Northwest, Washington McFall & Berry Landscape Mgt, Maryland nesses lose their ability to hire sea- Garrick-Santo Landscape, Massachusetts MCL, LLC, Virginia sonal, nonimmigrant labor, full-time Gateway National Golf Links, Illinois McGinty Bros., Inc. Lawn & Tree Care, Illi- American jobs are at stake and may be Gatlinburg Sky Lift, Tennessee nois lost. GDK Leasing Inc., Florida McKenna Construction, New York f Gear Garden Center, Ohio Metco Landscape, Colorado Geissler Tree Farms, Pennsylvania Meticulous Landscaping, New Jersey The SPEAKER pro tempore. Under a Metivier Inn, Michigan GEL Inc, Utah previous order of the House, the gen- Michael Bellantoni, Inc., New York Genesis Lawn & Landscape Management, Michigan Peddler, Michigan tleman from Indiana (Mr. BURTON) is Arkansas Michigan Vacation Rentals, Michigan recognized for 5 minutes. Gentle Giant Moving Co., Massachusetts Mickey’s Carting, New York (Mr. BURTON of Indiana addressed Giambrocco Greenhouses, Colorado Microtel Inn & Suites, Dixon, California the House. His remarks will appear Ginkgo Landscape Group, Illinois Midwest Landscapes, Minnesota GLV Construction, New York hereafter in the Extensions of Re- Milberger’s Landscaping, Texas marks.) The Good Earth Construction, Arkansas Mike Ward Landscaping, Ohio Good Labor, Alabama Milieu Design, Illinois f Goodwin Proturf, Kansas Miller Landscape, Georgia The SPEAKER pro tempore. Under a Gosman’s Culloden House, New York Mission Point Resort, Michigan previous order of the House, the gentle- Gosman’s Restaurant, New York Mohonk Mountain House, New York Gothic Grounds Management, California woman from California (Ms. WATSON) is Molenaar Greenhouse, Pennsylvania recognized for 5 minutes. GPS Enterprises, Texas Montauk Bake Shoppe, New York Graham & Rollins, Virginia Montauk Bike Shop, New York (Ms. WATSON addressed the House. Grand Hotel, Michigan Montauk Carriage House, New York Her remarks will appear hereafter in The Grand Lodge Crested Butte, Colorado Montauk Clothing Co., New York the Extensions of Remarks.) Grand Marais Hotel Company, Minnesota Montauk IGA, New York f Grand Oaks Hotel, Missouri Montauk Inlet Seafood, New York Grand Teton Lodge Company, Wyoming Montauk Lighthouse Laundromat, New GOLD, SILVER, COPPER AND THE Grand Traverse Resort and Spa, Michigan York PERU FREE TRADE AGREEMENT GrandScapes, Michigan Montauk Manor, New York Grandscapes Landscape & Design, New Jer- Montauk Motel, New York The SPEAKER pro tempore. Under a sey Montauk Soundview, New York previous order of the House, the gentle- Lighthouse Inn, Massachusetts Montauk Sweatshirt Co., New York woman from Ohio (Ms. KAPTUR) is rec- Lilac Tree Hotel & Spa, Michigan Montauk Taxi, New York ognized for 5 minutes. Lindy’s Seafood Inc., Maryland Montauk Yacht Club, New York Ms. KAPTUR. Mr. Speaker, I wish to Lindy’s Taxi, New York Moon Nurseries of Maryland review a recent vote that was held here Lipinski Landscape & Irrigation, New Jer- Moon Site Management, Pennsylvania sey Moore Landscapes, Illinois in this Congress regarding the so-called Lipinski Snow Services, New Jersey Morin’s Landscaping & Lawn Maintenance, Peru Free Trade Agreement, and to en- The Little Nell, Colorado New Hampshire courage the American people to read Live Oak Landscape Contractors, New Jer- Morin’s Landscaping, New Hampshire the fine print and to pay attention to sey Morton’s Landscape Development Com- the connection between that Peru vote Living Water Landscaping & Irrigation, pany, Ohio and the value of the U.S. dollar and New Mexico Mortellaro’s Nursery, Texas some hidden forces that may have been LMC, Texas Motivatit Seafoods, Louisiana LMI Landscapes, Colorado Mount Washington Resort, New Hampshire responsible for bringing that vote on LMI Landscapes, Florida Moyer Home Turf Advantage, Pennsyl- Peru to the forefront now. Because peo- LMI Landscapes, Texas vania ple in my district were saying, why LMS Guam, Guam MPS LLC, Louisiana vote on Peru now? Why vote on an- The Lodge at Mountaineer Square, Colo- MTK Cafe, New York other NAFTA-like accord on trade rado Murdick’s Fudge, Michigan when our balance of trade is so seri- The Lodge of Four Seasons, Missouri Myer Hotels, Missouri ously out of whack? Let me mention Loews Ventana Canyon Resort, Arizona Myers Family Enterprises, North Carolina Longhorn Landscape Lighting & Holiday Naples Beach Hotel & Golf Club, Florida for the RECORD, and I will place these Decor, Texas National Filter Service, Virginia articles in the RECORD this evening; Lonnett Lawn & Landscape Maintenance Native Land Design, Texas Peru is the world’s third largest pro- Service, Pennsylvania Natorp’s, Ohio ducer of copper, zinc and tin. It is the Loon Mountain, New Hampshire Nature View Landscape, New Jersey biggest producer of silver, and is the Loyet Landscape Maintenance, Missouri Nature Works Landscapes, Massachusetts fifth largest producer of gold. In fact, LSW Show Horses, Vermont Naturescape, Ohio Naylor Landscape Management, Michigan Peru has the largest gold mine in this LT Rental Services, New York hemisphere owned by an American Luciano & Son, Massachusetts NB Enterprises, Texas Lueders Environmental, Massachusetts NCN, Inc, Washington company. Lynch Landscaping, Maine Neave Landscaping, New York Many workers in the mines in Peru Lyons Sandstone, Colorado NETAJI, LLC, Georgia went on strike. Over 6,300 workers took M. Atkins Inc, Colorado New Castle Hotels & Resorts their lives in their hands the Monday M & M Mowing, Colorado Newcon Inc, North Carolina before the vote trying to send a mes- Madison Planting & Design Group, Mis- Newcrest Management, Texas The Newport Harbor Hotel & Marina, sage to the people of the United States sissippi and this Congress that they are treated Magic Gardens Landscape Contractors, Rhode Island Newport Village Homeowners Association, unfairly, the wages they earn, condi- New Jersey Oklahoma Magma Industrial Co, Georgia tions under which they work, their Newton Construction, Texas Magnolia Landscaping, New Jersey ability to share in profits, the ability Maid to Clean, Michigan This letter is signed by over 1,300 or- to have decent pensions; all of those Main Street Inn & Suites, Michigan ganizations and small businesses from were very important issues. Their

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14232 CONGRESSIONAL RECORD — HOUSE December 5, 2007 voices were hardly heard. It does not ten to those who are the least among The Labor Ministry attributed workers’ mean that they were not speaking us and speak truth to power. surrender to the fact that the strike had truth to power; it means that certain I place all these articles in the been declared illegal and that workers had been told they could lose their jobs if they ears here in Washington may have been RECORD this evening. left their workplaces for more than three closed, but they still spoke to us. PERU TO DECLARE MINES STRIKE ILLEGAL, days. Mr. Speaker, the dollar continues its PINILLA SAYS Peru’s Labor Minister, Susana Pinilla an- downward spiral. In fact, we know the (By Alex Emery) nounced on Monday that Peru’s National value of our dollar has fallen by nearly Nov. 6 (Bloomberg).—Peru’s government Federation of Mining, Metallurgy and Steel a quarter against a trade-weighted bas- will declare a two-day national mining Workers had not formally filed any com- ket of currencies. And while that dollar strike illegal today, forcing miners to return plaints and that there weren’t any issues is falling, other commodities in the to work or lose their jobs, Labor Minister which had to be resolved. She added that market are growing in value. And Susana Pinilla said. strikes and protests were rights workers had when there were formal requests pending. guess what those are. Metals. Metals The strike, which seeks to pressure compa- nies to improve pensions, profit-sharing and Pinilla clarified that Peru’s Labor Min- are constituting a very large share of rights for subcontracted workers, is ‘‘politi- istry had not received any formal complaints where people are moving assets because cally motivated,’’ Pinilla told Lima-based and would therefore consider the strike ille- the dollar is losing its value. In fact, CPN Radio. gal. She suggested that workers find better the U.S. Mint just directed that the ‘‘Union leaders have a different stance that ways to negotiate their demands. American people aren’t supposed to be has nothing to do with worker vindication,’’ Minera Yanacocha. Latin America’s larg- melting down pennies for the copper Pinilla said. ‘‘They have led workers into an est gold mine, run by reported that the 109 content in them. illegal strike where they could lose their workers, which had taken part in the strike, The Economist pointed out that in jobs.’’ had returned to work. This was also the case Strikes this year, including a five-day na- in mining companies such as Chungar, 2002 the euro was worth 86 cents; today, tional walkout by Peruvian miners in May, Morococha and Sociedad Minera El Brocal. it buys $1.48. We know our credit mar- have cut copper output in Peru, Chile and According to the Mining Federation, work- kets are troubled. Credit Suisse pre- Mexico, helping to spur a 17 percent rally in ers from Casapalca had also abandoned the dicted that gold would top $1,000 an the price of the metal. Peru is the world’s strike and returned to work. Pinilla stated ounce by 2012. There are big interests third-largest producer of copper, zinc and that the strike had not had a significant im- at stake in deals like this deal that was tin, the biggest of silver and fifth-largest of pact on mining production, explaining that just passed in this House for Peru, and gold. just over 5 percent (6,300) of workers had The stoppage in Peru has affected mines taken part in the strike. gold and silver and copper have a lot to owned by companies including Southern Cop- do with it. per Corp., Freeport-McMoRan Copper & Gold f In an article entitled, ‘‘Miner Play- Inc., Newmont Mining Corp. and Doe Run The SPEAKER pro tempore. Under a er’’ last month in the Economist, it re- Resources Corp. previous order of the House, the gen- ported, ‘‘The net profits of mining com- Workers also are on strike at mines run by tleman from North Carolina (Mr. panies rose from $4 billion in 2002 to $67 Cia. De Minas Buenaventura SA, tin miner JONES) is recognized for 5 minutes. billion in 2006.’’ They’re doing very Minsur SA, Shougang Hierroperu’s iron mine (Mr. JONES of North Carolina ad- well, thank you, but they are not shar- and zinc producers Cia. Minera Raura SA and dressed the House. His remarks will ap- ing in that extraordinary increase in Cia. Minera Santa Luisa, according to Min- ing Federation spokesman Cirilo pear hereafter in the Extensions of Re- wealth with their own citizens. In fact, Yarihuaman. marks.) the export of these precious metals ac- TALKS PLANNED f counts for over half of Peru’s export Southern Copper’s Peruvian mines, where b 1830 earnings, over half from mines owned 20 percent of workers went on strike, don’t by companies in this country. Are you expect production losses, parent Grupo Mex- HONORING THE LIFE OF SALLY beginning to get the picture? ico said in a filing to the Mexican Stock Ex- SMITH, FOUNDER OF THE LAB The overall profitability of these change. SCHOOL IN WASHINGTON, D.C. concerns, which was negative in 1998, is National metals output hasn’t been cut now four times the 7 percent average of and only 6,300 workers, or 5.3 percent of The SPEAKER pro tempore. Under a growth for the top 500 companies, and Peru’s miners, are on strike, Pinilla said. previous order of the House, the gen- the dominant U.S. import from Peru The Mining Federation put the number at tleman from Florida (Mr. MEEK) is rec- 45,000. is? Gold, constituting 24 percent of ognized for 5 minutes. Union leaders planned to hold talks with Mr. MEEK of Florida. Mr. Speaker, their exports in 2006. Cabinet chief Jorge del Castillo and the So, when the miners of Peru, who president of Congress, Luis Gonzales Posada, with great sadness, I come to the floor work under godforsaken, horrendous to pass laws granting miners a 10 percent today to honor a great American by conditions, tried to get our attention, share of profits, up from the current 8 per- the name of Sally Smith who passed this Congress turned its back. You cent, and eight-hour shifts instead of the 12 away just days ago. hardly heard anything in the debate, hours imposed at many mines, Yarihuaman Sally Smith, during her time here but they were standing tall in their vil- said. amongst us, was a great American and The federation, which represents 70 unions left a footprint on this country in the lages all across Peru. In fact, what’s and 28,000 miners, also wants 85,000 subcon- happening to the peasants in Peru is tracted workers put on company payrolls. area of education like no other in the they’re being shoved off their land be- Copper futures for December delivery rose past. cause there might be gold underneath 3.95 cents, or 1.2 percent, to $3.3415 a pound Sally Smith ran and actually founded it. And they’re crying out to us. Will on the Comex division of the New York Mer- with her husband the Lab School of anyone, for heaven’s sake, will anyone cantile Exchange. Zinc rose $95, or 3.5 per- Washington. And for someone who has here in this country hear them? cent, to $2,820 a metric ton in London trad- been not only involved in the Lab The article that was published on ing, and tin rose $345, or 2.1 percent, to School, but has a daughter that at- $17,095 a ton. tends the Lab School, I had an oppor- Monday before the vote indicated that Silver for December delivery rose 59.5 Peru’s Labor Ministry ordered the min- cents, or 4 percent, to $15.38 an ounce. Gold tunity to learn more about Mrs. Sally ers to go back to work or they would for December delivery rose $12.60, or 1.6 per- Smith and what she did in the very lose their jobs. And we were told that, cent, to $823.40 an ounce. early days at the Washington Lab oh, don’t worry about the vote on Peru ‘‘The strike in Latin America is quite sup- School. because labor conditions in Peru are portive to prices,’’ Dan Smith, an analyst at Mrs. Smith and the faculty at the just terrific. Well, the article that Standard Chartered Plc in London, said Lab School have done an excellent job came out from Bloomberg News Serv- today by phone. in protecting and nurturing all of the young people with learning differences ice on November 6 indicated that, in PROTESTERS RETURN TO WORK AND END fact, the government had declared the NATIONAL MINING STRIKE IN PERU at the Lab School, here in Washington mining strike illegal. Peru’s Labor Ministry announced today and in Baltimore. We weren’t listening to them. It’s that mining workers had returned to work On Saturday, December 1, 2007, Mrs. really tragic that when an agreement and ended the strike they began on Monday, Smith died at the age of 78. Born on comes before us like this, we do not lis- November 5. May 7, 1929, Mrs. Smith was a native of

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14233 New York City and one of four daugh- We will miss Mrs. Smith, but we Now, it’s not that it is cutting those ters born to Isaac and Bertha know that her legacy and memory will jobs in the United States and simply Liberman. She graduated in 1950 from continue. lowering its production worldwide. Bennington College and earned a mas- f What it is doing is cutting jobs in ter’s degree in education from New The SPEAKER pro tempore (Mr. America in order to make more com- York University in 1955. CUELLAR). Under a previous order of petitive changes to the company and In 1976, Mrs. Smith became a pro- the House, the gentleman from Arizona have those jobs overseas. This is a significant thing that we on fessor in the School of Education at (Mr. FLAKE) is recognized for 5 min- the Republican side have been talking American University, where she led the utes. about for the last several years. It is master’s degree program specializing (Mr. FLAKE addressed the House. His time for us as a Nation to fight the in learning disabilities. remarks will appear hereafter in the economic fight that we are faced with. Tonight, I ask Members of Congress Extensions of Remarks.) to join me in honoring her life and the We cannot continue to ignore what f gifts that she bestowed upon the world other nations are doing and what our of education. Mrs. Smith’s empathy, ENERGY INDEPENDENCE FOR energy costs are or we are going to experience, and creative expression AMERICA continue to see headlines like this prompted her to create the inter- The SPEAKER pro tempore. Under today with Dow Chemical cutting jobs nationally acclaimed Lab School in the Speaker’s announced policy of Jan- and closing plants. Now, we had a precursor to this ear- Washington, D.C. in 1967. uary 18, 2007, the gentleman from New lier this year. Dow Chemical an- The Lab School is one of the Nation’s Mexico (Mr. PEARCE) is recognized for nounced that it was going to build a premier places for students with learn- 60 minutes as the designee of the mi- plant in Saudi Arabia that cost $22 bil- ing disabilities and an institution that nority leader. lion, an investment that large in Saudi uses arts as a central component to the Mr. PEARCE. Mr. Speaker, I would Arabia, and meanwhile they are going school’s education process. In fact, the like to address the body tonight about to also start in China another plant for Lab School students spend half of the what we are facing in this country as approximately $8 billion, and they day in highly specialized, individual- we experience higher gasoline prices, ized classrooms and offer the other half knew at that point that they would higher energy prices. Today there is an begin this transfer of jobs. in the arts. article that I will submit for the Inspired by her pursuit to assure that Now, we have to ask ourselves is it RECORD today: Dow Chemical an- because Dow Chemical is just a bad her youngest son received a quality nounced it is going to cut jobs and education, Mrs. Smith created a school corporate partner? Maybe they are just close plants in the United States. after corporate greed. They’re going to designed to educate students diagnosed DOW CHEMICAL TO CUT JOBS AND CLOSE with one or more learning disabilities. make profits at the expense of the PLANTS United States, because that’s what we Relying on her intuition and cre- (By Bob Sechler and Ana Campoy) have heard. We have heard on the ativity, Mrs. Smith developed the DEC. 5.—Dow Chemical Co. plans to cut House floor that corporations are evil, ‘‘academic method,’’ which serves as 1,000 jobs and shutter a number of underper- that they don’t have the interests of the core of the Lab School’s cur- forming plants, saying it will put the savings the country at heart. riculum. The academic method is a into higher-growth opportunities. As we look at it a little bit closer, we nontraditional academic approach The job cuts constitute about 2.3% of Dow’s estimated 42,500 employees. The chem- recognize that in the United States founded on the belief that a child’s fu- just today the prices for natural gas ture to learn means that the teacher ical company expects to incur a fourth-quar- ter charge of $500 million to $600 million, in- are quoted at above the $8 range. We has not yet found a way to help him. have at the same point, and natural Not only did her academic method cluding costs for severance and asset write- downs. gas is a very key component of Dow lead to her youngest son’s academic The effort ‘‘reflects our commitment to Chemical’s products; in other words, and professional success, but it has prune businesses that are not delivering ap- about 50 percent of their costs, if I am also left behind a gift that has enriched propriate value and tackle tasks more effi- not mistaken, come from their raw ma- the lives of so many. Her great legacy ciently across the entire organization,’’ terial costs, of which natural gas is the will continue to live through the suc- Chief Executive Andrew N. Liveris said in a statement. key component. So there is a direct cess of the current students and adults correlation between the price of nat- that attend the Lab School of Wash- Dow Chemical, based in Midland, Mich., has been struggling with higher prices for ural gas and jobs in this country. Now, ington, D.C., Baltimore, and Philadel- natural gas and oil, the main feedstock for when we are paying above $8 for nat- phia. In addition, her excellence will chemicals, and lower prices for commodity ural gas, what are they paying in Saudi live on through her literary works, chemicals, or the basic building blocks for Arabia? In Saudi Arabia the price is many of which have earned her rec- more complex chemicals. Basic chemicals today about 75 cents. So almost one ognition. account for about 50% of the company’s rev- tenth, one tenth the cost for 50 percent Mrs. Smith was well accomplished in enue. To reduce its costs, the company has been of their raw materials in Saudi Arabia academia and also accomplished in versus here. awards, advisory board appointments, actively moving its commodity-chemical production to places like Asia and the Mid- Now, you don’t have to be schooled in and was even highlighted by NBC’s dle East, where raw materials are cheaper. It economics. You simply have to under- Today Show. has also worked with local companies in stand that you are not going to Wal- Mr. Speaker, I think it’s important those regions to reduce the amount of money Mart and pay ten times the cost for that the Members understand that it has to invest. something you buy when you could go there are many Americans, including The company also is trying to expand its down the street and get it somewhere myself and including many others, that specialty-chemical business, which is more else. You go to buy and get the best profitable and less exposed to the ups and have been honored by the Lab School deal. Companies have to have the same of Washington. Those of us that have downs of energy markets. Dow has been widely expected to unveil a major joint ven- incentive. If Dow Chemical stays here learning disabilities, auditory proc- ture or acquisition that would reduce its de- and pays ten times more, ultimately essing, dyslexia, what have you, Mrs. pendence on low-margin commodity chemi- they become noncompetitive in the Smith gave young people the inspira- cals. world. Someone else will set up the tion and adults the inspiration to pur- The company pegged the annual savings plant in Saudi Arabia with one tenth sue beyond their disabilities. Those from the moves at $180 million once com- the cost of raw materials, and the jobs have been honored by the Lab School plete. will come away from Dow Chemical because Sally was a part of lifting the Among the moves announced yesterday, and go to another plant. So all that hopes and the dreams not only of the Dow said it will exit the auto-sealers busi- ness in North America, Asia Pacific and Dow Chemical is doing is saying we students but the parents, people like Latin America, and explore options for the have competitive forces that cause us Magic Johnson, James Earl Jones, and business in Europe. The company will close to consider this move. also Danny Glover and Charles Schwab an agricultural-sciences manufacturing We have done nothing in this Con- have been honored by the Lab School. plant in Lauterbourg, France. gress to dispel those costs, to drive

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14234 CONGRESSIONAL RECORD — HOUSE December 5, 2007 those costs lower. And, in fact, it is they are obviously doing things that how they are going to be paying their this Congress that is mandating the are harmful. gas bills as the cold winter sets upon switch nationwide from coal produc- I would say that the harmful effects us, as natural gas prices go up, of how tion, coal-produced energy, to natural are not to be found. The harmful ef- they will be paying their automobile gas-produced energy. Now, that’s fine fects are not there. They’re not docu- costs as gasoline prices go up, as we except you must realize when we drive mented. The oil companies are simply look at such things as jobs such as that demand up as a regulatory agen- price takers. Exxon cannot set the chemical industry as was just outlined cy, as a government, that we drive the price of oil worldwide. They simply by my friend from New Mexico, it is ex- demand up and we say you are going to take the price that’s offered to them. tremely important that as Congress convert for clean air purposes from They have a large production. They are looks at facing an energy bill this week coal to natural gas, you have a great making quite a bit of money, but they that we note not only what is in there increase in demand. It is simply a sup- have also got a large investment in the but what we expect is not in the bill. ply and demand problem. So we have offshore rigs. They have got a large in- And unless we take on a comprehensive the outcome today. We are seeing Dow vestment in onshore production, large energy policy in America, America will Chemical ship jobs overseas. transportation costs. Their costs are be facing more brownouts, more times Now, we have to then look at what about the same as any company world- when the power is not there. And in a the Congress is doing. Speaker PELOSI wide. But we are not taxing worldwide world where other countries, such as announced very early on that it was companies in each of the energy bills; China, are opening up a new coal-fired her desire to make this country inde- we are only taxing American compa- power plant every couple of weeks pendent of foreign companies. I will nies. And we have to ask ourselves without the scrubbers and environ- tell you that what we are finding now, why. Why are we driving the price of mental controls we have on, they will we see this particular chart, and this is natural gas up, sending jobs overseas, be able to undercut us even further with our costs of manufacturing. Un- for the summer of 2007 and moving for- and why are we taxing American com- less Congress takes sizable action to ward, we see the predictions that we panies and not taxing Hugo Chavez? back up energy legislation that looks have a 23 percent estimated increase in These are the questions that we are to the big picture of diversifying our prices in the northwestern part of the here tonight to talk about as we move energy production and help to lower country; in the middle regions about 30 very close to a discussion of what costs for consumers, our problems will percent increase; 19 percent on the might be in the energy bill when we eastern seaboard; in Florida we are see- only multiply. close this week. We were told at the be- Now, I represent a district in Penn- ing 21 percent; Texas, 32 percent; Cali- ginning of the week we will have an en- sylvania coal country, directly above fornia, 29 percent. Now, when you are ergy bill this week; yet we have not the Pittsburgh coal seam. It extends seeing increasing prices, you would say seen it on our side. We have said that throughout western Pennsylvania, that we as consumers are not seeing we are going to discuss it. Tomorrow is Ohio, and West Virginia. Some geolo- this energy independence. If we are, it’s the last day of business for the week, gists tell me that the Pittsburgh coal not a helpful thing to us, that, in fact, to my knowledge, and yet we still don’t seam has been the most valuable min- it is somewhat hurtful when we see en- have a printed copy, we on the Repub- eral deposit in the world. It was re- ergy prices and our home heating in- lican side, and I don’t think many sponsible for the growth of the Amer- crease by that much. We are told these Democrats have seen a written bill. ican steel industry, glass, chemical in- are the forecasts right now, so we are But we do have in front of us what has dustry, it has some 50,000 jobs in south- seeing the effects not only in jobs but been done earlier this year. western Pennsylvania dependent on the also everyday costs. I am joined tonight by a colleague coal industry, railroads, barges, truck- We have passed two bills, one back in from Pennsylvania, a classmate of ing, so many other industries involved. January, H.R. 6, and then we also mine, Congressman TIM MURPHY. He It allowed for the development of mod- passed H.R. 3221, and those were to deal has concerns also about the direction ern railroads, river navigation net- with the problem of higher prices, and that we are taking the energy policy in works. It remains a valuable resource yet they still have not come back from this country. We are facing worldwide that will be able to serve us for many the Senate. We still don’t have an competition, increasing pressure from years to come, perhaps 250 more years, agreement. And I will say that in the the large states of China, India, the long after the Mideast is dry in its oil early stages, the things that we saw other competitive nations in the world, wells. pass off this House floor were actually and at a time when we should be all Closing the mines in Pennsylvania penalties to energy independence. They looking outward and working, Demo- would be like closing the beaches in tax American companies but they don’t crats and Republicans alike, to protect Florida or closing the harbors in New tax Hugo Chavez. the economic base of this country and Orleans. The country can’t afford to Now, we must at some point ask our- understanding that energy is a key stop using coal, either. It is a valuable selves why we have a policy that would piece of the economic base of this economic resource for our region as tax American companies and American country, that jobs are created around other resources available in other parts jobs, would limit the supply so that the the cost of energy. At a time when we of the country. So we have to take ad- cost goes up and we lose jobs. Exactly should be focused outward together, we vantage of every possible resource to why are we doing this as a country? instead have a, suggested policies that meet our energy demands. The mes- Why are we suggesting passing policy punish American producers, American sages today are quite simple. We can- off the floor that is causing this par- oil and gas companies, and they give not achieve energy independence with- ticular effect? Those are things that we competitive advantage to other nations out coal. We cannot achieve energy se- as Americans should be asking, and we and other countries. curity without coal. And our coal must are asking, and yet we don’t have a I would like to yield to the gen- be clean coal, not the other option of good, clear answer. tleman from Pennsylvania to talk no coal at all. It appears to me, because I am not about the nuclear, the coal, and the Now, listen to these numbers. They involved in the conference, the discus- natural gas industries. He is from a are quite compelling. Over the next 40 sions between the House and the Sen- coal-producing State and has good years or so, the electricity demand in ate, it appears to me that special-inter- knowledge on these. the United States will double. These est groups have dominated those dis- Again, I yield to the gentleman from are the demands of people in their cussions and have said we are going to Pennsylvania. homes. They are also the demands of tax those high-profit oil companies be- increasing jobs in this country. We will cause they are making $100 per barrel b 1845 conserve, and we will have make great of oil, or maybe today it is only $85, Mr. TIM MURPHY of Pennsylvania. I strides in efficiency. But with the but it seems like there are strong thank the gentleman for yielding to me growth in the population and improv- forces out there that say we need to pe- on this critically important issue ing quality of life, it all dictates that nalize and punish these American com- about energy. As American families electricity demands will still increase panies because, according to some, look into the next few months about substantially.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14235 Coal accounts for about 50 percent of land from our farmers just to avoid will become by default the fuel of our electricity, and nonhydro renew- building one coal plant. choice for electric utilities. The trends ables like solar and wind account for The truth is, we need to increase the we have already seen will only become about 2 percent. We have already built supply of all energy, coal, natural gas, worse. Prices will soar. as much hydroelectric as possible, and nuclear and renewables. We can’t af- In the mix of which energy source is it is doubtful that people will want to ford to ignore any of them unless we the cheapest, hydro is probably the see more large super dams built around are willing to put up with a series of cheapest, but as we said before, we the country. But even if we triple the brownouts and blackouts during times doubt if people will want to build sev- share of renewable electricity, we will when the sun doesn’t shine and the eral more dams and dam up beautiful still need coal for close to half of our wind doesn’t blow. So the key to solv- valleys across America. Next cheapest electricity in 2050. This means we will ing this problem includes developing is nuclear power followed by coal, still have approximately to double the clean coal technologies with zero emis- wind, natural gas and solar. available coal capacity by 2050 just to sions and zero greenhouse gases. But let me briefly talk about nu- meet demand. Another option is to switch to nat- clear. We need to decide whether nu- Right now there are about 400 coal ural gas, and what we are hearing in clear power can pick up the required plants in the United States. Many of the energy bill is there will be more electricity supply. Nuclear plants cur- them are old and inefficient, outdated. push for doing that, as was outlined by rently provide about 19 percent of our Most or all of them will need to be re- my friend from New Mexico. As natural electricity, about 30 percent in Penn- placed over the next 40 years. So just gas prices continue to soar, that is sylvania. There are about 100 nuclear to maintain our current level, we are more jobs out of America that use power plants in operation in the United going to need to build about 400 plants chemical plants and more families’ gas States today, but we can’t just keep re- to replace those. And then to meet the bills going up. Natural gas provides licensing them forever. They are also new electrical demands over the next about 19 percent of our current elec- getting old and worn and will need to 40 years, we are going to have to build tricity demand, and its use will also be replaced. By 2050, we will have to re- an additional 400. That is 800 new coal- have to double by 2050 to maintain its place just about all of the existing nu- fired power plants between now and current market share. About 90 percent clear fleet. They are long past their 2050. This is twice as many plants as of the electric generating capacity in- prime and will need to close. This have been built since the start of the stalled since the year 2000 has been means that by 2050, we will have to Industrial Revolution. This translates natural gas-based, and natural gas is build about 200 new nuclear power to about one coal plant every 2 to 3 about three times more expensive than plants. That is 100 replacements and weeks, even if we start in 2010, just to coal per kilowatt of electricity gen- 100 new to meet the expected demands maintain the current capacity. It is a erated. This has increased the demand of 2050. The trouble is we haven’t built huge demand. And we can do that in a for natural gas and raised the price of a single nuclear power plant in the last way that has clean coal technology, both gas and electricity. The increased 30 years, given all the delays and costs zero emissions, if we will choose to use of natural gas for electricity com- associated with nuclear construction. make the investments. MIT said about bined with our policies that place off- It is going to be difficult, if not impos- $8 billion or so will be needed to meet limits much of our domestic gas re- sible, to build plants in the U.S. at the those investments in real dollars. That sources has caused us to be become a rate needed. That is about five per seems a lot cheaper than it took us gas-importing nation when we could be year, about one every 21⁄2 months start- back in the 1960s to put someone on the a gas-exporting nation. ing in 2010. Although the operating Moon. In the meantime, China is add- Congress has repeatedly made vast costs for nuclear plants are about the ing about one or two coal plants a areas of our coastlines off-limits, thus same or slightly cheaper than coal, the week and they are going to continue. embargoing our own resources from capital costs are much higher and the They put cheap power in the plants ourselves, boycotting our own re- lead times for construction and permit- without scrubbers. In the U.S., renew- sources, and all the while countries ting are much longer. The nuclear op- able technologies such as solar and like Cuba drill closer to our shore than erating costs also do not include the wind are expanding rapidly and will we are allowed to. long-term costs of nuclear waste dis- continue to do so. But they simply can- We used to be self-sufficient in nat- posal or storage. not match coal in terms of delivered ural gas, but not anymore. Most of our As with natural gas, the enactment power. imported gas still comes from Canada, of greenhouse gas legislation in what Here are some examples. This past but this is declining. Imports of liquid we are understanding is the current August, power from West Virginia’s natural gas, or LNG, are increasing form, without working to help the nu- largest wind farm was available only rapidly. Not only does this move us far- clear is going to increase the demand about 10 percent of the time that it was ther away from independence, but it is for nuclear power and place further actually needed. That is, the wind unsustainable because demand for liq- strain on resources and increase costs. doesn’t blow consistently every day. At uefied natural gas throughout the So there we are, two of our biggest re- 10 percent availability and 3 megawatts world, especially in Europe, is also in- sources for producing electricity, coal capacity, about 3,000 windmills would creasing rapidly. Chemical companies and nuclear, are areas that Congress be needed to equal the useful output of which use natural gas as their primary has got to deal with seriously. just one coal plant. To completely re- feedstock to make such chemicals and We have 250, perhaps 300 years’ worth place coal with wind, we would need to fertilizers and other products and other of coal in the ground. Scientists are build 1.2 million windmills by 2050. industries that depend heavily on nat- working on ways of making sure we This assumes the utilities will actually ural gas are going to move their oper- have zero emissions coal, zero green- be allowed to build all the new miles of ations overseas where gas is cheaper. house gases, massively reduce that. transmission lines they will need. And When natural gas costs in Middle East Right now I know in Pennsylvania will people want all those wind towers or Russia are $1 per unit or less com- about 40 percent of our coal-fired power up? pared to $6 to $12 at a fluctuating cost plants have no scrubbers, or inadequate Another area, the largest solar panel line in the United States, it is easy to scrubbers. Unfortunately, the way new array in the United States is under see why the decisions are being made. source review works is if a company construction at Nellis Air Force Base Already we have lost 3.2 million man- says let’s work to improve efficiency, in Nevada. It is going to cover 140 acres ufacturing jobs, almost 20 percent of let’s put in new turbines or other of desert with 70,000 solar panels, but the total since the year 2000. Chemical things that improve efficiency by a few will produce only about 2 percent of companies consistently say that nat- percent, at that point, the government the output of a modern coal-fired ural gas costs are far more important comes in and says, no, we now have to power plant. At that rate, we would than labor costs when making their de- review everything you do, and if you have to destroy 11 square miles of cision to move overseas. Worse yet, if don’t take care of everything with all beautiful southwestern Pennsylvania greenhouse gas legislation becomes re- the scrubbers, you can’t do it at all. forest or consume this much valuable ality in its current form, natural gas The companies say, well, we were

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14236 CONGRESSIONAL RECORD — HOUSE December 5, 2007 thinking of spending 20, or 50 or $150 p-e-a-r-c-e. If you spell it p-i-e-r-c-e, I would like to yield to the gen- million on some upgrades but we don’t there are things on the Web site that tleman from Utah, a good friend of have four or $500 million to take care come up on that that your mother mine, Representative BISHOP, who of this one plant. So they hold off. would not want you to see. We simply heads the National Parks Public Lands That is not cleaning the air. That is need to go and look at energy policy. If Subcommittee in the Resources Com- not taking care of our needs. you go to pearce.house.gov and look at mittee, is knowledgeable about na- What we have to do is look at ways of the Human Events article earlier this tional forests and about the oppor- promoting the new technology, helping week, we talk about the energy bill tunity that we have to help lower en- private business make those invest- that was passed out of the House by the ergy costs by using renewable fuels as ments in new technology, but above chairman who says, ‘‘No reason why the technology exists or does not exist all, meet our current and our future public law should be linked to gross na- today. needs by addressing the issues of Amer- tional product’’ and what they did in I yield to the gentleman from Utah. ica’s abundant supplies of coal and ex- that particular bill, H.R. 3221, was they Mr. BISHOP of Utah. I thank the panding the use of nuclear power which cut off 9 trillion cubic feet of natural gentleman from New Mexico for offer- is clean. It is one of those areas we gas from Colorado’s Roan Plateau. ing, for allowing me an opportunity of have to deal with seriously. b 1900 saying a few words on what will be a I thank the gentleman from New significant piece of legislation that we Mexico for yielding me this time and They cut off 2 trillion barrels of oil will maybe be asked to vote upon this his leadership on working in these from shale oil. That is in Colorado. week. areas which is so important for Amer- This, by the way, is twice the reserves You know, it is only intuitive that ica’s energy security. of all known reserves in the world. We this Nation should be energy inde- Mr. PEARCE. I thank the gentleman could be the Saudi Arabia of oil if we pendent. If we were energy inde- for his comments and recognize that would simply harness those resources pendent, not relying on foreign sources we have a 15-year lead time before we down there Webster talks about, that of energy from obviously other places, shale oil in Colorado. build the first nuclear power plant. not only would it allow our military to The bill, H.R. 3221, dramatically ex- China is right now currently hiring our have the flexibility it needs to function pands the environmental study require- nuclear technology capability. They ments on existing oil and gas pads. in whatever situation upon which it is are hiring our people so that we first of This provision alone is expected to re- called to be used, but it allows our di- all don’t have young people going into duce or delay onshore natural gas sup- plomacy to be used in flexibility in any the nuclear industry, those who are re- ply by approximately 18 percent. So at situation. tiring are going to China because they So, how do we actually replace this a time when Dow Chemical is investing have a commitment to build nuclear $22 billion in Saudi Arabia because foreign oil that is presently being power plants. And as the gentleman their natural gas prices are one tenth brought in here? Everyone who under- said, we face a severe shortage of en- of ours, we are limiting supply by an- stands the situation will tell you there ergy in the future. We are already giv- other 18 percent by our bureaucratic is no simple, single silver bullet. Mul- ing up jobs. And we are doing nothing and regulatory requirements. It just tiple means have to be used. about it. does not make sense. Energy conservation, efficiency in Now, I would like to show a dif- There are breaches in the legitimate transportation, things we have talked ference in viewpoints. Up above the legal offshore energy contracts be- about, those are good. That is part of Speaker’s dais is a quote by Daniel tween companies and the U.S. Govern- the mix. But only about 16 percent of Webster. If I were to read that quote, it ment, in much the same way as Hugo our foreign oil imports could be elimi- says, ‘‘Let us develop the resources of Chavez and Vladimir Putin might in- nated simply by using efficiency in our land, call forth its powers, build up stall. That is a quote from some of our transportation or energy conservation its institutions, promote all its great friends at the Washington Post earlier means. Other methods have to be added interests and see whether we also in this year writing about H.R. 6. to the mix as well, and one of those is our day and generation may not per- It cuts off 10 billion barrels of oil biomass. form something worthy to be remem- from the National Petroleum Reserve Biomass by itself could produce 24 bered.’’ It begins, ‘‘Let us develop the in Alaska, and it cuts off the govern- percent of all the foreign oil we are im- resources of our land.’’ Daniel Webster. ment agency’s communication for oil porting into this country, far more Can we do something great that our and gas permitting activities, as they than even our best efforts of conserva- generation might be remembered for? currently do under law. tion or efficiency. If we combined those Now, I would go also to a quote from Now, these are things in the bill that two together, we are well on our way to earlier this year from the chairman of supposedly are going to bring us energy trying to become energy independent. our Resources Committee. Now, keep independence. It is a bill that we op- For those of you like me that like in mind Daniel Webster said, ‘‘Let’s de- pose. We as Republicans and we as con- technical talk, biomass is dead trees, velop our resources,’’ but the chairman servatives say that we must first take dead shrubs, the stuff that burns in for- of our Resources Committee this year care of the opportunity for our young ests if you don’t remove it first. And as says, ‘‘I see no reason, no reason what- people to have jobs and careers. We much as our friends on the other side soever why good public land law should first want to defend our economy of the aisle will continuously say they be linked to the gross national prod- against those foreign countries that want to require biomass to be part of uct.’’ I’m sorry, the gross national would take our living standard, that the fuel standards, the renewable alter- product is our capability to generate would take our jobs. And yet we are native fuel standards, the bill that will jobs. And contrasting with Daniel Web- passing a bill where the chairman says be brought before us this week will not ster who says, Let’s do everything we there is no reason, no reason whatso- allow biofuels, dead trees, to come can to build a great country. Let’s ever, why good public land law should from the one and the largest source of build this dream of American be linked to the gross national product. those dead materials, and that is Fed- exceptionalism and let’s fight to have I find that quote to be stunning. eral lands where we have unhealthy the hope and opportunity that we as a One of the provisions in the bill that and overgrown forests. That is specifi- country have and let’s use our re- is suggested that might come up, cally prohibited as part of the alter- sources to do it. again, the Democrats are saying, native energy formula. Contrast that to this year, this year’s NANCY PELOSI is saying we are going to Now, when we limit the collection of energy bill, ‘‘No reason, no reason have an energy bill this week, and one hazardous fuels from those forests, whatsoever, why good public land law of the provisions in that is a provision that biomass material, what we are should be linked to the gross national to require renewable fuel standards. really doing in essence is gutting the product.’’ Just earlier this week, I au- Now, that is well and good, until one Healthy Forest Restoration Act, a bi- thored an article in Human Events looks more closely. That part of the re- partisan bill that was passed last year, magazine. If you want to go online, newable fuel standard is ethanol from in an effort to prevent catastrophic pearce.house.gov. Be sure and spell it cellulose fibers. Those are wood fibers. fires, wildfires, those fires that we have

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14237 seen that destroy property, that actu- ally pay taxes will be hit higher when We had the Los Alamos fire back in ally push more pollutants into the air we don’t need to do it if we simply look 2000. We had the Kokopelli fire up near than any highway full of cars can ever to the resources we have. Ruidoso that burned 30-something do, and, more importantly, they de- As the gentleman from New Mexico houses. We have seen the devastating stroy the lives of people who are clearly said, quoting Daniel Webster, effects of wildfires in the West, and yet caught in the path. This act was there this quote that is in this Chamber, we we are prohibited now by this law from to bring a new energy to people in the sit and look at it every day, very few of going in and taking those fibers. One West and to help rural economies re- us actually look up the words, but, has to ask, where is the sense in that? cover from a collapsed timber industry once again, Daniel Webster said, ‘‘Let Why are we doing that? I would say forced on them by outside sources. us develop the resources of our land, again, it is special interests, the ex- This bill tries in some way to help call forth its powers, build up its insti- tremists of the environmental move- with payment in lieu of taxes to west- tutions, promote all its great inter- ment who say we are not going to ern counties and secure rural schools; ests.’’ And why? ‘‘And see whether we allow the Forest Service to cut one sin- yet at the same time, secure rural also, in our day and generation, may gle tree. We are not going to allow any schools are rural districts that relied not perform something worthy to be harvest. upon the timber industry and can no remembered.’’ We passed the healthy forest initia- longer do it because of outside deci- This bill that will be before us is a tive back about 2004, and yet this is the sions, and therefore they are getting bill that is not going to be worthy to be way that we gut the bills. We can say subsidizations for their school systems. remembered. It does not move us to- on the one hand we passed the healthy At the same time this bill tries to help wards energy self-sufficiency. It does forest initiative, and then we don’t those schools, it prohibits them from not make us independent in our efforts. quite tell the people of the country ever having any kind of natural recov- It does not grow our energy needs and that the healthy forest initiative will ery within those areas by prohibiting provide jobs and provide a cleaner kind not be implemented. We won’t keep our their last source of job creation in of energy for the future. forests healthy because we are going to those areas, which is recovering the It simply doesn’t make the cut on a prevent anybody from using those ma- dead fuel in the forests. whole bunch of areas, one of which hap- terials out of them. So it is going to be Now, that is the hope, and that is pens to be biomass. What could have a sheer cost, a cost to the government, eliminated in the bill that we will have been a great source for energy in the where we could get someone to pay the coming before us. It isn’t enough that future is literally shut out by provi- government. this energy bill prevents the use of this sions in this bill that should not be Mr. Speaker, I would submit the arti- material that is grown in those areas; there, ever. It is the wrong approach to cle from the Human Events paper, it prohibits the use that is used in pri- take. ‘‘America Does Not Need a San Fran- vate forests to maintain their health as Now, I appreciate the chance of ram- cisco Energy Policy,’’ for the RECORD. well. bling on here for a minute, and I appre- AMERICA DOES NOT NEED A SAN FRANCISCO The Democrat intents of this bill ciate what my good friend from New ENERGY POLICY seems to be clear: If you can prohibit Mexico is doing to present the concepts (By Representative Steve Pearce) the collection of biomass, the dead that are in this bill that we are When Democrats took control of Congress stuff of the forests, and make the pro- glossing over in an effort to try and last year, they promised to do something about energy prices. They have delivered on visions so unworkable, then obviously rush an energy bill just before Christ- that promise by driving the price of oil to an no responsible company would ever at- mas. No one is going to have the time all-time high of $99 per barrel and forcing tempt to comply and go in and there- to look at it. No one is going to have families to tighten their budgets. Apparently fore do it. So the essence is, like Marie the time to study it. No one is going to unfazed by this dramatic increase, the Demo- Antoinette of old who said ‘‘Let them have the time to simply sit down and cratic leadership is poised to deliver legisla- eat cake,’’ the essence of this bill is say, you know, there is a better way. tion that will drive prices even higher and simply let it burn. That is what will We could tweak it here and there and make us more reliant on foreign sources of energy. happen to our forests, when it could be actually come up with a decent policy. LEAVING AMERICANS IN THE DARK being used to help us become energy But because we have waited and pid- Behind closed doors, House Speaker Nancy independent and energy self-sufficient. dled around until the very end of the Pelosi (D.–Calif.) and Senate Majority Lead- And it is a key and crucial element. session when our backs are to the wall, er Harry Reid (D.–Nev.) are piecing together Not only can we help our societies by we are going to be faced with an up or an energy bill that they plan to unfold some- reducing wildfires, we can help have down vote on something that just isn’t time in December. In addition to violating jobs in those rural areas that need worth it. It has too many flaws. procedural rules they promised to uphold, them so desperately. We can help all of With that, I would yield back to the this secretive process prevents both Repub- society become energy independent by gentleman from New Mexico. licans and Democrats from heading off offen- using a renewable source, but it is spe- Mr. PEARCE. I thank the gentleman sive provisions that would otherwise receive cifically prohibited by the language from Utah for his compelling argu- public scrutiny. It appears it is not just the majority’s energy plan, but also the process that you will find in this particular ments. that leaves Americans in the dark. bill. The situation is, again, there appears The mad scientists behind those locked Now, once again, I am very simple, that there will be a requirement to doors are using the remains of two consider- and I need to know who is going to be produce ethanol from cellulose, which ably flawed energy bills that came one each hurt by this situation. I am an old is a nice thing to think about. We have from the House and from the Senate. Every schoolteacher. had testimony, though, that no tech- objective analysis of both bills concludes We have two States in the West bor- nology exists to do that, and it could they will hurt the U.S. economy. A recent dering one another, one of which puts be 20 years before that technology ex- study conducted by a highly respected non- partisan business consulting firm estimated its emphasis on proactive energy devel- ists. that by 2030, the House and Senate energy opment and the other does not. A start- Now, you would ask what are the cir- bills will cause the loss of five million Amer- ing teacher in the school district that cumstances in the bill that deal with ican jobs, a 4% reduction in gross domestic puts its emphasis in proactive energy this. What if there is no technology, product annually (more than $1 trillion) and development makes $4,000 a year more but there is a requirement? That is an estimated loss of $1,788 in spending power than a fourth-year teacher in the fairly simple. There is up to $2 a gallon for the average household each year. neighboring State will do. So who is penalty, tax, fee, on the companies, the BUREAUCRATIC HURDLES hurt when we prohibit and eliminate refiners, if they can’t produce the min- The House bill, in particular, is designed to the opportunity of expanding our en- imum amount of ethanol from cel- increase bureaucratic hurdles to domestic ergy production in the West? Well, the lulose fibers. So, first of all, we are re- energy production from oil, natural gas, kids are, the school system is, the stricted from going into our national wind, solar and biomass and punish Amer- ican energy companies for being in the busi- teachers are, the road funds that you forests and stopping them from burn- ness of making energy. need to construct roads in those larger ing down. We have all seen the Here are just a few of the worst examples western areas. Those people who actu- wildfires in San Diego and New Mexico. of how Democrats would make energy more

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14238 CONGRESSIONAL RECORD — HOUSE December 5, 2007 expensive and less available to Americans. and we know nothing tonight so that billion in taxes on American compa- Their plan: we can not really talk in anything but nies, $21 billion, and the truth is taxes Cuts off nine trillion cubic feet in natural speculative terms. But we feel fairly are not paid by companies, taxes are gas from the Colorado Roan Plateau. This is certain on those speculative terms be- passed along by companies. So that is enough clean-burning natural gas to heat cause we have had leaks from behind $21 billion that is going to come out of four million homes for 20 years. Cuts off two trillion barrels of oil from oil those closed doors where this process is the taxpayers’ pocket. Every time you shale resources. This is twice the total prov- going on. fill up with gas, $21 billion is going to en oil reserves available in the world. What are we to believe might be in come from the producer or from the Dramatically expands the environmental that bill? First of all, there is going to taxpayer. It’s going to the government study requirements on existing oil- and gas- be the renewable fuel standard, the and it’s going to lower the capability drilling pads. This provision alone is ex- RFS, renewable fuel standard, which for us to balance our personal budgets. pected to reduce or delay our onshore nat- says that we need to produce a certain So $21 billion in taxes in this bill that ural-gas supply by approximately 18%. amount of our energy, our gasoline, will be borne by consumers. Breaches legitimate legal offshore energy contracts between companies and the U.S. from ethanol. That is a worthy and ac- Now, the sad thing, and this is where government in much the same way as Hugo ceptable thing if it’s possible and if it you really must understand that there Chavez and Vladimir Putin. doesn’t stop us from implementing the are elements of this tax provision that Cuts off 10 billion barrels of oil from the Healthy Forests Act. include a rollback of the section 199 National Petroleum Reserve in Alaska, as The second thing that is in the bill manufacturers’ deduction. That was a though derailing production of 10 billion bar- that we feel pretty certain about is deduction that was passed in Congress rels from the Artic National Wildlife Refuge that there will be some renewable port- back in 2004. It included oil and gas, weren’t enough. folio. That is, we are suggesting that but it was specifically there to encour- Cuts off government agencies’ communica- tion for oil- and gas-permitting activities as companies should produce electricity age increased domestic production ac- they do under current energy law. using renewable fuels. The only prob- tivities. We wanted to assure American Raises the tax on American-made oil and lem is that the suggestion up to now jobs and we wanted to assure that refined products by as much as 9%. This tax has been that they should produce 15 American jobs were competitive with will simply be passed on to consumers. percent. Now, there’s a delicate prob- overseas countries, so we had a roll- DANGEROUS RELIANCE ON FOREIGN SOURCES lem there because we have not yet seen back in the 199 taxes. I’m sorry; we es- Since their plan will make domestic en- the capability to produce from renew- tablished the section 199 manufactur- ergy harder and more expensive to produce, able fuels 15 percent. Again, one has to ers’ deduction but the bill that is com- the majority’s energy future creates a dan- wonder about the penalty. Every major ing before us, it has leaked out that it gerous reliance on foreign energy sources. utility is against this provision be- has a rollback in those incentives for They have repeatedly prevented the use of cause they know they cannot comply. producers. energy resources in ANWR and the Outer Every single one of us wishes that we Now, the difficult thing is that the Continental Shelf and locked up a large por- tion of our public lands that are rich in en- were independent of Saudi Arabian oil rollback hits only the top five pro- ergy. Without access to domestic sources, we and Hugo Chavez oil. But the truth is ducers. It hits BP, Chevron, will become increasingly reliant on energy we are not. We made the wrong deci- ConocoPhillips, ExxonMobil, and Shell. from ruthless dictators such as Hugo Chavez sions 30 years ago, and the wrong deci- Now if you are listening like I am read- or from highly volatile regions of the world sions are causing us the problems that ing, you’re wondering who got left out like the Middle East. we have today. We did not make incen- of the list. Who’s not going to see a tax This is not a good time to be experi- tives in renewables 30 years ago. We increase? Citgo. menting with San Francisco-style energy made it harder to invest in nuclear Now Citgo is owned by Hugo Chavez. policies. Our fastest-growing competitors for energy around the world are China and India, power 30 years ago. Today, we are mak- I do not know if it is by design, but I who are expected to surpass the United ing it harder to invest in coal. We are can say that according to the informa- States in economic output within two dec- requiring the conversion to natural tion that is out right now, there is ades. Both countries vaulted past America at gas, and that conversion to natural gas going to be a rollback in deduction for the beginning of this year as an exporter and is pushing the price of natural gas up, the top five companies so that they pay have since moved at lightning speed to which is causing Dow Chemical to say more taxes, and we are not charging eclipse Germany’s once insurmountable ex- we are taking our jobs to where the Hugo Chavez any more tax. One has to port machine. While China and India are price of gas is 75 cents, not over $8. It wonder about the value system that using every type of energy they can get their hands on, our leadership in Congress is try- is a very simple process that we are en- says don’t charge Hugo Chavez tax but ing to severely limit our energy options. gaged in. do charge Exxon, do charge America needs energy to survive. If we So the bill, we think, is going to have ConocoPhillips, do charge Chevron/ have the means to ensure that survival, we a renewable fuel standard. It’s going to Texaco, do charge Shell and BP. shouldn’t lock it up and throw away the key. have a renewable fuel standard that Now, what you have been led to be- Mr. PEARCE. Mr. Speaker, now we says we cannot take woody fibers out lieve, if you listen to the people on the should talk about the components of of our national forests, even when they left, they want you to believe that the bill that is suggested. Again, keep are burning down, even when the trees ExxonMobil is an evil entity; that they in mind that we are here talking about are dead, even when they are at threat by themselves are driving the price of the future of the Nation. We are talk- of burning down. There’s going to be a oil up that they might profit. When we ing about the philosophical underpin- renewable portfolio standard which look at a world assessment of size of ning of where we are going in this says that you have to produce more en- companies, we realize the falseness of country with our jobs, with our econ- ergy than what is technically feasible that argument. omy, with our future. This bill is at the right now in this country from renew- Let’s look at this chart which begins basis, because the American economy able sources. to look at countries and companies. is driven by affordable, cheap energy. The next thing actually appears to be Many countries own their oil compa- a good consensus from the auto indus- nies. Saudi Arabia by far has the larg- b 1915 try on the CAFE standards. If the auto- est oil company, you can see. It has And what are we to say about the makers say that we can hold American about 10.3 million barrels per day. You bill? We are having to speculate. We jobs and we can produce to those stand- go to Iran. It has a very large oil com- are told that it’s coming up this week, ards, again, we have not seen the exact pany. The Iraqi National Oil Company either today or tomorrow. It’s obvious standards, but if the automakers say is actually quite large. Qatar, Kuwait, that it’s not coming up today. So one we can keep American jobs, then that’s Venezuela, ADNOC, Nigeria. You no- would say that it must come up tomor- one of the key pieces of the debate. tice we are not even yet to row because we had that promise from There is another thing in this energy ExxonMobil. the Speaker of the House. And yet we bill that we are supposed to bring up And yet HILLARY CLINTON says, I am don’t have the text of the bill that is tomorrow but yet haven’t seen. But going to take ExxonMobil’s profits and dealing with our future as a Nation, there is a component that we are as- spend them. NANCY PELOSI has said the our ability to make and create jobs, sured is going to be there. That is $21 same thing, We are going to take

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14239 ExxonMobil profits and spend them. We the PAYGO in H.R. 6. They used it in sideration that we are talking about haven’t taken yet any profits from any H.R. 2419. H.R. 6 we passed back on tonight. of these companies, and they dwarf, January 18. H.R. 2419, we passed July THE ECONOMIC IMPACTS OF PROPOSED ENERGY they dwarf ExxonMobil. We go all the 27. They used them again on August 4 LEGISLATION, CHARLES RIVER ASSOCIATES way down to this far on the chart be- in H.R. 3221. And they used them again INTERNATIONAL, NOVEMBER 2007 fore we find the first privately owned in H.R. 3058, which still has only passed A report by a respected economic analysis company, ExxonMobil. committee but yet has not passed the firm examines the economic impacts of ExxonMobil is owned privately by floor. seven major energy legislative provisions you, the shareholders, the stock- When we as policymakers begin to do being considered by Congress. If adopted, holders. You can buy it every day. round-trip sales, it’s no wonder that we these provisions would mandate that Amer- ExxonMobil is going to be charged have the reputation that only 9 or 10 ican families and businesses replace proven energy sources such as oil and natural gas taxes. It’s going to make them less percent of the American public really with unproven high cost sources, likely lead- competitive worldwide. We are going to trusts what we are doing. We are doing ing to higher energy costs. The study reveals do away with more jobs so that these things that do not make sense for our the following: companies, these state-owned compa- economy. We are doing things that are Almost 5 million jobs could be lost by the nies might have an easier time to take creating a false illusion about our po- year 2030. The impact would likely be felt our jobs. I wonder at the thought proc- tential to pay for things that we are even sooner, with an estimate of more than ess that went into that. I wonder what saying we are going to do. We are 2 million jobs lost by the year 2020, and compelled policymakers here, the watching our jobs leave and go away, about 3.4 million jobs lost by the year 2025. These estimates take into account jobs that Speaker of the House to say we are all because we in this country need af- would be created by the nearly five-fold ex- going to tax American consumers, we fordable energy, and yet we are doing pansion of the biofuels mandate. are going to tax American companies, things that hurt the chances of pro- The average American household’s pur- and we are going to let Hugo Chavez, viding affordable energy. chasing power could drop by about $1,700 by we are going to let Nigeria, we are Again, the point that we object to in 2030. Higher energy and non-energy costs es- going to let Kuwait, Saudi Arabia go. this coming bill, the energy bill we are timated in the study would likely mean that We also have other considerations. In talking about this week, are the renew- consumers must spend a larger percentage of the bills that we have passed, the bills able fuel standards that are not achiev- their income to maintain their current level able and keep us from implementing of consumption. This could force Americans that we have passed out of this Con- to make lifestyle changes, as significant gress so far about energy, we have done the healthy forest initiative so that we quantities of energy would be needed to kind of sort of a tricky thing. There is don’t burn down our forests. It’s objec- produce and transport many goods and serv- much discussion about Enron. That tionable that a renewable portfolio ices. was the large power company that be- standard is being set that we cannot Aggregate business investment in the U.S. came synonymous with tricky deal- reach. It’s objectionable that we are could drop by as much as $220 billion by 2030. ings, double dealings. raising taxes by $21 billion to American Higher energy costs place upward pressure What did they do? One of the things consumers. It’s objectionable that we on manufacturing costs, and businesses have they did in defrauding the consumer, are using a tax that is going to be puni- less capital to absorb the impact. As house- hold and business consumption fall, demand one of the things they did in defrauding tive to American companies but will for goods and services weakens. the shareholders is that they did things not tax foreign oil companies, will not Our national GDP could decline by more called round-trip sales. If they needed tax Hugo Chavez. At the end of the day than $1 trillion by 2030, relative to the base- their balance sheet to look better on a we have to ask ourselves exactly why. line. This estimated 4 percent decline in GDP certain day, they would maybe buy or Why is it that this majority is taking would be the result of energy supplies declin- sell a lot of energy, maybe a specified these stances that harm Americans so ing and energy sources becoming more ex- amount of energy, and then they would much? I don’t know an answer to that. pensive. The economy as a whole likely simply buy it back, sell it to their own I would like to submit for the would suffer, but the impact would resonate strongest in the following sectors: commer- RECORD a summary of the report, the selves in a different company, and buy cial transportation, electric generation, it and sell it, buy it and sell it, round Charles River report. In that, Charles motor vehicles, and manufactured goods. trip, so that nobody was actually giv- River is suggesting that we are going Costs of petroleum products could more ing them money, but it looked like to lose jobs, almost $5 million from the than double by 2030. The impact would likely money coming in, and no one could energy policies that are being sug- be felt sooner, with a roughly 44 percent cost ever see their balance sheet to see that gested right now by this Congress. We increase by 2020. In addition to refined fuels they were actually paying out the are going to lose 5 million jobs. The av- and home heating oil, this would likely im- money to themselves. It was coming in. erage American household’s purchasing pact the many products that have oil or nat- power could drop by $1,700 by 2030. Ag- ural gas components, including toothpaste, The sales looked really good until cell phones, infant seats, and pacemakers. some day you simply have to have the gregate business investment in the cash in hand. Those round-trip sales U.S. could drop by as much as $220 bil- f became synonymous with Enron and lion by 2030. Our gross domestic prod- b 1930 their double dealing. uct could decline by more than $1 tril- But let’s look at what this Congress, lion by 2030. The costs of petroleum IOWA PRESIDENTIAL CAUCUS the new majority, who said they are products could more than double by The SPEAKER pro tempore (Mr. going to do things in such an ethical 2030. If you take a look at that report, CUELLAR). Under the Speaker’s an- fashion, let’s look at what they have you will see the damaging effects to nounced policy of January 18, 2007, the done. They have used the same taxes your future, your children’s future, and gentleman from Iowa (Mr. KING) is rec- on offshore oil and gas in the gulf your grandchildren’s future. The ognized for 60 minutes. coast, the gulf region. They used those Charles River report is nationally re- Mr. KING of Iowa. Mr. Speaker, I as on offset because we in Congress say spected and says: Please, please recon- very much appreciate the privilege to we can’t spend money without pro- sider what you’re doing in Congress, be recognized and address you here on viding for it; the PAYGO provision. So what the majority is doing in Congress the floor of the United States House of they use those same taxes in H.R. 6, right now to affect energy prices in the Representatives. Each time I come to and, by the way, I am calling these the wrong way. We need lower costs of gas- the floor to address you and speak into Enron tax provisions because they are oline at the pump, lower costs of heat- the RECORD, I am very well aware that kind of like those Enron round-trip ing oil. We need policies which will im- there are people in my district, Iowans sales, those ways of stating things so plement those, not drive them up. We and Americans, who are tuned in for you have to check both sides of the need them to be driven lower. one reason or another, who are shaping ledger before you understand, but Mr. Speaker, I thank you for the their ideas and their values as they lis- there’s really not anything there. time that you have yielded me tonight. ten to us here in the people’s House, So our friends on the other side of I thank my friends from Utah (Mr. this great deliberative and this great the aisle used those offshore taxes, BISHOP) and from Pennsylvania (Mr. debate body which has 435 Members, those 1998/1999 leases to offset, to be MURPHY). This is a very important con- representing 300 million of us, each of

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14240 CONGRESSIONAL RECORD — HOUSE December 5, 2007 us representing roughly 660,000 con- I, Mr. Speaker, have the great privi- But before I get into that, I want to stituents. We are called upon by the lege to represent a district in Iowa, one get into how important it is that we Constitution and the rights that are of five Congressional districts, where have a process of nomination that in- passed from God through the Declara- we are the first in the Nation contest. cludes a contest like an Iowa caucus, tion and the Constitution, we are Iowans will, in the caucus on January an opportunity for individuals, to cau- called upon to step up to those respon- 3, make the first recommendation to cus-goers, registered voters, and they sibilities. We are elected to represent the rest of the Nation and the individ- will all be registered voters who have a the people in our districts with the pri- uals that Iowans believe would make voice in our caucuses, regular people, orities of what is good for America. the next President of the United heartland people, regular Americans First God, then country, then State, States, both Democrats and Repub- from all walks of life, it is so impor- and then district. licans. tant we have a process that allows the I know, Mr. Speaker, there are Mem- We have had that responsibility of supporters of the candidates to get to bers of this body who view their job as the first in the Nation caucus for sev- know the Presidential candidates. simply reflecting the political will of eral decades now. I believe it was We are in this modern cyber era their constituents. In other words, Jimmy Carter that first identified the where information goes with the click take a poll, wet the finger, see which leverage and the opportunity to come of a mouse and you can transfer capital way the wind is blowing, put down a to Iowa in the first in the nation cau- around the world in a nanosecond. In vote, and determine that your lon- cus and engage in that process and that period of time, we can also trans- gevity here in this Congress somehow emerge victorious and go on to New mit visual images and radio commer- puts together this vast mosaic which Hampshire and South Carolina and be- cials and print text in the blogosphere. turns out to be a beautiful painting. I, yond and be successful in the process of Anyone who has an e-mail distribution Mr. Speaker, do not believe that. nomination and be successful in the list can listen to a Presidential can- I believe we are charged with the re- process of being elected as President. didate in a living room in Davenport, sponsibility of leadership. We are elect- Jimmy Carter identified that oppor- Iowa, write that little quote down and ed for our judgment. We owe our best tunity in Iowa, and since that time we pump it into their BlackBerry and send effort and best judgment to our con- have had Presidential candidates con- it off to 10,000 people on their e-mail stituents, and part of that best effort stantly in Iowa over the last year and distribution list. We have those kinds and best judgment is to listen to them a half in particular. But this process is of folks who do that. and receive their input, but exchange an open process whereby it is the first These Presidential candidates are the information that we gather here time in my memory that both the being evaluated day by day, hour by and across the country. Democrats and the Republicans neither hour, minute by minute, by people who We are full-time paying attention to has an incumbent President that will take their privilege to weigh in on this the issues that affect this Nation. We be up for renomination for a second nomination process very seriously. have access to more information than term or a Vice President who might We have developed over the genera- most of our constituents do. We have a have been picked or anointed by a sit- tions astute people who are engaged in responsibility to process that informa- ting President. It is wide open. It is politics. But I don’t want to say that tion, give our opinion back to our con- wide open for Democrats and Repub- Iowans are the only ones that have stituents, exchange our ideas and reach licans. We have known that for 3 years, that ability because we don’t. Obvi- a conclusion on how best to conduct perhaps, maybe a little more than 3 ously that ability exists in every State ourselves on our public statements years. in significant numbers. But I do want which affect public policy, on our votes So we have seen candidates come to say that if no State has a first in the and on our activities, on the bills that through Iowa, and I am sure the people Nation caucus process, if every State, we sponsor and cosponsor and author, in New Hampshire have as well, and for example, if we went to Super Tues- and the positions that we take in com- the South Carolinians as well, and this day on the 5th of February, if every- mittee and here on the floor. All of has been going on for a year and a half. body held the primary contest at the that comes with a great profound re- Now it is coming down to the crunch same time, the polls opened at 7 in the sponsibility of serving people here in time. Iowans will be making their deci- morning and closed at 9 at night, we the United States Congress. sion on whom they will support in the would all go in as a Nation, 300 million I came here this evening to address caucus within the next 30 days, 29 days, of us, those who voted in the primary, one of those profound responsibilities, perhaps. and we cast a ballot for our selection and maybe a little bit outside of the There are a lot of Iowans who have for nominee, if we did that, we would realm of an official duty of a Member not yet made up their mind. I am here nominate the Democrat candidate and of Congress, but certainly implied to say I understand why. The January the Republican candidate who had the within our duty and responsibility, and 3 contest will bring 100,000 Republicans deepest pockets, most ability to raise that is that all of us in this Chamber out who will go to homes across the money and the most ability to buy ads are involved in a constant conversation State. Some will be sitting in living and put their chosen persona out before with each other, with our constituents, rooms and gymnasiums where they the American people to convince them with our associates, with the press, on pull the caucus together for an entire that on Super Tuesday, February 5, how we select the next leader in the county. Some will go to schools or they should go to the polls and vote for free world because, Mr. Speaker, the other public buildings, but many will them. Not a personal contest, but a nomination process here in America go to the homes. They will go to the media image, money raising contest is will determine generally two nominees, homes of Iowans and sit in the living what we would have. We will have that one Democrat and one Republican, and room. Sometimes they will not all fit media image, money raising contest on perhaps an Independent, that will be on in one room and they will flow into Super Tuesday on February 5 and those the ballot in November. One of them other rooms, but they will go through dates beyond that other States have will be the next leader of the free the process, Republicans and Demo- their primaries, and some have a cau- world. One of them will be the Com- crats, declaring themselves. Democrats cus or convention. mander in Chief of the Armed Services openly declare themselves for Presi- But this first in the Nation caucus is of the only unchallenged superpower on dential candidate. Republicans put up a different. You simply cannot earn the globe, and with that comes a series vote on a piece of paper, and they can votes by running media. You simply of profound responsibilities. maybe vote for a Presidential can- can’t run television ads and radio ads So how then do we in these positions didate in a caucus and not be identified and print and mailer and do robocalls of leadership, how do we take this job, as a supporter for a particular can- and be able to get people to be inspired and I am going to say seriously, to didate. Generally, we listen to each to get up on a cold January night and make this evaluation? How do we come other speak with such focus we know go on out into their neighborhood’s liv- to the conclusion on whom we support how people vote whether it is a secret ing room or the school gymnasium and and might consider endorsing for Presi- vote or whether it is the way it is in a declare for a candidate for President. It dent of the United States? small neighborhood contest. takes more than that.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14241 If people are going to invest hours of weeded out and some candidates will be And as Iowans walked away from How- their time, because it isn’t just write advanced. But there will be two tickets ard Dean, John Kerry then won Iowa the name of a Presidential candidate punched in New Hampshire, no more and went on to win the nomination. His on a piece of paper and turn it in. It than three, maybe only one. prospects were pretty dim at this point and 4 years ago, but we know how his- also includes the initial offering of the b 1945 planks for the State party platform tory launched John Kerry forward and and the election of precinct captains But to win the Iowa caucus says you how Howard Dean went forward to let and the election of the delegates that have met the standards. You have held out the scream that was the scream of go to the county conventions. These up under the bright light of public frustration that, of all the good things nights are full of political debate and scrutiny and you have done that for he had done as he was on the inside exchange of ideas. more than a year, and you have not track and he was turning on towards There are people who will go to the been found wanting in your character victory and it collapsed, because in the caucuses who have not made up their or your policy. Your faith will be meas- end we’re making a measurement on mind who they will support for Presi- ured. Your work ethic will be meas- real people, evaluating their work dent, but they will listen to the speech- ured. The tempo of your work, the peo- ethic, their faith, their character, their es, whether Republicans or Democrats. ple who are gathered around as paid personalities, how they interact with So what is this caucus process and staff and volunteers, all of them be- people. That’s something that only why is it unique? It is unique because come part of a team, and the personal- happens there and only happens in it requires organization. It requires the ities of each of those players makes a Iowa. It happens, I think, in New candidate to build an organization difference in the evaluations process. If Hampshire also to some degree, but it within the State, to identify workers we do not have such a process, then is a different process. It is a primary within the counties and people that again it becomes just a media cam- process, not a caucus process. So it will go forth and profess the validity of paign, just a media contest. changes the dynamic in New Hamp- their candidate as the best President I would take you back, Mr. Speaker, shire. And then beyond it becomes that we could ask for in this era as to reflect upon the 2004 caucus when, at more and more of a media and less and President of the United States. this stage before the caucus, a month less of an organizational effort. This statewide conversation that before the caucus, the national news But to have this unique process, this goes on continually is a conversation media had Howard Dean as the nomi- first-in-the-Nation caucus process so that Presidential candidates are meet- one on one, person to person. It goes on nee for President for the Democrat ing people face-to-face, eye-to-eye. in the coffee shop and it goes on in Party, because Howard Dean had built Some might call it a relic of the old schools and churches and over talk an organization, he had raised a ton of days, but I will tell you that I believe, radio constantly. It goes on over the money, he had an Internet presence Mr. Speaker, that it is the foundation telephone lines from neighbor to neigh- there that was unique and hadn’t been of one of the great things about Amer- bor and business conversation to busi- matched at the time. The polls were showing that Howard Dean was way ica that those of us who have the privi- ness conversation. People seeking to lege to represent the people, whether it influence others to support their can- ahead and that his next closest com- petitor was not likely to be able to is in the White House or in the Con- didate and others that are ambivalent, gress or in the statehouse or through and some that will lay out the prin- overcome him or overtake him. And yet 3 weeks before the caucus, at least our courthouses or city hall, we face ciples that they require a candidate to the people, we answer their questions, 2 weeks, in that period of time, 2 to 3 stand for, but may not be behind the we let them evaluate the things we be- weeks before the caucus, we knew that personality of the individuals. lieve in and we let them evaluate our Howard Dean was not going to win the And there are components of this work ethic and our value system, and Iowa caucus. He might have won the statewide conversation that have to do then they make the decision. It is up to nomination elsewhere, but we knew he with anecdotes about each of the Presi- the people. dential candidates, how they conducted wasn’t going to win the Iowa caucus. So I am a great fan of this caucus themselves in private. Maybe they We could tell on the streets of Iowa. process. I will do all I can to protect went to a barbecue someplace in Iowa People were starting to walk away and preserve it, because I do not want County and when nobody was looking, from and back away from Howard to see an America that is simply a paid they got up and cleaned off the table Dean. media nomination and a paid media and helped out. Or maybe they got mad Mr. Speaker, I don’t come here to campaign that insulates Presidential at a staff aide and cut loose and yelled speak ill of the individual. He set a new candidates from the people and perhaps at them behind the curtain and the standard and certainly made a name launches somebody off to be President stage when they thought nobody was for himself in the State and across who might not meet that test if they listening. And maybe they walked off America. And many, many Iowans had had to look you or me in the eye. That with some young kids when intense the opportunity to meet Howard Dean. is what the caucus does. conversations were going on about pol- But I think that the conclusion that On the Republican side of this in the icy and sat down over by the lake and they drew and the reason that they Iowa caucus, Mr. Speaker, we are eval- had a conversation about God and didn’t show up in the Democrat caucus uating a lot of different components, country with young impressionable where you have to stand up and say, and we have watched the polls sort children that won’t be voting for that I’m for Howard Dean, all of us that are some of this through. We have some candidate. They might be leaders of for him, come gather around here, we’ll very good people there that stand solid this country at a future time. They count our bodies and that will be the on the issues. Some people with whom might have invested in young people number of people that showed up to I stand alongside on the floor of the instead of likely caucus-goers. support him. If there is an insufficient House of Representatives, if I put down All of these little anecdotes get number, then we won’t be able to re- a wish list of the Presidential can- added up and transferred along and re- port support for Howard from this cau- didates, where they stand on each of told, and they become part of the per- cus. That’s the system and the rules the issues and a little box to check, we sonality, part of the evaluation of each that they have. And, truthfully, they have some people from this House run- of the Presidential candidates. did not show up to support Howard ning for President to check all my This is a statewide conversation Dean. That was not because of the boxes. They check every piece that I through e-mail, by telephone, in print scream. The scream was a result of would want to have in a Presidential media, word of mouth, things that are folks not showing up to support him, candidate. And partly due to the media said and unsaid. Most good, some nega- Mr. Speaker. I believe that Iowans and partly due to the selection process, tive. But in the end, Iowans will come came to the conclusion that Howard some of them don’t have a lot of trac- to a measure of a consensus and they Dean, of all the things he had to offer, tion right now, and it’s too bad. They will support different candidates, obvi- did not have the temperament to be deserve more of our respect. And some ously. But they will make a rec- President of the United States. I think of them have stepped forward with a ommendation. Some candidates will be that was the bottom line conclusion. solid agenda on the issues.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14242 CONGRESSIONAL RECORD — HOUSE December 5, 2007 I want to at this point, Mr. Speaker, work here, still falsify documents, still and reward them with the objective of compliment my friend TOM TANCREDO present themselves to be somebody their crimes. for making immigration the issue of they are not in order to get a job, in Well, Presidential candidates on the the day. When I first met him, I al- order to do some type of business here Republican side have all sworn off on ready knew him, I thought, because of to gain the benefits of this society. amnesty. We just don’t agree quite on the hours that he had spent on this Most of those who cross the border are what amnesty is all the way down the floor speaking into this microphone, criminals because they violated a line. And that brings me some concern. Mr. Speaker, about the importance of criminal misdemeanor, and most of But that is one of the foundational border control, about the importance those who overstayed their visas have issues that has been debated here, and of preserving our national sovereignty also violated or committed some I wanted to in the RECORD thank TOM by controlling our borders and who crime, generally document fraud, iden- TANCREDO for making sure that it is comes in the United States and who tity fraud in order to achieve access to part of this dialogue in the presidential does not, protecting the security of the our benefits or jobs here in the United race on the Republican and on the American people from the terrorists States. Democrat side of the aisle. And, TOM, from without. TOM TANCREDO has done So this is a group of people who stood you have won this debate. Now we have that job to the extent where, in the de- up and said they do not deserve am- to figure out how to implement the bate the other night, they spent 30 nesty. We do not want to reward immi- policy, but you have won this debate. minutes or more, all of the Presi- gration lawbreakers. So whether they So that is the definition of amnesty. dential candidates, debating on who jumped the border illegally or over- That is what has taken place here and would be the toughest on immigration stayed their visa, they are across Iowa and New Hampshire and and who would be the most like TOM lawbreakers. And they should not be down into South Carolina and beyond. TANCREDO. I call that a victory for TOM rewarded, because if we do, we will get I want to point out also that this TANCREDO. more of them, not less. And to grant a Presidential contest does start in Iowa I think he has implanted the issue pardon to immigration lawbreakers January 3, the first-in-the-Nation cau- that burns the most passionately with- and reward them with the objective of cus then. Immediately, within a couple in him, the immigration reform, border their crime. What was their objective? of days, on the 5th of January, it goes control, workplace enforcement, end- Well, to be in the United States for one to a convention in Wyoming. And I am ing anchor babies, the automatic citi- thing, obviously, because that is the glad for them being involved early in zenship that comes with babies of ille- definition of what they have done is the process. It’s not very much focused gal immigrants who are born here on found themselves unlawfully present in on what happens in Wyoming, but American soil. All of those components the United States. So if that is their shortly after that the following Tues- that he has worked so hard for all of objective to be in the United States, if day, January 8, just 5 days after the these years, many of which I stood on we grant them an amnesty that lets Iowa caucus, is the New Hampshire pri- this very floor and debated with him them stay in the United States, that’s mary. And we all know that is the and supported with him, and he has amnesty. We have rewarded them with first-in-the-Nation primary, and it is come forward to support me on the the objective of their crimes. Or, if significant not so much in the numbers agenda that I brought forward. I want they are here and they are working of delegates that will be achieved there to compliment TOM TANCREDO, because here unlawfully and we jigger the but in the message that it sends to the they all were there, standing there books so that we give them an oppor- rest of the country. From the 8th of seeking to out-TOM TANCREDO, TOM tunity to continue working here but we January until 7 days later on the 15th TANCREDO. And to some extent that is legalize it, we have granted them am- of January, that is when the primary is what happens in a Presidential cam- nesty because we pardoned them for in Michigan, and then on the 19th we paign when the issue that is the most their crime and we give them their ob- have the primary in South Carolina important to you is adopted by the rest jective, which is a job. Or, if they just which will take us to the fifth process. of the candidates. want to live here and utilize the social And in Nevada on the same day there is Now, it doesn’t mean they didn’t benefits of this great welfare state that a caucus. have some opinions on it. It doesn’t we have, that also could be the objec- And so the early five contests that mean that immigration wasn’t impor- tive of their crime. Or, if we let them we have, Iowa on the 3rd of January, tant to them. But what I have seen stay here in the United States and they Wyoming on the 5th, New Hampshire happen is that they understood that actually are part of that smaller per- on the 8th, Michigan on the 15th, and TOM TANCREDO was right, and they centage who do have ill will towards Nevada and South Carolina on the 19th wanted to make sure that they had a Americans or who are criminals or of January, those early races, six plank in their platform that reflected those who do smuggle drugs, those who States actually, but the major contests the view that he brings to the immi- are part of the criminal element, if will be Iowa, New Hampshire, Michi- gration issue, and generally it is a no they would be allowed to stay here as gan, South Carolina. Those will set the amnesty pledge. well, we don’t know who the criminals stage for the Florida, Alabama, Alaska I believe all the Presidential can- are and who aren’t. And the idea that if primary on the 29th. didates have taken the pledge to be op- we would just legalize them, they As this moves forward, the momen- posed to amnesty. Mr. Speaker, am- would all come forward, good guys and tum that comes from a victory in Iowa nesty is and it needs to be defined, and bad, and they all sign up and we give transcends, at least launches a can- I have done so here many times, to them a United States identification didate on the road to New Hampshire, grant amnesty is to pardon immigra- document, and then we would know asks the people in New Hampshire: tion lawbreakers and reward them with where they are and what they are doing Take another look. If you were looking the objective of their crimes. is just a false premise, Mr. Speaker. at this a different way, take another The reason that definition is that The standard is Presidential can- look and see. There was a reason way is because those who come into didates on the Republican side need to Iowans made the decision that they the United States across the border il- oppose amnesty. Presidential can- did. Do you agree with them or do you legally are criminals. They are guilty didates on the Democrat side, I think not agree with them? And I don’t want of the criminal misdemeanor of illegal we know, they have been fairly consist- to stir up any contrarian attitude on entry into the United States. And ently for amnesty if I read their state- the part of the New Hampshirites. I those who overstay their visas are un- ments correctly, and I believe I do. If I have great relationships with the peo- lawfully present here in the United am incorrect on that, I would hope ple and I would love to be up there with States, and they are generally guilty of that one or all of the Democrats would your primary. I really would. But this a civil misdemeanor of overstaying step forward and sign off on the ‘‘no process; it is a process of momentum, their visa. But most of them, and I will amnesty’’ pledge. I am happy to put it is a process of selection. And as say those who are unlawfully present the amnesty definition in print. And, if Iowans measure the character of the and many of those who are lawfully you are listening, to grant amnesty is Presidential candidates and as they go present and it is not lawful for them to to pardon immigration lawbreakers to the caucus on the night of the 3rd of

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14243 January, that message will be heard cording to our civil law in this coun- that’s why marriage is so important around the country and around the try. It’s marriage according to the De- that we have Presidential candidates world. And those who have not then fense of Marriage Act at the Federal that understand this. made a decision on who they support level. It’s marriage according to the The next issue that I mentioned is will be taking another look. Some who Defense of Marriage acts in all States the war on terror. And we know that have made a decision might be reas- except Massachusetts, if I have that here in this city we were attacked on sessing. chart correct, and it’s between a man September 11, 2001. We’ve been con- So I would ask this. Let’s evaluate and a woman. And it’s protected in the ducting this global war on terror since their character, their work ethic, their Constitutions of 27 States in America. that time, and particularly with oper- personalities, how they handle them- We don’t have a difficulty under- ations within Iraq and Afghanistan. selves in a time of stress or a time of standing what marriage is. It’s between And who would have dreamed that on relaxation. Let’s do that. But I like to a man and a woman. And yet we have that day, September 11, we didn’t think look at this as a matter of principle, activists in the country that are using we’d get through the afternoon without and I would ask that these Presidential our courts to try to redefine marriage. being attacked again, let alone all of candidates be those who carry with I would submit that if you believe these 6 years and 3 months since that them the convictions on a series of differently than me, come to this Con- period of time. No one would have be- issues that I think are important to gress and make your case. If you be- lieved that this Nation would have lieve differently than the law, different the future of America. And this, Mr. been without a terrorist attack on its than the 27 Constitutions in America, Speaker, is the point for which I come soil, a significant terrorist attack on different than the Defense Marriage to this floor. this soil, at least a successful one. But Act here in the Federal statute, then The issues that I believe this Na- that has been the case because this take your case to the States and make tion’s future pivots on, the most im- President has carried this issue to the your argument there and lobby for the portant issues, among them are life, enemy. The global war against these representatives and the State senators marriage, the war on terror, illegal im- terrorists must be pursued. We cannot to redefine marriage if that is your migration, tax reform, second amend- cut and run. We cannot decide to pull wish, if that is your will, if that is your ment, health care, and national sov- our troops back to the horizon. We conviction. That is how it’s done in ereignty. can’t wake up tomorrow morning and this country. But when we hand over Of that list of issues that I have laid decide the horizon is Okinawa. We have decisions to the courts when we know out here, Mr. Speaker, I will start with a responsibility to defend this country that we don’t have the support of the life, and that is innocent unborn in this global war on terror. And I be- people, then the people who hire the at- human life. In particular, life from its lieve, Madam Speaker, that at least torneys to take these suits to the natural beginnings, which is from fer- the Republican candidates and prob- courts are asking for an activist judge tilization/conception until natural ably the Democrat candidates will de- that will overturn the will of the peo- death. The human life is sacred in all fend this Nation in this global war on ple, will overturn the Constitution and of its forms. It begins and ends as I terror, some more aggressively, some overturn the State law or the Federal have described. Do the Presidential with more insight, some with a vision law, as the case may be, that’s when we candidates understand that and believe towards a final victory, some reluc- get strife, that’s when we get stress in that? Or, I would ask them if they did tantly because they don’t really be- this country. That’s when we get do- not, then to them I would say, when lieve that this is a war that we’re mestic conflict in America is when the did your life begin? fighting. Some kind of think on the judges make the laws. But when the other side that we just need to under- b 2000 people’s voice is heard, we accept that stand why they hate us and maybe we Mine began at conception. When did as the will of the people and we move can take away the reasons for the hate. your life begin? on. But we have to fight this war on terror, Madam Speaker, I believe that every If you believe differently than me, I and our Republican candidates all will, American that’s going to have an opin- believe marriage is between a man and to one degree or another, a little bit of ion on policy needs to ask themselves a woman. I believe Iowa must pass a difference in methodology, but they’ll that very question. When did your life constitutional amendment now to fix a fight this war on terror. begin? Mine, I believe, began at that wrong that was committed, I believe, moment of conception. I believe that’s by an activist judge. I think we have to I mentioned the illegal immigration when I was blessed with a soul, and I do that to preserve this oldest institu- and how important that is. It changes have a destiny like all of us, and we’re tion between people, this institution of our destiny, Madam Speaker. all created in God’s image and we have marriage that goes back to the Garden And then the next component of this a duty. And from whom much is given, of Eden and Adam and Eve, before is tax reform. Now, there are people much is required. And so the issue of original sin and before the great flood, here in this Congress that believe that life is an essential component, and I and has survived all of that time. And through money management, through will say the most important issue in now, here in this era, I am to believe tax management, regulation manage- this race or any race because that tells that we’re enlightened and we can look ment, access to tax revenue and hand- us the quality and the character and at this differently, that all of human ing that money out, that we can engi- the integrity and the faith, the core experience, all of human history, and neer this entire society, that we can faith of the Presidential candidates, the Constitution and the law and our socially engineer in America with a tax how they view this subject. faith can all be set aside because we policy, that if we just set our tax struc- The second issue is marriage. And have modern-day people who want ture right, we can grow the businesses Madam Speaker, marriage is an insti- something different. And they would that need to grow and shrink the busi- tution that I believe is a sacrament. upset all of that for what? For their nesses we’d like to shrink and reward It’s a blessing that’s given to us from wish, for their will, when there are pro- the people that need to be rewarded God. Adam and Eve were joined to- visions that can be made within cur- and punish the people that need to be gether before original sin. Marriage is rent law to make sure that people have punished. Some people think that as old as man and woman itself. It’s a the things in life that are necessary to through tax policy you can do all of blessing too that came from God, and respect their rights. those things. I am not among them, marriage has survived original sin and So life is essential. And it’s a human Madam Speaker. I believe that tax pol- marriage has survived the great flood, life. Marriage is essential for a Presi- icy should be for the purposes of rais- and marriage has been with us for dential candidate to understand and to ing revenue, for the legitimate func- thousands of years, and it’s been de- defend it because the President sets the tions of government, for the constitu- fined as the same thing throughout, a moral standard for America, and the tionally legitimate function of govern- man and a woman joined together in words that are uttered by a President ment and nothing else; that we should holy matrimony. That’s marriage, ac- either raise the standards or lower the not have a thought about if we reward cording to our faith. It’s marriage ac- standards. They shift the focus. And this behavior and punish this behavior

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14244 CONGRESSIONAL RECORD — HOUSE December 5, 2007 with our tax structure, that will ma- here in America. Some would disagree Well, as I look across this list, and neuver this country into a direction with me, but I’m sure that they’re having served in this Congress now for that we like better. wrong in any analysis. And one of 5 years, I come to the conclusion that We should have a tax structure that’s those reasons is because of the re- the next President, whether he’s a fair, that makes everyone a taxpayer, straint that’s in place because the peo- Democrat or Republican, will defend that rewards earning, savings and in- ple in America hold guns within their access to health care in America. I vestment and work and sweat equity. possessions, within their homes. And don’t think that there are any Ameri- We need to have a kind of a tax policy that is a silent deterrent against the cans that are in danger of losing their that takes the tax off of all produc- emergence of tyranny. And while that’s access to health care under any policy tivity in America and puts it on con- going on, we’re deterring tyranny, and that’s advocated by a Republican or a sumption. If we do that, and I would re- we’re protecting our homes and we get Democrat. It might come in a different mind you, Madam Speaker, that the to enjoy target shooting and hunting form from the Democrat side of the Federal Government has the first lien and collecting. aisle. It would be universal socialized on all productivity in America. If And by the way, if you go over to the medicine. That’s clearly in the debate you’re going to produce in this coun- Smithsonian, Madam Speaker, you can platform and there’s no one over there try, if you punch the time clock at 8:00 walk through the collection of firearms that disagrees. They’re all talking on Monday morning, or if you go col- that are there and track the history of about how they would provide social- America, as the history of America is lect the interest on your passbook sav- ized medicine, not whether. ings account, or if you sell the farm written within the firearms that have and you take the capital gains and you defended the balance of our freedoms, b 2015 roll it over and you invest it into a fac- and without that defense, the ability to That’s not a disagreement. On the tory with a production line and higher defend our freedoms, none of the rest of Republican side, there is discussion workers, wherever there’s production, this holds together. So the second about this, and I don’t know Repub- wherever there is a return on an in- amendment becomes an essential eval- lican candidates that support social- vestment, the Federal Government has uation and how it’s defended by a Pres- ized medicine. Some have varying de- the first lien. And Ronald Reagan said idential candidate. grees on how they would approach this, And health care is an issue that we what we tax, we get less of. And so we but all would ensure that all Ameri- are constantly churning and it will be hear with our tax policy, tax every- cans have access to health care. an issue in the next Presidential race. So I don’t think health care becomes thing that produces and nothing that It is today in the caucus and in the pri- consumes. Well, little of what is con- the deciding issue by which I should mary, both among Democrats and Re- throw my support behind an individual sumed. And tax reform is a big issue. publicans, how would these Presi- It’s important. And I’ll get back to Presidential candidate. It’s important. dential candidates deal with health We’ll debate it, we’ll protect it, we’ll that perhaps a little bit later, Madam 1 care. And it is ⁄7 of our economy that preserve it, and hopefully we’ll make it Speaker. is consumed in health care, Madam One of the other issues that I men- better. And I bring some ideas to this Speaker. That’s a significant percent- Congress that I hope can get imple- tioned that we want to make sure we age. And I’ll come back to that perhaps mented, along with many of my col- can evaluate Presidential candidates in in a moment. leagues. I had a meeting this morning, is the second amendment. Our gun But I wanted to mention the last rights, and if we look back in our Con- issue, which is our national sov- as a matter of fact. So I will set health stitution under the second amendment, ereignty. And this national sovereignty care off on the side and I will say it’s clearly, that we are guaranteed an in- issue is one that we give away if we not in jeopardy. I think that all Presi- dividual right to keep and own fire- don’t control our borders. If we simply dential candidates will preserve and arms. A well-regulated militia being have 2,000 miles on the southern border protect access to health care. necessary to a free state, the right of and 4,000 miles on the northern border Then I look at the war on terror and the people to keep and bear arms shall and open seashores on the Atlantic and also come to the same conclusion that, not be infringed. That’s the second on the Pacific, and people that want to on the Republican side at least, all amendment, Madam Speaker. come to America come, and those that Presidential candidates will continue There’s a case before the United want to go certainly are always free to to conduct this war on terror. We un- States Supreme Court that will come leave, Madam Speaker, that is no sign derstand who our enemy is far better up perhaps in March of next year, and of sovereignty. No nation that doesn’t today than we did 6 years and 3 months we will get the first decision of the Su- protect its borders will long be a na- ago and we will understand our enemy preme Court on that question, I be- tion. And if we do not protect our bor- better a year from now. And the next lieve, in 70 years. But we need a Presi- ders, if people flow back and forth at President of the United States will un- dent that will defend that right to keep will, if they carry goods and contra- derstand this enemy better than we did and bear arms. band back and forth across the border 4 years ago, and certainly 8 years ago. And I would remind the body, Madam at will, we are no longer a sovereign But I believe that this Congress sup- Speaker, that the right to keep and nation. We’re just a location where ports this global war on terror. It’s a bear arms is not a right for self-defense people do business and trade, whether battle. You brought 40 resolutions specifically. It wasn’t written for that it’s legitimate or illegitimate. This na- against us, but the American people reason. It isn’t necessarily a right to tional sovereignty has an essential are going to continue to defeat this go out and target shoot or to hunt. component, and it must be part of our enemy that is seeking to kill us. I be- Those things that I’ve mentioned, self- decision-making process as we evaluate lieve the next Republican will do the defense, hunting, target shooting, col- the Presidential candidates. same. And I think it’s a matter of de- lecting firearms, all of those things are And so, Madam Speaker, as we come bate and degrees; whether Rudy fringe benefits to the real reason for to this, I began to ask these questions. Giuliani would have the most insight the second amendment. The real reason How do I sort these issues? And what and be the most aggressive or whether we have a right to keep and bear arms stands out as the essential components JOHN MCCAIN would have the most in- is because our forefathers feared tyr- of this decision-making process? And sight and be the most aggressive. There anny, and they understood that a well- I’ll read through this list again. Life, are strong convictions on the part of armed populace would not capitulate marriage, the war on terror, illegal im- Mitt Romney or Fred Thompson or to a military state, that a dictator migration, tax reform, the second Mike Huckabee, would all stand up to could not emerge and herd the people amendment, health care, protecting this foe, would all work to defeat our like sheep at the point of a bayonet if our national sovereignty. How do these enemies, would all narrow the laser the people themselves had guns. That’s top Presidential candidates on the Re- beam down on Osama bin Laden and on the philosophy that’s behind the sec- publican side, how do they shake out al Qaeda. And I think all would work ond amendment. And you’ll notice in when I evaluate where they stand on to promote our American values over- the last 200-and-some years, we haven’t these issues and what are the most im- seas so that the people over there un- had a single tyrant emerge as a leader portant? derstand that we want to help them rid

