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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, MONDAY, FEBRUARY 12, 2007 No. 26 House of Representatives The House met at 12:30 p.m. and was Lord God, Divine Architect of his- ness to human rights and dignity for called to order by the Speaker pro tem- tory, the birthday of Abraham Lincoln all Your people. Amen. pore (Mr. INSLEE). is a moment to not only hear his voice f f echoed in countless prayers of people the world over, now is the time for this DESIGNATION OF SPEAKER PRO Nation to touch his spirit, for we are THE JOURNAL TEMPORE caught up again in the lingering debate The SPEAKER pro tempore. The The SPEAKER pro tempore laid be- of war and peace. Chair has examined the Journal of the fore the House the following commu- Perhaps, Lord, the wordsmith Carl last day’s proceedings and announces nication from the Speaker: Sandburg best describes our debility to the House his approval thereof. WASHINGTON, DC, and Lincoln’s vision for us when he Pursuant to clause 1, rule I, the Jour- February 12, 2007. writes: nal stands approved. I hereby appoint the Honorable JAY INSLEE ‘‘Decreed beyond any but far imag- to act as Speaker pro tempore on this day. ining of its going asunder was Lin- f NANCY PELOSI, coln’s mystic dream of the Union of Speaker of the House of Repesentatives. States achieved. Beyond all the hate or PLEDGE OF ALLEGIANCE f corruption or mocking fantasies of de- The SPEAKER pro tempore. Will the MORNING HOUR DEBATES mocracy that might live as an after- gentleman from Texas (Mr. POE) come math of the war were assurances of forward and lead the House in the The SPEAKER pro tempore. Pursu- long-time conditions for healing, for Pledge of Allegiance. ant to the order of the House of Janu- rebuilding, for new growth. Mr. POE led the Pledge of Allegiance ary 4, 2007, the Chair will now recog- ‘‘As a result flowing from the war, as follows: nize Members from lists submitted by the United States was to take its place I pledge allegiance to the Flag of the the majority and minority leaders for among nations counted world powers United States of America, and to the Repub- morning hour debates. The Chair will . . . and as a world power, the expecta- lic for which it stands, one nation under God, alternate recognition between the par- tion was it would be a voice of the indivisible, with liberty and justice for all. ties, with each party limited to not to teachings of Washington, Jefferson, exceed 30 minutes, and each Member, Jackson, and Lincoln speaking for a re- f except the majority leader, the minor- publican government, for democracy, THE SIGN MUST STAY ity leader, or the minority whip, lim- for institutions ‘of the people, by the ited to not to exceed 5 minutes. people, for the people.’ (Mr. POE asked and was given per- f ‘‘Though there might come betrayals mission to address the House for 1 and false pretenses, the war had put minute.) RECESS some manner of seal on human rights Mr. POE. ‘‘This Is America. When Or- The SPEAKER pro tempore. Pursu- and dignity in contrast with property dering, Please Speak English.’’ This ant to clause 12(a) of rule I, the Chair rights, and even the very definition of sign is located in the window of Geno’s declares the House in recess until 2 property . . . Restaurant, tourist landmark for the p.m. today. ‘‘Out of the smoke and stench, out of famous Philly cheese steak. Accordingly (at 12 o’clock and 31 the music and violet dreams of the war, Philadelphia’s Commission on minutes p.m.), the House stood in re- Lincoln stood perhaps taller than any Human Relations has been ordering its cess until 2 p.m. other of the many great heroes. None owner, Joe Vento, to take down the f threw a longer shadow than he. And to sign, however. They have even suggested that he hire Spanish-speaking b 1400 him the great hero was the People. He could not say too often that he was employees to help communicate. But AFTER RECESS merely their instrument.’’ Joe is not giving in to the bureaucrats. The recess having expired, the House Lord God, in our own day, take us be- Vento says that Geno’s will serve and was called to order by the Speaker pro yond the hate and mocking fantasies. his staff will help out customers who tempore (Mr. SIRES) at 2 p.m. Hammer out renewed commitments for don’t speak English, but the sign is f healing, for rebuilding and for new staying. growth. Make today’s government an Joe Vento is of Italian descent. His PRAYER instrument of Your people, that we grandparents came from Italy. They The Chaplain, the Reverend Daniel P. may take our rightful place among the were proud of their American citizen- Coughlin, offered the following prayer: nations as a world power, which is wit- ship and quickly learned English. But

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 05:07 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.000 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1426 CONGRESSIONAL RECORD — HOUSE February 12, 2007 now the Commission on Human Rela- would result in pervasive instability Democrats should not do that as they tions is taking legal action against and embolden radical Islamist terror- hold the Speaker’s gavel. Vento, charging him with discrimina- ists and rogue regimes to expand new The right to amend and the right to tion simply for asking his customers to areas in the region. debate that leads to a better bill is a speak English. Mr. Speaker, the stakes are real and right of this democracy, and this body No business owner should be forced they are high. And the American peo- has been reduced by the taking of that to hire a whole gauntlet of foreign- ple deserve leadership, not partisan right. speaking translators because of indi- politics. I will continue to support our f viduals who feel they won’t learn our troops by continuing to support their ANNOUNCEMENT BY THE SPEAKER language. Individuals who come here mission. PRO TEMPORE need to understand that this country is f not Mexico, France, Korea or the Mid- The SPEAKER pro tempore. Pursu- WE MUST WIN THE BATTLE OF dle East. This is America, and English ant to clause 8 of rule XX, the Chair IDEAS is spoken here. will postpone further proceedings And that’s just the way it is. (Mrs. BLACKBURN asked and was today on motions to suspend the rules f given permission to address the House on which a recorded vote or the yeas for 1 minute and to revise and extend and nays are ordered, or on which the PREMATURE WITHDRAWAL FROM her remarks.) vote is objected to under clause 6 of IRAQ WILL ENDANGER U.S. Mrs. BLACKBURN. Mr. Speaker, as a rule XX. (Mr. WILSON of South Carolina member of the Victory in Iraq Caucus, Record votes on postponed questions asked and was given permission to ad- I continue to stand and support our will be taken after 6:30 p.m. today. dress the House for 1 minute and to re- troops. I feel it is imperative that we f vise and extend his remarks.) continue to strongly speak out in favor RECOGNIZING AND HONORING THE Mr. WILSON of South Carolina. Mr. of the efforts that our troops are car- EMPLOYEES OF THE DEPART- Speaker, sadly, many people try to sep- rying out against terrorism, not only MENT OF HOMELAND SECURITY arate the current Iraq conflict from the in Iraq, but in 30 different countries attacks of September 11 and the Global around the globe. Mr. CARNEY. Mr. Speaker, I move to War on Terrorism; it is impossible to The terrorists tell us, just as my col- suspend the rules and agree to the reso- do so. The attacks of September 11 league said, that Iraq is the central lution (H. Res. 134) recognizing and were not isolated, random events. Al battle in the war on terror. War is not honoring the employees of the Depart- Qaeda has openly stated Iraq is the quick, and it is not painless. It is up to ment of Homeland Security for their central front in the war on terror. And us here in the people’s House to con- efforts and contributions to protect our enemy is highly intelligent, well fi- tinue to support the troops and to be and secure the Nation. nanced and committed to the destruc- behind their efforts, funding them 100 The Clerk read as follows: tion of freedoms. percent of the way. H. RES. 134 The concept that America’s retreat In order to win, Mr. Speaker, we Whereas the United States must remain in Iraq will bring an end to sectarian must not only succeed on the battle- vigilant against all threats to the homeland, violence and terrorist activity in the field; we must win in the battle of including acts of terrorism, natural disas- region ignores history. Premature re- ideas. We must win the civic and eco- ters, and other emergencies; treat will embolden the enemy and nomic battles with the Iraqi people. Whereas the Department of Homeland Se- curity marked its 4th anniversary on Janu- make us more vulnerable to attacks. They are as critical as any firefight ary 24, 2007; Withdrawals from Beirut and that they face every day. Whereas the more than 208,000 employees Mogadishu led to the 1993 World Trade The idea of freedom and prosperity is of the Department work tirelessly to prepare Center attack, the 1998 embassy bomb- a powerful idea. Our coalition is the Nation to counter acts of terrorism, nat- ings across Africa, the 2000 bombing of breathing life into that idea with the ural disasters, and other emergencies; the USS Cole, and then September 11. Iraqi people. We need to stand firm, Whereas the Department’s employees work Osama bin Laden has characterized the fund our troops, support our men and diligently to deter, detect, and prevent acts struggle in Iraq as the third world war. women in harm’s way. of terrorism; Whereas the Department’s employees We ignore this claim at our peril, f stand willing, ready, and able to respond if which threatens American families. PROCESS IN THE HOUSE OF catastrophe strikes; In conclusion, God bless our troops, REPRESENTATIVES Whereas the Department’s employees sup- and we will never forget September 11. port the Department’s mission to protect f (Mr. ISSA asked and was given per- continuously the Nation’s borders, airports, mission to address the House for 1 seaports, rail lines, and other transit sys- SUPPORTING THE IRAQ MISSION minute and to revise and extend his re- tems; (Mr. BARRETT of South Carolina marks.) Whereas the Department’s employees, to- asked and was given permission to ad- Mr. ISSA. Mr. Speaker, it is not good gether with employees of other agencies and to talk process in the House of Rep- departments of the Federal Government, dress the House for 1 minute.) work with State, local, and tribal partners Mr. BARRETT of South Carolina. Mr. resentatives. I keep hearing that. But to enhance disaster preparedness at all levels Speaker, this week we will debate a when the process that you are talking of government; non-binding resolution that will do about is the execution of our right in a Whereas the Department’s employees are nothing more than undermine the mis- democratic society to speak and make called upon to sacrifice time with their fami- sion in Iraq, weaken the morale of our a difference, then it is necessary to lies to work long hours to fulfill the Depart- troops, and embolden our enemy. speak on process. ment’s vital mission; and No doubt mistakes have been made in Mr. Speaker, this week we will spend Whereas the Nation is indebted to the De- the battle with Iraq. With every war 4 days on the Iraq resolution. I say partment’s employees for their efforts and contributions: Now, therefore, be it mistakes are made. The question be- ‘‘the’’ Iraq resolution because it has al- Resolved, That the House of Representa- fore us is, Are we going to learn from ready been crafted by Speaker PELOSI; tives recognizes and honors the employees of the mistakes and correct them and it already is a final product. The only the Department of Homeland Security for move forward with a plan of success, or thing left to do is in fact to vote on it their exceptional efforts and contributions are we going to retreat in defeat? because we will not be allowed to to protect and secure the Nation. Mr. Speaker, the terrorists them- amend it; the rule will be a closed rule. The SPEAKER pro tempore. Pursu- selves believe Iraq is a central front in Democracy and speech and debate will ant to the rule, the gentleman from the war on terror. Al Zawahiri, al not in fact change anything. The final Pennsylvania (Mr. CARNEY) and the Qaeda’s deputy leader, has repeatedly vote will be exactly at the end of the gentleman from Florida (Mr. BILI- said Iraq and Afghanistan are the ‘‘two week where it was at the beginning. RAKIS) each will control 20 minutes. most crucial fields’’ in the Islamists’ That is wrong. Republicans never did The Chair recognizes the gentleman war. A policy of retreat and defeat that when we held the Speaker’s gavel. from Pennsylvania.

VerDate Aug 31 2005 03:06 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.003 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1427 GENERAL LEAVE DHS employees expressed frustration the contributions the employees of the Mr. CARNEY. Mr. Speaker, I ask over a number of issues, most notably Department of Homeland Security unanimous consent that all Members the management of the agency. These make to our country’s safety and secu- may have 5 legislative days within rank-and-file workers, on the front rity. which to revise and extend their re- lines day after day, feel they are not I am pleased to be an original cospon- marks on this legislation and insert ex- being managed in the most effective sor of this resolution with my Home- traneous material on the bill into the manner possible. This disconnect be- land Security colleague, CHRISTOPHER RECORD. tween management and the line offi- CARNEY, who chairs the Management, The SPEAKER pro tempore. Is there cers of the department is very dis- Investigations and Oversight Sub- objection to the request of the gen- turbing to a number of us here in Con- committee. I also want to acknowledge tleman from Pennsylvania? gress. We must work to resolve these other original cosponsors, including There was no objection. issues. my subcommittee ranking member, Mr. CARNEY. Mr. Speaker, I yield The last thing we need is for the mo- MIKE ROGERS, full committee chairman myself such time as I may consume. rale problems of the Department of BENNIE THOMPSON, and full committee Just over 5 years ago, September 11 Homeland Security to hamper the du- ranking member PETER KING, a man redefined our national security needs. ties of those front-line employees. As a who has worked on Homeland Security With the loss of thousands of innocent former first responder myself, I know issues, and I greatly admire his work. lives at the World Trade Center, the how important it is to have trust and Mr. Speaker, I am pleased to help Pentagon and in my home State of faith in your management. While there bring this resolution to the floor today Pennsylvania, national leaders realized was certainly shocking failures at the because I think that DHS employees that the Federal Government needed management levels of the Federal are too often overlooked and under- the ability to better protect the United Emergency Management Agency in the appreciated, and unfairly criticized in States from any and all threats, for- Hurricane Katrina response, there is a most cases despite their most dedi- eign or domestic, natural or man-made. good example; that is, the United cated and earnest efforts to do their And while emergency management States Coast Guard which is part of the job, which they do very well. Mr. Speaker, I believe that they have agencies displayed resilience in the DHS. It covered itself in glory by per- been tasked with an almost impossible aftermath of 9/11, it was clear we need- forming one of its most vital and suc- job, I think you will agree, and am con- ed an organization that could coordi- cessful missions since its creation. fident that DHS employees are doing nate their efforts. We needed a single Over 20,000 gulf coast residents were the very best they can under some ex- agency with the ability to prevent an- rescued by the devoted men and women traordinary, difficult circumstances. other 9/11 and to respond, if need be, to of the Coast Guard. I was, however, particularly dis- natural or man-made disasters. Tens of thousands of other line offi- appointed to learn, as the recent sur- To answer this call, Congress passed cers under the purview of the DHS have vey shows, that the morale of the de- the Homeland Security Act of 2002 cre- been doing a thankless job for the last partment is low, and that DHS employ- ating the Department of Homeland Se- 4 years as well. Our Nation must re- ees have less job satisfaction than any curity. In the largest reorganization of main vigilant against all threats to the other group of Federal employees. That the Federal Government since the for- homeland, against acts of terrorism is not good to see. I have heard that mation of the Department of Defense and natural disasters. the department’s employees are con- six decades ago, the Department of Department of Homeland Security cerned that they do not have the re- Homeland Security was tasked with employees stand willing, ready and sources to do their jobs effectively, the Herculean responsibility of coordi- able to respond should catastrophe that they are not promoted based on nating with State, local and tribal en- strike. They work long hours to deter, merit, that creativity and innovation tities to prevent future terrorist at- detect, and prevent acts of terrorism are not properly rewarded, and, per- tacks, to secure our borders and to pre- against the homeland. They can be haps most troubling, most of them do pare for and respond to events of na- sure that during this Congress and be- not believe that they have access to tional significance. yond, my colleagues and I will main- adequate information about what is Comprised of 22 different Federal tain oversight of the management of happening in their department. agencies and employing over 208,000 of Homeland Security, but I cannot stress This needs to change, as far as I am our finest Federal employees, DHS has enough how we truly appreciate the concerned. I am heartened that depart- become one of the largest Federal de- work of the DHS employees who are ment secretary, Michael Jackson, has partments. Twenty-four hours a day, 7 working tirelessly to protect the safety told DHS employees, ‘‘Starting at the days a week, 365 days a year, employ- of all Americans. top, the leadership team across DHS is ees from the Department of Homeland On January 24, the Department of committed to address the underlying Security are working to prevent and Homeland Security marked its fourth reason for DHS employee dissatisfac- prepare for any threats to our country. anniversary. In light of this anniver- tion and suggestions for improve- They are patrolling our skies, securing sary, it is fitting and appropriate for ment.’’ our borders, sailing our coastal waters the House of Representatives to take a I also commend DHS Secretary, Mi- and screening people and cargo enter- moment to honor the employees. chael Chertoff, in comments before our ing our country. They are also working I would also like to take a moment committee last week for acknowl- with State and local governments and to note that Mr. ROGERS of Alabama, edging the problem and promising to first responders in all 50 States and our the ranking member on the Sub- fix it. I believe it is imperative to the territories to ensure we can respond to committee on Management, Investiga- security of our homeland that the dedi- any future large-scale events, either tions, and Oversight, wanted to be here cated men and women who carry out man-made or natural. as well. He is currently out of town on the directives and policies that Con- a codel, but he stands with me in hon- gress puts forward feel good about b 1415 oring the employees of the Department themselves and the jobs that they are These dedicated Homeland Security of Homeland Security. doing so they can best achieve the very employees are working tirelessly to Mr. Speaker, I encourage my col- noble goals toward which they are improve the safety of all Americans leagues to unanimously adopt House working. and are doing a job that we must com- Resolution 134 in honoring the employ- It should be proud of the work the mend. ees of the Department of Homeland Se- more than 200,000 employees at DHS Recently, the Office of Personnel curity. work tirelessly to help prevent and re- Management released the results of the Mr. Speaker, I reserve the balance of spond to acts of terrorism, natural dis- 2006 Federal Human Capital Survey, a my time. asters and other emergencies. I think review of how Federal employees feel Mr. BILIRAKIS. Mr. Speaker, I yield Secretary Chertoff’s directive to the about their work. Many Americans myself such time as I may consume. Homeland Security Advisory Council may not have heard about this survey I rise today in support of House Reso- to establish a culture task force to re- or its findings, but they are significant. lution 134, which honors and recognizes spond on ways to empower, energize,

VerDate Aug 31 2005 03:06 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.005 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1428 CONGRESSIONAL RECORD — HOUSE February 12, 2007 and create a more mission-focused cul- paring, equipping and training our first is ranked dead last in employee atti- ture within DHS and among its Fed- responders, protecting our skies, and tude and morale of all 36 Federal de- eral, State and local partners was a securing our borders and ports. partments surveyed. good first step. In my home State of Washington, we To me it reflects the poor and often I would say, however, that the an- have almost 2,000 people working for ambiguous leadership and policies at swers lie not in creating more bureauc- the Department of Homeland Security, the top of the department, and I hope racy but in streamlining and better de- including 178 members of the Coast Congress can work together to correct fining the mission of DHS headquarters Guard, 337 Immigration employees and this and correct it soon before someone and allowing its component organiza- Custom Enforcement officers, and 1,282 does harm to our Nation. tions to use their particular talents Transportation Security Administra- Mr. Speaker, let me provide a couple and expertise to accomplish their indi- tion employees. Many of these men and of absurd examples of maybe the rea- vidual mission in as efficient, creative, women put their lives on the line every son why those who are working at the and innovative manner as possible. day to ensure that another 9/11 attack Department of Homeland Security are I also believe we must acknowledge does not occur. so frustrated. Three years ago this Sat- the role that Congress has played and In addition to protecting us from an- urday, a couple of our border agents will continue to play in the ultimate other terrorist attack, the Department witnessed a drug smuggler illegally en- success or failure of the department in of Homeland Security employees tering our country, bringing a million accomplishing its mission of defending thwart human smuggling networks and dollars worth of drugs. America and saving lives. We in this disrupt the international drug trade. They order the perpetrator to stop, body must be sensitive to the demands An example of these efforts is in 2005 a he doesn’t, the agents pursue the sus- and mandates that we place on DHS discovery of a tunnel between the pect, a scuffle ensues and shots are employees in the conduct of the war. United States and Canada that would fired. Mr. Speaker, a different kind of I think we can all agree that an over- have been used to smuggle drugs into environment exists on our Nation’s whelming majority of DHS employees the United States. border in the fight against drug smug- are hardworking, as I said. They are Mr. Speaker, it is easy to come to glers, human traffickers, and terror- dedicated and hardworking individuals this floor and come together in a bipar- ists. These two border agents, Ramos who are personally committed to keep- tisan way and pass a resolution to say and Compean entered the Border Pa- ing us, our families, our country secure that we support the men and women trol and were trained with the sole from terrorist attacks and other disas- who work in the Department of Home- duty of protecting Americans, you and ters that could befall this great Nation. land Security. It is easy to talk about me, and the sovereignty of this coun- We must remember, however, that morale. It is easy to criticize the men try. decentralized congressional jurisdic- and women who protect our children, Well, Mr. Speaker, these agents were tion over Homeland Security issues protect our neighbors and protect our not commended for their actions in and the desire to provide proper over- communities and are out there every preventing what turned out to be 700 sight often makes it difficult for them day. We need to show by action. pounds of marijuana from reaching the to do their job. I hope that, especially We need to support them in our legis- streets of America. No, they were pros- as members of the Homeland Security lation that we pass that provides them ecuted for it, convicted, and now sit in Committee, we do not unintentionally with the tools and the resources they Federal prison for a decade for doing make their jobs more difficult in our need to do their job. I was in law en- what they felt like was the right thing desire to do our jobs. forcement 33 years in the Seattle area. to do. I want to thank full committee I know that when I made a life-and- Our Federal Government made a deal chairman BENNIE THOMPSON, ranking death decision, I had the support of my with the drug smuggler, a back-room member PETER KING, subcommittee administration, I had the support of deal and let him loose to go after the chairman CHRIS CARNEY, and sub- my leadership. border agents. No wonder there is low committee ranking member MIKE ROG- Our men and women who work for morale. You see, it is a violation of ERS for bringing this resolution to the the Department of Homeland Security Border Patrol regulations to go after floor today. need a strong leadership. And our someone who is fleeing. The Border Pa- I urge all of my colleagues to support strong leadership can be supported by trol pursuit policy is unrealistic by this resolution and recognize the con- people right here in this body, by sup- prohibiting the pursuit of someone. tributions DHS employees make to porting them again with their re- This is ridiculous. protect and secure our Nation. They sources and the tools that they need. Also border agents cannot fire their should know that we understand the Mr. Speaker, the employees of the weapon unless they are fired upon first. daily challenges they face and appre- Department of Homeland Security This is absurd. Now, some old Texas ciate the dedication and hard work, the have a tough job, a very tough job. Ranger once said, No lawman should professionalism which they embody, They not only need our strong words of have to take a bullet before he can use and they conduct themselves in a fine support here today, and the support his weapon. When border agents are ap- manner. that we bring with our vote in sup- proached by illegals carrying auto- Mr. Speaker, I reserve the balance of porting this resolution, but they need matic weapons, they should not have my time. our respect, and our admiration each to run away and retreat or be fired at Mr. CARNEY. Mr. Speaker, I reserve and every day as they are out there before they stop the intrusion. the balance of my time. protecting our country, our children, Mr. BILIRAKIS. Mr. Speaker, I yield and the future of our grandchildren. b 1430 such time as he may consume to the Mr. CARNEY. Mr. Speaker, I con- I guess this rule was conjured up by gentleman from Washington (Mr. tinue to reserve the balance of my some bureaucrat up here in Wash- REICHERT). time. ington, DC that has never been to the Mr. REICHERT. Mr. Speaker, as a Mr. BILIRAKIS. Mr. Speaker, I yield southern border, maybe conjured up for member of the Committee on Home- such 3 minutes to the gentleman from some political reasons. land Security, I rise in strong support Texas (Mr. POE). Mr. Speaker, when we ask the border of H. Res. 134. This resolution recog- Mr. POE. Mr. Speaker, I too support agents to protect the lawless and vio- nizes and honors the employees of the the efforts of the men and women who lent southern border, we need to give Department of Homeland Security for work in Homeland Security. As a them clear rules of engagement to pre- their exceptional efforts and contribu- former judge in Texas for over 20 years, vent the invasion into our Nation. We tions to protect and secure the Nation. I appreciate all of those in our country need to support them, and we need to Since the creation of the Department who are in law enforcement. But I was let them know that Congress will sup- of Homeland Security 4 years ago, the disappointed and concerned to hear port their actions. department has made significant steps that this department who is tasked Mr. CARNEY. Mr. Speaker, I yield 5 in ensuring the safety of the American with protecting our Nation’s borders, minutes to the distinguished gen- people, specifically with regard to pre- ports, and other critical infrastructure tleman from Texas (Mr. AL GREEN).

VerDate Aug 31 2005 03:06 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.007 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1429 Mr. AL GREEN of Texas. Thank you, We have criticized the Department’s man- Ms. JACKSON-LEE of Texas. Mr. Speaker, Congressman CARNEY, for bringing this agement and decisions in the past, but no one I rise today in support of H. Res. 134, to rec- important piece of legislation before should mistake this for criticism of the men ognize the employees of the Department of the House. and women on the front lines, day after day. Homeland Security for their efforts and con- Today, friends, we will honor and we Please join me in honoring these everyday tributions to protect and secure the Nation. will respect the fourth anniversary of heroes. The Department of Homeland Security is the Department of Homeland Security. Mr. THOMPSON of Mississippi. Mr. Speak- critical in ensuring our great nation’s prepara- In so doing, we understand that it has er, it is my pleasure to be here today to honor tion for future terrorist threats and attacks. Its been a rocky 4 years, but the impor- the employees of the Department of Home- employees step beyond the ordinary call of tance of this mission of Homeland Se- land Security. Four years ago the Department duty and tirelessly help to prepare our Nation curity has only grown. came into being with the crucial mission of to counter acts of terrorism, natural disasters, We must never forget the crucial protecting and securing our homeland. and other emergencies. mission of the Department of Home- It has been a tough 4 years, and the impor- After the events of September 11, 2001 the land Security and that it cannot be ful- tance of this mission has only grown with time. American people became painfully aware of filled without the people who make up If you watch the news, you hear all the acro- the difference between feeling secure and ac- the Department of Homeland Security. nyms for the different parts of the Depart- tually being secure. The president responded While there have been some difficult ment—DHS, CBP, FEMA, ICE, FPS, TSA, times, it is time for us to acknowledge to the need for development and implementa- and the list goes on. tion of a comprehensive national strategy to that there are some good people work- I fear that this alphabet soup may hide the secure the U.S. from terrorist threats or ating in the Department of Homeland Se- faces of the people who make up the many tacks and thus on November 25, 2002 with curity. These people are heroes who pieces of the Department. But the vital mission the largest government reorganization in 50 work day and night keeping our coun- of these different components cannot be ful- years, DHS was established. try safe. They sacrifice their time. filled without the people who make them up. More than 208,000 employees of the De- They are often away from their fami- For example, the U.S. Secret Service does not partment work with state, local and tribal part- lies, and they do a thankless job too protect the President—Secret Service Agents ners to ensure disaster preparedness at all often. So we are here today to say protect the President. United States Customs levels of government while sacrificing their in- thank you, not only to those who are and Border Protection does not protect our valuable time with their family and working in the lofty offices and who hold high ports of entry, Customs and Border Protection long hours to stand willing, able, and ready to positions, but we are also here today to officers do that. say thank you to those who sweep the The Border Patrol does not guard our bor- respond if catastrophe strikes. floors, those who file the paperwork, der, Border Patrol Agents guard the border. The Homeland Security Department’s em- those who answer the phones, those The Coast Guard does not watch our shores ployees not only stand vigilant and steadfast who are making a difference in the and rescue our citizens, Coast Guard men against terrorist attacks but fulfill the mission lives of Americans by making sure that and women do. I could go on, but the point is of the department to protect continuously our while we are on their watch we are pro- the same: It is not the ‘‘Department’’ that gives Nation’s borders, airport, seaports, rail lines, tected. up family time to help secure our Nation. It is and other transit systems. I want you to know that while the not the ‘‘Department’’ that works nights, week- While it is fitting and appropriate to recog- Department came in dead last with ref- ends, and holidays. It is not the ‘‘Department’’ nize the contributions of DHS employees, Mr. erence to job satisfaction for Federal that puts its life on the line. It is the people of Speaker, it is also necessary to recognize that employees, according to a recent OPM the Department who make these sacrifices. this Administration continues to deny labor survey, and we know that this is unac- Let’s not forget that these everyday heroes rights to some of the most vital workers in the ceptable, they were dead last; but I be- I just mentioned can’t do their jobs without the Transportation Security Administration—the lieve that they can improve. I believe support personnel in their agencies and Direc- TSA Screeners. Hiding behind the argument that they will do better. And I want to torates—the contracting officers, administrative and the rhetoric that it needs a flexible secu- share my optimism because the De- assistants, technical support teams, financial rity screening force, the Bush Administration partment of Homeland Security is a managers, and many more. While these folks continues to equate basic collective bargaining Department that every one of us is de- don’t always get the best support and guid- rights with a lack of patriotism. That is, the Ad- pending on who lives in the homeland. ance from their management, that in no way ministration is operating under the mistaken So the leadership in this Department diminishes their efforts and sacrifices. It belief that allowing employees to collectively must do better. pained me to see the recent Office of Per- bargain for rights that others at DHS have will Congress today, I believe, stands with sonnel Management survey, in which the De- negatively impact homeland security. This is the rank and file employees of this De- partment ranks last in terms of job satisfaction. simply untrue. partment, and we want everyone to do For the sake of its employees—and for the se- If the Administration’s argument were true, better, and we are here to support all curity of our Nation—the Department’s man- then this means that the law enforcement offi- of those many employees who are agement must do better. I have been critical of cers at the Border Patrol, Customs and Border working hard for us. Protection, and the Federal Protective Serv- So I ask today that my colleagues the Department’s management and some of ices are all negatively impacting homeland se- join me in supporting and in embracing its decisions in the past, and I’m sure I will be curity—since these brave men and women this resolution for the Department of in the future. But no one should mistake my have collective bargaining rights. And, despite Homeland Security. They are making a occasional criticism of the way this Depart- having these rights, these folks are part of a difference in our lives. ment has been run with criticism for the fine flexible and highly sought after human re- The Department recently saw its fourth anni- men and women who are on the front lines, source, just like the TSA Screeners. So, as we versary. It has been a rocky 4 years, but the day after day. I pledge to the employees of honor all DHS employees, Mr. Speaker, let us importance of its mission has only grown. the Department that the Committee on Home- We must never forget that the crucial mis- land Security will not ignore this problem. We not forget that we must do more to make DHS sion of the Department cannot be fulfilled with- will do our part to see that things improve. We a fair and equitable place to work. out the people who make it up. . will work with the management of the Depart- I thank Congressmen CARNEY and BILIRAKIS These heroes work day and night keeping ment when we can—but we will also give for managing this important bipartisan legisla- our country safe, sacrificing time with their them a gentle push in the right direction when tion and I strongly urge my colleagues to families, doing often thankless jobs. We are we need to. As Chairman of the Committee on stand together to commend, applaud and here today to thank them. Homeland Security, it is an honor for me to commemorate the employees of the DHS. The Department came in last in the recent stand here today in support of this resolution. Their important duties extend beyond the ordi- OPM survey of job satisfaction of Federal em- This Nation must never forget the lessons of nary. They protect our homeland and our peo- ployees. This is unacceptable. The Depart- 9/11 and Katrina. And it must never take for ple. ment’s leadership must do better; it must listen granted the men and women who go out DHS employees have sacrificed and worked to the people on the front lines. every day with one purpose: to do their best, tirelessly to safely protect us not only from ter- Congress stands with these rank-and-file in ways small and large, to keep us all safe. rorist attacks but our borders as well as our employees. We will do our part to see that the I urge all the Members of the House to join airports, seaports, rail lines, and other transit Department does better by them. me in honoring these everyday heroes. systems. For this, they deserve our gratitude.

VerDate Aug 31 2005 05:07 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.009 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1430 CONGRESSIONAL RECORD — HOUSE February 12, 2007 Mr. CARNEY. Mr. Speaker, I would the judge is assigned under this section, in tor of the Federal Judicial Center, shall keep inquire as to whether the gentleman accordance with otherwise applicable rules the committees referred to in paragraph (1) from Florida has any more speakers. of the court. informed, on a periodic basis while the pilot (b) DESIGNATION.—The Director of the Ad- Mr. BILIRAKIS. Mr. Speaker, I do program is in effect, with respect to the mat- ministrative Office of the United States ters referred to in subparagraphs (A) through not. Courts shall, not later than 6 months after (E) of paragraph (1). Mr. CARNEY. Mr. Speaker, I urge my the date of the enactment of this Act, des- (f) AUTHORIZATION FOR TRAINING AND colleagues to vote ‘‘aye’’ on House Res- ignate not less than 5 United States district CLERKSHIPS.—In addition to any other funds olution 134. courts, in at least 3 different judicial cir- made available to carry out this section, I yield back the balance of my time. cuits, in which the program established there is authorized to be appropriated not Mr. BILIRAKIS. Mr. Speaker, I yield under subsection (a) will be carried out. The less than $5,000,000 in each fiscal year for— Director shall make such designation from back the balance of my time. (1) educational and professional develop- among the 15 district courts in which the ment of those district judges designated The SPEAKER pro tempore. The largest number of patent and plant variety under subsection (a)(1)(A) in matters relat- question is on the motion offered by protection cases were filed in the most re- ing to patents and plant variety protection; the gentleman from Pennsylvania (Mr. cent calendar year that has ended, except and CARNEY) that the House suspend the that the Director may only designate a court (2) compensation of law clerks with exper- rules and agree to the resolution, H. in which— tise in technical matters arising in patent Res. 134. (1) at least 10 district judges are authorized and plant variety protection cases, to be ap- to be appointed by the President, whether pointed by the courts designated under sub- The question was taken. under section 133(a) of title 28, United States The SPEAKER pro tempore. In the section (b) to assist those courts in such Code, or on a temporary basis under other cases. opinion of the Chair, two-thirds being provisions of law; and Amounts made available pursuant to this in the affirmative, the ayes have it. (2) at least 3 judges of the court have made subsection shall remain available until ex- Mr. CARNEY. Mr. Speaker, on that I the request under subsection (a)(1)(A). pended. demand the yeas and nays. (c) DURATION.—The program established The SPEAKER pro tempore. Pursu- The yeas and nays were ordered. under subsection (a) shall terminate 10 years after the end of the 6-month period described ant to the rule, the gentleman from The SPEAKER pro tempore. Pursu- in subsection (b). California (Mr. BERMAN) and the gen- ant to clause 8 of rule XX and the (d) APPLICABILITY.—The program estab- tleman from Texas (Mr. SMITH) each Chair’s prior announcement, further lished under subsection (a) shall apply in a will control 20 minutes. proceedings on this question will be district court designated under subsection The Chair recognizes the gentleman postponed. (b) only to cases commenced on or after the from California. date of such designation. Mr. BERMAN. Mr. Speaker, I yield f (e) REPORTING TO CONGRESS.— (1) IN GENERAL.—At the times specified in myself such time as I may consume. ESTABLISHING A PILOT PROGRAM paragraph (2), the Director of the Adminis- (Mr. BERMAN asked and was given IN CERTAIN DISTRICT COURTS trative Office of the United States Courts, in permission to revise and extend his re- TO ENCOURAGE ENHANCEMENT consultation with the chief judge of each of marks.) OF EXPERTISE IN PATENT the district courts designated under sub- Mr. BERMAN. Mr. Speaker, I rise in CASES AMONG DISTRICT JUDGES section (b) and the Director of the Federal support of H.R. 34 and ask my col- Judicial Center, shall submit to the Com- leagues to join me in voting to pass Mr. BERMAN. Mr. Speaker, I move mittee on the Judiciary of the House of Rep- to suspend the rules and pass the bill this legislation. Last Congress, an resentatives and the Committee on the Judi- identical bill passed unanimously (H.R. 34) to establish a pilot program in ciary of the Senate a report on the pilot pro- certain United States district courts to gram established under subsection (a). The through the Judiciary Committee and encourage enhancement of expertise in report shall include— then passed by voice vote on suspen- patent cases among district judges. (A) an analysis of the extent to which the sion on the House floor. The Clerk read as follows: program has succeeded in developing exper- Patents are the cornerstone of our tise in patent and plant variety protection economy and provide incentives for in- H.R. 74 cases among the district judges of the dis- novation. Therefore, it is all the more Be it enacted by the Senate and House of Rep- trict courts so designated; important to continually assess the ef- resentatives of the United States of America in (B) an analysis of the extent to which the fect patent litigation has on the preser- Congress assembled, program has improved the efficiency of the vation of patent quality and intellec- SECTION 1. PILOT PROGRAM IN CERTAIN DIS- courts involved by reason of such expertise; TRICT COURTS. (C) with respect to patent cases handled by tual property rights. (a) ESTABLISHMENT.— the judges designated pursuant to subsection H.R. 34 authorizes the Administra- (1) IN GENERAL.—There is established a pro- (a)(1)(A) and judges not so designated, a com- tive Office of the United States Courts gram, in each of the United States district parison between the 2 groups of judges with to establish pilot programs in the courts designated under subsection (b), under respect to— United States district courts where the which— (i) the rate of reversal by the Court of Ap- most patent cases are filed. At min- (A) those district judges of that district peals for the Federal Circuit, of such cases imum, five courts, spread over at least court who request to hear cases under which on the issues of claim construction and sub- three circuits, will take part. To qual- one or more issues arising under any Act of stantive patent law; and Congress relating to patents or plant variety (ii) the period of time elapsed from the ify, a court must have at least 10 protection must be decided, are designated date on which a case is filed to the date on judges, and at least three judges must by the chief judge of the court to hear those which trial begins or summary judgment is request to take part in that program in cases; entered; each of the districts. (B) cases described in subparagraph (A) are (D) a discussion of any evidence indicating The chief judge randomly assigns the randomly assigned to the judges of the dis- that litigants select certain of the judicial patent cases. Should that judge, who is trict court, regardless of whether the judges districts designated under subsection (b) in assigned the case, decline that assign- are designated under subparagraph (A); an attempt to ensure a given outcome; and ment, one of the several judges who has (C) a judge not designated under subpara- (E) an analysis of whether the pilot pro- opted to take part in the pilot program graph (A) to whom a case is assigned under gram should be extended to other district subparagraph (B) may decline to accept the courts, or should be made permanent and receives the case. Further, H.R. 34 re- case; and apply to all district courts. quires the Director of the Administra- (D) a case declined under subparagraph (C) (2) TIMETABLE FOR REPORTS.—The times re- tive Office of the United States Courts is randomly reassigned to one of those judges ferred to in paragraph (1) are— to report to Congress on the pilot proof the court designated under subparagraph (A) not later than the date that is 5 years gram’s success in developing judicial (A). and 3 months after the end of the 6-month expertise in patent law and authorizes (2) SENIOR JUDGES.—Senior judges of a dis- period described in subsection (b); and funds to increase both judges’ famili- trict court may be designated under para- (B) not later than 5 years after the date de- arity with patent law and provide addi- graph (1)(A) if at least 1 judge of the court in scribed in subparagraph (A). tional funding for clerks. regular active service is also so designated. (3) PERIODIC REPORTING.—The Director of (3) RIGHT TO TRANSFER CASES PRESERVED.— the Administrative Office of the United Patent law is an extremely complex This section shall not be construed to limit States Courts, in consultation with the chief body of law involving analysis of intri- the ability of a judge to request the reassign- judge of each of the district courts des- cate technologies, and Federal district ment of or otherwise transfer a case to which ignated under subsection (b) and the Direc- court judges spend an inordinate

VerDate Aug 31 2005 03:06 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.010 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1431 amount of time on patent cases, even edge of patent law through extra class- Mr. Speaker, H.R. 34 will require the though patent cases only make up 1 es and training. I want to make clear, Director of the Administrative Office percent of the docket. The combination this bill does not serve as a cushion for of the Courts to select five district of the complex science and technology, judges who shy away from patent law. courts to participate in a 10-year pilot the unique patent procedures and laws, Instead, H.R. 34 will assess the benefits program that is to begin no later than the administration of the courts and of the channeling of patent cases to- 6 months after the date of enactment. their dockets, and the sheer number of wards judges with greater interest and The bill specifies criteria the director issues raised by patent litigation expertise in patent law and determine must employ in determining eligibility makes improvement of the patent ad- whether the program improves patent of districts. It contains provisions to judication system a uniquely com- quality and expedites the adjudication preserve the random assignment of plicated, difficult, but necessary, task. process. This bill is only a pilot pro- cases and to prevent the selected dis- The impetus behind this bill, in part, gram. tricts from becoming magnets for is the high reversal rate of district Patent quality has been a long-time forum shopping litigants. court decisions. The Federal Circuit priority of mine, and I believe H.R. 34 The legislation also requires the di- Court of Appeals, which has exclusive is a first step to resolving some of the rector, in consultation with the direc- jurisdiction over patent appeals, re- deficiencies in the patent system. But tor of the Federal Judicial Center and verses over 30 percent of the district this in no way substitutes for com- the chief judge of each participating court patent claim constructions. Crit- prehensive overhaul of the patent sys- district, to provide the Committees on ics assert that the high reversal rate is tem designed to ensure that innovation the Judiciary of the House of Rep- due to judicial inexperience and mis- is not at risk in the 21st century. By resentatives and the Senate with peri- understanding of patent law. The pilot increasing judicial expertise in patent odic progress reports. program we are proposing here would law, H.R. 34 should ultimately improve Before closing, Mr. Speaker, I want address this problem by increasing ju- both patent quality and the litigation to commend the superb job that the dicial familiarity with patent law and process. bill’s sponsors did in seeking out and providing funds to pay additional As I mentioned previously, this bill incorporating the advice of numerous clerks to assist with patent cases. has the full support of the Judiciary experts as they developed this bipar- The Administrative Office of the Committee and many industries and tisan legislation. Congratulations go to trade groups, including the pharma- United States Courts had concerns Congressmen DARRELL ISSA and ADAM ceutical, technology, biotech and con- about the effect of the pilot program SCHIFF. Their success and cooperation on randomness of assignments. There- sumer electronics industries and intel- have resulted in a worthy bill that de- fore, in an amended version of the bill, lectual property owners and other in- serves the support of the Members of tellectual property organizations. we address this issue by only allowing the House. I encourage my colleagues to join me the district courts with a large enough Mr. Speaker, I urge all Members to in supporting H.R. 34. pool of judges to participate in the Mr. Speaker, I reserve the balance of support this bill. pilot program. As a result of this my time. Mr. Speaker, I reserve the balance of change, at least three judges will take Mr. SMITH of Texas. Mr. Speaker, I my time. part in the program to ensure that the yield myself such time as I may con- b 1445 selection of a certain court does not sume. Mr. BERMAN. Mr. Speaker, I yield mean the selection of a certain judge. Mr. Speaker, it is widely recognized myself 30 seconds. Therefore, as the pilot program in- that patent litigation is too expensive, I simply join with my friend the creases the expertise of judges who opt too time consuming, and too unpredict- ranking member in complimenting into the program, it also ensures that able. H.R. 34 addresses these concerns the selection of a certain district court by authorizing the establishment of a both the gentleman from California is not outcome-determinative, and thus pilot program in certain United States (Mr. ISSA) and the other gentleman it does deter forum shopping. district courts that is intended to en- from California (Mr. SCHIFF). While recent accounts demonstrate courage the enhancement of expertise If one could patent all of Mr. ISSA’s that as time passes Federal district in patent cases among district judges. ideas, the Patent Office would truly be court judges are becoming more pro- The need for such a program becomes backlogged for a very long time. ficient at the application of patent apparent when one considers that fewer Mr. Speaker, I reserve the balance of claim construction rules, and while re- than 1 percent of all cases in U.S. dis- my time. versal rates are coming down, judicial trict courts, on average, are patent Mr. SMITH of Texas. Mr. Speaker, I inexperience in patent law still fre- cases and that a district court judge yield 5 minutes to the gentleman from quently gives weak, untested and pre- typically has a patent case proceed North Carolina (Mr. COBLE), the rank- sumptively valid patents the same kind through trial only once every 7 years. ing member of the Intellectual Prop- of protection previously reserved for These cases require a disproportionate erty Subcommittee and a former chair- strong and judicially tested patents. share of attention and judicial re- man of the Intellectual Property Sub- As the importance of intellectual sources, and the rate of reversal re- committee. property continues to grow in our mains unacceptably high. Mr. COBLE. Mr. Speaker, I thank the economy, we can expect that the Fed- The premise underlying H.R. 34 is distinguished gentleman from Texas eral courts will spend even more time simple. Practice makes perfect, or at for yielding. on patent cases. Thus, we must act now least better. Judges who focus more at- And I probably won’t use 5 minutes, to improve the timeliness and quality tention on patent cases can be expected but, Mr. Speaker, H.R. 34, a bill to es- of their decisions. to be better prepared and make deci- tablish a pilot program in certain A patent program, combined with a sions that will hold up under appeal. United States district courts to en- study of its results, serves as a valu- This bill is the product of an exten- courage enhancement of expertise in able tool in assessing the ability of the sive oversight hearing which was con- patent cases among district judges, is a courts to become more knowledgeable ducted by the Subcommittee on bill that deserves the continued sup- about the specific laws and tech- Courts, the Internet and Intellectual port of the Members of the House. As nologies involved in patent cases. By Property in October 2005. The authors has been indicated both by Mr. BERMAN providing extra resources and fostering of H.R. 34, Representatives DARRELL and Mr. SMITH, drafted by Representa- judicial experience in patent law, we ISSA and ADAM SCHIFF, introduced this tives ISSA and SCHIFF, this bipartisan can lower the reversal rate of district measure on January 4, 2007. This legis- legislation was passed unanimously by court decisions and ensure that invalid lation is identical to H.R. 5418, a bill the House last year, but due to the patents do not receive protections. that passed the House unanimously press of time the other body did not Questions have arisen about why the last September. Unfortunately, the consider the measure. With House ac- legislation is necessary. All Federal clock on the 109th Congress expired be- tion early in this Congress, we will be district judges should already be striv- fore the other body could take up this able to ensure our colleagues on the ing, obviously, to enhance their knowl- bipartisan measure. other side of the Hill have maximum

VerDate Aug 31 2005 03:06 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.011 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1432 CONGRESSIONAL RECORD — HOUSE February 12, 2007 opportunity to fully and fairly consider The SPEAKER pro tempore. Is there Americans understand in the last Con- this legislation. objection to the request of the gen- gress the RIM or BlackBerry case, a Mr. Speaker, it is no secret that our tleman from California? case in which for years the litigation Nation’s patent laws have become the There was no objection. continued on and we were dealing with subject of much scrutiny and debate. Mr. BERMAN. Mr. Speaker, I have no over half a billion dollars of final dam- Indeed, Judiciary Committee Ranking further requests for time, and I reserve ages. Reversal after reversal, decision Member LAMAR SMITH and the chair- the balance of my time. and indecision. That shouldn’t happen man of the Intellectual Property Sub- Mr. SMITH of Texas. Mr. Speaker, I when we are dealing with billions of committee, Representative HOWARD yield 5 minutes to the gentleman from dollars. BERMAN, with whom I look forward to California (Mr. ISSA), a member of the This legislation seeks to spend only working this Congress, have been lead- Intellectual Property Subcommittee $5 million a year to check out the fea- ers in developing substantive and com- and one of the two principal sponsors sibility of what would probably be only prehensive reforms to our Nation’s pat- of this very worthy legislation. $50 or $60 million in total a year to ent system. The further consideration Mr. ISSA. Mr. Speaker, there are few make our Federal courts able to deal of these proposals is the IP Sub- things in this body that truly tran- with what turns out to be tens or hun- committee’s highest priority this Con- scend party lines. The respect for the dreds of billions of dollars of com- gress. I am encouraged and hopeful Constitution and our obligations under merce. that we will be able to look back at the it clearly are the most important Therefore, I hope that because we end of the 110th Congress satisfied that among them. pass this early and, I trust, unani- we ran the course and completed this The Constitution makes it clear that mously once again, that we will be able important task. inventors and authors and artisans are to deal with the Senate, bring this to But there is related work this House entitled to protection for a limited pe- the President’s desk, and begin work- can complete immediately that will riod of time under the Constitution. ing with the courts to implement it. serve as a step in the right direction. And yet, if it takes years to get Last but not least, an unusual By passing H.R. 34, a commonsense and through a patent case and only to have ‘‘thank you.’’ Justice Breyer was a narrowly tailored measure that will it reversed 30 to 40 percent of the time, major part of this discussion from the provide designated Federal district much more often if it is a first-time earliest stages, and as somebody who, judges the opportunity to improve case before a Federal judge, then jus- while as a Senate staffer, was consid- their expertise in the handling of pat- tice is not only delayed but in some ered to be the father of the Fed circuit, ent cases, the House will be taking an cases denied if you don’t have the abil- his opinion that there needed to be a early, positive first step along the road ity, after paying maybe $2 million, to fix in the district court so as not to to comprehensive patent reform. pay another $2 million to go through have to take from the district courts Mr. Speaker, a typical Federal dis- the appeal process. Therefore, it is es- the very jurisdiction that we speak of trict judge may preside over no more sential at the district court that the here today, was crucial to the develop- than three or four, five at the most, judges get it right the first time. ment of this bill. Under the Markman decision, a Fed- patent cases which are litigated to con- I thank my colleagues on both sides eral judge must decide what the patent clusion during the course of his or her of the aisle for this bipartisan support. means. It is incredibly technical often career. Patent cases comprise only 1 Mr. Speaker, I rise today in support of H.R. to decide what 5,000 claims, sometimes percent of cases filed in Federal court, 34, a bill to establish a pilot program in certain looking thicker than the Bible and the yet they make up nearly 10 percent of United States district courts to encourage en- Koran put together, really mean; and complex cases. The timely and appro- hancement of expertise in patent cases yet that is an obligation of the judge. priate resolution of these cases is vital among district judges. Congressman ADAM Those obligations may be in the areas to uphold the rights of individual liti- SCHIFF and I have worked together on this leg- of mechanical engineering, electrical gants. But it also serves the larger in- islation since the last Congress, and I am engineering. It could be chemical. It terests of consumers and the economy. grateful for the chance to move this legislation could be bio. It could be so technical as Patent litigation, Mr. Speaker, is forward today. to require outside experts just to deci- The high cost of patent litigation is widely characterized by disputes that involve pher some of the language. And yet we publicized, and it is not unusual for a patent the interaction of numerous parties, ask a Federal judge, most often the one suit to cost each party over $10,000,000. Ap- the integration of sophisticated tech- who has just ascended to the bench, to peals from district courts to the Court of Ap- nologies, and the application of tech- take on these patent cases. This bill is peals for the Federal Circuit are frequent. This nical aspects of substantive patent law designed to reduce the times in which is caused, in part, by the general perception by judges who are rarely presented the most complex cases get before the within the patent community that most district with such cases. least prepared and sometimes even the court judges are not sufficiently prepared to Mr. Speaker, H.R. 34 is a modest bill least willing Federal judges. hear patent cases. I drafted this legislation in that will enable a small number of It also is an example of something an attempt to decrease the cost of litigation by these district judges to be designated that has been used in other ways, but increasing the success of district court judges. to gain additional experience and re- appropriate here: a theory that you H.R. 34 establishes a pilot project within at sources in handling these cases, the must mend it, not end it. We have an least five district courts. Under the pilot, outcome of which is so crucial to our obligation, and the Federal courts with judges decide whether or not to opt into hear- economy. us have an obligation, to deal with ining patent cases. If a judge opts in, and a pat- This legislation also includes safe- tellectual property properly because it ent case is randomly assigned to that judge, guards to prevent these districts from is a right under the Constitution, and that judge keeps the case. If a case is ran- being used to promote ‘‘forum shop- yet it is broken. My colleagues, Mr. domly assigned to a judge who has not opted ping’’ as well as provisions to ensure SCHIFF as the cosponsor but, more into hearing patent cases, that judge has the that the Congress is provided with use- broadly, Ranking Member SMITH have choice of keeping that case or sending it to ful periodic reports on the progress of been supportive. The now chairman of the group of judges who have opted in. To be this new initiative. the subcommittee, Mr. BERMAN, helped a designated court, the court must have at Again, I thank the distinguished gen- all along the way. Mr. CONYERS has least 10 authorized judges with at least 3 opt- tleman from California (Mr. BERMAN), been supportive, both in the last Con- ing in. the distinguished gentleman from gress and this Congress, in getting this The core intent of this pilot is to steer patent Texas (Mr. SMITH), and Representatives bill out; and Senator LEAHY and Sen- cases to judges that have the desire and apti- SCHIFF and ISSA for their work. ator FEINSTEIN are working on the Sen- tude to hear patent cases, while preserving GENERAL LEAVE ate side for a counterpart. random assignment as much as possible. Mr. BERMAN. Mr. Speaker, I ask This type of legislation is narrowly Each of the test courts will be assigned a clerk unanimous consent that all Members crafted but deals with the exact prob- with expertise in patent law or the scientific may have 5 legislative days to revise lems we are facing. Let me just give issues arising in patent cases, and funding is and extend their remarks on H.R. 34. you one example, Mr. Speaker. Most also allocated to better educate participating

VerDate Aug 31 2005 03:06 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 9920 E:\CR\FM\K12FE7.013 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1433 judges in patent law. The pilot will last no HONORING AND PRAISING THE work to ensure the political, educational, so- longer than 10 years, and periodic studies will NAACP ON THE OCCASION OF ITS cial, and economic equality of all persons. occur to determine the pilot project’s success. 98TH ANNIVERSARY The SPEAKER pro tempore. Pursu- I am happy to say that H.R. 34 is supported Mr. BERMAN. Mr. Speaker, I move ant to the rule, the gentleman from by software, hardware, tech and electronics to suspend the rules and agree to the California (Mr. BERMAN) and the gen- companies, pharmaceutical companies, concurrent resolution (H. Con. Res. 44) tleman from Texas (Mr. SMITH) each biotech companies, district court judges, the honoring and praising the National As- will control 20 minutes. American Intellectual Property Law Associa- sociation for the Advancement of Col- The Chair recognizes the gentleman tion, and the Intellectual Property Owners As- ored People on the occasion of its 98th from California. sociation among others. anniversary. GENERAL LEAVE This legislation is a good first step toward The Clerk read as follows: Mr. BERMAN. Mr. Speaker, I ask unanimous consent that all Members improving the legal environment for the patent H. CON. RES. 44 community in the United States. H.R. 34 may have 5 legislative days to revise Whereas the National Association for the and extend their remarks on H. Con. should not, however, be taken as a replace- Advancement of Colored People (NAACP), ment for broader patent reform. We still need originally known as the National Negro Res. 44. to address substantive issues within patent Committee, was founded in New York City The SPEAKER pro tempore. Is there law, and I look forward to working with my colon February 12, 1909, the centennial of Abra- objection to the request of the gen- leagues on that broader effort as well. ham Lincoln’s birth, by a multiracial group tleman from California? I thank Judiciary Committee Chairman JOHN of activists who answered ‘‘The Call’’ for a There was no objection. national conference to discuss the civil and CONYERS and Ranking Member LAMAR SMITH, Mr. BERMAN. Mr. Speaker, I yield political rights of African Americans; as well as Intellectual Property Subcommittee myself such time as I may consume. Whereas the National Association for the Today I rise to join my colleague AL Chairman HOWARD BERMAN and Sub- Advancement of Colored People was founded GREEN of Texas in honoring the Na- committee Ranking Member HOWARD COBLE by a distinguished group of leaders in the tional Association for the Advance- for all of their efforts in moving this legislation. struggle for civil and political liberty, in- I also thank Committee staff David Whitney cluding Ida Wells-Barnett, W.E.B. DuBois, ment of Colored People, the NAACP, on and Shanna Winters for their counsel during Henry Moscowitz, Mary White Ovington, Os- its 98th anniversary. As we observe the development of H.R. 34. wald Garrison Villiard, and William English Black History Month this February, it Walling; is only appropriate that we recognize I encourage all of my colleagues to support Whereas the NAACP is the oldest and larg- the Nation’s oldest and largest civil H.R. 34. est civil rights organization in the United rights organization. Ninety-eight years Ms. JACKSON-LEE of Texas. Mr. Speaker, States; after its inception, we salute the I rise to support of H.R. 34, which authorizes Whereas the mission of the NAACP is to NAACP for its continued commitment a new 10-year pilot program designed to in- ensure the political, educational, social, and to promoting equality and justice for crease judges’ expertise in presiding over pat- economic equality of rights of all persons and to eliminate racial hatred and racial dis- all Americans. ent cases. Under the new pilot program, dis- The NAACP has been at the forefront trict judges could request to hear cases relat- crimination; Whereas the NAACP is committed to of every brave and courageous moment ing to patent law or plant variety protection. achieving its goals through nonviolence; in this Nation’s civil rights history. Currently, cases in Federal district courts are Whereas the NAACP advances its mission This was particularly evident during assigned randomly. Under the measure, if one through reliance upon the press, the peti- the height of the Civil Rights Move- judge declines to hear a patent case, the case tion, the ballot, and the courts, and has been ment. In 1954 the NAACP secured one persistent in the use of legal and moral per- could be reassigned to one of the judges in of the greatest legal victories with the the pilot program who has requested to hear suasion, even in the face of overt and violent racial hostility; Brown v. Board of Education decision. such cases. In 1960 the NAACP Youth Council orga- The bill directs the Administrative Office of Whereas the NAACP has used political pressure, marches, demonstrations, and ef- nized a series of sit-ins at lunch the Courts, within six months of enactment, to fective lobbying to serve as the voice, as well counters throughout the country, an designate at least five courts in at least three as the shield, for minority Americans; activity which I think for many of us, different judicial circuits in which the pilot pro- Whereas after years of fighting segregation I know for myself, helped to pique and gram would be conducted. It requires that in public schools, the NAACP, under the motivate our interest in the ability of leadership of Special Counsel Thurgood Mar- these districts for the pilot program be chosen politics and movement to make change from the 15 districts that have had the largest shall, won one of its greatest legal victories in the Supreme Court’s 1954 decision in on behalf of people. And in 1965 the number of patent and plant variety protection NAACP successfully sought enactment cases filed within the past year, and that the Brown v. Board of Education; Whereas in 1955, NAACP member Rosa of the Voting Rights Act. pilot program is conducted in districts in which Parks was arrested and fined for refusing to Today the NAACP priorities continue at least three judges will participate. It also re- give up her seat on a segregated bus in Mont- to ‘‘ensure the political, educational, quires the administrative Office of the Courts gomery, Alabama—an act of courage that social, and economic equality of rights to submit periodic reports to the Committee on would serve as the catalyst for the largest of all persons,’’ as its mission state- the Judiciary for the House and the Senate re- grassroots civil rights movement in the his- ment reads. Last year the NAACP ad- tory of the United States; garding the effectiveness of the pilot program. dressed such issues as voter disenfran- Mr. Speaker, H.R. 34 enjoys strong bipar- Whereas the NAACP was prominent in lobbying for the passage of the Civil Rights chisement, HIV/AIDS, and the conflict tisan support in the Judiciary Committee. I Acts of 1957, 1960, and 1964, the Voting Rights in Sudan. In 2007 the organization con- urge my colleagues to support this pilot pro- Act of 1965, the Fannie Lou Hamer, Rosa tinues to confront these and other do- gram. Parks, and Coretta Scott King Voting Rights mestic and international concerns. Mr. SMITH of Texas. Mr. Speaker, I Act Reauthorization and Amendments Act of Most recently, the NAACP supported have no further requests for time, and 2006, and the Fair Housing Act, laws which Congress’ efforts to increase the min- I yield back the balance of my time. ensured Government protection for legal vic- imum wage. tories achieved; and Mr. BERMAN. Mr. Speaker, I yield We in this body congratulate the back the balance of my time. Whereas in 2005, the National Association for the Advancement of Colored People NAACP for this work and their contin- The SPEAKER pro tempore. The launched the Disaster Relief Fund to help ued efforts to protect the civil and question is on the motion offered by survivors in Louisiana, Mississippi, Texas, human rights of our citizens. On its the gentleman from California (Mr. Florida, and Alabama to rebuild their lives: 98th anniversary, the NAACP remains BERMAN) that the House suspend the Now, therefore, be it an integral and essential part of this rules and pass the bill, H.R. 34. Resolved by the House of Representatives (the society. We salute the NAACP on this The question was taken; and (two- Senate concurring), That the Congress— significant occasion. thirds being in the affirmative) the (1) recognizes the 98th anniversary of the historic founding of the National Association Mr. Speaker, I reserve the balance of rules were suspended and the bill was for the Advancement of Colored People; and my time. passed. (2) honors and praises the National Asso- Mr. SMITH of Texas. Mr. Speaker, I A motion to reconsider was laid on ciation for the Advancement of Colored Peo- yield myself such time as I may con- the table. ple on the occasion of its anniversary for its sume.

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.031 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1434 CONGRESSIONAL RECORD — HOUSE February 12, 2007 Mr. Speaker, I support House Concur- Mr. AL GREEN of Texas. Mr. Speak- first Chair of the board of the NAACP. rent Resolution 44, which recognizes er, thanks to the subcommittee chair- You see, there were two white NAACP the 98th anniversary of the NAACP. man, Congressman HOWARD BERMAN. I board Chairs, Oswald Villard and Joel For almost a century, the NAACP thank you much for the many things Spingarn, before we had a black has fought to bring justice and racial that you have done. NAACP board Chair. equality to all parts of America. In 1917 Mr. Speaker, I also think it appro- And I believe we should remember the NAACP won a legal victory in the priate to thank today chairman JOHN James Weldon Johnson. He was the Supreme Court which held that States CONYERS of the Judiciary Committee first black executive secretary and di- could not restrict and officially seg- for assisting in this and causing this rector of the NAACP. However, we regate African Americans into residen- piece of legislation to move forward should never forget Francis Blascon tial areas. The same year the NAACP quickly. I thank Senator HILLARY and Mary White Ovington, along with fought for the right for African Ameri- CLINTON and the more than 20 cospon- Mary Nurney and Royall Nash, all of cans to be commissioned as officers in sors in the United States Senate. whom were white and served before World War I. In 1920 the NAACP held My understanding is that companion James Weldon Johnson. its annual conference in Atlanta, which legislation will be filed there today. We Let us remember the brilliant lawyer at the time was one of the most active would like to thank the 117 cosponsors and Supreme Court Justice, Thurgood areas for the Ku Klux Klan. As a result, in the U.S. House of Representatives, Marshall. However, we should not for- the NAACP showed the world it would all of whom believe that this legisla- get Arthur Spingarn, the white not be intimidated by racial violence. tion is exceedingly important. And, of NAACP-er who donated large sums of course, I would like to thank last money and raised even more money for b 1500 year’s cosponsor with me, the ranking the NAACP Legal Redress Committee. In 1935, NAACP lawyers Charles member of the Judiciary Committee, While Thurgood Marshall was a great Houston and Thurgood Marshall won a Congressman JAMES SENSENBRENNER. litigator, and he was, we should never legal battle to admit a black student to Mr. Speaker, there are many organi- forget that the Spingarns were great the University of Maryland. zations that have endorsed this legisla- donators and made it possible for a lot During World War II, the NAACP led tion: the American Jewish Committee; of the litigation to take place. the effort that resulted in President the ADL, the Anti-Defamation League; I will remember and I beg that we all Franklin Roosevelt’s ordering a non- LULAC, the League of United Latin remember Medgar Evers, the black discrimination policy in war-related American Citizens; and NCLR, the Na- NAACP field representative who was industries and Federal employment. tional Council of La Raza. assassinated in his front yard in 1963. And in 1948, the NAACP convinced Today, H. Con. Res. 44 honors the However, we shouldn’t forget John R. President Harry Truman to sign an ex- NAACP for 98 years of service to Amer- Shillady, the white NAACP executive ecutive order banning discrimination ica. Mr. Speaker, that is 98 years of up- secretary, because he was beaten by a by the Federal Government. holding the constitutional notion of mob in Austin, Texas, and he never re- In 1954, under the leadership of Spe- government of the people, by the peo- covered. cial Counsel Thurgood Marshall, the ple, and for the people. That is 98 years Through the efforts of a multiracial, NAACP won one of the greatest legal of standing on the Declaration of Inde- religiously diverse and ethnically in- victories in Brown v. Board of Edu- pendence and the premise that all per- clusive group, the NAACP has made cation. sons are created equal; 98 years, Mr. great contributions to our society: the In 1960, in Greensboro, North Caro- Speaker, of saluting the proposition in passage of the Voting Rights Act; the lina, members of the NAACP Youth the Pledge of Allegiance that we are in- passage of the Civil Rights Act; the Council launched a series of nonviolent deed one Nation, with liberty and jus- Fair Housing Act of 1968; filed and won sit-ins at segregated lunch counters. tice for all. many lawsuits, including Brown v. The segregation ended, and all Ameri- I thank God, Mr. Speaker, for the Board of Education; Shelley v. cans could finally break bread to- NAACP and those brave souls who as- Kraemer; and recently contributed mil- gether. sembled 98 years ago today on Feb- lions of dollars to assist the Hurricane The history of America’s modern ruary 12, 1909, a group of people who Katrina victims. struggle to live up to our constitu- met to fight for the rights of black peo- So today we can literally say we eat tional principles was often written by ple. They were an integrated group, where we eat, we live where we live and the NAACP, and it continues to cham- both black and white, who believed in we sleep where we sleep in part due to pion the cause of social justice today. the Constitution of the United States the NAACP, and we are grateful that The NAACP has served as the voice of of America. they have been there for us. those who were mute with fear. It has And while we must remember that Mr. Speaker, I beg that all of my col- served as a key for those who were the NAACP was founded to make de- leagues will support this resolution. handcuffed and jailed under segrega- mocracy work for black people, we Mr. ISSA. Mr. Speaker, I yield myself tionist policies. And it carried the shouldn’t forget that it was Mary such time as I may consume. weight for those whose backs were bro- White Ovington, a white woman, who is Mr. Speaker, H. Con. Res. 44 is and ken by brutal beatings. It did so peace- said to have hosted the founders meet- should be about the NAACP, but it is fully, and with dignity; and, as a re- ing. And we shouldn’t forget that she also about a history of a struggle, not sult, America can hold its head higher. did this in response to William English just the 98 years that the NAACP has It is with great pleasure that I sup- Walling, a white man who wrote an ar- been pushing and prodding this body, port this concurrent resolution, which ticle asking citizens to rally in support the courts and the executive branch for I hope raises even higher the awareness of African Americans. fairness for all people, all people in the of this organization’s historic contribu- We don’t forget in the NAACP, and United States, but for the history of tions to the cause of civil rights. we should never forget, the fact that this struggle. Whether it is the Mr. Speaker, I yield the balance of this organization has never been a Marbury v. Madison decision, or the my time to the gentleman from Texas black-only organization. So, today, I dreaded Dred Scott decision, the Court (Mr. ISSA), and would ask unanimous salute the NAACP-ers, current and has had to be prodded by the public, consent that he be allowed to control those who have gone on for their great the Congress has had to be prodded by said time. work in this great country. I want to the public, and, yes, just as with Harry The SPEAKER pro tempore. Is there salute them by remembering those who S. Truman, the President has had to be objection to the request of the gen- are black, but I also pledge that we will prodded by the public. No organization tleman from Texas? never forget those who are white. in American history has sustained the There was no objection. So as we remember Dr. Louis T. consistent legacy of being an effective Mr. BERMAN. Mr. Speaker, I am Wright, who in 1935 became the first prod to the government greater than pleased to yield 6 minutes to the spon- black NAACP board Chair, we should the NAACP. sor of the resolution, the distinguished not forget Oswald Garrison Villard, the So I join with my colleagues on a bi- gentleman from Texas (Mr. AL GREEN). white man who in 1911 became the very partisan and undoubtedly bicameral

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.016 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1435 basis to celebrate this 98 years and the Despite the advancements of the past 98 cause of justice and equality in America. It has struggle that it represents. years under the leadership of the NAACP, fought valiantly and tirelessly on behalf of Afri- Mr. SCOTT of Virginia. Mr. Speaker, I am there is still much work to be done. The can Americans and others to secure their civil honored to rise to congratulate the NAACP on NAACP continues to promote new ideas and rights and liberties and the full measure of jus- its 98th Anniversary. As the Nation’s oldest leadership in the fields of educational and em- tice and equality for all. civil rights organization, the NAACP has for 98 ployment opportunities, ending health care dis- At a time when African Americans were years fought to ensure the political, edu- parities, and economic empowerment. treated as second-class citizens and the cational, social and economic equality of all The NAACP instilled in America a sense of scourge of slavery was still rampant, the persons, so that all may share and participate consciousness, and continues to do that today NAACP emerged to ensure that the rights, in- in this country’s great Democracy. through the thousands of individuals who con- terests and voices of African Americans did The NAACP was founded by a multiracial tinue to fight for equality and justice. not go unheard. group of activists who answered ‘‘The Call’’ for Mr. CARDOZA. Mr. Speaker, it is with great As Chair for the Congressional Children’s a national conference to discuss the civil and pleasure that I rise today to pay tribute to the Caucus, I am especially concerned with fair political rights of African Americans. This con- National Association for the Advancement of access to quality education for today’s youth. ference was in response to the race riots that Colored People (NAACP) as we celebrate the I am personally grateful to the NAACP for its took place in Springfield, Illinois in the summer 98th anniversary of their inception. leadership in winning the greatest legal victory of 1908. Since that time, the NAACP has Since 1909, the NAACP has been a leader for civil rights in American history: the 1954 sought to ensure equal rights for all citizens in advancing civil rights and has sought to re- landmark decision in Brown v. Board of Edu- and to eliminate race prejudice in the United move all barriers of racial discrimination cation, 347 U.S. 483 (1954), in which the Su- States by working to improve the democratic through their use of legal and moral persua- preme Court struck down de jure segregation process and by seeking the enactment and sion. in elementary schools. NAACP General Coun- enforcement of laws that secure civil rights. This organization has provided communities sel Thurgood Marshall, who would later be- The NAACP also acts as a watchdog and in- around the United States with strong and pas- come the first African American associate jus- forms the public of the adverse effects of dis- sionate leaders who have fought for social tice of the Supreme Court, forcefully argued crimination. The NAACP also educates the change. Among these organizations, it is an and persuaded the Court to rule unanimously public about their constitutional rights, and honor to note that California is home to 72 that in the field of public education, ‘‘separate when necessary, undertakes court cases to branches and youth units, each providing in- but equal’’ was inherently unequal. That deci- enforce and secure those rights. spiration to their respective communities. sion gave hope to millions of Americans that The NAACP has a long and impressive his- As we celebrate the accomplishments of the their children might enjoy the full promise of tory of activism and has contributed greatly to NAACP, we must also honor the values upon America that had been denied their forebears shaping America as we know it today. One of which it was founded, for there is much work for more than three centuries. its first legislative initiatives was an anti-lynch- left to be done, and the same tireless dedica- The NAACP used the Supreme Court’s de- ing campaign in the early 1900s. In the 1940s, tion and clarity of purpose will be required to cision in Brown to press for desegregation of the NAACP was influential in President Roo- continue onward. schools and public facilities throughout the country. In 1955, Rosa Parks was arrested sevelt’s decision to issue an Executive Order I commend the National Association for the and fined for refusing to give up her seat to a prohibiting discrimination in contracts with the Advancement of Colored People for being white man in Montgomery, Alabama. Her act Department of Defense and in President Tru- champions of social justice and for their tire- of civil disobedience triggered the Montgomery man’s decision to issue an Executive Order less efforts for almost a century. I look forward Bus Boycott, one of the largest and most suc- ending discrimination in the military. In the to celebrating their centennial in two years. cessful mass movements against racial seg- 1950s, the NAACP worked to bring an end to Ms. JACKSON-LEE of Texas. Mr. Speaker, regation in history and ignited the Civil Rights segregation in public schools; that work cul- I rise in support of H. Con. Res. 44, which Movement. Daisy Bates spearheaded the minated in the case of Brown v. Board of Edu- gives fitting honor and praise to the National campaign by the Little Rock Nine to integrate cation. In the 1960s, the NAACP worked to Association for the Advancement of Colored People on the occasion of the 98th anniver- Central High School in Little Rock, Arkansas. raise support for the passage of the Civil The NAACP remains committed to achiev- sary of its founding. Rights Act. In the 1970s, it helped expand ing its goals through nonviolence, the legal The NAACP is the oldest, largest, most his- voter participation through voter registration ef- process, and moral and political suasion, and toric and most influential civil rights organiza- forts. And the list goes on. through direct actions such as marches, dem- tion in the United States. First organized in Today, the NAACP continues to eliminate onstrations, and boycotts to give voice to the 1905, the group was known as the Niagara race prejudice whenever it rears its ugly head. hopes and aspirations of African Americans Movement when they began meeting at a It continues to act as a watchdog to protect and others who lack the power to make their hotel situated on the Canadian side of the Ni- the civil rights of all people. And it educates voices heard. the public about civil rights so that future gen- agara Falls. They had to meet in Canada be- There is still a need for justice and equal erations will know tolerance and equality as cause American hotels in Niagara Falls were treatment for African Americans and other vul- the norm, rather than the exception. segregated. Under the leadership of the Har- nerable populations in our country. Thankfully, I am proud to be a Diamond Life Member of vard-educated scholar, the great W.E.B. the NAACP is alive, well, vital, and effective. the NAACP and to have served as a Branch DuBois, the group would later be known as I am grateful for the many fights for equality President of the Newport News Chapter. the National Negro Committee before finally that the organization has won, and thankful Mr. Speaker, I congratulate the NAACP on adopting the name by which it has been that the NAACP will be there in the future to 98 years of service to our great country and known for the last 98 years—the National As- champion the cause of justice wherever and its people, and I wish them another successful sociation for the Advancement of Colored whenever it needs a spokesman. 98 years. People, or NAACP—at its second conference Happy birthday, NAACP and thank you for Ms. EDDIE BERNICE JOHNSON of Texas. in 1910. all you have done to make our country better. Mr. Speaker, I rise today to honor the National The first official meeting was held in 1909 I urge all Members to join me in supporting H. Association for the Advancement of Colored exactly 98 years ago today: February 12, the Con. Res. 44. People on its 98th Anniversary. In 1909 the centennial of the birth of President Abraham Mr. ISSA. Mr. Speaker, I yield back founder of the NAACP came together with the Lincoln. The mission of the association was the balance of my time. purpose of promoting the rights guaranteed clearly delineated in its charter: Mr. BERMAN. Mr. Speaker, I yield under the 13th, 14th, and 15th Amendments To promote equality of rights and to eradi- back the balance of my time. to the Constitution. Today, the NAACP works cate caste or race prejudice among the citi- The SPEAKER pro tempore. The to ensure that all individuals have equal rights zens of the United States; to advance the in- question is on the motion offered by and to eradicate racial hatred and discrimina- terest of colored citizens; to secure for them the gentleman from California (Mr. tion. impartial suffrage; and to increase their oppor- BERMAN) that the House suspend the The NAACP has influenced some of the tunities for securing justice in the courts, edu- rules and agree to the resolution, H. greatest civil rights victories of the last cen- cation for the children, employment according Con. Res. 44. tury, including: integration of schools and the to their ability and complete equality before The question was taken. Brown v. Board decision; the Voting Rights law. The SPEAKER pro tempore. In the Act; striking down segregation; and the Equal For nearly a century, the NAACP has opinion of the Chair, two-thirds being Employment Opportunity Act. stayed true to its charter and championed the in the affirmative, the ayes have it.

VerDate Aug 31 2005 05:07 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.018 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1436 CONGRESSIONAL RECORD — HOUSE February 12, 2007 Mr. BERMAN. Mr. Speaker, on that I sponsor research and public educational ac- property, often at huge losses, and to demand the yeas and nays. tivities and to publish and distribute the give up their businesses and liveli- The yeas and nays were ordered. hearings, findings, and recommendations of hoods. The freedom and civil liberties The SPEAKER pro tempore. Pursu- the Commission on Wartime Relocation and of Italian and German Americans were Internment of Civilians so that the events ant to clause 8 of rule XX and the surrounding the exclusion, forced removal, also violated during World War II by Chair’s prior announcement, further and internment of civilians and permanent measures that branded them enemy proceedings on this question will be resident aliens of Japanese ancestry will be aliens and went as far as restricting postponed. remembered, and so that the causes and cir- their movement and seizing their per- f cumstances of this and similar events may sonal property. Thirty years passed be- be illuminated and understood’’; fore Executive Order 9066 was formally RECOGNIZING THE SIGNIFICANCE Whereas Congress adopted the Wartime rescinded in 1976. OF THE 65TH ANNIVERSARY OF Violation of Italian Americans Civil Lib- House Resolution 122 recognizes the erties Act, which was signed by President EXECUTIVE ORDER 9066 AND devastating impact of that executive SUPPORTING AND RECOGNIZING Bill Clinton on November 7, 2000, and which resulted in a report containing detailed in- order. The resolution also supports and A NATIONAL DAY OF REMEM- commends the efforts of the Japanese, BRANCE formation on the types of violations that occurred, as well as lists of individuals of Italian and German American commu- Mr. BERMAN. Mr. Speaker, I move Italian ancestry that were arrested, de- nities in recognizing a National Day of to suspend the rules and agree to the tained, and interned; Remembrance for their history of re- resolution (H. Res. 122) recognizing the Whereas the Japanese American commu- striction, exclusion and internment significance of the 65th anniversary of nity recognizes a National Day of Remem- during World War II. The failure of our the signing of Executive Order 9066 by brance on February 19th of each year to educate the public about the lessons learned political and judicial system to prevent President Franklin D. Roosevelt and from the internment to ensure that it never the injustices against them still rever- supporting the goals of the Japanese happens again; berates today. American, German American, and Whereas H.R. 1492 (Public Law 109–441) was The decision to intern Japanese Italian American communities in rec- passed by Congress and signed into law in Americans was based not on evidence, ognizing a National Day of Remem- 2006, to allow the government to identify and but rather on fear and panic. In 1980, brance to increase public awareness of acquire sites used to confine Japanese Amer- Congress established a Commission on the events surrounding the restriction, icans during World War II, in order to pre- Wartime Relocation and Internment of exclusion, and internment of individ- serve and maintain these historic locations for posterity and inspire new generations of Civilians. That commission, after con- uals and families during World War II. Americans to work for justice while dem- ducting 20 days of hearings and receiv- The Clerk read as follows: onstrating the Nation’s commitment to ing testimony from over 750 witnesses, H. RES. 122 equal and fair treatment for all; and concluded that Executive Order 9066 Whereas President Franklin Delano Roo- Whereas the Day of Remembrance provides was not justified by military necessity, sevelt signed Executive Order 9066 on Feb- an opportunity for all people to reflect on but resulted from ‘‘race prejudice, war ruary 19, 1942, which authorized the exclu- the importance of political leadership and hysteria, and a failure of political lead- sion of 120,000 Japanese Americans and legal vigilance and on the values of justice and ership.’’ resident aliens from the West coast of the civil rights during times of uncertainty and emergency: Now, therefore, be it: In 1988, Congress enacted, and I was United States and the internment of United proud to be here and a part of that States citizens and legal permanent resi- Resolved, That the House of Representa- dents of Japanese ancestry in internment tives— fight, the Civil Liberties Act to for- camps during World War II; (1) recognizes the historical significance of mally acknowledge and apologize for Whereas the freedom of Italian Americans February 19, 1942, the date Executive Order violations of fundamental civil lib- and German Americans was also restricted 9066 was signed by President Roosevelt, re- erties and constitutional rights of during World War II by measures that brand- stricting the freedom of Japanese Ameri- these Japanese Americans. ed them enemy aliens and included required cans, German Americans, and Italian Ameri- identification cards, travel restrictions, sei- cans, and legal resident aliens through re- b 1515 zure of personal property, and internment; quired identification cards, travel restric- In 2000, President Clinton signed the Whereas President Gerald Ford formally tions, seizure of personal property, and in- Wartime Violation of Italian Ameri- rescinded Executive Order 9066 on February ternment; and (2) supports the goals of the Japanese cans Civil Liberties Act, which for- 19, 1976, in his speech, ‘‘An American Prom- mally acknowledged civil liberty viola- ise’’; American, German American, and Italian Whereas Congress adopted legislation American communities in recognizing a Na- tions against Italian Americans. which was signed by President Jimmy Carter tional Day of Remembrance to increase pub- The most honorable and principled on July 31, 1980, establishing the Commission lic awareness of these events. way to show respect to those Ameri- on Wartime Relocation and Internment of The SPEAKER pro tempore. Pursu- cans who suffered injustices during Civilians to investigate the claim that the ant to the rule, the gentleman from World War II is to dedicate ourselves to incarceration of Japanese Americans and California (Mr. BERMAN) and the gen- fighting for the fundamental American legal resident aliens during World War II was tleman from California (Mr. ISSA) each principles of liberty of which their mis- justified by military necessity; will control 20 minutes. treatment remains to this day a glar- Whereas the Commission held 20 days of hearings and heard from over 750 witnesses The Chair recognizes the gentleman ing reminder. on this matter and published its findings in from California (Mr. BERMAN). Once again, I want to join with my a report entitled ‘‘Personal Justice Denied’’; GENERAL LEAVE colleagues in recognizing the very im- Whereas the conclusion of the commission Mr. BERMAN. Mr. Speaker, I ask portant work of the Japanese Amer- was that the promulgation of Executive unanimous consent that all Members ican, the German American and the Order 9066 was not justified by military ne- have 5 legislative days to revise and ex- Italian American communities in rais- cessity, and that the decision to issue the tend their remarks on H. Res. 122. ing awareness of the National Day of order was shaped by ‘‘race prejudice, war The SPEAKER pro tempore. Is there Remembrance, and to particularly hysteria, and a failure of political leader- commend Representative HONDA for his ship’’; objection to the request of the gen- Whereas Congress enacted the Civil Lib- tleman from California? efforts in bringing this resolution to erties Act of 1988, in which it apologized on There was no objection. the floor. behalf of the Nation for ‘‘fundamental viola- Mr. BERMAN. Mr. Speaker, I yield Mr. Speaker, I reserve the balance of tions of the basic civil liberties and constitu- myself such time as I may consume, my time. tional rights of these individuals of Japanese but no more than 3 minutes. Mr. ISSA. Mr. Speaker, I yield myself ancestry’’; Mr. Speaker, today I rise in favor of such time as I may consume. Whereas President Ronald Reagan signed House Resolution 122. Sixty-five years I rise in support of H. Res. 122 which the Civil Liberties Act of 1988 into law on ago, President Roosevelt signed Execu- recognizes the tragic significance of August 10, 1988, proclaiming that day to be a ‘‘great day for America’’; tive Order 9066, leading to the deten- Executive Order 9066 signed by Presi- Whereas the Civil Liberties Act of 1988 es- tion of approximately 120,000 Japanese dent Franklin Delano Roosevelt to au- tablished the Civil Liberties Public Edu- Americans. They were forced to live in thorize the internment of Japanese cation Fund, the purpose of which is ‘‘to isolated camps, to sell or lease their Americans at the beginning of World

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.019 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1437 War II. The resolution also highlights leadership on both sides, as well as and interpreting the laws, we see that the injustices forced on Italian Ameri- Chairman CONYERS, for their leadership there are those in government who cans and German Americans during in steering this measure to the floor continue to pursue policies once again this same period. today. While the resolution addresses that target our civil liberties. In 1942, President Roosevelt author- events from our past, there is much The whole point of the Day of Re- ized the Army to evacuate more than that we can learn from our history, as membrance resolution is about learn- 100,000 Japanese Americans from the has been stated by our friend Mr. ISSA. ing. It is about being persistent about Pacific Coast States, including Wash- This is a resolution recognizing the the lessons that we have learned from ington, Oregon, and my home State, 65th anniversary of the Day of Remem- the American of Japanese ancestry, ex- California, and also Arizona. This brance and supporting the goals of the perience that is really an American les- grossly blunderbuss approach to main- Japanese American community in rec- son on the Constitution and is also a taining America’s security serves, es- ognizing a National Day of Remem- lesson of the American character pecially today, as a continuing re- brance to increase public awareness of where, upon reconciliation, there is a minder that the civil rights of Amer- the events surrounding the restriction, healing. ican citizens should never be lost in the exclusion and internment of all persons There is a healing among not only midst of the chaos of war, not even in of Japanese ancestry during World War those who were incarcerated, but there a war on terror. II. is also healing among those who were President Roosevelt authorized the The resolution also recognizes that affected but maybe not necessarily in- mass expulsion and incarceration of many in the German and Italian com- carcerated. So victims are both those Japanese Americans, and these are munities experienced deprivations dur- who were directly victimized and those American citizens, by signing Execu- ing this time as well. who were indirectly victimized by the tive Order 9066 on February 19, 1942. A This year marks the 65th anniversary misdeeds of our government. few minutes ago, I spoke about the of President Roosevelt’s signing of Ex- Also, the further learning, when we prodding of this body, the prodding ecutive Order 9066 on February 19, 1942, talk about the Day of Remembrance, is about the Presidency and the prodding and the 19th anniversary of the Civil that other communities get to reflect of the courts. This ill-fated action un- Liberties Act of 1988, which was signed upon their own experience at that time fortunately was supported by this into law by President Reagan. and project into the future when this body, the one on the other side of the In 1942, some 120,000 people were kind of thing should happen again. As a teacher, I want to reemphasize Dome and, yes, the U.S. Supreme rounded up in this country, primarily the necessity for this type of resolution Court. Had any of us recognized our from the west coast, and incarcerated. as it continues to teach us the old burden of freedom and democracy and Families were torn apart. Hardworking maxim that those of us who do not people had to sell their businesses for taken it to heart, this could not and learn from the mistakes of our past are pennies on the dollar and their per- would not have happened. doomed to repeat them. The tragic misuse of this power was sonal properties. Everything these peo- In today’s current light, I want to met with an equally powerful response, ple worked so hard for evaporated over- underscore that national security is but unfortunately, it was too late. night. my highest priority. It is our govern- In 1976, President Gerald Ford issued I spent part of my childhood in a ment’s highest priority, and I support Proclamation 4417, in which he said, camp in southeast Colorado, an intern- efforts to fight our war against ter- ‘‘Learning from our mistakes is not ment camp called Amache. H. Res. 122 rorism. But we must also understand pleasant, but as a great philosopher also recognizes that many in the Ger- that in doing so, we do not again have once admonished, we must do so if we man and the Italian communities expe- a failure among our political leader- want to avoid repeating them.’’ We re- rienced deprivation during this period ship. We must not give in to war cently put to rest President Gerald as well: public humiliation, detention hysteria. We must not fall back to ra- Ford, but there was no action that Ger- and, at times, deportation. cial prejudice, discrimination and un- ald Ford ever did as President more In 1942, on the domestic front, our po- lawful profiling. significant than this one. President litical leaders failed. Therefore, today It is critical and important, more Ford, in apologizing and taking back we must work to educate the public than ever, to speak up against possible the misconduct perpetrated on Amer- about the internment of Americans in unjust policies that may come before ican citizens so long ago, has set a high order to prevent similar injustices to this body. It is critical that we educate standard for it ever happening again. be forced upon anyone in this country. all Americans of the Japanese Amer- Today, we have just those threats Our civil liberties have not been in as ican experience during World War II, as among us and amidst us, so I am happy much risk since World War II, and this well as the experience of other Ameri- to support this to join with the ACLU time we, as political leaders, cannot cans, like the Japanese Latin Ameri- and all the other organizations that fail. cans. daily fight this and recognizing that True to the democratic process, our These people were extricated from this should never happen again. Nation has been able to look back and Latin America, brought over here, had Last but not least, we are joined with admit errors from its past. I can think their documents taken away from our colleague, the widow of Bob Mat- of no greater evidence to show why the them, thus becoming individuals with- sui, and I might note that as a fresh- United States, with all its flaws, still is out a country, to be used as pawns in man it was Bob Matsui who was on the looked to worldwide as the Nation with exchange for POWs in the Pacific the- Democrat side speaking about this the strongest and the fairest form of ater. As this resolution does, we must issue firsthand. I am sorry that he is government. also remember the experiences of our not with us today. I look forward to By admitting that the government comrades of the German and Italian the statements of my colleague and his did wrong in its treatment of its citi- Americans who were also victimized. widow, because I believe that, in fact, zens and legal residents who were In order to learn the important les- this is something we must do every aliens during World War II, Congress sons from our own history, I introduced year so that it never, never, never hap- and the President reaffirmed our Na- H. Res. 122, the Day of Remembrance pens again in my America. tion’s commitment to the principles resolution, here in this body. I cannot Mr. Speaker, I reserve the balance of founded in the Constitution. emphasize enough that the lessons of my time. However, we must always be vigilant those dark days are more important Mr. BERMAN. Mr. Speaker, I yield in the protection of our civil liberties, than ever. Remembering Executive 71⁄2 minutes to the sponsor of the reso- and in this time of tension as we wage Order 9066, signed on February 19, 1942, lution, the chief sponsor of the resolu- a war against terrorism, we must again rescinded on February 19, 1976, and the tion, the gentleman from California reaffirm our commitment to the prin- reconciliation brought by the redress (Mr. HONDA). ciples in the Constitution. legislation signed on August 10, 1988, Mr. HONDA. Mr. Speaker, I would While national security is always a are still instructive to us today. like to rise today in support of H. Res. paramount concern for those of us There is a maturity in this country 122. I also want to thank the House making the laws, as well as executing that I am very proud of. This maturity

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.021 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1438 CONGRESSIONAL RECORD — HOUSE February 12, 2007 says that we can learn from our mis- terror in Afghanistan, in Iraq and ture generations will be able to visit takes of the past and we can also teach around the world. the internment camps to gain a better to other of our lessons that we have b 1530 understanding of the previous genera- learned. We have learned that the Ex- tion’s experience. ecutive Order 9066 was not signed out of They are in fact doing exactly the Mr. Speaker, we may have won World military necessity. It was not signed same thing. And I link the two because War II; however, we were not vic- out of national security. It was not I believe that you don’t respect history torious because of our treatment of signed out of personal safety and secu- the way we are trying to today, if you Japanese, Italian, and German Ameri- rity of the Japanese Americans, but, as don’t link it to the present and the fu- cans, but in spite of it. the Commission on Wartime Intern- ture, and you don’t say we will learn Now, 65 years later, we are once ment and Relocation of Civilians con- from this terrible mistake. We can’t again engaged in armed conflict over- cluded, that it was a result of racial undo what was done to the Japanese, seas, and once again the undertones of prejudice, war hysteria and the failure Italian, and German Americans, but we suspicion and mistrust toward par- of political leadership. can dedicate ourselves to ensure that ticular groups of people lurk beneath The experiences from 1942, applied to this shall not happen again in this the surface of our society, which is why our situation in this post-9/11, show us great Union. it is more important than ever to re- that the Constitution of this country is Mr. Speaker, I reserve the balance of call our past, so we do not repeat our never tested in times of tranquility. my time. mistakes. Rather, our Constitution is always Mr. BERMAN. Before yielding to our I hope every American will take this tested in times of trauma, tragedy, ter- next speaker, I just want to associate day to reaffirm their commitment to rorism and tension, that the very prin- myself with the comments of Mr. our Constitution and the rights and ciples of our Constitution continuously HONDA and Mr. ISSA. For one who re- protections it guarantees to all of us. need to be taught until it is ingrained members some of the key figures in The resolution before us today recog- in our own character, so that every de- this terrible tragedy, President Roo- nizes the past injustices and points the cision we make as a citizen, as adults, sevelt; Justice William Douglas, who is way toward a future where such wrongs as children, as students, and as policy- an icon and a symbol of respect for are no longer perpetuated in this country. Each Member of this Congress as a makers, that we will always be true to civil liberties generally, you learn servant of the people is duty bound to the principles of our Constitution. what war hysteria and a tendency to The foundation of these ingrained extrapolate the notion of an enemy apply these lessons of the past to the principles is the light that draws peo- into sweeping generalizations which challenges we now face. In doing so, we ple from around this world to overcome are not justified by the evidence is show our continued efforts toward en- any obstacle to come to this country something that we should be careful of. suring that our country avoids simi- and be part of this society. The word is At this point, I am very pleased to larly misguided policies now and in the future. out around the world that this Nation yield to my dear friend, whose late hus- Mr. ISSA. Mr. Speaker, I reserve the will protect individual rights against band I worked with very much on the 1988 legislation who was one of the balance of my time. even the most powerful in its govern- Mr. BERMAN. Mr. Speaker, I yield 3 ment. The protection of our Constitu- great spark plugs in passing that legislation and now his widow and our col- minutes to my friend, the gentleman tion is what our forefathers and our from California (Mr. BECERRA). league, Congresswoman DORIS MATSUI, veterans have shed their blood and sac- Mr. BECERRA. I thank the gen- for 3 minutes. rificed their limbs and lives for, in tleman from California, a friend and Ms. MATSUI. Mr. Speaker, I thank order that our Constitution may live one of the champions on these issues, my good friend from California (Mr. and really be reflected in every action Mr. BERMAN, for his time. And I also BERMAN) for yielding me time; and I that we have, not only in this body but thank Mr. ISSA, a gentleman from Cali- by every action of every citizen of this would like to thank my good friend fornia and a friend, for his support and great country, so as to, or stated in the from California (Mr. HONDA) for his leadership on these issues as well. Preamble of the Constitution, in order leadership on this resolution. Mr. Speaker, I think we rise here be- to form a more perfect union. Mr. Speaker, the resolution before us cause this is what America is about. Mr. ISSA. Mr. Speaker, I yield myself today is a reminder that from great in- We often make mistakes, but one of 2 minutes. justice can come great awakening. the beauties of this country and the I would like to thank Congressman We take up this resolution to mark reason so many people wish to come HONDA. Mike and I came into this Con- the 65th anniversary of Executive here is because we have a way of heal- gress together. We came in at a time of Order 9066. The resolution is a re- ing and making amends, and there is peace. We came in at a time in which minder that each of us has a responsi- such power in redemption. And for that remembering 59 years earlier the his- bility to ensure that something like reason I hope all of my colleagues will tory of the Japanese internment was a Executive Order 9066 never happens support House Resolution 122, authored little abstract and yet necessary. I again. by a champion of this cause, Congress- think that it is no longer abstract, and In a time of war, thousands of inno- man Mike Honda from California, be- I thank the gentleman from California, cent American citizens were rounded cause he has been at this for quite because Mr. HONDA made it very clear up, forcibly removed from their homes, some time. that we have a clear and present dan- and shipped to internment camps. We talk about the healing that has to ger in the same way. Sadly, this was an avoidable con- take place. I want to make sure I men- It is easy to blame the Muslim com- sequence of racial prejudice and war- tion the strength and loyalty and community. It is easy to look at Arab time hysteria. The government at all mitment of the Japanese Americans, Americans and say can we trust them. levels was blinded by war. It is impera- the Italian Americans, and the German I might point out something that is tive that we learn the lesson this mo- Americans who never lost hope and not in the body of the resolution but I ment in history has taught us. That is faith in our country’s values, what our know that Mr. HONDA and I have talked why I applauded the creation of a grant Founding Fathers really meant this about in the past. During the time in program to preserve the internment country to mean to the rest of the which we were incarcerating women camps and related historical sites world. They are lights for the rest of and children and old men of Japanese where Japanese Americans were de- us, because even in the darkest times ancestry, the young Japanese Ameri- tained during World War II. We must they held out hope. And today, so cans were in Europe fighting and dying preserve these camps as a physical, many years later, 65 years later we are in record numbers, defending our coun- tangible representation of our govern- here to say it is a day that we will re- try in the most decorated way of any ment’s failure to protect the constitu- member not because it was great but unit of World War II. That is a separate tional right of every American, and because we know how to do great remembrance but it cannot be sepa- also as a symbol of our Nation’s ability things from things we did wrong. rated from the fact that today Arabs to acknowledge our mistakes. Further, So I stand here proudly to say to Mr. and Muslims are fighting in the war on these designations will ensure that fu- HONDA, thank you so much for your

VerDate Aug 31 2005 05:07 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.022 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1439 leadership in this cause. Let us con- member the past mistakes of our government were involuntarily removed from their commu- tinue forward. Let us not forget those in an effort to avoid future ones. nity. They left behind all of their belongings who have not yet seen justice. There In times of war it may be easy to get carried and possessions that they could not carry or are about 2,300 Japanese Latin Ameri- away and put labels on those around us, as- wear. Relegated to internment camps and liv- cans who were in essence kidnapped by suming what their political ideals are based ing in barracks that were hastily built and un- our U.S. Government in the 1940s, solely on their national origin or religious back- protected from the elements, they tried to cre- brought to this country, held here, and ground. But as we have seen in World War II, ate stability for the families in a time of turmoil. in many cases used as exchange for such assumptions are unjust and can lead to Their children attended school and partici- American prisoners who were caught disastrous consequences for a group of indi- pated in extracurricular activities, all while by the Japanese during World War II. viduals. being surrounded by barbed wire and under They never received any justice. And I By celebrating a National Day of Remem- the watchful eyes of armed guards. Japanese hope that we will continue to turn the brance on February 19th, we renew our prom- Americans remained interned in these sites for page toward more full justice for all of ise as a Nation to never let this happen again. the duration of the war. us here in this country. We must ensure that all Americans are aware Italian Americans and German Americans Ms. PELOSI. Mr. Speaker, to live up to the of these historical events, so that they may also were branded as enemy aliens and principles on which this great nation was join us in an effort to prevent the repetition of forced to acquiesce to provisions that included founded, we must stand for freedom for all such acts of prejudice. I commend my col- required identification cards, travel restrictions, Americans, in wartime and in times of peace. league from California, Mr. HONDA, for intro- seizure of personal property, and imprison- On February 19, 1942, Executive Order ducing H. Res. 122 to support these goals. ment during this time. Their wrongful treatment 9066 was signed, ushering in one of the dark- I also commend the efforts of other Ameri- also deserves our attention and consideration est periods in our nation’s history. During cans who recognize the significance of these to ensure that similar actions are never again World War II, more than 120,000 Americans of events and create awareness within our com- repeated, experienced or relived. Japanese descent were removed from their munities, especially among our youth. The This National Day of Remembrance is an homes and placed in internment camps. Public Broadcasting Service has made efforts opportunity for us to educate ourselves and Under baseless fears of Japanese Americans to do just that, by providing a classroom re- others and to increase public awareness sur- disloyalty, families were ripped apart and en- source online to teach middle and high school rounding these harmful wartime decisions tire communities uprooted. students about these events and to help them made by the United States Government. We History has shown that this action, as well think critically about their impact. During the take this time to recognize the Japanese as restrictions on Americans of German and week of February 19, 2007, this year’s Na- American, Italian American, and German Italian ancestry, was not only wrong, but also tional Day of Remembrance, I encourage our American communities that continue to plan indefensible. The National Day of Remem- Nation’s educators to teach their youth about events surrounding this anniversary, further brance is an opportunity to learn from the les- these events in our Nation’s history. ensuring that future generations never forget sons of our past as we work for a better fu- In honor of the Japanese American, Ger- the mistakes of our past. These communities ture. I join Representatives HONDA, BECERRA, man American, and Italian American commu- continue the legacy of honoring their elders, WU, SCOTT, ABERCROMBIE, MATSUI, BORDALLO, nities within our Nation, let us never allow whose patriotism and courage during World HIRONO, and many of our colleagues for a Na- such unjust practices occur in this great Na- War II are a testament to the enduring loyalty tional Day of Remembrance on February 19. tion again. I urge my colleagues to join me in of ethnic minority Americans throughout this In these difficult times of war, as we face supporting H. Res. 122. country. the threat of terrorism, the lessons of that dark Ms. BORDALLO. Mr. Speaker, February 9th We also acknowledge through passage of House Resolution 122 the occurrence of an chapter are especially relevant today. As we marks the 65th anniversary of the signing of egregious infringement of American citizenship protect and defend the American people, we Executive Order 9066 by President Franklin rights. Passage of this resolution would pro- must protect and defend the Constitution and Delano Roosevelt, which authorized the forc- vide an official record of our hope and deter- the civil liberties that define our democracy. ible removal of 120,000 Japanese Ameri- mination that an act similar to this one is I join my colleagues, especially the Mem- cans—two-thirds of whom were United States never repeated in the future. The National Day bers of the Congressional Asian Pacific Amer- citizens and the remainder of whom were per- of Remembrance marks the beginning of the ican Caucus, who fight for justice and equality manent residents—living in the western United forced exodus of an entire ethnic minority from every day, to ensure that history is never re- States to internment camps throughout the the western United States and today we hope peated again. country. Today I rise in strong support of Ms. JACKSON-LEE of Texas. Mr. Speaker, House Resolution 122, which recognizes Feb- to transform it into a means of educating fu- I rise in support of H. Res. 122, which lends ruary 19th as the National Day of Remem- ture generations of the importance of civil lib- support to the goals of the Japanese Amer- brance of these acts of injustice committed erties, especially in times of war. Mr. Speaker, I thank the distinguished gen- ican, German American, and Italian American against Japanese Americans and of the cur- tleman from California and our Chairman of communities in recognizing a National Day of tailing of the rights of Italian and German the Congressional Asian Pacific American Remembrance to increase public awareness Americans in the United States. I urge my col- Caucus, Mr. HONDA, for his leadership in com- of the restriction, exclusion, and internment leagues’ support for this resolution. memorating the National Day of Remem- that these communities suffered during World Nearly 3 months after the Imperial Japanese brance on the occasion of the 65th anniver- War II. attack on Pearl Harbor precipitated the United sary of the signing of Executive Order 9066 In 1942, President Franklin D. Roosevelt States’ entrance into World War II, this execu- and for sponsoring this resolution. signed Executive Order 9066, requiring tive order led to the incarceration and reloca- Mr. BERMAN. Mr. Speaker, I yield 120,000 people of Japanese ancestry to be tion of loyal Americans of Japanese descent. back the balance of my time. removed forcibly from their homes and placed I stand here today to acknowledge the pain The SPEAKER pro tempore. The in internment camps—two-thirds of these were and suffering that they, along with many Italian question is on the motion offered by American citizens, none of which had ever Americans and German Americans, endured. the gentleman from California (Mr. The first of over 100,000 Japanese Ameri- shown disloyalty to the American cause. BERMAN) that the House suspend the Forced to live under harsh conditions, the last cans stripped of their rights as Americans by rules and agree to the resolution, H. internment camp closed four long years later. the authorities of Executive Order 9066 were Res. 122. A little known fact of this shameful history is those that resided on Bainbridge Island in the The question was taken. that Americans of German, Italian, Hungarian, State of Washington. They were given only 6 The SPEAKER pro tempore. In the Bulgarian, and Romanian descent were in- days to sell their belongings, close their busi- opinion of the Chair, two-thirds being terned as well. Further, those that escaped in- nesses, and pack-up their lives before they in the affirmative, the ayes have it. ternment often suffered from discrimination were resettled in internment camps elsewhere Mr. BERMAN. Mr. Speaker, on that I and prejudice at the hands of legislators and in the United States. And on the morning of demand the yeas and nays. their fellow citizens. March 30, 1942, these Americans were con- The yeas and nays were ordered. These innocent Americans were treated un- gregated at Eagledale Ferry Dock under The SPEAKER pro tempore. Pursu- justly by their own government during a time armed guard before being transported to an ant to clause 8 of rule XX and the of war, simply because of their national ori- internment camp. Friends and neighbors con- Chair’s prior announcement, further gins. Such maltreatment must not go verged as a symbolic gesture of unity and proceedings on this question will be unremembered. It is absolutely essential to re- support for these Japanese Americans who postponed.

VerDate Aug 31 2005 05:07 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.025 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1440 CONGRESSIONAL RECORD — HOUSE February 12, 2007 MESSAGES FROM THE PRESIDENT There was no objection. priately apologized for the tragic mis- Messages in writing from the Presi- Mr. BERMAN. Mr. Speaker, I yield take of President Roosevelt’s Execu- dent of the United States were commu- myself such time as I may consume. tive Order 9066, and it is reaffirming its nicated to the House by Mrs. Wanda Mr. Speaker, I rise in support of commitment, through this resolution Evans, one of his secretaries. House Resolution 109. We have been before us today, to never forget its mis- discussing in the previous resolution f takes lest they be repeated. Executive Order 9066. When President Mr. Speaker, I reserve the balance of RECOGNIZING THE HISTORICAL Roosevelt signed that order, approxi- my time. SIGNIFICANCE OF THE PINEDALE mately 120,000 Japanese Americans Mr. BERMAN. Mr. Speaker, I am ASSEMBLY CENTER were forced into internment camps, pleased to yield 3 minutes to my col- Mr. BERMAN. Mr. Speaker, I move leading to the loss of their livelihoods, league from California (Mr. HONDA). to suspend the rules and agree to the homes, and jobs. This action was the Mr. HONDA. Mr. Speaker, I want to resolution (H. Res. 109) recognizing the largest relocation of Americans in our thank Mr. BERMAN for his leadership. historical significance of the Pinedale history. Before being deported to per- I rise today in support of H. Res. 109, Assembly Center, the reporting site for manent camps in desolate areas and be- which recognizes the historical signifi- 4,823 Japanese Americans who were un- hind barbed wires, thousands of Japa- cance of the Pinedale Assembly Center, justly interned during World War II. nese Americans were temporarily held and I want to thank House leadership The Clerk read as follows: at assembly centers. Close to 5,000 Jap- for bringing two resolutions on the H. RES. 109 anese Americans reported to the floor today recognizing the important Whereas on February 19, 1942, President Pinedale Assembly Center in Fresno, historical aspects of the Japanese Franklin D. Roosevelt signed Executive California. American internment. I also want to Order 9066, which authorized the forced in- The Pinedale Assembly Center Me- thank Congressman COSTA for his lead- ternment of both United States citizens and morial Project Committee will estab- ership in introducing this very impor- legal resident aliens of Japanese ancestry during World War II; lish a memorial at that site, marking tant resolution. Whereas in the largest single relocation of the tragedy that occurred there. The Executive Order 9066 authorized the individuals in the United States in U.S. his- groundbreaking ceremony for the me- exclusion and internment of all Japa- tory, approximately 120,000 of these Japanese morial will take place in just a few nese Americans living on the west Americans were forced into internment days, on February 19, 2007, 65 years coast during World War II. As we rec- camps by the United States Government in after the signing of Executive Order ognize the Pinedale Assembly Center, I violation of their fundamental Constitu- 9066 and a day that the Japanese Amer- want us to place the internment period tional rights; Whereas due to this unjust internment, ican community most appropriately into a broader historical context rather these Japanese Americans faced tremendous recognizes as a national day of remem- than just focus on the plight of the hardships, such as the loss of their homes, brance. Japanese Americans during World War businesses, jobs, and dignity; H. Res. 109 recognizes the historical II. Whereas following Executive Order 9066, significance of the site. The site is a b 1545 Japanese Americans in parts of Washington, symbol of the injustices suffered by Oregon, California, and southern Arizona Japanese Americans during World War Our Nation has always battled the were ordered to report to assembly centers II and a reminder of how fragile our dueling sentiments of openness and before being removed to more permanent freedom on the one hand and apprehen- war relocation centers; civil liberties are in the face of fear, Whereas the Pinedale Assembly Center, lo- prejudice, and paranoia. I particularly sion and fear of perceived outsiders on cated in Fresno, California, was the report- want to commend my colleague, Rep- the other. Due to apprehension and ing site for 4,823 Japanese Americans; resentative COSTA of California, for in- fear when our economy took a down- Whereas February 19th, the anniversary of troducing this resolution. turn in the 1880s, the Asian community Executive Order 9066, is known as the Day of Mr. Speaker, I reserve the balance of became the target of politicians look- Remembrance; my time. ing for someone to blame. Whereas the Pinedale Assembly Center Me- Mr. ISSA. Mr. Speaker, I yield myself In 1882 the Congress passed the Chi- morial Project Committee is charged with nese Exclusion Act to keep out people the task of establishing a memorial to recog- such time as I may consume. nize the historic tragedy that took place at Mr. Speaker, I rise in support of H. of all Chinese origin. During World War the Pinedale Assembly Center; and Res. 109, recognizing the historical sig- II, Japanese Americans were the well- Whereas the ground-breaking ceremony for nificance of the Pinedale Assembly known target of the government’s sub- the memorial at the Pinedale Assembly Cen- Center, the reporting site for over 4,823 mission to apprehension and fear. ter will take place on February 19, 2007, the Americans of Japanese ancestry who During this time, 10,000 Italian Amer- 65th anniversary of Executive Order 9066: were unjustly interned during World icans were forced to relocate; 3,278 were Now, therefore, be it War II. incarcerated, while nearly 11,000 Ger- Resolved, That the House of Representa- tives recognizes the historical significance of The Pinedale Assembly Center is lo- man Americans were incarcerated. Ger- the Pinedale Assembly Center to the Nation cated 8 miles north of downtown Fres- man and Italian Americans were re- and the importance of an appropriate memo- no, California, on vacant land. It is a stricted during World War II by meas- rial at that site to serve as a place for re- stark place, as was the policy that was ures that branded them enemy aliens membering the hardships endured by Japa- supported by Executive Order 9066 and required identification cards, trav- nese Americans, so that the United States signed by President Franklin Delano el restrictions, seizure of personal will be reminded of the need to remain vigi- property as well. lant in protecting our Nation’s core values of Roosevelt to authorize the tragic in- equality, due process of law, and funda- ternment of Japanese Americans at the Our Federal Government has made mental fairness. beginning of World War II. amends for the fundamental violations The SPEAKER pro tempore. Pursu- The assembly center was encircled by of the basic rights of those of Japanese ant to the rule, the gentleman from a high chain-link fence, topped with ancestry that took place pursuant to California (Mr. BERMAN) and the gen- three rows of barbed wire, and it caged Executive Order 9066, but we must con- tleman from California (Mr. ISSA) each American citizens whose only crime tinue to learn from these events. In the will control 20 minutes. was their ancestry. Soldiers gave or- post-9/11 world, we need to protect our The Chair recognizes the gentleman ders to citizens who should have been Nation and our civil liberties more from California (Mr. BERMAN). free; livelihoods were put on hold; un- than ever. GENERAL LEAVE certainty and fear punctuated each As political leaders we must not fail Mr. BERMAN. Mr. Speaker, I ask day. Thousands of law-abiding citizens to uphold constitutional principles. unanimous consent that all Members who loved America and contributed to Mr. ISSA. Mr. Speaker, I yield myself have 5 legislative days to revise and ex- its strength had been trapped in end- 1 minute. tend their remarks. less rows of drab cell blocks. I would like to associate myself with The SPEAKER pro tempore. Is there The center serves as a symbol of the comments of Mr. HONDA. I think it objection to the request of the gen- America’s stumbling. But our country is very clear that you can’t remember tleman from California? has regained its footing. It has appro- 65 years ago with the resolution and

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.007 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1441 not have a permanent, physical site for affected one segment of our population, cated at 500 West Eisenhower Street in people to go to every day and realize the ramifications to all Americans are Rio Grande City, Texas, as the ‘‘Lino what internment meant. So I join with profound and no less relevant today as Perez, Jr. Post Office’’. my colleagues in supporting this reso- we wage war in Iraq. The Clerk read as follows: lution, urge its passage and recognize The constitutional rights of all H.R. 437 that this pairing of resolutions means Americans are in jeopardy if any group Be it enacted by the Senate and House of Rep- a great deal, because it is only with of citizens can be persecuted without resentatives of the United States of America in something that the public can visit 365 legal justification. We must all stand Congress assembled, days a year that we will, in fact, pre- vigilant and alert for any attempt by SECTION 1. LINO PEREZ, JR. POST OFFICE. any group, whether a small power (a) DESIGNATION.—The facility of the vent this from happening again. United States Postal Service located at 500 Mr. Speaker, I yield back the balance clique or the majority of Americans, to West Eisenhower Street in Rio Grande City, of my time. overstep the bounds of the law for mo- Texas, shall be known and designated as the Mr. BERMAN. Mr. Speaker, I am mentary expediency or even for claims ‘‘Lino Perez, Jr. Post Office’’. pleased to recognize our new colleague, of national security during war. The (b) REFERENCES.—Any reference in a law, the gentlelady from Hawaii (Ms. protection of our constitutional rights map, regulation, document, paper, or other HIRONO) for 5 minutes. of all of our citizens require continued record of the United States to the facility re- Ms. HIRONO. I thank the gentleman vigilance from all of us. ferred to in subsection (a) shall be deemed to for yielding time. be a reference to the ‘‘Lino Perez, Jr. Post Ms. JACKSON-LEE of Texas. Mr. Speaker, Office’’. Mr. Speaker, I rise today to speak in I rise in support of H. Res. 109, to recognize support of House Resolution 109. Today The SPEAKER pro tempore. Pursu- the historical significance of the Pinedale As- ant to the rule, the gentleman from we will be taking action on two related sembly Center in Fresno, California, the re- Massachusetts (Mr. LYNCH) and the measures, House Resolution 122, earlier porting site for 4,823 Japanese Americans debated, and this resolution. gentleman from California (Mr. ISSA) who were unjustly interned during World War each will control 20 minutes. One of the lowest points in American II. history occurred 65 years ago when the The Chair recognizes the gentleman It is fitting that a memorial will be estab- from Massachusetts. Constitution and civil rights of 120,000 lished at this historical location, especially on persons of Japanese ancestry were GENERAL LEAVE this year’s National Day of Remembrance. On Mr. LYNCH. Mr. Speaker, I ask unan- trampled upon by their own govern- that same day in 1942, President Franklin D. ment. Under the cloud of war, hysteria, imous consent that all Members may Roosevelt signed Executive Order 9066, re- have 5 legislative days within which to false rumors and racial bigotry fueled quiring 120,000 people of Japanese ancestry official misconduct that led to the up- revise and extend their remarks. to be removed forcibly from their homes and The SPEAKER pro tempore. Is there rooting of innocent aliens and citizens placed in internment camps—two-thirds of objection to the request of the gen- alike in one of the worst wholesale in- these were American citizens, none of which tleman from Massachusetts? fringements of constitutional rights in had ever shown disloyalty to the American There was no objection. the 20th century. cause. Forced to live under harsh conditions, Mr. LYNCH. Mr. Speaker, I yield my- As a consequence, thousands of per- the last internment camp closed four long self such time as I may consume. sons of Japanese ancestry were forced years later. Mr. Speaker, I am pleased to join my by their own government to dispose of These innocent Americans were treated un- colleagues in the consideration of H.R. their property, businesses, farms and justly by their own government during a time 437, legislation naming a postal facility possessions for pennies on the dollar, if of war, simply because of their national ori- in Rio Grande City, Texas, after the anything at all. Families were split up gins, and such an injustice must not go former postmaster of Rio Grande City, and sent to different relocation camps. unremembered. It is absolutely essential to re- Lino Perez, Jr. Educations were disrupted, and careers member the past mistakes of our government Lino Perez, Jr., was the 18-year-old abruptly terminated on only a few in an effort to avoid future ones. son of the mayor of the City of Rio days’ notice. Wholesale violations of In times of war it may be easy to get carried Grande, Texas, where he witnessed how basic constitutional rights were com- away and put labels on those around us, im- a breakdown in a government service mitted in the name of national secu- puting disloyalty to persons of different na- could disrupt the lives of nearly all of rity. Yet not a single act of sedition or tional origins or religious backgrounds. But as its beneficiaries. espionage by any of the evacuees was we saw in World War II, such assumptions are The City of Rio Grande, with a popu- ever proven in any court of law. frequently wrong, unjust, and can lead to dis- lation of over 2,000, was disincor- To the contrary, the historic exploits astrous consequences for a group of individ- porated in 1933 at the height of the of AJA in the 100th Battalion and 442nd uals. Great Depression over local businesses’ Regimental Combat Team in Europe I thank my colleague, Representative refusal to pay taxes, causing young and the MIS in the Pacific and Asia COSTA, for introducing this important legisla- Perez’s high school to lose its accred- proved that patriotism was not skin tion. We must never let such unjust practices ited status. deep. The psychological and emotional occur in this great Nation again. I urge my col- Thereafter, unable to complete in pain of this experience was so deep that leagues to join me in supporting H. Res. 109. school in town, Mr. Perez persevered many evacuees never talked about Mr. BERMAN. Mr. Speaker, I yield with his education, attending classes their experiences for decades. back the balance of my time. 100 miles away in Brownsville and Many who were directly affected by The SPEAKER pro tempore. The eventually receiving his diploma from the order live and work among us still. question is on the motion offered by a school in Austin. Mr. Perez’s father, A member of my own congressional the gentleman from California (Mr. Lino Perez, Sr., had served for 4 years staff, my deputy chief of staff, Susan BERMAN) that the House suspend the as the Democratic mayor of the now Kodani, was born in the Manzanar Re- rules and agree to the resolution, H. disbanded town of Rio Grande. Some location Camp. Her family was then re- Res. 109. might have feared that a town which located to Michigan, ironically to per- The question was taken; and (two- had financially defaulted and dis- mit her college-educated father to as- thirds being in the affirmative) the banded its government would suffer the sist in the war effort. rules were suspended and the resolu- fate of so many ghost towns in the Many more, of course, suffered per- tion was agreed to. western States, slowly fading from the sonal losses and tragedies more trau- A motion to reconsider was laid on map. matic and devastating. By recognizing the table. However, Mr. Perez, Sr., continued to the historic significance of the f look after his community, volunteering Pinedale Assembly Center and by ob- for the office of postmaster to his unin- serving the Day of Remembrance as LINO PEREZ, JR. POST OFFICE corporated neighbors. Mr. Perez, Sr., called for in earlier House Resolution Mr. LYNCH. Mr. Speaker, I move to put his son, Lino Perez, Jr., to work de- 122, we say to the Nation and our fellow suspend the rules and pass the bill livering letters that same year. citizens that America can never forget (H.R. 437) to designate the facility of Mr. Speaker, Lino Perez, Jr., suc- this horrible tragedy. While it directly the United States Postal Service lo- ceeded his father as postmaster of Rio

VerDate Aug 31 2005 05:07 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.030 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1442 CONGRESSIONAL RECORD — HOUSE February 12, 2007 Grande on New Year’s Eve, 1957. During Mr. Lino Perez, Jr., is a role model MIGUEL ANGEL GARCIA MENDEZ his first term, Mr. Perez improved serv- and a leader in south Texas, who POST OFFICE BUILDING ice to the growing downtown district helped ingrain a rich tradition of pub- Mr. LYNCH. Mr. Speaker, I move to and the surrounding rural areas of lic service in his community. Mr. Perez suspend the rules and pass the bill Starr County. Mr. Perez strove to fur- was born in Rio Grande City, Texas, in (H.R. 414) to designate the facility of ther serve the city by winning approval 1914. He attended high school in south the United States Postal Service lo- for a new post office building. Texas, as well as in Austin, and then cated at 60 Calle McKinley, West in The Perez family, senior, and then returned home to Rio Grande City Mayaguez, Puerto Rico, as the ‘‘Miguel junior, ran that post office in Rio shortly after graduation to begin his Angel Garcia Mendez Post Office Build- Grande from 1934 to 1975. Together, post office career. ing’’. they watched the town heal from eco- He first started with the United The Clerk read as follows: nomic stagnancy and grow in popu- States Post Office in 1934 under the lation throughout the century. H.R. 414 guidance of his father, who was then Be it enacted by the Senate and House of Rep- When Lino Perez, Jr., retired from the postmaster of Rio Grande City. the postal service, he continued his resentatives of the United States of America in Lino Perez, Jr., worked through the Congress assembled, public service as State warden, State ranks of the Rio Grande City Post Of- SECTION 1. MIGUEL ANGEL GARCIÁ ME´ NDEZ secretary and finally State treasurer of fice; and after two decades, 20 years, he POST OFFICE BUILDING. Texas. Lino Perez, Jr., learned from his was named postmaster for Rio Grande (a) DESIGNATION.—The facility of the father and, in turn, showed his town City. United States Postal Service located at 60 the strength of a community to weath- Under his leadership, the Rio Grande Calle McKinley, West in Mayaguez, Puerto er difficulty as one, and the power of Post Office was upgraded to a second- Rico, shall be known and designated as the ‘‘Miguel Angel Garcıá Meńdez Post Office letter carriers to knit the lives of their class post office. Mr. Perez also estab- fellow citizens together, to make all of Building’’. lished the city’s first mail delivery, (b) REFERENCES.—Any reference in a law, the neighbors’ stories into one story. created several rural routes in Starr Many local officials support naming map, regulation, document, paper, or other County, and helped lay that foundation record of the United States to the facility re- this post office after Lino Perez, Jr., for his community’s further progress. ferred to in subsection (a) shall be deemed to including the city mayor, the county In addition, Mr. Perez served several be a reference to the ‘‘Miguel Angel Garcıá judge, and the area’s State Representa- terms on the Starr County Hospital Meńdez Post Office Building’’. tive. Board of Directors, was actively in- The SPEAKER pro tempore. Pursu- Mr. Speaker, together with my col- ant to the rule, the gentleman from leagues, we urge the swift passage of volved in the Knights of Columbus, in- Massachusetts (Mr. LYNCH) and the this bill. cluding being Texas State deputy, the gentleman from California (Mr. ISSA) Mr. Speaker, I reserve the balance of highest Knights of Columbus position in Texas. After 41 years of loyal serv- each will control 20 minutes. my time. The Chair recognizes the gentleman Mr. ISSA. Mr. Speaker, I yield myself ice, Lino Perez retired from the Rio from Massachusetts. such time as I may consume. Grande Post Office. Forty-one years of Mr. Speaker, it is not uncommon in great service. GENERAL LEAVE this body to name post offices after Mr. Perez still resides in the region, Mr. LYNCH. Mr. Speaker, I ask unan- former Members of Congress, national is warmly remembered by his family, imous consent that all Members may figures, Presidents and the like. But it friends and community as a commu- have 5 legislative days in which to re- is incredibly appropriate today to nity leader. Lino Perez, Jr.’s service to vise and extend their remarks. name a post office after two genera- our country shall be remembered and The SPEAKER pro tempore. Is there tions of hard work on behalf of that celebrated through this small tribute, objection to the request of the gen- very post office. and I urge swift passage of this bill. tleman from Massachusetts? As a member of the Oversight and Again, I want to thank the gen- There was no objection. Government Reform Committee, I have tleman from California and the gen- Mr. LYNCH. Mr. Speaker, I yield my- managed many bills for post offices, tleman from Massachusetts. self as much time as I may consume. Mr. Speaker, I am pleased to join my and in my 6 years I have not seen a b 1600 more befitting naming of a post office. colleagues in this House in the consid- Because, in fact, it is this group of tire- Mr. ISSA. Mr. Speaker, I reserve the eration of H.R. 414, legislation naming less workers for the Federal Govern- balance of my time. a postal facility in Mayaguez, Puerto ment, often the butt of jokes, the post- Mr. LYNCH. Mr. Speaker, in conclu- Rico after the local politician, Miguel masters and the postmen and sion, we are indeed very proud that Angel Garcia Mendez. postwomen, that make sure that our this post office is being named after a Mr. Garcia Mendez proudly served bills, our letters, our correspondence, postal employee, a very proud family. the territory of Puerto Rico as the and, yes, our junk mail, are delivered On behalf of all the workers of the youngest Speaker of Puerto Rico’s to us. United States Postal Service, we want House of Representatives, serving be- I think this is among the most appro- to urge swift passage of this bill. tween 1932 and 1940. He later was elect- priate pieces of legislation that I have Mr. Speaker, I yield back the balance ed senator and founded the newspaper, had the opportunity to help manage. I of my time. El Imparcial. urge the passage of this. I urge the peo- Mr. ISSA. Mr. Speaker, I yield back Born in the town of Aguadilla on No- ple of this Congress to take note that the balance of my time. vember 17, 1902, Mr. Garcia Mendez be- we are, in fact, naming a post office The SPEAKER pro tempore. The came an attorney and successful busi- after a postman this one time. question is on the motion offered by nessman. During his political career, Mr. Speaker, I reserve the balance of the gentleman from Massachusetts he helped start the Republican State- my time. (Mr. LYNCH) that the House suspend hood Party, which was the predecessor Mr. LYNCH. Mr. Speaker, at this the rules and pass the bill, H.R. 437. of today’s New Progressive Party, in time I would like to yield for as much The question was taken. 1948. time as he may consume to my es- The SPEAKER pro tempore. In the Up until his death, he advocated for teemed colleague from Texas (Mr. opinion of the Chair, two-thirds being Puerto Rico statehood in the hope that CUELLAR). in the affirmative, the ayes have it. they would gain the right as American Mr. CUELLAR. I thank the gen- Mr. LYNCH. Mr. Speaker, on that I citizens to vote for President and to tleman from Massachusetts for his demand the yeas and nays. have a counted vote in the U.S. Con- kind words, and the gentleman also The yeas and nays were ordered. gress. from California for the kind words. The SPEAKER pro tempore. Pursu- Mr. Garcia Mendez passed away in Mr. Speaker, I rise in support of H.R. ant to clause 8 of rule XX and the November of 1998, and his dedication to 437, a bill to name the postal facility of Chair’s prior announcement, further service for all Puerto Ricans should be Rio Grande City, Texas, after Lino proceedings on this question will be remembered and celebrated with this Perez, Jr. postponed. small tribute.