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14245 themselves of the habitat that breeds amending the Constitution by their de- have clearly supported our amnesty that kind of terror. I think that hap- cisions, are the nine Justices of the Su- policy. And the Senator from Arizona pens. preme Court. The next President has to has a policy such that has his name on So I think I can put health care over understand that. And he cannot ask it, or at least did have, the McCain- on the side and say it’s not at risk in the question of the potential nominees Kennedy. And some of that has this nomination. Americans are going for the Court, are you pro-life or are changed, but the debate is the same to be okay. We can debate this in Con- you pro-choice? Are you pro-marriage and the policy is the same. It is am- gress on how we want to move forward or are you pro gay marriage? They nesty. He served America honorably for with it, but let’s set it off on the side can’t ask that question because that every day of his adult life, and I have because we’re going to be all right with would interfere with the confirmation profound respect for Senator MCCAIN. it. Let’s set the global war on terror off process. It would interfere with the de- He and I disagree on the amnesty issue on the side because I believe that all cision-making process. And, in fact, I and on the border. And I think that our Presidential candidates will fight that. don’t ask those questions of the judges national sovereignty and the destiny of And as I take these issues on down myself because I know they have to America is turned if we don’t uphold then, the second amendment is another make a decision on the case that’s be- the rule of law. one. It’s important. It’s essential. We fore them. We would be asking them to I’m concerned about the mayor of a need to protect our right to keep and make a decision on a case that hasn’t sanctuary city, Rudy Giuliani, who has bear arms, and yet this Congress will been written or presented to them, per- essentially presided over a city that protect our second amendment rights. haps. the ‘‘broken windows’’ policy is won- The courts, I believe we will discover in But they need to be the kind of jus- derful. It set a standard and cleaned up March, or if the decision comes down tices that have profound and reverent a city, but it did not preserve and pro- the following June, that they will have respect for this Constitution, for its tect the rule of law when it came to protected our second amendment meaning, for its guarantee. Because in immigration. This Nation cannot be rights and written for a long time a de- it is the guarantee of our rights and sustained if we don’t uphold the cen- finitive word on the meaning and the our freedom like none other on the face tral pillar of American exceptionalism, understanding of the second amend- of this Earth. And we cannot have a the rule of law. Those things weigh ment to be consistent with our histor- justice, or five of the nine, that decide heavy in my head and on my heart and ical readings and understanding and they want to social engineer by the de- on my instincts when it comes to the the text of the Constitution. I think cisions that they make. evaluation process. that happens. And I think, even with This next President must understand It weighs heavy on me that the State an unfriendly President on the second this, must have advisers that will of Arkansas, to some degree, has be- amendment, I think that this Congress probe into the potential nominees, and come a sanctuary State because of the in the end protects our second amend- must come down with nominations of promotion there of the DREAM Act. ment rights. So as much as I believe in the kind of quality that we see in Jus- Now, it has a nice name, but what it is the second amendment, I think I can tice Roberts, Justice Alito, two stellar is scholarships for illegals to go to col- set that over on this side with the war appointments to the Supreme Court lege. And also opposition there for a on terror and with health care, those made by President Bush. If we can con- ban on tax dollars going to welfare to three in that category, that we can tinue down that line, we will eventu- illegals. People that are unlawfully protect and defend this another way. ally see the justices in the lower courts present in the United States, the ques- But what does it take a President to start to respect the text of the Con- tion needs to be asked and answered to do? What will the next President do stitution, too. And then, in my perfect each of these Presidential candidates, that will turn the destiny of the United world, they will start to teach the Con- and I would implore you, you have this States the most profoundly for the stitution in con law in law school in- opportunity in places like Iowa, New good, or miss that opportunity by tak- stead of teaching off the case law. I Hampshire and South Carolina, ask ing a wrong turn and never being able know some of you do. Many do not. these Presidential candidates, what to get back to the interstate again? And that is essential. would you do with the people here in And I believe the next President will So the issues for the next President the United States who are unlawfully make probably two appointments to to understand and promote and embody here, whether they came across ille- the Supreme Court, maybe more, and are the appointments to the Supreme gally on the border or overstayed their these will be significant appointments Court being essential, that they be visa, how would you deal with them? to the Court. originalists, within the vein of Roberts Would you send them home, or I think it’s imperative that we elect and Alito. I want those decisions to wouldn’t you, if they had broken no a President who understands that the come down on the Constitution, not on other laws? And if the answer is, well, nominees to the Supreme Court must their will or their whim of what the we can make some other accommoda- be originalists, they must be policy should be; not in some legal con- tion, or I would send them to college textualists, they must be the kind of tortionist approach to try to arrive at under a scholarship program, or I jurists who read the Constitution and a conclusion that fits their social lib- would grant them a path to citizenship, understand that the Constitution eralism. I want a justice that can all of those things are amnesty. means what it says, means the text maybe come to a conclusion that, even If we don’t have the will to send peo- that’s in the Constitution. They must though they disagree with the policy ple home when we encounter them on be the kind of judiciary that look at that unfolds, the Constitution says so, the streets of America through our the Constitution and understand that they must follow it. That becomes the local law enforcement, for example, if we need to evaluate it within the origi- most important thing. And life and we don’t have the will to send them nal understanding of the Constitution marriage do hang in the balance on home, then we cannot have an immi- because, without that, without that, but those decisions will be made gration policy that is established here originalism, without textualists, with- off the Constitution in my future by the people in America. Our immi- out the original intent of the Constitu- world, not off the whim of the policy gration policy will be driven by people tion as the foundational criterion for because we wish it so. in foreign countries that, some who determining the constitutionality of So as I look down through this list, drive here, some who take a boat here, current law, without that, the Con- life and marriage, wrapped up in the some who fly here, but they come to stitution is no guarantee at all, except original understanding of the Constitu- America and do what they want to do, a guarantee to the justices to be able tion, that being, I think, the most im- and then we have Presidential can- to manipulate their decisions to move portant, and then the issue of our na- didates out there that would adjust our this society in the direction they tional sovereignty wrapped up within national policy to accommodate their choose, as if they were legislators. the immigration issue, who will defend wish, their will, their whim against the The last people that should be our borders? Who is strong and who is wishes of the American people, against amending our Constitution, whether silent? And as I evaluate the Presi- the rule of law. I think that weighs literally amending it or de facto dential candidates, there are some who heavily when we make decisions on

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14246 CONGRESSIONAL RECORD — HOUSE December 5, 2007 who we support for President, weighs who are wondering. But what it comes Mr. LUCAS (at the request of Mr. heavily if they have supported am- down to is life, marriage and our na- BOEHNER) for today after 2:30 p.m. and nesty, and weighs heavily if they’ve ad- tional sovereignty as viewed through the balance of the week on account of vocated policies like sanctuary cities, whether we will protect our borders. a family commitment. if they’ve presided over sanctuary cit- Ask yourselves: Do these Presi- f ies. It weighs heavily if protecting that dential candidates understand these central pillar of American issues? What is their focus on life and SPECIAL ORDERS GRANTED exceptionalism, rule of law, has been marriage? What confidence do you have By unanimous consent, permission to sacrificed to a whim because of a heart in their judicial appointments all the address the House, following the legis- taking over where the head needs to way down the line? But ask yourselves, lative program and any special orders rule. We need to have tough love or we where are they in the end? Are they for heretofore entered, was granted to: will be sacrificing the rule of law. And or against amnesty? Do they stand up (The following Members (at the re- I am quite concerned that we have a se- for amnesty, as I have defined it, or do quest of Ms. WOOLSEY) to revise and ex- ries of Presidential candidates that they redefine it for their own purpose tend their remarks and include extra- won’t hold their ground on that issue because their heart leads their head? neous material:) because holding their ground on the I hope you make some sound deci- Ms. WOOLSEY, for 5 minutes, today. immigration issue holds our ground on sions and make a solid recommenda- Mr. DEFAZIO, for 5 minutes, today. the sovereignty issue. tion to America. I thank you for your Ms. WATSON, for 5 minutes, today. Now, if they would make the right attention tonight, Madam Speaker. Ms. KAPTUR, for 5 minutes, today. appointments to the Supreme Court, f Mr. MEEK of Florida, for 5 minutes, that’s going to be, to some degree, a re- today. deeming characteristic, but in the end, RECESS Mr. STUPAK, for 5 minutes, today. the right appointments to the Supreme The SPEAKER pro tempore (Ms. (The following Members (at the re- Court and the sacrifice of our national JACKSON-LEE of Texas). Pursuant to quest of Mr. WALDEN of Oregon) to re- sovereignty and the importation of clause 12(a) of rule I, the Chair declares vise and extend their remarks and in- every willing traveler changes forever the House in recess subject to the call clude extraneous material:) the face of America. We have a unique of the Chair. Mr. POE, for 5 minutes, December 12. American character, a unique Amer- Accordingly (at 8 o’clock and 30 min- Mr. JONES of North Carolina, for 5 ican spirit. We have a vitality here, utes p.m.), the House stood in recess minutes, December 12. much of which comes from having subject to the call of the Chair. f skimmed the cream of the crop off the f donor civilizations through the process SENATE BILLS REFERRED of a legal immigration policy, and we b 2352 Bills of the Senate of the following have such a massive illegal policy that AFTER RECESS titles were taken from the Speaker’s we can no longer have a debate in this table and, under the rule, referred as Congress on a legal immigration pol- The recess having expired, the House follows: was called to order by the Speaker pro icy. We need a President to lead us out S. 863. An act to amend title 18, United tempore (Mr. WELCH of Vermont) at 11 of that, not a President that leads us States Code, with respect to fraud in connec- into that mess even further. o’clock and 52 minutes p.m. tion with major disaster or emergency funds; To think of the idea of another 4 or 8 f to the Committee on the Judiciary. years of hypercompassionate conserv- S. 1327. An act to create and extend certain REPORT ON RESOLUTION PRO- atism that would grant a DREAM Act temporary district court judgeships; to the VIDING FOR CONSIDERATION OF scholarship to people who are here ille- Committee on the Judiciary. SENATE AMENDMENTS TO H.R. 6, gally, or grant paths to citizenship to f ENERGY INDEPENDENCE AND reward people who are unlawfully SECURITY ACT OF 2007 ENROLLED BILL SIGNED present here in the United States, that would not uphold the rule of law, un- Mr. HASTINGS of Florida, from the Ms. Lorraine C. Miller, Clerk of the dermines our sovereignty, what Amer- Committee on Rules, submitted a priv- House, reported and found truly en- ica do we have left? ileged report (Rept. No. 110–474) on the rolled a bill of the House of the fol- If we have a court that would pre- resolution (H. Res. 846) providing for lowing title, which was thereupon serve life and marriage, but we don’t consideration of the Senate amend- signed by the Speaker: have a national sovereignty that’s pro- ments to the bill (H.R. 6) to reduce our H.R. 1429. An act to reauthorize the Head tected because the heart of a presi- Nation’s dependency on foreign oil by Start Act, to improve program quality, to dential candidate ruled over their head, investing in clean, renewable, and al- expand access, and for other purposes. then we sacrifice our sovereignty and ternative energy resources, promoting f our destiny. new emerging energy technologies, de- ADJOURNMENT So, Mr. Speaker, I submit this: Look veloping greater efficiency, and cre- through the list of the issues that mat- ating a Strategic Energy Efficiency Mr. HASTINGS of Florida. Mr. ter, life, marriage, the war on terror, and Renewables Reserve to invest in al- Speaker, I move that the House do now illegal immigration, tax reform, the ternative energy, and for other pur- adjourn. second amendment, health care, and poses, which was referred to the House The motion was agreed to; accord- our national sovereignty. Look at Calendar and ordered to be printed. ingly (at 11 o’clock and 53 minutes p.m.), the House adjourned until to- those issues that we can put over to f the side and say, we can protect them morrow, Thursday, December 6, 2007, at and promote them here from Congress LEAVE OF ABSENCE 10 a.m. and we think all the Presidential can- By unanimous consent, leave of ab- f didates will stand behind them, and sence was granted to: EXECUTIVE COMMUNICATIONS, those would be the war on terror, the Mr. HINOJOSA (at the request of Mr. ETC. tax reform issue, which probably HOYER) for today and December 4. Under clause 8 of rule XII, executive doesn’t change our destiny right now, Ms. HOOLEY (at the request of Mr. communications were taken from the but we can put that off on the side be- HOYER) for December 4, 5, and 6 on ac- cause I just think that it’s not a des- count of medical reasons. Speaker’s table and referred as follows: tiny changer at this moment. The sec- Ms. JACKSON-LEE of Texas (at the re- 4230. A letter from the Congressional Re- view Coordinator, Department of Agri- ond amendment we will protect here in quest of Mr. HOYER) for today until 7 culture, transmitting the Department’s final this Congress. It’s important, but we’ll p.m. rule — Importation of Unshu Oranges From protect it. Health care is important, Mr. ORTIZ (at the request of Mr. the Republic of Korea into Alaska [Docket but we’ll protect it. It’s not constitu- HOYER) for today after 3 p.m. on ac- No. APHIS-2006-0133] (RIN: 0579-AC20) re- tional, by the way, for those of you count of an event in the district. ceived October 25, 2007, pursuant to 5 U.S.C.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE December 5, 2007 CONGRESSIONAL RECORD — HOUSE H14247 801(a)(1)(A); to the Committee on Agri- 4241. A letter from the Comptroller, De- Central Air Conditioners and Heat Pumps culture. partment of Defense, transmitting a report [Docket No. EE-RM/TP-02-002] (RIN: 1904- 4231. A letter from the Congressional Re- of a violation of the Antideficiency Act by AB55) received October 24, 2007, pursuant to 5 view Coordinator, Department of Agri- the Department of the Army, Case Number U.S.C. 801(a)(1)(A); to the Committee on En- culture, transmitting the Department’s final 06-10, pursuant to 31 U.S.C. 1351; to the Com- ergy and Commerce. rule — Imported Fire Ant; Additions to the mittee on Appropriations. 4252. A letter from the Attorney, Office of List of Quarantined Areas [Docket No. 4242. A letter from the General Counsel, Assistant General Counsel for Legislation APHIS-2007-0114] received October 25, 2007, Government Accountability Office, trans- and Regulatory Law, Department of Energy, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting report of a violation of the transmitting the Department’s final rule — mittee on Agriculture. Antideficiency Act by the Department of En- Loan Guarantees for Projects That Employ 4232. A letter from the Administrator, De- ergy during fiscal years 2006 and 2007, pursu- Innovative Technologies (RIN: 1901-AB21) re- partment of Agriculture, transmitting the ant to 31 U.S.C. 1351; to the Committee on ceived October 24, 2007, pursuant to 5 U.S.C. Department’s final rule — Walnuts Grown in Appropriations. 801(a)(1)(A); to the Committee on Energy and California; Increased Assessment Rate 4243. A letter from the Counsel for Legisla- Commerce. [Docket No. AMS-FV-07-0089; FV07-984-1 FR] tion and Regulations, Department of Hous- 4253. A letter from the Principal Deputy received October 24, 2007, pursuant to 5 ing and Urban Development, transmitting Associate Administrator, Environmental U.S.C. 801(a)(1)(A); to the Committee on Ag- the Department’s final rule — Community Protection Agency, transmitting the Agen- riculture. Development Block Grant Program; Small cy’s final rule — Procedures for Imple- 4233. A letter from the Administrator, De- Cities Program [Docket No. FR-5013-F-02] menting the National Environmental Policy partment of Agriculture, transmitting the (RIN: 2506-AC19) received September 4, 2007, Act and Assessing the Environmental Effects Department’s final rule — Fresh Prunes pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Abroad of EPA Actions [EPA-HQ-OECA-2005- Grown in Designated Counties in Washington mittee on Financial Services. 0062; FRL-8467-5] (RIN: 2020-AA42) received and in Umatilla County, OR; Decreased As- 4244. A letter from the Counsel for Legisla- September 11, 2007, pursuant to 5 U.S.C. sessment Rate [Docket No. AMS-FV-07-0087; tion and Regulations, Department of Hous- 801(a)(1)(A); to the Committee on Energy and FV07-924-1 FIR] received October 24, 2007, ing and Urban Development, transmitting Commerce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule — Model Manu- 4254. A letter from the Principal Deputy mittee on Agriculture. factured Home Installation Standards [Dock- Associate Administrator, Environmental 4234. A letter from the Administrator, De- et No. FR-4928-F-02] (RIN: 2502-AI25) received Protection Agency, transmitting the Agen- partment of Agriculture, transmitting the October 31, 2007, pursuant to 5 U.S.C. cy’s final rule — Nonroad Diesel Technical Department’s final rule — National Organic 801(a)(1)(A); to the Committee on Financial Amendments and Tier 3 Technical Relief Program, Sunset Review [Docket Number Services. Provision [EPA-HQ-OAR-2007-0652; FRL-8467- AMS-TM-06-0222; TM-04-07FR] (RIN: 0581- 4245. A letter from the Legal Information 2] (RIN: 2060-AO37) received September 11, AC51) received October 24, 2007, pursuant to 5 Assistant, Department of the Treasury, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the U.S.C. 801(a)(1)(A); to the Committee on Ag- transmitting the Department’s final rule — Committee on Energy and Commerce. 4255. A letter from the Principal Deputy riculture. Fair Credit Reporting Affiliate Marketing Associate Administrator, Environmental 4235. A letter from the Administrator, De- Regulations [Docket ID. OCC-2007-0010] (RIN: Protection Agency, transmitting the Agen- partment of Agriculture, transmitting the 1557-AC88) received November 26, 2007, pursu- cy’s final rule — Comprehensive Procure- Department’s final rule — Raisins Produced ant to 5 U.S.C. 801(a)(1)(A); to the Committee ment Guideline V for Procurement of Prod- From Grapes Grown in California; Final Free on Financial Services. ucts Containing Recovered Materials [EPA- and Reserve Percentages for 2006-07 Crop 4246. A letter from the General Counsel, HQ-RCRA-2003-0005; FRL-8468-3] (RIN: 2050- Natural (sun-dried) Seedless Raisins [Docket National Credit Union Administration, AE23) received September 11, 2007, pursuant No. AMS-FV-07-0027; FV07-989-1 FIR] re- transmitting the Administration’s final rule to 5 U.S.C. 801(a)(1)(A); to the Committee on ceived October 24, 2007, pursuant to 5 U.S.C. — Requirements for Insurance — received Energy and Commerce. 801(a)(1)(A); to the Committee on Agri- September 12, 2007, pursuant to 5 U.S.C. 4256. A letter from the Principal Deputy culture. 801(a)(1)(A); to the Committee on Financial Associate Administrator, Environmental 4236. A letter from the Administrator, De- Services. Protection Agency, transmitting the Agen- partment of Agriculture, transmitting the 4247. A letter from the Director, Child Nu- cy’s final rule — Revisions to the California Department’s final rule — 2007 Crop Cotton trition Division, Department of Agriculture, State Implementation Plan, Mojave Desert Classification Services and User Fees to transmitting the Department’s final rule — Air Quality Management District [EPA-R09- Growers [Docket Number: AMS-CN-07-0060; Afterschool Snacks in the Child and Adult OAR-2007-0276; FRL-8456-4] received Sep- CN-07-003B] (RIN: 0581-AC75) received Octo- Care Food Program — received August 14, tember 11, 2007, pursuant to 5 U.S.C. ber 24, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Energy and to the Committee on Agriculture. Committee on Education and Labor. Commerce. 4237. A letter from the Administrator, De- 4248. A letter from the Assistant Secretary, 4257. A letter from the Director Office of partment of Agriculture, transmitting the Department of Education, transmitting the Congressional Affairs, Nuclear Regulatory Department’s final rule — Domestic Dates Department’s final rule — Technical Assist- Commission, transmitting the Commission’s Produced or Packed in Riverside County, CA; ance on Data Collection—Technical Assist- final rule — National Source Tracking of Decreased Assessment Rate [Docket No. ance Center for Data Collection, Analysis, Sealed Sources; Revised Compliance Dates AMS-FV-07-0104; FV07-987-1 IFR] received Oc- and Use for Accountability in Special Edu- (RIN: 3150-AI22) received October 23, 2007, tober 24, 2007, pursuant to 5 U.S.C. cation and Early Intervention — received pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Agri- August 8, 2007, pursuant to 5 U.S.C. mittee on Energy and Commerce. culture. 801(a)(1)(A); to the Committee on Education 4258. A letter from the Assistant Secretary 4238. A letter from the Administrator, De- and Labor. for Legislative Affairs, Department of State, partment of Agriculture, transmitting the 4249. A letter from the Assistant Secretary, transmitting a six-month periodic report on Department’s final rule — Raisins Produced Employee Benefits Security Administration, the national emergency with respect to the From Grapes Grown in California; Use of Es- Department of Labor, transmitting the De- proliferation of weapons of mass destruction timated Trade Demand to Compute Volume partment’s final rule — Amendment to Inter- that was declared in Executive Order 12938 of Regulation Percentages [Docket No. AMS- pretive Bulletin 95-1 (RIN: 1210-AB22) re- November 14, 1994, and continued by the FV-07-0071; FV07-989-2 FR] received October ceived September 12, 2007, pursuant to 5 President each year, most recently on Octo- 24, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to U.S.C. 801(a)(1)(A); to the Committee on Edu- ber 27, 2006, pursuant to 50 U.S.C. 1641(c); to the Committee on Agriculture. cation and Labor. the Committee on Foreign Affairs. 4239. A letter from the Principal Deputy 4250. A letter from the Assistant Secretary, 4259. A letter from the Secretary, Depart- Associate Administrator, Environmental Department of Labor, transmitting the De- ment of the Treasury, transmitting as re- Protection Agency, transmitting the Agen- partment’s final rule — Procedures for the quired by Executive Order 13313 of July 31, cy’s final rule — Captan, 2,4-D, Dodine, Handling of Retaliation Complaints Under 2003 a six-month periodic report on the na- DCPA, Endothall, Fomesafen, Propyzamide, the Employee Protection Provisions of Six tional emergency with respect to Burma de- Ethofumesate, Permethrin, Dimethipin, and Federal Environmental Statutes and Section clared by Executive Order 13047 of May 20, Fenarimol; Tolerance Actions [EPA-HQ- 211 of the Energy Reorganization Act of 1974, 1997, pursuant to 50 U.S.C. 1641(c); to the OPP-2007-0097; FRL-8142-2] received Sep- as Amended [Docket Number: OSHA-2007- Committee on Foreign Affairs. tember 11, 2007, pursuant to 5 U.S.C. 0028] (RIN: 1218-AC25) received August 30, 4260. A letter from the Secretary, Depart- 801(a)(1)(A); to the Committee on Agri- 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment of the Treasury, transmitting as re- culture. Committee on Education and Labor. quired by Executive Order 13313 of July 31, 4240. A letter from the Acting Secretary, 4251. A letter from the Attorney, Office of 2003, a six-month periodic report on the na- Department of Agriculture, transmitting a Assistant General Counsel for Legislation tional emergency with respect to the Devel- report of a violation of the Anti-deficiency and Regulatory Law, Department of Energy, opment Fund for Iraq that was declared in Act in an account of the Commodity Credit transmitting the Department’s final rule — Executive Order 13303 of May 22, 2003, pursu- Corporation, pursuant to 31 U.S.C. 1351; to Energy Conservation Program for Consumer ant to 50 U.S.C. 1641(c); to the Committee on the Committee on Appropriations. Products: Test Procedure for Residential Foreign Affairs.

VerDate Aug 31 2005 03:30 Jan 10, 2008 Jkt 059060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\RECORD07\H05DE7.REC H05DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE H14248 CONGRESSIONAL RECORD — HOUSE December 5, 2007 4261. A letter from the Assistant Legal Ad- Arms Export Control Act, certification of a 4281. A letter from the Chief, Publications viser for Treaty Affairs, Department of proposed license for the export of defense ar- and Regulations, Internal Revenue Service, State, transmitting Copies of international ticles to international waters (Transmittal transmitting the Service’s final rule — Re- agreements, other than treaties, entered into No. DDTC 076-07); to the Committee on For- porting and Wage Withholding Under Inter- by the United States, pursuant to 1 U.S.C. eign Affairs. nal Revenue Code 490A [Notice 2007-89] re- 112b; to the Committee on Foreign Affairs. 4272. A letter from the Assistant Secretary ceived October 24, 2007, pursuant to 5 U.S.C. 4262. A letter from the Assistant Legal Ad- for Legislative Affairs, Department of State, 801(a)(1)(A); to the Committee on Ways and viser for Treaty Affairs, Department of transmitting pursuant to section 36(d) of the Means. State, transmitting Copies of international Arms Export Control Act, certification re- 4282. A letter from the Chief, Publications agreements, other than treaties, entered into garding the proposed license for the manu- and Regulations Branch, Internal Revenue by the United States, pursuant to 1 U.S.C. facture of military equipment to the Govern- Service, transmitting the Service’s final rule 112b; to the Committee on Foreign Affairs. ment of France (Transmittal No. DDTC 064- — Partnership Audit Techniques Guide — 4263. A letter from the Director, Defense 07); to the Committee on Foreign Affairs. Chapter 13 — received October 24, 2007, pur- Security Cooperation Agency, transmitting 4273. A letter from the Assistant Secretary suant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to the reporting requirements of for Legislative Affairs, Department of State, mittee on Ways and Means. Section 36(b)(1) of the Arms Export Control transmitting pursuant to section 36(c) and 4283. A letter from the Chief, Publications Act, as amended, Transmittal No. 08-14, con- (d) of the Arms Export Control Act, certifi- and Regulations Branch, Internal Revenue cerning the Department of the Navy’s pro- cation regarding the proposed technical as- Service, transmitting the Service’s final rule posed Letter(s)of Offer and Acceptance to sistance agreement for the export of tech- — Tier 1 Issue: IRC Section 118 Abuse Direc- Kuwait for defense articles and services; to nical data, defense services, and defense arti- tive #3 [LMSB– Control No: 04-1007-069] re- the Committee on Foreign Affairs. cles to the Government of Israel (Trans- ceived October 15, 2007, pursuant to 5 U.S.C. 4264. A letter from the Deputy Director, mittal No. DDTC 010-06); to the Committee 801(a)(1)(A); to the Committee on Ways and Defense Security Cooperation Agency, trans- on Foreign Affairs. Means. mitting pursuant to the reporting require- 4274. A letter from the Assistant Secretary 4284. A letter from the Chief, Publications ments of Section 36(b)(1) of the Arms Export for Legislative Affairs, Department of State, and Regulations Branch, Internal Revenue Control Act, as amended, Transmittal No. 08- transmitting pursuant to section 36(c) and Service, transmitting the Service’s final rule 10, concerning the Department of the Army’s (d) of the Arms Export Control Act, certifi- — Update for Weighted Average Interest proposed Letter(s) of Offer and Acceptance to cation regarding the proposed amendment to Rates, Yield Curves, and Segment Rates [No- the Taipei Economic and Cultural Rep- a manufacturing license agreement for the tice 2007-82] received October 15, 2007, pursu- resentative Office for defense articles and manufacture of significant military equip- ant to 5 U.S.C. 801(a)(1)(A); to the Committee services; to the Committee on Foreign Af- ment abroad and the export of defense arti- on Ways and Means. fairs. cles and defense services to the Government 4285. A letter from the Chief, Publications 4265. A letter from the Assistant Secretary of Russia (Transmittal No. DDTC 065-07); to and Regulations Branch, Internal Revenue for Export Administration, Department of the Committee on Foreign Affairs. Service, transmitting the Service’s final rule 4275. A letter from the Secretary, Depart- Commerce, transmitting the Department’s — Interest Rate Modification [Notice 2007-81] ment of the Treasury, transmitting as re- final rule — Burma: Revision of the Export received October 15, 2007, pursuant to 5 quired by section 401(c) of the National Administration Regulations [Docket No. U.S.C. 801(a)(1)(A); to the Committee on Emergencies Act, 50 U.S.C. 1641(c), and sec- 071018609-7611-01] (RIN: 0694-AE17) received Ways and Means. tion 204(c) of the International Emergency October 24, 2007, pursuant to 5 U.S.C. 4286. A letter from the Deputy Director, Economic Powers Act, 50 U.S.C. 1703(c), a 801(a)(1)(A); to the Committee on Foreign Af- Defense Security Cooperation Agency, trans- six-month periodic report on the national fairs. mitting notification that the Department in- emergency with respect to Syria that was 4266. A letter from the Director, Office of tends to use FY 2008 IMET funds for the en- declared in Executive Order 13338 of May 11, Policy and Resource Planning, Department closed list of countries, pursuant to Public 2004; to the Committee on Foreign Affairs. Law 109-102; jointly to the Committees on of State, transmitting the Department’s Fis- 4276. A letter from the Director, Office of cal Year 2007 summary of the financial activ- Surface Mining Reclamation and Enforce- Foreign Affairs and Appropriations. 4287. A letter from the Comptroller, De- ity of the Bureau of Population, Refugees, ment, Department of the Interior, transmit- partment of Defense, transmitting the De- and Migration; to the Committee on Foreign ting the Department’s final rule — Owner- partment’s notification of funding transfers Affairs. ship and Control; Permit and Application In- made during FY 2007, pursuant to Public Law 4267. A letter from the Assistant Secretary formation; Transfer, Assignment, or Sale of 109-289, section 8005; jointly to the Commit- for Legislative Affairs, Department of State, Permit Rights (RIN: 1029-AC52) received No- tees on Foreign Affairs and Appropriations. transmitting pursuant to Section 620C(c) of vember 26, 2007, pursuant to 5 U.S.C. the Foreign Assistance Act of 1961, as 801(a)(1)(A); to the Committee on Natural f amended, and in accordance with section Resources. REPORTS OF COMMITTEES ON 1(a)(6) of Executive Order 13313, a report pre- 4277. A letter from the Director Office of pared by the Department of State and the Sustainable Fisheries, NMFS, National Oce- PUBLIC BILLS AND RESOLUTIONS National Security Council on the progress anic and Atmospheric Administration, trans- Under clause 2 of rule XIII, reports of toward a negotiated solution of the Cyprus mitting the Administration’s final rule — committees were delivered to the Clerk question covering the period August 1, 2007 Fisheries of the Economic Exclusive Zone through September 30, 2007; to the Com- for printing and reference to the proper Off Alaska; Trawl Gear in the Gulf of Alaska calendar, as follows: mittee on Foreign Affairs. [Docket No. 070213032-7032-01] (RIN: 0648- 4268. A letter from the Assistant Secretary XD26) received October 25, 2007, pursuant to Mr. FRANK of Massachusetts: Committee for Legislative Affairs, Department of State, 5 U.S.C. 801(a)(1)(A); to the Committee on on Financial Services. H.R. 3526. A bill to in- transmitting pursuant to section 36(c) of the Natural Resources. clude all banking agencies within the exist- Arms Export Control Act, certification of a 4278. A letter from the Chief, Trade and ing regulatory authority under the Federal proposed agreement for the export of defense Commercial Regulations Branch, Depart- Trade Commission Act with respect to depos- articles and services to the Governments of ment of Homeland Security, transmitting itory institutions, and for other purposes the United Kingdom and Canada (Trans- the Department’s final rule — United States- (Rept. 110–472, Pt. 1). Referred to the Com- mittal No. DDTC 062-07); to the Committee Bahrain Free Trade Agreement [USCBP-2007- mittee of the Whole House on the State of on Foreign Affairs. 0063 CBP Dec. 07-81] (RIN: 1505-AB81) received the Union. 4269. A letter from the Assistant Secretary October 11, 2007, pursuant to 5 U.S.C. Mr. DINGELL: Committee on Energy and for Legislative Affairs, Department of State, 801(a)(1)(A); to the Committee on Ways and Commerce. H.R. 3526. A bill to include all transmitting pursuant to section 36(c) of the Means. banking agencies within the existing regu- Arms Export Control Act, certification of a 4279. A letter from the Chief, Publications latory authority under the Federal Trade proposed license for the export of defense ar- and Regulations Branch Legal Processing Di- Commission Act with respect to depository ticles to international waters (Transmittal vision, Internal Revenue Service, transmit- institutions, and for other purposes; with an No. DDTC 082-07); to the Committee on For- ting the Service’s final rule — Notice of Ad- amendment (Rept. 110–472, Pt. 2). Referred to eign Affairs. ditional 2008 Transition Relief under Section the Committee of the Whole House on the 4270. A letter from the Assistant Secretary 409A [Notice 2007-86] received October 23, State of the Union. for Legislative Affairs, Department of State, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Ms. SLAUGHTER: Committee on Rules. transmitting pursuant to section 36(c) of the Committee on Ways and Means. House Resolution 836. Resolution granting Arms Export Control Act, certification of a 4280. A letter from the Chief, Publications the authority provided under clause 4(c)(3) of proposed license for the export of defense ar- and Regulations, Internal Revenue Service, rule X of the Rules of the House of Rep- ticles to the Governments of Russia and transmitting the Service’s final rule — Roo- resentatives to the Committee on Education Kazakhstan (Transmittal No. DDTC 022-07); sevelt Wallace v. Commissioner Docket and Labor for purposes of its investigation to the Committee on Foreign Affairs. Number: 4637-03 128 T.C. No. 11 (April 16, 2007) into the deaths of 9 individuals that occurred 4271. A letter from the Assistant Secretary — received October 23, 2007, pursuant to 5 at the Crandall Canyon Mine near Hun- for Legislative Affairs, Department of State, U.S.C. 801(a)(1)(A); to the Committee on tington, Utah (Rept. 110–473). Referred to the transmitting pursuant to section 36(c) of the Ways and Means. House Calendar.

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Mr. WELCH of Vermont: Committee on By Mr. CROWLEY (for himself, Mr. SHULER, Ms. SCHWARTZ, Mr. SCOTT of Rules. House Resolution 846. Resolution pro- MANZULLO, Mr. ABERCROMBIE, Mr. Georgia, Mr. SERRANO, Ms. SHEA-POR- viding for the consideration of the Senate ACKERMAN, Mr. ALLEN, Mr. ALTMIRE, TER, Mr. SHERMAN, Mr. SIRES, Mr. amendments to the bill (H.R. 6) to reduce our Mr. ANDREWS, Mr. ARCURI, Mr. BACA, SKELTON, Ms. SLAUGHTER, Mr. SMITH Nation’s dependence on foreign oil by invest- Mr. BAIRD, Ms. BALDWIN, Mr. BAR- of Washington, Mr. SMITH of New Jer- ing in clean, renewable, and alternative en- ROW, Ms. BEAN, Mr. BECERRA, Ms. sey, Mr. SNYDER, Ms. SOLIS, Mr. ergy resources, promoting new emerging en- BERKLEY, Mr. BERMAN, Mr. SPACE, Mr. SPRATT, Mr. STUPAK, Mr. ergy technologies, developing greater effi- BLUMENAUER, Mr. BOOZMAN, Ms. TANNER, Mrs. TAUSCHER, Mr. TERRY, ciency, and creating a Strategic Energy Effi- BORDALLO, Mr. BOREN, Mr. BOSWELL, Mr. THOMPSON of Mississippi, Mr. ciency and Renewables Reserve to invest in Mr. BOYD of Florida, Mr. BRADY of TOWNS, Ms. TSONGAS, Mr. UDALL of alternative energy, and for other purposes Pennsylvania, Mr. BRALEY of Iowa, New Mexico, Mr. UDALL of Colorado, (Rept. 110–474). Referred to the House Cal- Mr. BURTON of Indiana, Mr. BURGESS, Mr. UPTON, Mr. VAN HOLLEN, Ms. endar. Mr. BUTTERFIELD, Mrs. CAPPS, Mr. VELA´ ZQUEZ, Mr. WALSH of New York, CAPUANO, Mr. CARDOZA, Mr. f Ms. WASSERMAN SCHULTZ, Ms. WA- CARNAHAN, Mr. CARNEY, Mr. CARTER, TERS, Ms. WATSON, Mr. WAXMAN, Mr. PUBLIC BILLS AND RESOLUTIONS Ms. CASTOR, Mr. CHANDLER, Ms. WEINER, Mr. WELCH of Vermont, Mr. Under clause 2 of rule XII, public CLARKE, Mr. CLAY, Mr. CLEAVER, Mr. WESTMORELAND, Mr. WEXLER, Mr. COHEN, Mr. COLE of Oklahoma, Mr. WILSON of Ohio, Mr. WILSON of South bills and resolutions were introduced CONYERS, Mr. COOPER, Mr. COSTA, Mr. and severally referred, as follows: Carolina, Mr. WOLF, Ms. WOOLSEY, COSTELLO, Mr. COURTNEY, Mr. Mr. WU, Mr. WYNN, Mr. YARMUTH, Mr. By Mr. EHLERS: CRAMER, Mr. CUELLAR, Mr. YOUNG of Alaska, Mr. DOYLE, Mr. H.R. 4278. A bill to extend the temporary CUMMINGS, Mr. DAVIS of Virginia, ELLSWORTH, Mr. LAMPSON, Mr. LEVIN, suspension of duty on yttrium oxides having Mrs. DAVIS of California, Mr. LINCOLN Mr. CLYBURN, Mr. JEFFERSON, Mr. a purity of at least 99.9 percent; to the Com- DAVIS of Tennessee, Mr. DAVIS of Ala- WALZ of Minnesota, Mr. MAHONEY of mittee on Ways and Means. bama, Mr. DAVIS of Illinois, Mr. Florida, Mr. SESTAK, Mr. STARK, Mr. By Mr. CONYERS (for himself, Mr. DEFAZIO, Ms. DEGETTE, Mr. SCOTT of Virginia, Mr. MEEK of Flor- BERMAN, Mr. SMITH of Texas, Mr. DELAHUNT, Ms. DELAURO, Mr. ida, Mr. BERRY, and Mrs. LOWEY): SCHIFF, Mr. FEENEY, Mr. ISSA, Mr. DOGGETT, Mr. EDWARDS, Mr. ELLISON, H.R. 4286. A bill to award a congressional CHABOT, Mr. COHEN, Mr. KELLER, Ms. Mr. EMANUEL, Mr. ENGEL, Ms. ESHOO, gold medal to Daw Aung San Suu Kyi in rec- JACKSON-LEE of Texas, and Mr. GOOD- Mr. ETHERIDGE, Mr. FARR, Mr. ognition of her courageous and unwavering LATTE): FATTAH, Mr. FERGUSON, Mr. FILNER, commitment to peace, nonviolence, human H.R. 4279. A bill to enhance remedies for Mr. FORBES, Mr. FRANK of Massachu- rights, and democracy in Burma; to the Com- violations of intellectual property laws, and setts, Mrs. GILLIBRAND, Mr. GON- mittee on Financial Services. for other purposes; to the Committee on the ZALEZ, Mr. GORDON, Mr. AL GREEN of By Mr. EMANUEL: Judiciary. Texas, Mr. GENE GREEN of Texas, Mr. H.R. 4287. A bill to include Medicare pro- By Mrs. CUBIN (for herself, Mr. THOMP- GRIJALVA, Mr. GUTIERREZ, Mr. HALL vider payments in the Federal Payment SON of California, and Mrs. MCCAR- of New York, Mr. HARE, Ms. HARMAN, Levy Program, to require the Department of THY of New York): Mr. HASTINGS of Florida, Ms. Health and Human Services to offset Medi- H.R. 4280. A bill to amend the Federal Land HERSETH SANDLIN, Mr. HIGGINS, Mr. care provider payments by the amount of the Policy and Management Act of 1976 to pro- HILL, Mr. HINCHEY, Mr. HINOJOSA, Ms. provider’s delinquent Federal debt, and for vide death and disability benefits for aerial HIRONO, Mr. HODES, Mr. HOLDEN, Mr. other purposes; to the Committee on Ways firefighters who work on a contract basis for HOLT, Mr. INSLEE, Mr. ISRAEL, Mr. and Means, and in addition to the Commit- the Forest Service or an agency of the De- JACKSON of Illinois, Ms. JACKSON-LEE tees on Energy and Commerce, and the Judi- partment of the Interior and suffer death or of Texas, Mr. JOHNSON of Georgia, ciary, for a period to be subsequently deter- disability in the line of duty, and for other Ms. EDDIE BERNICE JOHNSON of Texas, mined by the Speaker, in each case for con- purposes; to the Committee on Natural Re- Mr. SAM JOHNSON of Texas, Mr. sideration of such provisions as fall within sources, and in addition to the Committees KAGEN, Mr. KANJORSKI, Ms. KAPTUR, the jurisdiction of the committee concerned. on Agriculture, and the Judiciary, for a pe- Mr. KENNEDY, Mr. KILDEE, Mr. KIND, By Mr. ENGLISH of Pennsylvania (for riod to be subsequently determined by the Mr. KING of New York, Mr. KIRK, Mr. himself, Mr. TOWNS, Mrs. EMERSON, LEIN ANGEVIN Speaker, in each case for consideration of K of Florida, Mr. L , Mr. and Mr. PASTOR): such provisions as fall within the jurisdic- LANTOS, Mr. LARSEN of Washington, H.R. 4288. A bill to amend title XVIII to tion of the committee concerned. Mr. LATOURETTE, Ms. LEE, Mr. LEWIS provide for coverage of annual preventive By Mr. MCCRERY: of Georgia, Mr. LIPINSKI, Ms. ZOE physical examinations under the Medicare H.R. 4281. A bill to extend the temporary LOFGREN of California, Mr. LYNCH, Program; to the Committee on Energy and suspension of duty on methyoxyacetic acid; Mrs. MALONEY of New York, Mr. Commerce, and in addition to the Committee to the Committee on Ways and Means. MARCHANT, Mr. MARKEY, Mr. MAR- on Ways and Means, for a period to be subse- By Mr. MCCRERY: SHALL, Mr. MATHESON, Ms. MATSUI, quently determined by the Speaker, in each H.R. 4282. A bill to extend the suspension of Mrs. MCCARTHY of New York, Ms. case for consideration of such provisions as duty on 2-Acetylnicotinic acid; to the Com- MCCOLLUM of Minnesota, Mr. fall within the jurisdiction of the committee mittee on Ways and Means. MCDERMOTT, Mr. MCGOVERN, Mr. concerned. By Mr. SCOTT of Virginia (for himself, MCHENRY, Mr. MCNERNEY, Mr. By Mr. FORTUN˜ O: Mr. DAVIS of Illinois, and Mr. CON- MCNULTY, Mr. MEEKS of New York, H.R. 4289. A bill to name the Department of YERS): Mr. MELANCON, Mr. MICHAUD, Mr. Veterans Affairs outpatient clinic in Ponce, H.R. 4283. A bill to amend title 18, United GARY G. MILLER of California, Mr. Puerto Rico, as the ‘‘Euripides Rubio De- States Code, to award credit toward the serv- MILLER of North Carolina, Mr. partment of Veterans Affairs Outpatient ice of a sentence to prisoners who participate MITCHELL, Mr. MOLLOHAN, Mr. MOORE Clinic‘‘; to the Committee on Veterans’ Af- in designated educational, vocational, treat- of Kansas, Ms. MOORE of Wisconsin, fairs. ment, assigned work, or other developmental Mr. MORAN of Virginia, Mr. MURPHY By Mr. MCCAUL of Texas: programs, and for other purposes; to the of Connecticut, Mr. PATRICK MURPHY H.R. 4290. A bill to amend the Homeland Committee on the Judiciary. of Pennsylvania, Mr. TIM MURPHY of Security Act of 2002 to provide for additional By Mr. ALEXANDER: Pennsylvania, Mr. MURTHA, Mrs. availability of testing facilities and equip- H.R. 4284. A bill to designate the facility of MUSGRAVE, Mr. NADLER, Mr. NEAL of ment and to extend the authority of the Sec- the United States Postal Service known as Massachusetts, Mr. NEUGEBAUER, Mr. retary of Homeland Security to carry out the Southpark Station in Alexandria, Lou- OBEY, Mr. ORTIZ, Mr. PALLONE, Mr. certain research and development projects; isiana, as the John ‘‘Marty’’ Thiels PASCRELL, Mr. PASTOR, Mr. PAYNE, to the Committee on Homeland Security. Southpark Station, in honor and memory of Mr. PEARCE, Mr. PERLMUTTER, Mr. By Mr. OBERSTAR: Thiels, a Louisiana postal worker who was PETERSON of Minnesota, Mr. PETRI, H.R. 4291. A bill to revise the authorized killed in the line of duty on October 4, 2007; Mr. PITTS, Mr. POMEROY, Mr. PRICE of route of the North Country National Scenic to the Committee on Oversight and Govern- North Carolina, Mr. RAHALL, Mr. Trail in northeastern Minnesota to include ment Reform. RAMSTAD, Mr. REYES, Mr. RENZI, Ms. existing hiking trails along Lake Superior’s By Mr. BUTTERFIELD (for himself RICHARDSON, Mr. RODRIGUEZ, Mr. north shore and in Superior National Forest and Mr. JONES of North Carolina): ROHRABACHER, Ms. ROS-LEHTINEN, and Chippewa National Forest, and for other H.R. 4285. A bill to direct the Secretary of Mr. ROSS, Mr. ROTHMAN, Ms. ROYBAL- purposes; to the Committee on Natural Re- the Interior to conduct a study of the suit- ALLARD, Mr. ROYCE, Mr. RUSH, Mr. sources. ability and feasibility of establishing the RYAN of Ohio, Mr. SALAZAR, Ms. By Mr. OBERSTAR: Northeastern North Carolina Heritage Area LINDA T. SA´ NCHEZ of California, Ms. H.R. 4292. A bill to authorize the sale of in North Carolina, and for other purposes; to LORETTA SANCHEZ of California, Ms. certain National Forest System lands in the the Committee on Natural Resources. SCHAKOWSKY, Mr. SCHIFF, Mr. Superior National Forest in Minnesota; to

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the Committee on Agriculture, and in addi- sources, and in addition to the Committee on H.R. 2564: Mr. SOUDER and Mr. DAVIS of tion to the Committees on Natural Re- Transportation and Infrastructure, for a pe- Kentucky. sources, Energy and Commerce, and Trans- riod to be subsequently determined by the H.R. 2567: Mr. LAMPSON. portation and Infrastructure, for a period to Speaker, in each case for consideration of H.R. 2593: Mr. KUCINICH. be subsequently determined by the Speaker, such provisions as fall within the jurisdic- H.R. 2610: Mr. ANDREWS. in each case for consideration of such provi- tion of the committee concerned. H.R. 2634: Mr. MEEKs of New York, Mr. sions as fall within the jurisdiction of the TOWNS, and Ms. KILPATRICK. f committee concerned. H.R. 2668: Mr. HONDA. By Mr. PAUL: ADDITIONAL SPONSORS H.R. 2695: Mr. HAYES and Mr. SCOTT of H.R. 4293. A bill to amend the Internal Rev- Georgia. enue Code of 1986 to allow an above-the-line Under clause 7 of rule XII, sponsors H.R. 2744: Ms. ROYBAL-ALLARD, Mr. deduction for State and local, and foreign, were added to public bills and resolu- COSTELLO, Mr. DINGELL, and Mr. UDALL of real property taxes; to the Committee on tions as follows: New Mexico. H.R. 2784: Mr. HINOJOSA and Mrs. WILSON of Ways and Means. H.R. 82: Mrs. CHRISTENSEN, Ms. TSONGAS, New Mexico. By Mr. PRICE of North Carolina (for and Mr. DUNCAN. H.R. 2802: Mr. THOMPSON of California. himself, Mr. SHAYS, Mr. VAN HOLLEN, H.R. 549: Mr. WELCH of Vermont and Mr. H.R. 2864: Mr. KANJORSKI. Mr. CASTLE, Mr. EMANUEL, and Mr. ROSS. H.R. 2914: Ms. SOLIS. PLATTS): H.R. 583: Mr. KAGEN. H.R. 4294. A bill to amend the Internal Rev- H.R. 2990: Mr. RAMSTAD, Mr. LEWIS of Ken- H.R. 620: Mr. SMITH of New Jersey and Ms. enue Code of 1986 to reform the system of tucky, and Mr. WESTMORELAND. KILPATRICK. public financing for Presidential elections, H.R. 3175: Mr. SIRES. H.R. 621: Mr. BILIRAKIS. and for other purposes; to the Committee on H.R. 3212: Mr. JACKSON of Illinois and Mr. H.R. 718: Mr. JOHNSON of Georgia. House Administration, and in addition to the LEWIS of Georgia. H.R. 871: Mr. SIRES and Ms. BALDWIN. Committee on Ways and Means, for a period H.R. 3282: Mr. HONDA, Mr. ROTHMAN, and H.R. 882: Mr. MCCARTHY of California, Mr. to be subsequently determined by the Speak- Mr. GERLACH. RODRIGUEZ, Mr. BOOZMAN, and Mr. LEWIS of er, in each case for consideration of such pro- H.R. 3327: Mr. HOLT and Ms. WOOLSEY. Kentucky. visions as fall within the jurisdiction of the H.R. 3329: Mr. LYNCH and Mr. SHAYS. H.R. 989: Mr. JORDAN. committee concerned. H.R. 3337: Mr. WELCH of Vermont, Mr. H.R. 1000: Mr. GARY G. MILLER of Cali- By Mr. RYAN of Wisconsin (for him- GUTIERREZ, Mrs. TAUSCHER, Mr. LEWIS of fornia, Ms. CASTOR, and Mr. UDALL of Colo- self, Mr. HENSARLING, and Mr. Georgia, Mr. FILNER, and Mr. FRANK of Mas- rado. FLAKE): sachusetts. H.R. 1031: Mr. SCOTT of Georgia. H.R. 4295. A bill to amend title XVIII of the H.R. 3347: Ms. ZOE LOFGREN of California. H.R. 1032: Mr. HINOJOSA, Mrs. CHRISTENSEN, Social Security Act to require wealthy bene- H.R. 3348: Mr. HAYES and Mr. WELDON of Mr. GEORGE MILLER of California, Mr. COHEN, ficiaries to pay a greater share of their pre- Florida. and Mr. KUCINICH. miums under the Medicare prescription drug H.R. 3360: Mr. TOWNS and Mr. LANTOS. H.R. 1043: Mr. WELCH of Vermont. program; to the Committee on Energy and H.R. 3368: Mr. ALTMIRE, Mrs. LOWEY, Mr. H.R. 1091: Mr. MCDERMOTT. Commerce, and in addition to the Committee CONYERS, Mr. REYES, Mr. BISHOP of Georgia, H.R. 1110: Mr. SCHIFF. on Ways and Means, for a period to be subse- Ms. CARSON, and Mr. CUMMINGS. H.R. 1111: Mr. MEEKs of New York. quently determined by the Speaker, in each H.R. 3385: Ms. SCHAKOWSKY. H.R. 1112: Mr. KLINE of Minnesota. case for consideration of such provisions as H.R. 3418: Mr. HASTINGS of Washington and H.R. 1201: Mr. MCCOTTER. fall within the jurisdiction of the committee Mr. MOORE of Kansas. H.R. 1216: Mr. ANDREWS. concerned. H.R. 3430: Mr. TOWNS, Mr. MARKEY, Mr. H.R. 1237: Mr. COURTNEY, Ms. BERKLEY, Mr. By Ms. SCHWARTZ (for herself, Mr. SESTAK, Mr. PAYNE, Mr. COSTELLO, Mr. PETRI, Mr. LARSON of Connecticut, and Mr. PORTER, and Mrs. CAPPS): WYNN, Mr. BRADY of Pennsylvania, and Ms. H.R. 4296. A bill to amend title XVIII of the SCOTT of Georgia. SUTTON. Social Security Act to require physician uti- H.R. 1275: Mr. ROTHMAN. H.R. 3440: Mr. CARNEY and Ms. JACKSON- lization of the Medicare electronic prescrip- H.R. 1282: Ms. SOLIS. LEE of Texas. tion drug program; to the Committee on En- H.R. 1359: Mr. SALI and Mr. BARRETT of H.R. 3442: Mr. MELANCON, Mr. HAYES, and ergy and Commerce, and in addition to the South Carolina. Mr. CALVERT. Committee on Ways and Means, for a period H.R. 1422: Mr. WICKER. H.R. 3464: Mr. FATTAH, Mr. MURPHY of Con- to be subsequently determined by the Speak- H.R. 1497: Mr. SERRANO and Mr. GOODE. necticut, Mr. MCGOVERN, Mr. OLVER, and Ms. er, in each case for consideration of such pro- H.R. 1512: Ms. RICHARDSON. JACKSON-LEE of Texas. visions as fall within the jurisdiction of the H.R. 1518: Ms. BALDWIN. H.R. 3533: Mr. LATOURETTE. committee concerned. H.R. 1590: Mrs. GILLIBRAND. H.R. 3558: Mr. FORTUN˜ O. By Mr. SHUSTER: H.R. 1609: Ms. FOXX, Mr. RAMSTAD, Mr. H.R. 3645: Mr. WEXLER. H.R. 4297. A bill to amend the Internal Rev- GRIJALVA, Mrs. MYRICK, Mr. JACKSON of Illi- H.R. 3646: Mr. ALTMIRE. enue Code of 1986 to extend certain expiring nois, and Ms. WOOLSEY. H.R. 3660: Mr. MILLER of Florida, Mr. GER- energy conservation provisions and to pro- H.R. 1621: Mr. ENGLISH of Pennsylvania. LACH, and Mr. THOMPSON of California. vide a tax credit for certain individuals using H.R. 1711: Mr. ROTHMAN, Mr. ROSS, and Mr. H.R. 3663: Mr. CLEAVER, Mr. CLAY, Mr. home heating oil; to the Committee on Ways COHEN. OLVER, Mr. JOHNSON of Georgia, Mr. FARR, and Means. H.R. 1742: Mr. WEXLER, Mr. DAVIS of Ala- Mr. MARKEY, Mr. MCNULTY, Mr. PAYNE, Ms. By Mr. STUPAK: bama, and Mr. ISRAEL. LORETTA SANCHEZ of California, Mr. H.R. 4298. A bill to direct the Federal H.R. 1748: Mr. KLINE of Minnesota. CUMMINGS, and Mr. NADLER. Trade Commission to revise the regulations H.R. 1843: Mr. CRENSHAW, Mr. FRANKs of H.R. 3689: Mr. DAVIS of Illinois, Ms. BERK- regarding the do-not-call registry to prohibit Arizona, Mr. CONAWAY, Mr. SHADEGG, Mr. LEY, and Ms. CARSON. politically-oriented recorded message tele- RODRIGUEZ, Mr. ALEXANDER, Mr. RENZI, and H.R. 3691: Mrs. NAPOLITANO, Mr. SIRES, and phone calls to telephone numbers listed on Ms. SUTTON. Mr. SALAZAR. that registry; to the Committee on Energy H.R. 1881: Mr. TOWNS. H.R. 3752: Mr. BOUCHER, Ms. ZOE LOFGREN and Commerce. H.R. 1884: Mr. DAVIS of Illinois, Mr. ALLEN, of California, and Mr. DELAHUNT. By Mr. JOHNSON of Georgia: Mr. SIRES, Ms. SUTTON, Ms. BERKLEY, and H.R. 3753: Mr. BOUCHER, Ms. ZOE LOFGREN H. Res. 844. A resolution recognizing the Mr. TERRY. of California, and Mr. DELAHUNT. service and dedication of Dr. Daisaku Ikeda H.R. 1964: Mr. CROWLEY. H.R. 3846: Ms. SCHAKOWSKY, Mr. WATT, and and celebrating his 80th birthday; to the H.R. 1983: Mr. LATHAM. Mr. BOUCHER. Committee on Foreign Affairs. H.R. 2017: Mrs. CAPPS. H.R. 3851: Ms. GRANGER and Mr. SHAYS. By Mr. HASTINGS of Florida (for him- H.R. 2052: Mr. BUTTERFIELD. H.R. 3882: Mr. BURTON of Indiana, Mr. self, Mr. MARIO DIAZ-BALART of Flor- H.R. 2075: Mr. LATOURETTE. CAPUANO, Ms. WOOLSEY, and Mr. Rohr- ida, Mr. KLEIN of Florida, Mr. H.R. 2091: Mr. UDALL of Colorado and Mr. abacher. MAHONEY of Florida, Mr. WEXLER, DAVIS of Kentucky. H.R. 3890: Mr. BLUMENAUER and Ms. WOOL- Mr. MACK, Mr. LINCOLN DIAZ-BALART H.R. 2112: Mr. MARKEY. SEY. of Florida, Ms. ROS-LEHTINEN, Ms. H.R. 2125: Mr. BONNER. H.R. 3934: Mr. KNOLLENBERG and Ms. ZOE WASSERMAN SCHULTZ, Ms. CASTOR, H.R. 2138: Mr. HINOJOSA and Mr. WELCH of LOFGREN of California. Mr. BOYD of Florida, Mr. KELLER, Ms. Vermont. H.R. 3951: Mr. BERMAN. CORRINE BROWN of Florida, Mr. MICA, H.R. 2166: Mr. COHEN, Mr. ROSS, Mr. ROTH- H.R. 3976: Mr. LEWIS of Georgia. Mr. MEEK of Florida, Mr. BUCHANAN, MAN, and Mr. SHIMKUS. H.R. 4008: Ms. FOXX and Mr. GARRETT of and Mr. PUTNAM): H.R. 2205: Mr. THOMPSON of California. New Jersey. H. Res. 845. A resolution recognizing the H.R. 2421: Mr. LIPINSKI. H.R. 4011: Mrs. MUSGRAVE. 60th anniversary of Everglades National H.R. 2477: Ms. SCHWARTZ. H.R. 4061: Mr. MCNERNEY and Mr. DAVIS of Park; to the Committee on Natural Re- H.R. 2511: Ms. MCCOLLUM of Minnesota. Illinois.

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H.R. 4073: Mr. SHAYS. ISRAEL, Mr. BISHOP of New York, Mr. H. Res. 213: Mr. RUSH, Mr. HASTINGS of H.R. 4107: Mrs. BOYDA of Kansas. WEINER, Mr. NADLER, Mr. PATRICK MURPHY of Florida, Mr. MARKEY and Mr. STARK. H.R. 4114: Mr. ALLEN and Mr. LEVIN. Pennsylvania, Mr. ARCURI, Mr. CARNAHAN, H. Res. 333: Mr. GRIJALVA. H.R. 4116: Mr. GORDON, Mr. BRADY of Penn- Mr. WEXLER, Mr. COHEN, Mr. BERMAN, Mr. H. Res. 690: Mr. BLUNT. sylvania, Ms. BORDALLO, Mr. CULBERSON, Mr. HIGGINS, Mrs. TAUSCHER, Ms. MOORE of Wis- H. Res. 700: Ms. BERKLEY and Mr. TANNER. FOSSELLA, Mr. BOYD of Florida, Mr. WOLF, consin, Mr. ACKERMAN, Mr. MEEKs of New H. Res. 748: Mr. KLINE of Minnesota. Mr. SESSIONS, and Mr. JONES of North Caro- York, Mr. KLEIN of Florida, Mr. MAHONEY of H. Res. 768: Mr. BRALEY of Iowa, Mr. lina. Florida, Ms. SCHAKOWSKY, Mr. SHULER, Mr. COURTNEY, Mr. WELCH of Vermont, Mr. H.R. 4160: Mrs. BLACKBURN, Mr. MCCOTTER, GALLEGLY and Mr. LANTOS. PAYNE and Mr. LARSON of Connecticut. and Mr. KLINE of Minnesota. H. Con. Res. 261: Mr. CALVERT, Mr. DAVIS of H. Res. 783: Mr. BARRETT of South Carolina H.R. 4181: Mr. BROUN of Georgia, Mr. Kentucky, Mr. SNYDER, Ms. LORETTA and Mr. LINDER. FEENEY, Mr. ISSA, Mr. FORTUN˜ O, and Ms. SANCHEZ of California, Mr. SAM JOHNSON of H. Res. 800: Ms. GRANGER. FOXX. Texas, Mr. REGULA, Mr. ROGERS of Michigan, H. Res. 814: Ms. BORDALLO and Mr. H.R. 4188: Mr. DAVIS of Illinois, Mr. BAKER, Mr. LEWIS of California, Mr. CRENSHAW, Mr. GILCHREST. and Mr. BURTON of Indiana. BILIRAKIS, Mr. YOUNG of Florida, Mr. SIMP- H. Res. 819: Mr. HODES, Ms. CASTOR and Mr. H.R. 4202: Mr. PETERSON of Minnesota. SON, Mr. LATOURETTE, Mr. LATHAM, Mr. JOHNSON of Georgia. H.R. 4247: Ms. HOOLEY and Mr. COHEN. SMITH of New Jersey, Mr. LOBIONDO, Mr. H. Res. 842: Ms. WOOLSEY, Mr. SIRES, Ms. H.R. 4248: Mr. GORDON and Mr. ETHERIDGE. FRELINGHUYSEN, Mr. WHITFIELD, Mr. SCHAKOWSKY and Mr. KING of New York. H.R. 4264: Ms. ROS-LEHTINEN and Mr. STEARNS, Mr. WU, Mr. KNOLLENBERG, Mr. H. Res. 843: Mr. BURTON of Indiana, Mr. MORAN of Kansas. SMITH of Texas, Mr. MCCOTTER, Mr. BART- KELLER, Mr. DREIER, Mr. HERGER, Mr. H. J. Res. 54: Mr. HODES, Mr. BISHOP of New LETT of Maryland, Mr. DREIER, Mr. CAMP- FORTENBERRY, Mrs. MCMORRIS RODGERS, Ms. York, Mr. MELANCON, Mr. LUCAS, and Mr. BELL of California, Mr. CANNON, Mr. KING of MCCOLLUM of Minnesota, Mr. MCCAUL of HINOJOSA. Iowa, Mr. WILSON of South Carolina, Mr. Texas, Mr. BROWN of South Carolina, Mr. H. Con. Res. 176: Mr. RUSH. BOOZMAN, Mrs. BLACKBURN, Mr. GARRETT of EHLERS, Mr. BOUSTANY, Mr. GINGREY, Mr. H. Con. Res. 198: Mr. JEFFERSON, Mr. WATT, New Jersey, Mrs. CAPITO, Ms. ROS-LEHTINEN, ROHRABACHER, Mr. GOHMERT, Mr. TIAHRT, Mr. LEWIS of Georgia, Mr. ABERCROMBIE, Ms. Ms. FALLIN and Mr. JONES of North Carolina. Mr. NUNES, Mr. MARIO DIAZ-BALART of Flor- BALDWIN, Ms. MOORE of Wisconsin, Mr. H. Con. Res. 263: Mr. HERGER, Mr. MCCAR- ida, Mr. KNOLLENBERG, Mr. CANNON, Mr. STARK, Mr. AL GREEN of Texas, Mr. KEN- THY of California, Mr. ENGLISH of Pennsyl- BACHUS, Mr. PETRI, Mr. COBLE, Mr. WAMP, NEDY, Mr. GUTIERREZ and Ms. DELAURO. vania, Mr. FRANKs of Arizona, Ms. GINNY Mr. CALVERT, and Mr. DOOLITTLE. H. Con. Res. 223: Mr. YOUNG of Alaska. BROWN-WAITE of Florida, Mr. SENSEN- H. Con. Res. 244: Mr. MICA, Mr. CLAY, Mr. BRENNER, Mr. KUHL of New York, Mr. f SAM JOHNSON of Texas, Mr. BURTON of Indi- FORTUN˜ O, Mrs. MCMORRIS RODGERS and Mr. ana, Mr. YOUNG of Alaska, Mr. MCINTYRE, NEUGEBAUER. Ms. MATSUI, Mr. LOBIONDO, Mrs. MYRICK, Mr. H. Con. Res. 265: Ms. WOOLSEY and Mr. DELETIONS OF SPONSORS FROM PAUL, Mr. BROUN of Georgia, Mr. PRICE of LEWIS of Georgia. PUBLIC BILLS AND RESOLUTIONS Georgia, Mr. JOHNSON of Illinois, Mr. CASTLE, H. Res. 111: Mr. MCHENRY, Mr. FATTAH, Mr. Under clause 7 of rule XII, sponsors Mrs. MILLER of Michigan, Mr. ADERHOLT and KUCINICH, Mr. UDALL of New Mexico, Mr. were deleted from public bills and reso- Mr. HULSHOF. DENT, Ms. WOOLSEY, Mr. GONZALEZ, Mr. DOO- H. Con. Res. 255: Mr. MCNULTY, Mr. TOWNS, LITTLE, Mr. LINDER, Mr. SARBANES and Mrs. lutions as follows: Mr. HASTINGS of Florida, Mr. ROTHMAN, Mr. CAPPS. H.R. 3120: Mr. PUTNAM.

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Vol. 153 WASHINGTON, WEDNESDAY, DECEMBER 5, 2007 No. 185 Senate The Senate met at 12 noon and was U.S. SENATE, piece of legislation today, a bill that called to order by the Honorable BOB PRESIDENT PRO TEMPORE, will take a major step forward in the CASEY, Jr., a Senator from the State of Washington, DC, December 5, 2007. fight against global warming. If there Pennsylvania. To the Senate: were ever an occasion when we had to Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby unite as a country and as a world com- PRAYER appoint the Honorable ROBERT P. CASEY, Jr., munity to fight, it would be against The Chaplain, Dr. Barry C. Black, of- a Senator from the State of Pennsylvania, to the scourge of global warming which is fered the following prayer: perform the duties of the Chair. taking place everywhere. You can’t lis- Let us pray. ROBERT C. BYRD, ten to the news without hearing about Loving Lord, give our Senators an President pro tempore. something global warming has af- extraordinary measure of grace to ac- Mr. CASEY thereupon assumed the fected. Yesterday on public radio there complish Your will. As they work chair as Acting President pro tempore. was a wonderful piece about Finland, under the duress of time and pressure f how the glaciers are melting in Fin- from diverse interests, give them wis- land. RECOGNITION OF THE MAJORITY dom to make ethical decisions. Be with LEADER Under Senate rules, any Member has their staff members who run the offices the power to object to a committee and provide the information to make The ACTING PRESIDENT pro tem- meeting after the first 2 hours after the responsible decisions. Be with those pore. The majority leader is recog- Senate is in session. That is why we who process the mountains of business nized. had to start the Senate late today, so in and out of the cloakrooms. Be, also, f that committee could go forward with with those who transcribe the debates SCHEDULE its markup so they can hopefully re- for the CONGRESSIONAL RECORD. port a bill to the floor by 2 o’clock this Lord, bless those who monitor par- Mr. REID. Mr. President, today there afternoon. Had we started at 9, they liamentary order, schedule, and voting will be a period of morning business for would have had to stop at 11 because records. Protect the men and women an hour. As normally provided, the we were told that Republicans would who provide security at the doors, on time is equally divided and controlled object to the hearing going forward. the floor, and on the street. Strengthen with the majority controlling the first Mr. MCCONNELL. Would the major- all who are a part of the Senate’s sup- half, Republicans controlling the final ity leader yield? port system. portion. When that time is up, we will We ask this in the name of He who is have to see what we can do. Mr. REID. I will be happy to yield. the light of the world. Amen. f Mr. MCCONNELL. There were no ob- OBSTRUCTIONISM jections on this side. I think maybe the f leader was anticipating an objection Mr. REID. Mr. President, those who that did in fact not exist. PLEDGE OF ALLEGIANCE watch C–SPAN and people who are watching us in other ways are many Mr. REID. That could be the case, The Presiding Officer led the Pledge times well versed in Senate procedure. Mr. President. We started at noon of Allegiance, as follows: People would note today that we didn’t today because under the rules anyone I pledge allegiance to the Flag of the come into session until 12 noon. With can stop us from holding a hearing be- United States of America, and to the Repub- all the many things we have to do, why yond that time and we were told that lic for which it stands, one nation under God, are we taking the morning off, so to was what was going to happen and that indivisible, with liberty and justice for all. speak? We have so much work to do. is why we did this. It is very easy for But yet most people’s work day is half people to say we didn’t do it. Of course f completed and we are just starting. they didn’t do it, but had the meeting The reason is we have another exam- started at 10 o’clock, they would have APPOINTMENT OF ACTING ple of obstructionism. The reason we done it. We were told that is what they PRESIDENT PRO TEMPORE had to come in late today is because we were going to do. It is easy now to The PRESIDING OFFICER. The have an extremely important piece of come here after the fact and say we clerk will read a communication to the legislation that is being marked up in wouldn’t have done that. Senate. a committee. The Environment and We can see from what is taking place The assistant legislative clerk read Public Works Committee has been in the committee, about the amend- the following letter: scheduled to begin to mark up a crucial ments being offered to try to stop this

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

S14749

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VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14750 CONGRESSIONAL RECORD — SENATE December 5, 2007 bill from coming forward. The com- 10,000 people there, worried about glob- don’t make 75,000 a year and they cer- mittee that is meeting has one Repub- al warming. Australia, with the change tainly don’t make a half-million dol- lican who is joining with us, JOHN WAR- of leadership they had there in recent lars a year. NER from Virginia. Every other mem- elections within the past couple of But we want to try to change that. ber of that committee, unless there is weeks, has now signed the Kyoto proto- We want to put in a patch so it doesn’t some sudden light one of them sees, is cols. Which is the only industrialized affect those people this year. We have going to vote against that bill and they nation not to have signed those? This tried everything that I know legisla- indicated they would do everything administration; this country. tively possible, that is reasonable, to they could to stop the markup from President Bush would not acknowl- take care of this. Right now, a cloture being completed today. edge the words ‘‘global warming’’ until motion is ripening, our 57th, and that I am very happy that now the Repub- the past 6 months. He has now at least would be on whether we can proceed to licans are saying we would not have been able to say the words and is doing legislate on the House-passed bill. The done that. The only way we can protect some futile things to help, and even House-passed bill patches it, but it is ourselves, after having been given a di- those small gestures are welcome to all paid for. We Democrats believe that rect warning that was what was going this country and to the world. tax cuts and any new programs should to take place, was start the Senate I want to talk a little bit more about be paid for. The House has passed a bill late. the farm bill. I have spoken to Senator and sent it to us which does that. I If this were the only case of the Re- CHAMBLISS on a number of occasions. I have been told by my Republican col- publicans doing everything they could have not sought him out. We have been leagues that it is extremely doubtful to slow us down, then maybe it would on the floor and talked. I don’t want to we will get cloture on that. I hope we be something that would need to be go around my friend, Senator MCCON- can get a few brave Republicans to say looked at very closely. But this doesn’t NELL, unless I tell him I am going to do we want to legislate on this. have to be looked at very closely. It is that, but I have had conversations in The President said we should do everything that we have tried to do front of everybody. He indicates he something to fix AMT. That being the since we took the majority, and a slim would like to do the farm bill. We want case, why doesn’t he place a call or majority it is. As we all know, about a to do the farm bill. At this time there have one of his staff call the Senate year ago Senator JOHNSON was stricken are 287 amendments pending on the and say, Why don’t you let them pro- with a bleed in the brain. He almost farm bill, amendments dealing with ceed on this? We can offer some amend- died. So our majority on that day went driver’s licenses for illegal immigrants, ments once it is there. We will try to from 51 to 50—50 to 49 was our major- all kinds of other amendments that be reasonable in what amendments we ity, and we have struggled with that have nothing to do with the farm bill. offer and they offer on this AMT fix. until Senator JOHNSON was able to re- As a result of some of my conversa- But I think we should at least have the turn a couple of months ago. tions with my friends on the other side opportunity to move forward. They are During this period of time this year, of the aisle, it does not appear we can creating the worst of all worlds. They the Republicans have done everything work anything out on the farm bill. are going around saying we have to fix they could to slow down and many How much more reasonable can we AMT, but they are not allowing us to times stop what we were doing. Look be? I have said if 10 and 5 is not good, legislate on it. at the numbers. We are now at 57 clo- how about taking, as I have just said, Under our Constitution, all revenue ture motions we have had to file. As I HARKIN and CHAMBLISS, who sup- matters have to originate in the House. said yesterday, this is filibusters on posedly, according to my conversation We have what the House wants to do. steroids. Within a few days, it will with Senator HARKIN this morning, On this, I have said let’s see what we break the record for a Congress of hav- have now worked it out to less than 40 can do. We will vote on the House ing clotures filed, necessary clotures amendments. That will be fine, too. version and we will go with the 60-vote filed. Let’s move forward. I have even said, margin. I am happy to do that. We will We were forced to begin this session to show we are reasonable, have a cou- vote on what Senators GRASSLEY and late, as I have indicated, to give the ple of nongermane amendments. That BAUCUS have reported out of the Fi- committee a chance to begin its work. is fine. We will be happy to take a shot nance Committee here in the Senate, It is unfortunate we have reached this at those. I don’t know what they would and that is the AMT is not paid for. I point of overt obstructionism. If this be. I have been told—I think one of don’t agree with that, but that is what Republican blocking tactic is a sign of them may be dealing with driver’s li- the committee has done so I accept what is going to come—we have al- censes. But we will be happy to do that. Also as part of that package it ready seen it; it can’t get worse than whatever needs to be done to help the has certain tax extenders that are paid what it already is, I don’t believe—the American farmers and ranchers get for. I said, Let’s vote on that. No. remaining weeks are going to be inter- some relief that they need. Senator LOTT, the Republican whip, esting. We know we have been stopped We have also pending something that said he wanted to eliminate AMT for- from going forward on the farm bill. I think is pretty important. In addition ever. We tried everything we could to move to the farm bill, we have AMT. AMT is That is more than $1 trillion. But we forward on the farm bill. I even said a buzzword for a tax proposal that was are willing to vote on that. We have you can have 10 amendments, we will passed during a Republican administra- gotten no takers on that. I do not know have 5. They said no. I talked with Sen- tion, which had good intent when it how we can be more reasonable. ator HARKIN today. He said—I don’t started. Congress wanted to make sure I do not want to get into the inner know the exact numbers—I think we and the President wanted to make sure workings of the proposal made between can do it with 17 and 14, or something that even people making a lot of Senator MCCONNELL and myself be- such as that. I said, if you can get a money paid a little bit in taxes. But cause I do not think that would be ap- deal like that, take it. We want to with inflation having risen its ugly propriate to talk about, some of the move forward on legislation and we are head, as it does, it is affecting people things. I would be happy to do that if having a difficult time doing that. no one anticipated would be affected. he wants to, but some of the other sug- Global warming is something we Right now, unless we change the AMT, gestions made—I do not want to do my should be joining together to work on, people making between $75,000 and negotiating out here on the Senate to solve the problem. The work done by $500,000 would be hit with a tax they or- floor. But I think the suggestions they Senators LIEBERMAN and WARNER is bi- dinarily would not get. The average have made have been very unreason- partisan in the true sense of the word. tax, I understand, is less than $2,000. able. I don’t know how we can be more It is a way to address global warming Somebody making $75,000 would get a reasonable than what we have done. in an important way. Nations through- very small tax; somebody making half Now, I would hope we can work some- out the world are demonstrating their a million dollars a year would be pay- thing out on AMT. As I said to my dis- commitment to reducing greenhouse ing a larger tax. tinguished friend, the Republican lead- emissions. As we speak, there is a con- That was not the intent of the tax. er, today, if the President wants an ference taking place in Bali. We have The vast majority of American people AMT fix and the Republicans say they

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Mr. President, One of the other alternatives I have first with regard to the suggestion by can sometimes spend more time trying not suggested, but maybe what we can my good friend, the majority leader, to get a consent agreement, which by do is have a vote on not even paying that there was some kind of objection its very nature requires every single for it, which I disagree with, but if that Member of the Senate not to object— to the Environment Committee meet- would be the will of the Senate, fine, we could have made more progress on ing this morning, I was unaware of one. we could set something up in that re- the farm bill by simply going to the No such warning was given to the other gard. We could have those votes out of bill, taking up amendments, and mov- side. The practice is for the commit- the way this afternoon. We would not ing forward. That was my advice. It is have to do the cloture vote in the tees to request permission on the day still my advice. If we turned to the morning. And we would see what the they meet. We did not indicate there farm bill, even if we didn’t have a very will of the Senate is. The way it is was any objection. The committee is, narrow amendment list, we would going to be, I have been told that the in fact, meeting. I am unaware of any make dramatic progress and make it Republicans have been given their objection to its meeting. quickly. Why? Because I think there marching orders, as happens all of the If it makes it more formal, I ask are significant numbers of Members of time around here, that they are not unanimous consent that the committee this body on both sides of the aisle who free agents, that they cannot vote to continue to meet. want to pass a farm bill. There may be invoke cloture on this alternative min- Mr. REID. Mr. President, I think that a few who don’t but a significant num- imum tax, which I think would be a is a wonderful gesture. I would accept ber do. shame. that unanimous consent request that So here is where we are, December 5. As I told my friend, the senior Sen- the committee be able to continue its We have nearly a full year’s worth of ator from Kentucky, we would like to deliberations today past 2 o’clock. work to finish before we adjourn for finish the business of this body by 2 The ACTING PRESIDENT pro tem- Christmas. It is a little after noon, and weeks from Friday. That is our goal. I pore. Without objection, it is so or- we are talking about why we are get- hope we can do that. I hope we do not dered. ting started now—I gather based on have to work—we are not going to Mr. REID. I appreciate that very some misunderstanding about phantom work on Christmas, but I hope we do much. objections that, in fact, did not exist not have to work Christmas week. It is f on this side to the Environment Com- possible we may have to do that. We mittee meeting. have a number of important issues MOVING FORWARD We have offered our good friends a around here. We have an energy bill Mr. MCCONNELL. Mr. President, re- path forward on the AMT, on troop that is going to be sent either today or claiming the floor, I know for anybody funding, on appropriations, on the En- tomorrow from the House. I spoke to who might be watching on the outside ergy bill, and the farm bill. Yet we can- the Speaker this morning. We have to that all of this parliamentarian talk not seem to get the kind of bipartisan complete the alternative minimum probably makes your eyes glaze over. agreement that allows the minority to tax. I think it would be the right thing But the fundamental problem is this: have some say over amendments in to do to see what we are going to do on As recently as a year ago, my party moving forward. On the AMT, the chair of the Finance the Presidents’s wiretapping proposal, was in the majority, and I had the Committee called the Republican pro- as to how we can make that a better same problem—Senator Frist and I had posal constructive and said that it was piece of legislation. We have gotten the same problem my good friend from the beginning of an agreement. That something that is bipartisan that has Nevada has: Our members do not want was yesterday. We want to make sure come out of the Judiciary Committee. to cast any dangerous votes, any votes 23 million people are not ensnared by The Judiciary Committee has met on a they do not want to cast. bipartisan basis. They have some this middle-class tax hike and that the The first session of the previous Con- tax returns of 50 million Americans are things they want to change on that. gress, the 109th, was the most produc- But if we have to jump through all of not further delayed. The consequences tive legislative session of my time here of a delay will be felt by millions of the hoops and file cloture on that, that in the Senate. I recall Senator Frist bill—the legislation that is now in taxpayers who will see a delay in their and myself saying over and over and force expires I believe on February 5. I refunds next year. over again to our members that if we think it would be good if we can com- It is, however, important to virtually are going to pass this bill, we are going plete that before we leave. There are every member of my conference that to have to give the minority their certain other things we need to do be- the alternative minimum tax, a tax votes. And people were whining and fore we leave. But it is a lot of work to that will never be levied and never be complaining about having to cast do. collected, not trigger a tax increase on There is one minor little problem I votes. I recall the Democratic whip, a whole lot of other Americans. The ef- did not talk about. We have to figure the Senator from Illinois, saying: The fort to ‘‘pay for’’ the AMT is highly of- out some way to fund the Government Senate is not the House, and making fensive to members on my side of the for the rest of the year, either with the point that the minority is going to aisle, and I think the majority knows some type of spending program to in- get its votes in order to advance legis- that, and the way to get the AMT and volve the Appropriations Committee or lation. the extenders passed is not to ‘‘pay a last resort—something that both the I understand that my good friend for’’ them—in other words, not to go Republican leader and I don’t want— from Nevada gets complaints from his out and raise taxes on a lot of other would be a continuing resolution members about having to cast votes, Americans in order to continue basi- which, in effect, eliminates the legisla- but the fundamental responsibility of cally the status quo. We know we are tive branch of Government from being the majority is to pass legislation. In never going to levy the AMT, and we involved in what money is spent in the order to do that in the Senate—we do are never going to collect it. The same country for the next year. not have a rules committee—you have is true with the extenders. We know we Having said that, I would hope we to work with the minority, and you will pass that package. That is existing can hold hands here a little bit in the have to give the minority side a rea- tax relief. Why should we raise taxes next couple of weeks and see what we sonable number of amendments. That on some other Americans in order to can get done: alternative minimum is the case on the consideration of the maintain the status quo, which is the tax, farm bill, spending bills for our alternative minimum tax fix, and that absence of an alternative minimum tax country, and if we really get fortunate, is also the case with regard to the farm and the extension of the extenders? see if we can finish the FISA legisla- bill. That is a very strongly held principle, tion, the wiretap legislation. Now, my advice both privately and and I believe that is the view of enough The ACTING PRESIDENT pro tem- publicly to my good friend, the major- Senators to insist that is the way it pore. The Republican leader. ity leader, on the farm bill is take it up goes forward.

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14752 CONGRESSIONAL RECORD — SENATE December 5, 2007 Now, we know what they plan over in ward. I think that would be a way to over the Energy bill; that was a mis- the House. They are going to send the make progress. It is probably going to understanding. Those things happen, AMT over there, and they are going to be very challenging to get as tight a and I have forgotten about that. Other pay for it and send it back over here. I time agreement on amendments, as than that, we do our best to represent think that is a huge mistake; it is an tight a number on amendments as the our caucus and our country. I have no excuse for raising taxes on a whole lot majority leader would like. We spend personal animosity toward my friend. of Americans. so much time doing that; we could be On the Energy bill, I do want to say With regard to the remaining appro- processing amendments here on the this before we leave that. To frame this priations bills, the Democratic leader floor and moving forward with the bill. issue, understand we are in the middle and I have had a number of construc- Let me say in conclusion that we do of a debate on the Energy bill. The tive conversations. We are going to be want to be cooperative, but the reason issue was whether we would have a $32 talking to the administration later in we have had a lot of impasse this year billion tax on the Energy bill. There the day on that subject. Any discussion is because a very narrow majority is, in was objection from my Republican of finishing up the year is going to effect, trying to dictate amendments to friends. Before votes were taken, one of have to include funding for the troops the minority. That will not work in the my friends, a Democratic Senator, in Afghanistan and Iraq. We know we Senate. One of the prices of being in stood and said: It doesn’t matter what have had this debate a lot of times—at the majority—it is better to be in the you do here. We will take care of it in last count, 63 Iraq votes in the House majority than not. I would rather be in conference. and Senate this year. We know that majority than not. But one of the I stood and said: This will not take even when the war was going poorly prices you pay for being in the major- place in conference. We will not have and there was great opposition to the ity is you have to take votes you do this matter in conference. surge, at the end of the day the funding not want to take in order to advance The problem is, we have never been was there. Now the surge is succeeding, legislation. able to get to conference. We tried nu- and the war is going better. Why would So I would say to my good friend merous times to have a conference on we not continue the funding now that from Nevada, he is going to have as the Energy bill, and they wouldn’t let things are going better when even the much cooperation as I can possibly us do it. So now we are going to get majority, which did not favor the effort muster. I am anxious to help us move from the House tomorrow something in Iraq, provided funding when it was forward on all of these issues he and I they have done. Republicans have been going poorly? As part of any settle- have been discussing here this morn- involved, Republicans in the House and ment of the 11 appropriations bills, we ing. in the Senate. But, remember, in the are going to have troop funding into f House they have a little different pro- next year. cedure. Because the power is with the On FISA, I think we have a way for- ORDER OF PROCEDURE party that has the most votes, they can ward. The majority leader and I have Mr. REID. Mr. President, I ask unan- do most anything they want. talked about it. I think we both have imous consent that the time Senator I have kept my word. There is noth- the view that the underlying bill will MCCONNELL and I have used not be probably be the intelligence measure. I counted against the hour for morning ing that has been added in conference. think we should be able to construct business. We haven’t had a conference. I can’t some kind of consent agreement in The ACTING PRESIDENT pro tem- control Speaker PELOSI. I hope every- that particular instance where I don’t pore. Without objection, it is so or- body understands that. She is a strong, think there is much of a demand for dered. independent woman. She runs the amendments—some amendments but Mr. REID. Mr. President, I have been House with an iron hand. I support not a whole lot—that will allow us to in the minority; I understand how that what she does, but no one needs to go forward. works. But the record is very clear come and tell me I didn’t keep my On energy, Senator DOMENICI tells me that on rare occasions did we oppose word. You check the record, which we that he had an understanding with the motions to proceed. We did but on rare have. I said this matter would not be majority leader and with the chairman occasions. added in conference, and it has not of the Energy Committee in the Senate Keep in mind, as I have said, during been added in conference. We haven’t as to what would and what would not this period of time—not even 1 year had a conference. be in an energy bill that we would fi- yet—records for filibusters will be bro- I have spoken to Senator DOMENICI. nally pass. It is my understanding that ken for a 2-year session. He is my friend, and I have great re- an energy bill that the House may act We have involved the minority. We spect for him. He has served his State on, I gather today, I am not sure—is it did it on the minimum wage. We did it and the country well. Senator DOMEN- today? Does someone know? It is likely on ethics and lobbying reform. We have ICI and I have worked as the two lead- to include tax hikes and utility rate in- done it on U.S. attorneys independ- ers of the Energy and Water Sub- creases for those of us in the South- ence. When we passed a supplemental committee on Appropriations for a east. Now, in what way would an en- appropriations bill, there was total in- long time. He was either the chairman ergy bill that raises taxes, when oil is volvement of House Republicans and or I was. We get along very well. I about $100 a barrel, and has the prac- Senate Republicans. That was good. We talked to him last night. I explained to tical effect of raising utility rates all were able to finally get money for him the situation. I think he under- across the Southeast be beneficial? My Katrina and wildfire relief. We have stands what took place. We have not understanding was that the majority worked together on veterans legisla- had a conference. If that bill comes to leader and Senator DOMENICI and Sen- tion we have done. It has been a bipar- us and those tax provisions are in it, ator BINGAMAN agreed that was not tisan move forward. we will take a look at it. going to be a part of the proposal. I do One of the rewarding things for me is I do know this: As I have been told, not know whether it will be a part of the work we have been able to get out the tax portion of that, if it is tied on the proposal when it comes over from of the HELP Committee. Two diamet- to the Energy bill, would be $12 billion the House, but that agreement ought rically opposed political minds, KEN- less than the one proposed in the Sen- to be kept and those provisions ought NEDY and ENZI, have worked together ate. I hope we can get some coopera- to be removed. and produced a lot of good things on tion on the Energy bill. That would be Finally, at the risk of being redun- which we have been able to move for- great. It is something this country dant, let me say again on the farm bill ward—mental health parity, the Head needs. that we have enough time. Most of the Start Program, a number of other A couple of other things I want to negotiations that are going on, are items. say. On the farm bill, I say with the going on off the floor. We do have floor We have passed legislation that has most genuine respect I can that my time. It remains my advice to the ma- paid for our troops. The only words of friend is not being fair in his descrip- jority leader to get on to the farm bill, disagreement Senator MCCONNELL and tion of why we don’t move forward on process amendments, and move for- I have had on a private basis has been the farm bill. Remember, the last bill

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14753 we had to move forward on was Am- I would further say we are willing to excuse to raise taxes on a whole lot of trak, a bill that had been in the Repub- meet the minority more than half- other Americans. That is something lican leadership for years not moving way—halfway, of course, but more than that virtually every member of my forward. We decided we would move halfway. We have proven that as we conference feels strongly about. We are forward on it, and we passed it. What have worked through legislation this going to continue to talk about it. I am was the first amendment offered? A tax year. It has been hard. It has been a still optimistic we are going to be able amendment. It had absolutely nothing slog. I understand how disappointed to get this worked out. The majority to do with Amtrak. We can’t have the Republicans are that we are in the leader and I are good friends, and we these bills in the waning weeks of this majority. It was a surprise to a lot of are going to continue to work on all Congress, when people are waiting people when last November we took the these issues in the hope that we can go around for all kinds of things they majority of the Senate. We won seats forward in the few weeks remaining be- want to do on Iraq and Afghanistan and that no one expected us to win. But we fore Christmas. the military and immigration. are in the majority, no matter how I yield the floor. I guess the Republicans think they slim. We have had some accomplish- f have a good issue on immigration, to ments, and we are proud of those. But MORNING BUSINESS bash immigrants. They have all kinds more importantly, we believe in of issues they want on immigration. change. We believe we are agents of The PRESIDING OFFICER. Under They are waiting in the wings to offer change for America. The Republicans the previous order, there will be a pe- these amendments. We can see that on are agents of the status quo. The riod of morning business for 60 minutes the farm bill. A number of the 287 American people will have to judge with the time equally divided and con- amendments filed have been dealing whom they want to support. Do they trolled between the two leaders or with immigration. We can’t open the want to support those who want to their designees and with Senators per- farm bill during the time we are trying keep things the way they are in Iraq mitted to speak for up to 10 minutes to pass FISA, trying to pass the farm and every other bad situation we find each, with the majority controlling the bill, AMT, do our spending bills. first half and the Republicans control- How much more reasonable could I be ourselves in as a country or do they want to move forward with us and ling the final half. in trying to shorten the time? I said: The Senator from Oregon. Republicans take 10; we will take 5. No. work for change? That is where we are. I think we are on the right side. I (The remarks of Mr. WYDEN per- So Senator HARKIN comes to me and hope during these next couple of weeks taining to the introduction of S. 2411 Senator CHAMBLISS. They have it down are located in today’s RECORD under to less than 40. I said: Take the deal; we can work together and do some ‘‘Statements on Introduced Bills and we will agree to it. We don’t even want good things for the country. We are Joint Resolutions.’’) time agreements on the amendments. willing to go more than halfway. Take How much more reasonable can we be? AMT, for example. Let’s go over that f We can’t be. Whatever we come up again. I have tried everything I can, of- UNANIMOUS-CONSENT REQUEST— with, the Republicans would not agree fering unanimous consent requests S. 1662 which have been objected to. Vote on to it because they do not want us to Mr. WYDEN. Mr. President, with the have a farm bill. So why don’t they the House bill. No. Vote on what we have in the Senate. No. Vote on what indulgence of the Senator from Okla- just acknowledge that. They are ac- homa, at this time, on behalf of Sen- knowledging it by their stopping us Senator LOTT wants: just to repeal it and have another trillion dollars of red ator KERRY, I ask unanimous consent from having any kind of agreement. that the Senate proceed to the imme- I agree with the Republican leader, ink. No. Not willing to do that. diate consideration of Calendar No. 422, once we got on the bill, we could move So today I said: OK, let’s vote on not S. 1662; that the amendment at the forward with these amendments quick- even paying for it. How about that? I desk be considered and agreed to; the ly. But that is where we are. have heard no clamor from the Repub- According to my friend—and I think licans, yes, that sounds like a good committee-reported amendment, as these are the words he said—it is offen- idea. What more could we do? amended, be agreed to; the bill, as sive to pay for these tax cuts. Let’s fol- The word is that there are people— amended, be read a third time; that the low this. It is offensive to pay for the and how big the number is we don’t Small Business and Entrepreneurship tax cuts? That has been the Republican know, but we know in the Senate it Committee then be discharged of H.R. mantra for 7 years. And where are we? doesn’t take a big majority to cause 3567, the House companion, and all When President Bush took office, there problems—there are many Republican after the enacting clause be stricken, was a $7 trillion surplus over 10 years. Senators who don’t want us to put the the text of S. 1662, as amended, be in- Where are we now? We are approaching patch for AMT so they can go around, serted in lieu thereof, the bill be ad- a $10 trillion debt. Everything the Re- as I told Senator MCCONNELL this vanced to third reading, passed, and publicans have done with their spend- morning, pointing fingers at each other the motion to reconsider be laid upon ing has not been paid for, and their tax about whose fault it is that these peo- the table; that the Senate insist on its cuts have not been paid for. ple in America with $75,000 to $500,000 amendment, request a conference with As with the Clinton administration, in income are going to get a tax in- the House on the disagreeing votes of we adopted pay-go. That is in our budg- crease. How much more reasonable the two Houses, and the Chair be au- et. If we have a program that is new, could we be? Have we gone more than thorized to appoint conferees on the we have to pay for it. That doesn’t halfway? The answer is obviously yes. part of the Senate; that S. 1662 be re- sound unreasonable. That is what the We want to legislate. We do not want turned to the calendar, with all of the American people want. If they buy a to block things from happening. above occurring without intervening new car, a new refrigerator, they have If someone can show me how I am un- action or debate. to pay for it. There is only so much reasonable with my proposal on AMT, I The PRESIDING OFFICER. Is there credit in the world. This Government would be happy to sit down and talk to objection? has exceeded its credit limit. The cred- them. I don’t know how I could be Mr. COBURN. Mr. President, I object it card no longer works. more reasonable. and will take my morning hour time to We also believe the tax cuts, which The PRESIDING OFFICER (Mr. explain why. have given us red ink as far as you can MENENDEZ). The Republican leader is The PRESIDING OFFICER. Objec- see, created by the Republicans, should recognized. tion is heard. come to an end. If there are going to be Mr. MCCONNELL. Mr. President, f further tax cuts, we should pay for others have been waiting patiently to them. That is the right thing to do. speak. Let me say with regard to AMT, CREDIT CARD BILLS That is all we are saying with the this is existing law we are trying to ex- Mr. COBURN. Mr. President, I say to AMT. Pay for these tax cuts. This is a tend. With regard to the extenders, the Senator from Oregon, I look for- tax cut. It should be paid for. I don’t there is existing law we are trying to ward to looking at the bill he just in- know what is offensive about that. extend. We should not use that as an troduced. I, too, am very concerned. We

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14754 CONGRESSIONAL RECORD — SENATE December 5, 2007 had a hearing yesterday in the Home- priations bills in a timely manner and because we chose not to do the appro- land Security Oversight Subcommittee debate them because of the choice it priations bills at the appropriate time, on credit card bills. There was some was not a priority. and lots of Members have lots of ear- very revealing information. I think the I do recall the tremendous criticism marks in bills. Senator is addressing a problem we we rightly received for what happened So they do not want us to continue need to look at on the Senate floor. I last year in the appropriations process. to fund where we are. They want us to will look at his legislation, and hope- What is going to happen? I am happy to have an omnibus bill where we can fully I will be able to cosponsor it with be here for Christmas to do the busi- have all these earmarks, about $26 bil- him. ness we should have already done. But lion worth of earmarks, so we can look good at home—not competitively bid, f let me lay out what will happen, and then let me also give a warning. At the not based on priorities but based on LEGISLATIVE AND end of sessions, what happens is we get our political priorities individually as APPROPRIATIONS PROCESS the request to pass all sorts of legisla- Senators. We are going to spend about Mr. COBURN. Mr. President, let me, tion—much like this bill to which I $23 billion more than what we said we first of all, take a minute to talk about just objected. Committees do good are going to spend. That $23 billion is this bill for which unanimous consent work on legislation. But a bill that has almost $300 billion over the next 10 was just requested. I think it is impor- passed committee has to be agreed to years. And we are fighting about $80 tant in light of what the majority lead- by a majority of the Senators to be billion on an AMT fix for 1 year. But er just said. Here we have a bill for able to become law. we are not concentrating on the fact which unanimous consent was re- When we do unanimous consents, we are going to institute $300 billion quested. The American people need to that means we are going to let it pass worth of more spending. understand what it means to get unani- without looking at it, without amend- I will remind my colleagues again, we mous consent. It means all of us agree ing it, and without voting on it. Well, do not have to raise taxes. We can eliminate the AMT. What we do not to it. It does not need to be further at the end of the year, the time pres- want to do, and what we fail to do, is amended, it does not need to be sure comes. Everybody wants to get get rid of the waste, fraud, abuse, and changed, and it should be passed with- something passed. So what happens is duplication that numbers in excess of out ever having a vote on it. we do a poor job of legislating because $250 billion every year—every year—be- This bill has a section in it that so we do not look at it. We do not amend cause we will not do the hard work of far has lost over $3.5 billion of your it. We do not have a debate so the oversight. money doing venture capital investing American people can know about it. We So we are going to line up, and we by the Small Business Administration. just pass it. are going to get a package from the The OMB analysis says there is abso- I sent a letter to all of my colleagues House, and we are going to get a lutely no need for this venture capital today outlining and reinforcing four chance to vote on it, and the President investment, especially because of the statements I made at the first of this has already said he is going to veto it fact it has lost such a great amount of year. I will object to any bill coming if it has this excess number and all money. And venture capital investing forward by unanimous consent at the these earmarks in it. I would think itself is a highly risky business that re- end of the session unless it meets the this would be better than playing quires tremendously acute knowledge requirements I laid out. That means no chicken: Why don’t we live within our and people of great acumen in terms of new authorizations unless you de- means like every family has to? That investing, and they lose lots of money authorize something else. We are not $250 billion comes to 20 percent of ev- investing. going to grow the Government any erything we spend in the discretionary The last thing we ought to be doing more when we cannot pay for the Gov- budget. If you ask homeowners and at the end of a session is passing a bill ernment we have. No. 2, it has to be families who are having a lot of pres- without vetting it, without debating it, constitutional. It has to be a true duty sure now, would they dare waste 20 per- without talking about the problems of the Federal Government, not an ob- cent of their budget, would they dare that are in the bill. This portion of the ligation of the State governments that not look and reconsider how they are bill, the portion that is the Small Busi- we are going to stand up for, when they spending their money when it comes to ness Venture Capital Act, if anything, have a $6 billion to $7 billion surplus. their family budget, they would not. should come out of this bill. We should Easily, when you look at any combina- Yet we continuously refuse to do the not reauthorize something that has tion of any 10 States, they have an over hard work of oversight. We do not want lost already in excess of $3 billion, and $36 billion surplus totally, and we are to offend anybody. In the process we something for which we do not get to running, in real numbers—non-Enron are offending the next two generations. look at the results until 10 years after accounting but real numbers—a $250 My hope is we don’t end up here at it happens. billion surplus. Christmas, but I was dead serious when The last thing we ought to be doing I am not going to allow—unless we I took my oath. I am going to defend is investing the American people’s want to put it on the Senate floor, un- the Constitution and I am going to money in venture capital when we can- less we want to debate it—I am not work to make sure bills that are out- not pay for the things we need to be going to allow us to pass bills at the side of that Constitution don’t pass paying for that the American people end of the session by unanimous con- this body. I am going to defend my ob- are dependent on. I look forward to sent. So if you have a bill that you ligation to the next two generations working with Senator KERRY. I have want to try to pass by unanimous con- and the heritage this country was built had a good relationship with him. We sent, I would suggest we sit down and on—one generation sacrificing for the will sit down and talk about this bill. talk about it now, not 2 weeks from to- next—so future opportunity is there. I But I think it highlights what we need morrow but now. If they come in the am going to do everything in my power to be doing and not spending time in last week, we will not have the time to to not let $23 billion of extra spending quorum calls but spending time debat- look at them. So not agreeing to go through this Senate at the end of ing bills. unanimously consider the bill as passed the year. Now, I may not be successful I also want to spend a minute on this will be the standard fare. in that, but at the end of the day, I am issue. I think the American people Now, let’s talk about the appropria- going to sleep real well knowing I am ought to be asking us about this. Here tions process. What we have is $23 bil- fulfilling my oath, knowing that I we sit, and we have one appropriations lion more than what we agreed we are know what the Constitution says. bill passed for the year that started Oc- going to pass in total for the appropria- When we get outside the bounds of the tober 1. I think I am correct. Other tions bills, not counting the emergency Constitution, in terms of Federal re- than the THUD bill, there has been no things we have already done that we sponsibility, what we do is we say in objection raised by the minority to have charged to our grandchildren. As name we are helping somebody and we proceeding to any of the appropriations the game is played in Washington, are charging it to our grandchildren bills. As a matter of fact, the choice what will come is the pressure of and undermining the very opportunity was made not to bring up the appro- chicken. We are going to play chicken we all experience.