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.032 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1443 Mr. Speaker, together with my col- H.R. 342 dent of the State Historical Society for leagues in the House, I urge the swift Be it enacted by the Senate and House of Rep- Missouri from 1956–1959. He was a Sun- passage of this bill. resentatives of the United States of America in day school teacher; active in the Boy Mr. Speaker, I reserve the balance of Congress assembled, Scouts of America, his Centenary my time. SECTION 1. RUSH HUDSON LIMBAUGH, SR. United Methodist Church, and the Sal- Mr. ISSA. Mr. Speaker, I yield myself UNITED STATES COURTHOUSE. vation Army. He died at his home on (a) DESIGNATION.—The United States court- such time as I may consume. April 8, 1996. house located at 555 Independence Street in Judge Limbaugh will be remembered Mr. Speaker, I urge the passage of Cape Girardeau, Missouri, shall be known H.R. 414. It is an appropriate naming of and designated as the ‘‘Rush Hudson as a brilliant attorney and a great a post office on behalf of a gentleman Limbaugh, Sr. United States Courthouse’’. American. I urge my colleagues to sup- who for 96 years was a champion of (b) REFERENCES.—Any reference in a law, port this bill. statehood for Puerto Rico. map, regulation, document, paper, or other Mr. Speaker, I reserve the balance of Puerto Rico is not just a territory, record of the United States to the United my time. Puerto Rico is in fact the largest of all States courthouse referred to in subsection Mr. LATOURETTE. Mr. Speaker, I (a) shall be deemed to be a reference to the yield myself such time as I may con- the territories, having a population ‘‘Rush Hudson Limbaugh, Sr. United States that would give it at least four Mem- sume. Courthouse’’. Mr. Speaker, I want to thank the bers of Congress if it were to become a The SPEAKER pro tempore. Pursu- chairman of the full committee, Mr. State. ant to the rule, the gentleman from OBERSTAR, for moving this legislation Although he never succeeded in Minnesota (Mr. OBERSTAR) and the gen- so expeditiously to the floor. H.R. 342 bringing statehood to Puerto Rico, he tleman from Ohio (Mr. LATOURETTE) was introduced by our colleague, Rep- kept the hope alive and the belief alive each will control 20 minutes. resentative JO ANN EMERSON of Mis- by the Puerto Rican people that in fact The Chair recognizes the gentleman souri, and it designates the United they were Americans, and that as from Minnesota. States courthouse located in Cape Americans one of their options would Girardeau, Missouri as the Rush H. be statehood. GENERAL LEAVE Mr. OBERSTAR. Mr. Speaker, I ask Limbaugh, Sr., United States Court- As a prominent businessman, he house. founded the Western Bank and was the unanimous consent that all Members may have 5 legislative days in which to I also want to commend Mrs. EMER- owner of a very prominent newspaper SON’s commitment to this legislation. in Puerto Rico. revise and extend their remarks and include extraneous material on the bill, She recognized Rush Limbaugh, Sr.’s He was born on November 17, 1902, tremendous record of public service and throughout his career he cham- H.R. 342. The SPEAKER pro tempore. Is there and has provided a fitting tribute for pioned many activities beyond state- one of the most remarkable figures in hood. He was one of the founders of the objection to the request of the gentleman from Minnesota? Missouri history. New Progressive Party. He served in This bill honors Rush Limbaugh, Sr., There was no objection. the Puerto Rico House of Representa- a remarkable lawyer whose awards and Mr. OBERSTAR. Mr. Speaker, I yield tives from 1932 to 1940, where he be- accomplishments over a legal career myself such time as I may consume. came the youngest Speaker and later that spanned eight decades are too nu- Mr. Speaker, I rise in support of H.R. was elected to the Senate. merous to count. We remember Mr. Mendez here today, 342, to designate the U.S. courthouse at Mr. Limbaugh was born in 1891. He and name this post office on behalf of 555 Independence Street, Cape attended school at a one-room school- him at the request of our Delegate Girardeau, Missouri, as the Rush Hud- house and excelled academically from son Limbaugh, Sr., U.S. Courthouse. from Puerto Rico, LUIS FORTUN˜ O, who the start. He attended the University unfortunately could not be here today, Judge Limbaugh was a leading figure of Missouri at Columbia and the Uni- but who in fact found this to be the in the legal profession, not only in Mis- versity of Missouri School of Law, pay- most appropriate person to name the souri, not just in the United States, ing his way through school by doing post office after because of his long but worldwide. He practiced law for carpentry work, working on a farm, years of service to the territory of over eight decades. At the age of 104, at waiting tables and firing furnaces. Puerto Rico and to the aspirations of the time of his death, he was still prac- After passing the bar in 1916, he was the Puerto Rican people. ticing law and was in fact the oldest admitted into the practice of law in Mr. Speaker, I yield back the balance practicing attorney in the United Missouri and immediately opened a law of my time. States. office in Cape Girardeau. Mr. LYNCH. Mr. Speaker, I yield He argued over 60 cases before the Limbaugh was known for being ex- back the balance of my time. Missouri Supreme Court, tried cases tremely hardworking and ethical; he The SPEAKER pro tempore. The before the Interstate Commerce Com- was also known for his fiery advocacy question is on the motion offered by mission, the Labor Board and the In- and ability to craft creative solutions. the gentleman from Massachusetts ternal Revenue Appellate Division. He President Reagan once remarked was city attorney for Cape Girardeau (Mr. LYNCH) that the House suspend that Limbaugh, Sr.’s contributions the rules and pass the bill, H.R. 414. from 1917 to 1919. In 1923, he started a read like a virtual who’s who of accom- The question was taken; and (two- law firm that bears his name to this plishment. His resume accurately de- thirds being in the affirmative) the day. picts the image of an extraordinary rules were suspended and the bill was From 1942 through 1946, he was Mis- man, superb lawyer and model citizen. passed. souri counsel for the War Emergency During his career, he tried more than A motion to reconsider was laid on Pipelines, which transported gasoline 60 cases before the Supreme Court of the table. from Texas and Louisiana to the east Missouri and acted as city attorney coast as part of our war effort. and general counsel of Cape Girardeau. f He was president of the Missouri Bar He was also a member of the advisory from 1955 through 1956, and served on a committee for the drafting of the Pro- RUSH HUDSON LIMBAUGH, SR., committee that drafted the Missouri bate Code of Missouri, president of the UNITED STATES COURTHOUSE Probate Court. In the early days of the Missouri Bar, and president of the Mr. OBERSTAR. Mr. Speaker, I move independence of India, the State De- State Historical Society. In his free to suspend the rules and pass the bill partment sent Judge Limbaugh to that time, he also taught Sunday school and (H.R. 342) to designate the United country to be an Ambassador for the served as a Boy Scout leader. States courthouse located at 555 Inde- U.S. legal system. Limbaugh, Sr. rose to national prom- pendence Street, Cape Girardeau, Mis- He was active in civic aspects of life; inence when he served as a representa- souri, as the ‘‘Rush Hudson Limbaugh, elected to the Missouri State legislative of the United States on a 6-week Sr., United States Courthouse,’’ as ture in 1932 and 1933, where he advo- lecture tour to the newly independent amended. cated for the formation of the Missouri India on constitutional government The Clerk read as follows: State Highway Patrol. He was presi- and the United States judicial system.

VerDate Aug 31 2005 05:07 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.036 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1444 CONGRESSIONAL RECORD — HOUSE February 12, 2007 Limbaugh, Sr. called Cape Girardeau and a system of jurisprudence for all Ameri- may have 5 legislative days in which to home. It is only fitting that we name cans that is the envy of the world. revise and extend their remarks and in- the new United States courthouse in Mr. OBERSTAR. Mr. Speaker, I yield clude extraneous material on the bill, his honor and recognize his accom- back the balance of my time. H.R. 798. plishments and dedication to his com- Mr. LATOURETTE. Mr. Speaker, I The SPEAKER pro tempore. Is there munity. yield back the balance of my time. objection to the request of the gen- Mr. Speaker, I support this legisla- The SPEAKER pro tempore. The tleman from Minnesota? tion and encourage my colleagues to do question is on the motion offered by There was no objection. the same. the gentleman from Minnesota (Mr. b 1615 I would indicate to my good friend, OBERSTAR) that the House suspend the the chairman of the full committee, rules and pass the bill, H.R. 342, as Mr. OBERSTAR. Mr. Speaker, I yield that I have no additional speakers. If amended. myself such time as I may consume. he is prepared to yield back, I would The question was taken; and (two- Over 30 years ago, Mr. Speaker, as a yield back my time. thirds being in the affirmative) the second-term Member of the House and Mr. OBERSTAR. I thank the gen- rules were suspended and the bill, as serving on the Public Works Com- tleman for his comments; he added sev- amended, was passed. mittee, as it was called then, and the eral items of which I was not aware The title of the bill was amended so Subcommittee of Public Buildings and about Judge Limbaugh’s distinguished as to read: ‘‘To designate the United Grounds, I heard an extraordinary career. States courthouse located at 555 Inde- presentation about the use of I, too, do join in expressing our ap- pendence Street in Cape Girardeau, photovoltaics in public buildings and preciation in the committee to Rep- Missouri, as the ‘Rush Hudson how, as a result of this study, energy resentative JO ANN EMERSON for her Limbaugh, Sr. United States Court- could be saved, burning of fossil fuels steadfast advocacy for this naming of house’.’’. could be avoided, and the Federal Gov- the courthouse, and also to Represent- A motion to reconsider was laid on ernment could save enormous amounts ative RUSS CARNAHAN and Representa- the table. of energy costs by using a then-new tive LACY CLAY, who also expressed technology known as photovoltaics. f their strong support for the legislation. I was so enthralled by the idea, I Mrs. EMERSON. Mr. Speaker, later this DIRECTING ADMINISTRATOR OF drafted legislation which I shared with year, Cape Girardeau, Missouri, will open a GENERAL SERVICES TO INSTALL my then-colleague in the Senate from new United States Federal Courthouse. Over A PHOTOVOLTAIC SYSTEM FOR the State of Minnesota, Senator Hu- the past many months, I have watched this THE HEADQUARTERS BUILDING bert Humphrey, who introduced the structure rise, due to the diligent efforts of OF THE DEPARTMENT OF EN- companion bill in the other body; and hundreds of skilled men and women working ERGY together we got the legislation en- tirelessly to give justice a new home in our re- Mr. OBERSTAR. Mr. Speaker, I move acted, signed by President Carter, gion. I am certainly thankful for their beautiful to suspend the rules and pass the bill funding for the first 3 years of a 3-year accomplishment, in the form of our new Court- (H.R. 798) to direct the Administrator investment by the Federal Government house. of General Services to install a photo- in converting Federal civilian office At the same time, we should reflect on the voltaic system for the headquarters space to photovoltaic energy. Unfortu- people who dedicated their lives to the con- building of the Department of Energy. nately, President Carter lost the elec- struction of a strong, vibrant and enduring rule The Clerk read as follows: tion. President Reagan came in and decided that the alternative energy proof law in our region and our Nation. H.R. 798 Rush Hudson Limbaugh, Sr. perfectly em- gram was an unnecessary investment Be it enacted by the Senate and House of Rep- of the Federal Government, and the en- bodies our respect for the law and love for our resentatives of the United States of America in communities. His practice of law for more than Congress assembled, tire alternative energy budget was de- leted. 80 years, from 1916 to 1996, is the stuff of SECTION 1. INSTALLATION OF PHOTOVOLTAIC legends. At the age of his death, the 104-year- SYSTEM AT DEPARTMENT OF EN- Years passed. Interest in photo- old resident of Cape Girardeau was still going ERGY HEADQUARTERS BUILDING. voltaic cells continued. Research and in to his office twice a week. He was the Na- (a) IN GENERAL.—The Administrator of development and testing and application’s oldest practicing attorney. General Services shall install a photovoltaic tion in the private marketplace, as The litany of legal accomplishments of Rush system, as set forth in the Sun Wall Design well as by government agencies, con- Hudson Limbaugh, Sr. cloud our memory of Project, for the headquarters building of the tinued and the cost of photovoltaics Department of Energy located at 1000 Inde- dropped from $1.75 a kilowatt hour in the man. He helped construct the Missouri pendence Avenue, Southwest, Washington, Probate Code and begin the Missouri Highway D.C., commonly known as the Forrestal 1977 to about 25 cents a kilowatt hour Patrol. He was sent to India to help shape the Building. today, compared to 7 cents produced by new legal code in that fledgling democracy. (b) FUNDING.—There shall be available conventional fossil fuel power centers. He advocated for the reach of the federal judi- from the Federal Buildings Fund established Well, I thought the time was ripe ciary to extend outside American urban cen- by section 592 of title 40, United States Code, again for us to make another effort at ters and into the rural parts of our great Na- $30,000,000 to carry out this section. Such having the Federal Government lead tion. sums shall be derived from the unobligated the way and being the template, being balance of amounts made available from the the exemplar in the marketplace for al- Yet he was more than an attorney—Rush Fund for fiscal year 2007, and prior fiscal Hudson Limbaugh, Sr. was also devoted to his years, for repairs and alterations and other ternative energy use and deployment family, his faith, and his community. He taught activities (excluding amounts made avail- and reducing its cost. Sunday School. He worked to help Cape able for the energy program). Such sums So the bill that is before us today, it Girardeau expand its commerce of goods as shall remain available until expended. was reported, we had a hearing and well as ideas. He devoted countless hours of (c) OBLIGATION OF FUNDS.—None of the markup in the subcommittee and his time to the Boy Scouts of America. We re- funds made available pursuant to subsection markup in the full committee to use member him as a good citizen as well as a (b) may be obligated prior to September 30, the Department of Energy head- 2007. good lawyer. quarters as the exemplary facility for It is safe to say that, of the many hours of The SPEAKER pro tempore. Pursu- the Nation in use of photovoltaics. The Rush Hudson Limbaugh, Sr.’s life, none of ant to the rule, the gentleman from Department of Energy building, just them were wasted. As we devote one hour of Minnesota (Mr. OBERSTAR) and the gen- down the street from the Capitol, on the United States House of Representatives to tleman from Ohio (Mr. LATOURETTE) Independence Avenue and what is also remember him, we are ensuring that Rush each will control 20 minutes. known as the Forestall Building. Hudson Limbaugh, Sr.’s legacy and example The Chair recognizes the gentleman In 1999, our then-Secretary of En- endure in the community he loved, on a build- from Minnesota. ergy, Bill Richardson, conducted a na- ing that carries on the work to which he was GENERAL LEAVE tional competition to get the best ar- dedicated: the American promises of liberty Mr. OBERSTAR. Mr. Speaker, I ask chitectural firms to develop a concep- and law, fundamental principles of fairness, unanimous consent that all Members tual design for a photovoltaic system

VerDate Aug 31 2005 05:07 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.038 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1445 to be installed on the south wall of the riculture does, also just down the guage directing the administrator of Department of Energy. Solarnet, the street, Independence Avenue. The Park GSA to install a photovoltaic system winning design, will transform that Service, the Forest Service, NOAA, on for the headquarters building was in- south wall, which was deliberately their weather buoys, the space program corporated into the energy policy act built in a solid face with no windows all use photovoltaics to gather infor- of 2005. and no doors. It will transform that mation, transmit. The Highway De- Mr. Speaker, one of the first things rather ugly, nondescript wall into this partments, on traffic monitoring signs, you learn as a new Member of the Con- very attractive piece that is depicted use photovoltaics, gathering elec- gress, and I believe the current occu- in the panels before us in the well of tricity during the day, storing it in pant of the chair is a new Member of the House. But that solar wall will gen- batteries and run those signs at night Congress, is that some of our col- erate 460,000 kilowatts of energy. It is off solar power. leagues know a little bit about a lot. 300 feet long, 130 feet high, will contain We are only addressing one project Some know a lot about a little. 24,750 square feet of power-generating today, but that could be multiples in When you join the Transportation panels. the future. And we are here doing what Committee, what you know about our The Federal Government is the larg- we can within our ability. It is not chairman is he knows a lot about a lot. est single consumer of energy in the going to solve all of the problems of And it is not a surprise, nor is it ever country. We are in a unique position to global climate change, but we have an a surprise when I go to a markup or a show the rest of the Nation how to con- obligation to do our part and to do hearing and hear Chairman OBERSTAR serve energy, how to be efficient in what we can within this committee. talk about the history of steel or the doing it, and to do so with our trust of Toward that end, I thank the gen- history of transportation, or the trans- management of Federal civilian office tleman from Ohio (Mr. LATOURETTE) continental railroad. One of my favor- space. for his participation through the sub- ites is always his focusing on 1956 and The Department of Energy estimated committee and then to the full com- the opening of the Wellend Canal and in 2005 that the cost of energy con- mittee. what that meant to those of us in the sumption of all forms by Federal agen- I thank our full committee ranking Great Lakes. cies was $14.5 billion; $5.5 billion of member, Mr. MICA, for his support and But what I didn’t know until I had that was spent on buildings and facili- initiative on this matter and moving the pleasure of chairing this sub- ties, meaning electricity. us to this point where we could pass committee two or three Congresses ago GSA, General Services Administra- this bill in the House. was that he was such an expert on pho- Mr. Speaker, I reserve the balance of tion, manages 387.7 million square feet tovoltaic electricity. And one of the my time. of non-military, non-postal civilian of- most pleasant hearings that I can re- Mr. LATOURETTE. Mr. Speaker, I fice space. It ought to set the stage, it yield myself such time as I might con- call having in that subcommittee was a ought to set the standard for the Na- sume. hearing on this subject matter and lis- tion in being energy efficient and re- Mr. Speaker, I want to congratulate, tening to the gentleman from Min- ducing the cost to the taxpayer of oper- again, the chairman of our full com- nesota expound on his 30-year quest. ating these Federal buildings. mittee, Mr. OBERSTAR, for not only And what I came away with from We ought to, also, change our man- being the author of this legislation, but that hearing, and again being the bene- agement of Federal office space both in for bringing it to the floor in such an ficiary of his great knowledge, was the the construction and in the leasing of expeditious manner. fact that if we had made the invest- those office facilities to life-cycle cost H.R. 798, introduced by Chairman ment that the gentleman is talking considerations, not just the lowest ini- OBERSTAR, directs the administrator of about in this bill today 30 years ago, tial cost of construction; but we are GSA to install a photovoltaic system we would be talking about comparable going to be the tenant, we are going to at the headquarters building for the rates of electricity generation. We be the owner of those facilities, tenant Department of Energy and authorizes wouldn’t be talking about 25 cents a in the leased operations and owner in appropriations to carry out the project. kilowatt hour. Perhaps we would be those that are outright owned by the I know, when the chairman speaks of down in the 3 to 7 cent range, and the Federal Government for as long as we his passion, of what he speaks; and I opportunity that has been wasted by are in there, and we ought to do the know he has been committed for over not, in fact, making that investment best that we can for the taxpayer, and 30 years to adding a solar energy com- back when the gentleman first came we ought to set the stage and help cre- ponent to the DOE headquarters build- forward with Senator Humphrey to ate a marketplace for production of ing. make this a reality. photovoltaics that will, in volume pro- The photovoltaic system authorized And so I hope that this becomes the duction, reduce their cost. by this bill to be installed at the De- first of many pieces of legislation that Photovoltaics are very simple department of Energy building was cho- the gentleman offers. And I will tell vices. The sun strikes a panel that has sen through a competitive process. In him that I will be supportive, not only lines of filament that create resist- 1999 the U.S. Department of Energy Na- of his present endeavor, but his future ance, transmit that resistance across a tional Renewable Energy Laboratory, endeavors as well. grid and collectively produce direct in cooperation with the American In- Again, I congratulate the gentleman current electricity that is then constitute of Architects and the Architec- for his 30-year pursuit of this goal, and verted into alternating current elec- tural Engineering Institute, sponsored I urge all of our colleagues to be sup- tricity. It can run all the lights, the a design competition to select the win- portive. elevators, the escalators, everything, ning sun wall design for the south wall Mr. Speaker, I reserve the balance of computers, everything that uses elec- of the new headquarters for the Depart- my time. tricity in the Department of Energy ment of Energy. The winning design, Mr. OBERSTAR. Mr. Speaker, I yield building, and have excess power at the called the Solarnet, was selected from myself 1 minute. end of the day to turn back into the 151 entries. The winning design, as the I am very deeply touched by the gen- Potomac Electric Power Company grid chairman has mentioned, is 300 feet tleman’s comments, Mr. Speaker. And so that the electric meter will run long, 130 feet high and incorporates I thank the gentleman for his thought- backwards at the Department of En- 24,750 square feet of power generating fulness and for his very much appre- ergy at the end of the day. That is panels. The DOE building was designed ciated comments about my service on what we ought to be doing. We can do and constructed to include a solar en- the committee and my work over the that. ergy system on the south wall, which many years. It is within our authority of this was never constructed. Currently, the I do recall the hearing that the gen- committee to set the stage for ad- south wall is just a big expanse of con- tleman chaired. He opened the hearing vances in technology. Already some 25 crete. H.R. 798 will complete what was to the subject of photovoltaics. I re- buildings of the Federal Government left unfinished. member that the gentleman did an nationwide use photovoltaics in one This project was previously author- enormous amount of homework, and he way or another. The Department of Ag- ized in the 109th Congress. Similar lan- came to the hearing and surprised me

VerDate Aug 31 2005 05:07 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.041 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1446 CONGRESSIONAL RECORD — HOUSE February 12, 2007 with a recitation of the evolution of fore country was cool, through her knows and was fond of working with photovoltaic cells and the different song, and I would say that you are very for so many years. Just to show how we types of materials that go into the pro- much a proponent of this legislation, a all come from different places, I no- duction of photovoltaic cells and their proponent of these things when it ticed that all the wildlife in Arkansas application in a wide diversity of uses. wasn’t cool. And as Mr. LATOURETTE was nervous when we were down there, The gentleman deserves enormous said, perhaps if we had done some of particularly the raccoons. And another credit in his own right for his studious those things many years ago, as you one of our colleagues, MARION BERRY, and thoughtful leadership on the com- were insisting then, we would be in was with us on that trip for the open- mittee and the several responsibilities much better shape from an energy ing of a new airport, and he indicated that he has held, economic develop- standpoint in our Nation today. that his largest fundraiser was a rac- ment and railroads and in the public Mr. OBERSTAR. Mr. Speaker, I yield coon roast. And I had not experienced buildings and grounds arena. myself such time as I may consume. that until he I had gone down to the Mr. Speaker, I reserve the balance of Again I thank the gentleman from gentleman’s district as well. my time. Arkansas for his thoughtfulness. And I I urge passage of the bill, and I thank Mr. LATOURETTE. Mr. Speaker, be- recall our very pleasant visit to his dis- the gentleman very much. fore yielding to our next speaker, I just trict on transportation and economic Mr. Speaker, I yield back the balance yield myself such time as I might con- development issues many years ago of my time. sume. And I would just tell the chair- when we saw so much of the progress Mr. OBERSTAR. Mr. Speaker, I hope man of the committee that I learned 12 that has been done through the Eco- no raccoons will be caught in the en- years ago that if I was going to be in nomic Development Administration, ergy wall because that is the sort of the same room with the gentleman, I the need for highway investments, for place that raccoons like to frequent. had to do my homework, and so it was which the gentleman has been a strong Again, I thank my colleagues for something that I knew I had to do. advocate. And I also remember a very their participation. special feeling, the presentation by the Mr. Speaker, it is my pleasure to Mr. Speaker, I yield back the balance Fort Smith Chamber of Commerce of a yield such time as he might consume of my time. to the gentleman from Arkansas (Mr. unique award: a noose. I don’t know The SPEAKER pro tempore. The BOOZMAN). what happened to it. I never did take question is on the motion offered by Mr. BOOZMAN. Mr. Speaker, I also possession of it to bring back with me, the gentleman from Minnesota (Mr. want to thank Chairman OBERSTAR for but someday I will make a return visit OBERSTAR) that the House suspend the bringing this legislation through com- to Fort Smith. There is a long story we rules and pass the bill, H.R. 798. mittee and to the floor in a very expe- need not describe in this setting about The question was taken; and (two- ditious way. Fort Smith and its role in the early I rise today in support of the com- days of territories and frontiers. thirds being in the affirmative) the monsense piece of legislation which I The sun wall design, as these posters rules were suspended and the bill was hope will serve as an example of work- describe it, will be a very attractive fa- passed. ing hard and smart toward energy inde- cility aesthetically but attractive A motion to reconsider was laid on pendence in America. energywise and more than a statement, the table. I have long been a proponent of this a demonstration by the Federal Gov- kind of affordable alternative lighting ernment, the leadership role that it f method, and energy production meth- can play and it should play in moving od, and have voted before for increases the Nation toward energy independ- EXPORTS TO CHINA—MESSAGE in using solar panels which produce no ence. FROM THE PRESIDENT OF THE air pollution or a single ounce of haz- The Department of Energy conducted UNITED STATES (H. DOC. NO. 110– ardous waste. an analysis some time ago of the po- 14) tential for photovoltaics and dem- As the leader in securing our energy The SPEAKER pro tempore laid be- onstrated that in a 100-mile by 100-mile independence and promoting safe and fore the House the following message square area of the Arizona desert, all effective energy alternatives, I fully from the President of the United the energy needs of the United States support the Department of Energy’s States; which was read and, together could be produced by photovoltaics. retrofitting of solar panels to reduce with the accompanying papers, without Well, we are making a start on that energy consumption and, in fact, retro- objection, referred to the Committee commitment with this legislation, fitting in other areas, Federal build- on Foreign Affairs and ordered to be moving in the right direction. It is long ings with more such that we can get printed: more efficient energy technology in overdue, but we are making that step place. I am confident that through the in the right direction. To the Congress of the United States: Department of Energy’s leadership in I thank my colleagues on the com- In accordance with the provisions of utilizing this lighting technology, the mittee, Chairman MICA for his willing- section 1512 of the Strom Thurmond United States, as a whole, can make ness to move ahead with this legisla- National Defense Authorization Act for significant progress towards greater tion; and the gentleman from Ohio for Fiscal Year 1999 (Public Law 105–261), I energy efficiency and independence. his thoughtful and studious advocacy hereby certify that the export to the All of us in this room have said our of the legislation; and Ms. NORTON, the People’s Republic of China of the fol- Nation needs to be more energy inde- Chair of our Public Buildings and Eco- lowing items is not detrimental to the pendent. nomic Development Subcommittee, for U.S. space launch industry, and that their participation in bringing the bill the material and equipment, including 1630 b to this point. any indirect technical benefit that There is no magic wand which will If there are no further speakers, if could be derived from such exports, make it so. It takes many steps to get the gentleman yields back, we will will not measurably improve the mis- to the end of the path we are traveling, yield back our time. sile or space launch capabilities of the and it will take many people to make Mr. LATOURETTE. Mr. Speaker, if I People’s Republic of China: this goal a reality. could just yield myself a moment to Twenty Honeywell model QA 750 Today we have the opportunity to close before yielding back my time. accelerometers to be incorporated into take another step down that path. I When the chairman was talking railway geometry measurement sys- urge my colleagues to give us the about Arkansas, I too had the pleasure tems for China’s Ministry of Railways. means to take this step by passing H.R. of being in Arkansas, I think, before Equipment and technology associ- 798. Mr. BOOZMAN was elected to the Con- ated with the production and testing of I also want to commend Chairman gress, when one of the Hutchinsons was composite components for Boeing com- OBERSTAR. Many years ago there was a in that seat, and I had the pleasure of mercial aircraft. country western song by Barbara meeting John Paul Hammerschmidt, GEORGE W. BUSH. Mandrell that said she was country be- whom I know that the gentleman THE WHITE HOUSE, February 11, 2007.

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.042 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1447 ECONOMIC REPORT—MESSAGE every American who buys health insur- RECESS FROM THE PRESIDENT OF THE ance, whether they get it through their The SPEAKER pro tempore. Pursu- UNITED STATES (H. DOC. NO. 110– jobs or on their own. In a changing ant to clause 12(a) of rule I, the Chair 2) economy, we need a health care system declares the House in recess until ap- The SPEAKER pro tempore laid be- that is flexible and consumer-oriented. proximately 6:30 p.m. today. With this reform, more than 100 mil- fore the House the following message Accordingly (at 4 o’clock and 43 min- lion Americans who are now covered by from the President of the United utes p.m.), the House stood in recess employer-provided insurance will ben- States; which was read and, together until approximately 6:30 p.m. efit from lower tax bills. Those who with the accompanying papers, without now purchase health insurance on their f objection, referred to the Joint Eco- own would save money on their taxes. nomic Committee and ordered to be Millions of others who now have no b 1830 printed: health insurance at all would find basic AFTER RECESS To the Congress of the United States: private coverage within their reach. Economic growth in the United My proposal also taps the innovation of The recess having expired, the House States has been above the historic av- States in making basic, affordable in- was called to order by the Speaker pro erage and faster than any other major surance available to all by creating Af- tempore (Mr. ALTMIRE) at 6 o’clock and industrialized economy in the world. fordable Choices grants to help ensure 30 minutes p.m. January was the 41st month of uninter- the poor and the sick have access to f rupted job growth produced by this private health insurance. economy, in an expansion that has thus Third, we must continue to diversify ANNOUNCEMENT BY THE SPEAKER far added more than 7.4 million new our energy supply to benefit our econ- PRO TEMPORE jobs. Unemployment is low, inflation is omy, national security, and environ- The SPEAKER pro tempore. Pursu- moderate, and real wages are rising. ment. In my State of the Union Mes- ant to clause 8 of rule XX, proceedings Our economy is on the move and we sage, I set an ambitious goal of reduc- will resume on motions to suspend the can keep it that way by continuing to ing gasoline usage in the United States rules previously postponed. pursue sound economic policy based on by 20 percent over the next 10 years. Votes will be taken in the following free-market principles. Meeting this goal will require signifi- order: Sound economic policy begins with cant changes in supply and demand, H. Res. 134, by the yeas and nays; low taxes. We should work together to but we should let the market decide H. Con. Res 44, by the yeas and nays. spend the taxpayers’ money wisely and the best mix of technologies and fuels Votes on motions to suspend the to tackle unfunded liabilities inherent to most efficiently attain it. On the rules with respect to H. Res 122 and in entitlement programs such as Social supply side, I propose a higher and re- H.R. 437 will be taken on a later date. Security, Medicare, and Medicaid. I formed fuel standard that would in- The first electronic vote will be con- have laid out a detailed plan in my clude renewable and other alternative ducted as a 15-minute vote. The second budget to restrain spending, cut ear- fuels. We should also allow environ- electronic vote will be conducted as a marks in half by the end of this ses- mentally friendly exploration of oil 5-minute vote. sion, and balance the budget by 2012 and natural gas. On the demand side, I f without raising taxes. The tax relief of propose enhancing Corporate Average the past few years has been a key in- Fuel Economy standards for cars and RECOGNIZING AND HONORING THE gredient in growing our economy, and extending the current rule for light EMPLOYEES OF THE DEPART- it should be made permanent. trucks, so that we can reduce the MENT OF HOMELAND SECURITY amount of gasoline that our passenger Our growing economy is dynamic. The SPEAKER pro tempore. The The rise of new technologies, new com- vehicles consume, and do so in a more efficient way. pending business is the question of sus- petition, and new markets abroad is pending the rules and agreeing to the changing how we do business. We need Fourth, a strong and vibrant education system is vital to maintaining resolution, H. Res. 134. to take action in four key areas to The Clerk read the title of the resolu- keep America’s economy flexible and our Nation’s competitive edge in the world and extending economic oppor- tion. dynamic. The SPEAKER pro tempore. The First, we must break down barriers tunity to every citizen here at home. Five years ago, we rose above partisan question is on the motion offered by to trade so our workers can sell more differences to enact the No Child Left the gentleman from Pennsylvania (Mr. goods and services to the 95 percent of Behind Act, preserving local control, CARNEY) that the House suspend the the world’s customers who live outside raising standards, holding schools ac- rules and agree to the resolution, H. of our borders. Global trade talks like countable for results, and providing Res. 134, on which the yeas and nays the Doha Round at the World Trade Or- more choice. This year, we must reau- are ordered. ganization have the potential to level thorize and strengthen this good law The vote was taken by electronic de- the playing field so that we can com- while preserving its core principles. vice, and there were—yeas 412, nays 0, pete on fair terms in foreign markets, Strong productivity growth underlies not voting 22, as follows: while helping lift millions of people our much of the good economic news from [Roll No. 93] of poverty around the world. the past few years and the policies dis- YEAS—412 The only way we can complete the cussed above. Productivity growth Doha Round and make headway on Abercrombie Berman Brady (TX) helps to increase our standards of liv- Ackerman Berry Braley (IA) other trade agreements is to extend ing and improve our international com- Aderholt Biggert Brown (SC) Trade Promotion Authority, which is petitiveness. To maintain this Akin Bilbray Brown, Corrine set to expire on July 1st. This author- Alexander Bilirakis Brown-Waite, progress, we must pursue a variety of Allen Bishop (GA) Ginny ity is essential to completing good pro-growth policies, including those Altmire Bishop (NY) Buchanan trade agreements. The Congress must contained in the American Competi- Andrews Bishop (UT) Burgess renew it if we are to improve our com- tiveness Initiative and comprehensive Arcuri Blackburn Burton (IN) petitiveness in the global economy. Baca Blumenauer Butterfield immigration reform. Bachmann Blunt Buyer Second, we must work to make pri- These and other issues are discussed Bachus Boehner Calvert vate health insurance more affordable in the 2007 Annual Report of the Coun- Baird Bonner Camp (MI) and to give patients more choices and cil of Economic Advisers. The Council Baker Bono Campbell (CA) Baldwin Boozman Cannon control over their health care. One of has prepared this Report to put into Barrett (SC) Boren Cantor the most promising ways to do this is broader context the economic issues Barrow Boswell Capito by reforming the tax code. We must that underlie my Administration’s pol- Bartlett (MD) Boucher Capps end the unfair bias against individuals Barton (TX) Boustany Capuano icy decisions. I commend it to you. Bean Boyd (FL) Cardoza who buy insurance on their own. I pro- GEORGE W. BUSH. Becerra Boyda (KS) Carnahan pose creating a standard deduction for THE WHITE HOUSE, February 2007. Berkley Brady (PA) Carney

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.046 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1448 CONGRESSIONAL RECORD — HOUSE February 12, 2007 Carson Hill Miller (NC) Souder Towns Weiner Castor Hodes Mollohan Carter Hinojosa Miller, Gary Space Turner Welch (VT) Chabot Holden Moore (KS) Castle Hirono Miller, George Spratt Udall (CO) Weldon (FL) Chandler Holt Moore (WI) Castor Hobson Mitchell Stark Udall (NM) Weller Clarke Honda Moran (KS) Chabot Hodes Mollohan Stearns Upton Westmoreland Clay Hooley Moran (VA) Chandler Holden Moore (KS) Stupak Van Hollen Wexler Cleaver Hoyer Murphy (CT) ´ Clarke Holt Moore (WI) Sullivan Velazquez Whitfield Clyburn Hulshof Murphy, Patrick Clay Honda Moran (KS) Sutton Visclosky Wicker Coble Hunter Murphy, Tim Tancredo Walberg Cleaver Hooley Moran (VA) Wilson (NM) Cohen Inglis (SC) Musgrave Tanner Walden (OR) Clyburn Hoyer Murphy (CT) Wilson (OH) Cole (OK) Inslee Myrick Coble Hulshof Murphy, Patrick Tauscher Walsh (NY) Wilson (SC) Conaway Israel Nadler Cohen Hunter Murphy, Tim Taylor Walz (MN) Conyers Issa Napolitano Wolf Cole (OK) Inglis (SC) Murtha Terry Wamp Cooper Jackson (IL) Neugebauer Woolsey Conaway Inslee Musgrave Thompson (CA) Wasserman Costa Jackson-Lee Nunes Wu Conyers Israel Myrick Thompson (MS) Schultz Costello (TX) Oberstar Cooper Issa Nadler Thornberry Waters Wynn Courtney Jefferson Obey Costa Jackson (IL) Napolitano Tiahrt Watson Yarmuth Crenshaw Jindal Olver Costello Jackson-Lee Neugebauer Tiberi Watt Young (AK) Crowley Johnson (GA) Ortiz Courtney (TX) Nunes Tierney Waxman Young (FL) Cubin Johnson, Sam Pallone Crenshaw Jefferson Oberstar NOT VOTING—22 Cuellar Jones (NC) Pascrell Crowley Jindal Obey Culberson Jones (OH) Pastor Cubin Johnson (GA) Olver Cramer Herger Neal (MA) Cummings Jordan Paul Cuellar Johnson, Sam Ortiz Davis, Jo Ann Hinchey Norwood Davis (AL) Kanjorski Payne Culberson Jones (NC) Pallone Doolittle Hoekstra Peterson (PA) Davis (CA) Kaptur Pearce Cummings Jones (OH) Pascrell Edwards Johnson (IL) Rush Davis (IL) Keller Pence Davis (AL) Jordan Pastor Ellison Johnson, E. B. Scott (GA) Davis (KY) Kennedy Perlmutter Davis (CA) Kanjorski Paul Ferguson Kagen Shimkus Davis, Lincoln Kildee Peterson (MN) Davis (IL) Kaptur Payne Gutierrez McKeon Davis, Tom Kilpatrick Petri Davis (KY) Keller Pearce Hastert Meeks (NY) Deal (GA) Kind Pickering Davis, David Kennedy Pence DeFazio King (IA) Pitts Davis, Lincoln Kildee Perlmutter b 1855 DeGette King (NY) Platts Davis, Tom Kilpatrick Peterson (MN) Delahunt Kingston Poe Deal (GA) Kind Petri Mr. CONAWAY and Mr. BERRY DeLauro Kirk Pomeroy DeFazio King (IA) Pickering changed their vote from ‘‘nay’’ to Dent Klein (FL) Porter DeGette King (NY) Pitts ‘‘yea.’’ Diaz-Balart, L. Kline (MN) Price (GA) Delahunt Kingston Platts So (two-thirds being in the affirma- Diaz-Balart, M. Knollenberg Price (NC) DeLauro Kirk Poe Dicks Kucinich Pryce (OH) Dent Klein (FL) Pomeroy tive) the rules were suspended and the Dingell Kuhl (NY) Putnam Diaz-Balart, L. Kline (MN) Porter resolution was agreed to. Doggett LaHood Radanovich Diaz-Balart, M. Knollenberg Price (GA) The result of the vote was announced Donnelly Lamborn Rahall Dicks Kucinich Price (NC) as above recorded. Doyle Lampson Ramstad Dingell Kuhl (NY) Pryce (OH) Drake Langevin Rangel Doggett LaHood Putnam A motion to reconsider was laid on Dreier Lantos Regula Donnelly Lamborn Radanovich the table. Duncan Larsen (WA) Rehberg Doyle Lampson Rahall Ehlers Larson (CT) Reichert Drake Langevin Ramstad f Ellsworth Latham Renzi Dreier Lantos Rangel Emanuel LaTourette Reyes Duncan Larsen (WA) Regula HONORING AND PRAISING THE Emerson Lee Reynolds Ehlers Larson (CT) Rehberg NAACP ON THE OCCASION OF ITS Engel Levin Rodriguez Ellsworth Latham Reichert 98TH ANNIVERSARY English (PA) Lewis (CA) Rogers (AL) Emanuel LaTourette Renzi Eshoo Lewis (GA) Rogers (KY) Emerson Lee Reyes The SPEAKER pro tempore. The Etheridge Lewis (KY) Rogers (MI) Engel Levin Reynolds pending business is the question of sus- Everett Linder Rohrabacher English (PA) Lewis (CA) Rodriguez Fallin Lipinski Ros-Lehtinen Eshoo Lewis (GA) Rogers (AL) pending the rules and agreeing to the Farr LoBiondo Roskam Etheridge Lewis (KY) Rogers (KY) concurrent resolution, H. Con. Res. 44. Fattah Loebsack Ross Everett Linder Rogers (MI) The Clerk read the title of the con- Feeney Lofgren, Zoe Rothman Fallin Lipinski Rohrabacher Filner Lowey Roybal-Allard Farr LoBiondo Ros-Lehtinen current resolution. Flake Lucas Royce Fattah Loebsack Roskam The SPEAKER pro tempore. The Forbes Lungren, Daniel Ruppersberger Feeney Lofgren, Zoe Ross question is on the motion offered by Fortenberry E. Ryan (OH) Filner Lowey Rothman the gentleman from California (Mr. Fossella Lynch Ryan (WI) Flake Lucas Roybal-Allard Foxx Mack Salazar Forbes Lungren, Daniel Royce BERMAN) that the House suspend the Frank (MA) Mahoney (FL) Sali Fortenberry E. Ruppersberger rules and agree to the concurrent reso- Franks (AZ) Maloney (NY) Sa´ nchez, Linda Fossella Lynch Ryan (OH) lution, H. Con. Res. 44, on which the Frelinghuysen Manzullo T. Foxx Mack Ryan (WI) Gallegly Marchant Sanchez, Loretta Frank (MA) Mahoney (FL) Salazar yeas and nays are ordered. Garrett (NJ) Markey Sarbanes Franks (AZ) Maloney (NY) Sali This will be a 5-minute vote. Gerlach Marshall Saxton Frelinghuysen Manzullo Sa´ nchez, Linda The vote was taken by electronic de- Giffords Matheson Schakowsky Gallegly Marchant T. vice, and there were—yeas 410, nays 0, Gilchrest Matsui Schiff Garrett (NJ) Markey Sanchez, Loretta Gillibrand McCarthy (CA) Schmidt Gerlach Marshall Sarbanes not voting 24, as follows: Gillmor McCarthy (NY) Schwartz Giffords Matheson Saxton [Roll No. 94] Gingrey McCaul (TX) Scott (VA) Gilchrest Matsui Schakowsky Gohmert McCollum (MN) Sensenbrenner Gillibrand McCarthy (CA) Schiff YEAS—410 Gonzalez McCotter Serrano Gillmor McCarthy (NY) Schmidt Abercrombie Berry Brown (SC) Goode McCrery Sessions Gingrey McCaul (TX) Schwartz Ackerman Biggert Brown, Corrine Goodlatte McDermott Sestak Gohmert McCollum (MN) Scott (VA) Aderholt Bilbray Brown-Waite, Gordon McGovern Shadegg Gonzalez McCotter Sensenbrenner Akin Bilirakis Ginny Granger McHenry Shays Goode McCrery Serrano Alexander Bishop (GA) Buchanan Graves McHugh Shea-Porter Goodlatte McDermott Sessions Allen Bishop (NY) Burgess Green, Al McIntyre Sherman Gordon McGovern Sestak Altmire Bishop (UT) Burton (IN) Green, Gene McMorris Shuler Granger McHenry Shadegg Andrews Blackburn Butterfield Grijalva Rodgers Shuster Graves McHugh Shays Arcuri Blumenauer Buyer Hall (NY) McNerney Simpson Green, Al McIntyre Shea-Porter Baca Blunt Calvert Hall (TX) McNulty Sires Green, Gene McMorris Sherman Bachmann Boehner Camp (MI) Hare Meehan Skelton Grijalva Rodgers Shuler Bachus Bonner Campbell (CA) Harman Meek (FL) Slaughter Hall (NY) McNerney Shuster Baird Bono Cannon Hastings (FL) Melancon Smith (NE) Hall (TX) McNulty Simpson Baker Boozman Cantor Hastings (WA) Mica Smith (NJ) Hare Meehan Sires Baldwin Boren Capito Hayes Michaud Smith (TX) Harman Meek (FL) Skelton Barrett (SC) Boswell Capps Heller Millender- Smith (WA) Hastings (FL) Melancon Slaughter Barrow Boucher Capuano Hensarling McDonald Snyder Hastings (WA) Mica Smith (NE) Bartlett (MD) Boustany Cardoza Herseth Miller (FL) Solis Hayes Michaud Smith (NJ) Barton (TX) Boyd (FL) Carnahan Higgins Miller (MI) Souder Heller Millender- Smith (TX) Bean Boyda (KS) Carney Hill Miller (NC) Space Hensarling McDonald Smith (WA) Becerra Brady (PA) Carson Hinojosa Miller, Gary Spratt Herseth Miller (FL) Snyder Berkley Brady (TX) Carter Hirono Miller, George Stark Higgins Miller (MI) Solis Berman Braley (IA) Castle Hobson Mitchell Stearns

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.021 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1449 Stupak Udall (NM) Welch (VT) Zebulon, North Carolina, which cele- IN MEMORY OF U.S. ARMY SPE- Sullivan Upton Weldon (FL) Sutton Van Hollen Weller brates its 100th birthday this year. CIALIST CARLA JANE STEWART Tancredo Vela´ zquez Westmoreland Zebulon was founded on February 16, (Mr. SCHIFF asked and was given Tanner Visclosky Wexler 1907, and was named to honor Zebulon permission to address the House for 1 Tauscher Walberg Whitfield Baird Vance, North Carolina’s Gov- Taylor Walden (OR) Wicker minute and to revise and extend his re- Terry Walsh (NY) Wilson (NM) ernor during the Civil War. Governor marks.) Thompson (CA) Walz (MN) Wilson (OH) Vance insisted, even in the midst of Mr. SCHIFF. Mr. Speaker, I rise Thompson (MS) Wamp Wilson (SC) confusion and destruction of the Civil today to honor the memory of my con- Thornberry Wasserman Wolf Tiahrt Schultz Woolsey War, on maintaining the rule of law. stituent, Army Specialist Carla Jane Tiberi Waters Wu North Carolina courts continued to Stewart of the 250th Transportation Tierney Watson Wynn function throughout the war, and Company based in El Monte, Cali- Towns Watt Yarmuth North Carolina was the only State that Turner Waxman Young (AK) fornia. Specialist Stewart was killed in Udall (CO) Weiner Young (FL) never suspended the writ of habeas cor- action on January 28, 2007 in Tallil, pus. NOT VOTING—24 Iraq, when her military convoy vehicle Some of the early businesses in the overturned. Cramer Hastert Meeks (NY) town of Zebulon belonged to African Davis, David Herger Murtha Carla was born in La Canada Davis, Jo Ann Hinchey Neal (MA) American residents, like Surratt Dil- Flintridge, California to an Armenian Doolittle Hoekstra Norwood lard, who owned the town’s first res- American family. Her father, Edmond Edwards Johnson (IL) Peterson (PA) taurant. The Wakelon School Building Aprahamian, a former Marine, and her Ellison Johnson, E. B. Rush Ferguson Kagen Scott (GA) was built in 1909, telephones came to mother, Emmy Aprahamian, are proud Gutierrez McKeon Shimkus the town in 1911, and the first electric parents who will cherish the memory light system was installed in 1916. of their daughter who chose to enlist in b 1905 Today, some of the Nation’s leading the U.S. Army at the age of 35. After So (two-thirds being in the affirma- companies have chosen Zebulon as the completing her basic training at Fort tive) the rules were suspended and the place to do business. Jackson, South Carolina, she told her concurrent resolution was agreed to. In the past 100 years, the town size family and friends that if her unit was The result of the vote was announced has grown by nearly 10 times, and near- not deployed to Iraq, that she would as above recorded. ly 5,000 folks now call Zebulon home. volunteer to go. As it turned out, the A motion to reconsider was laid on I join the residents of Zebulon in 250th was deployed to Iraq last year the table. their centennial celebration and I con- and is due to return home in March. f tinue to work on the town’s behalf. Carla learned mechanical drafting alongside her father. Her family and PERSONAL EXPLANATION f friends have spoken with reverence of Mr. GUTIERREZ. Mr. Speaker, I was un- her distinctive commitment to duty, avoidably absent from this Chamber today. CONGRESSIONAL INACTION JEOP- her dedication to her unit, her love of Had I been present, I would have voted ‘‘yea’’ ARDIZES ILLEGAL DRUG EN- country and family. According to her on rollcall votes 93 and 94. FORCEMENT IN WHEELER COUN- father, Carla always had a smile. She TY was a small woman; her unit called her f Stewart Little, but she was gutsy and (Mr. WALDEN of Oregon asked and PERSONAL EXPLANATION in every other way giant. was given permission to address the It takes a special commitment to Mr. ELLISON. Mr. Speaker, on rollcall Nos. House for 1 minute and to revise and volunteer for military service in a time 93 and 94, for travel reasons I was unable to extend his remarks.) of war, and even greater devotion to be present for the vote. Had I been present, Mr. WALDEN of Oregon. Mr. Speak- country to do so at the age of 35, a time I would have voted ‘‘yea’’ on both. er, Congress still has not passed the Se- when most of us have put aside f cure Rural Schools and Community thoughts of abandoning the comfort of Self Determination Act reauthoriza- ELECTION OF MINORITY MEMBERS home to take up arms in the fight for tion. So what does that mean? For liberty and freedom. Specialist Carla TO COMMITTEE ON STANDARDS Wheeler County, Oregon, it means the OF OFFICIAL CONDUCT Jane Stewart did both, and on behalf of sheriff’s department will lay off a quar- the United States House of Representa- Mr. PUTNAM. Mr. Speaker, by direc- ter of their workforce. Now, the force tives, we honor her memory. tion of the Republican Conference, I is only four deputies, four deputies in- f offer a privileged resolution H. Res. cluding the sheriff, but they are re- 153) and ask for its immediate consider- sponsible for patrolling 1,833 square RECOGNIZING STAX RECORDS FOR ation. miles. That is an area 30 times the size ENRICHING THE NATION’S CUL- The Clerk read the resolution, as fol- of the District of Columbia. TURAL LIFE WITH ‘‘50 YEARS OF lows: Last year, a deputy found 6,000 mari- SOUL’’ H. RES. 153 juana plants worth over $19 million (Mr. COHEN asked and was given per- Resolved, That the following named mem- spread over a quarter of a mile of Fed- mission to address the House for 1 bers be and are hereby elected to the fol- eral land. This operation was financed minute.) lowing standing committee of the House of by Mexican drug cartels and cultivated Mr. COHEN. Mr. Speaker, I rise to in- Representatives: by illegal aliens. troduce a resolution honoring Stax (1) COMMITTEE ON STANDARDS OF OFFICIAL When my office inquired further, we Records. CONDUCT.—Mr. Bonner, Mr. Barrett of South found out that the deputy of Wheeler Soul music is a uniquely American Carolina, Mr. Kline, and Mr. McCaul of County who was out patrolling was art form that has enriched the Nation’s Texas. doing so on horseback on your Federal cultural life. Indeed, its profound influ- The resolution was agreed to. lands. That is where he is protecting ences over popular music continues to A motion to reconsider was laid on America from drug cartels and those be heard on today’s music. the table. that push this on our kids. Stax Records, founded in Memphis 50 f The sheriff says, ‘‘Cutting these years ago, played a crucial role in soul funds will increase criminal activity on music’s rise to prominence. As such, it ZEBULON, NORTH CAROLINA our Federal lands.’’ is an icon of the American recording (Mr. MILLER of North Carolina The county judge says, ‘‘County pay- industry. In fact, its iconic status was asked and was given permission to ad- ments has been our savior.’’ And this recognized by NARAS last night during dress the House for 1 minute.) Congress, this Congress and the last the Grammys, when Stax legends Mr. MILLER of North Carolina. Mr. one, have failed to reauthorize county Booker T. and the M.G.’s and their Speaker, tonight I rise to pay tribute payments. Green Onions, and Stax co-founder Es- to ‘‘The Town of Friendly People,’’ It is time you pass H.R. 17. telle Axton were honored.

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.013 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1450 CONGRESSIONAL RECORD — HOUSE February 12, 2007 Isaac Hayes, Otis Redding, the Staple fire at them. They thought he had a the assurance of action from Pakistan. Singers, Wilson Pickett, Luther weapon. As I have stated before, assurances of Ingram, Albert King, the Bar-Kays, b 1915 action are exactly what the United Johnnie Taylor, and Rufus and Carla States must demand from Pakistan at Thomas are just a few of the many Mr. Speaker, the sad thing is that this time. singers and musicians who started at Agent Ramos 2 weeks ago was beaten President Musharraf has acknowl- Stax. in a Federal prison. These men, their edged that his country’s Frontier This year, the Memphis Convention lives are at stake, and we call upon the Guards have allowed insurgents to pass and Visitors Bureau, Concord Music White House to look seriously at this freely at the border shared by Afghani- Group, Stax Records, and the Soulful case. stan and Pakistan. If the Pakistani Foundation will be celebrating both We think there are legal questions as President is fully aware of Taliban in- Memphis soul music, American soul to the indictment and to the process surgents crossing the border, why is he music, and the 50th anniversary of itself. We would like for the White not taking the necessary steps to bring Stax’s founding. Therefore, I am intro- House and the Attorney General’s of- an end to these violations? ducing this resolution today to recog- fice to look seriously at whether these Mr. Speaker, in Afghanistan the nize Stax’s and soul music’s enormous men should at least be given some type Taliban seems to be ramping up its ef- contribution to America’s cultural fab- of pardon while their hearings are forts and possibly planning a spring of- ric, and ask my colleagues, including being heard. But we are calling on the fensive. Last week in a speech on the Congressman MILLER, to recognize White House to please look seriously at House floor, I mentioned a town in Memphis and soul music. giving these two men an opportunity southern Afghanistan, Musa Qala, for pardon, because I do not know how which has been overrun by forces de- f we can say to the American people that spite a peace deal brokered between SPECIAL ORDERS our law enforcement, who are trying to local leaders and NATO-led forces. This The SPEAKER pro tempore (Mr. protect this country from those who deal called for the local leaders to take ALTMIRE). Under the Speaker’s an- are invading this country, whether control of the town and ensure that nounced policy of January 18, 2007, and they be from Canada and Mexico, and Taliban fighters not create a strong- under a previous order of the House, yet with our border agents do the best hold in the area. the following Members will be recog- job they can under very, very difficult Unfortunately, these deals failed, and nized for 5 minutes each. situations, then they end up spending this week it has been reported that roughly 1,500 families have fled Musa f 11 and 12 years in Federal prison. Again, in closing, and I will be clos- Qala and, as an anonymous Taliban UNITED STATES BORDER PATROL ing, we are asking the administration commander has claimed, there are AGENTS CAMPION AND RAMOS to look carefully at the possibility of a thousands of Taliban in the region pre- The SPEAKER pro tempore. Under a pardon. There are many Members of paring for a possible attack by United previous order of the House, the gen- the House, both Republican and Demo- States or NATO forces. tleman from North Carolina (Mr. crat, that are concerned about this Now, it is extremely important for JONES) is recognized for 5 minutes. case. the United States to step up its efforts in this deteriorating country. Of par- Mr. JONES of North Carolina. Mr. In fact, today, Senator FEINSTEIN Speaker, tonight I won’t take nearly from California, a Democrat, called ticular significance is the alarming rate at which the opium trade is grow- the 5 minutes that I have allotted, but upon Mr. LEAHY, chairman of the Judi- ing in Afghanistan. According to the I and many Members of the House have ciary Committee, to look into this U.N. Office on Drugs and Crime, opium been trying to help two border agents, case. poppy production reached a record 6,100 Border Agent Campion, and Border Mr. Speaker, with that, I will close metric tons last year, and this is 49 Agent Ramos, who are now serving 1 to by asking the President to please show 11 years in Federal prison, the other for percent greater than the total in 2005. the families of Mr. Compean and Mr. Corruption is rampant within the 12 years in Federal prison for shooting Ramos that justice does prevail in opium trade, and the Taliban not only a drug smuggler. America if you are trying to defend the profit by selling and trading the opium, What makes this so sad, quite frank- Constitution and defend the people of but also through providing protection ly, Mr. Speaker, is these men have had America. to opium farmers and traders. Corrup- a wonderful record of serving the f tion is so pervasive that police chief American people on the borders of this posts in poppy-growing districts are country, trying to help defend America OPIUM TRAFFICKING IN AFGHANISTAN auctioned off for as much as $100,000 for from those who want to come to this a 6-month appointment. country illegally, and especially those The SPEAKER pro tempore. Under a While these police chiefs will only who have drugs or may be terrorists, previous order of the House, the gen- make $60 a month, they know the kick- quite frankly. tleman from New Jersey (Mr. PALLONE) backs they will receive from working But these two men were found guilty is recognized for 5 minutes. with the opium farmers and the in a Federal court, and I am afraid that Mr. PALLONE. Mr. Speaker, as this Taliban will be extremely financially all the information that could have body plans to debate tomorrow the on- rewarding. Now, some claim that the been used to help these two men not go going war in Iraq, I come to the floor U.S. and NATO should simply fly over to prison was under seal. That is a this evening to discuss what I feel is Afghanistan and spray chemicals over legal issue, and I won’t speak to that, the forgotten war, the United States’ all the opium fields to destroy the but I will say that I want the people to war on terror in Afghanistan. crops; but not only will this cause envi- know tonight, my colleagues here in I have stressed on numerous occa- ronmental and health damage, but it the House, that the drug smuggler who sions the importance of the United will also raise the price of opium and had a record of smuggling drugs from States not losing sight of the real front drive farmers towards the Taliban in- Mexico to America was the one that in the war on terror in Afghanistan. surgents. they shot when he was trying to escape Too often, the Bush administration has What the U.S. should do instead is after his van crashed with 743 pounds of placed all of its efforts into fighting use the additional aid that it plans to marijuana. These men thought they the war in Iraq while the Taliban and send to Afghanistan this year to bol- were doing their duty for this country, al Qaeda increased their presence in ster rural development in poppy-grow- and therefore they shot at this drug Afghanistan and western Pakistan. ing areas. This money must also be smuggler as he was leaving. The bullet It was promising to see Secretary of used to create new rural industries so actually went through the buttocks State Robert Gates visit Pakistan this the farmers will have options other and went out, and according to the weekend to meet with Pakistani Presi- than growing poppy and participating medical examiner that meant that he dent Musharraf. Unfortunately, Sec- in the illicit opium trade. was turned like he was going to face retary Gates stated that the meeting The main goal of U.S. efforts to them and possibly, if he had a weapon, was, and I quote, not aimed at securing eradicate the illicit opium trade should

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.053 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1451 be to target illegal drug traffickers and hands and feet together with stereo President Bush’s plan to escalate the corrupt officials such as police chiefs. wire. He went out into the yard, he dug occupation of Iraq, and it will be a Our government must couple this with a hole, he came back into the house, clean up or down vote. aid to the rural poor in Afghanistan in his own home, put two trash bags over I commend the Democratic leader- order to provide financial alternatives Jessica Lunsford, picked her up and ship for providing a time for every sin- to the illicit opium trade. threw her in the hole. Yes, he buried gle Member of this body to come to the Mr. Speaker, as my colleagues and I that 9-year-old girl alive. floor and have their say. If you support debate the merits of the President’s When she was found several days escalation, you vote ‘‘yes.’’ If not, you plan to escalate the war in Iraq, which later, she had poked her fingers vote ‘‘no.’’ I will support the legisla- I oppose, it is important for us not to through the plastic bags seeking the tion as a very important first step in forget where the real war on terror air of freedom, freedom that never this debate. continues today in Afghanistan. The came. Couey admitted everything that But after that, Congress must go on United States must intensify its rede- I just told you to the police, in every record in opposition of the war in gen- velopment efforts in Afghanistan as an detail. eral. First we have to go on record in alternative to the opium trade, which But while he was confessing to these opposition of escalation, and then we is only providing further financial horrors he inflicted on Jessica, he must change our course and lay out a backing for the Taliban-led insurgency. asked for a lawyer. Unfortunately, the plan to bring our troops home. There f police ignored his request, and this have been many, many ideas, both in- would cause Couey’s confession to be side and outside of Congress, to plan A LITTLE GIRL’S DAY IN COURT inadmissible as evidence against him. for an end to this occupation of Iraq. The SPEAKER pro tempore. Under a You see, when a defendant asks for a Few are as comprehensive as H.R. previous order of the House, the gen- lawyer, he must be given one right 508, the Bring the Troops Home and tleman from Texas (Mr. POE) is recog- away or the statements he makes will Iraq Sovereignty Act. I introduced this nized for 5 minutes. not be admissible in court. bill last month and have 34, 35 cospon- Mr. POE. Mr. Speaker, 9-year-old However, even without this confes- sors today, with more interest ex- Jessica Lunsford was a bright, talented sion, there is a lot of evidence against pressed every single day. and energetic little girl. She lived with Couey to prove his guilt. After 2 years H.R. 508 will end the occupation of her father, Mark, who was a single par- and several delays, Couey is standing Iraq within 6 months of passage. It will ent, trying to raise three children. He trial for his evil deeds. Today, John accelerate the training and equipping also lived with her grandparents, Couey is sitting in a Miami courthouse of Iraqi military and security forces Mark’s parents, who loved her as much. as jury selection begins. Twelve men while preparing to bring our troops and Jessica was a great kid. Everybody and women are being asked to decide contractors out of Iraq safely. thought the world of her, and she took his guilt in his crime against this little It will commit to working with the care of the family just like they took girl. international community to assist the care of her. Jessica has been needing justice for 2 Iraqis in rebuilding and in reconcili- Mark even moved to Florida to pro- years. Her family has been waiting for ation if they agree and want us to be tect his children, thinking they would 2 years for this justice. As a father of there. H.R. 508 will fully fund the be safer in south Florida than they three girls and three granddaughters, I health care commitment to our return- were where they lived. That is when know how important little girls are to ing veterans. Additionally, the bill re- the tragedy began. Almost 2 years ago, a father like Mark Lunsford, and he vokes the President’s Iraq war powers, on the evening of February 23, 2005, the has lost his little girl. prevents the establishment of perma- Lunsfords lives were changed forever. You know, as a society, as a culture, nent bases in Iraq, and returns the oil Among the shadows of a warm Flor- as a Nation, we are never going to be rights to the Iraqi people. ida night, there was a perpetrator run- judged by the way we treat the rich, We owe it to our brave men and brave ning loose. He was stalking the the famous, the powerful, the impor- women in uniform and to the Iraqi peo- Lunsford home, and he was watching 9- tant folks. We will be judged by the ple to bring our troops home now. Let year-old Jessica Lunsford for several way we treat the weak, the innocent, us be honest, the Iraqis don’t want us days. He waited till everyone in the the elderly, and, yes, the children, the there. They view us as an occupying house was asleep, and the outlaw in the Jessicas of the world. force. They want to be strengthening middle of the night snuck into the So the State of Florida and this jury their security forces, and they want to Lunsford home, crept down a darkened need to give John Couey, sex offender, establish a reliable and dependable in- hallway, and kidnapped Jessica child killer, his day in court. When the frastructure and provide for their most Lunsford from the safety of her open evidence is in, hopefully the words of basic needs like sanitation, health home in the middle of the night. this country song will ring true when it care, and education. The search for Jessica, 9-year-old says: ‘‘A man had to answer for the We can assist them; but in the end, happy girl, went on for several weeks. wicked that he done,’’ because ‘‘justice Iraq must belong to the Iraqi people. Hundreds of volunteers were involved. is the one thing you should always Having learned from our past, we will Finally, a neighbor, and repeat sex of- find. You got to draw a hard line’’ in never turn our backs on the returning fender, John Couey, was arrested for the sand. ‘‘We got too many gangsters troops, those who have been put in an her murder. doing dirty deeds. We’ve got too much unimaginable position. They have seen Couey was a registered sex offender, corruption, too much crime in the death; they have seen destruction up but, of course, he was on the lam. He streets. It’s time the long arm of the close, in a way many of us will never had run. He had disappeared. Couey law put a few more in the ground,’’ be- understand. They are returning with confirmed what the police had already cause justice is the one thing you scars, both visible and invisible. The suspected against him, and he had kid- should always find. least we can do is fulfill our commit- napped Jessica. He sexually assaulted And that’s just the way it is. ment to them by fully funding the her numerous times, and he held her f medical services they have been prom- captive for several days. ised. This is not a gift we are giving Mr. Speaker, when he was not abus- BRING OUR TROOPS HOME them. This is a right, this is an entitle- ing this little girl, he stuffed her in a The SPEAKER pro tempore. Under a ment. closet. Then when he was ready to previous order of the House, the gentle- So I rise tonight, and I will rise again abuse her again, he would pull her out woman from California (Ms. WOOLSEY) during the three days of debate to sig- and have his way with her. is recognized for 5 minutes. nal my support for the upcoming reso- When he realized that the sheriff’s Ms. WOOLSEY. Mr. Speaker, tomor- lution as a very important first step: department was out to get him, knew row this House will begin a debate on my support for the troops and their that he was the culprit, he decided he Iraq. This is the first of a series of de- promised benefits, my support for the had to remove the evidence, this little bates that we must have on the House American people, who want our troops girl. So he tied Jessica Lunsford’s floor. It is a resolution. It reflects home.

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.055 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1452 CONGRESSIONAL RECORD — HOUSE February 12, 2007 b 1930 He was no threat to us at all. As the NEGATIVE IMPACTS OF PRESI- The SPEAKER pro tempore (Mr. conservative columnist Charley Reese DENT BUSH’S BUDGET ON NEW ALTMIRE). Under a previous order of has written several times, Iraq did not YORK the House, the gentleman from Indiana threaten us with war. They did not at- The SPEAKER pro tempore. Under a (Mr. BURTON) is recognized for 5 min- tack us, and were not even capable of previous order of the House, the gentle- utes. attacking us. woman from New York (Mrs. MCCAR- (Mr. BURTON of Indiana addressed But even before the war started, For- THY) is recognized for 5 minutes. the House. His remarks will appear tune Magazine had an article saying Mrs. MCCARTHY of New York. Mr. hereafter in the Extensions of Re- that an American occupation of Iraq Speaker, I rise today to discuss the marks.) would be ‘‘prolonged and expensive’’ negative impact of President Bush’s and would make U.S. soldiers ‘‘sitting proposed budget on New York State. f ducks for Islamic terrorists.’’ New York is consistently faced with a EVEN THE SOLDIERS WILL TELL Now we have had more than 3,000 funding imbalance. We receive far less YOU THAT NOTHING IS GOING TO Americans killed, many thousands funding than we pay out in taxes. This HELP more wounded horribly, and have spent imbalance has held back projects in $400 billion, and the Pentagon wants key areas. Key programs have been The SPEAKER pro tempore. Under a constantly underfunded, and this previous order of the House, the gen- $170 billion more. Most of what we have spent has been year’s proposed budget again makes tleman from Tennessee (Mr. DUNCAN) is the wrong choices for New York’s fami- recognized for 5 minutes. purely foreign aid in nature: rebuilding Iraq’s infrastructure, giving free med- lies. Gang violence is a growing prob- Mr. DUNCAN. Mr. Speaker, as the lem on Long Island. Our police depart- previous speaker just mentioned, to- ical care, training police, giving jobs to several hundred thousand Iraqis and on ments and community groups are doing morrow we will begin debating the Iraq all they can with this small budget. and on. Our Constitution does not give war surge resolution. George Will, the Unfortunately, these budgets will be conservative columnist wrote in oppo- us the authority to run another coun- further reduced if the President has his sition to this surge and said it would try as we have in reality been doing in way. His budget request attempts to take a miracle for the surge to succeed. Iraq. eliminate two of New York’s local Dick Armey, our former majority With a national debt of almost $9 crime fighting tools: the Community leader, in an interview with a major trillion, we cannot afford it. To me our Oriented Policing Service, or the COPS newspaper chain said just a few days misadventure in Iraq is both unconsti- Program, and the Justice Assistance ago that he deeply regretted voting to tutional and unaffordable. Some have Grants Program. These two programs go to war in Iraq, and said, ‘‘Had I been said it was a mistake to start this war allow law enforcement agencies to hire more true to myself and the principles but that now that we are there we have police officers and support crime pre- I believed in at the time, I would have to finish the job, and we cannot cut vention. openly opposed the whole adventure and run. Well, if you find out you are It is a lot cheaper to prevent crime vocally and aggressively.’’ going the wrong way down the inter- than it is to send someone to prison. William F. Buckley, Jr., often called state, you do not keep going, you get Police departments rely on this money the godfather of conservatism, wrote in off at the next exit. to purchase new technology and equip- 2004 that if he had known in 2002 what Very few pushed as hard for us to go ment, to educate their members on he knew in 2004 he would have opposed to war in Iraq as did syndicated col- how to best combat issues such as gun the war. Chris Matthews on Election umnist Charles Krauthammer. Last violence. Night said, ‘‘The decision to go to war week he wrote that the Maliki govern- In the year 2006, New York received in Iraq was not a conservative decision ment we have installed there cares more than $27 million in COPS and historically,’’ and he said it asked Re- only about making sure the Shiites JAG funding. If this money is not publicans, ‘‘to behave like a different dominate the Sunnis. We should not be available, our law enforcement will not people than they intrinsically are.’’ surging troops in defense of such a gov- have the tools they need to keep our And that confirmed what I have said ernment, Krauthammer wrote. Maliki families and communities safe. But it many times on this floor, that the war should be made to know that if he in- is not just our communities that are in Iraq went against every traditional sists on having this sectarian war, he put at risk by the President’s budget. College assistance programs to help conservative position I have ever can well have it without us. New York students will be slashed if known. I would like to read into the There is no way we can keep all of the President has his way. The edu- RECORD at this time a column that I our promises to our own people on So- cation of our Nation’s students is one wrote for the Nashville Tennessean, cial Security, veterans benefits, and of the most important issues facing us Tennessee’s largest circulation daily. many other things in the years ahead if today. I have traveled to China and I wrote this. ‘‘I voted against going we keep trying to run the whole world. India and have seen the attention those to war in Iraq when Congress voted on As another columnist, Georgie Anne countries are giving to education for this in October of 2002. And I am op- Geyer, wrote more than 3 years ago, Americans ‘‘will inevitably come to a their students. posed to sending more U.S. troops We need to do a better job at funding point where they will see they have to there now. President Bush has said re- our educational programs to give our have a government that provides serv- peatedly that he is going to listen students the tools they need to com- ices at home or one that seeks empire mainly to his commanders. I wish he pete in a global economy. However, across the globe.’’ would listen to Specialist Don Roberts, under the President’s budget, key pro- 22, of Paonia, Colorado, now in his sec- We should help other countries dur- grams such as work study and supple- ond tour in Iraq, who told the Associ- ing humanitarian crises and have trade mental educational opportunity grants ated Press: ‘‘What could more guys do? and tourism and cultural and edu- will be frozen. We cannot pick sides. It is like we have cational exchanges. But conservatives Tuition in New York State schools to watch them kill each other then ask have traditionally been the strongest have increased over 20 percent over the questions.’’ opponents to interventionist foreign last few years. These new cuts in stu- Sergeant Josh Keim, of Canton, Ohio, policies that create so much resent- dent aid will put college further out of also on his second term said, ‘‘nothing ment for us around the world. reach of so many of the New York stu- is going to help. It is a religious war We need to return to the more hum- dents. This is the wrong message to be and we are caught in the middle of it.’’ ble foreign policy President Bush advo- sending to our students who work hard Saddam Hussein was an evil man, but cated when he campaigned in 2000. in high school and dream of going to he had a total military budget only a Finally, Mr. Speaker, we need to tell college. We can do a better job, but we little over two-tenths of 1 percent of all of these defense contractors that need adequate funding to truly help ours, most of which he spent protecting the time for this Iraq gravy train with our students achieve their dreams. himself and his family and building its obscene profits is over. It is time, As you know, our health care system castles. Mr. Speaker, to bring our troops home. needs attention also. Over 40 million

VerDate Aug 31 2005 05:07 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.058 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1453 Americans are without health insur- biodiesel, anything that would drive on H.R. 742. An act to amend the Antitrust ance. In New York 2.5 million are unin- something besides gasoline. Modernization Commission Act of 2002, to ex- sured. In his State of the Union ad- Secondly, we have sent a message to tend the term of the Antitrust Moderniza- dress, President Bush vaguely outlined Detroit that we would like to see 80 tion Commission and to make a technical correction. a proposal to deal with this very issue. percent of the cars made in 10 years be I applaud the President for bringing at least flex fuel so that Wall Street The message also announced that this issue to the forefront of the de- will also follow suit and invest in flex pursuant to Public Law 94–304, as bate. fuel vehicles and hybrids and ethanol, amended by Public Law 99–7, the Chair, However, I do not agree with the things like that. If Wall Street knows on behalf of the Vice President, ap- President’s plan. I am afraid his pro- that the government is behind it and points the Senator from Maryland (Mr. posal will raise health care costs for the market is going to be there, then CARDIN) as Co-Chairman of the Com- New York’s working class, while doing the investment dollars will follow. mission on Security and Cooperation in very little to help the 2.5 million unin- Too often what happens when the Europe (Helsinki) during the 110th Con- sured. The money President Bush re- price of gasoline goes up, everyone gress. quested for his plan can be better used rushes out and looks at alternatives; The message also announced that to lower premiums and truly make then when the price of gasoline goes pursuant to Public Law 94–304, as health care affordable for all Ameri- down, everybody forgets all about it. amended by Public Law 99–7, the Chair, cans. We want to have a permanent invest- on behalf of the Vice President, ap- Since the start of the 110th Congress ment stream from Wall Street. That is points the Senators as members of the the House has done the people’s work. why it is a good method when you fol- Commission on Security and Coopera- We have raised the minimum wage, cut low what we did with air bags, the air tion in Europe (Helsinki) during the student loan interest rates, and helped bag model. 110th Congress: The Senator from Connecticut (Mr. Medicare beneficiaries. We have Thirdly, we require the government DODD); changed the focus of our Nation to help to start scoring based on energy con- The Senator from Wisconsin (Mr. all Americans. sumption. When the government goes FEINGOLD); out and buys fleets of vehicles, we want The President’s budget request The Senator from New York (Mrs. misses the mark and will harm already to know, are you buying innovative ve- CLINTON); underfunded programs. We in Congress hicles, flex fuels, hybrids and so forth. The Senator from Massachusetts (Mr. must devote more attention and fund- We believe it is important for the Fed- KERRY); and ing to our Nation’s education and eral Government to have a goal. The Senator from Maryland (Mr. One thing I point out, which is not in health care. These issues have been CARDIN). long underfunded for too long. the bill; but we deliver on Saturday, I look forward to working with my mail which is 30 percent of the volume f colleagues to refocus our priorities and that you have Monday through Friday, IRAQ RESOLUTION fully fund our educational and health but we use 100 percent of the fuel. So it The SPEAKER pro tempore. Under a care programs. I know in the next 3 would make sense if you are in the previous order of the House, the gen- days we are going to be debating Iraq, business place to quit delivering mail tleman from California (Mr. GEORGE which I think is probably one of the on Saturday. MILLER) is recognized for 5 minutes. most important issues facing this Na- I understand that has some political Mr. GEORGE MILLER of California. tion. ramifications, and thinking with our Mr. Speaker, as already has been noted But even with that, we as Democrats political minds instead of our business this evening, tomorrow the House will will continue doing the work of the minds. I just say that is an example. begin a 3-day debate on the question of American people and finally getting Finally, we believe that a lot more re- whether or not we support the esca- some work done that is going to help search has to be done. But I want to lation of the war in Iraq by supporting all Americans. That is what we as point out, Mr. Speaker, that Toyota is the President’s policy to send over Democrats will do. That is what we already on their fourth-generation hy- 21,000 additional troops to Baghdad, pledged and we will follow through brid. what is called the surge, but is in fact with that. Unfortunately, many of the Detroit an escalation of the war and of the ex- f American motor companies are not posure of our American troops in Iraq. that far along. But there is a lot com- It is an important debate, and it will SUPPORT THE DRIVE ACT ing down the pike. The University of be an important vote. It will be a very The SPEAKER pro tempore. Under a Georgia, for example is making ethanol simple proposition: Either you support previous order of the House, the gen- out of sweet potatoes, left-over Coca the escalation or you do not. This is tleman from Georgia (Mr. KINGSTON) is Cola and watermelon. There are all the vote that the American people have recognized for 5 minutes. kinds of ways to make ethanol in addi- been asking for now for many, many Mr. KINGSTON. Mr. Speaker, I rise tion to using corn. months. They certainly expressed it in tonight to speak about House Resolu- These are the things that our bill the election. They have expressed it tion or House bill 670, which is a bill does. You know, in Washington it is ac- since the election where we see time called the DRIVE Act; that is, the De- tually easy to agree to disagree. My and again they are telling the country, pendency Reduction through Innova- friend, Mr. MILLER and I, we have no they are telling those of us who are in tive Vehicle and Energy Policy. problem disagreeing agreeably. But the Congress of the United States that It is a bill that ELIOT ENGEL and I what we need to do is agree to agree, they do not support this policy; they have cosponsored. It has almost an which is much harder. Because when want an exit plan; they want our young equal number of Democrats and Repub- Republicans and Democrats agree to men and women brought home from lican cosponsors, up to about 60. And agree, we make progress, and some- Iraq; and they want the Iraqis to take its goal is to reduce your oil consump- times the interest groups that sur- responsibility for the political deci- tion by 20 percent in 20 years. What we round us from both parties really do sions that must be made if Iraq is in did is sat down and said, how could we not want that, because they are not as fact going to be a unified country, if achieve that goal and do something for empowered as they are when we are Iraq in fact can proceed along a road to national security, something for the fighting. building democratic institutions and environment, and something for mom f hopefully finally building a democracy. and dad back home and their pocketbook? MESSAGE FROM THE SENATE b 1945 So we set out to try to stay true to A message from the Senate by Ms. But none of that, none of that will be those goals. We put fourth four things Curtis, one of its clerks, announced done by the troops from America. None in it. To change consumer habits, we that the Senate has passed without of that can be done by the troops from have doubled the tax credit for pur- amendment a bill of the House of the America. The fact of the matter is that chase of hybrids, flex fuel vehicles, and following title: that must be done by the Iraqi people.

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.060 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1454 CONGRESSIONAL RECORD — HOUSE February 12, 2007 But there will be those in this debate once again the administration is pre- Congressman Matsui fought against all who will be defending the President’s pared to send our soldiers into Iraq odds, as did all of those, and despite failed strategy in Iraq by attacking the without proper equipment and without the prejudice and the hardships, rose to President’s critics. They ask, what proper training, demand, instead, a be a great leader of our Nation. message would America send to its new strategy to get America out of Another story, James Hirabayashi, troops in combat if Congress votes to Iraq’s civil war, to get Iraq to take re- interned there at age 17. And he wrote, repudiate the President’s plan? What sponsibility for its own future, and to and you can imagine hearing the message, indeed? use our troops for the proper mission, words: ‘‘My parents and three siblings Mr. Speaker, the question really is, to defend America. and myself occupied a single barrack at what message did Congress send to our f the Pinedale detention camp. However, we were soon to be split further apart troops from the very beginning of this The SPEAKER pro tempore. Under a and never regained the unified family miserable war? previous order of the House, the gentle- What message did Congress send to life during the war.’’ woman from the District of Columbia the troops in the beginning of this mis- Later, James received his Ph.D. at (Ms. NORTON) is recognized for 5 min- erable war when they voted to go to Harvard, became a professor of anthro- utes. war based upon the lack of proper evi- pology at San Francisco State and now (Ms. NORTON addressed the House. dence, false evidence, manipulated evi- chairs the Asian Studies program. Her remarks will appear hereafter in dence and, in fact, outright lies to the Another story: Jack Hata was evacu- the Extensions of Remarks.) American people and to the world ated to Pinedale on his 21st birthday. about the situation in Iraq, and cer- f He recalled: ‘‘The assembly center was tainly a war that was not vital to the H. RES. 109, PINEDALE ASSEMBLY made up of rows of tarpapered black interest of the United States? CENTER RESOLUTION barracks enclosed by barbed wire fenc- What message did Congress send ing with armed guard towers. The most when it allowed the President to go to The SPEAKER pro tempore. Under a vivid recollection of the Pinedale expe- war without enough troops to secure previous order of the House, the gen- rience had to be that of a strong, hot the peace? tleman from California (Mr. COSTA) is wind picking up every mid-afternoon What message did the Congress send recognized for 5 minutes. blowing dust over the entire camp and when it allowed our troops to go into Mr. COSTA. Mr. Speaker, I rise today making seeing and breathing very dif- combat without proper armored vehi- in support of House Resolution 109, rec- ficult.’’ cles? ognizing the historical significance of Today, ladies and gentlemen, much What message did Congress send the Pinedale Assembly Center located has changed. Pinedale is a part of our when it allowed our troops to go into in Fresno, California. history, a place of loss, of hatred and combat without proper protective body The history of this internment center fear. But now it will be transformed armor? is a reflection of the 65th anniversary into a place of remembrance for heal- And what message did the Congress of Executive Order 9066, which reminds ing and hope. send when it allowed the President to us of a dark chapter in U.S. history. The Pinedale Assembly Center Me- continue a failed course in Iraq with no On February 19, 1942, President morial Project Committee cosponsored adjustments in strategy? Franklin Roosevelt signed the order by the Central California District of What message did Congress send authorizing the forced internment of Japanese American Citizens and the when it allowed the President to effec- over 120,000 Japanese Americans, plac- California Nikkei Foundation is estab- tively draft American volunteers by ing tremendous hardship on the inno- lishing a memorial. The memorial continuing their tours of duty over and cent that, in many cases, resulted in a would not have been possible without over again? loss of jobs, businesses, property and the dedication and diligence of all And what message did the Congress ultimately, in some cases, their dig- those who have supported this effort, send to our troops, indeed? nity. including Judge Dale Ikeda, chairman But there is a new Congress now and Further, the internment was a viola- of the memorial project. there is a new message for our troops. tion of their constitutional rights. In- I am one of those that serves on the By raising objections to the President’s ternees were denied their liberty, their Project Advisory Committee. But Dale failed strategy, and by demanding a civil rights, the right to due process, says it best: ‘‘By preserving the new course in Iraq and the immediate and equal protection under the law. Pinedale Assembly Center story, we and responsible redeployment of our Yet, no Japanese American, before or hope to teach a lesson in history, that forces, we will send a new and clear after their internment, was ever ac- it takes people to ensure ‘justice for message to our troops. Our message to cused or convicted of espionage or sab- all.’ And rather, it is the duty of each the American forces in combat is that otage. generation to strive to form a more we will not let you fight and die for- In fact, over 14,000 Japanese Ameri- perfect union for ourselves and for the ever in Iraq with no plan to get you cans served valiantly and on a vol- sake of our children.’’ out, with no exit plan. Our message is untary basis in our Armed Forces dur- The memorial groundbreaking will that we will insist that the Iraqis take ing World War II with great distinc- take place next week, February 19, on responsibility for their country and the tion. One could only imagine what the 65th anniversary of the executive building of a democracy, and that soon went through their minds, the mem- order. American forces will be brought home bers of our military, as they defended Today, over 5,000 Japanese Ameri- or redeployed to fight the real war on our Nation’s freedoms, while their own cans, many former World War II in- terror. families were languishing back in ternees and their families, live in Fres- Our message is that the American American internment camps. no County, and the Pinedale Memorial forces will not be used to fight Iraq’s Pinedale, then, following the order, will honor these and those who suffered civil war. Our message to the Presi- was a relocation center, and the Japa- during that period. dent’s few remaining supporters in the nese Americans throughout the West The memorial sends a message that House and Senate is, do not exploit our were asked to report to these reloca- we are committed to healing historical brave troops in combat in a desperate tion centers. This relocation center wounds and replacing the prejudice and and vain effort to bolster a weak Presi- handled over 4,823 individuals. fear with the American values of equal- dent. Do not use our brave men and Numbers are just numbers, ladies and ity and justice. women serving in Iraq to cling to a gentlemen. But let me tell you some of It has been said that those who can- misguided policy that is dangerous for the stories that passed through this not learn from history are doomed to America’s interests and for its troops camp. repeat it. Let’s make sure this memo- as well. A dear friend of mine, and a beloved rial helps us learn. Join us in opposing the escalation of Member of this body, the late Con- Allow me to close by reading the the war in Iraq, and when we see that gressman Bob Matsui, arrived at the parts of the memorial plaque inscrip- history is now repeating itself, where Pinedale Assembly Center at age two. tion that will be dedicated next week:

VerDate Aug 31 2005 05:35 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.063 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1455 ‘‘This Memorial is dedicated to over All of the tax cuts that have created American families, American business. 4,800 Americans of Japanese ancestry 7 million jobs, that have created record And we are about ready to embark on who were confined at the Pinedale As- revenues to the U.S. Treasury actually the largest tax increase in the history sembly Center. This was an early phase are on time lines. And they have to be of this country, and it is going to be of a mass incarceration of over 120,000 extended by the House, and they sunset very detrimental to our economy. Japanese Americans. They were de- at the end of 2010. And without a Presi- And I can remember when I got to tained without charges, trial or estab- dent to advocate those policies, with- Congress just a short time ago, almost lishment of guilt. May such injustices out a House of Representatives and a 5 years ago. Congressman SHUSTER and suffering never recur.’’ Senate that is going to pass those poli- came in a little bit before me. And f cies, all of the tax cuts that have cre- since that time, with some of the tax The SPEAKER pro tempore. Under a ated millions of jobs, that have created relief measures that have been put in previous order of the House, the gen- these record revenues in time of war place, we have seen just 167,000 jobs are going to end. And that means that were created in December alone. Pay- tleman from North Carolina (Mr. MIL- in 1,416 days, the average working fam- roll, nonfarm payroll employment in- LER) is recognized for 5 minutes. (Mr. MILLER addressed the House. ily in the United States of America creased. His remarks will appear hereafter in will experience a tax increase of $2,098. Since August 2003, more than 7.2 mil- the Extensions of Remarks.) And that translates across every sector lion jobs have been created. Workers of America. are finding jobs faster. f And the one thing I think that often I remember when I came to Congress THE COUNTDOWN CREW gets lost, and I will speak as a former back in 2002, one of the votes that I had small business owner myself, is the to make, along with others, was to ex- The SPEAKER pro tempore. Under fact that small businesses create 88 tend unemployment benefits. And we the Speaker’s announced policy of Jan- percent of all new jobs. Those are com- don’t have to do that now, in large uary 18, 2007, the gentleman from Ken- panies with under 500 employees. These part, because of the tax relief measures tucky (Mr. DAVIS) is recognized for 60 are companies that pay health benefits, that have been put in place. minutes as the designee of the minor- that do research and development, that A lot of people think that we need to ity leader. open new doors. keep taxing and taxing and taxing our Mr. DAVIS of Kentucky. Mr. Speak- The tax revenues that are generated way to prosperity. And that is wrong. er, we return again for the fifth con- from those businesses and those em- And my friends on the left, the lib- secutive leadership hour with the ployees are what fund the infrastruc- erals on the left, think that this money Countdown Crew. ture of our communities. They pay for belongs to them, it belongs here in I would like to welcome all of you our teachers; they pay for our public Washington with the politicians. And here tonight who are watching from safety. They contribute to our national that is not where it belongs. home. We have been surprised at the defense. b 2000 tremendous amount of response that And one saying, I think, that is im- we have received talking about the re- portant for all of us to remember is, It belongs to the people who earn the ality of tax policy, of small business the focus that we need to have is not to money in the first place, working fami- policy and the impact that it has on raise taxes but it is to create tax- lies, small business people. And how the lives of ordinary citizens in this payers. And the way that we can create does that apply to somebody, let us Nation. taxpayers is give those who create the say, that lives in Oklahoma, a small In fact, the feedback has gotten so jobs more resources to invest in the businessman or woman? Well, I will great that we have received hundreds economy, allow working families to tell you how it applies to them. When and hundreds of calls, e-mails from keep more of what they own so they I go around my district, one of the big- around the country. can save it and build a nest egg for the gest things I hear about are complaints What we would like to do is invite future that will ultimately lead to the from small- to medium-sized business you to become part of the Countdown growth that we have experienced. people, and small- to medium-sized Crew, as we are only 1,416 days from We have got several distinguished business people employ 85 percent of one of the largest tax increases in gentlemen tonight. Before the gen- the people in our economy. They either American history. We have a Web site. tleman from Oklahoma begins, I would work for, own, or operate small- to me- We would encourage you to e-mail with like to recognize the leadership of Con- dium-sized businesses. And if we allow questions, with comments, your per- gressman BILL SHUSTER from Pennsyl- a small business to keep more of their spective on ways to make life better vania who has been the principal archi- money, what are they going to do with for working families to create jobs and tect of the Countdown Crew. it? Well, they are going to hire more to strengthen small business, which Remember, if you would like to people to work. It is going to create creates 88 percent of the jobs in the contact us, that is jobs, which it has done. They are going United States. [email protected] if you to buy equipment to expand their busi- If you look behind me, our e-mail have a question for any of the Members ness, and that money is going to address is here. It is participating tonight or would like to bounce around the economy, that dy- [email protected]. And share your own story of how being al- namic economic effect of that money we would invite your comments and lowed to keep more your own money, bouncing around the economy, and it is your feedback, and also invite you to more of your own resources has helped going to find its way back to Wash- share your stories of why the tax cuts to create a future for you. ington anyway, but we get to do things of the last several years have made a But before I share some stories about with it before it does. difference for you, why a more relaxed some friends back in Kentucky who One of the things too, Congressman and more structured regulatory process started and created jobs that are af- DAVIS, that I hear about a lot is small that focuses on sound science versus on fecting not only our region and our business people are really complaining politics allows businesses to work to economy, but also the defense of this right now about providing health in- create jobs, to create opportunity to Nation, I would like to recognize Con- surance for their employees. Either create a future for our children and our gressman SULLIVAN, the gentleman they have to go to their employees and grandchildren. from Oklahoma, to share his perspec- say, hey, I can’t cover you anymore or And there is a reason for this. In the tive on this. they have to lessen the benefit to the election on November 7, so much of the Mr. SULLIVAN. Thank you, Con- employee or they have to make the em- emotion and so much of the focus had gressman DAVIS. And I want to thank ployee pay more of their health care to do with issues related to the na- you for doing this tonight. cost. Now, if we provide tax relief to tional security policy in the Middle I also want to thank Congressman them, they are able to use that money East. But one thing that was forgotten BILL SHUSTER from Pennsylvania for to provide health insurance for their in that time was something else that the Countdown Crew. Tax relief is very employees. The Democrats, if they was voted for by the American people. important to the American people, the allow this tax increase to take place,

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.065 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1456 CONGRESSIONAL RECORD — HOUSE February 12, 2007 we are going to have more uninsured And I would like to take a moment that are creating thousands and thou- people in this country. and share one small business story that sands of jobs around the country. And Tax relief has been used many, many is close to home about an environment what they shared with me, and Kevin times. I remember last week or the that creates opportunity. You may shared with me tonight, is that these week before that, Congressman SHU- have heard me say this before: The role tax increases are going to hurt their STER talked about how tax relief was of government is not to create jobs. ability to provide for health care, as used when John F. Kennedy was Presi- Government doesn’t create jobs by Congressman SULLIVAN pointed out. It dent, a member of the other side of the itself. What government does should be is going to hurt their ability to make aisle. And it works. He used tax relief, to create a framework that empowers needed investments in equipment. It is reducing all marginal rates. Also Ron- people to create jobs, to create oppor- going to hurt their ability to compete ald Reagan proposed tax relief, and it tunity, and to protect that opportunity effectively. And I believe it is better to was wildly successful. We had a roaring we pass to future generations. let them keep more of what they have economy. Tax relief is used by other We have seen tremendous change earned because that is going to be recy- countries in economic slow times to that has taken place in our region, the cled into the economy to create more get out of that. It is one of the eco- Fourth District of Kentucky. And spe- jobs. nomic tools that are used. cifically in the northern part of that And the model we are following, as We have to realize too that Wash- district, right across the river from Solomon said in the Bible, there is ington is getting too big. Government Cincinnati or, as we like to say, the nothing new under the sun, was the is too big. It is unaccountable. There is greater northern Kentucky area, we same model that birthed Silicon Val- runaway spending here in Washington. are seeing economic explosions in great ley. There were intellectual partner- There is no accountability, no light of numbers in a variety of industries. In ships and entrepreneurial partnerships day on the budgetary process. People particular, a group of far-seeing busi- with Stanford University that led to talk about the budget like it is a com- nessmen wanted to change the view of the greatest explosion of technology plicated thing here in Washington. our community, joined with commu- and research in the history of modern Well, heck, a chimpanzee could do the nity leaders. And they worked with man. It changed the life of virtually budget here in Washington. You get Northern Kentucky University, first every citizen in this Nation, provided what you spent last year; you try to with President Jim Votruba, and us with technologies and tools and im- get more money. You want $10 million, talked about the need for bringing proved a way of life that had never you ask for $1 billion and you get $10 high-technology jobs and creating a been known before. And now we stand million more, and you spend that and climate for high-technology jobs. Dr. with an opportunity to build that type that goes to your baseline for the next Votruba recruited an information tech- of a future right in Kentucky. As my nology professional named Bob Farrel, year. colleague, Congressman HAL ROGERS Instead of throwing money at all who is an entrepreneur, a great success down in the Fifth District, likes to say, these supposed problems around here, in the business world, but also a teach- representing eastern Kentucky, we we need to find the problems first and er and a mentor. They collaborated in may not have Silicon Valley but if we scrutinize the spending here in Wash- turn with the chamber of commerce, have the right economic policy and the ington, D.C. And we certainly don’t with local government, with State gov- right focus on research and the right need to free up more money for the ernment, and created a zone in down- focus on developing our young people politicians in Washington, D.C. to town Covington, Kentucky, on Madison and especially the right focus on cre- spend by allowing massive tax in- Street, called the Madison E Zone. And ating an environment to stimulate creases to occur. into that came some friends of mine to small business, we may not have Sil- So I really commend you for doing build on the foundation that was given icon Valley but we can have Silicon this countdown, the Countdown Crew. I to them, those boundaries in which Hollow. We can make a difference that want to commend Congressman SHU- they could create opportunity. provides not only for the next genera- Three men, Kevin Moore, Norm STER for all he has done, Congressman tion that follows us but to keep this Desmairis, and Greg Harmeyer, I know DAVIS, JACK KINGSTON from Georgia. Nation competitive in the long run. This is very important. And when I go all three of them. I have watched what And we stand at a crossroads right around my district, even in Oklahoma, they have done professionally with now. As we mentioned before, in 1,419 we are hearing a lot of things about their business. I have watched how days, the average working family in what you guys are doing on this Count- they have grown from a very small this country is going to see a tax in- down Crew. People do not want to see company to create many, many jobs; crease of $2,098. Money that has created these tax increases occur. I talked to how they left one facility and had to 7 million jobs will be taken out of the someone the other day that said, I am move down the street to an even larger economy. And what we need to do is afraid that our child tax credit will go facility. And they are the true ideal of look at policies that are proactive, away, from $1,000 to $600. That will be the American entrepreneur, a small that make a difference. critical. I have four kids. It is going to business person who starts with a vi- affect me. It is going to affect a lot of sion, pursues that vision, and wants to One colleague who is here with us to- people. And that is what we are dealing bring about change. And what Kevin night who also came out of the small with, people. And we want them to and Norm and Greg have all done with business world, who has been in Con- keep the money that they worked so their business that is remarkable in in- gress for a long time, who understands hard to earn in their pockets, not here formation technology is they have pro- both the political side, but most impor- in Washington. vided needed services in the preserva- tant to me is that he has created jobs, And, again, I want to thank you for tion of knowledge and improving the has made a payroll, and he has helped having me here. efficiency of systems, helping the em- other people deal with these benefits Mr. DAVIS of Kentucky. Thank you ployees of other job-creating compa- and understand this importance, and very much, Congressman SULLIVAN. nies to be more effective and more that is my friend Congressman JACK I think it is so important what he competitive in this global economy. KINGSTON from Savannah, Georgia, and highlighted here when he mentioned And where it comes home full circle is I would like him to share some of his four children. My wife Pat and I have the idea of working with the university perspective. six children. For families what this in conjunction with the Department of Mr. KINGSTON. Mr. Speaker, I translates into, just the loss of the Defense and the Department of the Air thank the gentleman for yielding. child tax credit alone for a family of Force to help preserve knowledge and First of all, I want the record to show four is $2,000. That could be a semester help strengthen the information tech- that Mr. SULLIVAN has four kids and of college tuition. It could be an invest- nology systems of our Armed Forces, of you commented that you have six kids. ment in savings. There is an oppor- our national security establishment. Are you saying that he does not have a tunity cost that comes with that that What is exciting about this is tier commitment? Is that is what is going has real effects. And when that money one with Greg and Norm and Kevin rep- on here? The rest of us are getting by is in the economy, it is creating jobs. resent hundreds of small businesses with one or two kids. Actually, I have

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.068 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1457 four. But I wanted to say you two fami- knows? I might even get a little bit at [email protected]. We lies are doing your share for the econ- more of the Federal Government dol- are standing by to hear those stories omy. lars down to our part of the State. right now. And I just want to thank Mr. DAVIS of Kentucky. I would She didn’t like that idea. She felt again BILL SHUSTER’s vision to want to have to say, Congressman KINGSTON, like she could manage her 50 cents bet- execute this program. that based on these tax increases that ter than we could in Washington, D.C. As we get ever nearer to those tax in- are coming and these regressive poli- And I serve on the Appropriations creases, we have had Members that are cies that will begin to take effect in Committee, and I have to say for a coming to the floor that haven’t been 1,419 days, I would say that my six chil- high school girl, she is certainly accu- politicians their whole life, that have dren will become my retirement plan. rate. She can manage her money better had what I would like to say are real Mr. KINGSTON. Well, I will tell you than we can manage her money. And jobs, who have been out there, who what. Also, you and I know people yet we have this attitude in Wash- know what it is like to have to make a across America will lose that family ington that if something is going to profit. tax deduction for the children, which is happen, government has to be the one I know what it is like to make that very important. to initiate it. So we want the whole $2. decision to go without a paycheck to But I wanted to get into the perspec- And the interesting thing that you make sure that employee health bene- tive of a business person, but the way I have already underscored night after fits are paid. And I am not saying that explain tax increases to school kids, it night is that if we let her keep that to impress anybody, simply to point seems that maybe it should apply to extra 50 cents, taking less of her $2 in out to you, that is a common decision some of these bureaucrats here in taxes, what is she going to do? She and that many small business owners face, Washington, D.C. But yesterday I was all the other millions of Tracys and making sure that our employees are speaking to a group called the People millions of other people like the six taken care of. And when taxes are to People Exchange, a student ambas- Davis kids who will one day be work- raised, that takes away even more of sador program. And I asked for a vol- ing, they would go out and they might that flexibility to meet employee and unteer. A young lady who had a job, a buy more hamburgers, more shoes, family needs, but also it takes dollars young girl who was, I guess, in about more clothes, more tires, more dryers, out of the economy or dollars out of the ninth grade named Tracy, she more washing machines, go out to eat the potential of those businesses to works at Holton’s Restaurant in Mid- more. And when they do, small busi- create jobs. way, Georgia. Tracy makes $5.50 an nesses react by expanding. They in- One Member who is joining us here hour. So I got her up in front of the crease their inventory. Then they have tonight who I think has lived a great class, and this was an extracurricular to have more people to sell their inven- success story in small business with thing. They were actually meeting on a tory; so they hire more people. Less her husband is Congresswoman THELMA Sunday afternoon. And I said, Okay, people are on welfare. More people are DRAKE from Peninsula, Virginia. She Tracy, so you work for 2 hours, $5.50 an paying taxes. And so the money comes represents the Norfolk area. hour. After those 2 hours, you bring into Washington, D.C. Small businesses The thing that is very exciting about home $11. And she looked at me like, win. People who are working win. And her story that is very consistent with You really are stupid in Washington, the government, at the end of the day, other small business owners who have you know I don’t do that. gets more revenue. That has been the gotten to taste that piece of the Amer- I said, How much do you bring home? case now with George Bush, Ronald ican Dream and all the families that She said, Well, it is about nine some- Reagan, and John F. Kennedy. have worked with them or have been thing. Tax cuts, giving the people the right benefited by them, is her story coming So I said, Okay. Let us just say for 2 to keep more of their own hard-earned up as a Realtor, seeing many, many hours’ work you bring home $9 and you money actually brings in more rev- facets of the economy and the impact send $2 to me in Washington. Now, enue. Therefore, to let these tax breaks of these income tax policies, of regres- what do I do with that tax money? end and increase taxes on small busi- sive policies against small business, And, of course, these students know nesses and on families across America and yet at the same time the positive you pay for schools, you pay for roads, is an absurd policy. And we have got to impact by allowing people to keep you pay for our military. And, Mr. get folks motivated to realize that this more of what they earn. It has created DAVIS, you know Midway. You prob- is something that is going to happen record revenues, as Congressman KING- ably have eaten at Holton’s Res- unless people back home start raising STON mentioned. taurant. It is right down from Fort Cain about it. Among all the doom and gloom sto- Stewart, where you were stationed. So I am glad you are doing what you ries, one thing that I would share is Have you eaten there? are doing. And I wanted to yield back that many times when we talk about Mr. DAVIS of Kentucky. I have been because I know we have some other our global economy, there is a great in Midway many times going between speakers here, but I thank you for your fear of competing on that global stage. Fort Rutger and the Hunter Army Air- leadership on it. If we compete on a level playing field, field. the American worker, the American Mr. KINGSTON. Well, they have a b 2015 entrepreneurial and creative genius is good fish and shrimp platter that is Mr. DAVIS of Kentucky. I appreciate going to win. But when we talk about waiting just for you. It has got your that, Congressman KINGSTON. It just competing with countries like China, name on it. highlights all the more what you point an emerging superpower, one thing Anyway, I said to Tracy, Okay, for out, that in 1,419 days, that every that I would point out is that just in the $2 that we get from you that goes working family in America is going to less than 3 years, the U.S. has added to to the soldiers at Fort Stewart, goes to have a $2,000 tax increase. We think its economy, the increase in our eco- the schools, to the building, to the about where that money could go and nomic output has been $2.2 trillion. teachers, goes to the roads, goes to the what it is doing in the economy. That is bigger than the entire economy police officers, you are okay with those Just for those who might be joining of China. things because we all agree we need us tonight, we are the Countdown Folks, if we create taxpayers instead them? Crew. We meet the first night of every of raising taxes, that growth will con- And she says, Yes, sir. vote and talk about issues that make a tinue and our children and grand- And I said, Okay. Now, if you know I difference to creating jobs, that make a children will have the opportunity to could do it for $1.50, would you want difference to our pocketbook, for work- compete. that extra 50 cents or would you let me ing families, for small business owners I would like to recognize the gentle- have it? Because, you know, if I had that create the preponderance of our woman from Virginia to share her per- that extra 50 cents from you, I could jobs. spective on this. spend money. I could go out and maybe We would like for you to join with us, Mrs. DRAKE. Mr. Speaker, I would improve some health care and take to communicate your stories, to share like to thank the gentleman for that care of some farm programs. And who your experiences. You can contact us and thank him for his commitment to