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14755 My hope is we can come together I agree with the majority leader. We hold names—Calaway Golf, Intel, during this season and say: Let’s get it shouldn’t have all of these votes that Jenny Craig, Outback Steakhouse, and right. Let’s not spend a bunch of extra aren’t necessarily related to the farm Federal Express. Through the SBA’s money. Let’s put it back. We could be bill, but we should certainly fix the New Markets Venture Capital program, facing some pretty severe economic crop insurance program. We should cer- which has only been making invest- times in this country in terms of how tainly mandate that if you are getting ments for a couple of years, businesses things look, especially people who were a government benefit as a farmer, you in areas with the highest national em- sold homes and mortgages they didn’t ought to be a farmer. You shouldn’t be ployment, such as in the Appalachia qualify for and now are struggling. an investor who is investing in making region of Kentucky, have gotten access How are we going to address that? How money off the hard-earned tax dollars to more than $48 million in patient in- are we going to help them through of middle-class America. That is what vestment capital and created hundreds that? How are we going to accomplish too much of the farm program is. We of jobs with sustainable wages and that which empowers people, not Gov- shouldn’t be setting about saying that health care benefits. Senator SNOWE ernment? We need to be working on if we are going to incentivize to get and I worked with the SBA in drafting those things. We do not need to be greater production, and then all of a S. 1662, and the committee of jurisdic- spending the extra money now that we sudden if somebody is successful at it, tion adopted it unanimously—by a vote may, in fact, need to spend later. We then you can’t do it anymore. If an in- of 19 to 0. may, in fact, need to borrow money centive is put in place to work, then Further, we understand concerns later. So we should be doing the job let’s make it work. We haven’t done about moving legislation last minute right the first time, staying within our that with ethanol. We haven’t said you and we try to avoid that. In this case, means, doing what is necessary, even can only produce so much ethanol. So our committee voted out this bill in though it offends people who might not if an incentive works, we ought to use June, giving colleagues with concerns get something from the Federal Gov- it. But we ought to make sure the peo- more than 5 months to review the leg- ernment through an earmark. ple getting those incentives are real islation. And in anticipation of moving I believe the people of the Senate are this bill by unanimous consent com- great people. I believe, ultimately, farmers. Again, I thank the Chair for his in- mittee staff reached out to other of- they want what is great for this coun- dulgence and I yield back the remain- fices in October. We have tried for 6 try. I know all of those who have chil- weeks to discuss the bill and identify dren and grandchildren wish and hope der of my time. Mr. KERRY. Mr. President, today the any possible concerns. We gave those for the very best for their lives and to Senate tried to call up and pass an offices copies of the bill, the report, the experience the kind of opportunities we amended version of S. 1662, the Small CBO cost estimate, explained what was have had. But I wish to tell my col- Business Venture Capital Act of 2007. in the amendment to be hotlined, and leagues it is at risk. It is not a small There was objection to the bill based provided a copy of the revised CBO cost risk, it is a great risk. Mr. President, on a concern that it reauthorized the estimate that reflected striking the 2012 is coming fast; 2012, that day when section that reauthorized the SBIC par- the baby boomers are taking both So- SBA’s Small Business Investment Com- pany Participating Securities program, ticipating securities program and the cial Security and Medicare, when we section that triggered direct spending. start down this road of $79 trillion a program which the Office of Manage- ment and Budget has predicted will The bill has a very modest cost, re- worth of unfunded mandates. How can duces the historic authorization levels, we be trusted to fix those problems have losses of about $3 billion. The amendment pending before the and has the potential to have a very when we can’t even live within our own full Senate does not reauthorize the positive impact on the economy, budget? through investment and job creation. I said before, about a year and a half SBIC Participating Securities pro- We would be happy to work with our ago on this floor, that there is a rum- gram. That provision was taken out of colleagues to try and clarify any other ble in America and it is real. The the bill in October when the committee American people are sick and tired of first circulated the proposed amend- misunderstandings and to work the partisan games we play. They don’t ment to colleagues and the parties no- through any substantive concerns. I want to see Republicans pointing their tified their members that the com- ask unanimous consent that a copy of fingers at Democrats. They don’t want mittee would like to pass the bill by the amendment be printed in the to see Democrats pointing their fingers unanimous consent. RECORD. There being no objection, the mate- at Republicans. What they want us to Equity financing like the SBIC Par- rial was ordered to be printed in the do is the job of governing within our ticipating Securities program is impor- RECORD, as follows: means. tant to the continuum of small busi- Our problem is we have difficulty ness financing, and testimony before Strike all after the enacting clause and in- identifying what is most important: our committee this summer empha- sert the following: sized the need for a reformed program SECTION 1. SHORT TITLE. Our political careers or the future of This Act may be cited as the ‘‘Small Busi- the country. What gets in front of us to fill the void left by the private sec- tor. However, as the report to S. 1662 ness Venture Capital Act of 2007’’. too often is how do we look good at SEC. 2. DEFINITIONS. home rather than how do we look good clarifies, Congress could not find com- In this Act— in the future so we secure the promise mon ground with the administration (1) the terms ‘‘Administration’’ and ‘‘Ad- America stands for. My hope is we will on reforming the program and so the ministrator’’ mean the Small Business Ad- work together. committee included a token reauthor- ministration and the Administrator thereof, One final comment on the farm bill. ization amount to signal to the busi- respectively; We need a farm bill, but we don’t need ness community that it understood the (2) the term ‘‘low-income geographic area’’ a farm bill that continues to have pro- need for small equity investments and has the meaning given that term in section grams that wealthy people who aren’t that there was support for the Small 351 of the Small Business Investment Act of 1958 (15 U.S.C. 689), as amended by this Act; real farmers take advantage of—people Business Investment Company program (3) the term ‘‘New Markets Venture Cap- who aren’t farmers, yet suck the in general. ital company’’ has the meaning given that money out of the farm program. Twen- The bill reauthorizes through 2010 term in section 351 of the Small Business In- ty percent of our farmers produce 80 the Small Business Investment Com- vestment Act of 1958 (15 U.S.C. 689); and percent of our goods, but a large por- pany Debenture program, and the New (4) the term ‘‘New Markets Venture Cap- tion of the farm program goes to gen- Markets Venture Capital program. ital Program’’ means the program under part tlemen farmers—doctors, lawyers, who Venture capital is a critical driver of B of title III of the Small Business Invest- happen to own a small acreage and our economy and job creation. Since ment Act of 1958 (15 U.S.C. 689 et seq.). then suck the programs dry for their the creation of the SBIC program al- SEC. 3. TABLE OF CONTENTS. The table of contents for this Act is as fol- own benefit for things they could very most 50 years ago, the country has ben- lows: well afford to pay for. So the farm bill efited from hundreds of thousands of Sec. 1. Short title. isn’t going to go forward until we have jobs. Some examples of success stories Sec. 2. Definitions. an open amendment process. include businesses that are now house- Sec. 3. Table of contents.

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TITLE I—SMALL BUSINESS INVESTMENT (b) TECHNICAL AND CONFORMING AMEND- SEC. 203. LOW-INCOME GEOGRAPHIC AREAS. COMPANY PROGRAM MENTS.—Section 303(b) of the Small Business (a) IN GENERAL.—Section 351 of the Small Sec. 101. Reauthorization. Investment Act of 1958 (15 U.S.C. 683(b)) is Business Investment Act of 1958 (15 U.S.C. Sec. 102. Leverage. amended by striking paragraph (4). 689) is amended— Sec. 103. Investments in smaller enterprises. SEC. 103. INVESTMENTS IN SMALLER ENTER- (1) by striking paragraph (2); Sec. 104. Maximum investment in a com- PRISES. (2) by redesignating paragraphs (3) through pany. Section 303(d) of the Small Business In- (8) as paragraphs (2) through (7), respec- TITLE II—NEW MARKETS VENTURE vestment Act of 1958 (15 U.S.C. 683(d)) is tively; and CAPITAL PROGRAM amended to read as follows: (3) in paragraph (2), as so redesignated— ‘‘(d) INVESTMENTS IN SMALLER ENTER- Sec. 201. Diversification of New Markets (A) in the matter preceding subparagraph PRISES.—The Administrator shall require Venture Capital Program. (A)— Sec. 202. Establishment of Office of New each licensee, as a condition of an applica- (i) by striking ‘‘the term’’ and inserting Markets Venture Capital. tion for leverage, to certify in writing that ‘‘The term’’; and Sec. 203. Low-income geographic areas. not less than 25 percent of the aggregate dol- (ii) by striking ‘‘means’’; Sec. 204. Applications for New Markets Ven- lar amount of financings of that licensee (B) by striking subparagraph (A) and in- ture Capital Program. shall be provided to smaller enterprises.’’. serting the following: Sec. 205. Operational assistance grants. SEC. 104. MAXIMUM INVESTMENT IN A COMPANY. ‘‘(A) means a ‘low-income community’ Sec. 206. Authorization. Section 306(a) of the Small Business In- within the meaning of section 45D(e) of the TITLE I—SMALL BUSINESS INVESTMENT vestment Act of 1958 (15 U.S.C. 686(a)) is Internal Revenue Code of 1986 (relating to COMPANY PROGRAM amended by striking ‘‘20 per centum’’ and in- the new markets tax credit); and’’; and serting ‘‘30 percent’’. SEC. 101. REAUTHORIZATION. (C) in subparagraph (B), in the matter pre- Section 20 of the Small Business Act (15 TITLE II—NEW MARKETS VENTURE ceding clause (i), by inserting ‘‘includes’’ be- U.S.C. 631 note) is amended by inserting CAPITAL PROGRAM fore ‘‘any area’’. (b) APPLICATION OF AMENDED DEFINITION TO after subsection (e) the following: SEC. 201. DIVERSIFICATION OF NEW MARKETS CAPITAL REQUIREMENT.—The definition of a ‘‘(f) SMALL BUSINESS VENTURE CAPITAL.— VENTURE CAPITAL PROGRAM. For the programs authorized under part A of (a) SELECTION OF COMPANIES IN EACH GEO- low-income geographic area in section 351 of title III of the Small Business Investment GRAPHIC REGION.—Section 354 of the Small the Small Business Investment Act of 1958, Act of 1958 (15 U.S.C. 681 et seq.), the Admin- Business Investment Act of 1958 (15 U.S.C. as amended by subsection (a), shall apply to istrator is authorized to make— 689c) is amended by adding at the end the fol- capital raised by a New Markets Venture ‘‘(1) $2,000,000,000 in guarantees of deben- lowing: Capital company before, on, or after the date tures for fiscal year 2007; ‘‘(f) GEOGRAPHIC GOAL.—In selecting com- of enactment of this Act. ‘‘(2) $2,250,000,000 in guarantees of deben- panies to participate as New Markets Ven- SEC. 204. APPLICATIONS FOR NEW MARKETS VENTURE CAPITAL PROGRAM. tures for fiscal year 2008; ture Capital companies in the program es- tablished under this part, the Administrator Not later than 1 year after the date of en- ‘‘(3) $2,500,000,000 in guarantees of deben- shall have as a goal to select, from among actment of this Act, the Administrator shall tures for fiscal year 2009; and companies submitting applications under prescribe standard documents for an applica- ‘‘(4) $2,750,000,000 in guarantees of deben- subsection (b), at least 1 company from each tion for final approval by a New Markets tures for fiscal year 2010.’’. geographic region of the Administration.’’. Venture Capital company under section SEC. 102. LEVERAGE. (b) PARTICIPATION IN NEW MARKETS VEN- 354(e) of the Small Business Investment Act (a) IN GENERAL.—Section 303(b)(2) of the TURE CAPITAL PROGRAM.— of 1958 (15 U.S.C. 689c(e)). The Administrator Small Business Investment Act of 1958 (15 (1) ADMINISTRATION PARTICIPATION RE- shall ensure that such documents are de- U.S.C. 683(b)(2)) is amended to read as fol- QUIRED.—Section 353 of the Small Business signed to substantially reduce the cost bur- lows: Investment Act of 1958 (15 U.S.C. 689b) is den of the application process on a company ‘‘(2) MAXIMUM LEVERAGE.— amended in the matter preceding paragraph making such an application. ‘‘(A) IN GENERAL.—The maximum amount (1), by striking ‘‘under which the Adminis- SEC. 205. OPERATIONAL ASSISTANCE GRANTS. of outstanding leverage made available to trator may’’ and inserting ‘‘under which the (a) IN GENERAL.—Section 358(a)(4)(A) of the any 1 company licensed under section 301(c) Administrator shall’’. Small Business Investment Act of 1958 (15 may not exceed the lesser of— (2) SMALL MANUFACTURER PARTICIPATION.— U.S.C. 689g(a)(4)(A)) is amended to read as ‘‘(i) 300 percent of private capital; or Section 353(1) of the Small Business Invest- follows: ‘‘(ii) $150,000,000. ment Act of 1958 (15 U.S.C. 689b(1)) is amend- ‘‘(A) NEW MARKETS VENTURE CAPITAL COM- ‘‘(B) MULTIPLE LICENSES UNDER COMMON ed by inserting after ‘‘section 352’’ the fol- PANIES.—Notwithstanding section 354(d)(2), CONTROL.—The maximum amount of out- lowing: ‘‘(with a goal of at least 1 such agree- the amount of a grant made under this sub- standing leverage made available to 2 or ment to be with a company engaged pri- section to a New Markets Venture Capital more companies licensed under section 301(c) marily in the development of and investment company shall be equal to the lesser of— that are commonly controlled (as deter- in small manufacturers, to the extent prac- ‘‘(i) 10 percent of the private capital raised mined by the Administrator) may not exceed ticable)’’. by the company; or $225,000,000. SEC. 202. ESTABLISHMENT OF OFFICE OF NEW ‘‘(ii) $1,000,000.’’. ‘‘(C) INVESTMENTS IN WOMEN-OWNED AND MI- MARKETS VENTURE CAPITAL. (b) CONFORMING AMENDMENT AND LIMITA- NORITY-OWNED BUSINESSES AND IN LOW-INCOME Title II of the Small Business Investment TION ON TIME FOR FINAL APPROVAL OF COMPA- GEOGRAPHIC AREAS.— Act of 1958 (15 U.S.C. 671) is amended by add- NIES.—Section 354(d) of the Small Business ‘‘(i) IN GENERAL.—The maximum amount of ing at the end the following: Investment Act of 1958 (15 U.S.C. 689c(d)) is outstanding leverage made available to— ‘‘SEC. 202. OFFICE OF NEW MARKETS VENTURE amended to read as follows: ‘‘(I) any 1 company described in clause (ii) CAPITAL. ‘‘(d) REQUIREMENTS TO BE MET FOR FINAL may not exceed the lesser of— ‘‘(a) ESTABLISHMENT.—There is established APPROVAL.—The Administrator shall grant ‘‘(aa) 300 percent of private capital; or in the Investment Division of the Adminis- each conditionally approved company 2 years ‘‘(bb) $175,000,000; and tration, the Office of New Markets Venture to raise not less than $5,000,000 of private ‘‘(II) 2 or more companies described in Capital. capital or binding capital commitments from clause (ii) that are commonly controlled (as ‘‘(b) DIRECTOR.—The head of the Office of one or more investors (other than agencies determined by the Administrator) may not New Markets Venture Capital shall be an in- or departments of the Federal Government) exceed $250,000,000. dividual appointed in the competitive service who met criteria established by the Adminis- ‘‘(ii) APPLICABILITY.—A company described or excepted service. trator.’’. in this clause is a company licensed under ‘‘(c) RESPONSIBILITIES OF DIRECTOR.—The SEC. 206. AUTHORIZATION. section 301(c) that certifies in writing that responsibilities of the head of the Office of Section 368(a) of the Small Business In- not less than 50 percent of the dollar amount New Markets Venture Capital include— vestment Act of 1958 (15 U.S.C. 689q(a)) is of investments of that company shall be ‘‘(1) to administer the New Markets Ven- amended— made in companies that, prior to that invest- ture Capital Program under part B of title (1) in the matter preceding paragraph (1), ment, are owned by women or minorities (as III; by striking ‘‘fiscal years 2001 through 2006’’ determined by the Administrator) or are lo- ‘‘(2) to assess, not less frequently than and inserting ‘‘fiscal years 2007 through cated in a low-income geographic area (as once every 2 years, the nature and scope of 2010’’; and that term is defined in section 351). the New Markets Venture Capital Program (2) in paragraph (2), by striking ‘‘(D) EXCEPTION.—The Administrator may, and to advise the Administrator on rec- ‘‘$30,000,000’’ and inserting ‘‘$20,000,000’’. on a case-by-case basis, impose such addi- ommended changes to the program, based on tional terms and conditions relating to the such assessment; Mr. KERRY. I suggest the absence of maximum amount of outstanding leverage ‘‘(3) to work to expand the number of small a quorum. made available as the Administrator deter- business concerns participating in the New The PRESIDING OFFICER. The mines to be appropriate to minimize the risk Markets Venture Capital Program; and clerk will call the roll. of loss to the Administration in the event of ‘‘(4) to encourage investment in small The assistant legislative clerk pro- a default.’’. manufacturing.’’. ceeded to call the roll.

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14757 Mr. SPECTER. Mr. President, I ask President was on record as opposing. ment to the budget resolution that unanimous consent that the order for He didn’t like the amount of money would have allowed the full repeal of the quorum call be rescinded. that was involved with children’s the AMT. The PRESIDING OFFICER. Without health. On November 7, 10 Republican The same day, I voted in support of objection, it is so ordered. Senators voted in support of passage of the Sessions amendment to the budget f the Labor, Health, Human Services and resolution that would have allowed Education Appropriations bill, despite families to deduct personal exemptions INFLAMED RHETORIC the President’s promised veto. He did when calculating their AMT liability. Mr. SPECTER. Mr. President, I have veto it. The RECORD is full of good-faith ef- sought recognition to comment about a So here you have 4 situations readily forts to solve this problem. But as indi- statement made by the majority lead- at hand, where 35, 18, 17, and 10 Repub- cated, as stated, the course which the er, Senator HARRY REID, yesterday lican Senators disagreed with the majority leader has taken is unsatis- that: President. It doesn’t sound like the factory to people on this side of the . . . President Bush, he is the man who is Senators are puppets in that context. aisle. Whether it is satisfactory or un- pulling the strings on the 49 puppets he has Yesterday Senator REID also com- satisfactory, it is not appropriate to here in the Senate. plained about the necessity to file clo- call 49 Republican Senators puppets. I have had my staff advise his staff ture some 56 times. Well, each time We are trying to move through the that I intended to make some com- cloture was filed, there is a complex business of the year—the people’s busi- ments about that so he would be noti- story behind the cloture. On a good ness. We have 21⁄2 weeks. Not a whole fied and could come to the floor if he many of those occasions, cloture was lot has been done. We were in on Mon- chose to do so. His office is right adja- filed and the so-called tree was filled, day; no votes. In yesterday; one non- cent to the floor. He is a minute or 2 which precluded Senators from offering controversial vote. We didn’t come in away. I believe that is a very inappro- amendments. There was a time when until noon today. priate statement. Senators proudly said that any Senator I have been around here a substantial I refer to rule XIX of the Senate could offer any amendment on any bill period of time and I wonder how we are rules, which provides: at any time. There might be some limi- going to get through all of the unfin- . . . No Senator in debate shall, directly or tations postcloture on germaneness or ished appropriations bills and the indirectly, by any form of words impute to on some rules, but a practice has devel- many other matters that are pending another Senator or to other Senators any oped in this body to foreclose that. The on the calendar. When the majority conduct or motive unworthy or unbecoming jargon is the ‘‘filling the tree,’’ and leader makes a proposal and asks for a Senator. when the tree is filled, nobody can offer Republican assistance, many of us have It is my view that being called a pup- an amendment. been willing to listen to what he has to pet is in direct violation of that rule. I Regrettably, that has been done by say. But he doesn’t improve his case don’t think there is much doubt about Republicans as well as Democrats. when he starts calling us puppets. I it. That is a term of derision, of ridi- When it is hard to affix blame around wonder if he is up to the job when he cule, of censure, and it is an oppro- here for the logjam, for our inability to resorts to that kind of a statement, brious term to make that statement. get much done, you can usually divide which only furthers the level of rancor I am especially concerned about it it 50/50 between the parties. So to say and insults and animosity with that because in the immediate past there Senator REID has had to file cloture on kind of an insulting comment. have been many Senators who have di- 56 occasions doesn’t tell you very I would be interested in the majority rectly disagreed with the President— much. leader’s reply, if he cares to make one. hardly puppets of President Bush or Then the issue he took up yesterday I will be near by the Senate floor. I yield the floor and suggest the ab- hardly puppets of anyone. Under our in filing for cloture on the AMT, alter- Constitution, the separation of powers sence of a quorum. native minimum tax, Senator REID The PRESIDING OFFICER. The makes the Congress separate from the filed for cloture on the House bill, executive branch and from the courts. clerk will call the roll. which stands very little chance of pass- The legislative clerk proceeded to That separation and that independence ing the Senate because it is fully offset call the roll. is something that Senators prize so with controversial revenue raisers. Mr. CONRAD. Mr. President, I ask very highly. So I don’t take it lightly, Now it is true that Senate Democrats unanimous consent that the order for and I don’t think the other 48 of my offered to remove the offsets but to the quorum call be rescinded. colleagues take it lightly to be called keep them in place for the tax extend- The PRESIDING OFFICER. Without puppets. ers. The Republican position has been objection, it is so ordered. Let’s look at the record. Within the that it is illogical to use permanent f past month, on November 8, 35 Repub- tax increases to offset a temporary ex- licans voted to override President tension of current tax policy. So there THE FARM BILL Bush’s veto of the Water Resources and is a good reason for what is being done Mr. CONRAD. Mr. President, I come Development Act. The veto was over- here. to the floor to talk about the negotia- ridden; 35 disagreed with the President. There is no doubt the AMT has to tions on the farm bill and to ask my It hardly sounds like there are 35 pup- have a fix. If it is not done, there will Republican colleagues to think very pets there to vote to override the be some 23 million Americans who will carefully—especially the farm State President’s veto. be taxed instead of the 3 million now. colleagues—about the circumstance we On April 11, 18 Republicans joined in So we are all dedicated to that propo- face with respect to the farm bill. support of the Stem Cell Enhancement sition. If you take a look at the The majority leader made an offer to Act of 2007. That is an issue that this RECORD on August 2 of this year, I of- the Republican leader during the break Senator has worked on extensively fered an amendment to the small busi- that we would have a chance to move since 1998, when stem cells first came ness tax relief bill to repeal the 1993 forward if they could do 10 amend- upon the scene, and I was chairing the AMT rate increase. ments on their side and we can do 5 Appropriations Subcommittee on On July 20, 2007, I voted in support of amendments on our side; that 2 of their Health and Human Services. We have a Kyl amendment to the educational 10 be unrelated to the farm bill, and had some 20 hearings. Twice we en- reconciliation bill, which fully repealed that we have 2 additional amendments, acted legislation to authorize the use the AMT. and the bipartisan amendments that of Federal funds for embryonic stem On March 23 of this year, I voted in have been filed would not count cell research. It doesn’t sound like the support of a Lott amendment to the against either allocation. That offer 18 Senators who bucked the President’s budget resolution that would have al- was made to Senator MCCONNELL, and position are puppets. lowed for repeal of the 1993 AMT rate Senator MCCONNELL has not yet an- On November 13, less than a month increase. swered or counteroffered. ago, 17 Republican Senators voted to Again, on the same day, March 23, I I hope the Republican leader will in- support the SCHIP program, which the voted in support of a Grassley amend- dicate how we could proceed. If there is

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14758 CONGRESSIONAL RECORD — SENATE December 5, 2007 a need for additional amendments—ap- UNANIMOUS-CONSENT REQUEST— This is not a controversial bill. It parently, Senator HARKIN indicated it H.R. 3074 makes critical investments in some of would be reasonable if there were 17 Mrs. MURRAY. Mr. President, I ask the most urgent needs of the American perhaps on their side and 14 on our unanimous consent that the Senate people and their local communities. side. Whatever the number is that proceed to the consideration of the That bill provides $195 million to re- would help us reach a conclusion would conference report to accompany H.R. place the I–35W bridge that collapsed in be very important for our being able to 3074, the Transportation-HUD, related Minnesota, an issue all of us came out advance the legislation that came out agencies appropriations, 2008; that on the floor and said we would move of the committee, without a dissenting there be 20 minutes of debate with re- rapidly to take care of. It is sitting vote. spect to the conference report, with the right here in the Senate, one step away There are 21 Members of the Senate time equally divided and controlled be- from getting it to the President to be Agriculture Committee, Republicans tween Senators MURRAY and BOND or signed into law, and the Republican and Democrats. This farm bill came their designees; that upon the use or leadership said no. So they are loudly out without a single dissenting vote. It yielding back of time, the Senate pro- complaining about our failure to make is paid for, it is less costly than the ceed to vote on adoption of the con- progress. President’s farm proposal, and it has ference report, without further inter- I would understand the actions of the the beginnings of reform. vening action or debate. Senate Republican leadership if they This is a reasonable offer. Certainly, The PRESIDING OFFICER. Is there had not taken a look at this bill and Senator REID made it. If you look at objection? realized the critical funding in it. Be- previous farm bills, typically the num- Mr. SPECTER. Mr. President, on be- sides the $195 million for the I–35W ber of recorded votes have been about half of the Republican leadership, I ob- bridge, we have $1 billion in enhanced 20 amendments, sometimes a bit more, ject. highway formula funding so all our sometimes a bit less. On average, there The PRESIDING OFFICER. Objec- States—all 50 States—can inspect and have been around 20 amendments that tion is heard. make repairs to their most deficient have actually been voted on. Senator The Senator from Washington. bridges, an issue we all agreed was im- REID’s proposal would have 17 rollcall Mrs. MURRAY. Mr. President, I have portant. votes before final passage. So that come to the floor today to make sure We have $75 million in new housing would be a bit below the average. The the record is clear on the difference be- vouchers that will shelter homeless leader has made clear that if there are tween what is being said in Wash- veterans, including our struggling vet- some additional amendments that are ington, DC, today and what is actually erans who have returned from Iraq and required in order to advance this pro- taking place. Afghanistan. This is critical funding posal, he is open to doing that. Yesterday, President Bush took to for which our communities and our the microphones to complain for the veterans are waiting. The current farm bill expires this second day in a row that Congress was It rejects hundreds of millions of dol- year. Farmers need to know and their not getting its work done. For a second lars in cuts that were originally pro- bankers need to know what the rules of day in a row, he complained that Con- posed by the White House, cuts that the road are going to be. So it is abso- gress is not sending him appropriations would have thrown Amtrak into bank- lutely essential we get this legislation bills that fund the most basic functions ruptcy and made the congestion at our through the Senate and we have an op- of Government. And for a second day in airports worse, not better. portunity to go to conference with the a row, our minority leader, Senator Our bill also includes $200 million House to work out the differences in MCCONNELL, followed suit. He came out which is urgently needed to provide the early part of next year. on the Senate floor and complained housing counseling services to keep Let me make one final point, if I that Congress has not sent the appro- struggling mortgage holders in their may. Some are saying just extend the priations bills to the President. homes. current farm bill by a year or two. Let’s be clear, I made a request to I wish to take a moment to talk First of all, we know that if it is a 1- pass the final conference bill for the about that last item, the $200 million year extension, it will be 2 years be- transportation-housing appropriations for housing counseling. This Nation is cause next year is an election year. Be- bill so it could be sent to President in the middle of a housing crisis. Mil- yond that, our colleagues should know Bush. What was the result? The Repub- lions of homeowners are at risk of los- the baseline for writing a farm bill is lican Senators blocked it from going to ing their homes in the next few quar- based on the last 5 years of experience the White House, and that was not the ters as interest rates on billions and with farm legislation. That baseline is first time that happened. They blocked billions of dollars in mortgages are already down substantially because the the transportation-housing appropria- being adjusted upward. last farm bill cost $17 billion less than tions bill from going to the White On Monday, a few days ago, the the estimates at the time it was writ- House twice before. Mr. President, 21⁄2 President’s own Treasury Secretary, ten. That baseline is going to go only weeks ago on November 15, they Hank Paulson, and his Housing Sec- in one direction for the commodity blocked it; 21⁄2 weeks ago on November retary, Alphonso Jackson, made provisions at least, and that is down. 16, they blocked it; and then they speeches on the need for Congress to So anybody who is concerned about blocked it again today. address the many steps necessary to writing a farm bill that meets the Let me tell you what is going on minimize this crisis. Secretary Paulson needs of the American people—not just here. President Bush and the Senate complained at a national housing the commodity title but nutrition, con- Republican leadership are trying to forum about the number of borrowers servation, research, and all the rest— quietly block our progress on funding who were entering foreclosure without should understand this noose is going the needs of the American people while contacting either their lender or their to do nothing but get tighter. It is al- loudly complaining about our failure to mortgage counselor. He said: ready very tight—very tight. make progress. For this public outreach campaign to be I hope our colleagues on the other I would understand the actions of the successful, there must be enough trained side bend their best efforts to come up Senate Republican leadership if our mortgage counselors to answer the phone with a response to the proposal the ma- transportation-housing bill was par- when homeowners call. The administration jority leader made to reach conclusion, requested funding for NeighborWorks Amer- tisan or divisive, but the conference ica and other nonprofit mortgage counseling and I hope they do it soon. The clock is agreement we are trying to move again operations in its budget. ticking. American farm and ranch fam- today has the support of every single f ilies across this country are waiting. Republican who sat on the conference We should not ask them to wait past committee in the House and in the EXTENSION OF MORNING Christmas. So much needs to be done, Senate. That bill originally passed the BUSINESS so many decisions need to be made, but Senate with 88 votes. That conference The PRESIDING OFFICER. The Sen- Congress needs to act now. agreement has already passed the ator’s time under morning business has I yield the floor. House with 270 votes. expired.

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14759 Mrs. MURRAY. Mr. President, I ask been complaining about the need for At the National Foundation for Credit for 4 additional minutes to finish my mortgage counseling, and he said: Counseling, where about half the counselors statement. For this public outreach campaign to be at its member agencies focus on housing The PRESIDING OFFICER. Is there successful, there must be enough trained issues, President Susan Keating says: ‘‘We objection? mortgage counselors to answer the phone are very, very busy.’’ Mr. CORNYN. Mr. President, I was when homeowners call. The administration Government and mortgage industry offi- cials don’t often agree on what caused the going to use the occasion to ask unani- requested funding for NeighborWorks Amer- ica and other nonprofit mortgage counseling mortgage crisis, what its impact will be, or mous consent that following the Sen- how to cure it, but they all say that reaching ator from Washington speaking, I operations in its budget. But the appropria- tions bill has yet to be finalized; Congress homeowners before they go into foreclosure would like to be recognized for up to 10 needs to get it done quickly. is difficult. minutes in morning business. If a homeowner with an adjustable-rate Mrs. MURRAY. Mr. President, we That was not me, that was Secretary mortgage that is about to reset, or one who have a number of Senators on our side Paulson. We can do that right now. In is behind in payments receives mail from his seeking recognition. Perhaps we can fact, we could have done it last month. lender offering help, the homeowner responds put that together fairly quickly. We are trying desperately to send this 3 to 5 percent of the time, according to Hope The PRESIDING OFFICER. The bill in its final stages that includes Now, a new alliance of mortgage industry and nonprofit organizations. If the offer Chair notes that at this time, there is critical investment in housing coun- seling to the White House, just as Sec- comes from a community group, the re- 5 minutes left in morning business for sponse rate is about 25 percent. About 50 per- the Republican side. The Democratic retary Paulson said he wanted us to do. cent of homeowners who go into foreclosure side has used all of its time in morning The bipartisan conferees on this bill do so without ever contacting their lender. business. agree that the amount the President ‘‘If we are to make a difference, that num- Mrs. MURRAY. Mr. President, I ask asked for was too low to meet the de- ber has to be reduced,’’ Paulson said. unanimous consent that morning busi- mand for housing counseling, given the The best hope, many think, may be ness be extended to include 4 minutes size of the problem. Congress acted. We through the nonprofit community. The toll- for myself, the Senator from Wash- increased it substantially. But even free number Paulson touted—888–995–HOPE— ington—— though every Republican conferee on has seen a spike in volume, to 3,000 calls a Mr. CORNYN. I would like 10 min- our bill signed onto that plan, we are day from 300 a year ago. There are 180 consumer counselors from six utes. now being blocked from sending it to nonprofit groups answering those calls. That Mrs. MURRAY. Ten minutes to the the White House. I only wish the Sen- will increase to 250 by the end of the year, Senator from Texas, 5 minutes to the ate Republican leadership would follow according to the Homeownership Preserva- Senator from Montana, 10 minutes to the words of Secretary Paulson and tion Foundation, which manages the hotline. the Senator from Illinois. Secretary Jackson about the need for With an estimated 2 million adjustable- The PRESIDING OFFICER. Is there this urgent initiative. rate mortgages scheduled to reset in the objection? Yesterday’s Washington Post pub- next two years, even that likely will not be Mr. DORGAN. Mr. President, I as- lished an article on our $200 million enough. ‘‘We are definitely not going to be sumed we were going to go off morning housing counseling initiative. I ask stopping at 250,’’ said Tracy Morgan, a spokeswoman for the foundation, which is business and onto the calendar. I was unanimous consent to have printed in going to speak for 20 minutes, so I will largely financed by the mortgage industry. the RECORD the Washington Post arti- The counselors focus on diagnosing the speak in line of appearance on the floor cle. homeowners’ problems, then direct them to a for 20 minutes at whatever appropriate There being no objection, the mate- local community group for help or guide time that is. rial was ordered to be printed in the them through a call with their lender. The Mrs. MURRAY. I add that to the con- RECORD, as follows: initial call usually lasts about 45 minutes as sent request, that if there are Repub- [From the Washington Post, Dec. 4, 2007] the counselor puts together a detailed budg- et analysis and creates an action plan for the lican Senators who would like inter- NONPROFIT GROUPS TAKE CENTER STAGE homeowner, according to the foundation. vening times, in between, we include (By Renae Merle) those as well in the unanimous consent That could include getting a second job or In the middle of his speech yesterday on reducing spending. The foundation does not request. the administration’s efforts to fix the mort- The PRESIDING OFFICER. The Sen- charge homeowners for the service. gage crisis, Treasury Secretary Henry M. In a separate program, the Neighborhood ator from Texas. Paulson Jr. paused to carefully spell out a Assistance Corporation of America acts as a Mr. CORNYN. Reserving the right to toll-free telephone number that troubled go-between, working out deals with lenders object, and I will not object, I express homeowners can call for help. on behalf of borrowers. Under its deal with my appreciation to the Senator from The hotline is not staffed by government Countrywide, the Neighborhood Assistance Washington for allowing Republican officials or mortgage lenders. Rather, the Corporation of America has restructured Senators to intervene and the extent to calls are answered by consumer counselors about 200 loans. which Democratic Members speak, I from nonprofit groups, which are taking an Like many nonprofit groups, it has seen increasingly high-profile role in helping bor- would like to make sure we have equiv- demand for its services climb in the past rowers with mortgage problems. year and attributes most of the increase to alent time on our side. I think we can The groups are acting in some cases as a homeowners with adjustable-rate mortgages. work that out. buffer between lenders and homeowners. Leg- To keep up with demand, the organization is Mrs. MURRAY. That is included in islation is pending before Congress that opening five offices around the country and would tap NeighborWorks America, a na- my request. I ask additionally that is hiring about 30 employees a month. tional nonprofit group, to distribute $200 Senator MENENDEZ be allowed 10 min- ‘‘This is just the beginning. It is going to million to local counseling centers. In Octo- utes as well as the end of that unani- get far worse,’’ said Bruce Marks, the group’s ber, the Neighborhood Assistance Corpora- mous subsequent request. chief executive. The PRESIDING OFFICER. Is there tion of America, often a vocal critic of mort- gage lenders, signed a deal with Countrywide Mrs. MURRAY. Mr. President, this objection? The Senator from Montana. Financial, the nation’s biggest mortgage article describes the importance of Mr. BAUCUS. I ask that my 5 min- lender, to help restructure loans for strug- nonprofit housing counseling agencies utes be expanded to 10 minutes. gling Countrywide clients. and all they can do to help keep our The PRESIDING OFFICER. Does the However the administration addresses the mortgage holders in their homes. Senator so modify her request? mortgage crisis, ‘‘they are going to need the Mrs. MURRAY. I do. nonprofit community,’’ said Kenneth D. Finally, I wish to say this: In the re- The PRESIDING OFFICER. The re- Wade, chief executive of NeighborWorks. cent days, the storms in my State of quest is so modified. Is there objection His group is training new housing coun- Washington highlight how critical and to the existing unanimous consent re- selors and plans to double its counseling important this bill is. Devastating mud quest? Without objection, it is so or- staff by next month. ‘‘We think every con- slides and floods in my State of Wash- dered. sumer needs a mortgage adviser,’’ he said. ington and the State of Oregon have Nonprofit organizations around the coun- swamped out homes and washed out f try are already seeing a soaring demand for roads all across our States. It has been THUD APPROPRIATIONS their services. St. Ambrose Housing Aid Cen- ter in Baltimore, which usually sees about devastating. Families are hurting. Peo- Mrs. MURRAY. Mr. President, as I 700 families a year, says it has met with al- ple cannot get to work. People cannot was saying, Secretary Paulson has most 2,000 so far this year. get to where they need to go. Many of

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14760 CONGRESSIONAL RECORD — SENATE December 5, 2007 our roads are closed, including a 20- The fact now is that we have before jority party voted to fully repeal the mile stretch of Interstate 5, a major ar- us an effort—a misguided effort—to AMT, and only one Democrat sup- tery connecting Seattle and Portland, protect 23 or so million Americans ported a proposal that would have which will be closed through Thursday, from a middle-class tax increase. We rolled the increase in the AMT back to possibly longer, and the floods have know health care providers and physi- rates that took place under President virtually isolated communities across cians are going to be subjected to Dra- Clinton. Of course, history tells us that the Pacific Northwest. My heart goes conian cuts in their reimbursement President Clinton himself vetoed the out to all these families who have been rates. We know our intelligence com- bill that would have eliminated the affected. munity needs a permanent solution to AMT back in 1999. We are going to be feeling the effect the Foreign Intelligence Surveillance We know the majority leader has now of this storm you have been watching Act, which will expire in February. filed cloture on H.R. 3996, known as the on television for days, weeks, possibly And we know that instead of providing Temporary Tax Relief Act of 2007. months. That is not just because it the funding to our troops that they Note, Mr. President, the title, ‘‘Tem- caused serious damage to our roads and need in order to protect us and our al- porary Tax Relief.’’ While the bill pro- bridges. The closure of I–5 forced cars lies in the global war on terror, we are vides limited temporary relief for tax- and trucks traveling from Seattle to seeing strings attached, other quali- payers, it, at the same time, perma- Portland to detour all the way to the fications insisted upon by the other nently increases taxes on America’s en- Tri-Cities. That is a drive that not only party, which have impeded and slowed trepreneurs and makes it more dif- takes 4 hours longer, but it means our down and, indeed, to this point stopped ficult for the United States to remain drivers have to go across a high moun- our ability to fund our troops. competitive in the global capital mar- tain pass, not once but twice, to get to I wish to particularly, though, focus ket. In other words, it makes taxpayers Portland. Think about the effect that on the tax increase that, as a result of pay for the mistake Congress made 40 is going to have on our businesses and the inaction of the majority—the so- years ago when it created the AMT. our economy. called alternative minimum tax—is The bill makes fundamental changes The impact of that storm reinforces going to take place unless we find some to the laws affecting the taxation of how important transportation infra- way to work our way through this partnerships. These partnerships have structure is to every single one of us. issue without a tremendous tax in- successfully encouraged the pooling of We need to make those investments in crease on other hard-working Ameri- capital, ideas, and skills in a manner our roads, in our bridges, in our air- cans. that promotes entrepreneurship and ports, in our railways because one rain If there were ever a misnomer for a risk-taking, and, not to be overlooked, storm, one bridge disaster, one airport tax, this would be it because for an in- jobs. The bill raises taxes on capital disruption can have huge impacts on creasing number of Americans the al- formation in the United States and will our families and our economy through- ternative minimum tax is neither al- increase the cost of and thus decrease out the region and throughout the ternative, nor is it minimal. the availability of capital to businesses country. Congress, it should be remembered, throughout the country. The bill will I am deeply disappointed the Repub- created the AMT almost 40 years ago in severely handicap a vibrant and grow- lican leadership has said no. This is a response to the testimony of the then- ing part of the U.S. economy in terms bill that has passed the conference Secretary of the Treasury that 155 tax- of our global competitiveness. committee, passed the House, and it payers paid zero Federal income tax on International competition for capital has one more step to make it to the their 1967 tax returns. Unfortunately, is a driving factor for business. At a President. It has bipartisan support. but I guess predictably, this tax, cre- time when many of us are raising con- There is no reason we cannot finish ated to target the very rich, the 155 cerns regarding the competitiveness of this business, send it to the President, who paid no taxes, has now grown to U.S. capital markets and pointing out and get one of the critical appropria- cover roughly 6 million people today that our economic competitors are tions bills done that he has been and will grow to cover roughly 23 mil- doing everything they can to emulate yelling we have been holding up. It is lion people next year unless action is the success of our capital markets, the here. We are ready. We are waiting for taken. It has, in the process, grown to last thing we should want to do is to a response. cover more and more taxpayers and put the United States and U.S. busi- I yield the floor. now will capture unsuspecting middle- nesses to a disadvantage by increasing The PRESIDING OFFICER. The Sen- class taxpayers by surprise unless Con- taxes on capital formation and driving ator from Texas. gress acts. This is because, unlike the investment dollars away to other mar- Mr. CORNYN. Mr. President, I hear regular income tax, the AMT is not in- kets. We simply can’t afford for the the distinguished Senator from Wash- dexed for inflation. This means that Senate to tax long-term investments in ington and other Members on that side over time, economic growth and infla- a way that puts America at a competi- of the aisle complain about their in- tion have caused a steady increase in tive disadvantage. ability to get things done. But I have the number of middle-income tax- Many on the other side would argue to remind them, here we are on Decem- payers who will get hit by the AMT. that any AMT relief should be ‘‘paid ber 5, 2007. We have been operating on Working parents who have children and for’’ by raising revenue in order to neu- a continuing resolution because the qualify for deductions and credits tralize the effect of the AMT cut. They majority has failed to pass and send to under the standard tax system get a say they can’t just fix the AMT be- the President 11 appropriations bills. rude awakening when they discover cause it is revenue they have already We are not doing the basic work Con- they are subjected to the alternative anticipated. This is a revenue which, in gress is supposed to do to keep the minimum tax, which literally cancels fact, they need to fund the ever-in- lights on, to keep the Government out many of these deductions. This will creasing growth of the Federal Govern- working. Unfortunately, it doesn’t stop add unnecessary complexity to the Tax ment, unfortunately demonstrated by there. Code and increase tax compliance costs pork-laden appropriations bills and a Mr. BAUCUS. Will the Senator yield? and complicate taxpayers’ decisions. bloated budget. At every turn through- Mr. CORNYN. I will not yield. In recent years, Congress has enacted out the year’s appropriations season, Mr. BAUCUS. I think the Senator temporary fixes to prevent the AMT we have seen the majority push for from Washington made a point to show from hitting millions of taxpayers with more and more spending. Threatened the Senator from Texas is incorrect. a higher tax bill. While this solution is with a Presidential veto, they have Mr. CORNYN. I will reclaim my right not perfect, it did at least limit the dared the President to veto these to the floor. reach of the AMT. bloated spending bills, only to find us The PRESIDING OFFICER. The Sen- Now, the Senate has considered legis- in the mess we are in today. ator from Texas has the floor. lation on five different occasions that Those on the other side of the aisle Mr. CORNYN. I will be glad to re- would have either eliminated the AMT have been counting on the increased spond to the distinguished Senator or greatly scaled it back. In one in- revenue from the AMT to fund their after I conclude my remarks. stance, not a single member of the ma- growth of the Federal Government.

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14761 They seem to consider the mistaken is saying. I might say, Mr. President, Well, Mr. President, I have another growth of the AMT to be some kind of there is not one Senator on the floor suggestion. In fact, it was even men- windfall profit, and, in fact, they seem who disagrees with that—maybe one or tioned by our leader. Let us bring up to have forgotten where the money two, but this Senator wants to fix AMT AMT not paid for alone. Will the Re- comes from in the first place. We all so Americans do not have to pay an ad- publicans object to that? So far, they should know it comes from hard-work- ditional tax in calendar 2007 when they have. I am waiting. Where is the Re- ing American taxpayers, families, peo- are preparing their tax returns next publican Party? Do they or do they not ple in my State of Texas who already year. I daresay virtually every Member want AMT fixed in 2007? What could be pay their fair share of taxes and can’t on this side of the aisle has that same easier? Bring it up—alone, unpaid for. afford to bear the burden of the Gov- belief. We do not want to force that ad- Where are they? Why don’t they accept ernment’s mistakes. So rather than fix ditional tax on Americans for all the it? What is going on here, Mr. Presi- the AMT and protect taxpayers from reasons he correctly stated; namely, dent? What could be easier? What could this unwarranted and unexpected tax this was a provision which was enacted be more appropriate? What could be increase, my colleagues would prefer to in the code back in the early 1960s in- more Republican? Lowering taxes, un- replace the AMT revenue with a new tended to ensure—I think there were paid for. No, they do not want to do tax under a new name. I have to tell 200 only, very wealthy Americans who that, either, which is a good indication you that this kind of shell game is a were not paying income taxes and who to me that what is really going on too typical Washington approach. should pay some income taxes. That here—what is really going on here—is Instead of figuring out ways to keep was the genesis of the alternative min- that side of the aisle will do whatever the hands of Washington bureaucrats imum tax. Unfortunately, as has been is possible to prevent the Congress stated by many speakers, it was not in- in the pockets of taxpayers, this Con- from even passing legislation that is dexed, so over the years more and more gress ought to continue to do all it can very good for the American people. to protect millions of middle-class tax- middle-income taxpayers have had to Mrs. MURRAY. Will the Senator pay this additional tax, and frankly, payers from a tax that no one ever in- from Montana yield for a question? ironically perversely, the most wealthy tended for them to have to pay in the Mr. BAUCUS. I will be glad to yield. Americans have escaped. Mrs. MURRAY. Mr. President, I ask first place. Taxpayers already work for So this alternative minimum tax the Senator from Montana, within the 4 months out of the year to pay their does not do what it was intended to do. extenders package is the deduction of local, State, and Federal taxes. The It was not a tax on the most wealthy the State sales tax extension, some- last thing Congress should be doing is because basically the capital gains pro- thing that has been granted by Con- increasing the number of days Amer- visions in it are so low, the net effect ican taxpayers work for Uncle Sam in- is the basic rate is 26 percent for the gress for the last 7 years to a number stead of for their families. first $75,000 and 28 percent just above, of States that were, prior to a few What is worse, Congress’s inability to and so it affects taxpayers who make years ago, not able to deduct their provide timely AMT relief will also between $75,000 and $500,000. That is State sales tax. That is very important cause unnecessary delays in processing who it hits. We want to repeal that for to people in my State. We need to have tax returns and getting refunds to tax- 2007. Virtually every Senator here this extender passed. I wish to ask the payers who are entitled to them. The wants to repeal that for 2007. We are Senator from Montana if that is one of IRS Oversight Board, an independent trying to do it. We are trying to get the issues that is being blocked now by board created by Congress as part of that enacted—the repeal for 2007—so the Republicans as they object to going the IRS Restructuring and Reform Act taxpayers don’t pay it. to this package because as we come up of 1998, told Congress just last month What has happened? We are being on the end of the year, as families are that a delay threatens the IRS’s ability blocked. We are being blocked. Just as looking at what to purchase for Christ- to process returns and issue refunds in the Senator from Washington was try- mas, this is something extremely im- a timely manner and will impose a sig- ing to get an appropriations bill up, she portant to them. If this is not going to nificant burden on taxpayers. But that was blocked in her effort by the other be extended, it will impact their in- is where we find ourselves today as a side of the aisle. Just as the President comes at a critical time, when we are result of the mismanagement of our of the United States says: Congress, do facing rising gas prices, the cost of our agenda. your work, do your work, pass appro- mortgages, and people are worried According to the IRS governing Over- priations bills, he is, in effect, instruct- about everything else. sight Board, delaying the filing season ing his minions here to do the oppo- So I would ask the Senator from by just 2 weeks would delay the proc- site—to block. That is what is hap- Montana, is the State sales tax deduc- essing of 6.7 million returns, putting a pening. tion part of that extension that is now hold on $17 billion in refunds owed to The Senator from Texas, I would being blocked? hard-working American taxpayers. If daresay—and it is a presumption to say Mr. BAUCUS. I say to my dear friend the tax season is delayed by 1 month, this—would probably vote against ef- from Washington that it is part of the this would delay 40 million returns forts here on the floor to bring up a extender package that is in there. So if from being processed, and $87 billion in way to fix AMT. There is a cloture mo- that were extended this year and that refund checks owed to taxpayers would tion pending right now, Mr. President. would go into effect, the good people of remain in the Federal Treasury. This is It is basically on the House-passed bill the State of Washington would not real money to real Americans, and the to fix AMT. The leader offered a couple have to pay that. political games surrounding it ought to suggestions. What are they? One is, Mrs. MURRAY. I thank the Senator end. We should not be using the AMT well, if we can’t do that, let’s take up from Montana. It is very important to relief as hostage to be exchanged for the measure proposed by myself and our State and a number of other tax-and-spend policies and the growth the ranking member of the Finance States—I believe Texas and other of the Federal Government. Taxpayers Committee, Senator GRASSLEY. What States here. I hope the Republicans can’t afford it and neither can the does it provide? It basically says: don’t continue to block this so we can American economy. Okay, repeal AMT. We have the AMT indeed make sure our constituents are Mr. President, I yield the floor. patch unpaid for, 2007. In addition, we taken care of. The PRESIDING OFFICER (Mr. have to pass these so-called tax extend- Mr. BAUCUS. I appreciate that. I CARDIN). The Senator from Montana. ers for 1 or 2 years and pay for it. No- may also say I suspect—I am only Mr. BAUCUS. Mr. President, if I un- body seems to complain about that; the guessing here—the objection from the derstand the Senator from Texas cor- complaint is whether the AMT should other side of the aisle is in part mis- rectly, he is essentially complaining be paid for. We are willing, myself and chievous. Senators from the other side that Congress has not passed legisla- Senator GRASSLEY, to bring up and ad- of the aisle wish to force some votes on tion to prevent the alternative min- vocate the passing of that legislation. some other measures which are not apt imum tax from going into effect for Blocked. We couldn’t get consent to at this moment. What are they? Presi- American taxpayers for calendar year bring that up. Not paying for AMT but dent Bush’s tax cuts, extending the tax 2007. I think that is basically what he paying for extenders blocked. cuts, extending the 2001 tax cuts. Some

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14762 CONGRESSIONAL RECORD — SENATE December 5, 2007 Senators on the other side want to So there is nothing to conflict with it. came crashing down, with deaths in- force a vote on that. That doesn’t ex- We have plenty of time. Shouldn’t we volved and real concern across America pire until 2010. This is 2007; AMT ap- earn our paycheck today by doing about the quality and safety of our in- plies to 2007. We have to act now. This something? The bill she wanted to frastructure. Senator MURRAY, on this isn’t 2010. bring is an appropriations bill and it is bill, on a bipartisan basis, puts money Others wish to vote on the 2003 tax a conference report that has been in—$1 billion, is it?—for bridges across cuts, which expire—when? Again, 2010. signed by every Democrat and Repub- America, including the bridge in Min- Not now; in 2010. lican—bipartisan. Everybody is agreed neapolis. I see my time is expiring. I strongly on it. I would beg Senator NORM COLEMAN urge people to focus on what is going She asked to bring it to the floor to of Minnesota to speak to Senator COR- on here—not the rhetoric, just look at consider it, and there was an objection NYN of Texas and ask him to take his the facts. The facts are that I, as chair- from the Senator from Texas. Senator hold off this bill, to stop objecting for man of the Finance Committee, am JOHN CORNYN objected. the good of his own home State of Min- willing and do advocate bringing up Senator MURRAY tried to explain nesota and for all of our States. I hope legislation to repeal the alternative what was in this bill, how important it Senator CORNYN of Texas will recon- minimum tax as it applies to taxpayers is. He didn’t waiver. He said that is it, sider his position; will remove his ob- for 2007. There are various ways to do we object to considering this bill. jection to this bill; will let us move to it. One is the House-passed bill. If that Eventually she yielded the floor to this appropriations bill in a timely doesn’t work, we will do the measure Senator CORNYN who stood up and said, fashion. proposed by myself and Senator GRASS- Do you know what is wrong with this This is not the only time we have run LEY, which is AMT, not paid for, but Senate? We are not considering any ap- into this. Senator CONRAD of North Da- the tax extenders paid for. If that propriations bills. Just minutes before kota was here a moment ago, begging doesn’t work, I am even willing to go it was Senator CORNYN of Texas who for the farm bill to come to the floor. so far as to see AMT alone, not paid objected to considering an appropria- Every 5 years we have a new farm bill. for. That is where we should be and tions bill. That is a matter of record. It takes a lot of work to put it to- what we should do. But beyond that procedural experi- gether. It is a very important bill to Il- Finally, I don’t know if I am known ence, look what was in that bill. It is linois and almost every State, and the as a partisan guy. I think I tend to be not just—just?—transportation and Republicans have stopped it in its perceived as somebody who tries to housing and urban development; $200 tracks. We waited here on this floor for work things out, tries to be pragmatic, million is in there for housing coun- 2 weeks and did nothing because the tries to get things done, not flail in a selors across America. What are they Republicans refused to reach an agree- partisan manner, not engage in flowery going to do? They are going to try to ment on moving this bill forward. The rhetoric for the heck of it, getting help families work themselves out of Senate rules are written so that even a headlines, and so forth. There comes a this mortgage foreclosure crisis we are minority party can stop business. Sen- time when you have to call it like it is, facing. This money is desperately need- ator CONRAD said, let’s agree on a list say it like it is. That is what I am try- ed. Senator MURRAY worked to put it of amendments. You can have yours, ing to do. I am trying to be practical in the bill so people would have a help- we will have ours, but let’s get going, and pragmatic here by calling it, say- ing hand to save their homes when let’s get to work. And the Republican ing what is going on here, and that is, they are facing foreclosure. answer is no. despite the cries from the other side, How big an issue is this? Mr. Presi- It is not the first time. Fifty-six despite the cries from the White House dent, 2.2 million Americans face fore- times so far this year, the Republicans for Congress to fix AMT, they them- closure on their mortgages. If they go have filibustered, stopping debate, selves, behind the scenes, indirectly, forward with those foreclosures, 44 mil- stopping legislation, stopping attempts are blocking it. They are blocking it. lion American homes will lose value. to make America better—56 times. They are saying one thing and doing You see, the mortgage crisis is not You might say, I am sure that goes something else. just your neighbor’s problem, it is your on every day, doesn’t it? No. The As my father used to tell me, it is problem. If that house on your block is record in the Senate is 61 filibusters deeds, not words. They have the words foreclosed upon, the value of your over a 2-year period of time. The Re- but they also are blocking the deeds. I home goes down. That is a fact. So 44 publican Senators this year are about hope very much they change their million homeowners across America to break the record for filibusters in minds and allow us to pass legislation are waiting to see if this Government one Congress in 1 year. It tells you here to fix AMT, because it is up to will do anything. what they are all about. It is not doing them to let us do it. Senator MURRAY comes to the floor the people’s business. It is not trying I yield the floor. and tries to move the bill to do some- to solve the housing crisis, dealing The PRESIDING OFFICER. The as- thing. The Republicans object. with the farm issues. It is about stop- sistant majority leader is recognized. I tell you, this is an issue that ping the business on the floor of the Mr. DURBIN. Mr. President, I see the strikes home in Illinois. Cook County, Senate. They are using that oppor- Senator from Georgia is on the floor. I where Chicago is located, has the sec- tunity and that authority to do that. know it is our custom to take turns on ond highest number of foreclosures of I want to correct the RECORD. Staff each side of the aisle, but I ask his in- any county in America—56,000 mort- just advised me that Senator SPECTER dulgence. I have to chair a sub- gage foreclosures. As a result, two out and not Senator CORNYN was directed committee hearing at 2:30. Unless he of three homes in Cook County, IL, will on behalf of the Republican leadership has a scheduling conflict, if he would lose value. This is a crisis. It is not to object to the earlier bill. I want to allow me to go first, I would appreciate only a housing crisis, it has put our make it clear and apologize to my col- it. economy in a tailspin. We are trying to league Senator CORNYN—we are Mr. ISAKSON. As a Bears fan, I will move and act and do something about friends—and I misrepresented his posi- be happy to relinquish the time to the it, and the Republicans say no. No, we tion on that because it was, in fact, Senator from Illinois. don’t want to do that. Senator SPECTER of Pennsylvania Mr. DURBIN. Thank you. We need all That is unfortunate. It is unfortunate speaking on behalf of the Republican the help we can get. for the homeowners who need a helping leadership, Senator MCCONNELL of Ken- Mr. President, what I have heard this hand. It is unfortunate for their neigh- tucky, who objected to the transpor- afternoon on the floor of the Senate is bors who do not realize that this kind tation bill. I hope the RECORD reflects nothing short of incredible. The Sen- of effort by the Republican Senators is that, and my apologies to Senator COR- ator from Washington came to the not in the best interests of America or NYN for mentioning his name improp- floor and asked to bring an appropria- its economy. erly. tions bill up for us to consider. Have It troubles me as well because this But the position still stands. A Re- you noticed how much business we are bill includes money to rebuild the publican leadership position, directed doing around here? The answer is none. bridge near Minneapolis, the one that to stop the appropriations bill, and

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14763 then Republicans coming to the floor THE MIDDLE EAST ested in seeing to it that they deliver saying, Isn’t it a shame we can’t move Mr. ISAKSON. Mr. President, last on that security, because they under- appropriations bills. week the Middle East observed a his- stand that without security there can The last thing I want to mention is toric anniversary, in fact, a historic never be any peace, without peace the alternative minimum tax. This will anniversary for all of mankind, for the there can never be a Palestinian State. affect 19 million Americans if we don’t 29th of November was the 60th anniver- This President, George Bush, whom I change it. Some are in higher income sary of the U.N. resolution partitioning commend for bringing about the An- categories. Many are not. We want to the State of Israel and providing a napolis conference, was very coura- make sure we correct this problem and homeland for the Israeli people. I had geous 6 years ago when as President of move forward with it. I think the re- the opportunity to be in Israel while the United States he declared he would sponsible thing to do is, if you are that celebration was taking place. An- support a homeland and security for going to cut a tax, either raise another other event took place in Annapolis, the Palestinian people, right after the tax or cut spending. I think that is re- MD, the home State of the Presiding Palestinians and the people of the Mid- sponsible. Republicans reject that. Officer, last Tuesday, the 28th of No- dle East accepted and acknowledged They say we want to cut taxes and we vember, when 18 Arab Nations, the Pal- Israel’s right to exist and respected its don’t want to pay for it. We want to estinian Authority, and Prime Minister state. add to the deficit and it is OK, and Olmert of Israel met in Annapolis, to I believe the desire is in the Pales- they can prevail because we don’t have try to begin the process for the road- tinian people to have their homeland. I 60 votes. It takes 60 votes to accom- map for peace in the Middle East. I believe the will is there to see to it plish something here on the Senate think all of us are encouraged, happy, that is accomplished. But as long as floor of controversy. and rewarded that the result of that terror, through the elements of Hamas So what we offered to them is their conference was an agreement between and Hezbollah, continue to threaten way of looking at the world. We will let the Palestinian Authority and Israel to and intimidate the people of Israel, it you cut this tax and not pay for it, just try, over the next 12 months, to reach will never happen. add to the deficit, the old Republican an agreement by the end of 2008, which So the first step, following that way of doing things. You prevail. You will in fact bring about peace in the agreement at Annapolis, is for the Pal- win. And their answer? No, we won’t Middle East. estinian Authority to secure Gaza and even let you go to the bill under those All of us have great hope, but all of to secure the West Bank. But you do circumstances. It is pretty clear; it is a us have great wonder how we get from not go to the Middle East, as I have question of blocking and intransigence. the agreement to try to actually hav- four times in the last 5 years, and not In addition to the fact that the Re- ing that happen. Since I had the occa- realize in the end it is also all about publicans are blocking the farm bill, an sion to be in Israel, I thought I would Iran. attempt to deal with the mortgage cri- share for a second the fact that, as As long as there are state sponsors of sis in America, bridge building for the complex as the Middle East is, as chal- terrorism, whether it be Hezbollah or State of Minnesota and all other lenging as the issues are that face the Hamas or whether it be infiltration of States, and dealing with the alter- nation of Israel and the Palestinian terrorists or IEDs into Iraq, you can native minimum tax, it is pretty clear Authority, there are some simple steps never truly have peace and security. they want this Congress to end without upon which we can build to possibly But this President deserves great any accomplishments. They had a do- get to a true roadmap to a lasting credit for setting up the conference at nothing Congress which cost them con- peace in the Middle East. Annapolis. Condoleezza Rice deserves trol in the last election. They are de- There is no question, from having great credit for five times traveling to termined to do everything they can to gone there, that the first step is secu- the Middle East, from one Arab state make sure we do nothing in this Con- rity. The State of Israel deserves the to the other, encouraging those states gress. to attend. It should not go unnoticed Sadly, the message to the American security to live in peace and without by anybody, us in America and voters is we need more votes. If you intimidation and without threat. Not Ahmadinejad in Iran, that when finally want real change in Congress, we need long ago, Israel took its settlements pressed, the 18 Arab states all came to more Senators to come to this floor out of Gaza, moved those settlements Annapolis because, in the end, they all who want to accomplish things, rather out of Gaza to its perimeter. Within than stop things and block things. months, Hamas took over as the lead- want peace. But in the absence of secu- That is what we have seen repeatedly ing authority in Gaza, a Palestinian rity and the presence of terror it can- here, this day and every day during the area, and instead of securing it for not happen. I commend our President for bringing course of the session. I had hoped a themselves began a method of intimi- about the conference in Annapolis. I handful of Republican Senators would dation and threat and terror against stand up and say: Enough. We have a the people of Israel. Last Saturday, I commend the people of Israel for mak- responsibility to the people of this stood on the last Israeli outpost over- ing the first step in Gaza and acknowl- country, a responsibility that goes be- looking Gaza, talking to an Israeli man edge their concern now that that first yond our party responsibility. We need and Israeli woman who lived in the set- step has only been rewarded with acts to pass a farm bill, we need to do some- tlement outside of Gaza, as a rocket of terror against their own people and thing about the housing crisis, we need went off and was fired into that very encourage the Palestinian Authority to to give real tax relief to American fam- settlement, a practice that every day continue to work in the West Bank, ilies. continues to take place, to intimidate, and later in Gaza, to root out ter- We are still waiting for those voices, to threaten, and to terrorize. rorism, bring about security, so the and I hope they will come to the floor As long as elements of terror such as State of Palestine and the State of and accomplish that. In the meantime, Hamas and Hezbollah in Lebanon con- Israel can live in harmony. And for us we will continue to make our offers to tinue to disrupt, we will never be able in the free world, one of the biggest the Republican leadership, to find a re- to reach a platform upon which we can threats to our security is lessened be- sponsible way to move forward. I hope have a roadmap to peace. But security cause people are living together in they will accept this opportunity and I could possibly take place. I want to peace and not in terror and not in fear. hope we can get something accom- commend the Palestinian Authority on In closing, I wish to acknowledge the plished. It is clear, as this empty its initial steps in the West Bank, one great ally we have in Israel, the resil- Chamber passes hour after weary hour village at a time, to attempt to bring ience of their people, to that young doing nothing, the American people are about peace and security on that side man and woman I met on the hill over- fed up with it. I think they are fed up of Israel and in that area of the di- looking Gaza, who daily meet the with it enough to want real change in lemma. threats of rockets coming from terror- the next election. I met with the Foreign Minister, ists, and let them know that we in I yield the floor. Riyad Maliki, of the Palestinian Au- America are with them, and one day The PRESIDING OFFICER. The Sen- thority, who passionately convinced peace and security can become a re- ator from Georgia is recognized. me that he and his leadership are inter- ality if we begin to get the security in

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14764 CONGRESSIONAL RECORD — SENATE December 5, 2007 the areas of the West Bank and in try, and we cannot bring a bill to the the ones who want to spend money, Gaza. floor earlier this year on homeland se- after the President has asked for $196 I yield the floor. curity appropriations to fund the pro- billion in additional spending that he The PRESIDING OFFICER. The Sen- grams without having a filibuster by wants. ator from North Dakota. the other side on a motion to proceed, He said that $22 billion we wanted to f not even on the bill, but a motion to invest in this country was too much OBJECTIONS proceed to the bill. That describes what money. We were $22 billion apart, with the other side has done all year long. respect to the President’s budget and Mr. DORGAN. Mr. President, what is Now, in December, they come to the our bipartisan approach on the appro- happening in the Senate is going to floor and they say: Well, where are the priations committee. He said: No, that give frustration a new meaning. I can- appropriations bills? Well, I will tell is too much money, that $22 billion to not begin to explain how unbelievably you where they are; you objected to all invest in our country’s roads and frustrating it is for people elected to of them. You took all the action nec- bridges and health care and energy. come to this body, they say the great- essary to try to prohibit us from mov- That is too much money to invest in est deliberative body, to be at parade ing these appropriations bills. That is our country, but I want $196 billion, rest day after day after day, unable to the case. none of it paid for, all of it outside the move because of two simple words ut- Alternative minimum tax, they call budget, for my priorities, the President tered almost routinely every day by it AMT. It is a fancy way of describing said. the minority: I object. I object to ev- an alternative tax system that recal- It is interesting to me that even as erything. I object. I object. culates your tax. It is going to affect we are told by my colleague from Mark Twain once was asked if he millions more Americans. We should Texas and others that this is growth in would engage in a debate. And he said: fix that. Why have we not fixed that spending and that somehow the prof- Of course, as long as I can take the negative side. today? Because the other side has ob- ligate spenders are on this side of the They said: We have not told you what jected. The Republican leader has ob- aisle, and I must say I have held now 12 the subject is. jected. That is why we have not fixed hearings on the issue of waste, fraud, He said: That does not matter. The it. and abuse in the countries of Iraq and negative side will take no preparation. The farm bill. Why have we not fin- Afghanistan in the prosecution of these It takes no preparation to say ‘‘I ob- ished the farm bill? Because the Repub- wars. Waste, fraud, and abuse by con- ject,’’ to take the negative side of ev- licans have objected. We wanted to tractors, a massive amount of money erything. Yet that is what has hap- come out here and finish it. We have shoveled out the door by this adminis- pened. We have people posing as a set made unanimous consent requests. We tration to contractors. of human brake pads, determined to have an offer in front of them now with Let me tell you what the result has stop everything in the Senate. Maybe the amendments and so on, but they been: A blind eye. No one seems to that would make not much difference if continue to object. care. You want some nails? I know there were not things that were so ur- I have said often, if farmers behaved where there are 50,000 pounds of nails gent and in need of being done. the way this Congress—and especially lying in the sand. You know where it I sat here for a while this afternoon the minority—behaves, they would not is? In the country of Iraq, 50,000 pounds and saw something quite stunning. My have a crop to plant because they of nails lying in the sands of Iraq in a colleague stood up and said, on the ap- would not get time. They would not pile. propriations bill that passed the Sen- have a crop to harvest if they got it You know why? Because the con- ate by a wide margin, over 80 votes on planted because they would not have tractor ordered the wrong size. But it transportation-housing and so on, she time. They would object. They would did not matter, throw them away, reor- wanted to bring the conference report not milk the cows when the cows were der. It is a cost-plus contract. The up to the Senate. There was an objec- fresh. I mean they would not have a American taxpayers are picking up the tion by the Republican leader of the crop or cows. You cannot put all these tab. Do you want to see waste, fraud, Senate: I object. things off, nor should the Senate put and abuse? This is a hand towel pro- Then, immediately afterwards, Sen- them off. vided to American soldiers. ator CORNYN from Texas stood up and An energy bill. Well we tried to go to I ask unanimous consent to show the said: I do not understand what all of conference on an energy bill. There was item on the floor of the Senate. the problem is, the way the majority is an objection on the Republican side. So The PRESIDING OFFICER. Without running this place, why do we not get now we are hoping to try to be able to objection, it is so ordered. appropriations bills to the floor of the consider an energy bill that comes Mr. DORGAN. This was provided to Senate? from the House. I hope we can round up American soldiers by the subsidiary of This was immediately after his side the votes for it. But we never got to Halliburton Corporation. They ordered had already objected to bringing an ap- conference because of an objection on hand towels under their contract for propriations bill to the floor of the the Republican side. the American soldiers. Well, guess Senate. It is as if they think no one is Now my colleague, as I listened this what. The guy who ordered these was watching. These are illusionists who afternoon, said the proposal on the al- the order manager sitting in Kuwait. provide no illusion. Nobody is watch- ternative minimum tax by the Demo- His name was Henry Bunting. He came ing, they think. This is all done in crats was more taxes on the American and testified before my hearing. He broad daylight. They say: We object to people, a substitution of taxes and to said: I ordered these towels, but I or- bringing appropriations bills to the accommodate the growth of Govern- dered white towels, plain white towels. floor of the Senate. Then they stand up ment. My supervisor said: You cannot do and seek recognition and ask: Why are Let me take both those proposals. that. You need for our name, Kellogg, you not bringing appropriations bills This issue of the growth of Government Brown and Root, the subsidiary of Hal- to the floor of the Senate? Do they be- is fascinating to me because this Presi- liburton, to be embroidered on the lieve people do not watch and listen dent has proposed more spending than towel. and understand? any President in the history of this He said: Well, that is going to triple It is absolutely beyond me. Now, let country, by far. We have in front of the cost. He was told: It does not mat- me describe this ‘‘I object’’ strategy. I this body right now a proposal by this ter. It is a cost-plus contract. The object to appropriations bills, they say. President for $196 billion, none of it American taxpayer pays for this. Katy Do you know this year we even had to paid for, to support the war in Iraq and bar the door. Spend whatever you like. file a cloture petition to shut off a fili- Afghanistan. The American taxpayer will pay for it. buster on a motion to proceed to the Now, $196 billion, that is $16 billion a Two hundred and twenty million dol- appropriations bill that would fund month, $4 billion a week, all of it added lars to a contractor to rehabilitate homeland security needs. to the Federal debt, none of it paid for. health clinics in Iraq. The $220 million We are in this process of waging a We have someone over there stand up is gone. The contractor has it all, and war on terrorism to protect our coun- and say we are the big spenders, we are there are 20 health clinics built.

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14765 And a physician goes to the Health at that level are paying an income tax life. No mental health treatment, no Minister and says: I want to see these rate in most cases of 15 percent. Think mental health treatment available on 220 health clinics the American tax- of that. There are no Americans going that reservation for that young lady. payer paid for; the Health Minister of to work this morning working in ordi- I have shown my colleagues a picture Iraq said: Well, those, you have to un- nary jobs who are paying 15 percent in- of a woman brought into an emergency derstand, are ‘‘imaginary’’ clinics. come tax. I guarantee they are paying room—a Native American woman, as Seven thousand six hundred dollars a much more. well. She had an 8-by-10 piece of paper month to rent an SUV, $45 a case for a One of the richest men in the world, attached to her thigh by a piece of case of Coca-Cola, $85,000 trucks that Warren Buffett from Omaha, said in his masking tape, being transported on a have a flat tire and they are left beside offices they got permission from his hospital gurney from the ambulance to the road to be torched in Iraq because employees to figure out what happened the hospital with a piece of paper at- they cannot fix a flat tire. with respect to the percentage of taxes tached by masking tape to her thigh American taxpayer is going to pay paid by the employees. It turns out in that said to the hospital: If you accept for all of that. It is a cost-plus con- that office, the lowest tax rate paid in this patient, understand that the con- tract. You have a truck with a plugged his office is paid by the second richest tract health care money is gone for the fuel pump, do not worry, leave it be- man in the world, Warren Buffett. He year. You accept this patient on your hind. Yeah, it will get torched, but the said that is an outrage. own dime and at your own risk, this American taxpayer pays for that. So He said: I pay a lower percent of patient with a heart attack. when I hear somebody talking about taxes from my income than my recep- We don’t have enough money for our profligate spending, I say to them this: tionist does. That is an outrage. Some domestic needs. The President says: We have had four votes on the floor of want to correct that. I do. No, I want $196 billion for my prior- the Senate to set up a Truman Com- My colleague from Texas would say: ities. I have just described the massive mittee of the type Harry Truman led You are going to hurt people engaged waste, fraud, and abuse with respect to dedicated to root out waste, fraud, and in capital accumulation. Well, it seems the priorities of contracting in Iraq. I abuse. to me the issue is one of fairness. Why care about Indian health care for a lot Four times we lost that vote. I am is it that one group of people who of reasons. I chair the Indian Affairs proud to tell you every Member of the makes hundreds of millions gets to pay Committee. We have struggled des- Senate on this side of the Senate voted a 15-percent tax rate. But a whole lot perately to try to get the money we with me, but four times we have lost of other people who work hard all day, need for Indian health. That money is because there are some who talk a lot take a shower at night because their not available. Why? Because invest- about spending but do not care how labor is important, come home with a ment at home is not the priority. The much is spent. meager paycheck and haven’t made fact is, these issues are life or death for This is the greatest waste, fraud, and much progress with their salary in re- a little girl like Ta’shon Rain abuse that has occurred in the history cent years, they look at their tax bill Littlelight. This Congress can do some- of this country with this profligate and are paying 25, 30, 35 percent, plus thing about it. contracting. I have only described the their Social Security taxes. One hundred years from now, we will tip of the iceberg. I could spend an When my colleague talks about the all be dead. But historians can under- hour out here telling you stories about growth of government, I say: Look in stand who we were. They can look at the way the American taxpayer has the mirror. When my colleague talks what this country decided to do, what been fleeced by the massive amount of about taxes, I say: Look in the mirror kind of decisions this Senate made by money that is shoveled out the door and ask yourself whether you want a what we spent our money on. What did and the $196 billion the President now fair tax system. we think was important? Someone wants; a substantial portion of it will More important than that, I want to once asked the question, if you were also go to corporations and still no one talk for a moment about priorities. charged with the task of writing an is watching the store. Still no one is When we are told that $196 billion obituary for someone you had never watching the store. In Iraq itself, $8.9 ought to be made available, none of it met, and the only information you had billion is missing. Think of that. I paid for, for the President’s priorities, was the check register from that per- daresay no one is looking for it. and we don’t have enough money for son’s checkbook, what could you write Growth in government has a pretty things at home, I ask a question about about that person? What you could hollow sound, it seems to me. The this young lady. Her name is Ta’shon write about that person is what you growth of spending, the waste, fraud, Rain Littlelight. She is a beautiful knew that person to value based on and abuse that is occurring under the young Indian girl from the Crow Res- what they spent their money on. What nose of this administration, an admin- ervation in Montana. Ta’shon was 5 did they invest in, contribute to? What istration that seems unconcerned, is years old. Ta’shon died. was important to them? What was the most significant waste, fraud, and I held a hearing in Montana with their value system? abuse in the history of this country. Senator TESTER on the Crow Reserva- The same will be true when histo- We need to stop it. I will offer again tion. This little girl’s grandmother rians evaluate what was important to the issue of a Truman commission to came to the hearing and held up this us, what our value system was. So we set up a special committee to inves- picture. She said Ta’shon died a very have this dispute these days with tigate this and put an end to it. painful death, was in pain month after President Bush and those on the other On the question of who pays taxes, month. The kind of health care that side of the aisle who are loyally sup- my colleague says: This is fixing the should have been available to diagnose portive of the President’s priorities at alternative minimum tax, but you are an illness which later became terminal this point. I am not suggesting that we charging some others additional taxes. was not available to this little girl. So shouldn’t work together. In fact, all of Let me remind my colleague who is she lived a painful last 3 months with us have reached out to say: Let’s find a going to pay additional taxes. The per- a terminal illness and never got the way to reach compromise. But on issue son who ran a hedge fund last year and health care she should have received. after issue after issue—the alternative made $1.7 billion was the highest paid Not enough money for that, just not minimum tax, the Energy bill, the person in this country that we know. If enough. Yes, this 5-year-old girl died. farm bill, appropriations bills—we have you are adding that up, if someone Not enough money for Indian health to had great difficulty getting anything asked: What is your monthly salary, deal with her. other than a cold shoulder from the that person would have to say, it is I have shown my colleagues a picture White House. Democracy works and about $145 million a month. Some of a little girl named Avis Littlewind. this system of government works only would ask: What do you earn in a day. She was 14. She is dead as well. She with compromise. It is the only way it About $4.5 million a day. That is a took her own life. She lay in bed 90 can work. pretty big salary. days in a fetal position, missing school, The majority leader was here today Do you know something more inter- 90 days, and somehow it didn’t raise once again seeking an opportunity to esting about that? The people earning alarms anywhere. She took her own have unanimous consent requests

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14766 CONGRESSIONAL RECORD — SENATE December 5, 2007 agreed to or negotiated. The farm bill ment. We can do all of those things, tax 1 year at a time could be problem- is an awfully good example. We have and should, but we will need some co- atic, and current events have proven now sent to the other side a list of operation. We are not asking for the me right. things that we hope perhaps they Moon. We are just saying this country On March 20, I pointed out the Demo- might agree to. And if they don’t agree faces obvious challenges. crats’ budget had no room for AMT re- to that, to give us a list back. Let’s No one party can do it alone. We lief, not even for 1 year. On March 22, find a way to have common lists of have a 51–49 majority. All we need is I explained why we need to repeal the amendments to bring the farm bill to some cooperation. All we need is for AMT. On April 18, I made an appeal for the floor and finish it. That is a reason- people who continue to come day after quick action on the AMT to help tax- able thing to do. Yet we can’t get that day after day with a two-word vocabu- payers making estimated payments done, can’t get the first baby step in lary, ‘‘I object,’’ to see if they can’t add who are already paying the price for the right direction. All we get is hot a few words and say ‘‘I accept.’’ the lack of action in Congress. On May air, a lot of rhetoric, discussion such as Let’s work together. Let’s join to- 14, I explained why the AMT relief or I heard this afternoon that somehow gether to get things done. That is all repeal should not be paid for with a tax the majority is a group of profligate we are asking. We only have a few days increase someplace else on other peo- spenders, and the majority wants to in- left in this session, probably a max- ple. On May 17, I criticized the con- crease taxes. What a bunch of non- imum of 12 or 13 days. I would hope all sense. It is completely at odds with the of us who are paid to work here and do ference report on the fiscal year 2008 facts. It is as if they believe that there the public’s business would want to budget resolution for not realistically are not cameras here and this isn’t make those days productive on behalf addressing the alternative minimum being recorded. of the country. We live in a great place. tax problem. On that same day, I gave I was thinking, as I was sitting here, We should give thanks every day for another speech exposing how Demo- about a story I heard when I was a kid this opportunity. Let’s find a way to cratic offsets to the AMT relief would of Joseph Montgolfier from rural address these issues, invest in this result in massive tax increases on France. The story was in 1783. He was country’s priorities, pass an energy bill other people. sitting in a big, overstuffed chair look- that we can be proud of that makes us On June 13, I discussed the inad- ing at his fireplace in his country less dependent on foreign oil, pass an equacy of the lead trial balloons House home. And as he watched the fireplace AMT bill that is going to help avoid in- Democrats were floating as possible he saw sparks and smoke go up the creased taxes for a lot of Americans fixes for the AMT. This was to mark chimney. As he contemplated the who do not deserve to have an in- the occasion of the second quarter esti- smoke and the sparks, he thought: creased tax bill. We can do all of those mated tax payments coming due be- There is something taking the smoke things if we work together. cause we had taxpayers who file quar- and sparks up the chimney. That must I yield the floor and suggest the ab- terly already being hit by the lack of be some sort of energy. And so several sence of a quorum. action on the part of the Congress. months later he was in a meadow in The PRESIDING OFFICER. The On July 24, I introduced legislation rural France with burlap bags he had clerk will call the roll. to protect taxpayers who should have dampened and straw he was burning The assistant legislative clerk pro- been making estimated payments for and he fashioned the first balloon. And ceeded to call the roll. it was the first recorded evidence of Mr. GRASSLEY. Mr. President, I ask 2007 but weren’t because they did not powered flight. He discovered that hot unanimous consent that the order for realize Congress was failing to protect air rises and used hot air to lift a bal- the quorum call be rescinded. them from the AMT. In other words, if loon. The PRESIDING OFFICER. Without they didn’t have to pay the AMT in I was thinking about hot air today objection, it is so ordered. 2006, why would they think they had to because I listened to what is supposed Mr. GRASSLEY. Mr. President, are pay the AMT in 2007? By not doing it, to somehow pass for informed debate, we in morning business? they were violating our tax laws, prob- and it is nothing but hot air. Why don’t The PRESIDING OFFICER. The Sen- ably innocently. you pass the appropriations bills. OK. ate is in a period of morning business. On September 19, I marked the occa- Let’s try one. I object, he says. Mr. GRASSLEY. Mr. President, I ask sion of the third quarter estimated tax I don’t understand that at all. Don’t unanimous consent, if there is discus- payments coming due by again dis- ask us to pass bills you are going to ob- sion of AMT today, that my remarks cussing the AMT problem and how lit- ject to, if you are going to continue to be placed in the RECORD at that point. tle congressional leadership was doing stall and object. If you want us to pass The PRESIDING OFFICER. Without about it. legislation, appropriations, energy, objection, it is so ordered. I just cited 12 speeches delivered on AMT, if you want us to pass legisla- f the Senate floor over the past year. tion, come to the floor this afternoon. That doesn’t even include press con- Let’s work together and work out a AMT ferences, Finance Committee meetings, process by which we pass legislation Mr. GRASSLEY. Mr. President, I am and other events where I have talked that advances this country’s interests. pleased we are finally discussing solu- about the need for repeal of the AMT It is not as if we don’t have significant tions to the alternative minimum tax or, in the case of a shorter term fix, challenges and significant interests. problem that is poised to swallow 19 just making sure it was fixed for this 1 We do. million more filers this year. I would No one in this Chamber can suggest have rather gone through this process year and kicking the can down the somehow that with the price of oil bob- several months ago but better late road. I have been talking about the al- bing at around $90 to $100 a barrel that than never. ternative minimum tax literally all we don’t have serious challenges and a Over the course of the year, I have year now. House Democrats finally need to pass an energy bill. The House given many speeches analyzing the managed to introduce a bill on October of Representatives is doing an energy AMT and describing the problem it 30, and the majority leader turned to it bill. We did one in the Senate prior to poses for middle-class taxpayers in in the Senate right before the Thanks- this. We tried to go to conference, and great detail. On February 12, I gave a giving recess. Democratic leadership there was objection. So we couldn’t speech on the history of the AMT. On cannot blame Republicans for their even get to conference. But we will, I February 13, I highlighted how the own failure to act until almost lit- think and I hope, have the Energy bill AMT affects individual income tax li- erally the last minute. the House is going to pass and then abilities. On February 15, I discussed As I said, I am glad we are finally send over to the Senate next week. ways to reform the AMT and made the discussing solutions, and the Senate There is an urgent need to have con- case that complete repeal is the best leadership seems to realize that the servation, efficiency, and renewable en- way to deal with the AMT. AMT should not be offset. I also want ergy, as well as continue to use fossil Incidentally, I made the case that to thank my good friend, Chairman fuels without injuring the environ- dealing with the alternative minimum BAUCUS, for all his hard work this year,

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14767 and for several years, to protect mid- change, this is what is going to happen: The text of the Tuesday letter fol- dle-income taxpayers from the alter- 23 million families face an unexpected lows here. native minimum tax. Chairman BAU- tax increase that is going to average OCTOBER 30, 2007. CUS is doing our country a great serv- about $2,000 per family. Without a law Ms. LINDA E. STIFF, ice now by trying to work out a com- change, we make worse the filing sea- Acting Commissioner, Internal Revenue Service, promise between those who want to son fiasco for yet another 27 million Washington, DC. pay for the AMT relief and extenders families and individual taxpayers. That DEAR ACTING COMMISSIONER STIFF: Under present law, more than 23 million taxpayers with a tax increase and those who are is on top of the 23 million who, for the will be subject to higher taxes in 2007 unless opposed to tax increases to offset AMT. first time, are being hit by the alter- legislation is enacted to limit the reach of He has consistently, meaning chairman native minimum tax. the Alternative Minimum Tax (AMT). We re- BAUCUS, avoided bitter partisanship So here is my suggestion. It is sim- alize that this fact is causing concern for and always worked to do the right ple. It is black and white. It is in a let- many taxpayers and is creating administra- thing. ter from Chairman RANGEL and Chair- tive difficulties for the IRS as the agency Those obsessed with pay-go—and for prepares for the upcoming filing season. man BAUCUS and ranking Republicans As the leaders of the Congressional tax- the public watching, that is pay as you MCCRERY in the House and myself for writing committees, we want to assure you go—those who are obsessed with pay- the Republicans in the Senate Finance that legislative relief is forthcoming so that go, who want to raise more taxes to Committee. We are the senior tax-writ- no new taxpayers will be subject to the AMT pay for a tax that was never meant to ing committee members from the Con- for taxable year 2007. To accomplish this, we raise revenue, are punishing the Amer- gress. That letter was dated October 31 are committed to extending and indexing the ican taxpayers for their obsession. Un- this year assuring Treasury Secretary 2006 AMT patch with the goal of ensuring fortunately, right now, I cannot sup- that not one additional taxpayer faces high- Paulson and Acting IRS Commissioner er taxes in 2007 due to the onerous AMT. In port a package with roughly $45 billion Stiff that we would work to pass an addition to allowing the personal credits of offsets in it for the extenders, even AMT patch bill expeditiously. That let- against the AMT, the exemption amount for though the AMT relief is not offset. ter contains the test that ought to be 2007 will be set at $44,350 for individuals and I am still reviewing some of the rev- applied to any proposal in substance $66,250 for married taxpayers filing jointly. enue raisers, but my issue is not with and process on an AMT patch. We plan to do everything possible to enact the raisers themselves. I will only sup- Let me remind you, this is a bipar- AMT relief legislation in a form mutually port a raiser if I think it is good policy agreeable to the Congress and the President tisan letter by the most senior tax- before the end of the year. We urge the Inter- and will not support a raiser simply for writing Members of the Congress. And nal Revenue Service to take all steps nec- the revenues. it starts with ‘‘we,’’ meaning Chairman essary to plan for changes that would be I am concerned then if we send this RANGEL, Chairman BAUCUS, and rank- made by the legislation. package to the House, they will try to ing Republican members, MCCRERY and Thank you for your immediate attention use the offsets not for what we put GRASSLEY. Here is what that sentence to this matter. them in for, for the extenders, but send says: Sincerely yours, it back to us as offsets against the MAX BAUCUS, We plan to do everything possible to enact Chairman, Committee AMT, increasing taxes on others to pay AMT relief legislation in a form mutually on Finance. for a tax that was never meant to be agreeable to the Congress and the President CHARLES E. GRASSLEY, collected, and then still not get the ex- before the end of the year. Ranking Member, tenders passed, as we should be passing That is the end of the quote, but I Committee on Fi- them right now. want to put emphasis within that nance. The House has shown it does not re- quote on these words: Passing legisla- CHARLES B. RANGEL, spect the need to get 60 votes in the tion in a form mutually agreeable to Chairman, Committee on Ways and Means. Senate, and I do not expect that to the Congress and to the President be- change right now. If the majority lead- JIM MCCRERY, fore the end of the year, meaning the Ranking Member, er is serious about reaching a com- end of 2007. Chairmen RANGEL and BAU- Committee on Fi- promise, and really respects the minor- CUS and their ranking members made it nance. ity, as he claims, he needs to get his clear in this letter. Mr. GRASSLEY. Now, our leaders in colleagues in the House on board. I Mr. President, I ask unanimous con- both the House and the Senate need to have been around long enough not to sent the letter I have been referring to back up the tax writers. We Senators make it too easy to stab me in the be printed in the RECORD. need to pass a package that is agree- back by having things that even lead- There being no objection, the mate- able to the President and to the House. ership in the House has suggested could rial was ordered to be printed in the What do we all agree on? We agree the happen with this tax ping-pong oper- RECORD, as follows: patch needs to get done right now. So ation that might go on here. TAX WRITERS NOTIFY IRS OF UPCOMING AMT that is the base of what should pass the It is unfortunate congressional lead- FIX Senate, if we are to get a law enacted. ership took so long to deal with the al- FINANCE WAYS AND MEANS LEADERS INTEND TO House and Senate Democrats insist on ternative minimum tax and that some PREVENT TAX FROM AFFECTING MORE AMERI- offsets for a patch. are still putting an obsession with pay- CANS, URGE IRS TO BEGIN PLANNING NOW FOR The old joke is that you better make go and narrow partisan interests over ACCURATE TAX FORMS certain the light at the end of the tun- the wellbeing of their own constitu- WASHINGTON, DC.—Leaders of the congres- nel isn’t a train coming toward you. ents. We can talk until we are blue in sional tax writing committees notified the Unfortunately, the joke is on the the face, but the bottom line is we need Internal Revenue Service (IRS) today of im- American people when it comes to the to change the tax laws with respect to minent changes to the alternative minimum upcoming tax-filing season. Because of the alternative minimum tax. That law tax, and encouraged the agency to plan now the failure of the Congress to act, the change needs congressional action and to produce accurate tax forms for the 2007 taxpayers are going to feel as if they filing season. Senate Finance Committee have been hit by a freight train come a Presidential signature, and anything Chairman Max Baucus (D-Mont.), House else is just plain talk. Ways and Means Chairman Charles Rangel April 15. The sad part is this was not I would like to end this part of the (D-N.Y.), Finance Ranking Republican necessary. Congress could have done remarks I am making today with a Chuck Grassley (R-Iowa), and Ways and the right thing. Congress could have suggestion. I hope we get all parties to Means Ranking Republican Member Jim acted. We have never in this century an agreement by changing the law on McCrery (R-La.) sent a letter to Acting IRS gone this late without passing the the AMT patch. By all parties, I am re- Commissioner Linda Stiff, indicating their AMT patch and having it in place. The ferring to House Democrats, House Re- intention to complete legislation preventing IRS and the Treasury have made it publicans, Senate Democrats, Senate the AMT from affecting any additional clear that the failure to act would American taxpayers for 2007. The AMT was Republicans, and, of course, nothing is originally meant to ensure that wealthy cause very real problems in the filing going to happen if the President can’t Americans paid some income tax, but with- season, in terms of confusion and in sign it. Without an agreement, we will out indexing for inflation it has begun to af- terms, especially, of a delay in pro- not get a law. And without a law fect middle-income American taxpayers. viding taxpayers their refunds.