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.069 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1458 CONGRESSIONAL RECORD — HOUSE February 12, 2007 telling America how important it is pay that capital gains tax. But in 2003, Mr. DAVIS of Kentucky. I thank you, that we keep our tax cuts that are in when that was dropped by 10 percent, Congresswoman DRAKE, for being with place and the very positive results that that made a lot of difference for people, us this evening. I think one thing I have taken place from the tax cuts of and people were allowed to take assets would like to recognize is that THELMA 2001 and 2003. Those are real savings and free them up and not be looking at and her husband are real people who that are helping Americans today. At such an overburden of taxes in order to started and ran a real business that the end of 2006, that tax relief that do that. created real jobs and a real future for Americans got to keep in their pockets We have talked about it. Congress- many others. was valued at $1.1 trillion. That is a lot man KINGSTON has mentioned Presi- If you are just joining us, we are the of money for families, for small busi- dent Kennedy. I wrote a quote of his Countdown Crew. We are counting nesses. down that I thought I would share to- down 1,419 days to one of the largest You mentioned my experience as a night with America. This is from Presi- tax increases in American history if Realtor. I want to tell you, when I was dent Kennedy. He said: ‘‘An economy Congress does not take action to make new in the real estate business, I hampered by restrictive tax rates will sure that the tax cuts, the benefits couldn’t figure out how to put more never produce enough revenue to bal- that have made such a difference for so time in the day, how do I do all the ance our budget, just as it will never many in this country by allowing peo- things that I needed to do. It took me produce enough jobs or enough prof- ple to keep more of what they earn, are just a while to realize there is no more its.’’ extended and hopefully made perma- time in the day, and there are only That is the from the 1960s. Here we nent. seven days in the week, and the only are in 2007 still having the same discus- I would just like to point out if you answer for me was to hire other people sion and still trying to point out to would like to communicate with us, we to do the things that I didn’t have the America that when you keep your own are the countdowncrew@ time to do. money, that you spend it, you save it, mail.house.gov. If you have questions What that meant for me in my little you create jobs, you create wealth for or would like to share your story of real estate business was I became an yourself. how being able to keep more of your employer. All of a sudden I was paying We have heard a lot about taxing the own money, of your hard-earned re- payroll taxes on employees, as well as wealthy and how we should do more of sources has benefited you, how it has paying double for myself as a self-em- that. But what people don’t realize is helped you build a future, we would ployed individual in the real estate in- by allowing people to grow their own love to hear from you. dustry. At the end of each year, when I wealth, we do raise taxes on the Mr. KINGSTON. Mr. DAVIS, if the would look at a really good year and wealthy. They have actually risen 39 gentleman will yield, I was wondering, sell a lot of real estate, I would say, I percent. Our income taxes are up 8.8 I was listening to Mrs. DRAKE talk am really not making any money for as percent on personal income tax, while about something she went over. I think corporate income taxes are now up 22.2 we need to maybe get a good expla- hard as I am working because so much percent. What better way is there to nation here in terms of Congress voting is going to the Federal Treasury in the raise revenue than allowing people to on a simple majority now. Maybe you way of taxes. So I appreciate that in be successful and spend their own could explain that, because under the 2001, when the tax cuts were put into money the way they see fit? Republicans it was required to have, place that we reduced those income tax I am dismayed by two actions that was it a three-fifths majority? rates to Americans. were taken by this Congress in the Mrs. DRAKE. A three-fifths vote in I think a lot of people don’t realize very early days. There is a three-fifths order to raise taxes. that today we have a 10 percent tax majority that is needed to raise taxes. Mr. KINGSTON. That was in place rate for our lowest payers, down from However, by a simple majority vote of for 10 or 12 years under Republican 15 percent. That is slated to expire in this body, we now have a simple major- leadership. So now the Democrats on 2011 if we don’t act then and keep that ity vote that is able to waive that. their first day changed it from three- in place. Our other rates dropped by 3 America needs to watch what this body fifths required to raise taxes on work- to 4 points, not the full 5 points for our does, and they need to hold us accounting people to what? lowest-income Americans. able. Mrs. DRAKE. What the rules that I have heard you talking in here to- The other thing that this Congress were changed were is that by a simple night about your children. I have two did in those early hours is pass some- majority vote you can waive that children and I have four grandchildren. thing that is called PAYGO. It sounds three-fifths vote. I have not seen that When I was ran for office, because it very good, and Virginia is actually a written anywhere. Everyone that I was something I felt I needed to do, but pay-as-you-go State. We are not al- have told about this back at home is not something that had always been a lowed to have a deficit in our budget. shocked. Their eyes get big. I think goal of mine, the way I made myself do So it sounds good to everyone, until they felt safe to think it would take a that every day is I took a picture of my you stop and realize what it means. three-fifths supermajority vote to raise granddaughter, who was then under 2 What that means is when these taxes taxes in America, and they are very years old, taped it to the dash of my are ready to begin expiring, that in distressed to hear it. That is why I car, and every time I got in the car I order to keep them in place, that other wanted to mention it tonight, because said, Caity, I am doing this for you. taxes either have to be raised or spend- so few people know that that took I stand here today now as a Member ing cuts have to take place to offset place in the opening of this session in of Congress and say Caity, and the them. That doesn’t take into consider- our House rules. I think that is unfair, other three, because there are three ation at all the positive impact we and I think America should know it, more now, I am doing this for you. Be- have seen of reducing taxes. It only and I think America should watch cause if we want to leave our children looks at things on the surface. what we do. the America that we have enjoyed, we It is like the philosophy that is out Mr. KINGSTON. Thanks. have got to make sure that our tax pol- there that if we are bringing in a lot of Mr. DAVIS of Kentucky. I appreciate icy supports our economy, that it money today with tax policy, let’s you pointing that out. That was one of grows our revenues and it allows Amer- raise it just a little bit and we will get those surprises that I think affected a icans to be the ones to decide how they more. It is actually the opposite that lot of people or that will affect a lot of are spending their money. takes place. I believe our responsibility people in the months and the years One of the big changes in growing is to grow our economy. Our responsi- ahead. The reason for that 60 percent revenues for our country, of course, is bility is to have a tax policy that or three-fifths majority was to make the capital gains tax, which has been grows revenues for us and makes sure sure that it was clearly the will of the reduced from 25 percent to 15 percent. that we have the economy and the fu- American people to raise taxes instead As a Realtor, before coming to Con- ture for our children and our grand- of cutting spending, that people would gress, I can’t tell you how many times children. be accountable. I would hear from people, I can’t sell I thank you for letting me join you In effect, what we were doing was that rental property because I can’t today. something similar in line to the way

VerDate Aug 31 2005 05:35 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.070 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1459 the Senate works, with their rules of billion. That does not occur all at one on your kid’s education. It is your cloture to end debate. They have to shot. It is going to occur over the next money. It should not be sent to Wash- have a 60-vote supermajority. Cer- 4 years. ington. We want to keep it out there in tainly, over there that would be abso- In 2008, there are certain tax cuts the families of America and the small lutely necessary for any type of a will expire; in 2009, 2010; and then Janu- business of America. measure that would raise taxes or ary 1, 2011, all the tax cuts put in place As I said more of those numbers, we lower them. In the same vein, I think will have expired, and we will see our are at 4.6 percent unemployment, and it was right for us to have that in this taxes go up considerably. it is the lowest rate on average over body, because in 1,419 days we will be If you are at home thinking about the last 4 decades. Cutting taxes drive raising taxes. what your tax liability is going to be in this economy in a positive way. And The one thing that we all believe in the future, you need to realize that the others have said here tonight, and just the Countdown Crew is that the goal of Democrat majority, as Mrs. DRAKE and to remind people that we are not the the government should not be to create Mr. KINGSTON pointed out and dis- first to use tax cuts to move this econ- new taxes, but to create taxpayers. We cussed about the difference between omy forward, Ronald Reagan did it in want to cut taxes, allow people to keep the three-fifths and the simple major- the 1980s, and this economy grew by more of what they earn. And that is ity, the Democrats changed those rules leaps and bounds. And President John why we have had 7 million new jobs in the very first days of the Congress F. Kennedy did it in the 1960s, cut taxes created and record revenues into the so that they can raise your taxes. to spur this economy on, and that is Federal Treasury, because the economy The chairman of the Ways and Means what we need to do. is working. Even in a time of war, it Committee, the gentleman from New As I said, there are millions of Amer- continues to grow, and it is incredible York, said before the election that he icans out there today that are depend- that we are able to compete so effec- did not know of any of the Bush tax ing on these tax rates to stay low. tively in a global economy. We need to cuts that he thought were worthy of There are millions of small businesses allow people to keep their resources to continuing or extending. which are the backbone of this econ- build that future for their children and So they have made it quite clear omy that are counting on us keeping grandchildren. from their leadership, to the fact they these tax cuts in place. There are mil- With that, I would like to recognize changed the rules, that they intend to lions of small businesses and farmers in another real person who helped run a raise taxes. Why they keep talking this country hoping that we will ex- real business creating jobs out in the about the deficits and deficit spending, tend the death tax so that they can economy before he came to Congress, and that is the answer to it, well, I be- plan for their future, so they can do and that is our leader of the Count- lieve just the opposite. It is not the an- the financial planning necessary be- down Crew, Congressman BILL SHUSTER swer to it. cause the alternative is it will expire from Pennsylvania. If you look at the revenues in 2006 to at the end of 2010. The alternative is, if Mr. SHUSTER. I thank the gen- the Federal Government, they in- you cannot plan properly for expan- tleman from Kentucky. I appreciate creased by 9.7 percent in 2006. The def- sion, for the future, you certainly do your leadership down there on the icit is down 50 percent of where we pro- not want to die so that your family floor, and I appreciate everybody that jected it to be in 2005. The 2006 deficit gets that tax, the tax break that we has been here tonight. As always, with is down 50 percent as to where we put in place. those of us down here on the Count- project it to be, and why is that? That So this is extremely important, as I down Crew, we all come from business is because the revenues are coming said, to Americans across the spec- backgrounds, most of us, if not all of into the Federal Government in signifi- trum, across this Nation from Arizona us, small business backgrounds. I ran a cant numbers. to Pennsylvania to Washington to business that employed between 30 and In 2005, there was an over 14 percent Florida. I know millions of Americans, 40 people. And many, many Americans, increase in revenues. That is because actually 10.6 Americans, low-income small business owners, know just how the economy is growing. That is be- Americans, that are not paying taxes difficult it is to meet payroll every cause the Republican majority tried to at all today because of the tax cuts we month, to pay your bills. hold the line on spending. We did not put into place in 2001 and 2003. There are many people here in Con- do enough. We need to do more, but the As we have been talking about for gress that talk about the escalating worst thing to do is to put a halt, put the last month this countdown to the costs of health care and how difficult it a hurdle on this economy, put a bump tax increase, 1,419, dies, if Mr. DAVIS is. But there aren’t that many, there in the road to stop this economy from will put that chart back up, not the are few that are in Congress that have growing. chart but our e-mail address. We have experienced that, like Mr. DAVIS has, I As many have said tonight, talked the [email protected]. know Mr. KINGSTON or THELMA DRAKE about the facts, the numbers, in De- We would love to hear from across this or myself. We saw it happen year after cember alone, there were 167,000 jobs country how Americans have utilized year, and it is something that we are created in this country; in January, these tax cuts, whether it is the child all concerned about. It is something 111,000 jobs. To date, over the last 4 tax credit, whether it is the acceler- that we all want to make sure we find years, there have been 7.3 million jobs ated depreciation or any of the dean answer to, seeing that health care created in America, and those are due creases in the marginal income tax costs don’t continue to climb. to allowing the American people and rates. If you have utilized the Tax Code But the answer is not to raise taxes. small businesses to keep more of their in a positive way, we want to hear That works just the opposite. And I am hard-earned dollars in their own pock- about that. We want to be able to talk very, very concerned that the Amer- ets so that they can go out and buy about that on the House floor. ican people are not aware, that was one new things, whether it is a washer and One story that I have, back in cen- of the reasons that getting together dryer or whether it is a downpayment tral Pennsylvania, Dr. Greg Pyle is the with Mr. DAVIS and Mr. KINGSTON and on a new car or saving money for col- president of Oil Surgery Associates. Mrs. DRAKE and others, we came up lege, putting that money away, $2,000 His practices are in Bedford County with this idea to talk about the count- at a clip; and that is what the average and Blair County, Pennsylvania, which down to the tax increase, because we American with a family of four and are in the Ninth Congressional District are concerned about it, and because the making between $40,000 and $50,000 a of Pennsylvania. He has seen steady Democrat majority does not have to do year, if these tax cuts are not ex- growth over the past 10 years, some of anything. tended, they are going to be hit with the most impressive growth being in about a $2,000, $2,200 tax increase. If small Bedford County. It is about b 2030 you take that money, $2,000 a year, and 45,000. According to Dr. Pyle, medical They have to run out the clock, and put it in a bank account at 5 percent practices usually plateau financially if they run out the clock on 1419 days, interest over 10 years that grows to from 5 to 8 years. However, Dr. Pyle’s there is going to be the largest tax in- $30,000. That is a nice downpayment on medical partnership, which has been in crease in American history, over $200 a house. That is a nice downpayment business for 12 years, has seen some of

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.072 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1460 CONGRESSIONAL RECORD — HOUSE February 12, 2007 its greatest growth just in the past how important some of the tax incen- for improvements on new construction couple of years. He attributes that di- tives are to keeping our businesses of restaurant buildings. Under old law, rectly to the reduction in taxes and growing and creating new jobs, but we we are looking at a 30-year deprecia- that people have more money in their cannot stop here. We have got to make tion schedule, and when you think pocket that they can come in and uti- this and all the other tax relief provi- about the food service industry, as lize his services that he provides to sions permanent that affect individual competitive as it is with new fads and them in central Pennsylvania. families, because real people who hold themes to be able to meet the needs of Again, we have many, many other real jobs out in the real world, not here the consumer, 30 years is quite a long stories, but I just want at this point to in the halls of Congress, are the ones time, and I can think of a difference in yield back to my good friend from Ken- that pay those taxes, that foot that bill my lifetime. tucky (Mr. DAVIS). like that $2,098 bill that is going to be These business owners, these men Mr. DAVIS of Kentucky. I thank you, arriving in 2 years, in the very near fu- and women who were creating thou- Congressman SHUSTER. For those of ture, if these tax policies are not ex- sands and thousands of jobs around the you who are watching, if you would tended, if they are not continued for United States, asked to not have their like to share your perspective, your the great benefit that they have tax burden eliminated, but simply to view, join us via e-mail at brought forward. have it structured in such a way that [email protected], and I would like to highlight some tax they could compete more effectively. remember that in 1,419 days, there is a provisions that need to be made perma- They understand the importance of bill arriving. nent. First of all, the $1,000 child tax creating taxpayers versus taxes be- I would put it to you in a question credit reverts to $500. For a family of cause those dollars, creating jobs, will like this. If you knew or you suddenly four, that is $2,000. In my case, my wife come back into the economy, and as we went to the mailbox and opened the Pat and I have six children. That is have seen with record revenues to the box up and there was a bill for $2,100 $3,000. It goes on and on, affecting peo- Federal Government, by cutting taxes and it was due immediately, that is ple right in their pocketbook. we have improved revenue. what is coming if these tax cuts are That $500 difference is not $500 that is The Republican-led Congress had not extended and made permanent. going for a corporate jet or some rich acted and extended these important Despite the fact of the economic im- and famous lifestyle for people who tax relief provisions to 2007, but we provement in this Nation, the Demo- were seen in the tabloid shows on TV. need to make them permanent. cratic Congress is committed to raise That $500 tax credit goes to real people I would like to defer now to my col- taxes. The last time they raised taxes who live in the real world. They are league from Pennsylvania to share was 25 days ago in the energy industry spending that on their children and in- some more of his perspective on this that has an effect on virtually every vesting that in their children’s future. issue. job in America, and now we are looking I believe we need to allow them to keep Mr. SHUSTER. I appreciate that. at a wide variety of taxes. more of what they earned because they You made a very important point Facts are stubborn things. The suc- are going to spend it in a way that is about the minimum wage. I think you cess of Republican tax relief initiatives going to benefit their children and and I both voted at the end of the last are undeniable. That is the reason that their children’s children. Congress to increase the minimum Congressman SHUSTER and I and the Congresswoman DRAKE mentioned wage, but it failed in the Senate. It was Countdown Crew like to say we want to earlier the 10 percent tax bracket. Con- not able to get through in the Senate. create taxpayers, not raise taxes. We trary to some of the spin in the media, What is happening here today is that want to create taxpayers, not create the truth of the matter is that the tax our friends on the other side, they new taxes because the job creators who burdens have been pushed upward. It is stand up on the House floor and claim are out there are real people, like Jack those with more that are paying more that they have raised the minimum Kingston who was in the insurance in- now with the structure of these cuts. wage when, in fact, all they have done dustry; Thelma Drake from Virginia Millions of people have been taken off is pass it in the House. It is not law now who was a Realtor; Bill Shuster the tax rolls, and in fact, the 10 percent yet. It takes both bodies to pass it. who worked in the automotive support bracket was created specifically as a Thank goodness for the United industry. I worked in the manufac- transition for lower-income earners so States Senate. They are putting back turing industry, and all of us saw first- their tax burden would not be that in those tax cuts for small business. hand the impact of government poli- high, that they would be able to keep They are absolutely critical for small cies that were often well meant by more of what they earn to be sure they businesses. folks that passed these laws, but they meet their basic necessities. That 10 Mr. DAVIS of Kentucky. Just as an never worked out in that environment percent bracket will disappear when aside, if the gentleman would yield, I to understand the impact that it had those tax cuts expire in 2010 without am becoming a much bigger fan of the on the pocketbook of working Ameri- action from Congress and from the policies and rules of the U.S. Senate cans. Senate and from the President of the since November 8. As we stand here tonight for the sev- United States. Mr. SHUSTER. I agree with you on enth week since the Democrats took I would mention in a light moment that. control of Congress, I am pleased to re- that Kentucky is the home of Ken- There is a small amusement park in port one thing, though, is that the tucky Fried Chicken. We were meeting my district, Lakelawn Park, and I was Democrats have come to the realiza- with KFC franchisees from all around talking to the general manager of tion that some facts just cannot be ig- the country that came into Wash- Lakelawn Park, and he told me the in- nored. ington last week to give their small crease in the minimum wage is going This week, the House will vote on business ownership perspective, what to cost him between $130,000 to $150,000 H.R. 976, and that is the Small Business they do in the food service industry, to the bottom line, and what they em- Tax Relief Act of 2007. This bipartisan and they talked unceasingly about the ploy are mainly high school kids in the legislation extends critical tax provi- benefits of tax policies that help work- summertime to run those rides. He said sions for small business owners and ing families, that help them as small that kids starting out at minimum paves the way for the House and the business owners that made sure that wage, if they had been there for a pe- Senate to come to agreement on rais- they could keep the dollars in their riod of time they certainly make more ing the minimum wage from $5.15 cents community, creating jobs in their com- than that. to $7.25. munity instead of sending it to bureau- I know you supported this measure, crats in Washington, D.C. b 2045 Mr. SHUSTER, and so did I, but we real- One thing that they brought up that But without any kind of tax decrease ize also how important this provision was very important and really affects or other kind of tax benefit, that is can be for young people just starting any capital-intensive business that going to cost them $130,000. It is going out, for working families, and I am they wished for was the continuation to cause him to hire less kids to work glad that the Democrats have realized of the 15-year accelerated depreciation in the summer because he is not going

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.073 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1461 to be able to afford that kind of hit to story, and how you utilized those tax portunity tax credit does is it his bottom line. So we passed it here in cuts that have been put in place in the incentivizes small business owners to the House, we know, and unfortunately early 2000s and why we need to keep hire higher-risk employees, and the the national news media, unlike in 1995 them in place. So we would love to goal again is creating taxpayers. when the Republicans took control, I hear stories from business people, What are some examples of this? remember it well. The first 100 days, small, medium-sized, and large all Dealing with high-risk youth. My wife, every time the Republicans would pass around the country. We certainly Pat, and I worked with Youth on the something the national news media would appreciate that. Edge for over 20 years before I came to was quick to point out, Well, they At this time I will yield back to the Congress. And the one thing that I can haven’t done anything yet, they just gentleman from Kentucky. say is there are many young people passed the House. Mr. DAVIS of Kentucky. I thank the that need a vision; they need a new And that is all that happened here in gentleman and point out that we in the start to overcome mistakes that were the first 100 hours, is we passed the Countdown Crew can be contacted at made earlier, some wrong assumptions House. Minimum wage has not gone up. [email protected]. The they had about their environment, of- It will go up with probably a lot of Re- stories that we tell are about real peo- tentimes the consequences of poor de- publican votes if the Senate comes ple who are creating real jobs and live cisions that they made. through with the tax measures that in the real world, and they understand On first blush, a business owner could they proposed. And I know the House, the real effects of the policies that are be hard pressed to want to make that Johnny-come-lately to the tax cut for generated here in Washington, that investment. But what this tax credit small businesses, we are going to hope- create value, that create a future, and does is gives an offset to that business fully pass something here this week to those that create impediment and cre- owner to make that investment, to re- offer some of those tax cuts, but not ate barriers to growth. duce the risk, to give somebody a near enough what small businesses I think of my friend George Ham- chance. That is the kind of framework, need. Our small business owners are mond who runs Hammond Automotive. the kind of regulation that government out there every day creating jobs, He started in Covington, Kentucky, should give that allows the market to meeting payrolls, working long hours, years ago, and he invested in his busi- work, to bring out the best in people, and giving back to the community. ness the great benefits that have come and ultimately strengthen our econ- The community I come from, when from the tax cuts that were passed by omy in the long term. you look at who are the people that are the Republican Congress, allowing the You know, as I close tonight before contributing to the charities and the American people to keep more of what yielding to the gentleman from Penn- different civic organizations, it is the they own, have benefited him and his sylvania for his final words, our mis- small business owner, giving back to employees and family. His business has sion in the Countdown Crew is to do its community to make it a better grown. In fact, he opened a new outlet, two things: first, it is to let the Amer- place to live. So I think it is so impor- a new store in Burlington, Kentucky, ican people know that in 1,419 days, a tant that we put tax breaks in, we to reach even more people and to cre- $2,100 bill is going to arrive in the mail make the ones permanent that we ate even more jobs. to basically every taxpayer in the passed in 2001 and 2003. It is like my friend Don Salyers who United States when the tax cuts that And I just have another story of a runs a river transport operation in have produced so much will be repealed small business owner from my district, Ashland, Kentucky, giving opportunity automatically, when they sunset. We Greg Rothman with RSR Realty in for creating more jobs and a future for need to allow people to keep more of Cumberland County, Pennsylvania, that community that is in economic what they earn. We have seen the great which is Carlisle, Pennsylvania, near transition. benefits that come to the economy Harrisburg, Pennsylvania. He has seen This week we are going to vote for a from that. a massive increase in his business due tax incentive package that will help to to the economic policies that were put keep the American economy strong by The other thing that we do in the in place over the last several years. extending tax policies that we passed Countdown Crew is we want to high- The lower tax burden has trickled in prior Congresses. We owe it to our light the positive impact of policies down, and houses are being sold and families and this Nation, to our work- that allow people to control their own houses are being built, more attractive ing families, to small business owners, lives. The government doesn’t create for the consumers to buy throughout and ultimately to the health of the jobs; all it can do is create a frame- Pennsylvania, and especially in central economy to allow people to keep more work and environment that either em- Pennsylvania in Cumberland County, of what they earn. We need to do more powers people or restrains them and Pennsylvania, and employment rate is that creates that future and creates holds them back. And what we want to about 3.3, 3.4, 4 percent, one of the low- taxpayers, instead of raising taxes. do is join with you and the Countdown est in the State. One thing that I would like to com- Crew, and you can contact us at Reductions in capital gains tax have ment on here tonight is the extension [email protected] to get allowed many empty nesters to enter of the work opportunity tax credit. the American people’s story here in the the housing market to buy homes, to Small business owners, especially those House of Representatives so that the improve what they are living in, or that have to take somebody and inten- Congress will know, and compel the downsize into nicer places. It has sively train them to bring them into Congress to act, to allow the small helped his realty business grow. And that workplace, into that small busi- business owners who create the bulk of since becoming a partner in RSR realty ness to make them into a taxpayer jobs in this country to keep more of in 1999, Greg has seen it grow from 20 need incentives and opportunities. For what they earn, to invest it in their Realtors to 60, which is an increase of example, we have many people who employees, to allow working families 40 jobs in about the past 7 or 8 years. have had some challenges in life, that to keep more of what they earn and in- And it is these economic policies that may have lived life on the edge, may be vest it in their employees; so that in we have put in place that have caused going through a transition in life, and 1,490 days we can continue creating op- this to happen; and Greg said that he we want to give them that oppor- portunities rather than stopping some- has seen the highest sales volume since tunity. But the way to do that is not to thing that has been a great benefit. he has entered the industry. mandate that. The way to do that is With that, I will yield to the gen- And I think that is important to tell not simply to set aside the taxpayers’ tleman from Pennsylvania to close. those kinds of stories. Those are real dollars with no stewardship or over- Mr. SHUSTER. I appreciate that. people; those are real jobs. And I want sight, but is to allow the market and And I think the point you made is to remind people that we would like to the economy to work by providing ac- worth repeating, because I know you hear those kinds of stories; we want to countability for those small business and I believe this and many of our col- hear from all across America. At the owners on the frontline, and also the leagues believe this, especially on this [email protected], you opportunity and the incentive to make side of the aisle, that government can send us in that story, your success an investment. And what the work op- doesn’t create jobs. We can only create

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.075 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1462 CONGRESSIONAL RECORD — HOUSE February 12, 2007 an environment to give people the op- the Northwest delegation to talk about trying to reauthorize to help pay for portunity to create jobs, small entre- a very, very important issue, the Se- the equipment and for the search and preneurs and business people across cure Rural Schools and Community rescue operations, to go on Federal this country. And our fiscal problems Self-Determination Act, H.R. 17, also land using county resources to look for in this country, our financial problems known as County Payments, that in these people who were lost, some of with the government, isn’t that the both this Congress and the last has whom perished. government taxes too little. It is that been a strongly bipartisan issue. The These vital county services and rural we spend entirely too much. And I DeFazio-Walden legislation, H.R. 17, a school programs were once funded by know the coming weeks, I know espe- bill to reauthorize and fund the County timber receipts, but because of virtual cially the new Members of Congress are Payments Program for 7 years to date elimination of the timber harvest on going to be put to the test to stand up enjoys the support of 114 cosponsors in our Federal forests, Congress approved and be accounted for, because there are this Congress. The exact same bill last the county payments to develop forest many people who say that America Congress had 139 cosponsors. health improvement projects on public voted for a change in November, and As I have said in 13 of 18 one-minute lands and simultaneously stimulate job they did. floor speeches: the failure of Congress, development in some of our rural com- But I know there is nobody in the either the last one or this one, to reau- munities. thorize the County Payments Program Ninth Congressional District and no- b 2100 body that I have come across as I trav- amounts to a breach of faith to more el this country that wanted to change than 600 forested counties all across This law has been a primary funding from a lower tax system to higher America and 4,400 school districts all mechanism to provide rural schools taxes. Nobody wants to do that. And across this country. with educational opportunities com- our goal is, in the Countdown Crew, to I would like to take a moment to parable to suburban and urban stu- make the American people aware that highlight a few of the impacts of the dents. It has also restored programs for the Democrats don’t have to do any- rural forested counties and school dis- students in rural schools and prevented thing; they can run out the clock, and tricts in America without these funds: the closure of numerous isolated rural on January 1, 2011, they will have the severe cuts in funding for jail beds; schools. It has allowed over 600 rural largest tax increase in American his- sheriffs’ patrols are being cut some- counties to address the severe road tory, over $200 billion. And I believe it times in half; criminal prosecutions maintenance backlog. is our duty to make sure that we are and the pursuit of meth cooks, all of Before I get into that, though, I talking about it so that the American that being reduced; rural school dis- would like to show you total Pacific people know what the majority intends tricts foregoing overdue repairs; may Northwest timber receipts. As you can to do by changing the rules on their not be able to buy textbooks, or face see here, it has fluctuated over the first couple of days of Congress from a significant challenges busing kids to years, but it has never been as low as it three-fifths majority to a simple ma- schools. It also means libraries will is today. There were big years of tim- jority to raise taxes, they have made it close in places like Jackson County, ber harvest, this one up, very large; but a lot easier to raise taxes. Oregon. generally it has been in this frame- They put PAYGO into place which I would like to draw your attention work, and you can see, really, since the only deals with new spending, and it to this poster here to my left. It is 1990s it has just gone way down. really does nothing to address the defi- from a young lady, a fifth grader The Federal Government has had a cits we have today. So PAYGO really named Alice from Ashland, Oregon, compact with these counties dating should be TAXGO, because that is what who utilizes one of the 15 Jackson back to when Teddy Roosevelt was the American people are going to see. County libraries where she lives, and President and created the great forest So, again, we urge you to e-mail us they are all scheduled to close in just a reserves, setting aside huge swaths of at [email protected], be- couple of months, in April, if we don’t land. Upwards to half of my district is cause we want to hear your stories reauthorize and fund the Secure Coun- under Federal management and con- about how you have put those tax cuts ty Schools legislation. trol, and many of my colleagues and into use to create jobs and make Amer- Alice has resolved to read all the some of my counties it is upwards to ica a more prosperous place. ‘‘Hank the Cowdog’’ books, but she 70, 75 percent. needs these libraries to stay open. She The Federal Government believed in f says: ‘‘Representative WALDEN, I live in 1908 and again in 1938 that it had a re- GENERAL LEAVE Ashland and I go to Bellview School. I sponsibility to help these communities Mr. WALDEN of Oregon. Mr. Speak- am in the fifth grade. I use our library surrounded by Federal lands because er, I ask unanimous consent that all a lot. We always use books on tape for these lands were not going to be on Members have 5 legislative days in car trips. My New Year’s resolution is their tax base. That is what started which to revise their remarks on the to read all the ‘‘Hank the Cowdog’’ this whole program. They used to share subject of my Special Order this books, and the library has them all. I timber receipts. As you can see, timber evening. need the library to stay open so I can harvests went down, the receipts went The SPEAKER pro tempore. Is there finish my resolution. I also use a lot of down. objection to the request of the gen- books here for school reports. Please You say, what happened to our wood tleman from Oregon? help to keep our library system open. products system? Well, here is what There was no objection. Sincerely, Alice.’’ happened. See what happened on Fed- f Alice is a fifth grader in Ashland, Or- eral forest lands. This is 1980 here, top egon. She gets it. If Alice can get it, level, about 11 billion board feet sold. THE SECURE RURAL SCHOOLS this Congress ought to be able to get it, Then it drops way down in the red. AND COMMUNITY SELF-DETER- and we ought to be able to keep the li- Where did we get the lumber? Imports. MINATION ACT braries open in Jackson County. Soft wood lumber imports right there, The SPEAKER pro tempore. Under Many of you in this Chamber and the blue and the yellow. the Speaker’s announced policy of Jan- Americans all across the land will re- So this came along, we said timber uary 18, 2007, the gentleman from Or- member the heart-wrenching service receipts are down, so we are going to egon (Mr. WALDEN) is recognized for 60 for the Kim family in southern Oregon replace it, 6 years ago, now almost 7. minutes. this winter, lost in the national forest, We authorized this Secure Rural Mr. WALDEN of Oregon. Mr. Speak- and the mountain climbers who per- Schools and Community Self-Deter- er, I want to welcome my colleagues ished on Mount Hood just 45 minutes mination Act. from Oregon who are in the Chamber from my home in Hood River. Both of The country has 7,500 national forests with me tonight. Congressman these counties, both of the search and and grasslands covering 192 million DEFAZIO and Congresswoman DARLENE rescue operations that took place used acres. That is the size of Texas, by the HOOLEY are here with me, and I know funds out of the program that Con- way. Our State of Oregon has 15 na- we will be joined by other members of gressman DEFAZIO and others and I are tional forests. We are proud of them.

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.076 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1463 You need to know they cover 14 million ning of this year, for the Kim family. improve them for future generations; acres, or nearly one-quarter of the You know, this is not, this was a dif- but without these funds, some of that State’s land mass. There are forests in ficult search and rescue mission, since investment will be put at risk. my district that cover nearly 12 mil- we didn’t know where that family was. Mr. WALDEN of Oregon. I would just lion acres. They were difficult to locate until like to follow up on something the gen- To put this in perspective, within the later they were found by high-tech tech tleman said. You talked about law en- Forest Service regions 8 and 9, which means. forcement needs on these rural lands. cover 34 States, all States east of the But the fact is that we will not even Wheeler County, Oregon, population Missouri River, Oklahoma and Texas, have the capability to begin those less than 2,000 people, has three depu- there are 52 national forests covering searches in many counties in southern ties and a sheriff. Total of four are 25 million acres. My district alone has Oregon and, indeed, across the West doing law enforcement. They will have nearly half that amount of acreage. and some other parts of the country if to layoff a quarter of their force as a You can see those of us in the rural this legislation is not reauthorized. result of the loss of this program if we West are really impacted by what goes Deputy sheriffs are already receiving don’t reauthorize it. on in the Federal lands, whether it is layoff notices. Counties don’t have the Now, I tell you that because they are search and rescue operations, forest same fiscal year as they have here in responsible for patrolling 1,833 square fire operations. You name it, it is ex- Washington D.C. miles. That is an area 30 times larger pensive. For many counties, the money au- than the District of Columbia. You are When the Federal reserves were cre- thorized last October is going to run going to have three officers, the sheriff ated, we set up this funding mecha- out about 3 months into their next fis- and a couple of deputies, over 30 times nism, again going back to 1908 and then cal year, so we have to begin now to the size of the district, you have got coming forward. The problem now is send out layoff notices. We will have more than that probably standing right promise to rural schools, the promise hundreds of thousands of square miles out behind us here. to rural communities, and the promise of the western United States with no Now, who are these deputies? One of to rural roads has been broken. It rural law enforcement. What a mecca them rides horseback. He is out riding broke last year, and it is up to us now for meth dealers, organized crime and horseback on Federal land, and what in this Congress to keep the faith with other criminal elements, potentially does he come across? I don’t know if the school kids of America and rural even terrorists, if our counties cannot you can see this, but he comes across a America, to keep faith with the re- support basic rural law enforcement $19 million marijuana grove. These lit- source advisory committees. They are services; 780 rural counties will lose tle vertical lines here, horizontal lines bringing environmentalists and others funding for roads, roads that provide here, are a marijuana grove, a Mexican drug cartel with illegal nationals doing together to improve forest health and the movement of the trees to the mills the cultivation. habitat, great projects all over the that provide the movement of Ameri- It is amazing to me they got it to country, to keep faith with basic coun- cans to recreate in their great public grow out there, but they did. It is a $19 ty services that are being provided, lands. Those funds would dramatically million growth spread over a quarter of funded by this program. cut and in some cases almost eliminate a mile of Federal lands, and it was one Folks, last checks went out the end it. of these sheriff deputies riding horse- of the year. What is happening now is Yes, we are talking about a lot of back that spotted this. These are on the pink slips are going out. Road de- money here, you are right. It is a lot of Federal lands. Why is the Federal Gov- partments are being cut in half. Coun- money where I come from. It is a lot of ernment doing this? Well, the Federal ty sheriffs’ departments are being cut money for most Americans: $400 mil- Government is helping to pay for some in half. School teachers getting pink lion a year is invested in counties and of this, but now it is breaking its prom- slips, being told, we are not sure we rural schools across America, and the ise. will have the money to hire you back return is many times that. I yield now to our colleague from Or- Let me talk about an element of next year. This is now a crisis, and it is egon (Ms. HOOLEY), who has been a real time for Congress to act. something we haven’t talked about champion in helping us on this. I would at this point like to yield to yet. It is not just critical services, not Ms. HOOLEY. I thank my colleague my colleague from Oregon, my partner just schools, not just law enforcement, for yielding. I just want to talk a little in this effort, H.R. 17, to reauthorize not just search and rescue. It is actu- bit about the commitment the Federal the Secure Rural Schools and Commu- ally benefits to the public lands. Here Government made. We made this com- nity Self-Determination Act, PETER on chart 1, I have before and after mitment, as one of my colleagues said, DEFAZIO from southern Oregon, the photos of hazardous fuels reduction almost 100 years ago, that we were Fourth District. near Eureka, California, in an at-risk going to help those counties that had a Mr. DEFAZIO. I thank the gentleman community adjacent to public lands in lot of timber. I used to be a county for yielding and for his leadership on northern California, obviously before, commissioner. Over 50 percent of the this issue and for bringing this both to after. That will cut fire fighting costs, Clackamas County was in Federal for- the attention of the House and the it will save lives, it will save resources. est land, which means we didn’t get American people. Obviously, we don’t Here we have another that depicts revenue from it. need to do much to communicate the peeled logs that are being used for tem- When we first started this program, level of concern with people at home porary utility poles, actually in the when we cut the timber, then we got and in our districts, or even in hun- southeastern United States after the revenue sharing. It was in lieu of taxes dreds of counties scattered across Katrina disaster. Again, these came because this was land we couldn’t tax, America. out of a watershed improvement pro- couldn’t develop, couldn’t tax. Then In fact, across America, over 4,400 gram, a fuel reduction program, funded when the forest land came along, obvi- rural schools in 40 States will lose by these payments. ously those numbers were cut. funding if this legislation is not reau- Then finally I have here, yes, eco- The rural counties had a double thorized. 4,400 rural school districts. nomic diversification, local economic whammy. They lost good-paying jobs You can bet most of those rural school development, small investments in and they lost that revenue sharing. Al- districts are already hurting trying to peeling logs and creating posts here at most 7 years ago, when we reauthorized provide the next generation of young the Hayfork South Highway Three this program to say we are going to Americans with a good education. In Fuels Reduction Project in California. help our rural communities, they are some counties all the rural schools will So these investments benefit the re- really important. I mean, rural com- be closed due to a lack of funding if source. So we are not just talking munities, I think, are what keeps us this legislation is not reauthorized. about crucial public services. We are the kind of country we are. I mean, My colleague from Oregon already also talking about money that we have that is where so many of our values talked earlier about the highly pub- put back into the resources. We live were started. licized search and rescue that went on there. We know how valuable these re- We said we were going to help them, back at the end of last year, the begin- sources are. We want to save them and and we were going to help with roads,

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.078 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1464 CONGRESSIONAL RECORD — HOUSE February 12, 2007 and they have just the number of miles you keep that promise. We need to time, in a county this size, and we have a rural county has, we are going to keep our promises to our counties. to relate this to our colleagues back help with roads. We would help with b 2115 here, they cannot understand how big those rural schools so that all of our our districts are, a county which is just children had a chance to go to school Mr. WALDEN of Oregon. If I could one of my counties, the size of the and have a good education. We said we follow up. You talked about Polk Coun- State of Connecticut had no rural law would help with law enforcement, so ty. Klamath County has a total law en- enforcement patrols outside of con- we were trying to help those counties forcement operation of 35 officers to tract deputies and a couple of small make sure they could keep going. patrol 6,000 square miles. 6,000 square communities, a county the size of the I want to tell you every county in my miles. They have to cut that by a State of Connecticut. And we are head- district is very frugal. I do not see pro- third. Sheriff Tom Evinger says they ed back to that point in many counties grams that are wasteful. They spend may well end up having no law enforce- in the western United States. every dollar they have as well as they ment patrols at night, nor do the state Ms. HOOLEY. I just want to remind can spend it. police patrol at night. people too in trying to get our col- If this, if we do not get the money for That is an area 100 times larger than leagues to understand, this is not an this program, let me talk a little bit the District of Columbia. And when Oregon problem, it is not just a Wash- about what is going to happen to some they do patrol they will have no back ington problem, it is not just a north- of my counties. One of my counties is up. I mean, this is really serious stuff, ern California problem, this is a prob- Polk County. It is a small rural farm- folks. Search and rescue as you men- lem across the United States. We are ing community. It is not as big as one tioned, the loss on Mt. Hood, but the hit specifically very hard because of of the counties you were talking about. loss down in southern Oregon, those the amount of Federal forests that we It only has 740 square miles. are just the two that caught the me- have in our State. But this cuts across, The county will essentially go down dia’s attention, and the country and I think it is 4,400 different school dis- to five deputies from 18 now; six of the world’s attention. tricts benefit from this program. It is those are paid by the Grand Ronde Let me suggest, as we all know from absolutely critical. Tribe, and they can only patrol a small the northwest, there are many, many Mr. WALDEN of Oregon. I do see we portion, but they will lose at least more search and rescue operations have been joined by a couple other of seven deputies. They have started a going on all of the time. colleagues, CATHY MCMORRIS ROGERS wonderful program to go after meth Ms. HOOLEY. They go on almost from the great State of Washington, and drugs. They have been very suc- daily. I just want to mention another who has been very active on forest and cessful. That program is going to be county. Tillamook County, which is a forest health issues when I chaired that gone. small coastal community. It is county subcommittee last session. The county jail is going to lose two that has struggled. And they struggle I know MIKE THOMPSON from north- positions, and let me tell you some- with high-paying jobs. They have had a ern California has joined us as well. He thing, they are already at the State terrible year with floods and wind has been active in helping us on this. minimum on county positions. I don’t storms. About everything bad that can Perhaps we could turn from our col- know what they are going to do when happen to a county has happened to league from Washington State. they lose two more. I don’t know how Tillamook County especially in this Mrs. MCMORRIS RODGERS. Thank you, they operate. They have a small dis- year. Mr. WALDEN and Mr. DEFAZIO for your trict attorney’s office. They are going But they are having to layoff any- leadership on this issue, for organizing to lose a secretary, and they are going where from 25 to 60 employees, they do this time for all of us this evening. to lose a DA, but this is just typical of not know yet. But literally they will I have the honor of representing a what is happening in every county. reduce their county road fund by half. district in eastern Washington. We are Now, I know you put up this chart, Again, it is a county that has struggled known for our vast public forests in and I want to put it up one more time, with floods. They have had a lot of re- that area. We have over 21⁄2 million because I think it is really important; pairs. I tried to get into Tillamook acres of forest lands. and this is a chart that is what has County to go look at the damage from And these lands and this timber happened to Federal timber receipts. floods. plays a very important role in our re- All you have to do is look since 1994, I found out, well, actually I couldn’t gion’s economy. Maintaining healthy you can see in 1990, it was the highest, get in from the north, I couldn’t get in forests is essential to those who make or 1988, and then it has gone down and from the east, you had to go clear a living from the land, and for those down and down. So the counties are no around and come in going south to who use it for other purposes. longer getting money from the timber north to actually get to Tillamook Unfortunately there are a number of receipts. County. So many of their roads were critical issues that impact the health The only way we can keep these just wiped out, and yet they are going and the economic stability of the for- counties going is through this program to lose a good percentage of their coun- ests in our region. As many have men- that allows us to make sure that we ty road fund. tioned this evening, since 1908 the can continue our rural communities Mr. WALDEN of Oregon. I would counties that host forest lands from and that we can continue our schools, comment. And certainly the gentleman which timber is cut receive a share that we can continue law enforcement. from southern Oregon too, that Lake from the Federal Government of the You talked a little bit about search County, this is 93 percent of their road timber receipts, about 25 percent. and rescue. A couple of my counties budget. 93 percent of the road budget. I This is such important money for have had huge cases this year where, think you can probably put the State these counties and schools, used to and, again, you talked about loss of life of New Hampshire inside Lake County fund road improvements, fire stations, with the climbers on Mount Hood, we and still have some room to graze cat- police protection. And yet as the tim- talked about the Kim family. tle. ber sales have declined, funding re- Search and rescue, when you have a Ms. HOOLEY. I am sure you could ceived by the counties and schools have county that has a lot of wilderness, you Mr. WALDEN of Oregon. This is so also declined. It is because of that issue get people that are lost. We all feel serious to those counties. We have got that we come before you tonight, and badly when someone is lost, and none to get this done. that the Secure Rural Schools Fund of us will hesitate to go look for that Mr. DEFAZIO. We have been joined was originally established, and why it person, but it means it takes resources, by a couple of other Members, I am is so important that it continues to be it takes money to make that happen. sure we want to get to those. But just established. So the loss of money for these rural a quick thing. I came from Lane Coun- It is essential for the livelihood of counties is just devastating to them. ty, I was a commissioner in the early rural communities in eastern Wash- We made a promise, and I don’t know 1980s, when we had a drop off in timber ington. The Federal Government owns about you guys, but I grew up in a fam- revenues due to markets and not as the majority of the land in many of the ily that said, if you make a promise, catastrophic as this. And yet at that counties I represent, like others have

VerDate Aug 31 2005 05:35 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.079 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1465 mentioned tonight, for example tion where we have had devastating portant issue, an issue that impacts all Okanogan County, which is one of the burns, with now very little of that burn of our districts, and most important largest counties in the country, it is 73 being able to be salvaged. the people that live within our dis- percent owned by the Government. Mr. WALDEN of Oregon. I have here tricts. That means 27 percent of the remain- a chart showing wildland acres burned Mr. Speaker, and Members of this ing land that is under private owner- over the last several years. The yellow House, the Secure Rural Schools and ship is the tax base for a county that is indicates the year 2000, the green is Community Self Determination Act six times the size of Rhode Island. That 2005, the red is 2006, and the blue indi- was created to provide critical edu- is the funding from those lands that is cates a 10-year average. cation and transportation funding for used to support search and rescue. Last As you can see, this all starts back in all of the counties that do not receive year they saved a woman’s life. And May and ends in November. But, again, property tax from lands managed by this year they will be forced to cut the over several periods of years, last year, the National Forest Service and the special training and equipment and the we saw record amounts of fire on Fed- Bureau of Land Management. jobs of some of those who work on the eral lands. In fact, we spent a billion This program was enacted by this team. and a half dollars fighting fire. We Congress to compensate local govern- Without revenue from timber re- burned more than 9 million acres. That ments for the tax exempt status of ceipts, along with the inability to tax is a record. And it just keeps getting these public lands. The law authorizing Federal land, these communities do not worse and worse. So we have got a real these payments, as you have heard to- have enough money to provide essen- problem out in the forest, and that af- night, expired at the end of fiscal year tial community services and edu- fects our communities and our coun- 2006. cational opportunities. I remain hope- ties, because when you have these fires, And all of the counties that are ful that we will be able to find the what happens? Law enforcement has to touched by this issue received their funding for the reauthorization of this go out and manage the roads and man- last payment on December 2 of 2006. If program. ager the flow of people, and they are we do not reauthorize this funding by I am hopeful because we do not have doing around-the-clock vigil work on the 15th of March, county school dis- another option. In Ferry County, the do we have to evacuate or not. tricts will have to fire teachers, and re- largest employer was Vaagen Brothers And of course the Forest Service is duce critical education programs. Lumber. I say was because they had to involved too, but a lot of that burden Counties will be forced to slash their close in 2003. Ferry County has 18 per- falls on that local community. I have transportation budgets. My Congres- cent private ownership of land. And had whole communities close for very sional district is heavily impacted by they too are dependent upon these re- important times in the summer, be- this issue, because of over 1.2 million sources, and we need to keep the prom- cause of fires approaching. Sisters, Or- acres that are managed by the Na- ise to our rural communities and egon comes to mind. So your comment tional Forest Service. schools. about wildfires is very apropos tonight. The National Forest Service acreage In the State of Washington, half of Mrs. MCMORRIS RODGERS. Like in my district is twice the size of the the money from the secure rural many of the counties in Oregon, I State of Rhode Island, and every single schools goes to support schools. It would say we face a similar situation acre is exempt from property tax. No means $21 million for the State of in Washington State. And these are county in my district will be hurt more Washington, and although I would pre- counties that do not want to be de- than Del Norte County. I have a map of fer this money go to the schools that pendent on the Federal Government. Del Norte County, not wanting to be are actually timber-dependent schools, They would prefer for the Forest Serv- outdone by my friends with their nevertheless it is important money to ice to be managing these lands in such visuals, but no county will be hurt our schools. a way that would actually produce more in my district than Del Norte For Newport, Washington it means a more timber receipts and result in a County, where nearly 80 percent of the difference in music or art or maybe the healthier forest so we do not continue county, 80 percent of all of the land difference in a foreign language teach- to see these devastating fires every within the county is owned by our Fed- er. Our timber-dependent schools sim- year, and they are getting worse every eral Government. ply do not have the capacity to make year. Jan Moorehouse, the Superintendent up this kind of funding cut. The pur- But, unfortunately, that is not what of the school district up in Del Norte, pose of this act is to stabilize payments is happening. In the meantime, we real- and she was I think very, very succinct to counties that help support roads and ly do need to reauthorize the secure in pointing out the problem. I will just schools, provide projects that enhance rural schools. That is so important to tell you what she said. I cannot say it forest ecosystem health, and provide our local communities that are sur- any better. employment opportunities among the rounded by these National forests. She said, the loss of funding is heart Federal land management agencies. It provided the funding for schools wrenching and carries an enormous im- I wanted to point out last year, just and roads, and right now is ensuring pact on our ability to fund critical edu- one example in my district, we had that our rural communities survive cation programs for our youth. This is over 200,000 acres burn. Now this is in these difficult times. I thank you for our future leaders. These are the people Okanogan County, this is a county that the opportunity to speak. that will serve in Congress, serve in the is nearly 75 percent owned by the Fed- Mr. WALDEN of Oregon. We thank State legislature, run the businesses, eral Government. And what we see here you for coming out tonight to share be on the city council, the people that is the burn, the brown and the light your comments with our colleagues will make the money to generate the yellow is where over 200,000 acres were and others about the importance of greatness that our country is known burned. trying to get this reauthorized. I would for. The pink areas here 11⁄2 percent of yield now to our distinguished col- what burned is what is proposed to be league, the gentleman from the first b 2130 salvaged. Hopefully soon, although it is district of California, MIKE THOMPSON, And we are taking money right out in dispute too. This in my mind dem- whose district receives more than $6 of their education, the things that will onstrates part of the challenge that we million a year to help cover the costs benefit them the most. Without this have, because this is a recent example of law enforcement, education, and funding, the school district will have to in a county that is desperate for sup- other natural resource work that goes increase their class size and lay off as port for community services, trees on there. So I yield to my colleague many as 25 teachers. And that may not have been lost. In the past I would have from California. seem a lot to big city school districts, preferred for us to be able to go in Mr. THOMPSON of California. Well, I but up here it is nearly 10 percent of there, even like 10 years ago, and be thank the gentleman for yielding. I the entire teaching faculty. With more able to harvest some of these trees, want to thank all of you who have students and less teachers, this will create some timber receipts for this taken time to come to the floor to- dramatically reduce the student to county rather than facing this situa- night to talk about this very, very im- teacher ratio and shortchange our kids.

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.081 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1466 CONGRESSIONAL RECORD — HOUSE February 12, 2007 In addition to the loss of faculty, Del Wallowa County, 700 miles, county of the Resources Committee, Nick Ra- Norte County School District will have roads maintained by a staff of 14. Soon hall from West Virginia. And, yes, this to close their art and music programs, there will only be seven. That is pos- touches West Virginia too. There are and some of the smaller schools in our sibly one person for every 100 miles of communities at risk there that are county will have to close completely road or the same distance from here to working hard to help us move the reau- because they won’t have the money to Richmond, Virginia. You would have thorization bill for the longer-term keep the doors open. Now, this is going one road maintenance person. This funding in the Resources Committee, to require that the school district bus story is repeated over and over in my hopefully next month. students who live far from town travel district, Congresswoman HOOLEY’s dis- And obviously my colleague from over an hour each way to school on trict, your district, Congressman southern Oregon, Representative WAL- seasonably treacherous rural mountain DEFAZIO’s district, Congresswoman DEN, when he was Chair of the Forest roads. MCMORRIS RODGERS’ district. All over Subcommittee of Resources, he and I, Other county school districts in my the rural West we are facing this enor- quite quickly, and I think just about, district will also be hit hard and will mous problem. almost 2 years ago— have to eliminate teachers and staff for And people love to come out into Mr. WALDEN of Oregon. March of early literacy programs, special edu- their Federal forests. I love to get out 2005 we moved it out of subcommittee. Mr. DEFAZIO. Moved the authoriza- cation and arts education. The Klam- into our Federal forests. I love to back- tion out, but it unfortunately got hung ath-Trinity School District on the pack and do all the things many of us up in the process and never did become Hoopa Indian Reservation will have to do. It is a wonderful attraction. But law although we certainly saw more lay off eight teachers, nearly 15 percent people get lost, they get injured, and action on this side of the Hill than we of their entire faculty. who is there to pick them up? The local did in the Senate. And as I mentioned earlier, the Se- county. The county sheriff, the local Mr. WALDEN of Oregon. Would you cure Rural Schools and Community rescue patrol. And that is why this yield just on one point? Self-Determination Act also provides funding is so important so they will Mr. DEFAZIO. Yes, sure. critical funding for county transpor- have the resources, they will have the Mr. WALDEN of Oregon. Because you tation needs. Again, this is because the people when you break a leg or you fall mentioned West Virginia. And Rita counties do not receive property tax down an ice shaft somewhere. There is Griffith from Pocahontas County, she from land managed by the National somebody to come get you. And that is is a commissioner there. She says nine Forest Service and the Bureau of Land just the rescue part and the police full-time teaching positions will be cut Management. Humboldt County in my part. We have talked a lot about the and funding for an after-school forestry district has over 1,200 miles of county schools as well. education program will be lost. She is roads. The funding this program pro- I know my friend from Clackamas from Pocahontas County, West Vir- vides represents a large portion of that County, Congresswoman HOOLEY, did ginia. I have got examples from Alaska county’s road maintenance budgets. you want to comment? and Arizona to California and West Humboldt County has a maintenance Ms. HOOLEY. Well, this is a program Virginia, so you are right. backlog of over $150 million. Many that has worked well over the last 6 I thank the gentleman for yielding. other rural counties have similar back- years. It has helped bridge that budget Mr. DEFAZIO. And just since the logs, and the loss of this funding is gap created due to the lack of timber gentleman from California had ref- going to be devastating. harvested from our forest. And, again, erenced Del Norte County, I just want Back in Del Norte County, the trans- I want to remind people this is distrib- to talk about the county immediately portation money from this program uted to over 42 States; 4,400 rural to the north of that which would be represents 20 percent of the county school districts receive funding. Curry County, Oregon. road budget. And to add insult to in- If we want to support our rural com- Now, some people will say, look, why jury, 40 percent of the county roads in munities, if we want to make sure that don’t these counties just suck it up and Del Norte County are within the na- we have roads to drive on, if we believe take care of their own problems, raise tional forest. So the county is respon- law enforcement is important to every the taxes? Well, in Oregon, our local sible for maintaining the roads in the part of our State, then we have to fig- property tax structure is dictated by the State because of a property tax ini- very areas that are exempt from prop- ure out how to solve this problem. erty taxes. And I thank you and Representative tiative similar to the one that passed in California. The local commissioners Mr. Speaker and Members, I urge this DEFAZIO for all the work that you have do not have any options when it comes Congress to reauthorize and to fund done. But we have a full blown crisis on this very important program as soon as to that. our hands. That is what this is. This is Now, if Curry County was going to possible. It is unconscionable for the a crisis. And it will take support from grow its way out of this problem, a Federal Government to walk away our colleagues from both sides of the county that today has 12,000 houses from our obligation to help these rural aisle to help our rural communities valued at about $250,000 each, they counties. Rural counties depend on that are, frankly, in dire straits. This would have to add 35,000 houses valued these funds. They have no other option. is not just a little problem. This is a at $350,000 each, quadruple the size of We made a commitment, and it is up to great big huge problem for our rural the county. And, unfortunately, since us to follow through on that commit- communities. they are constrained by public ment. So I would urge my friends to join us lands—— Again, I thank you for taking the in our effort to reauthorize this pro- Mr. WALDEN of Oregon. And the time to put this Special Order together gram and pass a 1-year extension to ocean. and help us convince all of our col- give us a chance to work through these Mr. DEFAZIO. And the Pacific Ocean, leagues how necessary and how impor- difficult issues. some of those would have to be house tant this program is and how critically And, again, I thank you for all the boats, I guess. important these funds are to a large work that you have done on it. Ms. HOOLEY. It is hard to have a area within our great country. Mr. WALDEN of Oregon. And we ap- house boat in the ocean. Mr. WALDEN of Oregon. Thank you, preciate your help on it too. And I Mr. DEFAZIO. But it is very serious. Congressman THOMPSON. We appreciate think we have all signed a letter to the And there they are looking at the lay- your vigilance in our efforts to try and appropriators asking them that in the off of 16 of the 43 employees in the get this reauthorized; and your com- emergency supplemental they fund at Curry County Sheriff’s Office. And the ments tonight, I think, are very power- least a 1-year extension while we work sheriff would just then only be able to ful in our efforts. You talk about roads. on a longer equitable solution to this supervise the jail. There would no Morrow County road department has 19 problem. longer be a rural law enforcement, employees to service 850 miles of coun- My colleague from southern Oregon. which obviously jeopardizes the trav- ty roads. They are going to be forced to Mr. DEFAZIO. My friend, Representa- eling public and, again, raises the po- lay off at least seven, perhaps as many tive HOOLEY, mentioned reauthoriza- tential, as the gentleman from south- as nine. tion. I do want to thank the chairman ern Oregon who represents also eastern

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.083 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1467 Oregon pointed out, of a vacuum into In my district of Northern California, much to ask for this Congress to set which some of these gangs that are school boards, county officials, and aside a fraction of our $2.9 trillion highly organized in this country, some sheriff departments are currently in budget in order to keep our word to of which have come across the border crisis mode. For example, Siskiyou rural America. We need to act imme- from Mexico could infiltrate for meth- County is looking at a 91 percent loss diately to extend the Secure Rural amphetamine production or even grow- in school funding. In Tehama County, Schools safety net so our rural coun- ing marijuana. library hours, music, art, and physical ties can get out of crisis mode, and Mr. WALDEN of Oregon. And, in fact, education classes will be dramatically then we can all get back to working on you think about in our State and in cut. a long-term solution to our forest Northern California how many meth And this crisis extends well beyond health problems. labs have been found on Federal lands, education. County road safety pro- Again, I would like to thank my col- found by county sheriffs deputies gen- grams will be decimated as well. Sher- leagues here tonight for your efforts to erally. They are the ones out there. iff departments will also bear the brunt extend the Secure Rural Schools pro- Now, there are other law enforcement of these cuts. In total, eight of my 10 gram. I am committed to working with agencies, but a lot of it is that. counties are experiencing drastic budg- each of you until we are successful, and And I showed you the marijuana et declines because Congress has not I ask other Members of the House to growing that that lone deputy, by him- extended the Secure Rural Schools pro- recognize the incredible hardships that self, no backup, on horseback out gram. will result if this legislation is not re- riding in the Federal lands, found 6,000 It is important to point out to our newed. plants in a Mexican cartel drug traf- friends who represent urban areas that Mr. WALDEN of Oregon. Mr. Speak- ficking operation. This is going on out this crisis is not the fault of rural er, I thank the gentleman from the on Federal lands. And it is not like the counties. It is the fault of Federal poli- Second District California. Forest Service has a huge police force cies that are out of their control, spe- We appreciate your great work on to go patrol their own lands. They cifically the failure of Congress to ad- forest health issues and your support of don’t. And so it is a severe problem. dress that burden by extending the Se- this effort. You mentioned this was Ms. HOOLEY. I just want to add to cure and Rural Schools program. just a fraction of what we spend feder- the whole, when you are talking about In my home State of California, close ally for the Federal Government to drug problems and meth problems, we to half of the land area is owned by the keep its word. As you recall, we tried were one of the States that had, the Federal Government. And in my dis- to get an amendment on the floor dur- west coast was hit the hardest with trict that number is considerably larg- ing the debate over the continuing res- meth. It has now moved east. But I was er. In one of my counties, nearly 90 per- olution a week or so ago and we would just going to say, it is the rural coun- cent of the land is under Federal own- have paid for that by just taking a ties that are hit more by meth than are ership. This large Federal presence has fraction of what is spent for the whole the urban counties because they can go placed the counties I represent at a se- government. That fraction was .00086 out in the forest, they can make meth, percent of the Federal budget that cook meth out in the forestlands, grow vere economic disadvantage. Acreage would pay for this; but not just pay for marijuana. But we spend a lot of our that would normally be privately it, it would keep the commitment of time out there looking for drug prob- owned and, therefore, generating tax this government to the people out West lems, and it is a huge issue in all of our revenue to help fund essential local and elsewhere where there are forests rural counties. services, is, instead, locked away by that have been there for up until now Mr. DEFAZIO. But of course it ends the Federal Government. up in a lot of urban areas, so it is their President Teddy Roosevelt and our 100 years basically, 99 years. So it problem, too. predecessors who served in the 60th doesn’t take a lot to keep your word, Mr. WALDEN of Oregon. Exactly. We Congress recognized this problem and and we need to keep the promise re- have been joined by our colleague from addressed it with a promise which was garding forest health and schools and Northern California, Wally Herger, who enshrined in the law in 1908, that the roads and other things. serves the adjoining area, at least to Federal Government would pay its fair So we appreciate your work on this, mine. And I don’t know if he touches share of local costs by sending a per- Congressman HERGER. Thanks for your up against your district or not. But he centage of national forest revenues to leadership. does an extraordinarily able job rep- the counties that are home to Federal Mr. DEFAZIO. Mr. Speaker, let me resenting Northern California and has lands. just mention two other counties. I have been very active in forestry issues and This promise acknowledged that the got a list here. I see another gentleman forest health issues over the years. And rural counties we represent would not from Washington that we want to hear we are delighted you could join us to- be able to fund vital services like rural from him. But the most heavily im- night to talk about the importance of education, road maintenance and emer- pacted county in my district will be reauthorizing H.R. 17. gency care as long as enormous tracts Josephine County, and their general Mr. HERGER. I thank the gentleman, of land within their boundaries were fund revenues have dropped 69 percent. my good friend from Oregon, Mr. WAL- locked away under Federal control. Again, a dramatic loss of public safety. DEN. And I thank the work that Mr. We need to be very clear about the Mr. WALDEN of Oregon. That is a DEFAZIO is doing and the others in this nature of the promise that was struck county we share. incredibly, crucially important issue between Congress and rural forested Mr. DEFAZIO. Right. And road serv- that affects those of us in rural areas counties. These funds were not de- ices. And then in Coos County, more of the West, particularly, and in these signed to be a handout, and they are than half the general fund. Layoff no- forested areas. not part of any federally sponsored tices have already gone out to 100 out Like both of you, I have a heavily rural development program. They are of a 430-person workforce. Again, the forested district and I understand the an obligation. They are part of a com- deepest cuts, because it is the largest challenges that our rural communities pact between the Federal Government proportion of the budget, public safety, face because of the large Federal pres- and the people of rural America in rec- again, the loss of patrol deputies. It is ence in our area. ognition of the difficulties created by going to be a very, very difficult time Many of our fellow citizens, and even large Federal ownership. This compact when tourists from all across America some of the Members of this body, do must be honored by the 110th Congress come to southwest Oregon this sum- not realize that the presence of Federal that we are currently in. mer. If they are in an accident or have lands places a burden on nearby com- other problems in rural areas across munities. I am so pleased to join you b 2145 large swaths of our State, there will be tonight in shining the light on that The rural counties I represent, and I no immediate help for them. fact and reminding our colleagues that know this is true in other areas Mr. WALDEN of Oregon. Most of the the Secure Rural Schools program has throughout the West, have sacrificed a States this side of the Mississippi have expired and is in need of reauthoriza- great deal playing host to America’s less than 7 or 8 percent Federal owner- tion. national forests. I don’t think it is too ship. In my district, much like like

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.084 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1468 CONGRESSIONAL RECORD — HOUSE February 12, 2007 yours, Deschutes County is 79 percent suits have kept any activity in these of what remained. This was supposed to federally controlled. Lake is 78; Harney multipurpose areas. And I should make produce a steady and reliable level of timber is 78; Malheur is 76; Hood River is 72; this point: This is national forestland. to help meet the growing U.S. demand for Grant is 61; Wallowa is 58; and Baker is National forests were created to be building materials and wood products. 53 percent of the land masses under multipurpose, including commercial However, even this compromise was not Federal ownership and control. That is activity. If you want to lock it up and good enough for the radical environmentalists why this is so important that the Fed- not have any activity at all, the way to that have continuously used litigation to sharp- eral Government keep its word. do that is put it in a wilderness area. ly limit federal harvest levels. What resulted is I would like now to yield to our good This is not wilderness. Some de facto the closure of hundreds of mills throughout the friend and colleague from the Fourth policies, unfortunately, in the past Northwest—leaving thousands of people with- District of Washington, the Honorable have led to sometimes this being treat- out family wage jobs and many counties with DOC HASTINGS, whose district receives ed as wilderness areas but it is not. So little or no compensation for the impact of fed- $8.8 million a year to help with roads as a result of this, as a result of the eral land ownership. Today, we import more and schools in a very federally domi- timber receipts going down, these wood products than we ever did before, and nated area. counties who relied on the Federal re- the spotted owl—which was supposedly what DOC, you have been a terrific leader ceipts from timber because they all the litigation was about—isn’t any closer to in this effort, and we appreciate your couldn’t tax land now are facing huge, recovery as a result of our de facto zero har- coming down tonight. huge cuts. vest policy. Mr. HASTINGS of Washington. Mr. Chelan County in my district, one of Fortunately, the Congress at least recog- Speaker, I thank the gentleman for the counties that has 80 percent owner- nized the dramatic impact to local govern- yielding. ship by the Federal Government, will ments caused by the sharply declining Forest And I want to thank you and I want have severe cuts in education, road Service timber receipts. This is why we to thank Mr. DEFAZIO, both, for your maintenance, search and rescue, and passed the Secure Rural Schools and Com- work on this not only in this Congress, this is a big tourist area up there, and munity Self-Determination Act in 2000. This but your yeomen’s work at the end of the forestry education programs. law, which expired at the end of Fiscal Year the last Congress to try to get this Skamania County, a small county in 2006, enabled local governments to either re- problem resolved. And I apologize for the southern part of my district, loses main with the traditional receipt sharing sys- coming down late. I wanted to partici- 40 percent of its school budget. Forty tem or take a payment based on historical pate more fully, but the Rules Com- percent of its school budget. And here harvest levels. In addition, it authorized fund- mittee is meeting, as we are speaking, we are and that 40 percent starts at the ing for local governments to work in coopera- on the Iraq issue. So I was up there and end of last year and they have to get tion with interested stakeholders to carry out didn’t have a chance to come down. through the end of the year. special forest restoration projects. These pay- But let me make a couple of points So this is something that needs to be ments made the difference for many county here. This really is about keeping a resolved, and I really appreciate your governments that would otherwise not be able commitment that was made by the allowing me to come down to partici- to provide essential services. Federal Government to the counties. pate in this. Both of you have been Today, however, the future of these pay- And you just made the point there that really champions on getting this ments is in doubt. Despite the many efforts on States with counties in the western through. And, hopefully, we will be both sides of the aisle, we were unable to se- part of the United States have a lot of successful sooner rather than later, be- cure an extension of this bill before the 109th Federal ownership. I have two counties cause these counties and these commu- Congress adjourned. I am proud of the fact that I just want to talk about in my nities in our States simply can’t wait. that the House did at least identify and act district where over 80 percent of their Mr. Speaker, I join my colleagues here this upon a couple of legislative items last year land is owned by the Federal Govern- evening to urge this Congress to take action that would have helped offset the cost of the ment. Now, by definition that means now and extend the Secure Rural Schools and reauthorization. However, the situation re- that 80 percent of the taxable land that Community Self-Determination Act, commonly mains that we need to find a way to get the the county commission would have is referred to as the county payments bill. This county payments extension through the Con- not subject to taxation. bill is an essential lifeline of support for rural gress and on to the President. Time is quickly The decision was made over 100 years communities throughout the country that are running out for these rural communities. ago for these national forestlands, impacted by federal forest land ownership. Let me give you examples of what will hap- which is principally in my area. I know I thank my colleagues, GREG WALDEN and pen to two of my counties if we fail to act now. you have some development lands in PETER DEFAZIO, for their steadfast efforts to Chelan County, which is almost 80 percent yours. But since they don’t have tax- address this problem. federally-owned land, will face severe cuts in ation, they said okay. Deals were What we are talking about here tonight is education, road maintenance, search and res- worked out many years ago that you keeping a promise—a promise made to county cue operations and many other county serv- can have the revenue from harvesting governments a century ago in what was then ices. In addition, they would be forced to elimi- the timber, which worked out very, still the early years of the National Forest sys- nate the Forestry Education Program, which very well. So that is the Federal policy tem. County governments, of course, cannot takes ‘‘at risk kids’’ from several local rural that was made. The Federal Govern- tax the Federal Government. However, they school districts and involves them in hands on ment owns the land in these counties; still must provide for schools, roads, and habitat restoration projects during the summer. so, therefore, they can’t tax it. It is emergency services. The Congress recog- This program is administered with the help of Federal policy. In the early 1990s, an- nized this reality when it promised these com- Washington State University and local employ- other Federal policy or interpretation, munities that they would get a fair share of ees of state and federal agencies and has I should probably say, of a Federal pol- revenue produced from federal forest lands as been recognized by the National Association icy has led to a decline in timber re- compensation for the tax exempt status of fed- of County Officials. ceipts, as you can see here by the eral forest lands. This revenue sharing, which In Skamania County, which is more than 80 chart. Congress made permanent in 1908, served all percent tax exempt federal land, the local Mr. WALDEN of Oregon. This chart parties well and was for many years an equi- school districts will lose 40 percent of their here shows it very clearly. table solution to the problem. current budget. That means the loss of dozens Mr. HASTINGS of Washington. When Unfortunately, since the early 90s, special of teachers and support positions, the shut- President Clinton, to his credit, tried interest groups that oppose federal timber tering of school buildings, and dramatic cut- to come up with a forest plan, the cur- sales have used the Endangered Species Act backs in classes and extracurricular offerings. rent level at that time of timber har- to bring harvest activities in the Pacific North- The county government would be forced to cut vest was 41⁄2 billion board-feet, and the west to a standstill. The Clinton administration more than half of their law enforcement per- promise was that you could at least attempted to resolve the crisis by brokering sonnel, road workers, and court employees. harvest 1.1 billion, 25 percent of it. We the Northwest Forest Plan in 1994, which These people will likely have to leave the are not even close to that. We are not called for setting aside 80 percent of the fed- county to find alternate employment, taking even close to that because the interpre- eral forests in the Northwest and allowing for their families with them and further eroding the tation of that law and the ensuing law- a modest level of continued harvest on some county’s economy.

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 9920 E:\CR\FM\K12FE7.085 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1469 Mr. Speaker, these are just a couple of ex- Mr. BAIRD. Mr. Speaker, I rise today to ex- REPORT ON RESOLUTION PRO- amples of the kinds of the consequences to press support for full reauthorization of the Se- VIDING FOR CONSIDERATION OF real communities if we fail to act. I again urge cure Rural Schools and Community Self De- H. CON. RES. 63, IRAQ WAR RESO- the leadership of the Congress to move the termination Act. LUTION extension of the county payments bill on the My district in southwest Washington state is Ms. SLAUGHTER, from the Com- next available legislative vehicle. Let’s keep one of the 10 most forested districts in the en- mittee on Rules, submitted a privi- our promise to these local governments and tire country. Because so much of the land in leged report (Rept. No. 110–12) on the reauthorize the Secure Rural Schools and my district is under the control of the Forest resolution (H. Res. 157) providing for Community Self-Determination Act before it’s Service, counties in my district like Lewis, consideration of the bill (H. Con. Res. too late. Skamania, and Cowlitz rely on the Secure 63) disapproving of the decision of the Mr. WALDEN of Oregon. Mr. Speak- Rural Schools program. They are among 27 President announced on January 10, er, I thank the gentleman for his work counties in Washington state that rely on 2007, to deploy more than 20,000 addi- and his help in the Rules Committee funds of over $40 million a year. tional United States combat troops to and on this issue. These communities do not want to rely on Iraq, which was referred to the House You have been most diligent and this program, but a long series of events have Calendar and ordered to be printed. most helpful and we appreciate your left them without recourse. comments tonight. Harney County For decades, heavily forested counties f Judge Steve Grasty has said, ‘‘Loss of could rely on 25 percent of revenue generated LEAVE OF ABSENCE this program means losing future op- by timber harvest in our federal forests. Na- By unanimous consent, leave of ab- portunities for young people here and tional Forests cannot be taxed locally, so this sence was granted to: in rural counties across America.’’ We was a fair exchange. As timber harvest plum- Mr. CRAMER (at the request of Mr. have comments like that, and I am meted in the 1980s and 1990s, these local HOYER) for today on account of a death sure Peter does as well, from every governments were left with barely enough in the family. county that is affected, every school funds to operate essential government serv- Mr. EDWARDS (at the request of Mr. superintendent who is trying now to ices, including schools. The 2000 Secure HOYER) for today on account of medical work with their school boards to figure Rural Schools and Community Self Determina- reasons. out who stays, who goes, what gets cut, tion Act saved these communities from dying Mr. KAGEN (at the request of Mr. what gets left behind, and what do we off. It has allowed them to hire teachers, keep HOYER) for today on account of travel do to help rural kids keep up in a libraries open, and provide the services that problems. school system that is going to be dev- many of us take for granted. Mrs. JO ANN DAVIS of Virginia (at the astated by the loss of these dollars. And Secure Rural Schools is about more request of Mr. BOEHNER) for February 5 This is a national problem. These are then county payments. The program also au- national lands. National policy deter- through February 16 on account of thorizes Resource Advisory Councils and des- medical reasons. mines what happens on these lands, ignates 15 percent to 20 percent of the county and you can see by the reduction in payments towards these Councils, known as f Federal timber receipts, one of the out- RACs. RACs bring together members of the SPECIAL ORDERS GRANTED comes of Federal policy has been near community including environmentalists, labor By unanimous consent, permission to elimination of receipts, which has groups, and local elected officials to collabo- brought us to this legislation, which address the House, following the legis- rate on necessary forestry projects. These for- lative program and any special orders now is expired. And I appreciate the estry projects include preventive thinning that work of my colleague from the Fourth heretofore entered, was granted to: limits the danger of fires in our forests. Over (The following Members (at the re- District of Washington as we work to 9 million acres of land burned in fires in 2006. quest of Mr. PALLONE) to revise and ex- reauthorize this to keep the Federal Collaborative efforts to prevent this damage Government’s promise to rural schools, tend their remarks and include extra- are a model that needs to be refined and ex- neous material:) rural roads, rural counties, and our panded. That can only happen if we continue Mr. PALLONE, for 5 minutes, today. Federal forestlands. funding the program. Ms. WOOLSEY, for 5 minutes, today. And I yield to my colleague. For the 780 counties, 4,400 school districts, Mr. DEFAZIO. Well, again just to re- Mrs. MCCARTHY of New York, for 5 and millions of Americans affected by this pro- minutes, today. iterate, 4,400 school districts across gram, I implore my colleagues to help reau- America, I believe, of more than 800 Mr. GEORGE MILLER of California, for thorize and fund the Secure Rural Schools 5 minutes, today. counties are impacted. Critical law en- and Community Self Determination Act. If we Ms. NORTON, for 5 minutes, today. forcement, public safety, search and fail to reauthorize this critical program, coun- Mr. COSTA, for 5 minutes, today. rescue services, road maintenance serv- ties in my district will see their school district Mr. MILLER of North Carolina, for 5 ices, schools, school class size, school budgets cut by more than 40 percent, commu- infrastructure, all these things are on minutes, today. nity programs and services will be slashed, (The following Members (at the re- the cutting block. Benton County in and jobs will be lost. quest of Mr. DUNCAN) to revise and ex- my district tried a levy. It failed. We must act now. Again, the cuts will be targeted at law tend their remarks and include extra- enforcement and the sheriffs’ offices. f neous material:) That is the biggest part of the general Mr. MCHENRY, for 5 minutes, Feb- fund for virtually all my counties. RECESS ruary 15. They have no choice. The SPEAKER pro tempore (Mr. Mr. BISHOP of Utah, for 5 minutes, February 13. Mr. WALDEN of Oregon. I am told CARNEY). Pursuant to clause 12(a) of our time is about up. I just appreciate rule I, the Chair declares the House in Mr. BURTON of Indiana, for 5 minutes, your help and that of our colleagues. recess subject to the call of the Chair. today and February 14, 15, and 16. I would encourage all of our col- Accordingly (at 9 o’clock and 55 min- Mr. DUNCAN, for 5 minutes, today. leagues who are listening tonight, help utes p.m.), the House stood in recess (The following Member (at his own us pass H.R. 17. Help us keep the prom- subject to the call of the Chair. request) to revise and extend his re- ise to these rural people who are sur- marks and include extraneous mate- rounded in their areas by Federal f rial:) lands, which are gorgeous and we love Mr. KINGSTON, for 5 minutes, today. them, but we need your help to deal b 2255 f with them. Again, I thank all of our colleagues AFTER RECESS ADJOURNMENT who came down at this very late hour The recess having expired, the House Ms. SLAUGHTER. Mr. Speaker, I on the East Coast to share their com- was called to order by the Speaker pro move that the House do now adjourn. ments and concerns. And together we tempore (Mr. CARDOZA) at 10 o’clock The motion was agreed to; accord- can keep the promise for America. and 55 minutes p.m. ingly (at 10 o’clock and 56 minutes

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.036 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE H1470 CONGRESSIONAL RECORD — HOUSE February 12, 2007 p.m.), under its previous order, the REPORTS OF COMMITTEES ON that purpose; to the Committee on Energy House adjourned until tomorrow, Tues- PUBLIC BILLS AND RESOLUTIONS and Commerce. day, February 13, 2007, at 9 a.m., for By Mr. WAXMAN (for himself and Mr. Under clause 2 of rule XIII, reports of TOM DAVIS of Virginia): morning hour debate. committees were delivered to the Clerk H.R. 984. A bill to provide for reform in the for printing and reference to the proper operations of the executive branch; to the f calendar, as follows: Committee on Oversight and Government Reform. Mr. OBERSTAR. Committee on Transpor- By Mr. WAXMAN (for himself, Mr. EXECUTIVE COMMUNICATIONS, tation and Infrastructure. H.R. 342. A bill to PLATTS, Mr. VAN HOLLEN, and Mr. ETC. designate the United States courthouse lo- TOM DAVIS of Virginia): cated at 555 Independence Street, Cape Under clause 8 of rule XII, executive H.R. 985. A bill to amend title 5, United Girardeau, Missouri, as the ‘‘Rush Hudson communications were taken from the States Code, to clarify which disclosures of Limbaugh, Sr., United States Courthouse’’, information are protected from prohibited Speaker’s table and referred as follows: with amendments (Rept. 110–10). Referred to personnel practices; to require a statement 588. A letter from the Administrator, Rural the House Calendar. in nondisclosure policies, forms, and agree- Housing Service, Department of Agriculture, Mr. OBERSTAR. Committee on Transpor- ments to the effect that such policies, forms, transmitting the Department’s final rule — tation and Infrastructure. H.R. 798. A bill to and agreements are consistent with certain Direct Single Family Housing Loans and direct the Administrator of General Services disclosure protections, and for other pur- Grants (RIN: 0575-AC54) received January 12, to install a photovoltaic system for the poses; to the Committee on Oversight and 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the headquarters building of the Department of Government Reform, and in addition to the Committee on Financial Services. Energy (Rept. 110–11). Referred to the Com- Committee on Armed Services, for a period 589. A letter from the Regulations Coordi- mittee of the Whole on the State of the to be subsequently determined by the Speak- nator, Department of Health and Human Union. er, in each case for consideration of such pro- Services, transmitting the Department’s Ms. SLAUGHTER. Committee on Rules. visions as fall within the jurisdiction of the final rule — Healthy Tomorrows Partnership House Resolution 157. Resolution providing committee concerned. for Children Program (RIN: 0906-AA70) re- for consideration of the concurrent resolu- By Mr. COURTNEY (for himself, Mr. ceived January 29, 2007, pursuant to 5 U.S.C. tion (H. Con. Res. 63) disapproving of the de- SHAYS, Ms. DELAURO, Mr. LARSON of 801(a)(1)(A); to the Committee on Energy and cision of the President announced on Janu- Connecticut, and Mr. MURPHY of Con- Commerce. ary 10, 2007, to deploy more than 20,000 addi- 590. A letter from the Chief of Immigration necticut): tional United States combat troops to Iraq H.R. 986. A bill to amend the Wild and Sce- Unit, Department of Justice, transmitting (Rept. 110–12). Referred to the House Cal- nic Rivers Act to designate certain segments the Department’s final rule — Board of Im- endar. of the Eightmile River in the State of Con- migration Appeals: Composition of Board f necticut as components of the National Wild and Temporary Board Members [EOIR Dock- and Scenic Rivers System, and for other pur- et No. 1581] (RIN: 1125-AA57) received Decem- PUBLIC BILLS AND RESOLUTIONS poses; to the Committee on Natural Re- ber 21, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); Under clause 2 of rule XII, public sources. to the Committee on the Judiciary. By Mr. TANNER (for himself, Mr. 591. A letter from the Federal Register Cer- bills and resolutions were introduced GILLMOR, Mr. LANTOS, Ms. ROS- tifying Office, Department of the Treasury, and severally referred, as follows: LEHTINEN, Mr. WEXLER, and Mr. transmitting the Department’s final rule — By Mr. NORWOOD (for himself and Mr. GALLEGLY): Administrative Offset Under Reciprocal DINGELL): H.R. 987. A bill to endorse further enlarge- Agreements With States (RIN: 1510-AB09) re- H.R. 979. A bill to amend title I of the Em- ment of the North Atlantic Treaty Organiza- ceived January 9, 2007, pursuant to 5 U.S.C. ployee Retirement Income Security Act of tion (NATO) and to facilitate the timely ad- 801(a)(1)(A); to the Committee on the Judici- 1974, title XXVII of the Public Health Serv- mission of new members to NATO, and for ary. ice Act, and the Internal Revenue Code of other purposes; to the Committee on Foreign 592. A letter from the Chief, Office of Regu- 1986 to protect consumers in managed care Affairs. lation Policy & Mgt., VA, Department of plans and other health coverage; to the Com- By Mr. CALVERT: Veteran’s Affairs, transmitting the Depart- mittee on Energy and Commerce, and in ad- H.R. 988. A bill to designate the facility of ment’s final rule — Accrued Benefits (RIN: dition to the Committees on Education and the United States Postal Service located at 2900-AM28) received December 29, 2006, pursu- Labor, and Ways and Means, for a period to 5757 Tilton Avenue in Riverside, California, ant to 5 U.S.C. 801(a)(1)(A); to the Committee be subsequently determined by the Speaker, as the ‘‘Lieutenant Todd Jason Bryant Post on Veterans’ Affairs. in each case for consideration of such provi- Office‘‘; to the Committee on Oversight and 593. A letter from the Chief, Publications sions as fall within the jurisdiction of the Government Reform. and Regulations Branch, Internal Revenue committee concerned. By Mr. BOREN (for himself and Mr. Service, transmitting the Service’s final rule By Mr. KILDEE (for himself and Mr. CHABOT): — Ruling and determination letters (Rev. DUNCAN): H.R. 989. A bill to prevent undue disruption Proc. 2007-8) received January 5, 2007, pursu- H.R. 980. A bill to provide collective bar- of interstate commerce by limiting civil ac- ant to 5 U.S.C. 801(a)(1)(A); to the Committee gaining rights for public safety officers em- tions brought against persons whose only on Ways and Means. ployed by States or their political subdivi- role with regard to a product in the stream 594. A letter from the Chief, Publications sions; to the Committee on Education and of commerce is as a lawful seller of the prod- and Regulations Branch, Internal Revenue Labor. uct; to the Committee on the Judiciary, and Service, transmitting the Service’s final rule By Mrs. JONES of Ohio (for herself and in addition to the Committee on Energy and — Last-in, First-out inventories (Rev. Rul. Mr. ENGLISH of Pennsylvania): Commerce, for a period to be subsequently 2007-6) received January 11, 2007, pursuant to H.R. 981. A bill to amend the Internal Rev- determined by the Speaker, in each case for 5 U.S.C. 801(a)(1)(A); to the Committee on enue Code of 1986 to exempt from the harbor consideration of such provisions as fall with- Ways and Means. maintenance tax certain commercial cargo in the jurisdiction of the committee con- 595. A letter from the Chief, Publications loaded or unloaded at United States ports in cerned. and Regulations Branch, Internal Revenue the Great Lakes Saint Lawrence Seaway By Mr. GEORGE MILLER of California Service, transmitting the Service’s final rule System; to the Committee on Ways and (for himself, Mr. MCKEON, Mr. — Weighted Average Interest Rates Update Means. HINOJOSA, and Mr. KELLER): [Notice 2007-12] received January 11, 2007, By Mr. LANTOS (for himself, Mr. H.R. 990. A bill to provide all low-income pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- WOLF, Ms. ROS-LEHTINEN, Mr. PRICE students with the same opportunity to re- mittee on Ways and Means. of North Carolina, Mr. DREIER, Mr. ceive a Pell Grant by eliminating the tuition 596. A letter from the Chief, Publications ACKERMAN, Mr. BERMAN, Mr. BURTON sensitivity provision in the Pell Grant pro- and Regulations Branch, Internal Revenue of Indiana, Mr. CROWLEY, Ms. JACK- gram; to the Committee on Education and Service, transmitting the Service’s final rule SON-LEE of Texas, Mr. SCHIFF, and Labor. — Low-Income Housing Credit (Rev. Rul. Mr. SMITH of New Jersey): By Mr. CAMPBELL of California: 2007-5) received January 10, 2007, pursuant to H.R. 982. A bill to promote democratic val- H.R. 991. A bill to amend the Internal Rev- 5 U.S.C. 801(a)(1)(A); to the Committee on ues and enhance democracy, and for other enue Code of 1986 to allow individuals eligi- Ways and Means. purposes; to the Committee on Foreign Af- ble for veterans health benefits to contribute 597. A letter from the Chief, Publications fairs. to health savings accounts; to the Com- and Regulations Branch, Internal Revenue By Mr. GENE GREEN of Texas (for mittee on Ways and Means. Service, transmitting the Service’s final rule himself and Mr. PICKERING): By Ms. DELAURO: — Modification of the Substantial Assistance H.R. 983. A bill to preserve local radio H.R. 992. A bill to amend the Federal Food, Rules [Notice 2007-13] received January 10, broadcast emergency and other services and Drug, and Cosmetic Act and the Federal 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the to require the Federal Communications Meat Inspection Act to require that food Committee on Ways and Means. Commission to conduct a rulemaking for that contains product from a cloned animal

VerDate Aug 31 2005 03:58 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.092 H12FEPT1 jcorcoran on PROD1PC62 with HOUSE February 12, 2007 CONGRESSIONAL RECORD — HOUSE H1471 be labeled accordingly, and for other pur- the Speaker, in each case for consideration complete their assigned missions; to the poses; to the Committee on Agriculture, and of such provisions as fall within the jurisdic- Committee on Armed Services. in addition to the Committee on Energy and tion of the committee concerned. By Mr. LIPINSKI: Commerce, for a period to be subsequently By Mrs. MCCARTHY of New York (for H. Res. 152. A resolution expressing the determined by the Speaker, in each case for herself and Mr. LEWIS of Georgia): sense of the House of Representatives that consideration of such provisions as fall with- H.R. 998. A bill to direct the Librarian of the President should transmit to Congress in the jurisdiction of the committee con- Congress and the Secretary of the Smithso- detailed reports on the situation in Iraq to cerned. nian Institution to carry out a joint project facilitate greater congressional oversight, By Mr. FEENEY: at the Library of Congress and the National work with the international community to H.R. 993. A bill to amend title 18, United Museum of African American History and create an international peacekeeping force States Code, to reaffirm the intent of Con- Culture to collect video and audio recordings and reconstruction program for Iraq, and gress in the Sentencing Reform Act of 1984, of personal histories and testimonials of in- seek to convene a peace conference in a neu- and for other purposes; to the Committee on dividuals who participated in the Civil tral location to encourage Iraq’s ethnic and the Judiciary. Rights movement, and for other purposes; to religious factions to achieve the important By Mr. HALL of New York (for himself, the Committee on House Administration. goals of national reconciliation, security, Mr. HINCHEY, Mr. ENGEL, Mrs. LOWEY, By Mr. MILLER of Florida: and governance for Iraq; to the Committee and Mr. SHAYS): H.R. 999. A bill to provide for the Secretary on Foreign Affairs, and in addition to the H.R. 994. A bill to require the Nuclear Reg- of Agriculture to release the reversionary in- Committee on Armed Services, for a period ulatory Commission to conduct an Inde- terest of the United States on certain land in to be subsequently determined by the Speak- pendent Safety Assessment of the Indian the State of Florida if encroachments and er, in each case for consideration of such pro- Point Energy Center; to the Committee on trespassing have occurred on that land, and visions as fall within the jurisdiction of the Energy and Commerce. for other purposes; to the Committee on Ag- committee concerned. By Mr. HARE (for himself, Mr. KIRK, riculture. By Mr. PUTNAM: Mr. LOBIONDO, Mr. CARTER, Mr. By Ms. NORTON (for herself, Ms. KIL- H. Res. 153. A resolution electing minority BARTLETT of Maryland, Mr. PEARCE, PATRICK, Mr. LYNCH, Mr. DELAHUNT, members to a committee of the House of Mr. BOREN, Mr. MOORE of Kansas, Mr. Mr. MARKEY, Mr. MEEHAN, Mr. FRANK Representatives; considered and agreed to. BILIRAKIS, Mr. BURTON of Indiana, of Massachusetts, Mr. MCGOVERN, By Mr. COHEN: Mr. MILLER of Florida, Mr. HINCHEY, Mr. OLVER, Mr. CAPUANO, Mr. H. Res. 154. A resolution recognizing Stax Mr. DAVIS of Illinois, Mr. RUSH, Ms. TIERNEY, and Mr. NEAL of Massachu- Records for enriching the Nation’s Cultural BORDALLO, Ms. SCHAKOWSKY, Mr. setts): life with ‘‘50 years of soul’’; to the Com- WALZ of Minnesota, Mr. MITCHELL, H.R. 1000. A bill to award a congressional mittee on Education and Labor. Mr. EMANUEL, Mr. SHIMKUS, Mr. gold medal to Edward William Brooke III in By Mr. CROWLEY: JOHNSON of Illinois, Mr. HALL of New recognition of his unprecedented and endur- H. Res. 155. A resolution condemning the York, and Mr. ROSKAM): ing service to our Nation; to the Committee assassination of human rights advocate and H.R. 995. A bill to amend Public Law 106- on Financial Services. outspoken defender of freedom of the press, 348 to extend the authorization for estab- By Mr. SPRATT: Turkish-Armenian journalist Hrant Dink on lishing a memorial in the District of Colum- H.R. 1001. A bill to amend the Haitian January 19, 2007; to the Committee on For- bia or its environs to honor veterans who be- Hemispheric Opportunity through Partner- eign Affairs. came disabled while serving in the Armed ship Encouragement Act of 2006 to extend By Mr. MORAN of Virginia: Forces of the United States; to the Com- the date for the President to determine if H. Res. 156. A resolution honoring and mittee on Natural Resources. Haiti meets certain requirements, and for thanking John Thomas Caulfield for a life- By Ms. KAPTUR (for herself, Mrs. other purposes; to the Committee on Ways long professional commitment to public CAPPS, Ms. NORTON, Mrs. MALONEY of and Means. service and for his years of dedicated service New York, Ms. MILLENDER-MCDON- By Mr. SPRATT (for himself and Mrs. on behalf of the United States Capitol Po- ALD, Ms. DELAURO, Ms. CORRINE MYRICK): lice, the Capitol Police Board, and the Con- BROWN of Florida, Mrs. JONES of H.R. 1002. A bill to authorize appropriate gress; to the Committee on House Adminis- Ohio, Mr. PALLONE, Ms. HIRONO, Mr. action if the negotiations with the People’s tration. REHBERG, Ms. WATERS, Ms. BERKLEY, Republic of China regarding China’s under- and Ms. WASSERMAN SCHULTZ): valued currency and currency manipulation f H.R. 996. A bill to provide for the issuance are not successful; to the Committee on of a semipostal in order to afford a conven- Ways and Means. PRIVATE BILLS AND ient means by which members of the public By Ms. WATSON: RESOLUTIONS may contribute towards the acquisition of H.R. 1003. A bill to amend the Foreign Af- Under clause 3 of rule XII. works of art to honor female pioneers in fairs Reform and Restructuring Act of 1998 to Mr. GONZALEZ introduced a bill (H.R. Government service; to the Committee on reauthorize the United States Advisory Com- 1005) for the relief of Vicente Beltran Luna; Oversight and Government Reform, and in mission on Public Diplomacy; to the Com- which was referred to the Committee on the addition to the Committee on House Admin- mittee on Foreign Affairs. Judiciary. istration, for a period to be subsequently de- By Ms. WOOLSEY (for herself, Mr. termined by the Speaker, in each case for GRIJALVA, Mr. LANTOS, Mr. KILDEE, f consideration of such provisions as fall with- Ms. JACKSON-LEE of Texas, Mr. in the jurisdiction of the committee con- MCGOVERN, Mr. SCOTT of Virginia, ADDITIONAL SPONSORS cerned. Ms. NORTON, and Ms. KILPATRICK): Under clause 7 of rule XII, sponsors By Mr. KING of Iowa (for himself, Mr. H.R. 1004. A bill to authorize the Attorney were added to public bills and resolu- KING of New York, Mr. SALI, Mrs. General to make grants to improve the abil- tions as follows: BACHMANN, Ms. FOXX, Mr. BURTON of ity of State and local governments to pre- Indiana, Mr. PENCE, Mr. DOOLITTLE, vent the abduction of children by family February 12, 2007 Mr. SAM JOHNSON of Texas, Mrs. members, and for other purposes; to the H.R. 23: Mr. SHIMKUS and Ms. ESHOO. BLACKBURN, Mr. FEENEY, Mr. PRICE of Committee on the Judiciary. H.R. 25: Mr. TIAHRT. North Carolina, Mrs MCMORRIS ROD- By Mr. SKELTON (for himself, Mr. H.R. 34: Mr. COHEN. GERS, Mr. GINGREY, Mr. SESSIONS, Mr. LANTOS, and Mr. JONES of North H.R. 37: Mr. DENT. BURGESS, Mrs. CUBIN, Mr. SAXTON, Carolina): H.R. 42: Mr. GUTIERREZ and Mr. AL GREEN Mr. MILLER of Florida, Mr. SHUSTER, H. Con. Res. 63. Concurrent resolution dis- of Texas. Mr. WESTMORELAND, Mr. LINDER, Mrs. approving of the decision of the President H.R. 43: Mr. GUTIERREZ and Mr. BISHOP of CAPITO, Mr. HALL of Texas, Mr. LEWIS announced on January 10, 2007, to deploy Georgia. of Kentucky, and Mr. CULBERSON): more than 20,000 additional United States H.R. 50: Mr. BROWN of South Carolina. H.R. 997. A bill to declare English as the of- combat troops to Iraq; to the Committee on H.R. 73: Mr. MCINTYRE, Mr. YOUNG of Alas- ficial language of the United States, to es- Armed Services, and in addition to the Com- ka, and Mrs. MYRICK. tablish a uniform English language rule for mittee on Foreign Affairs, for a period to be H.R. 82: Mr. ALEXANDER, Mr. BARTLETT of naturalization, and to avoid misconstruc- subsequently determined by the Speaker, in Maryland, Mr. BISHOP of Utah, Mrs. BONO, tions of the English language texts of the each case for consideration of such provi- Mr. LINCOLN DAVIS of Tennessee, Mr. laws of the United States, pursuant to Con- sions as fall within the jurisdiction of the FORBES, Mr. GERLACH, Mr. KANJORSKI, Mr. gress’ powers to provide for the general wel- committee concerned. MORAN of Virginia, Mrs. NAPOLITANO, Mr. fare of the United States and to establish a By Mr. PENCE: PORTER, Mr. ROSKAM, Mrs. SCHMIDT, Mr. uniform rule of naturalization under article H. Con. Res. 64. Concurrent resolution ex- SIMPSON, Mr. STUPAK, Ms. SUTTON, and Mr. I, section 8, of the Constitution; to the Com- pressing the sense of Congress that no funds YARMUTH. mittee on Education and Labor, and in addi- should be cut off or reduced for American H.R. 84: Mr. MCCOTTER. tion to the Committee on the Judiciary, for troops in the field which would result in un- H.R. 85: Mr. MILLER of North Carolina. a period to be subsequently determined by dermining their safety or their ability to H.R. 119: Mr. PAYNE.

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H.R. 137: Mr. ARCURI. FERGUSON, Mr. UPTON, Mr. WHITFIELD, Mr. of Massachusetts, Mr. MCNULTY, Mr. TAN- H.R. 139: Mr. CALVERT. ALLEN, Mr. PICKERING, Mr. GINGREY, Mrs. NER, Mr. BECERRA, Mr. DOGGETT, Mr. POM- H.R. 156: Mr. FATTAH and Ms. SCHAKOWSKY. MYRICK, Mrs. CUBIN, Mr. JOHNSON of Georgia, EROY, Mrs. JONES of Ohio, Mr. THOMPSON of H.R. 169: Mr. GORDON. Mr. PITTS, and Mr. PAYNE. California, Mr. LARSON of Connecticut, Mr. H.R. 180: Mr. TANCREDO. H.R. 715: Mr. COHEN, Mr. KIND, Ms. CARSON, EMANUEL, Mr. BLUMENAUER, Mr. KIND, Mr. H.R. 184: Mr. DAVIS of Alabama. Ms. SUTTON, and Mr. JOHNSON of Georgia. PASCRELL, Ms. BERKLEY, Mr. CROWLEY, Mr. H.R. 197: Mr. LEWIS of Georgia, Ms. BALD- H.R. 722: Ms. SHEA-PORTER. VAN HOLLEN, Mr. MEEK of Florida, Ms. WIN, Mr. MOORE of Kansas, Mr. BOSWELL, and H.R. 723: Mr. HOEKSTRA and Mr. EHLERS. SCHWARTZ, Mr. DAVIS of Alabama, Mr. Mr. LEWIS of Kentucky. H.R. 734: Mr. MCKEON, Ms. WOOLSEY, Mr. SPRATT, Ms. VELA´ ZQUEZ, Ms. BEAN, Mr. HILL, H.R. 207: Mr. WAXMAN. BURGESS, Mr. SHIMKUS, and Mr. GONZALEZ. Mr. SHULER, Mr. CRAMER, Mr. MELANCON, Mr. H.R. 211: Mr. LEVIN and Ms. KILPATRICK. H.R. 741: Mr. CUMMINGS, Mr. THOMPSON of BOSWELL, Mr. SALAZAR, Mr. LINCOLN DAVIS CKERMAN H.R. 213: Mr. A . California, and Mr. WYNN. of Tennessee, Mr. BARROW, Mr. MATHESON, H.R. 260: Ms. SCHAKOWSKY and Mr. H.R. 743: Mrs. MUSGRAVE and Mr. BISHOP of Mr. MICHAUD, Mr. ELLSWORTH, Mr. MOORE of GILLMOR. Georgia. Kansas, Mr. MARSHALL, Mr. DONNELLY, Mr. H.R. 279: Mr. GINGREY and Mr. PAUL. H.R. 746: Ms. EDDIE BERNICE JOHNSON of BOYD of Florida, Mr. CARDOZA, Mr. MAHONEY H.R. 297: Ms. SCHAKOWSKY. Texas, Mr. CLAY, and Mr. FATTAH. of Florida, Mr. ARCURI, Ms. GIFFORDS, Mr. H.R. 303: Mr. ROGERS of Kentucky and Ms. H.R. 759: Mr. COHEN, Mr. NADLER, and Mr. ROSS, Ms. HERSETH, Mr. COSTA, Mrs. SCHWARTZ. WOLF. GILLIBRAND, Mr. BISHOP of Georgia, and Mr. H.R. 402: Mr. GENE GREEN of Texas. H.R. 760: Mr. GUTIERREZ, Mr. LANTOS, Mr. BACA. ALZ H.R. 403: Mr. W of Minnesota. GEORGE MILLER of California, and Ms. H.R. 477: Ms. SUTTON, Mr. ROSS, Mr. H.J. Res. 22: Mr. KUHL of New York. BORDALLO. FOSSELLA, Mr. MCDERMOTT, and Mr. HALL of H. Con. Res. 39: Mr. NADLER, Mrs. CAPPS, H.R. 787: Mr. FILNER. Ms. DELAURO, Mr. MCGOVERN, Ms. Texas. H.R. 797: Mr. DOYLE, Mr. DAVIS of Alabama, H.R. 488: Mr. JOHNSON of Georgia and Ms. SCHWARTZ, Ms. MOORE of Wisconsin, Mrs. Mr. HIGGINS, and Mr. CUMMINGS. ACKSON EE NAPOLITANO, Ms. MATSUI, Mr. GRIJALVA, and J -L of Texas. H.R. 800: Mr. CUELLAR. H.R. 493: Mr. DOYLE, Mr. BISHOP of New Ms. SOLIS. H.R. 811: Mr. RANGEL, Ms. VELA´ ZQUEZ, Mr. York, Mr. SCOTT of Virginia, and Mr. MAR- FARR, Mr. MEEHAN, Mr. LIPINSKI, and Mr. H. Con. Res. 44: Mr. YOUNG of Alaska, Ms. KEY. WAMP. WATSON, Mr. BOSWELL, Mr. CARNAHAN, Mr. H.R. 502: Mr. GONZALEZ, Mrs. NAPOLITANO, H.R. 819: Ms. CASTOR, Mr. GENE GREEN of MEEKS of New York, Ms. HARMAN, Mr. Mr. GRIJALVA, Mr. GUTIERREZ, Mr. SERRANO, Texas, Mr. COSTA, Ms. VELA´ ZQUEZ, Mr. BECERRA, Mrs. CHRISTENSEN, and Mr. ISSA. and Mr. SIRES. HASTINGS of Florida, Mr. MARKEY, and Mr. H. Con. Res. 45: Mr. GERLACH and Mr. H.R. 508: Mr. OBERSTAR. DOGGETT. SMITH of New Jersey. H.R. 511: Mr. FORBES. H.R. 821: Mr. CONYERS, Mr. PAYNE, Ms. H. Con. Res. 50: Mr. BURTON of Indiana, Mr. H.R. 529: Mr. MICHAUD. CARSON, Mr. DAVIS of Illinois, Mr. FARR, Mr. ROGERS of Kentucky, Mr. SMITH of New Jer- H.R. 530: Mr. DELAHUNT, Mr. CAPUANO, Mr. KIRK, Mr. SHAYS, and Mr. GENE GREEN of sey, and Mrs. SCHMIDT. PETERSON of Minnesota, Mr. HARE, and Mrs. Texas. H. Con. Res. 55: Mr. PALLONE. CAPITO. H.R. 822: Mr. CONYERS, Mr. WYNN, Mr. H.R. 535: Mr. THOMPSON of Mississippi, Mr. H. Res. 53: Mr. TOWNS and Ms. WATERS. COHEN, Ms. CASTOR, Mr. BACA, Mr. AL GREEN MCGOVERN, and Mrs. MALONEY of New York. H. Res. 64: Mr. FRANK of Massachusetts, of Texas, and Mr. JOHNSON of Georgia. H.R. 539: Mr. HOLDEN, Mr. SOUDER, Ms. Mr. CROWLEY, Mr. ANDREWS, Mr. WEXLER, H.R. 855: Mr. FORBES and Mr. LEWIS of Ken- SCHAKOWSKY, Ms. NORTON, Mr. CARNEY, Mr. Mr. ENGEL, Mr. HASTINGS of Florida, Mr. tucky. BERMAN, and Mr. GEORGE MILLER of Cali- WILSON of South Carolina, Ms. SCHAKOWSKY, H.R. 866: Mr. LINDER, Mr. SMITH of Texas, fornia. Mr. PENCE, and Mrs. BIGGERT. Mr. GARY G. MILLER of California, Mr. BUR- H.R. 553: Mr. GILLMOR and Mr. KNOLLEN- H. Res. 67: Ms. NORTON, Mr. HALL of New GESS, and Mr. MCCAUL of Texas. BERG. York, and Mr. HOEKSTRA. H.R. 868: Mr. POMEROY and Mr. SESTAK. H.R. 556: Mrs. CAPITO. H. Res. 76: Mr. RANGEL and Mr. FARR. H.R. 871: Mrs. LOWEY, Mr. LEWIS of Geor- H.R. 561: Mr. LIPINSKI. gia, and Mr. ROTHMAN. H. Res. 87: Mr. HENSARLING. H.R. 563: Mrs. CAPITO. H.R. 873: Ms. SCHAKOWSKY. H. Res. 88: Mr. MICA. H.R. 566: Mr. BRADY of Pennsylvania, Mr. H.R. 896: Mr. PETRI and Mr. KIND. H. Res. 101: Mr. PAYNE, Mr. NADLER, Mr. DAVIS of Alabama, and Mr. FILNER. H.R. 897: Mr. WALZ of Minnesota and Mr. H.R. 579: Mr. CLAY and Mr. WALZ of Min- WATT, and Mr. JOHNSON of Georgia. nesota. SPRATT. H. Res. 107: Mr. KLEIN of Florida, Mr. H.R. 898: Mr. WAMP, Ms. HARMAN, Mr. H.R. 617: Mr. LINCOLN DIAZ-BALART of Flor- LOBIONDO, Mr. CANTOR, Mr. CARNAHAN, Ms. ida. THOMPSON of California, Mrs. CAPPS, Mr. SCHAKOWSKY, Mr. GERLACH, Mrs. MYRICK, and H.R. 621: Mr. LEWIS of Georgia, Mr. FATTAH, Mr. BOREN, Mr. NADLER, Mr. Ms. BERKLEY. GOHMERT, and Mr. MARSHALL. WEXLER, Mr. SPRATT, Mr. CHANDLER, Mr. AN- H. Res. 118: Ms. JACKSON-LEE of Texas, Mr. H.R. 633: Mrs. BOYDA of Kansas. DREWS, Mr. HIGGINS, Mr. BISHOP of New TOWNS, Mr. LEWIS of Georgia, Mr. BRADY of H.R. 642: Ms. CARSON and Mr. PAYNE. York, Mr. BARROW, Mr. BOSWELL, Mr. BRADY Pennsylvania, Mr. PAYNE, Ms. KILPATRICK, H.R. 643: Mr. MOORE of Kansas. of Pennsylvania, Mr. BUTTERFIELD, Mr. CLY- Mr. CLAY, Mr. MOORE of Kansas, Ms. MOORE H.R. 645: Mr. OBERSTAR. BURN, Mr. CUELLAR, Mr. LINCOLN DAVIS of of Wisconsin, Ms. CARSON, Mr. RANGEL, Ms. H.R. 659: Mr. TOM DAVIS of Virginia. Tennessee, Mr. EDWARDS, Ms. HERSETH, Mr. CORRINE BROWN of Florida, and Ms. WATSON. HOLDEN, Ms. HOOLEY, Mr. ISRAEL, Mr. JACK- H.R. 670: Mrs. MALONEY of New York. H. Res. 122: Mr. FALEOMAVAEGA. H.R. 676: Mr. DELAHUNT, Ms. KAPTUR, and SON of Illinois, Mr. KANJORSKI, Ms. LEE, Ms. H. Res. 126: Ms. CARSON and Ms. SLAUGH- Ms. SOLIS. ZOE LOFGREN of California, Mrs. LOWEY, Ms. TER. H.R. 677: Mrs. MCCARTHY of New York, Mr. MATSUI, Mr. MORAN of Virginia, Mr. H. Res. 128: Ms. NORTON, Mr. JOHNSON of HINOJOSA, and Mr. JOHNSON of Georgia. SALAZAR, Ms. LINDA T. SA´ NCHEZ of Cali- Georgia, and Ms. WOOLSEY. H.R. 695: Ms. JACKSON-LEE of Texas and Mr. fornia, Ms. SLAUGHTER, Mr. UDALL of Colo- EMANUEL. rado, and Mr. WYNN. H. Res. 134: Mr. RUPPERSBERGER, Mr. VAN H.R. 699: Mr. DOOLITTLE, Mr. MCHENRY, H.R. 923: Mr. KENNEDY, Mrs. MALONEY of HOLLEN, Mrs. TAUSCHER, Mr. PASCRELL, Ms. Mrs. MCMORRIS RODGERS, Mr. BARTLETT of New York, Ms. SLAUGHTER, and Ms. JACKSON- NORTON, and Ms. CLARKE. Maryland, Mr. HAYES, Mr. SIMPSON, Mr. LEE of Texas. H. Res. 137: Mr. MCNULTY and Ms. MCCAUL of Texas, Mr. SHIMKUS, Mrs. CUBIN, H.R. 933: Mr. SOUDER. SCHAKOWSKY. Mr. HALL of Texas, and Mr. EHLERS. H.R. 971: Mr. SHAYS and Mr. GRIJALVA. H. Res. 147: Mr. SAM JOHNSON of Texas, Mr. H.R. 710: Mr. SESSIONS, Mr. SHIMKUS, Mr. H.R. 976: Mr. STARK, Mr. LEVIN, Mr. POE, Mrs. MUSGRAVE, and Mr. WESTMORE- SIMPSON, Mr. WILSON of South Carolina, Mr. MCDERMOTT, Mr. LEWIS of Georgia, Mr. NEAL LAND.

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Vol. 153 WASHINGTON, MONDAY, FEBRUARY 12, 2007 No. 26 Senate The Senate met at 1 p.m. and was Mr. CARDIN thereupon assumed the money we owe China and Japan, and called to order by the Honorable BEN- chair as Acting President pro tempore. we owe money—to Saudi Arabia, JAMIN L. CARDIN, a Senator from the f Singapore, on and on—to other coun- State of Maryland. tries. We even had to borrow money RECOGNITION OF THE MAJORITY from Mexico in recent years. PRAYER LEADER Senator CONRAD has indicated—and I The Chaplain, Dr. Barry C. Black, of- The ACTING PRESIDENT pro tem- have spent hours with him. I have fered the following prayer: pore. The majority leader is recog- spent hours with him and JUDD GREGG Let us pray. nized. talking about what we can do for the long-term economic future of this Lord, sometimes we reach the limits f of human ingenuity. Our knowledge country. I had hopes and anticipation, seems insufficient for life’s complexity, SCHEDULE but then these hopes were washed and our skills fail us in the storm. Mr. REID. Mr. President, today, fol- away. As Vice President CHENEY says, Supply the needs of our Senators lowing whatever time the leaders uti- we are doing nothing to change reve- today so that no difficulty will over- lize, the Senate will be in morning nues in any way. It is a one-way street, whelm them. Be in their heads and in business, with Senators permitted to this administration—all for the rich, their thinking. Be in their eyes and in speak for up to 10 minutes each. Last nothing for the poor, and in between their looking. Be in their mouth and in Thursday, we began consideration of the poor and the rich, the middle class their speaking. Be in their hearts and the continuing resolution. I then filed is being squeezed. The rich are getting in their understanding. Fill them with cloture, and that cloture vote will richer, far richer, and the poor are get- Your truth and empower them to face occur tomorrow morning, which is ting poorer. I am disappointed—and that is an un- the multitudes of pressing issues Tuesday. derstatement—in the budget we re- unafraid. As Members are aware, the current ceived recently from the President. It We pray in Your strong Name. Amen. funding resolution expires at midnight is like Iraq: He refuses to reverse f on Thursday, February 15. We have to course. The budget is the same, more of PLEDGE OF ALLEGIANCE complete action on this matter so it the same. can be signed by the President. This is Let’s see why we should be concerned The Honorable BENJAMIN L. CARDIN important. Members have until 2:30 led the Pledge of Allegiance, as follows: about this budget. It wasn’t long ago p.m. today to file any first-degree that Vice President CHENEY insisted I pledge allegiance to the Flag of the amendments to the resolution. As I United States of America, and to the Repub- that deficits don’t matter. I was speak- lic for which it stands, one nation under God, previously announced, there will be no ing today to a publisher of a large indivisible, with liberty and justice for all. rollcall votes today. newspaper—owns newspapers all over f f the country—and he and I lamented that we always thought Republicans APPOINTMENT OF ACTING THE ECONOMIC FUTURE OF AMERICA were for fiscal conservatism, fiscal in- PRESIDENT PRO TEMPORE tegrity. That is gone. No one believes The PRESIDING OFFICER. The Mr. REID. Mr. President, today I anymore that they care—red ink as far clerk will please read a communication wish to talk about the economic future as you can see. And, as Vice President to the Senate from the President pro of our country. CHENEY insisted, deficits don’t matter. tempore (Mr. BYRD). The economic future of our country But he is wrong. I know he and many The assistant legislative clerk read is bleak. During the last 3 years of the on the other side of the aisle obviously the following letter: Clinton administration, this Federal believe deficits don’t matter. The Re- U.S. SENATE, Government was spending less money publicans obviously believe this. Sen- PRESIDENT PRO TEMPORE, than it was taking in. We actually re- ate Republicans and House Republicans Washington, DC, February 12, 2007. tired the national debt by half a tril- may believe that but a lot fewer now To the Senate: lion dollars. Since President Clinton than before November 6 because Repub- Under the provisions of rule I, paragraph 3, left office, we have had the highest licans all over the country believe defi- of the Standing Rules of the Senate, I hereby deficits in the history of our country. appoint the Honorable BENJAMIN L. CARDIN, cits do matter. They do believe in fis- a Senator from the State of Maryland, to The Bush budgets have been record- cal integrity, that you pay your bills, perform the duties of the Chair. breakers but in the wrong way. We are you don’t spend money you don’t have. ROBERT C. BYRD, $3 trillion in new debt in the last 6 We Democrats agree with main- President pro tempore. years. We have doubled the amount of stream Republicans across the country.

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

S1813

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.000 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1814 CONGRESSIONAL RECORD — SENATE February 12, 2007 We believe in fiscal responsibility be- Perhaps even more important than industry is making more money this cause history proves that it works, and its debt and deception, the Bush budget year than ever before, last year it was we are convinced that massive deficits is simply disconnected from the needs more money than ever before, and the allowed to continue will undermine of middle-class America. Too many year before it was more money than growth and weaken America’s future. families today are struggling with ever before. It is no different from your own per- stagnating wages and rising prices for It continues Medicare overpayments sonal bank accounts, how you take everything from health care to the gro- to HMOs and other managed care care of your home, your family. Sure, ceries we buy. That is certainly true in plans. there may come times when you have Nevada. But instead of developing new This budget grants drilling rights to to borrow money, but you need to pay ways to meet these needs, the budget Alaskan wilderness. it back. You can’t have deficit-spend- offers few, if any, new ideas that would It continues tax breaks for multi- ing as far as the eye can see. How has help. In fact, many of its cuts would national corporations that outsource the Republican Party gotten off on al- make matters worse. For example, the jobs overseas, and remarkably it con- lowing these huge deficits to keep budget underfunds the State Children’s tinues to call for the privatization of building? Health Insurance Program which would Social Security with the deep benefit The administration’s budget it just jeopardize existing health coverage and cuts and massive debt. These discredited and outdated poli- gave us shows they are still trapped in leave millions of children uninsured. an outdated and discredited ideology. cies will not promote economic growth, Its ill-conceived health proposal would Rather than accepting the need for dis- they will not strengthen the middle threaten existing private health cov- cipline, President Bush’s budget con- class or make our country a better erage and actually drive up premiums, tinues to reject the strong pay-as-you- place. On the contrary, they will weak- the experts say. The budget cuts $300 go rules. What does this mean, pay-as- en our Nation and make middle-class billion from Medicare and Medicaid you-go? This is the rule we had in the life harder. Clinton years. What it means is that if and thus increases health care costs for We must do better. In coming weeks, you are going to lower taxes, you have many seniors. The budget cuts edu- led by our remarkable Budget chair- cation by $2 billion, and it even cuts to figure out a way to pay for it. If you man, Senator CONRAD, we will work to- are going to have a new spending pro- programs that are important to vet- gether with our colleagues to produce a gram, you have to have a way to pay erans and police officers. better budget; a fiscally responsible These cuts would have a major im- for it. You just can’t borrow money, budget based on the philosophy that, pact on many of my constituents and which is what has happened under yes, deficits do matter; a budget that many of the Presiding Officer’s con- President Bush. Pay-as-you-go rules returns the tough pay-as-you-go dis- stituents. Every State in the Union during the Clinton years promoted fis- cipline of the 1990s and balances the would feel the impact. There are al- cal responsibility. budget using real numbers, not pretend ready over 100,000 children in Nevada Rather than reducing our debt, as the numbers; a budget that puts the middle without health insurance. The Bush Democrats did under President Clin- class first and starts to address the budget would increase that number. At ton, the Bush budget calls for an addi- real problems facing working families, the same time, its deep cuts to Medi- tional $2.5 trillion in new borrowing, such as exploding health care costs and care and Medicaid threaten about causing our debt to balloon to almost rising tuition; a budget that reflects 300,000 Nevadans who rely on Medicare $12 trillion. I am not making up these the best of our core values, American and 170,000 Nevadans who depend on numbers. They come directly from the values, and lays the groundwork for a President’s budget. The real numbers Medicaid. Unfortunately, at the same time the strong and prosperous future. are even worse than those you find in Achieving such a budget won’t be administration is cutting programs im- the President’s budget, which leads me easy. Members on both sides of the portant to the middle class and the to my second major concern about the aisle would have to work together and poor, they are insisting on spending President’s budget—its refusal to be make some tough choices and com- hundreds of billions of dollars for hand- honest with the American people. promises, and the President must be outs for multimillionaires. I know the Let’s begin with the cost of the Iraq willing to rethink obsolete approaches administration generally believes that war. While the President continues to and help move his party and our Na- the very wealthy are the engine of eco- resist bipartisan efforts to reverse the tion in another direction. political and military course in Iraq, nomic growth. Democrats disagree. We But speaking for Democrats, while his own budget takes a very different believe the real engine of growth is a we know the challenge is great, we are approach. In fact, the budget contains strong middle class, and we think it is going to try. It is my hope that in the $50 billion only for the war in 2009 and wrong to burden middle-class tax- end we can finally move toward a new nothing thereafter. Does that mean the payers with the cost of massive spend- fiscal policy that combines old-fash- administration really wants to pull the ing for those at the top of the economic ioned values of fiscal discipline with troops out? Of course not. They want pyramid. the new and forward-looking approach Consider the President’s tax breaks to have it both ways—they want the that puts the middle class first. war, but they don’t want to pay for it. for people with incomes over $1 mil- I ask my time not interfere with the And their deceptive budget isn’t play- lion. They are huge—more than $150,000 time that has been set aside. Would the ing it straight. It is not being honest. a year if you make more than $1 mil- Presiding Officer remind me, do we The war costs, unfortunately, are lion. In 2008 alone, that cost will be $50 have a certain period of time for morn- only one example of the budgets decep- billion. Who gets the $50 billion? The ing business today? tion. Their budget also uses rosy as- millionaires, Mr. President, the mil- The ACTING PRESIDENT pro tem- sumptions about expected revenues. In lionaires. Think about that—$50 bil- pore. Under the previous order, there 2012 alone, the President assumes that lion. Where does it go? To the million- will be a transaction for morning busi- revenue will be $155 billion more than aires. At the same time he wants to cut ness with Senators permitted to speak projected by the nonpartisan Congres- education by $2 billion, the President for up to 10 minutes each. sional Budget Office. So instead of a wants to spend $50 billion on tax Mr. REID. I yield the floor. rosy surplus, Bush’s budget would run breaks for those with incomes over $1 f a huge deficit. million. That is not just fiscally irre- Beyond rosy assumptions, the budget sponsible and it is not just bad eco- RESERVATION OF LEADER TIME also claims to reach balance by assum- nomic policy, it is wrong. It is just The ACTING PRESIDENT pro tem- ing deep future cuts in domestic prior- plain wrong. pore. Under the previous order, the ities such as education. But how? Few Unfortunately, tax breaks for multi- leadership time is reserved. details. Exactly which programs will be millionaires are only one example of f cut? No details. By how much? Not for the many special interest handouts in sure. Few details. And who will be af- this budget we just got. MORNING BUSINESS fected? The budget doesn’t say. We It contains wasteful royalties and tax The ACTING PRESIDENT pro tem- know some. breaks for oil and gas companies. This pore. Under the previous order, there

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.001 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1815 will be a period for the transaction of 406 people. We get that by dividing 203 and more of the middle-income tax- morning business, with Senators per- million by 500,000. In 1969 Congress was payers. On May 23, 2005, the Sub- mitted to speak for up to 10 minutes motivated by the situations of the 155 committee on Taxation and IRS Over- each. taxpayers to enact a tax calculated to sight, the Committee on Finance, held The Senator from Iowa is recognized. impact about 406 people. a hearing entitled ‘‘Blowing the Cover Mr. GRASSLEY. I think the Senator Clearly, the situation has changed on the Stealth Tax: Exposing the Indi- from North Dakota wanted to be recog- dramatically in the last 30 years be- vidual AMT.’’ At that hearing, the na- nized. cause this year the AMT is going to hit tional taxpayers advocate Nina Olson Mr. DORGAN. I ask unanimous con- several million taxpayers. Although said: sent that following the presentation of not its only flaw, the most significant [t]he absence of an AMT indexing provision my colleague Senator GRASSLEY of defect of the alternative minimum tax is largely responsible for increasing the num- Iowa, I be recognized for a period of 20 is that it was not indexed for inflation. bers of middle-class taxpayers who are sub- minutes in morning business. If it had been indexed for inflation, we ject to the AMT regime. The ACTING PRESIDENT pro tem- would not be dealing with this tax Robert Carroll, who is now Deputy pore. Without objection, it is so or- problem and millions of people this Assistant Treasury Secretary for tax dered. year would not have to figure out if analysis and then was in the acting position, same title, testified: f they owed the alternative minimum tax. [t]he major reason the AMT has become such ALTERNATIVE MINIMUM TAX a growing problem is that, unlike the regular The failure to index the exemptions Mr. GRASSLEY. Mr. President, late- tax, the parallel tax system is not indexed and the rate brackets, the parameters for inflation. ly we have heard a lot about the alter- of the AMT, is a bipartisan problem. We also had at that hearing Douglas native minimum tax and the difficul- Perhaps a most notable opportunity to Holtz-Eakin, who at that time was di- ties involved in fixing it. Right now is index the AMT for inflation was the rector of the nonpartisan Congres- tax time so a lot of people are going passage of the Tax Reform Act in 1986. sional Budget Office: through the process of determining That law was passed by a Democratic If the 2005 [increased AMT] exemptions whether they owe the alternative min- House, a Republican Senate, and signed were made permanent and, along with other imum tax. I will visit with taxpayers by a Republican President. It is worth AMT parameters, indexed for inflation after about that. At another time I will go pointing out at that time, because of 2006, most of the increase over the coming into greater detail regarding some of the bipartisan cooperation, indexing decade in the number of taxpayers with AMT liability would disappear. these problems and what we need to do was a relatively new concept, and even to fix the alternative minimum tax. though they had a bipartisan oppor- Clearly, there is a consensus among Right now I want to explain how we tunity, they did not take advantage of knowledgeable people that the failure got into this situation. Of course, as it. One can argue that indexing of the to index the AMT for inflation has been and continues to be a serious problem with anything, it would be foolish to go AMT should have received more atten- and, in fact, for the most part, would forward on this issue without looking tion, but the fact is it did not then or be a solution to the problem if you back to see how we got to where we are any time since then, so we have the want to maintain the AMT. If you want now, after 40 years of the alternative problems I am discussing today. to argue for doing away with the AMT, minimum tax. The alternative min- Today it is impossible for anyone to imum tax, then, obviously has been that is another ball game. use the excuse that indexing is a new What makes the failure to index the with us for that long a period of time. concept. Maybe it could be used in 1986. AMT in 1986 and other years more dis- The individual minimum tax was the In a regular tax system, the personal astrous is repeated failure to deal with original name of the alternative min- exemptions, the standard deduction, the problem in additional legislation imum tax and was enacted first in 1969. the rate brackets are indexed for infla- that has actually compounded the This chart I am displaying highlights a tion. Government payments such as problem posed by the alternative min- few of the important and most recent Social Security benefits are indexed for imum tax. milestones in the evolution of the inflation and people would be hard Before I continue, I will catalog the AMT. I will not go into each of those pressed to go into most schools and evolution of the alternative minimum milestones in detail, but by looking at find a student who does not at least tax rate for a moment. The 1969 bill the chart you can see the AMT has not know that inflation was something to gave birth to the alternative minimum been a constant. There has been an al- be avoided or at least to be com- tax which established a minimum in- ternative minimum tax, but it has had pensated for through indexing. come tax rate of 10 percent in excess of some changes in the last 38 years. Despite what must be a nearly uni- the exemption of $30,000. In 1976, the First, the history of the AMT. In the versal awareness of inflation, though, rate was increased to 15 percent. In 1960s, Congress discovered only 155 tax- the alternative minimum tax, the In- 1978, graduated rates of 10, 20, and 25 payers—all people with incomes great- ternal Revenue Code equivalent of a were introduced. In 1982, the alter- er than $200,000 a year—were not pay- time capsule, remains the same year native minimum tax rate was set at a ing any taxes whatever. These tax- after year as the world changes around flat rate of 20 percent and was in- payers were able to use legitimate de- it. It must be obvious to everyone that creased to 21 percent in 1986. This is ductions and exemptions to eliminate the value of a buck has changed a lot not a complete list of legislative their entire tax liabilities—all legally. in the last 38 years, and all here are exchanges and fixes, and I am sure no one To emphasize, what they were doing perienced enough to have witnessed wants me to recite a full list but, very was not illegal, but Congress could not that change. importantly, I want to make sure that justify this at that time and it deter- More than anything else, the problem everyone realizes Congress has a long mined at that time that wealthy Amer- posed by the alternative minimum tax history of trying to fiddle with the icans ought to pay ‘‘some’’ amount of exists because of a failure to index that AMT in various ways but without tax to the Federal Government regard- portion of the Tax Code for inflation. doing anything permanent to it. Hence, less of the amount of legal ways of not Although $200,000 was an incredible we are here again this year considering paying tax. amount of money in 1969, the situation what to do. When Congress decided to do this, it is different today. I am not saying that Now, a great detail on recent bills was calculated only 1 in 500,000 tax- $200,000 is not a lot of money—because impacting the AMT. In 1990, the Omni- payers would ever be hit by the alter- it is, obviously, to most middle-income bus Budget Reconciliation Act is a re- native minimum tax. According to the people a lot of money—but $200,000 is sult of the famous Andrews Air Force Bureau of Census, we had at that time certainly going to buy less today than summit between President Bush and about 203 million people compared to it did in 1969. Democratic leaders on Capitol Hill. 300 million today. Making the assump- I also emphasize that I am not the Probably Republicans were involved, as tion that every single American was a only one saying the failure to index the well. That legislation raised the alter- taxpayer, the individual minimum tax alternative minimum tax for inflation native minimum tax rate from 21 per- was originally calculated to affect only is what is causing it to consume more cent to 24 percent and did not adjust

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As I have illustrated, the AMT is a was increased to $33,750 for individuals Mr. President, I ask unanimous con- problem that has been developing for a and $45,000 for joint returns, but that sent for 3 more minutes. while. Thirty-eight years down the was accompanied by yet an additional The ACTING PRESIDENT pro tem- road are we now. On numerous occa- rate increase. In 1993, the tax increase pore. Without objection, it is so or- sions, Congress has made adjustments passed this Senate with just Demo- dered. to the exemptions and rates, though cratic votes for it. No Republican voted Mr. GRASSLEY. Our friends in the not as part of a sustained effort to keep for it. House originally wanted to enact a the alternative minimum tax from fur- Once again, graduated rates were in- hold harmless only through the end of ther absorbing our Nation’s middle troduced, except this time they were 26 2001, while Senator BAUCUS and I were class. percent and 28 percent. By tinkering trying to do it through 2005. We got the Despite these temporary measures, with the rate and exemption levels of final bill the way Senator BAUCUS and the AMT is still a very real threat to the alternative minimum tax, these I wanted it. So it was not a problem millions of middle-income taxpayers bills were only doing what Congress then until the year 2005. who were never supposed to be sub- has been doing on a bipartisan basis for Since the 2001 tax relief bill, the Fi- jected to a minimum tax. That the al- almost 40 years, which is to undertake nance Committee has produced bipar- ternative minimum tax has grown a wholly inadequate approach to a tisan packages to continue to increase grossly beyond its original purpose— problem that keeps getting bigger and exemption amounts to keep taxpayers which was to ensure the wealthy were bigger and bigger. ahead of inflation, with the most re- not exempt from an income tax—is in- Aside from this futile tinkering that cent being the Tax Increase Prevention disputable and that the AMT is inher- has been done every few years, Con- and Reconciliation Act of 2005, which ently flawed would seem to be common gress has, in other circumstances, com- increased the AMT exemption to $62,550 sense. pletely ignored the impact of the tax for joint returns and $42,500 for individ- Despite a widespread sense that legislation on taxpayers caught by the uals through the end of 2006. something needs to be done, there is alternative minimum tax. In the 1990s, These packages put together since still disagreement on what needs to be a series of tax credits, such as the child 2001 are unique in that they are the done. Over the course of a few more re- tax credit and lifetime learning credit, first sustained attempt undertaken by marks on this floor, in days to come, I were adopted without any regard to the Congress to stem the spread of the will address some of those things we alternative minimum tax. The alter- AMT through inflation and hitting ought to do. But this is a case where native minimum tax limited the use of more middle-income taxpayers. Admit- well-intended legislation not being nonrefundable credits, and that did not tedly, these are all short-term fixes, paid attention to has turned out to be change. In other words, because of the but they illustrate a comprehension of a major tax problem in this country. AMT, we did not accomplish the good the AMT inflation problem and what Mr. President, I yield the floor. we wanted to with those credits for needs to be done to solve it. The ACTING PRESIDENT pro tem- lower middle-income and lower income So this leads us to the present day pore. The Senator from North Dakota people. Congress quickly realized the and the situation we currently face. In is recognized under the consent for 20 ridiculousness of this situation and 2004, the most recent year for which minutes. waived the alternative minimum tax the IRS has complete tax data, more f disallowance of nonrefundable personal than 3 million families and individuals credits, but it only did it through the were hit by the AMT. And those figures CONTINUING APPROPRIATIONS year 1998. for each State are shown on this chart Mr. DORGAN. Mr. President, I rise to In 1999, the issue again had to be behind me. You can see a breakdown by talk about two issues today. First, I dealt with. The Congress passed the State of families and individuals who will talk about the continuing resolu- Taxpayer Refund and Relief Act of 1999. paid the alternative minimum tax, tion that will be on the floor of the In the Senate, only Republicans voted even with our hold-harmless provisions Senate that we will likely finish this for that bill. That bill included a provi- in place. week. sion to do what I would advocate we This does not even begin to hint at I know there is some consternation ought to do right now: repeal the alter- what will happen if we do not continue about the fact that a continuing reso- native minimum tax. If President Clin- to protect taxpayers from the alter- lution is being done, but there was no ton had not vetoed that bill, we would native minimum tax. Barring an exten- choice. We were left with an awful not be here today. But we are here sion in the hold harmless contained in mess. This Congress was left with a today with a worse problem. the 2006 tax bill, AMT exemptions will mess where 10 appropriations bills were Later, in 1999, an extenders bill, in- return to their pre-2001 levels. At the completed by the Senate Appropria- cluding the fix, to fix it good through end of 2006, provisions allowing non- tions Committee but never brought to 2001, was enacted to hold the AMT back refundable personal tax credits to off- the floor of the Senate. They should for a little longer; in other words, not set AMT tax liability expired. If fur- have been done by October 1, signed by hitting more middle-income people. ther action is not taken, it is esti- the President. We are now months into In 2001, we departed from these tem- mated that the AMT could claim 35 the new fiscal year, and those appro- porary piecemeal solutions a little million families and individuals by the priations bills, done by the previous bit—at least a little bit—for 4 years end of this decade. That is just 3 years majority here in Congress, were not with the Economic Growth and Tax Re- away. Think of it: a tax originally con- completed, and so we are left with a lief Reconciliation Act of 2001. That ceived to counter the actions of 155 mess. 2001 bill permanently allows the child taxpayers in 1969 could hit 35 million We have put together, as best we can, tax credit, the adoption tax credit, and filers by the year 2010—a well-inten- a continuing resolution. We have made the individual retirement account con- tioned idea 40 years later with unin- some adjustments to that continuing tribution credit to be claimed against a tended consequences. Some analyses resolution. Earmarks are gone. These taxpayer’s alternative minimum tax. show that in the next decade, it may be are adjustments to avoid some cata- While this certainly was not a com- less costly to repeal the regular income strophic things that would have hap- plete solution, it was a step in the tax than the alternative minimum tax. pened without adjustments. right direction. Aside from considering the increased I wish to mention with respect to the More importantly, the 2001 bill was a financial burden the AMT puts on fam- energy and water chapter of that reso- bipartisan effort to stop the further in- ilies, we also should consider the op- lution that we have done a number of

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And it will end cronyism tion Halliburton, someone says you are ing to preserve the Office of Science, in key Government positions—having criticizing the Vice President. No. He which is the cutting-edge science that unqualified political appointees put in used to be president of that company. keeps us competitive in the world. positions that require people who know He has been gone a long while. This has That office would have had to lay off what they are doing. been Halliburton that gets big con- people had we not made some adjust- Let me talk about some of the things tracts from the Defense Department ments there. In the energy supply and we have found. I do this knowing, last and then doesn’t perform. conservation account, which is ongoing week, there were some oversight hear- Bunnatine Greenhouse is a woman and very important, we have made ings on the House side chaired by Con- who rose to become the highest rank- some adjustments. gressman WAXMAN. I commend him. ing civilian official in the Corps of En- The fact is, we have tried to find a There has been a dearth of oversight gineers in charge of all the con- way to address the mess we were left. hearings, almost none in the last cou- tracting, the highest ranking civilian We are doing it the best way we can. I ple of years—I guess the last 5 or 6 official who always got great reviews believe the best approach is to pass years, actually—because a majority of on her performance evaluations, until this continuing resolution. It is true the same party as the President do not the point when the Pentagon decided there are no so-called earmarks or want to hold hearings that embarrass to award a massive no-bid, sole-source what is, in effect, legislative-directed anyone. So there have been very few contract to Halliburton’s subsidiary spending. But it is also the case that oversight hearings. But the hearing called RIO, Restore Iraqi Oil. She pro- adjustments have been made in a num- held this past week in the House that tested that this was done in violation ber of areas, including the energy and caught my eye is one that followed a of proper contracting procedures. She water accounts, that will try to rem- hearing I held in the Senate with the was appalled when Halliburton was edy some of the otherwise very signifi- policy committee. They talked about found by auditors to have overcharged cant changes, in some cases cata- the fact that $12 billion in cash—most nearly double for fuel purchases. And strophic changes to the issues we care of it in stacks of one-hundred-dollar then the Defense Department, the folks a lot about—energy independence, en- bills—had been sent to Iraq; 363 tons of in charge of that, instead of being con- ergy conservation, renewable energy, U.S. cash currency flown in on wooden cerned about it, rushed to provide the company with a waiver. This waiver science, and so many other areas. pallets on C–130 airplanes. That would was provided without the approval of I am pleased to support this con- be, by the way, 19 planeloads of one- the contracting officer who was respon- tinuing resolution. I wish we were not hundred-dollar bills; 363 tons. doing it this way. If I had my druthers, Nearly half of that cash was sent in sible, Ms. Greenhouse. She was kept in we would have passed the appropria- the final 6 weeks before control of the the dark about that decision. She tions bills last year on time. That did Iraqi funds were turned over to the learned about the waiver when she read it in the newspaper. not happen. So we are now faced with Iraqi Government. These were Iraqi oil When she did speak up, she was by- this mess of fixing a mess that was cre- funds, funds with frozen Iraqi assets passed, ignored, and ultimately forced ated by last year’s majority. We do not here in the United States. The last to resign or face demotion. Here is have a choice. We have to do that. The shipment of $2.4 billion was the largest what she has said publicly, the highest Government would shut down if the shipment. It was the largest shipment ranking civilian official in the Corps of funding were not available for the ever in the Federal Reserve Board’s Engineers who blew the whistle on the agencies, so we have a responsibility, history. And that was 1 week before the good old boys network for contracts and we will meet that responsibility. government was turned over to the awarded, she felt, improperly: Government of Iraq. f I can unequivocally state that the abuse Cash payments were made from the related to contracts awarded to KBR rep- ACCOUNTABILITY IN GOVERNMENT back of a pickup truck. One official CONTRACTING resents the most blatant and improper con- was given $6.75 million in cash and told tract abuse I have witnessed during the Mr. DORGAN. Mr. President, I also to spend it in 1 week, before the in- course of my professional career. rise to talk about a piece of legislation terim Iraqi Government took control For saying this, this woman was de- dealing with contracting. The Federal of the funds. moted. She lost the job she had for Government is the largest contractor I had a person testify at my hearing being honest. And she, by all accounts, in the world. The U.S. Federal Govern- who said it was similar to the Wild was a top-notch contracting official. So ment contracts for a lot of things. I am West. Our refrain was bring a bag be- this 20-year contracting official, re- going to be introducing a piece of legis- cause we pay in cash. That is the way sponsible for all this, was ignored and lation that is entitled the Honest Lead- we do business. then demoted when she was critical of ership and Accountability in Con- In fact, I have a photograph of a fel- people whom she felt were violating tracting Act. There are some 23 Sen- low who testified at the hearing I held. the rules. What happened then to fill ators who have joined me as cosponsors These are one-hundred-dollar bills her job? The Corps of Engineers decided on that bill, and I will return to the wrapped in Saran Wrap in brick form. to replace her with a Pentagon official floor to speak about this later in the This was in a building in Iraq. This is who had 40 years of Government expe- week. But I wish to talk a little today the fellow who testified. He said people rience but none of it in Government about what this means and why we are used to play catch with them like foot- contracting. At a hearing of the Senate introducing it. ball. He said it was the Wild West. Energy Committee, General Strock ad- I held 10 oversight hearings in the Bring a bag, we pay in cash. mitted the person who replaced Ms. Democratic policy committee, as We know a substantial amount of Greenhouse was not certified as an ac- chairman of that committee, on the cash disappeared—some American tax- quisition professional. He stated that issue of contracting abuses in Iraq. I payer money, some belonging to the Ms. Riley required a waiver in order to held two oversight hearings on the people of Iraq—with almost no ac- apply for her new position. Ms. Riley issue of contracting abuses with re- countability. has now ‘‘gone to school’’ and has been spect to the response to Hurricane I wish to talk about accountability. brought up to speed about what she Katrina. We have put together, as a re- If there was a lack of accountability— needs to know as a contract official. sult of the abuses we have seen with and there certainly was, with respect Sound familiar? It does to me. It is this contracting, a piece of legislation to what happened in Iraq and also here happening all too often. which will do the following: It will pun- at home with Katrina—what will be Let’s take a look at what I found in ish those who are war profiteers. And the accountability going forward? How some of the hearings. Yes, it is about

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I sat in This is from an internal Halliburton where there were no hostilities at all, a grocery store parking lot one Sunday report written by the top water quality but they didn’t have the right wrench morning talking to Paul on the phone, person at Halliburton. These are con- to fix it; $85,000 brand new truck aban- asking if he would come to testify at a tracts we pay for. We pay a company to doned because they had a plugged fuel hearing. He wasn’t anxious to do it, but provide water to the military installa- pump. It didn’t matter. With a cost- he finally did. This is Paul Mullinax. tions that now exist in Iraq. Who is ac- plus contract, the American taxpayers This is his truck, an 18-wheel truck. countable for having water sent to our pick up the tab. A case of Coca-Cola, Let me tell you the story Paul told. troops, non-potable water that is more Hurricane Katrina hit. And one of $45. Gasoline was delivered by Halli- contaminated than water in the Eu- burton for twice the cost that the in- the things that was necessary to be phrates River? provided to the victims of the hurri- ternal part of the Defense Department CPT Michelle Callahan, who is cur- cane was ice. So Paul was contracted said they could have provided it for. rently serving in Iraq—at least she was by FEMA to pick up ice. He drove his Halliburton charged 42,000 meals a day, when she sent me an e-mail—found ex- truck from Florida to New York to when they were delivering 14,000 meals, actly the same cases of bacterial infec- pick up a load of ice. Then he was told overcharging by 28,000 soldiers a day. tions among the troops, traced the he should take that ice to Carthage, They leased SUVs for $7,500 a month. problem back to contaminated water MO. He went to Carthage with his Halliburton supplied troops with that KBR was not treating properly. truck and his refrigerated container hand towels and the person who or- She had one of her officers follow the full of ice. When he got to Carthage, he dered the hand towels was in Kuwait. lines to find out where that water came was told he should proceed to Maxwell He came to a hearing I held. He said he from and why. So water to the troops, Air Force Base in Montgomery, AL. was ordered to purchase towels that that is a health issue. Food to the When he got to Montgomery, he discov- were nearly three times more expen- troops, that is a health issue. sive than regular towels. Why? Because Two guys show up in Iraq—one’s ered there were over 100 trucks sitting the company, KBR, wanted their name name is Custer, and the other is Bat- there, refrigerated trucks there with embroidered on the towels used by the tles—with not much experience and no ice. So for the next 12 days, this was troops. Their attitude was, the Amer- money. But they understand you can Paul’s life. There were victims of the ican taxpayer pays for it; it doesn’t make a lot of money in Iraq, American hurricane waiting for relief, waiting for matter, it’s cost plus, don’t worry money. So they started a company. the cargo in his truck. For 12 days, he sat in front of this truck waiting. He fi- about cost. Within 21⁄2 years, my understanding is, It is unbelievable when you see what they have had contracts of over $100 nally said to them: If you are not going has happened with some of this con- million. They got into trouble. It has to tell me where to go or let me do tracting. We heard from Rory been in the courts. Among other things this, I am going to go on my own and Mayberry, former food production alleged, they took forklift trucks from drop off the ice to some people who manager. He also was at KBR. He said: the Baghdad airport, moved them to a need it. They said: You can’t do that. Food items were being brought into the warehouse, repainted them blue and He said: I had no idea when I parked base that were stamped expired or outdated sold them back to the Coalition Provi- the truck I would be there for the next by as much as a year. We were told by KBR sional Authority, which was us. This 12 days, my refrigerator unit running food service managers, use the items any- the entire time. Each truck cost the way. The food was fed to the troops. For company got a contract for security at the Baghdad airport. Let me show you American taxpayer $6 to $900 a day. trucks that were hit by convoy fire and You can see him sitting here with a what the director of security at the bombings, we were told to go into the cooler and a little girl for nearly 2 trucks, remove the food items, and use them airport said about Custer Battles: weeks waiting. Finally, he was told: after removing the bullets and any shrapnel Custer Battles have shown themselves to from the bad food that was hit. We were told, be unresponsive, uncooperative, incom- You should take your ice to Massachu- by the way, to turn the removed bullets over petent, deceitful, manipulative and war prof- setts. So this man from Florida, who to to the managers for souvenirs. iteers. Other than that, they are swell fel- New York to pick up ice, went to Mis- How about water? Contaminated lows. souri and then went to Alabama and water, more contaminated than raw Once again, who is accountable for then waited, then was told to take the water taken from the Euphrates River, the amount of money we are spending truck to Massachusetts. Unbelievable. delivered as non-potable water to our for these kind of contractors? What was the American taxpayers’ role troops to shower, shave, and so on, How about the Iraqi physician, a doc- in this, $15,000. It cost $15,000 for this more contaminated than raw water tor from Iraq who came to testify at incompetence. from the Euphrates River. Halliburton my policy committee hearing. We Why does all of this happen? It hap- says it never happened. I have an inter- spent a couple hundred million dollars pens because in this case with FEMA, a nal Halliburton report that says it did on the Parsons Corporation to rehabili- bunch of cronies were put in place to happen, and they nearly missed having tate 142 health clinics in Iraq. This run the place. Were they qualified peo- a catastrophe of mass sickness or Iraqi doctor went to the Iraqi Health ple? No. Most of them had political death. I also have an e-mail sent to my Minister and said: I want to see these connections. They didn’t have any by a captain, a young physician serving rehabilitated health clinics. Because he emergency or disaster preparedness ex- in Iraq. She said: I read in the news- knew the money had all been spent. An perience. That is what happens. paper about your hearing. What you al- American contractor got the money to Who is accountable for that? Who ul- leged is exactly what is happening at do it, and it was gone. timately is going to be accountable? our base. He said: I want to see these 142 reha- How can we restore accountability? I Let me describe a couple of those. bilitated health clinics for the people have described a few of the problems. I This is an internal Halliburton report of Iraq. The Iraqi Health Minister said: have described a very few of the prob- written by the top water quality man- You don’t understand. Most of these lems. The problems are unbelievable. I ager Wil Granger, May 13, 2005: are imaginary clinics. The money is think it is the most significant waste, No disinfection of non-potable water was gone, but apparently the clinics don’t fraud, and abuse, perhaps, in the his- occurring [at camp Ar Ramadi] for water exist. tory of this country, billions and bil- designated for showering purposes. This Does that bother anybody? Is there lions of dollars with no one account- caused an unknown population to be exposed any accountability for that? Seems to able. At the hearings last week, the an- to potentially harmful water for an undeter- me there ought to be accountability for swer was: It is wartime. So we dis- mined amount of time. something like that. tribute cash from the back of a pickup It didn’t just happen at Ar Ramadi. It I held hearings not just on con- truck. We say it is the Wild West, bring happened at every base in Iraq. tracting in Iraq, which I found to be a a bag. We pay in cash.

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.007 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1819 And it is wartime. I don’t understand the very time that we have witnessed learn more and be able to do more be- that. I have tried to find out who was the most significant waste, fraud, and fore they arrive at school.’’ The Presi- responsible for having a Florida truck- abuse in this country’s history. Ac- dent said we want to get the States er pick up ice from New York to take countability? What about account- more involved, which was a good sug- to the victims of Katrina in the Gulf of ability for what happened? What about gestion because when Head Start was Mexico and have the ice dropped off in accountability for what is about to founded, it was almost the only pro- Massachusetts, and we get stuck with happen? We are still spending a lot of gram to help preschool children. $15,000, and the victims of the hurri- money. We will have $100 billion re- Today, while it is a large $7 billion pro- cane get nothing. But there is no ac- quested of us and another $150 billion gram, there are $21 billion more in Fed- countability for anything. to replenish accounts, much of it eral dollars being spent to help pre- So we will be introducing legislation, through contracts. We say with this school children in one way or the with 23 cosponsors later, this week. It piece of legislation that it is long past other, and there are a great many is going to punish war profiteers—and, the time for this Government to be ac- State and local programs that are Head yes, there has been rampant profit- countable to the taxpayer and account- Start or preschool programs. eering going on. There will be substan- able to the citizens of the United The President’s objective, as was tial punishments for war profiteers. States. ours, was to find a way to make all of This antiprofiteering provision is based The PRESIDING OFFICER (Mr. these programs work well together. We on a piece of legislation that Senator PRYOR). The Senator from Tennessee is listened carefully and I believe, as Sen- LEAHY introduced, and that was in- recognized. ators KENNEDY, ENZI, and DODD believe, cluded in our contract and reform bill. Mr. ALEXANDER. Mr. President, I we have made significant improve- Our bill will also restore a Clinton ask unanimous consent to speak for up ments to the bill. administration rule on suspension and to 15 minutes in morning business. For example, the bill will establish disbarment, which prohibits awarding The PRESIDING OFFICER. Without 200 new Centers of Excellence that will Federal contracts to companies that objection, it is so ordered. serve as model Head Start programs exhibited a pattern of failing to comply f across the country. The Governors will with the law. That provision, by the be involved in this. Hopefully, we can HEAD START REAUTHORIZATION way, was done away with by the cur- learn over the next 5 years from the rent administration. Mr. ALEXANDER. Mr. President, States how, from these models, we can It seems to me it is time to say that later this afternoon, several of us will put together State efforts, local ef- you only get one chance, and if you be introducing legislation to reauthor- forts, Federal efforts, and Federal Head cheat us, no more contracts. This no- ize Head Start. Senator KENNEDY, Sen- Start efforts in a more efficient way to tion of a slap on the wrist and a pat on ator ENZI, Senator DODD, and myself help children who are of preschool age. the back is over. There was a time will be the cosponsors of the legisla- Second, our legislation requires when exactly the same company had tion. We have been working on it for a grant recipients to recompete for new been in Federal court in Alexandria, long time, all through the last Con- grants every 5 years to help ensure a VA, with allegations of fraud against gress. We have heard from lots of par- constant high level of quality. the American taxpayer against that ents, children, and Head Start opera- Third, we clearly define what we company; and on the same day, they tors. I wish to talk about that. mean by deficiency. We don’t aim to were signing a new acquisition con- The Head Start program is an enor- catch people doing things wrong; we tract with the Department of Defense. mously popular and successful Federal would rather catch them doing things That ought to never happen again. initiative. It began in the 1960s when right. When there are things that are We ought to crack down on contract Lyndon Johnson was President of the wrong, the Head Start providers de- cheaters. We ought to force real con- United States. In fact, I have always serve to know what the standards are tract competition. When somebody thought it was a part of the story of so they can make sure they meet them. such as Bunnatine Greenhouse speaks the American dream that President Fourth, this legislation provides up and says ‘‘this is the most blatant Johnson went back to Cotulla, TX, clear authority to the governing boards abuse in contracting I have seen in my near the Mexican border, where he to administer, and be held accountable career,’’ that ought not to be a cause taught first grade, to announce the for, local Head Start programs while for penalty. This woman risked her ca- Head Start program. It exemplifies one ensuring that policy councils on which reer and we are still trying to get to of the great principles of what it means parents sit continue to play a crucial the bottom of who is accountable for to be an American—that we believe in and important role. her demotion. She was given a choice equal opportunity. For that President Finally, as I mentioned earlier, this of being fired or demoted because she of the United States to go back to legislation continues to encourage spoke out against contract fraud and where he was a first grade teacher re- State standards especially that cause abuse. minds us that other children could suc- there to be more cognitive learning, We think we need to strengthen whis- ceed, as he did, in becoming President. more emphasis on what children should tleblower protection. We think it is im- Today, Head Start has grown to a be able to know and be able to do be- portant to have full disclosure of con- nearly $7 billion Federal program. That fore they get to first grade—make sure tract abuses and to restore the provi- amount was spent last year. It served they are ready to learn. sion that says if there is a pattern of 900,000 children. In my State of Ten- Americans uniquely believe that each abuse, you don’t get to engage in con- nessee, 20,000 students or so were of us has the right to begin at the same tracting anymore with the Federal served. The funding was $118 million starting line and that, if we do, any- Government. for Tennessee. This is a program that thing is possible for any one of us. We This is very simple. I come from a touches a lot of people. It deserves the also understand that some of us need small town, a town of slightly less than Senate’s attention, and it has had the help getting to that starting line. Most 300 people. There is a very simple code Senate’s attention. Federal funding for social programs is in towns such as that. If you are a busi- During the last Congress, I made based upon an understanding of equal ness man or woman on Main Street and clear, as did several other Senators, opportunity in that way. someone cheats you, you don’t do busi- that we want to see Head Start serve Again, Head Start began in 1965 to ness with them again. That is simple. more children. But first, we wanted to make it more likely that disadvan- That is a lesson apparently lost on a make sure the program is accountable, taged children would successfully ar- behemoth Federal Government. financially solvent, and meeting the rive at one of the most important of The contracting provisions we will purpose for which it was formed. Presi- our starting lines—the beginning of introduce are common sense, and this dent Bush, in his message to Congress, school. Head Start, over the years, has Congress ought to adopt them quickly. said much the same thing 2 years ago. served hundreds of thousands of our There will be a substantial number of ‘‘Great program,’’ he said. ‘‘But let’s most at-risk children. The program has cosponsors in support of the legislation make it more accountable. Let’s recog- grown and changed, been subjected to that is filled with common sense, at nize that now we expect children to debate; but it has stood the test of

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.009 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1820 CONGRESSIONAL RECORD — SENATE February 12, 2007 time because it is very important. We The Centers’ bonus grants could be hope this recompete process will high- have made a lot of progress. Only a few used for some of the following: light their success. To help streamline professionals had studied early child- One, to work in their community to the process for successful programs, hood education when it began. Even demonstrate the best of what Head grant recipients that are neither defi- fewer had designed programs specifi- Start can do for at-risk children and cient nor have been found to have an cally for children in poverty with the families, including getting the children area of noncompliance left unresolved many challenges. ready for school and ready for aca- for more than 120 days will receive a The origins of Head Start come from demic success. priority designation during the recom- an understanding that success for these Two, it can coordinate all early petition process. children wasn’t only about their edu- childhood services in the community. Second, the bill defines what makes a cation. The program was designed to be As I mentioned earlier, we are spending local program deficient. Right now, the certain that these children were $21 billion in Federal dollars for these deficiency standard is very general and healthy, got their immunizations, were children. Many States and local gov- inconsistent across the Nation. But if fed hot meals and of crucial impor- ernments are spending money. We need an action threatens the health, safety, tance—that their parents were deeply to spend it together. or civil rights of children and staff, de- involved in the program. Three, we can offer training and sup- nies the parents the exercise of their From the beginning, comprehensive port to all professionals working with full roles and responsibilities, misuses services, including medical, dental, and at-risk children. funds, loses its legal status or financial nutritional services—and parent and Next, we can track Head Start fami- viability, or violates other standards community involvement were a part of lies and ensure that their services are specified in the bill, those are the more Head Start programs, and that is still provided seamlessly to children, from specific standards that are now a part true today. In the early days, teacher prenatal to age 8. of the bill. It will help make it possible training and curriculum were seen as Next, they can be models of excel- for grantees to have a clearer idea of less important. Now we know a lot lence held accountable for helping our what they are expected to do. more about brain development and how most disadvantaged children. Finally, the bill makes clear that the children learn from birth, and we un- Finally, to have the flexibility to governing board shall be the body that derstand that even for these very serve additional Head Start, or early young children, teacher training and is charged with running local programs Head Start children, or provide more and which will be held accountable for curriculum are very important. full-day services to better meet the Today, young children are expected those programs. This may seem like a needs of working parents. little bit of inside baseball, but it is ac- to learn more and be able to do more in Head Start centers are uneven in per- order to succeed in school. Many public tually not. It goes straight to the heart formance, but usually they excel in of several of the problems we have had schools now offer kindergarten. When two areas critical to success for caring this program started, Tennessee didn’t in some Head Start grantees around and educating children: No. 1, devel- the country. have a public school kindergarten pro- oping community support and, No. 2, gram. Now 40 States offer early child- Perhaps the most effective witness I encouraging parental involvement. heard in any of our hearings was the hood programs. Alex Haley, one of my closest friends, As Congress prepares to reauthorize mayor of Shelby County, TN—that is and the author of ‘‘Roots,’’ lived by Head Start, it is important that we around Memphis—A.C. Wharton. A.C. these words: recognize the program’s importance Wharton testified, as did other wit- and work to make it stronger. But we Find the good and praise it. nesses, that the dual governance struc- need to recognize also that today it is For me, that was an invaluable les- ture between the governing board and not fulfilling its promise as well as we son. My hope is these Centers of Excel- the policy council was inadequate and would like. It is not meeting the pur- lence will find the good and praise neither body had adequate decision- pose of serving our children who are what is best about Head Start and show making authority. Here is what he told most at risk as well as we would hope. it to the rest of us. the committee: I am not satisfied with the current It also helps to get the Governors in- What we’re faced with is not merely a be- practices, which fall short of the stand- volved. The President had suggested nign situation in which an errant agency ards the taxpayers should expect, and that we turn more of the funding over through no bad intent runs afoul of the that is why there are some changes in directly to the States. I and others are guidelines. In many instances the the bill. not willing to do that, at least at this wrongdoings and shortfalls are calculated to We address this issue, first, by hold- stage. bring about the political empowerment or fi- ing up successful local programs as One of the beauties of Head Start is nancial enrichment of those who profit from the wrongdoing. models so others may follow their ex- that it is very decentralized and for a ample, and by clarifying lines of ac- long time it has worked well that way. I believe we fix that problem based countability so any corrupt practices So our compromise was that the Cen- on the advice we received from Mayor may be rooted out. The bill creates ters of Excellence, which will get the Wharton and other witnesses. This bill ways for States to help strengthen and Governors involved, will help coordi- gives governing boards direct authority coordinate Head Start, but would con- nate the programs more effectively and and holds them accountable. That is an tinue to send Federal funds directly to maybe we can learn something over the important element of the bill, and I the nearly 1,700 grantees that provide next 5 years that we can put then in think it is a necessary step. But Mayor services in over 29,000 Head Start cen- the next reauthorization of Head Start. Wharton and others reminded us that ters that serve just over 900,000 dis- Also, this bill goes a long way to help we need to be careful about how we advantaged children. make the spending of that $7 billion of handle this issue. Mayor Wharton said Let me talk about the Centers of Ex- taxpayers’ money more accountable. the governing body should not ‘‘be al- cellence first, because this is one of the First, it requires recipients to recom- lowed to ride roughshod over the dig- most hotly debated parts of the bill—or pete for grants every 5 years. This en- nity that should be accorded all par- it was. I think it is pretty well accept- sures that after 5 years, each program ticipants in Head Start programs ed now. The bill authorizes the Sec- is still meeting its standards. whether they are grantees, policy retary of Health and Human Services I recognize there are concerns about councils, policy committees, or cer- to create a nationwide network of 200 this recompete requirement. Some peo- tainly children and parents.’’ Centers of Excellence in early child- ple say we need continuity and it will I appreciate the mayor’s concern, and hood built around exemplary Head create anxiety among children, among I appreciate that note of caution. I Start programs. These Centers of Ex- teachers if they are afraid they may thank him for his straightforward tes- cellence would be nominated by the lose their right to continue serving timony. Perhaps he will know that Governors. Each Center of Excellence after 5 years. long trip from Memphis to Washington would receive a Federal bonus grant of Many Head Start grant recipients are was not in vain because his concerns at least $200,000 in each of 5 years, in doing a very good job, and rather than are right in the middle of the bill that addition to base funding. causing a disruption every 5 years, I we will introduce later today.

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.010 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1821 We all understand the importance of time to come to the hearings, and I es- grams in Indian communities, includ- parental involvement and parental re- pecially thank the mayor of Shelby ing economic development, law en- sponsibility over the operation of the County, Mayor Wharton, for his testi- forcement, trust assessment manage- Head Start Program. We want to pre- mony because it has made its way di- ment, social services, and education. In serve that parental responsibility, but rectly into the legislation to help discharging these duties, the Assistant we also want to make sure we preserve make sure Head Start not only helps Secretary must balance many com- fiscal accountability of the program at children but that there is account- peting interests and needs in working the same time, and we believe we have ability to the taxpayers. with the States, in working with the done that. We have crafted a careful Mr. President, I yield the floor, and I tribes, and in working with the Federal balance. We give the governing board suggest the absence of a quorum. Government. Mr. Artman has pledged fiscal and legal responsibility, while The PRESIDING OFFICER. The to facilitate more vibrant communica- ensuring policy councils on which par- clerk will call the roll. tion among the Indian tribes and their ents sit continue to play an important The assistant legislative clerk pro- neighbors. I believe that is helpful in role in the running and operation of ceeded to call the roll. terms of furthering Federal policies of local Head Start Programs within the Mr. WARNER. Mr. President, I ask interaction with the Indian tribes on a framework the governing board sets. It unanimous consent that the order for government-to-government basis and is a fair compromise and one that will the quorum call be rescinded. encouraging Indian self-determination strengthen the program. The PRESIDING OFFICER. Without and self-government. That is our chal- I learned about the importance of objection, it is so ordered. lenge and the challenge the tribes take, preschool education in a very personal f to become more independent economi- way. When I was growing up in Mary- cally and from a government stand- ORDER OF PROCEDURE ville, TN, at the edge of the Great point so they can operate as they Smokey Mountains, my mother oper- Mr. WARNER. Mr. President, I have choose with self-government. ated the only preschool education pro- been on the road and I telephoned in The job of Assistant Secretary for In- gram in our town—well, there may and asked the cloakroom to reserve the dian Affairs has been made exponen- have been one other. I think Mrs. period of 3:45 to 4:30 for the Senator tially more difficult by the meth- Pesterfield also had one. But she oper- from Virginia and seven other Senators amphetamine plague that has ravaged ated this program in a converted ga- to speak briefly. I ask unanimous con- the Indian tribes and the Indian com- rage in our backyard. She had 25 3- and sent that my request be granted. munities. I am encouraged by Mr. 4-year-olds in the morning and 25 5- The PRESIDING OFFICER. Is there Artman’s commitment to fighting and year-olds in the afternoon. I think she objection? Without objection, it is so defeating this epidemic, which may re- charged $25 a month for this care for ordered. quire aggressive efforts by the agency these children. Mr. WARNER. I thank the Presiding he will lead as well as other Federal This was before Head Start. This was Officer. and tribal partners to achieve measur- before we understood very much about Mr. THOMAS. Mr. President, may I able results. preschool education and the early de- speak as if in morning business? Mr. Artman is also committed to as- velopment of the brain. But parents in- The PRESIDING OFFICER. We are in sisting tribal governments develop the stinctively knew that was a good place morning business, and the Senator may socioeconomic infrastructure and fight for their children. When Alcoa moved speak for up to 10 minutes. the obstacles in many of our Indian executives to our little town, they usu- Mr. THOMAS. Just 10 minutes? reservations that foster hopelessness ally would find a way to get their chil- The PRESIDING OFFICER. That is and despair. One of the issues is to pro- dren into Mrs. Alexander’s nursery the order we are under. vide opportunities for the tribal mem- school and kindergarten before they f bers to have jobs, to be somewhat suffi- looked for a home because those par- NOMINATION OF CARL JOSEPH cient and self-supporting in terms of ents knew then that preschool edu- ARTMAN their economy. cation was important to their chil- Although many Indian tribes have dren’s success. Mr. THOMAS. Mr. President, I will made tremendous gains through tribal We all understand that for all of our talk about something very important self-governance and some have man- children. We understand that the ear- which will soon be pending before the aged to flourish materially in recent lier this starts—at home first—and Senate; that is, the nomination of Carl years through economic development, then with all the extra help we can Joseph Artman as Assistant Secretary it is a common misperception that give that home, these children will be for Indian Affairs. most tribes have experienced economic ready to get to the starting point. The Indian program in this country prosperity as a result of successful I am the only U.S. Secretary of Edu- is very important. As part of the Gov- gaming facilities. In fact, poverty and cation, I think, Mr. President, who ernment, we have part of the Interior unemployment are sill prevalent in far spent 5 years in kindergarten. The rea- Department working on it. I rise to too many communities in Indian Coun- son I did was that my mother had no offer my strong support for the nomi- try. A robust and diversified economy other place to put me than the kinder- nation of Carl Artman for Assistant is essential to improving the quality of garten she operated in our backyard. Secretary for Indian Affairs in the De- life of these communities and to pro- Looking back, there probably wasn’t a partment of the Interior. Mr. Artman viding the people living in them with better place for me to have been than is an excellent candidate with diversity alternatives to such heartbreaking that 5 years of intensive preschool edu- and experience in both the public and problems of suicide and substance cation. It is something we should hope private sectors and has the leadership abuse, of which there is an abundance. for virtually every child growing up in and the academic credentials needed I am confident that Mr. Artman will this country. We believe anything is for this extraordinarily demanding po- provide outstanding leadership in this possible. We believe in free enterprise, sition. daunting challenge. I urge my friends we believe in competition, and we be- This position is unique in that many in the Senate to approve his confirma- lieve in the starting line. But there is of the issues with respect to Indian af- tion, which I hope will come before the no Federal program that exists that fairs are unique. Yet it has to be some- Senate in the very near future. does a better job of helping disadvan- one who has background in government I yield the floor. taged children get to the starting line and operations. The Assistant Sec- The PRESIDING OFFICER (Mr. than Head Start. retary implements Federal Indian pol- TESTER). The Senator from Oregon. I congratulate Senator KENNEDY, icy set forth by the Congress and facili- f Senator ENZI, and Senator DODD, and tates the government-to-government the other Senators who have worked on relationships with 561 Indian tribal ORDER OF PROCEDURE this legislation. We look forward to in- governments. That is a large challenge. Mr. SMITH. Mr. President, I know we troducing the legislation this after- The Assistant Secretary is respon- are in morning business. I will speak in noon. I thank all those who have taken sible for a variety of activities and pro- such. I came from a meeting with the

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.011 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1822 CONGRESSIONAL RECORD — SENATE February 12, 2007 majority leader. He indicated a willing- ing to listen, your cause is just, but we Senate have shifted billions of dollars ness to let me speak without interrup- can’t do anything for you unless and between accounts in support of their tion for 20 minutes. If there is no objec- until everyone is in agreement. priorities. Many of those adjustments tion, I ask for that, then, by unani- The problem for this particular bill is are laudable and reflect the Nation’s mous consent. that it isn’t Republican and Demo- priorities. But the fact that the county The PRESIDING OFFICER. Without cratic; it is the United States against payments safety net was not addressed objection, it is so ordered. the Pacific Northwest. It is State in this bill requires me to come to this Mr. SMITH. After that, Mr. Presi- versus State. It is Idaho complaining floor and do what I can to change it. It dent, we will go as we can. I know about Oregon’s formula allocation or may also reflect that many of my col- other colleagues are coming. Senator Washington about Oregon or Montana leagues do not understand what this WARNER has an amendment he wants or California or Mississippi or all the program means—not only to my State to speak to at 3:45. States in the Southeast that look for but to 8.5 million schoolchildren, f county funding from this act. It is real- 557,000 teachers, and 18,000 schools na- ly more parochial. It is more local. It is tionwide. SECURE RURAL SCHOOLS AND more about individual constituencies. But to fully understand the safety COMMUNITY SELF-DETERMINA- The formula complained about was a net and this Government’s moral obli- TION ACT OF 2000 formula derived from this bill that gation to rural counties, a history les- Mr. SMITH. Mr. President, I came Senator CRAIG, Senator WYDEN, and son is in order. My colleagues need to here today knowing we were in morn- myself, as the original sponsors, au- understand why Federal forest manage- ing business but looking to find a time thored. It is a formula based on his- ment decisions make or break my to make a case of my State before the toric harvest off of public lands. By State and why the consequences of United States on an issue of great that historical formula, Oregon got these decisions have moral implica- emergency. The clock is running out. I about half of the money allocated tions for this Chamber to consider and am speaking of the Secure Rural under this program. There is disgrun- to act upon. Schools and Community Self-Deter- tlement now with that formula. The The Oregon story is a history of trees mination Act of 2000. problem is no one can agree on another and timber, of boom and bust. The Fed- I am pleased to state that in my con- formula without doing great damage to eral Government plays a central role in versation with my friend, the majority the historical position in which Oregon this account, both as protagonist and leader, he did indicate that he has be- finds itself. antagonist. come aware of this issue with some in- As I speak today, thousands of layoff Alexis de Tocqueville, writing about tensity through his conversations with notices are being prepared by rural democracy in America in the 1830s, be- Senator WYDEN and now with me, and counties in my State. These include lieved that any history—of men and that Senator WYDEN and I have little law enforcement officers, county road nations alike—must begin at infancy. choice but to use all of our rights and crews, surveyors, assessors, clerks, He wrote: privileges as Senators to focus the at- public health workers, district attor- A man has come into the world; his early tention of the United States on this neys, among others. These are the years are spent without notice in the pleas- dire issue. I know many of my col- basic units of our extended democracy. ures and activities of childhood. As he grows leagues want to speak. I do not mean These services are required by the Or- up, the world receives him when his man- to disrupt their schedules, but as long egon State Constitution to be provided hood begins, and he enters into contact with as I can be allowed to speak today and by our counties. Now those units of his fellows. He is then studied for the first at future opportunities, I intend to time, and it is imagined that the germ of the government are in jeopardy. vices and the virtues of his maturer years is speak and to take a lot of time. I came My amendment cannot be called up then formed. prepared to speak for 5 hours today. I because the amendment tree has been This, if I am not mistaken, is a great error. have a long speech, a lot of phonebooks filled by the majority, as is their We must begin higher up; we must watch the in the cloakroom. I have a tale to tell right—a practice that is coming, infant in his mother’s arms; we must see the that I believe America needs to hear though, under increased scrutiny. I will first images which the external world casts about the Pacific Northwest and the briefly describe the amendment. It pro- upon the dark mirror of his mind, the first people I am privileged to represent. vides a 1-year extension of the safety occurrences that he witnesses, we must hear I want Members to understand my the first words which awaken the sleeping net. Literally, what we are talking in powers of thought, and stand by his earliest position in the Senate, how a rural the totality of this budget is a .09 per- efforts if we would understand the preju- businessman from eastern Oregon was cent across-the-board cut to other pro- dices, the habits, and the passions which will elected to the Senate, the first time grams funded in this bill. I realize the rule his life. The entire man is, so to speak, someone with my profile has been majority would prefer to have this to be seen in the cradle of the child. elected in my State in over 70 years. It Chamber acquiesce to the preexisting Like Alexis de Tocqueville’s Amer- is because my political base was heard contents of the bill. The fact that we ica, the Oregon story must be told from and through my candidacy has tried to are only now considering it, just hours the beginning. be heard. It is a political base the cor- before the Federal Government shuts Many of my colleagues are familiar nerstone of which consists of farmers, down, illustrates this point. with the slogan ‘‘54–40 or fight!’’ This fishermen, and foresters. Some have said to me: How can you referred to the territorial dispute be- The rural people I live with in rural try to look for opportunities to fili- tween Great Britain and the United Oregon, my hometown of Pendleton, buster the continuing resolution? How States over the Northwest Territory, OR, are counting on me to do every- can you do that, Senator, and shut lying south of the parallel 54 degrees, thing I can to bring to the attention of down the Government? I believe this 40 minutes. this Senate and to the Congress in gen- Senate should know my heart and feel- In 1846, Great Britain conceded abso- eral the dire situation in which our ing is the United States will shut down lute jurisdiction to the United States, State finds itself. Oregon in many respects if the con- and in 1848, Congress formally declared I talked about the Secure Rural tinuing resolution is allowed to go for- this land ‘‘the Oregon Territory,’’ al- Schools and Community Self-Deter- ward without, literally, $360 million. beit below the 49th parallel. mination Act of 2000. That program ac- That is what we are talking about—in Joseph Lane, of Roseburg, OR, be- tually expired last December. Despite a $1.7 trillion budget, $365 million. That came the first territorial Governor of many efforts in this Senate and from is a lot of money to you and me indi- Oregon Territory. Soon thereafter, the my colleagues in the House, efforts to vidually; it is a rounding error in a $1.7 Columbia River divided it into two ter- extend the safety net have simply trillion continuing resolution. When ritories, with Washington Territory de- failed. Senator WYDEN is working the that is translated to what it means to marcated north of the river. way I did with my leadership before Oregon counties, it means shutdown. Two days from now will mark the when we were in the majority. I hope This is not a pure continuing resolu- 148th anniversary of a great act of this he finds something different from what tion, though. The Committee on Appro- body. By the way, Oregon’s birthday is I found. What I found was people will- priations of both the House and the Valentines Day every year.

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.017 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1823 Let me read from the CONGRESSIONAL izen who would live on frontier land for Since 1937, the Bureau of Land Man- RECORD—then called the Journal of the 5 years. By 1866, Oregon’s population agement has shared 75 percent—and Senate—from February 14, 1859: was nearly doubled by those answering more recently 50 percent—of its timber Mr. President: The House of Representa- the Federal Government’s call into the receipts with affected counties. tives has passed the bill of the Senate (S. 239) fertile valleys and along the fish-filled It was out of the 33 million acres of for the admission of Oregon into the Union. rivers of Oregon. Even when the land in Federal land that were created, first, Mr. Jones reported from the committee the valleys and along the rivers was all the forest reserves and then the na- that they had examined and found duly en- taken, there was another wave of pio- tional forests. The General Revision rolled the bill (S. 239) for the admission of neers ready to head into the moun- Act in 1891 allowed Presidential with- Oregon into the Union. tains. drawal of forest reserves. The Organic A message from the President of the One such story is recounted by Jessie United States by Mr. Henry, his secretary: Act and the Forest Reserve Act fol- Mr. President: The President of the United Wright in her book ‘‘How High the lowed, expanding the National Forest States this day approved and signed an act Bounty.’’ Jessie and Perry Wright were System and Federal assertion over the (S. 239) for the admission of Oregon into the granted the first of five homesteads in management of these forests. Union. the Umpqua National Forest. This In creating these Federal forests, Mr. Pugh presented the credentials of the story—as were thousands of others— President Teddy Roosevelt had a clear honorable Joseph Lane, elected a senator by was a call to the Manifest Destiny, em- policy. This is what Teddy Roosevelt the legislature of the State of Oregon. bodied in our State song, ‘‘Oregon, My The credentials were read; and the oath said: Oregon.’’ By the way, if I get a chance And now, first and foremost, you can never prescribed by law was administered to Mr. to get back at this, eventually I will Lane and he took his seat in the Senate. afford to forget for one moment what is the Mr. Gwin presented the credentials of the read the whole book, ‘‘How High the object of our forest policy. That object is not honorable Delazon Smith, elected a senator Bounty,’’ here in the Senate. But our to preserve the forests because they are by the legislature of the State of Oregon. State song embodies this Manifest Des- beautiful, though that is good in itself; nor The credentials were read; and the oath tiny. It sings like this. I will not sing because they are refuges for wild creatures of prescribed by law was administered to Mr. it to you, Mr. President. the wilderness, though that, too, is good in itself; but the primary object of our forest Smith and he took his seat in the Senate. Land of the Empire Builders, policy in the United States, is the making of Land of the Golden West; I note that my colleague, Senator prosperous homes. Every other consideration Conquered and held by free men, WYDEN, is on the floor. As a matter of comes as secondary. Fairest and the best. interest to him and me, I sit in the seat Unlike other Western States with na- of, I suppose appropriately, Delazon Onward and upward ever, Forward and on, and on; tional forests, Oregon has a unique Smith. Senator WYDEN sits in the seat Hail to thee, Land of Heroes, tract of Federal forestland. Its official of Joseph Lane. My Oregon. name is the Revested Oregon and Cali- Mr. President, as an aside, I have al- Land of the rose and sunshine, fornia Land Grant and the Reconveyed ways thought the best movie I had ever Land of the summer’s breeze; Coos Bay Wagon Road grant lands, or seen as a little boy was ‘‘Mr. Smith Laden with health and vigor, O&C for short. These forests have a fas- Goes to Washington.’’ Apparently, I am Fresh from the Western seas. cinating history of their own. To cap- going to be denied that opportunity Blest by the blood of martyrs, Land of the setting sun; ture this history, I will borrow from today, but I do want to begin this 5- the book ‘‘Saving Oregon’s Golden hour speech which the Senate will hear Hail to thee, Land of Promise, My Oregon. Goose,’’ interviews with Joe Miller. It in its entirety eventually and on other reads as follows: pieces of legislation inevitably. When Oregon entered the Union in 1859, the State itself was given roughly Think of railroads as the internet of Amer- Mr. Gwin submitted the following resolu- ica’s Gilded Age. . . . tions; which were considered, by unanimous 3.5 million acres of the 62 million acres consent, and agreed to: lying within its boundaries. The re- Am I done, Mr. President? I am just Resolved, That the Senate proceed to ascer- maining 95 percent of the land base was getting to the good part. You would tain the classes in which the senators from retained by the Federal Government as really enjoy this. the State of Oregon shall be inserted, in con- national public domain lands. Think of The PRESIDING OFFICER. The Sen- formity with the resolution of the 14th of that, Mr. President. Just like your ator has used his 20 minutes. It has May, 1879, and as the Constitution requires. State, I suspect, the Federal Govern- been good. Resolved, That the Secretary put into the ment owns most of it. Mr. SMITH. I thank the Presiding Of- ballot box two papers of equal size, one of Over a period of 75 years, following ficer for the time and the majority which shall be numbered one, and the other Oregon’s statehood, the U.S. General leader for his courtesy. I was informed shall be numbered two, and each senator shall draw out one paper; that the senator Land Office sold, exchanged, donated, by the majority leader that after Sen- who shall draw the paper numbered one shall or otherwise disposed of 23 million ator WYDEN and other Senators who be inserted in the class of senators whose acres of Oregon’s land—reducing Fed- have reserved time speak, I could again term of service will expire the 3d day of eral ownership from 91 percent to 52 ask for time, and would indicate that March, 1859, and the senator who shall draw percent. being my intention because I do not the paper numbered two shall be inserted in The Federal Government continues want you to miss this. This is really the class of senators whose term of service to hold ownership to 33 million acres of getting good, Mr. President. There is will expire the 3d day of March, 1861. Oregon land, wielding autocratic con- about 41⁄2 hours to go of it. Whereupon—The papers above mentioned, trol over a majority of my State—a I yield the floor. being put by the Secretary into the ballot box, the honorable Joseph Lane drew the practice exercised only against West- The PRESIDING OFFICER. The Sen- paper numbered two, and is accordingly in ern States, holding them in what can ator from Oregon. the class of senators whose term of service only be described as a form of eco- Mr. WYDEN. Mr. President, I believe will expire the third day of March, 1861. The nomic bondage. Neither the State of the distinguished Senator from Vir- honorable Delazon Smith drew the paper Oregon nor its counties can tax feder- ginia has time reserved at about 3:45. I numbered one, and is accordingly in the ally controlled land or exercise any ask unanimous consent to be able to class of senators whose term of service will control whatsoever over them. But speak up until 3:45, when the distin- expire the third of March, 1859. since 1908, with the passage of the 25 guished Senator from Virginia has his That is the end of the citation. Percent Act, the Federal Government time allotted. This is how Oregon entered the Union has paid counties 25 percent of the in- The PRESIDING OFFICER. Without and its first two U.S. Senators were come generated from timber, mining objection, it is so ordered. welcomed into this great deliberative rights, grazing leases, and other bene- Mr. WYDEN. Mr. President, before he body—148 years ago this Wednesday. fits from the land it owns in Oregon. leaves the floor, let me tell my col- On February 14, 1859, Oregon had a Twenty-five percent; that is what we league from Oregon that I very much population of 52,465 people. Congress are talking about. That is what has appreciate his comments with respect passed and President Lincoln signed gone away through timber law changes to the county payments legislation. into law the Homestead Act in 1862. and court decisions and administrative The top priority—the top priority—for That law offered 160 acres to any cit- Executive orders. Oregon’s congressional delegation in

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.019 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1824 CONGRESSIONAL RECORD — SENATE February 12, 2007 this session is getting this program re- whether they are going to be able to warrant for rural communities in our authorized. continue as a county without this es- State, not a program that, in effect, I wrote this law in 2000 with Senator sential program. has them shrivel up and disappear. We CRAIG because it was my view in 2000 We have seen similar cuts put on the want a fair shake. that without this program, Oregon’s table all through the rural part of our This is an extraordinarily important rural communities would not survive. I State. A lot of Senators—I know the issue. I just had a big round of town- am here today to tell the Senate that Senator from Montana knows a little hall meetings across my State. We are if this program is not reauthorized, bit about it—can’t identify with some- all going home for the recess. I will there is a serious question today thing like this. In most of the East, start another round of those townhall whether these rural communities will they don’t have half of their land in meetings in rural Oregon this weekend. be able to survive. Now, I want to bring public ownership. They essentially What happens at these meetings is you the Senate up to date on three develop- have private property. A piece of pri- have law enforcement people. I had ments with respect to the reauthoriza- vate property is sold, revenue is gen- Sheriff Mike Winter from southern Or- tion of this critically needed program. erated, taxes are paid. That is how egon—I am sure Senator SMITH knows The distinguished Senator from Ne- they pay for services. We have not been Mike Winter—talking to us about what vada, the majority leader, Mr. REID, able to do that in our State because the cuts would mean in law enforce- has been the majority leader for just the Federal Government owns more ment in rural areas. We are talking over 1 month. than half of our land. about law enforcement, the fight I have had many conversations with People ask: How is it—and Senator against methamphetamines, which I the majority leader about this pro- SMITH has touched on this this after- know the Senator from Montana knows gram. He vacationed in our beautiful noon—that Oregon depends on these something about. It is a scourge that is State this summer. He saw the impor- revenues for essential services? Well, clobbering the whole West. We can’t tance of our bountiful forests. I ex- God made a judgment that what we leave our communities defenseless. We plained to him that the Federal Gov- ought to do in Oregon is grow these can’t leave our communities without ernment owns more than half of our beautiful trees. And, by God, we deliv- the resources they need to fight meth State. He has told me that he is deter- ered. That is what we do. And we do it and these other critical problems. mined to work with me until our State better than anybody else. So we didn’t I have open meetings, one in every gets a fair shake with respect to this come up with some arbitrary figure county every year. I am sure the Sen- critically important program. back in 2000 and say, well, let’s just ator from Montana will be starting Second—and this is something that give the State of Oregon a whole bunch something like that. Folks in these the distinguished Senator from Mon- of money because we decided to exer- rural school districts used to come up tana knows something about—we have cise raw political muscle. It was essen- and say: Ron, we are not going to have a good bipartisan group of Senators on tially based on a formula that is dec- school but for 3 days a week if we don’t the legislation I have authored to reau- ades old, built around the proposition have this program. So what we are thorize the program. Both Senators that where the Federal Government talking about is any serious semblance from Oregon, both Senators from owns most of the land, we ought to of public instruction in rural commu- Washington, and both Senators from make it possible for those communities nities in our State. We don’t see how California, the distinguished Senator to get help, at least at that time, we are going to be able to achieve it from Montana, and the distinguished through timber receipts. But when the without this particular program. Senator from Alaska have all joined us environmental laws changed, suddenly The consequences here are very real. in the effort to reauthorize this pro- those counties were high and dry. The consequences are tragic. This is gram. So I went to the Clinton administra- not a question of the Oregon congres- Third, as the chairman of the For- tion. Frankly, I was pretty blunt. I sional delegation, Senator SMITH and estry Subcommittee, I would like to have been blunt with the Bush admin- myself, crying wolf and coming out and announce that the first hearing we are istration, but I was even more blunt just being alarmists on the floor of the going to have in the Forestry Sub- with the Clinton administration. Senate. This is what we hear from our committee is to reauthorize this pro- I said: You don’t pass this program, constituents. I heard it at town meet- gram. Because it is so important, be- you might as well not come to our ings a little bit ago, just a little over a cause it is a lifeline to rural commu- State because you are not going to be week. I am going to hear it again this nities across our State, we are making able to make a case for cutting off this weekend. Suffice it to say, over 700 this the subject of the first hearing. We program when those communities are counties in 39 States are involved. have pink slips going out now, county getting hammered through no fault of Many of them are in parts of the coun- commissions trying to make decisions their own. They did nothing wrong. try where the Federal Government about schools and law enforcement. What happened in this country is owns most of the land. That is cer- These programs involved are not ex- that values changed. Environmental tainly the case in Oregon where we tras. They are not the kind of thing priorities changed. All of a sudden have many rural communities where that you consider something you would those counties had nowhere to turn. So significantly over half of the land is like to have. These are programs that you are seeing that in Montana, in Or- owned by the Federal Government. involve law enforcement, that raise the egon, throughout these small commu- Mr. SMITH. Mr. President, I wonder question of whether we are going to nities. if my colleague will yield for a ques- have school in our State other than Senator SMITH has seen this as well. tion. three times a week in some of these You can’t go to a small community in Mr. WYDEN. I am happy to yield. rural communities. I am committed to rural Oregon, such as John Day, and Mr. SMITH. My colleague is the au- making sure that doesn’t happen. Sen- tell them they ought to set up a bio- thor of this legislation. As he has ator SMITH is committed to it. The technology company in the next few worked in the 109th Congress from the whole Oregon congressional delegation months. They are making a big push minority side, and I worked the major- is committed to it. right now to diversify and get into ity side, I suppose he found, as I did, In Curry County, for example, on the other industries. But these resource-de- that many people said: Well, the cause Oregon coast, they are looking at the pendent communities, communities is just, but just work it out. There prospect of laying off all nonessential that are looking at the axe falling on weren’t a lot of folks who wanted to workers, including patrol officers, them, not in 6 months, not in a year, work it out. Now, as we come to the some of whom would be left to perform but coming up in a matter of weeks, final business of the last Congress in only their mandated correction duties. they have nowhere to turn. So we con- this Congress, in a congressional reso- In a few months, they will have laid off sider ourselves the last line of defense. lution, is it not true that we only have 20 percent of their county workforce. What we are asking for is what I and this piece of legislation and the emer- My judgment is—and this comes di- Senator REID, the majority leader, gency supplemental that we have to at- rectly from those folks in Curry Coun- have been talking about. And that is a tach this to? And if we don’t, the pink ty—there is a real question about fair shake for our State, not a death slips are for real?

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.021 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1825 Mr. WYDEN. The Senator is right I thank the distinguished Presiding that the Senate should, as the greatest with respect to how critical this ques- Officer for being a cosponsor of this deliberative body—certainly in matters tion is. As he knows, because he and I bill. We are glad to have him in our bi- of war and peace—in a prompt way ad- have made this a top priority now for partisan coalition. dress the issues regarding Iraq. quite some time, we didn’t get a fair I wanted to wrap up by saying I ap- Our men and women in the Armed shake in the last session of Congress. I preciate Senator SMITH’s remarks here Forces are fighting bravely in that con- put a hold on several appointments on the floor. He is going to hear from flict, as they are in conflicts elsewhere from the Bush administration because the Oregon congressional delegation worldwide. Our concerns are heartfelt, I wanted to make sure that they got and Oregon Senators again and again not driven by political motivation. As the wake-up call. I lifted that hold and, and again, until this critical program we gathered as a group in the past 2 frankly, I wish I hadn’t because I think is reauthorized. weeks to work on this, we took note of they have never put the effort into try- I yield the floor. the fact that the President, on January ing to get this warranted program re- The PRESIDING OFFICER. The ma- 10, in his message to the Nation explic- authorized. So Senator SMITH is cor- jority leader. itly said that others could come for- rect in terms of saying that this pro- Mr. REID. Mr. President, I suggest ward with their ideas. I will paraphrase gram should have been reauthorized the absence of a quorum. it—the exact quote is in the amend- some time ago. He and I have put it at The PRESIDING OFFICER. The ment we are putting in today—that he the top of our priority list. clerk will call the roll. would take into consideration the This is not an abstract question. De- The legislative clerk proceeded to views of others. So in a very construc- cisions are being made by rural school call the roll. tive and a respectful way, our group officials, by county commissions at Mr. WYDEN. Mr. President, I ask said we disagreed with the President this time. They are looking at cuts unanimous consent that the order for and we gave a series of points urging that are going to affect our ability to the quorum call be rescinded. him to consider those points as he be- protect the communities from serious The PRESIDING OFFICER. Without gins to implement such plan as finally matters as it relates to criminal jus- objection, it is so ordered. devised throughout Iraq but most spe- tice, to adequate public education. And Mr. WARNER. Reserving the right to cifically in Baghdad. we are not talking about extras. We are object, Mr. President. We are very respectful of the fact talking about basics, as Sheriff Mike The PRESIDING OFFICER. Is there that the plan put in by the President Winter from southwestern Oregon has objection to calling off the quorum? was in three parts: a diplomatic part, noted, and local school officials as Mr. WARNER. No. Before the Sen- an economic part, and a military part. well. We want to make it clear just ator begins to speak, I want to make We explicitly stated in the resolution what the consequences are going to be. this clear. I ask the Presiding Officer, our support for the diplomatic and eco- I mentioned Curry County on the Or- am I not to be recognized for the time nomic parts, and we are hopeful it can egon coast, for example. A number of between 3:45 and 4:30? be put together in a timely fashion. our other communities—Douglas Coun- Mr. WYDEN. Mr. President, the dis- There is some concern as to whether ty, Lane County, in particular—are tinguished Senator from Virginia, I the three main parts can progress to- going to see direct and painful con- think, will be pleased with my request. gether, unified, in this operation, given sequences as a result of this program I ask unanimous consent that Sen- the short timetable to implement it. and the failure of this program to be ator WARNER be recognized at this time So two parts of the program we whole- reauthorized. County payments legisla- for up to 60 minutes and, following heartedly support and so state in this tion is supported by a diverse coalition. that, Senator MURRAY be recognized amendment. We are pleased to see that this is a top for 15 minutes, a Republican Senator The concern is about the military priority of the National Association of be recognized next for 10 minutes, then section. We state the explicit nature of Counties. A number of labor organiza- Senator MCCASKILL be recognized for 10 our concerns. Some Senators have sug- tions have also said that they believe minutes, and then Senator SMITH be gested the resolution expresses matters this is critically important. recognized for up to 75 minutes. I will which I can find no source whatsoever I will just wrap it up by saying that be joining Senator SMITH during his 75 in the resolution for those complaints. I believe these cuts in payments to minutes. That is my request. Nevertheless, I will address in the rural counties are going to hit the The PRESIDING OFFICER. Is there course of this time each and every one rural part of my State and rural Amer- objection? of those concerns. ica like a wrecking ball. They are Without objection, it is so ordered. Indeed, on the weekend talk shows, going to pound these communities. And The Senator from Virginia is recog- one Senator said: My problem with the it doesn’t have to happen. Senator nized. Warner proposal and others that criti- SMITH has made that point. I have f cize the surge is, what is your plan? All made that point. The whole Oregon IRAQ RESOLUTION right. That is a legitimate question. I congressional delegation, every mem- say that our amendment states a clear ber of our House delegation, we don’t Mr. WARNER. Mr. President, I shall strategy. It says as follows: have 50 Members representing us in the be joined by a number of colleagues The Senate believes the United States House of Representatives like Cali- and the purpose of our taking this time should continue vigorous operations in fornia, but we are going to be heard. is as follows: We have decided to put in Anbar Province specifically for the purpose I have been gratified that Senator an amendment to H.J. Res. 20, amend- of combating an insurgency including ele- REID, our majority leader, has been ment number 259 which will be printed ments associated with the al-Qaida move- willing to spend so much time with me. in today’s record. This amendment ment and denying terrorists a safe haven. He is a westerner. He knows what the mirrors S. Con. Res. 7, a resolution pre- Secondly, the primary objective of impact is in a public lands State. He pared by myself and others sometime the overall strategy in Iraq should be was in our State. He saw what the for- last week, which expresses certain con- to encourage Iraqi leaders to make po- ests mean to us. He is an honorable cerns we have with regard to the Presi- litical compromises that will foster man and a man of his word. He said he dent’s plan as announced on January 10 reconciliation and strengthen the would work with me to make sure that of this year. unity government, ultimately leading our State gets a fair shake. We are This amendment, to H.J. Res. 20 is to improvements in the security situa- going to make sure that message is cosponsored by Mr. LEVIN, Ms. COLLINS, tion. heard loudly and clearly when we have BEN NELSON of Nebraska, Mr. HAGEL, Next, the military part of the strat- the hearing in the Forestry Sub- Ms. SNOWE, Mr. SMITH, Mr. BIDEN, and egy should focus on maintaining the committee. We will make sure the leg- as other Senators return to town, we territorial integrity of Iraq, denying islation that the Senator from Mon- may have further cosponsors. international terrorists a safe haven, tana has joined me on will get a thor- We are concerned that the fighting conducting counterterrorism oper- ough hearing at that particular discus- rages on throughout Iraq, and particu- ations, promoting regional stability, sion. larly in Baghdad. It is very important supporting the Iraqi efforts to bring

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All Members—Members of both Likewise, another part of our amend- United States military forces in the parties—have the right and responsi- ment states: field, including the elimination or re- bility to present their views and, if The United States military operations duction of funds for troops in the field, they choose, submit other resolutions should, as much as possible, be confined to as such an action with respect to fund- regarding the war in Iraq. these goals and should charge the Iraqi mili- ing would undermine their safety or I am also deeply disappointed that tary with the primary mission of combating both sides have used procedural tactics sectarian violence. harm their effectiveness in pursuing The United States Government should en- their assigned missions. in this process. My colleagues and I gage selected nations in the Middle East to In sum, our resolution aims not to were assured that the leaders were develop a regional, internationally sponsored contravene the Constitutional authori- committed to reaching an agreement peace and reconciliation process. Overall, ties as Commander-in-Chief, but, rath- on this debate. That has not yet hap- military, diplomatic, and economic strate- er, to accept the offer to Congress pened, and I, similar to my colleagues, gies should not be regarded as an open-ended made by the President on January 10, intend to do everything in my power as or unconditional commitment, but rather, as 2007 that, ‘‘if members have improve- a Senator to ensure a full and open de- a new strategy, hereafter should be condi- bate of the Iraq war on the Senate floor tioned upon the Iraqi government meeting ments that can be made, we will make benchmarks that must be delivered in writ- them. If circumstances change, we will in front of the American people. We ing and agreed to by the Prime Minister. adjust.’’ owe it to our soldiers and their fami- Then we spell out a series of bench- It is clear that the United States’ lies, and we owe it to the American marks. Such benchmarks should in- strategy and operations in Iraq can people. I wish to focus on one particular as- clude, but not be limited to, the de- only be sustained and achieved with pect of this debate and that has to do ployment of that number of additional support from the American people and with the resolution itself—the rel- Iraqi security forces as specified in the with a level of bipartisanship in Con- evancy and importance of Senate reso- plan in Baghdad, ensuring equitable gress. lutions. In the last 15 years, there is distribution of resources of the Govern- The purpose of this resolution is not ample, strong, and significant prece- ment of Iraq without regard to the sect to cut our forces or to set a timetable dent in the Senate debating a Presi- or ethnicity of recipients, enacting and for withdrawal, but, rather, to express dent’s military policies while troops implementing legislation to ensure the genuine concerns of a number of are deployed overseas—Bosnia, Soma- that the oil resources of Iraq benefit Senators from both parties about the lia, Haiti, Kosovo. In each of those sit- Sunni Arabs, Shia Arabs, Kurds and President’s plan. uations, I and many of my colleagues other Iraqi citizens in an equitable It is not meant to be confrontational, here today in the Senate debated and manner, and the authority of the Iraqi but instead to provide a sense of bipar- commanders to make tactical and tisanship resolve on our new strategy most of us voted binding and non- operational decisions without political in Iraq. It follows many of the conclu- binding resolutions regarding U.S. intervention. sions of the Baker-Hamilton report by military operations abroad. Many of Further, some Senators have indi- focusing on what is truly in our na- these measures expressed opposition to cated, again incorrectly, that our reso- tional interest in Iraq, and spells those the military operations, criticizing, for lution either fails to recognize, or dis- goals out in detail. example, one, the open-ended nature of agrees with all aspects of the Presi- I want to divide our time between the deployment; two, the danger of dent’s plan, namely the political and colleagues. I will ask at this time that mission creep or escalation of military economic aspects, in addition to the the distinguished Senator from Ne- involvement; three, the danger of de- military part of his plan. braska, Mr. HAGEL, be recognized and ploying U.S. forces into sectarian con- In fact, our resolution acknowledges that, following his comments, I shall flict; and four, the failure of the Presi- directly that the President’s plan is be recognized again to give the remain- dent to consult with Congress. multi-faceted. Our resolution states, der of my remarks. I say on a personal It might be instructive to review whereas, on January 10, 2007, following note to the Senator how much I valued some of the Senate’s history on these consultations with the Iraqi Prime our conversation over the weekend, to- recent debates regarding these recent Minister, the President announced a gether with our distinguished colleague resolutions. Let me begin with Bosnia. new strategy, which consists of three from Maine, after which we decided In June of 1992, U.S. forces began to basic elements: diplomatic, economic, today to put the language of S. Con. deploy to Bosnia. In December 1995, the and military. Res. 7 in as an amendment to the pend- United States was preparing to deploy As such, our resolution disagrees ing matter before the Senate. substantial ground forces into Bosnia, only with the military aspect of the I yield the floor. roughly 20,000 American ground force President’s plan, and actually supports The PRESIDING OFFICER. The Sen- combat troops, very similar to the the diplomatic and economic aspects of ator from Nebraska is recognized. number we are now looking at in the his plan. Mr. HAGEL. Mr. President, I rise to President’s escalation of more Amer- Finally, some Senators have sug- join my colleagues, Senators WARNER, ican troops into Iraq today. gested that our resolution either fails COLLINS, and others, in offering this As a result of President Clinton’s de- to support the troops, or threatens a amendment to the continuing resolu- cision in 1995, the Senate considered cut-off in funding. Actually, our resolution. Senate Concurrent Resolution 35, a res- tion does neither. It states forcefully Last week, Senators COLLINS, SNOWE, olution submitted by our colleague our support for the troops: whereas, SMITH, VOINOVICH, COLEMAN, and my- from Texas, the senior Senator, Mrs. over 137,000 American military per- self sent a letter to the Senate leader- HUTCHISON. This resolution was a non- sonnel are currently serving in Iraq, ship urging our distinguished majority binding resolution. Again, this was a like thousands of others since March and minority leaders to reach an agree- nonbinding resolution. This resolution 2003, with the bravery and profes- ment so the Senate could debate the said: sionalism consistent with the finest war in Iraq. The Congress opposes President Clinton’s traditions of the United States Armed We said, and I quote from that letter: decision to deploy United States military ground forces into the Republic of Bosnia The current stalemate is unacceptable to Forces, and are deserving of our sup- and Herzegovina to implement the General us and to the people of this country. port of all Americans, which they have Framework Agreement for peace strongly; whereas, many American In the letter, we pledged to—again in Bosnia. . . . service personnel have lost their lives, quoting the letter—‘‘explore all of our This resolution also said: and many more have been wounded, in options under the Senate procedures Congress strongly supports the United Iraq, and the American people will al- and practices to ensure a full and open States military personnel who may be or- ways honor their sacrifices and honor debate on the Senate floor.’’ That, of dered by the President to implement the their families. course, is why we are here today. general framework for the peace in Bosnia.

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Mr. President, I thank This resolution also said it was a con- ‘‘should seek and receive congressional the Senator from Virginia. tinuation of the previous debate on authorization in order for the deploy- In conclusion, I add that the Amer- support of the troops already deployed. ment of U.S. forces to Somalia to con- ican people have had enough of the As Senator HUTCHISON said on the tinue.’’ misrepresentations, the politics, and Senate floor on December 13: There are 11 cosponsors of the Byrd the procedural intrigue in the Senate. I There are many of us who do not think measure, including our colleagues, say again to our distinguished leaders that this is the right mission, but who are Senators MCCAIN, COCHRAN, BOND, and of both our parties: It is your responsi- going to go full force to support our troops. WARNER. bility, as leaders of this body, to re- In fact, we believe we are supporting our One month later, after the horrible solve this procedural dispute so that troops in the most effective way by opposing death of 18 U.S. troops in early Octo- the Senate can have a full, fair, open this mission because we think it is the wrong ber, the Senate considered two binding debate on the war in Iraq. And I will one. . . . measures to cut off funds, one intro- continue to join my colleagues—Sen- A month earlier in November 1995, duced by Senator MCCAIN and one by ators WARNER, COLLINS, SNOWE, and Senator HUTCHISON framed the com- Senator BYRD. others—in making every effort to bring plexities of our military intervention On October 15, 1993, the McCain up our resolution at every available op- in Bosnia in terms that are eerily rel- measure, which would have terminated portunity until that debate occurs. evant to today. She said: further U.S. military operations in So- Mr. President, I yield the floor. I am very concerned that we are also set- malia, was tabled 61 to 38. That same The PRESIDING OFFICER (Mr. DUR- ting a precedent for our troops to be de- day, the Senate voted 76 to 23 to adopt BIN). The Senator from Virginia. ployed on the ground in border conflicts, in the Byrd measure to cut off all funding Mr. WARNER. Mr. President, before ethnic conflicts, in civil wars. . . . in March 1994 for U.S. forces in Soma- the Senator leaves the floor, I have an- Opposition to the President’s policy lia. other point of history. I find this fas- but strong support for the U.S. mili- There are two more very clear exam- cinating. I hope, hereafter, colleagues, tary—this is similar to the debate we ples, such as the examples I have given pundits, and writers will at least recog- are having today on Iraq. on Somalia and Bosnia, that I could nize that, and I repeat it. Senate Histo- Senator HUTCHISON’s resolution had discuss—Haiti and Kosovo—in some de- rian documents confirm the Senate has 28 cosponsors, including our friends and tail, and I may do that later. But the been posing sense-of-the-Senate resolu- colleagues, Senators INHOFE, CRAIG, point is, the facts are clear. There is tions since 1789. Thus, our Framers of KYL, LOTT, BENNETT, HATCH, SHELBY, clear precedent—clear precedent—for the Constitution and those who served and STEVENS. both binding and nonbinding resolu- in the early Congresses recognized the On December 13, 1995, 47 Senators tions, as well as legislation to redirect, value of this type of resolution. voted in favor of Senator HUTCHISON’s condition or cut off funds for military I yield the floor. I thank my distin- nonbinding resolution. That day, 47 operations, and this is at the same guished colleague from Maine, again, Senators believed you could oppose the time we have and we had military for her steadfast support and advice President’s policy but still support our forces in those countries. throughout this entire process today, troops. So to argue, to state, to imply this is tomorrow, and well into the future. The next day, December 14, 1995, the somehow not only irrelevant but un- The PRESIDING OFFICER. The Sen- Senate considered Senate Joint Resolu- precedented is not the case. The Con- ator from Maine is recognized. tion 44, a binding resolution introduced gress has always had a responsibility, Ms. COLLINS. Mr. President, I am by Senator Dole. This resolution sup- not just constitutionally but morally, very pleased to join with the distin- ported U.S. troops in Bosnia. This reso- to inject itself in the great debate of guished senior Senator from Virginia— lution had six cosponsors, including war. a former chairman of the Senate our colleagues, Senators MCCAIN and Mr. WARNER. Mr. President, will the Armed Services Committee, an indi- LIEBERMAN. Senator yield on that very point? vidual who has devoted his life to the On December 14, 1995, the Senate Mr. HAGEL. Yes, I yield to Senator support of our military—in offering, adopted this resolution by a vote of 69 WARNER. along with a number of our colleagues, to 30. That was Bosnia in 1995. Mr. WARNER. We had in our discus- this very important resolution as an Somalia: In December 1992, U.S. sions, and Senator COLLINS joined in amendment to the continuing resolu- troops began to deploy to Somalia. this discussion—that we could not con- tion. There are many differing views in Nearly a year later, in September 1993, ceive—and that I, this Senator from this body on the road ahead in Iraq, the Senate debated the objectives, the Virginia, could ever participate in a and those views are legitimate but mission, and strategy of our military cutoff-of-funding in regards to this sit- they deserve to be debated. There is no deployment in Somalia. Speaking on uation in Iraq. more pressing issue facing this country the Senate floor on September 23, 1993, But back to historical precedents. I than Iraq. The public is disappointed to Senator MCCAIN framed the debate have this volume, the ‘‘Encyclopedia of see the Senate avoid the debate on the when he said: the United States Congress,’’ compiled most important issue of our day. The Somalia is a prime example of lofty ambi- by 20 eminent historians in 1995. And current stalemate is unacceptable. It is tions gone awry. Our service men and women on this subject that the Senator ad- unacceptable to the American people. have become . . . part of a mission to build dressed, they said the following: Regardless of our views on the appro- Somalia into a stable democracy—some- Another informal power of the Congress in thing, incidentally, it has never been, and the foreign policy field is the passage of reso- priate strategy for Iraq, we have an ob- shows no sign of ever becoming this decade. lutions by the House or the Senate, often ligation, we have a duty as Senators to The manner in which military force is to called a sense-of-the-House or sense-of-the- fully debate this issue and to go on be used to further this grandiose objective Senate resolution. Although not legally en- record on what we believe to be the ap- has been left unclear. Without a clear mili- forceable, such resolutions are often taken propriate strategy, the road ahead in tary objective, our forces in Somalia have seriously by the President and his foreign found themselves involved in a situation Iraq. policy advisers because they are useful indi- I am very disappointed that the pro- where they cannot distinguish between cators of underlying public concern about friend and foe. They have often been pre- cedural wrangling on both sides of the important foreign policy questions. More- aisle prevented that kind of full and sented with situations where they cannot over, as a general rule, the White House even distinguish between civilians and com- wants to maintain cooperative relations fair debate last week. I believed strong- batants. with the Congress and to give legislators the ly that we should go ahead with that On September 9, the Senate voted 90 impression that their views have been heard debate, and I am sorry that did not to 7 to adopt a nonbinding—a non- and have been taken into account in policy occur. I hope our leaders on both sides binding—sense-of-Congress resolution formulation. of the aisle will work together to come submitted by Senator BYRD. This reso- Clear documentation of the Senator’s up with a fair approach to debate this lution called on the President to out- points in this very erudite resource of most important issue.

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The American people deserve to and with foreign jihadists, and there bility for their own future. know where each and every one of us and only there did I hear an American I say to my colleague, that quote stands on the President’s strategy, on commander ask for more troops—only captured my own visit, which was just whether to cut off funding, on the im- in Anbar Province—and he did so in barely a month before that, when I portant issues related to this very order to capitalize on a recent positive came back and I described in my public pressing issue. There are legitimate ar- development in which some of the local comments that the situation in Iraq guments on both sides. There are those Sunni tribal leaders are now backing was drifting sideways. who agree with my position that a the coalition forces against al-Qaida. That was a very serious summary. surge of 21,500 troops would be a mis- My conclusion is that we do need But I said it because I felt obligated to take. There are those who believe that more troops in Anbar, but we should our troops who were fighting bravely the surge is the right course to follow. reallocate from troops already in the and courageously and with a level of I respect the views of Senators on both country. I personally would choose to professionalism that equals the finest sides of the aisle and, indeed, this is take troops out of Baghdad and send hour in the 200-plus-year history of our not a partisan issue. But surely—surely them west, to Anbar Province, and put military—and the support their fami- this is an issue that deserves our full the Iraqis in charge, fully in charge of lies give them. I felt ever so strongly debate in the best traditions of this security in Baghdad. I fear that by in- that we were obligated as a country to historic body. Surely—surely our con- serting thousands of additional troops reexamine our strategy and I called for stituents deserve to know where we into the midst of the sectarian strife in that reexamination of strategy and it stand. Baghdad, ironically we will ease the has been done. I think this is so important that pressure on the Iraqi leaders to take But I say to my colleague, General nothing should prevent us from going the long-overdue steps to quell the sec- Abizaid’s summary about the need for to this debate prior to our recessing. I tarian violence, for I am convinced more forces, does that not summarize think we should make this so impor- that the sectarian violence in Baghdad what you learned on your trip? tant that if it is not done, perhaps we requires a political, not a military, so- Ms. COLLINS. Mr. President, if I should reconsider our plans for next lution. may respond to the Senator from Vir- week. I think we should proceed with In Basra, the third stop on our trip, I ginia, I remember very well General this most important debate without heard a British commander, a British Abizaid’s testimony before the Armed further delay. There are a number of colonel, give an excellent presentation Services Committee in mid-November. worthwhile resolutions that have been to us. He said that initially the British And as the Senator has pointed out— brought forward. Let the debate begin. and American troops were welcomed in and he presided over that hearing—it Finally, I want to add just a couple Iraq, but as time has gone on, what he could not have been clearer General of comments to those made by the dis- called the consent line has declined Abizaid said that he consulted with all tinguished Senator from Virginia and and their presence has been less and the American commanders and that the distinguished Senator from Ne- less tolerated and more and more re- the effect of bringing in more Amer- braska, and that is about the impor- sented. ican troops would be to relieve the tance of these resolutions. They are by I think perhaps the only issue on pressure on the Iraqis to step up and no means unprecedented, as both of my which all Members of this body can take control of the security them- colleagues have so articulately pointed agree is that our troops have served selves. out. They offer guidance to the admin- nobly and well in Iraq, and that we Indeed, and ironically, General istration. It remains my hope that if need a new strategy. We disagree on Petraeus, the new commander in Iraq, the Senate passes the resolution that I the road ahead, but that is what de- had written an article for the Military have helped to coauthor that the Presi- mocracy and the traditions of the Sen- Review in January of 2006 in which he dent will accept our invitation to take ate are all about. We should not be said that one of the lessons from his a second look at his plan. We urge him afraid of this debate. We should debate tours of duty in Iraq was that you to explore all alternatives and to work this issue fully and openly and let our should not do too much, that you with us on a bipartisan strategy to constituents and the administration should call upon the Iraqis to take re- chart a new road ahead in Iraq. know exactly where the Senate stands. sponsibility for themselves. Indeed, my As a result of my trip to Iraq in De- The PRESIDING OFFICER. The Sen- experience was just as the Senator’s cember, I concluded that we face a ator from Virginia. was. About a month after General number of different challenges in Iraq Mr. WARNER. Mr. President, I thank Abizaid’s testimony, I was in Iraq. I and the strategy depends on where you our colleague. I wonder if I could ask talked with the commanders on the are in Iraq. In Baghdad, the capital is our colleague a question before she de- ground, and I would like to share with engulfed in sectarian violence. Yes, parts? She made reference to her trip the senior Senator what one American Baghdad is in the midst of a civil war and the discussions that she had with commander told me. between the Shiites and the Sunnis. To the senior commanders. I would like to He said that a jobs program for Iraqis insert more American soldiers in the bring to her attention testimony that would do more good to quell the sec- midst of this sectarian struggle would, came before our committee, of which tarian violence than the addition of in my judgment, be a major mistake. the distinguished Senator from Maine more American troops. He told me that Only the Iraqis can devise a solution to is a member, at which time we heard some Iraqi men are so desperate for the sectarian strife that is gripping from the Commander of the United money because they have been unem- Baghdad, and I think if the Iraqis had States Central Command, General ployed for so long that they are joining taken the long overdue political steps, Abizaid. the Shiite militias. They are planting if they more fully integrated the Sunni In the course of his testimony to roadside bombs simply for the money minority into the power structures, if Congress on November 15, 2006—right in because they are desperate. they had passed an oil revenue bill that the timeframe the Senator made her I thought that was such a telling more equitably distributed oil reve- trip—I will quote him, General Abizaid. comment, I say to my distinguished nues, if they had held the long overdue The general said: colleague, because this was from a very provincial elections, we would not be in I met with every divisional commander, experienced commander who had been the crisis in which we are today. General Casey, Corps Commander, and Gen- in Iraq for a long time. At that mo- Indeed, that is not just my opinion, eral Dempsey—we all talked together. And I ment he was not calling for more that was the opinion of General said, ‘‘In your professional opinion, if we troops. None of the American com- were to bring in more American troops now, manders with whom I talked in Bagh- Petraeus when I asked him that ques- does it add considerably to our ability to tion during his nomination hearing be- achieve success in Iraq?’’ And they all said dad called for more troops. The only fore the Armed Services Committee. no. And the reason is because we want the place where we heard a request for By contrast to the sectarian strife Iraqis to do more. It’s easy for the Iraqis to more troops was in Anbar Province, that is plaguing Baghdad, the battle is rely upon us to do this work. I believe that and as I have explained, the situation

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It is one of the issues that is which is consistent with the traditions sistent pattern. Whether it was the dis- the most significant of our time. and principles of this institution, tinguished Senator’s trip in October or As we begin this week, it is regret- which has been its hallmark. That is the testimony of General Abizaid in table we don’t have the Iraq debate be- why it has been considered the greatest November or my journey in December, fore the floor of the Senate in the form deliberative body in the world. Unfor- we heard exactly the same themes, ex- of considering a resolution. Tomorrow, tunately, it is not living up to that exactly the same answers to the ques- the House of Representatives is going pectation or characterization, regret- tions of whether we needed more to proceed. They are going to proceed tably. But I joined with the Senator troops. to debate a resolution in opposition to from Nebraska in his effort across the Finally, let me say I went to Iraq the troop surge proposed by the Presi- aisle with the chairman of the Foreign with a completely open mind on this dent of the United States. They will Relations Committee and the chairman issue, and I came back convinced that have that debate this week. The ques- of the Senate Armed Services Com- sending more troops to Baghdad would tion is when and if the Senate is going mittee because I wanted to send a mes- be a colossal error. to have that debate on a specific reso- sage that here and now, there will be Mr. WARNER. Mr. President, I thank lution, on specific issues, with specific those of us on this side of the aisle who our colleague. I wonder if at this point votes. disagree with the President on the in the colloquy—and then I will yield Unfortunately, what we are wit- troop surge. So I wanted to send that the floor because I know other Sen- nessing today is the shrinking role of message. I read the resolution. I know ators are anxious to speak—but we, the the Senate when it comes to the war in there are some on this side of the aisle United States, the military, and the Iraq, a war that has been ongoing for 4 who didn’t accept that language. But I taxpayers have trained and equipped years. I am dismayed because I don’t thought it was important to do that. I over 300,000 Iraqi security forces com- see any evidence. I don’t see any evi- cosponsored that resolution. posed of the professional Army, police, dence of working on a bipartisan basis We had many meetings, as the Sen- border security, and a group of others. to coalesce around an issue and on a ator from Nebraska would note, with The thrust of our resolution originally, position where it has been dem- Chairman BIDEN and Chairman LEVIN, and this one that is here, the amend- onstrated there is a majority of sup- to work through this issue: how we ment which is identical, was to give port in the Senate to have negotia- could work with the Senator from Vir- the Iraqis this opportunity, which the tions, to have consultation, to work it ginia, because we knew we had a ma- Prime Minister himself called for. He out. I don’t see any evidence of that. jority on both sides of the aisle that said: Give us the opportunity to show Have we come to the point in the Sen- could work it out, who were opposed to that we can do this operation. ate where we haven’t been able to de- the troop surge. So how is it we That is the basis on which we drew termine procedurally how to move for- couldn’t get from here to there? And up the resolution. And in our resolu- ward on a nonbinding resolution? It is we met in good faith to negotiate, tion we said two things: The responsi- hard to believe the Senate would be working out even the procedures. We bility for Iraq’s internal security and marginalized on that point. agreed: Let’s have an open, unfettered, halting sectarian violence must rest Now I am speaking from experience. unrestricted debate, which is con- primarily with the Government of Iraq This is my 13th year in the Senate—my sistent with this institution that is and Iraqi security forces. Then, specifi- 13th year. I served in the House of Rep- predicated on our Founding Fathers’ cally we said in the conclusion: The resentatives for 16 years. I served for vision of an institution based on ac- United States military operations more than 20 years—I think about 24 commodation and consensus. You have should, as much as possible, be con- years—on Foreign Affairs, Foreign Re- to get 60 votes. So we said: Let’s work fined to the goals that are enumerated lations, Armed Services, and currently it out, and the good Senator from Vir- in the previous paragraph and should the Intelligence Committee. So I speak ginia worked it out. He incorporated charge—I repeat—charge the Iraqi from experience. You have to work our concerns in his modified resolution military with the primary mission of across the political aisle. And there so we could enjoin our efforts. combating sectarian violence, and that wasn’t a time when we didn’t discuss Now, it is not surprising on this side is in the Baghdad operation. these issues: Lebanon, Persian Gulf, of the aisle that there are strong views So I think those facts, our resolu- Panama before the Persian Gulf. We that support the President, that don’t tion, now referred to as an amendment, had Bosnia and Kosovo. We were able believe we should have a vote. But does absolutely parallels what we learned to work it out. The fact is I well recall that mean to say we can’t move for- firsthand on our trips into that region. a statement I had drafted back in 2000 ward and the House of Representatives Mr. President, I see other Senators illustrating examples of bipartisanship can? So the House of Representatives is are waiting. I see the distinguished here on the floor of the Senate, one of going to be debating this issue this senior Senator from Maine, Ms. SNOWE. which I said about the Senator from week, and the Senate is going to be The PRESIDING OFFICER. The Sen- Virginia, Senator WARNER, in working dithering. While our troops are on the ator from Maine is recognized. across the aisle with the Senator from front lines, the Senate is sitting on the Ms. SNOWE. Mr. President, first, I West Virginia, Mr. BYRD, on the issue sidelines. want to commend the senior Senator of Kosovo. I am amazed we have reached this from Virginia, Senator WARNER, for his That has been the hallmark of the point in the Senate. We should be em- unparalleled leadership, because it is Senate. Does it mean that we disagree bracing this moment. We are the voice borne of a tremendous credibility based on a major issue of our time? No. There of the American people. Constitutional on his military and professional experi- are differences of opinion, but what is democracy is predicated on majority ence on these vital issues, and that pre- the Senate afraid of? What are we rule, but a respect for minority rights. cise credibility lends the kind of exper- afraid of? To debate and to vote on var- I don’t see any ongoing negotiations tise to the Senate, to the Congress, and ious positions, whether it is on our po- and discussions. Maybe I missed some- to our Nation that is so vital at this sition on the troop surge, whether it is thing. I don’t see that happening across point in time. But I think in the final on the position of cutting out funding, the political aisle. If historically we analysis, it is something we have to the troop gaps, a new authorization? took the position: You missed your honor as we consider the most con- Some of those issues and positions I chance, that you missed your chance sequential issue of our time. would disagree with. But does that with a vote—2 weeks ago—you mean I am very pleased the Senator has of- mean to say the Senate cannot with- that is it in the Senate? How did we fered an amendment that reflects his stand the conflicting views of various pass major pieces of legislation, major

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.035 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1830 CONGRESSIONAL RECORD — SENATE February 12, 2007 initiatives without saying: That is it; have any impact, then why is it we are vacuum to continue. We got a new gov- there is no room for discussion, there is not voting? What has a greater reso- ernment. Yet they have been hesi- no room for negotiation, there is no nance in America? Is it silence or is it tant—indeed, they have been an im- room for compromise. taking action on the most consequen- pediment—to quelling the sectarian vi- Oftentimes I am challenged on this tial issue of our time? I can only imag- olence and confronting and demobi- side because I work so much across the ine, if we had an overwhelming bipar- lizing the militias. political aisle. Senator HAGEL did the tisan vote on Senator WARNER’s resolu- I heard a year ago about the graft same thing, as did Senator WARNER. We tion—that is bipartisan, I might add— and corruption that was running ramp- worked across the political aisle to because those Members strove to make ant in the ministries, as we saw re- make it work. But I do not see that it bipartisan in the Senate, many cently with the Deputy Minister of mutual trust to say: Let’s see how we strive to do that, so we can send a mes- Health funneling money to support the can move forward on the most pro- sage that would be profound, that sectarian violence and the militias. We found issue of our time. It is unimagi- would resonate. To have a strong vote have seen and we have known all of nable that we cannot develop a strat- in the Senate or silence, which would that. egy for deliberating on this most con- have greater resonance? I think we So Senator WARNER got that resolu- sequential issue. know the answer to this question. tion passed. We united around him. In We are expecting to adjourn next I am concerned we are taking a polit- June of 2006, we passed a resolution as week for a recess. I thought to myself: ical U-turn away from the message in well that called for a regional con- Why? Why, so we will get back to Iraq the last election. I was in that last ference so we would begin the diplo- before we know it? That is what we election. I heard loudly and clearly. I matic offensive the Iraq Study Group have heard: Just wait. The troop surge don’t blame the people of Maine or spoke to. But that has been ignored as isn’t going to wait. The Iraqi war across this country for their deep-seat- well. I know the administration has doesn’t take a recess. Our men and ed frustration. They are right. There had a number of strategies in Iraq. women aren’t taking a recess. Why was too much partisanship and too They had the national strategy for vic- can’t we debate now and vote on these much polarization. tory that was also 15 months old, that issues? Are we saying we are simply What we need now is leadership. We represented all the issues Senator WAR- not capable of talking? need leadership for this country. They NER has embraced in his resolution, to That is what the Senate is all about. are thirsting for a strong leadership, an which they only paid lip service, re- It is based on consensus. It is based on honorable leadership that leads us to a grettably. compromise. It is based on concilia- common goal. No one expected una- So we are here today. We want to tion. It is based on the fact that you nimity in the Senate but we would give give voice to the concerns of the Amer- have to develop cooperation in order to integrity to this process to allow it to ican people who want us to move in a get anything done. It is not unusual. If work and not cynically say who is win- different direction, not to commit ad- historically we took the position: You ning and who is losing today politi- ditional troops at a time in which we missed your chance because there are cally, so we have 30-second ads that have a government in Iraq that hasn’t disparate views, so that there would be will be run by outside groups or we are demonstrated a measurable commit- no opportunity to further discuss or seeing them now. We are not shedding ment to controlling the sectarian vio- negotiate—we missed our chance? Are the political past. We have made a po- lence and make the political changes we talking about scoring political litical U-turn. We are returning to it. within its Government that dem- points? Are we talking about what is This isn’t about party labels. This onstrate a good-faith effort—whether it the best policy for this country with isn’t whether it is good for Republicans is the oil revenue-sharing distribution respect to Iraq at a time when men and or good for Democrats. It is what is money, the provincial elections and, as women are on the front lines; at a time good for America. It is not about red I said, the demobilization of the mili- when the President is proposing a States and blue States. It is about the tias; in fact, impeding our efforts to troop surge which I and others joined red, white, and blue. capture people who were responsible with Senator WARNER because we op- I am dismayed we are the second for some of the genocide and the war- pose that; at a time in which we are al- month into a new Congress, after the fare. But here we are. most a year to the anniversary of the American people resoundingly repudi- I hope we can find a way. What could bombing of the Golden Mosque in ated the politics of the past, the par- be of higher priority than to be able to Samarra? tisanship and polarization, creating a debate and to vote on our respective In fact, Senator WARNER and I paid a poisonous environment. They repudi- positions, to give a vote on the Warner visit just days after that, the first con- ated all of that. Here we are, back to resolution that is so important that a gressional delegation, and we saw all the same old approach. Instead of giv- majority of Senators support? I know the manifestations of what exists ing confidence to the American people we can build the threshold for the 60. It today in the most pronounced way. that we will speak, we are their voice, is imperative we do it. It is inexcus- And we are saying we can’t get it done we give voice to their fears and to their able, frankly, that on the process for in the Senate. Is this about scoring po- hopes, to their concerns that they debating, we cannot reach an agree- litical points? I read every day: Who is rightfully have because we are not ment. We are failing the American peo- winning politically? Because that is making the kind of progress, we are ple on a colossal scale. We are held up what it is about. It is about winning moving in a different direction on Iraq by arcane procedural measures that politically on a policy with respect to that obviously has been exemplified by could be worked out, if only we reached Iraq where we have been mired for 4 the continuing and ongoing sectarian across the political aisle. years with a strategy that hasn’t been warfare. Mr. WARNER. Mr. President, I thank working. And we are saying, who is Fifteen months ago when Senator our distinguished colleague from winning politically? Isn’t it about Iraq? WARNER came to the Senate and of- Maine. Isn’t it about our men and women? fered a resolution, 2006 was going to be The PRESIDING OFFICER. The Sen- Isn’t it about what is in the best inter- the year of transition to Iraqi sov- ator’s 60 minutes has been expired. ests for this country? ereignty. It was 2006 when we would Mr. WARNER. I ask for 2 minutes. We have given so much. Our men and turn over all the security to the Iraqi The PRESIDING OFFICER. Without women have sacrificed immeasurably. security forces. But 2006 has come and objection, it is so ordered. As Senator COLLINS indicated, we lost gone. We haven’t made any measurable Mr. WARNER. I thank the Senator another from Maine this weekend, SGT progress. from Maine. The Senator mentioned Eric Ross, 26. These men and women As I said, when I was there a year the bipartisan spirit. I am very pleased have put themselves on the frontlines. ago, we saw the manifestations of the to state that Senator LEVIN, whom I Yet we sit and hesitate to talk about sectarian warfare, a vacuum had been spoke with this afternoon, Senator BEN what is in their best interests. Some created politically because no new cen- NELSON, who has been with us steadily say it is a nonbinding resolution that tral government had been created. on this, and Senator BIDEN allowed has no impact. I daresay, if it doesn’t That took months. We allowed that with very extensive enthusiasm to

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.036 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1831 have their names attached as cospon- largely in her home State of Arizona, Those are a few of the safety con- sors. but she also served as the Federal sequences if we fail to pass the bipar- I thank my colleagues who have Highway Administrator. tisan joint funding resolution in the come over and participated in this de- Secretary Peters told us last week, in next several days. The failure to pass bate and others who have listened. I very clear terms, how safety would be H.J. Res. 20 will also have a painful im- thank the distinguished Senator, my affected if we failed to pass this joint pact on housing for hundreds of thou- good friend from Nebraska, for working funding resolution. I share her exact sands of Americans. In this bipartisan so hard on this amendment. We will words from a few days ago. Secretary bill, we worked very hard to make sure fight on. Peters told the Senate: vulnerable families would not be We may be idealists, but we will fight [I]f we were funded at the ’06 levels . . . it thrown on the streets or face out-of- on for what we believe in and the integ- would have drastic consequences, not only at reach rent increases. rity of this institution because we the FAA, but as you mentioned with our We provided some critical support for firmly believe, to the extent we can, other safety programs, such as our rail safe- section 8, homeless assistance grants, forging a bipartisan consensus is the ty programs, our truck inspection programs housing equity conversion loans, HOPE and of course the air traffic controllers and extent to which we can hopefully re- inspectors at maintenance facilities for the VI, and the Public Housing Operating gain the full confidence of the Amer- aviation community. Fund. For Section 8 project-based assist- ican people on what we are doing in The Bush administration’s Transpor- ance, this spending resolution we will Iraq. tation Secretary is warning of drastic I agree with the President, we should be considering this week provides an consequences if we fail to pass this con- not let it slip into a chaotic situation, increase of $939 million over last year’s tinuing resolution. I am here tonight but we do have some different con- fiscal year 2006 level. It provides $300 to talk about some of those con- structive thoughts as to our strategy million over the President’s 2007 budg- sequences. I asked Secretary Peters ahead. et request. This is essential, I want my what it would mean for safety and I yield the floor. colleagues to know, to preserve afford- what it would mean for hiring if Con- The PRESIDING OFFICER. The Sen- able housing for 157,000 low-income gress doesn’t pass this joint funding ator from Washington. households. Without this increase, resolution. President Bush’s Secretary without us acting in the next several f of Transportation said: days, many of these low-income resi- CONTINUING RESOLUTION [W]e will see a serious decline in the num- dents are going to become homeless or Mrs. MURRAY. Mr. President, I come ber of safety inspectors: Truck safety inspectors, rail safety inspectors, aviation inspec- be displaced or face unaffordable rent to the Senate to talk about my strong tors across the broad range in our program. increases. support of the House Joint Resolution That is directly from the President’s For section 8 tenant-based assist- 20 that is the joint funding resolution Transportation Secretary. ance, this spending resolution provides for the current fiscal year we are con- I don’t think any Senator wants to be an increase of $502 million, equal to the sidering this week. responsible for voting for a serious de- President’s 2007 budget request, to con- I am very concerned because we are cline in the number of truck safety in- tinue to renew expiring vouchers. fast approaching the wire on getting spectors, rail safety inspectors or avia- Without this increase, without us act- this important resolution passed. If we tion space. I don’t think Members want ing in the next several days, more than don’t pass this bipartisan bill, the safe- to explain to our constituents we voted 70,000 housing vouchers are going to be ty of American citizens could be put in to undermine their safety as they trav- lost. That means residents may become danger. If this bill is not passed this el by car, train or plane. Let me be homeless or displaced or forced into week, our air traffic controllers will be clear: No one can say Members didn’t overcrowded housing. furloughed. Our air safety inspectors know how your vote would hurt a State For homeless assistance grants, this will be furloughed. It we don’t pass this because we have very clear warnings funding resolution we are considering bipartisan bill in the next several days, from the Transportation Secretary her- provides an increase of $115 million to we are going to see a decline in our self. meet expiring contracts for homeless ability to provide railroad inspections, The first reason we need to pass this individuals and their families. Without pipeline safety inspections, and truck joint funding resolution is to keep our this increase, without us acting in the safety inspections. critical safety inspectors on the job, next several days, as many as 11,500 As chair of the Subcommittee on protecting the American people, as units will not be renewed—not be re- Transportation and Housing on Appro- they are doing today. We also need to newed—forcing these homeless individ- priations, I am very concerned. I am pass a joint funding resolution because, uals and families back onto the street. here to talk about some of the con- without it, States will not be able to The joint resolution also helps thou- sequences if we don’t get our work address their most pressing highway, sands of seniors to stay in their homes done on the CR this week. We are going bridge, and road problems. In fact, Sec- because it supports the housing equity to be feeling the consequences in the retary Peters also warned us that some conversion loans. Currently, 90 percent area of housing. If we don’t pass this States could miss an entire construc- of all reverse mortgages for the elderly bill, hundreds of thousands of Ameri- tion season if Congress does not enact fall under this guarantee program. cans are going to face a housing crisis. this bill. Without this language, this popular Mr. President, 157,000 low-income She said that State transportation program will shut down, and it will people could lose their housing if we commissioners need to know how hurt the ability of thousands of elderly don’t get this bill passed in the next money will be available to them this individuals and couples to remain in several days; 70,000 could lose their year. So she said to us last week at the their homes and pay for critical living housing vouchers; 11,500 units that are hearing: expenses. housing the homeless could be lost. The joint resolution we are consid- It is especially important to those states Those are some of the consequences who have a construction season that will be ering this week also extends the au- Americans will face under my jurisdic- upon us very, very shortly and if they are thorization for the HOPE VI Program, tion if this Congress fails to pass the not able to know that this funding is coming which is helping us across the country joint funding resolution in the next few and be able to let contracts, accordingly, we knock down the most deteriorated pub- days. could easily miss an entire construction sea- lic housing units and replace them But don’t take my word for it. Last son. with new, safe housing units for fami- Thursday, I held a hearing with Presi- That is what this joint funding reso- lies. If this funding resolution is not dent Bush’s very able Secretary of lution is about. Let me be very clear. adopted this week, not a single dollar Transportation, Mary Peters. Sec- Your constituents, my constituents, all will go out for this popular program for retary Peters is not a newcomer to of our constituents will feel the impact the rest of this year. transportation. She has spent her en- of our vote on roads that are not fixed Finally, this resolution will help tire career working to ensure safety or roads that remain clogged or con- housing authorities meet their soaring and execute infrastructure projects, gested or unsafe. expenses. This resolution supports the

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.038 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1832 CONGRESSIONAL RECORD — SENATE February 12, 2007 Public Housing Operating Fund. It pro- the needs of law enforcement, transpor- be required to put every air traffic con- vides an increase of $300 million over tation, housing—you name it. troller and every aviation inspector on the 2006 level to meet the tremendous The current continuing resolution the street for 2 weeks without pay be- shortfalls being faced by our public expires this Thursday, February 15. tween now and the end of September. housing authorities when it comes to The time has now come for us in this The joint funding resolution before meeting things such as increased en- Congress to finally stand up to our re- us this week also boosts funding for ergy costs and providing necessary se- sponsibility and implement a spending Amtrak to $1.3 billion. Operating under curity to help them prevent crime. Re- bill that will meet the needs of the the current continuing resolution, Am- cently, more than 700 public housing American people. And that bill will be trak’s funding would remain $200 mil- authorities have announced layoffs. in front of us this week. It is H.J. Res. lion lower than it was last year. If we According to HUD, without this in- 20. That bill passed the House of Rep- do not pass this funding resolution crease—without this resolution—public resentatives by more than a 2-to-1 mar- which is before us, we will endanger housing authorities will receive only 76 gin. The time has now come for us in our passenger rail service across the percent of their true operating needs in the Senate to finally fulfill our respon- country, as well as the annual mainte- this fiscal year. So the consequences sibility. nance expenses that must be made to will be severe for very vulnerable fami- H.J. Res. 20 was developed by both ensure safe operations in the Northeast lies if this Congress fails to pass the the House and the Senate Appropria- corridor. joint funding resolution by this Thurs- tions Committees on a bipartisan basis. Finally, the bill pending before the day. The joint funding resolution, for the Mr. President, I want to step back for most part, freezes programs across the Senate provides an additional $3.75 bil- a minute and share how we developed Government at their 2006 funding level. lion in formula funding for our Na- this bipartisan bill we are considering Importantly, however, the bill also tion’s highway and transit systems. and how we worked to make sure those makes necessary funding adjustments That funding will serve to create al- critical needs are met. to deal with critical programs that most 160,000 new jobs while alleviating Today, every agency in the Federal cannot and should not endure a funding congestion. It is an important infusion Government, with the exception of the freeze. of cash to our States to help them ad- Departments of Defense and Homeland In the case of the Transportation De- dress their most pressing bridge re- Security, are operating under what is partment, we were not about to ignore placements, highway widenings, and called a continuing resolution. That our responsibility to ensure safety in safety enhancements. When you look freezes almost every Federal program our skies or on our highways or on our at all the highway needs across just my at last year’s level. If a program is not railways. This bill provides funding in- home State of Washington, that addi- frozen at last year’s level, it is oper- creases totaling more than a quarter tional $71 million our State will re- ating at a level consistent with the billion dollars to ensure there are ade- ceive is urgently needed and will be put cuts that were adopted by the House of quate numbers of personnel to control to work right away. Representatives last year. So at air traffic—control air traffic, critical Mr. President, I ask unanimous con- present, almost all of our Federal agen- to all of the American flying public. It sent that a table provided to me by the cies are operating under a funding for- also provides funds to make sure we in- Federal Highway Administration that mula that makes no accommodations spect and enforce safety rules gov- displays the highway funding increases for the true needs of our agencies or erning our commercial airliners, that will be enjoyed by each and every the true needs of the American people. trucks, railroads, and pipelines. With- State be printed in the RECORD. What that means is we are not address- out this additional funding—if we do There being no objection, the mate- ing critical education needs, health not pass the CR this week—the FAA rial was ordered to be printed in the care needs, the needs of our veterans, Administrator told us that she would RECORD, as follows: U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION COMPARISON OF ACTUAL FY 2006 OBLIGATION LIMITATION AND ESTIMATED FY 2007 OBLIGATION LIMITATION INCLUDING REVENUE ALIGNED BUDGET AUTHORITY (Including takedowns for NHTSA Operations and Research)

ACTUAL FY 2006 ESTIMATED STATE OBLIGATION FY 2007 DELTA LIMITATION

ALABAMA ...... 535,056,170 600,869,788 65,813,618 ALASKA ...... 228,288,252 270,731,918 42,443,666 ARIZONA ...... 499,506,758 593,277,405 93,770,647 ARKANSAS ...... 330,837,555 381,949,909 51,112,354 CALIFORNIA ...... 2,381,267,388 2,680,526,468 299,259,080 COLORADO ...... 338,198,419 400,663,892 62,465,473 CONNECTICUT ...... 376,937,736 402,325,874 25,388,138 DELAWARE ...... 104,178,113 121,131,724 16,953,611 DISTRICT OF COLUMBIA ...... 112,407,878 123,804,359 11,396,481 FLORIDA ...... 1,289,559,918 1,544,927,499 255,367,581 GEORGIA ...... 940,654,903 1,067,010,791 126,355,888 HAWAII ...... 120,644,520 127,596,268 6,951,748 IDAHO ...... 197,536,278 222,829,360 25,293,082 ILLINOIS ...... 898,006,320 1,010,811,302 112,804,982 INDIANA ...... 661,150,145 775,353,318 114,203,173 IOWA ...... 288,499,793 330,589,700 42,089,907 KANSAS ...... 292,376,091 309,772,956 17,396,865 KENTUCKY ...... 460,544,276 520,949,132 60,404,856 LOUISIANA ...... 404,683,450 474,862,364 70,178,914 MAINE ...... 128,192,073 136,355,671 8,163,598 MARYLAND ...... 418,246,584 490,032,577 71,785,993 MASSACHUSETTS ...... 466,003,994 501,926,732 35,922,738 MICHIGAN ...... 828,533,266 909,761,902 81,228,636 MINNESOTA ...... 425,664,013 485,442,279 59,778,266 MISSISSIPPI ...... 310,973,491 367,059,847 56,086,356 MISSOURI ...... 618,465,606 711,268,494 92,802,888 MONTANA ...... 255,215,718 287,386,573 32,170,855 NEBRASKA ...... 197,252,237 223,867,736 26,615,499 NEVADA ...... 172,076,917 210,350,302 38,273,385 NEW HAMPSHIRE ...... 130,407,725 137,769,576 7,361,851 NEW JERSEY ...... 695,744,922 822,265,394 126,520,472 NEW MEXICO ...... 250,952,902 290,194,749 39,241,847 NEW YORK ...... 1,292,715,319 1,366,155,757 73,440,438 NORTH CAROLINA ...... 755,312,308 872,183,722 116,871,414 NORTH DAKOTA ...... 166,994,190 189,098,718 22,104,528 OHIO ...... 951,965,833 1,109,710,100 157,744,267 OKLAHOMA ...... 413,931,430 459,904,524 45,973,094 OREGON ...... 299,292,210 347,410,836 48,118,626 PENNSYLVANIA ...... 1,287,067,418 1,357,719,130 70,651,712 RHODE ISLAND ...... 134,484,666 154,154,462 19,669,796 SOUTH CAROLINA ...... 424,589,865 511,384,433 86,794,568

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.043 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1833 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION—Continued COMPARISON OF ACTUAL FY 2006 OBLIGATION LIMITATION AND ESTIMATED FY 2007 OBLIGATION LIMITATION INCLUDING REVENUE ALIGNED BUDGET AUTHORITY (Including takedowns for NHTSA Operations and Research)

ACTUAL FY 2006 ESTIMATED STATE OBLIGATION FY 2007 DELTA LIMITATION

SOUTH DAKOTA ...... 174,696,675 202,845,805 28,149,130 TENNESSEE ...... 572,103,666 672,761,834 100,658,168 TEXAS ...... 2,183,334,526 2,574,558,747 391,224,221 UTAH ...... 190,146,092 220,645,255 30,499,163 VERMONT ...... 115,678,528 129,379,891 13,701,363 VIRGINIA ...... 697,407,933 830,852,486 133,444,553 WASHINGTON ...... 448,545,807 519,595,013 71,049,206 WEST VIRGINIA ...... 285,867,458 325,592,845 39,725,387 WISCONSIN ...... 520,781,728 586,036,437 65,254,709 WYOMING ...... 174,357,693 207,256,184 32,898,491 SUBTOTAL ...... 26,447,336,756 30,170,912,038 3,723,575,282 ALLOCATED PROGRAMS ...... 9,103,451,278 8,794,320,215 ¥309,131,063 TOTAL ...... 35,550,788,034 38,965,232,253 3,414,444,219 AMOUNTS INCLUDE FORMULA LIMITATION, SPECIAL LIMITATION FOR EQUITY BONUS AND APPALACHIA DEVELOPMENT HIGHWAY SYSTEM. AMOUNTS EXCLUDE EXEMPT EQUITY BONUS AND EMERGENCY RELIEF. ALLOCATED PROGRAMS AMOUNT REFLECT NHTSA TRANSFER OF $121M.