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14768 CONGRESSIONAL RECORD — SENATE December 5, 2007 I am astonished when I hear that just paper; they represent real money lem, which in the case of many would some in the Democratic leadership are that many working families are count- be to offer any ideas at all, some of my telling reporters these claims of a fil- ing on to help them to pay the bills, colleagues are merely recycling the ing fiasco are all somehow a bluff. The make an important purchase or even same old and tired talking points of Democratic leadership certainly didn’t have an important medical procedure years past. More specifically, I’m refer- think the problems of the filing season done. ring to the accusation, made by left- were a bluff when we were delayed in To be blunt, we are already in the leaning think tanks and also by the passing an extenders package last year. soup and it is a question of how bad it House Committee on Ways and Means That is when the Republicans were in is going to get. majority, that advocates of tax relief control. I strongly advocated then that I recently joined the ranking member in 2001 and 2003 deliberately—I want to we needed to pass the extenders pack- of the Ways and Means Committee in emphasize they are accusing use of de- age and warned of its negative impact writing to Ms. Stiff, the Acting Com- liberately using the AMT as a trick to on the filing season, and I was not lis- missioner of the Internal Revenue minimize the revenue cost to the Fed- tened to by my Republican leadership. Service, asking that the IRS do the fol- eral treasury as a result of those poli- But Democrats, now in the majority lowing: cies. While it is true that some families but back then in the minority, joined No. 1, take steps to educate tax- benefit less from 2001 and 2003 tax relief me in those statements. Now the clam- payers about the possible changes in than they otherwise would have, to say or is much smaller with the alternative the law and tax forms; this is by design, as is indeed done in a No. 2, work closely with the tax prep- minimum tax which will affect 25 mil- Committee on Ways and Means press aration community to keep them lion taxpayers and will be, in many release issued on November 14, is abso- aware of the IRS to update program- ways, significantly more disruptive to lutely ridiculous. ming and minimize delays and to en- Republicans have consistently the filing season than the extenders courage the tax preparation commu- fought, even before the 2001 tax relief delay last year. nity to inform their clients and con- As you can see from a chart I have bill, to curtail and eradicate the alter- sumers about likely delays in proc- here—I am going to ask my staff to native minimum tax. In 1999, congres- essing returns and distributing refunds; hold that chart up. We all know the No. 3, ensure that all IRS call center sional Republicans passed the Tax- story of Chicken Little. But every once employees are fully informed about the payer Refund and Relief Act of 1999, in a while, Chicken Little is right. status of the tax filing season and can which completely repealed the AMT, When it comes to the filing season, the provide accurate and timely informa- and this bill was vetoed by President sky is falling. tion to callers; Clinton. It is important that my colleagues No. 4, within available resources, in- Getting back to the Ways and Means understand that by failing before crease staffing of IRS call centers to press release of November 14, in it I Thanksgiving, we have already accommodate the increased call vol- myself am cited as critiquing President gummed up the works. As my col- ume that will likely result from tax- Bush for not doing more in his 2001 and leagues can see from this next chart, payer confusion. 2003 tax packages to counteract AMT the deadline of October 15 for finalizing I think these steps will allow us to do effects. I do absolutely want to make forms and instructions has already the best we can with a very bad hand. clear that despite my belief that the passed. We have passed the November 7 But there should be no doubt, the real AMT was also a pressing problem at deadline for printing the tax forms—as answer is to pass AMT relief and pass that time, I wholeheartedly supported you can also see in the chart—and the it now. tax relief in 2001 and 2003 and still absolute drop dead date for printing For many years now, and certainly think it was absolutely the right thing was November 16. many times this year, I have tried to to do. In fact, I think the provisions in Every week that we don’t act, this shed light on the monstrosity that is both bills should be made permanent. problem will get worse and worse. the alternative minimum tax and how In order to counteract the effect of I should make it clear that we are the failure to index the AMT for infla- the AMT, Congress passed and Presi- not only hearing from the IRS that the tion threatens middle-class taxpayers. dent Bush signed into law a series of delays have created a filing fiasco; the While I have consistently fought for provisions to increase AMT exemption tax preparer community is making it full repeal of the alternative minimum amounts to keep inflation from push- clear that the problems are real and tax, I have had to be content with en- ing new tax filers into the clutches of they are big. acting a series of provisions, since 2001, the AMT. If Ways and Means Demo- We recently received a letter from to increase the exemption amounts crats were serious in their implied con- the independent IRS Oversight Board pertaining to the AMT to prevent new cern for the effectiveness of 2001 and that voiced ‘‘grave concerns about the taxpayers from being caught by it. 2003 tax relief, they could do two very serious risks to the 2008 filing season if However, similar action has not yet simple things: First, House Democrats legislation to change the AMT is de- been taken for tax year 2007. Despite could make 2001 and 2003 tax relief per- layed.’’ plenty of advanced warning, congres- manent; second, they could fully repeal The IRS Oversight Board makes it sional leadership’s failure to act means the AMT. Of course they have shown no clear that there is a big, big difference that time for proactive action has al- sign of doing either of these two from Congress passing AMT relief this ready passed. things. In fact, opposition to the 2003 week as opposed to the third week of The IRS is printing tax forms and tax relief package was so intense December. The board specifically says making other arrangements to process among Democrats that the Vice Presi- that another 2 or 3 week delay by Con- tax returns submitted for the upcom- dent was called upon to break a tie gress could mean that another 31 mil- ing filing season. Any legislative fix during a vote in the Senate. lion taxpayers will face a delay in fil- undertaken now to check the advance The provisions of the 2001 and 2003 ing returns and that another approxi- of the AMT will not eliminate a prob- tax relief bills were not made perma- mately $70 billion in refunds could be lem, but will only manage it. Despite nent because doing so might have made delayed. being deeply disappointed that congres- it impossible for the bills to overcome These numbers would be on top of the sional leadership has not seen fit to act Democratic opposition. I believe that 6.7 million taxpayers who already face faster, I was hopeful that the mag- including AMT repeal in those bills a delay in filing returns and the $17 bil- nitude of around 19 million additional would have had the same effect. lion in refunds that are going to be de- tax filers paying the AMT for tax year Aside from being quoted in the No- layed because we have not acted to 2007 was finally beginning to hit home. vember 14 Ways and Means press re- pass the AMT ‘‘patch.’’ The AMT finally seemed to be getting lease, I found it unintentionally hu- So if we continue to dilly-dally and the attention it deserved, but recent morous in that it reveals that House delay on AMT relief until Christmas, it rhetoric has again put me into a nega- Democrats are doing exactly what they will be a total of 37.7 million return fil- tive frame of mind. accuse Republicans of having done ings delayed and $86.9 billion in refunds Rather than offer new ideas and in- since 2001. While they accuse Repub- delayed. These delayed refunds are not sights into how to solve the AMT prob- licans of using the AMT as a budgeting

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14769 gimmick, they are using the AMT as a pected to drop by $302 billion, or 27 per- ond set of figures presents the same compari- gimmick to make it appear they are cent. son under the assumption that the tax cuts easing the tax burden when they are At the time, the Joint Committee on are permanently extended. All of the infor- not. Taxation estimate also found that ex- mation provided in this table was previously In the release, Ways and Means provided to you in our September 16, 2005 tending and indexing the hold-harmless memo, except in a different format. Chairman RANGEL is quoted saying provision in effect at the time would ‘‘The house passed a bill to prevent the reduce alternative minimum tax reve- TABLE 1 AMT from hitting 23 million families nues by around $667 billion, or 59 per- this year without hurting the economy cent. Of course, the analysis of this AMT effect Item (billions of by adding to the national debt.’’ question is complicated by the fact dollars) What this means is that the House is that the variables we are examining Tax Cuts Repealed: protecting some people from the AMT overlap and interact with each other. (1) Hold-harmless provision not extended ...... 399.9 by subjecting other filers to additional But responsible analysis of available (2) Hold-harmless provision extended permanently ...... 212.0 (3) Percentage of AMT effect attributable to failure to taxes. This is the same as if your com- information certainly does not support extend hold-harmless provision (((1)–(2))/(1)) ...... 47% munity’s animal control officer caught the allegation that the tax relief pack- (4) Hold-harmless provision extended permanently and indexed ...... 169.7 a rabid dog on your street and let it go ages signed by the President in 2001 (5) Percentage of AMT effect attributable to failure to someplace else across town. Your prob- and 2003 are responsible for the explo- extend and index hold-harmless provision (((1)–(4))/ (1)) ...... 58% lem appears to have been immediately sion of the alternative minimum tax. If Tax Cuts Extended Permanently: solved, but in the longer-term, the fun- anything, House Democrats and their (6) Hold-harmless provision not extended ...... 1,139.1 (7) Hold-harmless provision extended permanently ...... 628.5 damental problem still exists. The fun- pet think tanks have illustrated the (8) Percentage of AMT effect attributable to failure to damental problem with the AMT is the fallacy of using projected revenue re- extend hold-harmless provision (((6)–(7))/(6)) ...... 45% (9) Hold-harmless provision extended permanently and massive amount of unintended revenue ductions as a proxy for percentage cau- indexed ...... 472.0 it is forecast to collect, and the unwill- sation. (10) Percentage of AMT effect attributable to failure to extend and index hold-harmless provision (((6)–(9))/ ingness of many of my colleagues to Madam President, I ask unanimous (6)) ...... 59% forego that revenue. consent that the October 2005 Joint If Ways and Means Democrats are se- Committee on Taxation revenue esti- In the information provided to you on Au- rious in their appeal to the administra- mate I referred to be printed in the gust 31, 2005 and September 16, 2005, we ana- tion regarding the AMT to ‘‘work with RECORD. lyzed the portion of the AMT effect attrib- Congress to do the right thing and kill There being no objection, the mate- utable to the tax cuts. In the analysis de- it,’’ they will abandon any notion that rial was ordered to be printed in the scribed above, we identify the portion of the AMT effect attributable to failure to adjust revenues not collected because of AMT RECORD, as follows: relief or repeal ought to be offset. the AMT exemption amount to inflation. CONGRESS OF THE UNITED STATES, Finally, I want to address the base- There is, however, interaction between these JOINT COMMITTEE ON TAXATION, two contributing factors to the AMT effect. less claim that the Bush administra- Washington, DC, Oct. 3, 2005. In order to avoid double counting of inter- tion’s tax priorities were responsible MEMORANDUM actions, a stacking order is imposed. The ap- for the AMT problem on a technical To: Mark Prater and Christy Mistr portionment of effects to each contributing level. From: George Yin factor will vary depending on the stacking This exact point was raised in 2005 by Subject: AMT Effects order, even though the total effect remains Democratic Ways and Means staffers in This memorandum responds to your re- constant. a letter to ‘‘Tax Note,’’ a prominent quest of September 29, 2005, for an analysis of This phenomenon is illustrated by Tables 2 publication for tax professionals. At the portion of the AMT effect (AMT liability and 3 below. The first two columns of Table the time I requested that the non- plus credits lost due to the AMT) which can 2 show the portion of the AMT effect attrib- partisan Joint Committee on Taxation be attributed to the failure to adjust the uted to the tax cuts, consistent with the in- look into this matter. Their analysis AMT exemption amount to inflation, assum- formation provided on August 31, 2005 and ing alternatively that the EGTRRA and September 16, 2005. The second two columns showed that, as I have long main- JGTRRA tax cuts (‘‘tax cuts’’) are either of Table 2 show the portion of the AMT ef- tained, the biggest problem with the permanently extended or repealed. We also fect attributable to the failure to extend and alternative minimum tax was it was explain how this information compares to in- index the hold-harmless provision, con- never indexed for inflation. formation previously provided to you on Au- sistent with the information provided in In response, I received from the Joint gust 31, 2005 and September 16, 2005. Table 1 above. Note that if these two con- Committee on Taxation a letter dated For the purposes of this analysis, we have tributing factors were completely inde- October 3, 2005. I have requested an up- first assumed that the tax cuts are repealed. pendent of one another, the information in date of that document and will discuss The first set of figures in Table 1 compares Table 2 would suggest that the two factors together contribute to more than 100 percent the updated numbers as soon as they the AMT effect under this assumption if, al- ternatively, (1) the AMT exemption amount of the AMT effect. In fact, as shown in Table are available. That estimate could be hold-harmless provision is not extended be- 3, the two factors together contribute to interpreted to indicate that if the Bush yond 2005; (2) such provision is extended per- only 85 percent of the AMT effect. Thus, tax cuts were repealed, alternative manently; and (3) such provision is extended there is substantial overlap between these minimum tax revenues could be ex- permanently and indexed after 2005. The sec- two factors. TABLE 2

AMT effect AMT effect Item (billions of Item (billions of dollars) dollars)

Baseline ...... 1,139.1 Baseline 1,139.1 Repeal tax cuts ...... 399.9 Extend and index AMT hold-harmless provision 472.0 Difference ...... 739.2 Difference 667.1 Percentage of baseline ...... 65% Percentage of baseline 59%

TABLE 3 numbers when they are given to me by I just talked about a Democratic JCT. staffer making the same point in Tax AMT effect Item (billions of I mentioned earlier that the argu- Notes in 2005. I am not bothered by dollars) ment that our recent tax policies are these arguments in and of themselves. Baseline ...... 1,139.1 responsible for the wild growth in the They are based upon poor analysis, if Repeal tax cuts and extend and index AMT hold-harmless provision ...... 169.7 alternative minimum tax is an old and that, and it is easy for me to respond a very tired argument, intellectually to them. What does bother me, how- Difference ...... 969.4 Percentage of baseline ...... 85% dishonest. The Ways and Means press ever, is that clearly many people are release of November 14, 2007 refers to a more interested in trying to make Mr. GRASSLEY. Madam President, letter of March 6, 2001, sent by Mr. cheap political points than actually as I said, I will discuss those updated RANGEL to President Bush. dealing with the alternative minimum

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14770 CONGRESSIONAL RECORD — SENATE December 5, 2007 tax. If House Democrats were con- places such as Lamar or Craig or down ber to allow the politics of obstruc- cerned about the tax burden, they in Dove Creek, in my home area of the tionism we see going on here to essen- would repeal the alternative minimum San Luis Valley, Manassa, it is a rough tially kill the promise of rural America tax without raising taxes on other tax- hand. It is a rough hand that is weath- represented in the 2007 farm bill. payers to replace revenue that was ered through the difficult times of hav- Over the last several days and over never supposed to come into the Fed- ing had to eke out a living from the the last month, we have seen many ef- eral Treasury, because these 23 million soil and what oftentimes is a very dif- forts to try to move forward to a con- middle-income taxpayers were never ficult time. clusion. Yet we haven’t been able to supposed to be hit by the alternative Rural America, in my opinion, is part move forward because there is a fili- minimum tax, because it was only of the forgotten America. Rural Amer- buster in place. I have heard the major- meant to be paid by the superrich. ica has been forgotten by Washington, ity leader come to the floor and say: I have made the point many times, DC for far too long. Rural America has Let’s move forward and consider the that this alternative minimum tax was been forgotten by this President and farm bill. We will make an agreement never meant as a revenue source, and I this administration for far too long. where we will allow 10 Republican do not care if I made it twice in a row, Now we have an opportunity with leg- amendments and 5 Democratic amend- three times in a row, it is a fact of life: islation crafted in the spirit of biparti- ments and 2 other amendments, a total These 23 million people were never sanship, through the leadership of Sen- of 17 amendments. What has happened meant to pay it. The alternative min- ators HARKIN and CHAMBLISS and a when he has propounded that unani- imum tax is only supposed to hit the number of other members of the Agri- mous consent request? It has been ob- superrich—it was an unsuccessful at- culture Committee and the Finance jected to. He has said, as Senator HAR- tempt—when the alternative minimum Committee, under the leadership of KIN has suggested, let’s take 10 amend- tax was passed in 1969, to promote tax Senators BAUCUS and GRASSLEY, to ments on either side or 12 amendments fairness. This point has not been chal- make sure that rural America is not on either side. Let’s come up with an lenged. forgotten. We have an opportunity to agreement that puts us on the pathway Rather, my friends in the House and open a new chapter of opportunity for of making the farm bill even better elsewhere have distorted that argu- rural America. We can do this with the through the amendment process but ment into a claim that Republicans in- 2007 farm bill. getting the farm bill passed. tended to use the alternative minimum Rural America is in trouble. When Yet what is happening in our inabil- tax to secretly diminish the impact of you look at this map of the United ity to move forward? There are objec- the 2001 and 2003 tax relief packages. I States, when you look at both the red tions on the other side because there is have shown how that argument is and yellow zones, they are all part of a paradigm that has become evident in flawed every time it is dug out of the what we consider to be rural America. this place. And that is to try to slow closet by someone. The alternative There are about 1,700 counties in what walk any kind of progress we might be minimum tax certainly is not a secret. is characterized as rural America in able to make on this legislation, on But it is a mystery how so many people this great land of ours, the United AMT, on the Energy bill, or anything can engage in so much pointless discus- States. More than half of those coun- else. sion when what we need now right now, ties have been declining in population. We hopefully will find the courage in actually several months late, is urgent Across the heartland of the United this Chamber to make sure that the action. States, you see great swathes of red public purposes for which we were I yield the floor, and I suggest the ab- where we see towns and communities elected will ultimately triumph over sence of a quorum. that are withering on the vine. This the politics of division which we see The PRESIDING OFFICER (Mrs. 2007 farm bill will help revitalize rural taking place. Doing nothing is not an MCCASKILL.) The clerk will call the America in a way that has not hap- option. Obstructionism essentially is roll. pened before. leading to that result of doing nothing. The assistant legislative clerk pro- When we look at the towns and coun- The farmers and ranchers of America ceeded to call the roll. ties across each one of the 50 States, I don’t see this as a Democratic and Re- Mr. SALAZAR. I ask unanimous con- am sure any one of us could find many publican issue. They want results. sent that the order for the quorum call places such as this storefront in Brush, They want us to work together to try be rescinded. CO where half of the main street in to get results and to pass this 2007 farm The PRESIDING OFFICER. Without many of the towns has essentially been bill. objection, it is so ordered. closed down. This is the main street of I urge my colleagues to redouble Mr. SALAZAR. Madam President, Brush. There is a for sale sign on this their efforts to try to find agreement what is the pending business? building. When you go to the towns in so we can move forward, so we can The PRESIDING OFFICER. The Sen- my native valley, in Conejos County, have a farm bill that is good for Amer- ate is in morning business. Costilla County, I can tell you that in ica. Mr. SALAZAR. I ask unanimous con- the town of Antonito, CO, at one point As we talk about the farm bill, it is sent to speak for up to 15 minutes. in time, 15 years ago, there were four also important, as my good friend from The PRESIDING OFFICER. Without or five gas stations on the main street. North Dakota, Senator CONRAD, has objection, it is so ordered. Today there is one gas station. I re- said, to understand that this is much f member a few years ago there were more than just about conservation and multiple grocery stores. Today there is energy and rural development, the THE FARM BILL one small grocery store. I haven’t done things I care so much about. It is also Mr. SALAZAR. Madam President, I the count when I have gone through about another thing all of us care a lot come to the floor to plead with my col- the main street of Antonito, as I often about, and that is the nutrition of leagues that we move forward to ad- do back in the San Luis Valley, but I those who are most vulnerable in soci- dress the issues of agriculture and would guess that 60 to 70 percent of the ety. That is why in this farm bill about rural communities and food security entire main street of the town has been 67 percent of all the money that goes for our country in moving forward with boarded up and is either not being used into this farm bill actually goes into consideration and passage of the 2007 or is for sale. nutrition programs for America. Yes, farm bill. In this Chamber, there needs The town of Antonito, like the town newspapers across the country that to be more champions of rural America of Brush, like so many towns and com- sometimes are critical of the com- and agriculture. Those farmers and munities across rural America, is call- modity parts of the farm bill are ranchers around our Nation who today ing out for Congress to do something to wrong, because they don’t focus on the are the ones working to provide food help revitalize rural America. We, in other parts of the legislation. They for the tables of all of America, those the 2007 farm bill that has been crafted don’t talk about what we do for nutri- farmers and ranchers, when you meet in the best spirit of bipartisanship, are tion in this farm bill. They don’t talk them—because when you shake their attempting to do so. It will be a shame about what we are trying to do with hand in communities in my State, for Washington, DC and for this Cham- the fresh fruits and vegetables program

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14771 included in this bill at a level which is that it helps create a new oppor- bill, is absolutely essential for us to be has never been done before. tunity for rural America and helps us able to protect the lands and waters of For my small State of Colorado, grow our way to energy independence. these United States. what it basically means is there is On that one ground alone, we should So I hope all of the conservation or- going to be $45 million available to pro- all be willing to move forward to come ganizations that are out there, know- vide fresh fruits and vegetables to up with an agreement that will allow ing we are working on the farm bill those young kids in our schools so they us to move this farm bill forward. today, and the millions of Americans can grow up healthy and learn in the Two years ago, when I went back to who care about conservation make sure schools they currently attend. What we Colorado, shortly after having been their Senators know we should move are doing is, we are spreading what has elected to the Senate, I asked people to forward on this farm bill in order to been a pilot program for fresh fruits try to find a place where I could go and achieve the conservation objectives of and vegetables across the entire 50 visit an ethanol plant. There were none this farm bill. They should let their States. That is a good program. We at that time. Today we now have four Senators know this gridlock, this ob- should remind Americans that when we ethanol plants like the one that is lo- structionism we see is allowing politics talk about the farm bill, we are talking cated in Sterling, CO in this picture. to triumph over the very important about nutrition. We are just beginning to see the energy public purposes which we are trying to I also want to talk a bit about one revolution that is revitalizing that achieve in conservation. aspect of this farm bill and that is title whole red part of the eastern plains of Let me finally say, there are many 9, the energy part. When I look at what the State of Colorado. This farm bill other aspects of this farm bill which is happening across America today, I will help us move forward in that con- are important, including the safety net think that the energy opportunity for tinuing positive direction. which takes a small portion, about 13 America presents one of the signature Another aspect of this bill which is percent or so, of the entire farm bill opportunities for this Nation and for so important, and we must keep re- budget, and that is the support system this world in the 21st century. There is minding people, is conservation. When to make sure we are able to keep farm- no doubt that we have come to realize, you think about conservation and what ers and ranchers on the land. progressives and conservatives, Demo- this farm bill does, this is the most sig- As part of what we have done in try- crats and Republicans, that the addic- nificant investment ever made in con- ing to be innovative and moving for- tion we have to foreign oil is some- servation in the history of the United ward with programs that will help thing that must end. It is in the fields States under this farm bill. Through rural America and will help farmers of rural America that we will find a these investments we will be able to and ranchers, we, for the first time, significant part of the answer to get rid help make sure the water—which is the under the leadership of Senator BAUCUS and Senator GRASSLEY, have included a of our dependence on foreign oil. That lifeblood of our rural communities; fund to be able to deal with the disas- conclusion is one that will sustain a which is the lifeblood of the Nation; clean energy revolution in our country ters that affect rural America so often. which is the lifeblood, certainly, of my In this picture behind me, you see for not only years but for decades to State, which is the mother of rivers in what has become the norm in my State come. We will find ways of harnessing the western part of the United States over the last 6 years, where we have the power of the Sun, the power of the of America—that we are able to take seen some of the record droughts in wind, the power of biofuels, the power advantage of using the water resources Colorado. In fact, we had the most se- of geothermal capacities to get us to of our country in a positive and con- vere drought in my State of Colorado the point of energy independence. structive way. in almost 500 years just a few years ago When I think about the fact that Shown in this picture is an EQIP which devastated agriculture across Brazil, a Third World country in South project which is in northern Colorado, the State from corner to corner. America, could become an energy-inde- where you can actually see an EQIP Shown in this picture is a cornfield pendent country and we here, the most project which is conserving water in in Washington County. Now, some peo- powerful Nation on the globe, have not the livestock tanks that have been ple will see this cornfield, and they will been able to do that, we have gone in placed out here on this ranch. say: It looks like a bunch of dead reverse, we have had a failed energy But it goes beyond water tanks and plants. A farmer looks at this corn- policy. When we have gone from a water conservation. There are also a field, and a farmer sees a dream—a point in time in the 1970s when Richard whole host of other programs that we dream that will not be realized. Nixon, then President, coined the term deal with in conservation. There is a In this picture, a farmer will look at ‘‘energy independence’’ and President Grassland Reserve Program. There is a it, and the farmer will remember the Jimmy Carter stood before the Nation Conservation Reserve Program. There day when he went out and tilled the and said we had to attack our energy is a CSP. There is a Wetlands Reserve soil, when he fertilized the soil, when addiction with the moral imperative of Program. he planted the seed. The farmer will war, at that point we were importing 30 This picture is taken of a pond which look at this picture, and he will re- percent of the oil from foreign coun- has been restored in the northern part member the day when he saw the first tries. Today, in March of this year, we of my State which is part of the Wet- green come through the soil as these imported 67 percent of our oil from for- lands Reserve Program that helps us corn seeds became plants. eign countries. So we need to become make sure we have quality wetlands. In this picture, he also will see the energy independent and, yes, this farm I want to make this quick point dream he had at that point, which was bill in title 9 invests significant re- about conservation. When you think that he would be able to produce sources in rural America that will help about the people who care about our enough corn from his farm to be able to us become energy independent. land and our water, farmers and ranch- make a living, to be able to pay off the This picture is a wind farm in ers know about the importance of land operating line at the bank, to be able Prowers County, CO. We invest signifi- and water because they know that is to make the mortgage payment for the cant resources in wind power in my their way of life. If they do not take land. The farmer will see a lot in this State, not only for these larger wind care of their land and water, they know picture. Yet we have not had a respon- farms which can produce several hun- the next year’s crop is not going to be sible disaster program for agriculture dred megawatts of power but also for there because their way of living is in Washington, DC, for the longest of small farms and industrial areas where taken away from them. So farmers and times. So every time there is a disaster you see these small windmills that can ranchers are among the best environ- somewhere, we have to come multiple actually produce enough electric gen- mentalists, among the best conserva- times to the Senate, to the Congress, eration to meet all the needs of a farm tionists we know. to try to find disaster emergency relief, or a small business area or to help Seventy percent of our lands across which takes a lot of time. make sure we are providing electricity this great United States of America are We have been through that effort to places that are remote and far away. owned by farmers and ranchers. So the dozens of times over the last 20 years. When we look at this 2007 farm bill, conservation program that we have in So it is time we fund a permanent dis- one of the marquis aspects of this bill the national farm bill, in this 2007 farm aster fund, which is included in this

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14772 CONGRESSIONAL RECORD — SENATE December 5, 2007 legislation, thanks to the leadership of is fiscally responsible, so that we do gone wrong. The problem is that the Senator BAUCUS and Senator GRASSLEY not leave our children and our chil- AMT’s exemptions protecting the mid- and other members of the Finance dren’s children to foot the bill—yet dle class have not been adjusted for in- Committee who have worked on this again—for our spending. flation, and the AMT is now loading issue so hard. After 6 years of runaway deficits and additional taxes onto the backs of Let me, in conclusion, say once Tax Code revisions that have dis- working families who already pay their again, I have come to the floor to proportionately benefited the wealthi- fair share. speak about the farm bill because it is est among us, Democrats committed In 2006, 4 million taxpayers had to something we can easily do. We have during the 2006 election that we would pay higher taxes due to the AMT. In 21⁄2 weeks before Christmas. This is leg- reinstitute fiscal responsibility. We 2007, with no fix, 23 million Americans islation we have worked on for a very pledged to play it straight with tax- will have their taxes increased because long time. Under the leadership of Sen- payers: we said we will not run up defi- of the AMT. That includes 830,000 tax- ator CHAMBLISS, several years ago, he cits with the cost of new legislation; payers in Michigan, which is 18 percent held hearings on reforms to the farm we will pay for what we legislate. That of all the taxpayers in the State. Only bill all over this country. Under the pledge applied to program increases, to a few of these Michigan taxpayers are leadership of Chairman HARKIN, this new programs, and to tax cuts. The upper income, and most are not taking year, the first hearing on the farm bill Democrats’ fiscally responsible, pay- advantage of unfair tax loopholes. But was held in my State in Brighton, CO, as-you-go pledge is the only way we if they are caught by the AMT, all in Adams County, one of the largest have been able to temper deficit spend- 830,000 Michiganders could be ham- agricultural counties in my State. The ing that has once again become the mered with hundreds or even thousands effort has yielded a farm bill which is a norm in Washington over the past 7 of dollars in additional taxes. good farm bill which should allow us to years. There is a consensus in Washington move forward to have a final farm bill So far we have held firm on the so- that the AMT exemptions ought to be coming out of the Senate. called ‘‘pay-go’’ commitment. But fix- expanded so that the AMT impacts Now we have seen, again, Senator ing the AMT carries a cost of $51 bil- only upper income Americans, and not REID come to this floor, and he has said lion, and pressure is mounting on the middle class Americans already work- to the Republican leadership: We want Senate to break that commitment and ing hard just to get by. The only issue to move forward on the farm bill. Sen- add to the record $9 trillion national is whether we are going to pay for it. ator REID has said: We will take 10 Re- debt that is already threatening future Protecting the middle class from publican amendments to 5 Democratic generations. In the name of fairness AMT taxes in 2007 will cost the Treas- amendments. Let’s have a debate on and fiscal responsibility, the Senate ury about $51 billion over 10 years. those. Let’s set up some time con- should resist that pressure. Faced with this cost, the House has straints on that debate, and let’s get President Bush has recently used the taken the fiscally responsible course of down to the point where we can have a rhetoric of fiscal responsibility. action. It has sent us a bill, H.R. 3996, final vote on this very important bill. President Bush said, ‘‘You have to which would protect the middle class Yet the answer is: We object—on the have some fiscal discipline if you want from the AMT sledgehammer in a way other side—to anything happening here to balance the federal budget.’’ that is revenue neutral and does not on this farm bill. The distinguished minority leader, add to our national debt. I am hopeful the champions of rural Senator MCCONNELL added that it is The House bill includes three fiscally America, the champions of agriculture time ‘‘to get us out of the business of responsible provisions that would raise on the Republican side, come over to political theater and back to the busi- $52 billion to pay for the AMT fix. join us to help us move this farm bill ness of governing in a fiscally respon- These measures would ensure fairness forward. sible way.’’ in the taxes levied on stock profits and I hope the people of America put I agree with those sentiments even if in the taxes paid by hedge fund man- pressure on the Members of the Senate they are 6 years too late. But being fis- agers. Each provision represents an im- to move forward to bring us to a con- cally responsible as we fix the AMT portant tax reform in its own right clusion on this 2007 farm bill so at the will require the Senate to do more than that merits our support as a matter of end of the session we can go home for talk the talk about fiscal discipline; it tax fairness. Christmas and we can say we have done will require the Senate to walk the The first of the House measures something good for the food security of walk by paying for any tax reductions, would require stock brokers to start our Nation. and not paying for them by increasing reporting the cost basis of the securi- We ought to remember that sign on the national debt. ties they sell for their clients on the my desk that says: ‘‘No Farms, No Unfortunately, some of our Repub- 1099 forms that brokers already send to Food.’’ ‘‘No Farms, No Food.’’ Every lican colleagues have a blind spot: they those clients and to the Internal Rev- American eats. This farm bill is essen- call for fiscal discipline when Congress enue Service, IRS. Reporting the cost tial to make sure we maintain the wants to pay for an earmark or a new basis on these forms is a simple way to independence and the food security we program, but when tax cuts are on the help ensure that the stock owners ac- have had with food in America. line, fiscal discipline is suddenly tossed curately report to the IRS any profits I am very hopeful we are able to into the legislative trash can. True fis- earned from the sales of the stock, and move forward with this farm bill. cal discipline means we have to look at it enjoys broad, bipartisan support. It f the bottom line for taxpayers no mat- is expected to generate about $3.4 bil- ter what kind of legislation we are de- lion in added tax revenues over the PAYING FOR THE ALTERNATIVE bating, including a fix for the AMT. next 10 years. MINIMUM TAX The AMT was intended, when adopt- The next two House provisions would Mr. LEVIN. Madam President, I rise ed in 1969, to ensure that every Amer- affect the income taxes paid by hedge today to urge my colleagues to support ican with significant income contrib- fund managers, a small group of invest- fairness in our Tax Code and fiscal re- utes at least some taxes to this great ment advisers who are among the sponsibility in our budgets and appro- country. It was designed to stop the wealthiest in America today. priations. highest income taxpayers from using Hedge funds are private investment Sometime in the next 2 weeks, the tax loopholes to escape contributing funds accessible only to wealthy indi- Senate will likely be asked to vote on one thin dime to Uncle Sam, ensuring viduals and large institutional inves- legislation to fix the alternative min- that they shoulder their fair share of tors. The experts who decide how to in- imum tax—what we call the AMT. The the tax burden. vest these dollars are typically called issue before us is not whether the AMT The AMT included exemptions to hedge fund managers. In 2006, there ought to be fixed. Fixing it is the only make sure that middle class Americans were about 2,500 hedge funds registered fair thing to do for America’s middle- were not forced to pay higher AMT with the Securities and Exchange Com- class families. The real issue is wheth- taxes instead of their normal tax bur- mission, SEC. Hedge funds take money er we are going to fix it in a way that den. But in recent years the AMT has only from sophisticated investors such

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14773 as pension funds, university endow- company with no full-time employees tion. And they would dig that debt ments, and individuals who have at or physical office. The whole arrange- ditch deeper—instead of paying for the least $5 million in investments. By tak- ment is a phony setup to enable the AMT tax cut—primarily to protect ing investment dollars only from so- hedge fund manager to appear to get hedge fund managers from paying their phisticated investors, hedge funds can paid outside the United States, direct fair share of taxes. avoid complying with SEC regulations the offshore corporation to place the I don’t understand how some can that apply to mutual funds and other compensation in an offshore retirement claim that the deficit matters when investment funds available to the gen- plan, and defer payment of any U.S. the debate is over $22 billion in appro- eral public. taxes on that compensation until priations for health, education or vet- Last year, press reports indicate that sometime in the future. In the mean- erans, but not when the issue is $51 bil- the top U.S. hedge fund manager made time, the offshore corporation can in- lion in tax benefits for the wealthiest $1.7 billion in compensation. That’s bil- vest the funds tax free and accumulate Americans. lion. The average compensation for the investment returns for the hedge fund The bottom line is that the House top 25 hedge fund managers was around manager. The result of all this tricky found the political will to impose tax $570 million. Each. Think about that. maneuvering is that hedge fund man- fairness on hedge funds when they For comparison, the 2006 median in- agers are able to defer U.S. income passed H.R. 3996. The Senate can and come for U.S. households was less than taxes and circumvent parts of the U.S. should do the same. If we don’t—if we $49,000, which is less than one ten thou- Tax Code that limit tax free contribu- give in to the pressure to break the sandth of the income collected by those tions to retirement plans. Some are pay-as-you-go rules that have so far top hedge fund managers. able to defer paying taxes on hundreds held firm in the Senate—it will be that Hedge fund managers make their of millions of dollars of annual income. much easier to break the rules again in money by charging their clients a man- The House bill would put an end to the future. Giving up on pay-go would agement fee equal to 2 percent of the this offshore tax dodge by requiring let down American taxpayers who are funds provided to the hedge fund for in- hedge fund managers to pay taxes on counting on us to act responsibly and vestment and, in addition, by taking 20 any earnings from their deferred off- pay for what we legislate. percent of the profits earned from shore compensation, as those earnings If the Republican filibuster continues those investments. The 20 percent accrue. The tax-free ride would be over. and succeeds, and if we cannot muster share of the investment returns from If enacted, this provision would raise 60 votes to break it, we would then be hedge funds is known as ‘‘carried inter- $23.8 billion over 10 years. forced with the choice of raising taxes est.’’ Under current law, most hedge Requiring accurate reporting of on 23 million working families or vio- fund managers claim that this carried stock profits, applying the same tax lating our pay-as-you-go rules. I would interest qualifies as capital gains sub- rates to carried interest as to the in- protect my constituents at the expense ject to a maximum tax rate of 15 per- come of ordinary Americans, and tax- of an even deeper national debt. But we cent, rather than as ordinary income ing deferred offshore investment in- don’t have to go that way, and we subject to a maximum tax rate of 35 come are provisions that promote tax shouldn’t. With the House bill we can percent. fairness and make a lot of sense. To- protect our constituents from unin- When hedge fund managers take 20 gether, these three House provisions tended tax increases, we can ensure percent of their clients’ investment re- would raise more than $52 billion over fairness in the tax code, and we can turns, they are being compensated for 10 years, enough to pay for the entire avoid increasing the Federal deficit. managing those client funds; they are $51 billion AMT fix so that we can pro- I urge my colleagues, Republicans not collecting profits from investing tect middle class Americans from the and Democrats, to take a look at the their own money. Characterizing this AMT sledgehammer without running tradeoffs presented in the House bill. compensation as capital gains is a tax up the national debt. The House bill will allow us to fix the dodge that has been allowed to go on So why is the Senate hesitating to AMT for a year, and at the same time for too long. This tax loophole allows enact the House bill? ensure that the wealthiest among us hedge fund managers to pay a 15-per- Some claim that forcing hedge fund contribute their fair share to this great cent capital gains rate on millions—or managers to pay their fair share of country. I urge my colleagues to take even billions—of dollars in income. taxes would somehow put an end to the seriously Congress’s commitment to Meanwhile, a receptionist in the same capitalist spirit in America. Whatever fiscal responsibility as well as fairness, office receiving a $50,000 salary pays at the merits of the argument for lower and to pass H.R. 3996. a regular tax rate. Making a salaried taxes on capital gains, those argu- I yield the floor. worker pay a higher tax rate than the ments certainly do not make any sense I suggest the absence of a quorum. managers who are making hundreds of when applied to income earned for The PRESIDING OFFICER. The millions of dollars is a tax travesty, servicing and managing other peoples’ clerk will call the roll. and it has got to stop. capital. Surely the person who earned The assistant legislative clerk pro- The House bill would restore fairness $1.7 billion would have had that same ceeded to call the roll. by putting an end to this tax loophole. capitalist spirit and zeal for investing Mr. REID. Madam President, I ask The second provision of the House bill whether his take home pay was $1.7 bil- unanimous consent that the order for would make it clear that the 20 percent lion or $1.1 billion. the quorum call be rescinded. carried interest is, in fact, taxable as Some of my colleagues argue that The PRESIDING OFFICER. Without ordinary income, making hedge fund the Senate just should add the $51 bil- objection, it is so ordered. lion cost of the AMT fix to the deficit managers pay the same income tax f rates as ordinary Americans. If en- and leave it at that. But when some acted, it would raise about $25.6 billion taxpayers are given a free ride, the rest CONCLUSION OF MORNING over 10 years, half the cost of fixing the will inevitably be asked to make up the BUSINESS AMT. difference, whether it is through in- Mr. REID. Madam President, I ask The third provision in the House bill creased debt or higher taxes down the unanimous consent that morning busi- would address a smaller group of hedge road. We all know that there is no free ness be terminated. fund managers—those routing their lunch, and there is no free tax cut, and The PRESIDING OFFICER. Without compensation through offshore cor- history shows that when upper income objection, it is so ordered. porations located in tax havens. groups avoid paying taxes, the middle Morning business is closed. The hedge fund managers partici- income groups end up footing the tax f pating in this tax dodge typically don’t bill. Unfortunately, some continue to live or work in the tax haven where the grasp onto the fiscally irresponsible at- TEMPORARY TAX RELIEF ACT OF offshore corporation is incorporated. titude that, in just the last 7 years, has 2007—MOTION TO PROCEED The offshore corporation often doesn’t added $3.5 trillion to the $9 trillion The PRESIDING OFFICER. Under have any physical presence in the tax debt ditch already threatening the eco- the previous order, the Senate will re- haven either—it functions as a shell nomic well-being of the next genera- sume consideration of the motion to

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14774 CONGRESSIONAL RECORD — SENATE December 5, 2007 proceed to H.R. 3996, which the clerk The PRESIDING OFFICER (Mr. I have heard the distinguished Re- will report. PRYOR). Without objection, it is so or- publican leader come forward and say: The assistant legislative clerk read dered. Well, that is what we have done in the as follows: Mr. REID. Mr. President, I move to past. I have been through this before, A motion to proceed to the bill (H.R. 3996) proceed to calendar No. 487, H.R. 3996— but let me repeat for everyone: The av- to amend the Internal Revenue Code of 1986 I am happy to see my friend, the distin- erage number of nongermane amend- to extend certain expiring provisions, and for guished Senator from Georgia on the ments on farm bills has been one—one other purposes. floor. I believe my friend from Georgia per bill—one. In my efforts to be fair Mr. REID. Madam President, it is my knows how hard I have tried to get and to move forward, I said, OK, on the understanding there is a motion to pro- some way to proceed forward on this 10 amendments the Republicans want ceed that is now before the Senate. I farm bill. We don’t have farms in Ne- to do on this bill, we will have two of ask to withdraw it. vada. We do have some. We have lots of them nongermane. I didn’t ask what The PRESIDING OFFICER. Without ranches. As I have said on the floor be- they would be. There was no taking of objection, the motion is withdrawn. fore, the one crop we are very proud of that. So I have done literally every- Mr. REID. What now is the pending is onions. We are the largest white thing I can do. business? onion producer in the world—in the The farming and ranching commu- f United States—I am sorry. And in nity of this country, they know why we FARM, NUTRITION, AND Lyon County, we produce lots of stuff: are not moving forward on the farm BIOENERGY ACT OF 2007 onions, garlic, and in Mason Valley, bill. They know what is going on: The The PRESIDING OFFICER. The lots and lots of alfalfa. The greenbelts Republicans do not want to move on clerk will report the pending business. of Nevada are shrinking because of the the farm bill. Maybe they don’t care The assistant legislative clerk read population growth we have. But we about it. Maybe they think it would be as follows: still have ranches—ranches that were some kind of a victory for Democrats A bill (H.R. 2419) to provide for the con- owned by Bing Crosby—I mean that who are in the majority in the Sen- tinuation of agricultural programs through were famous ranches. They still are. ate—not much of a majority, but we fiscal year 2012, and for other purposes. But even they are being hit by the pop- are in the majority. I don’t understand Pending: ulation growth. what this is all about. But Friday We are very proud of our ranching Harkin amendment No. 3500, in the nature morning we are going to have a cloture of a substitute. community. There are things in this vote again. Is that so unreasonable Reid (for Dorgan/Grassley) amendment No. farm bill that have direct impact on that if people believe in the farm bill, 3508 (to amendment No. 3500), to strengthen my constituency in the State of Ne- then they would still have 30 hours to payment limitations and direct the savings vada. That is one reason I have tried offer amendments relating to the farm to increased funding for certain programs. everything I know to move to this bill. bill? They would have to be germane Reid amendment No. 3509 (to amendment We have tried moving forward amendments. But what would be wrong No. 3508), to change the enactment date. amendment by amendment. The Dor- Reid amendment No. 3510 (to the language with that? proposed to be stricken by amendment No. gan amendment under the bill is still We have had one cloture motion. It 3500), to change the enactment date. pending. That is a bipartisan amend- has been defeated. We have waited Reid amendment No. 3511 (to amendment ment. I have suggested let’s have X weeks now. We have offered all kinds of No. 3510), to change the enactment date. number of amendments, and finally I suggestions to move forward. We have Motion to commit the bill to the Com- got so desperate I said let’s have the not heard a single proposal back from mittee on Agriculture, Nutrition, and For- Republicans have 10 amendments and the Republicans other than to say: estry, with instructions to report back forth- we will have 5. Still no takers on that. with, with Reid amendment No. 3512. Well, open it up for amendments. Open Reid amendment No. 3512 (to the instruc- We heard from Senator HARKIN today it up for amendments so we can ask tions of the motion to commit to the Com- who said: Senator CHAMBLISS and I now that we initiate a flat tax, or open it mittee on Agriculture, Nutrition, and For- have the amendments down to less up to an amendment that we push for- estry, with instructions), to change the en- than 40. I said: Oh, good. Let’s enter ward on Bush’s tax cuts that have put actment date. into an agreement that we will have 40 this country into such a terrible hole Reid amendment No. 3513 (to the instruc- amendments, or whatever it is, and we financially. That is what the plan is, tions of the motion to recommit), to change will proceed to work on those. No time the enactment date. and we are not going to be a part of Reid amendment No. 3514 (to amendment agreements. No deal. that plan. We want to do a farm bill. No. 3513), to change the enactment date. The only agreement we have had on We want to do it fairly and reasonably. CLOTURE MOTION this bill is we have locked in a finite While we are talking about schedule, Mr. REID. Madam President, it is my number of amendments. But it is 287 I have spoken to the Speaker several understanding there is a cloture mo- amendments—287 amendments—with times today and she is going to com- tion on the Harkin substitute amend- issues that are so pertinent to the farm plete either today or tomorrow an en- ment at the desk. bill, like immigrants’ driver’s licenses, ergy bill. That being the case, that will The PRESIDING OFFICER. The mo- just for beginners. There have been come here as a message from the House tion having been filed pursuant to rule some suggestions: Well, why don’t you and we will have a cloture vote on XXII, the clerk will report the motion. just move to the bill. We are in the that. The way things now are, if it gets The assistant legislative clerk read waning days of this year, and we have here tomorrow, we will file a cloture as follows: to proceed and complete a number of motion on that and we will have a vote CLOTURE MOTION issues. But I was a little bit lax. I said: on that Saturday. So everyone should We, the undersigned Senators, in accord- Well, maybe we are working here, try- know that unless there is an agreement ance with the provisions of rule XXII of the ing to work together on things, and the to change that, we will have a vote on Standing Rules of the Senate, do hereby Amtrak bill hasn’t been done for 5 or 6 Saturday. We have Senators leaving for move to bring to a close debate on the Har- years and people are crying for some- Bali and Senators wanting to go to kin substitute amendment No. 3500 to H.R. thing to be done about this. We have some celebration at Pearl Harbor, and 2419, the farm bill. one Republican Senator for years who a lot of other places people want to go. Tom Harkin, Russell D. Feingold, Jon has tried to kill Amtrak. He came very But the country has a lot of business Tester, Dick Durbin, Benjamin L. Cardin, Frank R. Lautenberg, John F. close to it a few times and we always that needs to be attempted to be com- Kerry, Ted Kennedy, Byron L. Dorgan, were able to survive. So this year, I pleted, and we are going to do that. I Barack Obama, Ben Nelson, Amy Klo- said let’s move to it. On a bipartisan hope we can work together to solve buchar, Sherrod Brown, Sheldon White- basis we had people who wanted to do some of these issues. house, Tim Johnson, Jim Webb, Hillary that bill. We opened it up. What is the But to show the futility of our trying Rodham Clinton. first amendment? A tax measure. A tax to progress, take, for example, the Mr. REID. Mr. President, I now ask measure. We finally got that bill AMT, this tax proposal which was unanimous consent that the manda- passed. But we can’t on this farm bill passed by a former Republican admin- tory quorum call be waived. open it up. istration. Unless we place a so-called

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14775 patch on it, 20 million people or so will lieve, is what he said, and I think that Mr. CHAMBLISS. We have not agreed have an added tax. Some who make as is correct. A little over half of those to that. We have been working to- much as $75,000 to $500,000 will be af- were Democratic amendments and gether. fected by this legislation if we don’t do about half were Republican amend- Mr. REID. See, Mr. President, this is something to patch it. I have done ev- ments. We have hotlined our bill once the problem we have all the time. The erything I can except turn a back flip again today, and through work of the Chairman, Senator HARKIN, said Sen- off of the Presiding Officer’s chair to staff on both sides, we have cut our ator CHAMBLISS and he had agreed to see if we can figure out a way to move number in half again today, and I dare- have less than 40 amendments. I said, forward on AMT. I ask: How could we say I can cut it by two-thirds in very fine. But it is always this rope-a-dope— be more reasonable than what we have short order. So we are moving south. no, it is not 40; we are still working on suggested? We are moving in the direction of get- it. Of the 287, half of those are gone. The House has passed a bill. It is over ting amendments not only that are And I guess half of that would be 143. here. I said: Let’s vote on that by unan- germane, but as the distinguished ma- We are down on the Republican side. imous consent. Let’s vote on it. In ad- jority leader said, we have always had Maybe they can get rid of two-thirds of dition to voting on that, let’s vote on a couple of nongermane amendments them. Senator LOTT’s proposal. Senator on farm bills. As I looked at the list of There is always some reason we can- LOTT’s proposal is to do away with the the Democratic amendments, there not go to the bill. It is very easy to say AMT. The only problem with that is it were a number—I daresay more non- if we had had an open process, we could would cost about $1 trillion, but we are germane amendments on there than have been to conference. That is fool- willing to vote on it. Senator GRASS- there were amendments that are ger- ishness. I repeat, we know what farm LEY and Senator BAUCUS have a meas- mane to the farm bill. So I don’t think bills are. It takes a while to work ure out of the Finance Committee that it serves any purpose for us to argue through them. But in recent history, says we are going to have tax incen- about the germaneness or nongermane- we have averaged one nonrelevant tives, which people believe in, and they ness, obviously, with the exception of amendment per farm bill. I am willing are all paid for. With that is an AMT the cloture vote, what effect it will to take nonrelevant amendments, but that is not paid for. Nope, we can’t do have on that. no one will tell us what they will agree that. I said: Well, I have a new idea. But here is my point. This has been a to. I agreed to 10, 5, and then Senator Let’s have a vote and not pay for it. bipartisan effort, as the majority lead- HARKIN said we can have 40. I said sign Nope, can’t do that. So if there were er knows. I worked very closely with them up, let’s do 40. The ranking member of the com- ever a book on being reasonable, I hope Senator HARKIN and Senator CONRAD they include a paragraph or two about and we have developed not only a bi- mittee says: Well, we are still working what we have tried to do the last few partisan farm bill, but we, in a bipar- on it. That is what we have had. I want days. We have tried to be reasonable. tisan way, have been whittling down all ranching and farming families to Think about this: What else could we the amendments. We are going to con- hear what is going on here, which has agree to do on AMT? They don’t want tinue to do that, in spite of the cloture gone on for weeks. Whether the pur- to vote on it if it is paid for. They don’t motion being filed, and I am very hope- pose is to stop Democrats from passing want a vote if it is half paid for, they ful that whether it is Friday of this a farm bill, I don’t know. Maybe the don’t want a vote if it is repealed, and week or Monday of next week or Tues- ranking member simply doesn’t want a they don’t want a vote if it is not paid day of next week, whatever the date bill. There may be reasons for that. We for. I don’t know what other iterations may be, we can come back to the ma- had a bipartisan bill. Twenty percent of this anyone could come up with, but jority leader as well as the minority of the Senate voted on the bill. Twen- I think I have covered the basics. We leader and say: OK, here is where we ty-one Members of the Senate are have been told by the Republicans no are. This is the final number of amend- members of the Agriculture Com- vote on any of them. ments that we can finally have votes mittee, and they voted to report the If there is a closure of this congres- on, and if no agreement can be nego- bill out here. But there has been no sional session and the AMT hasn’t tiated on that basis, then perhaps we movement on it. Cloture is ripening passed, it can be directed where most can’t come to some conclusion of it. now, and we will move forward. To show what is going on, we have everything is directed—with the Re- But we have stood ready from day 1 to filed cloture on AMT, the bill that publicans marching in lockstep with have an open process of amendments came from the House. We filed cloture the White House. The Republicans. If being filed, amendments being debated, on the farm bill; we are going to file there is no AMT patch, it is the fault of and votes on those amendments, and cloture tomorrow on the Energy bill. the Republicans. They won’t let us some of those amendments I have sig- Everything we do, we have to proce- vote on anything. nificant disagreements with. But I was So I say through the Chair to the dis- durally go through all of these hoops willing to debate those amendments tinguished Senator and my friend from because the Republicans are on and if we win, we win; if we don’t win, Georgia: Do you know how we can com- steroids as it relates to filibusters. we don’t win, and we move on, but we plete the farm bill? They are going to break all records. get a bill off the floor of the Senate. Mr. CHAMBLISS. Mr. President, They will break a 2-year record this The House passed their bill in July, first, I thank the majority leader for year. I think the American people are and here we are in December and our coming down to the floor and providing seeing what is going on. work has not been completed. one more chance to discuss this. I re- The Republicans are demanding the gret that the majority leader has taken I would simply say to the majority status quo, in spite of our accomplish- this action to file cloture. But I can leader, if he asks me, as he did, how ments. We have had a lot of accom- tell you what the answer is and I can can we get a farm bill? Let’s start it. plishments, Mr. President. We can run tell you how to complete the farm bill. Call it up. Let’s let amendments be through the list, but we need not do This is our fifth week on this bill, lit- filed, debated, and voted on. I assure that. But there have been large, signifi- erally. We had 2 weeks before the you we will move this farm bill. I am cant, and important accomplishments. Thanksgiving recess. We have been out here Saturday, Sunday, nights, holi- Accomplishments are not enough. We 2 weeks, and our staff has been working days, whatever the majority leader believe in changing the status quo. We extremely hard during those 2 weeks, suggests. believe in the agents of change. They and here we are back in the fifth week. We are here to do a farm bill, and I are agents of keeping things the way If we had had an open process initially, think I also speak for Senator HARKIN they are. this farm bill would be in conference that he will be here, and we will get The American people want things today. I think that still can happen. this done. changed, and we want to be part of that The distinguished majority leader re- Mr. REID. Mr. President, Senator change. We hope we will be joined by ferred to the number of amendments HARKIN told me today Senator CHAM- our Republican colleagues to change a that are out there. I don’t remember BLISS and he had agreed to about 40 few things. Let’s have a new farm bill. what the number was, but 286, I be- amendments; is that valid? Let’s not have to extend the farm bill

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14776 CONGRESSIONAL RECORD — SENATE December 5, 2007 that is now in existence. Let’s try to do bill. They are trying to send a message. argue with me that that has no place something with AMT, rather than walk I have said we will accept x number of on the farm bill? Why would that be on out of here and have people saying it is amendments, and I spoke to Senator the list? I am sure it is a valid idea. too bad the Democrats didn’t do AMT. HARKIN and he said they worked on When it comes to AMT, 19 million I have said that I defy anybody to this today. I thought he had spoken to Americans are going to get hit with come up with a way to do AMT other the Senator from Georgia. Maybe it this tax if we don’t do something. The than the way I have suggested: Vote on was staff driven, but he said they Senator from Kentucky says we should the House bill, which is fully paid for; agreed to 40 amendments. I said sign engage in a debate on the Senate floor do the Lott proposal, which eliminates the deal up. Or let’s agree to 50 amend- on the flat tax. What? Yes, the flat tax. it and costs a trillion dollars; do what ments. But we cannot get any agree- That is one of their amendments. They Senators GRASSLEY and BAUCUS re- ment. We are in a rope-a-dope, Mr. want to toss out the entire Internal ported, that we pay for the extenders, President. Revenue Code and replace it with a flat not for the AMT. This morning I sug- The PRESIDING OFFICER. The Re- tax. We have to argue that before we gested don’t pay for it. But, no. Si- publican leader is recognized. take up the AMT. That is what we are lence. Mr. MCCONNELL. Mr. President, this hearing from the Republicans. I am disappointed but not surprised sounds somewhat similar to the discus- Does that sound like it is responsible, at how we have been treated today. sion the majority leader and I had ear- like it addresses the issues we were Mr. CHAMBLISS. Mr. President, let lier today, so I will not belabor this. sent to deal with? Every time we get to me respond to the distinguished major- Sometimes it is harder to get a consent a substantive issue, Senator REID ity leader by saying that when he says agreement limiting Members’ opportu- comes to the floor and says let’s nar- I don’t want a farm bill, nothing could nities to offer amendments than it is to row the amendments, have the debate, be further from the truth. I already call up a bill and process amendments, and decide it up or down. We will give voted for this farm bill. I am ready to which is the way we have done farm you your chance to offer amendments vote for this farm bill that came out of bills in the past. related to the bill, and we will see how the Agriculture Committee tonight. Six years ago, a Democratic majority it ends. How much fairer can that be? But when he says also that they are filed cloture a couple times and cloture They reject it. the advocates of change, what he is was not invoked. The bill was put Time and again, they reject it be- proposing is a change in the process aside, and we came back later and fin- cause they don’t want us to achieve when it comes to farm bills. We do ished it in a week, with no consent anything in this session. Fifty-six think the status quo on farm bills is agreements, no limitations, nothing. times this year they have created a fil- the direction we ought to go, which is We disposed of the amendments. That ibuster situation. Now, people who a free and open amendment process, to is the way to pass this bill. don’t follow the Senate may not know let the will of the Senate operate rel- With regard to the AMT, this is a bill what that means, but if you saw ‘‘Mr. ative to farm policy. upon which there is a possibility of a Smith Goes to Washington’’ and This is a critical 5-year bill for every consent agreement limiting amend- watched Jimmy Stewart crumple at his farmer and rancher in America. If we ments. In fact, I offered one yesterday desk when he had run out of steam and limit the ability of folks to certain that would limit the AMT consider- could not talk anymore, that is what a areas of concern, then we are not giv- ation to four amendments. So we can filibuster is all about. That is what the ing every farmer and rancher in Amer- get, on the AMT, a consent agreement Republicans are all about—talk, talk, ica the opportunity to have their case that would make that possible to be talk—or in the modern era, recess, made in the Senate. So I simply say I dealt with in short order. quorum call, recess, quorum call. am ready to bring a farm bill to the I repeat my request of the majority Some Senator said to me it reminds floor. I have been ready for 5 weeks to leader to take a look at that and see if him of when Abraham Lincoln con- do it. Senator HARKIN and I have not we cannot enter into a consent agree- tacted a general during the Civil War even had a discussion today about 40 ment to wrap up the AMT. and said: If you are not going to use amendments. I am not sure where that Regarding floor time, we have spent the Army, can you let me use it to exe- came from. There has been absolutely the whole day doing nothing. Today, cute the war? no conversation between Senator HAR- we could have been on the farm bill If we are not going to use the Senate KIN and myself about that. processing amendments and moving us floor to do the business of the Amer- I am prepared to move forward. If the down that path. Senator CHAMBLISS in- ican people, can we set up a flea mar- majority leader will call up the farm dicated, before I came to the floor, that ket or something, so that something bill, let’s start the amendment process, the list on our side could be signifi- positive is happening? debate, and votes. I am here to do it. cantly narrowed. Why don’t we, at The Republicans are determined to Thank you. some point, look at that, and we will stop anything substantive from hap- Mr. REID. Mr. President, I appreciate have fewer and fewer amendments to pening. We want to take up the AMT the Senator from Georgia talking deal with. I don’t know what we intend tax and protect 19 million taxpayers. about his experience here. But I have a to do on the floor next week, but if They are going to stop us. When they little bit of experience, too. I have been most of the work of the Senate right stop us, they are going to blame us. We here a quarter century. I know how now is going on in negotiations off the saw that earlier in the day. The Repub- farm bills work. Anybody can look at floor, why not be doing the farm bill on lican leadership stopped a bill, and a the record. Farm bills have been han- the floor and processing amendments Senator said we are just not taking up dled the way I have talked about them and moving forward like the Senate appropriations bills. They cannot have being handled. normally does? it both ways. If the Senator from Georgia so likes I yield the floor. I listened to Senator REID, and I de- this bill that he voted for, what would The PRESIDING OFFICER. The Sen- tected a note of frustration. How many be wrong with voting cloture with us ator from Illinois is recognized. weeks have we wasted trying to get and allowing people who have germane Mr. DURBIN. Mr. President, it is in- through a farm bill that passed over- amendments to the farm bill to offer teresting that when you offer to the whelmingly on a bipartisan basis? They them? What in the world is wrong with Republicans the opportunity to have a want to consider an amendment on the that? I say, respectfully, that the Sen- farm bill and debate the issues on the Exxon Valdez spill on the farm bill. I ator is speaking out of both sides of his bill, they reject it. They want to de- am sorry, but there are important mouth when he is saying he supports bate a lot of other things. They want to things in that bill that need to pass, this bill, when he is not willing to vote bring up a lot of other issues. I recall and they should not be held hostage to for cloture and accept germane amend- the list of amendments, including one the whim of every Senator on the Re- ments. He wants some other process so from the Senator from Alaska regard- publican side who has an idea. I am they can deal with driver’s licenses for ing the Exxon Valdez litigation. That is sure we could have a spirited debate illegal immigrants and other issues an important issue, but is it a farm bill about the future of the flat tax. But it that have nothing to do with the farm issue? Would the Senator from Georgia is getting close to Christmas, and we

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14777 are supposed to get this done before we Pacific and in communities across the of the bad weather, it would mean hun- leave. We will never get it done if every United States. dreds of millions of dollars for schools Senator on the Republican side who They have made many people proud. and public safety, roads, and other es- dreams up another debate topic is They honor the people and land of sential county services. This program given another half day or 2 days to pur- Hawaii before every game. They have has been a successful one. It has been sue it. shared our unique culture with the built around collaboration among At some point, leadership involves world. counties, environmentalists, timber in- responsibility. At this point, I think The Warriors have brought the peo- terests, and others, and the funds are the Republicans are being irresponsible ple of Hawaii together, united in sup- absolutely critical to our rural commu- because they refuse to let us do the porting this incredible team that con- nities. people’s business. They want to protect tinues to defy the odds. I join the peo- The legislation that has been agreed the status quo. They don’t want this to ple of Hawaii in congratulating the to today, the Energy bill, is very im- change. They want to make this a do- University of Hawaii Warrior football portant to our country’s future. But nothing Congress just like the last team and rooting for victory in the equally important is the legislation Congress, when they were in charge. Sugar Bowl New Year’s Day in New Or- known as the County Payments Pro- We are trying our best to avoid that. leans. gram for rural communities. The honest answer may be that we As we say in Hawaii, ‘‘Hana Hou,’’ do I am grateful to my colleague, Sen- need more votes on this side of the it again! Go Warriors! ator MURRAY, and Senator MENENDEZ, aisle so we can stop this, so we can The PRESIDING OFFICER. The Sen- who have been waiting patiently for move ahead and make some real ator from Oregon. the chance to make this announce- changes in farm policy and tax policy. f ment, and it is my hope that with the We would not reach that point if the COUNTY PAYMENTS unflagging support of rural folks from Republican strategy continues—filibus- across the country that this much- ters and blocking, coming up with ex- Mr. WYDEN. Mr. President, I thank needed energy legislation will move cuses, and spending months on a bill my colleagues, especially Senator forward and the country can look to a that should have taken days. MURRAY and Senator MENENDEZ, for brighter future for rural communities. That is their plan, their policy. That their courtesy. I will be brief. I yield the floor. is what they believe in. That is the Today the House and Senate an- The PRESIDING OFFICER. The Sen- best they can offer the American peo- nounced a historic package to address ator from Washington. ple. That is why the Republican Party the energy crisis facing our Nation. f But in addition, as part of that impor- leadership in the Congress has been WASHINGTON STATE FLOODS summarily rejected by the American tant legislation, the agreement con- people. They are sick of it. They want tains more than $1.8 billion in des- Mrs. MURRAY. Mr. President, I bipartisan cooperation, progress, and perately needed funding for our Na- thank my colleague from New Jersey they want change. tion’s rural schools, counties, and com- for allowing me to speak before he munities. does. I wish to speak today because, as f Without the safety net funding pro- we all know, in the last several days, MORNING BUSINESS vided as part of the energy legislation, the Pacific Northwest has been hit by Mr. DURBIN. Mr. President, I ask rural communities across this country devastating storms. We have seen wind unanimous consent that the Senate could literally be wiped off the map. and dangerous floods and mud slides now proceed to morning business, with Without this critical funding, rural that have cut off our roads, our homes, Senators permitted to speak therein, counties across America will once cut off power to literally thousands in with Senator AKAKA speaking for up to again be staring down into a precipice my State. 5 minutes, Senator MENENDEZ for up to and a future filled with closed schools, Today, the pouring rain thankfully 15 minutes, Senator MURRAY for up to terminated services, and deteriorating has subsided a bit, but thousands of 5 minutes, and Senator WYDEN for up roads. Within months, pink slips could people are coping with the damage in to 5 minutes. again be sent to teachers and to county my State, in my region. We will not The PRESIDING OFFICER. Without workers. know the full impact of this storm for objection, it is so ordered. Fortunately, some help for those some time, but our Governor has al- The Senator from Hawaii is recog- rural communities is now on the way. ready estimated that the cost is going nized. The energy package contains an exten- to be in the billions of dollars. f sion of the Secure Rural Schools Pro- My heart goes out to everyone in my gram that I authored in 2000. This pro- home State of Washington and in Or- COMMENDING THE UNIVERSITY OF posal closely mirrors the legislative egon who are coping with the after- HAWAII WARRIOR FOOTBALL proposal that was crafted with Sen- math of this tremendous storm. Those TEAM ators BAUCUS, BINGAMAN, REID, and people are in my thoughts constantly. Mr. AKAKA. Mr. President, I rise myself, a proposal that passed over- I am working with all of our State, today to commend the University of whelmingly in this body by a 74-to-23 local, and Federal entities to be sure Hawaii Warrior football team, which vote as an amendment that I offered to everyone gets all the service and sup- completed the first undefeated season the war emergency supplemental port they need at this critical time. in the team’s history, securing a first- spending bill last spring. I especially thank and mention our ever appearance in the Sugar Bowl on Specifically, the new energy package Governor, Governor Gregoire of Wash- New Year’s Day. provides 4 more years of funding for ington State. She has been very strong Facing powerful schools from across the Secure Rural Schools Program, in her leadership throughout this dis- the country, this dedicated, hard work- commonly known as the County Pay- aster and has been working tirelessly ing, selfless team found the courage, ments Program. A year of full funding to coordinate the rescue efforts. strength and discipline to emerge vic- for the payment in lieu of taxes pro- I especially today send a very heart- torious from every challenge. A spirit gram has also been included. By pro- felt thanks to all of our rescue work- of support and teamwork, as well as viding funds through 2011, this deal ers. They have been working out in confidence under pressure, made this gets our rural counties off the fiscal these torrential rains, night and day, historic undefeated season possible. roller coaster and back to stable fund- rescuing people from flooded homes In addition to their victories on the ing so they can get at the real work of and vehicles. They have been flying in field, the Warrior football players have planning for the future. Today’s an- supplies to people who are stranded. also introduced viewers to the diverse nouncement would mean $1.8 billion in They have been working very hard to cultures they represent. They have be- critical funding for school and road clear roads and railways that are still come positive role models for young programs across America. tonight swamped. people not only in Hawaii, but in In our home State of Oregon, particu- So far, the Navy, the Coast Guard, Samoa, Australia, around the South larly when folks are suffering because the National Guard, and all of our

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14778 CONGRESSIONAL RECORD — SENATE December 5, 2007 agencies have rescued about 300 people COST OF THE IRAQ WAR systems in Iraq. The Iraqis now break by helicopter alone. This is our State’s Mr. MENENDEZ. Mr. President, for open the pipes and steal the water. largest aerial search-and-rescue oper- more than 4 years now, President Bush American money went toward books ation in over a decade. has been declaring victory or progress for schools. Iraqis steal them from the Let me paint a picture for all my col- in Iraq. The thousands of soldiers who Ministry of Education and sell them on leagues of the damage that has oc- have lost their legs, gone blind or suf- the street at three times the price. curred so far. fered horrible nightmares might be Government officials have sold the fur- niture right out of their offices. That is Parts of southwest Washington now finding it hard to celebrate. The fami- what the American taxpayers are fund- look like a sea of brown water. Homes lies of those men and women might not be cheering very loud about the Presi- ing. are flooded up to their roofs. Entire So is it time to change our strategy, dent’s view of success. Thousands more communities have been isolated by or do we ignore the corruption while swamped roads. Out on our coast, whose children, whose mothers and fa- Americans pay and Americans die? winds of up to 100 miles an hour have thers are lost forever might be finding Here is the message we send to Iraqi knocked out power to literally thou- it hard to share in the latest cries of politicians by sending them a blank sands of homes. People feel very iso- victory. check with no expiration date: Con- lated today. They don’t have power, Yes, the number killed last month tinue your squabbles. We will continue they don’t have telephones, and, in dropped to 37, and we certainly rejoice to see the loss of American life and some areas, it is very tough to even as- in the fact that fewer soldiers are continue to empty our treasury for you sess how bad the damage is yet because dying. That is still another 37 families for as long as you like. That message we cannot even get to these people who who have no reason to rejoice. More is: You can sit back while Americans do not have power or telephones. American troops have died this year pay and Americans die. I think it is I know a lot of relatives in the region than any other year. time for a different message, Mr. Presi- No matter how much military and across the country are desperately dent. progress has been made in Iraq, that trying this evening to reach their loved After seeing a surge in the military kind of security can only go so far. No ones who have been affected, and our that has lasted for months do nothing amount of troops will force Iraqi politi- office, along with Governor Gregoire, about a splurge of corruption that has cians to agree on a fair distribution of Senator CANTWELL, and others, is doing lasted for years, the conclusion we oil revenues. No Abrams tank can build everything we can to help. have to draw from that is clear: The trust between Shiites and Sunnis. only way Iraqis will take charge of Finally, I wish to mention one of the The whole point of this surge was to hardest hit areas, and that is Inter- their own country and make the tough create the conditions necessary for compromises necessary to form a func- state 5. This is the major artery that Iraqis to make political progress. But 2 links Portland, OR, and Seattle, WA. tional society is when they believe we weeks ago, the Washington Post ran a won’t be there forever. That is the only That highway has been closed since headline that said: ‘‘Iraqis Wasting an Monday, and some are saying it is way. It is long past time for the Iraqi Opportunity, U.S. Officers Say.’’ Government to take charge, and the going to be several more days before we Iraqi security forces are still unable only way they are going to step up is if even get it open. This has forced cars to operate on their own. Any cease-fire we begin to transition out. A reduction and trucks that are traveling from Se- between factions could evaporate in in fighting is not an excuse for a reduc- attle to Portland or Portland to Se- minutes. We started drawing down tion in planning for our involvement to attle to detour through the Tri-Cities. troops to pre-surge levels, but we have end. For those who don’t know my State, to wonder whether we are going to be The fact is, the violence has not that means they have to go over a told again we have to re-surge, do it all stopped and the costs of this war have mountain pass that is snow packed over again because the Iraqi Govern- only gone up. The war is costing us $10 right now, take 4 extra hours, if the ment and security forces are largely billion or so per month. The debt our roads are good and the snow and ice still at square one. Government is taking on, and that tax- has not stopped them on the pass used Our generals in Iraq have been the payers are going to be responsible for, to get to Portland. So this is a major first to admit that a solution to the is exploding at the rate of $1 million a nightmare in our area. country’s conflict has to be more than minute. I heard our colleagues earlier It is very hard to explain the impact a military solution; it has to be a polit- today, when I was Presiding Officer, of all this damage, but estimates of ical solution. A political solution is up talk about fiscal responsibility and cost to businesses from delays on that to Iraqi leaders. Right now there has what we bequeath to the next genera- highway alone have been placed at $4 been practically zero progress on the tion. Well, we are bequeathing them $1 million a day to our businesses that core critical issues necessary to bring a million a minute of debt, because none rely on this major artery to get their lasting peace. of the money the President asked for is goods quickly and safely back and The administration set 18 bench- paid for—none of it. Yet when we try to forth. marks for the Iraqi Government to invest in America, we are told there is As I said in a speech earlier today on meet. They have barely met three. So no money for it. But it is okay to con- the floor, the impact of these storms is it time to turn up the pressure or let tinue to saddle the next generation of reinforces how important our transpor- them keep squabbling while Americans Americans with a huge debt, $1 million tation infrastructure is to absolutely pay and Americans die? a minute. everyone. We are all one rainstorm, There is more corruption in Iraq than When the numbers are that high, one bridge disaster away from huge im- almost anywhere else on the face of the every American taxpayer has to ask pacts to our economy and to families’ Earth. We simply don’t know where him or herself a basic question: How lives. our money is going. It is a pit of quick- does the President plan to pay for the sand when it comes to money. Some es- war? Again, I wished to come to the floor timates say that as much as a third of Well, last week, we got a small part this evening to send my heartfelt the money we spend on Iraqi contracts of that answer. He wants to cut funding thanks to everyone who is working so and grants winds up unaccounted for or for counterterrorism at home. Accord- hard in my State of Washington and to stolen—a third of billions of dollars, ing to a leaked administration docu- all those people who have been affected with a lot of it going straight to Shiite ment, President Bush wants to cut so devastatingly by these storms. They or Sunni militias. Let me repeat that: counterterrorism funding for cities by are all in my thoughts every minute. $1 out of every $3 we pay gets either more than half. When I saw that arti- My heart goes out to them, and I know lost or stolen—lost or stolen. Even cle, I had to do a double-take. When I everyone stands ready to be by their after billions and billions and billions read that, I thought the report had to side. of dollars in funding, Iraqi society is be wrong. It had to be wrong. Coming I yield the floor. still dysfunctional. from the State of New Jersey, which The PRESIDING OFFICER. The Sen- American money went toward im- lost 700 people—700 of my fellow citi- ator from New Jersey. proving, for example, municipal water zens on that fateful day, and coming

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14779 from a nation that lost 3,000 fellow cancer research to crucial water re- tion’s exports through trade agree- Americans—to hear that we are going sources, the President has vetoed what ments. I have fought to break down to continue to pump money into this is most essential: our health, our safe- barriers that many other countries war, a blank check, unpaid for, but ty, and in essence, our liberty. He has have erected to block our exports and that we will not take care of our secu- repeatedly said it is all too expensive. to create unfair advantages. The fact is rity here at home, that had to be Meanwhile, he is requesting $200 billion that mutually beneficial trade agree- wrong. more to fight a war in Iraq that has ments serve to improve farm income His reported budget would slash fund- achieved nothing for any of us; that and create jobs here at home, and ing for police, firefighters, and rescue has ultimately seen the deaths of thou- American consumers receive benefits workers. It could mean fewer security sands of Americans and has left us as well, including lower prices and a guards at ports, less reliable detection more disliked around the world as a na- greater variety of goods. of explosives, and less training for se- tion than at any other point in recent I supported the fast track procedure curity personnel. Basically, it would history. He wants a blank check for in the 1988 Trade Act. I voted for the undermine the entire effort to prevent Iraq, but nothing for America. If he North American Free Trade Agreement terrorism that our Nation realized that submits a budget that cuts funding for and the Uruguay Round GATT Agree- September day, one of the most urgent counterterrorism, I think he will truly ment. However, trade agreements are challenges we have ever faced. Cutting be laying a final brick in the Depart- not only about commercial trans- counterterrorism funding is simply ment of Homeland Hypocrisy. actions. Trade agreements also have outrageous. In high school many of us read major environmental impacts, and Now I certainly hope the Congress is George Orwell’s book ‘‘1984,’’ which was they have major implications for the not going to stand for it, and the peo- about a nightmare world where words legal rights and working conditions of ple who live in those cities definitely mean the exact opposite of what they laborers. All of these factors must be will not stand for it. But is it necessary should mean. America is starting to carefully considered in determining to remind the President how important understand what the word ‘‘security’’ whether to support a given trade agree- it is to protect our homes and families means to the President. He apparently ment. from terrorist attacks? Do we have to thinks funding firefighters, police offi- Certainly, there are modest positives say that we must do everything within cers, and emergency responders is ex- in this Peru Free Trade Agreement. the bounds of possibility and the law to cessive, but he wants to spy on Ameri- The American Farm Bureau Federation prevent a terrorist attack from hap- cans without warrants, he wants to tap has estimated that the agreement pening again? And this suggestion that people’s phones without any oversight, would generate a net increase in U.S. we are ultimately spending our efforts he condones procedures even the U.S. agricultural exports of more than $700 and lives and national treasure there Army itself considers torture, he wants million annually once the agreement is so we don’t have to spend it here is a to throw people in jail without trials, fully implemented in 2025. I note, how- falsehood. That is a falsehood. and he basically ignores the most basic ever, that, in today’s dollars, that Is anyone here in America going to tenets of the justice system of the would represent only roughly one-half feel safer at the end of the day when United States since the Constitution of 1 percent of current U.S. agricul- counterterrorism funding is cut for came into effect in 1789. tural exports. their hometown security, which as we President Bush wants to cut funding In addition, this agreement would found out on that fateful day on Sep- to stop terrorism in order to fund a war level the playing field for the United tember 11 is how we responded—with that has created terrorists. We didn’t States vis-a` -vis other major agricul- local police, local firefighters, local have al-Qaida in Iraq before we invaded tural exporters in South America. Both emergency management? It was not Iraq. We have al-Qaida in Iraq after we Brazil and Argentina enjoy preferential the Federal Government but the local invaded Iraq. access into Peru’s markets because of public safety entities. Is that a risk America isn’t just ready to turn the Peru’s associate membership in President Bush wants to take, to cut page on this administration; we are Mercosur, and this FTA would make it what amounts to .06 percent of the ready for a whole new book. I hope, as easier for our products to compete with Federal budget, especially when the we move forward, we can get some of exports from Brazil and Argentina. war in Iraq has eaten up $455 billion these domestic priorities that the Na- However, I have always considered and counting; when the amount he tion wants to see. I cannot believe we these country-by-country trade deals wants to take away from police and would spend $200 billion for Iraq but to be far less than ideal. It would be far firefighters, the people who respond, not a fraction of that to be able to en- better to negotiate a successful global should, God forbid we have an attack, sure that millions of American chil- trade agreement under the auspices of is an amount we spend in Iraq every 5 dren can have health care. I cannot be- the World Trade Organization. days? The money we are talking about lieve we would spend $200 billion more Despite these modest benefits, I be- for protecting us here at home in for Iraq but not enough to handle po- lieve that, on balance, the Peru Free America is what we spend every 5 days lice, firefighters, and emergency man- Trade Agreement falls short. I am par- in Iraq. What are our values? What are agement in our communities across the ticularly concerned about the agree- our priorities, Mr. President? landscape of this country. I cannot ment’s deficiencies with regard to The President has requested $1 bil- imagine approving $200 billion for Iraq fighting child labor. lion for the Iraqi police, but he wants but not being able to deal with the al- As many of our colleagues know, I to cut funding for the community-ori- ternative minimum tax relief, a meas- have been working to reduce abusive ented policing program that fights ure Senator REID has tried to bring to and exploitative child labor around the crime in America’s communities. So he the floor. world for a decade and a half. I first in- will spend anything on the streets of On issue after issue, the obstruc- troduced a bill on this issue in 1992. Baghdad, but he suddenly thinks we tionism, the roadblocks, the coordina- Over the years, I have worked hard to should be stingy when it comes to secu- tion between the White House and our improve the labor provisions in various rity on the streets of our hometowns. colleagues here in the Senate to im- trade measures, concentrating particu- The President wants a blank check for pede the progress the American people larly on abusive and exploitative child Iraq, but nothing for America. want to see is incredible, as it is equal- labor. I believe strongly that trade That ties into what you have been ly incredible to continue this course by agreements should support and rein- seeing on the floor over the last several asking for a blank check for Iraq, but force existing international child-labor days. The reason we can’t get appro- nothing for America. standards, not undercut them. On this priations bills out is because Repub- f criterion, the Peru FTA falls short. licans object to the type of domestic According to the best estimates by priorities the American people elected PERU FREE TRADE AGREEMENT the International Labor Organization, a new majority to achieve. He wants a Mr. HARKIN. Mr. President, I am a ILO, there are at least 218 million child blank check for Iraq, but nothing for longtime supporter of policies designed laborers between the ages of 5 and 17 in America. From children’s health to to open foreign markets to our Na- today’s global economy. Of these 218

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14780 CONGRESSIONAL RECORD — SENATE December 5, 2007 million child laborers, more than 100 replaces GSP provisions in governing up the Peruvian economy. Abusive million have never seen the inside of a trade between our two countries, will child labor perpetuates the cycle of classroom. An estimated 126 million take us backward with respect to com- poverty across generations. No country children are working under the most bating abusive and exploitative child has achieved broad-based economic hazardous circumstances in mines, in labor. prosperity on the backs of working and fishing operations and on plantations. Under the current U.S. GSP provi- exploited children. These children are being robbed of sions, the President now must report Mr. President, I appreciate that im- their childhoods. Many are being de- to Congress annually regarding Peru’s provements were made to this agree- nied an education. They are deprived of child labor practices. Under GSP, if ment thanks to my Democratic col- any hope for a brighter future. In the Peru is not meeting the obligations leagues in the House. But this remains years ahead, they will grow up illit- that it undertook as a signatory to the a flawed agreement, one that we are erate and exploited, and this will cre- ILO Convention 182, if it is not acting not allowed to correct through amend- ate a wellspring of future social con- to eliminate the worst forms of child ments. I was eager to support an agree- flict and strife, and even terrorism. labor, then trade sanctions are imposed ment promoting freer trade with Peru, We have made progress in recent immediately to require enforcement in but I cannot support a flawed agree- years by increasing funds for programs Peru of internationally recognized ment that takes a step backward from to rehabilitate child laborers through standards. This protects children. It current law. our contribution to the ILO’s Inter- also ensures that our workers will not f national Program for the Elimination be subjected to unfair competition PASSAGE OF S. 1327 of Child Labor. In 2000, I successfully from abusive and exploitative labor amended the Trade and Development abroad. Unfortunately, under the Peru Mrs. FEINSTEIN. Mr. President, I Act with a provision directing that no Free Trade Agreement, trade sanctions rise today to welcome the passage of S. trade benefits under the Generalized are not automatic. 1327, which will reestablish temporary System of Preferences, GSP, will be I remind our colleagues that we judgeships where needed in the district granted to any country that does not voted 96 to 0 to include those protec- courts and extend other temporary live up to its commitments to elimi- tions, which I offered to GSP. It was a judgeships that are about to expire. The bill will reestablish a 10-year nate the worst forms of child labor. I Harkin-Helms amendment, and it re- temporary judgeship in the Eastern required that the President submit a ceived unanimous, bipartisan support. District of California, where it is sorely yearly report to Congress on the steps None of us wanted to have those child needed. It will also reestablish a tem- being taken by each GSP beneficiary labor protections undercut by our porary judgeship in Nebraska and ex- country to carry out its commitments trade negotiators in an agreement with tend the terms of existing temporary to end abusive and exploitative child Peru or any other country but that is judgeships in Hawaii, Kansas, and labor. exactly what has happened. Now, be- I want to explain clearly to my col- cause of fast-track rules which don’t Ohio. The Eastern District of California leagues what I mean when I refer to allow us to amend this legislation, we had a temporary judgeship from 1992 to abusive and exploitative child labor. I won’t even be able to vote to restore 2004. At the end of that period, the am not talking about children who the GSP protections in this agreement. caseload in the district was the second- work part time after school or on If we vote for this trade agreement, we highest in the Nation: 787 filings per weekends. There is nothing necessarily are voting to remove the protections judge. That was almost 50 percent more wrong with that. What I am referring that all of us who were here in 2000 than the national average. to is the definition set out by ILO Con- voted to put in place. Still, the temporary judgeship ex- vention 182 on the Worst Forms of On the matter of child labor, this pired in the fall of 2004 as required by Child Labor. This is not just a Western Peru Free Trade Agreement takes us in law. Since then the situation in the or a developed-world standard; it is a the wrong direction. Abusive and ex- Eastern District has grown even more global standard that has been ratified ploitative child labor is wrong as a dire. Average caseloads across the Na- by 163 countries. It was ratified by matter of principle. And it is also tion have declined, but in the Eastern Peru in 1999. The United States was the wrong as a practical matter. Our work- District they have increased by 18 per- third country in the world to ratify ers and our small businesses should not cent. this convention. have to compete with abused and ex- The most recent statistics show that It is true that we have made some ploited child laborers abroad. the Eastern District of California has modest progress in including labor pro- I am sorry to say that this is not an the highest caseload in the country: 927 tections in this Peru Free Trade Agree- academic or rhetorical issue in the filings per judge. That is twice as many ment. But we all know that labor pro- case of labor practices in Peru. Peru is cases as the national average. tections in trade agreements mean far from the worst Government, even It is no exaggeration to say that the nothing in the absence of political will in our hemisphere, when it comes to judges of the Eastern District are in to enforce them. I am also concerned meeting its international obligations desperate need of relief. They have con- that, on the very same day that the to protect children from abusive and tinued to serve with distinction in the deal to include new labor provisions in exploitative labor. I don’t mean to sin- face of the crushing caseloads. Two of the Peru FTA was announced, the gle out Peru. But there is broad agree- the court’s senior judges still carry full president of the U.S. Chamber of Com- ment among international observers— caseloads after taking senior status. merce said, ‘‘We are encouraged by as- including our own Department of Two other senior judges are also con- surances that the labor provisions can- Labor, the Department of State, tinuing to hear cases. not be read to require compliance with UNICEF and the International Labor In recent months, the caseload has ILO Conventions.’’ Clearly, this state- Organization—that the problem of abu- become even more crushing with the ment sends a powerful message that sive child labor persists in that coun- departure of chief judge David Levi. He the labor provisions in the Peru FTA try. As many as 1.9 million Peruvian stepped down from the bench after 17 should be ignored. children between the ages of 6 and 17 years of service to become the dean of Under the Peru deal, the only party are working rather than attending the Duke University School of Law. that can seek enforcement of labor vio- schools as they should. There are an es- It is clear that the Eastern District lations in Peru is the U.S. administra- timated 150,000 child laborers in the of California needs our help to ensure tion. There is no mechanism for an capital city of Lima alone. The Govern- that cases continue to be handled with outside party, such as a nongovern- ment of Peru may be seeking to reduce the care, attention, and promptness mental organization, to bring a com- the problem, as it should, but we that are essential to the fair adminis- plaint, as exists under the GSP. This should not be weakening our sole exist- tration of justice. Reestablishing the would actually take us, and the world, ing trade mechanism that allows us to expired temporary judgeship is one way a step backward when it comes to pro- monitor its progress. That is not the to help. tecting children. That is right. This way forward for free and fair trade. This bill is also a crucial first step free-trade agreement with Peru, which And it is certainly not the way to lift toward getting California all of the