Mrs. MURRAY. I understand some of Madam President, I ask unanimous This act has helped strengthen our our colleagues have apparently sug- consent that whatever time I had be energy security, stimulate our econ- gested we should not adopt this new extended, if necessary, to 15 minutes. omy, create American jobs, and diver- joint funding resolution. Instead, they The PRESIDING OFFICER. Is there sify our Nation’s fuel supply. Simply have advocated we simply just extend objection? put, since the passage of the Energy the current existing CR for the remain- Without objection, it is so ordered. bill, America is on the move. We are der of this year. Well, they are saying f starting up a renewable fuels industry we should forgo these desperately need- ENERGY POLICY ACT OF 2005 in America through the first ever reed funds for our highways and transit. newable fuels standard and a produc- They are saying we should allow the Mr. DOMENICI. Madam President, I tion tax credit. These policies have FAA to furlough all its safety per- rise to speak about the great success of helped create approximately 160,000 sonnel for 2 weeks. They are saying we the Energy Policy Act of 2005. I recall American jobs across almost all sectors should allow our aviation, truck, rail- when we passed the bill, you, Madam of our Nation’s economy. President, and everyone else were, in road, and pipeline inspection workforce In the last 18 months, 73 new ethanol the well, very happy and joyous that to dwindle. plants have broken ground, spurring us we passed—after 15 or 20 years without If we want to keep our air traffic con- to exceed the biofuel mandate for 2006 one—a major energy bill. And then, trollers on the job, we have to pass this by at least 800 million gallons. As a re- right away, the next year, people want- bill. If we want to keep our air safety sult of the Energy bill, 759 E85 ethanol ed another energy bill. Now, this year, inspectors on the job, we need to pass pumps have been installed around the they want another one. this bill. If we want to keep highway, country. Today, there are over 6 mil- I would like to tell the Senate why pipeline, and truck inspections on lion alternative-fuel vehicles on the the bill we have is doing so much good track, we need to pass this bill. If we road. and how and why there is still room to want to help our States address their I stand here today to tell you that most urgent bridge, road, and highway try to implement it and, in doing that, to do it a lot more without a new bill. even more can be done. I am pleased problems, we have to pass this bill. And President Bush and my colleagues on if we want to keep our vulnerable fami- We need a bill to cover some things we did not cover, but I would like to end both sides of the aisle have committed lies from losing their housing, we have to an even stronger, more robust to pass this bill. this, with people understanding this bill provides many things we have not biofuels policy. The President spoke of The consequences are very high. That it. We are all interested in enforcing it is why I came to the floor this evening, done and many things that have been very successful. and seeing it is done in the biomass to outline to my colleagues, under just area. We will work together on this im- my jurisdiction, on the transportation First, I urge policy makers in the administration and Congress to commit portant energy issue. Chairman BINGA- and housing bill, how important this MAN of the Energy Committee and I, as joint funding resolution is and to urge themselves to investing time, energy, and economic resources to fully imple- ranking member, will build on our En- my colleagues to help us move it ergy bill success. through this week by the Thursday ment this important act. We must achieve all we envisioned in passing Because of the Energy Policy Act, we deadline. are making significant breakthroughs I yield the floor. this comprehensive energy policy. The PRESIDING OFFICER (Ms. This past week marked the 18-month in coal—America’s most abundant and affordable energy resource. Because of STABENOW). The Senator from New anniversary of the enactment of the Mexico. Energy Policy Act. I rise today to the clean coal provisions in the legisla- Mr. DOMENICI. Madam President, speak about the gains we have made in tion, there are 159 new coal-based fa- am I correct, I was scheduled to speak strengthening our Nation’s energy se- cilities in various planning stages. next? curity and the even greater promise Over the next 5 years, the United The PRESIDING OFFICER. That is that lies ahead. States will add an estimated 60,000 coal correct. Under the previous order, a On August 8, 2005, the President of miners to the American workforce. The Republican Senator, the Senator from the United States signed the Energy Energy bill will accelerate the develop- New Mexico, is now recognized for 10 Policy Act of 2005 in my home State of ment of a new generation of clean coal minutes. New Mexico. This legislation is the cat- technologies. Because of title XIII of Mr. DOMENICI. Madam President, I alyst of our Nation’s nuclear renais- the Energy bill, the administration has want to ask, does the Senator want to sance and the driving force behind new appropriately and recently announced speak for a short time? investments in clean coal technology. that it would award $1 billion in tax Mrs. MCCASKILL. Go ahead. Passage of the Energy bill also marks credits for clean coal projects such as Mr. DOMENICI. The Senator does not the genesis of a secure American elec- IGCC projects for electricity genera- mind listening. I thank her so much. I tricity grid and the transformation of tion, gasification projects, and other would have yielded, if she had a short an agricultural enterprise into an en- projects using innovative technologies. speech. ergy industry. With $650 million in tax credits to

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.004 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1834 CONGRESSIONAL RECORD — SENATE February 12, 2007 come next year, we are providing in- the Federal Energy Regulatory Com- facing incredible problems that are centives for the American people to mission with the tools necessary to en- very difficult, and we want the Amer- make better choices about the kind of sure the safe operation and reliability ican people to support us and believe in energy we will use. And because of the of our Nation’s liquid natural gas as- us. We cannot expect them to join us in Energy bill, those choices will be clean sets. Since the passage of the Energy a fight against these complex problems energy choices. bill in August of 2005, FERC has ap- if we aren’t going to begin the process Today, 50 percent of our Nation’s proved seven new LNG terminals or by being honest with them. We cannot electricity comes from coal, and the terminal expansions. Working with pri- expect them to support what we do if EIA estimates that by 2025, 54 percent vate sector operators, FERC has we are not willing to tell them the of electricity consumed will be gen- brought on line the capacity equivalent complete and unvarnished truth about erated from coal. In China, they are of 1.34 billion cubic feet per day of nat- the situation we face in America today building a coal-fired powerplant every ural gas, with the potential to increase in terms of our budget. 10 days. Let it be our mission to invest that to 13.3 billion cubic feet per day. The President claims with a straight both the human and capital resources We must continue to look for ways do- face that this budget will eliminate the to the goal of zero-emission, coal-based mestically to find additional supplies deficit by 2012. In fact, the President power generation. of natural gas, as we did last year with claims it will create a surplus in 2012. Having made the statement about the passage of the Gulf of Mexico En- That sounds great. The problem is, it is China, let me hope that we will find a ergy Security Act of 2006. not true. The numbers do not add up. way to negotiate with China so that In passing the Energy Policy Act, we First, he fails to include the full cost of they, too, will begin to be concerned substantially advanced renewable the war in Iraq. In this budget, it says about what they are generating and sources of energy in America. By the the war will only cost $50 billion in begin some mutual programs of re- end of 2007, 2 million American homes 2009. Keep in mind that in this budget straint. Wouldn’t that be good news for will be powered by wind as we bring on cycle, we will spend over $240 billion on the world? Let us dedicate ourselves to line 6,000 megawatts of new wind power the war in Iraq. The confusing part to choosing a free-market, incentive ap- this year, part of the $4.5 billion in me about the $50 billion is that it is a proach rather than a punitive, regu- wind power investments spurred by the mystery. Why is this $50 billion a mys- latory approach to solving this global Energy bill. As a result of the wind tery? It is a mystery because no one problem. power brought on line, we will displace seems to know where the figure came On nuclear energy, what did we do? 11 billion pounds of carbon dioxide an- from. In advancing nuclear power, Congress nually. As a member of the Armed Services affirmed sound science and technology And there is so much more that we Committee, I had the opportunity to and rejected irrational fear. By doing did. We promoted a modernized elec- listen, as the Secretary of Defense and this, we strengthened the nuclear ren- tricity grid, invested in solar energy, Chairman of the Joint Chiefs of Staff, aissance in America. We provided Fed- tax provisions that helped add almost and even the Comptroller for the De- eral risk insurance for the first six nu- 340,000 hybrid vehicles, and the list partment of Defense were asked the clear reactors, production tax credits, goes on. I continue to look for more to question: Where did the $50 billion fig- and loan guarantees, and we renewed be done. In this Congress, we all will ure come from? They did not know. If the Price-Anderson Act. All these ini- focus our efforts on convincing col- the leadership of our military and the tiatives and more provided evidence of leagues and the American people that highest ranking financial official in our renewed support for clean nuclear the solutions to our energy and envi- the Department of Defense do not power. ronmental challenges lie in the genius know where a figure in the budget Until the passage of the Energy bill of the American people. I will not sup- came from for our war effort, what port energy policies that burden the 18 months ago, the world was passing does that tell you about the integrity people with higher energy costs and us by on nuclear power. The renais- of the document? If that figure came undue regulations. I oppose the cre- sance was fading. Then Congress acted. from somewhere other than the leaders ation of additional unmanageable bu- Since that time, as many as 32 new nu- of the military, we have a problem. clear reactors are in the planning reaucracy with its potential for puni- The President also conveniently left stages. These nuclear plants would pro- tive and burdensome regulations that out the long-term cost of alternative vide enough electricity to power 29 harm the American worker. We will minimum tax relief for the middle meet the challenge of providing clean, million homes. If these plants come class, which the administration knows affordable, and abundant energy sup- into fruition, they will displace 270 we all support. The AMT was never de- plies in this Nation by facilitating and million metric tons of carbon dioxide signed to reach down into the middle unlocking the ingenuity of the Amer- each year. class, as it does and will continue to do ican people with more capital invest- Consider this: When all of those in an ever-increasing way, to cause ment, more loans guaranteed for people plants are operating for 5 years, it is even more stress and pressure on a with new ideas to build new things. estimated that they will have displaced middle class that believes it is under That is what we did in the Energy Pol- the same amount of carbon emissions attack from all sides. Furthermore, icy Act of 2005, and that is what we will that the 230 million cars on the road in this budget assumes deep cuts in edu- continue to do, hopefully. America today produce each year. I yield the floor. cation and health care, cuts that the This is what is at stake as we imple- The PRESIDING OFFICER. The Sen- administration knows are not realistic. ment the various provisions of the En- ator from Missouri is recognized. Finally, it hides the long-term cost ergy Policy Act of 2005. We must do of the President’s ill-advised program more to solve our growing nuclear f to privatize Social Security. This budg- waste problem, and we must do more to THE BUDGET et is a gimmick. It is the kind of gim- show Americans what the rest of the Mrs. MCCASKILL. Madam President, mick that the American people have world already knows: nuclear power is over the past week, I have taken a good grown very tired of. If proper budgeting the largest source of clean, carbon-free look at the President’s budget submis- procedures were followed, the Federal energy in the world. Advancing nuclear sion. I am new around here, and I will Government would still be hundreds of power is essential for our economic admit that the Federal budget is very billions of dollars in the red by 2012. strength and environmental well-being. complex. But as somebody who has If it is not bad enough that this budg- While we do it, we will not be able to spent the last years of my life as an et is not honest with the American stop using other kinds of energy. So auditor, I have come to one inescapable people as to what its implications are, the coal people need not worry. They conclusion about the budget that has it is even worse when you look at the will be used, too, because this great been presented to this Congress for priorities. First, let’s talk about the land needs both and more. consideration. First, it is not honest; tax cuts in the President’s budget. It With the passage of the Energy Pol- second, it has the wrong priorities. preserves billions of dollars in oil sub- icy Act, we helped to stabilize long- This budget reflects part of the prob- sidies, despite the fact that, once term prices of natural gas by providing lem we have; that is, our country is again, we just heard that one of the big

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I am talking about for million- to see a doctor, and waiting in long CHAMBLISS has proposed, and what I am aires, $73 billion. Maybe you think that lines. This budget is an opportunity to advocating, is an amendment we want is not so bad, $73 billion for million- quit talking the talk and begin to walk to propose to the CR which would take aires, until you realize the rest of the the walk when it comes to the men and that amount of surplus SCHIP money story that is contained in this budget. women who have put their lives on the in States with more than 200 percent of In this budget, the President wants line for our flag and for the country we their estimated need—take that our veterans to spend as much as $15 love. amount above 200 percent and put it billion more for the health care they There are not very many veterans into a pool and reallocate it to those have been promised. According to coming home from Iraq who are having States that are falling short, so that McClatchy newspapers, this figure sleepless nights, worrying about the es- through this fiscal year every child in could be as high as $15 billion. It is at tate tax on their $10 million estates. America who has been promised chil- least $5 billion for additional enroll- There are not very many veterans com- dren’s health insurance can in fact get it. ment fees in health care and additional ing home from Iraq who are worried It doesn’t penalize any State that has pharmaceutical costs. Our veterans are about their capital gains tax on a mul- a surplus because that is money they being given a tax increase. They say it timillion dollar piece of property or have not and will not use. It doesn’t is not a tax increase; it is a revenue en- their stock portfolio. But there are vet- benefit any State who has abused the hancement. This budget is filled with erans coming home from Iraq who are system. It is just that we have a num- revenue enhancements, also known as having sleepless nights about their ber of States that have grown rapidly user fees, also known as tax increases. health care, about their children’s in their numbers. In Georgia alone, in So we have a tax cut in this budget for health care, about their children’s edu- the aftermath of Hurricane Katrina, we the millionaires, and we have taxes cation, and about their retirement se- added 43,000 children immediately into being raised on our veterans. We also curity. our State’s population, most all of have $37.8 billion over 10 years for sen- This budget does not reflect that we whom remain today. iors to increase their Medicare pre- care about those veterans and their I know the CR amendment tree has miums. Tax cuts for the millionaires; sleepless nights. Let’s make the phrase been filled as of now. The distinguished tax increases for our veterans and sen- ‘‘support the troops’’ mean something majority leader has filled the tree, so iors. other than trying to jockey for posi- there will be no room for amendments Besides the seniors and veterans, who tion in a political game of hardball. to the continuing resolution. I intend else will pay? Our children will pay Let’s get our priorities straight. Let’s to vote tomorrow for cloture to allow through cuts in the health insurance fix this deeply flawed budget for the us to complete this resolution and con- program for children. There may be a American people, and let’s begin by tinue appropriations for this year. I little more money in this budget, but being honest about the budget. hope the distinguished majority leader there is not enough money to cover the The PRESIDING OFFICER. The Sen- will think about the value of saving children who currently are covered ator from Oregon is recognized. the SCHIP program this year. under this program in the United f I ask unanimous consent to have States. Missouri is one of those States ORDER OF PROCEDURE printed in the RECORD a letter that was that has a shortfall in funding. If we do distributed by the majority leader and not fix the President’s budget, we will Mr. SMITH. Madam President, two of the Speaker, written to the President be taking care of the millionaires, and my colleagues came to the floor and of the United States, on February 2. tens of thousands of children will be re- asked that they be recognized. Out of There being no objection, the mate- moved from health care rolls in the courtesy to them, I ask unanimous rial was ordered to be printed in the State of Missouri. consent that Senator ISAKSON be given RECORD, as follows: The COPS Program is cut, law en- 5 minutes and Senator CHAMBLISS be CONGRESS OF THE UNITED STATES, forcement. College loan programs are given 5 minutes, and that the time I Washington, DC, February 2, 2007. cut. have reserved be retained. The PRESIDENT I have heard in the last couple of The PRESIDING OFFICER. Is there The White House, years in my life the phrase ‘‘support objection? Washington, DC. DEAR MR. PRESIDENT: We understand you our troops’’ as often as I have heard al- Without objection, it is so ordered. plan to submit a request for emergency sup- most the words ‘‘good morning.’’ I have The Senator from Georgia is recog- plemental appropriations soon, which news heard it in this room dozens of times in nized. reports indicate could exceed $100 billion. As the last few days, as people have ar- f you consider the emergency needs of our na- gued about the war in Iraq and said, tion, we respectfully request that you not SCHIP ‘‘You are not supporting our troops. forget the millions of low-income Americans You have to show that you support our Mr. ISAKSON. Madam President, I who are insured under the State Children’s rise to wholeheartedly endorse an Health Insurance Program (SCHIP). We ask troops.’’ that you submit a separate spending pro- This budget is the way we show amendment filed today prior to the 2:30 posal to cover shortfalls in SCHIP for Fiscal whether we support our troops. Sup- deadline, authored by Senator Year 2007 which have been estimated to be porting our troops is not a phrase for a CHAMBLISS and coauthored by myself. $745 million. Unless we act quickly to pro- political campaign. It is not something The amendment relates to SCHIP, vide additional funds to this important pro- to be bandied about to get political ad- State Children’s Health Insurance Pro- gram, we are putting the health coverage of vantage, over which resolution we are gram, and a crisis that exists right thousands of Americans in jeopardy. now, this minute, in 17 States in the As you know, over 46 million Americans voting on, or who looks better, the Re- are without health insurance. We can ill af- publicans or the Democrats. It should United States of America. ford to increase the rolls of the uninsured for be embodied in what we do as we decide As the occupant of the chair knows, failure to adequately fund a successful and the priorities for the money we spend SCHIP is a program where our most efficient insurance program such as SCHIP. on behalf of the American people. needy children are able to get health Yet we know that at least fourteen states In this budget, we have said to vet- insurance. It is a 71-percent Federal will face a shortfall of SCHIP funds within erans coming home—and that we are Medicaid match. But unlike Medicaid, months. The Governor of Georgia has writ- talking about veterans under the age of it is not an entitlement; it is an appro- ten to us stating that ‘‘It is vitally important to our most needy citizens that Con- 65—that they will have to pay more. priated amount annually that is de- gress act expeditiously.’’ That is being proposed at the same rived by a formula as the States get At the end of the last Congress, we were time we are walking around here right- their benefit. What has happened this successful in including a provision to avert a

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I appreciate that. program. is minor in comparison to your other emer- I say to my colleague from Georgia, Georgia’s Peachcare Program is pro- gency requests. he and I have worked on this issue so viding health insurance to the children SCHIP has become a vital part our safety closely together, and the authorship is of hardworking Americans. They are net, providing health care coverage to mil- a combination between the two of us. the kids of the mechanic who works on lions of Americans who otherwise would be He has been very generous with his your car at the local service station, uninsured. Including funds to address fully time on this issue and, most impor- the looming SCHIP shortfall would assure the woman who checks you out every that states can continue to provide this im- tantly, very generous with the thought week at the grocery store, or the portant coverage while we work to address process he always puts into the most teacher who is providing your children the longer-term success of the program. difficult issues we face up here. With- with the basic knowledge they will use Sincerely out Senator ISAKSON, we would not be throughout their life. SCHIP programs HARRY REID, where we are today on this amend- are for the men and women who make Senate Majority ment. too much money to receive Medicaid Leader. Today I wish to speak to a critical NANCY PELOSI, yet cannot afford to provide premium piece of legislation. It is my hope that insurance for their children at the level Speaker. this legislation will remedy a situation Mr. ISAKSON. Madam President, of care that they need. currently facing hundreds of thousands I read in the Atlanta Journal-Con- they made my case better than I make of hard-working families in Georgia it in this letter. Speaker NANCY PELOSI stitution recently about Sylvia Banks, who depend on the State Children’s a mother of 3 from Ringgold, GA, who and Majority Leader HARRY REID say Health Insurance Program—or what we we must fix the SCHIP program and is a parent that is concerned the know as SCHIP. Peachcare Program will soon run out suggested that the President add that In Georgia, some 273,000 previously of money. Her 13-year-old son, Ben- to the emergency supplemental on uninsured children are now receiving jamin, wears a $7,000 insulin pump, and Iraq, which we are going to take up in health insurance provided by our supplies for him are around $300 a April. State’s Peachcare Program. Georgia is month, paid for by Peachcare. In a re- The problem with that is, my State one of several States facing a projected cent news article, Ms. Banks, whose of Georgia runs out of SCHIP money at funding shortfall for fiscal year 2007. the end of this month—maybe, at the Last week, the Georgia Department husband is a minister, states, ‘‘We latest, at the end of March. We are hav- of Community Health that runs can’t do without the insurance. We are ing to cut off new enrollees now and Peachcare announced that it will stop taxpayers trying our best to earn an will soon send out the notices to 273,000 enrolling new children into the pro- honest living. We are not trying to children. There will be no money for gram effective March 11, 2007. suck up the government’s money. We the remainder of the year after March Senator ISAKSON, Congressman NA- see this as a benefit and blessing.’’ to meet the obligations of SCHIP. That THAN DEAL, and I have been working Peachcare, and other programs fund- will take place in States around the relentlessly with our Governor, the ed through SCHIP throughout the country, North, South, East and West. Centers for Medicare and Medicaid country, allow families to bridge the Think about it. If you have enough Services, Senator GRASSLEY, and the gap between Medicaid and high priced money here and everybody who had Finance and Budget Committees to premium insurance that many families that money allocated has used all they find a short-term solution for the chil- cannot afford. need, and you don’t have enough dren of Georgia who are dependent The importance of this program is money over here, it is a simple ac- upon this program. Unfortunately, to too vital to our country’s working counting measurement to fix that in this point there has been no resolution. class not to find a solution to this this interim time. Senator GRASSLEY Senator ISAKSON would like to intro- problem, and find a solution soon. and Senator BAUCUS have already com- duce an amendment today to the con- Mr. President, let me just briefly mitted, and Senators ROCKEFELLER and tinuing resolution that would redis- read some excerpts from a letter writ- REID—all of us on both sides have all tribute fiscal year 2005 and 2006 funds ten to President Bush from Majority said we have to fix the formula; we will from States that have an excess of Leader REID and Speaker NANCY get to it toward the end of the year. more than 200 percent in Federal PELOSI, who have echoed our senti- But we can fix it in the interim to see SCHIP funds to cover the shortfall for ments about this critical funding issue: to it that no child with health care States in need for the remainder of fis- As you consider the emergency needs of under SCHIP loses that before we make cal year 2007. our Nation, we respectfully request that you the permanent fix. Congress has already passed legisla- not forget the millions of low-income Ameri- I commend Senator CHAMBLISS, who tion in an attempt to continue to cover cans who are insured under the State Chil- is on the floor, on his leadership and children in States that are running out dren’s Health Insurance Program (SCHIP). this amendment. I ask the majority of funding for SCHIP. H.R. 6164, which We ask that you submit a separate spending leader to give close thought to this proposal to cover shortfalls in SCHIP for fis- became public law on January 15, 2007, cal year 2007 which have been estimated to issue that was referenced in his own required a redistribution of SCHIP be $745 million. Unless we act quickly to pro- letter of February 2. If there was one funds in an attempt to delay State vide additional funds to this important pro- amendment that could go on the con- shortfalls until May of 2007. The esti- gram, we are putting the health coverage of tinuing resolution and would receive mated remaining shortfall is approxi- thousands of Americans in jeopardy. unanimous support in the Congress and mately $750 million for 14 States. Ac- As you know, over 46 million Americans in the Senate, it is the amendment au- cording to recent estimates there is are without health insurance. We can ill af- thored by Senator CHAMBLISS and co- about $4 billion in unspent funds which ford to increase the rolls of the uninsured for sponsored by myself. I ask the leader- have accumulated in other States. failure to adequately fund a successful and efficient insurance program such as SCHIP. ship to seriously consider allowing an Hard-working Georgians who qualify Yet we know that at least fourteen States opening on the amendment tree so that for this program don’t need to wonder will face a shortfall of SCHIP funds within amendment can be passed and adopted, how they are going to pay for their months. The Governor of Georgia has writ- and children in Georgia and around the children’s health care. We must bridge ten to us stating that ‘‘it is vitally impor- country will end up having the health the gap so that these children can con- tant to our most needy citizens that Con- care that they have been promised and tinue to be insured, and I hope the gress act expeditiously.’’ that they deserve. Democratic leadership will allow this The letter goes on to say: I yield the floor. amendment to be considered. SCHIP has become a vital part of our safe- The PRESIDING OFFICER. The Sen- Time is running out on this funding ty net, providing health care coverage to ator from Georgia is recognized. issue for Georgia’s children and chil- millions of Americans who otherwise would

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It all happened so fast that Portland So again, we have introduced our late 1800s to communicate and travel great became known as ‘‘Stumptown.’’ Early residents logged the riverfront to create the new amendment today because Georgia’s distances faster, cheaper, and more efficiently than ever before. Nowhere was this town, not bothering to remove the stumps. children are waiting. This is about Instead, they simply painted them white, them—our children. They are our Na- transformation more profound than in the Pacific Northwest. hoping they could be seen in the dark. tion’s future—and their health care Prior to the completion of the trans- It didn’t take long for Oregonians, and needs must be met. The people in Geor- continental railroad in 1869, there were less East Coast financiers, to figure out that a gia want a solution to this problem. than 130,000 American settlers residing in all railroad from Portland to San Francisco Hard working Georgians and Ameri- of the Oregon country, including the Wash- could transform the Northwest economy, making a lot of money along the way, for its cans across the U.S. don’t need to won- ington and Idaho territories. Communica- tions were typically hand delivered docu- builders. der how they are going to pay for their By 1866, two rail lines had started south ments. To transport them across the coun- children’s health care. These are our from Portland, one on the west side of the try, they first had to be carried to Missouri, Willamette River, and the other on the east middle class citizens who work to find probably by riverboat or wagon, and then a solution and that is what we have side. Construction was very expensive. Nei- carted cross country to the Pacific Coast. ther line had the financial wherewithal to been doing and what we will continue Alternatively, they could be delivered by make much progress. Oregonians needed the boat from the Atlantic Coast, sailing around to do. deep pockets of Uncle Sam to help build the southern tip of South America, then up I urge the Democratic leadership to their railroad. allow consideration of this amendment, the Pacific Coast; or, as a third option, sail- The Union victory in the Civil War created and I urge my colleagues to support ing from the Atlantic coast to Central Amer- a spending spree in Congress. Taking advan- ica, crossing over the mountains to the Pa- this amendment. tage of this postwar exuberance, Oregon Sen- cific Ocean, loaded back on board ship, and ator George H. Williams persuaded Congress I yield the floor. sailing up the Coast. The PRESIDING OFFICER. The Sen- to authorize construction of a rail line from However it was done, the trip was lengthy, Portland to the California border. ator from Oregon is recognized. dangerous and expensive. Having the ability ‘‘The Oregon and California Land Grant f to ride a railroad from the Atlantic to the Act of 1866’’ provided that railroad construc- Pacific changed America dramatically and tion would be subsidized by a grant of 5 mil- CONTINUING RESOLUTION helped to stitch together a nation nearly lion acres of public land in alternating 640 Mr. SMITH. Madam President, the torn asunder by a horrific Civil War. acre sections extending like a checkerboard Eastern railroads connected to Omaha, for 10 miles on each side of the proposed rail role of the Federal Government is both where the route to the West began. The a protagonist and an antagonist of Or- line. Union Pacific route more or less followed the While the Act left it up to the Oregon Leg- egon, and what a desperate situation Oregon Trail west to Utah where it con- islature to decide who would build the rail- we are in. I say this because some have nected with the Central Pacific, ultimately road, it provided that the United States De- said to me that you cannot filibuster a reaching San Francisco. partment of the Interior, through its General continuing resolution, you will shut Building the railroad, itself, transformed Land Office, would sell the land to ‘‘actual down the Government. My point back the West. Congress enacted various ‘‘land settlers’’ in plots no bigger than 160 acres, at grant’’ programs, selling off vast amounts of a price no more than $2.50 per acre. The land is that whatever it takes, maybe in land in the West, to both bring settlers and getting the Federal Government to turned out to be some of the richest raise money, to help finance construction. timberland in the world. look over the abyss with me, it will un- Many of these new ‘‘sodbusters’’ were at- That kind of government largesse natu- derstand how many Oregon counties tracted west by the promise of cheap farm- rally brought out less than the best in busi- are feeling at this critical hour. land. They fenced and plowed the prairie to ness and political interests. It wasn’t long Senator WYDEN and I are one on this start their farms. The railroads, in turn, before the railroads were dominating the issue. He is working the majority now, hauled their crops to far away cities, in so state legislature. Since, at that time, legis- and I worked the majority in the 109th doing also transforming what Americans ate. latures still selected U.S. Senators, Sen. Wil- As rail construction moved westward, liams was soon replaced. Congress. He will find it frustrating crews and supplies were constantly moved Previously proving his worth to the rail- trying to get a focus on this issue that out to the end of the line, settling there roads as President of the Oregon State Sen- affects not just our State but so many until the next section of road was completed. ate, [Senator John Mitchell] would represent others, but ours is affected dispropor- These new towns were soon filled with a Oregon as U.S. Senator, off and on, for the tionately. ‘‘Wild West’’ brood of gunslingers, card- next 20 years. During his entire time in pub- The Federal Government owns 53 per- sharps, prostitutes, saloons and bordellos, lic office, Mitchell was also on the payroll, cent of Oregon and 57 percent of our gathered to separate the construction crews as legal counsel, to both the Northern Pa- from their wages. timberlands. As you know, local com- cific and the O&C Railroads. He was known As the line moved further along, the rail- to boast that what the railroads wanted, he munities cannot tax the Federal Gov- road also moved its supply stop. Some of the wanted. ernment. So the deal that was cut back older towns left behind survived, and a few Williams, suddenly retired as Oregon’s at the turn of the last century was even thrived, but most were abandoned. Senator, did not return directly to Oregon. that, in lieu of taxes, local commu- Residents wanting to move to the next stop Instead, he was appointed Attorney General nities would get 25 percent of timber were loaded onto railroad cars, along with by recently elected President Ulysses Grant. receipts and, with that, kids could go their buildings, including the saloons and He served in that capacity for six years bordellos, and hauled to the new end of the until an opening occurred as Chief Justice of to school, neighborhoods could be line, giving birth to the expression ‘‘Hell on the U.S. Supreme Court, and Grant nomi- safer, streets would be paved, and civ- wheels.’’ nated his Oregon friend for the job. ilizations would be built in these tim- Even with completion of the trans- Unfortunately for Williams, the national ber-dependent, isolated areas, and you continental railroad, the Pacific Northwest railroad scandals then rocking Congress, are talking about most of Oregon. remained largely isolated. Supplies and com- combined with increasing rumors of things So my call tonight is to lay out be- munications still needed to be packed in by not being quite what they should in Oregon, fore the American people the plight, wagon from the nearest rail line in Utah, or convinced the Senate not to confirm Wil- brought by land or ship north from San liams. He returned to Portland to practice the history, and the reason for my ar- Francisco. law, and ultimately was elected Mayor of the guing now on this bill and the next bill Rivers were the highways of the North- growing city. but, frankly, if the 110th Congress west, and Portland, located near the con- Even with the O&C land grants, railroad doesn’t solve this on the continuing fluence of the Columbia and Willamette Riv- promoters went broke several times before resolution, or on the emergency supple- ers, became the gateway. Millions of dollars construction was finally completed 20 years mental, the pink slips that have al- worth of gold and silver poured through later. By this time, the O&C Railroad was a ready gone out will turn red, and there Portland on its way to San Francisco from part of the Southern Pacific line. The driv- will be tremendous damage done to mines as far away as Montana and Idaho. ing of the mandatory ‘‘golden spike’’ near Settlers quickly learned that the thick for- Ashland, Oregon in 1887 linked Portland to rural Oregon, which is most of Oregon. ests of the Northwest could be logged, and San Francisco at last. So I pick up now, Madam President, much of the lumber, when shipped south to To help pay for the lengthy construction, where I was interrupted before by the California, created gold of its own. the federal government, through the Interior

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.008 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1838 CONGRESSIONAL RECORD — SENATE February 12, 2007 Department’s General Land Office, had been the O&C lands, and Oregon’s golden goose be $150 billion in stumpage value alone. selling off 160 acre parcels of the O&C lands was born. The Act created the Bureau of But in the early years of Oregon coun- to all comers, regardless of whether they Land Management in the Department of the try, timber was not a primary com- were ‘‘actual settlers’’, as the law required. Interior, out of the ashes of the old General ‘‘Doing a land office business’’ took on a Land Office, and directed the BLM to harvest modity, it was considered a nuisance rather dubious meaning in Oregon, as land timber off the O&C Lands, on a sustained and a detriment to agriculture. Trad- speculators hauled drunks out of saloons and yield basis, with an unprecedented 75 percent ing companies such as the Hudson’s sailors off ships, delivering them to the Gov- of the receipts from the timber sales being Bay Company harvested Oregon’s ernment Land Office to claim a piece of fed- returned to the O&C counties. wealth from its fur-bearing animals, eral land. The new ‘‘owners’’ then trans- At one of those White House visits, Roo- such as the beaver—the State animal ferred their deed to the speculators, some- sevelt, in anticipation of his run for a third of Oregon and the mascot of our land term in 1940, suggested McNary should be his times for as little as a bottle of whiskey, all grant college, Oregon State University. with the Land Office approval. Vice-Presidential running mate on a ‘‘Unity In the process more than 3 million acres Party’’ platform. McNary declined and was Go Beavs! But as time rolled on, the were fraudulently looted from Oregon’s pub- later nominated by the Republicans to run settlers of Oregon country sought a lic domain. as their Vice Presidential candidate with new source of wealth in the lush virgin Rumors of the O&C land fraud soon began corporate attorney Wendell Willkie at the forest all around them. Oregonians circulating in the nation’s capitol, but it head of the GOP ticket. made great strides into turning trees wasn’t until Teddy Roosevelt entered the With the post war building boom in the into 2 by 4s. The first power-driven 1950s, the O&C revenues were pumping hun- White House in 1901 that the federal govern- sawmill was built in 1836, 23 years be- ment responded. dreds of millions of dollars into Oregon’s Special investigators were sent by the cash starved rural counties, funding schools fore our statehood. The first commer- President to Oregon in 1903, where they were and other local projects. The golden goose cial production of Douglas fir plywood met with intense hostility from Oregon’s po- had become the touchstone of Oregon poli- was invented in St. John’s, OR, by the litical and business community. The railroad tics. Autzen family. That name is now fa- and logging interests attempted to stonewall Oregon’s Mark Hatfield championed the miliarly associated with the University O&C lands as governor, and used the issue to the investigators, but a series of damning ar- of Oregon football stadium. Go Ducks! ticles, published by crusading editor Harvey help get elected to the Senate in 1966. As he gained power on the Senate Appropriations The single most important invention Scott of the Portland Oregonian, finally ex- affecting logging was the chainsaw of posed the fraud. Committee, Hatfield became the guardian of The federal investigators soon returned Oregon’s unique golden goose. 1935. It was not invented in Oregon, but 1,032 indictments, including Senator Mitch- Madam President, that is a brief his- it was perfected in Oregon. In 1947, a ell, several Oregon Congressmen, U.S. Attor- tory of the O&C lands—one that will lumberjack named ‘‘Joseph Cox’’ in- ney’s, GLO officials, judges, mayors, lawyers become more consequential later in my vented chainsaw teeth. Joe was chop- and businessmen. When the cases went to statement, when I specifically discuss ping firewood one chilly autumn day in trial in 1905, they were pared down to 35 of county payments safety net. 1946, when he paused for a moment to the chief culprits, of whom 34 were con- The fundamental point I am trying examine the curious activity in a tree victed, including Senator Mitchel1. He died to make is that between the national stump. A timber beetle larva the size of at age 70 before being sent to prison. Just as completion of the railroad trans- forests and the O&C lands, the Federal a man’s forefinger was easily chewing formed the Northwest economy, the land Government holds 57 percent of Or- its way through sound timber, going scandal transformed its politics, creating a egon’s standing timber. Yet the Fed- both across and through the wood grain populist foundation which can still be felt. eral Government contributes less than at will. Led by political reform groups such as the 7 percent to the State’s total timber Joe was an experienced operator of farm-based Grange, the ‘‘Oregon System’’ harvest. This was not always the case. the gas-powered saws used in those was enacted by the Oregon Legislature, call- The history of my State, as well as days, but the cutting chain was the ing for the direct election of U.S. Senators, problem. It required a lot of filing and and public oversight of Legislative Acts. its current predicament, is closely tied Voters could decide public issues at the bal- to the harvest of timber, of ‘‘green maintenance time. He said: I spent sev- lot box, with measures to initiate laws (ini- gold.’’ Atop our State capitol in Salem eral months looking for nature’s an- tiative), repeal legislative acts (referendum), stands a 23-foot gold-gilded pioneer, an swer to the problem. I found it in the or even remove officeholders (recall). ax proudly in his hand. larva of the timber beetle. Within a decade the 17th Amendment to In 1909, the Oregon State Board of Joe knew if he could duplicate the the U.S. Constitution was adopted nation- Forestry described my State’s timber larva’s alternating C-shaped jaws in wide, requiring the direct election of all U.S. wealth as follows: steel, it might catch on. He went to Senators, and the initiative, referendum and Beyond question, the greatest national en- work in the basement shop of his Port- recall became the state standard for political dowment of Oregon is the unsurpassed reform. land, OR, home and came up with a After the spectacular trials of 1905, the fed- wealth stored up in the forests of the State. revolutionary new chain. The first Cox Oregon has approximately 300 billion feet eral government acted to take back the valu- Chipper Chain was produced and sold in of standing merchantable timber. This is not able O&C timberlands, now owned by the November 1947. The basic design of an idle guess, but it is the average of the es- Southern Pacific, but the Railroad fought timate of government officials, cruisers, and Joe’s original chain is still widely used back in court. The battle raged in the courts timber experts who have traversed the entire today and represents one of the biggest until 1915 when the Supreme Court ruled for State and made the matter a thorough influences in the history of timber har- the government. study. This is a much greater amount than is The following year, Congress set up an vesting. possessed by any other State in the Union ‘‘O&C’’ account, funded by timber sales off In 1907, there were 173 sawmills in Or- and is nearly one-sixth of the total amount the lands, to reimburse the Southern Pacific egon, but with new and improved of standing merchantable timber in the for the lands the federal government had chainsaws in the woods, came equally United States. It is noteworthy that this im- taken back, and to provide funds to the O&C impressive sawmills. C.A. Smith Lum- mense amount of timber is found on an area Counties where the lands were located. ber and Manufacturing Company built It wasn’t until the depression years that which is only 57 percent of the area of the State. The value of this body of timber is the Nation’s largest sawmill in Coos Oregon’s Senator Charles McNary turned the Bay. Coos Bay also became the largest O&C lands golden. Senator McNary had be- twofold; first, as a source of lumber supply; come the Republican Minority Leader of the second, as a factor in the maintenance of a lumber-exporting port in the world. Senate in 1933, at the beginning of President perpetual flow of water in the streams and The world’s largest pine lumber factory Franklin Roosevelt’s second term. rivers of the State, by retarding the melting was built by Weyerhaeuser in Klamath Over martini’s at the White House, the Re- of the snow and holding a continuous supply Falls, south of the Winema National publican Senator and the Democrat Presi- of moisture in the ground during the summer Forest. dent sorted out their differences and agreed months. Commercially, the value of the standing By 1929, there were 608 lumber mills, on significant legislation beneficial to the timber of Oregon, when manufactured into 5 paper mills, 64 planing mills, and 47 Northwest, including federal help for farm- lumber and sold at the rate of $12 per thou- furniture factories in Oregon. By 1947, ers, the creation of the Bonneville Power Ad- sand, would be $3.6 billion, a sum in excess of Oregon had 1,573 lumber mills turning ministration, the International Pacific the total amount of currency in the United Salmon Fisheries Act, and the O&C Lands out more than 7 million board feet. States at the present time. Sustained-Yield Act, all enacted by 1937. Timber also served as a national The new O&C Act transformed federal Amazing. At current lumber prices, strategic interest. The Federal Govern- funding for the 18 Oregon counties home to the value of this standing timber would ment built its own sawmill in Toledo,

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.011 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1839 OR, to harvest spruce trees for airplane Roosevelt dedicated the Bonneville (Mr. SANDERS assumed the Chair.) manufacturing during World War I. Dam on the mighty Columbia River. Mr. WYDEN. Mr. President, will the During World War II, Oregon had the Said he at the time: Senator yield for a question? unfortunate distinction of receiving The responsibility of the Federal Govern- Mr. SMITH. I will yield. the first mainland aerial bombing. On ment for the welfare of its citizens will not Mr. WYDEN. Through the Chair, I September 9, 1942, a Japanese pilot flew come from the top in the form of unplanned would like to pose a couple of questions over the Oregon coast, with the inten- hit or miss appropriations of money, but will to my colleague making an important tion of dropping a firebomb on the progress to the national capital from the speech. ground up, from the communities and coun- I have been attending a lot of town thick forest and causing a massive fire, ties and States which lie within each of the shocking Americans and diverting re- logical geographical areas. meetings across the State, and I know sources from fighting the war to fight- The timber industry built itself lit- my colleague is attending some as ing fire. Once over forested land, the erally from the ground up and is a liv- well. What is your sense of how dire pilot released the bomb, which struck ing legacy in Oregon to this day. Back the situation is at home? When I talk leaving a crater about 3 feet in diame- cuts and board feet, buckers and to people, you get the sense this is a ter and 1 foot deep. fellers, chokers and cruisers, skidders real lifeline, and I think it would be In 1944, Japan launched over 9,000 and slashers, springboards and spring helpful if you could lay out exactly firebomb balloons over the Pacific poles and widow-makers, these are that sense of urgency you are picking Ocean. Once again, the goal was to terms still heard in the woods, in up at home. start forest fires in Oregon and wreak smokey bars, and in Forest Service rigs Mr. SMITH. My response is the same havoc. The most tragic incident involv- all across Oregon. as the Senator’s. It is a sense of aban- ing balloon bombs also found a place in The great Johnny Cash once wrote a donment, a sense of betrayal, a sense history as yielding the only deaths due song about Roseburg, OR, the timber that the Federal Government made a to enemy action on mainland America capital of the world. In spoken word, deal, changed the terms, and now is during World War II. on his ‘‘Ride this Train’’ album, the welching on the deal. The events unfolded on May 5, 1945, ‘‘man in black’’ said this: That is why I am here giving the his- as a pastor and his wife took five chil- Ride this train to Roseburg, Oregon, now tory of this State, trying to share with dren for a picnic on a beautiful spring there’s a town for you; and you talk about my colleagues some of the feeling, the day east of Bly, OR. I should note that rough, you know a lot of places in the coun- history, the blood, sweat, and tears a few years ago, Mr. President, the try claim Paul Bunyon lived there; but you that went into building Oregon and Federal authorities thwarted al-Qaida should have seen Roseburg when me and my why the Federal Government needs to plans to build a jihadist training camp daddy’d come there; every one of them be the protagonist for Oregon again, in Bly, OR. But back in 1944, Rev. Ar- loggers looked like Paul Bunyon to me; as I not the antagonist. was a skinny kid about 16 and I was scared chie Mitchell parked his car near Bly, to death when we walked into that camp; So that would be my answer. They and he heard his pregnant wife call out: none of the lumberjacks paid any attention feel like the Federal Government gave Look what I found, dear. to me at first; but when my pa told the boss its word and needs to keep it. One of the children tried to remove that me and him wanted a job; a lot of ’em Mr. WYDEN. Again, through the the balloon from a tree and triggered stopped their work to see what was gonna Chair, Mr. President, would it be my the bomb. The force of the blast imme- happen; that big boss walked around me, colleague’s sense that at home the diately filled the air with dust, pine looked me up and down, and said, Mister, I kinds of services that are on the line needles, twigs, branches, and dead logs. believe that boy is made out of second growth timber, and I guess I was. Everybody are not exactly what the people call The entire family was killed. but me and my pa had a big laugh over it. Pa the extras? We are talking about law During World War II, private got kinda mad and the boss finally said he enforcement. We are talking about timberlands, not Federal, fueled the might start me out as a high climber—I schools. war effort. This was necessary because didn’t know what a high climber was. Boy, I I know the Senator shares a long they had roads and quick access to sure learned fast. That steel corded rope cut friendship with Sheriff Mike Winters, timber that was needed to help win the my back, and that ax, I thought it was gonna for example, of southern Oregon, and war. Lumber producers also had im- break my arms off, but I stuck with it. It he has told me the kinds of cutbacks plicit assurances from the Federal Gov- wasn’t long till I learned a man’s got to be a lot tougher than the timber he’s cuttin’. Fi- we have seen in law enforcement are ernment that Federal forests would nally I could swing that crosscut saw with extraordinary, such as involving the ef- open up after the war. As Associate the best of them. fort to fight methamphetamines. Forest Service Chief Sally Collins re- Country singers were not the only What is your sense of the kinds of cently stated: artists to embrace Oregon’s logging services we would see go by the boards Post-World War II, the Forest Service en- heritage. Ken Kesey might be known to if this program is not sustained? tered a new period characterized, in large some of my colleagues as the author of Mr. SMITH. Well, Senator, I have part, by timber production. From the 1960s ‘‘One Flew Over The Cuckoo’s Nest.’’ spoken to it at the beginning, in the to the 1980s, every administration, with Oregonians know Ken Kesey as one of middle, and at the end of this, the strong congressional support, called for more kinds of things you are asking, the timber harvest from the national forests, their own—a countercultural figure, with the goal of replacing the depleted bridging the gap between the beatniks kinds of services that will be jeopard- stocks of private and State timber as a re- of the 1950s and the hippies of the 1960s. ized or the kinds of services every sult of the war effort. At its peak in 1987, the Kesey’s second novel, ‘‘Sometimes a American citizen expects local commu- national forests provided close to 30 percent Great Notion,’’ tells of a hardheaded nities to provide. Most communities of the Nation’s timber supply. Oregon logging family hacking a fam- provide them through property taxes, The bulk of the wood came from Fed- ily wage out of the woods. I would read local levies of some kind that keep our eral lands in Oregon. Postwar timber some of that work, but in the interest teachers, our policemen, our roads harvest on Federal land alone in my of getting through this 5-hour speech paved, health services, and more. These State oscillated between 4 and 5 billion in an hour, I will save that for another are the kinds of things which are the feet per year—enough wood to build day. His work does personify the pride, cornerstone of what we would call ‘‘civ- nearly 300,000 homes. The revenues passion, and perseverance of the Or- ilization’’ in rural places. from these harvests energized rural Or- egon logger and the Oregon spirit It is that and more. We could go egon, not to mention the Federal itself. looking at program after program that, Treasury, since 75 percent of the pro- Kesey’s words vividly describe the if the Federal Government welches on ceeds came right here and were depos- back-breaking work of logging, seen its bargain, are the kinds of services ited in Washington, DC. through the eyes of a long-lost brother that will be lost to Oregon because Or- It was a win-win and in the spirit of from the east coast. In the nonfiction egon is over half owned by the Federal the Federal Government acting in the world, another east coast brother— Government. It is real simple. Time is aide, not the ailment, of the States ‘‘Big Brother,’’ if you will—would up, and the deal needs to be kept. united under its banner. It was the break the back of Oregon’s logging in- Mr. WYDEN. Continuing through the same spirit in which Franklin Delano dustry. Chair, Mr. President, isn’t it correct, I

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.051 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1840 CONGRESSIONAL RECORD — SENATE February 12, 2007 ask my colleague, that members of our I understand the presentation of the clear on this. I think there is always a delegation, of both political parties, Senator, you are trying to lay out the sense that sometimes you come to the have suggested alternatives for funding history. floor and there is a little bit of an this program? For example, our whole Mr. SMITH. I am. alarmist kind of approach. delegation to a person was very trou- Mr. WYDEN. The history goes back My understanding is in our home bled about this idea of selling off our to the beginning of the last century, State, from county officials, there are treasures because not only was that essentially. Because the Federal Gov- pink slips going out now. There are not morally right, clearly it would ernment owns more than half of our budgets that are being made now that have no prospect whatever of passing land, we historically received pay- are going to be very hard to alter. I ap- in the Senate. So I know our colleague ments for essential services—schools, preciate my colleague’s presentation in the other body who represents the police and the like—that were based on over the last bit, and I enjoyed the ear- eastern part of our State had some timber receipts. Now that the environ- lier one as well, and I felt it was an im- good ideas, and our colleague in the mental laws have changed, those funds portant presentation. other body from southwestern Oregon are not there. What exactly is taking place? So the had some good ideas. It seems to me— So, as I understand it, the presen- Senate is up on this in terms of county budgets, layoff notices, and the kind of and I think it would be helpful if you tation that my colleague is making pain—that is what this is really all could bring the Senate up to date—that today is based on the idea that this is about, the pain we are seeing working both Democrats and Republicans have not about Oregon’s seeking some kind families and citizens going through— been trying to work in good faith for of arbitrary figure that we basically what exactly is taking place as these ideas that would responsibly fund this would like to offer up as kind of a wish list or to try to get through because we budget choices are being made? program. I think it would be helpful to Mr. SMITH. The Senator is exactly will try to bull it through, but that it have my colleague’s reaction on that. right in his description of the local is really based on history. It is based Mr. SMITH. The Senator is exactly pain and the bewilderment of many on a historical formula that stems right. There has been virtually nothing public employees who work in the from the fact that the Federal Govern- taken off the table. The administration counties and need to make mortgage made a proposal for funding this that ment owns most of the land. Is that es- payments, want their kids educated, had difficulties with our delegation, in sentially the kind of historical view- and would like their neighborhoods selling off public lands or other forest point that my colleague is trying to kept safe. They are getting pink slips land. To me, the offset ought to be the bring to the Senate? as we speak. word of the United States, and ulti- Mr. SMITH. Absolutely. I will be This act expired in September of last mately the funding source is really the making it several more times in this year. The money runs out in June. The American Treasury because the Amer- presentation—5 hours condensed into last two vehicles you and I have to fix ican Treasury gains so much from Or- an hour and a half, I suppose. But when this is the CR or the emergency supple- egon, owns over half of Oregon, and you and Senator CRAIG first cut the mental. My good friend, my senior col- contributes 7 percent to its local gov- deal—and I was an original cosponsor league, is doing exactly what I was ernments. So you are absolutely right. with you—you had to have a basis for doing when I was in the majority, and There have been many suggestions the money, the formula for distrib- that is meeting with chairmen, meet- made. I have supported virtually all of uting it. You all wisely came up with ing with the leader, describing the in- them to try to break through this log- what is the historical timber harvest tensity of the problem and the moral jam that we find in Congress. It has on Federal lands. That made sense. It importance of this for the Federal Gov- been a labor of the greatest frustration makes logical sense. It is defensible. ernment to keep its word. It was an ex- for this Senator, and I know for you. Now some of our neighboring Senators perience in great frustration. Now we have traded sides as to who is don’t like that deal anymore. They Now I am in the minority, and I am in the majority and who is in the mi- want to change that. They would like left to stall, throw wrenches in the nority. My recourse in the minority is to ignore that history, but that is the works, make the moral case. I will con- to do what I am doing, and that is to basis of the formula for these secure tinue to do that. You and I, as we have look for every opportunity I can to county schools payments. It is literally done since our earliest days in the Sen- speak for Oregon, to slow down the replacing the money lost from the way ate, will work in tandem because, when Federal Government if necessary to get Oregon historically operated in col- it comes to Oregon’s interests, between the Federal Government to understand laboration with the Federal Govern- Senator WYDEN and myself, politics its obligation. ment. The terms were changed. The stop at the State border. This is a per- Mr. WYDEN. Mr. President, one last terms were changed in the 1990s. fect example of it. We have two shots. question, if I might, for my colleague. There is a cost to not harvesting tim- Mr. WYDEN. I thank my colleague I appreciate his point with respect to ber. The rest of the country wants us for his presentation. I hope the entire the alternatives because the adminis- not to harvest timber, but there is a Senate followed this discussion—that tration offered a proposal, a selloff of cost to not doing that, and the cost is our whole country does. national treasures. I and others borne by humans, by local govern- I yield the floor. Mr. SMITH. In 1976, shortly after the thought that was wrong. We went to ments. I think it is a dastardly thing Endangered Species Act became law, work. Our colleagues came up with al- on the Federal Government’s part to an Oregon State graduate student ternatives. Senator BAUCUS and I found walk away from this now, for it to named Eric Forsman published a mas- an example in an area where Govern- change the terms and not care for the ter’s thesis. ment contractors were not paying people impacted by that. It surmised that the spotted owls of Mr. WYDEN. One last question, if I taxes in a prompt way. There were Oregon were ‘‘declining as a result of might, Mr. President. Also, let me also questions about whether it made sense, habitat loss.’’ The study caused a sen- tell the Senate we are very pleased at least in the administration. Then sation among the environmental com- that the Senator from Vermont has they went off and took the revenues. munity, which was looking for an En- I think your point about how Demo- joined the Energy and Natural Re- dangered Species test case. crats and Republicans have brought al- sources Committee. He is going to hear By 1988, the environmental activists ternatives with respect to how to pay us talking an awful lot in the com- had defined their battle—to preserve, for this program in the Congress is an mittee about the county payments leg- ‘‘old growth forests.’’ In their own important one. islation, but I just want to say tonight words, these activists needed a ‘‘surro- The last one I would like to have you in the Senate I am very pleased the gate’’ species—one that lived in and lay out for the Senate is that I want Senator from Vermont has come to the needed old growth for its habitat. At a Senators to know that this is not some Senate, and we are glad to have him on law clinic in 1988, one activist stated: exercise on our part, in terms of just the committee. Thanks to the work of Walt Disney, and plucking an arbitrary figure out of the The last question I would pose to my Bambi and his friends . . . wildlife enjoys air and saying: By God, this is the colleague deals, again, with the ur- substantive statutory protection. While the money that we want for our State. As gency of all of this, so the Senate is northern spotted owl is the wildlife species

VerDate Aug 31 2005 04:17 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.053 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1841 of choice to act as the surrogate for old issue mentality that bubbles up to the top in It read: growth protection, and I’ve often thought many of these groups today. ‘‘thank goodness the spotted owl evolved in When you subscribe to that single-issue WHO GIVES A HOOT? mentality, it is not what you have done in the Northwest, for if it hadn’t we’d have to The timber industry says that saving this genetically engineer it.’’ It’s a perfect spe- the past or what you are trying to do for the future; it is how you cross the t’s and dot the spotted owl will cost 30,000 jobs. It isn’t that cies for use as a surrogate. First of all, it is simple. unique to old growth forests. And there’s no i’s today, and it is a dogmatic mind that is credible scientific dispute on that fact. Sec- very difficult to try to find any kind of ac- When this story ran, the Senator ond of all, it uses a lot of old growth. That’s commodation. Thank goodness, I think that from Tennessee, Mr. Gore, came to this convenient because we can use it to protect the minds of balance and the minds of many floor to with the magazine in hand. a lot of old growth. of these people in both groups prevailed and made this compromise possible. The distinguished Senator stated: And ‘‘convenient’’ it was to those So I want to say, Mr. President, we have seeking to end timber harvest in Or- Why would Time magazine do a cover story made great movement in trying to accom- on the spotted owl, to say it is not that sim- egon. The United States Fish and Wild- modate those from the environmental com- ple? Because the issue has been misunder- munity who have raised legitimate issues life Service was forced to review the stood, and it is not that simple. status of the spotted owl in 1982 and and concerns. Unfortunately, according to many of the again in 1987. Well, Senator Gore and Time Maga- statements coming out of that community, zine were right. The battle between In both instances it found that a list- it is not enough. On the other hand, when I ing under the Endangered Species Act face in my State 70 communities that are to- loggers and owls wasn’t that simple. was not warranted. In 1986, an Audubon tally dependent on a 1- or 2-mill economy, I The economic fallout under the forth- Society report stated that the spotted can say this: I look forward not with any- coming Clinton-Gore administration owl population was teetering toward thing but anxiety and concern that we are would be far worse. And despite draco- the doomsday number of 1500 pairs. going to see some of those communities so nian federal actions, the owl would not Further reviews by the Fish and deeply impacted that I may have to repeat be saved. an experience I had in Valsetz, OR. Wildlife Service in 1989 and 1990 pro- On that occasion I gave the last high Following the ESA listing of the posed that it should be listed as threat- school commencement. Instead of the usual spotted owl, biologists and foresters ened throughout its range—northern smiles and laughter at such an event, there within the federal government began California, Oregon and Washington. were tears and sadness in the faces of the their own war with each other. With By 1989, environmental litigants had members of that small timber-dependent critical habitat in place, the Fish and secured a court injunction on BLM community whose mill had recently closed. In 2 weeks the bulldozers came in, and today Wildlife Service warned the BLM that timber sales near spotted owl sites. My its planned timber sales would jeop- predecessor, Senator Mark Hatfield, there is not a sign left of community life because we are now finding the underbrush ardize the survival of the spotted owl. and Senator Brock Adams of Wash- taking over. In October 1991, Interior Secretary ington intervened that same year. We face that reality in our State. It is aw- They passed what was called the fully easy for people from other States to Manuel Lujan convened the Endan- ‘‘Northwest Compromise’’—also known say, oh, well we have to do this and that. But gered Species Committee—also known as the ‘‘section 318 rider.’’ This rider I have to concern myself with representing as the ‘‘God Squad.’’ The God Squad required the BLM and Forest Service the people who have to put bread on the consisted of three cabinet-level ap- to map out ecologically significant old table of their children, and to cut it off pointees and one representative from abruptly, without any consideration for the the State of Oregon. They convened a growth stands for interim protection, human needs, to me, is cruelty. while insulating federal timber sales If we want to reduce our timber sales level month of evidentiary hearings in Port- outside those areas from litigation by half, all right. But let us have a prospec- land, OR with 97 witnesses. challenges. tive goal, and give time to re-train those em- The God Squad decided to exempt I would like to read from a floor ployees, give time to readjust those commu- several of the BLM’s timber sales from statement Senator Hatfield gave that nities, give time to those human needs, but ESA guidelines, while also requiring year: to do it as proposed by various members of the environmental community is to do it the agency to implement the draft For those who like to isolate themselves in without human concern. spotted owl recovery plan in other a little cocoon and talk about theoretical areas. and esoteric subjects, let us not forget we Following Senator Hatfield’s action are talking about human problems. That in the Senate, the House Agriculture Without a final recovery plan, how- leads back to a common denominator which Committee ordered the creation of a ever, litigants seized the opportunity is the adequacy or inadequacy to house team of scientists—forest experts—to to shut down the remaining timber human beings. There may come a time when analyze and report on the management sales. Blanket injunctions were issued we will have to opt for a choice between an of old growth forests within the range by Federal courts in 1991 and 1992, fi- owl and a human being, but let me tell you of the spotted owl. nally bringing western Oregon’s Fed- in this proposal today we do not have to This group came to be known as the eral timber program to a complete make that choice. ‘‘Gang of Four.’’ Their report found We have opted to continue studying the deadfall. owl as a threatened species, and there is that the amount and distribution of old This chart shows timber harvest on nothing in this report that in any way im- growth forests in the Pacific Northwest each of Oregon’s thirteen National For- pinges upon the Endangered Species Act. But was insufficient to support both cur- ests. The Willamette National Forest at the same time we are sensitive to human rent timber harvest level and the via- alone was producing nearly a billion need. In my 30 years as a governor and Sen- bility of the spotted owl. board feet of timber a year. By 1992, it ator, I have often found myself in the eye of The Gang of Four presented 14 man- the storm when I have been accused by some agement alternatives, from the status was in a free-fall to near zero, where it of trying to preserve too much of our natural quo to massive set asides of old growth remains today. resources for posterity, including seashores, reserves. Think of the economy. think of the including the Columbia River Gorge, includ- Congress considered many of these human consequences. But maybe we ing wild and scenic rivers and including wil- alternatives, but acted on none of saved the owl. We will get to that. derness. On the other hand, I often find myself in them. Enter the presidential campaign be- the eye of the storm from those representing In 1990, the hammer finally fell. The tween George Herbert Walker Bush and the environmental community who think U.S. Fish and Wildlife Service formally the Governor of Arkansas, Bill Clinton. somehow we have sacrificed the spotted owl listed the northern spotted owl as Both candidates made numerous visits for timber production. ‘‘threatened’’ under the Endangered to the Pacific Northwest. Bush la- Mr. President, the facts will not bear that Species Act. out. I think sometimes that striking the bal- A federal court soon ordered the mented to loggers the situation that ance is the most impossible political stance agency to declare critical habitat for had unfurled on his watch. Clinton to take. It is far easier to line up with one the spotted owl in western Oregon and promised labor unions that he would side or the other. To try to strike a balance Washington and northern California. A convene a ‘‘forest summit’’ to resolve in anyone of these controversial areas, par- the problem and end the gridlock. ticularly as it represents economic and spotted owl recovery team was ap- human need on one side and they need to pointed in 1992. In April 1993, President Bill Clinton preserve unique areas of our God-created The year that the spotted owl was did just that—at least insofar as the Earth on the other, is very difficult. I fear listed, 1990, Time Magazine ran this ‘‘summit.’’ In Portland, OR the presi- that too often we are adopting the single- cover story. dent convened his Vice-President, Al

VerDate Aug 31 2005 04:17 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.013 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1842 CONGRESSIONAL RECORD — SENATE February 12, 2007 Gore, along with the Secretaries of Ag- not want to codify such a dramatic The time between 1996 and 2000 was a riculture, Interior, Labor, and Com- drop in federal timber sales. grueling and frustrating fight. While merce, plus the EPA Administrator, Environmentalists objected to the the president lamented the poverty in the Deputy Director of the Office of fact that the Plan explicitly relied on Appalachia, his administration was Management and Budget, and his some old growth harvest to meet its creating it in Oregon. Science and Technology Advisor. volume prediction. It became obvious very quickly that At the conclusion of the eight-hour, Nonetheless, the Northwest Forest the promise of the Clinton Northwest Plan—and its equivalent in eastern Or- televised summit, President Clinton Forest Plan was a ruse—sabotaged by egon, the Interior Columbia Basin Eco- announced a 60-day deadline by which its own architects at every political system Management Project—became his Cabinet would craft a plan to break the law of the land, without a single turn. the Pacific Northwest’s forest impasse. vote in Congress. The Plan was imple- When George W. Bush took office in He said that his goal was to develop mented through administrative rule- 2001, he agreed to make good on Bill a policy based on principles that would making and blessed by federal judges. Clinton’s 1993 commitment. His admin- Produce a predictable and sustainable level Nonetheless, federal timber sales re- istration has tried to fix the Northwest of timber sales that will not degrade or de- mained gridlocked in court. Harvest Forest Plan, to fund it and to imple- stroy our forest environment. levels were still dropping. Mills were ment it. That plan would come to be known as still closing. Unemployment lines were Unfortunately, the current presi- the ‘‘Northwest Forest Plan.’’ It called still growing. Oregon was no better off. dent’s efforts have been stifled by fed- for the set aside of 88 percent of federal The year Oregon cast its electoral eral courts. forests within the range of the spotted ballots for Bill Clinton a second time, Northwest Forest Plan timber har- owl. The ‘‘predictable and sustainable’’ in 1996, it also elected to send me to vest under President Bush has been level of timber would come from the the United States Senate. consistently lower than under Presi- Holding the Clinton Administration remaining 12 percent of the landscape. dent Clinton. And it has never risen to its own promise to Oregon was a pri- above 30 percent of what Bill Clinton This amounted to 1.1 billion board feet mary directive from my constituents. promised Oregon 13 years ago. a year—a 78 percent reduction from And I did what I could. historic levels. But it was more than I pleaded with Clinton Administra- These are the legal and political zero, which is what we had. So we were tion officials to fully fund its own facts of the case. Let me take a mo- happy. We would get 1.1, even though Northwest Forest Plan. It never did. ment to describe the human, social and there used to be 8 billion. I fought off efforts in this chamber to economic casualties of the timber war. In all honesty, both trenches in the slash funding from the federal timber Between 1989 and 2003, 213 lumber timber war shirked at the Northwest sale program. And the Senate never mills in Oregon were closed, some per- Forest Plan. The timber industry did did. manently. I’d like to read you the list:

Employees . Simpson Timber Co...... Albany ...... Plywood ...... 200 Stone Forest Industries ...... Albany ...... Sawmill ...... 286 Weyerhaeuser ...... Albany ...... Sawmill ...... 39 Willamette—Duraflake ...... Albany ...... Sawmill ...... Alicel ...... Sawmill ...... Croman Corporation ...... Ashland ...... Sawmill ...... Astoria Plywood ...... Astoria ...... Plywood ...... 300 Ellingson Lumber Co ...... Baker City ...... Sawmill ...... 152 Bandon ...... Sawmill ...... Beavercreek ...... Sawmill ...... Crown Pacific ...... Bend ...... Sawmill ...... Weyerhaeuser ...... Bend ...... Particle board ...... 111 Vanport Manufacturing ...... Boring ...... Sawmill ...... 180 Carver ...... Sawmill ...... Cascade Cascade Locks Lumber ...... Cascade Locks ...... Sawmill ...... 44 Rough & Ready Lumber ...... Cave Junction ...... Sawmill ...... Central Point Lumber ...... Central Point ...... Sawmill ...... Double Dee Lumber ...... Central Point ...... Sawmill ...... 40 Tree Source ...... Central Point ...... Sawmill ...... Chiloquin ...... Sawmill ...... Beaver Lumber ...... Clatskanie ...... Sawmill ...... 70 Coburg ...... Sawmill ...... Coos Bay Mill ...... Coos Bay ...... Sawmill ...... Weyerhaeuser ...... Coos Bay ...... Sawmill ...... 175 Weverhaeuser—Dellwood Logging ...... Coos Bay ...... Sawmill ...... 40 Georgia Pacific ...... Coquille ...... Sawmill ...... 340 Brand-S Corporation ...... Corvallis ...... Sawmill ...... 6 Leading Plywood ...... Corvallis ...... Plywood ...... 46 Midway Engineered Wood Products ...... Corvallis ...... Sawmill ...... 50 Superior Hardwoods ...... Corvallis ...... Sawmill ...... 40 Cascade Lumber ...... Cottage Grove ...... Sawmill ...... 40 Starflre Lumber Co...... Cottage Grove ...... Sawmill ...... 30 Weverhaeuser ...... Cottage Grove ...... Sawmill ...... 235 Cress Ply ...... Creswell ...... Plywood ...... 65 Bohemia ...... Culp Creek ...... Sawmill ...... 225 Cushman ...... Sawmill ...... Diversified Fiber Corp...... Dairy ...... Sawmill ...... 70 Weyerhaeuser ...... Dalles ...... Sawmill ...... Roseburg Forest Products ...... Dillard ...... Sawmill ...... 275 Roseburg Forest Products ...... Dillard ...... Plywood ...... Dixonville ...... Sawmill ...... Drain ...... Sawmill ...... Eddyville ...... Sawmill ...... Boise Cascade ...... Elgin ...... Stud Mill ...... 37 Boise Cascade ...... Elgin ...... Sawmill ...... Great Western Pellet Mills ...... Enterprise ...... Pellets ...... 14 Estacada Forest Products ...... Estacada ...... Sawmill ...... Cuddeback Lumber ...... Eugene ...... Sawmill ...... 75 Falcon Manufacturing ...... Eugene ...... Sawmill ...... 120 Seneca Sawmill ...... Eugene ...... Sawmill ...... 24 Springfield Forest Products ...... Eugene ...... Sawmill ...... 60 WTD Industries ...... Eugene ...... Sawmill ...... 55 WTD Industries ...... Eugene ...... Veneer ...... 80 Zip-O-Log Mills ...... Eugene ...... Sawmill ...... 30 Forest Grove ...... Sawmill ...... Foster ...... Sawmill ...... International Paper ...... Gardiner ...... P&P ...... Willamette—Bohemia ...... Gardiner ...... Sawmill ...... 280 Gregory Forest Products ...... Glendale ...... Plywood ...... 25 Gold Beach Plywood, Inc...... Gold Beach ...... Plywood ...... 315 Cone Lumber Co...... Goshen ...... Sawmill ...... 69 Goshen Veneer ...... Goshen ...... Veneer ...... 53 Fourply Lumber ...... Grants Pass ...... Sawmill ...... 200 Medford Corporation ...... Grants Pass ...... Plywood ...... 170 U.S. Forest Industries ...... Grants Pass ...... Sawmill ...... 200 Spalding & Son ...... Grants Pass ...... Sawmill ...... 160 Olympic Mill (Interforest) ...... Gresham ...... Veneer ...... 44 WI—Cascade Logging ...... Griggs ...... Sawmill ...... 32 DG Mouldings ...... Harrisburg ...... Sawmill ...... 95 Noble & Bittner Plug Co...... Hebo ...... Sawmill ...... 19

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Employees

Kinzua-Heppner Mill ...... Heppner ...... Sawmill ...... 135 Frontier Forest Products ...... Heppner ...... Sawmill ...... Louisiana Pacific ...... Hines ...... Sawmill ...... 116 Snow Mountain Pine Ltd...... Hines ...... Sawmill ...... 260 Hanel Lumber ...... Hood River ...... Sawmill ...... 138 Green Veneer, Inc...... Idanha ...... Veneer ...... Idanha ...... Sawmill ...... Peacock Lumber Co...... Imbler ...... Sawmill ...... 25 Mountain Fir ...... Independence ...... Chip Mill ...... 45 Jasper ...... Sawmill ...... Malheur Lumber ...... John Day ...... Sawmill ...... 30 Boise Cascade ...... Joseph ...... Sawmill ...... 52 Joseph Timber ...... Joseph ...... Sawmill ...... 70 R–Y Timber, Inc...... Joseph ...... Sawmill ...... 68 Junction City Lumber (WTD) ...... Junction City ...... Sawmill ...... 102 Circle D ...... Klamath Falls ...... Chip Mill ...... Collins Products ...... Klamath Falls ...... Plywood ...... Klamath Veneer ...... Klamath Falls ...... Veneer ...... 50 Modoc Lumber ...... Klamath Falls ...... Sawmill ...... 169 Roseburg Forest Products ...... Klamath Falls ...... Sawmill ...... 680 Weyerhaeuser ...... Klamath Falls ...... Sawmill ...... American Precision Millwork ...... Lakeview ...... Sawmill ...... 27 Goose Lake Lumber ...... Lakeview ...... Sawmill ...... 60 Lakeview Lumber ...... Lakeview ...... Sawmill ...... 60 Langlois ...... Sawmill ...... Lebanon Mill ...... Lebanon ...... White Plywood ...... Lebanon ...... Plywood ...... 180 WI—Lebanon Plywood ...... Lebanon ...... Plywood ...... 125 Linnton Plywood ...... Linnton ...... Plywood ...... 235 Blue Mountain Forest ...... Long Creek ...... Sawmill ...... 20 Madras ...... Sawmill ...... Mapleton ...... Sawmill ...... Maupin ...... Sawmill ...... Boise Cascade ...... Medford ...... Plywood ...... 450 Boise Cascade ...... Medford ...... Veneer ...... Pine Products ...... Prineville ...... Sawmill ...... 97 Crown Pacific ...... Prinville ...... Sawmill ...... Cascade Pine Specialties ...... Redmond ...... Sawmill ...... 60 Crown Pacific ...... Redmond ...... Sawmill ...... 214 DAW Forest Products ...... Redmond ...... Sawmill ...... 45 International Paper ...... Reedsport ...... Sawmill ...... 80 International Paper ...... Gardiner ...... P&P ...... 325 C & D Lumber ...... Riddle ...... Sawmill ...... 80 Louisiana Pacific ...... Rogue River ...... Veneer ...... Medford Corporation ...... Rogue River ...... Veneer ...... 75 California Cedar Products ...... Roseburg ...... Sawmill ...... 50 Champion (Seneca Timber) ...... Roseburg ...... Plywood ...... 260 P&M Cedar Products ...... Roseburg ...... Sawmill ...... Pacific Chips ...... Roseburg ...... Chip Mill ...... 36 Roseburg Forest Products ...... Roseburg ...... Sawmill ...... 42 Willamette Industries ...... Saginaw ...... Sawmill ...... 62 Diamond Pacific Milling/Dry Kilns ...... Salem ...... Sawmill ...... 15 North Santiam Plywood ...... Salem ...... Plywood ...... 100 Kohl Lumber ...... Seaside ...... Sawmill ...... 13 Taylor Lumber & Treating ...... Sheridan ...... Sawmill ...... Silverton Forest Products ...... Silverton ...... Sawmill ...... 65 Georgia Pacific ...... Springfield ...... Plvwood ...... 250 Nicolai Company ...... Springfield ...... Sawmill ...... 163 Oregon Cedar Products ...... Springfield ...... Sawmill ...... 80 Springfield Forest Products ...... Springfield ...... Sawmill ...... 200 Stone Forest Industries ...... Springfield ...... Sawmill ...... 53 Weyerhaeuser ...... Springfield ...... Sawmill ...... 270 Weyerhaeuser Pulp and Paper ...... Springfield ...... P&P ...... 520 Weyerhaeuser ...... Springfield ...... P&P ...... 140 Pacific Western Forest Products ...... St. Helens ...... Plywood ...... 288 St. Helens Mill ...... St. Helens ...... Weyerhaeuser ...... Stayton ...... LVL Plant ...... 43 Sutherlin ...... Sawmill ...... Linn Forest Products ...... Sweet Home ...... Sawmill ...... 95 Weyerhaeuser ...... Sweet Home ...... Sawmill ...... 81 WI—Foster Sawmill ...... Sweet Home ...... Sawmill ...... 44 WI—Midway Veneer ...... Sweet Home ...... Veneer ...... 80 Willamette Industries ...... Sweet Home ...... Plywood ...... 168 Swisshome ...... Sawmill ...... WTD ...... Tillamook ...... Sawmill ...... 30 Wheeler Manu. (Conf. Tribes of Siletz) ...... Toledo ...... Sawmill ...... 90 American Hardwoods ...... Tualatin ...... Sawmill ...... 166 Tygh Valley ...... Sawmill ...... WTD Industries ...... Union ...... Sawmill ...... 80 Vaughn ...... Sawmill. C B Cedar Co...... Medford ...... Sawmill ...... 50 Eugene F. Burrill Lumber Co...... Medford ...... Sawmill ...... 112 KOGAP ...... Medford ...... Sawmill ...... 200 Medford Corporation ...... Medford ...... Sawmill ...... 320 Miller Redwood ...... Merlin ...... Sawmill ...... 85 Bugaboo Timber ...... Mill City ...... Sawmill ...... 50 Green Veneer ...... Mill City ...... Veneer ...... 40 Young & Morgan ...... Mill City ...... Sawmill ...... Simpson Timber Co...... Millersburg ...... Sawmill ...... 200 Murphy Co...... Milwaukie ...... Sawmill ...... 97 Avison Lumber Co...... Molalla ...... Sawmill ...... Brazier Forest Industries ...... Molalla ...... Stud Mill ...... 83 Murphy Creek Lumber Co...... Murphy ...... Sawmill ...... 24 Myrtle Point ...... Sawmill ...... North Bend ...... Sawmill ...... North Plains ...... Sawmill ...... Tree Source ...... North Powder ...... Sawmill ...... Norway ...... Sawmill ...... Evergreen Forest Products ...... Oakland ...... Sawmill ...... 480 Bald Knob ...... Oakridge ...... Sawmill ...... 140 Pope & Talbot ...... Oakridge ...... Sawmill ...... 370 Pope & Talbot ...... Oakridge ...... Sawmill ...... 20 Ophir ...... Sawmill ...... Stimson Lumber ...... Oregon City ...... Sawmill ...... 85 Caffal Brothers ...... Oregon City ...... Sawmill ...... Paisley ...... Sawmill ...... Pedee ...... Sawmill ...... Diamond B Georaia Pacific) ...... Philomath ...... Sawmill ...... 155 Philomath Wood Products ...... Philomath ...... Sawmill ...... 106 Tree Source Pac/Soft ...... Philomath ...... Sawmill ...... Tree Source/Phil. FP ...... Philomath ...... Sawmill ...... Special Products of Oregon ...... Phoenix ...... Sawmill ...... 80 Louisiana Pacific ...... Pilot Rock ...... Sawmill ...... 60 Boise Cascade ...... Portland ...... R&D ...... 55

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Employees

Felt Mill ...... Portland ...... Portland Mill ...... Portland ...... Weyerhaeuser ...... Headquarters ...... Admin ...... 345 Prairie City ...... Sawmill ...... Crown Pacific Ltd...... Prineville ...... Sawmill ...... 36 Crown Pacific Ltd...... Prineville ...... Sawmill ...... 60 D & E Wood Products ...... Prineville ...... Sawmill ...... 15 Northwest Pacific Moulding & Cutstock ...... Prineville ...... Moulding ...... 18 Ochoco ...... Prineville ...... Sawmill ...... 80 Ochoco Lumber ...... Prineville ...... Sawmill ...... 100 International Paper ...... Veneta ...... Sawmill ...... 100 Waldport ...... Sawmill ...... Rogge Wood Products ...... Wallowa ...... Sawmill ...... 30 Wallowa Forest Products ...... Wallowa ...... Sawmill ...... 50 Warm Springs FP ...... Warm Springs ...... Sawmill ...... Warrento Lumber Products ...... Warrengton ...... Sawmill ...... 147 Boise Cascade ...... White City ...... Veneer ...... 30 Burrill Lumber Co...... White City ...... Sawmill ...... Double Dee Lumber Co...... White City ...... Sawmill ...... 20 Medco ...... White City ...... Sawmill ...... Medford Corporation ...... White City ...... Sawmill ...... Medite Corporation ...... White City ...... Sawmill ...... 80 Conifer Plywood Co...... Willamina ...... Plywood ...... 158 Williams Sawmill ...... Williams ...... Sawmill ...... Winchester Sawmill ...... Winchester ...... Sawmill ...... Weyerhaeuser ...... Winston ...... LVL Plant ...... 37 Weyerhaeuser ...... Wood Burn ...... Sawmill ...... 57 Yoncalla Timber Products (WTD) ...... Yoncalla ...... Sawmill ...... 45

It goes on and on. These mill closures ful in predation and reproduces faster A new twist emerges in the turf war over manifest themselves in the most hor- than the spotted owl. Pacific Northwest forests as a new adversary rific human ways. It is more than just No one knows for sure how the barred invades the remaining haunts of the threatened spotted owl. loss of logging and truck driving jobs owl made its way to the Northwest Just before dawn, a chill fog drifts through and destroyed communities in places I from the east coast. Some biologists the old-growth redwoods of northwestern have mentioned. Thirty-five thousand believe that, ironically, the growth and California. A group of birders breathe out Oregonians in the forest products in- planting of trees across the Great puffs of steam as they listen to the growing dustry lost their jobs in the 1990s— Plains created a ‘‘tree bridge’’ for the chorus of morning birdsong. Then the gentle 35,000. I remember those dark days. The barred owl to traverse the nation and sounds of kinglets and thrushes are buried year the Federal courts shut down the into spotted owl habitat. under a torrent of avian rock ’n’ roll as the wild, intense hoots of a barred owl ring out. woods, I was elected as State Senator The Fish and Wildlife Service report It is one of the first recorded sightings of from Pendleton, OR. At the time there found, quote: this species in this part of California. A cou- was talk that Oregon had to move on Barred owls react more aggressively to- ple of months later an agitated barred owl from the boom-and-bust cycle of Fed- wards northern spotted owls than the re- will be found perched near the body of a eral timber sales. There was talk that verse. There are also a few instances of freshly killed spotted owl in Redwood Na- we could swap out jobs in the Douglas barred owl aggression and predation on tional Park, near the Oregon border, feathers fir forests for ones in the silicon forest. northern spotted owls. The information col- of his presumed victim stuck in his talons. Such talk seems so hollow now. But lected to date indicates that encounters be- The latest turf war in the Pacific Northwest of the 35,000 Oregonians who lost their tween these two species tend to be agonistic has reached redwood country. in nature, and that the outcome is unlikely Dark-eyed woodland species, the barred jobs in the woods and in the lumber to favor the northern spotted owl. Given this owl and spotted owl are cousins that look so mills, nearly half of them never found relationship, barred owls may be able to dis- similar that novice birders have trouble tell- work again in our State. They either place or preempt northern spotted owls from ing them apart. Until recently, the two birds moved to another State, retired or re- territories. Further, use of more diverse never met. The barred owl haunted forests mained chronically unemployed. Those habitat types and prey, may confer some east of the Great Plains, while the spotted who did find other work ended up with competitive advantage to barred owls over owl lived only in old conifer forests of the lower wages than they earned a decade northern spotted owls with respect to repro- Pacific Northwest. Now the barred owl is on ductive output. the move—and it is moving in on the threat- before. Mr. President, 450 workers out ened spotted owl. of 35,000, just 1 percent, joined the The report cited empirical evidence Eric Forsman, the Oregon State Uni- high-tech industry. that barred owls were killing the spot- Not surprisingly, high unemployment ted owl. Here is a biologist’s account of versity masters student who wrote the in Oregon led to higher hunger rates. one such incident: first major opus on the decline of the Between 1999 and 2001 Oregon had the On 11 May 1997 at approximately 14:30 spotted owl in 1976, is now a biologist Nation’s highest incidence of hunger. Leskiw found a freshly (blood fresh and wet) for the Forest Service and a leading re- Now my State faces a new epidemic, killed Spotted Owl along a trail in Redwood searcher of the barred owl. He recently that of methamphetamine. National Park, Humboldt County, California. commented: But we might ask, how is the owl Two sets of feathers were found within 60 For the last thirty years we’ve been trying meters of the body. The owl was decapitated, to come up with ways of protecting the spot- doing? The answer may surprise you. It but the head could not be located. Addition- infuriates me. ted owl, and now all of a sudden, this huge ally, what appeared to be several Spotted monkey wrench gets thrown into the works. The spotted owl has become one of Owl feathers were seen in a tree 4 meters In the past, we could assume that what we the most intensely studied species on above the ground. Finally, the ground litter were seeing in terms of habitat would help us earth. Ten years of research and more was disturbed in a 2 meter radius around the to understand what was happening with the than 1,000 published studies detail the carcass, suggesting a struggle had occurred. spotted owl. Now we don’t know if spotted threats to its survival, but none is con- Leskiw left the area and returned at approxi- owls aren’t there because there is no habitat clusive. mately 15:30. When he returned to the kill for them or because of the barred owls. Most recently, in 2004, the U.S. Fish site at 15:45, a Barred Owl spontaneously A spokesperson for the Audubon So- and Wildlife Service reviewed the sta- hooted nearby. . . . Gutierrez necropsied the Spotted Owl. The bird’s head had been re- ciety, which led the charge to set aside tus of the northern spotted owl. It did moved by disarticulation of the cervical spotted owl habitat in the 1980s and 90s, so at the request not of environmental- vertebrae. The muscle from the left side of reacted to news of the barred owl by ists, but the timber industry—who the bird’s breast, side, and wing were eaten. simply stating: ‘‘We are ambivalent.’’ wanted to know if the shut-down of the These lines of circumstantial evidence com- Biologists, too, are perplexed over forests had actually worked. bine to suggest that a Barred Owl indeed another question: why more old growth The status review introduced a new killed and partially consumed this Spotted forest has resulted in fewer spotted antagonist to the saga. Not the logger, Owl. owls. but another owl. The barred owl is not One writer put the relationship be- A ten year review of the Clinton native to the Pacific Northwest. It is tween barred and spotted owl more elo- Northwest Forest Plan found that larger, more aggressive, more success- quently. She wrote: there are 600,000 more acres of old

VerDate Aug 31 2005 05:27 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.029 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1845 growth in western Oregon and Wash- listed as threatened. The flood of Cana- Mr. SMITH. If I don’t lose my place. ington than there was a decade ago. dian imports met the ever-growing U.S. f However, the sharpest decline in demand for lumber. spotted owl populations actually oc- So instead of milling our lumber, ADDITIONAL STATEMENTS curred where the least amount of fed- harvested from our own forests, with eral timber harvest took place namely our own environmental laws, we are ex- HONORING JOE AND DEE SPORTS the Olympic Peninsula of Washington porting the impact and the jobs to State. This is also the location of the other countries—other countries with ∑ Mr. ISAKSON. Mr. President, today I greatest number of barred owls. fewer environmental protections and honor two wonderful Georgians, Joe The spotted owl actually increased where forests regenerate more slowly. and Dee Sports of Conyers, as they cel- its population in southern Oregon— For a further example of the ebrate 50 years of marriage. where the most federal harvest activity outsourcing of our lumber industry, go Joe and Dee both grew up in south took place, and had the smallest inci- to Hurricane Katrina in 2005. With Georgia. Joe is a native of Douglas in dence of barred owl invasion. western timber locked up in court, Coffee County, and the former Dee One thing is for certain—the future southern timber blown down in the Plymell hails from Thomasville. They of the spotted owl is not only affected storm, the administration actually are blessed with one daughter, Susan, by the teeth of chainsaws, but in the floated the idea of lowering tariffs on and two grandsons, Ali Joseph and bloody talon of the barred owl. foreign imported lumber for the Amir Elias. And there is a third twist. Forest Katrina rebuilding effort. Joe has worn many hats over the fires are decimating spotted owl habi- Needless to say, that concept did not years in Georgia and Washington in- tat. Over 100,000 acres of spotted owl move far. Plenty of lumber was repro- cluding political leader, newspaper and habitat was severely burned over the duced for the reconstruction. Much of television reporter, congressional aide last 10 years. Now, we don’t clear-cut it was salvaged, probably from Mis- and public affairs consultant. He was for human use, we just burn it all in sissippi and Louisiana. executive director of the Democratic wildfires. The point here is that actions have Party of Georgia during the adminis- This is the Biscuit Fire, the largest consequences. If the United States trations of 2 Governors and served as a fire in Oregon’s history, the most ex- wants to consume wood, and it should, congressional aide to U.S. Senator pensive to fight in Forest Service his- then it needs to recognize where wood David Gambrell as well as four Georgia tory, costing in excess of $150 million. comes from. But if Americans don’t congressmen. He began his govern- Shoot, folks, with $150 million we could want wood to come from American for- mental affairs firm, Joe Sports & Asso- take care of all the problems I am talk- ests, harvested under the strictest en- ciates, over 25 years ago. He also edits ing about with Oregon counties. The vironmental guidelines in the world, Georgia Beat, Georgia’s oldest political Biscuit Fire incinerated 65,000 acres of then let’s face that reality. But the re- newsletter. the spotted owl habitat as seen in this ality has consequences. Dee is retired from the Georgia Sec- picture. This is more than four times I wonder if I can ask for an addi- retary of State’s office after many the amount affected by timber sales in tional 15 minutes and that will be all I years of distinguished service. She now the 50 years preceding the fire. One no- will require. enjoys helping to raise her grandsons, table difference is that areas harvested The PRESIDING OFFICER (Mr. who live close by with their mom. were replanted. WHITEHOUSE). Without objection, it is On February 24, Joe and Dee will So after 15 years of not logging old so ordered. gather together with their family and growth, growing new growth, and burn- Mr. SMITH. I thank the Senator friends to celebrate this truly momen- ing ‘‘protected’’ old growth, the Fed- from Vermont for listening to me. I tous occasion. Although I cannot be eral Government doesn’t know what to have detailed for you the dramatic there in person, it is a privilege to do for the spotted owl. After 15 years story of the Federal timber in Oregon stand in this Senate and honor this tre- since its listing under the ESA, the that serves as the backdrop for the mendous milestone that embodies the Federal Government does not even issue at hand. profound love and commitment they have a recovery plan for the spotted Beginning in the late 1980s, timber have for one another. Their marriage is owl. And now we are hearing from the sales received the primary funding an inspiration to us all.∑ Federal Government it doesn’t have source for the 25 Percent Fund and f much of a plan for the people whose began a precipitous decline for the rea- WE THE PEOPLE NATIONAL lives were ruined. sons I have explained earlier. This FINALS As I stand here today, it is also clear plunge in receipts intensified and then that the Federal Government doesn’t bottomed out at a much lower level in ∑ Mr. BINGAMAN. Mr. President, from know what to do with these commu- the 1990s. The decline in receipts im- April 28–30, 2007, more than 1,200 stu- nities in the wake of its failed manage- pacted rural communities in the West, dents from across the country will visit ment decisions. particularly communities in Wash- Washington, DC, to take part in the Let me also mention a fourth impact. ington, Oregon, northern California, national finals of We the People: The This should be of particular interest to and Idaho. Citizen and the Constitution, an impor- those Members concerned about the For example, in fiscal year 1995, na- tant program developed to educate outsourcing of U.S. jobs and industries tional forest revenues were $557 mil- young people about the U.S. Constitu- to other countries. As wood production lion, only 36 percent of fiscal year 1989 tion and Bill of Rights. The We the fell on the Federal timberlands, it was peak revenues of $1.531 billion. In fiscal People program is funded by the U.S. replaced—board foot by board foot—by year 2004 national forest revenues were Department of Education and adminis- the Canadian Government in its $281 million. That is from ‘‘billions’’ to tered by the Center for Civics Edu- ‘‘Crown Lands.’’ Does anyone think the ‘‘millions.’’ cation. spotted owl knows the difference be- Payments to many States under the I am proud to announce that the tween the United States and Canadian 25 Percent Fund Act declined by an av- State of New Mexico will be rep- borders? I don’t think they know. But erage of 70 percent from 1986 through resented by a class from Highland High what we are doing now is not har- 1998. These are national figures. Those School from Albuquerque at this pres- vesting our land. What we are doing in Oregon were far more severe, reflect- tigious national event. These out- now is burning our land, and the Cana- ing the drastic fall in the timber sales standing students, through their dians are overcutting their lands. program. knowledge of the U.S. Constitution, This trend is mirrored in reverse by The problem was compounded be- won their statewide competition and the blue line on this chart, showing Ca- cause 18 Oregon counties have different earned the chance to come to our Na- nadian lumber imports into this coun- revenue-sharing agreements with the tion’s Capital and compete at the na- try. Bureau of Land Management. tional level. The green and blue lines diverge in Mr. SANDERS. I ask the Senator to While in Washington, the students 1990—the years the spotted owl was yield so I can do some housekeeping. will participate in a 3-day academic

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.018 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1846 CONGRESSIONAL RECORD — SENATE February 12, 2007 competition that simulates a congres- open spaces. During this time, he was REPORT RELATIVE TO THE EX- sional hearing in which they ‘‘testify’’ appointed by then Governor Edmund PORT OF ITEMS TO THE PEO- before a panel of judges. Students dem- ‘‘Pat’’ Brown to the Commission on PLE’S REPUBLIC OF CHINA—PM 6 onstrate their knowledge and under- Aging, where he demonstrated his de- The PRESIDING OFFICER laid be- standing of constitutional principles as votion to aging issues which continued fore the Senate the following message they evaluate and defend positions on throughout his career. from the President of the United relevant historical and contemporary He was elected to the California States, together with an accompanying issues. Independent studies show that State Assembly in 1968 and became the report; which was referred to the Com- students in the We the People program powerful Speaker of the Assembly in mittee on Foreign Relations: display a greater political tolerance 1974. He helped bring more openness and commitment to the principles and and efficiency to the legislature. He To the Congress of the United States: values of the Constitution and Bill of also promoted gay rights and coastal In accordance with the provisions of Rights than do students using tradi- protection. section 1512 of the Strom Thurmond tional textbooks and approaches. With Leo served three terms as lieutenant National Defense Authorization Act for many reports and surveys indicating governor from 1983–1995. As lieutenant Fiscal Year 1999 (Public Law 105–261), I the lack of civic knowledge and civic Governor, he was active with the State hereby certify that the export to the participation, I am pleased to support Lands Commission and public edu- People’s Republic of China of the fol- such a valuable program that is pro- cation through the University of Cali- lowing items is not detrimental to the ducing an enlightened and engaged fornia. Lieutenant Governor McCarthy U.S. space launch industry, and that citizenry. helped coordinate California’s disaster the material and equipment, including The names of these outstanding stu- relief efforts following the Loma Prieta any indirect technical benefit that dents from Highland High School are: earthquake. As a member of Congress, could be derived from such exports, Aaron A, Adams, Allison J. Anglin, I was proud to work with Leo on this will not measurably improve the mis- Richard S. Baca, Laura E. Baldwin, disaster relief effort. I am so pleased sile or space launch capabilities of the Kristy R. Calderon, Daniel Chavez, that our paths crossed many times People’s Republic of China: Danielle N. Easley, Heather L. Gold- over the years on so many important Twenty Honeywell model QA 750 berg, Gabriel J. Hogan, Peyton K. issues. accelerometers to be incorporated into Holloway, Martha A. Muna, Denise H. Leo retired from politics in 1994. He railway geometry measurement sys- Ortiz, Milagro Padilla, Catherine U. helped establish the Leo T. McCarthy tems for China’s Ministry of Railways. Pham, Long Pham, Mark Ridder, Evan Center for Public Service and the Com- Equipment and technology associ- D. Root, Whitney A. Sousa, and Ruby mon Good at USF in 2002. The Center ated with the production and testing of R. Watkins. ‘‘seeks to inspire and equip students composite components for Boeing com- I also wish to commend the teachers for lives and careers of ethical public mercial aircraft. of the class, Bob Coffey and Steve Seth, service and serving others.’’ The Center GEORGE W. BUSH. who are responsible for preparing these speaks volumes about Leo’s lifelong THE WHITE HOUSE, February 11, 2007. young contestants for the national commitment to open government and f finals. Also worthy of special recogni- public service. ECONOMIC REPORT OF THE PRESI- tion is Dora Marroquin, the State coor- Leo McCarthy was a highly respected DENT DATED FEBRUARY 2007 dinator, and Patricia Carpeneter, the and beloved political leader in Cali- WITH THE ANNUAL REPORT OF district coordinator, who are among fornia. My heart goes out to Leo’s fam- THE COUNCIL OF ECONOMIC AD- those responsible for implementing the ily and friends. He will be missed by all VISERS FOR 2007—PM 7 We the People program in my State. who knew him. We take comfort in I wish these students much success as knowing that future generations will The PRESIDING OFFICER laid be- they prepare to compete at the We the benefit from his spirit, his vision, and fore the Senate the following message People national finals and applaud his leadership. He is survived by his from the President the United States, their great achievement.∑ wife Jackie; 4 children, Sharon, Conna, together with an accompanying report; which was referred to the Joint Eco- f Adam and Niall; and his 11 grand- ∑ nomic Committee: IN MEMORY OF LEO T. McCARTHY children. f ∑ Mrs. BOXER. Mr. President, today I f ask my colleagues to honor the mem- ECONOMIC REPORT OF THE PRESIDENT ory of one of California’s great law- MESSAGES FROM THE PRESIDENT makers and dedicated public servants, To the Congress of the United States: former California Lieutenant Governor Messages from the President of the Economic growth in the United and State Assembly Speaker Leo T. United States were communicated to States has been above the historic av- McCarthy. Leo passed away in San the Senate by Ms. Evans, one of his erage and faster than any other major Francisco on February 5, 2007 at the secretaries. industrialized economy in the world. January was the 41st month of uninter- age of 76. He leaves behind a legacy of f commitment to California. rupted job growth produced by this economy, in an expansion that has thus Leo was born in Auckland, New Zea- EXECUTIVE MESSAGES REFERRED land in 1930. When he was 3, his family far added more than 7.4, million new moved to San Francisco’s Mission Dis- As in executive session the Presiding jobs. Unemployment is low, inflation is trict. Leo served in the Korean war, in Officer laid before the Senate messages moderate, and real wages are rising. the intelligence unit of the Strategic from the President of the United Our economy is on the move and we Air Command. He studied history at States submitting sundry nominations can keep it that way continuing to pur- the University of San Francisco, USF, and a withdrawal which were referred sue sound economic policy based on before entering USF law school. Leo to the appropriate committees. free-market principles. began his political career through work (The nominations received today are Sound economic policy begins with on various political campaigns during printed at the end of the Senate pro- low taxes. We should work together to law school. ceedings.) spend the taxpayers’ money wisely and Leo was first elected to the San to tackle unfunded liabilities inherent Francisco Board of Supervisors in 1963, f in entitlement programs such as Social when at the age of 33, he became the Security, Medicare, and Medicaid. I youngest supervisor in San Francisco MESSAGE FROM THE PRESIDENT have laid out a detailed plan in my history. One of his enduring legacies is The following message from the budget to restrain spending, cut ear- the creation of the San Francisco President of the United States was marks in half by the end of this ses- Human Rights Commission. He also transmitted to the Senate by one of his sion, and balance the budget by 2012 protected San Francisco’s precious secretaries: without raising taxes. The tax relief of

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.019 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1847 the past few years has been a ingre- Fuel Economy standards for cars and accompanying papers, reports, and doc- dient in growing our economy, and it extending the current rule for light uments, and were referred as indicated: should be made permanent. trucks, so that we can reduce the EC–728. A communication from the Under Our growing economy is dynamic. amount of gasoline that our passenger Secretary of Defense (Personnel and Readi- The rise of new technologies, new com- vehicles consume, and do so in a more ness), transmitting, a report on the approved petition, and new markets abroad is efficient way. retirement of Lieutenant General Thomas L. changing how we do business. We need Fourth, a strong and vibrant edu- Baptiste, United States Air Force, and his to take action in four key areas to cation system is vital to maintaining advancement to the grade of lieutenant general on the retired list; to the Committee on keep America’s economy flexible and our Nation’s competitive edge in the Armed Services. dynamic. world and extending economic oppor- EC–729. A communication from the Chief of First, we must break down barriers tunity to every citizen here at home. the Publications and Regulations Branch, In- to trade so our workers can sell more Five years ago, we rose above partisan ternal Revenue Service, Department of the goods and services to the 95 percent of differences to enact the No Child Left Treasury, transmitting, pursuant to law, the the world’s customers who live outside Behind Act, preserving local control, report of a rule entitled ‘‘Revenue Procedure of our borders. Global trade talks like raising standards, holding schools ac- on Rescission Request Procedures’’ (Rev. the Doha Round at the World Trade Or- countable for results, and providing Proc. 2007–21) received on February 6, 2007; to ganization have the potential to level the Committee on Finance. more choice. This year, we must reau- EC–730. A communication from the Chief of the playing field so we can compete on thorize and strengthen this good law the Publications and Regulations Branch, In- fair terms in foreign markets, while preserving its core principles. ternal Revenue Service, Department of the helping lift millions of people out of Strong productivity growth underlies Treasury, transmitting, pursuant to law, the poverty around the world. much of the good economic news from report of a rule entitled ‘‘Weighted Average The only way we can complete the the past few years and the policies dis- Interest Rate Update’’ (Notice 2007–20) re- Doha Round and make headway on cussed above. Productivity growth ceived on February 6, 2007; to the Committee other trade agreements is to extend helps to increase our standards of liv- on Finance. Trade Promotion Authority, which is EC–731. A communication from the Chief of ing and improve our international com- the Publications and Regulations Branch, In- set to expire on July 1st. This author- petitiveness. To maintain this ternal Revenue Service, Department of the ity is essential to completing good progress, we must pursue a variety pro- Treasury, transmitting, pursuant to law, the trade agreements. The Congress must growth policies, including those con- report of a rule entitled ‘‘Updated Mortality renew it if we are to improve our com- tained in the American Competitive- Tables for Determining Current Liability’’ petitiveness in the global economy. ness Initiative and comprehensive im- ((RIN1545–BE72)(TD 9310)) received on Feb- Second, we must work to make pri- migration reform. ruary 6, 2007; to the Committee on Finance. vate health insurance more affordable EC–732. A communication from the Chief of These and other issues are discussed the Publications and Regulations Branch, In- and to give patients more choices and in the 2007 Annual Report of the Coun- control over their health care. One of ternal Revenue Service, Department of the cil of Economic Advisers. The Council Treasury, transmitting, pursuant to law, the the most promising ways to do this is has prepared this Report to put into report of a rule entitled ‘‘Certain Transfers by reforming the tax code. We must broader context the economic issues of Stock or Securities by U.S. Persons to end the unfair bias against individuals that underlie my Administration’s pol- Foreign Corporations’’ ((RIN1545–BG10)(TD who buy insurance on their own. I pro- icy decisions. I commend it to you. 9311)) received on February 6, 2007; to the Committee on Finance. pose creating a standard deduction for GEORGE W. BUSH. EC–733. A communication from the Chief of every American who buys health insur- THE WHITE HOUSE, February 2007. the Publications and Regulations Branch, In- ance, whether they get it through their f jobs or on their own. In a changing ternal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the economy, we need a health care system MESSAGE FROM THE HOUSE RECEIVED DURING ADJOURNMENT report of a rule entitled ‘‘Field Directive on that is flexible and consumer-oriented. Section 936 Exit Strategies’’ (Secondary With this reform, more than 100 mil- Under the authority of the order of Audit Index Number LMSB–04–0107–002) re- lion Americans who are now covered by the Senate of January 4, 2007, the Sec- ceived on February 6, 2007; to the Committee employer-provided insurance will ben- retary of the Senate, on today, Feb- on Finance. efit from lower tax bills. Those who ruary 12, 2007, during the adjournment EC–734. A communication from the Assist- now purchase health inurance on their of the Senate, received a message from ant Secretary, Land and Minerals Manage- own would save money on their taxes. ment, Department of the Interior, transmit- the House of Representatives announc- ting, pursuant to law, a report relative to Millions of others who now have no ing that the House had passed the fol- standards and requirements for royalty relief health insurance at all would find basic lowing bill, in which it requests the for marginal properties for oil and gas leases private coverage within their reach. concurrence of the Senate: on the Outer Continental Shelf; to the Com- My proposal also taps the innovation of H.R. 547. An act to facilitate the develop- mittee on Energy and Natural Resources. States in making basic, affordable in- ment of markets for biofuels and Ultra Low EC–735. A communication from the Prin- surance available to all by creating Af- Sulfur Diesel fuel through research and de- cipal Deputy Associate Administrator, Office fordable Choices grants to help ensure velopment and data collection. of Policy, Economics and Innovation, Envi- ronmental Protection Agency, transmitting, f the poor and the sick have access to pursuant to law, the report of a rule entitled private health insurance. MESSAGE FROM THE HOUSE ‘‘Approval and Promulgation of State Plan Third, we must continue to diversify for Designated Facilities and Pollutants; our energy supply to benefit our econ- Florida: Emissions Guidelines for Small Mu- omy, national security, and environ- ENROLLED BILL SIGNED nicipal Waste Combustion Units’’ (FRL No. ment. In my State of the Union Mes- 8276–7) received on February 7, 2007; to the The PRESIDENT pro tempore (Mr. sage, I set an ambitious goal of reduc- Committee on Environment and Public BYRD) announced that on February 8, ing gasoline usage in the United States Works. 2007, he had signed the following en- by 20 percent over the next 10 years. EC–736. A communication from the Prin- rolled bill, which was previously signed cipal Deputy Associate Administrator, Office Meeting this goal will require signifi- by the Speaker of the House: of Policy, Economics and Innovation, Envi- cant changes in supply and demand, ronmental Protection Agency, transmitting, but we should let the market decide H.R. 434. An act to provide for an additional temporary extension of programs pursuant to law, the report of a rule entitled the best mix of technologies and fuels under the Small Business Act and the Small ‘‘Approval and Promulgation of Air Quality to most efficiently attain it. On the Business Investment Act of 1958 through Implementation Plans; West Virginia; supply side, I propose a higher and re- July 31, 2007, and for other purposes. Amendments to the Minor New Source Re- view Program’’ (FRL No. 8276–3) received on formed fuel standard that would in- f clude renewable and other alternative February 7, 2007; to the Committee on Envi- ronment and Public Works. fuels. We should also allow environ- EXECUTIVE AND OTHER COMMUNICATIONS EC–737. A communication from the Prin- mentally friendly exploration of oil cipal Deputy Associate Administrator, Office and natural gas. On the demand side, I The following communications were of Policy, Economics and Innovation, Envi- propose enhancing Corporate Average laid before the Senate, together with ronmental Protection Agency, transmitting,

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.022 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1848 CONGRESSIONAL RECORD — SENATE February 12, 2007 pursuant to law, the report of a rule entitled ers; to the Committee on Commerce, mittee on Health, Education, Labor, and ‘‘Outer Continental Shelf Air Regulations Science, and Transportation. Pensions. Consistency Update for Alaska’’ (FRL No. By Mr. CHAMBLISS (for himself and By Mr. SCHUMER (for himself, Mr. 8249–2) received on February 7, 2007; to the Mr. ISAKSON): ROBERTS, Mr. NELSON of Florida, Mrs. Committee on Environment and Public S. 546. A bill to amend title XXI of the So- DOLE, Ms. STABENOW, and Mr. KYL): Works. cial Security Act to make available addi- S. 557. A bill to amend the Internal Rev- EC–738. A communication from the Board tional amounts to address funding shortfalls enue Code of 1986 to make permanent the de- Members, Railroad Retirement Board, trans- in the State Children’s Health Insurance preciation classification of motorsports en- mitting, pursuant to law, a report relative to Program for fiscal year 2007; to the Com- tertainment complexes; to the Committee on the justification of its budget estimates for mittee on Finance. Finance. fiscal year 2008; to the Committee on Health, By Mr. VOINOVICH (for himself, Mr. By Mr. DOMENICI (for himself, Mr. Education, Labor, and Pensions. AKAKA, Mr. LEVIN, and Mrs. KENNEDY, Mr. ENZI, Mr. BROWN, Mr. EC–739. A communication from the Inspec- MCCASKILL): SMITH, Mr. FEINGOLD, Mr. COLEMAN, tor General, Railroad Retirement Board, S. 547. A bill to establish a Deputy Sec- Mr. LAUTENBERG, Mr. WARNER, Mrs. transmitting, pursuant to law, the Office’s retary of Homeland Security for Manage- BOXER, Ms. MURKOWSKI, Mr. AKAKA, budget request for fiscal year 2008; to the ment, and for other purposes; to the Com- Mr. ROBERTS, Mr. CARDIN, Mr. HATCH, Committee on Health, Education, Labor, and mittee on Homeland Security and Govern- Ms. CANTWELL, Ms. COLLINS, Ms. Pensions. mental Affairs. STABENOW, Ms. SNOWE, Mr. BIDEN, EN EC–740. A communication from the Direc- By Mr. LEAHY (for himself, Mr. B - Mr. GRAHAM, and Mr. NELSON of Ne- tor, Office of Personnel Management, trans- NETT, Ms. CANTWELL, Mr. CARDIN, Mr. braska): mitting, a report of proposed legislation rel- COCHRAN, Mr. COLEMAN, Mr. CONRAD, S. 558. A bill to provide parity between ative to making corrections to the process Mr. DODD, Mr. DOMENICI, Mr. DURBIN, health insurance coverage of mental health for certification of Federal agencies’ per- Mrs. FEINSTEIN, Mr. KENNEDY, Mr. benefits and benefits for medical and sur- formance appraisal systems; to the Com- KERRY, Mr. LIEBERMAN, Mr. SANDERS, gical services; to the Committee on Health, mittee on Homeland Security and Govern- Mr. SCHUMER, and Mr. STEVENS): Education, Labor, and Pensions. mental Affairs. S. 548. A bill to amend the Internal Rev- EC–741. A communication from the Direc- enue Code of 1986 to provide that a deduction f tor, Office of Personnel Management, trans- equal to fair market value shall be allowed for charitable contributions of literary, mu- SUBMISSION OF CONCURRENT AND mitting, pursuant to law, the Office’s Annual SENATE RESOLUTIONS Privacy Activity Report for 2006; to the Com- sical, artistic, or scholarly compositions cre- mittee on Homeland Security and Govern- ated by the donor; to the Committee on Fi- The following concurrent resolutions mental Affairs. nance. and Senate resolutions were read, and EC–742. A communication from the Direc- By Mr. KENNEDY (for himself, Ms. referred (or acted upon), as indicated: SNOWE, Mr. REED, and Mr. BROWN): tor, Financial Management, Government Ac- By Mr. INHOFE (for himself and Mr. countability Office, transmitting, pursuant S. 549. A bill to amend the Federal Food, BROWNBACK): to law, the annual report of the Comptrol- Drug, and Cosmetic Act to preserve the effectiveness of medically important anti- S. Res. 77. A resolution expressing support lers’ General Retirement System for fiscal for the Transitional Federal Government of year 2006; to the Committee on Homeland Se- biotics used in the treatment of human and animal diseases; to the Committee on the Somali Republic; to the Committee on curity and Governmental Affairs. Foreign Relations. EC–743. A communication from the General Health, Education, Labor, and Pensions. By Mrs. CLINTON (for herself, Mr. Counsel, Department of Defense, transmit- By Mr. AKAKA (for himself, Mr. REID, Mr. KENNEDY, Mr. SCHUMER, ting a report of proposed legislation entitled VOINOVICH, and Mr. LIEBERMAN): S. 550. A bill to preserve existing judge- Ms. MIKULSKI, Mr. CARDIN, Mr. ‘‘National Defense Authorization Bill for ships on the Superior Court of the District of LIEBERMAN, Mr. BROWN, Mr. KERRY, Fiscal Year 2008’’; to the Committee on Columbia; to the Committee on Homeland Mr. LUGAR, Mr. SANDERS, Mr. CRAPO, Armed Services. Security and Governmental Affairs. Mr. MENENDEZ, Ms. LANDRIEU, Ms. f By Mr. ROBERTS (for himself, Mr. CANTWELL, Mr. LEVIN, Mr. REPORTS OF COMMITTEES NELSON of Nebraska, and Mr. WHITEHOUSE, Mr. DURBIN, Ms. ISAKSON): STABENOW, Mrs. BOXER, Mr. BIDEN, The following reports of committees S. 551. A bill to amend the Internal Rev- Mr. WEBB, Mr. BYRD, Mr. ROCKE- were submitted: enue Code of 1986 to provide a credit to cer- FELLER, Mr. STEVENS, Mr. WARNER, By Mr. LEAHY, from the Committee on tain agriculture-related businesses for the Mr. CASEY, and Mr. BAUCUS): the Judiciary, with an amendment: cost of protecting certain chemicals; to the S. Con. Res. 10. A concurrent resolution S. 214. A bill to amend chapter 35 of title Committee on Finance. honoring and praising the National Associa- 28, United States Code, to preserve the inde- By Ms. MURKOWSKI (for herself and tion for the Advancement of Colored People pendence of United States attorneys. Mr. STEVENS): on the occasion of its 98th anniversary; to S. 552. A bill to provide for the tax treat- the Committee on the Judiciary. f ment of income received in connection with INTRODUCTION OF BILLS AND the litigation concerning the Exxon Valdez f JOINT RESOLUTIONS oil spill and for other purposes; to the Com- ADDITIONAL COSPONSORS mittee on Finance. The following bills and joint resolu- By Mr. DODD (for himself and Mr. S. 21 tions were introduced, read the first LIEBERMAN): At the request of Mr. REID, the name and second times by unanimous con- S. 553. A bill to amend the Wild and Scenic of the Senator from Vermont (Mr. Rivers Act to designate certain segments of sent, and referred as indicated: SANDERS) was added as a cosponsor of the Eightmile River in the State of Con- By Mr. NELSON of Nebraska (for him- necticut as components of the National Wild S. 21, a bill to expand access to preven- self, Mr. BUNNING, Ms. STABENOW, Ms. and Scenic Rivers System, and for other pur- tive health care services that help re- SNOWE, Mr. KERRY, Ms. COLLINS, Mr. poses; to the Committee on Energy and Nat- duce unintended pregnancy, reduce REED, Mrs. CLINTON, and Mr. MENEN- ural Resources. abortions, and improve access to wom- DEZ): By Mr. DORGAN: en’s health care. S. 543. A bill to improve Medicare bene- S. 554. A bill to reduce the Federal budget S. 52 ficiary access by extending the 60 percent deficit, and for other purposes; to the Com- compliance threshold used to determine mittee on Finance. At the request of Mr. ISAKSON, the whether a hospital or unit of a hospital is an By Ms. SNOWE (for herself, Mr. BOND, name of the Senator from North Caro- inpatient rehabilitation facility under the and Mr. BINGAMAN): lina (Mrs. DOLE) was added as a cospon- Medicare program; to the Committee on Fi- S. 555. A bill to amend the Internal Rev- sor of S. 52, a bill to amend the Ten- nance. enue Code of 1986 to allow small businesses nessee Valley Authority Act of 1933 to By Mr. ROBERTS (for himself, Mr. to set up simple cafeteria plans to provide NELSON of Nebraska, and Mr. nontaxable employee benefits to their em- increase the membership of the Board ISAKSON): ployees, to make changes in the require- of Directors and require that each S. 544. A bill to amend the Internal Rev- ments for cafeteria plans, flexible spending State in the service area of the Ten- enue Code of 1986 to provide a credit to cer- accounts, and benefits provided under such nessee Valley Authority be represented tain agriculture-related businesses for the plans or accounts, and for other purposes; to by at least 1 member. cost of protecting certain chemicals; to the the Committee on Finance. S. 98 Committee on Finance. By Mr. KENNEDY (for himself, Mr. ERRY By Mr. LOTT: ENZI, Mr. DODD, and Mr. ALEXANDER): At the request of Mr. K , the S. 545. A bill to improve consumer access S. 556. A bill to reauthorize the Head Start name of the Senator from Maryland to passenger vehicle loss data held by insur- Act, and for other purposes; to the Com- (Mr. CARDIN) was added as a cosponsor

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.023 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1849 of S. 98, a bill to foster the develop- ships and S corporations to elect tax- S. 432 ment of minority-owned small busi- able years other than required years. At the request of Mrs. LINCOLN, the nesses. S. 304 name of the Senator from North Caro- S. 117 At the request of Mr. VOINOVICH, the lina (Mr. BURR) was added as a cospon- At the request of Mr. OBAMA, the name of the Senator from Georgia (Mr. sor of S. 432, a bill to amend title XVIII names of the Senator from New York ISAKSON) was added as a cosponsor of S. of the Social Security Act to provide (Mr. SCHUMER), the Senator from Mary- 304, a bill to establish a commission to coverage for kidney disease education land (Ms. MIKULSKI), the Senator from develop legislation designed to reform services under the Medicare program, Massachusetts (Mr. KERRY), the Sen- tax policy and entitlement benefit pro- and for other purposes. ator from Delaware (Mr. BIDEN) and the grams and to ensure a sound fiscal fu- S. 450 Senator from Ohio (Mr. BROWN) were ture for the United States, and for At the request of Mr. ENSIGN, the added as cosponsors of S. 117, a bill to other purposes. names of the Senator from California amend titles 10 and 38, United States S. 326 (Mrs. BOXER) and the Senator from Code, to improve benefits and services At the request of Mrs. LINCOLN, the Iowa (Mr. HARKIN) were added as co- for members of the Armed Forces, vet- name of the Senator from Louisiana sponsors of S. 450, a bill to amend title erans of the Global War on Terrorism, (Mr. VITTER) was added as a cosponsor XVIII of the Social Security Act to re- and other veterans, to require reports of S. 326, a bill to amend the Internal peal the medicare outpatient rehabili- on the effects of the Global War on Ter- Revenue Code of 1986 to provide a spe- tation therapy caps. rorism, and for other purposes. cial period of limitation when uni- S. 466 S. 170 formed services retirement pay is re- At the request of Mr. ROCKEFELLER, At the request of Mr. ENSIGN, the duced as result of award of disability the name of the Senator from Maine name of the Senator from Georgia (Mr. compensation. (Ms. COLLINS) was added as a cosponsor ISAKSON) was added as a cosponsor of S. S. 329 of S. 466, a bill to amend title XVIII of 170, a bill to amend the Internal Rev- At the request of Mrs. LINCOLN, the the Social Security Act to provide for enue Code of 1986 to repeal the excise name of the Senator from New York coverage of an end-of-life planning con- tax on telephone and other commu- (Mrs. CLINTON) was added as a cospon- sultation as part of an initial preven- nications services. sor of S. 329, a bill to amend title XVIII tive physical examination under the S. 179 of the Social Security Act to provide Medicare program. At the request of Mr. ENSIGN, the coverage for cardiac rehabilitation and S. 494 name of the Senator from Ohio (Mr. pulmonary rehabilitation services. At the request of Mr. LUGAR, the VOINOVICH) was added as a cosponsor of S. 331 names of the Senator from Connecticut S. 179, a bill to amend title 10, United At the request of Mr. THUNE, the (Mr. DODD) and the Senator from Ohio States Code, to establish the position name of the Senator from North Da- (Mr. VOINOVICH) were added as cospon- of Deputy Secretary of Defense for kota (Mr. CONRAD) was added as a co- sors of S. 494, a bill to endorse further Management, and for other purposes. sponsor of S. 331, a bill to provide enlargement of the North Atlantic S. 206 grants from moneys collected from vio- Treaty Organization (NATO) and to fa- At the request of Mrs. FEINSTEIN, the lations of the corporate average fuel cilitate the timely admission of new names of the Senator from Massachu- economy program to be used to expand members to NATO, and for other pur- setts (Mr. KERRY) and the Senator from infrastructure necessary to increase poses. California (Mrs. BOXER) were added as the availability of alternative fuels. S. 496 cosponsors of S. 206, a bill to amend S. 402 At the request of Mr. VOINOVICH, the title II of the Social Security Act to re- At the request of Mrs. LINCOLN, the name of the Senator from West Vir- peal the Government pension offset and names of the Senator from Oklahoma ginia (Mr. ROCKEFELLER) was added as windfall elimination provisions. (Mr. COBURN) and the Senator from a cosponsor of S. 496, a bill to reauthor- S. 214 Alabama (Mr. SESSIONS) were added as ize and improve the program author- At the request of Mrs. FEINSTEIN, the cosponsors of S. 402, a bill to amend the ized by the Appalachian Regional De- names of the Senator from Pennsyl- Internal Revenue Code of 1986 to allow velopment Act of 1965. vania (Mr. SPECTER) and the Senator a deduction for qualified timber gains. S. RES. 33 from Washington (Ms. CANTWELL) were S. 407 At the request of Mr. LUGAR, the added as cosponsors of S. 214, a bill to At the request of Mrs. HUTCHISON, the names of the Senator from Georgia amend chapter 35 of title 28, United name of the Senator from Louisiana (Mr. ISAKSON) and the Senator from States Code, to preserve the independ- (Mr. VITTER) was added as a cosponsor South Carolina (Mr. DEMINT) were ence of United States attorneys. of S. 407, a bill to amend the Inter- added as cosponsors of S. Res. 33, a res- S. 238 modal Surface Transportation Effi- olution expressing the sense of the Sen- At the request of Mrs. FEINSTEIN, the ciency Act of 1991 to designate a por- ate that the United States should ex- name of the Senator from Arkansas tion of Interstate Route 14 as a high pand its relationship with the Republic (Mrs. LINCOLN) was added as a cospon- priority corridor, and for other pur- of Georgia by commencing negotia- sor of S. 238, a bill to amend title 18, poses. tions to enter into a free trade agree- United States Code, to limit the misuse S. 430 ment. of Social Security numbers, to estab- At the request of Mr. BOND, the name AMENDMENT NO. 242 lish criminal penalties for such misuse, of the Senator from New Hampshire At the request of Mr. BAUCUS, his and for other purposes. (Mr. SUNUNU) was added as a cosponsor name was withdrawn as a cosponsor of S. 261 of S. 430, a bill to amend title 10, amendment No. 242 intended to be pro- At the request of Ms. CANTWELL, the United States Code, to enhance the na- posed to H.J. Res. 20, a joint resolution names of the Senator from Minnesota tional defense through empowerment making further continuing appropria- (Mr. COLEMAN) and the Senator from of the Chief of the National Guard Bu- tions for the fiscal year 2007, and for Wisconsin (Mr. KOHL) were added as co- reau and the enhancement of the func- other purposes. sponsors of S. 261, a bill to amend title tions of the National Guard Bureau, AMENDMENT NO. 246 18, United States Code, to strengthen and for other purposes. At the request of Mr. MARTINEZ, the prohibitions against animal fighting, At the request of Mrs. MURRAY, her name of the Senator from Florida (Mr. and for other purposes. name was added as a cosponsor of S. NELSON) was added as a cosponsor of S. 270 430, supra. amendment No. 246 intended to be pro- At the request of Ms. SNOWE, the At the request of Mr. LEAHY, the posed to H.J. Res. 20, a joint resolution name of the Senator from Mississippi name of the Senator from West Vir- making further continuing appropria- (Mr. LOTT) was added as a cosponsor of ginia (Mr. BYRD) was added as a co- tions for the fiscal year 2007, and for S. 270, a bill to permit startup partner- sponsor of S. 430, supra. other purposes.

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.026 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1850 CONGRESSIONAL RECORD — SENATE February 12, 2007 AMENDMENT NO. 248 is scheduled to jump to 65 percent, with of the Secretary and Deputy Secretary At the request of Mr. MARTINEZ, the full 75-percent implementation sched- of DHS as the first-and second-highest name of the Senator from Alabama uled for July 2008. If legislative action ranking Department officials, respec- (Mr. SESSIONS) was added as a cospon- is not taken, IRFs will be forced to tively. The individual appointed as the sor of amendment No. 248 intended to turn away more and more patients in Deputy Secretary for Management be proposed to H.J. Res. 20, a joint res- order to operate as rehabilitation hos- would serve a five year term and be the olution making further continuing ap- pitals or units. By freezing the compli- third highest ranking official at the propriations for the fiscal year 2007, ance threshold at 60 percent and ending Department. A term would provide and for other purposes. the inconsistent and unpredictable use management continuity at the Depart- f of fiscal intermediaries’ local coverage ment during times of leadership transi- determinations, our efforts will ensure tion, such as following a presidential STATEMENTS ON INTRODUCED that patients across America will con- election. BILLS AND JOINT RESOLUTIONS tinue to have access to the rehabilita- The role and responsibilities of the By Mr. NELSON of Nebraska (for tive care they need. Deputy Secretary for Management himself, Mr. BUNNING, Ms. I am pleased a bipartisan group of would include serving as the Chief STABENOW, Ms. SNOWE, Mr. Senate Finance Committee; Health, Management Officer and principal ad- KERRY, Ms. COLLINS, Mr. REED, Education, Labor, and Pension Com- visor to the Secretary on the manage- Mrs. CLINTON, and Mr. MENEN- mittee; and Special Committee on ment of the Department. The Deputy DEZ): Aging members have joined me in sup- Secretary for Management would also S. 543. A bill to improve Medicare porting this legislation. In addition, be responsible for strategic and annual beneficiary access by extending the 60 the American Association of People performance planning, identification percent compliance threshold used to with Disabilities, the American Acad- and tracking of performance measures, determine whether a hospital or unit of emy of Physical Medicine and Reha- as well as the integration and trans- a hospital is an inpatient rehabilita- bilitation, the American Hospital Asso- formation process in support of home- tion facility under the Medicare pro- ciation, the American Medical Reha- land security operations and programs. gram; to the Committee on Finance. bilitation Providers Association, the The division of labor between the Mr. NELSON of Nebraska. Mr. Presi- Federation of American Hospitals, and Deputy Secretary and the new Deputy dent, today I am introducing the Pre- numerous other associations and advo- Secretary for Management will be serving Patient Access to Inpatient Re- cacy groups have endorsed our bill. similar to the leadership structure at habilitation Hospitals Act of 2007 to Just as I have heard from patients and the Office of Management and Budget. make changes to a rule issued by the medical providers who have experi- The Deputy Secretary will continue to Centers for Medicare and Medicaid enced problems with the 75-percent be the Secretary’s first assistant on all Services, CMS, which has restricted Rule, my colleagues and the members policy matters, while the newly cre- the ability of rehabilitation hospitals of these associations have witnessed ated Deputy Secretary for Management to provide critical care. the devastating effect this rule is hav- will be the Secretary’s principal advi- In my home State of Nebraska, Ma- ing on those who need this type of crit- sor on the development of sustained, donna Rehabilitation Hospital in Lin- ical care. long-term management strategies. coln is a nationally recognized premier I urge my colleagues to join Senators I offer this legislation today because rehabilitation facility offering special- JIM BUNNING, DEBBIE STABENOW, OLYM- of my belief that the existing Under ized programs and services for those PIA SNOWE, JOHN KERRY, SUSAN COL- Secretary position lacks sufficient au- who have suffered brain injuries, LINS, JACK REED, HILLARY CLINTON, thority to direct the type of sustained strokes, spinal cord injuries, and the ROBERT MENENDEZ and me in sup- leadership and overarching manage- latest care for cardiac, pulmonary, can- porting this important bill. My col- ment integration and transformation cer, pain, and joint replacement pa- leagues and I are determined to resolve strategy that is needed department- tients. If the CMS rule is not updated, this lingering problem and return med- wide. Madonna and other facilities will not ical necessity decisions back into the There continue to be significant be able to continue to offer critical hands of medical providers, while en- management challenges associated care to patients eager to restore their suring access to improved inpatient re- with integrating the Department of past health and physical function. habilitation care. The Preserving Pa- Homeland Security, whose creation When CMS first looked at whether fa- tient Access to Inpatient Rehabilita- represented the single largest restruc- cilities would qualify as inpatient re- tion Hospitals Act of 2007 is a top pri- turing of the Federal Government since habilitation facilities, IRFs, a list of ority, and I look forward to its passage the creation of the Department of De- criteria were created to determine eli- this year. fense in 1947. In addition to its complex gibility. The narrow criteria, generally mission of securing the Nation from referred to as the ‘‘75-percent rule,’’ By Mr. VOINOVICH (for himself, terrorism and natural hazards through were first established in 1984, but were Mr. AKAKA, Mr. LEVIN, and Mrs. protection, prevention, response, and never strictly enforced and ultimately MCCASKILL): recovery leadership of the Department suspended in 2002 due to inconsist- S. 547. A bill to establish a Deputy of Homeland Security has the enor- encies in accurately determining med- Secretary of Homeland Security for mous task of unifying 180,000 employ- ical necessity. Management, and for other purposes; ees from 22 disparate Federal agencies. Since establishing strict enforcement to the Committee on Homeland Secu- Since 2003, the Government Account- of the 75-percent rule in 2004, field data rity and Governmental Affairs. ability Office (GAO) has included im- estimates that as many as 88,000 Medi- Mr. VOINOVICH. Mr. President, I plementing and transforming the De- care patients have been denied critical rise today to introduce legislation with partment of Homeland Security on its IRF services. The rule will, by CMS’s my good friend and partner on the high-risk list of programs susceptible own estimate, shift thousands of pa- Oversight of Government Management to waste, fraud, abuse, and mismanage- tients both Medicare and non-Medicare Subcommittee, Senator AKAKA, to ad- ment. In announcing its 2007 high-risk into alternative care settings which dress the critical management chal- list, Comptroller General Walker said may be inappropriate and inadequate. lenges facing the Department of Home- that, ‘‘The array of management and Bipartisan Congressional efforts have land Security (DHS). I am pleased to programmatic challenges continues to repeatedly petitioned both the U.S. De- have Senators LEVIN and MCCASKILL as limit DHS’s ability to carry out its partment of Health and Human Serv- original cosponsors of this measure. roles under the National Homeland Se- ices and CMS for cooperation in avert- The legislation would elevate the curity Strategy in an effective risking an escalation of the 75-percent role and responsibilities of the current based way.’’ threshold, which currently stands at 60 Under Secretary for Management of Similarly, in December 2005, the DHS percent. the Department to a Deputy Secretary Inspector General issued a report warn- For cost-reporting periods beginning of Homeland Security for Management. ing of major management challenges July 1, 2007, the compliance threshold The language preserves the authority facing the Department of Homeland

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.027 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1851 Security. The report noted that al- With the four year anniversary of the the stovepipe style of management at though progress has been made since Department only weeks away, we must DoD. the Department’s inception, ‘‘Inte- be honest about the remaining manage- A Deputy Secretary for Management grating its many separate components ment challenges it faces. The legisla- would bring needed attention to man- in a single, effective, efficient, and eco- tion I offer today provides the focused, agement issues and transformational nomical Department remains one of high-level attention that will result in change; would integrate various key DHS’ biggest challenges.’’ effective management reform. I believe operational and transformation efforts; The Department’s own Performance this legislation is vital to the Depart- and would institutionalize account- and Accountability Report, released in ment’s success. I urge my colleagues to ability for addressing management November 2006, states that it did not join me in supporting this legislation. issues and leading change. Our bill en- meet its strategic goal of ‘‘providing Mr. AKAKA. Mr. President, I am ex- hances, not diminishes, the ability of comprehensive leadership and manage- tremely pleased to join with my good the Secretary and Deputy Secretary of ment to improve the efficiency and ef- friend, the senior Senator from Ohio, in DHS to focus on policy decisions while fectiveness of the Department,’’ fur- reintroducing legislation today to es- leaving the management efforts to the ther underscoring the need for good tablish a Deputy Secretary for Manage- Deputy Secretary for Management. It management. ment who would be the chief manage- is good business practice to have one The Homeland Security Advisory ment officer at the Department of individual responsible for integrating Council Culture Task Force Report, Homeland Security (DHS). I am espe- strategic plans and overseeing change. published in January 2007, detailed per- cially pleased that we are joined by I would like to note that the Home- sisting organizational challenges with- two of our colleagues on the Homeland land Security Advisory Council, estab- in DHS, and prescribed leadership and Security and Governmental Affairs lished to advise and make rec- management models designed to em- Committee, Senator LEVIN, who is also ommendations to the Secretary of the power employees, foster collaboration, the chairman of the Armed Services Department of Homeland Security, cre- and encourage innovation. The third Committee, and Senator MCCASKILL. ated a Culture Task Force (CTF) at the recommendation of the report is that The Department of Homeland Secu- request of Secretary Chertoff in June the Department establish an oper- rity continues to face serious chal- 2006. The CTF issued its recommenda- ational leadership position. The report lenges, some of which stem from inte- tions to the Secretary last month. The noted, ‘‘Alignment and integration of grating 22 separate entities with exist- January 2007 Report of the Homeland the DHS component organizations is ing management problems into one Security Culture Task Force rec- vital to the success of the DHS mis- agency. Such a broad, large-scale ommends establishing an operational sion. The CTF believes there is a com- merger is why the Government Ac- leadership position, ‘‘who would report pelling need for the creation of a Dep- countability Office (GAO) continues to to the Secretary and be responsible for uty Secretary for Operations (DSO) place DHS on the GAO High-Risk List. the high level Department-wide meas- who would report to the Secretary and Our bill would assign overall manage- ures aimed at generating and sus- be responsible for the high level De- ment responsibilities to one individual taining operational integration and partment-wide measures aimed at gen- who would be accountable for leading alignment of the component organiza- erating and sustaining seamless oper- and instituting change. A Deputy Sec- tions.’’ ational integration and alignment of retary for Management would provide Congress has a responsibility to en- the component organizations.’’ the leadership necessary to move for- sure that agencies are instituting The creation of the Deputy Secretary ward and sustain these needed changes. sound management practices that will for Management will help address the This presidentially appointed and Sen- empower agencies to spend taxpayer concerns outlined by GAO, the DHS In- ate-confirmed individual, who will dollars more wisely while carrying out spector General, the Homeland Secu- have a term of office of five years, critical missions. A fully accountable rity Advisory Council, and the Depart- would serve as a bridge between polit- chief management officer at DHS will ment itself. ical appointees and career employees. make the difference by ensuring strong As former Chairman and now Rank- Changing agency culture is difficult leadership over essential government ing Member of the Oversight of Govern- and takes time. As Comptroller Gen- programs. ment Management Subcommittee, im- eral David Walker notes, successful proving the management structure at transformation initiatives in large pri- By Mr. LEAHY (for himself, Mr. the Department has been one of my top vate and public sector organizations BENNETT, Ms. CANTWELL, Mr. priorities. The Subcommittee’s Chair- can take at least five to seven years. CARDIN, Mr. COCHRAN, Mr. man, Senator AKAKA, and I have been In addition to serving as chairman of COLEMAN, Mr. CONRAD, Mr. committed to ensuring that DHS has Oversight of Government Management DODD, Mr. DOMENICI, Mr. DUR- the proper tools to make continual im- Subcommittee, I am also the chairman BIN, Mrs. FEINSTEIN, Mr. KEN- provements in its operations. It has be- of the Armed Services Readiness and NEDY, Mr. KERRY, Mr. come clear that the Department needs Management Support Subcommittee, LIEBERMAN, Mr. SANDERS, Mr. a stronger management focus to enable and I have witnessed firsthand how the SCHUMER, and Mr. STEVENS): programmatic and operational success. Department of Defense (DoD) continues S. 548, A bill amend the Internal Rev- Congress must act to strengthen the to struggle with business moderniza- enue code of 1986 to provide that a de- management function at DHS. tion despite clear congressional direc- duction equal to fair market value During my long career in public serv- tives to do so. We cannot afford to shall be allowed for charitable con- ice, including as a Mayor and Gov- allow the Department of Homeland Se- tributions of literary, musical, artistic, ernor, I have repeatedly observed that curity, which has an extremely com- or scholarly compositions created by the path to organizational success lies plex and critical mission, to be affected the donor, to the Committee on Fi- in adopting best practices in manage- by the same management problems fac- nance. ment, including strategic planning, ing DoD. Our bill is born out of our Mr. LEAHY. Mr. President, today we performance and accountability meas- concern and frustration that DHS is reintroduce the ‘‘Artist-Museum Part- ures, and effectively leveraging human not doing better. We believe elevating nership Act,’’ and once again, I am capital. When instituting reforms as the Under Secretary for Management pleased to be joined in this effort by Mayor and Governor, individuals to the Deputy Secretary level will pro- Senator BENNETT. This bipartisan leg- tasked with implementation would tell vide DHS the necessary tools needed to islation would enable our country to me, ‘‘We don’t have time for Total avoid making the same mistakes as keep cherished art works in the United Quality Management; we are too busy DoD. Having a single focus for key States and to preserve them in our putting out fires.’’ I appreciate that management functions, such as human public institutions. At the same time, DHS is also busy putting out fires. But capital, financial management, infor- this legislation will erase an inequity the connection between good manage- mation technology, acquisition man- in our tax code that currently serves as ment practices and operational success agement, and performance manage- a disincentive for artists to donate should not be lost. ment are essential if DHS is to avoid their works to museums and libraries.

VerDate Aug 31 2005 05:27 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.028 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1852 CONGRESSIONAL RECORD — SENATE February 12, 2007 We have introduced this same bill in were taking advantage of the law by SEC. 2. CHARITABLE CONTRIBUTIONS OF CER- each of the past four Congresses. It was inflating the market value of self-cre- TAIN ITEMS CREATED BY THE TAX- PAYER. also included in the Senate-passed ated works. Since that time, however, version of the 2001 tax reconciliation the government has cut down signifi- (a) IN GENERAL.—Subsection (e) of section bill, the Senate-passed version of the cantly on the abuse of fair market 170 of the Internal Revenue Code of 1986 (relating to certain contributions of ordinary 2003 Charity Aid, Recovery, and Em- value determinations. income and capital gain property) is amend- powerment (CARE) Act, and the Sen- Under our legislation, artists who do- ed by adding at the end the following new ate-passed version of the 2005 tax rec- nate their own paintings, manuscripts, paragraph: onciliation bill. I would like to thank compositions, or scholarly composi- ‘‘(8) SPECIAL RULE FOR CERTAIN CONTRIBU- Senators CANTWELL, CARDIN, COCHRAN, tions would be subject to the same new TIONS OF LITERARY, MUSICAL, OR ARTISTIC COLEMAN, CONRAD, DODD, DOMENICI, rules that all taxpayer/collectors who COMPOSITIONS.— DURBIN, FEINSTEIN, KENNEDY, KERRY, donate such works must now follow. ‘‘(A) IN GENERAL.—In the case of a qualified LIEBERMAN, SANDERS, SCHUMER, and This includes providing relevant infor- artistic charitable contribution— ‘‘(i) the amount of such contribution shall STEVENS for cosponsoring this tri-par- mation as to the value of the gift, pro- tisan bill. be the fair market value of the property con- viding appraisals by qualified apprais- tributed (determined at the time of such con- Our bill is sensible and straight- ers, and, in some cases, subjecting tribution), and forward. It would allow artists, writers, them to review by the Internal Rev- ‘‘(ii) no reduction in the amount of such and composers to take a tax deduction enue Service’s Art Advisory Panel. contribution shall be made under paragraph equal to the fair market value of the In addition, donated works must be (1). works they donate to museums and li- accepted by museums and libraries, ‘‘(B) QUALIFIED ARTISTIC CHARITABLE CON- braries. This is something that collec- which often have strict criteria in TRIBUTION.—For purposes of this paragraph, the term ‘qualified artistic charitable con- tors who make similar donations are place for works they intend to display. already able to do. Under current law, tribution’ means a charitable contribution of The institution must certify that it in- any literary, musical, artistic, or scholarly artists who donate self-created works tends to put the work to a use that is composition, or similar property, or the are only able to deduct the cost of sup- related to the institution’s tax exempt copyright thereon (or both), but only if— plies such as canvas, pen, paper and status. For example, a painting con- ‘‘(i) such property was created by the per- ink, which does not even come close to tributed to an educational institution sonal efforts of the taxpayer making such their true value. This is unfair to art- must be used by that organization for contribution no less than 18 months prior to ists, and it hurts museums and librar- educational purposes and could not be such contribution, ‘‘(ii) the taxpayer— ies—large and small—that are dedi- sold by the institution for profit. Simi- cated to preserving works for pos- ‘‘(I) has received a qualified appraisal of larly, a work could not be donated to a the fair market value of such property in ac- terity. If we as a Nation want to ensure hospital or other charitable institution cordance with the regulations under this sec- that works of art created by living art- that did not intend to use the work in tion, and ists are available to the public in the a manner related to the function con- ‘‘(II) attaches to the taxpayer’s income tax future—for study and for pleasure—this stituting the recipient’s exemption return for the taxable year in which such is something that artists should be al- under Section 501 of the tax code. Fi- contribution was made a copy of such ap- lowed to do. nally, the fair market value of the praisal, In my State of Vermont, we are in- ‘‘(iii) the donee is an organization de- work could only be deducted from the scribed in subsection (b)(1)(A), credibly proud of the great works proportion of the artist’s income that has duced by hundreds of local artists who ‘‘(iv) the use of such property by the donee come from the sale of similar works or is related to the purpose or function consti- choose to live and work in the Green related activities. tuting the basis for the donee’s exemption Mountain State. Displaying their cre- This bill would also correct another under section 501 (or, in the case of a govern- ations in museums and libraries helps disparity in the tax treatment of self- mental unit, to any purpose or function de- develop a sense of pride among created works—how the same work is scribed under subsection (c)), Vermonters, and strengthens a bond ‘‘(v) the taxpayer receives from the donee a treated before and after an artist’s with Vermont, its landscape, its beau- written statement representing that the death. While living artists may only ty, and its cultural heritage. Anyone donee’s use of the property will be in accord- deduct the material costs of donations, who has contemplated a painting in a ance with the provisions of clause (iv), and donations of those same works after ‘‘(vi) the written appraisal referred to in museum or examined an original death are deductible from estate taxes clause (ii) includes evidence of the extent (if manuscript or composition, and has at the fair market value of the work. any) to which property created by the per- gained a greater understanding of both In addition, when an artist dies, works sonal efforts of the taxpayer and of the same the artist and the subject as a result, that are part of his or her estate are type as the donated property is or has been— knows the tremendous value of these ‘‘(I) owned, maintained, and displayed by taxed on the fair market value. works. I would like to see more of organizations described in subsection I want to thank my colleagues again them, not fewer, preserved in Vermont (b)(1)(A), and for cosponsoring this bipartisan legis- and across the country. ‘‘(II) sold to or exchanged by persons other Prior to 1969, artists and collectors lation. The time has come for us to than the taxpayer, donee, or any related person (as defined in section 465(b)(3)(C)). alike were able to take a deduction correct an unintended consequence of ‘‘(C) MAXIMUM DOLLAR LIMITATION; NO CAR- equivalent to the fair market value of the 1969 law and encourage rather than discourage the donations of art works RYOVER OF INCREASED DEDUCTION.—The in- a work, but Congress changed the law crease in the deduction under this section by with respect to artists in the Tax Re- by their creators. This bill will make a reason of this paragraph for any taxable form Act of 1969. Since then, fewer and crucial difference in an artist’s deci- year— fewer artists have donated their works sion to donate his or her work, rather ‘‘(i) shall not exceed the artistic adjusted to museums and cultural institutions. than sell it to a private party where it gross income of the taxpayer for such tax- For example, prior to the enactment of may become lost to the public forever. able year, and ‘‘(ii) shall not be taken into account in de- the 1969 law, Igor Stravinsky planned I ask unanimous consent that the text of the bill be printed in the termining the amount which may be carried to donate his papers to the Music Divi- from such taxable year under subsection (d). RECORD. sion of the Library of Congress. But ‘‘(D) ARTISTIC ADJUSTED GROSS INCOME.— after the law passed, his papers were There being no objection, the text of For purposes of this paragraph, the term ‘ar- sold instead to a private foundation in the bill was ordered to be printed in tistic adjusted gross income’ means that por- Switzerland. We can no longer afford the RECORD, as follows: tion of the adjusted gross income of the tax- this massive loss to our cultural herit- S. 548 payer for the taxable year attributable to— age. Losses to the public like this are ‘‘(i) income from the sale or use of prop- Be it enacted by the Senate and House of Rep- erty created by the personal efforts of the an unintended consequence of the 1969 resentatives of the United States of America in taxpayer which is of the same type as the do- tax bill that should be corrected. Congress assembled, nated property, and Congress changed the law for artists SECTION 1. SHORT TITLE. ‘‘(ii) income from teaching, lecturing, per- more than 30 years ago in response to This Act may be cited as the ‘‘Artist-Mu- forming, or similar activity with respect to the perception that some taxpayers seum Partnership Act’’. property described in clause (i).

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.025 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1853 ‘‘(E) PARAGRAPH NOT TO APPLY TO CERTAIN development of antibiotic-resistant These results have encouraged clini- CONTRIBUTIONS.—Subparagraph (A) shall not bacteria that can make infections in cians and researchers to call for a simi- apply to any charitable contribution of any humans difficult or impossible to treat. lar ban in the United States. The title letter, memorandum, or similar property In 1998—nine years ago—a report pre- of an editorial in the New England which was written, prepared, or produced by pared at the request of the Department or for an individual while the individual is Journal of Medicine 6 years ago said it an officer or employee of any person (includ- of Agriculture and the Food and Drug all: ‘‘Antimicrobial Use in Animal ing any government agency or instrumen- Administration by the National Acad- Feed—Time to Stop.’’ tality) unless such letter, memorandum, or emy of Sciences, concluded: ‘‘There is a In the last Congress, over 350 organi- similar property is entirely personal. link between the use of antibiotics in zations representing scientific and ‘‘(F) COPYRIGHT TREATED AS SEPARATE food animals, the development of bac- medical associations, consumer and en- PROPERTY FOR PARTIAL INTEREST RULE.—In terial resistance to these drugs, and vironmental groups as well as animal the case of a qualified artistic charitable human disease.’’ The World Health Or- rights and religious groups endorsed contribution, the tangible literary, musical, ganization has specifically rec- this legislation and called for an end to artistic, or scholarly composition, or similar property and the copyright on such work ommended that antibiotics used to the reckless and irresponsible use of shall be treated as separate properties for treat humans should not be used to these critically important medicines. purposes of this paragraph and subsection promote animal growth, although they The Nation is clearly at risk of an (f)(3).’’. could still be used to treat sick ani- epidemic outbreak of food poisoning (b) EFFECTIVE DATE.—The amendment mals. caused by drug-resistant bacteria or made by this section shall apply to contribu- In 2001, a Federal interagency task other germs. In recent years, many nations made after the date of the enactment force on antibiotic resistance con- tions, including the United States, of this Act in taxable years ending after such cluded that ‘‘drug-resistant pathogens have been plagued by outbreaks of date. are a growing menace to all people, re- food-borne illnesses. Imagine the con- By Mr. KENNEDY (for himself, gardless of age, gender, or socio-eco- sequences of an outbreak caused by a Ms. SNOWE, Mr. REED, and Mr. nomic background. If we do not act to strain of bacteria immune to any drugs BROWN): address the problem . . . [d]rug choices we have. It is time to put public safety S. 549. A bill to amend the Federal for the treatment of common infec- first and stop this promiscuous use of Food, Drug, and Cosmetic Act to pre- tions will become increasingly limited drugs essential for protecting human serve the effectiveness of medically im- and expensive—and, in some cases, health. portant antibiotics used in the treat- nonexistent.’’ The bill we are introducing will ment of human and animal diseases; to The Union of Concerned Scientists phase out the non-therapeutic use in the Committee on Health, Education, estimates that 70 percent of all U.S. livestock of medically important anti- Labor, and Pensions. antibiotics are used nontherapeutically biotics, unless manufacturers can dem- Mr. KENNEDY. Mr. President, it is a in animal agriculture—8 times more onstrate that such use is no danger to privilege to join Senator SNOWE in in- than are used in all of human medicine. public health. The Act applies this troducing ‘‘The Preservation of Anti- This indiscriminate use clearly reduces same strict standard to applications biotics for Medical Treatment Act of their potency. for approval of new animal antibiotics. 2007.’’ I am also pleased that this year Major medical associations have been Such use is not restricted if the ani- we are joined by Senator SHERROD increasingly concerned, and have taken mals are sick, or if they are pets or are BROWN, who championed this legisla- strong stands against antibiotic use in animals not used for food. In addition, tion so ably as a member of the House animal agriculture. In June 2001, the FDA is also given authority to restrict of Representatives. American Medical Association adopted the use of important drugs to treat Our goal in this important initiative a resolution opposing nontherapeutic such animals, if risk to humans is in is to take needed action to preserve the use of antibiotics in animals. Other question. effectiveness of antibiotics in treating professional medical organizations According to the National Academy diseases. These drugs are truly modern that have taken similar stands include of Sciences, eliminating the use of medical miracles. During World War II, the American College of Preventive antibiotics as feed additives in agri- the newly developed ‘‘wonder drug’’ Medicine, the American Public Health culture will cost each American con- penicillin revolutionized care for our Association, and the Council of State sumer not more than five to ten dollars soldiers wounded in battle. Since then, and Territorial Epidemiologists. The a year. The legislation recognizes, how- such drugs have become indispensable legislation we are offering has been ever, that economic costs to farmers in in modern medicine, protecting all of strongly endorsed by the American making the transition to antibiotic- us from deadly infections. They are Public Health Association and numer- free practices may be substantial. In even more valuable today, safe- ous other groups and independent ex- such cases, the Act provides for Fed- guarding the Nation from the threat of perts in the field. eral payments to defray the cost of bioterrorism. Ending the current detrimental prac- shifting to antibiotic-free practices, Unfortunately, in recent years, we tice is feasible and cost-effective. Last with special preference for family have done too little to prevent the month an economic study by research- farms. emergence of antibiotic-resistant ers at Johns Hopkins University exam- Antibiotics are one of the great mir- strains of bacteria and other germs, ined data from the poultry producer acles of modem medicine. Yet today, and many of our most powerful drugs Perdue. In this study of 7 million we are destroying them faster than the are no longer effective. chickens, the slight benefit from the pharmaceutical industry can replace Partly, the resistance is the result of nontherapeutic use of antibiotics was them with new discoveries. If doctors over-prescribing such drugs in routine more than offset by the cost of pur- lose these vital medications, the most medical care. Mounting evidence shows chasing antibiotics. vulnerable Americans will suffer the that indiscriminate use of such drugs In fact, most of the developed coun- most—children, the elderly, persons in animal feed is also a major factor in tries in the world, except for the with HIV/AIDS, and others who are the development of antibiotic resistant United States and Canada, already re- most in danger of drug resistant infec- germs. strict the use of antibiotics to promote tions. I urge my colleagues to support Obviously, if animals are sick, growth in raising livestock. In 1999, the this clearly needed legislation to pro- whether as pets or livestock, they European Union banned such use, and tect the health of all Americans from should be treated with the best veteri- funds saved on drugs have been in- the reckless and unjustified use of anti- nary medications available. That is not vested in improving hygiene and ani- biotics. the problem. The problem is the wide- mal husbandry practices. Researchers Ms. SNOWE. Mr. President, today we spread use of antibiotics to promote in Denmark found a dramatic decline face concerns about infectious disease growth and fatten healthy livestock. in the number of drug-resistant orga- which few could have anticipated. Over Such nontherapeutic use clearly under- nisms in animals—and no significant a half century ago, following the devel- mines the effectiveness of these impor- increase in animal diseases or con- opment of modem antibiotics, Nobel tant drugs, because it leads to greater sumer prices. Laureate Sir McFarland Burnet

VerDate Aug 31 2005 05:27 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.030 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1854 CONGRESSIONAL RECORD — SENATE February 12, 2007 summed up what many experts be- Substantial efforts must be made to S. 550. A bill to preserve existing lieved when he stated, ‘‘One can think decrease inappropriate overuse of anti- judgeships on the Superior Court of the of the middle of the twentieth century biotics in animals and agriculture. District of Columbia; to the Committee as the end of one of the most important Two years ago five major medical on Homeland Security and Govern- social revolutions in history, the vir- and environmental groups—the Amer- mental Affairs. tual elimination of infectious diseases ican Academy of Pediatrics, the Amer- Mr. AKAKA. Mr. President, today I as a significant factor in social life.’’ ican Public Health Association, Envi- rise to introduce legislation that would How things have changed! Today we ronmental Defense, the Food Animal preserve existing seats on the District face grave concern about pandemic in- Concerns Trust and the Union of Con- of Columbia Superior Court. I am fluenza, and in fact every day many of cerned Scientists—jointly filed a for- pleased that Senators VOINOVICH and the most serious health threats come mal regulatory petition with the U.S. LIEBERMAN are joining me in this ef- from infectious diseases. When we con- Food and Drug Administration urging fort. sider the greatest killers—HIV, tuber- the agency to withdraw approvals for As my colleagues know, the Superior culosis, malaria—it is clear that infec- seven classes of antibiotics which are Court is the trial court of general juris- tious diseases have not abated. At the used as agricultural feed additives. diction over local matters in the Dis- same time we have seen an alarming They pointed out what we have known trict of Columbia. When a vacancy on trend as existing antibiotics are be- for years—that antibiotics which are the court occurs, the District of Co- coming less effective in treating infec- crucial to treating human disease lumbia Judicial Nominations Commis- tions. We know that resistance to should never be used except for their sion solicits applicants to fill the va- drugs can be developed, and that the intended purpose—to treat disease. cancy and sends three names to the more we expose bacteria to antibiotics, In a study reported in the New Eng- President. The President then selects the more resistance we will see. So it is land Journal of Medicine, researchers one candidate and sends the individ- critical to address preserving lifesaving at the Centers for Disease Control and ual’s nomination to the Senate for con- antibiotic drugs for use in treating dis- Prevention found 17 percent of drug-re- firmation. Existing law caps the total ease. sistant staph infections had no appar- number of judges on the Superior Court Today over nine out of ten Ameri- ent links to health-care settings. Near- at 59. cans understand that resistance to ly one in five of these resistant infec- However, the District of Columbia antibiotics is a problem. Most Ameri- tions arose in the community—not in Family Court Act of 2001 created three cans have learned that that colds and the health care setting. We must do new seats for the Family Court, which flu are caused by viruses, and recognize more to address inappropriate anti- is a division of the Superior Court, but that treating a cold with an antibiotic biotic use in medicine, the use of these failed to increase the overall cap on is inappropriate. Our health care pro- drugs in our environment cannot be ig- the number of judges seated on the viders are more careful to discriminate nored. court. As a result, three existing seats when to use antibiotics, because they This is why I have joined with Sen- in the other divisions of the court—in- know that when a patient who has been ator KENNEDY in again introducing the cluding the criminal, civil, probate, inappropriately prescribed an anti- ‘‘Preservation of Antibiotics for Med- and tax divisions—were effectively biotic actually develops a bacterial in- ical Treatment Act’’. This bill phases eliminated. Therefore, when vacancies fection, it is more likely to be resistant out the nontherapeutic uses of critical in those divisions occur, new judges to treatment. medically important antibiotics in cannot be seated. When we overuse antibiotics, we risk livestock and poultry production, un- Ever since the Family Court Act be- eliminating the very cures which sci- less their manufacturers can show that came law, the Homeland Security and entists fought so hard to develop. The they pose no danger to public health. Governmental Affairs Committee and Our legislation requires the Food and threat of bioterrorism amplifies the the Senate has been in the untenable Drug Administration to withdraw the danger. I have supported increased NIH position of delaying the confirmation approval for nontherapeutic agricul- research funding, as well as Bioshield of judicial nominees when the cap has tural use of antibiotics in food-pro- legislation, in order to promote devel- been reached. The end result is that ducing animals if the antibiotic is used opment of essential drugs, both to ad- residents of DC will face delay of jus- for treating human disease, unless the dress natural and man-made threats. It tice due to a lack of judicial personnel. application is proven harmless within is so counterproductive to develop The bill we introduce today would two years. The same tough standard of antimicrobial drugs and see their mis- address this problem by amending the safety will apply to new applications use render them ineffective. DC Code to increase the cap on the for approval of animal antibiotics. Yet every day in America antibiotics number of associate judges on the Su- This legislation places no unreason- perior Court. Similar legislation intro- continue to be used in huge quantities able burden on producers. It does not for no treatment purpose whatsoever. I duced by my good friend Senator COL- restrict the use of antibiotics to treat LINS in both the 108th and 109th Ses- am speaking of the non-therapeutic use sick animals, or for that matter to of antibiotics in agriculture. Simply sions of Congress was favorably retreat pets and other animals not used ported by the Committee on Homeland put, the practice of feeding antibiotics for food. The Act authorizes Federal to healthy animals jeopardizes the ef- Security and Governmental Affairs and payments to small family farms to de- passed by the Senate. I urge my col- fectiveness of these medicines in treat- fray their costs, and it also establishes ing ill people and animals. leagues to once again support this im- research and demonstration programs portant legislation. Recognizing the public health threat that reduce the use of antibiotics in I ask unanimous consent that the caused by antibiotic resistance, Con- raising food-producing animals. The text of the legislation be printed in the gress in 2000 amended the Public Act also requires data collection from RECORD. Health Threats and Emergencies Act to manufacturers so that the types and There being no objection, the text of curb antibiotic overuse in human medi- amounts of antibiotics used in animals the bill was ordered to be printed in cine. Yet today, it is estimated that 70 can be monitored. the RECORD, as follows: percent of the antimicrobials used in As we are constantly reminded, the S. 550 the United States are fed to farm ani- discovery and development of a new Be it enacted by the Senate and House of Rep- mals for non-therapeutic purposes in- drug can require great time and excluding growth promotion, poor man- resentatives of the United States of America in pense. It is simply common sense that Congress assembled, agement practices and crowded, unsan- we preserve the use of the drugs which itary conditions. SECTION 1. COMPOSITION OF SUPERIOR COURT. we already have, and use them appro- Section 903 of title 11 of the District of Co- In March 2003, the National Acad- priately. I call on my colleagues to lumbia Code is amended by striking ‘‘fifty- emies of Sciences stated that a de- support us in this effort. eight’’ and inserting ‘‘61’’. crease in antimicrobial use in human medicine alone will not solve the prob- By Mr. AKAKA (for himself, Mr. By Ms. MURKOWSKI (for herself lem of drug resistance. VOINOVICH, and Mr. LIEBERMAN): and Mr. STEVENS):

VerDate Aug 31 2005 05:27 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.036 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1855 S. 552. A bill to provide for the tax S. 552 tribution is made on account of such taxable treatment of income received in con- Be it enacted by the Senate and House of Rep- year and is made not later than the time pre- nection with the litigation concerning resentatives of the United States of America in scribed by law for filing the return for such the Exxon Valdez oil spill and for other Congress assembled, taxable year (not including extensions there- SECTION 1. SHORT TITLE. of). purposes; to the Committee on Fi- (3) TREATMENT OF CONTRIBUTIONS TO ELIGI- nance. This Act may be cited as the ‘‘Exxon Valdez Oil Spill Tax Treatment Act’’. BLE RETIREMENT PLANS.—For purposes of the Ms. MURKOWSKI. Mr. President, I Internal Revenue Code of 1986, if a contribu- rise to introduce a bill that will help SEC. 2. TAX TREATMENT OF INCOME RECEIVED IN CONNECTION WITH THE EXXON tion is made pursuant to paragraph (1) with the commercial fishermen and others VALDEZ LITIGATION. respect to qualified settlement income, whose livelihoods were negatively im- (a) INCOME AVERAGING OF AMOUNTS RE- then— pacted by the Exxon Valdez oil spill. I CEIVED FROM THE EXXON VALDEZ LITIGA- (A) except as provided in paragraph (4)— (i) to the extent of such contribution, the am pleased to have Mr. STEVENS join TION.— qualified settlement income shall not be in- me in introducing this important legis- (1) IN GENERAL.—At the election of a qualified taxpayer who receives qualified settle- cluded in taxable income, and lation. (ii) for purposes of section 72 of such Code, The Exxon Valdez ran aground on ment income during a taxable year, the tax imposed by chapter 1 of the Internal Revenue such contribution shall not be considered to Bligh Reef on March 24, 1989, spilling 11 Code of 1986 for such taxable year shall be be investment in the contract, and million gallons of oil into Prince Wil- equal to the sum of— (B) the qualified taxpayer shall, to the ex- liam Sound in Alaska. A class action (A) the tax which would be imposed under tent of the amount of the contribution, be jury trial was held in Federal court in such chapter if— treated— Anchorage, AK, in 1994. The plaintiffs (i) no amount of elected qualified settle- (i) as having received the qualified settle- included 32,000 fishermen among others ment income were included in gross income ment income— for such year, and (I) in the case of a contribution to an indi- whose livelihoods were gravely affected vidual retirement plan (as defined under sec- by this disaster. The jury awarded $5 (ii) no deduction were allowed for such year for expenses (otherwise allowable as a tion 7701(a)(37) of such Code), in a distribu- billion in punitive damages to plain- deduction to the taxpayer for such year) at- tion described in section 408(d)(3) of such tiffs. The punitive damage award has tributable to such elected qualified settle- Code, and been on repeated appeal by the Exxon ment income, plus (II) in the case of any other eligible retire- Corporation since 1994. Many of the (B) the increase in tax under such chapter ment plan, in an eligible rollover distribu- original plaintiffs, possibly more than which would result if taxable income for tion (as defined under section 402(f)(2) of such 1,000 people, have already died. each of the years in the applicable period Code), and (ii) as having transferred the amount to Once the punitive damage award of were increased by an amount equal to the applicable fraction of the elected qualified the eligible retirement plan in a direct trust- the Exxon Valdez litigation is settled, ee to trustee transfer within 60 days of the many fishermen will receive payments settlement income reduced by any expenses (otherwise allowable as a deduction to the distribution. to reimburse them for fishing income taxpayer) attributable to such elected quali- (4) SPECIAL RULE FOR ROTH IRAS AND ROTH lost due to the environmental con- fied settlement income. 401(k)S.—For purposes of the Internal Rev- sequences of the Exxon Valdez oil spill. Any adjustment under this section for any enue Code of 1986, if a contribution is made The eventual settlement could be as taxable year shall be taken into account in pursuant to paragraph (1) with respect to much as several billion dollars. applying this section for any subsequent tax- qualified settlement income to a Roth IRA My bill gives the affected fishermen, able year. (as defined under section 408A(b) of such (2) COORDINATION WITH FARM INCOME AVER- Code) or as a designated Roth contribution as well as other plaintiffs in this case, to an applicable retirement plan (within the a fair shake when it comes to contribu- AGING.—If a qualified taxpayer makes an election with respect to any qualified settle- meaning of section 402A of such Code), tions to retirement plans and aver- ment income under paragraph (1) for any then— aging of income for tax purposes. taxable year, such taxpayer may not elect to (A) the qualified settlement income shall With respect to retirement plan con- treat such amount as elected farm income be includible in taxable income, and tributions, my bill increases the caps under section 1301 of the Internal Revenue (B) for purposes of section 72 of such Code, on both deductions and income for tra- Code of 1986. such contribution shall be considered to be ditional IRAs to the extent of the in- (3) DEFINITIONS.—For purposes of this sub- investment in the contract. (5) ELIGIBLE RETIREMENT PLAN.—For pur- come a plaintiff receives from the set- section— (A) APPLICABLE PERIOD.—The term ‘‘appli- pose of this subsection, the term ‘‘eligible re- tlement or judgment. Also, it allows tirement plan’’ has the meaning given such the plaintiffs to make contributions to cable period’’ means the period beginning on January 1, 1994, and ending on December 31 term under section 402(c)(8)(B) of the Inter- Roth IRAs and other retirement plans of the year in which the elected qualified nal Revenue Code of 1986. to the extent of the income received settlement income is received. (c) QUALIFIED SETTLEMENT INCOME NOT IN- from the settlement or judgment. (B) APPLICABLE FRACTION.—The term ‘‘ap- CLUDED IN SECA.—For purposes of chapter 2 Fishermen are currently allowed to plicable fraction’’ means the fraction the nu- of the Internal Revenue Code of 1986 and sec- average their income over three years merator of which is one and the denominator tion 211 of the Social Security Act, no por- due to the often inconsistent nature of of which is the number of years in the appli- tion of qualified settlement income received the fishing business. The litigation cable period. by a qualified taxpayer shall be treated as stemming from the Exxon Valdez oil (C) ELECTED QUALIFIED SETTLEMENT IN- self-employment income. COME.—The term ‘‘elected qualified settle- (d) QUALIFIED TAXPAYER.—For purposes of spill poses an even more unique situa- ment income’’ means so much of the taxable tion since fishermen and other plain- this section, the term ‘‘qualified taxpayer’’ income for the taxable year which is— means— tiffs have been waiting to receive lost (i) qualified settlement income, and (1) any plaintiff in the civil action In re income—in the form of a settlement or (ii) specified under the election under para- Exxon Valdez, No. 89–095–CV (HRH) (Consoli- judgment—since 1994. My bill allows graph (1). dated) (D. Alaska); or plaintiffs to average their income for (b) CONTRIBUTIONS OF AMOUNTS RECEIVED (2) any beneficiary of the estate of such a the period of time between December TO RETIREMENT ACCOUNTS.— plaintiff who— 31 of the year they receive the settle- (1) IN GENERAL.—Any qualified taxpayer (A) acquired the right to receive qualified who receives qualified settlement income settlement income from that plaintiff; and ment or judgment payment and Janu- during the taxable year may, at any time be- ary 1, 1994—the year of the original (B) was the spouse or an immediate rel- fore the end of the taxable year in which ative of that plaintiff. jury award in Federal court. such income was received, make one or more It is imperative that we address this contributions to an eligible retirement plan (e) QUALIFIED SETTLEMENT INCOME.—For important issue to help those affected of which such qualified taxpayer is a bene- purposes of this section, the term ‘‘qualified settlement income’’ means income received by the Exxon Valdez oil spill plan for ficiary in an aggregate amount not to exceed the amount of qualified settlement income (whether as lump sums or periodic pay- their retirement. ments) in connection with the civil action In I ask unanimous consent that the received during such year. (2) TIME WHEN CONTRIBUTIONS DEEMED re Exxon Valdez, No. 89–095–CV (HRH) (Con- text of the bill be printed in the MADE.—For purposes of paragraph (1), a solidated) (D. Alaska), including interest RECORD. qualified taxpayer shall be deemed to have (whether pre- or post judgment and whether There being no objection, the text of made a contribution to an eligible retire- related to a settlement or judgment). the bill was ordered to be printed in ment plan on the last day of the taxable year the RECORD, as follows: in which such income is received if the con- By Mr. DORGAN:

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.039 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1856 CONGRESSIONAL RECORD — SENATE February 12, 2007 S. 554. A bill to reduce the Federal can have a future that is clear and In one of his famous fireside chats, budget deficit, and for other purposes; bright. President Franklin D. Roosevelt de- to the Committee on Finance. To this end, I rise today to introduce scribed our obligation as citizens to Mr. DORGAN. Mr. President, this Na- legislation called the Act For Our Kids support our troops during times of war. tion was founded on the principle that that I hope will help spark a serious He said: the future matters more than the past. discussion in the U.S. Congress, and Not all of us can have the privilege of fight- It was the first Nation in the world so across our country, about putting the ing our enemies in distant parts of the world. conceived. The Founders took great Federal Government’s balance sheet Not all of us can have the privilege of work- pains to ensure that each generation back in order. This legislation provides ing in a munitions factory or a ship yard, or on the farms or in oil fields or mines, pro- would get a fresh start, free of the en- for a package of Federal spending cuts ducing the weapons or the raw materials cumbrances of the past. They abolished and more revenue that would raise that are needed by our armed forces. But primogeniture, entail, and hereditary nearly $76 billion the first full year and there is one front and one battle where ev- titles. Jefferson for one believed that some $205 billion over five years and eryone in the United States—every man, every twenty years or so, the books of every penny would be used to reduce woman and child—is in action. . . . That the Federal Government should be the Federal deficit! It is a real first front is right here at home, in our daily wiped clean, so that prior generations step in acting like we are serious about lives, in our daily tasks. Here at home everyone will have the privilege of making what- would not be able to fob their debts off fixing our fiscal policies and paying ever self-denial is necessary, not only to sup- upon later ones who would have no say our bills. ply our fighting men, but to keep the eco- in the matter. Last year on the Senate floor I spoke nomic structure of our country fortified and Over the last half dozen years, we about an agenda that Congress could be secure during the war and after the war. have done exactly what the Founders pursuing that would benefit all Ameri- The sentiments of President Roo- of this Nation did not intend. We have cans. Among other things, I said that sevelt’s remarks are truly lost on an heaped debt upon debt on the backs of two of our top priorities ought to be Administration that has borrowed our children and theirs—the very peo- paying our bills and taking care of our every dollar it has used to pay for the ple the Founders thought should be kids. Regrettably, however, the admin- war in Iraq and the global fight against free of such debts. In just about every istration and the majority in Congress terrorism. corner of government and policy, the at that time adopted a card credit men- I think the American public under- story has been the same—let’s have a tality to fiscal policy that would make stands that one of our obligations as party today, and let our kids and even the most aggressive credit card U.S. citizens is helping to defend this grandkids clean up the mess. We’ve companies blush. If a part of the Amer- country in whatever way is best. But done it with energy, the environment, ican dream is ensuring that one’s kids what we have been missing is leader- and, perhaps most of all, we have done and grandkids get at least the same op- ship and at least some measure of fis- it with the Federal budget. portunities that we had to climb the cal discipline in paying our war debt Just six years ago, we had our fiscal economic ladder to success, then the and getting other parts of our fiscal house in order. The government had Federal Government’s recent approach house in order. $5.6 trillion in projected surpluses be- to fiscal policy has been a full-blown It is unfair to pile up this massive tween 2002 and 2011. We were paying nightmare. debt and heave it onto the shoulders of down the debt. But now it’s changed. Unless we change the direction of our working families and their children. We racked up the second largest deficit fiscal policy, the Federal Government The Federal Government is expected to in our history in 2003, our largest def- will ‘‘borrow’’ trillions of dollars of So- pay $3.3 trillion in interest payments icit ever in 2004, the third highest def- cial Security surplus revenues over the on the debt alone during the 10-year pe- icit in 2005 and the seventh largest def- next decade to pay for tax cuts and riod ending in 2017. The legislation I am introducing icit last year. other spending. Social Security faces The administration can claim to be today includes a number of proposals significant financial challenges as the that, taken together, would reduce the making progress only by leaving out of baby boomers retire in the years ahead. Federal deficit by my estimate $205 bil- its budget plans the full cost of the on- Loading up the country with more debt lion over the next five years. going war against terrorism, long term and diverting needed revenues away First and foremost, this bill requires relief from the alternative minimum from the Social Security program will Federal agencies to tighten their belts tax, using Social Security surplus reve- only make the program’s fiscal prob- by cutting their administrative over- nues for unrelated spending and by lems worse, not better. head expenses. Before we ask others to generally setting expectations so low The real question is how are we going make sacrifices needed to reduce the that even failure looks good by com- to dig ourselves out of this fiscal quag- Nation’s debt load, Federal agencies parison. But the reality, of course, is mire? The solution offered by the must do their part. unless the Nation’s fiscal policies are White House and the Republicans in My legislation includes other tar- dramatically changed, we are going to Congress was simple: They said let’s geted cuts in Federal spending and will see large deficits for many years in the run up our Federal credit card balances make changes to the tax code to ensure future. At the current rate the accu- even more, while at the same time giv- that the wealthiest Americans and mulated debt of this government will ing more large tax cuts to the richest most profitable multinational compa- grow from $8.6 trillion today to over Americans. nies that do business in this country $12 trillion by 2012. And if President Bush is successful in pay their fair share of taxes—revenues That projected debt is bigger than permanently extending the bulk of his that are needed to defend this Nation the economies of Japan, Germany, previous tax cuts that mostly benefit and keep our economy strong and France, the United Kingdom and Can- the wealthiest Americans, as he pro- growing. ada combined. It’s almost $39,000 for posed in his Fiscal Year 2008 budget Among other things, the Act For Our every man, woman and child in this submission just this week, another $2 Kids would do the following: Cut Fed- country. Meanwhile, the Administra- trillion in revenues will be lost over eral agency administrative overhead tion has provided big tax cuts for peo- the next decade. by 5 percent for fiscal years 2008 ple who use them to buy third homes, Frankly, I am not aware of any in- through 2012 and save taxpayers an es- pricey wines and three-hundred-dollar stance in the history of this great timated $30 billion. This proposal dungarees. This is Me-Generation eco- country where those in charge of the would reduce ‘‘nuts and bolts’’ expendi- nomics. It is economics that says, ‘‘Let Federal purse decided to cut revenues tures, including those relating to agen- others make the sacrifices while we on such a large scale while in the midst cy travel and transportation, adver- have a bash.’’ It is the total opposite of of war. Today we ask our young men tising, office supplies, conferences and the economics envisioned by the found- and women in uniform to sacrifice so equipment. These savings must come ers of this country, who said that we much, yet the wealthiest among us are from the bureaucracy, not programs. It should meet our own obligations, clean not asked to contribute even a portion is generally understood that adminis- up our own messes and pay our own of their tax cuts to what we are told trative expenses do not include per- way, so that those who come after us every day is a noble cause. sonnel compensation and benefits.

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.026 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1857 Eliminate $3.5 billion that remains in help address this crisis, while raising think it is a reasonable and balanced a giveaway fund in the Medicare drug an estimated $66 billion for deficit re- package of spending cuts and revenue plan. The 2003 Medicare drug bill in- duction. enhancements that offer a first install- cluded a $10 billion ‘‘slush’’ fund that Prevent tax avoidance for U.S. multi- ment that will help us begin a thought- the Secretary of the U.S. Department national companies that move profits ful process of curbing our addiction to of Health and Human Services could to offshore tax havens by generally deficit spending and hopefully head us tap to entice regional preferred pro- treating their controlled ‘‘paper or once again toward truly a balanced vider organizations (PPOs) to partici- shell’’ subsidiaries set up in foreign budget not counting Social Security pate in Medicare. This fund has been tax-haven countries as domestic com- surplus revenue that should be set roundly criticized by policy experts as panies for U.S. tax purposes. This pro- aside for future beneficiaries, and not an inappropriate use of Federal re- posal would save taxpayers another $5.8 used for unrelated spending. sources. The Senate has previously billion over five years. Garrison Keillor once said, ‘‘Nothing supported eliminating this fund alto- Repeal the perverse Federal tax sub- you do for children is ever wasted. gether and legislation enacted by Con- sidy called tax deferral for U.S. compa- They seem not to notice us, hovering, gress late last year used $6.5 billion of nies that shut down manufacturing averting our eyes, and they seldom the $10 billion in the fund for the physi- plants in the U.S. and move jobs offer thanks, but what we do for them cian payment fix. abroad, only to ship their now foreign- is never wasted.’’ I believe that one of Make drug importation legal and made products back into our country. the greatest gifts we can give for our safe. This will not only help consumers Killing this ill-advised tax break for kids is a future without a mountain of by reducing the cost they pay for pre- runaway manufacturing plants would debt from under which they may never scription drugs, but will save the Fed- help level the financial playing field dig out. To make this happen, however, eral Government and therefore tax- for domestic manufacturers while sav- we need to set aside our differences and payers an estimated $1.6 billion in Fed- ing taxpayers some $4.2 billion over a come together, Republicans and Demo- eral health program costs in the five five-year period. crats, conservatives and liberals alike, years after its enactment. Clarify and enhance the application and begin to confront our recent obses- Stop providing Federal funding for of the economic substance doctrine sion with debt financing. When we de- TV Marti broadcasts into Cuba that that courts apply to deny tax benefits cide to do so, our Nation will be better are jammed and therefore are not from business tax shelter transactions for it, and so will the future of our chil- watched by their intended recipients. that do not result in a meaningful dren. This provision would save U.S. tax- change to the taxpayer’s economic po- payers an estimated $100 million in the sition other than a reduction in their By Ms. SNOWE (for herself, Mr. next half decade. Federal income tax. This proposal BOND, and Mr. BINGAMAN): Restore honesty and accountability would save taxpayers an estimated $5.8 S. 555. A bill to amend the Internal in Federal contracting by, among other billion over the next five years. Revenue Code of 1986 to allow small things, reinstating a Federal rule that Rescind on a prospective basis a por- businesses to set up simple cafeteria would deny Federal contracts to com- tion of the major tax cuts passed by plans to provide nontaxable employee panies with a pattern of overcharging Congress since 2001 for individuals who benefits to their employees, to make the government or violating other Fed- are earning more than $1 million annu- changes in the requirements for cafe- eral laws, including tax, labor and con- ally. Providing some $90 billion in addi- teria plans, flexible spending accounts, sumer protections. Other provisions in tional large tax cuts over the next five and benefits provided under such plans the bill would crack down on corporate years for millionaires when the Nation or accounts, and for other purposes; to cheaters and require full disclosure of is still accruing massive debt and pay- the Committee on Finance. contracting abuses. It requires real ing ongoing war costs is irresponsible Ms. SNOWE. Mr. President, I rise contract competition, bans corporate in my judgment. today to introduce the ‘‘SIMPLE Cafe- cronyism and takes other significant Disallow the tax deduction for puni- teria Plan Act of 2007,’’ which will in- steps to ensure that Federal contrac- tive damages that are paid or incurred crease the access to quality, affordable tors. large or small, are not gouging by taxpayers as a result of a judgment health care for millions of small busi- American taxpayers. Based on informa- or in settlement of a claim. Allowing a ness owners and their employees. I am tion derived from similar experiences tax deduction for punitive damages un- pleased that my good friend Senator in the past, and more recently, one dermines the use of punitive damages BOND from Missouri, as well as my could easily expect these reforms to discourage and penalize the activi- good friend from New Mexico, Senator would save the Federal Government ties or actions for which punitive dam- BINGAMAN, have agreed to co-sponsor some $6 billion over a five-year period. ages are imposed. Making this change this critical piece of legislation. Abolish the U.S. Court of Federal would save taxpayers about $130 mil- Regrettably, our Nation’s healthcare Claims. The docket of the Court of Fed- lion over a 5-year period. system is in the midst of a crisis. Each eral Claims includes a hodgepodge of Lift the U.S. ban on travel to Cuba year, more and more Americans are un- cases, including patent cases, claims by U.S. citizens. Repealing this obso- able to purchase health insurance, and involving Indian property, vaccine in- lete and ineffective restriction on trav- there are no signs that things are im- jury cases, claims arising from the in- el to Cuba would raise an estimated $1 proving. As evidence, the United States terment of Japanese Americans, and billion in U.S. tax revenues over five Census Bureau estimates that nearly 47 cases arising under the Fifth Amend- years from increased U.S. business ac- million people did not have health in- ment’s takings clause. The light case- tivity. surance coverage in 2005. Sadly, this load of this court could be handled Extend permanently the Federal number rose from 41.2 million unin- more efficiently by Federal district Communications Commission’s (FCC’s) sured persons in 2001—a 13 percent in- courts. This elimination of the Claims authority to auction licenses to those crease. Court would result in additional tax- using the radio spectrum. This FCC au- The lack of health insurance is even payer savings of tens of millions of dol- thority was recently extended by Con- more troubling when we look specifi- lars over five years. gress through 2011. A permanent exten- cally at the small business sector of Impose a temporary 2 percent emer- sion of this authority would raise $1 our economy. In 2005, according to the gency tariff on all imports for two billion between 2012 to 2016, about $200 Employee Benefit Research Institute, a years to help correct our country’s million annually starting in 2012. non-partisan health policy group, near- $800-billion-plus trade deficit. Article The provisions I have highlighted ly 63 percent of all uninsured workers XII of the GATT, which has been incor- above and others in the bill would help were either self-employed or working porated into the World Trade Organiza- reduce the Federal debt by what I for private-sector firms with fewer tion, specifically allows member coun- roughly calculate is $205 billion over than 100 employees. In comparison, tries to impose tariffs to correct a bal- the next half decade. I understand that only 13.4 percent of workers in firms ance of payment crisis. Temporary this package does not fully cover our with more than 1,000 employees do not emergency tariffs over two years would outstanding debt obligations. But I have health insurance. These numbers

VerDate Aug 31 2005 05:27 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.027 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1858 CONGRESSIONAL RECORD — SENATE February 12, 2007 demonstrate that the majority of unin- non-highly compensated employees of abuse. I am confident that it will be sured Americans work for small enter- that they offer to their highly com- just as successful when it comes to prises. pensated employees. These rules strive broad-based benefits offered through So why are our Nation’s small busi- to ensure that non-highly compensated cafeteria plans. nesses, which are our country’s job cre- employees in fact receive a substantial In addition my bill will expand the ators and the true engine of our eco- portion of the employee benefits com- types of qualified benefits that can be nomic growth, so disadvantaged when panies provide. offered in SIMPLE cafeteria plans and it comes to purchasing health insur- Now, I want to be clear. I believe existing cafeteria plans. These modi- ance? that these non-discrimination rules fications will increase the benefits pro- The main reason that small business serve a legitimate purpose and are nec- vided for all employees and the likeli- owners do not offer their employees essary employee protections. Indeed, hood that employees will utilize their health insurance is because many of we need to ensure that employers are cafeteria plans to purchase these bene- them cannot afford to provide any not able to game the tax system so fits. health insurance, or other benefits to that the cafeteria plans that qualify This legislation modifies rules that their employees. Many other small for preferential tax treatment are used pertain to employer-provided depend- companies can only afford to pay a por- by a majority of a companies’ employ- ent-care assistance plans. First, it tion of their employees’ health insur- ees. At the same time these benefits would increase the current $5,000 an- ance premiums. As a result, many must be made available to small com- nual contribution limitation of these small business employees must acquire panies and not just large companies. plans to $10,000 for employees that health insurance from the private sec- Unfortunately, we often hear that claim two or more dependents on their tor rather than through their work small businesses lose skilled employees tax return. This increase is significant place. This more expensive alternative to larger companies simply because the because it will allow taxpayers to use is not practical or possible for the ma- bigger firm is able to offer a more gen- their cafeteria accounts to pay for the jority of the uninsured. erous employee benefit package. Many care of their children and their elderly Clearly, we have a problem on our small firms have relatively few em- dependent family members. As the cur- hands. While we can debate among our- ployees and a high proportion of own- rent baby-boomer generation continues selves why this crisis exists, and how ers or highly compensated individuals. to age, this scenario will become in- we ended up here, what is not open for Right now, if these small companies creasingly more common. The bill also works to address our debate is that we need to start identi- opened cafeteria plans they will likely aging populations’ need for long-term fying ways to fix the system. It is sim- violate the nondiscrimination rules, care insurance. Here in the United ply unconscionable to do nothing while and subject their workers and organi- States, nearly half of all seniors age 65 more and more Americans find them- zations to taxable penalties. or older will need long-term care at selves without health insurance and Consequently, many small companies some point in their life. Unfortunately, health care. simply forgo opening cafeteria plans most seniors have not adequately pre- Currently, many large companies, and offering more comprehensive em- pared for this possibility, just as many and even the Federal Government, ployee benefits because they fear they working age individuals have not given allow their employees to purchase will violate the non-discrimination much thought to their eventual long- health insurance, and other qualified rules. According to the Employers’ term care needs. With the cost of a pri- benefits, with tax-free dollars. Larger Council on Flexible Compensation, vate room in a nursing home averaging companies are able to offer these ac- though roughly 38 million U.S. workers more than $72,000 annually, many counts because they meet the specific had access to cafeteria plans, only 19 Americans risk losing their life sav- qualifications outlined in the tax code. percent of those workers were employ- ings—and jeopardizing their children’s Cafeteria plans is one means for em- ees of small businesses. inheritance—by failing to properly ployers to offer health benefits with Allowing small business to offer cafe- plan for the long-term care services pretax dollars. As the name suggests, teria plans would provide them with they will need as they grow older. cafeteria plans are programs where em- much needed employee recruiting and To address this problem, this bill ployees can purchase a range of quali- retention tools. If more small business would allow employees to purchase fied benefits. Specifically, cafeteria owners are able to offer their employ- long-term care insurance coverage plans offer employees great flexibility ees the chance to enjoy a variety of through their cafeteria plans and flexi- in selecting their desired benefits while employee benefits these firms will be ble spending arrangements. Allowing allowing them to disregard those bene- more likely to attract, recruit, and re- employers to offer long-term care benefits that do not fit their particular tain talented workers. This will ulti- fits through these accounts would needs. Moreover, the employees are mately increase their business output. make long-term care insurance more usually purchasing benefits at a lower In order to help small companies in- affordable and help Americans prepare cost because their employers are often crease their employees access to health for their future long-term care needs. able to obtain a reduced group rate insurance and other benefits, and help Additionally, by including long-term price for their benefits. them compete for talented profes- care insurance as a qualified benefit Typically, in cafeteria plans, a com- sionals, I am introducing the SIMPLE available for purchase in cafeteria bination of employer contributions and Cafeteria Plan Act. This bill will en- plans employers will be able to include employee contributions are used to able small business employees to pur- information about long-term care op- fund the accounts that employees used chase health insurance with tax-free tions in their employee benefit pack- to buy specific benefits. Under current dollars in the same way that many em- ages. This will help increase employee law, qualified benefits include health ployees of large companies already do understanding of the need to plan for insurance, dependent-care reimburse- in their cafeteria plans. My bill accom- their care while also increasing their ment, life and disability insurance. Un- plishes this by creating a SIMPLE Caf- access to long-term care insurance. fortunately, long term care insurance eteria Plan, which is modeled after the Small businesses are the backbone of is NOT currently a qualified benefit Savings Incentive Match Plan for Em- the American economy. According to available for purchase in cafeteria ployees, SIMPLE, pension plan. the Small Business Administration, plans. I will come back to long term As with the SIMPLE pension plan, a small businesses represent 99 percent of care insurance in a moment. small business employer that is willing all employers, pay more than 45 per- Clearly, cafeteria plans play a crit- to make a minimum contribution for cent of the private-sector’s payroll, and ical role in our Nation’s health care all employees, or who is willing to generated 60 to 80 percent of net new system. The problem though, is that in match contributions, will be permitted jobs annually over the last decade. It is order for companies to qualify for cafe- to waive the non-discrimination rules critical that small businesses are able teria plans they must satisfy the tax that currently prevent them from oth- to offer their employees cafeteria plans code’s strict non-discrimination rules. erwise offering these benefits. This so that they may purchase the health These rules exist to ensure that compa- structure has worked extraordinarily care and other benefits that will pro- nies offer the same benefits to their well in the pension area with little risk vide security for their families.

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.057 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1859 The ‘‘SIMPLE Cafeteria Plan Act of EES.—The requirements of subparagraph may only be taken into account if the em- 2007’’ achieves these objectives, in a (A)(i) shall not be treated as met if, under ployer was in existence throughout the year. manner that employers and employees the plan, the rate of matching contribution ‘‘(B) EMPLOYERS NOT IN EXISTENCE DURING can afford. Although the use of pre-tax with respect to any elective plan contribu- PRECEDING YEAR.—If an employer was not in tion of a highly compensated or key em- existence throughout the preceding year, the dollars to acquire these benefits re- ployee at any rate of contribution is greater determination under subparagraph (A) shall duces current Federal revenues, the op- than that with respect to an employee who is be based on the average number of employees portunity to provide small business not a highly compensated or key employee. that it is reasonably expected such employer employees these same benefits cur- ‘‘(C) SPECIAL RULES.— will employ on business days in the current rently enjoyed by the employees of the ‘‘(i) TIME FOR MAKING CONTRIBUTIONS.—An year. Federal Government, and larger com- employer shall not be treated as failing to ‘‘(C) GROWING EMPLOYERS RETAIN TREAT- panies, more than justifies this mini- meet the requirements of this paragraph MENT AS SMALL EMPLOYER.—If— mal investment. Therefore, I urge my with respect to any elective plan contribu- ‘‘(i) an employer was an eligible employer tions of any compensation, or employer con- for any year (a ‘qualified year’), and colleagues to join me in supporting tributions required under this paragraph ‘‘(ii) such employer establishes a simple this important legislation as we work with respect to any compensation, if such cafeteria plan for its employees for such with you to enact this bill into law. contributions are made no later than the year, then, notwithstanding the fact the em- I ask unanimous consent that the 15th day of the month following the last day ployer fails to meet the requirements of sub- text of the bill be printed in the of the calendar quarter which includes the paragraph (A) for any subsequent year, such RECORD. date of payment of the compensation. employer shall be treated as an eligible em- There being no objection, the text of ‘‘(ii) FORM OF CONTRIBUTIONS.—Employer ployer for such subsequent year with respect the bill was ordered to be printed in contributions required under this paragraph to employees (whether or not employees dur- may be made either to the plan to provide ing a qualified year) of any trade or business the RECORD, as follows: benefits offered under the plan or to any per- which was covered by the plan during any S. 555 son as payment for providing benefits offered qualified year. This subparagraph shall cease Be it enacted by the Senate and House of Rep- under the plan. to apply if the employer employs an average resentatives of the United States of America in ‘‘(iii) ADDITIONAL CONTRIBUTIONS.—Subject of 200 more employees on business days dur- Congress assembled, to subparagraph (B), nothing in this para- ing any year preceding any such subsequent SECTION 1. SHORT TITLE. graph shall be treated as prohibiting an em- year. (a) SHORT TITLE.—This Act may be cited as ployer from making contributions to the ‘‘(D) SPECIAL RULES.— the ‘‘SIMPLE Cafeteria Plan Act of 2007’’. plan in addition to contributions required ‘‘(i) PREDECESSORS.—Any reference in this (b) AMENDMENT OF 1986 CODE.—Except as under subparagraph (A). paragraph to an employer shall include a ref- otherwise expressly provided, whenever in ‘‘(D) DEFINITIONS.—For purposes of this erence to any predecessor of such employer. this Act an amendment or repeal is ex- paragraph— ‘‘(ii) AGGREGATION RULES.—All persons pressed in terms of an amendment to, or re- ‘‘(i) ELECTIVE PLAN CONTRIBUTION.—The treated as a single employer under sub- peal of, a section or other provision, the ref- term ‘elective plan contribution’ means any section (a) or (b) of section 52, or subsection erence shall be considered to be made to a amount which is contributed at the election (n) or (o) of section 414, shall be treated as section or other provision of the Internal of the employee and which is not includible one person. Revenue Code of 1986. in gross income by reason of this section. ‘‘(6) APPLICABLE NONDISCRIMINATION RE- SEC. 2. ESTABLISHMENT OF SIMPLE CAFETERIA ‘‘(ii) HIGHLY COMPENSATED EMPLOYEE.—The QUIREMENT.—For purposes of this subsection, PLANS FOR SMALL BUSINESSES. term ‘highly compensated employee’ has the the term ‘applicable nondiscrimination re- (a) IN GENERAL.—Section 125 (relating to meaning given such term by section 414(q). quirement’ means any requirement under cafeteria plans) is amended by redesignating ‘‘(iii) KEY EMPLOYEE.—The term ‘key em- subsection (b) of this section, section 79(d), subsections (h) and (i) as subsections (i) and ployee’ has the meaning given such term by section 105(h), or paragraph (2), (3), (4), or (8) (j), respectively, and by inserting after subsection 416(i). of section 129(d). section (g) the following new subsection: ‘‘(4) MINIMUM ELIGIBILITY AND PARTICIPA- ‘‘(7) COMPENSATION.—The term ‘compensa- ‘‘(h) SIMPLE CAFETERIA PLANS FOR SMALL TION REQUIREMENTS.— tion’ has the meaning given such term by BUSINESSES.— ‘‘(A) IN GENERAL.—The requirements of section 414(s).’’. ‘‘(1) IN GENERAL.—An eligible employer this paragraph shall be treated as met with (b) EFFECTIVE DATE.—The amendments maintaining a simple cafeteria plan with re- respect to any year if, under the plan— made by this section shall apply to years be- spect to which the requirements of this sub- ‘‘(i) all employees who had at least 1,000 ginning after December 31, 2006. section are met for any year shall be treated hours of service for the preceding plan year SEC. 3. MODIFICATIONS OF RULES APPLICABLE as meeting any applicable nondiscrimination are eligible to participate, and TO CAFETERIA PLANS. requirement with respect to benefits pro- ‘‘(ii) each employee eligible to participate (a) APPLICATION TO SELF-EMPLOYED INDI- vided under the plan during such year. in the plan may, subject to terms and condi- VIDUALS.— ‘‘(2) SIMPLE CAFETERIA PLAN.—For purposes tions applicable to all participants, elect any (1) IN GENERAL.—Section 125(d) (defining of this subsection, the term ‘simple cafeteria benefit available under the plan. cafeteria plan) is amended by adding at the plan’ means a cafeteria plan— ‘‘(B) CERTAIN EMPLOYEES MAY BE EX- end the following new paragraph: ‘‘(A) which is established and maintained CLUDED.—For purposes of subparagraph ‘‘(3) EMPLOYEE TO INCLUDE SELF-EM- by an eligible employer, and (A)(i), an employer may elect to exclude PLOYED.— ‘‘(B) with respect to which the contribu- under the plan employees— ‘‘(A) IN GENERAL.—The term ‘employee’ in- tion requirements of paragraph (3), and the ‘‘(i) who have less than 1 year of service cludes an individual who is an employee eligibility and participation requirements of with the employer as of any day during the within the meaning of section 401(c)(1) (re- paragraph (4), are met. plan year, lating to self-employed individuals). ‘‘(3) CONTRIBUTIONS REQUIREMENTS.— ‘‘(ii) who have not attained the age of 21 ‘‘(B) LIMITATION.—The amount which may ‘‘(A) IN GENERAL.—The requirements of before the close of a plan year, be excluded under subsection (a) with respect this paragraph are met if, under the plan— ‘‘(iii) who are covered under an agreement to a participant in a cafeteria plan by reason ‘‘(i) the employer makes matching con- which the Secretary of Labor finds to be a of being an employee under subparagraph (A) tributions on behalf of each employee who is collective bargaining agreement if there is shall not exceed the employee’s earned in- eligible to participate in the plan and who is evidence that the benefits covered under the come (within the meaning of section 401(c)) not a highly compensated or key employee cafeteria plan were the subject of good faith derived from the trade or business with rein an amount equal to the elective plan con- bargaining between employee representa- spect to which the cafeteria plan is estab- tributions of the employee to the plan to the tives and the employer, or lished.’’. extent the employee’s elective plan contribu- ‘‘(iv) who are described in section (2) APPLICATION TO BENEFITS WHICH MAY BE tions do not exceed 3 percent of the employ- 410(b)(3)(C) (relating to nonresident aliens PROVIDED UNDER CAFETERIA PLAN.— ee’s compensation, or working outside the United States). (A) GROUP-TERM LIFE INSURANCE.—Section ‘‘(ii) the employer is required, without re- A plan may provide a shorter period of serv- 79 (relating to group-term life insurance pro- gard to whether an employee makes any ice or younger age for purposes of clause (i) vided to employees) is amended by adding at elective plan contribution, to make a con- or (ii). the end the following new subsection: tribution to the plan on behalf of each em- ‘‘(5) ELIGIBLE EMPLOYER.—For purposes of ‘‘(f) EMPLOYEE INCLUDES SELF-EMPLOYED.— ployee who is not a highly compensated or this subsection— ‘‘(1) IN GENERAL.—For purposes of this sec- key employee and who is eligible to partici- ‘‘(A) IN GENERAL.—The term ‘eligible em- tion, the term ‘employee’ includes an indi- pate in the plan in an amount equal to at ployer’ means, with respect to any year, any vidual who is an employee within the mean- least 2 percent of the employee’s compensa- employer if such employer employed an av- ing of section 401(c)(1) (relating to self-em- tion. erage of 100 or fewer employees on business ployed individuals). ‘‘(B) MATCHING CONTRIBUTIONS ON BEHALF days during either of the 2 preceding years. ‘‘(2) LIMITATION.—The amount which may OF HIGHLY COMPENSATED AND KEY EMPLOY- For purposes of this subparagraph, a year be excluded under the exceptions contained

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.059 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1860 CONGRESSIONAL RECORD — SENATE February 12, 2007 in subsection (a) or (b) with respect to an in- fail to be treated as a flexible spending or ‘‘(ii) a qualified cash or deferred arrange- dividual treated as an employee by reason of similar arrangement solely because under ment described in section 401(k), paragraph (1) shall not exceed the employee’s the plan or arrangement— ‘‘(iii) a plan under which amounts are con- earned income (within the meaning of sec- ‘‘(A) the amount of the reimbursement for tributed by an individual’s employer for an tion 401(c)) derived from the trade or busi- covered expenses at any time may not exceed annuity contract described in section 403(b), ness with respect to which the individual is the balance in the participant’s account for ‘‘(iv) an eligible deferred compensation so treated.’’. the covered expenses as of such time, plan described in section 457, or (B) ACCIDENT AND HEALTH PLANS.—Section ‘‘(B) except as provided in paragraph ‘‘(v) a health savings account described in 105(g) is amended to read as follows: (4)(A)(ii), a participant may elect at any section 223. ‘‘(g) EMPLOYEE INCLUDES SELF-EM- time specified by the plan or arrangement to ‘‘(3) DISTRIBUTION UPON TERMINATION.— PLOYED.— make or modify any election regarding the ‘‘(A) IN GENERAL.—A plan or arrangement ‘‘(1) IN GENERAL.—For purposes of this sec- covered benefits, or the level of covered ben- may permit a participant (or any designated tion, the term ‘employee’ includes an indi- efits, of the participant under the plan, and heir of the participant) to receive a cash pay- vidual who is an employee within the mean- ‘‘(C) a participant is permitted access to ment equal to the aggregate unused account ing of section 401(c)(1) (relating to self-em- any unused balance in the participant’s ac- balances in the plan or arrangement as of ployed individuals). counts under such plan or arrangement in the date the individual is separated (includ- ‘‘(2) LIMITATION.—The amount which may the manner provided under paragraph (2) or ing by death or disability) from employment be excluded under this section by reason of (3). with the employer maintaining the plan or subsection (b) or (c) with respect to an indi- ‘‘(2) CARRYOVERS AND ROLLOVERS OF UNUSED arrangement. vidual treated as an employee by reason of BENEFITS IN HEALTH AND DEPENDENT CARE AR- ‘‘(B) INCLUSION IN INCOME.—Any payment paragraph (1) shall not exceed the employee’s RANGEMENTS.— under subparagraph (A) shall be includible in earned income (within the meaning of sec- ‘‘(A) IN GENERAL.—A plan or arrangement gross income for the taxable year in which tion 401(c)) derived from the trade or busi- may permit a participant in a health flexible such payment is distributed to the employee. ness with respect to which the accident or spending arrangement or dependent care ‘‘(4) TERMS RELATING TO FLEXIBLE SPENDING health insurance was established.’’. flexible spending arrangement to elect— ARRANGEMENTS.— (C) CONTRIBUTIONS BY EMPLOYERS TO ACCI- ‘‘(i) to carry forward any aggregate unused ‘‘(A) FLEXIBLE SPENDING ARRANGEMENTS.— DENT AND HEALTH PLANS.— balances in the participant’s accounts under ‘‘(i) IN GENERAL.—For purposes of this sub- (i) IN GENERAL.—Section 106, as amended such arrangement as of the close of any year section, a flexible spending arrangement is a by subsection (b), is amended by adding after to the succeeding year, or benefit program which provides employees subsection (b) the following new subsection: ‘‘(ii) to have such balance transferred to a with coverage under which specified incurred ‘‘(c) EMPLOYER TO INCLUDE SELF-EM- plan described in subparagraph (E) expenses may be reimbursed (subject to re- PLOYED.— imbursement maximums and other reason- ‘‘(1) IN GENERAL.—For purposes of this sec- Such carryforward or transfer shall be treat- able conditions). tion, the term ‘employee’ includes an indi- ed as having occurred within 30 days of the ‘‘(ii) ELECTIONS REQUIRED.—A plan or ar- vidual who is an employee within the mean- close of the year. rangement shall not be treated as a flexible ing of section 401(c)(1) (relating to self-em- ‘‘(B) DOLLAR LIMIT ON CARRYFORWARDS.— spending arrangement unless a participant ployed individuals). ‘‘(i) IN GENERAL.—The amount which a par- may at least 4 times during any year make ‘‘(2) LIMITATION.—The amount which may ticipant may elect to carry forward under or modify any election regarding covered be excluded under subsection (a) with respect subparagraph (A)(i) from any year shall not benefits or the level of covered benefits. to an individual treated as an employee by exceed $500. For purposes of this paragraph, ‘‘(B) HEALTH AND DEPENDENT CARE AR- reason of paragraph (1) shall not exceed the all plans and arrangements maintained by an RANGEMENTS.—The terms ‘health flexible employee’s earned income (within the mean- employer or any related person shall be spending arrangement’ and ‘dependent care ing of section 401(c)) derived from the trade treated as 1 plan. flexible spending arrangement’ means any or business with respect to which the acci- ‘‘(ii) COST-OF-LIVING ADJUSTMENT.—In the flexible spending arrangement (or portion dent or health insurance was established.’’. case of any taxable year beginning in a cal- thereof) which provides payments for ex- (ii) CLARIFICATION OF LIMITATIONS ON OTHER endar year after 2007, the $500 amount under penses incurred for medical care (as defined COVERAGE.—The first sentence of section clause (i) shall be increased by an amount in section 213(d)) or dependent care (within 162(l)(2)(B) is amended to read as follows: equal to— the meaning of section 129), respectively.’’. ‘‘Paragraph (1) shall not apply to any tax- ‘‘(I) $500, multiplied by (2) CONFORMING AMENDMENTS.— payer for any calendar month for which the ‘‘(II) the cost-of-living adjustment deter- (A) The heading for section 125 of the In- taxpayer participates in any subsidized mined under section 1(f)(3) for such calendar ternal Revenue Code of 1986 is amended by health plan maintained by any employer year, determined by substituting ‘2006’ for inserting ‘‘AND FLEXIBLE SPENDING AR- (other than an employer described in section ‘1992’ in subparagraph (B) thereof RANGEMENTS’’ after ‘‘PLANS’’. 401(c)(4)) of the taxpayer or the spouse of the If any dollar amount as increased under this (B) The item relating to section 125 of such taxpayer.’’. clause is not a multiple of $100, such amount Code in the table of sections for part III of (b) LONG-TERM CARE INSURANCE PERMITTED shall be rounded to the next lowest multiple subchapter B of chapter 1 is amended by in- TO BE OFFERED UNDER CAFETERIA PLANS AND of $100. serting ‘‘and flexible spending arrange- FLEXIBLE SPENDING ARRANGEMENTS.— ‘‘(C) EXCLUSION FROM GROSS INCOME.—No ments’’ after ‘‘plans’’. (1) CAFETERIA PLANS.—The last sentence of amount shall be required to be included in (b) TECHNICAL AMENDMENTS.— section 125(f) (defining qualified benefits) is (1) Section 106 is amended by striking sub- amended to read as follows: ‘‘Such term shall gross income under this chapter by reason of any carryforward or transfer under this section (e) (relating to FSA and HRA Termi- include the payment of premiums for any nations to Fund HSAs). qualified long-term care insurance contract paragraph. ‘‘(D) COORDINATION WITH LIMITS.— (2) Section 223(c)(1)(A)(iii)(II) is amended (as defined in section 7702B) to the extent the to read as follows: amount of such payment does not exceed the ‘‘(i) CARRYFORWARDS.—The maximum amount which may be contributed to a ‘‘(II) the individual is transferring the en- eligible long-term care premiums (as defined tire balance of such arrangement as of the in section 213(d)(10)) for such contract.’’. health flexible spending arrangement or dependent care flexible spending arrangement end of the plan year to a health savings ac- (2) FLEXIBLE SPENDING ARRANGEMENTS.— count pursuant to section 125(i)(2)(A)(ii), in Section 106 (relating to contributions by em- for any year to which an unused amount is carried under this paragraph shall be reduced accordance with rules prescribed by the Sec- ployer to accident and health plans) is retary.’’. amended by striking subsection (c). by such amount. (c) EFFECTIVE DATE.—The amendments (c) EFFECTIVE DATE.—The amendments ‘‘(ii) ROLLOVERS.—Any amount transferred made by this section shall take effect on the made by this section shall apply to taxable under subparagraph (A)(ii) shall be treated date of the enactment of this Act. years beginning after December 31, 2006. as an eligible rollover under section 219, SEC. 4. MODIFICATION OF RULES APPLICABLE 223(f)(5), 401(k), 403(b), or 457, whichever is SEC. 5. RULES RELATING TO EMPLOYER-PRO- TO FLEXIBLE SPENDING ARRANGE- applicable, except that— VIDED HEALTH AND DEPENDENT MENTS. ‘‘(I) the amount of the contributions which CARE BENEFITS. (a) MODIFICATION OF RULES.— a participant may make to the plan under (a) HEALTH BENEFITS.—Section 106, as (1) IN GENERAL.—Section 125 of the Internal any such section for the taxable year includ- amended by section 4(b), is amended by add- Revenue Code of 1986, as amended by section ing the transfer shall be reduced by the ing at the end the following new subsection: 2, is amended by redesignating subsections amount transferred, and ‘‘(e) LIMITATION ON CONTRIBUTIONS TO (i) and (j) as subsections (j) and (k), respec- ‘‘(II) in the case of a transfer to a plan de- HEALTH FLEXIBLE SPENDING ARRANGE- tively, and by inserting after subsection (h) scribed in clause (ii) or (iii) of subparagraph MENTS.— the following new subsection: (E), the transferred amounts shall be treated ‘‘(1) IN GENERAL.—Gross income of an em- ‘‘(i) SPECIAL RULES APPLICABLE TO FLEXI- as elective deferrals for such taxable year. ployee for any taxable year shall include em- BLE SPENDING ARRANGEMENTS.— ‘‘(E) PLANS.—A plan is described in this ployer-provided coverage provided through 1 ‘‘(1) IN GENERAL.—For purposes of this subparagraph if it is— or more health flexible spending arrange- title, a plan or other arrangement shall not ‘‘(i) an individual retirement plan, ments (within the meaning of section 125(i))

VerDate Aug 31 2005 05:27 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.040 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1861 to the extent that the amount otherwise ex- (3) PRINCIPAL SHAREHOLDERS OR OWNERS.— children eligible for Head Start partici- cludable under subsection (a) with regard to Section 129(d)(4) (relating to principal share- pate in the program. Hundreds of thou- such coverage exceeds the applicable dollar holders and owners) is amended by adding at sands of three- and four-year-olds are limit for the taxable year. the end the following: ‘‘In the case of any left out because of the inadequate fund- ‘‘(2) APPLICABLE DOLLAR LIMIT.—For pur- failure to meet the requirements of this ing level of the program. Early Head poses of this subsection— paragraph for any year, amounts shall only Start serves only 3 percent of eligible ‘‘(A) IN GENERAL.—The applicable dollar be required by reason of the failure to be in- limit for any taxable year is an amount cluded in gross income of the shareholders or infants and toddlers. It is shameful equal to the sum of— owners who are members of the class de- that 97 percent of the children eligible ‘‘(i) $7,500, plus scribed in the preceding sentence.’’. for Early Head Start have no access to ‘‘(ii) if the arrangement provides coverage (c) EFFECTIVE DATE.—The amendments it. It’s long past time for Congress to for 1 or more individuals in addition to the made by this section shall apply to taxable expand access to Head Start to serve as employee, an amount equal to one-third of years beginning after December 31, 2006. many infants, toddlers, and preschool the amount in effect under clause (i) (after children as possible. By Mr. KENNEDY (for himself, adjustment under subparagraph (B)). The bill that we introduce today will ‘‘(B) COST-OF-LIVING ADJUSTMENT.—In the Mr. ENZI, Mr. DODD, and Mr. set a goal to expand Head Start over case of taxable years beginning in any cal- ALEXANDER): the next several years. We call for in- S. 556. A bill to reauthorize the Head endar year after 2007, the $7,500 amount creases in funding, from $6.9 billion in under subparagraph (A) shall be increased by Start Act, and for other purposes; to the current fiscal year, to $7.3 billion an amount equal to— the Committee on Health, Education, in FY 2008, $7.5 billion in FY 2009, and ‘‘(i) $7,500, multiplied by Labor, and Pensions. $7.9 billion in 2010. These funding levels ‘‘(ii) the cost-of-living adjustment deter- Mr. KENNEDY. Mr. President, it is a are critical to advance the essential re- mined under section 1(f)(3) for the calendar privilege to join Senators ENZI, DODD, year, determined by substituting ‘2006’ for forms in this legislation, and to serve and ALEXANDER in introducing the ‘1992’ in subparagraph (B) thereof. thousands of additional children in the Head Start for School Readiness Act. Head Start program. If any dollar amount as increased under this Our goal is to reauthorize Head Start subparagraph is not a multiple of $100, such Early Head Start is an especially im- and continue our bipartisan support for dollar amount shall be rounded to the next portant program for needy infants and lowest multiple of $100.’’. this very successful program to prepare toddlers. Research clearly shows its low-income children for school. benefit to infants and toddlers and (b) DEPENDENT CARE.— For over forty years, Head Start has their families. Early Head Start chil- (1) EXCLUSION LIMIT.— given disadvantaged children the as- (A) IN GENERAL.—Section 129(a)(2) (relating dren have larger vocabularies, lower to limitation on exclusion) is amended— sistance they need to arrive at school levels of aggressive behavior, and high- (i) by striking ‘‘$5,000’’ and inserting ‘‘the ready to learn. It’s comprehensive serv- er levels of sustained attention than applicable dollar limit’’, and ices guarantee balanced meals for chil- children not enrolled in the program. (ii) by striking ‘‘$2,500’’ and inserting ‘‘one- dren, and a well-defined curriculum to Parents are more likely to play with half of such limit’’. see that children develop early skills in their children and read to them. (B) APPLICABLE DOLLAR LIMIT.—Section reading, writing, and math, and posi- 129(a) is amended by adding at the end the This bill will double the size of Early tive social skills as well. It provides Head Start over the course of this au- following new paragraph: visits to doctors and dentists, and out- ‘‘(3) APPLICABLE DOLLAR LIMIT.—For pur- thorization, and deliver services to poses of this subsection— reach to parents to encourage them to over 56,000 additional children over the ‘‘(A) IN GENERAL.—The applicable dollar participate actively in their child’s course of this authorization. limit is $5,000 ($10,000 if dependent care as- early development. Our bill establishes a Head Start Col- sistance is provided under the program to 2 It is clear that Head Start works. A laboration Office in every state to or more qualifying individuals of the em- federal evaluation found that Head maximize services to Head Start chil- ployee). Start children make gains during the dren, align Head Start with kinder- ‘‘(B) COST-OF-LIVING ADJUSTMENTS.— program itself, and the gains continue garten classrooms, and strengthen its ‘‘(i) $5,000 AMOUNT.—In the case of taxable when the children enter kindergarten. years beginning after 2007, the $5,000 amount local partnerships with other agencies. under subparagraph (A) shall be increased by Once Head Start children complete These offices will work hand in hand an amount equal to— their kindergarten year, they are near with the Head Start network of train- ‘‘(I) $5,000, multiplied by the national average of 100 in key ing and technical assistance to support ‘‘(II) the cost-of-living adjustment deter- areas, with scores of 93 in vocabulary, Head Start grantees in better meeting mined under section 1(f)(3) for the calendar 96 in early writing, and 92 in early the goals of preparing children for year in which the taxable year begins, deter- math. school. mined by substituting ‘2006’ for ‘1992’ in sub- We’ve made tremendous, bipartisan States will also have an active role in paragraph (B) thereof. progress this year in our effort to reau- coordinating their system of early If any dollar amount as increased under this thorize Head Start and build upon a childhood programs, and increasing the clause is not a multiple of $100, such dollar program that serves as a lifeline for quality of those programs. Our bill des- amount shall be rounded to the next lowest the neediest families and children multiple of $100. ignates an Early Care and Education across the Nation. ‘‘(ii) $10,000 AMOUNT.—The $10,000 amount Council in each State to conduct an in- under subparagraph (A) for taxable years be- In this legislation, we build on Head ventory of children’s needs, develop ginning after 2005 shall be increased to an Start’s proven track record and expand plans for data collection and for sup- amount equal to twice the amount the $5,000 it to include thousands of low-income porting early childhood educators, re- amount is increased to under clause (i).’’. children who are not yet served by the view and upgrade early learning stand- (2) AVERAGE BENEFITS TEST.— program. We provide for better coordi- ards, and make recommendations on (A) IN GENERAL.—Section 129(d)(8)(A) (re- nation of Head Start with state pro- technical assistance and training. For lating to benefits) is amended— grams for low-income children. We those States ready to move forward (i) by striking ‘‘55 percent’’ and inserting strengthen Head Start’s focus on ‘‘60 percent’’, and and implement their statewide plan, (ii) by striking ‘‘highly compensated em- school readiness and early literacy. We our bill will offer a one-time incentive ployees’’ the second place it appears and in- enhance the educational goals for Head grant to implement these important ef- serting ‘‘employees receiving benefits’’. Start teachers. And we provide greater forts. (B) SALARY REDUCTION AGREEMENTS.—Sec- accountability for the program, includ- Over the past four decades, Head tion 129(d)(8)(B) (relating to salary reduction ing new policies to ensure improved Start has built up quality and perform- agreements) is amended— monitoring visits and new policies to ance standards to guarantee a full (i) by striking ‘‘$25,000’’ and inserting address programs with serious defi- range of services, so that children are ‘‘$30,000’’, and ciencies. educated in the basics about letters (ii) by adding at the end the following: ‘‘In To strengthen Head Start, we have to the case of years beginning after 2007, the and numbers and books, and are also $30,000 amount in the first sentence shall be begin by providing more resources for healthy, well-fed, and supported in sta- adjusted at the same time, and in the same it. The need for Head Start is greater ble and nurturing relationships. Head manner, as the applicable dollar amount is than ever. Child poverty is on the rise Start is a model program, and we can adjusted under subsection (a)(3)(B).’’. again. Today, less than 50 percent of enhance its quality even more.

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.040 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1862 CONGRESSIONAL RECORD — SENATE February 12, 2007 One way to do that is to strengthen port each child’s individual pattern of their services to meet the needs of Head Start’s current literacy initia- development and learning, to cement local neighborhoods and their children. tive. We know the key to later reading community partnerships in services for The Head Start for School Readiness success is to get young children excited children, and to involve parents in Act we are introducing today will keep about letters and books and numbers. their child’s growth. Head Start on its successful path, and Our bill emphasizes language and lit- Head Start reviews are already enable this vital program to continue eracy, by enhancing the literacy train- among the most extensive in the field. to thrive and improve. I urge our col- ing required of Head Start teachers, by Every 3 years, a federal and local team leagues on both sides of the aisle to continuing to promote parent literacy, spends a week thoroughly examining join us in advancing and strengthening and by working to put more books into every aspect of every Head Start pro- this program, and give children the Head Start classrooms and into chil- gram. They check everything from bat- head start they need and deserve to dren’s homes. teries in flashlights to how parents feel prepare for school and for life. We also make a commitment in this about the program. Our bill takes a Mr. ENZI. Mr. President, I rise to bill to upgrade all of the educational further step to improve the monitoring join my colleagues in introducing the components of Head Start, and ensure of Head Start programs, ensures that Head Start for School Readiness Act. that services are aligned with expecta- programs receive useful and timely Head Start programs are critical to tions for children’s kindergarten year feedback and information, and ensuring that all children, regardless of and continue to be driven by the effec- strengthens annual reviews and plans their background, enter school ready tive Head Start Child Outcomes for improvement. to learn and succeed. I want to thank Framework. Our bill also takes an important step Senator KENNEDY and his staff for his At the heart of Head Start’s success to suspend the Head Start National Re- ongoing commitment to our bipartisan are its teachers and staff. They are car- porting System. Four years ago, I in- approach, which has resulted in a bill ing, committed persons who know the sisted that instead of rushing forward that meets the needs of children and children they serve and are dedicated with a national assessment for every families who participate in the Head to improving their lives. They help four- and five-year-old in Head Start, Start program throughout our Nation. children learn to identify letters of the this Administration should instead I would also like to thank our col- alphabet and arrange the pieces of puz- move more deliberately to develop and leagues Senators ALEXANDER and DODD zles. They teach them to brush their implement an assessment tool that and their staff for their fine work as teeth, wash their hands, make friends would help guide and improve Head well. and follow rules. Yet their salary is Start programs. Unfortunately, they This legislation would reauthorize still half the salary of kindergarten rejected that call and proceeded with the Head Start program and help en- teachers, and turnover is high—11 per- an assessment—absent sufficient au- sure that children in this important cent a year. thorization or oversight from Con- program will be better prepared to Because a teacher’s quality is di- gress—that was later proven by a GAO enter school with the skills to succeed. rectly related to a child’s outcome, our study to be flawed and inconsistent Success in life depends a great deal on bill establishes a goal to ensue that with professional standards for testing the preparation for that success, which every Head Start teacher have their and measurement. comes early in life. It is well docu- A.A. degree and 50 percent earn their Any assessment used in Head Start mented in early childhood education B.A. degree over the course of this au- must be held to the highest standard. research that students who are not thorization. Head Start teachers and It must be valid and reliable, fair to reading well by the third grade will staff are the greatest resource to chil- children from all backgrounds, bal- struggle with reading most of their dren and families in the program, and anced in what it measures, and address lives. Head Start provides early edu- we must match these ambitious re- the development of the whole child. cation for over 900,000 children each forms and improvements with the fund- Our bill calls on the National Academy year, most of whom would not have the ing needed to see that Head Start proof Sciences to continue their work in opportunity to attend preschool programs can meet these goals. surveying assessments and outcomes grams elsewhere. It is because of these We have also granted additional appropriate for early childhood pro- 900,000 children we have all worked so flexibility in this bill for Head Start grams, and to make recommendations hard to improve and strengthen this programs to serve families and chil- to the Secretary and to Congress on Act. dren that need services at the local the use of assessments and outcomes in I am particularly pleased with the level. We’ve lifted the eligibility re- Head Start programs. I hope the Na- accountability provisions we put forth quirements so that families living tional Academy’s work will be helpful in this legislation. The legislation we below 130 percent of the federal poverty as we consider future improvements in introduce today limits the timeframe rate can qualify and participate in the Head Start program. for Head Start grantees to appeal deci- Head Start. Often, these are the neigh- Finally, this bill appropriately re- sions made by the Secretary to termi- bors of Head Start children with simi- jects earlier calls to block grant Head nate grants. In some instances, Head lar needs, but currently remain barred Start services, preserving the commu- Start grantees have been found to be from participating in the program. nity-based structure of the program. It operating programs that are unsafe or Under this bill, Head Start programs makes no sense to turn Head Start into misusing Federal funds—and are often will be empowered with greater author- a block grant to the states. To do so continuing those bad practices for ity to determine the needs of families would have dismantled the program months, as long as 600 days in some in their local communities and define and undermined Head Start’s guaran- cases—during the termination process. services to meet those needs. If pro- tees that children can see doctors and This equates to children not receiving grams determine that there is a great- dentists, eat nutritious meals, and quality services, and instead of being er share infants and toddlers in need of learn early academic and social skills. prepared for success, they fall further services, our bill allows them to apply The current Federal-to-local structure behind. to the Secretary to convert and expand of Head Start enables it to tailor its Additional steps have been taken in Head Start to serve those youngest services to meet local community this legislation to increase the quality children, consistent with Early Head needs. Performance standards guar- of the Head Start program including Start standards. If programs identify a antee a high level of quality across all providing the Secretary the authority need to provide full-day or full-year programs. Yet each program is unique to terminate a grantee that has mul- care for children and families, they can and specifically adapted to the local tiple and recurring deficiencies that take steps to do so. community. Head Start is successful in has not made significant and substan- Accountability is a cornerstone of ex- serving Inuit children in Alaska, mi- tial progress toward correcting those cellence in education and should start grant-workers’ children in Tennessee, deficiencies. early. Head Start should be account- and inner-city children in Boston. It is We recognize that a vast majority of able for its promise to provide safe and essential to maintain the ability of the Head Start agencies provide high healthy learning environments, to sup- local Head Start programs to tailor quality, comprehensive services for

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.052 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1863 children in the Head Start programs. it addresses the comprehensive needs of Research shows that child outcomes However, the provisions in this bill will children and their families by pro- are directly related to the quality of create an important incentive for providing health and other services to the the teachers and professionals who grams to operate at their best, and in enrolled children. Families play the work with them on a daily basis. I am the best interest of the children they most important role in ensuring the pleased that we establish goals in this serve. success of their children, and our bill Head Start bill for improving edu- Senator DODD has provided valuable maintains an integral role for parents cational standards for Head Start leadership as we worked to develop a in the decision-making and day to day teachers, curriculum specialists and clear policy on the roles and respon- operations of the program. Parent in- teacher assistants. Understanding that sibilities of the governing body and volvement is a centerpiece of Head dedicated Head Start teachers and staff policy councils. We have worked to- Start and I believe this bill strengthens work hard for relatively low wages, gether to clarify and strengthen the that component. there will not be penalties associated roles of the governing body and policy This reauthorization bill expands eli- with programs not meeting the goal we councils. After careful review, the gibility, improves accountability by have established. I would hope that we Committee found that many of the im- clarifying program governance, could offer funding to help teachers portant fiscal and legal responsibilities strengthens school readiness for chil- meet these goals, but that is not pos- of Head Start grantees were not explic- dren and enhances teacher quality. In sible at this juncture. I will continue addition, collaboration and coordina- itly assigned. The bill clarifies those to work toward increased funding to tion with other early childhood devel- responsibilities leading to more con- assist teachers in pursuing additional opment programs and outreach to un- sistent, high quality fiscal and legal educational goals. derserved populations is greatly im- management, which will ensure these When Head Start began more than 40 proved. programs are serving children in the The bill we’re introducing enables years ago, it was the only preschool best possible way. more low-income children to get a head program available for low-income chil- I want to particularly note emphasis start by allowing programs to serve dren; now there are many approaches. we have placed on the role of parents in families with incomes up to 130 percent Collaboration and coordination with Head Start programs. It is vital to re- of the poverty level, while ensuring other early childhood programs is also member that this program provides that the most vulnerable families an essential piece of this Head Start services to children and their families. below the poverty level are served first. bill, reducing duplication and encour- Parents provide valuable insight and This is important for Connecticut and aging opportunities for shared informa- experience as to what a Head Start pro- other States where the cost of living is tion and resources. gram should do for children. especially high and many working poor I look forward to working with my Senators ALEXANDER, KENNEDY, and families aren’t able to access services colleagues as we move this bill through DODD have worked tirelessly on this because they earn just above the pov- the Senate. legislation and championed increasing erty level. In addition, the bill expands By Mr. SCHUMER (for himself, coordination, collaboration, and excel- access to services for infants and tod- Mr. ROBERTS, Mr. NELSON of lence in early childhood education and dlers in Early Head Start by increasing Florida, Mrs. DOLE, Ms. care programs. I wish to thank my col- the set-aside from 10 percent to 20 per- STABENOW, and Mr. KYL): leagues on the Committee, particularly cent over the next 5 years. Programs S. 557. A bill to amend the Internal Senators KENNEDY, ALEXANDER, and are also provided more discretion to Revenue Code of 1986 to make perma- DODD, for their work in drafting this serve eligible individuals based on the nent the depreciation classification of bipartisan legislation to reauthorize needs of the each community. the Head Start Act. I believe the legis- Although we do not go as far as I motorsports entertainment complexes; lation we are introducing today will would personally like to see in funding to the Committee on Finance. improve the quality and effectiveness for Head Start, we do authorize addi- Mr. SCHUMER. Mr. President, I rise of the Head Start program for genera- tional resources in this bill. Despite today to introduce ‘‘The Motorsports tions of children to come. It is my hope the tight budget situation, we author- Fairness and Permanency Act.’’ This that our bipartisan efforts will con- ize an increase of six percent from $6.9 bill extends the current tax treatment tinue to produce results as we move billion to $7.35 billion in Fiscal Year for speedways and race tracks around the bill through the Senate and into 2008, to $7.65 billion in Fiscal Year 2009 the country. Just over two years ago, Conference. and to $7.995 billion in Fiscal Year 2009. Congress codified the seven-year depre- Mr. DODD. Mr. President, I rise I continue to be gravely concerned ciation classification for motorsports today to join my colleagues, Senator about the lack of resources for Head facilities. However, this provision of KENNEDY, Senator ENZI, and Senator Start—funding levels have been essen- the tax code expires at the end of 2007. ALEXANDER in introducing the Head tially flat since 2002. Currently, only The bill I am introducing today would Start for School Readiness Act. I am half of eligible children are served in make the seven-year classification per- pleased that we are beginning the proc- Head Start and fewer than 5 percent manent, providing much needed clarity ess of reauthorizing this important leg- are served in Early Head Start. and certainty for facility owners who islation early in the 110th Congress. Across the country, Head Start pro- are planning capital investments. Since 1965, Head Start has provided viders are reporting rising costs in There are over fifty motorsports fa- comprehensive early childhood devel- transportation, some more than 15 per- cilities in every part of New York opment services to low-income chil- cent due to fuel prices. Other budget State: from Long Island Motorsports dren. The evidence is clear: Head Start concerns include higher unemployment Park to Poughkeepsie Speedway to works for the more than 900,000 chil- and health care premiums, facilities Utica-Rome Speedway to Wyoming dren enrolled in centers throughout the maintenance and training for staff. County International Speedway. These country. As we reauthorize this bill, we Rising operating costs are coinciding tracks provide entertainment for thou- have the opportunity to refine and im- with State, local and private funding sands of fans and are important en- prove the program to make it work partners cutting back their contribu- gines of local and regional economic even better. tions to local Head Start programs. development. This reauthorization bill maintains This terrible budget crunch has caused The highest profile facility in New the important characteristics of Head providers to make deep cuts in already York State is Watkins Glen Inter- Start that have made it such an impor- tight budgets, as they try desperately national. This storied road course has tant program, aiding in the social, to not remove children from their en- played an important role in open wheel emotional, physical and cognitive de- rollments. I understand the challenges and stock car racing since it opened in velopment of low-income preschool facing the Federal budget and look for- 1956. The Glen has hosted NASCAR rac- children. The program is successful be- ward to continuing to work with my ing since 1986, and this year’s schedule cause each center addresses the needs colleagues on the budget and appro- will include the Grand-Am Rolex of the local community. It is more priations committees to increase vital Sports Car Series, the IndyCar Series than just a school readiness program; resources for Head Start. and the NASCAR Nextel Cup. With

VerDate Aug 31 2005 05:27 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.041 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1864 CONGRESSIONAL RECORD — SENATE February 12, 2007 these high profile events drawing thou- Eleven years ago, Congress passed paying little for her physical disorder. sands of out-of-state racing fans to the first Mental Health Parity Act. She is typical of millions of Americans Schuyler County it is no surprise that That legislation was an important first who not only face the cruel burden of the Glen’s economic impact has been step in bringing attention to discrimi- mental illness, but also the cruel bur- estimated at over $200 million a year. natory practices against the mentally den of discriminatory treatment. No Watkins Glen is also a prime example ill, but it did little to correct the injus- Americans should be denied equal of the need for continual capital rein- tices that so many Americans continue treatment of an illness because it vestment at motorsports facilities. to face. The 1996 legislation required starts in the brain instead of the heart, Since 2005, the Glen has added new that annual and lifetime dollar limits lungs, or other parts of their body. No grandstands and spectator suites and for mental health coverage must be no patients should be denied access to the upgraded and repaved the track. Plan- less than the limits for medical and treatment that can cure their illness ning multi-million dollar capital surgical coverage. But more steps are because of where they live or work. projects requires a certain and stable clearly needed to guarantee that Amer- A number of States have already en- tax regime governing these invest- icans suffering from mental illness are acted mental health parity laws, but 86 ments. In order to provide this sta- not forced to pay more for the services million workers under ERISA have no bility and certainty, I am introducing they need, do not face harsher limita- protection under state mental health the Motorsports Fairness and Perma- tions on treatment, and are not denied statutes. nency Act, and I am pleased to be access to care. Mental health parity is a good in- joined by Senators ROBERTS, BILL NEL- This bill is a chance to take the ac- vestment for the Nation. The costs SON, DOLE, STABENOW, and KYL as origi- tions needed to end the longstanding from lost worker productivity and nal cosponsors. Enacting this legisla- discrimination against persons with extra physical care outweigh the costs tion will be crucial to supporting the mental illness. The late Senator Paul of implementing parity for mental economic benefits that motorsports fa- Wellstone and Senator PETE DOMENICI health treatment. cilities provide across New York State deserve great credit for their bipar- Over the years study after study has and across the country. I hope that my tisan leadership on mental health par- shown that parity makes good finan- colleagues will join me in supporting ity. If it were not for them, we would cial sense. An analysis of more than this legislation, and I look forward to not be here today. 46,000 workers at major companies working with my colleague from Kan- The bill prohibits group health plans showed that employees who report sas to have it considered in the Fi- from imposing treatment limitations being depressed or under stress are nance Committee. or financial requirements on the cov- likely to have substantially higher erage of mental health conditions that health costs than co-workers without By Mr. DOMENICI (for himself, do not also apply to physical condi- such conditions. Employees who re- Mr. KENNEDY, Mr. ENZI, Mr. tions. That means no limits on days or ported being depressed had health bills BROWN, Mr. SMITH, Mr. FEIN- treatment visits, and no exorbitant co- 70 percent higher than those who did GOLD, Mr. COLEMAN, Mr. LAU- payments or deductibles. The bill was not suffer from depression. Those re- TENBERG, Mr. WARNER, Mrs. negotiated by and has the support of porting high stress had 46 percent high- BOXER, Ms. MURKOWSKI, Mr. the mental health community, the er health costs. McDonnell Douglas AKAKA, Mr. ROBERTS, Mr. business community, and the insurance found a 4 to 1 return on investment CARDIN, Mr. HATCH, Ms. CANT- industry. after accounting for lower medical WELL, Ms. COLLINS, Ms. The need is clear. One in five Ameri- claims, reduced absenteeism, and STABENOW, Ms. SNOWE, Mr. cans will suffer some form of mental smaller turnover. BIDEN, Mr. GRAHAM, and Mr. illness this year—but only a third of Mental illness also imposes a huge fi- NELSON of Nebraska): them will receive treatment. Millions nancial burden on the Nation. It costs S. 558. A bill to provide parity be- of our fellow citizens are unnecessarily us $300 billion each year in treatment tween health insurance coverage of enduring the pain and sadness of seeing expenses, lost worker productivity, and mental health benefits and benefits for a family member, friend, or loved one crime. This country can afford mental medical and surgical services; to the suffer illnesses that seize the mind and health parity. What we can’t afford is Committee on Health, Education, break the spirit. to continue denying persons with men- Labor, and Pensions. Battling mental illness is itself a tal disorders the care they need. Mr. KENNEDY. Access to mental painful process, but discrimination Today is a turning point. We are fi- health services is one of the most im- against persons with such illnesses is nally moving toward ending this portant and most neglected civil rights especially cruel, since the success rates shameful form of discrimination in our issues facing the Nation. For too long, for treatment often equal or surpass society—discrimination against mental persons living with mental disorders those for physical conditions. Accord- illness. This bill has been seven years have suffered discriminatory treating to the National Institute of Mental in the making, and brings first class ment at all levels of society. They have Health, clinical depression treatment medicine to millions of Americans who been forced to pay more for the serv- can be 70 percent successful, and treat- have been second class patients for too ices they need and to worry about their ment for schizophrenia can be 60 per- long. job security if their employer finds out cent successful. Today, we begin to right that wrong, about their condition. Sadly, in Amer- Over the years we’ve heard compel- by guaranteeing equal treatment to ica today, patients with biochemical ling testimony from experts, activists, the 11 million people receiving mental problems in their liver are treated with and patients about the need to equalize health services, and promising equal better care and greater compassion coverage of physical and mental ill- treatment to the remaining 100 million than patients with biochemical prob- nesses. The Office of Personnel Man- insured workers and their families who lems in their brain. agement talks us that providing full never know the day they may need That kind of discrimination must parity to 8.5 million federal employees their mental health benefit. end. No one questions the need for af- has led to minimal premium increases. The 1996 Act, was an important step fordable treatment of physical ill- We heard dramatic testimony about towards ending health insurance dis- nesses. But those who suffer from men- the economic and social advantages of crimination against mental illness. tal illnesses face serious barriers in ob- parity, including a healthier, more pro- This bill will take another large step taining the care they need at a cost ductive workforce. forward by closing the loopholes that they can afford. Like those suffering Some of the most compelling testi- remain. from physical illnesses, persons with mony came several years ago from Lisa It guarantees co-payments, mental disorders deserve the oppor- Cohen, a hardworking American from deductibles, coinsurance, out of pocket tunity for quality care. The failure to New Jersey, who suffers from both expenses and annual and lifetime lim- obtain treatment can mean years of physical and mental illnesses, and is its that apply to mental health bene- shattered dreams and unfulfilled poten- forced to pay exorbitant costs for fits are no different than those applied tial. treating her mental disorder, while to medical and surgical benefits.