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14781 judges it needs. According to the 2007 I believe every American should have United States Parcel Service, UPS, as recommendations of the Judicial Con- the opportunity to volunteer overseas a Pacific region manager. He has been ference of the United States, California and experience firsthand, like Claudia, at UPS since 1975, where he started as needs a total of 12 new judges—more how crucial this kind of assistance is a part-time loader. judges than are needed in any other to building meaningful personal under- The OCA was founded in 1973 to ad- State in the Nation. Four of those standing and international relation- vance the social, political, and eco- judges are needed in the Eastern Dis- ships as well as contributing to the de- nomic well-being of Asian Pacific trict. By adding a temporary judgeship velopment of nations. For this reason, Americans. With 50 chapters across the in the Eastern District, this bill will I introduced the Global Service Fellow- Nation, including one in Hawaii, OCA begin to meet that need. ship Act, S. 1464, which creates an helps citizens achieve their aspirations I am pleased to be a cosponsor of this international volunteer program de- and improve their lives. The organiza- bill and pleased that the Senate has signed to provide more opportunities tion also facilitates the development of passed it. for people-to-people engagement. The leadership and involvement in the com- f bill reduces two key barriers that munity. INTERNATIONAL VOLUNTEER DAY Americans face when volunteering The Asia Pacific American Corporate Achievement Award was given to Mr. FEINGOLD. Mr. President, today overseas—cost and time limitations. twelve individuals this year. This na- I am pleased to recognize the United First, the Global Service Fellowship tional program recognizes the achieve- Nations International Volunteer Day Act reduces financial barriers by ments of Asian Pacific Americans in for Economic and Social Development, awarding fellowships that can be ap- the corporate world, and their service IVD. I strongly support international plied towards airfare, housing, or pro- to the community. Those honored were volunteering because of the mutual gram costs, to name a few examples. personal and cultural benefits it yields By providing financial assistance, the nominated by their employers, and to both those who volunteer and those Global Service Fellowship Program then selected by a panel of judges. Ed is currently the UPS Hawaii Oper- who benefit from volunteer efforts. opens the door for every American to ations Manager and is responsible for Volunteering is one of the more mean- be a program participant—not just all UPS operations in Hawaii. Through- ingful ways for us to address very sig- those with the resources to pay for it. nificant needs and develop a common Second, this bill offers flexibility in out his time at UPS, Ed has served in understanding throughout our inter- the length of time for which an indi- various leadership positions and is now connected world. vidual can volunteer. I often hear from one of the highest ranking Asian Pa- Volunteering overseas regularly constituents who do not seek opportu- cific Americans at UPS. Ed not only changes perspectives for the better. My nities to participate in Federal volun- works hard at UPS, but also in the constituents often share their stories teer programs because they cannot community. He has participated in pro- about these international experiences, leave their jobs or family for years at grams such as Neighbor-to-Neighbor, and I am always pleased to hear them a time. The Global Service Fellowship Global Volunteer Week, and the United talk about how it broadened their un- Program provides a commonsense ap- Way campaign. derstanding and deepened their com- proach to the time constraints of many In addition to working hard and passion for other cultures. Today, some Americans who seek volunteer oppor- being involved in the community, Ed of the greatest threats to our national tunities by offering a timeframe that also supports fellow Asian Pacific security are based on, or feed upon, a works for them—from a month up to a American communities. He has served false impression of who the American year. in organizations such as the Honolulu people are and what we care about. To My bill would broaden the spectrum Japanese Chamber of Commerce, the reverse these erroneous impressions we of Federal volunteer opportunities al- Honolulu Chamber of Commerce, and need to share and make clear the quali- ready made available by our Govern- the Hong Kong Business Association. ties of empathy and kindness that are ment. Given the increasingly negative He helped found ‘‘A Safe Place,’’ an or- central to our heritage. American vol- perception of the United States over- ganization which works with children unteerism abroad is not only a simple seas, we need more support for inter- whose parents have been incarcerated. act of benevolence—an effort to im- national volunteerism now more than Ed is a hard-working individual, and I prove the lives of others—but it is also ever. My constituents who engage in wish him and his family a warm aloha one of our best resources to create such opportunities are proof of how we and best wishes.∑ greater, more meaningful interaction can both inform ourselves of the needs f and common points of reference and to and nature of our foreign neighbors and HALEIWA SUPER MARKET build strong relationships throughout also directly change attitudes about CENTENNIAL the world. the United States for the better. ∑ Claudia from Milwaukee wrote me For these reasons, today marks a Mr. AKAKA. Mr. President, I would recently about her first international special day for me and, in particular, like to take this opportunity to con- volunteer experience. She said, ‘‘I have for my constituents who have shared gratulate the Haleiwa Super Market of always had a desire to travel and ex- with me their stories of hope and ful- Haleiwa, HI, on celebrating its 100-year plore.... Most recently, I had the op- fillment from their international expe- anniversary. The store was opened by portunity to volunteer internationally riences. It is my wish that all of us will Kasaku Sakai, a Japanese plantation with Cross-Cultural Solutions in Lima, have these types of experiences and contract worker, and has since been Peru . . . which brought out every that this day will remind us of—and run by four generations of the Sakai emotion we have. While in Lima, I encourage us to participate in—the family. worked with the elderly of Villa El Sal- very meaningful opportunities and ben- Since opening in 1907, the store has vador, many of whom are abused, ne- efits offered by international volunteer expanded from a small grocery store to glected and in poor health. Villa El initiatives. a full service supermarket. The busi- Salvador, which is outside of Lima, is a ness has changed locations several f shantytown built on the sand dunes in times in order to accommodate the 1970. The warmth and love felt from the ADDITIONAL STATEMENTS store’s increasing size. It has provided people was unbelievable. I also had the the residents of Haleiwa town with an opportunity to participate in home vis- invaluable resource throughout its its. Seeing how people live with very TRIBUTE TO ED SHINODA many years. For example, during little, most with only one or two ∑ Mr. AKAKA. Mr. President, I would WWII, the store operated by credit, and rooms, many with dirt floors and some like to commend Ed Shinoda for re- its customers were not required to pay having no indoor plumbing, makes me ceiving the Organization of Chinese interest on their outstanding balances. realize that it’s not the possessions we Americans’, OCA, Asia Pacific Amer- Debts were often forgiven for families have in life but life itself.... We are ican Corporate Achievement Award. that were unable to pay. Now, both one world, one planet. We do need to October 19, 2007, he was recognized in tourists and locals stroll the aisles of share it as one.’’ Las Vegas, NV, for his work at the the Haleiwa Super Market for its fresh

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14782 CONGRESSIONAL RECORD — SENATE December 5, 2007 produce, fish, wines, and its line of September 7, 1938, he was invested with the At Manhattan, Brother Stephen was an im- Haleiwa Super Market logo items. religious habit and given the name Brother portant addition to the department of the- For 100 years, the Haleiwa store has Casimir Stephen. ology, still in the process of becoming an In those days, the year of novitiate in remained a family run business. Every- academic department with a qualified and Barrytown was followed by the scholasticate professionally active full-time faculty. one in the family has contributed to at De La Salle College in Washington in an Brother Stephen regularly attended the the business since the time they were extension program of The Catholic Univer- meetings of the Catholic Theological Society young. It is now operated by Robert sity. The scholasticate was supposed to con- and the College Theology Society for which and Roy Sakai. They credit the success tinue the spiritual formation begun in the he served as treasurer from 1960 to 1970. He of the company to their great employ- novitiate, while at the same time and often authored the article on merit for the New ees. more successfully, providing a solid aca- Catholic Encyclopedia and his collection of People continue to enjoy the Haleiwa demic grounding for future assignments to articles entitled Readings in Sacramental classroom teaching. Brother Stephen was Theology was published by Prentice-Hall. Super Market for its friendly employ- one of those chosen souls, lured by Brother Meanwhile Brother Abdon Lewis was nudg- ees and family atmosphere. Many peo- Charles Henry, into the major in Latin and ing Brother Stephen in the direction of ad- ple have helped to keep the market a Greek that was usually reserved for the in- ministration, at first having him assist in flourishing business, and although we tellectual elite. Brother Stephen did very the dean’s office, then urging Brother Greg- cannot name them all, we honor them well and graduated magna cum laude and ory to name him academic vice president through the celebration of the centen- Phi Beta Kappa. and later executive vice president and Pro- vost. Thus, Brother Stephen became a hands- nial anniversary. Without the support There was more to the scholasticate expe- rience than prayer and study; manual labor down choice to become president of the Col- and dedication of the owners, employ- and recreational activities provided human- lege when Brother Gregory Nugent resigned ees, and customers of the Haleiwa ity and balance. In the early 1940s, Brother in 1975. Super Market, the store could not have Abdon Lewis presided over the student tailor By that time, the student unrest of the survived these 100 years.∑ shop where Brother Stephen was assigned to late 1960s had pretty well quieted down, the cooperative program with the College of f the ironing board. Monastic silence was rare- ly observed and duels were fought, some- Mount St. Vincent was well underway, and (At the request of Mr. REID, the fol- times with words, sometimes with yard- Manhattan itself had officially gone coed, lowing statement was ordered to be sticks. In a student production of Shake- bringing and ever-increasing number of fe- printed in the RECORD.) speare’s Julius Caesar, Brother Stephen male students to the campus. In 1978, Broth- er Stephen presided over the celebration of REMEMBERING BROTHER J. played the cameo role of Cicero opposite Brother Leo Chorman’s Cassius. Although al- the College’s 125th anniversary that was fol- STEPHEN SULLIVAN ways willing to wax eloquent as occasion lowed in the next year by the construction of ∑ Mrs. CLINTON. Mr. President, on warranted, Brother Stephen never attained the Draddy Gymnasium. During his presi- January 9, 2007, Brother J. Stephen the oratorical eloquence for which the his- dency, programs for teaching the handi- capped were introduced, as well as an M.B.A. Sullivan, Manhattan College’s 17th torical Cicero has been known through the ages. Student athletics were also much in program and courses in professional ethics, president from 1975 to 1987, passed biotechnology and computer science. In 1979, away at the age of 86 in Lincroft, NJ. A vogue in those days, with organized leagues on Thursday afternoons and in the summers, he was awarded an honorary doctorate of noted teacher, scholar, theologian, and but Brother Stephen, like most of his fellow laws by La Salle College in Philadelphia. De- administrator, Brother Sullivan served Latin majors, such as Austin O’Malley, termined to keep the Brothers in the fore- Manhattan College tirelessly for more James Kaiser, Joseph Warganz and Luke front, he commissioned Fabian Zaccone to paint a new mural for the reredos in the Col- than a quarter century. A champion for Salm, never got beyond handball and an oc- lege chapel, which was renamed the Chapel casional try at the free-for-all version of bas- Catholic higher education, he was dedi- of De La Salle and his Brothers. He had the ketball known as horse-O. Leo Chorman was cated to establishing new programs, same painter do a mural for the president’s which enhanced the landscape of the an exception. After four years, the carefree student days, dining room depicting the successive Brother college. He is credited with fully imple- as all good things do, came to an end. In Sep- Presidents and their contributions to the menting the transformation of Man- tember 1943, Brother Stephen and his class- College. For the tercentenary of the Insti- hattan College into a coeducational in- mates set forth to face the challenges of the tute in 1980, he sponsored a series of lectures that were then published. In addition, he stitution and ensuring the integration classroom, extracurricular activities, grad- made arrangements to have the shrine of St. uate study and community life. For Brother of women into the entire curriculum. De La Salle in St. Patrick’s Cathedral re- Stephen, the venue was St. Peter’s in Staten The college had become coed just prior decorated to include the newly canonized Island, where he taught mostly Latin, his to Brother Sullivan’s move into the Brothers Miguel and Mutien-Marie. president’s office. Brother Sullivan major, but also, as needed, algebra, geom- Although Brother Stephen certainly en- etry, English, history and French. After touched and enriched the lives of so joyed being president, not all his record school and during summers, he pursued suc- breaking twelve years in that office were full many, and I am pleased to ask to have cessfully a master’s degree in Latin at Man- the below moving tribute to the life of sweetness and life. There were the inevi- hattan College under the direction of the rig- table conflicts with administrators and fac- and accomplishments of Brother Sul- orous and relentless Brother Alban Dooley. ulty, and some serious problems with a de- livan, written by Brother Luke Salm, In 1948, Brother Stephen was assigned to St. clining enrollment and consequent financial F.S.C., a longtime professor and trust- Mary’s in Waltham, Massachusetts, as teach- strain. He had always been close to his fam- ee of Manhattan College, printed in the er and sub-director of the community. He ily and in constant touch with his brother was, thus, able to be close to his family and CONGRESSIONAL RECORD. John, a Jesuit priest at Boston College, and The material follows. at the same time attend courses at Boston Sister Margaret de Sales, who was then prin- College, earning a second M.A., this time in cipal at Paramus Catholic High School. He THE LATE BROTHER J. STEPHEN SULLIVAN, philosophy. felt very deeply the deaths of his mother, his F.S.C., PRESIDENT, MANHATTAN COLLEGE, With such a strong background in classical older sister, and that of his brother John. In BRONX, NEW YORK languages and philosophy, in 1953 Brother 1980, Brother Stephen suffered the first of a ‘‘What is so rare as a day in June?’’ says Stephen was sent back to The Catholic Uni- series of heart attacks that eventually re- the poet. June 25, 1920 was a rare day, indeed, versity to study for the doctorate in sacred quired surgery. After having organized and that saw the birth of Jeremiah Thomas Sul- theology, a program only recently made financed the first session of the Buttimer In- livan to the delight of his parents, Bridget available to the Brothers. In addition to full- stitute of Lasallian Studies, it was a dis- Quirk and John Joseph Sullivan. The child time study, the assignment also involved appointment for him when the facilities of grew in wisdom, age and grace in a typical full-time teaching of the classics and the- the College proved inadequate and the pro- Irish Catholic family in the Boston suburbs, ology to the scholastics and, in due time, ad- gram was moved to California. Eventually it a family that would give to the Church not ministrative duties as pro-director and direc- became clear to Brother Stephen that he no only this Christian Brother but also a Jesuit tor of studies. One of his signature courses longer had the energy to complete his third priest and a Sister of Charity. In due time, was on God, One and Three, that earned for five-year term. On his retirement from office young Jeremiah attended the distinguished him the nickname ‘‘God.’’ When Brother in 1987, more than 600 guests gathered at a Boston Latin School, but after two years, Cornelius Luke, the Visitor General, heard of banquet in the Draddy Gymnasium to honor contact with the Brothers in nearby Wal- it, he was not amused. Writing under the in- his achievement. In that same year, the Col- tham was the instrument of Providence that spired direction of Father Eugene Burke, lege of Mount St. Vincent honored him with led him to heed the divine call to become a Brother Stephen successfully defended his the honorary doctorate in humane letters. disciple of St. John Baptist de La Salle. With thesis on what the Council of Trent had to After leaving Manhattan College, Brother joy and fervor he entered the junior class in say about grace and merit, was awarded the Stephen moved to Lincroft, where he took the Barrytown, New York, juniorate in 1936. STD degree in 1959, and then assigned to charge of the development office. He initi- The novitiate inevitably followed, where, on Manhattan College. ated an outreach program to the entire

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14783 Lasallian family, especially relatives of the Tooker’s work encounters in his or her chine Products employees received Brothers and former Brothers, based on the own life in the contemporary world. training through the program, and the concept of stewardship for the Lasallian tra- I commend Mr. George Tooker for his company hired 6 new employees who dition. ‘‘Associates in Stewardship’’ was a important contributions to American participated. constant theme in his quarterly publication art and congratulate him on receiving Through a second program, Maine called Lasallian Notes. He took special care to celebrate the lives of the deceased Broth- the National Medal of Arts. We in Machine Products gives scholarships to ers and to keep in contact with their fami- Vermont are proud of his accomplish- students who are enrolled in the Ma- lies, most notably through the annual Me- ment.∑ chine Tool Program at Central Maine morial Mass. Involved as he was in public re- f Community College based in Auburn. lations for the district, Brother Stephen Since its inception in 1974, Maine Ma- never lost his association with Manhattan RECOGNIZING MAINE MACHINE chine Products’ scholarship program College. He rarely missed a formal college PRODUCTS COMPANY has sponsored 47 scholarships. The pro- event, alumni gathering, funeral or social ∑ Ms. SNOWE. Mr. President, with tre- gram provides a work-study program occasion, traveling from Lincroft by hired mendous enthusiasm, I recognize to students who qualify, and—most fit- limo when he could no longer drive and serv- ing as a kind of informal public relations Maine Machine Products Company, a tingly—many graduates of the scholar- person for the College. When the strain of his phenomenal small business from my ship program are presently employed very active retirement proved to be too home State of Maine that manufac- at Maine Machine Products. much for his declining physical resources, he tures products for various hi-tech in- Maine Machine Products has filled a retired reluctantly but gracefully in 2004, at dustries. Because of its hard work and specific niche in the precision custom age 83, and took up residence in De La Salle dedication to leading its field, Maine manufacturing industry for over five Hall. There, he died peacefully on January 9, Machine Products was recognized with decades, and it continues to be a mar- 2007. the Maine Development Foundation’s ket leader. With measured expansion —Luke Salm, F.S.C.∑ Champion of Economic Development and sustained growth throughout the f Award at the Foundation’s annual years, Maine Machine Products has ex- meeting on October 5, 2007. celled in a highly technical and com- TRIBUTE TO GEORGE TOOKER Headquartered in South Paris, Maine petitive field. I wish everyone at Maine ∑ Mr. SANDERS. Mr. President, I wish Machine Products has a history replete Machine Products continued success to acknowledge the lifetime work of with innovation and success, and is a and growth in the years to come.∑ the artist George Tooker. Earlier this company highly deserving of such an f month, President Bush presented him aptly titled award. MESSAGES FROM THE PRESIDENT with the National Medal of Arts, our Founded in 1956 by Roland Sutton, Nation’s highest and most prestigious Maine Machine Products is a custom Messages from the President of the award for artistic excellence. precision manufacturer of components United States were communicated to George Tooker, born in New York and assemblies whose products are sent the Senate by Mrs. Neiman, one of his City, is a resident of Hartland, VT. to global high-technology markets in- secretaries. After studying English literature at cluding those serving the defense and f Harvard and then studying painting at aerospace, telecom and fiber optic, and EXECUTIVE MESSAGES REFERRED the Art Students League of New York, semiconductor markets. Located in a As in executive session the Presiding he found a world of modern possibili- temperature-controlled 75,000-square- Officer laid before the Senate messages ties in the medieval and Renaissance foot building in western Maine, Maine from the President of the United medium of egg tempera, helping to Machine Products employs roughly 150 States submitting sundry nominations begin a revitalization of that tech- highly skilled workers who consist- which were referred to the appropriate nique. The choice of egg tempera gave ently produce products of the finest committees. his paintings an archaic and other- quality for these vital industries. Al- (The nominations received today are worldly feel, creating wonderfully rich ways seeking to be on the cutting edge printed at the end of the Senate pro- juxtapositions as Tooker often used of technology, Maine Machine Products ceedings.) contemporary subjects and cir- earlier this year began working with f cumstances as the theme of his work. the Mazak Integrex e-Series, which is For instance, many of his paintings the most advanced multitasking ma- MESSAGES FROM THE HOUSE convey images of modernity and alien- chine in custom precision manufac- ation while using colors, surface fin- turing. The machine allows the com- ENROLLED BILL SIGNED ishes, and techniques that hearken pany to complete all operations, such back to the long tradition of art his- as turning, boring, and drilling, in a At 12:37 p.m., a message from the tory. But they do more, of course; the single setup, increasing productivity House of Representatives, delivered by reference to that long tradition of cul- and efficiency. Additionally, the firm Mr. Hanrahan, one of its reading ture foregrounds the current mani- has upgraded its Clean Room, where it clerks, announced that the Speaker has festations of that culture, which tests and finishes semiconductor equip- signed the following enrolled bill: George Tooker addresses as his subject. ment, by expanding it and making H.R. 1429. An act to reauthorize the Head Although some have seen elements of other improvements. Start Act, to improve program quality, to fantasy in his paintings, George More than merely adding to its exist- expand access, and for other purposes. Tooker has been explicit; he seeks not ing infrastructure, Maine Machine At 2:43 p.m., a message from the an escape into a dream world but, rath- Products has made significant con- House of Representatives, delivered by er, the creation of a new approach to tributions to both its employees and Mrs. Cole, one of its reading clerks, an- realism. ‘‘I am after painting reality the western Maine community. Two nounced that the House disagrees to impressed on the mind so hard that it programs, in particular, demonstrate the amendment of the Senate to the returns as a dream, but I am not after the attention that the company pays bill (H.R. 2082) to authorize appropria- painting dreams as such, or fantasy,’’ to its workers and aspiring manufac- tions for fiscal year 2008 for intel- he once said. turing personnel. First, Maine Machine ligence and intelligence-related activi- His haunting works often highlight Products makes use of the machine op- ties of the United States Government, the increased social isolation that has erators skills training grant, MOST, the Community Management Account, accompanied the pressures of mod- program, that assists firms with the and the Central Intelligence Agency ernization on everyday life. He deals training of their computer numerical Retirement and Disability System, and with society and its very real con- control, or CNC, operators. In addition, for other purposes; it agrees to the con- sequences; although many of his paint- the program attempts to fill open CNC ference asked by the Senate on the dis- ings retain a magical and stylized feel, positions with nontraditional workers agreeing votes of the two Houses there- at their heart are images that have the by training individuals and matching on, and appoints the following Mem- capacity to reveal and reflect many of them with employers. In MOST’s inau- bers as managers of the conference on the deepest feelings each viewer of gural season, 52 incumbent Maine Ma- the part of the House:

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14784 CONGRESSIONAL RECORD — SENATE December 5, 2007 From the Permanent Select Com- From the Committee on Armed Serv- ference: Mr. WAXMAN, Mr. TOWNS, and mittee on Intelligence, for consider- ices, for consideration of the House bill Mr. DAVIS of Virginia. ation of the House bill and the Senate and the Senate amendment, and modi- From the Committee on Science and amendment, and modifications com- fications committed to conference: Technology, for consideration of sec- mitted to conference: Messrs. REYES, Messrs. SKELTON, SPRATT, ORTIZ, TAY- tions 846, 1085, and 1088 of the Senate HASTINGS of Florida, BOSWELL, LOR, ABERCROMBIE, REYES, SNYDER, amendment, and modifications com- CRAMER, Ms. ESHOO, Messrs. HOLT, SMITH of Washington, Ms. LORETTA mitted to conference: Mr. GORDON of RUPPERSBERGER, TIERNEY, THOMPSON of SANCHEZ of California, Mr. MCINTYRE, Tennessee, Ms. GIFFORDS, and Mr. California, Ms. SCHAKOWSKY, Messrs. Mrs. TAUSCHER, Messrs. BRADY of Penn- EHLERS. LANGEVIN, PATRICK J. MURPHY of Penn- sylvania, ANDREWS, Mrs. DAVIS of Cali- From the Committee on Small Busi- sylvania, HOEKSTRA, EVERETT, GALLE- fornia, Messrs. LARSEN of Washington, ness, for consideration of sections 828, GLY, Mrs. WILSON of New Mexico, COOPER, MARSHALL, Ms. BORDALLO, 1085, 1088, 4001, 4002, 4101–4103, 4201–4203, Messrs. THORNBERRY, MCHUGH, TIAHRT, Messrs. UDALL of Colorado, HUNTER, and 4301–4305 of the Senate amendment, ROGERS of Michigan, and ISSA. SAXTON, MCHUGH, EVERETT, BARTLETT and modifications committed to con- From the Committee on Armed Serv- of Maryland, MCKEON, THORNBERRY, ference: Ms. VELA´ ZQUEZ, Mr. ALTMIRE, ices, for consideration of defense tac- JONES of North Carolina, HAYES, AKIN, and Mr. CHABOT. tical intelligence and related activi- FORBES, WILSON of South Carolina, From the Committee on Transpor- ties: Messrs. SKELTON, SPRATT, and TURNER, KLINE of Minnesota, and Mrs. tation and Infrastructure, for consider- HUNTER. DRAKE. ation of sections 523 and 1048 of the The message also announced that the From the Permanent Select Com- House bill, and sections 311–313, 353, House agrees to the amendment of the mittee on Intelligence, for consider- 1070, 2853, 2855, 2863, 5101, 5202, and 5208 Senate to the bill (H.R. 710) to amend ation of matters within the jurisdic- the National Organ Transplant Act to of the Senate amendment, and modi- tion of that committee under clause 11 provide that criminal penalties do not fications committed to conference: Mr. of rule X: Mr. BOSWELL, Mr. PATRICK J. apply to paired donations of human OBERSTAR, Mr. COSTELLO, and Mr. MURPHY of Pennsylvania, and Mr. kidneys, and for other purposes; with GRAVES. HOEKSTRA. an amendment, in which it requests From the Committee on Veterans Af- From the Committee on Education the concurrence of the Senate. fairs, for consideration of sections 525, The message further announced that and Labor, for consideration of sec- 1421, 1433, and 1453 of the House bill, the House has passed the following tions 561, 562, 675, 953, and 3118 of the and sections 701, 710, 1084, 1611, 1612, bills, in which it requests the concur- House bill, and sections 561, 562, 564, 1621, 1626, 1634, 1641, 1654, 1662, and 1702– rence of the Senate: 565, and 3137 of the Senate amendment, 1712 of the Senate amendment, and and modifications committed to con- H.R. 1662. An act to authorize the Sec- modifications committed to con- retary of the Interior to seek limited reim- ference: Mr. GEORGE MILLER of Cali- ference: Mr. FILNER, Mr. MICHAUD, and bursement for site security activities, and fornia, Mr. COURTNEY, and Mr. Mr. BUYER. for other purposes. WALBERG. From the Committee on Ways and H.R. 2246. To provide for the release of any From the Committee on Energy and Means, for consideration of section 536 reversionary interest of the United States in Commerce, for consideration of sec- of the Senate amendment, and modi- and to certain lands in Reno, Nevada. tions 311–313 and 1082 of the Senate H.R. 3887. An act to authorize appropria- fications committed to conference: Mr. tions for fiscal years 2008 through 2011 for the amendment, and modifications com- RANGEL, Mr. STARK, and Mr. CAMP of Trafficking Victims Protection Act of 2000, mitted to conference: Mr. DINGELL, Mr. Michigan. to enhance measures to combat trafficking WYNN, and Mr. BARTON of Texas. in persons, and for other persons. From the Committee on Foreign Af- At 6:12 p.m., a message from the H.R. 3998. An act to authorize the Sec- fairs, for consideration of sections 831, House of Representatives, delivered by retary of the Interior to conduct special re- 833, 1022, 1201, 1203, 1204, 1206–1208, 1221, Mr. Hanrahan, one of its reading sources studies of certain lands and struc- 1222, 1231, 1241, 1242, title XIII, and sec- tures to determine the appropriate means for clerks, announced that the House has preservation, use, and management of the re- tion 3117 of the House bill, and sections passed the following bill, in which it sources associated with such lands and struc- 871, 934, 1011, 1201–1203, 1205, 1211, 1212, requests the concurrence of the Senate: tures. 1214, 1215, 1217, 1219, 1232, title XIII, sec- H.R. 2517. An act to amend the Missing H.R. 4118. An act to exclude from gross in- tions 1511, 1512, 1532, 1533, 1539–1542, Children’s Assistance Act to authorize ap- come payments from the Hokie Spirit Memo- 1571, 1574–1576, 1579, 3134, and 3139 of the propriations; and for other purposes. rial Fund to the victims of the tragic event Senate amendment, and modifications at Virginia Polytechnic Institute & State f committed to conference: Mr. LANTOS, University. Mr. ACKERMAN, and Ms. ROS-LEHTINEN. MEASURES REFERRED At 3:42 p.m., a message from the From the Committee on Homeland The following bills were read the first House of Representatives, delivered by Security, for consideration of section and the second times by unanimous Mrs. Cole, one of its reading clerks, an- 1076 of the Senate amendment, and consent, and referred as indicated: modifications committed to con- nounced that the House has passed the H.R. 1662. An act to authorize the Sec- following bill, with an amendment, in ference: Mr. THOMPSON of Mississippi, retary of the Interior to seek limited reim- which it requests the concurrence of Mr. CARNEY, and Mr. DANIEL E. LUN- bursement for site security activities, and the Senate: GREN of California. for other purposes; to the Committee on En- S. 2371. An act to amend the Higher Edu- From the Committee on the Judici- ergy and Natural Resources. cation Act of 1965 to make technical correc- ary, for consideration of sections 582, H.R. 2246. An act to provide for the release tions. 672, 673, and 850 of the House bill, and of any reversionary interest of the United The message also announced that the sections 824, 1023, 1024, 1078, 1087, 1571– States in and to certain lands in Reno, Ne- House disagrees to the amendment of 1574, 1576, 1577, 1579, and title LII of the vada; to the Committee on Energy and Nat- ural Resources. the Senate to the bill (H.R. 1585) to au- Senate amendment, and modifications H.R. 3887. An act to authorize appropria- thorize appropriations for fiscal year committed to conference: Mr. CONYERS, tions for fiscal years 2008 through 2011 for the 2008 for military activities of the De- Mr. BERMAN, and Mr. SMITH of Texas. Trafficking Victims Protection Act of 2000, partment of Defense, for military con- From the Committee on Oversight to enhance measures to combat trafficking struction, and for defense activities of and Government Reform, for consider- in persons, and for other purposes; to the the Department of Energy, to prescribe ation of sections 325, 326, 328–330, 604, Committee on the Judiciary. military personnel strengths for such 653, 674, 801, 802, 814, 815, 821–824, 1101– H.R. 3998. An act to authorize the Sec- fiscal year, and for other purposes; it 1112, 1221, 1231, and 1451 of the House retary of the Interior to conduct special re- agrees to the conference asked by the bill, and sections 366–370, 603, 684, 821, sources studies of certain lands and struc- tures to determine the appropriate means for Senate on the disagreeing votes of the 823, 842, 845, 846, 871, 902, 937, 1064, 1069, preservation, use, and management of the re- two Houses thereon, and appoints the 1074, 1093, 1101–1106, 1108, 1540, 1542, and sources associated with such lands and struc- following Members as managers of the 2851 of the Senate amendment, and tures; to the Committee on Energy and Nat- conference on the part of the House: modifications committed to con- ural Resources.

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14785 MEASURES READ THE FIRST TIME EC–4090. A communication from the Assist- EC–4101. A communication from the Chair- man, Railroad Retirement Board, transmit- The following bill was read the first ant Secretary, Office of Legislative Affairs, Department of State, transmitting, pursuant ting, pursuant to law, the Semiannual Re- time: to law, the certification of a proposed license port of the Inspector General for the period S. 2416. A bill to amend the Internal Rev- for the export of defense articles relative to of April 1, 2007, through September 30, 2007; enue Code of 1986 to repeal the alternative a commercial communications satellite; to to the Committee on Homeland Security and minimum tax on individuals and replace it the Committee on Foreign Relations. Governmental Affairs. with an alternative tax individuals may EC–4091. A communication from the Sec- EC–4102. A communication from the Direc- choose. retary of Health and Human Services, trans- tor, Institute of Museum and Library Serv- f mitting, pursuant to law, the report of a pe- ices, transmitting, pursuant to law, the tition that was filed on behalf of workers agency’s Performance and Accountability EXECUTIVE AND OTHER from the Nuclear Materials and Equipment Report for fiscal year 2007; to the Committee COMMUNICATIONS Corporation in Apollo, Pennsylvania, to be on Homeland Security and Governmental Af- added to the Special Exposure Cohort; to the fairs. The following communications were EC–4103. A communication from the Chair- laid before the Senate, together with Committee on Health, Education, Labor, and Pensions. man and Chief Executive Officer, Farm Cred- accompanying papers, reports, and doc- EC–4092. A communication from the Assist- it Administration, transmitting, pursuant to uments, and were referred as indicated: ant Secretary, Employee Benefits Security law, the Semiannual Report of the Adminis- EC–4082. A communication from the Assist- Administration, Department of Labor, trans- tration’s Inspector General for the period of ant Secretary, Office of Legislative Affairs, mitting, pursuant to law, the report of a rule April 1, 2007, through September 30, 2007; to Department of State, transmitting, pursuant entitled ‘‘Annual Reporting and Disclosure’’ the Committee on Homeland Security and to law, a report relative to U.S. military per- (RIN1210–AB06) received on November 20, Governmental Affairs. sonnel and civilian contractors involved in 2007; to the Committee on Health, Education, EC–4104. A communication from the Attor- the anti-narcotics campaign in Colombia; to Labor, and Pensions. ney General, transmitting, pursuant to law, the Committee on Foreign Relations. EC–4093. A communication from the Direc- the Department’s Performance and Account- EC–4083. A communication from the Assist- tor, Regulations Policy and Management ability Report for fiscal year 2007; to the ant Legal Adviser for Treaty Affairs, Depart- Staff, Department of Health and Human Committee on Homeland Security and Gov- ment of State, transmitting, pursuant to the Services, transmitting, pursuant to law, the ernmental Affairs. EC–4105. A communication from the Acting Case-Zablocki Act, 1 U.S.C. 112b, as amended, report of a rule entitled ‘‘Applications for Director, U.S. Trade and Development Agen- the report of the texts and background state- Food and Drug Administration Application cy, transmitting, pursuant to law, the Agen- ments of international agreements, other Approval to Market a New Drug; Revision of cy’s Performance and Accountability Report than treaties (List 2007–235—2007–264); to the Postmarketing Reporting Requirements’’ for fiscal year 2007; to the Committee on Committee on Foreign Relations. (Docket No. 2000N–1545) received on Novem- Homeland Security and Governmental Af- EC–4084. A communication from the Assist- ber 20, 2007; to the Committee on Health, ant Secretary, Office of Legislative Affairs, fairs. Education, Labor, and Pensions. EC–4106. A communication from the Chief Department of State, transmitting, pursuant EC–4094. A communication from the Direc- Acquisition Officer, General Services Admin- to law, the certification of a proposed agree- tor, Regulations Policy and Management istration, Department of Defense, transmit- ment for the export of defense articles to the Staff, Department of Health and Human ting, pursuant to law, the report of a rule en- United Kingdom to support the maintenance, Services, transmitting, pursuant to law, the titled ‘‘Federal Acquisition Regulation; Fed- repair and modification services for the C– report of a rule entitled ‘‘Medical Devices; eral Acquisition Circular 2005–21’’ (FAC 2005– 130J and C–130K Aircraft; to the Committee General Hospital and Personal Use Devices; 21) received on November 16, 2007; to the on Foreign Relations. Classification of Remote Medication Man- Committee on Homeland Security and Gov- EC–4085. A communication from the Assist- agement System’’ (Docket No. 2007N–0328) re- ernmental Affairs. ant Secretary, Office of Legislative Affairs, ceived on November 20, 2007; to the Com- EC–4107. A communication from the Archi- Department of State, transmitting, pursuant mittee on Health, Education, Labor, and vist of the United States, transmitting, pur- to law, the certification of a proposed Pensions. suant to law, the Organization’s Perform- amendment to a manufacturing agreement EC–4095. A communication from the White ance and Accountability Report for fiscal relative to the export of defense services to House Liaison, Department of Health and year 2007; to the Committee on Homeland Se- Russia for the RD–180 Liquid Propellant Human Services, transmitting, pursuant to curity and Governmental Affairs. Rocket Engine Program; to the Committee law, the report of a vacancy, nomination, EC–4108. A communication from the Execu- on Foreign Relations. and designation of an acting officer for the tive Director, Federal Retirement Thrift In- EC–4086. A communication from the Assist- position of Assistant Secretary for Public vestment Board, transmitting, pursuant to ant Secretary, Office of Legislative Affairs, Affairs, received on November 20, 2007; to the law, the eight audit reports issued during fis- Department of State, transmitting, pursuant Committee on Health, Education, Labor, and cal year 2007 relative to the Agency and the to law, the certification of a proposed agree- Pensions. Thrift Savings Plan; to the Committee on ment for the export of defense services to EC–4096. A communication from the White Homeland Security and Governmental Af- Saudi Arabia for the operation and mainte- House Liaison, Department of Health and fairs. nance of the Saudi Air Defense Forces HAWK Human Services, transmitting, pursuant to EC–4109. A communication from the Sec- and PATRIOT Air Defense Missile Systems; law, the report of action on a nomination for retary of Labor, transmitting, pursuant to to the Committee on Foreign Relations. the position of Deputy Secretary, received law, the Department’s Semiannual Report of EC–4087. A communication from the Assist- on November 20, 2007; to the Committee on the Inspector General for the period of April ant Secretary, Office of Legislative Affairs, Health, Education, Labor, and Pensions. 1, 2007, through September 30, 2007; to the Department of State, transmitting, pursuant EC–4097. A communication from the Direc- Committee on Homeland Security and Gov- to law, the certification of a proposed manu- tor of the Peace Corps, transmitting, pursu- ernmental Affairs. facturing license agreement involving the ant to law, the Corps’ Performance and Ac- EC–4110. A communication from the Direc- export of technical data to France for the countability Report for fiscal year 2007; to tor, Center for Pay and Leave Administra- initial development and subsequent manu- the Committee on Homeland Security and tion, Office of Personnel Management, trans- facture of Complimentary Metal Oxide Semi- Governmental Affairs. mitting, pursuant to law, the report of a rule conductor Application Specific Integrated EC–4098. A communication from the Direc- entitled ‘‘Recruitment, Relocation, and Re- Circuits; to the Committee on Foreign Rela- tor, Office of Personnel Management, trans- tention Incentives’’ (RIN3206–AK81) received tions. mitting, pursuant to law, the Semiannual on November 30, 2007; to the Committee on EC–4088. A communication from the Assist- Report of the Inspector General for the pe- Homeland Security and Governmental Af- ant Secretary, Office of Legislative Affairs, riod of April 1, 2007, to September 30, 2007; to fairs. Department of State, transmitting, pursuant the Committee on Homeland Security and EC–4111. A communication from the Staff to law, the certification of a proposed agree- Governmental Affairs. Director, U.S. Commission on Civil Rights, ment for the export of defense articles to EC–4099. A communication from the Sec- transmitting, pursuant to law, the Commis- Israel for the manufacture of certain Alter- retary of Homeland Security, transmitting, sion’s Performance and Accountability Re- nate Mission Equipment; to the Committee pursuant to law, the Department’s annual fi- port for fiscal year 2007; to the Committee on on Foreign Relations. nancial report for fiscal year 2007; to the Homeland Security and Governmental Af- EC–4089. A communication from the Assist- Committee on Homeland Security and Gov- fairs. ant Secretary, Office of Legislative Affairs, ernmental Affairs. EC–4112. A communication from the Chair- Department of State, transmitting, pursuant EC–4100. A communication from the Acting man, Broadcasting Board of Governors, to law, the certification of a proposed license Secretary of Veterans Affairs, transmitting, transmitting, pursuant to law, the Board’s for the export of two commercial commu- pursuant to law, the semiannual report of Performance and Accountability Report for nications satellites to international waters the Inspector General for the period of April fiscal year 2007; to the Committee on Home- for launch under the Sea Launch program or 1, 2007, through September 30, 2007; to the land Security and Governmental Affairs. to Russia and Kazakhstan for launch; to the Committee on Homeland Security and Gov- EC–4113. A communication from the Chair- Committee on Foreign Relations. ernmental Affairs. man, Board of Governors, Federal Reserve

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14786 CONGRESSIONAL RECORD — SENATE December 5, 2007 System, transmitting, pursuant to law, the Persons Act; to the Committee on the Judi- guage or other content from exhibits and Semiannual Report of the Board’s Inspector ciary. materials relating to the Capitol Visitor General for the six-month period ending Sep- EC–4126. A communication from the Direc- Center on the grounds that the language or tember 30, 2007; to the Committee on Home- tor of Regulations Management, Department content includes a religious reference or land Security and Governmental Affairs. of Veterans Affairs, transmitting, pursuant Judeo-Christian content; to the Committee EC–4114. A communication from the Direc- to law, the report of a rule entitled ‘‘Trans- on Rules and Administration. tor, Office of Personnel Management, trans- fer of Duties of Former VA Board of Con- By Mr. KYL (for himself and Mr. mitting, pursuant to law, a report entitled tract Appeals’’ (RIN2900–AM73) received on SUNUNU): ‘‘Employment of Veterans in the Federal November 20, 2007; to the Committee on Vet- S. 2410. A bill to require the Federal Com- Government—Fiscal Year 2006’’; to the Com- erans’ Affairs. munications Commission to either grant or mittee on Homeland Security and Govern- deny a Petition for Reconsideration within 1 f mental Affairs. year after such Petition is first submitted; EC–4115. A communication from the Sec- REPORTS OF COMMITTEES to the Committee on Commerce, Science, retary of Energy, transmitting, pursuant to and Transportation. law, the Semiannual Report of the Depart- The following reports of committees By Mr. WYDEN (for himself and Mr. ment’s Inspector General for the period of were submitted: OBAMA): April 1, 2007, through September 30, 2007; to By Mr. INOUYE, from the Committee on S. 2411. A bill to require the establishment the Committee on Homeland Security and Commerce, Science, and Transportation, of a credit card safety star rating system for Governmental Affairs. with an amendment in the nature of a sub- the benefit of consumers, and for other pur- EC–4116. A communication from the Chair- stitute: poses; to the Committee on Banking, Hous- man, Federal Trade Commission, transmit- S. 704. A bill to amend the Communica- ing, and Urban Affairs. ting, pursuant to law, the Semiannual Re- tions Act of 1934 to prohibit manipulation of By Mr. FEINGOLD (for himself, Ms. port of the Commission’s Inspector General caller identification information (Rept. No. COLLINS, Mr. OBAMA, Mr. DURBIN, for the period of April 1, 2007, through Sep- 110–234). Mrs. CLINTON, Mr. BIDEN, Mr. DODD, tember 30, 2007; to the Committee on Home- By Mr. INOUYE, from the Committee on and Mr. KERRY): S. 2412. A bill to amend the Internal Rev- land Security and Governmental Affairs. Commerce, Science, and Transportation, enue Code of 1986 to reform the system of EC–4117. A communication from the Sec- with amendments: public financing for Presidential elections, retary of Transportation, transmitting, pur- S. 1178. A bill to strengthen data protec- and for other purposes; to the Committee on suant to law, the Department’s Performance tion and safeguards, require data breach no- Finance. and Accountability Report for fiscal year tification, and further prevent identity theft By Mr. ENZI (for himself and Mrs. 2007; to the Committee on Homeland Secu- (Rept. No. 110–235). FEINSTEIN): rity and Governmental Affairs. By Mr. INOUYE, from the Committee on EC–4118. A communication from the Chair- S. 2413. A bill to provide death and dis- Commerce, Science, and Transportation, ability benefits for aerial firefighters who man, Board of Governors, U.S. Postal Serv- without amendment: ice, transmitting, pursuant to law, the Semi- work on a contract basis for a public agency S. 1780. A bill to require the FCC, in enforc- and suffer death or disability in the line of annual Report of the Service’s Inspector ing its regulations concerning the broadcast duty, and for other purposes; to the Com- General for the period of April 1, 2007, of indecent programming, to maintain a pol- mittee on the Judiciary. through September 30, 2007; to the Com- icy that a single word or image may be con- By Mr. ENSIGN (for himself, Mr. mittee on Homeland Security and Govern- sidered indecent (Rept. No. 110–236). GREGG, Mr. COBURN, Mr. GRAHAM, Mr. mental Affairs. By Mr. KENNEDY, from the Committee on CORKER, Mr. DEMINT, Mr. BUNNING, EC–4119. A communication from the Spe- Health, Education, Labor, and Pensions, cial Counsel, transmitting, pursuant to law, and Mr. ENZI): with an amendment in the nature of a sub- S. 2414. A bill to amend title XVIII of the the Office’s Performance and Accountability stitute: Social Security Act to require wealthy bene- Report for fiscal year 2007; to the Committee S. 1858. A bill to amend the Public Health ficiaries to pay a greater share of their pre- on Homeland Security and Governmental Af- Service Act to establish grant programs to miums under the Medicare prescription drug fairs. provide for education and outreach on new- program; to the Committee on Finance. EC–4120. A communication from the Presi- born screening and coordinated followup care By Mr. REID (for Mrs. CLINTON): dent of the United States, transmitting, pur- once newborn screening has been conducted, S. 2415. A bill to require the President and suant to law, an alternative plan for locality to reauthorize programs under part A of title the Office of the Global AIDS Coordinator to pay increases payable to civilian Federal em- XI of such Act , and for other purposes. establish a comprehensive and integrated ployees covered by the General Schedule; to By Mr. INOUYE, from the Committee on HIV prevention strategy to address the the Committee on Homeland Security and Commerce, Science, and Transportation, vulnerabilities of women and girls in coun- Governmental Affairs. with an amendment in the nature of a sub- tries for which the United States provides EC–4121. A communication from the Board stitute: assistance to combat HIV/AIDS, and for Members, Railroad Retirement Board, trans- S. 2045. A bill to reform the Consumer other purposes; to the Committee on Foreign mitting, pursuant to law, the Board’s Per- Product Safety Commission to provide Relations. formance and Accountability Report for fis- greater protection for children’s products, to By Mr. DEMINT: cal year 2007; to the Committee on Homeland improve the screening of noncompliant con- S. 2416. A bill to amend the Internal Rev- Security and Governmental Affairs. sumer products, to improve the effectiveness enue Code of 1986 to repeal the alternative EC–4122. A communication from the White of consumer product recall programs, and for minimum tax on individuals and replace it House Liaison, Department of Justice, trans- other purposes. with an alternative tax individuals may mitting, pursuant to law, the report of a va- choose; read the first time. cancy and designation of an acting officer for f By Mr. BROWNBACK (for himself and the position of United States Attorney for Mr. BYRD): the Middle District of Pennsylvania, re- INTRODUCTION OF BILLS AND JOINT RESOLUTIONS S. 2417. A bill to amend title 31, United ceived on November 16, 2007; to the Com- States Code, to require the inscription ‘‘In mittee on the Judiciary. The following bills and joint resolu- God We Trust’’ to appear on a face of the $1 EC–4123. A communication from the White tions were introduced, read the first coins honoring each of the Presidents of the House Liaison, Department of Veterans Af- and second times by unanimous con- United States; to the Committee on Bank- fairs, transmitting, pursuant to law, the re- sent, and referred as indicated: ing, Housing, and Urban Affairs. port of action on a nomination for the posi- By Mr. CASEY (for himself, Mr. GRASS- tion of General Counsel, received on Novem- By Mr. KERRY (for himself, Mr. EN- LEY, and Mrs. FEINSTEIN): ber 16, 2007; to the Committee on Veterans’ SIGN, Ms. STABENOW, and Mr. MAR- S. 2418. A bill to ensure the safety of im- Affairs. TINEZ): ported food products for the citizens of the EC–4124. A communication from the White S. 2408. A bill to amend title XVIII of the United States, and for other purposes; to the House Liaison, Department of Justice, trans- Social Security Act to require physician uti- Committee on Agriculture, Nutrition, and mitting, pursuant to law, the report of a lization of the Medicare electronic prescrip- Forestry. tion drug program; to the Committee on Fi- change in previously submitted reported in- f formation and discontinuation of service in nance. an acting role for the position of United By Mr. DEMINT (for himself, Mr. ENZI, SUBMISSION OF CONCURRENT AND States Attorney, received on November 20, and Mr. VITTER): SENATE RESOLUTIONS 2007; to the Committee on the Judiciary. S. 2409. A bill to direct the Architect of the The following concurrent resolutions EC–4125. A communication from the Prin- Capitol to ensure that the Pledge of Alle- cipal Deputy Assistant Attorney General, Of- giance to the Flag and the national motto and Senate resolutions were read, and fice of Legislative Affairs, Department of ‘‘In God We Trust’’ are each displayed promi- referred (or acted upon), as indicated: Justice, transmitting, pursuant to law, a re- nently in the Capitol Visitor Center on a per- By Mr. CRAPO (for himself, Mrs. CLIN- port relative to the Department’s activities manent basis and to prohibit the Architect TON, Mr. LIEBERMAN, Ms. MURKOWSKI, under the Civil Rights of Institutionalized from removing or refusing to include lan- and Mr. BIDEN):

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14787 S. Res. 388. A resolution designating the next generation of parental control in credit card accounts, and for other week of February 4 through February 8, 2008, technology. purposes. as ‘‘National Teen Dating Violence Aware- S. 661 S. 1430 ness and Prevention Week’’; to the Com- mittee on the Judiciary. At the request of Mr. AKAKA, his At the request of Mr. BROWNBACK, the By Mr. ALLARD (for himself, Mr. name was added as a cosponsor of S. names of the Senator from Kansas (Mr. SALAZAR, Mr. TESTER, Mr. ISAKSON, 661, a bill to establish kinship navi- ROBERTS) and the Senator from North Ms. COLLINS, Mrs. HUTCHISON, Mr. gator programs, to establish guardian- Carolina (Mrs. DOLE) were added as co- COCHRAN, Mr. HAGEL, Mr. CONRAD, ship assistance payments for children, sponsors of S. 1430, a bill to authorize Mr. DORGAN, Mr. DOMENICI, Mr. and for other purposes. State and local governments to direct HATCH, Mr. CHAMBLISS, Mr. INHOFE, S. 694 divestiture from, and prevent invest- and Mrs. FEINSTEIN): ment in, companies with investments S. Res. 389. A resolution commemorating At the request of Mrs. MCCASKILL, the 25th Anniversary of the United States her name was added as a cosponsor of of $20,000,000 or more in Iran’s energy Air Force Space Command headquartered at S. 694, a bill to direct the Secretary of sector, and for other purposes. Peterson Air Force Base, Colorado; to the Transportation to issue regulations to S. 1512 Committee on Armed Services. reduce the incidence of child injury At the request of Mrs. BOXER, the f and death occurring inside or outside name of the Senator from Michigan of light motor vehicles, and for other (Ms. STABENOW) was added as a cospon- ADDITIONAL COSPONSORS purposes. sor of S. 1512, a bill to amend part E of S. 65 S. 814 title IV of the Social Security Act to At the request of Mr. INHOFE, the At the request of Mr. SPECTER, the expand Federal eligibility for children name of the Senator from Oregon (Mr. name of the Senator from Florida (Mr. in foster care who have attained age 18. WYDEN) was added as a cosponsor of S. MARTINEZ) was added as a cosponsor of S. 1551 65, a bill to modify the age-60 standard S. 814, a bill to amend the Internal At the request of Mr. BROWN, the for certain pilots and for other pur- Revenue Code of 1986 to allow the de- name of the Senator from New Jersey poses. duction of attorney-advanced expenses (Mr. LAUTENBERG) was added as a co- S. 400 and court costs in contingency fee sponsor of S. 1551, a bill to amend the At the request of Mr. SUNUNU, the cases. Public Health Service Act with respect to making progress toward the goal of name of the Senator from Maine (Ms. S. 827 eliminating tuberculosis, and for other SNOWE) was added as a cosponsor of S. At the request of Mr. KERRY, the purposes. 400, a bill to amend the Employee Re- name of the Senator from New Hamp- S. 1731 tirement Income Security Act of 1974 shire (Mr. SUNUNU) was added as a co- and the Internal Revenue Code of 1986 sponsor of S. 827, a bill to establish the At the request of Mr. CORNYN, the to ensure that dependent students who Freedom’s Way National Heritage Area name of the Senator from Texas (Mrs. take a medically necessary leave of ab- in the States of Massachusetts and HUTCHISON) was added as a cosponsor of sence do not lose health insurance cov- New Hampshire, and for other pur- S. 1731, a bill to provide for the con- erage, and for other purposes. poses. tinuing review of unauthorized Federal programs and agencies and to establish S. 453 S. 884 a bipartisan commission for the pur- At the request of Mr. LAUTENBERG, At the request of Mr. DURBIN, the poses of improving oversight and elimi- his name was added as a cosponsor of name of the Senator from North Da- nating wasteful Government spending. S. 453, a bill to prohibit deceptive prac- kota (Mr. CONRAD) was added as a co- S. 1910 tices in Federal elections. sponsor of S. 884, a bill to amend the At the request of Mr. REED, the S. 458 Public Health Service Act regarding names of the Senator from Maryland At the request of Mrs. LINCOLN, the residential treatment programs for (Mr. CARDIN) and the Senator from Or- name of the Senator from Mississippi pregnant and parenting women, a pro- egon (Mr. WYDEN) were added as co- (Mr. COCHRAN) was added as a cospon- gram to reduce substance abuse among sponsors of S. 1910, a bill to amend the sor of S. 458, a bill to amend title XVIII nonviolent offenders, and for other pur- Internal Revenue Code of 1986 to pro- of the Social Security Act to provide poses. vide that amounts derived from Fed- for the treatment of certain physician S. 910 eral grants and State matching funds pathology services under the Medicare At the request of Mr. KENNEDY, the in connection with revolving funds es- program. name of the Senator from Minnesota tablished in accordance with the Fed- S. 522 (Ms. KLOBUCHAR) was added as a co- eral Water Pollution Control Act and At the request of Mr. BAYH, the name sponsor of S. 910, a bill to provide for the Safe Drinking Water Act will not of the Senator from Delaware (Mr. paid sick leave to ensure that Ameri- be treated as proceeds or replacement BIDEN) was added as a cosponsor of S. cans can address their own health proceeds for purposes of section 148 of 522, a bill to safeguard the economic needs and the health needs of their such Code. families. health of the United States and the S. 1951 health and safety of the United States S. 972 At the request of Mr. BAUCUS, the citizens by improving the management, At the request of Mr. LAUTENBERG, name of the Senator from Iowa (Mr. coordination, and effectiveness of do- the name of the Senator from Illinois HARKIN) was added as a cosponsor of S. mestic and international intellectual (Mr. OBAMA) was added as a cosponsor 1951, a bill to amend title XIX of the property rights enforcement, and for of S. 972, a bill to provide for the reduc- Social Security Act to ensure that in- other purposes. tion of adolescent pregnancy, HIV dividuals eligible for medical assist- S. 561 rates, and other sexually transmitted ance under the Medicaid program con- At the request of Mr. BUNNING, the diseases, and for other purposes. tinue to have access to prescription name of the Senator from Minnesota S. 1019 drugs, and for other purposes. (Mr. COLEMAN) was added as a cospon- At the request of Mr. COBURN, the S. 1958 sor of S. 561, a bill to repeal the sunset name of the Senator from Idaho (Mr. At the request of Mr. CONRAD, the of the Economic Growth and Tax Relief CRAIG) was added as a cosponsor of S. name of the Senator from Florida (Mr. Reconciliation Act of 2001 with respect 1019, a bill to provide comprehensive MARTINEZ) was added as a cosponsor of to the expansion of the adoption credit reform of the health care system of the S. 1958, a bill to amend title XVIII of and adoption assistance programs. United States, and for other purposes. the Social Security Act to ensure and S. 602 S. 1395 foster continued patient quality of care At the request of Mr. PRYOR, the At the request of Mr. LEVIN, the by establishing facility and patient cri- name of the Senator from South Da- name of the Senator from Ohio (Mr. teria for long-term care hospitals and kota (Mr. JOHNSON) was added as a co- BROWN) was added as a cosponsor of S. related improvements under the Medi- sponsor of S. 602, a bill to develop the 1395, a bill to prevent unfair practices care program.

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14788 CONGRESSIONAL RECORD — SENATE December 5, 2007 S. 2056 S. 2307 States Code, to require the Secretary At the request of Mr. ROCKEFELLER, At the request of Mr. KERRY, the of Defense to continue to pay to a the name of the Senator from Cali- name of the Senator from Florida (Mr. member of the Armed Forces who is re- fornia (Mrs. FEINSTEIN) was added as a NELSON) was added as a cosponsor of S. tired or separated from the Armed cosponsor of S. 2056, a bill to amend 2307, a bill to amend the Global Change Forces due to a combat-related injury title XVIII of the Social Security Act Research Act of 1990, and for other pur- certain bonuses that the member was to restore financial stability to Medi- poses. entitled to before the retirement or care anesthesiology teaching programs S. 2332 separation and would continue to be for resident physicians. At the request of Mr. DORGAN, the entitled to if the member was not re- S. 2058 names of the Senator from Missouri tired or separated, and for other pur- poses. At the request of Mr. LEVIN, the (Mrs. MCCASKILL) and the Senator from name of the Senator from New Jersey Pennsylvania (Mr. CASEY) were added S.J. RES. 22 (Mr. MENENDEZ) was added as a cospon- as cosponsors of S. 2332, a bill to pro- At the request of Mr. BAUCUS, the sor of S. 2058, a bill to amend the Com- mote transparency in the adoption of names of the Senator from Washington modity Exchange Act to close the new media ownership rules by the Fed- (Mrs. MURRAY), the Senator from Vir- Enron loophole, prevent price manipu- eral Communications Commission, and ginia (Mr. WEBB), and the Senator from lation and excessive speculation in the to establish an independent panel to Montana (Mr. TESTER) were added as cosponsors of S.J. Res. 22, a joint reso- trading of energy commodities, and for make recommendations on how to in- lution providing for congressional dis- other purposes. crease the representation of women approval under chapter 8 of title 5, and minorities in broadcast media own- S. 2071 United States Code, of the rule sub- ership. At the request of Mrs. FEINSTEIN, the mitted by the Centers for Medicare & names of the Senator from Oregon (Mr. S. 2334 Medicaid Services within the Depart- WYDEN) and the Senator from West At the request of Mr. BARRASSO, the ment of Health and Human Services re- Virginia (Mr. BYRD) were added as co- name of the Senator from Nevada (Mr. lating to Medicare coverage for the use sponsors of S. 2071, a bill to enhance ENSIGN) was added as a cosponsor of S. of erythropoiesis stimulating agents in the ability to combat methamphet- 2334, a bill to withhold 10 percent of the cancer and related neoplastic condi- amine. Federal funding apportioned for high- tions. S. 2088 way construction and maintenance f At the request of Mr. FEINGOLD, the from States that issue driver’s licenses STATEMENTS ON INTRODUCED name of the Senator from Massachu- to individuals without verifying the BILLS AND JOINT RESOLUTIONS setts (Mr. KENNEDY) was added as a co- legal status of such individuals. sponsor of S. 2088, a bill to place rea- S. 2344 By Mr. KERRY (for himself, Mr. sonable limitations on the use of Na- At the request of Mr. MENENDEZ, the ENSIGN, Ms. STABENOW, and Mr. tional Security Letters, and for other name of the Senator from Indiana (Mr. MARTINEZ): purposes. BAYH) was added as a cosponsor of S. S. 2408. A bill to amend title XVIII of the Social Security Act to require phy- S. 2129 2344, a bill to create a competitive sician utilization of the Medicare elec- At the request of Mr. DORGAN, the grant program to provide for age-ap- tronic prescription drug program; to name of the Senator from Connecticut propriate Internet education for chil- dren. the Committee on Finance. (Mr. LIEBERMAN) was added as a co- Mr. KERRY. Mr. President, seven sponsor of S. 2129, a bill to amend the S. 2347 thousand Americans die every year be- Internal Revenue Code of 1986 to estab- At the request of Mr. LAUTENBERG, cause of preventable adverse drug lish the infrastructure foundation for his name was added as a cosponsor of events. Tens of thousands of more are the hydrogen economy, and for other S. 2347, a bill to restore and protect ac- injured. Meanwhile, of the three billion purposes. cess to discount drug prices for univer- prescriptions that are written each S. 2133 sity-based and safety-net clinics. year, doctors report that nearly one At the request of Mr. SPECTER, the S. 2355 billion of them required a followup for name of the Senator from Minnesota At the request of Ms. CANTWELL, the clarity, costing our health care system (Mr. COLEMAN) was added as a cospon- name of the Senator from New Jersey billions of dollars a year. That is why sor of S. 2133, a bill to authorize bank- (Mr. LAUTENBERG) was added as a co- I am pleased to join my colleagues Sen- ruptcy courts to take certain actions sponsor of S. 2355, a bill to amend the ator ENSIGN, Senator STABENOW and with respect to mortgage loans in National Climate Program Act to en- Senator MARTINEZ to introduce critical bankruptcy, and for other purposes. hance the ability of the United States legislation to help bring our health S. 2140 to develop and implement climate care system into the 21st century At the request of Mr. DORGAN, the change adaptation programs and poli- through electronic prescribing, e-pre- names of the Senator from Iowa (Mr. cies, and for other purposes. scribing, of medications in the Medi- HARKIN), the Senator from Delaware S. 2356 care program. (Mr. CARPER) and the Senator from At the request of Mr. COLEMAN, the The benefits of e-prescribing are North Dakota (Mr. CONRAD) were added name of the Senator from Colorado clear and compelling. When a doctor as cosponsors of S. 2140, a bill to award (Mr. ALLARD) was added as a cosponsor ‘‘writes’’ an electronic prescription, a a Congressional Gold Medal to Francis of S. 2356, a bill to enhance national se- computer or handheld device warns of Collins, in recognition of his out- curity by restricting access of illegal potentially dangerous interactions or standing contributions and leadership aliens to driver’s licenses and State- allergies or informs a physician wheth- in the fields of medicine and genetics. issued identification documents. er a particular drug is covered by a pa- tient’s insurance. It also tells the phy- S. 2209 S. 2372 sician whether a chemically identical At the request of Mr. HATCH, the At the request of Mr. SMITH, the generic alternative is available at a name of the Senator from Nevada (Mr. name of the Senator from South Caro- fraction of the price. The path to a ENSIGN) was added as a cosponsor of S. lina (Mr. DEMINT) was added as a co- more modern, accountable health care 2209, a bill to amend the Internal Rev- sponsor of S. 2372, a bill to amend the system starts with health information enue Code of 1986 to provide incentives Harmonized Tariff Schedule of the technology. The path to robust health to improve America’s research com- United States to modify the tariffs on information technology starts with e- petitiveness, and for other purposes. certain footwear. prescribing. S. 2279 S. 2400 This legislation would provide per- At the request of Ms. MIKULSKI, her At the request of Mr. SESSIONS, the manent funding for physician payment name was added as a cosponsor of S. name of the Senator from Oregon (Mr. bonuses in Medicare to help offset the 2279, a bill to combat international vio- WYDEN) was added as a cosponsor of S. costs of acquiring e-prescribing sys- lence against women and girls. 2400, a bill to amend title 37, United tems and to incentivize the use of the

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14789 technology. The bill would also require transmittal of prescription information from ‘‘(4) ELECTRONIC PRESCRIPTION DRUG PRO- all physicians in Medicare to use e-pre- the prescribing health care provider to the GRAM DEFINED.—In this subsection, the term scribing starting in 2011—1 year later dispensing pharmacy and pharmacist. ‘electronic prescription drug program’ means than the Institute of Medicine rec- (6) Electronic prescribing provides for- the program established under section 1860D– mulary and coverage information before a 4(e).’’. ommended in their recent study. We prescription is written to better inform the (b) REQUIREMENT FOR USE OF E-PRE- have talked long enough about using patient and prescriber of lower cost options, SCRIBING.—Section 1848(a) of such Act (42 technology to stem perpetually rising including generics. U.S.C. 1395w–8(a)) is amended by adding at health care costs and poor quality, and (7) E-prescribing can help to eliminate the end the following new paragraph: our legislation takes an important step medical errors, injuries, hospitalizations, ‘‘(5) ADJUSTMENT IN FEE SCHEDULE FOR to do something about it. and even death that can result from illegible FAILURE TO USE E-PRESCRIBING.— I want to give particular credit to prescriptions and bad drug interactions, in ‘‘(A) IN GENERAL.—Subject to subparagraph Mark Merritt and his team at Pharma- addition to reducing patient medication non- (B), effective for physicians’ services fur- adherence. ceutical Care Management Associa- nished on or after January 1, 2011, in the case (8) The Institute of Medicine recommends of such services— tion, PCMA, for their hard work and that all physicians create a plan to imple- ‘‘(i) that are classified as evaluation and leadership. PCMA is responsible for a ment and use e-prescribing technology by management services under this section; and seminal study in this field, which 2010. ‘‘(ii) in connection with which there was showed for the first time that broader SEC. 3. INCENTIVES FOR USE OF E-PRESCRIBING one or more prescriptions made that could adoption of e-prescribing will not only UNDER MEDICARE. have been made, but were not all made, save lives, but will also save billions of (a) BONUS PAYMENTS.—Section 1833 of the under the electronic prescription drug pro- dollars for patients, payers and tax- Social Security Act (42 U.S.C. 1395l) is gram, amended by adding at the end the following payers alike. Perhaps most impor- new subsection: the fee schedule amount otherwise applica- tantly, PCMA created a strong and di- ‘‘(v) INCENTIVE PAYMENTS FOR PHYSICIAN ble under this section shall be reduced by 10 verse coalition of health care stake- USE OF E-PRESCRIBING.— percent. holders to advocate for this legislation, ‘‘(1) ONE-TIME BONUS FOR START-UP COSTS.— ‘‘(B) WAIVER.—The Secretary may waive including business, labor, consumer ad- ‘‘(A) IN GENERAL.—If the Secretary deter- the application of subparagraph (A) until mines, based upon coding in claims sub- January 1, 2012, or January 1, 2013, as speci- vocates, physicians, health plans, phar- fied by the Secretary, in cases of dem- macists, and drug manufacturers. The mitted under this part over a duration speci- fied by the Secretary, that a physician meets onstrated hardship or unforeseen cir- PCMA-led coalition has worked dili- a threshold volume or proportion (as speci- cumstances specified by the Secretary.’’. gently on Capitol Hill in support of fied by the Secretary) of claims for physi- SEC. 4. REPORTS ON E-PRESCRIBING. this important issue. They have edu- cians’ services for individuals enrolled under (a) CMS REPORT.— cated Congress on e-prescribing and are this part that— (1) IN GENERAL.—Not later than 2 years helping to make sure that we get the ‘‘(i) are classified (under section 1848) as after the date of the enactment of this Act, policy right. evaluation and management services; the Administrator of the Centers for Medi- The Medicare E–MEDS Act gets it ‘‘(ii) include the making of a prescription care & Medicaid Services shall submit to right. The standards and interoper- that could under law be made using the elec- Congress a report on progress on imple- tronic prescription drug program; and menting e-prescribing under the Medicare ability for e-prescribing are in place; ‘‘(iii) use the electronic prescription drug electronic prescription drug program under the technology is affordable; and, most program for such prescription, section 1860D–4(e) of the Social Security Act importantly, the dramatic benefits for the Secretary shall make a payment to the (42 U.S.C. 1395w–104(e)). patients and health care purchasers— physician, in addition to any other payment (2) ITEMS INCLUDED.—Such report shall in- especially the Federal Government— under this part, of the amount specified in clude information on— are overwhelmingly clear. This bill is a subparagraph (B). Not more than one pay- (A) the percentage of Medicare physicians solid step towards addressing these im- ment may be made under this subsection that utilize the electronic prescription drug portant issues in the delivery of our with respect to any physician. program; (B) the estimated savings resulting from Nation’s health care. It is time that ‘‘(B) AMOUNT.—The payment amount under subparagraph (A) shall be, in the case of a the use of e-prescribing; and Congress act to save lives and increase physician that meets the conditions of sub- (C) progress on reducing avoidable medical efficiency in America’s health care sys- paragraph (A) for a period that begins dur- errors resulting from the use of e-pre- tem. ing— scribing. Mr. President, I ask for unanimous ‘‘(i) 2008 or 2009, $2,000; (b) GAO REPORT.— consent that the text of the bill be ‘‘(ii) 2010 or 2011, $1,500; or (1) IN GENERAL.—Not later than 2 years printed in the RECORD. ‘‘(iii) 2012 or a subsequent year, $1,000. after the date of the enactment of this Act, There being no objection, the text of ‘‘(2) ON-GOING BONUS FOR USE OF E-PRE- the Comptroller General of the United States the bill was ordered to the printed in SCRIBING.— shall submit to Congress a report on the im- ‘‘(A) IN GENERAL.—If the Secretary deter- pact of implementation of such program on the RECORD, as follows: mines, based upon coding in claims sub- physicians. S. 2408 mitted under this part over a period specified (2) ITEMS INCLUDED.—Such report shall in- Be it enacted by the Senate and House of Rep- by the Secretary, that a physician uses the clude information on— resentatives of the United States of America in electronic prescription drug program for pre- (A) factors influencing the adopting of e- Congress assembled, scribing at least a threshold volume or pro- prescribing by physicians; and SECTION 1. SHORT TITLE. portion (as specified by the Secretary) of (B) the impact of this Act on physicians This Act may be cited as the ‘‘Medicare claims for physicians’ services for individ- practicing in individual or small group prac- Electronic Medication and Safety Protection uals enrolled under this part, in addition to tices and on physicians practicing in rural (E-MEDS) Act of 2007’’. the amount of payment that would otherwise areas. SEC. 2. FINDINGS. be made under this part for physicians’ serv- Congress finds the following: ices by the physician that are classified as By Mr. WYDEN (for himself and (1) Patient safety is an important issue and evaluation and management services under Mr. OBAMA): a priority among patients, providers, insur- section 1848, there also shall be paid to the S. 2411. A bill to require the estab- ers, businesses, and government entities physician an amount equal to 1 percent of lishment of a credit card safety star alike. the allowed charges for such services. In ap- rating system for the benefit of con- (2) Adverse drug events are defined by the plying the previous sentence, there shall not Institute of Medicine as ‘‘any injury due to be taken into account claims for prescrip- sumers, and for other purposes; to the medication’’. tions written for controlled substances Committee on Banking, Housing, And (3) According to the Institute of Medicine, which may not under law be prescribed using Urban Affairs. more then 1.5 million preventable adverse the electronic prescription drug program. Mr. WYDEN. Mr. President, credit drug events occur every year in the United ‘‘(B) APPLICATION TO PHYSICIAN SHORTAGE card debt is hitting American families States. BONUSES.—The additional payment under like a wrecking ball, with our families (4) Studies indicate that at least 530,000 this paragraph shall be taken into account in already being hammered by sky- preventable adverse drug events occur each applying subsections (m) and (u). rocketing fuel prices and the subprime year among the Medicare population, and ‘‘(3) AUDITING.—Provisions applicable to cost the Federal Government upwards of the auditing of claims for payment and en- mortgage mess. We have seen credit $887,000,000, or $1,983 per person. forcement of false claims under this part card debt go up almost 25 percent in (5) Electronic prescription drug programs, shall apply to claims for payment under this the last 3 years. I have brought to the or e-prescribing, provide for the electronic subsection. floor a typical credit card agreement

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14790 CONGRESSIONAL RECORD — SENATE December 5, 2007 that millions of our citizens enter into. place to develop and operate a safety S. 2412. A bill to amend the Internal It is 44 pages long. You can’t see it rating system. Such a system has Revenue Code of 1986 to reform the sys- from the chair, but it goes on and on worked quite well for new cars. When tem of public financing for Presidential and on with small print. It is very obvi- you have a rating system for cars, peo- elections, and for other purposes; to ous to me that buried in all of this ple can understand how they would be the Committee on Finance. legalese, buried in all of this technical protected in a crash. The legislation I Mr. FEINGOLD. Mr. President, today jargon, is a variety of sneaky terms am offering will tell people whether I will reintroduce a bill to repair and that end up hurting consumers because credit card companies are treating strengthen the presidential public fi- it is not possible to understand what is them fairly and disclosing the key pro- nancing system. Bipartisan support is in much of the key provisions of these visions so that a free market can work. a key element of successful campaign agreements. For example, we under- So under the rating system I propose finance reform efforts, and I am there- stand folks in New Jersey, Oregon, or today with Senator OBAMA, it would be fore delighted that the junior Senator anywhere else pay a lot of attention to required for credit card companies to from Maine, Sen. COLLINS, has agreed the interest rate provision. They pay a put on the card itself, put on the var- to be the principal cosponsor of the lot of attention to the annual fee provi- ious promotional materials they are bill. sion. But they don’t notice a lot of the using, stars which, in effect, would be The Presidential Funding Act of 2007 will ensure that this system will con- little disclosures that end up hidden in granted on the basis of the Federal Re- tinue to fulfill its promise in the 21st the legalese that can end up making serve’s independent judgment as to century. The bill will take effect in the real cost of credit significantly whether the key safety criteria are January 2009, so it will first apply in higher. being met. Last week, I met with students I am very hopeful that at a time the 2012 presidential election. The presidential public financing sys- across the State of Oregon. A lot of when our citizens are being pounded by tem was put into place in the wake of them, with the financial aid cutbacks, powerful economic forces, particularly the Watergate scandals as part of the are now walking on an economic tight- in the energy and housing field, there Federal Election Campaign Act of 1974. rope. They balance their food bills could at least be bipartisan agreement It was held to be constitutional by the against their fuel bills and their fuel that the Senate could support trans- Supreme Court in Buckley v. Valeo. bills against their housing costs. They parency, disclosure, changes in the The system, of course, is voluntary, as are on an economic tightrope. They are credit card business, so our con- the Supreme Court required in Buck- getting buried in credit card debt. Very sumers—and millions are using these ley. Every major party nominee for often they find, for example, that if credit cards during this holiday sea- President since 1976 has participated in they have a credit card, and they are son—can understand the agreements the system for the general election late on another payment with someone they are getting into. and, prior to 2000, every major party else, their credit card interest rate The students I met with last week nominee had participated in the sys- ends up going up as a result. There are taking steps now to better police tem for the primary election as well. may be a small provision in their exist- what is going on in the credit card In the 2004 election, President Bush ing credit card agreement that allows field. On several campuses in Oregon, and two Democratic candidates, How- it, but nobody, for the most part, they have moved the credit card com- ard Dean and the eventual nominee knows about it. panies off campus. Yet the credit card JOHN KERRY, opted out of the system Students would say their interest companies continue to flood the stu- for the presidential primaries. Presi- rates would double almost overnight dents with promotional material. dent Bush and Senator KERRY elected with virtually no notice. They would I was told, for example, about one to take the taxpayer-funded grant in not be given any clear communication program where students were brought the general election. President Bush about what is going on. They would into a room where money was essen- also opted out of the system for the Re- just find their costs would arbitrarily tially floating in the air, where it was publican primaries in 2000 but accepted skyrocket, and they would again be un- as if you would be going to a financial the general election grant. Several of able to pay their bills. paradise if you just signed up for one of the leading candidates for President in Now, I recognize in a free society these credit card agreements. the 2008 election are not participating folks have a constitutional right to be I am not proposing heavy-handed reg- in the primary system, and it remains foolish, to rack up charges that would ulation. I am not proposing one-size- to be seen whether either major party not be wise, but they can do so anyway fits-all government. I am proposing candidate will accept public funds in in a free society. I do not think most that an agency with the expertise to the general election. people will do that, certainly not the make sure there is disclosure, that the It is unfortunate that the matching students I met with in Oregon last forms and agreements are printed in funds system for the primaries has be- week, if it is possible to understand the simple English—that that kind of in- come less practicable. The system pro- terms of these credit cards in straight- formation be rewarded in the market- tects the integrity of the electoral forward, plain and simple English rath- place. If companies are not willing to process by allowing candidates to run er than see the key provisions buried in do it, the American people could find viable campaigns without becoming all kinds of legalese that you would that out as well. overly dependent on private donors. have to be a wizard to sort out. That is the kind of simple, straight- The system has worked well in the So I am proposing today, with the forward approach—with disclosure, past, and it is worth repairing so that support of our colleague, Senator transparency, in simple English—that it can work in the future. If we don’t OBAMA from Illinois, that the Federal makes sense for the digital age. With repair it, the pressures on candidates Reserve, which has great expertise in the Federal Reserve completing that to opt out will increase until the sys- this area, set up a safety rating system first safety rating, all Americans could tem collapses from disuse. for credit cards—not one that evalu- get that kind of information quickly This bill makes changes to both the ates credit card companies on provi- and conveniently. That is what is in primary and general election public fi- sions that are appropriately evaluated the interest of the American people nancing system to address the weak- in the marketplace, but on safety mat- with respect to this credit card debt nesses and problems that have been ters—for example, whether a credit issue at a critical time. identified by participants in the sys- card company gives the consumer ade- I hope my colleagues will support the tem, experts on the presidential elec- quate notice before they change terms; legislation I introduce today with Sen- tion financing process, and an elec- whether, for example, they highlight ator OBAMA. torate that is increasingly dismayed by the key kinds of changes rather than the influence of money in politics. bury them in the small print. By Mr. FEINGOLD (for himself, First and most important, it elimi- I think the Federal Reserve, with the Ms. COLLINS, Mr. OBAMA, Mr. nates the state-by-state primary spend- technical expertise they have and the DURBIN, Mrs. CLINTON, Mr. ing limits in the current law and sub- independent judgment they bring to BIDEN, Mr. DODD, and Mr. stantially increases the overall pri- these financial questions, is the ideal KERRY): mary spending limit from the current

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14791 limit of approximately $45 million to Obviously, these changes make this a amends the Geothermal Steam Act of $150 million, of which up to $100 million more generous system. So the bill also 1970 to increase the yearly mainte- can be spent before April 1 of the elec- makes the requirement for qualifying nance fee and one-time location fee for tion year. This should make the sys- more difficult. To be eligible for holders of more than 10 mining claims tem much more viable for serious can- matching funds, a candidate must raise on federal land to $150 and $50 per didates facing opponents who are capa- $25,000 in matchable contributions—up claim, respectively, and imposes a 4 ble of raising significant sums outside to $200 for each donor—in at least 20 percent royalty on the gross income the system. The bill also makes avail- States. That is five times the threshold from mining on existing claims. Fi- able substantially more public money under current law. nally, it amends the Public Rangelands for participating candidates by increas- The bill also makes a number of Improvement Act of 1978 to use a ing the match of small contributions changes in the system to reflect the state’s fee formula to establish the from 1:1 to 4:1. changes in our presidential races over grazing fees for federal land in that One very important provision of this the past several decades. For one thing, state. bill ties the primary and general elec- it makes matching funds available Though the numbers are large, this is tion systems together and requires starting 6 months before the date of actually a very small investment to candidates to make a single decision the first primary or caucus, that’s ap- make to protect our democracy and on whether to participate. Candidates proximately 6 months earlier than is preserve the integrity of our presi- who opt out of the primary system and currently the case. For another, it sets dential elections. The American people decide to rely solely on private money a single date for release of the public do not want to see a return to the pre- cannot return to the system for the grants for the general election—the Watergate days of unlimited spending general election. Candidates must com- Friday before Labor Day. This address- on presidential elections and can- mit to participate in the system in the es an inequity in the current system, didates entirely beholden to private do- general election if they want to receive under which the general election nors. We must act to ensure the fair- Federal matching funds in the pri- grants are released after each nomi- ness of our elections and the confidence maries. The bill also increases the nating convention, which can be sev- spending limits for participating can- of our citizens in the process by repair- eral weeks apart. ing the cornerstone of the Watergate didates in the primaries who face a The bill also prohibits Federal elect- nonparticipating opponent if that op- reforms. ed officials and candidates from solic- Mr. President, I ask unanimous con- ponent raises more than 20 percent iting soft money for use in funding the more than the spending limit. This pro- sent that the text of the bill and a sec- party conventions and requires presi- vides some protection against being far tion-by-section analysis be printed in dential candidates to disclose bundled outspent by a nonparticipating oppo- the RECORD. contributions. The bundling provision nent. Additional grants of public There being no objection, the mate- builds on a provision contained in eth- money are also available to partici- rial was ordered to be printed in the ics and lobbying reform bill enacted pating candidates who face a non- RECORD, as follows: earlier this year. It requires presi- participating candidate spending sub- S. 2412 stantially more than the spending dential candidates to disclose all Be it enacted by the Senate and House of Rep- limit. bundlers of $50,000 or more. resentatives of the United States of America in The bill also sets the general election The purpose of this bill is to improve Congress assembled, spending limit at $100 million, indexed the campaign finance system, not to SECTION 1. SHORT TITLE; TABLE OF CONTENTS. for inflation. If a general election can- advance one party’s interests. In fact, (a) SHORT TITLE.—This Act may be cited as didate does not participate in the sys- this is an excellent time to make the ‘‘Presidential Funding Act of 2007’’. (b) TABLE OF CONTENTS.—The table of con- tem and spends more than 20 percent changes in the Presidential public funding system. The 2008 presidential tents of this Act is as follows: more than the combined primary and Sec. 1. Short title; table of contents. general election spending limits, a par- campaign, which is already underway, will undoubtedly be the most expensive Sec. 2. Revisions to system of Presidential ticipating opposing candidate will re- primary matching payments. ceive a grant equal to twice the general in history. A number of candidates Sec. 3. Requiring participation in primary election spending limit. from both parties have opted out of the payment system as condition of This bill also addresses what some primary matching funds system, and eligibility for general election have called the ‘‘gap’’ between the pri- some experts predict that one or both payments. mary and general election seasons. major party nominees will even refuse Sec. 4. Revisions to expenditure limits. Sec. 5. Additional payments and increased Presumptive presidential nominees public grants for the general election period. It is too late to make the expenditure limits for can- have emerged earlier in the election didates participating in public year over the life of the public financ- changes needed to repair the system financing who face certain non- ing system. This has led to some nomi- for the 2008 election. But if we act now, participating opponents. nees being essentially out of money be- we can make sure that an updated and Sec. 6. Establishment of uniform date for re- tween the time that they nail down the revised system is in place for the 2012 lease of payments from Presi- nomination and the convention where election. If we act now, I am certain dential Election Campaign they are formally nominated and be- that the 2008 campaign cycle will con- Fund to eligible candidates. firm our foresight. If we do nothing, Sec. 7. Revisions to designation of income come eligible for the general election tax payments by individual tax- grant. For a few cycles, soft money 2008 will continue and accelerate the payers. raised by the parties filled in that gap, slide of the current system into Sec. 8. Amounts in Presidential Election but the Bipartisan Campaign Reform irrelevancy. Campaign Fund. Act of 2002 fortunately has now closed Fixing the presidential public financ- Sec. 9. Regulation of convention financing. that loophole. This bill allows can- ing system will cost money, but our Sec. 10. Disclosure of bundled contributions didates who are still in the primary best calculations at the present time to presidential campaigns. indicate that the changes to the sys- Sec. 11. Repeal of priority in use of funds for race as of April 1 to spend an addi- political conventions. tional $50 million until funds for the tem in this bill can be paid for by rais- Sec. 12. Offsets. general election are made available. In ing the income tax check-off on an in- Sec. 13. Effective date. addition, the bill allows the political dividual return from $3 to just $10. The SEC. 2. REVISIONS TO SYSTEM OF PRESIDENTIAL parties to spend up to $25 million be- total cost of the changes to the system, PRIMARY MATCHING PAYMENTS. tween April 1 and the date that a can- based on data from the 2004 elections, (a) INCREASE IN MATCHING PAYMENTS.— didate is nominated and an additional is projected to be around $365 million (1) IN GENERAL.—Section 9034(a) of the In- $25 million after the nomination. The over the 4-year election cycle. To offset ternal Revenue Code of 1986 is amended— that increased cost, this bill first (A) by striking ‘‘an amount equal to the total amount of $50 million is over amount’’ and inserting ‘‘an amount equal to three times the amount allowed under amends the Energy Policy Act of 2005 400 percent of the amount’’; and current law. This should allow the to allow the Bureau of Land Manage- (B) by striking ‘‘$250’’ and inserting ‘‘$200’’. ‘‘gap’’ to be more than adequately ment to implement new user fees for (2) ADDITIONAL MATCHING PAYMENTS FOR filled. processing oil and gas permits. It also CANDIDATES AFTER MARCH 31 OF THE ELECTION

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YEAR.—Section 9034(b) of such Code is (2) by inserting before paragraph (2) (as so ‘‘(iii) If the nonparticipating primary can- amended to read as follows: redesignated) the following new paragraph: didate described in clause (i) ceases to be a ‘‘(b) ADDITIONAL PAYMENTS FOR CAN- ‘‘(1) the candidate received payments under candidate for nomination to the office of DIDATES AFTER MARCH 31 OF THE ELECTION chapter 96 for the campaign for nomina- President of the United States and is not a YEAR.—In addition to any payment under tion;’’. candidate for such office, clause (i) shall not subsection (a), an individual who is a can- SEC. 4. REVISIONS TO EXPENDITURE LIMITS. apply and the limitations under subpara- didate after March 31 of the calendar year in graphs (A) and (B) shall apply. It shall not be (a) INCREASE IN EXPENDITURE LIMITS FOR which the presidential election is held and considered to be a violation of this Act if the PARTICIPATING CANDIDATES; ELIMINATION OF who is eligible to receive payments under application of the preceding sentence results STATE-SPECIFIC LIMITS.— section 9033 shall be entitled to payments in the national committee of a political (1) IN GENERAL.—Section 315(b)(1) of the under section 9037 in an amount equal to the party violating the limitations under sub- Federal Election Campaign Act of 1971 (2 amount of each contribution received by paragraphs (A) and (B) solely by reason of U.S.C. 441a(b)(1)) is amended by striking such individual after March 31 of the cal- expenditures made by such national com- endar year in which such presidential elec- ‘‘may make expenditures in excess of’’ and mittee during the period in which clause (i) tion is held, disregarding any amount of con- all that follows and inserting ‘‘may make ex- applied. tributions from any person to the extent penditures— ‘‘(D) For purposes of this paragraph— that the total of the amounts contributed by ‘‘(A) with respect to a campaign for nomi- ‘‘(i) any expenditure made by or on behalf such person after such date exceeds $200.’’. nation for election to such office— of a national committee of a political party (3) CONFORMING AMENDMENTS.—Section 9034 ‘‘(i) in excess of $100,000,000 before April 1 and in connection with a presidential elec- of such Code, as amended by paragraph (2), is of the calendar year in which the presi- tion shall be considered to be made in con- amended— dential election is held; and nection with the general election campaign (A) by striking the last sentence of sub- ‘‘(ii) in excess of $150,000,000 before the date of a candidate for President of the United section (a); and described in section 9006(b) of the Internal States who is affiliated with such party; and (B) by inserting after subsection (b) the Revenue Code of 1986; and ‘‘(ii) any communication made by or on be- following new subsection: ‘‘(B) with respect to a campaign for elec- half of such party shall be considered to be ‘‘(c) CONTRIBUTION DEFINED.—For purposes tion to such office, in excess of $100,000,000.’’. made in connection with the general election of this section and section 9033(b), the term (2) CLERICAL CORRECTION.—Section campaign of a candidate for President of the ‘contribution’ means a gift of money made 9004(a)(1) of the Internal Revenue Code of United States who is affiliated with such by a written instrument which identifies the 1986 is amended by striking ‘‘section party if any portion of the communication is person making the contribution by full name 320(b)(1)(B) of the Federal Election Campaign in connection with such election. and mailing address, but does not include a Act of 1971’’ and inserting ‘‘section ‘‘(E) Any expenditure under this paragraph subscription, loan, advance, or deposit of 315(b)(1)(B) of the Federal Election Campaign shall be in addition to any expenditure by a money, or anything of value or anything de- Act of 1971’’. national committee of a political party serv- scribed in subparagraph (B), (C), or (D) of (b) INCREASE IN LIMIT ON COORDINATED ing as the principal campaign committee of section 9032(4).’’. PARTY EXPENDITURES.—Section 315(d)(2) of a candidate for the office of President of the (b) ELIGIBILITY REQUIREMENTS.— the Federal Election Campaign Act of 1971 (2 United States.’’. (1) AMOUNT OF AGGREGATE CONTRIBUTIONS U.S.C. 441a(d)(2)) is amended to read as fol- (c) CONFORMING AMENDMENTS RELATING TO PER STATE.—Section 9033(b)(3) of such Code is lows: TIMING OF COST-OF-LIVING ADJUSTMENT.— amended by striking ‘‘$5,000’’ and inserting ‘‘(2)(A) The national committee of a polit- (1) IN GENERAL.—Section 315(c)(1) of such ‘‘$25,000’’. ical party may not make any expenditure in Act (2 U.S.C. 441a(c)(1)) is amended— (2) AMOUNT OF INDIVIDUAL CONTRIBUTIONS.— connection with the general election cam- (A) in subparagraph (B), by striking ‘‘(b), Section 9033(b)(4) of such Code is amended by paign of any candidate for President of the (d),’’ and inserting ‘‘(d)(3)’’; and striking ‘‘$250’’ and inserting ‘‘$200’’. United States who is affiliated with such (B) by inserting at the end the following (3) PARTICIPATION IN SYSTEM FOR PAYMENTS party which exceeds $25,000,000. new subparagraph: FOR GENERAL ELECTION.—Section 9033(b) of ‘‘(B) Notwithstanding the limitation under ‘‘(D) In any calendar year after 2008— such Code is amended— subparagraph (A), during the period begin- ‘‘(i) a limitation established by subsection (A) by striking ‘‘and’’ at the end of para- ning on April 1 of the year in which a presi- (b) or (d)(2) shall be increased by the percent graph (3); dential election is held and ending on the difference determined under subparagraph (B) by striking the period at the end of date described in section 9006(b) of the Inter- (A); paragraph (4) and inserting ‘‘, and’’; and nal Revenue Code of 1986, the national com- ‘‘(ii) each amount so increased shall re- (C) by adding at the end the following new mittee of a political party may make addi- main in effect for the calendar year; and paragraph: tional expenditures in connection with the ‘‘(iii) if any amount after adjustment ‘‘(5) if the candidate is nominated by a po- general election campaign of a candidate for under clause (i) is not a multiple of $100, litical party for election to the office of President of the United States who is affili- such amount shall be rounded to the nearest President, the candidate will apply for and ated with such party in an amount not to ex- multiple of $100.’’. accept payments with respect to the general ceed $25,000,000. (2) BASE YEAR.—Section 315(c)(2)(B) of such election for such office in accordance with ‘‘(C)(i) Notwithstanding subparagraph (B) Act (2 U.S.C. 441a(c)(2)(B)) is amended— chapter 95, including the requirement that or the limitation under subparagraph (A), if (A) in clause (i)— the candidate and the candidate’s authorized any nonparticipating primary candidate (i) by striking ‘‘subsections (b) and (d)’’ committees will not incur qualified cam- (within the meaning of subsection (b)(3)) af- and inserting ‘‘subsection (d)(3)’’; and paign expenses in excess of the aggregate filiated with the national committee of a po- (ii) by striking ‘‘and’’ at the end; payments to which they will be entitled litical party receives contributions or makes (B) in clause (ii), by striking the period at under section 9004.’’. expenditures with respect to such can- the end and inserting ‘‘; and’’; and (c) PERIOD OF AVAILABILITY OF PAY- didate’s campaign in an aggregate amount (C) by adding at the end the following new MENTS.—Section 9032(6) of such Code is greater than 120 percent of the expenditure clause: amended by striking ‘‘the beginning of the limitation in effect under subsection ‘‘(iii) for purposes of subsection (b) and calendar year in which a general election for (b)(1)(A)(ii), then, during the period de- (d)(2), calendar year 2007.’’. the office of President of the United States scribed in clause (ii), the national committee (d) REPEAL OF EXCLUSION OF FUNDRAISING will be held’’ and inserting ‘‘the date that is of any other political party may make ex- COSTS FROM TREATMENT AS EXPENDITURES.— 6 months prior to the date of the earliest penditures in connection with the general Section 301(9)(B)(vi) of the Federal Election State primary election’’. election campaign of a candidate for Presi- Campaign Act of 1971 (2 U.S.C. 431(9)(B)(vi)) SEC. 3. REQUIRING PARTICIPATION IN PRIMARY dent of the United States who is affiliated is amended by striking ‘‘in excess of an PAYMENT SYSTEM AS CONDITION OF with such other party without limitation. amount equal to 20 percent of the expendi- ELIGIBILITY FOR GENERAL ELEC- ture limitation applicable to such candidate ‘‘(ii) The period described in this clause is TION PAYMENTS. under section 315(b)’’ and inserting the fol- the period— (a) MAJOR PARTY CANDIDATES.—Section lowing: ‘‘who is seeking nomination for elec- ‘‘(I) beginning on the later of April 1 of the 9003(b) of the Internal Revenue Code of 1986 tion or election to the office of President or year in which a presidential election is held is amended— Vice President of the United States’’. or the date on which such nonparticipating (1) by redesignating paragraphs (1) and (2) SEC. 5. ADDITIONAL PAYMENTS AND INCREASED as paragraphs (2) and (3); and primary candidate first receives contribu- EXPENDITURE LIMITS FOR CAN- (2) by inserting before paragraph (2) (as so tions or makes expenditures in the aggregate DIDATES PARTICIPATING IN PUBLIC redesignated) the following new paragraph: amount described in clause (i); and FINANCING WHO FACE CERTAIN ‘‘(1) the candidate received payments under ‘‘(II) ending on the earlier of the date such NONPARTICIPATING OPPONENTS. chapter 96 for the campaign for nomina- nonparticipating primary candidate ceases (a) CANDIDATES IN PRIMARY ELECTIONS.— tion;’’. to be a candidate for nomination to the of- (1) ADDITIONAL PAYMENTS.— (b) MINOR PARTY CANDIDATES.—Section fice of President of the United States and is (A) IN GENERAL.—Section 9034 of the Inter- 9003(c) of such Code is amended— not a candidate for such office or the date nal Revenue Code of 1986, as amended by sec- (1) by redesignating paragraphs (1) and (2) described in section 9006(b) of the Internal tion 2, is amended by redesignating sub- as paragraphs (2) and (3); and Revenue Code of 1986. section (c) as subsection (d) and by inserting