VerDate Aug 31 2005 05:27 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.040 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1865 It guarantees that the frequency of more than 30,000 people commit suicide ‘‘(1) negotiating separate reimbursement treatment, number of visits, days of each year in the United States. We or provider payment rates and service deliv- coverage and other limits on scope and need to reduce these numbers, and I be- ery systems for different benefits consistent duration of treatment for mental lieve expanding access to mental with subsection (a); ‘‘(2) managing the provision of mental health services are no different than health services will allow us to do so. health benefits in order to provide medically those applied to medical and surgical This bill will provide mental health necessary services for covered benefits, in- benefits. parity for about 113 million Americans cluding through the use of any utilization re- This equal treatment and financial who work for employers with 50 or view, authorization or management prac- equity is also applied to substance more employees and ensure health tices, the application of medical necessity abuse. plans do not place more restrictive and appropriateness criteria applicable to Features of State law that require conditions on mental health coverage behavioral health, and the contracting with coverage of mental disorders are pro- than on medical and surgical coverage. and use of a network of providers; or tected, to assure those currently pro- Additionally, the legislation includes ‘‘(3) applying the provisions of this section parity for financial requirements such in a manner that takes into consideration tected by state parity laws that their similar treatment settings or similar treat- needs will be met. as deductibles, copayments, and annual ments. The medical management strategies lifetime limits. Also, this bill includes ‘‘(c) IN- AND OUT-OF-NETWORK.— needed to prevent denial of medically parity for treatment limitations re- ‘‘(1) IN GENERAL.—In the case of a group needed services for patients remain in- garding the number of covered hospital health plan (or health insurance coverage of- tact. days and visits. This bill does not Man- fered in connection with such a plan) that Finally, the bill is modeled on the date the coverage of mental health nor provides both medical and surgical benefits parity that is already guaranteed to does it prohibit a health plan from and mental health benefits, and that pro- the 8.5 million persons, including Mem- managing mental health benefits in vides such benefits on both an in- and out-of- order to ensure only medically nec- network basis pursuant to the terms of the bers of Congress, under the Federal plan (or coverage), such plan (or coverage) Employee Benefits Program, essary treatments are covered. shall ensure that the requirements of this Equal treatment of those affected by Again, I would like to thank every- section are applied to both in- and out-of- mental illness is not just an insurance one who contributed to the develop- network services by comparing in-network issue. It’s a civil rights issue. At its ment of this legislation. I believe we medical and surgical benefits to in-network heart, mental health parity is a ques- are making a difference today and I mental health benefits and out-of-network tion of simple justice. look forward to working with my col- medical and surgical benefits to out-of-net- It is long past time to end insurance leagues to move this bill forward. work mental health benefits, except that in discrimination and guarantee all peo- I ask for unanimous consent that the no event shall this subsection require the text of the bill to be printed in the provision of out-of-network coverage for ple with mental illness the coverage mental health benefits even in the case RECORD. they deserve. where out-of-network coverage is provided I urge my colleagues to support this There being no objection, the text of for medical and surgical benefits. important principle, and end the unac- the bill was ordered to be printed in ‘‘(2) CLARIFICATION.—Nothing in paragraph ceptable double standards that have the RECORD, as follows: (1) shall be construed as requiring that a unfairly plagued our health care sys- S. 558 group health plan (or coverage in connection tems for so long. Be it enacted by the Senate and House of Rep- with such a plan) eliminate an out-of-net- Mr. DOMENICI. Mr. President, I rise resentatives of the United States of America in work provider option from such plan (or cov- today along with my colleagues Sen- Congress assembled, erage) pursuant to the terms of the plan (or SECTION 1. SHORT TITLE. coverage). ator KENNEDY and Senator ENZI to in- This Act may be cited as the ‘‘Mental ‘‘(d) SMALL EMPLOYER EXEMPTION.— troduce the Mental Health Parity Act Health Parity Act of 2007’’. ‘‘(1) IN GENERAL.—This section shall not of 2007. I want to thank my colleagues SEC. 2. MENTAL HEALTH PARITY. apply to any group health plan (and group for all of their hard work on this issue (a) AMENDMENTS OF ERISA.—Subpart B of health insurance coverage offered in connec- and I am glad we are able to introduce part 7 of title I of the Employee Retirement tion with a group health plan) for any plan this paramount legislation. Income Security Act of 1974 is amended by year of any employer who employed an aver- Simply put, our legislation will pro- inserting after section 712 (29 U.S.C. 1185a) age of at least 2 (or 1 in the case of an em- vide parity between mental health cov- the following: ployer residing in a State that permits small erage and medical and surgical cov- ‘‘SEC. 712A. MENTAL HEALTH PARITY. groups to include a single individual) but not more than 50 employees on business days erage. No longer will people be treated ‘‘(a) IN GENERAL.—In the case of a group health plan (or health insurance coverage of- during the preceding calendar year. differently only because they suffer fered in connection with such a plan) that ‘‘(2) APPLICATION OF CERTAIN RULES IN DE- from a mental illness. This means 113 provides both medical and surgical benefits TERMINATION OF EMPLOYER SIZE.—For pur- million people in group health plans and mental health benefits, such plan or cov- poses of this subsection: will benefit from our bill. erage shall ensure that— ‘‘(A) APPLICATION OF AGGREGATION RULE We are here today after years of hard ‘‘(1) the financial requirements applicable FOR EMPLOYERS.—Rules similar to the rules work. We have worked with the mental to such mental health benefits are no more under subsections (b), (c), (m), and (o) of sec- health community, the business com- restrictive than the financial requirements tion 414 of the Internal Revenue Code of 1986 shall apply for purposes of treating persons munity, and insurance groups to care- applied to substantially all medical and surgical benefits covered by the plan (or cov- as a single employer. fully construct a fair bill. A sampling erage), including deductibles, copayments, ‘‘(B) EMPLOYERS NOT IN EXISTENCE IN PRE- of the groups include the National Alli- coinsurance, out-of-pocket expenses, and an- CEDING YEAR.—In the case of an employer ance on Mental Illness, the American nual and lifetime limits, except that the which was not in existence throughout the Psychological Association, the Amer- plan (or coverage) may not establish sepa- preceding calendar year, the determination ican Psychiatric Association, the Na- rate cost sharing requirements that are ap- of whether such employer is a small em- tional Retail Federation, and Aetna In- plicable only with respect to mental health ployer shall be based on the average number surance. benefits; and of employees that it is reasonably expected ‘‘(2) the treatment limitations applicable such employer will employ on business days This bill will no longer apply a more in the current calendar year. restrictive standard to mental health to such mental health benefits are no more restrictive than the treatment limitations ‘‘(C) PREDECESSORS.—Any reference in this coverage and another more lenient applied to substantially all medical and sur- paragraph to an employer shall include a ref- standard be applied to medical and surgical benefits covered by the plan (or cov- erence to any predecessor of such employer. gical coverage. What we are doing is a erage), including limits on the frequency of ‘‘(e) COST EXEMPTION.— matter of simple fairness. Statistics treatment, number of visits, days of cov- ‘‘(1) IN GENERAL.—With respect to a group demonstrate that there is a significant erage, or other similar limits on the scope or health plan (or health insurance coverage of- need for this change in policy. Cur- duration of treatment. fered in connections with such a plan), if the rently, 26 percent of American adults ‘‘(b) CLARIFICATIONS.—In the case of a application of this section to such plan (or group health plan (or health insurance cov- coverage) results in an increase for the plan or nearly 58 million people suffer from erage offered in connection with such a plan) year involved of the actual total costs of a diagnosable mental illness each year. that provides both medical and surgical ben- coverage with respect to medical and sur- Six percent of those adults suffer from efits and mental health benefits, such plan gical benefits and mental health benefits a serious mental illness. Additionally, or coverage shall not be prohibited from— under the plan (as determined and certified

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under paragraph (3)) by an amount that ex- ‘‘(b) CLARIFICATIONS.—In the case of a coverage) results in an increase for the plan ceeds the applicable percentage described in group health plan (or health insurance cov- year involved of the actual total costs of paragraph (2) of the actual total plan costs, erage offered in connection with such a plan) coverage with respect to medical and sur- the provisions of this section shall not apply that provides both medical and surgical ben- gical benefits and mental health benefits to such plan (or coverage) during the fol- efits and mental health benefits, such plan under the plan (as determined and certified lowing plan year, and such exemption shall or coverage shall not be prohibited from— under paragraph (3)) by an amount that ex- apply to the plan (or coverage) for 1 plan ‘‘(1) negotiating separate reimbursement ceeds the applicable percentage described in year. An employer may elect to continue to or provider payment rates and service deliv- paragraph (2) of the actual total plan costs, apply mental health parity pursuant to this ery systems for different benefits consistent the provisions of this section shall not apply section with respect to the group health plan with subsection (a); to such plan (or coverage) during the fol- (or coverage) involved regardless of any in- ‘‘(2) managing the provision of mental lowing plan year, and such exemption shall crease in total costs. health benefits in order to provide medically apply to the plan (or coverage) for 1 plan ‘‘(2) APPLICABLE PERCENTAGE.—With re- necessary services for covered benefits, in- year. An employer may elect to continue to spect to a plan (or coverage), the applicable cluding through the use of any utilization re- apply mental health parity pursuant to this percentage described in this paragraph shall view, authorization or management prac- section with respect to the group health plan be— tices, the application of medical necessity (or coverage) involved regardless of any in- ‘‘(A) 2 percent in the case of the first plan and appropriateness criteria applicable to crease in total costs. year in which this section is applied; and behavioral health, and the contracting with ‘‘(2) APPLICABLE PERCENTAGE.—With re- ‘‘(B) 1 percent in the case of each subse- and use of a network of providers; or spect to a plan (or coverage), the applicable quent plan year. ‘‘(3) be prohibited from applying the provi- percentage described in this paragraph shall ‘‘(3) DETERMINATIONS BY ACTUARIES.—De- sions of this section in a manner that takes be— terminations as to increases in actual costs into consideration similar treatment set- ‘‘(A) 2 percent in the case of the first plan under a plan (or coverage) for purposes of tings or similar treatments. year in which this section is applied; and N- AND OUT-OF-NETWORK.— this section shall be made by a qualified ac- ‘‘(c) I ‘‘(B) 1 percent in the case of each subse- ‘‘(1) IN GENERAL.—In the case of a group tuary who is a member in good standing of quent plan year. health plan (or health insurance coverage of- the American Academy of Actuaries. Such ‘‘(3) DETERMINATIONS BY ACTUARIES.—De- fered in connection with such a plan) that determinations shall be certified by the ac- terminations as to increases in actual costs provides both medical and surgical benefits tuary and be made available to the general under a plan (or coverage) for purposes of and mental health benefits, and that pro- public. this section shall be made by a qualified ac- vides such benefits on both an in- and out-of- ‘‘(4) 6-MONTH DETERMINATIONS.—If a group tuary who is a member in good standing of network basis pursuant to the terms of the health plan (or a health insurance issuer of- the American Academy of Actuaries. Such plan (or coverage), such plan (or coverage) fering coverage in connections with a group determinations shall be certified by the ac- shall ensure that the requirements of this health plan) seeks an exemption under this tuary and be made available to the general section are applied to both in- and out-of- subsection, determinations under paragraph public. network services by comparing in-network (1) shall be made after such plan (or cov- ‘‘(4) 6-MONTH DETERMINATIONS.—If a group medical and surgical benefits to in-network erage) has complied with this section for the health plan (or a health insurance issuer of- mental health benefits and out-of-network first 6 months of the plan year involved. fering coverage in connections with a group medical and surgical benefits to out-of-net- ‘‘(5) NOTIFICATION.—An election to modify health plan) seeks an exemption under this work mental health benefits, except that in coverage of mental health benefits as per- subsection, determinations under paragraph no event shall this subsection require the mitted under this subsection shall be treated (1) shall be made after such plan (or cov- provision of out-of-network coverage for as a material modification in the terms of erage) has complied with this section for the mental health benefits even in the case the plan as described in section 102(a)(1) and first 6 months of the plan year involved. where out-of-network coverage is provided shall be subject to the applicable notice re- ‘‘(5) NOTIFICATION.—An election to modify for medical and surgical benefits. quirements under section 104(b)(1). coverage of mental health benefits as per- ‘‘(2) CLARIFICATION.—Nothing in paragraph ‘‘(f) RULE OF CONSTRUCTION.—Nothing in mitted under this subsection shall be treated (1) shall be construed as requiring that a this section shall be construed to require a as a material modification in the terms of group health plan (or coverage in connection group health plan (or health insurance cov- the plan as described in section 102(a)(1) and with such a plan) eliminate an out-of-net- erage offered in connection with such a plan) shall be subject to the applicable notice re- work provider option from such plan (or cov- to provide any mental health benefits. quirements under section 104(b)(1). ‘‘(g) MENTAL HEALTH BENEFITS.—In this erage) pursuant to the terms of the plan (or ‘‘(f) RULE OF CONSTRUCTION.—Nothing in section, the term ‘mental health benefits’ coverage). means benefits with respect to mental health ‘‘(d) SMALL EMPLOYER EXEMPTION.— this section shall be construed to require a services (including substance abuse treat- ‘‘(1) IN GENERAL.—This section shall not group health plan (or health insurance cov- ment) as defined under the terms of the apply to any group health plan (and group erage offered in connection with such a plan) group health plan or coverage.’’. health insurance coverage offered in connec- to provide any mental health benefits. (b) PUBLIC HEALTH SERVICE ACT.—Subpart tion with a group health plan) for any plan ‘‘(g) MENTAL HEALTH BENEFITS.—In this 1 of part A of title XXVII of the Public year of any employer who employed an aver- section, the term ‘mental health benefits’ Health Service Act is amended by inserting age of at least 2 (or 1 in the case of an em- means benefits with respect to mental health after section 2705 (42 U.S.C. 300gg-5) the fol- ployer residing in a State that permits small services (including substance abuse treat- lowing: groups to include a single individual) but not ment) as defined under the terms of the ‘‘SEC. 2705A. MENTAL HEALTH PARITY. more than 50 employees on business days group health plan or coverage, and when ap- ‘‘(a) IN GENERAL.—In the case of a group during the preceding calendar year. plicable as may be defined under State law health plan (or health insurance coverage of- ‘‘(2) APPLICATION OF CERTAIN RULES IN DE- when applicable to health insurance cov- fered in connection with such a plan) that TERMINATION OF EMPLOYER SIZE.—For pur- erage offered in connection with a group provides both medical and surgical benefits poses of this subsection: health plan.’’. and mental health benefits, such plan or cov- ‘‘(A) APPLICATION OF AGGREGATION RULE SEC. 3. EFFECTIVE DATE. erage shall ensure that— FOR EMPLOYERS.—Rules similar to the rules ‘‘(1) the financial requirements applicable under subsections (b), (c), (m), and (o) of sec- (a) IN GENERAL.—The provisions of this Act to such mental health benefits are no more tion 414 of the Internal Revenue Code of 1986 shall apply to group health plans (or health restrictive than the financial requirements shall apply for purposes of treating persons insurance coverage offered in connection applied to substantially all medical and sur- as a single employer. with such plans) beginning in the first plan year that begins on or after January 1 of the gical benefits covered by the plan (or cov- ‘‘(B) EMPLOYERS NOT IN EXISTENCE IN PRE- first calendar year that begins more than 1 erage), including deductibles, copayments, CEDING YEAR.—In the case of an employer coinsurance, out-of-pocket expenses, and an- which was not in existence throughout the year after the date of the enactment of this nual and lifetime limits, except that the preceding calendar year, the determination Act. plan (or coverage) may not establish sepa- of whether such employer is a small em- (b) TERMINATION OF CERTAIN PROVISIONS.— rate cost sharing requirements that are ap- ployer shall be based on the average number (1) ERISA.—Section 712 of the Employee plicable only with respect to mental health of employees that it is reasonably expected Retirement Income Security Act of 1974 (29 benefits; and such employer will employ on business days U.S.C. 1185a) is amended by striking sub- ‘‘(2) the treatment limitations applicable in the current calendar year. section (f) and inserting the following: to such mental health benefits are no more ‘‘(C) PREDECESSORS.—Any reference in this ‘‘(f) SUNSET.—This section shall not apply restrictive than the treatment limitations paragraph to an employer shall include a ref- to benefits for services furnished after the ef- applied to substantially all medical and sur- erence to any predecessor of such employer. fective date described in section 3(a) of the gical benefits covered by the plan (or cov- ‘‘(e) COST EXEMPTION.— Mental Health Parity Act of 2007.’’. erage), including limits on the frequency of ‘‘(1) IN GENERAL.—With respect to a group (2) PHSA.—Section 2705 of the Public treatment, number of visits, days of cov- health plan (or health insurance coverage of- Health Service Act (42 U.S.C. 300gg-5) is erage, or other similar limits on the scope or fered in connections with such a plan), if the amended by striking subsection (f) and in- duration of treatment. application of this section to such plan (or serting the following:

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.044 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1867 ‘‘(f) SUNSET.—This section shall not apply coverage of mental health services under ance, and result in group plans offering to benefits for services furnished after the ef- health insurance coverage issued in connec- less coverage or even worse dropping fective date described in section 3(a) of the tion with group health plans in accordance coverage for both mental and physical Mental Health Parity Act of 2007.’’. with this Act. health. The bill introduced today rec- SEC. 4. SPECIAL PREEMPTION RULE. (b) AUDITS.—The Secretary of Labor and the Secretary of Health and Human Services ognizes both of these concerns and ad- (a) ERISA PREEMPTION.—Section 731 of the dresses them. This in turn breaks the Employee Retirement Income Security Act shall each provide for the conduct of random of 1974 (29 U.S.C. 1191) is amended— audits of group health plans (and health in- log jam that has halted efforts in the (1) by redesignating subsections (c) and (d) surance coverage offered in connection with past three Congress’s to pass a Mental as subsections (e) and (f), respectively; and such plans) to ensure that such plans are in Health Parity Act that is more widely (2) by inserting after subsection (b), the compliance with this Act (and the amend- known as the Paul Wellston Mental following: ments made by this Act). Health Equitable Treatment Act. ‘‘(c) SPECIAL RULE IN CASE OF MENTAL (c) GOVERNMENT ACCOUNTABILITY OFFICE The Mental Health Parity Act we are HEALTH PARITY REQUIREMENTS.— STUDY.— introducing today is a compromise be- (1) STUDY.—The Comptroller General shall ‘‘(1) IN GENERAL.—Notwithstanding any tween the proponents and those who provision of section 514 to the contrary, the conduct a study that evaluates the effect of the implementation of the amendments opposed the Paul Wellstone Mental provisions of this part relating to a group Health Equitable Treatment Act. It is health plan or a health insurance issuer of- made by this Act on the cost of health insur- fering coverage in connection with a group ance coverage, access to health insurance a result of two years of discussion and health plan shall supercede any provision of coverage (including the availability of in- compromise between the business and State law that establishes, implements, or network providers), the quality of health insurer industry and the mental health continues in effect any standard or require- care, the impact on benefits and coverage for community. I want to thank both of ment which differs from the specific stand- mental health and substance abuse, the im- you for coming together in good faith ards or requirements contained in sub- pact of any additional cost or savings to the to find a middle ground on an issue has sections (a), (b), (c), or (e) of section 712A. plan, the impact on State mental health benefit mandate laws, other impact on the busi- polarized stakeholders. Your support ‘‘(2) CLARIFICATIONS.—Nothing in this sub- and input has been critical to making section shall be construed to preempt State ness community and the Federal Govern- insurance laws relating to the individual in- ment, and other issues as determined appro- this process work. Your willingness to surance market or to small employers (as priate by the Comptroller General. work together to accommodate each such term is defined for purposes of section (2) REPORT.—Not later than 2 years after others concerns, makes it possible for a 712A(d)).’’. the date of enactment of this Act, the Comp- mental health parity law to be enacted (b) PHSA PREEMPTION.—Section 2723 of the troller General shall prepare and submit to this Congress. Public Health Service Act (42 U.S.C. 300gg-23) the appropriate committees of Congress a re- A vital component of the Mental is amended— port containing the results of the study con- Health Parity Act introduced today ducted under paragraph (1). (1) by redesignating subsections (c) and (d) recognizes the importance and need for as subsections (e) and (f), respectively; and (d) REGULATIONS.—Not later than 1 year (2) by inserting after subsection (b), the after the date of enactment of this Act, the treating mental health equal to phys- following: Secretary of Labor and the Secretary of ical health, without unfairly man- ‘‘(c) SPECIAL RULE IN CASE OF MENTAL Health and Human Services shall jointly pro- dating group health plans offer mental HEALTH PARITY REQUIREMENTS.— mulgate final regulations to carry out this health coverage. The legislation ap- ‘‘(1) IN GENERAL.—Notwithstanding any Act. plies only to those group health plans provision of section 514 of the Employee Re- Mr. ENZI. Mr. President, first and that already offer physical and surgical tirement Income Security Act of 1974 to the foremost I want to thank my respec- benefits as well as mental health bene- contrary, the provisions of this part relating tive colleagues Senator KENNEDY and fits. It does not mandate what types of to a group health plan or a health insurance Senator DOMENICI for their dedication issuer offering coverage in connection with a mental health benefits must receive group health plan shall supercede any provi- and leadership on the issues of mental parity, but leaves that to be defined sions of State law that establishes, imple- health parity. Your commitment and under the terms of the plan or coverage ments, or continues in effect any standard or willingness to compromise has gotten or as defined under State law. What requirement which differs from the specific us to the point where we are today—in- this legislation does do, is require a standards or requirements contained in sub- troducing a mental health parity bill plan to provide financial requirements sections (a), (b), (c), or (e) of section 2705A. that has the potential to be signed into and treatment limitations applied to ‘‘(2) CLARIFICATIONS.—Nothing in this sub- law this year. mental health benefits equal to the fi- section shall be construed to preempt State For many this is monumental. Parity insurance laws relating to the individual in- nancial requirements and treatment surance market or to small employers (as for mental health benefits was first limitations applied to medical and sur- such term is defined for purposes of section championed by the late Senator Paul gical benefits that the plan covers. For 2705A(d)).’’. Wellstone. Senator DOMENICI in mem- example, deductibles, co-payments, co- (c) EFFECTIVE DATE.—The provisions of ory of our late colleague took over as insurance, out of pocket expenses, fre- this section shall take effect with respect to the lead advocate for this legislation quency of treatment, number of visits a State, on the date on which the provisions after the passing of Senator Wellstone. and days of coverage will now be treat- of section 2 apply with respect to group Today is a reflection of your hard ed equally for mental health and phys- health plans and health insurance coverage work, Senator DOMENICI, as well as the offered in connection with group health ical health. To allow for health plans plans. groundwork that was laid by the late to adequately manage the new parity Senator Paul Wellstone. SEC. 5. FEDERAL ADMINISTRATIVE RESPON- requirement mechanisms are author- SIBILITIES. The advocacy of my good colleagues ized to allow for medical management (a) GROUP HEALTH PLAN OMBUDSMAN.— Senator Wellstone and DOMENICI helped tools to be used by health plans. Provi- (1) DEPARTMENT OF LABOR.—The Secretary to get the Mental Health Parity Act of sions of this law will preempt provi- of Labor shall designate an individual within 1996 signed into law. This legislation sions of State law that differ. But the Department of Labor to serve as the acted as a catalyst for many states to again, this bill would not preempt group health plan ombudsman for the De- take action in passing their own men- State laws mandating that mental partment. Such ombudsman shall serve as an tal health parity laws. To date 38 initial point of contact to permit individuals health benefits be covered. Further- to obtain information and provide assistance States have passed some sort of mental more, States that elect to adopt the concerning coverage of mental health serv- health parity or benefit law. Many of Federal standards would not be subject ices under group health plans in accordance these laws go much farther than the to preemption. with this Act. 1996 Act. However, there is a concern In addition, the legislation recog- (2) DEPARTMENT OF HEALTH AND HUMAN that while the 1996 Act requires parity nizes the stress many small business SERVICES.—The Secretary of Health and for annual and lifetime dollar limits on employers are under to provide health Human Services shall designate an indi- coverage, group plans may impose care to their employees, thus, this bill vidual within the Department of Health and more restrictive treatment and cost does exempts small employers. Any Human Services to serve as the group health plan ombudsman for the Department. Such sharing requirements. This is a legit employer with 50 or less employees will ombudsman shall serve as an initial point of concern. There is a also a valid concern not be affected by the Federal law, but contact to permit individuals to obtain in- that requiring parity or mental health must still comply with its State law or formation and provide assistance concerning benefits will drive up the cost of insur- regulation.

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.044 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1868 CONGRESSIONAL RECORD — SENATE February 12, 2007 Another critical component of this tant bill and I look forward to its pas- my colleagues on both sides of the aisle compromised legislation is a cost ex- sage. to support this bill. emption. Under the provision, an em- Mental illness can affect people of ployer may elect to continue to offer any age, of any race, and of any in- f mental health parity if a group plan re- come. As a parent with a son who SUBMITTED RESOLUTIONS sults in an increase of 2 percent in the struggled with mental illness, I know case of the first plan year and 1 percent all too well the indiscriminate nature in the case of each subsequent plan of the illness and the frightening sta- year. tistics of its regular occurrence for SENATE RESOLUTION 77—EX- The compromises made in this legis- those we love. The statistics on the PRESSING SUPPORT FOR THE lation are of great importance to mak- prevalence of mental illness are indeed TRANSITIONAL FEDERAL GOV- ing sure this legislation will not bur- startling. We know that in any given ERNMENT OF THE SOMALI RE- PUBLIC den employers struggling with health year, more than a quarter of our na- care costs, while not compromising the tion’s adults—60 million people—suffer Mr. INHOFE (for himself and Mr. significance or effect this legislation from a diagnosable mental disorder, BROWNBACK) submitted the following will have in ensuring individuals have many of whom suffer in silence. We resolution; which was referred to the better access to critical mental health also know that mental disorders can committee on Foreign Relations: disrupt lives and are the leading cause services. Approximately 1 in 5 Ameri- S. RES. 77 of disability for those aged 15–44 in the cans ages 18 and older, have a mental Whereas, after the collapse of the Somali disorder that can be diagnosed in a United States and in Canada. government in 1991, the main judicial system given year according to the Substance Mental illness is just as deadly and in Somalia devolved into a system of sharia- Abuse and Mental Health Service Ad- serious as a physical illness. Suicide based Islamic courts, which have increased ministration. However, their ability to takes the lives of more than 30,000 peo- their power to include security and enforce- ple each year, with more than 700,000 ment functions; receive treatment may be hindered due Whereas, in 2000, the courts consolidated to to cost issues or the stigma attached to attempts. We also know that suicides outnumber homicides three to one each form the Islamic Courts Union (ICU), which mental illness. This legislation will year. We also know that people who came into conflict with secular warlords in help to address both by sending the the capitol city of Mogadishu by asserting suffer from mental illness suffer from message that mental health is just as its ever increasing power; much higher rates of other chronic important as physical health, and Whereas, the ICU is known to have links to conditions, such as cardiovascular dis- needs to be treated with the same Al-Qaeda and has provided a safe haven for ease. However, unlike heart attacks members of Al-Qaeda; amount of importance. This bill signals and strokes, mental illness is not Whereas, by June 2006, ICU forces con- to an individual diagnosed with schizo- something that we, as a nation, want trolled Mogadishu and much of southern So- phrenia that his or her illness is as real to talk about. malia, creating a potential haven for Islamic as an individual diagnosed with diabe- terrorists; However, we know that effective tes and that they should not have to Whereas, in 2004, the Transitional Federal treatment exists for most people suf- Government of the Somali Republic (TFG) pay more for the mental illness than fering. Help is out there, and this bill the physical. This legislation will help was formed in Kenya; will help make it available. Mental Whereas, in 2006, the TFG army joined an employee covered by an affected health is not a Democratic issue or a forces with the army of the Federal Demo- plan who has a child with bipolar dis- Republican issue. Too much is at stake cratic Republic of Ethiopia to sweep the ICU order better access to the treatment when we talk about mental health care from power and, after a string of swift mili- that child needs. In the past 20 years reform to get caught up in partisan tary victories, enter Mogadishu; and new technologies and treatments have Whereas, the current situation is still vola- politics. We need to work together to tile, creating a short window of opportunity advanced our understanding and abil- find solutions. This bill is a big step ity to treat a mental illness. We now to positively affect Somalia’s stability and and an important step in moving that future status: know with the right diagnoses, sup- needed reform forward. Through par- Now, therefore, be it port, treatment and case management ity, we can alleviate some of the bur- Resolved, That it is the sense of the Senate a person with mental illness can be a den on the public mental health system that— contributing member of society. It is that results when families are forced to (1) the Senate expresses its support for the time to update our laws to reflect this. turn to the public system when they do Transitional Federal Government of the So- mali Republic; While introduction today is a huge not have access to treatment through step forward for a Mental Health Par- (2) the Senate recognizes Ethiopia, particu- private plans. larly Prime Minister Meles, and Kenya for ity law, much more needs to be done to My home State of Oregon had the the noble efforts aimed toward pursuing secure its passage. The legislation, as wisdom and foresight to see that men- peace in Somalia and support for the United it is currently crafted, still must pass tal health parity was necessary. I am States in the War on Terror; through the Senate Health, Education, proud that this year they are imple- (3) the United States should support and Labor and Pensions Committee as menting parity for the people of Or- push efforts for serious multi-party talks early as Wednesday, the full Senate aimed at establishing a national unity gov- egon. In a 2004 report by the Governor’s ernment in Somalia; and then the House. At this point, a Mental Health Taskforce, they found (4) the United States should take several process has been created that allows that in any given year 175,00 adults and measures, at an appropriate time, to pro- for open and honest discussion. I en- 75,000 children under the age of 18 are mote stability; courage my colleagues and the stake- in need of mental health services. It (5) assistance from the United States will holders to continue this process and to also listed as one of the major prob- better equip the TFG to face the challenges remain together throughout each step lems facing the Oregon mental health of restoring peace to this war-torn country; of the way. By working together, in- (6) the United States should promote for- system the fact that mental health eign investment in Somalia and facilitate fi- stead of against each other, we can parity was not, at that time, in effect. nancial and technical assistance to the TFG; achieve passage of this legislation. That is no longer the case and I look and Mr. SMITH. Mr. President, I rise forward to seeing significant improve- (7) the United States should aid the TFG today with my colleagues Senator ments in the mental health system in to— DOMENICI and Senator KENNEDY to in- Oregon as a result of the hard work (A) locate and free Somali-owned financial troduce a bill that will have tremen- done there. assets throughout the world; (B) solicit support from other friendly dous impact for the millions of Ameri- The introduction of this federal legis- countries; and cans who will suffer from mental ill- lation is hard fought and so important. (C) encourage nongovernmental organiza- ness in their lifetime. The Mental I look forward to working with my col- tions to commit more resources and projects Health Parity Act of 2007 is an impor- leagues to ensure its passage. I urge to Somalia.

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.046 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1869 SENATE CONCURRENT RESOLU- Alabama to rebuild their lives after Hurri- the resurgence of discriminatory prac- TION 10—HONORING AND PRAIS- canes Katrina and Rita: Now, therefore, be it tices that would deprive African Amer- ING THE NATIONAL ASSOCIA- Resolved by the Senate (the House of Rep- icans of the most fundamental right of resentatives concurring), That the Congress— TION FOR THE ADVANCEMENT (1) recognizes the 98th anniversary of the democracy—the right to vote. OF COLORED PEOPLE ON THE historic founding of the National Association Notwithstanding its powerful voice OCCASION OF ITS 98TH ANNIVER- for the Advancement of Colored People; and and extraordinary accomplishments, SARY (2) honors and praises the National Asso- we must never forget that the NAACP ciation for the Advancement of Colored Peo- Mrs. CLINTON (for herself, Mr. REID, works through the tireless efforts of its ple for its work to ensure the political, edu- individual members united around a Mr. KENNEDY, Mr. SCHUMER, Ms. MI- cational, social, and economic equality of all KULSKI, Mr. CARDIN, Mr. LIEBERMAN, common vision of justice and equality. persons. One act of civil disobedience, by Mr. BROWN, Mr. KERRY, Mr. LUGAR, Mr. Mrs. CLINTON. Mr. President, as SANDERS, Mr. CRAPO, Mr. MENENDEZ, NAACP member Rosa Parks, helped to today marks the 98th anniversary of spark the civil rights movement. An- Ms. LANDRIEU, Ms. CANTWELL, Mr. the founding of the National Associa- LEVIN, Mr. WHITEHOUSE, Mr. DURBIN, other member, Medgar Evers, worked tion for the Advancement of Colored tirelessly, despite many threats, to de- Ms. STABENOW, Mrs. BOXER, Mr. BIDEN, People (NAACP), I am proud to submit Mr. WEBB, Mr. BYRD, Mr. ROCKEFELLER, segregate schools and to investigate a concurrent resolution to honor our the murder of Emmett Till. Mr. STEVENS, Mr. WARNER, Mr. CASEY, country’s oldest and largest civil rights Mary Burnett Talbert, a teacher in and Mr. BAUCUS) submitted the fol- organization for the work they have Little Rock, Arkansas, was one of the lowing concurrent resolution; which done to change the path of our Nation. founders of the NAACP and eventually was referred to the Committee on the The legacy of pioneers such as W.E.B. became its president. She once wrote Judiciary. Du Bois, Thurgood Marshall, Rosa that ‘‘by her peculiar position the col- S. CON. RES. 10 Parks, hundreds more cannot and must ored woman has gained clear powers of Whereas the National Association for the not be forgotten. I urge my colleagues observation and judgment—exactly the Advancement of Colored People (NAACP), to support this resolution honoring and sort of powers which are today pecu- originally known as the National Negro praising the NAACP for 98 years of liarly necessary to the building of an Committee, was founded in New York City championing the cause of equality in on February 12, 1909, the centennial of Abra- ideal country.’’ The NAACP continues ham Lincoln’s birth, by a multiracial group the United States. At the dawn of the 20th century— to take us closer to the ‘‘ideal coun- of activists who answered ‘‘The Call’’ for a try’’ that Mary Talbert envisioned, national conference to discuss the civil and over half a century after the Civil War—African Americans were still de- with every public education campaign, political rights of African Americans; every fight over a judicial nomination, Whereas the NAACP was founded by a dis- nied the full rights of citizenship. They tinguished group of leaders in the struggle were forced to endure the daily humil- and every lobbying effort to pass pro- for civil and political liberty, including Ida iation and struggle of economic exploi- gressive legislation. Wells-Barnett, W.E.B. DuBois, Henry tation, social segregation, and some- The NAACP’s has always been a mul- Moscowitz, Mary White Ovington, Oswald times even physical brutality. Racial tiracial and multicultural organiza- Garrison Villiard, and William English tensions began to escalate, resulting in tion. Many of its founding members Walling; were white, including Oswald Garrison Whereas the NAACP is the oldest and larg- riots and lynchings. It was at this critical juncture in our Villiard, Mary White Ovington, and est civil rights organization in the United Henry Moscowitz. States; Nation’s history that a group of con- Whereas the mission of the NAACP is to cerned citizens, recognizing the urgent Despite the last century of achieve- ensure the political, educational, social, and need to address these intolerable condi- ments, substantial racial disparities economic equality of rights of all persons tions, gathered to form the National still persist today in educational and to eliminate racial hatred and racial dis- Association for the Advancement of achievement, access to health care, and crimination; Colored People in New York City. economic prosperity. Hurricane Whereas the NAACP is committed to Since its founding, the NAACP has Katrina highlighted the tragic and en- achieving its goals through nonviolence; sought to eliminate racial discrimina- during link between race and poverty Whereas the NAACP advances its mission through reliance upon the press, the petition and has fought for the social, po- in our country, as well as emphasized tion, the ballot, and the courts, and has been litical, and economic equality of all our nation’s failure to care for those persistent in the use of legal and moral per- Americans, while maintaining its com- among us least able to provide for suasion, even in the face of overt and violent mitment to nonviolence in achieving themselves. It is no surprise that the racial hostility; these goals. NAACP raised nearly $2 million to aid Whereas the NAACP has used political In 1918, the NAACP successfully per- the victims of the hurricane. pressure, marches, demonstrations, and ef- suaded President Wilson to publicly The NAACP has always stood ready fective lobbying to serve as the voice, as well condemn lynching and continued to to face these and other challenges. as the shield, for minority Americans; raise awareness about this horrifying Ninety-eight years after a group of Whereas after years of fighting segregation crime. The NAACP fought for, and ulti- in public schools, the NAACP, under the concerned citizens assembled in New leadership of Special Counsel Thurgood Mar- mately achieved, desegregation of the York around the common goal of cre- shall, won one of its greatest legal victories military as well as other federal gov- ating a more just society, the NAACP’s in the Supreme Court’s 1954 decision in ernment institutions. half million members continue to lead Brown v. Board of Education, 347 U.S. 483; They were also deeply influential in the way towards positive social change. Whereas, in 1955, NAACP member Rosa watershed court cases such as Bu- For striving and continuing to push Parks was arrested and fined for refusing to chanan vs. Warley, where the Supreme our nation closer to the promise of give up her seat on a segregated bus in Mont- Court held that states cannot restrict gomery, Alabama, an act of courage that equality envisioned in our Constitu- and segregate residential districts. In tion, we must honor the NAACP. would serve as the catalyst for the largest the landmark case Brown v. Board of grassroots civil rights movement in the his- Education, the NAACP successfully ar- tory of the United States; f Whereas the NAACP was prominent in lob- gued that the ‘‘separate, but equal’’ bying for the passage of the Civil Rights doctrine was unconstitutional, thereby AMENDMENTS SUBMITTED AND Acts of 1957, 1960, and 1964 (Public Laws 85– making segregation in public schools PROPOSED 315, 86–449, and 88–352), the Voting Rights Act illegal. The NAACP has also played an of 1965 (Public Law 89–110), the Fair Housing integral role in the passage of essential SA 250. Mr. COBURN submitted an amend- Act of 1968 (Public Law 90–284), and the civil rights legislation, including the ment intended to be proposed by him to the Fannie Lou Hamer, Rosa Parks, and Coretta Civil Rights Act of 1957, 1960, and 1964, joint resolution H.J. Res. 20, making further Scott King Voting Rights Act Reauthoriza- the Voting Rights Act of 1965, and the continuing appropriations for the fiscal year tion and Amendments Act of 2006 (Public 2007, and for other purposes; which was or- Law 109–246), laws that ensured legislative Fair Housing Rights Act. Their efforts dered to lie on the table. protection for victories in the courts; and continue today. The NAACP led efforts SA 251. Mr. COBURN submitted an amend- Whereas, in 2005, the NAACP launched the to reauthorize the Voting Rights Act ment intended to be proposed by him to the Disaster Relief Fund to help survivors in last year. They recognize that we must joint resolution H.J. Res. 20, supra; which Louisiana, Mississippi, Texas, Florida, and continue vigilantly to guard against was ordered to lie on the table.

VerDate Aug 31 2005 06:18 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.048 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1870 CONGRESSIONAL RECORD — SENATE February 12, 2007 SA 252. Mr. COBURN submitted an amend- SA 251. Mr. COBURN submitted an and Development Authority) and to support ment intended to be proposed by him to the amendment intended to be proposed by the advanced research and development of joint resolution H.J. Res. 20, supra; which him to the joint resolution H.J. Res. 20, products that are or may become qualified countermeasures (as defined in section 319F- was ordered to lie on the table. making further continuing appropria- SA 253. Mr. DeMINT submitted an amend- 1 of such Act) or qualified pandemic or epi- ment intended to be proposed by him to the tions for the fiscal year 2007, and for demic products (as defined in section 319F-3 joint resolution H.J. Res. 20, supra; which other purposes; which was ordered to of such Act). was ordered to lie on the table. lie on the table; as follows: SA 254. Mr. BURR submitted an amend- At the appropriate place, insert the fol- SA 255. Mr. CHAMBLISS (for himself ment intended to be proposed by him to the lowing: and Mr. ISAKSON) submitted an amend- joint resolution H.J. Res. 20, supra; which ‘‘SEC. llll. (a) Notwithstanding any ment intended to be proposed by him was ordered to lie on the table. other provision of this Act, in addition to to the joint resolution H.J. Res. 20, SA 255. Mr. CHAMBLISS (for himself and amounts otherwise appropriated or made making further continuing appropria- Mr. ISAKSON) submitted an amendment in- available in this division, $1,000,000,000 is ap- tions for the fiscal year 2007, and for tended to be proposed by him to the joint propriated to the Commodity Credit Cor- other purposes; which was ordered to resolution H.J. Res. 20, supra; which was or- poration for the provision of agricultural lie on the table; as follows: dered to lie on the table. emergency relief. SA 256. Mr. CRAPO submitted an amend- At the appropriate place, insert the fol- ‘‘(b) Notwithstanding any other provision lowing: ment intended to be proposed by him to the of this Act, the amount made available for joint resolution H.J. Res. 20, supra; which SEC. ll. FUNDING SHORTFALLS IN THE STATE the Community Development Fund under CHILDREN’S HEALTH INSURANCE was ordered to lie on the table. section 21037 shall be $2,771,900,000, of which SA 257. Mr. CORNYN submitted an amend- PROGRAM. $2,710,916,000 shall be for carrying out the (a) IN GENERAL.—Section 2104(h) of the So- ment intended to be proposed by him to the community development block grant pro- cial Security Act (42 U.S.C. 1397dd(h)), as joint resolution H.J. Res. 20, supra; which gram. added by section 201(a) of the National Insti- was ordered to lie on the table. tutes of Health Reform Act of 2006, is amend- SA 258. Mr. CORNYN submitted an amend- SA 252. Mr. COBURN submitted an ed— ment intended to be proposed by him to the amendment intended to be proposed by (1) in the heading for paragraph (2), by joint resolution H.J. Res. 20, supra; which striking ‘‘REMAINDER OF REDUCTION’’ and in- was ordered to lie on the table. him to the joint resolution H.J. Res. 20, serting ‘‘PART’’; SA 259. Mr. WARNER (for himself, Mr. making further continuing appropria- (2) by redesignating paragraphs (4) through LEVIN, Ms. COLLINS, Mr. NELSON, of Ne- tions for the fiscal year 2007, and for (7) as paragraphs (5) through (8), respec- braska, Mr. HAGEL, Ms. SNOWE, Mr. SMITH, other purposes; which was ordered to tively; Mr. BIDEN, and Mr. SALAZAR) submitted an lie on the table; as follows: (3) in each of subparagraphs (A) and (B) of amendment intended to be proposed by him On page 43, line 5, strike ‘‘malaria’’ and in- paragraph (6) (as redesignated by subpara- to the joint resolution H.J. Res. 20, supra; sert: ‘‘malaria: Provided, That the Global graph (B) of this paragraph), by striking which was ordered to lie on the table. Fund to Fight AIDS, Tuberculosis and Ma- ‘‘and (3)’’ and inserting ‘‘(3), and (4)’’; SA 260. Mr. KYL submitted an amendment laria shall post on a publicly available (4) in paragraph (7) (as so redesignated), by intended to be proposed by him to the joint website all internally and externally com- striking ‘‘and (3) in accordance with para- resolution H.J. Res. 20, supra; which was or- missioned audits, program reviews, evalua- graph (5)’’ and inserting ‘‘(3), and (4) in ac- dered to lie on the table. tions, and inspector general reports and find- SA 261. Mr. KYL submitted an amendment cordance with paragraph (6)’’; and ings not later than 7 days after they are re- intended to be proposed by him to the joint (5) by inserting after paragraph (3), the fol- ported to the Secretariat or any member of resolution H.J. Res. 20, supra; which was or- lowing: the Board of the Global Fund to Fight AIDS, dered to lie on the table. ‘‘(4) SPECIAL RULES FOR ADDITIONAL REDIS- Tuberculosis and Malaria’’. SA 262. Mr. MARTINEZ submitted an TRIBUTION OF AMOUNTS NECESSARY TO AD- amendment intended to be proposed by him DRESS FISCAL YEAR 2007 FUNDING SHORT- Mr. DEMINT submitted an to the joint resolution H.J. Res. 20, supra; SA 253. FALLS.—With respect to months beginning which was ordered to lie on the table. amendment intended to be proposed by during fiscal year 2007 after April 30, 2007, the SA 263. Mr. HATCH submitted an amend- him to the joint resolution H.J. Res. 20, Secretary shall apply this subsection in ac- ment intended to be proposed by him to the making further continuing appropria- cordance with the following rules: joint resolution H.J. Res. 20, supra; which tions for the fiscal year 2007, and for ‘‘(A) ADDITIONAL REDISTRIBUTION OF CER- was ordered to lie on the table. other purposes; which was ordered to TAIN UNEXPENDED 2005 ALLOTMENTS.— ‘‘(i) Paragraphs (2)(A), (2)(B), (3) (A), and f lie on the table; as follows: (3)(B) shall be applied by substituting ‘April TEXT OF AMENDMENTS On page 9, strike lines 18 through 22 and in- 30’ for ‘March 31’ each place it appears. sert the following: ‘‘(ii) Paragraph (3)(C) shall be applied— SA 250. Mr. COBURN submitted an SEC. 112. (a) Any language specifying a con- ‘‘(I) by substituting ‘the amount described amendment intended to be proposed by gressional earmark (as defined in a bill, S. 1, in subparagraph (A)(ii)(I) shall not be avail- him to the joint resolution H.J. Res. 20, as passed by the Senate on January 18, 2007) able for expenditure by the State on or after making further continuing appropria- in a committee report or statement of man- May 1, 2007’ for ‘the applicable amount de- tions for the fiscal year 2007, and for agers accompanying any appropriations Act scribed in clause (ii) shall not be available other purposes; which was ordered to for any fiscal year or any direct communica- for expenditure by the State on or after tions between federal agencies and Members lie on the table; as follows: April 1, 2007’; and of Congress or their staff shall have no ef- ‘‘(II) without regard to clause (ii). On page 137, between lines 10 and 11, insert fect, legal or otherwise, with respect to funds ‘‘(iii) Paragraph (2)(B)(ii) shall be applied the following: appropriated by this division. by substituting ‘paragraph (1) and this para- ‘‘CHAPTER ll—GENERAL PROVISIONS (b) Nothing in section 113 shall be used to graph (for months beginning during fiscal ‘‘SEC. 2llll. (a) Each audit, report, and circumvent the restriction on earmarks in year 2007 after March 31, 2007)’ for ‘paragraph review described in subsection (b) shall be this section. (1)’. posted for the public on the Internet website ‘‘(iv) The heading for paragraph (3) shall be of the Federal agency or department re- SA 254. Mr. BURR submitted an applied by substituting ‘7 MONTHS’ for ‘HALF’. quired to submit the audit, report, or review, amendment intended to be proposed by ‘‘(v) Without regard to that portion of not later than 48 hours after the submission him to the joint resolution H.J. Res. 20, paragraph (6)(A) that begins with ‘, but in no of the audit, report, or review to Congress. making further continuing appropria- case’ and ends with ‘March 31, 2007’. ‘‘(b) The audits, reports, and reviews de- tions for the fiscal year 2007, and for ‘‘(B) REDISTRIBUTION OF CERTAIN UNEX- scribed in this subsection are those audits, other purposes; which was ordered to PENDED 2006 ALLOTMENTS.—After applying reports, and reviews required by this resolu- this subsection in accordance with subpara- tion to be submitted by a Federal agency or lie on the table; as follows: graph (A), the Secretary shall further apply department to the Committees on Appropria- At the appropriate place, insert the fol- this subsection in accordance with the fol- tions of the Senate and House of Representa- lowing: lowing rules: tives. SEC. ll. BIODEFENSE MEDICAL COUNTER- ‘‘(i) Paragraph (3)(A)(i) shall be applied by ‘‘(c) In posting an audit, report, or review MEASURE DEVELOPMENT FUND. substituting ‘fiscal year 2006’ for ‘fiscal year on an Internet website under subsection (a), There are appropriated $160,000,000 to the 2005’. a Federal agency or department may redact Biodefense Medical Countermeasure Devel- ‘‘(ii) Paragraph (3)(B) shall be applied by any information the release of which to the opment Fund (as established in section 319L substituting ‘fiscal year 2008’ for ‘fiscal year public would, as determined by that agency of the Public Health Service Act) to imple- 2007’. or department, compromise the national se- ment section 319L of the Public Health Serv- ‘‘(iii) Paragraph (3)(C)(i) shall be applied by curity of the United States. ice Act (the Biomedical Advanced Research substituting ‘May 1’ for ‘April 1’.

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.056 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1871 ‘‘(iv) Paragraph (3)(C) shall be applied by IPOs, the U.S. share declined from 50 percent shall be available to carry out the Energy substituting the following clause for clause in 2000 to 5 percent in 2005. Measured by FutureGen Project of the Department of En- (ii) of such paragraph: number of IPOs, the decline is from 37 per- ergy, to be derived by transfer of an equal ‘‘ ‘(ii) APPLICABLE AMOUNT.—For purposes cent in 2000 to 10 percent in 2005.’; percentage from each other program and of clause (i), the applicable amount described ‘‘(3) according to the McKinsey Report on project for which funds are made available in this clause is— New York Competitiveness, ‘London already by this Act, except each other program and ‘‘ ‘(I) the amount by which the amount de- enjoys clear leadership in the fast-growing project for which funds are made available scribed in subparagraph (A)(ii)(I), exceeds and innovative over-the-counter (OTC) de- by chapters 2, 3, and 8.’’. the total of the amounts the Secretary derivatives market. This is significant because termines will eliminate the estimated short- of the trading flow that surrounds deriva- SA 258. Mr. CORNYN submitted an falls for all States described in paragraph tives markets and because of the innovation amendment intended to be proposed by (2)(B) (after the application of subparagraph these markets drive, both of which are key him to the joint resolution H.J. Res. 20, competitive factors for financial centers. (A)) for the fiscal year; multiplied by making further continuing appropria- ‘‘ ‘(II) the ratio of the amount described in Dealers and investors increasingly see de- subparagraph (A)(ii)(I) with respect to the rivatives and cash markets as interchange- tions for the fiscal year 2007, and for State to the total the amounts described in able and are therefore combining trading op- other purposes; which was ordered to subparagraph (A)(ii)(I) for all States.’.’’ erations for both products. Indeed, the de- lie on the table; as follows: ‘‘(v) Paragraph (6)(B) shall be applied— rivatives markets can be more liquid than On page 90, line 7, before the semi-colon in- ‘‘(I) by substituting ‘2005 OR 2006’ for ‘2005’; the underlying cash markets. Therefore, as sert ‘‘(and an additional $18,000,000 offset by and London takes the global lead in derivatives, a $18,000,000 reduction in the account ‘De- ‘‘(II) by substituting ‘fiscal year 2005 under America’s competitiveness in both cash and partment of State, Administration of For- subsection (b) that remain unexpended derivatives flow trading is at risk, as is its eign Affairs, Educational and Cultural Ex- through the end of fiscal year 2007 or fiscal position as a center for financial innovation’; change’)’’. year 2006 under such subsection that remain and unexpended through the end of fiscal year ‘‘(4) according to the Committee on Capital SA 259. Mr. WARNER (for himself, 2008’ for ‘fiscal year 2005 under subsection (b) Markets Regulation, ‘Maximizing the com- Mr. LEVIN, Ms. COLLINS, Mr. NELSON of that remain unexpended through the end of petitiveness of U.S. capital markets is crit- fiscal year 2007’. ical to ensuring economic growth, job cre- Nebraska, Mr. HAGEL, Ms. SNOWE, Mr. ‘‘(vi) Without regard to— ation, low costs of capital, innovation, entre- SMITH, Mr. BIDEN, and Mr. SALAZAR) ‘‘(I) that portion of paragraph (6)(A) that preneurship and a strong tax base in key submitted an amendment intended to begins with ‘, but in no case’ and ends with areas of the country. Regulation and litiga- be proposed by him to the joint resolu- ‘March 31, 2007’; and tion play central roles in protecting inves- tion H.J. Res. 20, making further ‘‘(II) paragraph (6)(C)(i).’’. tors and the efficient functioning of our cap- ocntinuing appropriations for the fiscal (b) ADDITIONAL CONFORMING AMEND- ital markets, particularly in light of recent, year 2007, and for other purposes; which MENTS.—Section 2104(h) of the Social Secu- highly publicized abuses. Yet excessive regu- rity Act (42 U.S.C. 1397dd(h)) (as so added) is lation, problematic implementation and un- was ordered to lie on the table; as fol- further amended— warranted litigation—particularly when oc- lows: (1) in paragraph (1)(B), by striking ‘‘para- curring simultaneously—make U.S. capital At the end add the following: graph (4)(B)’’ and inserting ‘‘paragraph markets less attractive and, therefore, less SEC. ll. SENSE OF SENATE ON IRAQ. (5)(B)’’; and competitive with other financial centers (a) FINDINGS.—The Senate makes the fol- (2) in paragraph (2)— around the world.’. lowing findings: (A) in subparagraph (A), by striking ‘‘para- ‘‘(b) SENSE OF THE SENATE.—It is the sense (1) We respect the Constitutional authori- of the Senate that— graph (5)(B)’’ and inserting ‘‘paragraph ties given a President in article II, section 2, ‘‘(1) Congress, the President, regulators, (6)(B)’’; and which states that ‘‘The President shall be industry leaders, and other stakeholders (B) in subparagraph (B), by striking ‘‘para- commander in chief of the Army and Navy of should carefully review the Interim Report graph (4)(B)’’ and inserting ‘‘paragraph the United States’’; it is not the intent of of the Committee on Capital Markets Regu- (5)(B)’’. this section to question or contravene such (c) EFFECTIVE DATE; APPLICABILITY.—The lation (published in November 2006) and the authority, but to accept the offer to Con- amendments made by this section take ef- McKinsey Report on New York Competitive- gress made by the President on January 10, fect on the date of enactment of this Act and ness (published in January 2007), and take 2007, that, ‘‘if members have improvements apply without fiscal year limitation. the necessary steps to reclaim the pre- that can be made, we will make them. If cir- eminent position of the United States in the cumstances change, we will adjust’’. SA 256. Mr. CRAPO submitted an financial services industry; (2) The United States strategy and oper- amendment intended to be proposed by ‘‘(2) the Federal and State financial regu- ations in Iraq can only be sustained and him to the joint resolution H.J. Res. 20, latory agencies should, to the maximum ex- achieved with support from the American tent possible, coordinate activities on sig- making further continuing appropria- people and with a level of bipartisanship. nificant policy matters, so as not to impose tions for the fiscal year 2007, and for (3) Over 137,000 American military per- regulations that may have adverse unin- other purposes; which was ordered to sonnel are currently serving in Iraq, like tended consequences on innovativeness with lie on the table; as follows: thousands of others since March 2003, with respect to financial products, instruments, At the appropriate place, insert the fol- the bravery and professionalism consistent and services, or that impose regulatory costs lowing: with the finest traditions of the United that are disproportionate to their benefits, States Armed Forces, and are deserving of ‘‘SEC. ll. SENSE OF THE SENATE REGARDING and, at the same time, ensure that the regu- REPORTS ON CAPITAL MARKETS. the support of all Americans, which they latory framework overseeing the United ‘‘(a) FINDINGS.—The Senate finds that— have strongly. States capital markets continues to promote ‘‘(1) the Interim Report of the Committee (4) Many American service personnel have and protect the interests of investors in on Capital Markets Regulation (published in lost their lives, and many more have been those markets; and November 2006) and the McKinsey Report on wounded, in Iraq, and the American people ‘‘(3) given the complexity of the financial New York Competitiveness (published in will always honor their sacrifices and honor services marketplace today, Congress should January 2007) have expressed concerns that their families. exercise vigorous oversight over Federal reg- United States capital markets are losing (5) The U.S. Army and Marine Corps, in- ulatory and statutory requirements affecting their competitive edge in intensifying global cluding their Reserve and National Guard or- the financial services industry and con- competition, both reports adding consider- ganizations, together with components of sumers, with the goal of eliminating exces- ably to the understanding of the challenges the other branches of the military, are under sive regulation and problematic implementa- that American capital markets face and enormous strain from multiple, extended de- tion of existing laws and regulations. offer solutions that could help American ployments to Iraq and Afghanistan. markets, companies, and workers to better SA 257. Mr. CORNYN submitted an (6) These deployments, and those that will compete; amendment intended to be proposed by follow, will have lasting impacts on the fu- ‘‘(2) according to the Committee on Capital ture recruiting, retention and readiness of Markets Regulation, ‘A key measure of com- him to the joint resolution H.J. Res. 20, our Nation’s all volunteer force. petitiveness, one particularly relevant to the making further continuing appropria- (7) In the National Defense Authorization growth of new jobs, is where new equity is tions for the fiscal year 2007, and for Act for Fiscal Year 2006, the Congress stated being raised—that is, in which market initial other purposes; which was ordered to that ‘‘calendar year 2006 should be a period public offerings (IPOs) are being done. The lie on the table; as follows: of significant transition to full sovereignty, trend in so-called ‘‘global’’ IPOs, i.e., IPOs On page 39, after line 24, add the following: with Iraqi security forces taking the lead for done outside a company’s home country, pro- ‘‘SEC. 20327. In addition to the amounts the security of a free and sovereign Iraq’’. vides evidence of a decline in the U.S. com- otherwise appropriated or made available by (8) United Nations Security Council Reso- petitive position. As measured by value of this division or any other Act, $36,000,000 lution 1723, approved November 28, 2006,

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.049 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1872 CONGRESSIONAL RECORD — SENATE February 12, 2007 ‘‘determin[ed] that the situation in Iraq con- (19) This proposed level of troop augmenta- (11) the Administration should provide reg- tinues to constitute a threat to inter- tion far exceeds the expectations of many of ular updates to the Congress, produced by national peace and security’’. us as to the reinforcements that would be the Commander of United States Central (9) Iraq is experiencing a deteriorating and necessary to implement the various options Command and his subordinate commanders, ever-widening problem of sectarian and for a new strategy, and led many members of about the progress or lack of progress the intra-sectarian violence based upon political Congress to express outright opposition to Iraqis are making toward this end; and distrust and cultural differences between augmenting our troops by 21,500. (12) our overall military, diplomatic, and some Sunni and Shia Muslims. (20) The Government of Iraq has promised economic strategy should not be regarded as (10) Iraqis must reach political settlements repeatedly to assume a greater share of secu- an ‘‘open-ended’’ or unconditional commit- in order to achieve reconciliation, and the rity responsibilities, disband militias, con- ment, but rather as a new strategy that failure of the Iraqis to reach such settle- sider Constitutional amendments and enact hereafter should be conditioned upon the ments to support a truly unified government laws to reconcile sectarian differences, and Iraqi government’s meeting benchmarks greatly contributes to the increasing vio- improve the quality of essential services for that must be delineated in writing and lence in Iraq. the Iraqi people; yet, despite those promises, agreed to by the Iraqi Prime Minister. Such (11) The responsibility for Iraq’s internal little has been achieved. benchmarks should include, but not be lim- security and halting sectarian violence must (21) The President said on January 10, 2007, ited to, the deployment of that number of rest primarily with the Government of Iraq that ‘‘I’ve made it clear to the Prime Min- additional Iraqi security forces as specified and Iraqi Security Forces. ister and Iraq’s other leaders that America’s in the plan in Baghdad, ensuring equitable (12) U.S. Central Command Commander commitment is not open-ended’’ so as to dis- distribution of the resources of the Govern- General John Abizaid testified to Congress pel the contrary impression that exists. ment of Iraq without regard to the sect or on November 15, 2006, ‘‘I met with every divi- (22) The recommendations in this section ethnicity of recipients, enacting and imple- sional commander, General Casey, the Corps should not be interpreted as precipitating menting legislation to ensure that the oil re- Commander, [and] General Dempsey. We all any immediate reduction in, or withdrawal sources of Iraq benefit Sunni Arabs, Shia talked together. And I said, in your profes- of, the present level of forces. Arabs, Kurds, and other Iraqi citizens in an sional opinion, if we were to bring in more (b) SENSE OF SENATE.—It is the sense of the equitable manner, and the authority of Iraqi American troops now, does it add consider- Senate that— commanders to make tactical and oper- ably to our ability to achieve success in (1) the Senate disagrees with the ‘‘plan’’ to ational decisions without political interven- Iraq? And they all said no. And the reason is, augment our forces by 21,500, and urges the tion. because we want the Iraqis to do more. It’s President instead to consider all options and easy for the Iraqis to rely upon us to do this alternatives for achieving the strategic goals SA 260. Mr. KYL submitted an work. I believe that more American forces set forth below; amendment intended to be proposed by prevent the Iraqis from doing more, from (2) the Senate believes the United States him to the joint resolution H.J. Res. 20, taking more responsibility for their own fu- should continue vigorous operations in making further continuing appropria- ture’’. Anbar province, specifically for the purpose tions for the fiscal year 2007, and for (13) Iraqi Prime Minister Nouri al-Maliki of combating an insurgency, including ele- other purposes; which was ordered to stated on November 27, 2006, that ‘‘The crisis ments associated with the Al Qaeda move- lie on the table; as follows: is political, and the ones who can stop the ment, and denying terrorists a safe haven; cycle of aggravation and bloodletting of in- (3) the Senate believes a failed state in At the appropriate place, insert the fol- nocents are the politicians’’. Iraq would present a threat to regional and lowing: (14) There is growing evidence that Iraqi world peace, and the long-term security in- ‘‘SEC. ll. Notwithstanding any other pro- public sentiment opposes the continued U.S. terests of the United States are best served vision of law, amounts deposited or available troop presence in Iraq, much less increasing by an Iraq that can sustain, govern, and de- in the Crime Victims Fund established under the troop level. fend itself, and serve as an ally in the war section 1402 of the Victims of Crime Act of (15) In the fall of 2006, leaders in the Ad- against extremists; 1984 (42 U.S.C. 10601) shall not be subject to ministration and Congress, as well as recog- (4) the Congress should not take any action any obligational limitation in any fiscal nized experts in the private sector, began to that will endanger United States military year. Amounts made available in this Act, express concern that the situation in Iraq forces in the field, including the elimination except for amounts for defense, homeland se- was deteriorating and required a change in or reduction of funds for troops in the field, curity, and chapter 8, shall be reduced on a strategy; and, as a consequence, the Admin- as such an action with respect to funding pro rata basis by the percentage required to istration began an intensive, comprehensive would undermine their safety or harm their reduce the overall amount made available by review by all components of the Executive effectiveness in pursuing their assigned mis- $1,253,000,000.’’. Branch to devise a new strategy. sions; (16) In December 2006, the bipartisan Iraq (5) the primary objective of the overall SA 261. Mr. KYL submitted an Study Group issued a valuable report, sug- U.S. strategy in Iraq should be to encourage amendment intended to be proposed by gesting a comprehensive strategy that in- Iraqi leaders to make political compromises him to the joint resolution H.J. Res. 20, cludes ‘‘new and enhanced diplomatic and that will foster reconciliation and strength- making further continuing appropria- political efforts in Iraq and the region, and a en the unity government, ultimately leading tions for the fiscal year 2007, and for change in the primary mission of U.S. forces to improvements in the security situation; other purposes; which was ordered to in Iraq that will enable the United States to (6) the military part of this strategy begin to move its combat forces out of Iraq should focus on maintaining the territorial lie on the table; as follows: responsibly’’. integrity of Iraq, denying international ter- At the appropriate place, insert the fol- (17) On January 10, 2007, following con- rorists a safe haven, conducting lowing: sultations with the Iraqi Prime Minister, the counterterrorism operations, promoting re- ‘‘SEC. ll. Notwithstanding any other pro- President announced a new strategy (herein- gional stability, supporting Iraqi efforts to vision of law, amounts deposited or available after referred to as the ‘‘plan’’), which con- bring greater security to Baghdad, and train- in the Crime Victims Fund established under sists of three basic elements: diplomatic, ing and equipping Iraqi forces to take full re- section 1402 of the Victims of Crime Act of economic, and military; the central compo- sponsibility for their own security; 1984 (42 U.S.C. 10601) in any fiscal year in ex- nent of the military element is an augmenta- (7) United States military operations cess of $1,000,000,000 shall not be available for tion of the present level of the U.S. military should, as much as possible, be confined to obligation until the next fiscal year and such forces through additional deployments of ap- these goals, and should charge the Iraqi mili- additional amounts shall only be available proximately 21,500 U.S. military troops to tary with the primary mission of combating for the purposes of such fund. Amounts made Iraq. sectarian violence; available in this Act, except for amounts for (18) On January 10, 2007, the President said (8) the military Rules of Engagement for defense, homeland security, and chapter 8, that the ‘‘Iraqi government will appoint a this plan should reflect this delineation of shall be reduced on a pro rata basis by the military commander and two deputy com- responsibilities, and the Secretary of De- percentage required to reduce the overall manders for their capital’’ and that U.S. fense and the Chairman of the Joint Chiefs of amount made available by $1,253,000,000.’’. forces will ‘‘be embedded in their forma- Staff should clarify the command and con- tions’’; and in subsequent testimony before trol arrangements in Baghdad; SA 262. Mr. MARTINEZ submitted an the Armed Services Committee on January (9) the United States Government should amendment intended to be proposed by 25, 2007, by the retired former Vice Chief of transfer to the Iraqi military, in an expedi- him to the joint resolution H.J. Res. 20, the Army it was learned that there will also tious manner, such equipment as is nec- making further continuing appropria- be a comparable U.S. command in Baghdad, essary; tions for the fiscal year 2007, and for and that this dual chain of command may be (10) the United States Government should problematic because ‘‘the Iraqis are going to engage selected nations in the Middle East other purposes; which was ordered to be able to move their forces around at times to develop a regional, internationally spon- lie on the table; as follows: where we will disagree with that move- sored peace-and-reconciliation process for On page 25, between lines 13 and 14, insert ment’’, and called for clarification. Iraq; the following:

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.050 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1873 ‘‘SEC. lll. Notwithstanding any other APPOINTMENT motion to invoke cloture on H.J. Res. provision of this Act, the Secretary of Agri- 20; that on Tuesday Members have culture may use 1 or more competitive grant The PRESIDING OFFICER. The Chair, on behalf of the Vice President, until 12 noon to file second-degree programs to distribute funding made avail- amendments. able under the heading ‘Cooperative State pursuant to the order of the Senate on Research, Education, and Extension Service’ January 24, 1901, as modified by the The PRESIDING OFFICER. Is there for fiscal year 2007. order of February 5, 2007, appoints the objection? Senator from Tennessee, Mr. CORKER, Without objection, it is so ordered. SA 263. Mr. HATCH submitted an to read Washington’s Farewell Address f amendment intended to be proposed by on Monday, February 26, 2007. EXECUTIVE SESSION him to the joint resolution H.J. Res. 20, making further continuing appropria- f tions for the fiscal year 2007, and for ORDER FOR STAR PRINT—S. 80 EXECUTIVE CALENDAR other purposes; which was ordered to Mr. SANDERS. Mr. President, I ask lie on the table; as follows: Mr. SANDERS. Mr. President, I ask unanimous consent S. 80 be star print- unanimous consent that the Senate On page 105, after line 6, insert the fol- ed with the changes at the desk. proceed to executive session to the con- lowing: The PRESIDING OFFICER. Without SEC. ll. Notwithstanding section 101, for sideration of Executive Calendar No. the Office of Justice Programs, State and objection, it is so ordered. 23; that the nomination be confirmed Local Law Enforcement Assistance, f and the motion to reconsider be laid $85,000,000 for Boys and Girls Clubs in public upon the table; that any statements ANTITRUST MODERNIZATION COM- housing facilities and other areas in coopera- thereon be printed in the RECORD; that tion with State and local law enforcement, MISSION EXTENSION ACT OF 2007 the President be immediately notified as authorized by section 401 of Public Law Mr. SANDERS. I ask unanimous con- of the Senate’s action; and that the 104-294 (42 U.S.C. 13751 note). Amounts made sent the Senate proceed to the imme- Senate return to legislative session. available in this Act, except for amounts for defense, homeland security, and chapter 8, diate consideration of H.R. 742 received The PRESIDING OFFICER. Without shall be reduced on a pro rata basis by the from the House. objection, it is so ordered. percentage required to reduce the overall The PRESIDING OFFICER. The The nomination considered and con- amount made available by $85,000,000. clerk will report the bill by title. firmed is as follows: The bill clerk read as follows: DEPARTMENT OF STATE f A bill (H.R. 742) to amend the Antitrust John D. Negroponte, of New York, to be Modernization Commission Act of 2002, to ex- Deputy Secretary of State. NOTICES OF HEARINGS/MEETINGS tend the term of the Antitrust Moderniza- f COMMITTEE ON RULES AND ADMINISTRATION tion Commission and to make a technical Mrs. FEINSTEIN. Mr. President, I correction. LEGISLATIVE SESSION wish to announce that the Committee There being no objection, the Senate The PRESIDING OFFICER. Under on Rules and Administration will meet proceeded to consider the bill. the previous order, the Senate will now on Wednesday, February 14, 2007, at Mr. SANDERS. I ask unanimous con- return to legislative session. 11:30 a.m., to conduct a hearing on Sen- sent the bill be read the third time and f ate Committee Budget Requests. passed, the motion to reconsider be For further information regarding laid upon the table with no intervening ORDER FOR ADJOURNMENT this hearing, please contact Howard action or debate, and that any state- Mr. SANDERS. Mr. President, if Gantman at the Rules and Administra- ments related to the bill be printed in there is no further business to come be- tion Committee at 224–6352. the RECORD at the appropriate place as fore the Senate today, I now ask unani- COMMITTEE ON INDIAN AFFAIRS if read. mous consent that the Senate stand Mr. DORGAN. Mr. President, I would The PRESIDING OFFICER. Without adjourned under the previous order, at like to announce that the Committee objection, it is so ordered. the conclusion of Senator SMITH’s re- on Indian Affairs will meet on Thurs- The bill (H.R. 742) was ordered to a marks. day, February 15, 2007, at 9:30 a.m. in third reading, was read the third time The PRESIDING OFFICER (Mr. Room 485 of the Russell Senate Office and passed. CASEY). Without objection, it is so or- Building to conduct a hearing the f dered. President’s fiscal year 2008 Budget Re- Mr. SANDERS. I thank the Senator. ORDERS FOR TUESDAY, quest for Tribal Programs. Mr. SMITH. I thank the Senator FEBRUARY 13, 2007 Those wishing additional information from Vermont. may contact the Indian Affairs Com- Mr. SANDERS. Mr. President, I ask The PRESIDING OFFICER. The Sen- mittee at 224–2251. unanimous consent that when the Sen- ator from Oregon. ate completes its business today, it f f stand adjourned until 10 a.m., Tuesday, CONTINUING APPROPRIATIONS February 13; that on Tuesday, fol- AUTHORITY FOR COMMITTEES TO lowing the prayer and pledge, the Jour- Mr. SMITH. Mr. President, I have de- MEET nal of proceedings be approved to date, tailed for you the dramatic story of COMMITTEE ON ENERGY AND NATURAL the morning hour be deemed expired, Federal timber in Oregon. That serves RESOURCES and the time for the two leaders be re- as the backdrop for the issue at hand. Mr. WYDEN. Mr. President, I ask served for their use later in the day; As I mentioned I before, 25 percent of unanimous consent that the Com- that there then be a period of morning Forest Service timber receipts have mittee on Energy and Natural Re- business until 12:30 p.m., with Senators been given to counties—nationwide— sources be authorized to hold a hearing permitted to speak therein, with the since 1908. during the session of the Senate on time equally divided and controlled be- The Twenty-Five Percent Fund Act, Monday, February 12, 2007, at 2:30 p.m. tween the two leaders or their des- Public Law 60–136, reads as follows: in room SD–366 of the Dirksen Senate ignees; that at 12:30 p.m., the Senate PAYMENT OF RECEIPTS FOR SCHOOLS AND Office Building. stand in recess until 2:15 p.m., for the ROADS The dual purpose of this hearing is to conference recess period; that upon re- On and after May 23, 1908, twenty-five per receive recommendations on policies convening at 2:15 p.m., the Senate re- centum of all moneys received during any and programs to improve the energy ef- sume H.J. Res. 20 and that the time fiscal year from each national forest shall be ficiency of buildings and to expand the until 2:30 p.m. be equally divided and paid, at the end of such year, by the Sec- retary of the Treasury to the State or Terri- role of electric and gas utilities in en- controlled between the two leaders or tory in which such national forest is situ- ergy efficiency programs. their designees; that at 2:30 p.m., with- ated, to be expended as the State or Terri- The PRESIDING OFFICER. Without out further intervening action or de- torial legislature may prescribe for the ben- objection, it is so ordered. bate, the Senate proceed to vote on the efit of the public schools and public roads of

VerDate Aug 31 2005 05:27 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.050 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1874 CONGRESSIONAL RECORD — SENATE February 12, 2007 the county or counties in which such na- ferent revenue-sharing agreement with erative agreements with other Federal or tional forest is situated: the Bureau of Land Management that State forest administrative agencies or with Provided, That when any national forest is manages the O&C lands of western Or- private forest owners or operators for the coin more than one State or Territory or coun- ordinated administration, with respect to ty the distributive share to each from the egon. In the original 1937 statute, the BLM time, rate, method of cutting, and sustained proceeds of such forest shall be proportional yield, or forest units comprising parts of re- to its area therein. In sales of logs, ties, is required to give 75 percent of timber vested or reconveyed lands, together with poles, posts, cordwood, pulpwood, and other revenue to the O&C counties. For the lands in private ownership or under the ad- forest products the amounts made available benefit of my colleagues, allow me to ministration of other public agencies, when for schools and roads by this section shall be read this statute: by such agreements he may be aided in ac- based upon the stumpage value of the tim- PUBLIC LAW NUMBER 405 OF THE 75TH complishing the purposes hereinbefore men- ber. CONGRESS—H.R. 7618 tioned. Beginning October 1, 1976, the term ‘‘moneys received’’ shall include all collections AN ACT Relating to the revested Oregon Section 3. The Secretary of the Interior is under the Act of June 9, 1930, and all and California Railroad and re-conveyed authorized to classify, either on application amounts earned or allowed any purchaser of Coos Bay Wagon Road grant lands situated or otherwise, and restore to homestead national forest timber and other forest prod- in the State of Oregon. entry, or purchase under the provisions of Be it enacted by the Senate and House of ucts within such State as purchaser credits, section 14 of the Act of June 28, 1934 (48 Stat. Representatives of the United States of for the construction of roads on the National 1269), any of such revested or reconveyed America in Congress assembled, That not- Forest Transportation System within such land which, in his judgment, is more suitable withstanding any provisions in the Acts of national forests or parts thereof in connec- for agricultural use than for afforestation, June 9, 1916 (39 Stat. 218), and February 26, tion with any Forest Service timber sales reforestation, stream-flow protection, recre- 1919 (40 Stat. 1179), as amended, such portions ation, or other public purposes. contract. of the revested Oregon and California Rail- The Secretary of Agriculture shall, from road and reconveyed Coos Bay Wagon Road Any of said lands heretofore classified as time to time as he goes through his process grant lands as are or may hereafter come agricultural may be reclassified as timber of developing the budget revenue estimates, under the jurisdiction of the Department of lands, if found, upon examination, to be make available to the States his current pro- the Interior, which have heretofore or may more suitable for the production of trees jections of revenues and payments estimated hereafter be classified as timberlands, and than agricultural use, such reclassified tim- to be made under the Act of May 23, 1908, as power-site lands valuable for timber, shall be ber lands to be managed for permanent for- amended, or any other special Acts making managed, except as provided in section 3 est production as herein provided. payments in lieu of taxes, for their use for hereof, for permanent forest production, and Section 4. The Secretary of the Interior is local budget planning purposes. (16 U.S.C. the timber thereon shall be sold, cut, and reauthorized, in his discretion, to lease for 500) moved in conformity with the principal of grazing any of said revested or reconveyed LAW ENFORCEMENT ASSISTANCE sustained yield for the purpose of providing a lands which may be so used without inter- Officials of the Forest Service designated permanent source of timber supply, pro- fering with the production of timber or other by the Secretary of Agriculture shall, in all tecting watersheds, regulating stream flow, purposes of this Act as stated in section 1: ways that are practicable, aid in the enforce- and contributing to the economic stability of Provided, That all the moneys received on ment of the laws of the States and Terri- local communities and industries, and pro- account of grazing leases shall be covered ei- tories with regard to stock, for the preven- viding recreational facilities: ther into the ‘‘Oregon and California land- tion and extinguishment of forest fires, and Provided, That nothing herein shall be grant fund’’ or the ‘‘Coos Bay Wagon Road for the protection of fish and game, and, construed to interfere with the use and de- grant fund’’ in the Treasury as the location with respect to national forests, shall aid the velopment of power sites as may be author- of the leased land shall determine, and be other Federal bureaus and departments, on ized by law. The annual productive capacity subject to distribution as other moneys in request from them, in the performance of the for such lands shall be determined and de- such funds: duties imposed on them by law. (16 U.S.C. clared as promptly as possible after the pas- 553) sage of this Act, but until such determina- Provided further, That the Secretary is also authorized to formulate rules and regu- EXPENDITURES FOR FOREST FIRE EMERGENCIES tion and declaration are made the average lations for the use, protection, improvement, Advances of money under any appropria- annual cut there from shall not exceed one- and rehabilitation of such grazing lands. tion for the Forest Service may be made to half billion feet board measure: Provided, That timber from said lands in the Forest Service and by authority of the Section 5. The Secretary of the Interior is an amount not less than one-half billion feet Secretary of Agriculture to chiefs of field hereby authorized to perform any and all board measure, or not less than the annual parties for fighting forest fires in emergency acts and to make such rules and regulations sustained yield capacity when the same has cases and detailed accounts arising under as may be necessary and proper for the pur- been determined and declared, shall be sold such advances shall be rendered through and pose of carrying the provisions of this Act annually, or so much thereof as can be sold by the Department of Agriculture to the into full force and effect. at reasonable prices on a normal market. General Account Office. (16 U.S.C. 556d) If the Secretary of the Interior determines The Secretary of the Interior is further au- Beginning in the late 1980s, timber that such action will facilitate sustained- thorized, in formulating forest-practice rules sale receipts, the primary funding yield management, he may subdivide such and regulations, to consult with the Oregon source for the 25 Percent Fund Act, revested lands into sustained-yield forest State Board of Forestry, representatives of units, the boundary lines of which shall be so timber owners and operators on or contig- began a precipitous decline for reasons uous to said revested and reconveyed lands, I have explained earlier. established that a forest unit will provide, insofar as practicable, a permanent source of and other persons or agencies interested in This plunge in receipts intensified the use of such lands. and then bottomed out at a much lower raw materials for the support of dependent communities and local industries of the re- In formulating regulations for the protec- level in the 1990s. The decline in region; but until such subdivision is made the tion of such timberlands against fire, the ceipts impacted rural communities in land shall be treated as a single unit in ap- Secretary is authorized, in his discretion, to the West, particularly communities in plying the principle of sustained yield: consult and advise with Federal, State, and Washington, Oregon, northern Cali- Provided, That before the boundary lines county agencies engaged in forest-fire-pro- fornia, and Idaho. of such forest units are established, the De- tection work, and to make agreements with For example, fiscal year 1998 national partment, after published notice thereof, such agencies for the cooperative adminis- forest revenues were $557 million—only shall hold a hearing thereon in the vicinity tration of fire regulations therein: 36 percent of the fiscal year 1989 peak of such lands open to the attendance of State Provided, That rules and regulations for and local officers, representatives of depend- the protection of the revested lands from fire revenues of $1.531 billion. In fiscal year ent industries, residents, and other persons 2004, national forest revenues were shall conform with the requirements and interested in the use of such lands. practices of the State of Oregon insofar as $281.1 million. Due consideration shall be given to estab- the same are consistent with the interests of Payments to many States under the lished lumbering operations in subdividing the United States. 25 Percent Fund Act declined by an av- such lands when necessary to protect the erage of 70 percent from 1986 through economic stability of dependent commu- TITLE II 1998. nities. Timber sales from a forest unit shall be limited to the productive capacity of such That on and after March 1, 1938, all moneys Now these are national figures. Those deposited in the Treasury of the United in Oregon were far more severe, reflect- unit and the Secretary is authorized, in his discretion, to reject any bids which may States in the special fund designated the ing the drastic halt in the Federal tim- interfere with the sustained-yield manage- ‘‘Oregon and California land-grant fund’’ ber sale program there. ment plan of any unit. shall be distributed annually as follows: The problem was compounded be- Section 2. The Secretary of the Interior is (a) Fifty per centum to the counties in cause 18 Oregon counties have a dif- authorized, in his discretion, to make coop- which the lands revested under the Act of

VerDate Aug 31 2005 05:27 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.062 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1875 June 9, 1916 (39 Stat. 218), are situated, to be Between the O&C Act and the 25 Per- tion of electing to receive its share of payable on or after June 30, 1938, and each cent Act, revenue sharing with Oregon the State’s 25-percent payment or its year thereafter to each of said counties in counties capitalized public services in share of the average of the State’s the proportion that the total assessed value my State for generations. three highest 25-percent payments of the Oregon and California grant lands in each of said counties for the year 1915 bears These funds literally built the librar- from fiscal years 1986 through 1999. to the total assessed value of all of said lands ies and schools and roads in the rural Of the 717 counties and the 4,400 rural in the State of Oregon for said year, such parts of Oregon. They paid the bills, schools in 41 States that were eligible moneys to be used as other county funds. bought the books and kept commu- for their share of the State’s amount (b) Twenty-five per centum to said coun- nities safe. under the act, 550, or 77 percent, ini- ties as money in lieu of taxes accrued or And then, all of a sudden, those funds tially decided to accept that payment which shall accrue to them prior to March 1, vanished into thin air. Hundreds of in fiscal year 2001. By 2003, 615 counties, 1938, under the provisions of the Act of July communities in my State—landlocked or 86 percent, of eligible counties took 13, 1926 (44 Stat. 915), and which taxes are un- the safety net payments rather than paid on said date, such moneys to be paid to by Federal land—were left to wither said counties severally by the Secretary of and die on the Federal vine. payment from actual timber harvests. the Treasury of the United States, upon cer- In some school districts, revenues The majority of these counties are tification by the Secretary of the Interior, from the Forest Service have declined located in the western and southern until such tax indebtedness as shall have ac- by as much as 90 percent. Timber re- portions of this country, while those crued prior to March 1, 1938, is extinguished. ceipts to Grant County, OR, for roads that have remained under the 25 Per- From and after payment of the above ac- and schools declined from a high of cent Fund Act are primarily in the crued taxes said 25 per centum shall be ac- $12.4 million in 1992 to $1.9 million in Great Lakes area, where Federal tim- credited annually to the general fund in the ber harvest has remained sustainable. Treasury of the United States until all reim- 1997. Schools there operated 4 days a week. Payments from National Forests au- bursable charges against the Oregon and thorized by the Secure Rural Schools California land-grant fund owing to the gen- Road crews were laid off. Law enforce- eral fund in the Treasury have been paid: ment and search and rescue were cur- Act have totaled over $1 billion, and Provided, That if for any year after the ex- tailed. have averaged over $301 million each tinguishment of the tax indebtedness accru- The evisceration of public services in year since the act was implemented. ing to the counties prior to March 1, 1938, rural counties was matched by afflic- Payments have varied by region of the under the provisions of Forty-fourth Stat- tion in the private sector. In April 1999, country. For example, the fiscal year utes, page 915, the total amount payable 14 of Oregon’s 36 counties had an unem- 2004 payments distribution included ap- under subsection (a) of this title is less than proximately $37 million to southern 78 per centum of the aggregate amount of ployment rate at least twice the national average of 4.1 percent. States, $14 million to northeast and tax claims which accrued to said counties midwest States, $273 million to Oregon, under said Act for the year 1934, there shall There were six counties with unem- be additionally payable for such year such ployment rates in excess of 10 percent, Washington, and California, and $71 portion of said 25 per centum (but not in ex- led by Grant County with nearly 17 per- million to the other western States. I should note that these figures rep- cess of three-fifths of said 25 per centum), as cent. resent Forest Service allocations, and may be necessary to make up the deficiency. It is by no means an exaggeration When the general fund in the Treasury has Oregon receives an additional payment that this condition was a direct result been fully reimbursed for the expenditures for the O&C lands. which were made charges against the Oregon of Federal forest management deci- Funding derived from the Treasury and California land-grant fund said 25 per sions. has provided not only more stable And Oregon was not the only State centum shall be paid annually, on or after funding but also significantly higher June 30, to the several counties in the man- held to the flames. The shadow of the payments than would have been the ner provided in subsection (a) hereof. Clinton forest philosophy fell upon case under the 25 Percent Fund. For ex- (c) Twenty-five per centum to be available every State with public lands. ample, if payments were still based on for the administration of this Act, in such Impacted communities in Idaho, 25 percent of actual timber receipts in annual amounts as the Congress shall from Alaska, California, Montana, Texas, time to time determine. Any part of such per 2004, the total payment to all States Arkansas, Mississippi, West Virginia, centum not used for administrative purposes would be $71.4 million. In comparison, and South Dakota were in equally dire shall be covered into the general fund of the the full payment amount for all States circumstances. Treasury of the United States: for fiscal year 2005 is $395.7 million, an Provided, That moneys covered into the Congress responded to the outcry of 82-percent difference nationwide. Treasury in such manner shall be used to these communities. Led by my col- satisfy the reimbursable charges against the When President Clinton signed the league from Oregon, Senator WYDEN, Secure Rural Schools bill into law, his Oregon and California land-grant fund men- and my colleague from Idaho, Senator tioned in subsection (b) so long as any such press release stated: CRAIG—Congress developed a safety net charges shall exist. Rural communities will no longer be de- All Acts or parts of Acts in conflict with to stop the hemorrhage. pendent on decreasing federal timber sales to this Act are hereby repealed to the extent The future of that safety net—and of staff and equip schools and provide essential necessary to give full force and effect to this the communities helplessly held in it— government services. Act. is why I stand in the Senate chamber However, the President wrongly as- Approved, August 28, 1937. today. sumed that his Northwest Forest Plan As my colleagues have just heard, Mr. President, I do want to talk was working. Again, his release stated: the O&C Act mandates permanent tim- about Oregon impacts. The President’s Pacific Northwest Forest ber production from these lands for the On October 30, 2000, Public Law 106– Plan broke the stalemate over the northern benefit of the counties. 393 was signed into law to offset the ef- spotted owl, balancing the preservation of This is a drastically different man- fect of decreased revenues available to old-growth stands with the economic needs agement direction than the National States from declining timber harvests of timber-dependent communities. Forests. In fact, the act states that on Federal lands. While the current administration is timber production should not be less Also known as the Secure Rural doing what it can to bring Federal for- than half a billion board feet a year— Schools and Community Self-Deter- est management up to speed, Oregon 500 million board feet—but within the mination Act, it authorized a tem- communities find themselves in the sustained yield level. porary alternative to the receipts- same situation they were in a decade This means harvesting less than the based payment of the previous 100 ago. growth rate of the trees, while still years. The county payments safety net ex- meeting goals for protection of water In essence, the Secure Rural Schools pired last September. As this Chamber and wildlife. Act provided direct funding to counties considers this half-trillion-dollar In the 1980s, the harvest level on the and States based on historic rather spending bill, Oregon county commis- O&C lands was well in excess of a bil- than actual timber harvests and re- sioners are preparing for a budgetary lion board feet per year. By 1990, har- ceipts. This statute provided annual doomsday scenario. Let me describe vest had fallen to 100 million board payments to States for fiscal years 2001 what this grim situation is looking feet—a 94-percent drop within a decade. to 2006. An eligible county had the op- like to them.

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.064 S12FEPT1 mstockstill on PROD1PC66 with SENATE S1876 CONGRESSIONAL RECORD — SENATE February 12, 2007 Baker County: Home of the Oregon Coos County has not only been hard hit those places so dominated by Federal Trail Interpretive Center, the Geiser by Federal timber policies, but by the land that new tax revenue from prop- Grand Hotel, and named for COL Ed- collapse of federally managed fisheries. erty development is simply impossible. ward Baker—Mr. President, I will bet The safety net provides nearly $8 mil- Only 3 percent of the land base is devel- you did not know that there is one lion a year to Coos County—more than opable. State that has more than two statues twice what the county can collect in Deschutes County is a high desert in Statuary Hall. That State is Oregon. property taxes. Without the safety net, paradise with snow-capped mountains, We all get two, but Oregon got three 45 percent of its road and general fund rugged mountain bike trails, swift because Edward Baker was a Senator will vanish. whitewater, and the Sisters Rodeo, the killed in one of the first actions of the County officials expect to lay off a ‘‘Biggest Little Show in the World.’’ Civil War at Ball’s Bluff, VA. He was third of their road crew. Nineteen em- Timber harvest in the Deschutes Na- also a former law partner to Abraham ployees at the Coos County Sheriff’s tional Forest fell 83 percent between Lincoln. Department have already received 1985 and 1999. Large forest fires con- He found his way on a speechmaking their pink slips telling them not to tinue to mar the landscape there, caus- tour to Oregon. They were so impressed show up for work on February 27. These ing evacuations of local communities with him they asked him to be their workers included corrections officers, nearly every summer. We don’t manage Senator. I have his seat today. He came two patrol deputies, a 911 dispatcher, it. We just burn it now. They are going back here as a sitting Senator and as and two animal control officers. Addi- to lose huge amounts of their county an officer in the United States cavalry. tional cuts will be made from the dis- budgets: from the road department, a While serving in both capacities, he trict attorney’s office, juvenile court 79-percent reduction; from the Bend/ lost his life. So Edward Baker, an Ore- counselors, and the public health de- LaPine School District, they will lose gonian only briefly, has the third stat- partment. $651,000 from the safety net. ue for Oregon in Statuary Hall. It is I should note that these types of Then Douglas County, timber capital said that at his funeral, conducted in services are constitutionally required of the world and home to Johnny the Rotunda, it was difficult to hear for counties to provide. Cash’s ‘‘Lumberjack.’’ Given the wood- because of the audible sobbings of the Crook County: Home of the Ochoco basket of Douglas Fir, many believe President of the United States, Abra- National Forest, where timber harvest this county was named after the ham Lincoln. fell 98 percent between 1991 and 2006. If silviculturist David Douglas. But In 2004, the Baker County Road De- the safety net is not extended, Crook Douglas County was actually named partment received $577,000 from the Se- County stands to lose 28 percent of its for Stephen Douglas, Abraham Lin- cure Rural Schools and Community general discretionary budget. Its roads coln’s opponent in the 1860 Presidential Self-Determination Act. If the Baker and its schools are in great jeopardy. election. Douglas was an ardent con- County Road Department had to rely In 2004, the Crook County Road De- gressional supporter for Oregon’s entry on actual timber receipt revenue, they partment received over $2 million from into the Union. Timber harvest on would have received only a fraction of the Secure Rural Schools and Commu- their forest, the Umpqua National For- that. In 2004, the Baker County School nity Self-Determination Act. If the est, fell 99 percent between 1984 and District received $211,000 from the safe- Crook County Road Department had to 2004. In 2004, Douglas County’s discre- ty net. rely on actual timber receipt revenue, tionary general fund received over $26 Let me go to Benton County, the they would have received $33,160 from million from the safety net. This rep- home of the Oregon State Beavers. It is U.S. Forest Service lands—a 99-percent resents 78 percent of Douglas County’s one of seven counties nationwide to be reduction in Federal funds. discretionary general fund. The Doug- named for a U.S. Senator, Thomas Hart In 2004, the Crook County School Dis- las County Road Department received Benton of Missouri—a longtime advo- trict received $746,535 from the safety over $13 million from the Secure Rural cate of the development of Oregon net. Schools and Community Self-Deter- country. Benton County stands to lose Curry County lies in the far south- 15 percent of its general discretionary mination Act. If the Douglas County west corner of Oregon. budget, including $285,000 from its road Road Department had to rely on actual Cape Blanco in Curry County department. timber receipts, they would have re- Clackamas County, home of Mount stretches out in the Pacific Ocean to ceived $791,000, a-94 percent loss of Fed- Hood and the historic Timberline form the most western point in the eral revenue. Lodge that President Roosevelt dedi- lower 48. The Roseburg School District 4 re- cated. Between 1984 and 2001, timber You ought to see how beautiful it is ceived a $1.8 million from the safety harvest fell on the Mount Hood Na- there, Mr. President. net in 2004. That goes away. Grant County, home of the John Day tional Forest by 97 percent. It shares with Josephine County the Clackamas County stands to lose $10 Siskiyou National Forest, the site of Fossil Beds National Monument and million per year without an extension the 2002 Biscuit Fire—the largest in Or- the Malheur National Forest, timber of the safety net. egon history. Between 1989 and the harvest on that dropped 98 percent. In 2004, the Clackamas County Road year of that colossal wildfire, timber More than 60 percent of Grant County Department alone received over $4 mil- harvest on the Siskiyou National For- is owned by the public, and their dis- lion from the Secure Rural Schools and est dropped 99.5 percent. cretionary fund is going to drop a Community Self-Determination Act. If As such, Curry County stands to lose whopping amount as well. They will the Clackamas County Road Depart- 62 percent of its general discretionary lose millions in road and school fund- ment had to rely on actual timber refund. This translates into the loss of ing. Two of its three county patrol offi- ceipt revenue, they would have re- seven sheriff’s deputies, two county as- cers will be eliminated. Sixty-two perceived $333,128 from U.S. Forest Service sessors, cutbacks in juvenile services, cent of the land in John Day School lands, a 92-percent reduction in these and loss of a deputy district attorney. District is federally owned, so the dis- Federal funds. The county sheriff’s office presently trict was heavily dependent on Federal Clackamas County schools will re- takes about 52 percent of the county’s forest fees. As a result, in 1998, the dis- ceive $1.5 million a year from the Se- ‘‘safety net’’ dollars, which means that trict went to a 4-day school week. We cure Rural Schools and Community if they had reductions to cover the always talk about No Child Left Be- Self-Determination Act. That goes amount of their percentage, it would hind. We are going to leave a lot of Or- away. lose all of its patrol deputies, two ser- egon kids behind if we don’t keep this Columbia County: In 2004, their dis- geants, its only lieutenant, and two bargain. cretionary general fund received over jailors. Harney County, home of Steens $2 million from the safety net. This The Curry County Road Department Mountain, part of the county’s 77 per- represents 31 percent of Columbia will lose 75 percent of its entire budget. cent public ownership. You ought to County’s discretionary general fund. The Brookings-Harbor School Dis- see Steens Mountain, be down on the Coos County used to be home to the trict is going to lose $700,000 from the Alvord flat, a salt flat, and see the sun world’s largest lumber-exporting port. safety net. Curry County is one of come up in the morning and hit those

VerDate Aug 31 2005 03:40 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.059 S12FEPT1 mstockstill on PROD1PC66 with SENATE February 12, 2007 CONGRESSIONAL RECORD — SENATE S1877 mountains and turn them pink. It is here. You can probably tell that. I meet this obligation until it can re- astonishingly beautiful. They are going speak more out of sorrow than anger, solve this dispute. President Clinton to get hammered. Their road depart- but I am angry, too. It is a tragedy. tried, President Bush has tried, but the ment is going to lose 70 percent of its Both parties are guilty in the mutation Congress and the courts have been in funding. Their school district will lose from the Federal Government becom- the way. In the meantime, my col- nearly $700,000. ing Oregon’s protagonist to its antago- league and I need the Federal Govern- Hood River County, home of pear or- nist. I was going to tell you more about ment to get out of the way and con- chards, wind surfing, and skiing. In Lane County and Linn County, named tinue to help us, instead of hurting the fact, JOHN KERRY still goes there a lot for U.S. Senator James Linn of Mis- people whom it grew Oregon to bless. to wind surf, wind surfing capital of souri—another Missouri Senator has an I yield the floor. the world. Hood River County stands to Oregon County named for him. lose 32 percent of its discretionary I was going to tell you about Lincoln f funds without the safety net. The road County, home of Depoe Bay, the whale- department loses over a million, and watching capital of the world. They ADJOURNMENT UNTIL 10 A.M. their school district will lose half a will get hammered, too. TOMORROW million and more. Marion County, home of the State The PRESIDING OFFICER. Under Jackson County, home of the Oregon capitol, the largest producer of agricul- Shakespearean Festival, dominated by the previous order, the Senate stands tural products in Oregon. The Marion adjourned until 10 a.m. tomorrow the BLM’s O&C lands. Jackson County berry—you have probably heard of faces a $20 million shortfall without a morning. that—is delicious. Thereupon, the Senate, at 7:22 p.m., county payments extension, 33 percent Morrow County; Polk County named adjourned until Tuesday, February 13, of its road and general budget. Jackson for James K. Polk, one of our unsung 2007, at 10 a.m. County is on the verge of closing all 15 great Presidents. of its public libraries, if the safety net Tillamook County—you probably f is not extended. The county also plans heard of Tillamook cheese. It is fabu- NOMINATIONS to lay off 30 positions in health and lous. Their county is in real peril be- human services and reduce the number cause 64 percent of Tillamook County Executive nominations received by of jail beds. In 2004, the Jackson Coun- is publicly owned, and nearly 20 per- the Senate February 12, 2007: ty Road Department received over $3.8 cent of its total discretionary budget is NATIONAL CONSUMER COOPERATIVE BANK million from county payments. If they at risk JANIS HERSCHKOWITZ, OF PENNSYLVANIA, TO BE A had to rely on actual timber harvests, Union County, land of the Grand MEMBER OF THE BOARD OF DIRECTORS OF THE NA- TIONAL CONSUMER COOPERATIVE BANK FOR A TERM OF they would have received a 97-percent Ronde Valley, is near my home. This THREE YEARS, VICE RAFAEL CUELLAR, TERM EXPIRED. reduction in Federal funds. county is right in the middle of Federal DAVID GEORGE NASON, OF RHODE ISLAND, TO BE A Jefferson County, home of Mount MEMBER OF THE BOARD OF DIRECTORS OF THE NA- forest lands. They will suffer a 55-per- TIONAL CONSUMER COOPERATIVE BANK FOR A TERM OF Jefferson—that is a pretty place— cent reduction in Federal funds. THREE YEARS, VICE MICHAEL SCOTT, RESIGNED. Black Butte, Warm Springs Indian Res- NGUYEN VAN HANH, OF CALIFORNIA, TO BE A MEMBER Wallowa County is a little Switzer- OF THE BOARD OF DIRECTORS OF THE NATIONAL CON- ervation, 300 days of sunshine a year. land. It is one of the loveliest places on SUMER COOPERATIVE BANK FOR A TERM OF THREE YEARS, VICE ALFRED PLAMANN, TERM EXPIRED. In 2004, the Jefferson County Road De- Earth. It is where Oregon joins the DEPARTMENT OF STATE partment received $445,000 from the Rocky Mountains. Their county stands county payments. If the Jefferson to lose a tremendous percentage of ZALMAY KHALILZAD, OF MARYLAND, TO BE REP- County Road Department had to rely RESENTATIVE OF THE UNITED STATES OF AMERICA TO their ability to continue. THE SESSIONS OF THE GENERAL ASSEMBLY OF THE on actual timber receipts, they would Yamhill County. If you like Oregon UNITED NATIONS DURING HIS TENURE OF SERVICE AS have received $89,000 from the U.S. For- REPRESENTATIVE OF THE UNITED STATES OF AMERICA pinot noirs—I don’t drink them, but a TO THE UNITED NATIONS. est Service. lot of people like Oregon pinot noirs— ZALMAY KHALILZAD, OF MARYLAND, TO BE THE REP- Josephine County, the home of Or- RESENTATIVE OF THE UNITED STATES OF AMERICA TO they come from Yamhill County. They THE UNITED NATIONS, WITH THE RANK AND STATUS OF egon Caves National Monument and are in trouble. And they are in trouble. AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY, the Rogue River, 62 percent of Jose- AND THE REPRESENTATIVE OF THE UNITED STATES OF Wheeler County. AMERICA IN THE SECURITY COUNCIL OF THE UNITED NA- phine County is publicly owned. They Mr. President, I have talked enough, TIONS. are going to lose 79 percent of their FORD M. FRAKER, OF MASSACHUSETTS, TO BE AMBAS- and you have been indulgent of me. I SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF county’s general discretionary funds. promised the majority leader I would THE UNITED STATES OF AMERICA TO THE KINGDOM OF Klamath County, home of Crater SAUDI ARABIA. take only the time he wanted me to Lake, the deepest lake in North Amer- NATIONAL COUNCIL ON DISABILITY speak. But the Federal Government ica and Oregon’s first national park. MARYLYN ANDREA HOWE, OF MASSACHUSETTS, TO BE Klamath County is also the home of owns my State—more than half of it. It A MEMBER OF THE NATIONAL COUNCIL ON DISABILITY incentivized the development of Or- FOR A TERM EXPIRING SEPTEMBER 17, 2008, VICE GLENN the devastating shutoff of irrigation BERNARD ANDERSON, TERM EXPIRED. water by Federal agencies in 2001. In egon’s resources. It laid down the LONNIE C. MOORE, OF KANSAS, TO BE A MEMBER OF terms for the development of timber in THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EX- 2004, Klamath County’s discretionary PIRING SEPTEMBER 17, 2008, VICE MARCO A. RODRIGUEZ, general fund received over $3 million Oregon. It built my State. I will bet it TERM EXPIRED. even helped build some of the homes in CYNTHIA ALLEN WAINSCOTT, OF GEORGIA, TO BE A from the safety net. This represents MEMBER OF THE NATIONAL COUNCIL ON DISABILITY nearly 30 percent of their general dis- which you live. FOR A TERM EXPIRING SEPTEMBER 17, 2008, VICE BAR- cretionary budget. But the environmental ethic BARA GILLCRIST, TERM EXPIRED. Lake County, home of the Hart changed. Whatever side you come down DEPARTMENT OF HEALTH AND HUMAN SERVICES Mountain National Antelope Refuge— on, in the middle of that contest are W. CRAIG VANDERWAGEN, OF MARYLAND, TO BE AS- people and counties and governmental SISTANT SECRETARY FOR PREPAREDNESS AND RE- 78 percent of that county is owned by SPONSE, DEPARTMENT OF HEALTH AND HUMAN SERV- the Federal Government. Lake County services that need to be continued ICES. (NEW POSITION) stands to lose 50 percent of its discre- until the Federal Government can fig- NATIONAL BOARD FOR EDUCATION SCIENCES ure out the right balance in the eco- tionary general funds—again, roads DAVID C. GEARY, OF MISSOURI, TO BE A MEMBER OF and schools. nomic/environmental equation. THE BOARD OF DIRECTORS OF THE NATIONAL BOARD I have been down here talking a long FOR EDUCATION SCIENCES FOR A TERM EXPIRING NO- Lane County was named for the great VEMBER 28, 2010, VICE ROBERTO IBARRA LOPEZ, TERM Joseph Lane, first territorial Governor, time. I have to look for every oppor- EXPIRED. tunity to keep talking because I need ERIC ALAN HANUSHEK, OF CALIFORNIA, TO BE A MEM- first U.S. Senator from Oregon. Lane BER OF THE BOARD OF DIRECTORS OF THE NATIONAL County is one of the largest recipients to awaken my colleagues to the Fed- BOARD FOR EDUCATION SCIENCES FOR A TERM EXPIR- of safety net dollars, and for good rea- eral obligation that exists to real peo- ING NOVEMBER 28, 2010. (REAPPOINTMENT) CAROL D’AMICO, OF INDIANA, TO BE A MEMBER OF THE son. This was the epicenter of the spot- ple with real concerns and with a real BOARD OF DIRECTORS OF THE NATIONAL BOARD FOR ted owl controversy, and timber har- claim on the Federal Government. As EDUCATION SCIENCES FOR A TERM EXPIRING NOVEM- BER 28, 2010. (REAPPOINTMENT) vest was cut back there more than any- we look for offsets, let me simply say UNITED STATES POSTAL SERVICE where else in the Nation. that we are out of time. Mr. President, I don’t want to abuse The real offset ought to be the honor ELLEN C. WILLIAMS, OF KENTUCKY, TO BE A GOV- ERNOR OF THE UNITED STATES POSTAL SERVICE FOR A your time. I am trying to make a point of the Federal Government. It ought to TERM EXPIRING DECEMBER 8, 2014. (REAPPOINTMENT)

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INSTITUTE OF AMERICAN INDIAN AND ALASKA ARTS DEVELOPMENT FOR A TERM EXPIRING MAY 19, 2008, QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY VICE MICHAEL A. NARANJO, TERM EXPIRED. CONSTITUTED COMMITTEE OF THE SENATE. NATIVE CULTURE AND ARTS DEVELOPMENT PERRY R. EATON, OF ALASKA, TO BE A MEMBER OF KRISTINE MARY MILLER, OF COLORADO, TO BE A MEM- THE BOARD OF TRUSTEES OF THE INSTITUTE OF AMER- f BER OF THE BOARD OF TRUSTEES OF THE INSTITUTE OF ICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND DEVELOPMENT FOR A TERM EXPIRING MAY 19, 2012, VICE WITHDRAWAL ARTS DEVELOPMENT FOR A TERM EXPIRING MAY 19, 2010, A. DAVID LESTER, TERM EXPIRED. VICE D. BAMBI KRAUS, TERM EXPIRED. Executive Message transmitted by f BRENDA L KINGERY, OF TEXAS, TO BE A MEMBER OF the President to the Senate on Feb- THE BOARD OF TRUSTEES OF THE INSTITUTE OF AMER- ICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS CONFIRMATION ruary 12, 2007 withdrawing from further DEVELOPMENT FOR A TERM EXPIRING MAY 19, 2012, VICE Senate consideration the following JOHN RICHARD GRIMES, RESIGNED. Executive nomination confirmed by JULIE E. KITKA, OF ALASKA, TO BE A MEMBER OF THE the Senate Monday, February 12, 2007: nomination: BOARD OF TRUSTEES OF THE INSTITUTE OF AMERICAN Ellen C. Williams, of Kentucky, to be a INDIAN AND ALASKA NATIVE CULTURE AND ARTS DE- DEPARTMENT OF STATE VELOPMENT FOR A TERM EXPIRING MAY 19, 2012, VICE Governor of the United States Postal Service KATHERINE L. ARCHULETA, TERM EXPIRED. JOHN D. NEGROPONTE, OF NEW YORK, TO BE DEPUTY for a term expiring December 8, 2016. (Re- SONYA KELLIHER-COMBS, OF ALASKA, TO BE A MEM- SECRETARY OF STATE. BER OF THE BOARD OF TRUSTEES OF THE INSTITUTE OF THE ABOVE NOMINATION WAS APPROVED SUBJECT TO appointment), which was sent to the Senate AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND THE NOMINEE’S COMMITMENT TO RESPOND TO RE- on January 9, 2007.