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14793 after subsection (b) the following new sub- clause (i) or (ii) of paragraph (1)(A) after the nal Revenue Code of 1986, the limitation section: application of clause (i). under paragraph (1)(B) shall be increased by ‘‘(c) ADDITIONAL PAYMENTS FOR CAN- ‘‘(B) Each dollar amount under subpara- the amount of such payments received by DIDATES FACING NONPARTICIPATING OPPO- graph (A) shall be considered a limitation the candidate.’’. NENTS.— under this subsection for purposes of sub- (c) PROCESS FOR DETERMINATION OF ELIGI- ‘‘(1) IN GENERAL.—In addition to any pay- section (c). BILITY FOR ADDITIONAL PAYMENT AND IN- ments provided under subsections (a) and (b), ‘‘(C) In this paragraph, the term ‘eligible CREASED EXPENDITURE LIMITS.—Section 304 each candidate described in paragraph (2) candidate’ means, with respect to any pe- of the Federal Election Campaign Act of 1971 shall be entitled to— riod, a candidate— (2 U.S.C. 434) is amended by adding at the ‘‘(A) a payment under section 9037 in an ‘‘(i) who is eligible to receive payments end the following new subsection: amount equal to the amount of each con- under section 9033 of the Internal Revenue ‘‘(j) REPORTING AND CERTIFICATION FOR AD- tribution received by such candidate on or Code of 1986; DITIONAL PUBLIC FINANCING PAYMENTS FOR after the beginning of the calendar year pre- ‘‘(ii) who is opposed by a nonparticipating CANDIDATES.— ceding the calendar year of the presidential primary candidate; and ‘‘(1) PRIMARY CANDIDATES.— election with respect to which such can- ‘‘(iii) with respect to whom the Commis- ‘‘(A) NOTIFICATION OF EXPENDITURES BY IN- didate is seeking nomination and before the sion has given notice under section ELIGIBLE CANDIDATES.— qualifying date, disregarding any amount of 304(j)(1)(B)(i). ‘‘(i) EXPENDITURES IN EXCESS OF 120 PER- contributions from any person to the extent ‘‘(D) In this paragraph, the term ‘non- CENT OF LIMIT.—If a candidate for a nomina- that the total of the amounts contributed by participating primary candidate’ means, tion for election for the office of President such person exceeds $200, and with respect to any eligible candidate, a can- who is not eligible to receive payments ‘‘(B) payments under section 9037 in an didate for nomination for election for the of- under section 9033 of the Internal Revenue amount equal to the amount of each con- fice of President who is not eligible under Code of 1986 receives contributions or makes tribution received by such candidate on or section 9033 of the Internal Revenue Code of expenditures with respect to the primary after the qualifying date, disregarding any 1986 to receive payments from the Secretary election in an aggregate amount greater amount of contributions from any person to of the Treasury under chapter 96 of such than 120 percent of the expenditure limita- the extent that the total of the amounts con- Code.’’. tion applicable to eligible candidates under tributed by such person exceeds $200. (b) CANDIDATES IN GENERAL ELECTIONS.— clause (i) or (ii) of section 315(b)(1)(A), the ‘‘(2) CANDIDATES TO WHOM THIS SUBSECTION (1) ADDITIONAL PAYMENTS.— candidate shall notify the Commission in APPLIES.—A candidate is described in this (A) IN GENERAL.—Section 9004(a)(1) of the writing that the candidate has received ag- paragraph if such candidate— Internal Revenue Code of 1986 is amended— gregate contributions or made aggregate ex- ‘‘(A) is eligible to receive payments under (i) by striking ‘‘(1) The eligible candidates’’ penditures in such an amount not later than section 9033, and and inserting ‘‘(1)(A) Except as provided in 24 hours after first receiving aggregate con- ‘‘(B) is opposed by a nonparticipating pri- subparagraph (B), the eligible candidates’’; tributions or making aggregate expenditures mary candidate of the same political party and in such an amount. who receives contributions or makes expend- (ii) by adding at the end the following new ‘‘(ii) EXPENDITURES IN EXCESS OF 120 PER- itures with respect to the campaign— subparagraph: CENT OF INCREASED LIMIT.—If a candidate for ‘‘(i) before April 1 of the year in which the ‘‘(B) In addition to the payments described a nomination for election for the office of presidential election is held, in an aggregate in subparagraph (A), each eligible candidate President who is not eligible to receive pay- amount greater than 120 percent of the ex- of a major party in a presidential election ments under section 9033 of the Internal Rev- penditure limitation under section with an opponent in the election who is not enue Code of 1986 receives contributions or 315(b)(1)(A)(i) of the Federal Election Cam- eligible to receive payments under section makes expenditures with respect to the pri- paign Act of 1971, or 9006 and who receives contributions or makes mary election in an aggregate amount great- ‘‘(ii) before the date described in section expenditures with respect to the primary and er than 120 percent of the expenditure limita- 9006(b), in an aggregate amount greater than general elections in an aggregate amount tion applicable to eligible candidates under 120 percent of the expenditure limitation greater than 120 percent of the combined ex- section 315(b) after the application of para- under section 315(b)(1)(A)(ii) of such Act. penditure limitations applicable to eligible graph (3)(A)(i) thereof, the candidate shall ‘‘(3) NONPARTICIPATING PRIMARY CAN- candidates under section 315(b)(1) of the Fed- notify the Commission in writing that the DIDATE.—In this subsection, the term ‘non- eral Election Campaign Act of 1971 shall be candidate has received aggregate contribu- participating primary candidate’ means a entitled to an equal payment under section tions or made aggregate expenditures in such candidate for nomination for election for the 9006 in an amount equal to 100 percent of the an amount not later than 24 hours after first office of President who is not eligible under expenditure limitation applicable under such receiving aggregate contributions or making section 9033 to receive payments from the section with respect to a campaign for elec- aggregate expenditures in such an amount. Secretary under this chapter. tion to the office of President.’’. ‘‘(B) CERTIFICATION.—Not later than 24 ‘‘(4) QUALIFYING DATE.—In this subsection, (B) SPECIAL RULE FOR MINOR PARTY CAN- hours after receiving any written notice the term ‘qualifying date’ means the first DIDATES.—Section 9004(a)(2)(A) of such Code under subparagraph (A) from a candidate, date on which the contributions received or is amended— the Commission shall— expenditures made by the nonparticipating (i) by striking ‘‘(A) The eligible can- ‘‘(i) certify to the Secretary of the Treas- primary candidate described in paragraph didates’’ and inserting ‘‘(A)(i) Except as pro- ury that opponents of the candidate are eli- (2)(B) exceed the amount described under ei- vided in clause (ii), the eligible candidates’’; gible for additional payments under section ther clause (i) or clause (ii) of such para- and 9034(c) of the Internal Revenue Code of 1986; graph.’’. (ii) by adding at the end the following new ‘‘(ii) notify each opponent of the candidate (B) CONFORMING AMENDMENT.—Section clause: who is eligible to receive payments under 9034(b) of such Code, as amended by section 2, ‘‘(ii) In addition to the payments described section 9033 of the Internal Revenue Code of is amended by striking ‘‘subsection (a)’’ and in clause (i), each eligible candidate of a 1986 of the amount of the increased limita- inserting ‘‘subsections (a) and (c)’’. minor party in a presidential election with tion on expenditures which applies pursuant (2) INCREASE IN EXPENDITURE LIMIT.—Sec- an opponent in the election who is not eligi- to section 315(b)(3); and tion 315(b) of the Federal Election Campaign ble to receive payments under section 9006 ‘‘(iii) in the case of a notice under subpara- Act of 1971 (2 U.S.C. 441a(b)) is amended by and who receives contributions or makes ex- graph (A)(i), notify the national committee adding at the end the following new para- penditures with respect to the primary and of each political party (other than the polit- graph: general elections in an aggregate amount ical party with which the candidate is affili- ‘‘(3)(A) In the case of an eligible candidate, greater than 120 percent of the combined ex- ated) of the inapplicability of expenditure each of the limitations under clause (i) and penditure limitations applicable to eligible limits under section 315(d)(2) pursuant to (ii) of paragraph (1)(A) shall be increased— candidates under section 315(b)(1) of the Fed- subparagraph (C) thereof. ‘‘(i) by $50,000,000, if any nonparticipating eral Election Campaign Act of 1971 shall be ‘‘(2) GENERAL ELECTION CANDIDATES.— primary candidate of the same political entitled to an equal payment under section ‘‘(A) NOTIFICATION OF EXPENDITURES BY IN- party as such candidate receives contribu- 9006 in an amount equal to 100 percent of the ELIGIBLE CANDIDATES.—If a candidate in a tions or makes expenditures with respect to payment to which such candidate is entitled presidential election who is not eligible to the campaign in an aggregate amount great- under clause (i).’’. receive payments under section 9006 of the er than 120 percent of the expenditure limita- (2) EXCLUSION OF ADDITIONAL PAYMENT Internal Revenue Code of 1986 receives con- tion applicable to eligible candidates under FROM DETERMINATION OF EXPENDITURE LIM- tributions or makes expenditures with re- clause (i) or (ii) of paragraph (1)(A) (before ITS.—Section 315(b) of the Federal Election spect to the primary and general elections in the application of this clause), and Campaign Act of 1971 (2 U.S.C. 441a(b)), as an aggregate amount greater than 120 per- ‘‘(ii) by $100,000,000, if such nonpartici- amended by subsection (a), is amended by cent of the combined expenditure limitations pating primary candidate receives contribu- adding at the end the following new para- applicable to eligible candidates under sec- tions or makes expenditures with respect to graph: tion 315(b)(1), the candidate shall notify the the campaign in an aggregate amount great- ‘‘(4) In the case of a candidate who is eligi- Commission in writing that the candidate er than 120 percent of the expenditure limita- ble to receive payments under section has received aggregate contributions or tion applicable to eligible candidates under 9004(a)(1)(B) or 9004(a)(2)(A)(ii) of the Inter- made aggregate expenditures in such an

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amount not later than 24 hours after first re- ‘‘(1) IN GENERAL.—The Federal Election municipality, or any other person or entity ceiving aggregate contributions or making Commission shall conduct a program to in- spending funds in connection with such a aggregate expenditures in such an amount. form and educate the public regarding the convention, unless such funds— ‘‘(B) CERTIFICATION.—Not later than 24 purposes of the Presidential Election Cam- ‘‘(1) are not in excess of the amounts per- hours after receiving a written notice under paign Fund, the procedures for the designa- mitted with respect to contributions to the subparagraph (A), the Commission shall cer- tion of payments under this section, and the political committee established and main- tify to the Secretary of the Treasury for pay- effect of such a designation on the income tained by a national political party com- ment to any eligible candidate who is enti- tax liability of taxpayers. mittee under section 315; and tled to an additional payment under para- ‘‘(2) USE OF FUNDS FOR PROGRAM.—Amounts ‘‘(2) are not from sources prohibited by this graph (1)(B) or (2)(A)(ii) of section 9004(a) of in the Presidential Election Campaign Fund Act from making contributions in connec- the Internal Revenue Code of 1986 that the shall be made available to the Federal Elec- tion with an election for Federal office.’’. candidate is entitled to payment in full of tion Commission to carry out the program SEC. 10. DISCLOSURE OF BUNDLED CONTRIBU- the additional payment under such section.’’. under this subsection, except that the TIONS TO PRESIDENTIAL CAM- PAIGNS. SEC. 6. ESTABLISHMENT OF UNIFORM DATE FOR amount made available for this purpose may RELEASE OF PAYMENTS FROM PRES- not exceed $10,000,000 with respect to any (a) IN GENERAL.—Paragraphs (1) through IDENTIAL ELECTION CAMPAIGN Presidential election cycle. In this para- (3) of section 304(i) of the Federal Election FUND TO ELIGIBLE CANDIDATES. graph, a ‘Presidential election cycle’ is the 4- Campaign Act of 1971 (2 U.S.C. 434(i)) are amended to read as follows: (a) IN GENERAL.—The first sentence of sec- year period beginning with January of the ‘‘(1) IN GENERAL.— tion 9006(b) of the Internal Revenue Code of year following a Presidential election.’’. ‘‘(A) DISCLOSURE OF BUNDLED CONTRIBU- 1986 is amended to read as follows: ‘‘If the (e) EFFECTIVE DATE.—The amendments TIONS BY LOBBYISTS.—Each committee de- Secretary of the Treasury receives a certifi- made by this section shall take effect on the scribed in paragraph (6) shall include in the cation from the Commission under section date of the enactment of this Act. 9005 for payment to the eligible candidates of first report required to be filed under this SEC. 8. AMOUNTS IN PRESIDENTIAL ELECTION section after each covered period (as defined a political party, the Secretary shall, on the CAMPAIGN FUND. last Friday occurring before the first Mon- in paragraph (2)) a separate schedule setting (a) DETERMINATION OF AMOUNTS IN FUND.— forth the name, address, and employer of day in September, pay to such candidates of Section 9006(c) of the Internal Revenue Code the fund the amount certified by the Com- each person reasonably known by the com- of 1986 is amended by adding at the end the mittee to be a person described in paragraph mission.’’. following new sentence: ‘‘In making a deter- ONFORMING AMENDMENT.—The first (7) who provided 2 or more bundled contribu- (b) C mination of whether there are insufficient sentence of section 9006(c) of such Code is tions to the committee in an aggregate moneys in the fund for purposes of the pre- amended by striking ‘‘the time of a certifi- amount greater than the applicable thresh- vious sentence, the Secretary shall take into cation by the Comptroller General under sec- old (as defined in paragraph (3)) during the account in determining the balance of the tion 9005 for payment’’ and inserting ‘‘the covered period, and the aggregate amount of fund for a Presidential election year the Sec- time of making a payment under subsection the bundled contributions provided by each retary’s best estimate of the amount of mon- (b)’’. such person during the covered period. eys which will be deposited into the fund ‘‘(B) DISCLOSURE OF BUNDLED CONTRIBU- SEC. 7. REVISIONS TO DESIGNATION OF INCOME during the year, except that the amount of TIONS TO PRESIDENTIAL CAMPAIGNS.—Each TAX PAYMENTS BY INDIVIDUAL TAX- the estimate may not exceed the average of PAYERS. committee which is an authorized com- the annual amounts deposited in the fund (a) INCREASE IN AMOUNT DESIGNATED.—Sec- mittee of a candidate for the office of Presi- tion 6096(a) of the Internal Revenue Code of during the previous 3 years.’’. dent or for nomination to such office shall PECIAL RULE FOR FIRST CAMPAIGN 1986 is amended— (b) S include in the first report required to be filed CYCLE UNDER THIS ACT.— (1) in the first sentence, by striking ‘‘$3’’ under this section after each covered period (1) IN GENERAL.—Section 9006 of the Inter- each place it appears and inserting ‘‘$10’’; (as defined in paragraph (2)) a separate nal Revenue Code of 1986 is amended by add- and schedule setting forth the name, address, and ing at the end the following new subsection: (2) in the second sentence— employer of each person who provided 2 or ‘‘(d) SPECIAL AUTHORITY TO BORROW.— (A) by striking ‘‘$6’’ and inserting ‘‘$20’’; more bundled contributions to the com- ‘‘(1) IN GENERAL.—Notwithstanding sub- and mittee in an aggregate amount greater than section (c), there are authorized to be appro- (B) by striking ‘‘$3’’ and inserting ‘‘$10’’. the applicable threshold (as defined in para- priated to the fund, as repayable advances, (b) INDEXING.—Section 6096 of such Code is graph (3)) during the election cycle, and the amended by adding at the end the following such sums as are necessary to carry out the aggregate amount of the bundled contribu- new subsection: purposes of the fund during the period ending tions provided by each such person during ‘‘(d) INDEXING OF AMOUNT DESIGNATED.— on the first presidential election occurring the covered period and such election cycle. ‘‘(1) IN GENERAL.—With respect to each tax- after the date of the enactment of this sub- Such schedule shall include a separate list- able year after 2008, each amount referred to section. ing of the name, address, and employer of in subsection (a) shall be increased by the ‘‘(2) REPAYMENT OF ADVANCES.— each person included on such schedule who is percent difference described in paragraph (2), ‘‘(A) IN GENERAL.—Advances made to the reasonably known by the committee to be a except that if any such amount after such an fund shall be repaid, and interest on such ad- person described in paragraph (7), together increase is not a multiple of $1, such amount vances shall be paid, to the general fund of with the aggregate amount of bundled con- shall be rounded to the nearest multiple of the Treasury when the Secretary determines tributions provided by such person during $1. that moneys are available for such purposes such period and such cycle. ‘‘(2) PERCENT DIFFERENCE DESCRIBED.—The in the fund. ‘‘(2) COVERED PERIOD.—In this subsection, a percent difference described in this para- ‘‘(B) RATE OF INTEREST.—Interest on ad- ‘covered period’ means— graph with respect to a taxable year is the vances made to the fund shall be at a rate ‘‘(A) with respect to a committee which is percent difference determined under section determined by the Secretary of the Treasury an authorized committee of a candidate for 315(c)(1)(A) of the Federal Election Campaign (as of the close of the calendar month pre- the office of President or for nomination to Act of 1971 with respect to the calendar year ceding the month in which the advance is such office— during which the taxable year begins, except made) to be equal to the current average ‘‘(i) the 4-year election cycle ending with that the base year involved shall be 2008.’’. market yield on outstanding marketable ob- the date of the election for the office of the (c) ENSURING TAX PREPARATION SOFTWARE ligations of the United States with remain- President; and DOES NOT PROVIDE AUTOMATIC RESPONSE TO ing periods to maturity comparable to the ‘‘(ii) any reporting period applicable to the DESIGNATION QUESTION.—Section 6096 of such anticipated period during which the advance committee under this section during which Code, as amended by subsection (b), is will be outstanding and shall be compounded any person provided 2 or more bundled con- amended by adding at the end the following annually.’’. tributions to the committee; and new subsection: (2) EFFECTIVE DATE.—The amendment ‘‘(B) with respect to any other com- ‘‘(e) ENSURING TAX PREPARATION SOFTWARE made by this subsection shall take effect on mittee— DOES NOT PROVIDE AUTOMATIC RESPONSE TO the date of the enactment of this Act. ‘‘(i) the period beginning January 1 and DESIGNATION QUESTION.—The Secretary shall SEC. 9. REGULATION OF CONVENTION FINANC- ending June 30 of each year; promulgate regulations to ensure that elec- ING. ‘‘(ii) the period beginning July 1 and end- tronic software used in the preparation or Section 323 of the Federal Election Cam- ing December 31 of each year; and filing of individual income tax returns does paign Act of 1971 (2 U.S.C. 441i) is amended ‘‘(iii) any reporting period applicable to not automatically accept or decline a des- by adding at the end the following new sub- the committee under this section during ignation of a payment under this section.’’. section: which any person described in paragraph (7) (d) PUBLIC INFORMATION PROGRAM ON DES- ‘‘(g) NATIONAL CONVENTIONS.—Any person provided 2 or more bundled contributions to IGNATION.—Section 6096 of such Code, as described in subsection (e) shall not solicit, the committee in an aggregate amount amended by subsections (b) and (c), is receive, direct, transfer, or spend any funds greater than the applicable threshold. amended by adding at the end the following in connection with a presidential nominating ‘‘(3) APPLICABLE THRESHOLD.— new subsection: convention of any political party, including ‘‘(A) IN GENERAL.—In this subsection, the ‘‘(f) PUBLIC INFORMATION PROGRAM.— funds for a host committee, civic committee, ‘applicable threshold’ is—

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14795 ‘‘(i) $50,000 in the case of a committee to section 6 of this Act or section 35 of the (i) the assessment work requirement in which is an authorized committee of a can- Mineral Leasing Act (30 U.S.C. 192), as the section 2324 of the Revised Statutes (30 didate for the office of President or for nomi- case may be.’’. U.S.C. 28); and nation to such office; and (c) ROYALTY FOR HARDROCK MINING.—The (ii) the related filing requirements in sub- ‘‘(ii) $15,000 in the case of any other com- Revised Statutes are amended by inserting sections (a) and (c) of section 314 of the Fed- mittee. after section 2352 (30 U.S.C. 76) the following: eral Land Policy and Management Act of In determining whether the amount of bun- ‘‘SEC. 2353. RESERVATION OF ROYALTY. 1976 (43 U.S.C. 1744). dled contributions provided to a committee ‘‘(a) DEFINITION OF LOCATABLE MINERAL.— (C) WAIVER.— by a person exceeds the applicable threshold, In this section: (i) IN GENERAL.—The claim maintenance there shall be excluded any contribution ‘‘(1) IN GENERAL.—The term ‘locatable min- fee required under subparagraph (A) shall be made to the committee by the person or the eral’ means any mineral, the legal and bene- waived for a claimant who certifies in writ- person’s spouse. ficial title to which remains in the United ing to the Secretary that on the date the payment was due, the claimant and all re- ‘‘(B) INDEXING.—In any calendar year after States and that is not subject to disposition 2007, section 315(c)(1)(B) shall apply to each under— lated parties— amount applicable under subparagraph (A) in ‘‘(A) the Mineral Leasing Act (30 U.S.C. 181 (I) held not more than 10 mining claims, the same manner as such section applies to et seq.); mill sites, or tunnel sites, or any combina- tion of mining claims, mill sites, or tunnel the limitations established under sub- ‘‘(B) the Act of August 7, 1947 (commonly sites, on public land; and sections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of known as the ‘Mineral Leasing Act for Ac- (II) have performed assessment work re- such section, except that for purposes of ap- quired Lands’) (30 U.S.C. 351 et seq.); quired under section 2324 of the Revised plying such section to the amount applicable ‘‘(C) the Act of July 31, 1947 (commonly Statutes (30 U.S.C. 28) to maintain the min- under subparagraph (A), the ‘base period’ known as the ‘Materials Act of 1947’) (30 ing claims held by the claimant and all re- shall be 2006.’’. U.S.C. 601 et seq.); or lated parties for the assessment year ending (b) CONFORMING AMENDMENTS.—Subsection ‘‘(D) the Geothermal Steam Act of 1970 (30 on noon of September 1 of the calendar year (i) of section 304 of such Act (2 U.S.C. 434) is U.S.C. 1001 et seq.). in which payment of the claim maintenance amended— ‘‘(2) EXCLUSIONS.—The term ‘locatable min- fee was due. (1) in paragraph (5), by striking ‘‘described eral’ does not include any mineral that is (ii) DEFINITION OF ALL RELATED PARTIES.— in paragraph (7)’’ each place it appears in subject to a restriction against alienation In clause (i), with the respect to any claim- subparagraphs (C) and (D); imposed by the United States and is— ‘‘(A) held in trust by the United States for ant, the term ‘‘all related parties’’ means— (2) in paragraph (6), by inserting ‘‘(other (I) the spouse and dependent children (as than a candidate for the office of President any Indian or Indian tribe (as defined in sec- tion 2 of the Indian Mineral Development defined in section 152 of the Internal Rev- or for nomination to such office)’’ after enue Code of 1986), of the claimant; or ‘‘candidate’’; and Act of 1982 (25 U.S.C. 2101)); or ‘‘(B) owned by any Indian or Indian tribe (s (II) a person affiliated with the claimant, (3) in paragraph (8)(A)— including— (A) by striking ‘‘, with respect to a com- defined in section 2 of that Act). ‘‘(b) ROYALTY.—Except as otherwise pro- (aa) a person controlled by, controlling, or mittee described in paragraph (6) and a per- under common control with the claimant; or son described in paragraph (7),’’ and insert- vided in this section, production of all locatable minerals from any mining claim (bb) a subsidiary or parent company or cor- ing ‘‘, with respect to a committee described located under the general mining laws, or poration of the claimant. in paragraph (6) or an authorized committee mineral concentrates or products derived (D) ADJUSTMENT.— of a candidate for the office of President or from locatable minerals from any such min- (i) IN GENERAL.—Not less than 5 years after for nomination to such office,’’; ing claim, as the case may be, shall be sub- the date of enactment of this Act, and every (B) by striking ‘‘by the person’’ in clause ject to a royalty of 8 percent of the gross in- 5 years thereafter, or more frequently if the (i) thereof and inserting ‘‘by any person’’; come from mining. Secretary determines an adjustment to be and ‘‘(c) LIABILITY FOR PAYMENT.—The claim reasonable, the Secretary shall adjust the (C) by striking ‘‘the person’’ each place it holder or any operator to whom the claim claim maintenance fee required under sub- appears in clause (ii) and inserting ‘‘such holder has assigned the obligation to make paragraph (A) to reflect changes for the 12- person’’. royalty payments under the claim, and any month period ending the preceding Novem- (c) EFFECTIVE DATE.—The amendments person who controls the claim holder or op- ber 30 in the Consumer Price Index for All made by this section shall apply with respect erator, shall be liable for payment of royal- Urban Consumers published by the Bureau of to reports filed under section 304 of the Fed- ties under this section. Labor Statistics of the Department of Labor. eral Election Campaign Act of 1971 after Jan- ‘‘(d) ROYALTY FOR FEDERAL LAND SUBJECT (ii) NOTIFICATION.—Not later than July 1 of uary 1, 2009. TO EXISTING PERMIT.—The royalty under sub- any year in which an adjustment is made SEC. 11. REPEAL OF PRIORITY IN USE OF FUNDS section (b) shall be 4 percent in the case of under clause (i), the Secretary shall provide FOR POLITICAL CONVENTIONS. any Federal land that— claimants notice of the adjustment. (a) IN GENERAL.—Section 9008(a) of the In- ‘‘(1) is subject to an operations permit on (iii) APPLICATION.—A fee adjustment under ternal Revenue Code of 1986 is amended by the date of enactment of this section; and clause (i) shall be effective beginning Janu- striking the period at the end of the second ‘‘(2) produces valuable locatable minerals ary 1 of the calendar year following the cal- sentence and all that follows and inserting in commercial quantities on the date of en- endar year in which the adjustment is made. the following: ‘‘, except that the amount de- actment of this section. (2) LOCATION FEE.—Notwithstanding any posited may not exceed the amount available ‘‘(e) FEDERAL LAND ADDED TO EXISTING OP- other provision of law, for each unpatented after the Secretary determines that amounts ERATIONS PERMIT.—Any Federal land added mining claim, mill, or tunnel site located for payments under section 9006 and section through a plan modification to an operations during the period beginning on the date of 9037 are available for such payments.’’. permit that is submitted after the date of en- enactment of this Act and ending on Sep- (b) CONFORMING AMENDMENT.—The second actment of this section shall be subject to tember 30, 1998, the locator shall, at the time sentence of section 9037(a) of such Code is the royalty that applies to Federal land the location notice is recorded with the Bu- amended by striking ‘‘section 9006(c) and for under subsection (b). reau of Land Management, pay to the Sec- payments under section 9008(b)(3)’’ and in- ‘‘(f) DEPOSIT.—Amounts received by the retary a location fee, in addition to the fee serting ‘‘section 9006’’. United States as royalties under this section required by paragraph (1), of $50 per claim. SEC. 12. OFFSETS. shall be deposited into the general fund of (3) DEPOSIT.—Amounts received under (a) REMOVAL OF PROHIBITION ON INCREASING the Treasury.’’. paragraph (1) or (2) that are not otherwise al- FEES FOR PERMITS.—Section 365 of the En- (d) HARDROCK MINING CLAIM MAINTENANCE located for the administration of the mining ergy Policy Act of 2005 (42 U.S.C. 15924) is FEE.— laws by the Department of the Interior shall amended— (1) FEE.— be deposited into the general fund of the (1) by striking subsection (i); and (A) IN GENERAL.—Except as provided in sec- Treasury. (2) by redesignating subsection (j) as sub- tion 2511(e)(2) of the Energy Policy Act of (4) CO-OWNERSHIP.—The co-ownership pro- section (i). 1992 (30 U.S.C. 242(e)(2)), for each unpatented visions of section 2324 of the Revised Stat- (b) DISPOSAL OF MONEYS FROM SALES, BO- mining claim, mill, or tunnel site on feder- utes (30 U.S.C. 28) shall remain in effect ex- NUSES, RENTALS, AND ROYALTIES.—Section 20 ally owned land, whether located before, on, cept that the annual claim maintenance fee, of the Geothermal Steam Act of 1970 (30 or after enactment of this Act, each claim- if applicable, shall replace applicable assess- U.S.C. 1019) is amended to read as follows: ant shall pay to the Secretary, on or before ment requirements and expenditures. ‘‘SEC. 20. DISPOSAL OF MONEYS FROM SALES, BO- August 31 of each year, a claim maintenance (5) FAILURE TO PAY.—Failure to pay the NUSES, RENTALS, AND ROYALTIES. fee of $150 per claim to hold the unpatented claim maintenance fee required by para- ‘‘Subject to section 35 of the Mineral Leas- mining claim, mill, or tunnel site for the as- graph (1) shall conclusively constitute a for- ing Act (30 U.S.C. 192), all funds received sessment year beginning at noon on Sep- feiture of the unpatented mining claim, mill, from the sales, bonuses, royalties, and rent- tember 1. or tunnel site by the claimant and the claim als under this Act (including payments re- (B) RELATION TO OTHER LAW.—A claim shall be considered to be null and void by op- ferred to in section 6) shall be disposed of in maintenance fee described in subparagraph eration of law. the same manner as funds received pursuant (A) shall be in lieu of— (6) OTHER REQUIREMENTS.—

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(A) RELATION TO OTHER LAW.—Nothing in a primary election spending limit of about and/or general election grants, non-partici- this section changes or modifies the require- $45 million and a general election spending pating candidates must notify the FEC with- ments of subsections (b) or (c) of section limit of about $75 million (all of which was in 24 hours after receiving contributions or 314(b) of the Federal Land Policy and Man- public money). The bill sets a total primary making expenditures of greater than the ap- agement Act of 1976 (43 U.S.C. 1744). spending ceiling for participating candidates plicable 120 percent threshold. Within 24 (B) CONFORMING AMENDMENT.—Section 2324 in 2008 of $150 million, of which only $100 mil- hours of receiving such a notice, the FEC of the Revised Statutes of the United States lion can be spent before April 1. State by will inform candidates participating in the (30 U.S.C. 28) is amended by inserting ‘‘or state spending limits are eliminated. The system of their increased expenditure limits section 12(d)(1) of the Presidential Funding general election limit, which the major and will certify to the Secretary of the Act of 2007’’ after ‘‘Act of 1993,’’. party candidates will receive in public funds, Treasury that participating candidates are (e) GRAZING FEES.—Section 6(a) of the Pub- will be $100 million. eligible to receive additional payments. lic Rangelands Improvement Act of 1978 (43 (b) Spending limit for parties: Current law SECTION 6: ESTABLISHMENT OF UNIFORM DATE U.S.C. 1905) is amended by striking ‘‘the $1.23 provides a single coordinated spending limit FOR RELEASE OF PAYMENTS FROM PRESI- base’’ and all that follows through ‘‘previous for national party committees based on pop- DENTIAL ELECTIONS CAMPAIGN FUNDS TO ELI- year’s fee’’ and inserting ‘‘an amount deter- ulation. In 2004 that limit was about $15 mil- GIBLE CANDIDATES mined in the same manner as the State in lion. The bill provides two limits of $25 mil- Under current law, candidates partici- which the land is located determines the lion. The first applies after April 1 until a pating in the system for the general election amount of fees charged for public grazing on candidate is nominated. The second limit receive their grants of public money imme- land owned by the State, as determined by kicks in after the nomination. Any part of diately after receiving the nomination of the Secretary of Agriculture and the Sec- the limit not spent before the nomination their party, meaning that the two major par- retary of the Interior, as appropriate’’. can be spent after. In addition, the party co- ties receive their grants on different dates. (f) EFFECTIVE DATE.—The amendments ordinated spending limit is eliminated en- Under the bill, all candidates eligible to re- made by this section shall take effect on the tirely until the general election public funds ceive public money in the general election date of the enactment of this Act. are released if there is an active candidate would receive that money on the Friday be- from the opposing party who has exceeded SEC. 13. EFFECTIVE DATE. fore Labor Day, unless a candidate’s formal the primary spending limits by more than Except as otherwise provided in this Act, nomination occurs later. the amendments made by this Act shall 20%. apply with respect to elections occurring This will allow the party to support the SECTION 7: REVISIONS TO DESIGNATION OF IN- after January 1, 2009. presumptive nominee during the so-called COME TAX PAYMENTS BY INDIVIDUAL TAX- ‘‘gap’’ between the end of the primaries and PAYERS SECTION-BY-SECTION ANALYSIS the conventions. The entire cost of a coordi- The tax check-off is increased from $3 (in- SECTION 1: SHORT TITLE nated party communication is subject to the dividual) and $6 (couple) to $10 and $20. The limit if any portion of that communication amount will be adjusted for inflation, and SECTION 2: REVISIONS TO SYSTEM OF has to do with the presidential election. rounded to the nearest dollar, beginning in PRESIDENTIAL PRIMARY MATCHING PAYMENTS (c) Inflation adjustment: Party and can- 2009. (a) Matching Funds: Current law provides didate spending limits will be indexed for in- The IRS shall require by regulation that for a 1–to–1 match, where up to $250 of each flation, with 2008 as the base year. electronic tax preparation software does not individual’s contributions for the primaries (d) Fundraising expenses: Under the bill, automatically accept or decline the tax is matched with $250 in public funds. Under all the costs of fundraising by candidates are checkoff. The FEC is required to inform and the new matching system, individual con- subject to their spending limits. educate the public about the purpose of the tributions of up to $200 from each individual SECTION 5: ADDITIONAL PAYMENTS AND IN- Presidential Election Campaign Fund will be matched at a 4–to–1 ratio, so $200 in CREASED EXPENDITURES LIMITS FOR CAN- (‘‘PECF’’) and how to make a contribution. individual contribution can be matched with DIDATES PARTICIPATING IN PUBLIC FINANCING Funding for this program of up to $10 million $800 from public funds. WHO FACE CERTAIN NONPARTICIPATING OPPO- in a four year presidential election cycle, Candidates who remain in the primary race NENTS will come from the PECF. can also receive an additional 1-to-1 match SECTION 8: AMOUNTS IN PRESIDENTIAL ELECTION of up to $200 of contributions received after (a) Primary candidates: When a partici- CAMPAIGN FUND March 31 of a presidential election year. This pating candidate is opposed in a primary by additional match applies both to an initial a nonparticipating candidate who spends Under current law, in January of an elec- contribution made after March 31 and to con- more than 120 percent of the primary spend- tion year if the Treasury Department deter- tributions from individuals who already gave ing limit ($100 million prior to April 1 and mines that there are insufficient funds in the $200 or more prior to April 1. $150 million after April 1), the participating PECF to make the required payments to par- The bill defines ‘‘contribution’’ as ‘‘a gift candidate will receive a 5-to-1 match, instead ticipating primary candidates, the party of money made by a written instrument of a 4-to-l match for contributions of less conventions, and the general election can- which identifies the person making the con- than $200 per donor. That additional match didates, it must reduce the payments avail- tribution by full name and mailing address.’’ applies to all contributions received by the able to participating primary candidates and (b) Eligibility for matching funds: Current participating candidate both before and after it cannot make up the shortfall from any law requires candidates to raise $5,000 in the nonparticipating candidate crosses the other source until those funds come in. matchable contributions (currently $250 or 120 percent threshold. In addition, the par- Under the bill, in making that determination less) in 20 states. To be eligible for matching ticipating candidate’s primary spending the Department can include an estimate of funds under this bill, a candidate must raise limit is raised by $50 million when a non- the amount that will be received by the $25,000 of matchable contributions (up to $200 participating candidate spends more than PECF during that election year, but the esti- per individual donor) in at least 20 states. the 120 percent of either the $100 million (be- mate cannot exceed the past three years’ av- In addition, to receive matching funds in fore April 1) or $150 million (after April 1) erage contribution to the fund. This will the primary, candidates must pledge to limit. The limit is raised by another $50 mil- allow primary candidates to receive their apply for public money in the general elec- lion if the nonparticipating candidate spends full payments as long as a reasonable esti- tion if nominated and to not exceed the gen- more than 120 percent of the increased limit. mate of the funds that will come into the eral election spending limits. Thus, the maximum spending limit in the PECF that year will cover the general elec- (c) Timing of payments: Current law primary would be $250 million if an opposing tion candidate payments. The bill allows the makes matching funds available on January candidate has spent more than $240 million. Secretary of the Treasury to borrow the 1 of a presidential election year. The—bill (b) General election candidates: When a funds necessary to carry out the purposes of makes such funds available six months prior participating candidate is opposed in a gen- the fund during the first campaign cycle in to the first state caucus or primary. eral election by a nonparticipating candidate which the bill is in effect. SECTION 3: REQUIRING PARTICIPATION IN PRI- who spends more than 120 percent of the SECTION 9: REGULATION OF CONVENTION MARY PAYMENT SYSTEM AS CONDITION OF combined primary and general election FINANCING spending limits, the participating candidate ELIGIBILITY FOR GENERAL ELECTIONS PAY- Federal candidates and officeholders are shall receive an additional grant of public MENTS prohibited from raising or spending soft money equal to the amount provided for that Currently, candidates can participate in ei- money in connection with a nominating con- election—$100 million in 2008. Minor party ther the primary or the general election pub- vention of any political party, including candidates are also eligible for an additional lic financing system, or both. Under the bill, funds for a host committee, civic committee, grant equal to the amount they otherwise re- a candidate must participate in the primary or municipality. ceive (which is based on the performance of matching system in order to be eligible to that party in the previous presidential elec- SECTION 10: DISCLOSURE OF BUNDLED receive public funds in the general election. tion). CONTRIBUTIONS SECTION 4: REVISIONS TO EXPENDITURE LIMITS (c) Reporting and Certification: In order to This section builds on the bundling disclo- (a) Spending limits for candidates: In 2004, provide for timely determination of a par- sure provision of the Honest Leadership and under current law, candidates participating ticipating candidate’s eligibility for in- Open Government Act of 2007 (‘‘HLOGA’’) to in the public funding system had to abide by creased spending limits, matching funds, require presidential campaigns to disclose

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14797 the name, address, and employer of all indi- that cost will be incurred in delivering lic are wary of taxpayer-supported viduals or groups that bundle contributions messages to the electorate through ad- funding for Presidential candidates. I totaling more than $50,000 in the four year vertising and publications of all sorts. can only respond that the alternative— election cycle. Individuals who are reg- One billion dollars is a huge sum. Yet a complete reliance on private con- istered lobbyists would have to be separately identified. HLOGA’s definition of bundling we cannot expect modern campaigns to tributions—is worse. would apply to bundling disclosure by the be run on budgets that might have suf- I would also reassure doubters that presidential candidates, and no change is ficed for William McKinley, whose suc- this bill is no giveaway or an induce- made to the requirements of HLOGA with re- cessful 1896 campaign relied heavily on ment to fringe candidates of narrow ap- spect to congressional campaigns. speeches from his front porch in Can- peal. Its provisions are predicated upon SECTION 11: REPEAL OF PRIORITY IN USE OF ton, Ohio, to admirers who came by matches for individual contributions, FUNDS FOR POLITICAL CONVENTIONS train to hear him. This idyllic but lim- not absolute grants, and it requires Current law gives the political parties pri- ited approach to campaigning is long achieving significant levels of indi- ority on receiving the funds they are entitled gone. vidual contributions in at least 20 to from the PECF. This means that parties Unless we wish to return to the cro- States. get money for their conventions even if ade- nyism, influence peddling, and re- We all understand that the current quate funds are not available for partici- stricted suffrage of the 19th century, system of public funding for campaigns pating candidates. This section would make large expenditures on broadcasting and has defects. The growing inclination of funds available for the conventions only if candidates to opt out of the system un- all participating candidates have received other media are essential for any cam- the funds to which they are entitled. paign that hopes to prevail. That finan- derscores that fact. The Presidential Funding Act of 2007 would cure some SECTION 12: OFFSET cial fact obliges candidates to spend a great deal of time appearing at exclu- serious problems and help restore the This section provides an offset for the in- appeal of public funding. creased cost of the presidential public fund- sive, big-ticket fundraisers. ing system. The total increased cost is esti- To allow candidates to spend less If enacted, this bill would take effect mated to be $365 million over four years. The time raising money, Congress estab- in January 2009. By moving toward vir- bill (1) authorizes the Bureau of Land Man- lished a system of public funding for tually full realization of Theodore Roo- agement to implement new user fees for Presidential campaigns that started sevelt’s ‘‘very radical measure,’’ we can processing oil and gas permits; (2) increases with the 1976 Presidential election. take a big step toward making the fi- the yearly maintenance fee and one-time lo- That system has not been substantially nancing, the conduct, and the outcome cation fee for holders of more than 10 mining of the 2012 presidential campaign a gen- claims on federal land to $150 and $50 per changed since 1984, and its limitations have only become more evident with uine source of pride for American citi- claim, respectively, and imposes a 4% roy- zens of all political affiliations. alty on the gross income from mining on ex- time. isting claims; and (3) uses state formulas to The central problem is that the sys- By Mr. ENZI (for himself and set federal grazing fees. tem does not provide enough public Mrs. FEINSTEIN): SECTION 13: EFFECTIVE DATE funds to permit a credible contest S. 2413. A bill to provide death and Provides that the amendments will apply against well-bankrolled candidates who disability benefits for aerial fire- to presidential elections occurring after Jan- have opted out of the public-financing fighters who work on a contract basis uary 1, 2009. system. for a public agency and suffer death or Ms. COLLINS. Mr. President. I rise In November 2003, Governor Dean an- disability in the line of duty, and for to join my friend from Wisconsin, Sen- nounced that he would opt out of pub- other purposes; to the Committee on ator FEINGOLD, in introducing the Pres- lic financing, saying ‘‘floods of special- the Judiciary. idential Funding Act of 2007. interest money have forced us to aban- Mr. ENZI. Mr. President, the 2007 fire It was 100 years ago that the re- don a broken system.’’ Senator KERRY season was one of the worst in recent former President Theodore Roosevelt also felt obliged to opt out so that he history. Millions of acres burned across proposed ‘‘a very radical measure’’ in could lend his campaign $6 million America. The fires destroyed homes, his State of the Union message to Con- rather than be restricted to the use of and their damage is estimated in the gress. He envisioned a system of cam- $50,000 in personal funds. hundreds of millions of dollars. These paign financing that would include a Citing Senator Dole’s campaign in fires would have been worse, if not for congressional appropriation to support 1996, Senator MCCAIN’s campaign in the skill and bravery of the aerial fire- national campaigns so that, as he said, 2000, and Senator EDWARDS’s campaign fighters who risked their lives to fight ‘‘The need for collecting large cam- in 2004, the League of Women Voters them. paign funds would vanish.’’ has spoken of the public system’s ‘‘dev- Aerial firefighters take on the dan- When the campaign financing re- il’s bargain’’ for candidates: ‘‘To get gerous tasks of maneuvering aerial ve- forms of the 1970s were enacted, it was matching funds, they have to accept a hicles in and out of fire zones. Each hoped that we would draw closer to spending limit that will leave them time they step in a plane, their life is achieving Theodore Roosevelt’s goal of bankrupt if the contest continues into at risk. Unfortunately, while we expect funding the pursuit of our highest pub- March. . . . With the underdogs boxed aerial firefighters to risk their lives to lic office largely from public rather in by the limits, the frontrunners, and help control fires, we refuse to provide than private funds. others who can afford it, have addi- their families with the knowledge that Our Presidential-campaign finance tional incentive to opt out.’’ they will be made financially whole if system still suffers from serious de- The bill we introduce today would their husband or wife dies in the line of fects, however, and current events are make a number of important changes. duty. dramatically highlighting the need for The key provisions of the Presi- This is because aerial firefighters do continued reform and improvement. dential Funding Act of 2007 would in- not qualify for death benefits under the The current Presidential campaign is crease the public match for primary- Public Safety Officers’ Benefit, PSOB, already shaping up as the most expen- season contributions, make funds program, which provides financial and sive election in history by far. Can- available earlier in the contest, tie the educational benefits to individuals didate after candidate has chosen to availability of public funding during serving a public safety agency in an of- forego public funds due to fundamental the general-election campaign to a ficial capacity, on a paid or volunteer flaws in the system. Fund-raising tal- candidate’s using it during the primary basis. Currently, those receiving bene- lies have already shattered records. If a season, provide additional funds if a fits include, but are not limited to, law candidate decides to seek public fund- non-publicly funded opponent spends enforcement officers, firefighters, ing, he or she risks running out of heavily, and update spending limits to emergency medical technicians, ambu- funds to counter candidates who can more realistic levels. lance crew members, and corrections attract large amounts of private con- All of these steps represent sensible officers. tributions. and useful improvements in the cam- Senator FEINSTEIN and I say that Current estimates are that the 2008 paign-finance system. these pilots do the same work and take contest for the Presidency of the U.S. I recognize that some of our col- on the same risks as other public safe- will cost more than $1 billion. Much of leagues and some members of the pub- ty officers. They should get the same

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14798 CONGRESSIONAL RECORD — SENATE December 5, 2007 benefits. That is the reason that we At the time of his death, Larry Groff strategy to address the vulnerabilities have introduced the Aerial Firefighter had been flying a State-operated air of women and girls in countries for Relief Act of 2007. This important legis- tanker. He was wearing a California which the United States provides as- lation will remedy this problem and Department of Forestry uniform. And sistance to combat HIV/AIDS, and for makes aerial firefighters eligible for after his death, the California agency other purposes; to the Committee on death benefits. for which he had worked issued an Foreign Relations. The Department of Justice’s Bureau opinion stating that he was an offi- Mrs. CLINTON. Mr. President, today of Justice Assistance, BJA, the agency cially recognized member of that agen- I rise to introduce the Protection that administers the PSOB, has ruled cy. But he was also a contract em- Against Transmission of HIV for that aerial pilots are ineligible because ployee. Women and Youth, PATHWAY, Act of they are contractors and not employed Because of that, Ms. Wells-Groff’s 2007, legislation that is a companion to directly by the federal and state agen- PSOB claim was initially denied by the the bill introduced by Representative cies involved in wildland fire manage- Bureau of Justice Affairs, based on its BARBARA LEE. ment and suppression. The 1980 official opinion that contract employees can- Women and girls account for about finding that prohibits the pilots and not qualify for PSOB benefits. Ms. half of the 33 million infections world- their families from receiving benefits Wells-Groff then appealed, and she wide. But in the places that are hardest states that pilots are not ‘‘a ‘public later convinced a trial court that de- hit by epidemic, AIDS has a dispropor- safety officer’ as this term is defined in spite being a contract employee, her tionate impact upon women. In sub-Sa- the PSOB ACT because [they are] not husband had held a ‘‘similar relation- haran Africa, women account for more serving a public agency in an official ship of performing services as part of a than 60 percent of those living with capacity . . . as a fireman.’’ public agency,’’ thereby qualifying him HIV/AIDS. Young women account for 3 Unfortunately, pilots also often do as a ‘‘public safety officer’’ entitled to out of every 4 new HIV infections not receive benefits from their employ- PSOB benefits. among sub-Saharan youth. Our preven- ers. Federal agencies outsource air Unfortunately, on July 3, the U.S. tion messages are not reaching youth— tanker missions to the lowest-cost pri- Court of Appeals for the Federal Cir- in studies completed in 17 countries in vate operators who do not provide ben- cuit reversed that decision. The appel- 2003, more than 75 percent of the young efits to keep their costs down. Some late court agreed that Mr. Groff’s facts women surveyed could not identify companies do offer a minimal amount might fall within the applicable regula- ways to protect themselves against of life insurance. However, it is expen- tion’s key definition of a ‘‘similar rela- HIV infection. sive, both for the pilot and the con- tionship’’ but it said that the question Clearly, we need to do more to stem tractor. In the ‘‘low cost’’ competitive of whether he had met this standard the rising tide of HIV infection in bid situation they are in, the contrac- was not entirely clear and that it women, particularly in sub-Saharan tors cannot afford to add more ex- would defer to the Government’s nar- Africa. But what doing more requires is penses to the payroll or they reduce row interpretation of that language, an examination of the factors that con- their chances of winning a fire suppres- absent further clarification from Con- tribute to women’s vulnerability to sion contract—and go out of business. gress. HIV infection. There are links between Other forms of life insurance are also Following this decision, Ms. Wells- gender-based violence and increased difficult to obtain because of the dan- Groff petitioned the Supreme Court to risk for HIV infection, links between gerous nature of aerial firefighting. lack of education and economic oppor- It is common sense legislation that take her case. However, it is unclear if tunity and increased risk for HIV infec- deserves the support of my colleagues, the Court will hear the case, let alone decide in her favor. So today, I want to tion, links between human trafficking and I am pleased to have Senator FEIN- and sexual exploitation and increased STEIN as an original cosponsor. In the go on record to support the policy that risk for HIV infection. coming months, I look forward to these contract employees should be en- Unfortunately, our current policies working with the appropriate commit- titled to the same PSOB benefits as do not allow us to take these factors tees to move this legislation forward so other injured firefighters and volun- into account. The law governing fund- that our brave aerial firefighters can teers. ing of the President’s Emergency Plan take to the skies knowing that their The bill that Senator ENZI is intro- for AIDS Relief, PEPFAR, requires 1⁄3 families will be taken care of if they ducing and that I am pleased to co- of all prevention funding to be spent on pass away taking care of our country. sponsor will make it clear that sur- Mrs. FEINSTEIN. Mr. President, vivors of aerial firefighters like Larry abstinence-until-marriage programs. In today I am pleased to cosponsor Sen- Groff who make the ultimate sacrifice addition, a 2005 guidance from the Of- ator ENZI’s Aerial Firefighter Relief should qualify for PSOB benefits. In fice of the Global AIDS Coordinator Act of 2007. addition, this legislation will clarify found that countries were directed to On August 27, 2001, a California pilot that the district court was right in the spend half of their prevention funds on named Larry Groff took off from Ukiah Wells-Groff case. Brave firefighters sexual transmission prevention, with a in State Air Tanker 87, doing what he like Larry Groff, who regularly put full 2⁄3 of that funding to be spent on loved, flying and fighting fires. their lives on the line in officially ‘‘abstinence and be faithful’’ programs, Like thousands of contract fire- sanctioned aerial firefighting activities rather than comprehensive HIV preven- fighters hired by the Government, he to protect us, do this country a great tion education efforts. figured that if anything ever happened service. More than 40 percent of women in Af- to him, his family would be taken care This bill will clarify that when actu- rica and South Asia are married before of. But that day, while maneuvering ally up in the air carrying out official the age of 18. Directing funding to ab- above a north coast fire started by a firefighting missions, contract employ- stinence-until-marriage programs fails couple of Hells Angels who had blown ees will be deemed to hold a ‘‘similar to address their needs. Exhorting them up their methamphetamine lab, Larry relationship of performing services as to ‘‘be faithful’’ in relationships where Groff died in a midair collision. part of a public agency’’—and meet the they may not have control over their Faced with the prospect of raising regulatory standard already in place— partners’ behavior is short-sighted. their 6 children alone, his widow, so that they are covered by the PSOB Making it the official policy of the U.S. Christine Wells-Groff, filed a claim laws, and their survivors can receive Government to restrict funding for ef- under the Public Safety Officers’ Ben- the benefits they need and deserve. forts that could help these women efit Program. This PSOB Program pro- I urge my colleagues to support this learn about female-controlled preven- vides a lump-sum payoff to survivors of legislation. tion methods is unconscionable. any ‘‘public safety officer,’’ a term In 2003, President Bush pledged to which can include not only actual gov- By Mr. REID (for Mrs. CLINTON): prevent 7 million new HIV infections ernment employees but also any volun- S. 2415. A bill to require the Presi- through PEPFAR. But we cannot let teer or any person acting in a ‘‘similar dent and the Office of the Global AIDS that promise go unmet due to ideology. relationship of performing services as Coordinator to establish a comprehen- The legislation I am introducing part of a public agency.’’ sive and integrated HIV prevention today will lift restrictions on funding

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14799 for our prevention efforts. It will also tain products from a particular coun- Mr. President, I ask unanimous con- require the President to develop and try. sent that the text of the bill be printed implement a coordinated, comprehen- The ways in which these companies, in the RECORD. sive HIV strategy to address gender importers, and individuals circumvent There being no objection, the text of disparities in HIV infection, with a the system can happen in any number the bill was ordered to be printed in focus on the stigma surrounding HIV, of ways. Many times smuggled prod- the RECORD, as follows: the links between gender-based vio- ucts are intentionally mislabeled and S. 2418 bear the identification of a product lence and HIV infection, the ways in Be it enacted by the Senate and House of Rep- which increasing educational and eco- that can legally enter the country. resentatives of the United States of America in nomic opportunities for women can Other times, smuggled products gain Congress assembled, prevent HIV infection, and ways in import entry through falsifying the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. which to improve access to female-con- products’ countries of origin. And, (a) SHORT TITLE.—This Act may be cited as trolled prevention methods. This strat- many times, products that have pre- the ‘‘Ending Agricultural Threats: Safe- egy is a step forward—one that can en- viously been denied entry are later guarding America’s Food for Everyone (EAT sure that the disproportionate risks ‘‘shopped around,’’ that is, presented to SAFE) Act of 2007’’. faced by too many women are taken another U.S. port of entry in the effort (b) TABLE OF CONTENTS.—The table of con- tents of this Act is as follows: into account in our global AIDS ef- to gain importation undetected. forts. Just some examples of prohibited Sec. 1. Short title; table of contents. Sec. 2. Findings. I look forward to working with my products discovered in commerce in the United States in recent years in- Sec. 3. Definitions. colleagues to ensure that women’s vul- Sec. 4. Food safety training, personnel, and nerability to HIV infection is addressed clude duck parts from Vietnam and poultry products from China, both na- coordination. as we work to reauthorize PEPFAR. Sec. 5. Reporting of smuggled food products. tions with confirmed human cases of Sec. 6. Civil penalties relating to illegally By Mr. CASEY (for himself, Mr. avian influenza; unpasteurized raw imported meat and poultry GRASSLEY, and Mrs. FEINSTEIN): cheeses from Mexico containing a bac- products. S. 2418. A bill to ensure the safety of terium that causes tuberculosis; straw- Sec. 7. Certification of food safety labs. imported food products for the citizens berries from Mexico contaminated with Sec. 8. Data sharing. of the United States, and for other pur- hepatitis A; and mislabeled puffer fish Sec. 9. Public notice regarding recalled food poses; to the Committee on Agri- from China containing a potentially products. Sec. 10. Foodborne illness education and culture, Nutrition, and Forestry. deadly toxin. These smuggled food and agriculture products present safety outreach competitive grants Mr. CASEY. Mr. President, I rise program. risks to our food, plants, and animals, today to introduce the EAT SAFE Act SEC. 2. FINDINGS. and pose a threat to our Nation’s of 2007. I am pleased to be joined by my Congress finds that— colleague on the Agriculture Com- health, economy, and security. (1) the safety of the food supply of the mittee, Senator GRASSLEY, to intro- The EAT SAFE Act addresses these United States is vital to— duce this important piece of food safe- serious risks by applying commonsense (A) the health of the citizens of the United ty legislation. measures to protect our food and agri- States; As we have all seen this past year, in cultural supply. This legislation au- (B) the preservation of the confidence of the wake of massive recalls of pet food thorizes funding for the U.S. Depart- those citizens in the food supply of the ment of Agriculture and the Food and United States; and manufactured using contaminated Chi- (C) the success of the food sector of the nese gluten and consumer warnings Drug Administration to bolster their efforts by hiring additional personnel United States economy; about the safety of various imported (2) the United States has the safest food food products, ensuring the safety of to detect and track smuggled products. supply in the world, and maintaining a se- food products and food ingredients It also authorizes funding to provide cure domestic food supply is imperative for being brought into this country from food safety cross training for Homeland the national security of the United States; other nations has taken on a greater Security Agricultural Specialists and (3) in a report published by the Govern- urgency. agricultural cross training for Cus- ment Accountability Office in January 2007, A report issued in September by the toms’ Border Patrol Agents to ensure the Comptroller General of the United States that those men and women working on described food safety oversight as 1 of the 29 President’s Interagency Working high-risk program areas of the Federal Gov- Group on Import Safety acknowledged the front lines are knowledgeable about these serious food and agricul- ernment; and that ‘‘aspects of our present import (4) the task of preserving the safety of the tural threats. system must be strengthened to pro- food supply of the United States is com- In addition to focusing on increased mote security, safety, and trade for the plicated by pressures relating to— personal and training, the EAT SAFE benefit of American consumers.’’ The (A) food products that are smuggled or im- Act also seeks to increase importer ac- EAT SAFE Act that we are introducing ported into the United States without being countability. The legislation requires today is designed to address one of screened, monitored, or inspected as required private laboratories conducting tests by law; and those critical aspects of the food and on FDA-regulated products on behalf of (B) the need to improve the enforcement of agricultural import system that, in the importers to apply for and be certified the United States in reducing the quantity face of the mounting imported food by FDA. It also imposes civil penalties of food products that are— safety crisis, has received little public for laboratories or importers who (i) smuggled into the United States; and (ii) imported into the United States with- focus. That issue is food and other agri- knowingly or conspire to falsify im- cultural products that are being smug- out being screened, monitored, or inspected ported product laboratory sampling as required by law. gled into the U.S. and for importers who circumvent the When many people think of food SEC. 3. DEFINITIONS. USDA import reinspection system. In this Act: smuggling, they likely think of it as Finally, the EAT SAFE Act will also something that occurs when travelers (1) ADMINISTRATION.—The term ‘‘Adminis- ensure increased public awareness of tration’’ means the Food and Drug Adminis- attempt to bring small amounts of for- smuggled products, as well as recalled tration. eign food or agricultural products into food products, by requiring the USDA (2) ADMINISTRATOR.—The term ‘‘Adminis- the U.S. by concealing it in their vehi- and FDA to provide this information to trator’’ means the Administrator of the Ani- cles, luggage, or other personal affects. the public in a timely and easily mal and Plant Health Inspection Service. While this type of smuggling is unques- searchable manner. (3) DEPARTMENT.—The term ‘‘Department’’ tionably a problem that U.S. authori- These commonsense measures are an means the Department of Agriculture. ties must and do address, the larger important first step towards safe- (4) FOOD DEFENSE THREAT.—The term ‘‘food threat of smuggled food and agricul- defense threat’’ means any intentional con- guarding Americans’ food and agricul- tamination, including any disease, pest, or tural products comes from the compa- tural supply and ensuring our Nation’s poisonous agent, that could adversely affect nies, importers, and individuals who health, economy, and security. the safety of human or animal food products. circumvent U.S. inspection require- I urge all of my colleagues to support (5) SMUGGLED FOOD PRODUCT.—The term ments or restrictions on imports of cer- this legislation. ‘‘smuggled food product’’ means a prohibited

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human or animal food product that a person (c) COORDINATION OF FEDERAL AGENCIES.— SEC. 6. CIVIL PENALTIES RELATING TO ILLE- fraudulently brings into the United States. Section 411(b) of the Homeland Security Act GALLY IMPORTED MEAT AND POUL- TRY PRODUCTS. (6) SECRETARY.—The term ‘‘Secretary’’ of 2002 (6 U.S.C. 211(b)) is amended by adding (a) MEAT PRODUCTS.—Section 20(b) of the means the Secretary of Agriculture. at the end the following: SEC. 4. FOOD SAFETY TRAINING, PERSONNEL, Federal Meat Inspection Act (21 U.S.C. ‘‘(4) COORDINATION OF FEDERAL AGENCIES.— 620(b)) is amended— AND COORDINATION. The Commissioner of United States Customs (a) DEPARTMENT.— (1) by striking ‘‘(b) The Secretary’’ and in- and Border Protection, in coordination with serting the following: (1) TRAINING PROGRAMS.— the Secretary of Agriculture and the Com- ‘‘(b) DESTRUCTION; CIVIL PENALTIES.— (A) AGRICULTURAL SPECIALISTS.— missioner of Food and Drugs, shall conduct (i) ESTABLISHMENT.—The Secretary shall ‘‘(1) DESTRUCTION.—The Secretary’’; and activities to target, track, and inspect ship- establish training programs to educate each (2) by adding at the end the following: ments that— Federal employee who is employed in a posi- ‘‘(2) CIVIL PENALTIES.—Each individual or ‘‘(A) contain human and animal food prod- tion described in section 421(g) of the Home- entity that fails to present each meat article ucts; and land Security Act of 2002 (6 U.S.C. 231(g)) on that is the subject of the importation of the ‘‘(B) are imported into the United States.’’. issues relating to food safety and individual or entity to an inspection facility agroterrorism. SEC. 5. REPORTING OF SMUGGLED FOOD PROD- approved by the Secretary shall be liable for (ii) AUTHORIZATION OF APPROPRIATIONS.— UCTS. a civil penalty assessed by the Secretary in There is authorized to be appropriated to an amount not to exceed $25,000 for each (a) DEPARTMENT.— carry out this subparagraph $1,700,000. meat article that the individual or entity (1) PUBLIC NOTIFICATION.— (B) CROSS-TRAINING OF EMPLOYEES OF fails to present to the inspection facility.’’. (A) IN GENERAL.—Not later than 3 days UNITED STATES CUSTOMS AND BORDER PROTEC- (b) POULTRY PRODUCTS.—Section 12 of the after the date on which the Department TION.— Poultry Products Inspection Act (21 U.S.C. identifies a smuggled food product, the Sec- (i) ESTABLISHMENT.—The Secretary shall 461) is amended— retary shall provide to the public notifica- establish training programs to educate bor- (1) by striking the section heading and all tion describing the food product identified der patrol agents employed by the United that follows through ‘‘(a) Any person’’ and by the Department and, if available, the in- States Customs and Border Protection of the inserting the following: dividual or entity that smuggled the food Department of Homeland Security about ‘‘SEC. 12. PENALTIES. product. identifying human, animal, and plant health ‘‘(a) PENALTIES RELATING TO THE VIOLATION (B) REQUIRED FORMS OF NOTIFICATION.—The threats and referring the threats to the ap- OF CERTAIN SECTIONS.— Secretary shall provide public notification propriate agencies. ‘‘(1) IN GENERAL.—Any person’’; and under subparagraph (A) through— (ii) AUTHORIZATION OF APPROPRIATIONS.— (2) in subsection (a) (as amended by para- There is authorized to be appropriated to (i) a news release of the Department for graph (1)), by adding at the end the fol- carry out this subparagraph $4,800,000. each smuggled food product identified by the lowing: Department; (2) ILLEGAL IMPORT DETECTION PER- ‘‘(2) FAILURE TO PRESENT POULTRY PROD- (ii) a description of each smuggled food SONNEL.—Subtitle G of the Department of UCTS AT DESIGNATED INSPECTION FACILITIES.— Agriculture Reorganization Act of 1994 (7 product on the website of the Department; Each individual or entity that fails to U.S.C. 6981 et seq.) is amended by adding at (iii) the management of a periodically up- present each poultry product that is the sub- the end the following: dated list that contains a description of each ject of the importation of the individual or ‘‘SEC. 263. FOOD SAFETY PERSONNEL AND TRAIN- individual or entity that smuggled the food entity to an inspection facility approved by ING. product identified by the Secretary under the Secretary shall be liable for a civil pen- ‘‘(a) ADDITIONAL EMPLOYEES.—Not later subparagraph (A); and alty assessed by the Secretary in an amount than 2 years after the date of enactment of (iv) any other appropriate means, as deter- not to exceed $25,000 for each poultry product the Ending Agricultural Threats: Safe- mined by the Secretary. that the individual or entity fails to present guarding America’s Food for Everyone (EAT (2) NOTIFICATION TO DEPARTMENT OF HOME- to the inspection facility.’’. SAFE) Act of 2007, the Secretary shall hire a LAND SECURITY.—Not later than 30 days after (c) EGG PRODUCTS.—Section 12 of the Egg sufficient number of employees to increase the date on which the Department identifies Products Inspection Act (21 U.S.C. 1041) is the number of full-time field investigators, a smuggled food product, the Secretary shall amended— import surveillance officers, support staff, provide to the Department of Homeland Se- (1) by striking the section heading and all analysts, and compliance and enforcement curity notification of the smuggled food that follows through ‘‘(a) Any person’’ and experts employed by the Food Safety and In- product. inserting the following: spection Service as of October 1, 2007, by 100 (b) ADMINISTRATION.— ‘‘SEC. 12. PENALTIES. employees, in order to— (1) PUBLIC NOTIFICATION.— ‘‘(a) PENALTIES RELATING TO THE VIOLATION ‘‘(1) provide additional detection of food (A) IN GENERAL.—Not later than 3 days OF CERTAIN PROHIBITED ACTIONS.— defense threats; after the date on which the Administration ‘‘(1) IN GENERAL.—Any person’’; and ‘‘(2) detect, track, and remove smuggled identifies a smuggled food product, the Sec- (2) in subsection (a) (as amended by para- human food products from commerce; and retary of Health and Human Services shall graph (1)), by adding at the end the fol- ‘‘(3) impose penalties on persons or organi- provide to the public notification describing lowing: zations that threaten the food supply. the smuggled food product identified by the ‘‘(2) FAILURE TO PRESENT EGG PRODUCTS AT ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— DESIGNATED INSPECTION FACILITIES.—Each in- There is authorized to be appropriated to Administration and, if available, the indi- dividual or entity that fails to present each carry out this section $10,000,000.’’. vidual or entity that smuggled the food prod- (b) ADMINISTRATION.—Chapter IV of the uct. egg product that is the subject of the impor- Federal Food, Drug, and Cosmetic Act (21 (B) REQUIRED FORMS OF NOTIFICATION.—The tation of the individual or entity to an in- U.S.C. 341 et seq.) is amended by adding at Secretary of Health and Human Services spection facility approved by the Secretary the end the following: shall provide public notification under sub- shall be liable for a civil penalty assessed by ‘‘SEC. 417. FOOD SAFETY PERSONNEL AND TRAIN- paragraph (A) through— the Secretary in an amount not to exceed ING. (i) a press release of the Administration for $25,000 for each egg product that the indi- ‘‘(a) IN GENERAL.—Not later than 2 years each smuggled food product identified by the vidual or entity fails to present to the in- after the date of enactment of the Ending Administration; spection facility.’’. Agricultural Threats: Safeguarding Amer- (ii) a description of each smuggled food SEC. 7. CERTIFICATION OF FOOD SAFETY LABS; ica’s Food for Everyone (EAT SAFE) Act of product on the website of the Administra- SUBMISSION OF TEST RESULTS. 2007, the Administration shall hire a suffi- tion; (a) IN GENERAL.—Chapter IV of the Federal cient number of employees to increase the (iii) the management of a periodically up- Food, Drug, and Cosmetic Act (21 U.S.C. 341 number of full-time field investigators, im- dated list that contains a description of each et seq.), as amended by section 4(b), is port surveillance officers, support staff, ana- individual or entity that smuggled the food amended by adding at the end the following: lysts, and compliance and enforcement ex- product identified by the Secretary of Health ‘‘SEC. 418. CERTIFICATION OF FOOD SAFETY perts employed by the Administration as of and Human Services under subparagraph (A); LABS; SUBMISSION OF TEST RE- October 1, 2007, by 150 employees, in order and SULTS. to— (iv) any other appropriate means, as deter- ‘‘(a) DEFINITION OF FOOD SAFETY LAB.—In ‘‘(1) provide additional detection of food mined by the Secretary of Health and this section, the term ‘food safety lab’ means defense threats; Human Services. an establishment that conducts testing, on ‘‘(2) detect, track, and remove smuggled (2) NOTIFICATION TO DEPARTMENT OF HOME- behalf of an importer through a contract or food products from commerce; and LAND SECURITY.—Not later than 30 days after other arrangement, to ensure the safety of ‘‘(3) impose penalties on persons or organi- the date on which the Administration identi- articles of food. zations that threaten the food supply. fies a smuggled food product, the Secretary ‘‘(b) CERTIFICATION REQUIREMENT.— ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— of Health and Human Services shall provide ‘‘(1) IN GENERAL.—A food safety lab shall There is authorized to be appropriated to to the Department of Homeland Security no- submit to the Secretary an application for carry out this section $15,000,000.’’. tification of the smuggled food product. certification. Upon review, the Secretary

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14801 may grant or deny certification to the food and Human Services, including the Centers (C) not later than 90 days after the date of safety lab. for Disease Control and Prevention and the enactment of this Act, a search engine ‘‘(2) CERTIFICATION STANDARDS.—The Sec- Food and Drug Administration, to ensure the that— retary shall establish criteria and meth- timely and efficient sharing of all informa- (i) is consumer-friendly, as determined by odologies for the evaluation of applications tion collected by such agencies related to the Secretary of Health and Human Services; for certification submitted under paragraph foodborne pathogens, contaminants, and ill- and (1). Such criteria shall include the require- nesses. (ii) provides a means by which an indi- ments that a food safety lab— vidual could locate each human and animal ‘‘(A) be accredited as being in compliance SEC. 9. PUBLIC NOTICE REGARDING RECALLED food product regulated by the Administra- FOOD PRODUCTS. with standards set by the International Or- tion that is voluntarily recalled. ganization for Standardization; (a) DEPARTMENT.— (3) STATE-ISSUED AND INDUSTRY PRESS RE- ‘‘(B) agree to permit the Secretary to con- (1) NEWS RELEASES REGARDING RECALLED LEASES.—For purposes of meeting the re- duct an inspection of the facilities of the FOOD PRODUCTS.— quirement under paragraph (1)(A), the Sec- food safety lab and the procedures of such (A) IN GENERAL.—On the date on which a retary of Health and Human Services— lab before making a certification determina- human or animal food product regulated by (A) may provide to the public a press re- tion; the Department is voluntarily recalled, the lease issued by a State; and ‘‘(C) agree to permit the Secretary to con- Secretary shall provide to the public a news (B) may not provide to the public a press duct routine audits of the facilities of the release describing the human or animal food release issued by a private industry entity in food safety lab to ensure ongoing compliance product. lieu of a press release issued by a State or with accreditation and certification require- (B) CONTENTS.—Each news release de- the Federal Government. ments; scribed in subparagraph (A) shall contain a (4) PROHIBITION ON DELEGATION OF DUTY.— ‘‘(D) submit with such application a fee es- comprehensive list of each human and ani- The Secretary of Health and Human Services tablished by the Secretary in an amount suf- mal food product regulated by the Depart- may not delegate, by contract or otherwise, ficient to cover the cost of application re- ment that is voluntarily recalled. the duty of the Secretary of Health and view, including inspection under subpara- (2) WEBSITE.—The Secretary shall modify Human Services— graph (B); and the website of the Department to contain— (A) to provide to the public a press release ‘‘(E) agree to submit to the Secretary, in (A) not later than 1 business day after the under paragraph (1); and accordance with the process established date on which a human or animal food prod- (B) to make any required modification to under subsection (c), the results of tests con- uct regulated by the Department is volun- the website of the Administration under ducted by such food safety lab on behalf of tarily recalled, a news release describing the paragraph (2). an importer. human or animal food product; SEC. 10. FOODBORNE ILLNESS EDUCATION AND OUTREACH COMPETITIVE GRANTS ‘‘(c) SUBMISSION OF TEST RESULTS.—The (B) if available, an image of each human and animal food product that is the subject PROGRAM. Secretary shall establish a process by which Title IV of the Agricultural Research, Ex- of a news release described in subparagraph a food safety lab certified under this section tension, and Education Reform Act of 1998 (7 (A); and shall submit to the Secretary the results of U.S.C. 7621 et seq.) is amended by adding at (C) not later than 90 days after the date of all tests conducted by such food safety lab the end the following: on behalf of an importer.’’. enactment of this Act, a search engine ‘‘SEC. 412. FOODBORNE ILLNESS EDUCATION AND (b) ENFORCEMENT.—Section 303(f) of the that— OUTREACH COMPETITIVE GRANTS Federal Food, Drug, and Cosmetic Act (21 (i) is consumer-friendly, as determined by PROGRAM. U.S.C. 333(f)) is amended— the Secretary; and ‘‘(a) DEFINITIONS.—In this section: (1) by redesignating paragraphs (3), (4), and (ii) provides a means by which an indi- ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- (5) as paragraphs (5), (6), and (7), respec- vidual could locate each human and animal trator’ means the Administrator of the Food tively; food product regulated by the Department Safety and Inspection Service. (2) by inserting after paragraph (2) the fol- that is voluntarily recalled. ‘‘(2) COMMISSIONER.—The term ‘Commis- lowing: (3) STATE-ISSUED AND INDUSTRY PRESS RE- sioner’ means the Commissioner of Food and ‘‘(3) An importer (as defined in section 418) LEASES.—To meet the requirement under Drugs. shall be subject to a civil penalty in an paragraph (1)(A), the Secretary— ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible amount not to exceed $25,000 if such importer (A) may provide to the public a press re- entity’ means— knowingly engages in the falsification of lease issued by a State; and ‘‘(A) the government of a State (including test results submitted to the Secretary by a (B) shall not provide to the public a press a political subdivision of a State); food safety lab certified under section 418. release issued by a private industry entity in ‘‘(B) an educational institution; ‘‘(4) A food safety lab certified under sec- lieu of a press release issued by the Federal ‘‘(C) a private for-profit organization; tion 418 shall be subject to a civil penalty in Government or a State. ‘‘(D) a private non-profit organization; and an amount not to exceed $25,000 for know- (4) PROHIBITION ON DELEGATION OF DUTY.— ‘‘(E) any other appropriate individual or ingly submitting to the Secretary false test The Secretary may not delegate, by contract entity, as determined by the Secretary. results under section 418.’’; or otherwise, the duty of the Secretary— ‘‘(b) ESTABLISHMENT.—The Secretary (act- (3) in paragraph (2)(C), by striking ‘‘para- (A) to provide to the public a news release ing through the Administrator of the Coop- graph (3)(A)’’ and inserting ‘‘paragraph under paragraph (1); and erative State Research, Education, and Ex- (5)(A)’’; (B) to make any required modification to tension Service), in consultation with the (4) in paragraph (4), as so redesignated, by the website of the Department under para- Administrator and the Commissioner, shall striking ‘‘paragraph (1) or (2)’’ each place it graph (2). establish and administer a competitive grant appears and inserting ‘‘paragraph (1), (2), (3), program to provide grants to eligible enti- (b) ADMINISTRATION.— ties to enable the eligible entities to carry or (4)’’; and (1) PRESS RELEASES REGARDING RECALLED (5) in paragraph (6), as so redesignated, by out educational outreach partnerships and FOOD PRODUCTS.— programs to provide to health providers, pa- striking ‘‘paragraph (4)’’ each place it ap- (A) IN GENERAL.—On the date on which a pears and inserting ‘‘paragraph (6)’’. tients, and consumers information to enable human or animal food product regulated by those individuals and entities— SEC. 8. DATA SHARING. the Administration is voluntarily recalled, ‘‘(1) to recognize— (a) DEPARTMENT OF AGRICULTURE MEMO- the Secretary of Health and Human Services ‘‘(A) foodborne illness as a serious public RANDA OF UNDERSTANDING.—The Secretary shall provide to the public a press release de- health issue; and shall ensure that the agencies within the De- scribing the human or animal food product. ‘‘(B) each symptom of foodborne illness to partment of Agriculture, including the Food (B) CONTENTS.—Each press release de- ensure the proper treatment of foodborne ill- Safety and Inspection Service, the Agricul- scribed in subparagraph (A) shall contain a ness; tural Research Service, and the Animal and comprehensive list of each human and ani- ‘‘(2) to understand— Plant Health Inspection Service, enter into a mal food product regulated by the Adminis- ‘‘(A) the potential for contamination of memorandum of understanding to ensure the tration that is voluntarily recalled. human and animal food products during each timely and efficient sharing of all informa- (2) WEBSITE.—The Secretary of Health and phase of the production of human and animal tion collected by such agencies related to Human Services shall modify the website of food products; and foodborne pathogens, contaminants, and ill- the Administration to contain— ‘‘(B) the importance of using techniques nesses. (A) not later than 1 business day after the that help ensure the safe handling of human (b) INTERAGENCY MEMORANDUM OF UNDER- date on which a human or animal food prod- and animal food products; and STANDING.—The Secretary, in collaboration uct regulated by the Administration is vol- ‘‘(3) to assess the risk of foodborne illness with the Secretary of Health and Human untarily recalled a press release describing to ensure the proper selection by consumers Services, shall enter into a memorandum of the human or animal food product; of human and animal food products. understanding between the agencies within (B) if available, an image of each human ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— the Department of Agriculture, including and animal food product that is the subject There is authorized to be appropriated to those described in subsection (a), and the of a press release described in subparagraph carry out this section $3,500,000 for fiscal agencies within the Department of Health (A); and year 2008 and each fiscal year thereafter.’’.

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14802 CONGRESSIONAL RECORD — SENATE December 5, 2007 SUBMITTED RESOLUTIONS SENATE RESOLUTION 389—COM- AMENDMENTS SUBMITTED AND MEMORATING THE 25TH ANNI- PROPOSED VERSARY OF THE UNITED SA 3803. Mr. MCCONNELL submitted an STATES AIR FORCE SPACE COM- amendment intended to be proposed to SENATE RESOLUTION 388—DESIG- MAND HEADQUARTERED AT amendment SA 3500 proposed by Mr. HARKIN NATING THE WEEK OF FEB- PETERSON AIR FORCE BASE, (for himself, Mr. CHAMBLISS, Mr. BAUCUS, and RUARY 4 THROUGH FEBRUARY 8, COLORADO Mr. GRASSLEY) to the bill H.R. 2419, to pro- vide for the continuation of agricultural pro- 2008, AS ‘‘NATIONAL TEEN DAT- Mr. ALLARD (for himself, Mr. SALA- grams through fiscal year 2012, and for other ING VIOLENCE AWARENESS AND purposes; which was ordered to lie on the ZAR, Mr. TESTER, Mr. ISAKSON, Ms. COL- PREVENTION WEEK’’ table. LINS, Mrs. HUTCHISON, Mr. COCHRAN, f Mr. CRAPO (for himself, Mrs. CLIN- Mr. HAGEL, Mr. CONRAD, Mr. DORGAN, TON, Mr. LIEBERMAN, Ms. MURKOWSKI, Mr. DOMENICI, Mr. HATCH, Mr. CHAM- TEXT OF AMENDMENTS and Mr. BIDEN) submitted the following BLISS, Mr. INHOFE, and Mrs. FEINSTEIN) SA 3803. Mr. MCCONNELL submitted resolution; which was referred to the submitted the following resolution; an amendment intended to be proposed Committee on the Judiciary: which was referred to the Committee to amendment SA 3500 proposed by Mr. on Armed Services: HARKIN (for himself, Mr. CHAMBLISS, S. RES. 388 Mr. BAUCUS, and Mr. GRASSLEY) to the S. RES. 389 Whereas 1 in 3 female teenagers in a dating bill H.R. 2419, to provide for the con- Whereas, on September 1, 1982, the United relationship has feared for her physical safe- tinuation of agricultural programs States Air Force created the United States ty; through fiscal year 2012, and for other Air Force Space Command to defend North Whereas 1 in 2 teenagers in a serious rela- America through its space and interconti- purposes; which was ordered to lie on tionship has compromised personal beliefs to nental ballistic missile operations; the table; as follows: please a partner; Whereas 2007 marks the 25th year of excel- At the appropriate place, insert the fol- Whereas 1 in 5 teenagers in a serious rela- lence and service of Air Force Space Com- lowing: tionship reports having been hit, slapped, or mand to the United States of America; SEC. l. ASSET TREATMENT OF HORSES. pushed by a partner; Whereas the mission of Air Force Space (a) 3-YEAR DEPRECIATION FOR ALL RACE Whereas 27 percent of teenagers have been Command is to deliver trained and ready air- HORSES.— in dating relationships in which their part- men with unrivaled space capabilities to de- (1) IN GENERAL.—Clause (i) of section ners called them names or put them down; fend the United States; 168(e)(3)(A) of the Internal Revenue Code of Whereas 29 percent of girls who have been Whereas Air Force Space Command orga- 1986 (relating to 3-year property) is amended in a relationship said that they have been nizes, trains, and equips forces to supply to read as follows: pressured to have sex or to engage in sexual combatant commanders with the space and ‘‘(i) any race horse,’’. activities that they did not want; intercontinental ballistic missile capabili- (2) EFFECTIVE DATE.—The amendment Whereas technologies such as cell phones ties to defend the United States and its na- made by this section shall apply to property placed in service on or after the date of the and the Internet have made dating abuse tional interests; enactment of this Act. both more pervasive and more hidden; Whereas Air Force Space Command’s Ground-based radar and Defense Support (b) REDUCTION OF HOLDING PERIOD TO 12 Whereas 30 percent of teenagers who have MONTHS FOR PURPOSES OF DETERMINING been in a dating relationship say that they Program satellites monitor ballistic missile launches around the world to guard against a WHETHER HORSES ARE SECTION 1231 ASSETS.— have been text-messaged between 10 and 30 surprise missile attack on North America; (1) IN GENERAL.—Subparagraph (A) of sec- times per hour by a partner seeking to find Whereas Air Force Space Command pro- tion 1231(b)(3) of the Internal Revenue Code out where they are, what they are doing, or vides a significant portion of United States of 1986 (relating to definition of livestock) is who they are with; Strategic Command’s war fighting capabili- amended by striking ‘‘and horses’’. (2) EFFECTIVE DATE.—The amendment Whereas 72 percent of teenagers who re- ties, including missile warning, strategic de- made by this section shall apply to taxable ported they’d been checked up on by a boy- terrence, and space-based surveillance capa- years beginning after December 31, 2007. friend or girlfriend 10 times per hour by bilities; email or text messaging did not tell their Whereas Air Force Space Command space SEC. l. ELIMINATION OF PRIVATE PAYMENT parents; TEST FOR PROFESSIONAL SPORTS radar provide vital information on the loca- FACILITY BONDS. Whereas parents are largely unaware of the tion of satellites and space debris for the Na- (a) IN GENERAL.—Section 141(a) (defining cell phone and Internet harassment experi- tion and the world; private activity bond) is amended by adding enced by teenagers; Whereas the current war on terror requires at the end the following new flush sentence: Whereas Native American women experi- extensive use of space-based communica- ‘‘In the case of any professional sports facil- ence higher rates of interpersonal violence tions, global positioning systems, and mete- ity bond, paragraph (1) shall be applied with- than any other population group; orological data to effectively prosecute mili- out regard to subparagraph (B) thereof.’’. Whereas violent relationships in adoles- tary operations; (b) PROFESSIONAL SPORTS FACILITY BOND cence can have serious ramifications for vic- Whereas Air Force Space Command pro- DEFINED.—Section 141 is amended by adding tims, putting them at higher risk for sub- vides war fighters with ‘‘high ground’’ at the end the following new subsection: stance abuse, eating disorders, risky sexual through satellite communications and posi- ‘‘(f) PROFESSIONAL SPORTS FACILITY behavior, suicide, and adult revictimization; tioning and timing data for ground and air BOND.—For purposes of subsection (a)— operations and weapons delivery; Whereas the severity of violence among in- ‘‘(1) IN GENERAL.—The term ‘professional Whereas Air Force Space Command de- timate partners has been shown to be greater sports facility bond’ means any bond issued ployed helicopters to the Gulf Coast region as part of an issue any portion of the pro- in cases where the pattern of violence has during the aftermath of Hurricane Katrina ceeds of which are to be used to provide a been established in adolescence; and to deliver meals, water, and medical supplies professional sports facility. Whereas the establishment of National and to conduct search and rescue operations; ‘‘(2) PROFESSIONAL SPORTS FACILITY.—The Teen Dating Violence Awareness and Preven- Whereas the work done by the men and term ‘professional sports facility’ means real tion Week will benefit schools, communities, women of Air Force Space Command is vital property and related improvements used, in and families regardless of socio-economic to our military, making the Nation more whole or in part, for professional sports, pro- status, race, or sex: Now, therefore be it combat effective and helping save lives every fessional sports exhibitions, professional Resolved, That the Senate— day; and games, or professional training.’’. (1) designates the week of February 4 Whereas Air Force Space Command advo- (c) EFFECTIVE DATE.—The amendments through February 8, 2008, as ‘‘National Teen cates space capabilities and systems for all made by this section shall apply to bonds issued after the date of the enactment of this Dating Violence Awareness and Prevention unified commands and military services, and collectively provides space capabilities Act, other than bonds with respect to which Week’’; and America needs today and in the future: Now, a resolution was issued by an issuer or con- (2) calls upon the people of the United therefore, be it duit borrower before January 24, 2007. States, high schools, law enforcement, State f and local officials, and interested groups to Resolved, That the Senate— observe National Teen Dating Violence (1) recognizes the contributions made by NOTICE OF INTENT TO OBJECT TO Awareness and Prevention Week with appro- Air Force Space Command to the security of PROCEEDING the United States; and priate programs and activities that promote Mr. CRAIG. Mr. President, I wish to awareness and prevention of the crime of (2) commemorates Air Force Space Com- mand’s 25 years of excellence and service to notify the Senate of my intent to ob- teen dating violence in their communities. the Nation. ject to proceeding to S. 311, a bill to

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 5, 2007 CONGRESSIONAL RECORD — SENATE S14803 amend the Horse Protection Act to Board of Directors of the Tennessee to conduct a hearing on the Nomina- prohibit the shipping, transporting, Valley Authority; and Thomas C. tion of James Peake to be Secretary of moving, delivering, receiving, pos- Gilliland, of Georgia, to be a Member Veterans Affairs. The Committee will sessing, purchasing, selling, or dona- of the Board of Directors of the Ten- meet in room SDG–50 of the Dirksen tion of horses and other equines to be nessee Valley Authority. Senate Office Building, at 9:30 a.m. slaughtered for human consumption, The PRESIDING OFFICER. Without SELECT COMMITTEE ON INTELLIGENCE and for other purposes. objection, it is so ordered. Mr. DORGAN. Mr. President, I ask The bill would prohibit the shipping, COMMITTEE ON THE JUDICIARY unanimous consent that the Select transporting, moving, delivering, re- Mr. DORGAN. Mr. President, I ask Committee on Intelligence be author- ceiving, possessing, purchasing, selling, unanimous consent that the Senate ized to meet during the session of the or donation of horses and other equines Committee on the Judiciary be author- Senate on December 5, 2007 at 3 p.m. to to be slaughtered for human consump- ized to meet during the session of the hold a closed conference on the fiscal tion. In short, it would further limit Senate in order to conduct a hearing year 2008 Intelligence Authorization. the already limited options for disposal entitled ‘‘Reauthorization of the Juve- The PRESIDING OFFICER. Without of unwanted horses. nile Justice and Delinquency Preven- objection, it is so ordered. An unwanted horse is one that has tion Act: Protecting Our Children and SPECIAL COMMITTEE ON AGING reached the useful end of its economic Our Communities’’ on Wednesday, De- Mr. DORGAN. Mr. President, I ask or recreational life. There are numer- cember 5, 2007 at 10 a.m. in room SD– unanimous consent that the Special ous reasons for the existence of un- 226 of the Dirksen Senate Office Build- Committee on Aging be authorized to wanted horses, not the least of which ing. meet today, Wednesday, December 5, are economic reasons such as loss of Witness list: 2007 from 10:30 a.m. to 12:30 p.m. in job, price of feed or stabling, reloca- Dirksen 106 for the purpose of con- J. Robert Flores, Administrator, Of- tion, poor health of the horse or its ducting a hearing concerning the elder- fice of Juvenile Justice and Delin- owner. ly who have been displaced by war, quency Prevention, U.S. Department of It must be recognized that no one has poverty, and persecution abroad. Justice, Washington, DC; Shay Bilchik, adequately addressed the fate of the es- The PRESIDING OFFICER. Without Founder and Director, Center for Juve- timated 90,000 unwanted horses that objection, it is so ordered. were formerly slaughtered on an an- nile Justice Reform, Georgetown Uni- nual basis. Animal welfare groups and versity Public Policy Institute, Wash- f rescue organizations can only do so ington, DC; Deirdre Wilson Garton, PRIVILEGE OF THE FLOOR much to shoulder the load of aiding the Chair, Governor’s Juvenile Justice Mr. WYDEN. I ask unanimous con- adoption or care of these horses. They Commission, Madison, WI; Ann Marie sent that privileges of the floor be are currently stretched to capacity, Ambrose, Director, Bureau of Child granted to my legislative aide, Jac- and we expect an increase in need. As a Welfare and Juvenile Justice Services, quelyn Elder. result, we are witnessing a significant Harrisburg, PA; Richard Miranda, The PRESIDING OFFICER. Without increase in abandonment and neglect of Chief, Tucson Police Department, Tuc- objection, it is so ordered. son, AZ. horses in this country. Particularly in f the West, growing numbers of un- The PRESIDING OFFICER. Without wanted horses are being dumped on objection, it is so ordered. MEASURE READ THE FIRST public or private rangelands. COMMITTEE ON THE JUDICIARY TIME—S. 2416 I believe that we should take the Mr. DORGAN. Mr. President, I ask Mr. MENENDEZ. Madam President, I time to examine this growing issue of unanimous consent that the Senate understand there is a bill at the desk, the unwanted horse before passing leg- Committee on the Judiciary be author- and I ask for its first reading. islation that ties the hands of horse ized to meet during the session of the The PRESIDING OFFICER (Ms. owners, public and private land man- Senate in order to conduct a hearing CANTWELL). The clerk will report the agers, and others. entitled ‘‘The Looming Foreclosure bill by title. f Crisis: How To Help Families Save The legislative clerk read as follows: Their Homes’’ on Wednesday, Decem- AUTHORITY FOR COMMITTEES TO A bill (S. 2416) to amend the Internal Rev- ber 5, 2007 at 2:30 p.m. in room SD–226 enue Code of 1986 to repeal the alternative MEET of the Dirksen Senate Office Building. minimum tax on individuals and replace it COMMITTEE ON ENVIRONMENT AND PUBLIC with an alternative tax individuals may WORKS Witness list: choose. Mr. DORGAN. Mr. President, I ask Nettie McGee, Chicago, IL; Mark Mr. MENENDEZ. Madam President, I unanimous consent that the Com- Zandi, Chief Economist, Moody’s Econ- now ask for a second reading, and in mittee on Environment and Public omy.com, Inc., West Chester, PA; order to place the bill on the calendar Works be authorized to meet during Mortgage Industry Witness TBD; Pro- under the provisions of rule XIV, I ob- the session of the Senate on Wednes- fessor Mark Scarberry, Resident Schol- ject to my own request. day, December 5, 2007 at 9 a.m. in room ar, American Bankruptcy Institute, The PRESIDING OFFICER. Objec- 406 of the Dirksen Senate Office Build- Washington, DC; The Honorable Jac- tion is heard. ing in order to conduct a business queline P. Cox, United States Bank- f meeting to consider the following ruptcy Judge, United States Bank- items: amendment in the Nature of a ruptcy Court for the Northern District ORDERS FOR THURSDAY, Substitute, Lieberman-Warner Climate of Illinois, Chicago, IL; The Honorable DECEMBER 6, 2007 Security Act of 2007, S. 2191. Thomas Bennett, United States Bank- Mr. MENENDEZ. Madam President, I Pending nominations: John S. ruptcy Judge, United States Bank- ask unanimous consent that when the Bresland, of New Jersey, to be a Mem- ruptcy Court for the Northern District Senate completes its business today, it ber of the Chemical Safety and Hazard of Alabama, Birmingham, AL; Henry J. stand adjourned until 10:30 a.m., Thurs- Investigation Board; John S. Bresland, Sommer, President, National Associa- day, December 6; that on Thursday, fol- of New Jersey, to be Chairperson of the tion of Consumer Bankruptcy Attor- lowing the prayer and the pledge, the Chemical Safety and Hazard Investiga- neys, Philadelphia, PA. Journal of proceedings be approved to tion Board; C. Russell H. Shearer, of The PRESIDING OFFICER. Without date, the morning hour deemed ex- Delaware, to be a Member of the Chem- objection, it is so ordered. pired, the time for the two leaders be ical Safety and Hazard Investigation COMMITTEE ON VETERANS’ AFFAIRS reserved for their use later in the day; Board; William H. Graves, of Ten- Mr. DORGAN. Mr. President, I ask that there be an hour of debate prior to nessee, to be a Member of the Board of unanimous consent for the Committee a vote on the motion to invoke cloture Directors of the Tennessee Valley Au- on Veterans’ Affairs to be authorized on the motion to proceed to H.R. 3996, thority; Susan Richardson Williams, of to meet during the session of the Sen- with the time equally divided and con- Tennessee, to be a Member of the ate on Wednesday, December 5, in order trolled between the leaders or their

VerDate Mar 15 2010 21:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2007SENATE\S05DE7.REC S05DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14804 CONGRESSIONAL RECORD — SENATE December 5, 2007 designees; that the 20 minutes imme- nearly 2 weeks ago, to prohibit amend- there are only 21 of us who serve on the diately prior to the cloture vote be di- ments from being offered to this land- Senate Agriculture Committee. That vided 10 minutes each for the leaders mark legislation. means there are 79 other Senators who and the majority leader controlling the I am a member of the Senate Agri- would like to weigh in on this impor- final 10 minutes; that upon the use or culture Committee, and I am proud of tant legislation. We have had the bill yielding back of time, without further the farm bill we passed out of the com- on the floor literally for a 2-week pe- intervening action, the Senate proceed mittee. I give Chairman HARKIN and riod and we didn’t debate or vote upon to vote on the motion to invoke clo- the ranking member, Senator CHAM- one single amendment. ture on the motion to proceed. BLISS, great credit. I believe they de- As I said before, you are talking The PRESIDING OFFICER. Without serve to be given great credit for the about a 1,600-page bill that authorizes objection, it is so ordered. efforts they made in committee delib- $280 billion in spending over the next 5 eration. The members of the com- years, and there has not been one sin- f mittee held an open and productive de- gle amendment voted on. The majority PROGRAM bate. Several amendments were of- leader decided when the bill came to fered, debated, and voted on. At the Mr. MENENDEZ. Madam President, the floor he was going to fill the end of the day, Senate Democrats and as a reminder, cloture was filed on the amendment tree, which in effect said Republicans set aside their differences no amendment can be offered unless it Harkin substitute to the farm bill. and reported out a bill to meet Amer- Therefore, if Members have amend- is approved by the majority leader. ica’s food and energy needs over the I don’t happen to disagree with the ments on the list of amendments in next 5 years. order to the bill, they should have ger- notion that amendments that are Is the committee-reported bill per- brought to the floor of the Senate mane first-degree amendments filed at fect? No, of course not. But that being the desk by 1 p.m. tomorrow. However, ought to be somewhat germane to the said, my colleagues all deserve an op- underlying legislation. But it is a re- if amendments have already been filed, portunity to offer their amendments to there is no need to refile at this time. ality, a practical reality every single the farm bill. There are only 21 of us day in this institution, in the Senate, f who serve on the Senate Agriculture that amendments are brought to the Committee, 11 Democrats, 10 Repub- ORDER FOR ADJOURNMENT floor that are not germane to the un- licans. Senator DOMENICI, Senator NEL- derlying bill. I will hold up a case in Mr. MENENDEZ. Madam President, SON, and I authored an amendment point because I have heard my col- if there is no further business to come that would add an increased renewable leagues on the other side get up and before the Senate, I ask unanimous fuels standard to the 2007 farm bill on say: The Republicans want to offer all consent that following the remarks of the floor because it didn’t get added in these nongermane amendments and Senator THUNE for up to 15 minutes, the committee and because there were what are we supposed to do about that, the Senate then stand adjourned under questions about whether an energy bill these need to be germane to the under- the previous order. was ultimately going to pass the Sen- lying farm bill? I would like to see The PRESIDING OFFICER. Without ate. Therefore, we thought it would be amendments that are germane to the objection, it is so ordered. good to improve and strengthen the en- underlying farm bill, but it is a reality Mr. MENENDEZ. Madam President, I ergy title of the farm bill by adding the in the Senate that on many occasions— yield the floor. RFS to the farm bill. That is one of the in fact it is often the case—amend- The PRESIDING OFFICER. The Sen- amendments that, of course, could be ments are offered to all kinds of legis- debated if, in fact, there were an open ator from South Dakota. lation that are not germane to that un- debate process. f derlying legislation. As I travel across my State and met A case in point: We are now stalled with farmers and agricultural leaders, THE FARM BILL on the Defense authorization bill, a bill the message to me is very clear. No Mr. THUNE. Madam President, for that was debated and voted upon a long single policy is more important to our the past 5 weeks now, my colleagues time ago. The House passed it, the Sen- agricultural community than this farm and I have spent literally hours on the ate passed it, we went to conference, bill and the accompanying Energy bill. Senate floor talking about the 2007 we resolved all the differences. I serve If we can get a farm bill passed with a farm bill. Unfortunately, talking about as a Member of the Senate Armed Serv- renewable fuel standard, I think our the farm bill for over 5 weeks is all we ices Committee, and I know some of farmers would be very pleased with the have done. We could have spent all the work Congress has done to promote the issues that were being debated in days and hours since November 5 pro- American agriculture and move the re- the conference were somewhat conten- ductively debating this farm bill. In- newable fuels industry forward. tious, but they all got resolved. Most of stead, the distinguished leader on the This renewable fuels standard will them were related to the underlying other side of the aisle made a decision create jobs in rural America, give our bill. Most of them were related to our the very first day of the farm bill de- producers an alternative market for national security programs, our readi- bate when the farm bill was brought to our crops, spur billions of dollars in re- ness and that sort of thing. What is the floor and the debate ensued to not newable fuels investment, and save holding up the conference on the De- allow any amendments to reach the over $600 million in taxpayer dollars in fense authorization bill is hate crimes floor. Not one single farm bill amend- the underlying bill. legislation because hate crimes was put ment has been discussed. However, we have not had an oppor- on the bill in the Senate before it left, Farm bill authority spans 5 years. tunity to debate any of these amend- over the objections of many of us who This legislation impacts every man, ments, including a renewable fuels didn’t feel it was relevant or germane woman, and child in America. My col- standard amendment. I listened all day to the underlying Defense authoriza- leagues in the minority, who are not while accusations have flown back and tion bill. But nevertheless we didn’t members of the Agriculture Committee forth. There has been all this hand have the votes. It went to conference. and who have not had an opportunity wringing going on finger pointing, and Now the debate over whether we are to help craft this legislation, deserve a the blame game being played. I have to going to have a Defense authorization chance to offer their suggested say, as someone who voted for cloture bill doesn’t hinge on anything having changes. the first time we had a cloture vote on to do with national security. It hinges The farm bill before us totals 1,600 the farm bill, I voted for cloture be- on hate crimes legislation. How is that pages. It reauthorizes over $280 billion cause I need this bill to move forward— germane to the Defense authorization in spending on commodity, conserva- my farmers and my ranchers want a bill? Yet my colleagues on the other tion, nutrition, trade, energy, and new farm bill—but not because the side have continually gotten up today rural development programs. This bill process has been fair to Members on and railed on the Republicans because is far too important to be held hostage my side of the aisle. Republicans, of all things, want a vote by partisan tactics. However, the ma- Senators on the minority side, on the on a death tax amendment to the farm jority leader made a decision, as I said, Republican side of the aisle—as I said, bill.