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PAYING TRIBUTE TO ception in 2005 through the conclusion of the PAYING TRIBUTE TO LARRY RUVO FRED GUTIERREZ 109th Congress, I know the profound effect these interactions have in the precious devel- HON. JON C. PORTER HON. JON C. PORTER opment of democratic governance in some of OF NEVADA OF NEVADA the world’s fledgling democracies. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I have witnessed firsthand Monday, February 12, 2007 the good that can come from the House De- Monday, February 12, 2007 mocracy Assistance Commission, and I ask Mr. PORTER. Madam Speaker, I rise today Mr. PORTER. Madam Speaker, I rise today that all my colleagues join me in supporting H. to honor Larry Ruvo, founder of the Keep to honor Fred Gutierrez who has diligently Res. 24. Memory Alive Foundation and the Lou Ruvo served the Las Vegas community for 36 years Brain Institute. as a Metropolitan Police Officer. f Larry Ruvo is a pillar in the Las Vegas com- Fred Gutierrez was the longest-serving po- munity. He is a business leader and philan- lice officer with the Metropolitan Police Depart- RECOGNIZING THE WORK AND AC- thropist with an extraordinary commitment to ment. Fred was one of seven current officers COMPLISHMENTS OF MR. BRITT improving the world around him. Larry is sen- who worked for the Las Vegas Police Depart- ‘‘MAX’’ MAYFIELD, DIRECTOR OF ior managing partner of Southern Wines and ment or Clark County Sheriff’s Department be- THE NATIONAL HURRICANE CEN- Spirits and has contributed in a number of fore they consolidated in 1973. Fred was dedi- TER’S TROPICAL PREDICITON ways to Southern Nevada. Larry spearheaded cated to serving the public and found his ef- CENTER UPON HIS RETIREMENT the establishment of UNLVino wine tasting, forts could best be put to use by moving from America’s largest single-day wine tasting charitable event, raising millions of dollars for the the traffic section in 1977 to patrolling the Las SPEECH OF Vegas valley’s roadways and investigating ac- students of the William F. Harrah College of cidents. It was there that he felt he could ac- HON. EDDIE BERNICE JOHNSON Hotel Administration at UNLV. Larry is also a complish the most and spent the next 24 founding member of the Young Presidents’ Or- OF TEXAS years in this division. In 2001, he moved to ganization, Nevada Chapter and a member of the agency’s DUI detail to help research the IN THE HOUSE OF REPRESENTATIVES the World Presidents’ Organization, as well as a board member of the Nevada Ballet Dance criminal background of those arrested for driv- Wednesday, February 7, 2007 ing under the influence. Theater and the American Gaming Associa- Madam Speaker, I am proud to honor Fred Ms. EDDIE BERNICE JOHNSON of Texas. tion. For his efforts, Larry has been recog- Gutierrez. His commitment to protecting the Mr. Speaker, it is my privilege to honor the nized as Man of the Year by the Muscular Las Vegas Metropolitan community and exem- years and extraordinary work by Britt ‘‘Max’’ Dystrophy Association and received Man of plary record of service is admirable. He serves Mayfield the Director of the National Hurricane the Year honors from the University of Nevada as an example to all of us and I wish him the Center’s Tropical Prediction Center. His work Las Vegas and the Food and Beverage Direc- best in his retirement. has been invaluable to the State of Texas and tors Association. f this Nation. Although all of these accomplishments have Mr. Mayfield has played a key role in fore- contributed immensely to the enrichment of ESTABLISHING THE HOUSE DE- cast and service improvements for over 33 the southern Nevada community, Larry Ruvo’s MOCRACY ASSISTANCE COMMIS- years. vision and commitment to fighting Alzheimer’s SION FOR THE ONE HUNDRED disease is perhaps his most important con- TENTH CONGRESS A Fellow of the American Meteorological so- tribution. After experiencing the devastating ciety, he has lectured in the United Nations’ loss of his father, Lou Ruvo, to Alzheimer’s HON. SILVESTRE REYES World Meteorological Organization sponsored disease, Larry worked with members of our training sessions, and provides numerous community as well as prominent members of OF TEXAS works for the worldwide media. IN THE HOUSE OF REPRESENTATIVES the medical community to found the Keep In 1996, Britt ‘‘Max’’ Mayfield was honored Memory Alive Foundation to raise funds for Monday, February 12, 2007 by the American Meteorological Society with the Lou Ruvo Brain Institute. Since its found- Mr. REYES. Madam Speaker, I rise in the Francis W. Reichelderfer Award for an ex- ing, the Keep Memory Alive Foundation has strong support of H. Res. 24, establishing the emplary work as the coordinator of the Na- become one of Las Vegas’s most important House Democracy Assistance Commission for tional Hurricane Center. charity initiatives and a key participant in the the One Hundred Tenth Congress. His calm voice but unwavering strength has Nation’s fight against Alzheimer’s disease. As The House Democracy Assistance Commis- guided Florida and million others through a result of the foundation’s proactive mission sion’s mission is to strengthen democratic in- some of the worst hurricane seasons in the to fight neurological diseases, the Keep Mem- stitutions around the world by fostering work- history of the United States and has helped ory Alive Foundation has raised more than ing relationships with emerging or existing de- saved millions of American lives. $20 million and recruited leading specialists to mocracies and providing expert insight into the In the wake of Hurricane Katrina, Mayfield become a part of this vital project. This month, democratic process. Members of Congress, was summoned to testify at six congressional the foundation will break ground on the Lou key staff, and Congressional support agencies hearings. Ruvo Brain Institute, which will become an in- meet with selected legislative leaders from credible force for researching and developing He and his staff won numerous praises for around the world to offer assistance that will new treatments for neurological diseases in- their efforts to alert the people of Louisiana enhance accountability, transparency, legisla- cluding Alzheimer’s, Parkinson’s, and Hunting- and Tennessee. tive independence, and government oversight ton’s diseases. in foreign parliaments. As he leaves the Hurricane Center’s Trop- Madam Speaker, I am proud to honor Larry We are in unprecedented times, and today ical Prediction Center, he continues to serve Ruvo. Through a number of endeavors he has the mission of the House Democracy Assist- his nation and the world. Mayfield is the cur- greatly enriched the lives of those in the Las ance Commission is especially vital. Pro- rent member chairman of the World Meteoro- Vegas community. I commend his efforts in moting democracy throughout the world is es- logical Organization’s Regional Association— the fight against Alzheimer’s and other neuro- sential to our Nation’s immediate and long- IV, which supports 26 members from Atlantic logical diseases. I express my sincerest grati- term security, and to the future of our global and eastern Pacific countries. tude for his vision and his commitment to this community. As a member of the House De- Therefore Mr. Speaker, I rise with great important cause and I congratulate him on the mocracy Assistance Commission from its in- pleasure to honor Britt ‘‘Max’’ Mayfield. opening of the Lou Ruvo Brain Institute.

∑ 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.

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His was dedicated to the community at UMass Lowell, was attacked by a knife- SERVING IN THE ARMED FORCES and enriched countless lives in southern Ne- wielding assailant. Sgt. Madden’s 13-year-old OF THE UNITED STATES vada. He was truly a distinguished humani- sister, Mary, heard her screams and called her tarian and will be profoundly missed. brother who rushed, unarmed, to Ms. Hooker’s HON. PHIL HARE f aid. He confronted her attacker and, directing another neighbor to call 911, pursued the OF ILLINOIS RECOGNIZING DEBORAH MOSS AS IN THE HOUSE OF REPRESENTATIVES man, caught him, and held him until the police WASHINGTON COUNTY, FLOR- arrived. His swift action very likely saved Ms. Monday, February 12, 2007 IDA’S TEACHER OF THE YEAR Hooker’s life: his presence brought an end to Mr. HARE. Madam Speaker, today I am the stabbing and secured prompt medical at- proud to introduce a bill to ensure the creation HON. JEFF MILLER tention. of a Disabled Veterans Memorial. This bill OF FLORIDA Sgt. Madden is a graduate of Cambridge would extend the memorial’s charter until IN THE HOUSE OF REPRESENTATIVES Rindge and Latin High School and a junior 2015, allowing the necessary time to raise the Monday, February 12, 2007 majoring in American history at Framingham private resources and navigate the 10-year State College. He joined the Army Reserve in approval process required to bring the memo- Mr. MILLER of Florida. Madam Speaker, on February 2002, and serves with the 401st rial to life in Washington, DC. behalf of the United States Congress, it is an Chemical Company, commanded by Capt. Jef- There are more than 3 million disabled vet- honor for me to rise today to recognize Debo- frey A. Fidler. Seventy members of his unit, erans living today, and millions of veterans rah Moss as Washington County’s Teacher of his family, and Ms. Hooker were present to from past and future conflicts who will be hon- the Year. see Col. Stephen Falcone present the award. ored by this long-overdue memorial. The me- Deborah Moss joined the Washington Coun- We all hope that we would act in a crisis as morial will be located on an impressive 2-acre ty School District Administration in 1996, with Sgt Madden did. Most of us are never tested site within full view of the U.S. Capitol, adja- an education background in speech pathology and we do not know if we would put ourselves cent to the National Mall, and across Inde- and 17 years of teaching experience in in harm’s way, without hesitation, to save the pendence Avenue from the U.S. Botanical Escambia and Santa Rosa Counties of north- life of another person. Carlos Madden inspires Garden, at Washington Avenue—Canal west Florida. Mrs. Moss has proudly served us with his bravery and with his reflections on Street—and Second Street, SW. the Washington County School District for the event. ‘‘I know I would do it again, for any Adding to the beauty of our Nation’s capital, over 10 years, where she currently serves as of you,’’ he said, ‘‘and I know all of you would the memorial will soon become one of our a speech pathologist at Kate M. Smith Ele- do the same for me.’’ Madam Speaker, I want country’s treasured landmarks. It will bring to- mentary School in Chipley, Florida. to thank Sgt. Madden for his courage and for gether visitors of all ages and backgrounds— As a speech pathologist, Deborah Moss en- his faith in his fellow citizens. a fitting tribute to the brave men and women joys working with students from kindergarten who stand watch over America. No Federal to fourth grade who experience difficulty in the f funds have been or may be used for planning classroom due to articulation, language, voice, and stuttering disorders. She has been de- PAYING TRIBUTE TO and construction of the memorial. EUGENE EISENMAN In the 109th Congress this bipartisan bill fined as an educator with enthusiasm, dedica- passed by voice vote, but it was not taken up tion, and integrity. Her passion for teaching by the Senate. Therefore it is critical that this and her love for children have positively HON. JON C. PORTER legislation be considered this Congress, since shaped her students in a way that they are OF NEVADA the authorization for the memorial expires in able to overcome their challenges and are IN THE HOUSE OF REPRESENTATIVES October 2007. given the hope and strength that is needed to Monday, February 12, 2007 I look forward to working with my colleagues succeed. to ensure the creation of this memorial to The Teacher of the Year recognition high- Mr. PORTER. Madam Speaker, I rise today honor those who have sacrificed so much for lights one year of teaching, but the proof of to honor the life of Dr. Eugene Eisenman, who our Nation. greatness lies well beyond the title—it lies in passed away on January 29, 2007. Eugene Eisenman was born on August 15, f the hearts and minds of the students who have been deeply affected. Deborah Moss has 1945 in St. Augustine, FL, and studied medi- PAYING TRIBUTE TO left her footprints over much of northwest Flor- cine at the Universadad Autonoma in Guada- JIMMIE JACK KNOX, SR. ida and has touched a number of lives. lajara, Mexico. Eugene completed his medical Through her hard work and dedication, the im- residency at Tulane University in New Orleans HON. JON C. PORTER pact she has had on her students has proven where he specialized in obstetrics. In 1981, OF NEVADA her to be among the great teachers in north- Dr. Eisenman moved to Nevada to practice IN THE HOUSE OF REPRESENTATIVES west Florida, and Washington County is hon- medicine. Throughout his 25-year medical ca- ored to have her as one of their own. reer in Nevada, he served as chairman of Monday, February 12, 2007 Madam Speaker, on behalf of the United Sunrise Hospital’s Obstetrics Department and Mr. PORTER. Madam Speaker, I rise today States Congress, I am proud to recognize was president of the Clark County OB–GYN to honor the life of my friend, Jimmie Jack Deborah Moss on this outstanding achieve- Society. During his many years of devoted Knox Sr., who died December 5th, 2006. ment and her exemplary service in the Wash- service to the community, Dr. Eisenman deliv- Jimmie was the former owner of Boulder ington County School District. ered thousands of babies and cared for his City Marine, but his biggest accomplishments f patients with enduring compassion. were serving and playing an active part in the In addition to Eugene’s many years of serv- community. He was always eager to get in- TRIBUTE TO SGT. CARLOS ice to the medical community, he also served volved in community activities and philan- MADDEN his country as an airman in the United States thropic efforts. He was a member of the Ro- Air Force during the Vietnam war, was a tary International, Boulder City Elks Lodge, HON. MICHAEL E. CAPUANO member of the Chabad Synagogue in Las Veterans of Foreign Wars, a lifetime member OF MASSACHUSETTS Vegas, and dedicated himself to his family and of the National Rifle Association, and a co- IN THE HOUSE OF REPRESENTATIVES community. founder of Operation Godspeed. Jimmie Madam Speaker, I am proud to honor the served as the president of the National Midget Monday, February 12, 2007 life and the legacy of Eugene Eisenman. His Racing Association. In addition he was Vice Mr. CAPUANO. Madam Speaker, I rise to lasting dedication to the community should President of Public Relations for St. Jude’s pay tribute to Sgt. Carlos Madden, a heroic serve as an example to us all. I applaud his Ranch for Children in which he assisted St. citizen-soldier. On Saturday, February 10, efforts and his life’s work.

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Madam Speaker, I rise today me in tribute to Koon-Ja Kim and the thou- IN THE HOUSE OF REPRESENTATIVES in tribute to 81-year-old Koon-Ja Kim, a sur- sands of surviving comfort women. vivor of the Japanese Imperial Army’s ‘‘com- Monday, February 12, 2007 fort women’’ system of the World War II era. f Mr. TOM DAVIS of Virginia. Madam Speak- Koon-Ja Kim was born in Pyung-Chang, in er, I rise today to honor Mr. George B. Gould Korea’s Kangwon Province. She was or- STATEMENT IN SUPPORT OF H.R. for over 27 years of dedicated service to the phaned at the age of 14 and, to support her- 808 ‘‘DEPARTMENT OF PEACE self and her siblings, she worked as a maid. AND NONVIOLENCE ACT’’ National Association of Letter Carriers, NALC. At the age of 17, she was forcibly drafted by Since joining NALC in 1979, George has the Japanese Government to serve as a sex been a legislative consultant involved in nu- slave, or what is now euphemistically termed HON. SHEILA JACKSON-LEE merous issues, such as budget, appropria- a ‘‘comfort woman,’’ in China. After 3 years of OF TEXAS tions, health care, retirement, and education. being physically abused and raped on a daily Through his advocacy, on behalf of the IN THE HOUSE OF REPRESENTATIVES basis, the war ended. With no money and 300,000 members of NALC, George has made physically defeated bodies, she and a small Monday, February 12, 2007 great progress on issues affecting postal oper- group of other women summoned their ations. This progress includes his instrumental strength of spirit to walk hundreds of miles Ms. JACKSON-LEE of Texas. Madam work in the creation of NALC’s political action over several weeks back into Korea. Speaker, it is with great pleasure that I rise in fund as well as his work in advancing political Since 1998 she has been living with nine strong support of H.R. 808, the ‘‘Department freedoms for federal workers through his ef- former comfort women at the House of Shar- of Peace and Nonviolence Act.’’ This bill forts in reforming the Hatch Act in 1993. ing. All she wants in her remaining life is to re- places efforts toward peace and nonviolence During his career, Mr. Gould co-chaired the ceive an official apology and fair compensa- high on this Nation’s list of priorities, efforts Coalition to Preserve the Postal Service, a tion from the Japanese Government. She which deserve the same attention and orga- group consisting of representatives from the plans to donate the money to the public if she nized structure that this government gives war mailers community, the U.S. Postal Service, receives the compensation. Until now, Kim through its Department of Defense. had collected compensation she had received the postal supervisors and managers, and I thank the gentleman from Ohio, Mr. from the Korean Government—$43,000—and postal unions. The coalition worked to secure her life savings, and donated $100,000 to the KUCINICH, for introducing this legislation, to re- funds for the anthrax cleanup, to bring Civil Beautiful Foundation, which provides financial duce violence both within our borders and Service Retirement System funding to the aid for orphans to continue their studies, across the globe. Postal Service, and to make general postal re- $10,000 to the House of Sharing, and $5,000 Here at home, the Department of Peace forms. to a Catholic organization. would seek to reduce domestic violence, gang Mr. Gould also chaired the Fund for Assur- At the Beautiful Foundation, the ‘‘Kim Koon- violence, child abuse, violence in schools, ing an Independent Retirement, FAIR, Com- Ja Fund’’ was established in 2000, where the hate crimes, racial violence, and mistreatment mittee on Legislative and Political Affairs. Rep- proceeds go to college students who grew up of the elderly. It would also seek to develop resenting over 8 million active and retired em- at orphanages so that they can continue with peace education programs, instructing stu- ployees, FAIR fights to protect and enhance their education. Kim dedicates her life to help- dents in peaceful conflict resolution skills both Federal employee pensions and other bene- ing disadvantaged children to attain education at home and abroad. fits. because she herself grew up as an orphan, The Department of Peace would also strive and the only education she had received was Mr. Gould has been recognized by to make a difference in the current United 8 months at a night school. Regardie’s Magazine on their Power 100 List The House of Sharing Establishment Com- States foreign policy. This administration’s atti- of the most influential people in Washington. mittee was founded in June 1992 and is sup- tude toward the international community has Additionally, he has been featured in Roll Call, ported by Buddhist organizations and other been far too aggressive, while critical human The Washington Post, The Washington Times, donors. Koon-Ja Kim, along with other women rights issues have been ignored. The Depart- Legal Times, The Federal Times, and The at the House of Sharing and around the world, ment of Peace would analyze these aspects of Boston Globe for his effective and tireless lob- has engaged in a daily battle since 1992 to foreign policy and make recommendations to bying efforts. Mr. Gould has also received ac- educate the public about the Japanese mili- the President to ensure that human rights are knowledgement from Project Vote and in 1990 tary’s brutal abuse of women, and to put pres- protected and to lessen armed international he received the ‘‘Good Guy’’ award from the sure on the Japanese Government to apolo- conflict as a whole. Specifically, the Depart- National Women’s Political Caucus. ment of Peace and Nonviolence would seek to gize for their past atrocities. Koon-Ja Kim It was apparent to all those who worked strengthen nonmilitary means of peacemaking meets with community organizations, students, with George that he had a knack for the policy and to promote the development of human po- and activists from South Korea, the United process and a desire to improve public policy tential. It is high time for the United States to States, and other countries around the world for the Federal employee. Drawing on his change its approach to diplomatic efforts. to inspire others to know and advocate for the years of experience, Mr. Gould went out of his comfort women’s cause. We have seen in Iraq how an aggressive way to be a teacher and mentor to the staff of Madam Speaker, on February 15, the Sub- foreign policy can destroy so many lives, NALC. As his last act of service, he trained an committee on Asia, the Pacific, and the Global throw a country into chaos and civil war, and able replacement to ensure that the ideals and Environment of the Committee on Foreign Af- drain the resources and social services of the issues important to NALC do not suffer in his fairs will convene a hearing entitled ‘‘Pro- American people. We are tired of this war, yet absence. tecting the Human Rights of Comfort Women.’’ the President announced yesterday that he Madam Speaker, in closing I would like to Koon-Ja Kim has been invited to share her wants another $235 billion for military oper- story with members of the subcommittee along commend and congratulate Mr. George B. ations in the Middle East, while cutting away with other surviving comfort women who want Gould on all of his accomplishments. His ef- funds for the American people, such as to see justice prevail. forts have deeply impacted the public discus- healthcare and transportation. On January 31, I introduced H. Res. 121, sion, but more importantly the policy that af- which expresses ‘‘the sense of the House of Let us get our priorities straight. Let us put fects the postal service, truly meriting recogni- Representatives that the Government of Japan the American people’s tax dollars in programs tion. I call upon my colleagues to join me in should formally acknowledge, apologize, and that benefit them, not in this meaningless war. applauding George for his past accomplish- accept historical responsibility in a clear and Let us promote policies of peace and make ments and in wishing him a happy and healthy unequivocal manner for its Imperial Armed this world a better place. retirement.

VerDate Aug 31 2005 05:45 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A12FE8.010 E12FEPT1 ccoleman on PROD1PC60 with REMARKS E322 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2007 TRIBUTE TO YONG-SOO LEE slavery, known to the world as ‘‘comfort as well as reporting to Congress a detailed women’’ during its colonial and wartime occu- recommended plan of action on how to do so. HON. MICHAEL M. HONDA pation of Asia and the Pacific Islands from the Again, I thank my colleague, Mr. BECERRA, OF CALIFORNIA 1930s through the duration of World War II.’’ for introducing this important legislation, to en- IN THE HOUSE OF REPRESENTATIVES We appreciate the dedication of women like sure that we celebrate, commemorate and re- Yong-Soo Lee, who are traveling thousands of member the contribution of Latino Americans Monday, February 12, 2007 miles to be with us in Washington, to help us by moving to establish a National museum Mr. HONDA. Madam Speaker, I rise today better understand their personal experiences and I urge my colleagues to join me in sup- in tribute to Yong-Soo Lee, a South Korean and to help us formulate appropriate policy reporting this resolution. woman who, decades after enduring torture sponses to both historical events and their f and abuse by the Japanese Imperial Army, modem equivalents. They stand as beacons of has taken it upon herself to stand up for inspiration to us as we combat human rights HONORING MRS. EDITH EDNA human rights and the dignity of all by telling violations and seek to extirpate war crimes ‘‘BETTY’’ VAUGHN her personal story and demanding that the wherever they might occur. By telling their sto- Government of Japan acknowledge and apolo- ries, Yong-Soo Lee and her fellow comfort HON. TOM DAVIS gize for its role in the ‘‘comfort women’’ sys- women provide the foundation for the protec- OF VIRGINIA tem of World War II. tion of the rights of women throughout the IN THE HOUSE OF REPRESENTATIVES Yong-Soo Lee is one of over 200,000 ‘‘com- world. Monday, February 12, 2007 fort women’’ in Asia who suffered unimagi- Madam Speaker, I ask my colleagues to join Mr. TOM DAVIS of Virginia. Madam Speak- nable dehumanization by the Japanese Impe- me in tribute to Yong-Soo Lee and the thou- er, I rise today to honor Ms. Edith Edna rial Army during Japan’s colonial and wartime sands of surviving comfort women. ‘‘Betty’’ Vaughn for a lifetime of service as a occupation of Asia and the Pacific Islands f from the 1930s through the duration of World health care professional. Born Edith Edna Lunn on November 3, War II. COMMISSION TO STUDY THE PO- 1945, Betty, as she later preferred to be These women—who came from China, In- TENTIAL CREATION OF THE NA- called, was the only girl of her parents’ four donesia, Korea, the Philippines, and else- TIONAL MUSEUM OF THE AMER- children. She became interested in nursing where—suffered experiences which were un- ICAN LATINO ACT OF 2007 and health care at an early age, often having precedented in cruelty and were officially com- SPEECH OF to look after her brothers. Betty decided to missioned by the Government of Japan. They turn this interest into a career when she at- endured gang rape, forced abortions, humilia- HON. SHEILA JACKSON-LEE tended nursing school in 1963. She graduated tion, and sexual violence resulting in mutila- OF TEXAS in 1967 with a diploma of nursing from the tion, death, or eventual suicide—and to this IN THE HOUSE OF REPRESENTATIVES University of Essex in England. date, they have still not received justice from Tuesday, February 6, 2007 Betty met her husband, Victor Vaughn, at a this tragedy. hospital dance and married him 1 year later. The hope of Yong-Soo Lee and her sisters Ms. JACKSON-LEE of Texas. Mr. Speaker, The Vaughn’s moved to Richmond, VA, where is a modest one: Simply stated, that the gov- I rise in support of H.R. 512, to establish the Betty began her career at the Johnston-Willis ernment of Japan acknowledges, apologizes commission to study the potential creation of Hospital. for, and accepts full historical responsibility for the National Museum of the American Latino In 1974 the Vaughns moved to Blacksburg, these atrocities. to develop a plan of action for the establish- VA, where Victor attended Virginia Polytechnic Yong-Soo Lee has a poignant story to tell. ment and maintenance of a National Museum Institute and State University. Betty continued At 16, she was taken far from her home in of the American Latino in Washington, DC, her career of service working at the local com- Korea to an outpost on Taiwan, where she and for other purposes. munity hospital. Mrs. Vaughn was a dedicated and her schoolmates, among others, were Here in our Nation’s Capitol we are proud of professional during the days and a loving, forced to provide sexual services to Japanese the history from the past that surrounds us supportive wife to her husband at night. soldiers and airmen in the waning days of and embrace the history that is made each Upon completion of Mr. Vaughn’s education, World War II. She suffered seasickness, and every day. Amongst the many museums the family moved to northern Virginia where sleeplessness, hunger, venereal disease, and that pay tribute to our rich history as a nation, Betty joined the staff at Fairfax Hospital, today bodily harm. there still remains a sense of incompletion in known as INOVA Fairfax Hospital. Betty has When she was able to return home after the our lessons of our history, art and culture. been a cheerful, positive employee to the hos- war, the pain and shame were so much that Even though 40 million United States resi- pital, spreading joy to all patients she encoun- she was never able to marry, which caused dents share the Latino heritage and culture, ters. While her retirement is well deserved, conflict and ostracization within her family. hardly any permanent exhibits in Washington’s Still, she went on with her life, and in 1992 museums commemorate their cultural con- she will be greatly missed. Madam Speaker, in closing I would like to began to unburden herself of her memories. tributions. I commend Representative BECER- commend Mrs. Edith Edna ‘‘Betty’’ Vaughn for Working with the Korean Council for the RA for recognizing the need to share the col- her lifetime of service. I call upon my col- Women Drafted for Military Sexual Slavery by lective history of Latino-Americans and to en- leagues to join me in applauding Betty for her Japan, she came forward with her story— sure that their stories, cultural contributions past accomplishments and in wishing her a which she had kept secret from her family for and heritage are not forgotten for generations happy and healthy retirement. almost five decades—in order that other to come. women will not have to endure the same sort This bipartisan bill was first introduced as f of suffering. H.R. 2134 during the 109th Congress and TRIBUTE TO JAN RUFF-O’HERNE Madam Speaker, on February 15, the Sub- passed by a unanimous vote but time ran out committee on Asia, the Pacific, and the Global before the Senate could act on the bill. I was HON. MICHAEL M. HONDA Environment of the Committee on Foreign Af- a co-sponsor of H.R. 2134 and it is my sincere OF CALIFORNIA fairs will convene a hearing entitled ‘‘Pro- hope that my colleagues in the Senate will IN THE HOUSE OF REPRESENTATIVES tecting the Human Rights of Comfort Women.’’ take quick action and speedily move this im- Yong-Soo Lee has been invited to share her portant legislation forward upon its passage in Monday, February 12, 2007 story with members of the subcommittee along the House. This legislation recognizes the Mr. HONDA. Madam Speaker, I rise to rec- with other surviving comfort women who want need for detailed and careful planning and ognize and honor an extraordinary woman of to see justice prevail. proposes a 23 member commission to discuss courage and integrity who is visiting Wash- On January 31, I, along with several of my the museum’s vitality and is charged with pro- ington this week. colleagues, introduced H. Res. 121, which ex- ducing a national conference to bring stake- During World War II, Jan Ruff-O’Herne was presses ‘‘the sense of the House of Rep- holders, experts, policy makers and other in- a young Dutch national, born and raised in resentatives that the Government of Japan terested parties together. It is important to what is now Indonesia. She was kidnapped by should formally acknowledge, apologize, and take the chief ideas discussed and move them Japanese Imperial forces and forced to serve accept historical responsibility in a clear and from concept to reality; the commission would as what is euphemistically known as a ‘‘com- unequivocal manner for its Imperial Armed be tasked with designing a fundraising plan to fort woman’’ in a brothel for the entertainment Force’s coercion of young women into sexual create an extensive public-private partnership of Japanese soldiers.

VerDate Aug 31 2005 05:45 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A12FE8.013 E12FEPT1 ccoleman on PROD1PC60 with REMARKS February 12, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E323 For nearly 50 years, Mrs. Ruff-O’Herne kept hand experience to her professionalism and PERSONAL EXPLANATION her tortures to herself, too ashamed to admit commitment to duty. her horrid experiences even to the people LTC Walford was born and reared in HON. CHARLIE NORWOOD closest to her. In 1992, however, after seeing Louisburg, NC. She is the daughter of the late OF GEORGIA reports of other comfort women who were IN THE HOUSE OF REPRESENTATIVES speaking out about the atrocities they en- William L. Closs and Fannie S. Closs, the lit- dured, she decided to make her memories tlest in a large and loving family of ten. Her Monday, February 12, 2007 public. oldest brother is 30 years her senior and her Mr. NORWOOD. Madam Speaker, had I Her 1994 autobiography, 50 Years of Si- oldest sister is 18 years older. been present on rollcall vote No. 74, I would lence, which was later adapted into a widely- LTC Walford is not the first in her family to have voted ‘‘yea’’; had I been present on roll- praised and award-winning documentary film, honorably serve in this Nation’s armed forces, call vote No. 75, I would have voted ‘‘yea’’; had I been present on rollcall vote No. 76, I explains in excruciating detail her life in the although she is the first generation of her fam- so-called ‘‘comfort station.’’ That she survived would have voted ‘‘yea’’; had I been present ily to serve in an integrated military. Her fa- this ordeal speaks volumes about her on rollcall vote No. 77, I would have voted strength, courage, and spiritual convictions. ther, SSG William L. Closs, served in WWII ‘‘yea’’; had I been present on rollcall vote No. In the years since she brought her story to during the Normandy Campaign with the 78, I would have voted ‘‘yea’’; had I been public attention, Jan Ruff-O’Herne has been 443rd QM Trucking Company. He was award- present on rollcall vote No. 79, I would have granted honors by Queen Beatrix of the Neth- ed the Purple Heart for his bravery and com- voted ‘‘yea’’; had I been present on rollcall erlands, Queen Elizabeth, and Pope John mitment to duty. vote No. 80, I would have voted ‘‘yea’’; had I Paul II, in recognition of her efforts to support LTC Walford was a daddy’s girl who joined been present on rollcall vote No. 81, I would the human rights of women around the globe. the Reserve Officer Training Corps, ROTC, have voted ‘‘no’’; had I been present on rollcall On February 15, the Subcommittee on Asia, vote No. 82, I would have voted ‘‘aye’’; had I while attending Winston-Salem State Univer- the Pacific, and the Global Environment of the been present on rollcall vote No. 83, I would Committee on Foreign Affairs will convene a sity. She was commissioned as a second lieu- have voted ‘‘aye’’; had I been present on roll- hearing entitled ‘‘Protecting the Human Rights tenant in the Signal Corps upon graduation call vote No. 84, I would have voted ‘‘aye’’; of Comfort Women.’’ Jan Ruff-O’Herne has and accepted a reserve commission in the had I been present on rollcall vote No. 85, I been invited to share her story with members Army Reserve. She completed the Signal Offi- would have voted ‘‘aye’’; had I been present of the subcommittee. cers Basic Course at Ft. Gordon, GA, relo- on rollcall vote No. 86, I would have voted Thousands of the comfort women of World cated to Washington, DC, to pursue a fulltime ‘‘aye’’; had I been present on rollcall vote No. War II survive today. They are seeking a for- career in the private sector while fulfilling her 87, I would have voted ‘‘yea’’; had I been mal apology from the government of Japan, military commitment in the Army Reserve and present on rollcall vote No. 88, I would have which has been unwilling to accept responsi- completing her graduate studies. LTC Walford voted ‘‘yea’’; had I been present on rollcall bility for violating the human rights of these later made the decision to branch transfer to vote No. 89, I would have voted ‘‘yea’’; had I women. been present on rollcall vote No. 90, I would the Quartermaster Corps, a branch more fit- Madam Speaker, last month I introduced a have voted ‘‘yea’’; had I been present on roll- resolution, H. Res. 121, which calls on Japan ting to support the Army Reserve mission of call vote No. 91, I would have voted ‘‘aye’’; to formally and unambiguously apologize and combat service support. LTC Walford held var- had I been present on rollcall vote No. 92, I acknowledge the tragedy that the comfort ious positions while serving as the ‘‘Citizen would have voted ‘‘aye.’’ women endured under its Imperial Army dur- Soldiers,’’ to include Company Command, f ing World War II. Not only should Japan’s Aide-de-Camp to the Commanding General of Prime Minister issue a public apology, Japan the 352d Civil Affairs Command, Host Nations TRIBUTE TO THE WYOMING BOARD OF REGISTRATION FOR PROFES- must take responsibility unequivocally. Support and a variety of logistics assignments. The Japanese government owes such an SIONAL ENGINEERS AND PRO- LTC Walford deployed and served seven FESSIONAL LAND SURVEYORS apology to brave women like Jan Ruff- months in Southwest Asia during Operation O’Herne. Desert Storm. Madam Speaker, I ask my colleagues to join HON. BARBARA CUBIN me in tribute to Jan Ruff-O’Herne and the hun- The Chief, Army Reserve requested her as- OF WYOMING dreds of thousands of comfort women who en- sistance in the start up of a new unit in 1999, IN THE HOUSE OF REPRESENTATIVES dured unspeakable tortures during World War the Logistics Civil Augmentation Program, Monday, February 12, 2007 II and who continue to fight for the human LOGCAP. LTC Walford’s civilian expertise in Mrs. CUBIN. Madam Speaker, I rise today rights of all people more than 60 years later. contracting and her logistical background in recognition of the Wyoming Board of Reg- f made her a prime candidate to help facilitate istration for Professional Engineers and Pro- TRIBUTE TO CAROLYN CLOSS this new unit. Once again, she answered the fessional Land Surveyors. This board has WALFORD call to serve and became a fulltime active sol- been serving Wyoming for 100 years by certi- dier. She has served in the Army’s Guard/Re- fying engineers in order to ensure their com- HON. KENDRICK B. MEEK serve, AGR, Program since 1999. petence and the highest level of training. OF FLORIDA LTC Walford has received numerous In 1907, when Clarence T. Johnston be- IN THE HOUSE OF REPRESENTATIVES awards throughout her career, including the came the Wyoming State Engineer, there was Meritorious Service Medal, the Joint Accom- no national or State certification process for Monday, February 12, 2007 workers. Realizing that many engineers were modation Medal, the Office of the Secretary of Mr. MEEK of Florida. Madam Speaker, I rise not trained for their positions, and thus were today to honor Carolyn Closs Walford on the Defense Badge, and the Army Staff Badge. providing sub-par workmanship, he proposed occasion of her promotion to the rank of Lieu- She is a graduate of the Army’s Command to the Wyoming State legislature a bill to man- tenant Colonel after 20 years of service in the and General Staff Officers Course, The Quar- date registration of engineers and to create a U.S. Army. termaster and Civil Affairs Advanced course, board of examiners. LTC Walford is known to many of my col- and the U.S. Army Paratrooper School. Wyoming became the first State with an en- leagues, because she has served in the This soldier’s unique skill set and extraor- gineer licensure law in 1907. Soon after, the Army’s House Liaison Division for more than 3 dinarily diverse level of experience both in the Nation followed step; and in 1920, the organi- years. Many of us have had the good fortune public and private sector has been a tremen- zation now known as the National Council of of working with her on a wide variety of legis- Examiners for Engineering and Surveying was dous asset to our great country. She is a pillar lative initiatives and programs. She has also born. This organization has created licensure coordinated 14 Congressional Delegations to of strength for our Army, her fellow comrades- standards and professional ethics for engi- Iraq, more than any other Legislative Liaison in-arms, and for her family and friends. My neers countrywide. currently assigned to the Chief of the Legisla- best wishes go out to LTC Walford on her Through its licensure regulations and train- tive Liaison Office. LTC Walford coordinated well-deserved promotion, and to her husband, ing, the National Council ensures the safety of official visits I made to Morocco, Israel, and Raymond L. Walford, and her entire extended our Nation’s infrastructure. Engineers design Egypt, and I can therefore attest from first- family on this important occasion. our buildings and bridges, they develop our

VerDate Aug 31 2005 05:45 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A12FE8.016 E12FEPT1 ccoleman on PROD1PC60 with REMARKS E324 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2007 technology, and they manufacture our ma- the community, culture and history of Cham- a Republican in a predominately Democratic chines. All U.S. citizens are affected by their paign. state, where 2 percent of the population was work, and ensuring public safety through the The First United Methodist Church was first African American. guarantee of quality products is a noble recognized as a Methodist Episcopal church I take special pride and pleasure in intro- cause. on December 7, 1856 by the Illinois Annual ducing this bill in the House, along with the I am proud to represent the first State to Conference; however, the contributions of the Massachusetts delegation and the chair of the create accountability for engineer workman- Church go further back to 1793. With its rich Congressional Black Caucus. My Massachu- ship. I commend the Wyoming Board of Reg- history and loyal dedication to serving the setts colleagues justifiably claim Senator istration for their continued service, and con- community, the Church has been a vital influ- Brooke as a son of Massachusetts. We in the gratulate them once again on their 100-year ence in the shaping of the fine citizens of District concede that Massachusetts voters anniversary. Champaign. also deserve credit in refusing to allow racial f Officially recognized in 1856, the First barriers, that still remain formidable in most United Methodist Church began with holding states, overwhelm Senator Brooke’s qualifica- TRIBUTE TO JIM MACK Sunday services in a brick schoolhouse near- tions for high office. However, I hope that by. Started with a small loyal following, the Massachusetts citizens will forgive the resi- HON. PHIL ENGLISH Church grew to record highs of 4,163 mem- dents of the Senator’s hometown if we insist OF PENNSYLVANIA bers. As its size and congregation grew, so that Edward William Brooke III be counted the IN THE HOUSE OF REPRESENTATIVES did their devotion to the community. adopted son of Massachusetts. Senator The First United Methodist Church has been Brooke’s family, the District of Columbia Public Monday, February 12, 2007 steadfast in providing a positive influence to Schools, Howard University, and the proud Af- Mr. ENGLISH of Pennsylvania. Madam the entire community of Champaign. Members rican American community both sheltered and Speaker, the manufacturing sector plays a piv- of the Church have active roles in mission pro- prepared him for his remarkable life and serv- otal role in the economic success of the Com- grams both local and international, volun- ice to the people of Massachusetts and the monwealth of Pennsylvania as well as that of teered in local service projects, and helped Nation. the Nation. The pre-eminent association that run local food banks. We are especially grateful for the Senator’s represents the producers of U.S. advanced Madam Speaker, I ask my colleagues to join devotion to H.R. 328, the District of Columbia manufacturing technology equipment, pro- me today in recognizing the 150th Birthday of Fair and Equal House Voting Rights Act of motes manufacturing equipment sales both at the First United Methodist church as well as 2007. Senator Brooke has worked devotedly home and abroad, and tries to shape legisla- their 150 years of accomplishments and noble for passage of the pending legislation. While tion important to the manufacturing community servitude for the city of Champaign. in the Senate, he never forgot that his hometown had no Senator and needed him, too. is AMT—the Association for Manufacturing f Technology, led by its President, John B. Byrd Speaking on the Senate floor for passage of III. THE INTRODUCTION OF THE ED- the Voting Rights Amendment in 1978, Sen- For the past 32 years, the voice for AMT on WARD WILLIAM BROOKE III CON- ator Brooke made it clear, as he does today, Capitol Hill has been the tireless, knowledge- GRESSIONAL GOLD MEDAL ACT that this matter also was personal for him. He able, and ardent advocate for the association’s said, in part, ‘‘My enthusiastic endorsement of legislative and regulatory goals, James H. HON. ELEANOR HOLMES NORTON House Joint Resolution 554 is based primarily on fundamental concepts of liberty and justice, Mack. Jim served AMT as the vice president OF THE DISTRICT OF COLUMBIA but my support and interest are also intensely for Government Relations for 27 years and IN THE HOUSE OF REPRESENTATIVES personal, for my roots are in Washington, D.C. most recently as vice president—Tax and Eco- Monday, February 12, 2007 nomic Policy. He has also been an important I was born and raised here. I attended and aide to former Illinois Governor Richard B. Ms. NORTON. Madam Speaker, Senator graduated from Shaw Junior High School, Ogilvie and public affairs manager for Illinois EDWARD KENNEDY, the Massachusetts delega- Dunbar High School, and Howard University. Tool Works in Chicago. tion, Congressional Black Caucus Chair CARO- For as long as I can remember, I have fought, After earning his undergraduate and law de- LYN C. KILPATRICK, and I are proud to intro- along with family and friends and colleagues, grees from the University of Wisconsin, Jim duce the Edward William Brooke III Congres- to attain the goal of providing for the citizens demonstrated a life-long commitment to the sional Gold Medal Act. Senator Edward of the District of Columbia the same rights and manufacturing technology industry and its em- Brooke has been much honored as an out- privileges that other citizens throughout the Nation have enjoyed.’’ Because the Congres- ployees—providers of the vital equipment that standing two-term Senator (1967–1979) who sional Gold Medal is the highest honor that has made our Nation the manufacturing leader is still remembered for his courage and inde- Congress can bestow, it is necessary that at in the world. pendence on the difficult issues of his time— least 290 Representatives and 67 Senators As Jim retires from this phase of his career, from the Vietnam War to his leading work in sign on as cosponsors. I urge every Member I wish to acknowledge the achievements of a the passage of the Fair Housing Act of 1968. of the House and Senate to become co-spon- man so many of us know and admire. Lest he President Bush awarded Senator Brooke the sors before the end of Black History Month on be considered merely a master of the Tax Presidential Medal of Freedom in 2004. At 87, February 28th. Code wearing a smile that always includes a his autobiography, Bridging the Divide: My Life RAISING THE BAR: PIONEERS IN THE LEGAL pipe, let me add that I know him to be trust- tells the Senator’s remarkable story. That story PROFESSION worthy, an honest broker, and all around de- began here in the District of Columbia, where Senator Brooke was born and raised, and Born October 26, 1919, Edward Brooke was cent and caring individual. the first African American elected to major Hats off and continued success to a great graduated from Dunbar High School and How- statewide office in Massachusetts (Attorney American, Jim Mack. ard University. Senator Brooke rose to the General, 1962) and the first African American f rank of captain in the segregated 366th Infan- elected and re-elected to the U.S. Senate try Regiment in the U.S. Army, and won a (1967–79) by popular vote. His father, Edward TRIBUTE TO THE FIRST UNITED Bronze Star Medal and the Distinguished Brooke, Jr. was a graduate of Howard Uni- METHODIST CHURCH IN CHAM- Service Award. His autobiography reads like a versity School of Law (1918) and served as an PAIGN, ILLINOIS personal and political adventure of a man born attorney for the Veterans Administration for in the segregated capital, a city with no local 50 years—an exceptional achievement for an African-American person at that time. HON. TIMOTHY V. JOHNSON elected officials or Members of Congress, who Brooke attended public schools in Wash- OF ILLINOIS went on to become the first African American ington, DC, and graduated from Paul Lau- IN THE HOUSE OF REPRESENTATIVES official elected statewide, when he won elec- rence Dunbar High School in 1936. When he tion as Attorney General, the second highest entered Howard University he originally Monday, February 12, 2007 office in the state, and the only Republican to planned to be a pre-med. major, but he Mr. JOHNSON of Illinois. Madam Speaker, win statewide election that year. In 1966, Sen- changed to Sociology because he found the I rise today in honor of the 150th Birthday of ator Brooke became the first African American coursework more interesting. His professor of Political Science at Howard was diplomat, the First United Methodist Church in Cham- elected by popular vote to the Senate of the statesman and Nobel Prize winner, Ralph paign, Illinois. This sesquicentennial celebra- United States. ‘‘Trailblazer’’ does not aptly de- Bunche. tion marks not only a significant moment for scribe the courage it took for an African Amer- After graduating from Howard and the Re- the church, but also a significant moment in ican to run, much less win state-wide office as serve Officers Training Corps in 1941, he was

VerDate Aug 31 2005 05:45 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A12FE8.019 E12FEPT1 ccoleman on PROD1PC60 with REMARKS February 12, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E325 drafted into the U.S. Army. He served with Although he had supported Richard Nix- environment. It continues to provide leadership the all-Black 366th Combat Infantry Regi- on’s campaigns in 1968 and 1972, he clashed for campus information policy. ment. In charge of discipline and recreation with Nixon on several issues, including the Madam Speaker, I join the citizens of the at Fort Devens, in Massachusetts, Brooke nomination of two anti-civil rights judges to Second Congressional District in extolling defended enlisted men in military court the Supreme Court. He was the first senator cases. to call for the President’s resignation during Lamar University and the Mary and John Gray For his leadership during 195 days in com- the Watergate scandal. Library on realizing its goal of creating a de- bat in Italy, he was awarded the Bronze Star After Senator Brooke was defeated in the pository that fosters, preserves, and maintains and promoted to captain. He also received 1978 election, he resumed his law practice the American public’s right to know. Lamar the Distinguished Service Award. and headed the National Low Income Hous- University is appreciated by the good citizens Motivated by his experience in the army, ing Coalition. Senator Brooke is the father of the South East Texas. Brooke enrolled in Boston University Law of three and currently lives with his wife in That is just the way it is. School in 1946, and became editor of the Bos- Warrenton, Virginia. He has received over 30 ton University Law Review. He earned an honorary degrees and awards, including the f LLB in 1948 and an LLM in 1949 and began NAACP Springarn Medal and the National his private law practice in Roxbury, after de- TRIBUTE TO THROGS NECK Conference of Christians & Jews’ Charles LITTLE LEAGUE clining offers to join other firms, including Evans Hughes Award. an offer from his father to begin a father and Throughout his career, Senator Brooke has son practice in Washington, DC. Friends en- endeavored to make America a better place HON. JOSEPH CROWLEY couraged Brooke to run for political office. for all Americans. His efforts and service to OF NEW YORK His first efforts to enter politics on the Re- the commonwealth of Massachusetts and the IN THE HOUSE OF REPRESENTATIVES publican slate in 1950 and 1952 were prom- United States were recognized recently, ising, but unsuccessful. when a state courthouse in Massachusetts Monday, February 12, 2007 After those bids for office, he increased his was named the Edward W. Brooke court- Mr. CROWLEY. Madam Speaker, I rise involvement with community affairs, and be- house. He thus became the first black Amer- came active with various groups, including today to pay tribute to a number of my con- ican to have a state courthouse named in his stituents, the Throgs Neck Little League team the Boston branch of the NAACP and the honor. Greater Boston Urban League, the Boy of Bronx, NY. I wish to recognize the Throgs Scouts of America and the American Vet- f Neck Little League for celebrating their 55th erans of WW II. He also focused on his law LAMAR UNIVERSITY anniversary this year as a community associa- practice during that time. In 1960 he ran for tion dedicated to improving the lives of count- Massachusetts’ Secretary of State and be- less youth, The commitment and contributions came the first African American to be nomi- HON. TED POE of coaches, families, and loyal fans deserve to nated by a major party for a statewide office OF TEXAS be acknowledged and these community mem- in Massachusetts—considered quite an ac- IN THE HOUSE OF REPRESENTATIVES complishment since there were only 93,000 bers commended for their steadfast devotion black residents in the state. He received over Monday, February 12, 2007 to this organization. one million votes, but did not win that elec- Mr. POE. Madam Speaker, today I take Madam Speaker, I join to congratulate the tion. In 1962, without the support of Repub- pride in sharing with you a grand and historic Throgs Neck Little League for their achieve- lican party leaders who had endorsed his milestone for the State of Texas, specifically ments thus far and I wish them continued luck candidacy for lower offices earlier, he won and many wins ahead in future seasons. the election to the office of Attorney Gen- the Second Congressional District. Today, f eral and became the first African American Madam Speaker, Lamar University’s Mary and to be elected as a state’s attorney general. John Gray Library commemorates its fiftieth RECOGNIZING THE PASCO COUNTY, As Massachusetts’ Attorney General, he year as a federal depository. Lamar University, FLORIDA FAIR ON ITS 60TH AN- battled corruption in government and tar- as well as I take great pleasure in celebrating NIVERSARY CELEBRATION geted organized crime. He proposed laws that and honoring the Mary and John Gray Li- protected consumers, struck at housing dis- brary’s steadfast dedication to providing and crimination and reduced air pollution. HON. GINNY BROWN-WAITE safeguarding the citizens’ of Texas right to Brooke worked closely with the Massachu- OF FLORIDA know. setts Crime Commission and successfully IN THE HOUSE OF REPRESENTATIVES conducted the massive investigation in the The Federal Library Depository Program ‘‘Boston Strangler Case.’’ Due to some of his was created over one hundred and forty years Monday, February 12, 2007 seemingly conservative and unpopular ago with the sole purpose of keeping America Ms. GINNY BROWN-WAITE of Florida. stances on issues such as a black student informed by treasuring, producing, and distrib- Madam Speaker, I rise today to honor Pasco boycott of Boston’s public schools, he en- uting the Federal government information. The County, Florida for hosting a fun and exciting dured the wrath of civil rights leaders. In 1965 he decided to seek election to the U. Mary and John Gray Library carries on this annual fair for the past 60 years. While the S. Senate. In his book, The Challenge of very valid and noble duty by being the only first year of the Fair was not until 1947, Pasco Change: Crisis in Our Two-Party System, Federal depository within the region. The li- County consistently won first place with its published in 1966, he attempted to encourage brary plays a vital link between the govern- community booth at the Florida State Fair his Republican Party to become more re- ment and Texas citizens. With its dedicated throughout the early 1940s. Partly due to sponsive to social change, and he identified staff readily available to help students and Pasco County’s success, the State Fair insti- discrimination against 10 percent of the Southeast Texans obtain governmental infor- tuted a rule change that prohibited one county country’s population, due to the color of mation, the Mary and John Gray Library col- their skin, as an important issue. Edward from winning first place more than three con- Brooke won the election, with a margin of lects, maintains, and preserves over sixty-four secutive years. almost a half million votes, and became the percent of the documents made available by Because of the rule change, prominent San first African American to serve since Recon- the Federal government. Antonio rancher D. E. ‘‘Dan’’ Cannon formed struction. (He was the third black American Ground was broken for the library in 1973. a group to establish a county fair. Joined by in the U.S. Senate and the first to win a seat The eight story structure was constructed to Pasco County’s agricultural agent Jimmy Hig- in a popular election.) He served two terms— be a visible monument for Lamar University. gins, Dade City businessmen Joe Collura, enjoying an overwhelming re-election in With the two main goals of expressing de- George Nikolai and Bob Williams began 1972. Appointed by President Lyndon Johnson to served appreciation for past services and that searching for property to host the Fair. Even- the Commission on Civil Disorders, Senator the name be inspirational for the future great- tually finding 40 acres with a rolling hillside Brooke’s work included making rec- ness of Lamar University, the library was offi- just west of Dade City, the group met in City ommendations for the protection of black cially dedicated in honor of Mary and John Hall to raise the necessary funds to purchase people and civil rights workers from harass- Gray on April 26, 1976. To this day it con- the land. ment. Later, that work was expanded to in- tinues to be a fount of scholarly information. On April 7, 1947, the Pasco County Fair As- clude protection against housing discrimina- The library teaches information gathering sociation was chartered for the purpose of tion, which led to the 1968 Civil Rights Act. skills to promote and foster academic success, hosting an annual fair. In the early days, they He was a strong opponent of the escalation of the Vietnam War and fought proposals along with adding essential information for borrowed the midway rides from the Florida that would have expanded Cold War nuclear those wishing to continue their educational State Fair and drove to Tampa to disassemble arsenals. He also worked to improve rela- learning. By developing appropriate learning the rides, deliver them to Dade City on the tions with the People’s Republic of China, collections, it is able to provide efficient serv- back of Dan Cannon’s milk truck and then re- which led to the recognition of that country. ices within a friendly, relaxed, and educational assemble them on site. When the fair was

VerDate Aug 31 2005 05:45 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A12FE8.023 E12FEPT1 ccoleman on PROD1PC60 with REMARKS E326 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2007 over, they would disassemble the rides and qualify for a full Pell Grant, have been unable and democratic transition countries and coun- return them to Tampa. The early fairs included to do so because of the current ‘‘tuition sensi- tries where there are severe human rights vio- contests in fruit packing, orange peeling and tivity’’ rule. lations, and focuses such strategies on build- eating. In addition, there were car races and ‘‘Tuition sensitivity’’ is intended to reduce ing democratic institutions. rodeos. the Pell Grant for students attending higher (2) Requires that such strategies be devel- In 1948, the late Hazel Whitman, also a education institutions that charge very low tui- oped in consultation with individuals and charter member, started the Miss Pasco tion. groups from each particular country that sup- County Pageant as a fundraiser for the fair. Current law punishes very low cost schools port democratic values and that such strate- ‘‘Heart of Florida’’ was added as the fair’s logo and the students who attend those schools by gies be carried out in cooperation with our about 10 years later and is still used today. reducing the Pell Grant aid they can receive. friends and allies and with international organi- The association originally sold memberships The Pell Grant Equity Act addresses this im- zations. for $25 to raise money to host the fair. It is balance by eliminating the discriminating ‘‘tui- (3) Requires training on democracy pro- unique because throughout the years, it has tion sensitivity’’ provision in the law and ensur- motion and human rights protection throughout remained a non-profit organization supported ing students continued eligibility for the full the careers of members of the Foreign Service by its membership. The Fair is a great exam- amount of aid they would have otherwise re- and other State Department employees. ple of how entrepreneurs and warm-hearted ceived. (4) Creates financial and promotion incen- individuals can make a difference in the com- According to the Congressional Research tives for State Department employees who munity, without relying on the government for Service, the students most negatively affected excel in democracy promotion and human support. by this policy are ‘‘the poorest students attend- rights protection. Madam, Speaker, the Pasco County Fair is ing institutions with very low tuition charges.’’ (5) Requires that Ambassadors and other a beloved institution throughout the entire re- Since 2001, tuition and fees at public col- senior members of the Foreign Service do gion. Thousands of area residents have spent leges and universities have exploded, increas- more to reach out to foreign audiences and their childhoods on the carnival rides and have ing by 41 percent after inflation. engage robustly with government officials, for- fond memories of competing in the beauty The exception to the rule of rising tuition eign media, non-governmental organizations pageant and eating contests. This year the and fees, are California’s community colleges. and students to have serious discussions Fair will celebrate its 60th consecutive year of- This year, instead of seeing an increase in tui- about U.S. foreign policy, particularly that re- fering a week of fun and excitement for my tion and fees, California community college lated to democracy and human rights. Pasco County constituents. I wish the Fair or- students’ enrollment fees witnessed a de- The ADVANCE Democracy Act also con- ganizers best wishes during this year’s Fair crease from $26 to $20 per unit. tains a number of other additional reforms, and hope that they will continue their efforts The California community college system, such as requiring the establishment of an of- for another 60 years into the future. and any other college system that experience fice to serve as a contact point for emerging f cost reductions, is unfairly penalized by the activists, the development of guidelines for ‘‘tuition sensitivity’’ provision. when nongovernmental organizations and con- CELEBRATING THE BIRTH OF Based on estimates from the Chancellor’s tractors are appropriate implementing part- ISAAC RICHARD LESLIE office of the California community college sys- ners, and efforts to foster more multilateral co- tem, more than 260,000 California community operation on democracy promotion. The cen- HON. JOE WILSON college students are expected to receive re- tral thrust of these reforms is to ensure that OF SOUTH CAROLINA duced Pell Grants because of the tuition sen- democracy promotion is based on a long-term, IN THE HOUSE OF REPRESENTATIVES sitivity provision. multilateral approach that is created in con- Monday, February 12, 2007 Rather than limit the Pell Grant—our goal is sultation with those who are risking their lives to expand it, which is what we accomplish Mr. WILSON of South Carolina. Madam for dignity and freedom and that does not ig- through the Pell Grant Equity Act. Speaker, I am happy to congratulate Ian and nore the most difficult countries. We must ensure that every student in this Carolyn Leslie of Beaufort, South Carolina, on Madam Speaker, the promotion of democ- country has the opportunity to pursue their the birth of their new baby boy. Isaac Richard racy and the protection of human rights are educational dreams, particularly those from Leslie was born in Beaufort on February 7, two sides of the same coin. We all recognize low- and middle-income families. 2007, at 4:06 p.m., weighing 8 pounds and 3 that these must be fundamental components There is no goal more important for our na- ounces. He has been born into a loving home, of U.S. foreign policy, just as we realize that tion’s students and families, for our economy where he will be raised by parents who are they are not the only components of U.S. for- and our future. devoted to his well-being and bright future. eign policy. We recognize the tension between His father, Ian Leslie, serves as City Editor f these and other imperatives, but must always for The Beaufort Gazette, one of the biggest remember that building of democratic institu- INTRODUCTION OF H.R. 982, THE tions and forward movement on democracy and most historic newspapers in South Caro- ADVANCE DEMOCRACY ACT OF 2007 lina. His mother, Carolyn Leslie, is a teacher and human rights is always in U.S. interest, at the E C Montessori School in Beaufort. even if such movement is not as fast. They are both natives of New York, but have HON. TOM LANTOS I urge my colleagues to cosponsor this im- chosen South Carolina as their new home. I OF CALIFORNIA portant reform initiative. congratulate the Leslie family on Isaac’s birth. IN THE HOUSE OF REPRESENTATIVES f f Monday, February 12, 2007 TRIBUTE TO THE HISTORY OF AF- PELL GRANT EQUITY ACT OF 2007 Mr. LANTOS. Madam Speaker, I rise today RICAN AMERICAN CONTRIBU- to inform my colleagues that today I, along TIONS TO OUR NATION’S HON. GEORGE MILLER with FRANK WOLF, DAVID PRICE, ILEANA ROS- CAPTIOL LEHTINEN and a number of other members OF CALIFORNIA have introduced the Advancing Democratic IN THE HOUSE OF REPRESENTATIVES HON. EDDIE BERNICE JOHNSON Values, Addressing Non-Democratic Countries OF TEXAS Monday, February 12, 2007 and Enhancing (ADVANCE) Democracy Act of IN THE HOUSE OF REPRESENTATIVES Mr. GEORGE MILLER of California. Madam 2007. In the 109th Congress, precursor legis- Monday, February 12, 2007 Speaker, I rise today along with my colleagues lation spurred the Administration to start a Rep. BUCK MCKEON, Rep. RUBEN HINOJOSA number of changes in its approach, including Ms. EDDIE BERNICE JOHNSON of Texas. and Rep. RIC KELLER to introduce the Pell adding capacity to the Department’s Bureau of Madam Speaker, the role of African Ameri- Grant Equity Act of 2007. Democracy, Human Rights and Labor, and cans in the Capitol’s history precedes our ar- As we all know, Pell Grants are the corner- creating an Advisory Committee on Democ- rival as elected officials. In fact, the very foun- stone of our federal student aid system pro- racy Promotion. H.R. 982 builds on that mo- dations on which we stand bear witness to the viding approximately $13 billion for more than mentum by continuing to try to achieve five involvement of African American people. 5 million undergraduate students, mostly from major reforms. H.R. 982 Some names became famous, such as Ben- low-income households. (1) Requires the Secretary to develop long- jamin Banneker. He was a free African Amer- Unfortunately, hundreds of thousands of term strategies for democracy promotion and ican mathematician who helped layout our low-income students, who would otherwise human rights protection for non-democratic capital city 1791.

VerDate Aug 31 2005 05:45 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A12FE8.027 E12FEPT1 ccoleman on PROD1PC60 with REMARKS February 12, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E327 But many more names will never be widely taining high levels of scholastic achievement Bush, Sr., his Secretary of State James known. Although they labored in obscurity, in the face of adversity. Baker and his National Security Advisor their contributions stand today as monuments Madam Speaker, I join to wish Mr. Rivera General Skowcroft were all opposed to your invasion? Wouldn’t you, our troops, the to their tenacity. Among them were skilled and best wishes and good fortune in his future American people and the Iraqis all be much unskilled laborers who helped build the U.S. projects. better off if you had listened to your more Capitol building in 1793. Both free and f experienced elders including your earthly fa- enslaved people labored side by side to create ther? Instead of blaming God for the awful this architectural gem. They were carpenters, GEORGE MCGOVERN SPEAKS ON catastrophe you have unleashed in Iraq, sawyers, blacksmiths, bricklayers, and IRAQ AT THE NATIONAL PRESS wouldn’t it have been less self-righteous if brickmakers. Ironically, it was an enslaved CLUB you had fallen back on the oft-quoted explanation of wrongdoing, ‘‘The devil made me person who helped cast our magnificent Stat- do it?’’ ue of Freedom. Another slave—Philip Reid— HON. JAMES P. McGOVERN And Mr. President, after the 9–11 hit used his mechanical expertise to lift that stat- OF MASSACHUSETTS against the Twin Towers in New York, which ue to the top of the Capitol Dome in 1863. IN THE HOUSE OF REPRESENTATIVES gained us the sympathy and support of the Eventually, African-Americans moved into entire world, why did you then order the in- Monday, February 12, 2007 domestic service roles. They served as mes- vasion of Iraq, which had nothing to do with sengers, groundskeepers, cafeteria workers, Mr. MCGOVERN. Madam Speaker, last 9–11? Are you aware that your actions de- and in similar service capacities. Yet black month, on January 12th, Senator George stroyed the international reservoir of good will towards the United States? What is the people were excluded from professional jobs McGovern spoke at the National Press Club cost to America of shattering the standing until the 20th century. about what he would advise President Bush to and influence of our country in the eyes of The first African American known to be do on the Iraq War. the world? hired as a professional clerk was Jesse Nich- At 84 years of age, and as a veteran of Why, Mr. President did you pressure the ols, a government documents clerk for the World War II, Senator McGovern has the ex- CIA to report falsely that Iraq was building Senate Finance Committee from 1937 to perience and knowledge that leads him to weapons of mass destruction including nu- 1971. focus on the important questions surrounding clear weapons? And when you ordered your this critical policy question. I hope all my col- Secretary of State, Colin Powell, to go to Later Christine McCreary, who worked for New York and present to the U.N. the Ad- Senators Stuart Symington and John Glenn, leagues, on both sides of the aisle, will review ministration’s ‘‘evidence’’ that Iraq was an was one of the first staffers to challenge the Senator McGovern’s remarks and ask the imminent nuclear threat to the United de facto segregation that existed on Capitol same questions of our president. States, were you aware that after reading Hill. Sadly, this second class status for blacks REMARKS BY SENATOR GEORGE MCGOVERN TO this deceitful statement to the U.N., Mr. persisted well into the 1960s. And to some de- THE NATIONAL PRESS CLUB Powell told an aid that the so-called evi- gree it stubbornly persists. [Jan. 12, 2007] dence was ‘‘bullshit’’? In 1985, Trudi Morrison became the first Is it reasonable to you, President Bush, I’m glad to be back at the National Press that Colin Powell told you near the end of woman and the first African American to serve Club. Indeed, at the age of 84, I’m glad to be your first term that he would not be in your as Deputy Sergeant at Arms of the Senate. anywhere. In my younger years when the administration if you were to receive a sec- Three years ago we saw another first for Afri- subject of aging came up, trying to sound ond term? What decent person could survive can Americans when the Senate appointed Dr. worldly wise, I would say, ‘‘It doesn’t matter two full terms of forced lying and deceit? Barry C. Black as Chaplain. He continues to so much the number of years you have, but And Mr. President, how do you enjoy your what you do with those years.’’ I don’t say leisure time, and how can you sleep at night hold this position today. that anymore. I now want to reach a hun- And this year, Madam Speaker, you have knowing that 3014 young Americans have dred. Why? Because I thoroughly enjoy life died in a war you mistakenly ordered? What expanded the train of firsts into the House of and there are so many things I must still do do you say to the 48,000 young Americans Representatives. The appointment of Lorraine before entering the mystery beyond. The who have been crippled for life in mind or C. Miller as Clerk of the House makes her the most urgent of these is to get American sol- body? What is your reaction to the conclu- first African American to serve as an official of diers out of the Iraqi hellhole Bush-Cheney sion of the leading British medical journal this chamber. and their neo-conservative theorists have (Lancet) that since you ordered the bom- These are the unsung heroes that made created in what was once called the cradle of bardment and occupation of Iraq four years possible all of the successes African Ameri- civilization. It is believed to be the location ago, 600 thousand Iraqi men, women and chil- of the Garden of Eden. I mention the neo- cans in civil service positions enjoy today. dren have been killed? What do you think of conservative theorists to recall Walter the destruction of the Iraqi’s homes, their Whether elected or appointed, it is on their Lippman’s observance, ‘‘There is nothing so electrical and water systems, their public shoulders that we stand. In this month when dangerous as a belligerent professor.’’ buildings? we heighten awareness of African-American One of the things I miss about my 18 years And Mr. Bush and Mr. Cheney, while nei- history, it is critical that we acknowledge them in the U.S. Senate are the stories of the old ther of you has ever been in combat (Mr. and pay down our debt of gratitude. Southern Democrats. I didn’t always vote Cheney asking and receiving five deferments with them, but I loved their technique of re- from the Vietnam War), have you not at f sponding to an opponent’s questions with a least read or been briefed on the terrible TRIBUTE TO JONATHAN RIVERA humorous story. Once when Senator Sam costs of that ill-advised and seemingly end- Ervin of North Carolina had to handle a less American war in tiny Vietnam? Do you tough question from Mike Mansfield, he said, realize that another Texas President, Lyn- HON. JOSEPH CROWLEY ‘‘You know, Mr. Leader, that question re- don Baines Johnson, declined to seek a sec- OF NEW YORK minds me of the old Baptist preacher who ond term in part because he had lost his IN THE HOUSE OF REPRESENTATIVES was telling a class of Sunday school boys the credibility over the disastrous war in Viet- creation story. ‘God created Adam and Eve nam? Are you aware that one of the chief ar- Monday, February 12, 2007 and from this union came two sons, Cain and chitects of that war, Secretary of Defense Mr. CROWLEY. Madam Speaker, I rise Abel and thus the human race developed.’ A Robert McNamara, resigned his office and today to pay tribute to the accomplishments of boy in the class then asked, ‘Reverend, years later published a book declaring that one of my constituents, Jonathan Rivera of where did Cain and Abel get their wives?’ the war was all a tragic mistake? Do you After frowning for a moment, the preacher Bronx, NY. I wish to recognize Mr. Rivera for know this recent history in which 58,000 replied, ‘Young man—it’s impertinent ques- young Americans died in the process of kill- being named a semi-finalist in The New York tions like that that’s hurtin’ religion.’’’ ing 2 million Vietnamese men, women and Times College Scholarship Program. Currently Well, Mr. Bush, Jr. I have some imper- children? If you do not know about this ter- a senior at Monsignor Scanlan High School, tinent questions for you. rible blunder in Vietnam, are you not ignor- Jonathan has demonstrated both a commit- Mr. President, Sir, when reporter Bob ing the conclusion of one of our great phi- ment to academic excellence and to serving Woodward asked you if you had consulted losophers: ‘‘Those who are ignorant of his- the community through his involvement in the with your father before ordering our army tory are condemned to repeat it.’’ And, Mr. Campus Ministry, making him a deserving re- into Iraq you said, ‘‘No, he’s not the father President, in your ignorance of the lessons of you call on a decision like this. I talked to cipient of this honor. Vietnam, are you not condemning our troops my heavenly Father above.’’ My question, and our people to repeat the same tragedy in The New York Times awards 4-year schol- Mr. President: If God asked you to bombard, Iraq? arships and mentoring opportunities to only 20 invade and occupy Iraq for four years, why During the long years between 1964 and students each year attending New York City did he send an opposite message to the Pope? 1975 when I fought to end the American war public schools. Recipients are selected for at- Did you not know that your father, George in Vietnam, first as a U.S. Senator from

VerDate Aug 31 2005 05:45 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A12FE8.031 E12FEPT1 ccoleman on PROD1PC60 with REMARKS E328 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2007 South Dakota and then as my party’s nomi- Edmund Burke: ‘‘A conscientious man would PERSONAL EXPLANATION nee for President, my four daughters ganged be cautious how he dealt in blood.’’ up on my one night. ‘‘Dad, why don’t you And, Mr. President at a time when your give up this battle? You’ve been speaking most respected generals have concluded that HON. TIM RYAN out against this crazy war since we were lit- the chaos and conflict in Iraq cannot be re- OF OHIO tle kids. When you won the Democratic pres- solved by more American dollars and more IN THE HOUSE OF REPRESENTATIVES idential nomination, you got snowed under American young bodies, do you ever consider by President Nixon.’’ In reply I said, ‘‘Just the needs here at home of our own anxious Monday, February 12, 2007 remember that sometimes in history even a and troubled society? What about the words Mr. RYAN of Ohio. Madam Speaker, on tragic mistake produces something good. of another true conservative, General and Thursday, February 8, 2007, I was attending President Dwight Eisenhower who said that, The good about Vietnam is that it is such a the funeral of the father of a member of my terrible blunder, we’ll never go down that ‘‘Every gun that is made, every warship road again.’’ Mr. President, we’re going down launched, every rocket fired signifies in the staff and missed rollcall votes No. 81–92. Had that road again. So, what do I tell my daugh- final sense, a theft from those who hunger I been present, I would have voted ‘‘aye’’ on ters? And what do you tell your daughters? and are not fed, those who are cold and not rollcall votes No. 81, 82, 83, 85, 86, 87, 88, Mr. President, I do not speak either as a clothed.’’ 89, 90 and ‘‘aye’’ on final passage of H.R. pacifist or a draft dodger. I speak as one who And, Mr. President, would not you and all 547, the Advanced Fuels Infrastructure Re- after the attack on Pearl Harbor, volun- the rest of us do well to ponder the farewell words of President Eisenhower: ‘‘In the coun- search and Development Act (rollcall vote No. teered at the age of nineteen for the Army 92). I would have voted ‘‘nay’’ on rollcall votes Air Corps and flew 35 missions as a B–24 cils of government; we must guard against bomber. I believed in that war then and I the acquisition of the unwarranted influence No. 84 and 91. still do 65 years later. And so did the rest of of the military-industrial complex. The po- f America. Mr. President, are you missing the tential for the disastrous rise of misplaced intellectual and moral capacity to know the power exists and will persist.’’ PERSONAL EXPLANATION difference between a justified war and a war Finally, Mr. President, I ask have you kept of folly in Vietnam or Iraq? your oath of office to uphold the Constitu- HON. DEBBIE WASSERMAN SCHULTZ Public opinion polls indicate that two- tion when you use what you call the war on OF FLORIDA thirds of the American people think that the terrorism to undermine the Bill of Rights? war in Iraq has been a mistake on your part. On what constitutional theory do you seize IN THE HOUSE OF REPRESENTATIVES and imprison suspects without charge, some- It is widely believed that this war was the Monday, February 12, 2007 central reason Democrats captured control times torturing them in foreign jails? On of both houses of Congress. Polls among the what constitutional or legal basis have you Ms. WASSERMAN SCHULTZ. Madam people of Iraq indicate that nearly all Iraqis tapped the phones of Americans without ap- Speaker, I was unavoidably detained for roll- want our military presence in their country proval of the courts as required by law? Are call vote No. 85, on agreeing to the Rogers you above the Constitution, above the law, for the last four years to end now. Why do amendment to H.R. 547, at 4:01 p.m. on Feb- you persist in defying public opinion in both and above the Geneva accords? If we are fighting for freedom in Iraq as you say, why ruary 8, 2007. the United States and Iraq and throughout If present, I would have voted ‘‘aye.’’ the other countries around the globe? Do you are you so indifferent to protecting liberty see yourself as omniscient? What is your here in America? f Many Americans are now saying in effect, view of the doctrine of self-determination, ‘‘The American war in Iraq has created a RECOGNIZING DR. STEVEN SCOTT which we Americans hold dear? And wonder of wonders, Mr. President, horrible mess but how can we now walk away FOR HIS WORK ON BEHALF OF from it?’’ William Polk, a former Harvard after such needless death and destruction, AMERICA’S VETERANS and University of Chicago professor of Mid- first in the Vietnamese jungle and now in dle East Studies and a former State Depart- the Arabian desert, how can you order 21,500 ment expert on the Middle East, has teamed HON. GINNY BROWN-WAITE more American troops to Iraq? Are you up with me on a recent book requested by OF FLORIDA aware that as the war in Vietnam went from Simon and Schuster. It is entitled, ‘‘Out of bad to worse, our leaders sent in more troops IN THE HOUSE OF REPRESENTATIVES Iraq: A Practical Plan for Withdrawal Now.’’ and wasted more billions of dollars until we I feel awkward praising it, so I give you the Monday, February 12, 2007 had 550,000 U.S. troops in that little country? respected journalist of the New York Times, It makes me shudder as an aging bomber Ms. GINNY BROWN-WAITE of Florida. and now of Newsweek, Anna Quindlen who Madam Speaker, I rise today to honor Dr. Ste- pilot to remember that we dropped more told Charlie Rose on his excellent TV pro- bombs on the Vietnamese and their country gram: ‘‘There is a wonderful book I am rec- ven G. Scott, a nominee for the U.S. Depart- than the total of all the bombs dropped by ommending to everyone. It’s a very small, ment of Veterans Affairs Employee of the Year all the air forces around the world in World readable book by George McGovern and Wil- Award, issued annually by the Disabled Amer- War II. Do you, Mr. President, honestly be- liam Polk called ‘‘Out of Iraq’’. And it just ican Veterans. As someone who had dedi- lieve that we need tens of thousands of addi- very quickly runs you through the history of cated their professional career to meeting the tional troops plus a supplemental military the country, the makeup of the country, how appropriation of 200 billion dollars before we healthcare needs of his patients, Dr. Scott de- we got in, the arguments for getting in— serves recognition for his work on behalf of can bring our troops home from this night- many of which don’t withstand scrutiny— mare in ancient Baghdad? and how we can get out. It’s like a little our nation’s veterans. In your initial campaign for the Presi- primer. I think the entire nation should read While stationed at the James A. Haley VA dency, Mr. Bush, you described yourself as a it and then we will be united.’’ Medical Center in Tampa, Florida for the past ‘‘compassionate conservative.’’ What is com- If you need a second for the judgment of sixteen years, Dr. Scott has been instrumental passionate about consigning America’s Anna Quindlen, I give you the esteemed Li- in bringing specialized healthcare to soldiers youth to a needless and seemingly endless brary Journal: ‘‘In this crisp and cogently war that has now lasted longer than World with traumatic injuries. His work has focused argued book, former Senator McGovern and on providing care for those individuals wound- War II? And what is conservative about re- scholar Polk offer a trenchant and straight- ducing the taxes needed to finance this war forward critique of the war in Iraq. What ed through explosions, as well as those af- and instead running our national debt to makes their highly readable book unique is flicted with spinal cord injuries. nine trillion dollars with money borrowed that it not only argues why the United Without Dr. Scott’s tireless efforts, these sol- from China, Japan, Germany and Britain? Is States needs to disengage militarily from diers would not have access to the high qual- this wild deficit financing your idea of con- Iraq now . . . but also clearly delineates ity care they receive today. I have toured the servatism? Mr. President, how can a true practical steps for troop withdrawal . . . Es- facilities at Haley in person, and can attest to conservative be indifferent to the steadily sential reading for anybody who wants to cut the outstanding facilities, excellent staff, and rising cost of a war that claims over seven through the maze of confusion that sur- billion dollars a month, 237 million dollars rounds current U.S. policy in Iraq, this book professional atmosphere. Dr. Scott deserves a every day? Are you troubled to know as a is highly recommended for public and aca- great deal of the credit for the quality care pro- conservative that just the interest on our demic libraries.’’ vided to the severely wounded at Haley. Fami- skyrocketing national debt is $760,000 every Professor Polk is a descendant of President lies around the country request the Haley day? Mr. President, our Nobel Prize winning Polk and the brother of the noted George Center because of the superior healthcare economist, Joseph Stiglitz, estimates that if Polk, is here today from his home in south- services Dr. Scott has brought to the the war were to continue until 2010 as you ern France and he will join me at the podium Polytrauma Center. have indicated it might, the cost would be as I conclude this impartial interrogation of over a trillion dollars. President Bush. And now, members of the Dr. Scott has also been recognized for his Perhaps, Mr. President, you should ponder National Press Club and your guests, it’ s outstanding work serving veterans injured in the words of a genuine conservative—Eng- your turn to cross-examine Bill Polk and me combat. The 2006 recipient of the Tampa Bay land’s 19th Century member of Parliament, in, of course, an equally impartial manner. Business Journal’s Health Care Heroes Award

VerDate Aug 31 2005 05:45 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A12FE8.037 E12FEPT1 ccoleman on PROD1PC60 with REMARKS February 12, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E329 for Health Care Innovation and Research, Dr. awards including the Lasker Award, the Ket- water while you guys carry on the life or Scott was also awarded the 2004 Olin E. tering Prize from the General Motors Cancer death struggle against worldwide militant Teague Award, the highest award for treating Research Foundation, and most recently the Islamic terrorism. Our lives are about nothing: paying bills, going to humdrum jobs, war-related injuries in the VA. Inaugural Lifetime Achievement Award from waiting until we can go to sleep and then do Madam Speaker, dedicated public servants the American Association for Cancer Re- it all again. Our most vivid issues are trivia like Dr. Steven G. Scott should be recognized search. compared with what you do every day, every for their years of service to America’s vet- Not only a medical practitioner but a distin- minute, every second. erans. I know that he will continue to help the guished educator, Dr. Frei served as Pro- Oprah Winfrey talks a lot about ‘‘mean- patients at James Haley VA Medical Center fessor of Medicine at The University of Texas ing’’ in life. For her, ‘‘meaning’’ is dieting recover from their injuries and improve their for seven years, and at Harvard Medical and then having her photo on the cover of medical care. Congress should recognize the School for 24 years. The textbook he co-au- her magazine every single month (surely a new world record for egomania). This is not men and women like Dr. Scott who work day thored, Cancer Medicine, was the first pub- ‘‘meaning.’’ in and day out on behalf of our veterans. lished about oncology, and remains a seminal —Meaning is doing for others. f text in this field of medicine. —Meaning is risking your life for hers. Dr. Frei is now retired in southern Nevada, —Meaning is putting your bodies and fami- TRIBUTE TO JOANNA KURYLO but continues to lecture, write, and offer ad- lies’ peace of mind on the line to defeat some vice about the field in which he worked for of the most evil, sick killers the world has ever known. HON. JOSEPH CROWLEY more than 50 years. He now serves on the —Meaning is leaving the comfort of home OF NEW YORK chapter board of the Southern Nevada Leu- to fight to make sure that there still will be IN THE HOUSE OF REPRESENTATIVES kemia & Lymphoma Society, which will be a home for your family and for your nation Monday, February 12, 2007 hosting the inaugural Dr. Emil Frei III Sympo- and for free men and women everywhere. sium in March 2007. Look, soldiers and Marines and sailors and Mr. CROWLEY. Madam Speaker, I rise Madam Speaker, I am proud to pay tribute airmen and Coast Guardsmen, there are today to pay tribute to one of my constituents, to Dr. Frei for his committed service to med- eight billion people in this world. The whole fate of this world turns on what you people, Joanna Kurylo of Queens, NY. I wish to recog- ical oncology, service that has helped thou- nize Ms. Kurylo for being awarded the 2007 1.4 million, more or less, do every day. The sands of cancer patients under his care and fate of mankind depends on what about 2/100 New York State Dr. Martin Luther King, Jr. Hu- innumerable patients in the future through his of one percent of the people in this world do manitarian Youth Award. Joanna is a student leadership and instruction. His exceptional ca- every day and you are those people. And at Christ the King Regional High School where reer deserves the highest commendation and joining you is every policeman, fireman, and she has achieved a high level of excellence praise. Emergency Medical Technician in the coun- and has already established herself as a com- try, also holding back the tide of chaos. f munity leader. While participating in a number Do you know how important you are? Do of extra-curricular school activities, Joanna TRIBUTE TO OUR TROOPS you know how indispensable you are? Do you was honored for her notable fundraising efforts know how humbly grateful any of us who has a head on his shoulders is to you? Do you which brought aid to the Darfur region and HON. JACK KINGSTON know that if you never do another thing in helped advance the battle against leprosy. OF GEORGIA your lives, you will always still be heroes? This award is granted to five students through- That we could live without hollywood or IN THE HOUSE OF REPRESENTATIVES out New York State each year. Wall Street or the NFL, but we cannot live Madam Speaker, I join to wish Ms. Kurylo Monday, February 12, 2007 for a week without you? We are on our knees to you and we bless best wishes and good fortune in her future Mr. KINGSTON. Madam Speaker, I rise projects. and pray for you every moment. And Oprah today to submit to the RECORD an article by Winfrey, if she were a size two, would not f the writer, actor, economist and lawyer, Ben have one millionth of your importance, and HONORING DR. EMIL FREI III Stein. This article, titled ‘‘Greetings from Ran- all of the Wall Street billionaires will never cho Mirage’’, expresses support and encour- mean what the least of you do, and if Barry agement to our many hardworking and dedi- Bonds hits hundreds of home runs it would HON. DEAN HELLER cated troops abroad: not mean as much as you going on one patrol OF NEVADA or driving one truck to the Baghdad airport. GREETINGS FROM RANCHO MIRAGE—BY BEN You are everything to us, as we go through IN THE HOUSE OF REPRESENTATIVES STEIN our little days, and you are in the prayers of Monday, February 12, 2007 Dear Soldiers, Sailors, Airmen, Marines, the nation and of every decent man and National Guard, Reservists, in Iraq, in the Mr. HELLER of Nevada. Madam Speaker, I woman on the planet. That’s who you are Middle East theater, in Afghanistan, in the and what you mean. I hope you know that. rise today to pay tribute to Dr. Emil Frei III, a area near Afghanistan, in any base anywhere Love, pioneer in cancer treatment, one of the world’s in the world, and your families: BEN STEIN. Let me tell you about why you guys own foremost oncologists, and a leader in medical f education. about 90 percent of the backbone in the In addition to his many different leadership whole world right now and should be happy SENATE COMMITTEE MEETINGS roles, throughout his career Dr. Frei has made with yourselves and proud of whom you are. Title IV of Senate Resolution 4, It was a dazzlingly hot day here in Rancho notable advances in cancer treatment. His Mirage today. I did small errands like going agreed to by the Senate on February 4, clinical research has made major contributions to the bank to pay my mortgage, finding a 1977, calls for establishment of a sys- to the successful application of chemotherapy, new bed at a price I can afford, practicing tem for a computerized schedule of all a treatment method that has cured tens of driving with my new 5 wood, paying bills for meetings and hearings of Senate com- thousands of patients. Dr. Frei served as Chief about two hours. I spoke for a long time to mittees, subcommittees, joint commit- of Medicine at the National Cancer Institute, a woman who is going through a nasty child tees, and committees of conference. Associate Scientific Director Head at M.D. An- custody fight. I got e-mails from a woman This title requires all such committees derson, Director and Physician-in-Chief at the who was fired today from her job for not pay- to notify the Office of the Senate Daily ing attention. I read about multi-billion-dol- Dana-Farber Cancer Institute, and is now the lar mergers in Europe, Asia, and the Mid- Digest—designated by the Rules Com- Physician-in-Chief, Emeritus, at the Dana- east. I noticed how overweight I am, for the mittee—of the time, place, and purpose Farber Cancer Institute. He has also served millionth time. In other words, I did a lot of of the meetings, when scheduled, and on the advisory or director boards of numer- nothing. any cancellations or changes in the ous companies and non-profit organizations, Like every other American who is not in meetings as they occur. including: Adherex Technologies, Angstrom, the armed forces family, I basically just re- As an additional procedure along CaP Cure, Celator Pharmaceuticals, DIAD Re- arranged the deck chairs on the Titanic in with the computerization of this infor- search, Immunogen, Infinity Pharmaceuticals, my trivial, self-important, meaningless way. mation, the Office of the Senate Daily Above all, I talked to a friend of more than Digest will prepare this information for Vion Pharmaceuticals, Aid for Cancer Re- forty-three years who told me he thought his search, the Cancer Research Institute, the life had no meaning because all he did was printing in the Extensions of Remarks Journal of Clinical Oncology, and the New count his money. And, friends in the armed section of the CONGRESSIONAL RECORD England Journal of Medicine. Dr. Frei’s con- forces, this is the story of all of America on Monday and Wednesday of each tributions have been recognized by numerous today. We are doing nothing but treading week.

VerDate Aug 31 2005 05:45 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A12FE8.043 E12FEPT1 ccoleman on PROD1PC60 with REMARKS E330 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2007 Meetings scheduled for Tuesday, Feb- Judiciary ports to Congress on Federal agency ruary 13, 2007 may be found in the To hold hearings to examine judicial se- use of data mining, S. 378, to amend curity and independence. title 18, United States Code, to protect Daily Digest of today’s RECORD. SH–216 judges, prosecutors, witnesses, victims, Commerce, Science, and Transportation and their family members, S. 442, to MEETINGS SCHEDULED Trade, Tourism, and Economic Develop- provide for loan repayment for prosecu- ment Subcommittee tors and public defenders, S. Res. 41, FEBRUARY 14 To hold hearings to examine overseas honoring and the life and recognizing sweatshop abuses, focusing on their im- 9:30 a.m. the accomplishments of Tom Mooney, pact on U.S. workers and the need for president of the Ohio Federation of Health, Education, Labor, and Pensions anti-sweatshop legislation. Business meeting to consider the Mental Teachers, S. Res. 47, honoring the life SR–253 and achievements of George C. Spring- Health Parity Act of 2007, the Head 11:30 a.m. er, Sr., the Northeast regional director Start for School Readiness Act, and Rules and Administration and a former vice president of the any pending nominations. To hold hearings to examine Senate American Federation of Teachers, S. SD–430 Committee budget Requests. 10 a.m. SR–301 Res. 49, recognizing and celebrating the Banking, Housing, and Urban Affairs 2:30 p.m. 50th anniversary of the entry of Alaska To hold hearings to examine the semi- Commerce, Science, and Transportation into the Union as the 49th State, S. annual monetary policy report to the Fisheries and Coast Guard Subcommittee Res. 53, congratulating Illinois State Congress. To hold an oversight hearing to examine University as it marks its sesqui- SD–106 recent setbacks to the Coast Guard centennial, and S. Res. 69, recognizing Budget Deepwater Program. the African-American spiritual as a na- To hold hearings to examine the Presi- SR–253 tional treasure. dent’s fiscal year 2008 budget proposals Intelligence SD–226 on tax compliance. To hold closed hearings to examine cer- Aging SD–608 tain intelligence matters. To hold hearings to examine those Amer- Homeland Security and Governmental Af- SH–219 icans born between 1946 and 1964 (baby fairs boomers), focusing on the federal budg- Business meeting to consider S. 4, to FEBRUARY 15 et and senior citizens. make the United States more secure by 9:15 a.m. SD–562 implementing unfinished recommenda- Foreign Relations 2:30 p.m. tions of the 9/11 Commission to fight To hold hearings to examine the nomina- Intelligence the war on terror more effectively, to tions of Ryan C. Crocker, of Wash- To hold closed hearings to examine cer- improve homeland security, S. 343, to ington, to be Ambassador to the Repub- tain intelligence matters. extend the District of Columbia Col- lic of Iraq, and William B. Wood, of SH–219 lege Access Act of 1999, S. 457, to ex- New York, to be Ambassador to the Is- 3 p.m. tend the date on which the National lamic Republic of Afghanistan. Armed Services Security Personnel System will first SD–628 Emerging Threats and Capabilities Sub- apply to certain defense laboratories, a 9:30 a.m. committee proposed bill to preserve existing Armed Services To receive a briefing on the reorganiza- judgeships on the Superior Court of the To hold hearings to examine the current tion of the Office of the Under Sec- District of Columbia, S. 550, to preserve and future readiness of the Army and retary of Defense for Policy. existing judgeships on the Superior Marine Corps; there is a possibility of a SR–232A Court of the District of Columbia, S. closed session in SR–222 following the 171, to designate the facility of the open session. FEBRUARY 16 United States Postal Service located at SH–216 10 a.m. 301 Commerce Street in Commerce, Commerce, Science, and Transportation Health, Education, Labor, and Pensions Oklahoma, as the ‘‘Mickey Mantle Post Aviation Subcommittee To hold hearings to examine paying for To hold hearings to examine the Admin- Office Building’’, S. 194 and H.R. 49, college in the future relating to higher istration’s proposal to reauthorize the bills to designate the facility of the education, higher cost and higher stu- Federal Aviation Administration (Part United States Postal Service located at dent debt. 1). 1300 North Frontage Road West in Vail, SD–430 SR–253 Colorado, as the ‘‘Gerald R. Ford, Jr. Energy and Natural Resources Post Office Building’’, S. 219 and H.R. FEBRUARY 27 To hold hearings to examine the Presi- 335, bills to designate the facility of the dent’s proposed budget request for fis- 9:30 a.m. United States Postal Service located at cal year 2008 for the Department of the Veterans’ Affairs 152 North 5th Street in Laramie, Wyo- Interior. To hold joint hearings with the House ming, as the ‘‘Gale W. McGee Post Of- SD–366 Committee on Veterans’ Affairs to ex- fice’’, S. 303, to designate the facility of Indian Affairs amine the legislative presentation of the United States Postal Service lo- To hold an oversight hearing to examine the Disabled American Veterans. cated at 324 Main Street in Grambling, the President’s budget request for fis- 345 CHOB Louisiana, shall be known and des- cal year 2008 for tribal programs. ignated as the ‘‘Coach Eddie Robinson SR–485 FEBRUARY 28 Post Office Building’’, S. 412 and H.R. 10 a.m. 2:30 p.m. 521, bills to designate the facility of the Environment and Public Works Commerce, Science, and Transportation United States Postal Service located at To hold hearings to examine the Presi- Science and Space Subcommittee 2633 11th Street in Rock Island, Illi- dent’s proposed budget request for fis- nois, as the ‘‘Lane Evans Post Office To hold hearings to examine the Presi- cal year 2008 for the Environmental dent’s budget request for the National Building’’, H.R. 433, to designate the fa- Protection Agency. cility of the United States Postal Aeronautics and Space Administration SD–406 (NASA). Servicelocated at 1700 Main Street in Finance SR–253 Little Rock, Arkansas, as the To hold hearings to examine the Admin- ‘‘ScipioA. Jones Post Office Building’’, istration trade agenda for 2007. MARCH 1 H.R. 514, to designate the facility of the SD–215 United States Postal Servicelocated at Judiciary 9:30 a.m. 16150 Aviation Loop Drive in Business meeting to consider the nomi- Veterans’ Affairs Brooksville, Florida, as the ‘‘Sergeant nation of Beryl A. Howell, of the Dis- To hold an oversight hearing to examine Lea Robert Mills Brooksville Aviation trict of Columbia, and Dabney the Veterans Administration adjudica- Branch Post Office’’, and H.R. 577, to Langhorne Friedrich, of Virginia, both tion process. designate the facility of the United to be a Member of the United States SR–418 States Postal Servicelocated at 3903 Sentencing Commission, S. 316, to pro- 10 a.m. South Congress Avenue in Austin, hibit brand name drug companies from Commerce, Science, and Transportation Texas, as the ‘‘Sergeant Henry Ybarra compensating generic drug companies To hold hearings to examine universal III Post Office Building’’. to delay the entry of a generic drug service. SD–342 into the market, S. 236, to require re- SR–253

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VerDate Aug 31 2005 05:45 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\M12FE8.000 E12FEPT1 ccoleman on PROD1PC60 with REMARKS Monday, February 12, 2007 Daily Digest Senate China; which was referred to the Committee on For- Chamber Action eign Relations. (PM–6) Page S1846 Routine Proceedings, pages S1813–S1878 Transmitting, pursuant to law, the Economic Re- Measures Introduced: Sixteen bills and two resolu- port of the President dated February 2007 with the tions were introduced, as follows: S. 543–558, S. Annual Report of the Council of Economic Advisers Res. 77, and S. Con. Res. 10. Page S1848 for 2007; which was referred to the Joint Economic Committee. (PM–7) Pages S1846–47 Measures Reported: S. 214, to amend chapter 35 of title 28, United Nomination Confirmed: Senate confirmed the fol- States Code, to preserve the independence of United lowing nomination: States attorneys, with an amendment. Page S1848 John D. Negroponte, of New York, to be Deputy Secretary of State. Pages S1873, S1878 Measures Passed: Nominations Received: Senate received the fol- Antitrust Modernization Commission: Senate lowing nominations: passed H.R. 742, to amend the Antitrust Moderniza- tion Commission Act of 2002, to extend the term Janis Herschkowitz, of Pennsylvania, to be a of the Antitrust Modernization Commission and to Member of the Board of Directors of the National make a technical correction, clearing the measure for Consumer Cooperative Bank for a term of three years. the President. Page S1873 David George Nason, of Rhode Island, to be a Continuing Appropriations—Agreement: A unan- Member of the Board of Directors of the National imous-consent agreement was reached providing that Consumer Cooperative Bank for a term of three Senate resume consideration of H.J. Res. 20, making years. further continuing appropriations for the fiscal year Nguyen Van Hanh, of California, to be a Member 2007, at 2:15 p.m., on Tuesday, February 13, 2007; of the Board of Directors of the National Consumer that the time until 2:30 p.m., be equally divided Cooperative Bank for a term of three years. and controlled by the Majority Leader and Repub- Zalmay Khalilzad, of Maryland, to be Representa- lican Leader, or their designees; that at 2:30 p.m., tive of the United States of America to the Sessions Senate vote on the motion to invoke cloture on the of the General Assembly of the United Nations dur- resolution; and provided further that on Tuesday, ing his tenure of service as Representative of the February 13, 2007, Members have until noon to file United States of America to the United Nations. second-degree amendments. Page S1873 Zalmay Khalilzad, of Maryland, to be the Rep- Appointments: resentative of the United States of America to the Reading of Washington’s Farewell Address: The United Nations, with the rank and status of Ambas- Chair, on behalf of the Vice President, pursuant to sador, and the Representative of the United States of the order of the Senate on January 24, 1901, as America in the Security Council of the United Na- modified by the order of February 5, 2007, ap- tions. pointed Senator Corker to read Washington’s Fare- Ford M. Fraker, of Massachusetts, to be Ambas- well Address on Monday, February 26, 2007. sador to the Kingdom of Saudi Arabia. Page S1873 Marylyn Andrea Howe, of Massachusetts, to be a Messages From the President: Senate received the Member of the National Council on Disability for a following messages from the President of the United term expiring September 17, 2008. States: Lonnie C. Moore, of Kansas, to be a Member of Transmitting, pursuant to law, a report relative to the National Council on Disability for a term expir- the export of items to the People’s Republic of ing September 17, 2008. D172

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Cynthia Allen Wainscott, of Georgia, to be a Additional Statements: Pages S1845–46 Member of the National Council on Disability for a Amendments Submitted: Pages S1869–73 term expiring September 17, 2008. W. Craig Vanderwagen, of Maryland, to be As- Notices of Hearings/Meetings: Page S1873 sistant Secretary for Preparedness and Response, De- Authorities for Committees to Meet: Page S1873 partment of Health and Human Services. Adjournment: Senate convened at 1:00 p.m., and David C. Geary, of Missouri, to be a Member of adjourned at 7:22 p.m., until 10 a.m., on Tuesday, the Board of Directors of the National Board for February 13, 2007. Education Sciences for a term expiring November 28, 2010. Eric Alan Hanushek, of California, to be a Mem- Committee Meetings ber of the Board of Directors of the National Board for Education Sciences for a term expiring November (Committees not listed did not meet) 28, 2010. Carol D’Amico, of Indiana, to be a Member of the BUSINESS MEETING Board of Directors of the National Board for Edu- cation Sciences for a term expiring November 28, Committee on Commerce, Science, and Transportation: 2010. Committee approved for reporting the following Ellen C. Williams, of Kentucky, to be a Governor subcommittee assignments for the 110th Congress: of the United States Postal Service for a term expir- Subcommittee on Aviation Operations, Safety, and Secu- ing December 8, 2014. rity: Senators Rockefeller (Chair), Kerry, Dorgan, Kristine Mary Miller, of Colorado, to be a Mem- Boxer, Nelson (FL), Cantwell, Lautenberg, Pryor, ber of the Board of Trustees of the Institute of Carper, McCaskill, Klobuchar, Lott, McCain, American Indian and Alaska Native Culture and Hutchison, Snowe, Smith, Ensign, Sununu, DeMint, Arts Development for a term expiring May 19, Vitter, and Thune. 2010. Subcommittee on Science, Technology, and Innovation: Brenda L. Kingery, of Texas, to be a Member of Senators Kerry (Chair), Rockefeller, Dorgan, Boxer, the Board of Trustees of the Institute of American Cantwell, Pryor, McCaskill, Klobuchar, Ensign, Indian and Alaska Native Culture and Arts Develop- McCain, Hutchison, Smith, Sununu, DeMint, and ment for a term expiring May 19, 2012. Thune. Julie E. Kitka, of Alaska, to be a Member of the Subcommittee on Interstate Commerce, Trade, and Tour- Board of Trustees of the Institute of American In- ism: Senators Dorgan (Chair), Rockefeller, Kerry, dian and Alaska Native Culture and Arts Develop- Boxer, Cantwell, Pryor, McCaskill, DeMint, McCain, ment for a term expiring May 19, 2012. Snowe, Smith, Ensign, and Sununu. Sonya Kelliher Combs, of Alaska, to be a Member Subcommittee on Space, Aeronautics, and Related of the Board of Trustees of the Institute of American Science: Senators Nelson (FL) (Chair), Kerry, Dorgan, Indian and Alaska Native Culture and Arts Develop- Pryor, Hutchison, Lott, and Sununu. ment for a term expiring May 19, 2008. Subcommittee on Oceans, Atmosphere, Fisheries, and Perry R. Eaton, of Alaska, to be a Member of the Coast Guard: Senators Cantwell (Chair), Kerry, Board of Trustees of the Institute of American In- Boxer, Nelson (FL), Lautenberg, Carper, Klobuchar, dian and Alaska Native Culture and Arts Develop- Snowe, Lott, Smith, Sununu, DeMint, and Vitter. ment for a term expiring May 19, 2012. Subcommittee on Surface Transportation and Merchant Pages S1877–78 Marine Infrastructure, Safety, and Security: Senators Nomination Withdrawn: Senate received notifica- Lautenberg (Chair), Rockefeller, Kerry, Dorgan, tion of withdrawal of the following nomination: Cantwell, Pryor, Carper, McCaskill, Klobuchar, Ellen C. Williams, of Kentucky, to be a Governor Smith, McCain, Lott, Hutchison, Snowe, DeMint, of the United States Postal Service for a term expir- Vitter, and Thune. ing December 8, 2016, which was sent to the Senate Subcommittee on Consumer Affairs, Insurance, and on January 9, 2007. Page S1878 Automotive Safety: Senators Pryor (Chair), Rockefeller, Messages From the House: Page S1847 Nelson (FL), Cantwell, Lautenberg, Carper, Executive Communications: Pages S1847–48 McCaskill, Klobuchar, Sununu, McCain, Lott, Snowe, Smith, Vitter, and Thune. Additional Cosponsors: Pages S1848–50 Senators Inouye and Stevens are ex officio members of Statements on Introduced Bills/Resolutions: each of the Subcommittees. Pages S1850–69

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ENERGY EFFICIENCY sociation of State Energy Officials; R. K. Stewart, Committee on Energy and Natural Resources: Sub- American Institute of Architects, and Kateri Cal- committee on Energy concluded a hearing to exam- lahan, Alliance to Save Energy, both of Washington, ine recommendations on policies and programs to D.C.; Charles R. Zimmerman, Wal-Mart Stores, improve the energy efficiency of buildings and to ex- Inc., Bentonville, Arkansas; Jack Hebert, Cold Cli- pand the role of electric and gas utilities in energy mate Housing Research Center, Fairbanks, Alaska; efficiency programs, after receiving testimony from and James E. Rogers, Duke Energy, Charlotte, Kim Christianson, North Dakota Department of North Carolina, on behalf of the Edison Electric In- Commerce, Bismarck, on behalf of the National As- stitute. h House of Representatives Establishing a pilot program in certain United Chamber Action States district courts to encourage enhancement of Public Bills and Resolutions Introduced: 26 pub- expertise in patent cases among district judges: lic bills, H.R. 979–1004; 1 private bill, H.R. 1005; H.R. 34, to establish a pilot program in certain and 7 resolutions, H. Con. Res. 63–64 and H. Res. United States district courts to encourage enhance- 152–156, were introduced. Pages H1470–71 ment of expertise in patent cases among district Additional Cosponsors: Pages H1471–72 judges; Pages H1430–33 Reports Filed: Reports were filed today as follows: Honoring and praising the National Association H.R. 342, to designate the United States court- for the Advancement of Colored People on the occa- house located at 555 Independence Street, Cape sion of its 98th anniversary: H. Con. Res. 44, to Girardeau, Missouri, as the ‘‘Rush Hudson honor and praise the National Association for the Limbaugh, Sr., United States Courthouse’’, with Advancement of Colored People on the occasion of amendments (H. Rept. 110–10); its 98th anniversary, by a 2⁄3 yea-and-nay vote of H.R. 798, to direct the Administrator of General 410 yeas with none voting ‘‘nay’’, Roll No. 94; Services to install a photovoltaic system for the head- Pages H1433–36, H1448–49 quarters building of the Department of Energy (H. Recognizing the historical significance of the Rept. 110–11); and Pinedale Assembly Center, the reporting site for H. Res. 157, providing for consideration of H. 4,823 Japanese Americans who were unjustly in- Con. Res. 63, disapproving of the decision of the terned during World War II: H. Res. 109, to rec- President announced on January 10, 2007, to deploy ognize the historical significance of the Pinedale As- more than 20,000 additional United States combat sembly Center, the reporting site for 4,823 Japanese troops to Iraq (H. Rept. 110–12). Page H1470 Americans who were unjustly interned during World Speaker: Read a letter from the Speaker wherein she War II; Pages H1440–41 appointed Representative Inslee to act as Speaker pro Miguel Angel Garcia Mendez Post Office Build- tempore for today. Page H1425 ing Designation Act: H.R. 414, to designate the fa- Recess: The House recessed at 12:31 p.m. and re- cility of the United States Postal Service located at convened at 2:00 p.m. Page H1425 60 Calle McKinley, West in Mayaguez, Puerto Rico, Suspensions: The House agreed to suspend the rules as the ‘‘Miguel Angel Garcia Mendez Post Office and pass the following measures: Building’’; Pages H1442–43 Recognizing and honoring the employees of the Rush Hudson Limbaugh, Sr., United States Department of Homeland Security for their efforts Courthouse Designation Act: H.R. 342, to des- and contributions to protect and secure the Nation: ignate the United States courthouse located at 555 H. Res. 134, to recognize and honor the employees Independence Street, Cape Girardeau, Missouri, as of the Department of Homeland Security for their the ‘‘Rush Hudson Limbaugh, Sr., United States efforts and contributions to protect and secure the Courthouse’’; and Pages H1443–44 Nation, by a 2⁄3 yea-and-nay vote of 412 yeas with Agreed to amend the title so as to read: ‘‘To des- none voting ‘‘nay’’, Roll No. 93; ignate the United States courthouse located at 555 Pages H1426–30, H1447–48 Independence Street in Cape Girardeau, Missouri, as

VerDate Aug 31 2005 07:11 Feb 13, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D12FE7.REC D12FEPT1 ccoleman on PROD1PC60 with DIGEST February 12, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D175 the ‘Rush Hudson Limbaugh, Sr. United States Adjournment: The House met at 12:30 p.m. and Courthouse’.’’. Page H1444 adjourned at 11 p.m. Directing the Administrator of General Services to install a photovoltaic system for the head- Committee Meetings quarters building of the Department of Energy: DEFENSE APPROPRIATIONS H.R. 798, to direct the Administrator of General Services to install a photovoltaic system for the head- Committee on Appropriations: Subcommittee on Defense quarters building of the Department of Energy. held a hearing on U.S. Air Force Fiscal Year 2007 Pages H1444–46 Supplemental Request. Testimony was heard from the following officials of the Department of the Air Presidential Messages: Read a message from the Force: Michael W. Wynee, Secretary; and GEN T. President certifying that export of certain items to Michael Moseley, USMC, Chief of Staff. the People’s Republic of China is not detrimental to the U.S. space launch industry—referred to the RESOLUTION DISAPPROVING Committee on Foreign Affairs and ordered printed DEPLOYMENT OF ADDITIONAL U.S. (H. Doc. 110–14) and Page H1446 TROOPS TO IRAQ Read a message from the President wherein he Committee on Rules: Granted, by a vote of 9 to 4, a transmitted to Congress the 2007 Economic Report closed rule. The rule provides for the following gen- of the President—referred to the Joint Economic eral debate in the House on H. Con. Res. 63, dis- Committee and ordered printed (H. Doc. 110–2). approving of the decision of the President announced Page H1447 on January 10, 2007, to deploy more than 20,000 Recess: The House recessed at 4:43 p.m. and recon- additional United States combat troops to Iraq: (1) vened at 6:30 p.m. Page H1447 not beyond midnight on Tuesday, February 13, Suspensions: The House debated the following 2007; (2) not beyond midnight on Wednesday, Feb- measures under suspension of the rules. Further pro- ruary 14, 2007; and (3) 12 hours beginning on ceedings were postponed until a later date: Thursday, February 15, 2007. All debate is equally divided and controlled by the Majority and Minority Recognizing the significance of the 65th anni- Leader or their designees. The rule waives all points versary of the signing of Executive Order 9066 by of order against consideration of the concurrent reso- President Franklin D. Roosevelt: H. Res. 122, to lution and provides that the concurrent resolution recognize the significance of the 65th anniversary of shall be considered as read. the signing of Executive Order 9066 by President The rule provides that the Majority Leader at any Franklin D. Roosevelt and to support the goals of time, after consultation with the Minority Leader, the Japanese American, German American, and may extend debate time for an additional hour. The Italian American communities in recognizing a Na- rule also provides that, notwithstanding the oper- tional Day of Remembrance to increase public ation of the previous question, the Chair may post- awareness of the events surrounding the restriction, pone further consideration of the bill to a time des- exclusion, and internment of individuals and families ignated by the Speaker. Finally, the rule contains during World War II and Pages H1436–39 one motion to recommit which may not contain in- Lino Perez, Jr. Post Office Designation Act: structions. Testimony was heard from Chairman H.R. 437, to designate the facility of the United Skelton, Chairman Lantos, Representatives Jones of States Postal Service located at 500 West Eisenhower North Carolina, Pence, Wolf, Shays, Gilchrest, and Street in Rio Grande City, Texas, as the ‘‘Lino Perez, Sam Johnson of Texas. Jr. Post Office’’. Pages H1441–42 SMALL BUSINESS TAX RELIEF ACT OF 2007 Committee Elections: The House agreed to H. Res. Committee on Ways and Means: Ordered reported, as 153, electing the following Members to serve on the amended, H.R. 976, Small Business Tax Relief Act Committee on Standards of Official Conduct of the of 2007. House of Representatives: Representatives Bonner, f Barrett (SC), Kline, and McCaul (TX). Page H1449 Senate Message: Message received from the Senate NEW PUBLIC LAWS today appears on page H1453. (For last listing of Public Laws, see DAILY DIGEST, p. D138) Quorum Calls—Votes: Two yea-and-nay votes de- H.R. 188, to provide a new effective date for the veloped during the proceedings of today and appear applicability of certain provisions of law to Public on pages H1447–48 and H1448–49. There were no Law 105–331. Signed on February 8, 2007 (Public quorum calls. Law 110–3)

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(Committee meetings are open unless otherwise indicated) Subcommittee on Military Personnel, hearing to review the fiscal year 2008 military health care budget and the Senate challenges facing the military health care system, 2 p.m., Committee on Agriculture, Nutrition, and Forestry: to hold 2212 Rayburn. hearings to examine challenges and opportunities relating Subcommittee on Seapower and Expeditionary Forces to rural development, 9:45 a.m., SR–328A. and the Subcommittee on Readiness, joint hearing on Committee on Appropriations: Subcommittee on Interior U.S. Marine Corps and U.S. Navy reset requirements, 3 and Related Agencies, to hold oversight hearings to ex- p.m., 2118 Rayburn. amine the Outer Continental Shelf oil and natural gas Committee on the Budget, hearing on the Department of royalty management by the Department of the Interior, Health and Human Services Fiscal Year 2008 Budget, 2 10 a.m., SD–124. p.m., 210 Cannon. Committee on the Budget: to hold hearings to examine the Committee on Energy and Commerce, Subcommittee on En- President’s Fiscal Year 2008 budgetary proposals for the ergy and Air Quality, hearing entitled ‘‘Addressing Cli- Department of Health and Human Services, 10 a.m., mate Change—Views from Private Sector Panels,’’ 10 SD–608. a.m., 2322 Rayburn. Committee on Commerce, Science, and Transportation: busi- Subcommittee on Oversight and Investigations, hearing ness meeting to consider pending calendar business, 10 entitled ‘‘The Adequacy of FDA to Assure the Safety of a.m., SR–253. the Drug Supply, 9:15 a.m., 2123 Rayburn. Committee on Energy and Natural Resources: to hold hear- Committee on Financial Services, to mark up the following ings to examine the ‘‘Stern Review of the Economics of bills: H.R. 835, To reauthorize the programs of the De- Climate Change’’ examining the economic impacts of cli- partment of Housing and Urban Development for hous- mate change and stabilizing greenhouse gases in the ating assistance for Native Hawaiians; and H.R. 556, Na- mosphere, 10 a.m., SD–106. tional Security Foreign Investment Reform and Strength- Committee on Environment and Public Works: to hold hear- ened Transparency Act of 2007 and to consider the Over- ings to review and report the recommendations of the sight Plan for the 110th Congress, 10 a.m., 2128 Ray- United States Climate Action Partnership Report, 10 burn. a.m., SD–406. Committee on Foreign Affairs, hearing on the Future of Committee on Health, Education, Labor, and Pensions: to the United Nations under Ban Ki-Moon, 10 a.m., 2172 hold hearings to examine The Healthy Families Act, fo- Rayburn. cusing on safeguarding Americans’ livelihood, families Committee on Homeland Security, Subcommittee on Bor- and health with paid sick days, 10 a.m., SD–430. der, Maritime, and Global Counterterrorism, hearing en- Committee on Homeland Security and Governmental Affairs: titled ‘‘Border Security: Infrastructure, Technology, and to hold hearings to examine the Homeland Security De- the Human Element,’’ 10 a.m., 311 Cannon. partment’s budget request for Fiscal Year 2008, 10 a.m., Subcommittee on Transportation Security and Infra- SD–342. structure Protection, hearing entitled ‘‘Rail and Mass Committee on Small Business and Entrepreneurship: to hold Transit Security: Industry and Labor Perspectives,’’ 3 hearings to examine alternatives for easing small business p.m., Cannon. health care costs, 10 a.m., SR–428A. Committee on the Judiciary, Subcommittee on Commer- Committee on Veterans’ Affairs: to hold hearings to exam- cial and Administrative Law held an oversight hearing ine the President’s proposed budget request for fiscal year entitled ‘‘Amending Executive Order 12866: Good Gov- 2008 for veterans programs, 9:30 a.m., SR–418. ernance or Regulatory Usurpation?’’ 1 p.m., 2141 Ray- Select Committee on Intelligence: to hold closed hearings to burn. examine certain intelligence matters, 2:30 p.m., SH–219. Committee on Oversight and Government Reform, hearing on the following: the Executive Branch Reform Act of 2007; House and the Whistleblower Protection Enhancement Act of Committee on Appropriations, Subcommittee on Defense, 2007, 10 a.m., 2154 Rayburn. on U.S. Navy/Marine Corps Fiscal Year 2007 Supple- Committee on Science and Technology, hearing on National mental Request, 1:30 p.m., H–140 Capitol. Imperatives for Earth and Climate Science (National Subcommittee on Homeland Security, on Aviation Se- Academy of Sciences Decadal Survey), 10 a.m., 2318 Ray- curity Challenges, 10 a.m., and on Transportation Secu- burn. rity Challenges, 2 p.m., 2358 Rayburn. Subcommittee on Investigations and Oversight, hearing Subcommittee on Interior, Environment, and Related on Amending Executive Order 12866: Good Governance Agencies, on Overview of National Forest Service, 10 or Regulatory Usurpation? 12 p.m., 2141 Rayburn. a.m., B–308 Rayburn. Committee on Transportation and Infrastructure, Sub- Subcommittee on Military Construction, Veterans’ Af- committee on Highways and Transit, hearing entitled fairs, and Related Agencies, on Related Agencies, on 9:30 ‘‘Public-Private Partnerships: Innovative Financing and a.m., H–143 Capitol. Protecting the Public Interest,’’ 10 a.m., 2167 Rayburn.

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Subcommittee on Railroads, Pipelines and Hazardous Subcommittee on Income Security and Family Support, Materials, hearing entitled ‘‘Fatigue in the Rail Industry,’’ to meet for organizational purposes; followed by a hearing 2 p.m., 2167 Rayburn. on economic opportunity and poverty in America, 10 Committee on Ways and Means, Subcommittee on Health, a.m., B–318 Rayburn. hearing on the Medicare portions of the President’s Fiscal Subcommittee on Oversight, hearing on Earned Income Year 2008 Budget Proposals, 2 p.m., 1100 Longworth. Tax Credit Outreach, 1 p.m., B–318 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, February 13 9 a.m., Tuesday, February 13

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: Begin consideration of H. Con. morning business (not to extend beyond 12:30 p.m.), Res. 63—Disapproving of the decision of the President Senate will resume consideration of H.J. Res. 20, Con- announced on January 10, 2007, to deploy more than tinuing Appropriations, at 2:15 p.m. and following a pe- 20,000 additional United States combat troops to Iraq riod of debate, vote on the motion to invoke cloture on (subject to a rule). the resolution at approximately 2:30 p.m. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Honda, Michael M., Calif., E321, E322, E322 Norton, Eleanor Holmes, D.C., E324 Jackson-Lee, Sheila, Tex., E321, E322 Norwood, Charlie, Ga., E323 Brown-Waite, Ginny, Fla., E325, E328 Johnson, Eddie Bernice, Tex., E319, E326 oe, Ted, Tex., E325 Capuano, Michael E., Mass., E320 Johnson, Timothy V., Ill., E324 Porter, Jon C., Nev., E319, E319, E320, E320 Crowley, Joseph, N.Y., E325, E327, E329 Kingston, Jack, Ga., E329 Reyes, Silvestre, Tex., E319 Cubin, Barbara, Wyo., E323 Lantos, Tom, Calif., E326 Davis, Tom, Va., E321, E322 McGovern, James P., Mass., E327 Ryan, Tim, Ohio, E328 English, Phil, Pa., E324 Meek, Kendrick B., Fla., E323 Wasserman Schultz, Debbie, Fla., E328 Hare, Phil, Ill., E320 Miller, George, Calif., E326 Wilson, Joe, S.C., E326 Heller, Dean, Nev., E329 Miller, Jeff, Fla., E320

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