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There is not anything that ship allowed 26 amendment votes, in- of whom benefit from the farm bill and is a bigger barrier, a larger impediment cluding 11 rollcall votes. all of whom want to see the Senate to those types of transfers in passing During consideration of the 1990 farm work and function effectively to ad- farm operations and ranching oper- bill, there were 113 votes on the farm dress the challenges and the problems ations down to the next generation bill, 22 of which were rollcall votes. Fi- we face as a country. than is the death tax. In most cases, nally, in 1985, there were 88 votes on The process employed by the major- these are people who are asset rich but that farm bill, 33 of which were rollcall ity leader on the farm bill completely cash poor. Oftentimes, when someone votes. precludes us from having anything that dies and they wanted to pass it on, My point is, writing a farm bill is not resembles an open debate. As I pointed they have to liquidate all their assets an easy task. A lot goes into this. It is out earlier, if you go back to the 1985, in order to pay the death tax. a lengthy process, involving com- 1990, 1996 or 2002 farm bills, there were My point simply is this. I would like promise between stakeholder groups, ample opportunities for amendments. to see us move forward. We need a farm national priorities, regional interests, There was vigorous and spirited debate and compromise is simply bill. We need an energy bill. As I said and lots of rollcall votes. This is really unachievable under the political ma- before, I voted for cloture on the farm historic in terms of the precedent it neuvers that have been employed by bill, but I have to say this process has sets and the message it sends to Amer- the Democratic leader on this farm been very tilted in favor of a procedure ican agriculture, which desperately that the majority leader adopted on bill. As I said before, it has been 5 weeks needs a farm bill. the first day that is very much without I hope in the next day or two, and precedent—in terms of what happens since it was called up on the floor. We had it on the floor for 2 weeks at one next week—which in my view is about on the Senate floor, I am sure it has stretch before we went out for the what we have left to work with. I am been done. I am sure it has been done Thanksgiving break, and let me em- frankly happy to stay here this week- under Republican majorities. But the phasize we did not vote on one single end. I would stay here Saturday, Sun- fact is, filling the amendment tree and amendment to this legislation. day, and beyond if we could get a farm prohibiting amendments from being of- I hope that will change because I bill on the floor, actually debate it, ac- fered, in a place such as the Senate think there is precious little time left tually have amendments offered and which thrives on an open amendment in this session of the Congress and voted on. I am happy to stay. I would process, I think is undermining the there are a lot of priorities. There is be willing to bet that many of my col- very foundation, the rules and proce- not much, frankly, that has been done. leagues would be happy to stay. dures on which the Senate is based. The Defense authorization bill, as I But the clock is a-running, time is a- I would like to see us be able to get said, is being held up over an unre- wasting. All the American people see is to a vote on the farm bill, but we can’t lated, nongermane amendment dealing finger pointing and hand wringing and do that until we have some agreement with hate crimes. We don’t have fund- bickering and gridlock. That is not in on amendments, and we can’t get to ing going out to the troops. We have their best interests. Certainly, it is not the amendments on the floor until such only gotten one appropriations bill fair to them, the people by whom we time as the majority leader agrees we signed into law. The VA-Military Con- were elected. They sent us to do a job. will be able to offer amendments. Until struction appropriations bill is cued We need to get about that job. That that happens, our side is going to con- up, ready to go. The President said he means allowing the Senate to function, tinue to object to proceeding to the would sign it. We have not moved that to work, to allow Senators to offer farm bill because, in fairness to them, through here. The list goes on and on. amendments to these bills and to get as I said, this is a 1,600-page bill that I think it is regrettable because, as to final action and completion and to spends $280 billion over 5 years and was most Americans observe this process, get some legislation passed that will debated by 21 of the 100 Senators. In they become increasingly cynical. The hopefully improve the lives of many the Agriculture Committee, I think we reason I think these public opinion Americans. produced a very good bill. I would like polls that are published and surveys I yield the floor. to see it—as I said, if it went through that are done indicate that Congress unamended, that would be fine by me has terribly low approval ratings is for f because I think we got as good a con- this reason: They see the partisan bick- sensus in the farm committee as we ering, gridlock, finger pointing and all could. But there are 79 other Members ADJOURNMENT UNTIL 10:30 A.M. they want is for Congress to work to- TOMORROW of the Senate on both sides of the aisle gether to get things done. One recent who want to strengthen and make this public opinion survey had the approval The PRESIDING OFFICER. Under bill better, and right now the process rating of the Congress at 11 percent the previous order, the Senate stands has precluded that opportunity to a which, as our friend John McCain al- adjourned until 10:30 a.m. tomorrow. point where we are at a standstill on ways says: When you get down to 11 Thereupon, the Senate, at 6:13 p.m., legislation that is of great importance percent, you are pretty much talking adjourned until Thursday, December 6, to the farmers I represent and, I would about paid staff and blood relatives; 2007, at 10:30 a.m. argue, to all Americans. and if you factor in the margin of The farm bill not only funds produc- error, you might even run a negative f tion agriculture—and frankly less and on that. less of the overall funding in the farm That is because the American public NOMINATIONS bill is going to production agriculture. perceives what is happening and is in- More of it now, 68 percent of it, is credibly frustrated by that. They want Executive nominations received by going to nutrition and food stamps and to see us work together toward solu- the Senate: other aspects of the farm bill; 9 percent tions. We cannot do that absent a proc- DEPARTMENT OF JUSTICE toward conservation. All of those are ess and procedure that allows amend- MARK R. FILIP, OF ILLINOIS, TO BE DEPUTY ATTORNEY important. But my point simply is this ments to be offered when bills come to GENERAL, VICE PAUL J. MCNULTY, RESIGNED. is a bill important to all Americans, the floor. Legislation put on the floor IN THE ARMY not just to those farmers and ranchers. that is as comprehensive as this farm THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED During debate on the 2002 farm bill, bill is which, as I said, is 1,600 pages, WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND there were 246 amendments filed. $280 billion in spending over a 5-year RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Democrats and Republicans came to- period, to date not one single amend- To be lieutenant general gether and voted on 49 amendments, in- ment has been voted on. LT. GEN. DAVID P. VALCOURT, 0000

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A TRIBUTE TO CHRISTOPHER life, as his former football coach commented, ing in Iraq and Afghanistan. Indeed, may we MICHALSKI ‘‘It didn’t surprise me at all when he joined the keep all those in the Armed Forces in our armed forces and became an officer . . . that hearts and prayers as a way of honoring and HON. EDOLPHUS TOWNS was just the kind of guy he was.’’ And it prob- remembering Tim’s outstanding service and loyal dedication to our great nation. OF NEW YORK ably didn’t surprise anyone, for a career in the Army was in Tim’s blood: just a year before he IN THE HOUSE OF REPRESENTATIVES f graduated from high school, his father Bill re- CONGRATULATING ERICA FRENCH Wednesday, December 5, 2007 tired from the Army having achieved the rank OF LOWERY ROAD ELEMENTARY of Lieutenant Colonel. Mr. TOWNS. Madam Speaker, I rise today SCHOOL to pay tribute to Mr. Christopher Michalski of Tim started on that path immediately fol- New York City, New York. Mr. Michalski is an lowing high school, when he joined the Re- asset to our fair city and a testament to the serve Officers’ Training Corps while attending HON. MICHAEL C. BURGESS OF TEXAS American dream. Purdue University. Less than two years after IN THE HOUSE OF REPRESENTATIVES Mr. Michalski was born on July 12, 1949 in his graduation from Purdue in 2001, Tim set a small city in Poland where he grew up with off to serve the first of his two tours of duty in Wednesday, December 5, 2007 huge dreams of coming to America. While in Iraq. ‘‘He was on his very first tour when the Mr. BURGESS. Madam Speaker, I rise school he studied architecture extensively and war in Iraq started, and when he came home, today to congratulate Erica French, a teacher eventually received a master’s degree in struc- (he) didn’t hesitate to do another,’’ his uncle at Lowery Road Elementary School in Fort tural engineering. He instantly put his knowl- Mike recalls. Worth, Texas. Ms. French was chosen as one edge to good use by following in his family’s Although Tim was in the process of buying of fourteen recipients of the 2007–2008 Chairs footsteps to become a third generation church a house in El Paso, Texas, his heart remained for Teaching Excellence award. builder. with his family in Idaville and with the Chicago The Fort Worth School District recognizes While Mr. Michalski was in his midtwenties, Bears. During his second tour of duty in Iraq, the teachers, and to be chosen, you must be he was afforded an opportunity to migrate to Tim was given a two-week pass to return nominated by a principal, parent, or colleague. America of which he eagerly took advantage. home to the United States. He made sure to The selection process also entails an interview With strength and perseverance Chris was return home for the Superbowl, and Tim’s par- and an evaluated teaching demonstration. The able to build a new life for himself and his ents will never forget their last moments spent teachers were presented with their awards at family in New York City. He married his long- at home with their beloved son. ‘‘He was a the Petroleum Club of Fort Worth. time love Dorothy and had two beautiful chil- Bears fan,’’ his mother Jonell said. ‘‘He was It is my honor to represent a teacher such dren, Monica and Eric. one of the few rooting for the Bears, him and as Ms. French in the 26th District of Texas. Today, Chris Michalski can be found run- his grandmother. That’s going to stay in our Her dedication to education, her school, and ning his company, Solution New York Con- minds for a really long time.’’ her students and families of Fort Worth, Texas tracting Inc., while interacting with people from But if his heart was with his family, his pas- should be viewed as an example for all. all over the world. He is a dog lover, a church sion and purpose was with the Army. As cap- f builder, and a one-of-a-kind individual. tain of a ninety-member company, Tim TRIBUTE TO MACK HARMON Madam Speaker, I would like to recognize showed exemplary dedication to his duties as Chris Michalski: for his hard work and struc- an officer and to the safety and well-being of HON. SAM GRAVES tural contributions to the city of New York. his men. His mother noted, ‘‘He said the thing OF MISSOURI Madam Speaker, I urge my colleagues to he was the most proud of was that he had not IN THE HOUSE OF REPRESENTATIVES join me in paying tribute to this intrepid indi- sent anybody home injured and that nobody vidual who is fine example of the entrepre- had been killed from his group. To him, that Wednesday, December 5, 2007 neurial spirit upon which America was built. meant he was doing his job.’’ Safety did not Mr. GRAVES. Madam Speaker, I proudly f mean staying away from where the action pause to recognize Mack Harmon, a very spe- was, however. He assumed command of cial young man who has exemplified the finest HONORING THE LIFE OF CAPTAIN Company E from Captain Tim Hudson, who qualities of citizenship and leadership by tak- TIMOTHY MCGOVERN, U.S. ARMY, said ‘‘We both chose to go to El Paso and ing an active part in the Boy Scouts of Amer- OF IDAVILLE, INDIANA Fort Bliss, and we both came here for the ica, Troop 412, and in earning the most pres- same reason. And that was to come out here tigious award of Eagle Scout. HON. JOE DONNELLY and command soldiers in combat.’’ Having Mack has been very active with his troop, OF INDIANA commanded Company E for twenty months, participating in many Scout activities. Over the IN THE HOUSE OF REPRESENTATIVES Captain Hudson could only praise Tim’s work many years Mack has been involved with upon assuming command in June. ‘‘I put my Scouting, he has not only earned numerous Wednesday, December 5, 2007 heart and soul into this company,’’ Hudson merit badges, but also the respect of his fam- Mr. DONNELLY. Madam Speaker, I rise said. ‘‘And after he took over, Echo Company ily, peers, and community. today to honor U.S. Army Captain Timothy only got better.’’ Madam Speaker, I proudly ask you to join McGovern of Idaville, Indiana, who died on What was Tim’s secret to being an excellent me in commending Mack Harmon for his ac- October 31, 2007 while serving in Mosul, Iraq. commander? He may well have shared it with complishments with the Boy Scouts of Amer- Assigned to the 2nd Battalion, 7th Cavalry 1st Lieutenant Michael Holbrook. ‘‘He told me ica and for his efforts put forth in achieving the Regiment, 4th Brigade Combat Team, 1st there was no greater honor than leading highest distinction of Eagle Scout. Cavalry Division, Tim was leading his troops in American soldiers in combat. I’m going to re- f a mission clearing roads of IEDs when his member that until the day I hang up my uni- INTRODUCTION OF PROPERTY TAX group came under fire and his Bradley was hit form.’’ DEDUCTION FOR ALL ACT by a roadside bomb. Today I would like to A private man, Tim would not have wanted take a moment to mourn a well-lived life cut all the attention placed on his life. ‘‘He tragically short. wouldn’t have liked this,’’ said his mother. ‘‘He HON. RON PAUL OF TEXAS After moving to Idaville as a teen, Tim grad- would have wanted people to be thinking IN THE HOUSE OF REPRESENTATIVES uated from Twin Lakes High School in 1997 about the other soldiers still over there fight- where he excelled in honors classes and was ing.’’ For that reason, I wish to remember Wednesday, December 5, 2007 a star in football and track. Even at that point those soldiers Tim commanded in Echo Com- Mr. PAUL. Madam Speaker, I rise to intro- it was clear what Tim was going to do with his pany still serving in Mosul, and all those serv- duce the Property Tax Deduction for All Act,

∑ 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 04:21 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A05DE8.001 E05DEPT1 cnoel on PRODPC60 with REMARKS_CN E2490 CONGRESSIONAL RECORD — Extensions of Remarks December 5, 2007 legislation making the property tax deduction A PROCLAMATION HONORING RECOGNIZING THE 50TH ANNIVER- an ‘‘above-the-line’’ deduction. This simple KRISTA SIEGFRIED FOR PLAC- SARY OF THE VIAHEALTH OF change makes the property tax deduction ING SECOND IN THE MAN- WAYNE COUNTY available to homeowners who do not file an CHESTER UMBRO INTER- itemized tax return. NATIONAL CUP HON. JAMES T. WALSH OF NEW YORK The Property Tax Deduction for All Act will IN THE HOUSE OF REPRESENTATIVES help millions of Americans who struggle with HON. ZACHARY T. SPACE Wednesday, December 5, 2007 high property taxes, but because they do not OF OHIO itemize, are unable to take advantage of the Mr. WALSH of New York. Madam Speaker, IN THE HOUSE OF REPRESENTATIVES I rise today to recognize the 50th anniversary Federal deduction for property taxes. Extend- of ViaHealth of Wayne located in Newark, ing the property tax deduction to all home- Wednesday, December 5, 2007 New York. owners will especially benefit senior citizens, Mr. SPACE. Madam Speaker: Newark Wayne Community Hospital opened whose homes often are the major part of their Whereas, Krista Siegfried competed in Eng- its doors on April 1, 1957, and for 50 years it wealth, and young families struggling to cope land’s largest youth soccer tournament; and has provided the people of Wayne County and with the costs of owning a new home. I re- surrounding areas with quality medical care. spectfully urge my colleagues to help ensure Whereas, Krista Siegfried showed hard work The highly trained, dedicated staff is com- and dedication to the sport of soccer; and all homeowners can take advantage of the tax mitted to providing superior health care to ev- deduction for property taxes by cosponsoring Whereas, Krista Siegfried has broadened eryone who comes through the hospital doors. this legislation. her abilities and skills in the sport of soccer; The health care professionals at Newark and Wayne Community Hospital offer a wide range of expertise, from heart and cancer care to f Whereas, Krista Siegfried was a supportive team player; and providing living assistance for seniors. The in- credible staff is able to offer care to everyone, IN RECOGNITION OF OPERATION Whereas, Krista Siegfried always displayed using leading edge medical technology that COMMUNITY SHIELD sportsmanship on and off of the field; now, ensures patients receive the best health care therefore, be it services possible. Resolved, that along with her friends, family, I thank all of the individuals, families, and HON. PETE SESSIONS and the residents of the 18th Congressional foundations whose hard work and dedication OF TEXAS District, I congratulate Krista Siegfried on plac- have been instrumental in making Newark ing second in the Manchester Umbro Inter- IN THE HOUSE OF REPRESENTATIVES Wayne Community Hospital a success. I con- national Cup. We recognize the tremendous gratulate all of you on reaching this important Wednesday, December 5, 2007 hard work and sportsmanship she has dem- milestone and know that you will continue to onstrated. serve the community proudly for another 50 Mr. SESSIONS. Madam Speaker, I rise years. today to proudly recognize the Dallas Field Of- f f fice of Immigration and Customs Enforcement, HONORING JACKIE AND MOLLIE and the Detention and Removal Operations TRIBUTE TO BILL HAMPTON SINGER agents who participated in Operation Commu- nity Shield—an annual, national law enforce- HON. JO ANN EMERSON HON. SHELLEY BERKLEY ment initiative that brings together federal, OF MISSOURI OF NEVADA state, and local law enforcement to fight gang IN THE HOUSE OF REPRESENTATIVES violence, drug smuggling and organized crime IN THE HOUSE OF REPRESENTATIVES Wednesday, December 5, 2007 linked to illegal immigration. Wednesday, December 5, 2007 Ms. BERKLEY. Madam Speaker, I rise I applaud the remarkable accomplishments Mrs. EMERSON. Madam Speaker, I rise today to recognize Jackie and Mollie Singer, they produced in just seven days of Operation today to congratulate Bill Hampton for receiv- remarkable twin sisters from my district in Las Community Shield: 120 gang members ar- ing the 2007 Missouri Community College As- Vegas, Nevada. At the age of four, Mollie was rested, including members from 28 alien sociation News Media Award. Mr. Hampton’s diagnosed with diabetes. Since that time, both gangs, 63 criminal arrests, and 8 firearms and work has been essential to the successes of sisters, now eighteen, have worked tirelessly over 4,000 grams of marijuana and cocaine Three Rivers Community College, TRCC. to raise money and promote awareness of the seized. Academic institutions such as TRCC require disease which afflicts more than 20 million consistent and aggressive advocacy to ad- Americans. Thanks to Operation Community Shield, nu- The Singer sisters first came to my attention merous murderers, rapists, and drug dealers vance opportunities for students. By using in- novative means to connect more than 20,000 nearly ten years ago on their first visit to my have been taken off our streets. With the col- office for the important advocacy work they laborative work of federal, state, and local law households to TRCC, Mr. Hampton has effec- tively conveyed the importance of this institu- began at such a young age. As part of their enforcement, Operation Community Shield en- tion to our regional communities. Mr. Hamp- spirited efforts, Mollie and Jackie organize an- ables officers to more effectively communicate ton’s optimistic, community-minded message nual walks and numerous other events to ben- between agencies, developing a ‘‘force multi- continues to foster necessary support for the efit the Juvenile Diabetes Research Founda- plier’’ effect in fighting against violent gangs college’s growth and continued improvement. tion. Altogether their efforts have raised more than $500,000 for the cause. The sisters have and criminal illegal immigrants. Consequently, With career experience in education, busi- I believe that this important initiative rep- also formed the Diabetic Angels, an inter- ness, and government, Mr. Hampton under- national support group for those suffering from resents a critical step in addressing the illegal stands the importance of higher education; he juvenile diabetes. immigration problem facing our community remains a generous supporter of the college The Singer sisters have put a memorable and nation. as a private citizen. Mr. Hampton’s contribu- face to this alarming medical crisis through Madam Speaker, I would further like to give tions, both professionally and personally, have speaking engagements, meetings with policy recognition to the leadership of John Chakwin, helped foster TRCC as the source for edu- makers, and numerous print and television cational and career opportunities for the entire ICE Special Agent-in-Charge, and Mrs. Nuria interviews. They have compiled many of their southern Missouri region. T. Prendes, Director for Detention and Re- experiences into a booklet entitled ‘‘The Road moval Operations. Both have remarkable Madam Speaker, it is a great privilege to to a Cure,’’ which gives pointers to parents honor Bill Hampton on winning this prestigious and kids on fundraising, health fairs, and pub- staffs that support the mission in light of the award. I ask that you join me along with the lic speaking. Members of my staff and I have challenging times in our nation, and their people of southern Missouri to congratulate had the pleasure of meeting with Mollie and steadfast commitment is one we can all be him on this wonderful achievement and to Jackie and their family on many occasions proud of in Dallas, Texas. wish him a happy and productive future. through the years.

VerDate Aug 31 2005 04:21 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A05DE8.003 E05DEPT1 cnoel on PRODPC60 with REMARKS_CN December 5, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2491 Madam Speaker, I am proud to honor the CONGRATULATING THE L.D. BELL HONORING MRS. HELENA SNYDER work of Mollie and Jackie Singer and their HIGH SCHOOL BLUE RAIDER ON THE CELEBATION OF HER family to raise awareness of diabetes and to MARCHING BAND 100TH BIRTHDAY work toward a cure, and I wish them contin- ued success in their efforts. HON. DANIEL LIPINSKI HON. MICHAEL C. BURGESS OF ILLINOIS f OF TEXAS IN THE HOUSE OF REPRESENTATIVES CONGRATULATING KAZAKHSTAN IN THE HOUSE OF REPRESENTATIVES Wednesday, December 5, 2007 ON ITS ELECTION AS CHAIR OF Mr. LIPINSKI. Madam Speaker I rise today OSCE Wednesday, December 5, 2007 to honor Mrs. Helena Snyder, an outstanding Mr. BURGESS. Madam Speaker, I rise American, on her 100th birthday. A resident of HON. EDOLPHUS TOWNS today to congratulate the L.D. Bell High Riverside, Illinois, for over fifty years, Helena celebrated 100 years on November 7th of this OF NEW YORK School Blue Raider Marching Band of Hurst, Texas, on being named the 2007 Bands of year. IN THE HOUSE OF REPRESENTATIVES America Grand National Champion on Novem- Born in Pekin, Illinois, to Sicilian parents, Wednesday, December 5, 2007 ber 17, 2007 in Indianapolis, Indiana. Helena grew up dreaming of a career in Chi- cago. After graduating high school, Helena left Mr. TOWNS. Madam Speaker, I welcome The L.D. Bell Blue Raider Marching Band Pekin to pursue her dream and was hired by the unanimous decision of the Organization for has participated in the Bands of America the offices of the U.S. District Attorney in Chi- Security and Cooperation in Europe (OSCE) Grand Nationals five times since 2001, placing cago. She remained employed there until to elect Kazakhstan its Chair-in-Office for 4th, 5th, 3rd, 2nd, and now 1st. They also re- 1939, when she married her husband Bernard 2010, reached on November 30, 2007 in Ma- ceived the highest achievement awards in the Snyder. drid. areas of Outstanding Music Performance and Shortly after their first child was born, World This is undoubtedly a monumental event not Outstanding General Effect. In the semi-finals War II began and Bernard enlisted in the only in the history of modem Kazakhstan, but round, the band received the highest score Navy. Helena and their son Brad moved to also of the OSCE of which the United States given in Bands of America history: an as- California with him until he was sent overseas. is a member. For the first time, a country tounding 97.8. Upon Bernard’s return, Helena became a full- which in recent past was part of the Soviet The Band is capably led by Director of time homemaker and spent much of her valu- Empire will lead this international institution. Bands Jeremy Earnhart, Assistant Director of able time volunteering for a number of dif- This vividly shows that Kazakhstan has man- Bands Jolette Wine, and Associate Band Di- ferent groups in her community. Notably, Hel- aged to make a breakthrough from its com- rectors Nick Thomas and Brandon Holt. ena has held many offices as a member of the munist past to a democratic future in a short I sincerely commend the L.D. Bell High Riverside Women’s Club and served as presi- time. This is also testimony to the evolutionary School Blue Raider Marching Band, their di- dent of the organization for two years. development of the OSCE itself. The Madrid rectors, and Drum Majors, for winning 1st Madam Speaker, it is my honor to recognize decision, helps the OSCE strengthen its unity place at the University Interscholastic League Mrs. Helena Snyder, an exceptional woman and become an organization of equal partners Bands of America Grand Nationals. Their hard and pillar in the community, on the celebration who sincerely believe in and are committed to work, dedication, desire to excel, and success of her 100th birthday. I am honored to have ideals of democracy and freedom. in promoting and performing music deserves such an outstanding individual in my district This is a stellar moment for the people of the highest recognition and congratulations. and wish Helena and her family a joyous cele- Kazakhstan, and a recognition of the long- I’m very proud to represent these students bration. standing efforts of their leader, President and teachers in the U.S. House of Represent- f Nursultan Nazarbayev, on building a truly atives. democratic and free society. President TRIBUTE TO EFRAIN GUERRERO, Nazarbayev has managed to achieve things AKA: ‘‘HAPPY’’ f leaders of many other countries can only HON. SOLOMON P. ORTIZ dream of. To pull the country from the chaos A PROCLAMATION HONORING OF TEXAS of Soviet era and lead it towards the ranks of ALEX LEAS FOR PLACING SEC- IN THE HOUSE OF REPRESENTATIVES economically strong and democratically devel- OND IN THE MANCHESTER oped nations of the world in a little more than UMBRO INTERNATIONAL CUP Wednesday, December 5, 2007 a decade takes incredible efforts, strategic vi- Mr. ORTIZ. Madam Speaker, I rise today to sion and endless care for one’s people. pay tribute to a unique American patriot, a Today, Kazakhstan is a recognized leader in HON. ZACHARY T. SPACE South Texan whose pleasure is derived from Central Asia, and I believe that, as Chair-in- OF OHIO making other people happy: Efrain Guerrero, Office, Kazakhstan will not only strengthen its also known as ‘‘Happy the Clown.’’ leadership in that key region but will also help IN THE HOUSE OF REPRESENTATIVES If you ever have the pleasure of talking to strengthen the OSCE’s authority internation- Wednesday, December 5, 2007 Happy, you will laugh too loud, and walk away ally, as well as improve mutual understanding wiping tears of laughter. If laughing is indeed and cooperation between East and West. Mr. SPACE. Madam Speaker: good for our health, Happy is an extraordinary Madam Speaker, next week the people of doctor. Kazakhstan will celebrate the 16th anniversary Whereas, Alex Leas competed in England’s largest youth soccer tournament; and Like every great American comedian, Happy of their independence and mark the establish- delves deeply into the human condition—our ment of Kazakhstan-U.S. diplomatic relations. Whereas, Alex Leas showed hard work and habits, our reactions, our relationships, and all We are proud that in these 16 years our rela- dedication to the sport of soccer; and the things that make us laugh about our- tions have developed into a true strategic part- Whereas, Alex Leas has broadened her selves, our families, and our lives. nership. Kazakhstan has always been true to abilities and skills in the sport of soccer; and Happy has a tremendous connection to peo- its commitments and has never wavered in its Whereas, Alex Leas was a supportive team ple, using humor—and his exceptional per- support for our nation. player; and sonal charm—to inspire them and motivate I join my colleagues in congratulating our them. He is an international award-winning en- strategic ally and friend with its Chairmanship Whereas, Alex Leas always displayed tertainer and public speaker throughout Texas of OSCE in 2010 and with the 16th anniver- sportsmanship on and off of the field; now, and the United States. As a motivational con- sary of independence. I strongly believe the therefore, be it sultant, Happy has made countless presen- opportunities Kazakhstan and our strategic Resolved, that along with her friends, family, tations to schools, health organizations, and partnership have to offer have not been fully and the residents of the 18th Congressional parent groups. explored. I wish the wise people of District, I congratulate Alex Leas on placing His humor is disarming. Happy recently Kazakhstan and their leader Nursultan second in the Manchester Umbro International brought down the room as a headliner at Nazarbayev happiness, well-being, and further Cup. We recognize the tremendous hard work Harrah’s Hotel & Casino in Las Vegas Ne- prosperity. and sportsmanship she has demonstrated. vada. He has written and co-produced comedy

VerDate Aug 31 2005 04:21 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A05DE8.006 E05DEPT1 cnoel on PRODPC60 with REMARKS_CN E2492 CONGRESSIONAL RECORD — Extensions of Remarks December 5, 2007 CD’s, and has been dubbed: a ‘‘Texas legend CONGRATULATING THE ACCOM- chooses students based upon their academic in entertainment.’’ PLISHMENTS OF SPECIAL OLYM- performance. Each student that qualifies for Happy is one of the top twenty-five Latino PIAN JESSICA CROOK OF LO- induction must have a B average or better, comedians in the United States. Happy’s per- GANSPORT, INDIANA and show ambition in areas such as grade formances have delighted thousands of di- point average, interests, activities, and future verse audiences who attend his comedy con- HON. JOE DONNELLY goals. certs, conventions, and private events OF INDIANA I extend my sincere congratulations to Ms. throughout the United States, Mexico, and IN THE HOUSE OF REPRESENTATIVES Riley Bell for her remarkable dedication to education and exemplary learning. Her com- Puerto Rico. Wednesday, December 5, 2007 Happy is a member of the Texas Magician’s mitment to her studies, her school, and her fu- Association and uses a level of magic in his Mr. DONNELLY. Madam Speaker, I am so ture should serve as an inspiration to all. I am shows and presentations, for which he has proud to rise before you today to offer a word honored to represent her in the 26th District of also won numerous awards. of congratulations to Special Olympian Jessica Texas. Crook of Logansport, Indiana for her accom- f He has written and produced five comedy plishments at this year’s World Games in CD’s: Happy Live Disconnected, El Pachuco Shanghai, China and for being selected as a TRIBUTE TO ELIZABETH SIMONE ´ Dude, Dale Gas, Happy Live! Chisquitito . . . member of the 2007–2009 class of Sargent and his most recent CD, Barely Reality. Happy Shriver International Global Messengers. HON. SAM GRAVES also released two comedy DVD’s, Happy Live! Not only is Jessica the first Global Mes- OF MISSOURI I and Happy Live! II. senger to be selected from the State of Indi- IN THE HOUSE OF REPRESENTATIVES On screen, Happy was featured in Harvest ana, but she is an accomplished athlete as Wednesday, December 5, 2007 of Redemption (April 2005), an independent well. She became involved with the Special film about the journey of an angry young man Olympics in 1999, with the Cass County Mr. GRAVES. Madam Speaker, I proudly in the Rio Grande Valley, cira 1920. Happy Aquatics program. In June 2005, Jessica won ask you to join me in recognizing Elizabeth was the original host and co-producer of the a Gold Medal in the Summer Games, and fol- Simone of Gladstone, Missouri. Elizabeth will comedy show Que Locoi on Galavision’s net- lowed up with two more in 2006. Also in 2006, be celebrating her 78th birthday on November work. Jessica won top honors in three events at the 22nd and it is my privilege to offer her my Happy’s recent comedy show, La Migra National Games. warmest regards. Gone Wild! is a Tejano comedian’s hysterical This year, Jessica was one of seven Hoo- Elizabeth raised three children and has perspective of the chaos immigration is caus- siers representing Team USA at the World eight grandchildren, including my legislative at- ing on both sides of the border ... his latest in- Games in Shanghai, China. She competed in torney Dominic Lackey. Elizabeth is a talented stallment of illustrating and illuminating three events at the World Games, held in No- pianist and now spends her days retired after through humor. vember, placing 6th in the 50-meter Freestyle, serving as an accomplished secretary for the I ask my colleagues to join me in com- winning a Silver Medal as part of the 4x50- International Association of Machinists and mending my friend, Efrain Guerrero ‘‘Happy,’’ meter Medley Relay team, and winning a Gold Aerospace Workers. for his intense and hysterical comedy that Medal in the 50-meter Butterfly. Madam Speaker, it is an honor to represent gives us all a hard look at ourselves and the As an International Global Messenger, Jes- Elizabeth in the United States Congress, and world around us. sica will serve for two years as a voice of the I wish her all the best on this birthday and Special Olympics. Sargent Shriver Inter- many more in the future. f national Global Messengers (IGM) are a group f of twelve Special Olympians from around the VIOLENT RADICALIZATION AND RECOGNIZING LAWSON CARDINALS world that speak on behalf of the Special HOMEGROWN TERRORISM PRE- HIGH SCHOOL FOOTBALL TEAM Olympics, appearing in various national and VENTION ACT international media outlets. The new class, consisting of athletes from across the globe, is HON. SAM GRAVES committed to the vision and benefits gained HON. RON PAUL OF MISSOURI from participation in athletics. Jessica is the OF TEXAS IN THE HOUSE OF REPRESENTATIVES first Special Olympian athlete from Indiana to IN THE HOUSE OF REPRESENTATIVES receive this distinguished appointment, and Wednesday, December 5, 2007 Wednesday, December 5, 2007 she is eager to relay the powerful declarations Mr. PAUL. Madam Speaker, I regret that I Mr. GRAVES. Madam Speaker, I proudly of hope, acceptance, dignity and courage of was unavoidably out of town on October 23, pause to recognize the outstanding achieve- Special Olympics Athletes around the world. 2007, when a vote was taken on H.R. 1955, ment of the Lawson Cardinals high school Again, it is my honor to join with the con- the Violent Radicalization and Homegrown football team on defeating Blair Oaks, by a stituents of Indiana’s Second Congressional Terrorism Prevention Act. Had I been able to score of 38–17, to win the Class 2 State District and around the country in congratu- vote, I would have voted against this mis- Championship. lating Jessica Crook of Logansport, Indiana, guided and dangerous piece of legislation. The Cardinals finished their incredible sea- for her accomplishments at the 2007 Special Olympics World Games and for being selected This legislation focuses the weight of the U.S. son by posting an unblemished record of 14– government inward toward its own citizens 0 this season while scoring 501 points and as a Sargent Shriver International Global Mes- senger. under the guise of protecting us against ‘‘vio- only allowing 145 points. In the Championship lent radicalization.’’ f game, the defense forced seven turnovers, re- I would like to note that this legislation was sulting in 24 points from turnovers, third most CONGRATULATING RILEY BELL brought to the floor for a vote under suspen- in Show-Me Bowl history. sion of regular order. These so-called ‘‘sus- Also, I want to recognize the great leader- HON. MICHAEL C. BURGESS pension’’ bills are meant to be non-controver- ship of the team, including Head Coach Todd OF TEXAS sial, thereby negating the need for the more Dunn and the work of his assistance coaches. IN THE HOUSE OF REPRESENTATIVES complete and open debate allowed under reg- I also want to acknowledge the work of school ular order. It is difficult for me to believe that administrators, Superintendent Craig Barker, Wednesday, December 5, 2007 none of my colleagues in Congress view H.R. Principal Don Edwards and Assistant Principal Mr. BURGESS. Madam Speaker, I rise 1955, with its troubling civil liberties implica- Clint Ross, and Athletic Director Scott Harrold, today to congratulate Riley Bell, of Trinity tions, as ‘‘non-controversial.’’ as additional keys to success. Christian Academy, on qualifying for induction There are many causes for concern in H.R. Madam Speaker, I ask you to join me in into the Spring 2007 National Honor Roll. 1955. The legislation specifically singles out congratulating the achievement of Lawson Riley resides in The Colony, TX and is in her the Internet for ‘‘facilitating violent Cardinals High School football team on their third year of high school at Trinity Christian. radicalization, ideologically based violence, perfect season and state championship. It is The National Honor Roll offers several ben- and the homegrown terrorism process’’ in the an honor to represent this team in the United efits that can contribute to the success of its United States. Such language may well be the States Congress. student members. The National Honor Roll first step toward U.S. government regulation of

VerDate Aug 31 2005 04:21 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A05DE8.009 E05DEPT1 cnoel on PRODPC60 with REMARKS_CN December 5, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2493 what we are allowed to access on the Internet. to enhance their ability to perform as a team RECOGNIZING THE 200TH ANNIVER- Are we, for our own good, to be subjected to and skills and techniques of this great sport. SARY OF THE SHERWOOD INN the kind of governmental control of the Inter- I congratulate the members of the volleyball net that we see in unfree societies? This bill team for their well-deserved victory and wish HON. JAMES T. WALSH certainly sets us on that course. them all the best in future endeavors. OF NEW YORK This seems to be an unwise and dangerous f IN THE HOUSE OF REPRESENTATIVES solution in search of a real problem. Previous acts of ideologically-motivated violence, A PROCLAMATION HONORING Wednesday, December 5, 2007 though rare, have been resolved successfully STELLA GIRKINS FOR PLACING Mr. WALSH of New York. Madam Speaker, using law enforcement techniques, existing SECOND IN THE MANCHESTER I rise today to recognize the 200th anniversary laws against violence and our court system. UMBRO INTERNATIONAL CUP of the Sherwood Inn in Skaneateles, New Even if there were a surge of ‘‘violent York. radicalization’’—a claim for which there is no HON. ZACHARY T. SPACE Founded by Isaac Sherwood in 1807 the evidence—there is no reason to believe that OF OHIO Sherwood Inn has served as a fixture in the our criminal justice system is so flawed and IN THE HOUSE OF REPRESENTATIVES Central New York community for two cen- weak as to be incapable of trying and pun- Wednesday, December 5, 2007 turies. Throughout its long history, the Sher- ishing those who perpetrate violent acts. wood Inn has seen many renovations and ex- Mr. SPACE. Madam Speaker: This legislation will set up a new govern- Whereas, Stella Girkins competed in Eng- pansions and been known by many different ment bureaucracy to monitor and further study land’s largest youth soccer tournament; and names and owned by numerous people, but it the as-yet undemonstrated pressing problem Whereas, Stella Girkins showed hard work has constantly been dedicated to serving trav- of homegrown terrorism and radicalization. It and dedication to the sport of soccer; and elers and diners in the area. During the influ- will no doubt prove to be another bureaucracy Whereas, Stella Girkins has broadened her enza epidemic of 1918 the Sherwood Inn went that artificially inflates problems so as to guar- abilities and skills in the sport of soccer; and above and beyond its call of public service by antee its future existence and funding. But it Whereas, Stella Girkins was a supportive serving as a temporary hospital. may do so at great further expense to our civil team player; and Owned by William Eberhardt since 1974, liberties. What disturbs me most about this Whereas, Stella Girkins always displayed the Sherwood Inn is one of the oldest, con- legislation is that it leaves the door wide open sportsmanship on and off of the field: Now, tinuously operating inns in New York State. It for the broadest definition of what constitutes therefore, be it has served as a place for community activi- ‘‘radicalization.’’ Could otherwise non-violent Resolved, that along with her friends, family, ties, business meetings, family gatherings, and anti-tax, antiwar, or anti-abortion groups fall and the residents of the 18th Congressional special events. Throughout its operation, the under the watchful eye of this new govern- District, I congratulate Stella Girkins on placing Sherwood Inn has employed hundreds of area ment commission? Assurances otherwise in second in the Manchester Umbro International citizens and has served as a crucial leader in this legislation are unconvincing. Cup. We recognize the tremendous hard work the revival of the village of Skaneateles and In addition, this legislation will create a De- and sportsmanship she has demonstrated. the Finger Lakes region. partment of Homeland Security-established f The Sherwood Inn has always strived to university-based body to further study maintain the highest standards of public serv- radicalization and to ‘‘contribute to the estab- TRIBUTE TO BEN AND MARTHA ice, and I am proud to recognize them today. lishment of training, written materials, informa- BIDEWELL I congratulate the past and present employees tion, analytical assistance and professional re- of the Sherwood Inn on reaching this mile- sources to aid in combating violent HON. JO ANN EMERSON stone, and I thank them for their two centuries radicalization and homegrown terrorism.’’ I OF MISSOURI of dedicated public service that has been such wonder whether this is really a legitimate role IN THE HOUSE OF REPRESENTATIVES a positive influence on the community. for institutes of higher learning in a free soci- Wednesday, December 5, 2007 f ety. Legislation such as this demands heavy- Mrs. EMERSON. Madam Speaker, I rise HONORING GERALDINE GENNET handed governmental action against American today to congratulate Ben and Martha citizens where no crime has been committed. Bidewell for receiving the 2007 Missouri Com- HON. SHELLEY BERKLEY It is yet another attack on our Constitutionally- munity College Association Award of Distinc- OF NEVADA protected civil liberties. It is my sincere hope tion. Their vision and commitment to education IN THE HOUSE OF REPRESENTATIVES has had an enduring impact on their commu- that we will reject such approaches to security, Wednesday, December 5, 2007 which will fail at their stated goal at a great nity, State and Nation. cost to our way of life. Three Rivers Community College (TRCC) Ms. BERKLEY. Madam Speaker, I rise f has played a critical role in helping people of today to thank Ms. Geraldine Gennet for her all ages develop the skills necessary to begin diligent service to the Office of General Coun- IN HONOR OF THE VARSITY and sustain a productive career. For four dec- sel for the House of Representatives. Ms. VOLLEYBALL TEAM AT CANYON ades, the Bidewells have generously contrib- Gennet joined the General Counsel’s office 12 CREEK CHRISTIAN ACADEMY uted their time, efforts and financial resources years ago, and served in the capacity of Gen- to the betterment of TRCC, ensuring a brighter eral Counsel for more than a decade. HON. PETE SESSIONS future for our State and Nation. Ms. Gennet worked tirelessly to carry out OF TEXAS Mr. and Mrs. Bidewell both possess a deep her office’s mandate to provide legal assist- IN THE HOUSE OF REPRESENTATIVES sense of community and true desire to im- ance and representation without regard to po- prove the lives of their neighbors. Their friend- litical affiliation. The advice and guidance she Wednesday, December 5, 2007 liness and optimism have positively impacted has provided to Speaker PELOSI, as well as to Mr. SESSIONS. Madam Speaker, I rise countless people both in and out of the col- former Speakers Gingrich and Hastert, was today to proudly recognize the Varsity lege. Their leadership, dedication and gen- unfailingly rooted in sound legal judgment and Volleyball team at Canyon Creek Christian erosity serve as an example to all, particularly an impartial reading of the law. In carrying on Academy (CCCA) for winning the 2007 Texas young students enrolled at TRCC. Poplar Bluff an important tradition of nonpartisanship, Ms. Association of Private and Parochial Schools and the entire southern Missouri region owe a Gennet significantly advanced the long-term, (TAPPS) Volleyball State Championship. debt of gratitude to Mr. and Mrs. Bidewell for institutional interests of the House. Specifi- Last weekend, CCCA defeated Austin Re- their significant contributions to higher edu- cally, her vigorous defense of the Constitu- gents 3–1 in the semi-finals and then pro- cation and their community. tional Speech or Debate clause has preserved ceeded to face the Tyler All Saints in their Madam Speaker, it is a great privilege to the rights of Members, committees, and staff final match. On November 10, 2007, CCCA honor Ben and Martha Bidewell on winning in their official capacities. emerged triumphant with the score of 3–0 and this prestigious award. I ask that you join me Ms. Gennet’s capable leadership of the won the coveted title of 4A State Champions. along with the people of southern Missouri to General Counsel’s office through an era This title speaks loudly of their hard work and congratulate Mr. and Mrs. Bidewell on this marked by partisan conflict is a testament to discipline, which led to their victory. I com- wonderful achievement and to wish them a her integrity and professionalism. I consider it mend them for dedicating the time and effort happy and productive future. an honor to have formed both a personal and

VerDate Aug 31 2005 04:21 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A05DE8.012 E05DEPT1 cnoel on PRODPC60 with REMARKS_CN E2494 CONGRESSIONAL RECORD — Extensions of Remarks December 5, 2007 working relationship with Geraldine during my recognize Coach Korhonen’s unyielding dedi- Whereas, Bailey Van Order competed in tenure in Congress. I wish her continued suc- cation and honor this great milestone in his England’s largest youth soccer tournament; cess, and once again thank her for her service career. and to the House of Representatives. Considered to be one of the best coaches Whereas, Bailey Van Order showed hard f in Illinois football history, Coach Korhonen’s work and dedication to the sport of soccer; legacy reached a new level this fall when his and A TRIBUTE TO REVEREND DR. Richards squad faced Evergreen Park High WILLIAM A. WATSON, JR. Whereas, Bailey Van Order has broadened School. Their 44–0 victory gave Korhonen his her abilities and skills in the sport of soccer; record-breaking 301st win as an Illinois head and football coach and propelled the Richards Bull- HON. EDOLPHUS TOWNS Whereas, Bailey Van Order was a sup- dogs into their 23rd consecutive playoff berth. OF NEW YORK portive team player; and IN THE HOUSE OF REPRESENTATIVES With this win, Coach Korhonen broke the record of 300 wins previously set by Provi- Whereas, Bailey Van Order always dis- Wednesday, December 5, 2007 dence Catholic Coach Matt Senffner. played sportsmanship on and off of the field; Mr. TOWNS. Madam Speaker, I rise today Demonstrating a high commitment to the now, therefore, be it to pay tribute and honor to the work and success of the individual members of his Resolved, that along with her friends, family, achievements of Rev. Dr. William A. Watson, team, Coach Korhonen’s understanding of and the residents of the 18th Congressional Jr. A native of Portsmouth, Virginia, Reverend what truly defines success doesn’t include the District, I congratulate Bailey Van Order on William Jr. is the fifth of seven children and number of games he’s won as a coach. placing second in the Manchester Umbro the first male child born to Deacon William A. Korhonen considers his greatest accomplish- International Cup. We recognize the tremen- Watson, Sr., and Cornelia Watson. ment in life to be the fact that he has sent 274 dous hard work and sportsmanship she has Reverend William Jr. was educated in the kids to college on scholarships. Always believ- demonstrated. Virginia public school system. He relocated to ing in the potential of his team, Korhonen Hempstead, New York, and earned a voca- humbly puts the kids first, saying, ‘‘It’s not f tional degree from Manpower Development about me, but about everyone else I’m work- TRIBUTE TO JAIME Y LOS Training School in New Hyde Park. Reverend ing with.’’ CHAMACOS William Jr. became a licensed minister in June Madam Speaker, I rise to honor Coach Gary 1978. He was ordained in July 1979 as an as- Korhonen for the positive role model that he is sistant to the late Rev. Joseph J. Howell. He to the young men of Richards High School HON. SOLOMON P. ORTIZ and for his continuing commitment to excel- became the interim Pastor of St. John’s Bap- OF TEXAS tist Church in Westbury in April 1983. Fol- lence for his players, both on and off the field. IN THE HOUSE OF REPRESENTATIVES lowing that, he became the first secretary of As the Representative of the 3rd District of Illi- the Eastern Baptist Association’s Board of nois, I am proud to say that we are home to Wednesday, December 5, 2007 Evangelism. the state’s winningest coach, and I wish him and his team great success in the coming Mr. ORTIZ. Madam Speaker, I rise today to Reverend William Jr. served as chairman of boast about one of the great bands to come the board of evangelism; vice-moderator of seasons. f out of South Texas, Jaime y Los Chamacos. Nassau County; vice-moderator at large of the Led by renowned maestro of the accordion, Eastern Baptist Association of New York, Inc. CONGRATULATING REYNA Jaime de la Anda, the band’s success can be He was appointed Vice President of area 7 for TREVINO directly attributed to 15 years of combined tal- the Empire Baptist Missionary Convention, ent, and continues to live up to their stage Inc., of New York State. In addition, he is the HON. MICHAEL C. BURGESS name with youthful energy that appeals to au- chaplain for the incorporated village of OF TEXAS diences of all ages. Hempstead’s police department and president IN THE HOUSE OF REPRESENTATIVES The distinct music of the Texas border— of its board of directors. whether known as norten˜o, tejano, or Reverend William Jr. is a retired business- Wednesday, December 5, 2007 conjunto—has grown together in the modem man and a 41-year resident of the incor- Mr. BURGESS. Madam Speaker, I rise Mexican-American community. The genres porated village of Hempstead. He continues to today to congratulate Reyna Trevino of Little emerged during the late 19th century in north- be on the front line of the struggle for unity Elm High School in Little Elm, TX, on quali- ern Mexico, when local bands blended tradi- and empowerment for the church and his fying for induction into the Spring 2007 Na- tional Mexican folk music with the accordion community. tional Honor Roll. sounds and polka music brought by German Madam Speaker, I would like to recognize The National Honor Roll offers several ben- immigrants. What emerged were the lively Rev. Dr. William A. Watson, Jr., for his con- efits that can contribute to the success of its sounds that continue to be heard at any family tributions to our community and for his years student members. The National Honor Roll gathering, beer hall, or fiesta. of service to New Yorkers. chooses students based upon their academic Madam Speaker, I urge my colleagues to performance. Each student that qualifies for Los Chamacos combine all these genres join me in paying tribute to Rev. Dr. William A. induction must have a B average or better, with a pop sensibility and a dynamic stage Watson, Jr. and show ambition in areas such as grade presence. Though proud of their Texas roots, point average, interests, activities, and future Los Chamacos now boasts of their inter- f goals. national appeal, having performed in venues HONORING COACH GARY I extend my sincere congratulations to Ms. all across the United States and Mexico. They KORHONEN OF RICHARDS HIGH Reyna Trevino for her remarkable dedication have made numerous appearances on popular SCHOOL FOR HIS RECORD- to education and exemplary learning. Her television shows and even had the honor of BREAKING 301ST WIN IN ILLINOIS commitment to her studies, her school, and performing for President Bill Clinton and First her future should serve as an inspiration to all. Lady Hillary Rodham Clinton in Corpus Christi, HON. DANIEL LIPINSKI I am honored to represent her in the 26th Dis- Texas. trict of Texas. OF ILLINOIS Their accolades and awards also speak for f themselves: numerous hits on the Billboard IN THE HOUSE OF REPRESENTATIVES Records’ Hot Latin Charts, 5 Grammy nomina- Wednesday, December 5, 2007 A PROCLAMATION HONORING BAI- LEY VAN ORDER FOR PLACING tions, the Texas Talent Management Associa- Mr. LIPINSKI. Madam Speaker, I rise today SECOND IN THE MANCHESTER tion Show Band of the Year, and the Tejano to honor Coach Gary Korhonen of the Rich- UMBRO INTERNATIONAL CUP Music Awards Traditional Album of the Year. ards High School football team in Oak Lawn, Despite their success, the band has re- Illinois, for his achievement as the all time mained humble and appreciative of their loyal winningest prep school coach in the state of Il- HON. ZACHARY T. SPACE fans, having appeared in several public serv- OF OHIO linois. Breaking the record on September 28th, ice announcements and numerous community IN THE HOUSE OF REPRESENTATIVES 2007, with his 301st win, Coach Korhonen has events. More importantly, Los Chamacos and demonstrated a great commitment to his stu- Wednesday, December 5, 2007 their music represent all the aspects that dent-athletes. I am pleased to rise today to Mr. SPACE. Madam Speaker: make the culture of South Texas so unique.

VerDate Aug 31 2005 04:21 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A05DE8.015 E05DEPT1 cnoel on PRODPC60 with REMARKS_CN December 5, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2495 RECOGNIZING PHILLIP EARLEY A PROCLAMATION HONORING Pamela Melroy became the second female CASEY CLIFF FOR PLACING SEC- space shuttle commander on October 23, OND IN THE MANCHESTER 2007 when mission STS–120 launched. This HON. SAM GRAVES UMBRO INTERNATIONAL CUP delivered the Harmony module to the Inter- OF MISSOURI national Space Station in order to prepare the IN THE HOUSE OF REPRESENTATIVES HON. ZACHARY T. SPACE station for future missions. Melroy follows in the footsteps of fellow Upstate New York na- Wednesday, December 5, 2007 OF OHIO IN THE HOUSE OF REPRESENTATIVES tive Eileen Collins, who was the first female Mr. GRAVES. Madam Speaker, I proudly Wednesday, December 5, 2007 space shuttle commander. pause to recognize Phillip Earley, of Chil- Throughout her career Commander Melroy licothe, MO. Phillip is an active student at Chil- Mr. SPACE. Madam Speaker: has served as a valuable co-worker and lead- licothe High School by participating in many Whereas, Casey Cliff competed in Eng- er and is highly respected by those who work extracurricular activities. During his time at land’s largest youth soccer tournament; and with her. Her contributions to her country as a school, he has received many outstanding ath- Whereas, Casey Cliff showed hard work member of the Air Force and as an astronaut letic and academic achievements. and dedication to the sport of soccer; and are invaluable. Inspired by Apollo missions Whereas, Casey Cliff has broadened her Phillip has been actively serving his student when she was younger, Melroy herself serves abilities and skills in the sport of soccer; and as an inspiration by showing how far women body and teammates by participating in C– Whereas, Casey Cliff was a supportive team Club and football. For his excellence in foot- have come in the space program. player; and Representative KUHL and I thank Pamela ball, he was selected for the All District First Whereas, Casey Cliff always displayed Melroy for her dedication and service to her Team Offense and the All Conference Second sportsmanship on and off of the field; now, country as a member of the Air Force and as Team Offense and Defense. He also received therefore, be it an astronaut and congratulate her on a suc- the honor of being selected by the Missouri Resolved, that along with her friends, family, cessful career thus far. She has and will con- Sportswriters to the Class 3 All State Football and the residents of the 18th Congressional tinue to be a true leader and an excellent role Team. District, I congratulate Casey Cliff on placing model for young people today. Not only has Phillip been honored with second in the Manchester Umbro International many awards for his dedication and service to Cup. We recognize the tremendous hard work f his football team, but also has been honored and sportsmanship she has demonstrated. A TRIBUTE TO MRS. MAGGIE for his academic excellence. This includes re- f BAKER ceiving the academic letter twice at his school. IN RECOGNITION OF COMMANDER Also, I would like to recognize the coaches PAMELA MELROY HON. EDOLPHUS TOWNS that have inspired Phillip to achieve his best in OF NEW YORK athletics and academics. These notable IN THE HOUSE OF REPRESENTATIVES coaches are Phil Willard, Jeff Staton, and HON. JAMES T. WALSH Wednesday, December 5, 2007 Dave Mapel. OF NEW YORK Madam Speaker, I proudly ask you to join IN THE HOUSE OF REPRESENTATIVES Mr. TOWNS. Madam Speaker, I rise today me in recognizing Phillip Earley. His dedica- Wednesday, December 5, 2007 to pay to Mrs. Maggie Baker. Mrs. Baker was born in Alabama and mi- tion and service to his school has been ex- Mr. WALSH of New York. Madam Speaker, grated to Brooklyn, NY, where she married tremely important to the success of his team I rise today on behalf of myself and Mr. KUHL Jessie Baker, Sr. She and her husband of 45 record and to his academic achievement. I of New York to recognize Pamela Melroy; years are the proud parents of 5 sons, 1 commend his exemplary record for of all of his Commander of the Space Shuttle Discovery athletic and academic honors, and I am hon- daughter, and 20 grandchildren. Mission STS–120. Mrs. Baker is most recognized for her years ored to represent him in the United States Ms. Melroy has become just the second fe- of service with the board of education until Congress. male shuttle commander in NASA’s history. 2004. A dedicated member of New Canaan Despite NASA being comprised of approxi- Baptist Church, Mrs. Baker has served as f mately 19 percent women, there are currently president of the usher board and as a Sunday no other female pilot-astronauts within the school teacher for more than 31 years. Al- RECOGNIZING THE 5TH GRADE agency, which makes it probable that Com- though she is actively involved in other com- STUDENTS OF PECAN CREEK EL- mander Melroy may also be the last woman to munity organizations, Mrs. Baker enjoys EMENTARY command a space shuttle before the program spending quality time with her family and trav- ends in 2010. eling. As a member of a military family, Melroy HON. MICHAEL C. BURGESS Madam Speaker, I would like to recognize spent her childhood living in many towns, but OF TEXAS the impressive achievements of Mrs. Maggie considers Rochester, NY, her hometown. She Baker for her commitment to the Brooklyn IN THE HOUSE OF REPRESENTATIVES graduated from Bishop Kearney High School community. Wednesday, December 5, 2007 in Rochester and earned her bachelor’s de- Madam Speaker, I urge my colleagues to gree in physics and astronomy from Wellesley Mr. BURGESS. Madam Speaker, I rise join me in paying tribute to a great individual College. Melroy continued her education and of high morals, ethics, and integrity. today to recognize the superior community received her masters of science degree from service and dedication of the 5th grade stu- Massachusetts Institute of Technology. f dents from Pecan Creek Elementary School in Commander Melroy served in the United CELEBRATING THE 50TH ANNIVER- Denton, Texas. These students volunteered States Air Force from 1983 until 2007. During SARY OF ST. CATHERINE OF AL- many hours to illustrate a children’s book, her career in the Air Force, she flew combat EXANDRIA PARISH IN OAK More Than Just a Mvule Tree, which raised missions in Iraq, and eventually graduated LAWN, ILLINOIS money to plant trees in Uganda. from the Air Force’s exclusive test-pilot school. The students’ teacher, Ms. Natalie Mead, Over the span of her 24-year career, she helped with the project, which sold 600 copies HON. DANIEL LIPINSKI logged 5,000 hours of flight time in 45 different OF ILLINOIS of the 24-page first edition book. The sales of aircrafts. IN THE HOUSE OF REPRESENTATIVES those books, along with sponsorships, filled Pamela Melroy began her astronaut career the village of Wonkonge in Uganda with 170 in 1994 when she was selected as a can- Wednesday, December 5, 2007 Mvule trees. didate by NASA. Prior to her becoming Com- Mr. LIPINSKI. Madam Speaker, I rise today Madam Speaker, it is with great honor that mander of Discovery, Melroy worked on a to honor St. Catherine of Alexandria Catholic I stand here today to recognize these students number of projects and took on a number of Parish as they celebrate 50 years of commu- and their teacher. The students of Pecan roles within NASA. She served on the Colum- nity, faith, and service. Throughout their his- Creek Elementary School’s 5th Grade class bia Reconstruction Team, as deputy project tory, the parishioners of St. Catherine’s have have shown commitment to their local and manager for a crew survival investigation served commendably as a pillar of the Oak international community. I am honored to rep- team, and as a pilot on two space shuttle mis- Lawn community, and I am pleased to honor resent them in the 26th District of Texas. sions. their 50th anniversary.

VerDate Aug 31 2005 04:21 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A05DE8.019 E05DEPT1 cnoel on PRODPC60 with REMARKS_CN E2496 CONGRESSIONAL RECORD — Extensions of Remarks December 5, 2007 The story of St. Catherine of Alexandria Also, I want to recognize the great leader- of Maryland have benefited from John’s skill Catholic Parish began in 1957, when the ship of Clint’s exemplary coaches Phil Willard, as an editor, insight as a writer, and dedica- Roman Catholic population of the Ranch Jeff Staton, and Dave Mapel who took great tion to the community that he has served for Manor District of Oak Lawn began looking for lengths in assuring his outstanding athletic so long. a new place to worship. They petitioned the and academic performances. Many in Bowie recognize John by his long Archdiocese of Chicago to establish a new Madam Speaker, I ask you to join me in association with the Editor’s View column he church in their area, and on August 21, 1957, congratulating the achievement of Clint writes for the paper. Through this column and St. Catherine of Alexandria Parish was Macoubrie for all his accomplishments in ath- other writings, John has earned distinction for canonically erected. letic and academic excellence. It is an honor his thoughtful, objective style of journalism that While men in the parish built a chapel and to represent him in the United States Con- has helped drive the Bowie Blade-News to an office, services were temporarily held at gress. significant acclaim. Brother Rice High School. Through hard work f After serving in the Air Force during the and dedication throughout the years, the par- Vietnam era, John joined the Bowie News as ish has expanded to accommodate the large RECOGNIZING CARNEGIE HALL’S editor in 1971 and became the editor and gen- increase of worshippers. When the parish was CULTURAL EXCHANGE PROGRAM eral manager of the new Bowie-Blade News in dedicated on November 23, 1958, the parish 1978 when the Bowie News merged with the facilities consisted of the church and an eight- HON. CAROLYN B. MALONEY Bowie Blade. room school for 367 families. Today, there are OF NEW YORK Madam Speaker, under John’s leadership, 12 additional classrooms, a convent, and a IN THE HOUSE OF REPRESENTATIVES the Bowie-Blade News has earned numerous recognitions, among them the Newspaper of rectory to serve the 2200 families who worship Wednesday, December 5, 2007 there. the Year award in 1999 from the SEQ Chapter Mrs. MALONEY of New York. Madam of the Maryland-Delaware-District of Columbia From their first pastor, Reverend John M. Speaker, I rise today to bring attention to a Kane, to their current pastor, Father Patrick Press Association. The paper has also won very special occasion that will take place in the Best in Show award for several investiga- Henry, the parishioners of St. Catherine’s New York’s 14th Congressional District this have enriched the lives of their fellow citizens tive pieces over the years as well as awards week. Eight New York City high schools, in- for newspaper design. by providing community outreach, a strong cluding the Life Sciences Secondary School John has earned several accolades of his grade school, and an unwavering commitment and Company High School for Theatre Art, will own for his individual achievements in the to their faith. The members of St. Catherine’s participate in a musical and cultural exchange news industry, including first place awards for continue to develop their community, building event at New York City’s world-renowned Car- his Editor’s View column. He has been a long- gyms, kitchens, and meeting rooms to provide negie Hall on December 5, 2007. time member of the Society of Professional a safe environment for area children and a Carnegie Hall’s cultural exchange program Journalists (Sigma Delta Chi). John is also a focal point for their community. will bring together a select group of eight lifetime member of both the Disabled Amer- I rise today, Madam Speaker, to commend classrooms in New York City and an equal ican Veterans and the American Legion. the hard work, dedication, and faith that have number in Istanbul, Turkey. Students in both During John’s 36 years in Bowie, he has re- characterized the first 50 years of St. Cath- countries have worked in their respective mained resolute in his commitment to truth erine of Alexandria Catholic Parish. I am classrooms for the past ten weeks to learn and fairness as guiding journalistic principles. proud to have in the Third District such a about each other’s nation and culture. On John has served as an effective watchdog of strong example of the great contributions that Wednesday, students and teachers will meet the public interest in his community, and for Catholic parishes and schools make to this face to face via teleconferencing technology to that alone, he should be lauded. country. My prayers and best wishes are with share a real-time cultural exchange using Among John’s most admirable qualities is the parishioners of St. Catherine’s as they cel- music as the common language. American his keen sense of humor. Although sometimes ebrate their 50th anniversary. and Turkish teachers and students in the pro- the target of that humor, I recognize that John f gram will continue to communicate with one is an equal opportunity satirist who adeptly uses the power of the writer’s pen to make RECOGNIZING CLINT MACOUBRIE another on a dedicated internet space for the duration of the school year. Carnegie Hall has sound and insightful observations. And while developed this unique exchange program in John and I have sometimes fallen on different HON. SAM GRAVES partnership with the U.S. Department of State, sides of a debate, we have grown to be OF MISSOURI and I am pleased that this public-private part- friends over the years, and hold each other in IN THE HOUSE OF REPRESENTATIVES nership will produce a meaningful, enriching high mutual respect and esteem. Wednesday, December 5, 2007 and lasting experience for students in New After all, Madam Speaker, we have both wit- nessed the City of Bowie’s evolution into the Mr. GRAVES. Madam Speaker, I proudly York City and Istanbul. Music is a universal language through which vibrant and diverse community that John is pause to recognize the outstanding achieve- proud to call home, and I am proud to rep- ment of Clint Macoubrie, and all of his numer- improved understanding among our Nation’s respective citizenry can be found. I commend resent in Congress. All the while, John has ous athletic and academic honors at Chil- maintained an innate ability to keep his finger licothe High School in Chillicothe, MO. Carnegie Hall, the U.S. Department of State, and the private sector sponsors of this pro- firmly pressed on the pulse of the community, Clint is actively involved in his school by knowing better than most what makes Bowie participating in many extracurricular activities. gram. Most importantly, I congratulate the young men and women participating in this such a great place to work and live. He has played golf, basketball and football all As a resident of Bowie, John has served program and add my encouragement for their throughout his sophomore, junior, and senior with countless community organizations and continued pursuit of improved cultural under- year, and has received many awards and hon- played a pivotal role in the formation of the standing through music and the arts. ors for his exemplary skills and character. He Bowie YMCA. For his work in the community, has been given the KKWK Outstanding Ath- f John has been honored by a number of civic letic Achievement Award and has also been AN EXTRAORDINARY CAREER, AN groups, including the Dr. Martin Luther King, named to the KMZU Dream Team with the EXTRAORDINARY CITIZEN Jr. Commemorative Committee of Bowie, the title of Class 3/4 Football Defensive Player of Bowie Civic Affairs Committee, and the Mary- the Year. Clint also holds the school record for HON. STENY H. HOYER land-National Capital Park and Planning Com- the most rushing touchdowns at Chillicothe OF MARYLAND mission. High School. Madam Speaker, John’s career is significant IN THE HOUSE OF REPRESENTATIVES Clint is as dedicated to his athletics as he not only in years and accomplishments, but is to his academics. He has excelled in his Wednesday, December 5, 2007 also for the impact he has had in the City of studies by receiving the Top 10% of Class Mr. HOYER. Madam Speaker, I stand today Bowie. For three and a half decades, he has Academic Excellence Award, the George to recognize the career and contributions of a dedicated himself to working for the interests Washington Carver Award for Excellent Aca- longtime friend and newspaperman in Mary- of his fellow Bowie residents and the good of demic Achievement, and the President’s Edu- land’s Fifth Congressional District, John the community. In recognition of his retirement cation Award for Outstanding Academic Excel- Rouse, the editor of the Bowie Blade News. as editor of the Bowie Blade-News and a pub- lence. Not only is he an example and leader For 36 years, the citizens of the City of lic life filled with distinction, I ask my col- on the field, but also in the classroom. Bowie, Prince George’s County, and the State leagues to join with me in offering him our

VerDate Aug 31 2005 04:21 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A05DE8.022 E05DEPT1 cnoel on PRODPC60 with REMARKS_CN December 5, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2497 congratulations and wishing him the very best A TRIBUTE TO WILLIAM TURNER wife, Tatiana, jointly captained this team. Glo- in his retirement. ria lived with MS for many years. And, her HON. EDOLPHUS TOWNS family lived through it with her with courage f OF NEW YORK and grace and dignity. In the end, Gloria re- IN THE HOUSE OF REPRESENTATIVES grettably was unable to make it to Joe and CONGRATULATING THE DENTON Tatiana’s wedding in August; but her spirit was COUNTY CORRECTIONAL HEALTH Wednesday, December 5, 2007 ever-present and she will surely be watching TEAM Mr. TOWNS. Madam Speaker, I rise today over this young couple’s life together. to pay tribute and honor the work and Tatiana also serves as my district director HON. MICHAEL C. BURGESS achievements of William Turner. William is the and I know firsthand of her extraordinary OF TEXAS second child born to the union of William and sense of public service. The energy and deter- IN THE HOUSE OF REPRESENTATIVES Mary Turner of Tampa, Florida. William spent mination that Tatiana and Joe have dem- his childhood years in Tampa and later mi- onstrated in raising funds for and awareness Wednesday, December 5, 2007 grated to Philadelphia, Pennsylvania with his of multiple sclerosis and the example they Mr. BURGESS. Madam Speaker, I rise uncle Samuel Turner. He left Pennsylvania for have provided for other families living with MS today to congratulate four members of the New York where he studied at Pace Univer- are a tremendous contribution to the commu- Denton County Correctional Health Team for sity, Long Island University, Columbia Univer- nity in which they have grown up and now live being accredited ‘‘Certified Correctional Health sity, New York University, Hofstra University as husband and wife. Providers’’ by the National Commission on and Brooklyn College. I was proud to join Tatiana, Joe, and the Correctional Health Care. The four health care William has been an entrepreneur in the rest of Q’s Crew at the MS walk in April. And, providers are Medical Lt. John Kissinger, Med- Bedford-Stuyvesant Community for more than I continue to be proud of all that they do to ical Sgt. Shannon Sprabary, Standards and 45 years, primarily as President of Cross Boro fight MS. Quality Assurance Provider Dr. Randall Realty. He is also a licensed insurance broker, f certified general appraiser and tax consultant. Kesseler, and Juvenile Health Supervisor MOMENT OF SILENCE IN MEMORY Caren Curtis. He has served on the Bedford-Stuyvesant Real Estate Board as president, chairman, OF FORMER REPRESENTATIVE The National Commission on Correctional HENRY HYDE OF ILLINOIS Health Care certification is the highest level of vice-president, and secretary. He has also served as president of the Real Estate Non- certification for correctional health providers. SPEECH OF This is a great honor as there are only 2,000 Profit Housing Company, chairman of the certified health care providers in all of the cor- Legal Defense Fund, chairman of the Journal HON. DANIEL LIPINSKI rectional facilities in the United States. The Committee and elected to the honorary posi- OF ILLINOIS Health Department runs a full medical facility tion of ambassador at large. IN THE HOUSE OF REPRESENTATIVES in the Denton County facility, and provides William has initiated and coordinated sev- Tuesday, December 4, 2007 emergency, routine and chronic care for over eral programs, among them: The development Mr. LIPINSKI. Mr. Speaker, I rise today to 1,000 inmates. of a strong educational program for members offer my deepest condolences on the loss of The individual and team accomplishments of of the Bedford-Stuyvesant Real Estate Board Congressman Henry Hyde. It is a great honor these members contribute greatly to the safety which allows them to survive one of the worst to have known him and served with Henry, a and security of all inmates of the facility. I am housing crises in our Nation’s history; assisted dedicated public servant whose devotion to his very proud of their dedication to their commu- board members in winning 7 of 9 Housing and constituency, values, and country was rivaled nity and country. It is my honor to represent Urban Development area managers’ contracts, and; presented testimony on redlining in the by few. these men and women, and I wish them con- Though I only shared a single term in the tinued successes in the future. Their persist- Bedford-Stuyvesant area to a legislative panel chaired by the Honorable Shirley Chisholm. House of Representatives with Congressman ence and commitment should serve as an in- Hyde, I felt privileged to serve with him in the spiration to us all. William is married to his lovely wife, Melanie Turner. He is the proud father of 3 daughters, Illinois congressional delegation. A man well- known for his eloquent speeches, Henry Hyde f Sheila, Joyce, and Karen; three grand- daughters, Fallon, Melanie, Jazmine; and 1 was a legend throughout Illinois and the entire A PROCLAMATION HONORING grandson, Ronald Cartlidge III. country. ALISHA HASTILOW FOR PLACING Madam Speaker, I would like to recognize Throughout his 32-year tenure in the House SECOND IN THE MANCHESTER the contributions of William Turner. He has of Representatives, Congressman Hyde UMBRO INTERNATIONAL CUP been a pillar of the Bedford-Stuyvesant busi- proved to be an intellectual powerhouse, com- ness community for years. manding respect for the strong arguments and HON. ZACHARY T. SPACE Madam Speaker, I urge my colleagues to stimulating debate that he brought to the join me in paying tribute to William Turner. House. A true statesman, Henry was known OF OHIO f for his ability to bring opposing sides of a de- IN THE HOUSE OF REPRESENTATIVES bate together to find a consensus for the good Wednesday, December 5, 2007 COMMENDING Q’S CREW FOR ITS of the country. COMMITMENT TO THE PEOPLE In the House, Congressman Hyde was influ- Mr. SPACE. Madam Speaker: AND FAMILIES AFECTED BY ential on matters of international importance, Whereas, Alisha Hastilow competed in Eng- MULTIPLE SCLEROSIS having chaired both the Committee on the Ju- land’s largest youth soccer tournament; and diciary and the Committee on International Re- Whereas, Alisha Hastilow showed hard work HON. SCOTT GARRETT lations. I have particularly great respect for his and dedication to the sport of soccer; and OF NEW JERSEY eloquent voice on American foreign policy dur- Whereas, Alisha Hastilow has broadened IN THE HOUSE OF REPRESENTATIVES ing the Cold War. her abilities and skills in the sport of soccer; For his public service and great contribu- and Wednesday, December 5, 2007 tions to America throughout his career, not the Whereas, Alisha Hastilow was a supportive Mr. GARRETT of New Jersey. Madam least of which was his brave service in the team player; and Speaker, I rise today to commend the team Navy during World War II, Congressman Hyde Whereas, Alisha Hastilow always displayed members of Q’s Crew, which was recently was recently recognized with the Presidential sportsmanship on and off of the field; now, honored by the Greater North Jersey Chapter Medal of Freedom. Awarded by the President therefore, be it of the National MS Society for raising the most and given only to those individuals who have Resolved, that along with her friends, family, money as a rookie team during the annual MS made an especially meritorious contribution to and the residents of the 18th Congressional walk this past April. They also received the the security or national interests of the United District, I congratulate Alisha Hastilow on plac- Mission Possible Award for raising more than States, this is the Nation’s highest civilian ing second in the Manchester Umbro Inter- $20,000 in that endeavor. honor. national Cup. We recognize the tremendous Q’s Crew gets its name from Gloria Mar- A man who always stayed true to his faith, hard work and sportsmanship she has dem- quis, who succumbed to MS just prior to the Henry Hyde was unwavering in defending his onstrated. walk. Her son, Joe, and his then-fiance´e, now- values and beliefs with every word he spoke.

VerDate Aug 31 2005 04:21 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A05DE8.025 E05DEPT1 cnoel on PRODPC60 with REMARKS_CN E2498 CONGRESSIONAL RECORD — Extensions of Remarks December 5, 2007 In the end, I will always admire Henry for his CONGRATULATING MR. RICE M. Geneva Richburg. Reverend Richburg was basic belief that the law exists to protect the TILLEY, JR. born and raised in Summerton, SC, and is the weak from the strong, and his willingness to 15th of 21 children. Her parents are the late fight for this principle. HON. MICHAEL C. BURGESS Reverend Gussie Pearson and Mrs. Geneva Pearson. Mr. Speaker, I rise today not only to honor OF TEXAS Reverend Richburg, a member of the New Henry Hyde, a great man, but to recognize the IN THE HOUSE OF REPRESENTATIVES Wednesday, December 5, 2007 Canaan Baptist for 18 years, was called to be impact he has made on our country. America an evangelist in 1990 and ordained as a rev- no doubt will feel the loss of this man who so Mr. BURGESS. Madam Speaker, I rise erend in 2004. She has served as president of deeply committed himself to his country. I today to congratulate Mr. Rice M. Tilley, Jr., the New Canaan’s Christian Women’s Fellow- count myself lucky that I had the opportunity practicing attorney with Haynes and Boone, ship; vice president of the Pastor’s Aide Club to serve with him. My thoughts and prayers LLP, as the recipient of the 2007 ‘‘Distin- Ministry; chaplain of the Sunday school de- are with his wife and family. guished Citizens Award’’ from the Longhorn partment; and as a member of the block asso- Council, Boy Scouts of America. ciation. f Mr. Tilley practices law in the Northern Dis- Reverend Richburg was married to Frank trict Court of Texas, as well as the U.S. Court Richburg, Sr., for 32 years prior to his death. of Appeals, Fifth Circuit. He has over 40 years HONORING THE 50TH ANNIVER- Of that union, four children were born: Frank, of experience in the fields of taxation, estate SARY OF THE GREATER SPRING- Jr., Jeremiah, Theresa, and Harry. She also planning, and business formation, among oth- FIELD CHAMBER OF COMMERCE has 14 grandchildren. ers. Madam Speaker, I commend Rev. Rush Mr. Tilley is very active in his community Geneva Richburg for her contributions to her HON. TOM DAVIS and holds positions on the Fort Worth Cham- ber of Commerce, Leadership Fort Worth, and church and her community. Madam Speaker, I urge my colleagues to OF VIRGINIA The University of North Texas’ Board of Re- join me in paying tribute to this wonderful IN THE HOUSE OF REPRESENTATIVES gents, as well as other organizations. The leadership skills Mr. Tilley possesses woman. Wednesday, December 5, 2007 are evident through not only his profession, f but his charitable and community work as well. IN REMEMBRANCE OF LATE CON- Mr. DAVIS of Virginia. Madam Speaker, I I extend my sincere congratulations to Mr. GRESSMAN AUGUSTUS FREEMAN rise today to honor the Greater Springfield Rice M. Tilley, Jr., on receiving this award, ‘‘GUS’’ HAWKINS Chamber of Commerce as it celebrates its and I praise his dedication, commitment, and 50th anniversary. desire to help his community and country. I am honored to represent him in the 26th Dis- HON. LUCILLE ROYBAL-ALLARD Since its inception in 1957, the chamber has trict of Texas. OF CALIFORNIA continued to play a key role in promoting eco- IN THE HOUSE OF REPRESENTATIVES f nomic prosperity in the greater Springfield re- Wednesday, December 5, 2007 A PROCLAMATION HONORING gion. Currently, the organization is composed Ms. ROYBAL-ALLARD. Madam Speaker, it KARISSA HASTILOW FOR PLAC- of 280 businesses that are involved in a vari- is with a heavy heart that I rise to recognize ING SECOND IN THE MAN- ety of local ventures, ranging from restaurants the passing of our former colleague and my CHESTER UMBRO INTER- to government contracting. Drawing from a fellow Angeleno, Augustus Freeman Hawkins. wealth of business knowledge and experience, NATIONAL CUP I had the privilege of meeting Congressman member companies work in concert with local Hawkins on several occasions during the government officials and residents on behalf of HON. ZACHARY T. SPACE years he served with my father, Congressman the Springfield community. OF OHIO Edward R. Roybal, and I was struck by his IN THE HOUSE OF REPRESENTATIVES The greater Springfield region is home to a warmth, intelligence, courage, and his dedica- vibrant economy where small and large busi- Wednesday, December 5, 2007 tion to serving the people of his Los Angeles nesses are forced to contend with a number of Mr. SPACE. Madam Speaker: congressional district. Known affectionately as ‘‘Gus’’ to his col- challenging economic issues. Recognizing Whereas, Karissa Hastilow competed in leagues and friends, Congressman Hawkins these challenges, the chamber remains com- England’s largest youth soccer tournament; served his Los Angeles-area community, the mitted to aiding business as they navigate this and Whereas, Karissa Hastilow showed hard State of California and the Nation with distinc- dynamic economic landscape. President work and dedication to the sport of soccer; tion. Dedicating his life to public service, Con- Stubbs has led a recent initiative to analyze and gressman Hawkins served for 27 years in the the Base Realignment and Closure, BRAC, Whereas, Karissa Hastilow has broadened California Assembly and 28 years in the U.S. program and to assess its potential impact on her abilities and skills in the sport of soccer; House of Representatives. local businesses. Another recent chamber and His entry into Congress in 1962 could not study has focused on helping small busi- Whereas, Karissa Hastilow was a supportive have come at a more auspicious time. With nesses cope with the threat of pandemic flu. team player; and the Civil Rights Movement already coming to Strong leadership and solid organization Whereas, Karissa Hastilow always displayed the forefront of our Nation’s consciousness, have contributed to the chamber’s record of sportsmanship on and off of the field; now, Congressman Hawkins became a powerful ad- success. Under the guidance of current cham- therefore, be it vocate for civil rights for all Americans. As the Resolved, that along with her friends, family, ber president Vincent Stubbs and executive di- first African-American from the western United and the residents of the 18th Congressional rector Nancy-jo Manney, chamber member- States to serve in the House of Representa- District, I congratulate Karissa Hastilow on ship and activities have continued to expand. tives, he keenly understood the importance of placing second in the Manchester Umbro the minority voice in American politics, and he Chamber executives and officers work along- International Cup. We recognize the tremen- side the organization’s executive advisory worked to magnify this voice by becoming a dous hard work and sportsmanship she has founding member of the Congressional Black council and the chamber board to identify demonstrated. areas of interest and chart the course of eco- Caucus. The CBC’s current success can be f nomic progress. traced back to Congressman Hawkins’ vision A TRIBUTE TO REVEREND RUSH and commitment to the organization in its Madam Speaker, in closing, I would like to GENEVA RICHBURG formative years. congratulate the Greater Springfield Chamber His achievements during his nearly three- of Commerce on 50 years of success. They decade tenure as a legislator are too numer- have become a strong organization committed HON. EDOLPHUS TOWNS ous to recount. He was chairman of the pow- OF NEW YORK to serving the interests of their members and erful House Education and Labor Committee IN THE HOUSE OF REPRESENTATIVES their community. I call upon my colleagues to and the House Administration Committee, and join me in applauding the chamber members’ Wednesday, December 5, 2007 he used his role as chairman to champion crit- past accomplishments and in wishing them the Mr. TOWNS. Madam Speaker, I rise today ical civil rights measures that expanded oppor- best of luck in the many years to come. to pay tribute to Brooklyn resident, Rev. Rush tunities for millions of Americans.

VerDate Aug 31 2005 04:21 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A05DE8.028 E05DEPT1 cnoel on PRODPC60 with REMARKS_CN December 5, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2499 Most notably, he sponsored a section of the tion of a life spent sprinting towards goal after to 2000, and as a member of the board of di- landmark Civil Rights Act of 1964 that estab- goal, and reaching every one of them. rectors for 6 years. The list of community posi- lished the Equal Employment Opportunity New York fans were treated to the sight of tions and appointments held by Mr. Madden Commission. The EEOC has been a critical the 6-foot-1 dynamo whizzing down the indoor continues, as does the esteem and gratitude tool in efforts to enforce laws that prohibit dis- tracks at the old Madison Square Garden for of Eastern Madera County. Concerning the re- crimination based on race, religion, gender, the Millrose Games. He set the then-world lationship Mr. Madden shares with his commu- national origin, age, or disability. record for a 440-yard sprint in 1947, finishing nity, he remarked, ‘‘Our connection to each Reacting to rising inflation and unemploy- it in 46.3 seconds at a time when tracks were other extends far beyond our business rela- ment in the 1970s, Congressman Hawkins in- clay or dirt—not the artificial surfaces of today. tionships. We are much more like a very large troduced, along with Senator Hubert Hum- His second world record was set a year later, extended family.’’ phrey, the Full Employment and Balanced when he ran 440 yards in 45.9 seconds. He Madam Speaker, I stand today to honor Tim Growth Act, better known as the Humphrey- nabbed a Silver Medal in the 1948 London Madden and the respect his community has Hawkins Act of 1978. This measure was Olympics and two more in the 1952 Olympics shown for his dedicated service. I invite my signed into law by President Carter and in Helsinki, missing the gold in all three to colleagues to join me in wishing Mr. Madden proved to be a blueprint for debates on how heartbreaking, photo finishes. The powerfully many years of continued success. Government should interact with private enter- built man with an 8-foot stride is forever me- f prise to bring about national growth and fiscal morialized in Jamaica by the Herb McKenley responsibility. And, true to his nature as a de- Crescent, and not long before his passing, he A PROCLAMATION HONORING fender of civil rights, the Humphrey-Hawkins was awarded its third highest honor, the Order MICHELLE BROWN FOR PLACING Act specifically prohibited discrimination based of Merit. SECOND IN THE MANCHESTER on race, religion, age, gender, or national ori- His life’s achievements read as one amo- UMBRO INTERNATIONAL CUP gin. rous letter to his native Jamaica. Born in the On the home front, Congressman Hawkins city of Clarendon on July 10, 1922, he some- HON. ZACHARY T. SPACE times skipped the bus after discovering that served his district during a tumultuous time in OF OHIO running got him places faster. One of those Los Angeles’ history. Gus had been in Con- IN THE HOUSE OF REPRESENTATIVES gress only 3 years when the 1965 Watts riots places was to college, when he became the Wednesday, December 5, 2007 occurred, ultimately claiming the lives of doz- first Jamaican sprinter to receive a college ens of his constituents. He decried the abu- scholarship in the United States for the Uni- Mr. SPACE. Madam Speaker: sive actions of the police, and he redoubled versity of Illinois. After racking up his world-re- Whereas, Michelle Brown competed in Eng- his efforts to secure funds to fight poverty in nowned honors, he coached Jamaica’s na- land’s largest youth soccer tournament; and his district and underserved minority commu- tional team for 20 years, between 1954 and Whereas, Michelle Brown showed hard work nities across the Nation. 1973, and served as president of Jamaica’s and dedication to the sport of soccer; and Congressman Hawkins’ forceful defense of Amateur Athletic Association for 12. A celebra- Whereas, Michelle Brown has broadened Americans held back by discrimination and tion of his life is, ultimately, a celebration of her abilities and skills in the sport of soccer; poverty made him both an effective advocate Jamaica, and the permanent stamp it has left and and a devoted mentor to young minority law- on the cultural, athletic, and historic narrative Whereas, Michelle Brown was a supportive makers. Indeed, many of my colleagues in the of the world. team player; and House have been touched and inspired by It is in the spirit of great mourning but also Whereas, Michelle Brown always displayed Gus Hawkins’ advice and mentorship. I know of great pride that we commemorate his leg- sportsmanship on and off of the field; now, that my father, who was his counterpart in the acy. He has forever etched his story into the therefore, be it Congressional Hispanic Caucus, valued him Jamaican consciousness, impressing upon us Resolved, that along with her friends, family, as an ally and deeply respected and admired New York track fans the strength in being and the residents of the 18th Congressional his leadership role as a civil rights advocate unapologetically persistent and passionate. District, I congratulate Michelle Brown on plac- and promoter of equal opportunity for all. f ing second in the Manchester Umbro Inter- Congressman Gus Hawkins will be remem- HONORING TIM MADDEN national Cup. We recognize the tremendous bered as an outstanding legislator, a trail- hard work and sportsmanship she has dem- blazer, as a trusted mentor, and as a friend. HON. GEORGE RADANOVICH onstrated. f As a colleague, he will be remembered for the OF CALIFORNIA hard work, dedication, and dignity he always IN THE HOUSE OF REPRESENTATIVES A TRIBUTE TO PERRY PETTUS brought to his life, his work in public service, and to this people’s House of Representatives. Wednesday, December 5, 2007 I extend my condolences to his family and Mr. RADANOVICH. Madam Speaker, I rise HON. EDOLPHUS TOWNS to the many people whose lives he touched. to honor the achievements of Tim Madden OF NEW YORK f and to commend him for his service to the IN THE HOUSE OF REPRESENTATIVES Eastern Madera community. On Friday, No- Wednesday, December 5, 2007 CELEBRATING JAMAICA THROUGH vember 30, 2007 the Oakhurst Area Chamber THE LIFE AND TIMES OF NATIVE of Commerce recognized Mr. Madden for his Mr. TOWNS. Madame Speaker, I rise today SON HERB MCKENLEY continued dedication to not only its chamber, to pay tribute to Perry Pettus. He was elected but to the North Fork Chamber of Commerce in March of 2002 to the Village of Hempstead HON. CHARLES B. RANGEL and Eastern Madera County. Board of Trustees. Mr. Pettus represents resi- OF NEW YORK Tim Madden is a 17-year resident of East- dents of the incorporated village. IN THE HOUSE OF REPRESENTATIVES ern Madera County, his continued commitment Mr. Pettus immediately began exercising his to his community is evident by his service in leadership as he took on Hempstead landlords Wednesday, December 5, 2007 a multitude of leadership positions throughout over poor conditions in apartment buildings. Mr. RANGEL. Madam Speaker, I rise today the area. Within the Oakhurst Area Chamber He utilized his negotiating skills to bring the to salute one of Jamaica’s favorite sons, Herb of Commerce, Mr. Madden’s positions include two sides together to help resolve tenant McKenley—a world-class track star whose past president, 2007; president 2006; presi- issues. He has effectively used the media to awe-inspiring athletic feats filled the streets of dent elect 2005; and member of the board of bring issues to light, not only for exposure but Jamaica with pride. Noted as one of the is- directors 2004. During his service with the also for problem solving. land’s greatest athletes ever, McKenley chamber, the efforts of Mr. Madden enabled As a successful local businessman, Mr. brought home an Olympic gold medal in 1952 the chamber to authorize the inaugural trade Pettus has brought effective business skills to as part of the country’s relay team. A man of mission to China, regain fiscal solvency, cre- his position. He has already built business/ limitless determination and impressive humil- ate a county-wide promotion system, promote government partnerships which have benefited ity—once claiming that his running philosophy local commerce and further downtown devel- the community. was to simply ‘‘run as fast as I can, as long opment and maintenance for the Oakhurst Mr. Pettus resurrected legislation requiring as I can’’—McKenley set a slew of world Business District. the village to contract a portion of its business records and earned myriad accolades to his Tim Madden also served as president of the with minority contractors and continues to fight name. His recent passing marks the culmina- North Fork Chamber of Commerce from 1998 for its passage. He has gotten legislation

VerDate Aug 31 2005 04:21 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A05DE8.031 E05DEPT1 cnoel on PRODPC60 with REMARKS_CN E2500 CONGRESSIONAL RECORD — Extensions of Remarks December 5, 2007 passed that would lower speed limits in school corporated and serves as the chair of the REMEMBERING COACH ED zones, and proposed legislation to beautify the Links’ High Expectations Mentoring Program. KRIWIEL business district by removing unsightly secu- The Links is an organization of accomplished, rity gates. Campaigning on quality of life dedicated women who are active in their com- HON. TODD TIAHRT issues, Mr. Pettus has worked to ensure that munity here and nationwide. The Links mem- OF KANSAS all of the residents of Hempstead can enjoy bers are activists, volunteers, mentors, role IN THE HOUSE OF REPRESENTATIVES the quality of life they deserve. models and newsmakers who make the name Perry Pettus strongly believes in community ‘‘Links’’ mean not only a chain of friendship, Wednesday, December 5, 2007 policing and that an effective police force is but also of purposeful service. Over the years, Mr. TIAHRT. Madam Speaker, on Monday, there to serve and protect all of the village’s I have watched Julia serve as a mentor and Kansas lost a coaching legend. Ed Kriwiel, residents. He recently provided scholarships to role model for the aspiring professionals who who passed away in his sleep at the age of individuals from the community who were in- interned in our office. She set the perfect ex- 81, coached for more than 50 years in the terested in taking the NCPD test. His efforts ample for them to strive for the best and to Wichita area football city league. Mr. Kriwiel will help give the Hempstead Village Police take every opportunity from their internship to was a phenomenal coach. During his head Department a list of community-based can- learn all that they could. football coaching years he hailed 297 wins, 9 didates. Julia’s cordial relations with others in the State titles and 8 city league championships. Perry Pettus and his wife Kennetha have Congress was an added asset to us in our In addition, Mr. Kriwiel spent 2 years coaching five children. work. She was always as agreeable and colle- at Wichita State University in the late 60s, in- Madam Speaker, I would also like to recog- gial as she was efficient and able. She is re- cluding 1 year as head coach. He continued nize the impressive achievement of Perry membered for her friendships and for her pro- coaching high school golf until his passing. Pettus. He has received numerous awards fessionalism, dedication, generosity, patience Not only was he a superb athlete and and citations from organizations like the and her willingness to always ‘‘go that extra coach, he was a father of nine children and a Hempstead NAACP, Hofstra University, 100 mile’’ in performing her chief of staff duties. husband to his wife Mary of 53 years. Black Men, the Central Nassau Club, the She set a gold standard for staff. I ask my col- Mr. Kriwiel has influenced countless lives Black and Puerto Rican Caucus, and the leagues to join me in recognizing Julia Hudson through the years—from players to coaches to Chamber of Commerce, Operation Get Ahead, for outstanding service to the House of Rep- his ever-growing fan base. I am thankful for all and the Lutheran Church of the Good Shep- resentatives and to the residents of the District the joy and memories he brought into our herd. of Columbia. Julia will remain a dear friend to lives. He will be greatly missed. Madam Speaker, I urge my colleagues to us all and, of course, a life member of Team To the Kriwiel family: Thank you for sharing join me in paying tribute to this outstanding cit- Norton. your husband and father with Kansans for so izen and all the great things he stands for. many years. May God bless you. My thoughts f f and prayers go out to you during this time. f RECOGNIZING FORMER CHIEF OF RECOGNIZING THE RETIREMENT STAFF JULIA E. HUDSON OF SUE LARRIMORE INTRODUCTION OF THE PRO IP ACT OF 2007 HON. ELEANOR HOLMES NORTON HON. JEFF MILLER OF THE DISTRICT OF COLUMBIA OF FLORIDA HON. JOHN CONYERS, JR. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN Wednesday, December 5, 2007 Wednesday, December 5, 2007 IN THE HOUSE OF REPRESENTATIVES Ms. NORTON. Madam Speaker, I ask the Mr. MILLER of Florida. Madam Speaker, it Wednesday, December 5, 2007 House to recognize Julia Hudson, who served is an honor for me to rise today and recognize Mr. CONYERS. Madam Speaker, today I as my chief of staff for 8 years and has been the retirement of Sue Larrimore, a great edu- am introducing the Prioritizing Resources and a member of my staff throughout most of my cator. Organization for Intellectual Property (‘‘PRO own service in the Congress. On September For three decades, Sue has dedicated her IP’’) Act of 2007, legislation that highlights the 5, 2007, Julia left the House of Representa- work toward helping students realize their full importance of intellectual property enforce- tives to pursue a career in public relations, the potential. Teaching elementary, middle, and ment by making several changes to sub- field for which she prepared herself in grad- junior high school students, she has touched stantive civil and criminal laws; providing for uate school. The loss to my office, to me per- the lives of countless individuals through dif- more efficient and directed coordination efforts sonally, and to the people of the District of Co- ferent parts of the country. These students are among the various agencies; and allocating lumbia is immense. However, Julia has spent our Nation’s future, and I am confident that more resources towards enforcement efforts. I nearly her entire professional life in my office her influence upon their lives will steer them am joined by Representatives BERMAN, SMITH, serving the people of this city with excellence toward working toward the betterment of soci- SCHIFF, FEENEY, ISSA, CHABOT, COHEN, KEL- and special dedication to her job and to me in ety. LER, JACKSON-LEE and GOODLATTE. pursuit of my work in the House. It is under- Sue has worked tirelessly as an educator The objectives and content of this legislation standable that she would want to pursue her for over 25 years in my district in northwest are supported by a broad range of interests. chosen profession. Florida, and has served as the principal of Many unions and guilds, such as the Team- Julia’s career here in the House of Rep- Destin Elementary School for the last 5 years. sters, Directors Guild of America, SEIU, resentatives demonstrates the opportunities During those 5 years, Destin Elementary re- AFTRA, Unite Here, AFM, Laborers, OPEN, for upward mobility that are available based ceived an ‘‘A’’ grade every year for providing IATSE, and others, have sent letters in sup- on hard work and proven capability. Starting an exceptional educational experience. With port of comprehensive IP enforcement legisla- as a staff assistant, an entry level job, she an undergraduate degree in early childhood tion, in general, and more specifically, of many was promoted to legislative correspondent and education and a master’s degree in edu- of the provisions contained in this bill. On the to a sub-committee staff position before leav- cational leadership, there is no question that industry side, the Coalition Against Counter- ing for a short time to work in the Clinton ad- Sue knew what she wanted to do early on in feiting and Piracy, which represents 500 com- ministration in 1999. Because of her great her life, and her successes both at Destin Ele- panies and trade associations, from the Motor skill, initiative and hard work, I later asked her mentary as well as all the other schools at Equipment Manufacturing Association and to return, and she continued to work her way which she served are a testament to her PHARMA to NBC Universal and Cleveland up to become my chief of staff when political achieving that goal. Golf, issued a June 2007 set of legislative ob- guru Donna Brazile resigned after 10 years Madam Speaker, Sue’s leadership and ef- jectives that are largely captured in this bill. with me to spearhead the Gore-Lieberman fectiveness will be missed by past and current This legislation is an important and nec- 2000 presidential bid. students as well as all others that work with essary step in the fight to maintain our com- In addition to her non-stop work leading her in the educational community. She is a petitive edge in a global marketplace. By pro- ‘‘Team Norton,’’ as Julia christened our staff, model citizen who set out and achieved the viding additional resources for enforcement of Julia, a native Washingtonian, has always per- goal of making our Nation and the world a bet- intellectual property, we ensure that innovation formed outside public service here in her ter place, and I know many will look to her as and creativity will continue to prosper in our hometown. She is a member of the Links, In- a great educator for a long time to come. society.

VerDate Aug 31 2005 04:21 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A05DE8.034 E05DEPT1 cnoel on PRODPC60 with REMARKS_CN December 5, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2501 The need for this legislation is clear. Coun- quires DOJ to provide an annual report of its teeing that the majority of the new jobs gen- terfeiting and piracy costs the global economy efforts in intellectual property enforcement. Fi- erated by the project would go to those between $500 and $600 billion a year in lost nally, the bill promotes transparency in the Brooklynites who needed them most, including sales. That’s around 5 to 7 percent of global prosecutorial process by directing the DOJ to residents of nearby public housing. He has trade. It costs the United States between $200 review and consider modifying their standards been a tireless advocate for bringing the and $250 billion a year in lost sales, including for accepting or declining prosecution of the cruise-ship industry to Brooklyn, and in April 750,000 jobs. intellectual property laws, including procedures 2006 the Queen Mary II will begin docking in And it’s not just about money. Counterfeiting for advising complainants and victims of intel- Red Hook, followed by the Crown Princess in and piracy can place human lives at risk. As lectual property crimes. June, creating new jobs and introducing thou- counterfeiting proliferates in sectors such as If the United States is to maintain its posi- sands of visitors to this great borough. pharmaceuticals, aircraft, and auto parts, the tion in the increasingly competitive global Madam Speaker, I would like to recognize harm can be a matter of life and death. For economy, we must fulfill our obligation to the impressive achievements of our Borough example, the World Health Organization esti- American intellectual property rights holders President Marty Markowitz for his commitment mates that the prevalence of counterfeit phar- and ensure that their inventions, creations, to the residents of Brooklyn, New York. maceuticals ranges from less than 1 percent writings, and discoveries are not stolen without Madam Speaker, I urge my colleagues to in developed countries to over 30 percent in effective recourse. This comprehensive piece join me in paying tribute to this business savvy developing countries, and over 50 percent of of legislation goes a long way toward pro- man who loves Brooklyn so very much. counterfeit pharmaceuticals are obtained from tecting that creativity and ingenuity that is vital f illicit websites. The Center for Medicine in the to the U.S. economy. UNETHICAL IMPRISONMENT OF Public Interest estimates that counterfeit drug f commerce will grow 13 percent annually PABLO PACHECO AVILA through 2010, nearly twice the rate of legiti- A TRIBUTE TO MARTY mate pharmaceuticals. As we read stories MARKOWITZ HON. ALBIO SIRES about people being harmed by counterfeit OF NEW JERSEY toothpaste, toys, or drugs, we see the real ef- HON. EDOLPHUS TOWNS IN THE HOUSE OF REPRESENTATIVES fects of these practices on American lives. OF NEW YORK Wednesday, December 5, 2007 This legislation attempts to address these IN THE HOUSE OF REPRESENTATIVES Mr. SIRES. Madam Speaker, I rise today to intellectual property offenses in a broad and Wednesday, December 5, 2007 bring attention to the continued injustice facing encompassing manner. It does not take only a Cuban prisoner of conscience, Pablo one approach toward bolstering our intellectual Mr. TOWNS. Madam Speaker, I rise today Pacheco Avila. In March of 2003, Cuban au- property laws but rather tackles the challenges to pay tribute to Brooklyn Borough Hall Presi- thorities led a crackdown on dissident move- in several ways. First, Titles I and II strength- dent Marty Markowitz. No one works harder ments. One of their victims was independent en the substantive civil and criminal laws relat- for the 2.5 million plus residents of Brooklyn political journalist, Pablo Pacheco. Under Law ing to copyright and trademark infringement. than Marty. He has been the chief advocate 88, persons found guilty of destabilizing the For example, the legislation address several for the Borough’s economic, social, and cul- Cuban regime by supporting the policy of the issues related to registration of a copyright tural interests while initiating and promoting ef- United States can be sentenced to many and the manner in which damages are cal- forts to improve the quality of life for years in prison. Pablo Pacheco was sen- culated for certain claims of infringement, as Brooklynites. tenced to 20 years in prison under Cuban Law well as tackling some of the problems that Marty was born and raised in Crown 88. By simply expressing political opinions and occur at our Nation’s borders and harmonizing Heights, graduating from Wingate High School exercising the right to free speech, Pablo the various forfeiture laws for the different in- in 1962. He received his B.A. in political Pacheco and over 70 other people were ar- tellectual property offenses. science after attending night school at Brook- Second, Title III of the legislation estab- lyn College from 1962 to 1970. rested. lishes the Office of the United States Intellec- Marty began his career in public service in Pablo Pacheco began his prison sentence tual Property Enforcement Representative, 1971, at the age of 26, by organizing the in Prison de Aguice in Colon, but has since USIPER, in the Executive Office of the Presi- Flatbush Tenants Council, which grew into been transferred several times. During this dent, to handle nationwide and international Brooklyn Housing and Family Services, the time, the prisoner’s health has been declining, coordination of intellectual property enforce- largest tenants’ advocacy organization in New as Pablo suffers from renal ectopia of his right ment efforts. This legislation provides that the York State. He is also widely known for cre- kidney. In a country renowned for its medical USIPER, together with an interagency Intellec- ating 2 of New York City’s largest and longest- care, it appears difficult for Pablo to receive tual Property Advisory Committee, composed running free concert series: the Seaside Sum- the attention he needs. He continues to suffer of every federal agency with expertise in either mer Concert Series in Coney Island, and the from severe pain. His medical conditions have Intellectual Property protection or enforcement, Martin Luther King Jr. Concert Series also in been exacerbated by the harassment he has will generate a joint strategic plan to marshal Flatbush. experienced in the Cuban prison system. the disparate resources and expertise of Marty was elected to the New York State While in prison, Pablo Pacheco has continued United States enforcement efforts and coordi- Senate in 1979, where he served 11 consecu- his fight to expose the failings of the Cuban nate and consolidate these efforts. tive terms representing Central Brooklyn. How- regime, resulting in further punishments. Third, Title IV provides for the appointment ever, he always dreamed of serving all of I urge the Cuban regime to end this uneth- of intellectual property attache´s to work with Brooklyn, a goal he achieved as the first Bor- ical imprisonment of Pablo Pacheco Avila. His foreign countries in their efforts to combat ough President elected in the new millennium. status as a prisoner of conscience and his de- counterfeiting and piracy. The attache´s will be He was elected to a second term in 2005. clining health urgently call for his immediate responsible for coordinating training and tech- Marty set an ambitious agenda as Borough release. nical assistance programs within the host President. Marty’s agenda focused on the core f country. issues of housing, neighborhood preservation, RECOGNIZING 200 YEARS OF RE- Finally, Title V of the legislation raises the and community his more than three decades SEARCH, SERVICE, AND STEW- level of intellectual property enforcement co- in public service. ARDSHIP BY NOAA AND ITS ordination within the Department of Justice by Marty saw a chance to fulfill his campaign PREDECESSOR AGENCIES placing the functions of the existing Computer promise of returning a national sports team to Crime and Intellectual Property Section related Brooklyn for the first time since the Dodgers SPEECH OF to enforcement of intellectual property laws left for Los Angeles in 1957 when the New and trade secrets under the auspices of a new Jersey Nets were put up for sale in 2002. He HON. SOLOMON P. ORTIZ Intellectual Property Division, and also trans- has actively supported moving the team from OF TEXAS fers the International Intellectual Property En- New Jersey to a new downtown arena at At- IN THE HOUSE OF REPRESENTATIVES forcement Coordinators to this new Division. lantic Yards. The team hopes to play its first Tuesday, December 4, 2007 This section of the bill also provides for addi- game in Brooklyn in the fall of 2009. The House in Committee of the Whole tional law enforcement resources, including Marty has also assisted in creating jobs for House on the State of the Union had under local law enforcement grants and additional Brooklynites. He oversaw a historic community consideration the bill (H. Con. Res. 147) rec- CHIPS and dedicated FBI personnel, and re- benefits agreement for Atlantic Yards, guaran- ognizing 200 years of research, service to the

VerDate Aug 31 2005 04:21 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A05DE8.038 E05DEPT1 cnoel on PRODPC60 with REMARKS_CN E2502 CONGRESSIONAL RECORD — Extensions of Remarks December 5, 2007 people of the United States, and stewardship their philanthropic leadership on behalf of nu- Healdsburg High School to renovate and ex- of the marine environment by the National merous local causes and organizations. pand the Holly and Henry Wendt Library. In Oceanic and Atmospheric Administration Henry and Holly have been fixtures in addition, their work with the Pediatric Dental and its predecessor agencies, and for other Sonoma County for many years, where until Initiative, for which Mr. Wendt serves on the purposes: recently they owned the highly regarded advisory board, has progressed the work of Mr. ORTIZ. Mr. Speaker, I rise to honor the Quivira Vineyards. Mr. Wendt, formerly the the soon to be opened Redwood Empire Sur- National Oceanic and Atmospheric Administra- CEO of SmithKline Beecham, spent four dec- gery Center. This facility will bring the highest tion, NOAA, for their 200 years of dedicated ades working in the pharmaceutical and health quality dental care to youngsters in coastal research and service to the United States. care industry, and he remains active on the northern California. NOAA and its predecessors conducted boards of several major corporations. Mr. Wendt has given generously with his some of the earliest oceanographic research Together, the Wendts have given greatly to time and deep knowledge of health care to fa- and have continued to serve the United States the community in Sonoma County, particularly cilitate the work of Healthcare Foundation for commerce, defense, and environmental in the fields of education and health care. Northern Sonoma County. His substantial purposes. NOAA is a leader for scientific re- They offered their substantial resources to leadership gift helped ensure that the search and environmental monitoring and pro- Healdsburg High School to renovate and ex- Healdsburg District Hospital campaign was tection, providing an outstanding example to pand the Holly and Henry Wendt Library. Mr. successful and the hospital remains an out- the international community. Wendt serves on the advisory board of the standing health care provider. Further, he has NOAA continues that storied legacy in the Pediatric Dental Initiative, and the Wendts’ in- been instrumental in the success of the Com- 21st century with and oceanographic moni- volvement has helped speed the development munity Foundation Sonoma County. Having toring, the protection of our natural resources, of the Redwood Empire Surgery Center. This served multiple terms as chairman of the its stewardship of the marine environment, facility will bring the highest quality dental care board, he provided superb guidance and ex- and as our first line of warning for storms and to youngsters in coastal northern California. perience to help the foundation expand its re- hurricanes. Mr. Wendt has given generously with his sources and reach, and he remains a member NOAA programs have provided invaluable time and deep knowledge of healthcare to fa- of the leadership board. service to commerce and defense, serving cilitate the work of Healthcare Foundation Madam Speaker and colleagues, at this throughout the country’s history in war and Northern Sonoma County. His substantial time it is appropriate that we congratulate peacetime; more than 100 million maps and leadership gift helped ensure that the Holly and Henry Wendt, who are receiving the charts for U.S. and Allied Forces. Healdsburg District Hospital campaign was Wetzel Community Leadership Award. The Their programs promote safe and efficient successful and the hospital remains an out- Wendts have been dynamic and generous fig- commerce/transportation and work toward the standing health care provider. Further, he has ures in Sonoma County, and the wisdom and advancement of a global environmental obser- been instrumental in the success of the Com- guidance they bring to philanthropic endeavors vation system. Programs also include missions munity Foundation Sonoma County. Having has been a boon to the community. for the conservation of marine resources, served multiple terms as chairman of the f coastal management, and protection from board, he provided superb guidance and ex- A TRIBUTE TO JAMES P. storms and other hazards—especially Gulf perience to help the foundation expand its re- FREELAND Coast hurricanes. sources and reach, and he remains a member NOAA’s National Weather Service/Weather of the leadership board. HON. EDOLPHUS TOWNS Forecast Offices at the Corpus Christi Inter- Madam Speaker and colleagues, at this OF NEW YORK national Airport and the Brownsville/South time it is appropriate that we congratulate IN THE HOUSE OF REPRESENTATIVES Padre Island International Airport provide Holly and Henry Wendt, who are receiving the weather and flood warnings, daily forecasts, Wetzel Community Leadership Award. The Wednesday, December 5, 2007 and meteorological and hydrologic data for the Wendts have been dynamic and generous fig- Mr. TOWNS. Madam Speaker, I rise today South Texas Gulf Coast area. ures in Sonoma County, and the wisdom and to pay tribute and honor James P. Freeland. NOAA’s National Marine Fisheries Service/ guidance they bring to philanthropic endeavors James was born January 7, 1940, in Durham, Seafood Inspection Program in Brownsville of- has been a boon to the community. NC, to Willie and Annie Freeland. The young- fers a voluntary inspection program for fishery f est of six children, at age 11 he was selected products on a fee-for-service basis, as well as as one of the Red Feather Poster Kids for the other services to local fishermen and fish HONORING HOLLY AND HENRY United Way Campaign representing the John processors. WENDT Avery Boys Club for the city of Durham. He NOAA’s National Ocean Service operates graduated high school in 1958 and was later seven tide stations in Texas to monitor sea HON. MIKE THOMPSON employed by a local supermarket for 7 years level trends, provide real-time data for storm OF CALIFORNIA as the assistant butcher. surge warning, including South Texas loca- IN THE HOUSE OF REPRESENTATIVES James joined the U.S. Air Force in January tions in Corpus Christi and Port Isabel. 1962. He received an honorable discharge in Wednesday, December 5, 2007 This week I will greet NOAA researchers in 1966 and 3 years later moved to Brooklyn, my district who are seeking a new location for Mr. THOMPSON of California. Madam New York, in May 1969. In February 1970, a weather research center. I look forward to Speaker, I rise today with my colleague Rep- James obtained employment with the New welcoming these distinguished researchers resentative WOOLSEY to congratulate Holly and York Telephone Company where he worked and discussing their needs for the future Henry Wendt, who are being honored by as a service technician and assistant man- weather research center. Healthcare Foundation Northern Sonoma ager. In September 1999, he retired from f County with the first annual Wetzel Commu- Verizon Communications after 29 years of nity Leadership Award. They are being recog- dedicated service. HONORING HOLLY AND HENRY nized for their contributions to life in Sonoma James joined New Canaan Baptist Church, WENDT County and their philanthropic leadership on the same year he married Gennie Chennault. behalf of numerous local causes and organi- In 1980, their daughter Jamelia was born. He HON. LYNN C. WOOLSEY zations. is a member of the mass choir and the North OF CALIFORNIA Henry and Holly have been fixtures in Carolina Club. James also serves as the IN THE HOUSE OF REPRESENTATIVES Sonoma County for many years, where until Men’s Day chairman and president of the recently they owned the highly regarded Building Fund Committee. In addition, he sings Wednesday, December 5, 2007 Quivira Vineyards. Mr. Wendt, formerly the with the male choir and is a member of the Ms. WOOLSEY. Madam Speaker, I rise CEO of SmithKline Beecham, spent four dec- trustee board, the Missionary Disciples Out- today with my colleague Representative ades working in the pharmaceutical and health reach Ministry and donates his time as a Sun- THOMPSON to congratulate Holly and Henry care industry, and he remains active on the day school teacher. Wendt, who are being honored by Healthcare boards of several major corporations. Madam Speaker, I would like to recognize Foundation Northern Sonoma County with the Together, the Wendts have given greatly to James P. Freeland for his huge heart and first annual Wetzel Community Leadership the community in Sonoma County, particularly generous spirit. He is a man who has a great Award. They are being recognized for their in the fields of education and health care. sense of humor and who is always willing to contributions to life in Sonoma County and They offered their substantial resources to lend a helping hand.

VerDate Aug 31 2005 04:21 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A05DE8.042 E05DEPT1 cnoel on PRODPC60 with REMARKS_CN December 5, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2503 Madam Speaker, I urge my colleagues to TRIBUTE TO MR. WILLIAM this position in 1992. After two years Lois de- join me in paying tribute to James P. Free- DONALD SCHAEFER cided to return to the workforce and became land. the assistant to the director of the HON. CHRIS VAN HOLLEN Frankenmuth Historical Association. From f OF MARYLAND there she took her current position as the re- IN THE HOUSE OF REPRESENTATIVES ceptionist with Independence Village in A TRIBUTE TO KIM WILLIAMS Frankenmuth. She is active with the Widow’s CLARK Wednesday, December 5, 2007 Group in Frankenmuth and Blessed Trinity Mr. VAN HOLLEN. Madam Speaker, it is my Catholic Church. pleasure to recognize a true Maryland legend, Madam Speaker, I ask the House of Rep- HON. EDOLPHUS TOWNS Mr. William Donald Schaefer, on the occasion resentatives to join me in congratulating Lois of his 86th birthday. Corba as she celebrates her birthday and I OF NEW YORK Mr. Schaefer was born in Baltimore, a city wish her many, many more. IN THE HOUSE OF REPRESENTATIVES upon which he would come to have a lasting f impact, on November 21, 1921. Following PERSONAL EXPLANATION Wednesday, December 5, 2007 service in the U.S. Army during WWII, Mr. Mr. TOWNS. Madam Speaker, I rise today Schaefer returned to Maryland to work in law HON. JOHN CONYERS, JR. to pay tribute to Kim Williams Clark, an ac- and eventually enter politics. OF MICHIGAN complished attorney, educator, and community Over the course of 50 years, Mr. Schaefer IN THE HOUSE OF REPRESENTATIVES leader. would serve several years on the Baltimore City Council, four terms as Baltimore mayor, Wednesday, December 5, 2007 Kim Williams Clark earned her B.S. in crimi- two terms as Maryland governor, and two Mr. CONYERS. Madam Speaker, yesterday, nal justice from John Jay College, and earned terms as State Comptroller. He has left an in- her law degree from Rutgers University at I mistakenly voted against H. Res. 37, pro- delible mark on Maryland and its people from viding for the concurrence by the House in the Camden with the distinguished honor of re- his 50 years of public service. Senate amendment to H.R. 710, with amend- ceiving a Dean’s list award. Daughter to com- He has become famous for his colorful per- ments. In fact, I support this critical legislation, munity advocate Bessie L. Williams and sonality, but his tireless efforts and dedication which would make paired kidney donation former worker with Board of Education Jesse to public service have never wavered. He has legal and allow organizations like the United acquired friends and admirers from both sides E. Williams, Kim currently serves as dean of Network for Organ Sharing to track eligibility of the aisle because of this commitment. the Office of Institutional Advancement at the for paired donation. Brooklyn campus of Long Island University. In His famous mantra as Baltimore mayor, ‘‘Do I voted for passage of the original bill, H.R. this capacity, she builds corporate and founda- It Now,’’ reflects his ability to get things done. 710, The Charlie Norwood Living Organ Dona- tion support, and creates new partnerships The redeveloped and rejuvenated Baltimore, tion Act, on March 7, 2007. which so many of us today enjoy, is largely a geared toward increasing funding for university f projects, student centered initiatives, and ex- result of his efforts during that time. Today, ternal outreach. there are few Marylanders who can say that INTRODUCING A RESOLUTION TO they haven’t been positively affected by his COMMEMORATE THE 60TH ANNI- Prior to her work with Long Island Univer- leadership. VERSARY OF THE EVERGLADES sity, Kim Williams Clark served as associate On a personal note, I had the great privilege NATIONAL PARK dean of the Center for Continuing Education of working for Governor Schaefer. His ‘‘do it and Professional Development at Georgetown now’’ philosophy provided a very valuable les- University. In addition, she also served as HON. ALCEE L. HASTINGS son for all of us in public office. He wanted to OF FLORIDA special advisor to the provost, director of insti- make sure that Maryland government ad- IN THE HOUSE OF REPRESENTATIVES tutional advancement and paralegal studies at dressed the needs of every Maryland resident the Brooklyn campus of Long Island Univer- regardless of their circumstances. He has al- Wednesday, December 5, 2007 sity. During her career, she has organized re- ways been one with little patience for pomp Mr. HASTINGS of Florida. Madam Speaker, sources and built alliances with government and circumstance. I am pleased to rise today to introduce signifi- agencies and generated millions of dollars to On behalf of the residents of Maryland’s cant bipartisan legislation with my colleague support youth programming and urban com- Eighth Congressional District, I am proud to and fellow co-chair of the Everglades Caucus, munity development. Coupled with this, she offer my best wishes to Mr. Schaefer. Representative MARIO DIAZ-BALART to com- has maintained a law office in the New York f memorate the 60th anniversary of Everglades City’s financial district with a concentration in National Park. HONORING LOIS CORBA family and non-profit law, where she dedicates For years, Representative DIAZ-BALART and much of her time to representing indigent per- I have been working together to preserve and sons. HON. DALE E. KILDEE restore the Everglades, and I am pleased to OF MICHIGAN be introducing this resolution with him. In addition to her professional endeavors, IN THE HOUSE OF REPRESENTATIVES Sixty years ago tomorrow, President Harry Kim is a member of numerous boards and S. Truman dedicated Everglades National Wednesday, December 5, 2007 councils including, the Carver Bank Scholar- Park. Today, this vast subtropical wilderness ship Board, Greater New York and District of Mr. KILDEE. Madam Speaker, I rise today in the United States is habitat to many endan- Columbia Chapters of the Links, Inc., and to honor Lois Corba as she celebrates her gered species as well as an international cen- Coney Island and Crown Heights Neighbor- birthday. A party will be held in her honor on ter for business, agriculture, and tourism. hood Advisory Board(s). Her many accom- December 29th in Frankenmuth, MI. Everglades National Park has been des- plishments have not gone unnoticed for Kim Lois was born in Tecumseh, MI, one of nine ignated an International Biosphere Reserve, a Williams Clark received the Trailblazer Award children. The family moved to Flint and after World Heritage Site, and a Wetland of Inter- from New York State Senator Velmanette her father purchased a farm, the family moved national Importance in recognition of its signifi- Montgomery of the 18th District. In December to West Branch. She attended St. Joseph cance to all the people of the world. 2007, New Canaan Baptist Church and Con- Catholic School in West Branch and grad- Over time, however, management and de- gressman EDOLPHUS TOWNS will present her uated the salutatorian from the high school in velopment activities have destroyed our na- with the Community Service Award. 1951. After graduation she returned to Flint tions’ majestic wetlands. Today the River of and worked for an insurance agency for 7 Madam Speaker, I would like to recognize Grass is only half of its original size. years. She married Paul Corba in 1957. The Sadly, the ecosystem’s tree islands and the impressive achievements of Kim Williams couple had 7 children, Michelle, Paul Michael, mangroves have been largely destroyed and Clark for her commitment to the Brooklyn Jon, Marsha, Bernadette, Angela and David. its estuaries have become barren. community. Paul passed away in 1987. In response to threats to this pristine eco- Madam Speaker, I urge my colleagues to Continuing to work, Lois spent 17 years system, in 2000, Congress passed an ambi- join me in paying tribute to a great individual working as a secretary with the AC Spark Plug tious restoration plan called the Comprehen- of high morals, ethics, and integrity. Division of General Motors. She retired from sive Everglades Restoration Plan (CERP). In

VerDate Aug 31 2005 04:21 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A05DE8.045 E05DEPT1 cnoel on PRODPC60 with REMARKS_CN E2504 CONGRESSIONAL RECORD — Extensions of Remarks December 5, 2007 doing so, we commit the Federal government Florida’s first ever athletics director position. The 3-year project began on March 10, 2005, to become an equal partner with the State of During his tenure, Bowers oversaw the cre- with a kick-off celebration on Capital Hill. The Florida to restore the Everglades and protect ation of the university’s baseball field, golf kick-off was followed by a nationwide Road the River of Grass. course, and SunDome basketball arena. He Show tour in 2006 and hundreds of additional Regrettably, since the passage of this legis- was honored in 1982 for his Outstanding Con- project-inspired events. The National Anthem lation, restoration efforts in Congress have tribution to the Sunbelt Conference, which he Project came to a close in June of 2007, with been mired. For 7 years under Republican helped form. After 17 years, Bowers moved a 3-day Grand Finale on the grounds of the rule, Congress failed to afford Everglades revi- from the athletic director position and became Washington Monument. The Finale featured talization efforts the priority they deserved and involved in the University of South Florida’s over 5,000 participants, including celebrities, failed to properly fund restoration programs. college of business, where he was associate Drum Corps International, music teachers, and As a result of Congress’ delays in author- dean, professor, and director of development. students from all across the United States, izing financing and developmental pressures Bowers was also very influential in the who gathered together to celebrate the in South Florida, the costs of repairing the Ev- Tampa Bay area through his philanthropic achievements of the National Anthem Project erglades have drastically soared. work. He served as president of the Gold and, of course, to sing the national anthem. Today we have a new Congress with new Shield Foundation for 18 years, which raises The National Anthem Project has been a priorities. This Democratic Congress has money for families of fallen police officers and great success. Not only has the project suc- worked relentlessly—in a bipartisan fashion— firefighters. In addition, Bowers took leader- ceeded in re-teaching the words and history of to keep the Federal government’s end of the ship roles in numerous other community orga- our national anthem, but it has also inspired bargain and restore its commitment to the nizations including the United Way, the Na- people all over the country to have a greater River of Grass. tional Youth Sports Program, the Tampa appreciation of America’s musical heritage and Just last month, Congress overrode a Presi- Chapter National Football Foundation, the Hall the importance of music education in our Na- dent Bush veto and passed the Water Re- of Fame Bowl Selection Committee, the tion’s schools. The National Anthem Project sources Development Act of 2007, authorizing Northside Bank Board, the Florida State De- has garnered significant news coverage from $1.8 billion in Everglades restoration funding, partment of Education Task Force in Physical thousands of news outlets across the country, including funding the two long awaited and Education, the American Heart Association, including Fox News, CNN, and Good Morning critical projects: the Indian River Lagoon and the American Cancer Society, the Tampa America. The success of The National Anthem the Picayune Strand. Sports Club, and the Hispanic Business Insti- Project has even received the attention of the As we pause to celebrate the anniversary of tute. Senate, which passed a Resolution in July of the Everglades National Park tomorrow, we We honor the life of Richard ‘‘Dick’’ Bowers 2007 in support of the project’s goals and enhance our vigilant efforts to restore and for his outstanding contribution to our wonder- ideals. It is my pleasure to share with you conserve the Park to the pristine ecosystem it ful Tampa Bay community, the University of today the achievements of the National An- once was. South Florida and the entire State of Florida. them Project. As Marjory Stoneman Douglas wrote in The Dick Bowers’ life serves as an inspiration to all f Everglades: River of Grass, ‘‘There is a bal- who knew him and his contributions and ance in man also, one which has set against achievements will impact the lives of all Florid- MOMENT OF SILENCE IN MEMORY his greed and his inertia and his foolishness. ians in the future. OF FORMER REPRESENTATIVE HENRY HYDE OF ILLINOIS . . . Perhaps even in this last hour, in a new f relation of usefulness and beauty, the vast SPEECH OF magnificent, subtle and unique region of the TRIBUTE TO THE NATIONAL Everglades may not be utterly lost.’’ ANTHEM PROJECT HON. VERNON J. EHLERS Today, I rise to ensure that these majestic OF MICHIGAN wetlands will forever be remembered, pre- HON. C.A. DUTCH RUPPERSBERGER IN THE HOUSE OF REPRESENTATIVES served and protected for all future generations OF MARYLAND Tuesday, December 4, 2007 of Americans to enjoy. IN THE HOUSE OF REPRESENTATIVES f Mr. EHLERS. Mr. Speaker, I rise to pay my Wednesday, December 5, 2007 respects to our departed colleague, Rep- HONORING THE LIFE OF RICHARD Mr. RUPPERSBERGER. Madam Speaker, I resentative Henry Hyde. I am saddened by the ‘‘DICK’’ BOWERS, FORMER ASSO- rise before you today to recognize The Na- death of this exceptionally fine and honorable CIATE DEAN, PROFESSOR AND tional Anthem Project a 3-year national edu- man, who so ably served not only the best in- DIRECTOR OF DEVELOPMENT IN cation campaign, led by our Nation’s music terests of his constituents but, indeed, the en- THE COLLEGE OF BUSINESS AND educators, to raise awareness of the impor- tire nation for over 30 years in this House. FORMER ATHLETIC DIRECTOR tance of music programs in our Nation’s Henry Hyde will be remembered in many dif- AT THE UNIVERSITY OF SOUTH schools. ferent ways—as a skilled attorney who re- FLORIDA The National Anthem Project was launched spected and defended the rule of law; as a by the National Association for Music Edu- stout champion of the rights of the unborn; HON. KATHY CASTOR cation in 2005, in response to a survey con- and as a distinguished statesman who pro- OF FLORIDA ducted by Harris Interactive. The Harris Poll moted peaceful and just international relations IN THE HOUSE OF REPRESENTATIVES showed that two out of three Americans did and agreements. not know the words to ‘‘The Star-Spangled As I remember the life and service of Henry Wednesday, December 5, 2007 Banner.’’ The National Association for Music Hyde, one personal experience stands out in Ms. CASTOR. Madam Speaker, I rise today Education believes that this lack of knowledge, my mind. In 1984, I was involved in a closely to herald the life and philanthropic contribu- concerning the words and history of our na- contested race for an open Michigan State tions of Richard ‘‘Dick’’ Bowers, and to ex- tional anthem, is a direct reflection of the qual- Senate seat. A prominent pro-life organization press our gratitude for his achievements at the ity of music education in our Nation’s schools. endorsed my opponent, based not on my University of South Florida as well as in all of Music programs are considered an impor- record or his, but on unrelated reasons. This Florida. tant part of a well-rounded education. Re- was done despite my own consistent pro-life Bowers, a native of Tennessee, served in search shows that music programs help stu- voting record and ardent pro-life policy stance. the United States Army and retired with the dents perform better in math and science. The pro-life endorsement carried considerable rank of captain. He received his bachelor’s Music education also provides students with a weight in the district and was a noteworthy and master’s degrees from the University of greater appreciation of America’s musical her- point in the campaign. Henry Hyde found out Tennessee and his doctorate in education itage and history, as most Americans learn the about this development, and he was outraged. from Vanderbilt-Peabody College. Bowers national anthem and other patriotic songs at He traveled up from Illinois to campaign for taught at various institutions ranging from King school. me, to correct what he considered a grave in- College in Bristol, TN, to the University of The goal of the National Anthem Project justice. Of course, given the passage of the Rangoon, in Burma, on a Fulbright scholar- was to ‘‘restore America’s voice,’’ by re-teach- ‘‘Hyde amendment’’ to prevent federal funds ship. ing Americans to sing ‘‘The Star-Spangled from being used for abortions—remarkably, In 1963, Bowers moved to the Tampa area, Banner’’ and by spotlighting the important role passed during his first term in Congress in where he assumed the University of South of music programs in our Nation’s schools. 1974—Henry Hyde was a hero in the pro-life

VerDate Aug 31 2005 04:21 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A05DE8.050 E05DEPT1 cnoel on PRODPC60 with REMARKS_CN December 5, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2505 movement. His public endorsement of my Foundation. Frank served on the board as COMMENDING TRIANGLE STU- campaign was a significant factor in my close chairman of the Fayette County Bank and DENTS FOR PARTICIPATING IN victory. Sollars Brothers Corporation. DARFURFAST Mr. Speaker, I consider it an honor to have Frank received numerous honors throughout known and worked closely with Henry Hyde. I his life including being inducted into the Ohio HON. DAVID E. PRICE know many of us feel the same way. I hope Agricultural Hall of Fame, Fayette Agricultural OF NORTH CAROLINA we will uphold his legacy of defending the rule Hall of Fame, National Cooperative Business IN THE HOUSE OF REPRESENTATIVES of law, promoting just international relations, Association Hall of Fame and the Ohio Soil Wednesday, December 5, 2007 and protecting the sanctity of all life. and Water Conservation Hall of Fame. He re- f Mr. PRICE of North Carolina. Madam ceived the Distinguished Service Award from Speaker, I rise to commend the students, TRIBUTE TO FRANK B. SOLLARS the Ohio Farm Bureau and was named the friends and family members from the Carolina Outstanding Young Farmer by the Ohio Jay- Friends School community in Durham, North HON. MARION BERRY cees in 1956. Carolina who are making a simple, but power- OF ARKANSAS Although Frank has been recognized for nu- ful, statement today to raise awareness of a IN THE HOUSE OF REPRESENTATIVES merous honors, he always believed his family topic that compels the attention of this body— was his greatest accomplishment. Frank gave the plight of Sudanese citizens driven to Wednesday, December 5, 2007 many years of his life to improve and promote camps for refugees and internally displaced Mr. BERRY. Madam Speaker, I rise today to the agricultural industry he loved, because he persons, or IDPs, by the horrible genocide oc- pay tribute to an honorable lifelong farmer, truly believed it was his duty to serve his fam- curring in Darfur. fine American and dear friend who made sig- ily and his country. He was a member of the The Carolina Friends School community nificant contributions to the agricultural com- Grace United Methodist Church. members, along with others from across the munity for our nation. country and around the world, have given up A devout public servant, Frank was a man Frank Sollars was born in 1921 in Concord one luxury item today—something like a res- of honor and compassion. On behalf of the Township, Ohio to Walter Eugene and Mabel taurant dinner, a movie, or a cup of coffee— Congress, I extend sympathies to his family Blanche Bowers Sollars and graduated from and will donate the money they would have and gratitude for all he did to improve agri- Washington High School in 1939. spent to the Genocide Intervention Network’s culture for our nation. His service and friend- Although he was a farmer by profession, Civilian Protection program. ship will be missed by all. Frank was also a leader in agricultural co- Individually, these are small sacrifices, but operatives, the insurance business and agri- collectively, these donations will make a tre- cultural financing. As an International Cooper- f mendous difference. IDP camp residents are ative Alliance Central Committee member, TRIBUTE TO THE UNITED under tremendous threats, despite the relative Frank hosted delegations from Russia, Po- REPUBLIC OF TANZANIA protection the camps offer. Residents must land, Hungary, Czechoslovakia, China, Japan, venture from the camps to obtain simple and Taiwan on the farm. Frank served as items, such as the firewood needed to cook president of the Ohio Farm Bureau Federa- HON. PAUL RYAN food. But camp residents have routinely been tion, the Ohio Federation of Soil and Water attacked, raped, or killed by Janjaweed militia Conservation Districts and the Ohio Agricul- OF WISCONSIN members and others when they leave the con- tural Marketing Association. He served as a IN THE HOUSE OF REPRESENTATIVES fines of the camps. board member of the American Farm Bureau Just three dollars—the price of a cup of cof- Federation, the American Agricultural Mar- Wednesday, December 5, 2007 fee in many places—can fund protection by keting Association and served on the Board of UN-African Union peacekeepers for firewood Governors of the National Agricultural Hall of Mr. RYAN of Wisconsin. Madam Speaker, I gathering patrols for one camp resident over Fame. He was a board member on the first rise to mark the 46th anniversary of independ- the course of an entire year. Just one cup of Soil Conservation Service Board in Fayette ence for the United Republic of Tanzania, and coffee can make a life-saving difference. County for ten years and was chairman for to congratulate the leaders and citizens of that Beyond simply generating donations, the ac- five years. great Nation for all that they have achieved. tivism of these concerned citizens sends a Frank held numerous leadership roles in the It’s impossible to talk about Tanzania’s his- powerful message, a cry for help in con- finance industry including Chairman of the tory and development without remembering fronting a horrible tragedy. As their simple ac- Board of Nationwide Insurance, Chairman of the Nation’s founder and first president, Julius tions demonstrate, hundreds of thousands of the Board of the National Cooperative Busi- Nyerere. Mwalimu, or ‘‘Teacher,’’ as he was Darfuris are dying for items we often take for ness Association, a director of the Ohio affectionately known, was a great man among granted. While the DarfurFast volunteers are Chamber of Commerce, a member of the Ohio African leaders of his time. He dedicated his asked to give up a luxury item for one day, Consumers council and a director of the Fifth life to building a sense of national identity and many Darfuris go without food for days at a Third Bank of Columbus. He served on the unity. He wanted his countrymen to think of time. Thousands of camp residents have died Federal Reserve Bank Advisory Committee themselves as Tanzanians first and foremost, from malnutrition, from preventable disease, and was instrumental in establishing the Na- and not to set themselves apart because of and from lack of access to clean water. These tional Cooperative Bank in Washington, D.C. their religion or ethnicity. Nearly a half century victims are just as much casualties of the where he served as Board Chairman from later, it is clear that his dream is alive and genocide as are the Darfuris killed by maraud- 1980–1998 after being appointed by Presi- well. ing militias. dents Carter, Reagan and Bush. I applaud these students and community Commonly referred to as the ‘‘Founding Fa- We should also commend Tanzania’s presi- members for their message, and I urge my ther of the National Cooperative Banks,’’ dent, Jakaya Kikwete, for all of his efforts to colleagues to listen to it closely. Let us ask Frank was awarded the Stanley W. Dreyer carry on the good work of Mwalimu and other ourselves, what could we, here in Congress, Spirit of Cooperation Award in 2006 for his Tanzanian leaders. From his leadership of give up for Darfur? Would we be willing to commitment and dedication to banking. In rec- Tanzania’s National Testing Campaign for give up one day of spending in Iraq—worth ognition of Frank as an international coopera- HIV/AIDS to his calls for greater transparency about $200 million—to save lives in Darfur? tive mentor, The Frank B. Sollars Fund for in government and an end to corruption, Presi- Would we forego even a few tax cuts for the International Cooperation was established in dent Kikwete has tirelessly dedicated himself wealthy? What are we willing to sacrifice to 1998. to a brighter future for his country and his peo- stop the genocide and save the lives of mil- Locally, Frank was a member of the Fayette ple. lions of innocent civilians threatened every day County Farm Bureau, Fayette County Agron- As Tanzania enters its 47th year of inde- by savage militias and a heartless regime in omy Committee and Agronomy Club, and the pendence on December 9, 2007, let us cele- Khartoum that refuses to stop them? Concord Township Farm Bureau Advisory brate Tanzania’s legacy of peace and stability, Madam Speaker, once again, let me com- Council. He served as board member of the thank Tanzania for its close friendship with the mend these students and community mem- American Red Cross of Greater Columbus United States, and pledge ourselves to work bers—and the individuals around the world representing Fayette County and was a trust- closely with President Kikwete and his people participating in DarfurFast—for their activism. I ee of the Southern State Community College as they move boldly into the future. hope we will all heed their call.

VerDate Aug 31 2005 04:21 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A05DE8.053 E05DEPT1 cnoel on PRODPC60 with REMARKS_CN E2506 CONGRESSIONAL RECORD — Extensions of Remarks December 5, 2007 PERSONAL EXPLANATION The treatment facility was located in a drug- has traveled to over 35 countries, and can still and crime-infested neighborhood, and Ronald fit into the same tuxedo he bought during the HON. DEVIN NUNES took to the streets, reclaiming and renovating Great Depression. He is in excellent health, OF CALIFORNIA the crack houses in the area. Starting the takes no medication, and walks every day. IN THE HOUSE OF REPRESENTATIVES Treat the Streets Program, Flint Odyssey Mr. Heller, a mandolin player, also enjoys House reclaimed the area and earned Ronald Wednesday, December 5, 2007 entertaining for friends, family, and fellow resi- Sahara Brown the title of Chief of Odyssey Vil- dents of the Ring House, where he now re- Mr. NUNES. Madam Speaker, on the legis- lage. Flint Odyssey House has moved from sides. He was married to Ethel Heller for over lative day of Tuesday, December 4, 2007, I being a substance abuse treatment agency to 64 years until her death at age 92 in 2005. He was unavoidably detained and was unable to a human development agency and is a model has two children, five grandchildren, and ten cast a vote on a number of rollcall votes. Had for programs throughout the United States. It great grandchildren. I join with Mr. Heller’s I been present, I would have voted: rollcall operates many programs, and treats hundreds family and friends in wishing him a most joy- 1123—‘‘nay’’; rollcall 1124—‘‘yes’’; rollcall of persons, including pregnant addicts and ous birthday. He has my warmest congratula- 1125—‘‘yes’’; rollcall 1126—‘‘yes.’’ mothers with children. Accredited through the tions and best wishes. f Commission on Accreditation of Rehabilitation Facilities, Flint Odyssey House has expanded f RECOGNIZING THE 35TH ANNIVER- and now operates a program in Saginaw SARY OF FLINT ODYSSEY HOUSE Michigan. RECOGNIZING NANCY CHANDLER In 1993, Flint Odyssey House received the AS AN OUTSTANDING ADVOCATE HON. DALE E. KILDEE Martin Luther King, Jr. Award from the Michi- FOR CHILDREN OF MICHIGAN gan Department of Public Health and the IN THE HOUSE OF REPRESENTATIVES Clayton R. Stroup Award. In 1996 Ronald Sa- Wednesday, December 5, 2007 hara Brown was the recipient of the Robert HON. TED POE Wood Johnson Community Health Leadership OF TEXAS Mr. KILDEE. Madam Speaker, I rise today Award. Ronald used the $100,000 stipend that IN THE HOUSE OF REPRESENTATIVES to recognize the achievements of Flint Odys- came with this award to purchase and operate sey House. On December 6th Flint Odyssey an old-age home in the neighborhood that was Wednesday, December 5, 2007 House will be holding an open house to cele- about to close. This kept the residents from Mr. POE. Madam Speaker, It has been said brate the 35th anniversary of the Odyssey In- being evicted and provided one more service that ‘‘child abuse casts a shadow the length of stitute. to the community. a lifetime.’’ Nancy Chandler has dedicated her Dr. Judianne Densen-Gerber began her ca- Madam Speaker, I ask the House of Rep- life to changing this. For over 25 years, Nancy reer in substance abuse treatment in 1966 resentatives to rise with and applaud the work has advocated for children and improved their working with 17 heroin addicts. She quickly re- of Ronald Sahara Brown, the staff, volunteers futures. alized that for successful rehabilitation, the and the clients of Flint Odyssey House. Their root causes of addiction had to be addressed. courage and determination to bring out the po- After receiving her Masters in Social Work She developed a model of treatment that tack- tential in every human being is a brilliant ex- from the University of Georgia, Nancy was the led the traumatic experiences in an addict’s ample of the power in each and every one of founding Executive Director of the Memphis life and its impact on a person’s well-being us to effect change in our world. May they Child Advocacy Center. This Center helps and self-image. The treatment methodology continue to provide service and compassion ‘‘victims become children again.’’ consists of five stages: Orientation, Cocoon for many, many more years. Since April 1994, Nancy Chandler has Phase, Incubator Phase, Self-Awareness and f served as the Executive Director of the Na- Reformation Phase, and Butterfly Post-Treat- tional Children’s Alliance (NCA), a not-for-prof- ment. From her treatment model, the Odyssey TRIBUTE TO MR. SANFORD it membership organization that represents Institute was born and now operates in com- HELLER more than 700 Children’s Advocacy Centers. munities around the world. For 13 years, Nancy has led and managed Started in 1979 by Ronald Sahara Brown, HON. CHRIS VAN HOLLEN NCA’s finances, and developed resources, Flint Odyssey House was a satellite program OF MARYLAND training, programs, communications, and of the Detroit Rubicon Odyssey House. When IN THE HOUSE OF REPRESENTATIVES membership services. Nancy also led and in- the Detroit program was forced to close its Wednesday, December 5, 2007 spired a staff of dedicated advocates. As Ex- doors, Ronald Brown kept the Flint Odyssey ecutive Director of NCA, Nancy educated and House open. He had $300 in food stamps and Mr. VAN HOLLEN. Madam Speaker, it is motivated advocates at over 400 conferences the determination to make the program a suc- with great pleasure that I congratulate my con- and workshops across the United States. cess. As a former addict and a graduate of the stituent, Mr. Sanford Heller of Rockville, Mary- Throughout her remarkable career in chil- program, Ronald knew firsthand how bene- land, as he prepares to celebrate his 100th dren’s advocacy, Nancy was a member of ficial the Odyssey House concept of treatment birthday. Mr. Heller was born on December Leadership Memphis and a founding board could be to a recovering substance abuser. 27, 1907 in The Bronx, New York and lived in member of the National Network of Children’s He invited clients of the closed Detroit Rubi- New York City until he has 95. He owned his Advocacy Centers. She also served on the con Odyssey House to join him in the Flint own home, mortgage free, for more than 50 National Advisory Committee for Darkness to program. With a skeleton crew, he operated years. Light, a primary prevention program aimed at the program on a shoestring. His persever- Mr. Heller has dedicated his life to public reducing the incidence and consequence of ance paid off, and the Michigan Department of service and took part in events that shaped child sexual abuse, and as Senior Warden of Social Services and the Genesee County our nation. During the 1930s, he processed The Church of the Epiphany in Washington, Commission on Substance Abuse started to the arrival of new immigrants at Ellis Island. DC. Nancy has proven herself as an experi- provide financial assistance. From that first He served in the U.S. Navy during World War enced leader and a compassionate advocate adult treatment center, the program has grown II. After his military service, he held positions for children. to provide a wide range of services. in Federal, State, and city government. Ronald Brown has expanded Flint Odyssey To this day, Mr. Heller keeps himself busy. And that’s just the way it is. House to meet the needs of the community. He reads the New York Times cover to cover,

VerDate Aug 31 2005 04:21 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A05DE8.057 E05DEPT1 cnoel on PRODPC60 with REMARKS_CN December 5, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2507 SENATE COMMITTEE MEETINGS Homeland Security and Governmental Af- North Carolina, to be Assistant Sec- fairs retary for Health Affairs and Chief Title IV of Senate Resolution 4, Investigations Subcommittee Medical Officer, and Harvey E. John- agreed to by the Senate on February 4, To hold joint hearings with the Com- son, Jr., of Virginia, to be Deputy Ad- 1977, calls for establishment of a sys- mittee on Energy and Natural Re- ministrator and Chief Operating Offi- tem for a computerized schedule of all sources Subcommittee on Energy to cer, Federal Emergency Management meetings and hearings of Senate com- examine the role of speculation in re- Agency, both of the Department of cent crude oil prices. mittees, subcommittees, joint commit- Homeland Security. SH–216 tees, and committees of conference. SD–342 Judiciary This title requires all such committees Terrorism, Technology and Homeland Se- Rules and Administration to notify the Office of the Senate Daily curity Subcommittee To hold hearings to examine a recently Digest—designated by the Rules Com- To hold hearings to examine the legal released Government Accountability mittee—of the time, place, and purpose rights of Guantanamo detainees, focus- Office report, focusing on funding chal- of the meetings, when scheduled, and ing on what they are, should they be lenges and facilities maintenance at any cancellations or changes in the changed, and is there an end in sight. the Smithsonian Institution. meetings as they occur. SD–226 SR–301 2 p.m. Commerce, Science, and Transportation As an additional procedure along Judiciary Surface Transportation and Merchant Ma- with the computerization of this infor- Antitrust, Competition Policy and Con- rine Infrastructure, Safety and Secu- mation, the Office of the Senate Daily sumer Rights Subcommittee rity Subcommittee Digest will prepare this information for To hold hearings to examine the Sun- To hold an oversight hearing to examine printing in the Extensions of Remarks shine in Litigation Act, focusing on the Federal Motor Carrier Safety Ad- section of the CONGRESSIONAL RECORD whether court secrecy undermines pub- ministration, focusing on truck driver lic health and safety. on Monday and Wednesday of each hours-of-service (HOS) rules and truck SD–226 safety. week. 2:30 p.m. Meetings scheduled for Thursday, De- Energy and Natural Resources SR–253 cember 6, 2007 may be found in the To hold hearings to examine S. 2156, to 10:30 a.m. Daily Digest of today’s RECORD. authorize and facilitate the improve- Aging ment of water management by the Bu- To hold hearings to examine reverse MEETINGS SCHEDULED reau of Reclamation, to require the mortgages, focusing on polishing not Secretary of the Interior and the Sec- tarnishing the golden years. DECEMBER 11 retary of Energy to increase the acqui- SD–628 10 a.m. sition and analysis of water resources Appropriations for irrigation, hydroelectric power, mu- DECEMBER 13 To hold hearings to examine the Presi- nicipal, and environmental uses. 9:30 a.m. dent’s proposed budget request for fis- SD–366 Energy and Natural Resources cal year 2008 for the supplemental re- To hold hearings to examine ways to re- quest for the wars in Iraq and Afghani- DECEMBER 12 form the Mining Law of 1872. stan. 9:30 a.m. SD–106 SD–366 Judiciary 10 a.m. Finance To hold hearings to examine S. 1782, to Commerce, Science, and Transportation To hold hearings to examine S. 1673, to amend chapter 1 of title 9 of United To hold an oversight hearing to examine facilitate the export of United States States Code with respect to arbitra- agricultural products to Cuba as au- tion. the Federal Communications Commis- thorized by the Trade Sanctions Re- SD–226 sion (FCC). form and Export Enhancement Act of 10 a.m. SR–253 2000, to remove impediments to the ex- Health, Education, Labor, and Pensions 2:30 p.m. port to Cuba of medical devices and Business meeting to consider S. 579, to Energy and Natural Resources medicines, to allow travel to Cuba by amend the Public Health Service Act Public Lands and Forests Subcommittee United States citizens, to establish an to authorize the Director of the Na- To hold hearings to examine forest res- agricultural export promotion program tional Institute of Environmental toration and hazardous fuels reduction with respect to Cuba. Health Sciences to make grants for the efforts in the forests of Oregon and SD–215 development and operation of research Washington. Health, Education, Labor, and Pensions centers regarding environmental fac- SD–366 To hold hearings to examine the global tors that may be related to the eti- challenge of HIV/AIDS, tuberculosis, ology of breast cancer, an original bill DECEMBER 19 and malaria. entitled ‘‘Substance Abuse and Mental SD–430 Health Services Administration’’, and 10 a.m. Homeland Security and Governmental Af- any pending nominations. Judiciary fairs SD–430 Business meeting to consider the nomi- To hold hearings to examine e-govern- Homeland Security and Governmental Af- nation of Mark R. Filip, of Illinois, to ment 2.0, focusing on improving inno- fairs be Deputy Attorney General, Depart- vation, collaboration, and access. Business meeting to consider the nomi- ment of Justice. SD–342 nations of Jeffrey William Runge, of SD–226

VerDate Aug 31 2005 04:21 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\M05DE8.000 E05DEPT1 cnoel on PRODPC60 with REMARKS_CN Wednesday, December 5, 2007 Daily Digest Senate proceed to consideration of the bill at approximately Chamber Action 10:30 a.m., on Thursday, December 6, 2007; that Routine Proceedings, pages S14749–S14805 there be 1 hour of debate prior to a vote on the mo- Measures Introduced: Eleven bills and two resolu- tion to invoke cloture on the motion to proceed to tions were introduced, as follows: S. 2408–2418, and consideration of the bill and the time be equally di- S. Res. 388–389. Pages S14786–87 vided between the two Leaders, or their designees; Measures Reported: provided further, that the 20 minutes immediately prior to the cloture vote be divided 10 minutes each S. 704, to amend the Communications Act of for the Leaders, with the Majority Leader controlling 1934 to prohibit manipulation of caller identifica- tion information, with an amendment in the nature the final 10 minutes, and that Senate then vote on of a substitute. (S. Rept. No. 110–234) the motion to invoke cloture on the motion to pro- ceed to consideration of the bill. Pages S14803–04 S. 1178, to strengthen data protection and safe- guards, require data breach notification, and further Farm Bill Extension Act: Senate resumed consider- prevent identity theft, with amendments. (S. Rept. ation of H.R. 2419, to provide for the continuation No. 110–235) of agricultural programs through fiscal year 2012, S. 1780, to require the FCC, in enforcing its regu- taking action on the following amendments proposed lations concerning the broadcast of indecent pro- thereto: gramming, to maintain a policy that a single word Pending: or image may be considered indecent. (S. Rept. No. Harkin Amendment No. 3500, in the nature of a 110–236) substitute. Pages S14774–77 S. 1858, to amend the Public Health Service Act Reid (for Dorgan/Grassley) Amendment No. 3508 to establish grant programs to provide for education (to Amendment No. 3500), to strengthen payment and outreach on newborn screening and coordinated limitations and direct the savings to increased fund- followup care once newborn screening has been con- ing for certain programs. Pages S14774–77 ducted, to reauthorize programs under part A of title Reid Amendment No. 3509 (to Amendment No. XI of such Act, with an amendment in the nature 3508), to change the enactment date. Page S14774 of a substitute. Reid Amendment No. 3510 (to the language pro- S. 2045, to reform the Consumer Product Safety posed to be stricken by Amendment No. 3500), to Commission to provide greater protection for chil- change the enactment date. Page S14774 dren’s products, to improve the screening of non- Reid Amendment No. 3511 (to Amendment No. compliant consumer products, to improve the effec- 3510), to change the enactment date. Page S14774 tiveness of consumer product recall programs, with an amendment in the nature of a substitute. Motion to commit the bill to the Committee on Agriculture, Nutrition, and Forestry, with instruc- Page S14786 tions to report back forthwith, with Reid Amend- Measures Considered: ment No. 3512. Page S14774 Temporary Tax Relief Act: Senate continued con- Reid Amendment No. 3512 (to the instructions of sideration of the motion to proceed to consideration the motion to commit to the Committee on Agri- of H.R. 3996, to amend the Internal Revenue Code culture, Nutrition, and Forestry, with instructions), of 1986 to extend certain expiring provisions. to change the enactment date. Page S14774 Pages S14773–74 Reid Amendment No. 3513 (to the instructions of Subsequently, the motion to proceed was with- the motion to recommit), to change the enactment drawn. Page S14774 date. Page S14774 A unanimous-consent agreement was reached pro- Reid Amendment No. 3514 (to Amendment No. viding for further consideration of the motion to 3513), to change the enactment date. Page S14774 D1573

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A motion was entered to close further debate on JUVENILE JUSTICE AND DELINQUENCY Harkin Amendment No. 3500 (listed above), and, in PREVENTION ACT accordance with the provisions of Rule XXII of the Committee on the Judiciary: Committee concluded a Standing Rules of the Senate, a vote on cloture will hearing to examine reauthorization of the Juvenile occur on Friday, December 7, 2007. Page S14774 Justice and Delinquency Prevention Act (Public Law Nominations Received: Senate received the fol- 93–415), focusing on protecting children and com- lowing nominations: munities, after receiving testimony from J. Robert Mark R. Filip, of Illinois, to be Deputy Attorney Flores, Administrator, Office of Juvenile Justice and General. Delinquency Prevention, Office of Justice Programs, 1 Army nomination in the rank of general. Department of Justice; Shay Bilchik, Georgetown University Public Policy Institute Center for Juve- Page S14805 nile Justice Reform, Washington, D.C.; Deirdre Messages from the House: Pages S14783–84 Wilson Garton, Governor’s Juvenile Justice Commis- Measures Referred: Page S14784 sion, Madison, Wisconsin; Anne Marie Ambrose, Pennsylvania Department of Public Welfare, Child Measures Read the First Time: Page S14785 Welfare and Juvenile Justice Services, Office of Chil- Executive Communications: Pages S14785–86 dren, Youth, and Families, Harrisburg; and Richard Additional Cosponsors: Pages S14787–88 Miranda, Tucson Police Department, Tucson, Ari- zona. Statements on Introduced Bills/Resolutions: Pages S14788–S14802 FORECLOSURE CRISIS Additional Statements: Pages S14781–83 Committee on the Judiciary: Committee concluded a hearing to examine the foreclosure crisis, focusing on Amendments Submitted: Page S14802 helping families save their homes, including S. 2136, Notices of Intent: Pages S14802–03 to address the treatment of primary mortgages in bankruptcy, after receiving testimony from Jac- Authorities for Committees to Meet: Page S14803 queline P. Cox, Judge, United States Bankruptcy Privileges of the Floor: Page S14803 Court for the Northern District of Illinois; Thomas Adjournment: Senate convened at 12 noon and ad- B. Bennett, Judge, United States Bankruptcy Court journed at 6:13 p.m., until 10:30 a.m. on Thursday, for the Northern District of Alabama; Mark M. December 6, 2007. (For Senate’s program, see the re- Zandi, Moody’s Economy.com, Inc., West Chester, marks of the Acting Majority Leader in today’s Pennsylvania; Joseph R. Mason, Drexel University Record on pages S14803–04.) LeBow College of Business, and Henry J. Sommer, National Association of Consumer Bankruptcy Attor- neys, both of Philadelphia, Pennsylvania; Mark S. Committee Meetings Scarberry, American Bankruptcy Institute, Wash- ington, D.C.; and Nettie McGee, Chicago, Illinois. (Committees not listed did not meet) NOMINATION Committee on Veterans’ Affairs: Committee concluded a BUSINESS MEETING hearing to examine the nomination of James B. Committee on Environment and Public Works: Com- Peake, of the District of Columbia, to be Secretary mittee ordered favorably reported the following: of Veterans Affairs, after the nominee, who was in- S. 2191, to direct the Administrator of the Environ- troduced by Senator Inouye and former Senator Bob mental Protection Agency to establish a program to Dole, testified and answered questions in his own decrease emissions of greenhouse gases, with an behalf. amendment in the nature of a substitute; and HEALTH AND WELFARE NEEDS OF The nominations of John S. Bresland, of New Jer- ELDERLY REFUGEES sey, to be Chairperson, and Charles Russell Horner Special Committee on Aging: Committee concluded a Shearer, of Delaware, both to be Members of the hearing to examine the elderly who have been dis- Chemical Safety and Hazard Investigation Board, placed by war, poverty, and persecution abroad, after and William H. Graves, of Tennessee, Susan Rich- receiving testimony from Kelly Ryan, Deputy Assist- ardson Williams, of Tennessee, and Thomas C. ant Secretary of State for the Bureau of Population, Gilliland, of Georgia, all to be Members of the Refugees, and Migration; Brent Orrell, Acting Di- Board of Directors of the Tennessee Valley Author- rector, Office of Refugee Resettlement (ORR), Ad- ity. ministration for Children and Families, Department

VerDate Aug 31 2005 05:51 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D05DE7.REC D05DEPT1 cnoel on PRODPC60 with DIGEST_CN December 5, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1575 of Health and Human Services; Michael Gabaudan, Khammany Mathavongsy, Southeast Asia Resource Regional Representative for the United States of Action Center California Projects, both of Wash- America and the Caribbean, Office of the United ington, D.C.; Maria Teverovsky, Hebrew Immigrant Nations High Commissioner for Refugees; C. Rich- Aid Society (HIAS), New York, New York; and ard Parkins, Episcopal Migration Ministries (EMM), Salahuddin Ansary, Lutheran Community Services on behalf of the Refugee Council USA, and Northwest (LCSNW), Portland Oregon. h House of Representatives ment of Energy, and to prescribe military personnel Chamber Action strengths for such fiscal year. Page H14163 Public Bills and Resolutions Introduced: 21 pub- Agreed to the Tauscher motion to close portions lic bills, H.R. 4278–4298; and 2 resolutions, H. of the conference by a yea-and-nay vote of 405 yeas Res. 844–845, were introduced. Pages H14249–50 to 6 nays, Roll No. 1127. Pages H14169–70 Additional Cosponsors: Pages H14250–51 Agreed to the Hunter motion to instruct conferees Reports Filed: Reports were filed today as follows: by a yea-and-nay vote of 328 yeas to 83 nays, Roll No. 1128. Pages H14163–69, S14170–71 H.R. 3526, to include all banking agencies within the existing regulatory authority under the Federal Later, the Chair appointed the following Members Trade Commission Act with respect to depository of the House to the conference committee on the institutions (H. Rept. 110–472, Pt. 1); bill: from the Committee on Armed Services, for H.R. 3526, to include all banking agencies within consideration of the House bill and the Senate the existing regulatory authority under the Federal amendment, and modifications committed to con- Trade Commission Act with respect to depository ference: Representatives Skelton, Spratt, Ortiz, Tay- institutions (H. Rept. 110–472, Pt. 2); lor, Abercrombie, Reyes, Snyder, Smith (WA), Loret- ta Sanchez (CA), McIntyre, Tauscher, Brady (PA), H. Res. 836, granting the authority provided Andrews, Davis (CA), Larsen (WA), Cooper, Mar- under clause 4(c)(3) of rule X of the Rules of the shall, Bordallo, Udall (CO), Hunter, Saxton, House of Representatives to the Committee on Edu- McHugh, Everett, Bartlett (MD), McKeon, Thorn- cation and Labor for purposes of its investigation berry, Jones (NC), Hayes, Akin, Forbes, Wilson into the deaths of 9 individuals that occurred at the (SC), Turner, Kline (MN), and Drake. Page H14182 Crandall Canyon Mine near Huntington, Utah (H. Rept. 110–473); and From the Permanent Select Committee on Intel- H. Res. 846, providing for the consideration of ligence, for consideration of matters within the juris- the Senate amendments to the bill (H.R. 6) an Act diction of that committee under clause 11 of rule X: to move the United States toward greater energy Representatives Boswell, Patrick J. Murphy (PA), independence and security, to increase the produc- and Hoekstra. Page H14182 tion of clean renewable fuels, to protect consumers From the Committee on Education and Labor, for from price gouging, to increase the energy efficiency consideration of secs. 561, 562, 675, 953, and 3118 of products, buildings, and vehicles, to promote re- of the House bill, and secs. 561, 562, 564, 565, and search on and deploy greenhouse gas capture and 3137 of the Senate amendment, and modifications storage options, and to improve the energy perform- committed to conference: Representatives George ance of the Federal Government, and for other pur- Miller (CA), Courtney, and Walberg. Page H14182 poses (H. Rept. 110–474). Pages H14248–49 From the Committee on Energy and Commerce, for consideration of secs. 311–313 and 1082 of Sen- Journal: The House agreed to the Speaker’s approval ate amendment, and modifications committed to of the Journal by voice vote. Pages H14159, S14224 conference: Representatives Dingell, Wynn, and Bar- National Defense Authorization Act for Fiscal ton (TX). Page H14182 Year 2008—Motion to go to Conference: The From the Committee on Foreign Affairs, for con- House disagreed to the Senate amendment and sideration of secs. 831, 833, 1022, 1201, 1203, agreed to a conference on H.R. 1585, to authorize 1204, 1206–1208, 1221, 1222, 1231, 1241, 1242, appropriations for fiscal year 2008 for military ac- Title XIII, and sec. 3117 of the House bill, and secs. tivities of the Department of Defense, for military 871, 934, 1011, 1201–1203, 1205, 1211, 1212, construction, and for defense activities of the Depart- 1214, 1215, 1217, 1219, 1232, Title XIII, secs.

VerDate Aug 31 2005 05:51 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D05DE7.REC D05DEPT1 cnoel on PRODPC60 with DIGEST_CN D1576 CONGRESSIONAL RECORD — DAILY DIGEST December 5, 2007 1511, 1512, 1532, 1533, 1539–1542, 1571, and modifications committed to conference: Rep- 1574–1576, 1579, 3134, and 3139 of the Senate resentatives Rangel, Stark, and Camp (MI). amendment, and modifications committed to con- Page H14183 ference: Representatives Lantos, Ackerman, and Ros- Suspensions—Proceedings Resumed: The House Lehtinen. Page H14182 agreed to suspend the rules and pass the following From the Committee on Homeland Security, for measures which were debated on Tuesday, December consideration of sec. 1076 of the Senate amendment, 4th: and modifications committed to conference: Rep- Recognizing 200 years of research, service to the resentatives Thompson (MS), Carney, and Daniel E. people of the United States, and stewardship of the Lungren (CA). Page H14182 marine environment by the National Oceanic and From the Committee on the Judiciary, for consid- Atmospheric Administration and its predecessor eration of secs. 582, 672, 673, and 850 of the House agencies: H. Con. Res. 147, to recognize 200 years bill, and secs. 824, 1023, 1024, 1078, 1087, of research, service to the people of the United 1571–1574, 1576, 1577, 1579, and Title LII of the States, and stewardship of the marine environment Senate amendment, and modifications committed to by the National Oceanic and Atmospheric Adminis- conference: Representatives Conyers, Berman, and tration and its predecessor agencies, by a 2/3 yea- Smith (TX). Page H14182 and-nay vote of 414 yeas with none voting ‘‘nay’’, From the Committee on Oversight and Govern- Roll No. 1129 and Page H14171 ment Reform, for consideration of secs. 325, 326, North Bay Water Reuse Program Act of 2007: 328–330, 604, 653, 674, 801, 802, 814, 815, H.R. 236, amended, to authorize the Secretary of the 821–824, 1101–1112, 1221, 1231, and 1451 of the Interior to create a Bureau of Reclamation partner- House bill, and secs. 366–370, 603, 684, 821, 823, ship with the North Bay Water Reuse Authority 842, 845, 846, 871, 902, 937, 1064, 1069, 1074, and other regional partners to achieve objectives re- 1093, 1101–1106, 1108, 1540, 1542, and 2851 of lating to water supply, water quality, and environ- the Senate amendment, and modifications committed mental restoration, by a 2/3 yea-and-nay vote of 358 to conference: Representatives Waxman, Towns, and yeas to 55 nays, Roll No. 1130. Page H14172 Davis (VA). Pages H14182–83 Suspensions: The House agreed to suspend the rules From the Committee on Science and Technology, and pass the following measures: for consideration of secs. 846, 1085, and 1088 of the Senate amendment, and modifications committed to Including all banking agencies within the exist- conference: Representatives Gordon (TN), Giffords, ing regulatory authority under the Federal Trade Commission Act with respect to depository institu- and Ehlers. Page H14183 tions: H.R. 3526, amended, to include all banking From the Committee on Small Business, for con- agencies within the existing regulatory authority sideration of secs. 828, 1085, 1088, 4001, 4002, under the Federal Trade Commission Act with re- 4101–4103, 4201–4203, and 4301–4305 of the Sen- spect to depository institutions; Pages H14172–74 ate amendment, and modifications committed to conference: Representatives Vela´zquez, Altmire, and Preserving and Expanding Minority Depository Institutions Act: H.R. 4043, amended, to amend Chabot. Page H14183 From the Committee on Transportation and Infra- the Financial Institutions Reform, Recovery, and En- structure, for consideration of secs. 523 and 1048 of forcement Act of 1989 to preserve and expand mi- nority depository institutions; Pages H14174–76 the House bill, and secs. 311–313, 353, 1070, 2853, 2855, 2863, 5101, 5202, and 5208 of the Senate Section 202 Supportive Housing for the Elderly amendment, and modifications committed to con- Act of 2007: H.R. 2930, amended, to amend section ference: Representatives Oberstar, Costello, and 202 of the Housing Act of 1959 to improve the pro- Graves. Page H14183 gram under such section for supportive housing for From the Committee on Veterans’ Affairs, for con- the elderly; Pages H14176–80 sideration of secs. 525, 1421, 1433, and 1453 of the Commending the National Renewable Energy House bill, and secs. 701, 710, 1084, 1611, 1612, Laboratory for its work of promoting energy effi- 1621, 1626, 1634, 1641, 1654, 1662, and ciency for 30 years: H. Con. Res. 251, to commend 1702–1712 of the Senate amendment, and modifica- the National Renewable Energy Laboratory for its tions committed to conference: Representatives Fil- work of promoting energy efficiency for 30 years; ner, Michaud, and Buyer. Page H14183 Pages H14183–84 From the Committee on Ways and Means, for Amending the Higher Education Act of 1965 to consideration of sec. 536 of the Senate amendment, make technical corrections: S. 2371, amended, to

VerDate Aug 31 2005 05:51 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D05DE7.REC D05DEPT1 cnoel on PRODPC60 with DIGEST_CN December 5, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1577 amend the Higher Education Act of 1965 to make yea-and-nay vote of 410 yeas with none voting technical corrections; Pages H14184–85 ‘‘nay’’, Roll No. 1133; and Pages H14212–17, S14226 Protecting Our Children Comes First Act of Providing for an additional temporary extension 2007: H.R. 2517, amended, to amend the Missing of programs under the Small Business Act and the Children Assistance Act to authorize appropriations, Small Business Investment Act of 1958 through by a 2⁄3 yea-and-nay vote of 408 yeas to 3 nays, Roll May 23, 2008: H.R. 4252, to provide for an addi- No. 1132; Pages H14185–90, S14225–26 tional temporary extension of programs under the Securing Adolescents From Exploitation—Online Small Business Act and the Small Business Invest- Act of 2007: H.R. 3791, amended, to modernize and ment Act of 1958 through May 23, 2008. expand the reporting requirements relating to child Pages H14223–24 pornography and to expand cooperation in com- Suspensions—Proceedings Postponed: The House bating child pornography, by a 2⁄3 yea-and-nay vote debated the following measures under suspension of of 409 yeas to 2 nays, Roll No. 1131; the rules. Further proceedings were postponed: Pages H14190–93, S14224–25 Securities Law Technical Corrections Act of Managing Arson Through Criminal History 2007: H.R. 3505, amended, to make various tech- (MATCH) Act of 2007: H.R. 1759, amended, to es- nical and clerical amendments to the Federal securi- tablish guidelines and incentives for States to estab- ties laws and Pages H14180–82 lish arsonist registries and to require the Attorney Military Reservist and Veteran Small Business General to establish a national arsonist registry and Reauthorization and Opportunity Act of 2007: notification program; Pages H14193–98 H.R. 4253, to improve and expand small business Expressing the sense of the House of Representa- assistance programs for veterans of the armed forces tives that the hanging of nooses is a horrible act and military reservists. Pages H14218–23 when used for the purpose of intimidation: H. Res. Privileged Resolution: The House agreed to H. 826, to express the sense of the House of Represent- Res. 836, granting the authority provided under atives that the hanging of nooses is a horrible act clause 4(c)(3) of rule X of the Rules of the House when used for the purpose of intimidation and of Representatives to the Committee on Education which under certain circumstances can be a criminal and Labor for purposes of its investigation into the act that should be thoroughly investigated by Fed- deaths of 9 individuals that occurred at the Crandall eral law enforcement authorities and that any crimi- Canyon Mine near Huntington, Utah. nal violations should be vigorously prosecuted; Pages H14226–27 Pages H14198–S14203 Recess: The House recessed at 8:30 p.m. and recon- Genocide Accountability Act of 2007: S. 888, to vened at 11:52 p.m. Page H14246 amend section 1091 of title 18, United States Code, Senate Message: Message received from the Senate to allow the prosecution of genocide in appropriate today appears on page H14159. circumstances—clearing the measure for the Presi- Senate Referrals: S. 1327 and S. 863 were referred dent; Pages H14203–07 to the Committee on the Judiciary. Page H14246 U.S. Capitol Police and Library of Congress Po- Quorum Calls—Votes: Seven yea-and-nay votes de- lice Merger Implementation Act of 2007: H.R. veloped during the proceedings of today and appear 3690, amended, to provide for the transfer of the Li- on pages H14170, H14170–71, H14171, H14172, brary of Congress police to the United States Capitol H14224–25, H14225, and H14226. There were no Police; Pages H14207–11 quorum calls. Providing for the reappointment of Patricia Q. Adjournment: The House met at 10 a.m. and ad- Stonesifer as a citizen regent of the Board of Re- journed at 11:53 p.m. gents of the Smithsonian Institution: S. J. Res. 8, to provide for the reappointment of Patricia Q. Stonesifer as a citizen regent of the Board of Regents Committee Meetings of the Smithsonian Institution—clearing the measure for the President; Pages H14211–12 PROVINCIAL RECONSTRUCTION TEAMS Recognizing the 100th anniversary year of the Committee on Armed Services: Subcommittee on Over- founding of the Port of Los Angeles: H. Res. 822, sight and Investigations held a hearing on Provincial amended, to recognize the 100th anniversary year of Reconstruction Teams—Historical and Current Per- the founding of the Port of Los Angeles, by a 2⁄3 spectives on Doctrine and Strategy. Testimony was

VerDate Aug 31 2005 05:51 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D05DE7.REC D05DEPT1 cnoel on PRODPC60 with DIGEST_CN D1578 CONGRESSIONAL RECORD — DAILY DIGEST December 5, 2007 heard from BG Eric Olson, USA (Ret.), former Com- EXECUTIVE COMPENSATION mander, Combined/Joint Task Force-76, former Di- CONSULTANTS rector, National Coordination Team; and public wit- Committee on Oversight and Government Reform: Held a nesses. hearing on Executive Pay and the Role of Compensa- tion Consultants. Testimony was heard from Mere- U.S. ECONOMY AND THE FEDERAL dith Miller, Assistant Treasurer, Policy, Office of BUDGET Treasurer, Connecticut; and public witnesses. Committee on the Budget: Held a hearing on the State of the U.S. Economy and Implications for the Fed- PROVIDING FOR TAKING DEPOSITIONS— eral Budget. Testimony was heard from Peter CRANDALL CANYON MINE Orszag, Director, CBO; and public witnesses. INVESTIGATION Committee on Rules: Ordered reported H. Res. 836, COMMITTEE RESOLUTION—PROVIDING Granting the authority provided under clause 4(c)(3) FOR TAKING DEPOSITIONS of rule X of the Rules of the House of Representa- Committee on Education and Labor: Approved a motion tives to the Committee on Education and Labor for adopting, as amended, a resolution to add a Rule 24 purposes of its investigation into the deaths of 9 in- to the Rules of the Committee to Provide a Process dividuals that occurred at the Crandall Canyon Mine for Taking Depositions. near Huntington, Utah. Testimony was heard from Chairman George Miller of California; Representa- OVERSIGHT—FCC: MEDIA OWNERSHIP tive McKeon; and T.J. Halstead, Legislative Attor- Committee on Energy and Commerce: Subcommittee on ney, American Law Division, CRS, Library of Con- Telecommunications and the Internet held a hearing gress. entitled ‘‘Oversight of the Federal Communications Commission: Media Ownership.’’ Testimony was CREATING LONG-TERM ENERGY heard from the following officials of the FCC: Kevin ALTERNATIVES FOR THE NATION ACT OF J. Martin, Chairman; Michael J. Copps, Jonathan S. 2007 Adelstein, Deborah Taylor Tate and Robert M. Committee on Rules: Granted, by a vote of 9 to 3, a McDowell, all Commissioners; and public witnesses. rule which makes in order a motion by the Majority Leader to concur in the Senate amendments with the LOW INCOME VETERANS’ HOUSING House amendments printed in the Rules Committee Committee on Financial Services: Subcommittee on report. The rule waives all points of order against Housing and Community Opportunity held a hear- the motion except clause 10 of rule XXI. The rule ing entitled ‘‘Affordable Housing Needs of America’s provides that the Senate amendments and the mo- Low Income Veterans.’’ Testimony was heard from tion shall be considered as read. The rule provides Mark Johnston, Deputy Assistant Secretary, Special 1 hour of debate on the motion equally divided and Needs, Department of Housing and Urban Develop- controlled by the Majority Leader and the Minority ment; Peter H. Dougherty, Director, Homeless Vet- Leader. The rule further provides that the Chair may erans Programs, Department of Veterans Affairs; postpone further consideration of the motion to a David Wood, Director, Financial Markets and Com- time designated by the Speaker. Testimony was munity Investment, GAO; and public witnesses. heard by Representatives Blumenauer and Barton of Texas. MIDDLE EAST PEACE PROCESS—AFTER ANNAPOLIS BRIEFING—IRAN Committee on Foreign Affairs: Held a hearing on After Permanent Select Committee on Intelligence: Met in execu- Annapolis: Next Steps in the Middle East Peace tive session to receive a briefing on Iran. The Com- Process. Testimony was heard from public witnesses. mittee was briefed by departmental witnesses. REBUILDING FISHERIES Joint Meetings Committee on Natural Resources: Subcommittee on Fisheries, Wildlife and Oceans held an oversight INTELLIGENCE AUTHORIZATION ACT hearing entitled ‘‘Rebuilding Overfished Fisheries Conferees agreed to file a conference report on the dif- Under the Magnuson-Stevens Fishery Management ferences between the Senate and House passed Act.’’ Testimony was heard from Representatives versions of H.R. 2082, to authorize appropriations Frank of Massachusetts, Jones of North Carolina; and for fiscal year 2008 for intelligence and intelligence- Bishop of New York; and public witnesses. related activities of the United States Government,

VerDate Aug 31 2005 05:51 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D05DE7.REC D05DEPT1 cnoel on PRODPC60 with DIGEST_CN December 5, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1579 the Community Management Account, and the Cen- tions of Ronald Jay Tenpas, of Maryland, to be an Assist- tral Intelligence Agency Retirement and Disability ant Attorney General, Gregory A. Brower, to be United System. States Attorney for the District of Nevada, Diane J. Humetewa, to be United States Attorney for the District f of Arizona, and Edmund A. Booth, Jr., to be United COMMITTEE MEETINGS FOR THURSDAY, States Attorney for the Southern District of Georgia, 10 DECEMBER 6, 2007 a.m., SD–226. (Committee meetings are open unless otherwise indicated) House Senate Committee on Financial Services, hearing entitled ‘‘Accel- Committee on Armed Services: Subcommittee on Readiness erating Loan Modifications, Improving Foreclosure Pre- and Management Support, to hold hearings to examine vention and Enhancing Enforcement,’’ 10 a.m., 2128 the report of the Commission on Army Acquisition and Rayburn. Program Management in Expeditionary Operations enti- Committee on House Administration, Subcommittee on tled ‘‘Urgent Reform Required: Army Expeditionary Con- Elections, oversight hearing on the Use of Robocalls in tracting’’, 2:30 p.m., SR–222. Federal Campaigns, 11 a.m., 1310 Longworth. Committee on Foreign Relations: Subcommittee on Inter- Committee on the Judiciary, Subcommittee on Commer- national Development and Foreign Assistance, Economic cial and Administrative Law, hearing on H.R. 3396, Sales Affairs and International Environmental Protection, to Tax Fairness and Simplification Act, 10 a.m., 2237 Ray- hold hearings to examine the United States foreign assist- burn. ance to Pakistan, 2:30 p.m., SD–419. Subcommittee on Crime, Terrorism, and Homeland Se- Committee on the Judiciary: business meeting to consider curity, hearing on Promoting Inmate Rehabilitation and S. 344, to permit the televising of Supreme Court pro- Successful Release Planning, 11 a.m., 2141 Rayburn. ceedings, S. 1638, to adjust the salaries of Federal justices Committee on Small Business, hearing to review legisla- and judges, S. 1829, to reauthorize programs under the tion to improve the Regulatory Flexibility Act, 10 a.m., Missing Children’s Assistance Act, S. 431, to require con- 2360 Rayburn. victed sex offenders to register online identifiers, S. 352, Permanent Select Committee on Intelligence, Subcommittee to provide for media coverage of Federal court pro- on Intelligence Community Management, hearing on ceedings, S. 2344, to create a competitive grant program DNI’s 500-Day Plan, 9:30 a.m., 2212 Rayburn. to provide for age-appropriate Internet education for chil- Subcommittee on Terrorism, Human Intelligence, dren, S. 2402, to provide for the substitution of the Analysis and Counterintelligence, executive, briefing on United States in certain civil actions, and the nomina- Colombia, 2 p.m., H–405 Capitol.

VerDate Aug 31 2005 05:51 Dec 06, 2007 Jkt 069060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D05DE7.REC D05DEPT1 cnoel on PRODPC60 with DIGEST_CN D1580 CONGRESSIONAL RECORD — DAILY DIGEST December 5, 2007

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Thursday, December 6 10 a.m., Thursday, December 6

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: To be announced. ation of the motion to proceed to consideration of H.R. 3996, Temporary Tax Relief Act, and after a period of debate, vote on the motion to invoke cloture thereon.

Extensions of Remarks, as inserted in this issue

HOUSE Hastings, Alcee L., Fla., E2503 Roybal-Allard, Lucille, Calif., E2498 Hoyer, Steny H., Md., E2496 Ruppersberger, C.A. Dutch, Md., E2504 Berkley, Shelley, Nev., E2490, E2493 Kildee, Dale E., Mich., E2503, E2506 Ryan, Paul, Wisc., E2505 Berry, Marion, Ark., E2505 Lipinski, Daniel, Ill., E2491, E2494, E2495, E2497 Sessions, Pete, Tex., E2490, E2493 Burgess, Michael C., Tex., E2489, E2491, E2492, E2494, Maloney, Carolyn B., N.Y., E2496 Sires, Albio, N.J., E2501 E2495, E2497, E2498 Miller, Jeff, Fla., E2500 Space, Zachary T., Ohio, E2490, E2491, E2493, E2494, Castor, Kathy, Fla., E2504 Norton, Eleanor Holmes, D.C., E2500 E2495, E2497, E2498, E2499 Conyers, John, Jr., Mich., E2500, E2503 Nunes, Devin, Calif., E2506 Thompson, Mike, Calif., E2502 Davis, Tom, Va., E2498 Ortiz, Solomon P., Tex., E2491, E2494, E2501 Tiahrt, Todd, Kans., E2500 Donnelly, Joe, Ind., E2489, E2492 Paul, Ron, Tex., E2489, E2492 Towns, Edolphus, N.Y., E2489, E2491, E2494, E2495, Ehlers, Vernon J., Mich., E2504 Poe, Ted, Tex., E2506 E2497, E2498, E2499, E2501, E2502, E2503 Emerson, Jo Ann, Mo., E2490, E2493 Price, David E., N.C., E2505 Van Hollen, Chris, Md., E2503, E2506 Garrett, Scott, N.J., E2497 Radanovich, George, Calif., E2499 Walsh, James T., N.Y., E2490, E2493, E2495 Graves, Sam, Mo., E2489, E2492, E2492, E2495, E2496 Rangel, Charles B., N.Y., E2499 Woolsey, Lynn C., Calif., E2502

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