Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, FIRST SESSION

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

Vol. 153 WASHINGTON, THURSDAY, APRIL 19, 2007 No. 63 House of Representatives The House met at 10 a.m. I pledge allegiance to the Flag of the 108–199, the Chair, on behalf of the Re- The Chaplain, the Reverend Daniel P. United States of America, and to the Repub- publican Leader, appoints the fol- Coughlin, offered the following prayer: lic for which it stands, one nation under God, lowing Senator as Vice Chairman of Times of great violence paralyze indivisible, with liberty and justice for all. the Senate Delegation to the United many and create distant waves of anx- f States-Russia Interparliamentary iety. The same burnishing moment MESSAGE FROM THE SENATE Group conference during the One Hun- that destroys innocents tests the met- A message from the Senate by Ms. dred Tenth Congress: tle of survivors and produces some he- Curtis, one of its clerks, announced The Senator from Mississippi (Mr. roes. Terrible events born of evil intent that the Senate has passed without LOTT). and hatred cry out for ready expla- amendment a bill and a concurrent res- f nation but often remain senseless, olution of the House of the following whether they happened yesterday or titles: decades ago. In the very midst of the HOUR OF MEETING ON FRIDAY, horrible scene there seems to appear a H.R. 1003. An act to amend the Foreign Af- APRIL 20, 2007 fairs Reform and Restructuring Act of 1998 to prophetic voice that screams out: reauthorize the United States Advisory Com- Mr. WILSON of Ohio. Madam Speak- ‘‘Who are you as a people!’’ mission on Public Diplomacy. er, I ask unanimous consent that when Lord God, by whose coinage we are H. Con. Res. 88. Concurrent resolution hon- the House adjourns today, it adjourn to all fashioned and redeemed, be with all oring the life of Ernest Gallo. meet at 9 a.m. tomorrow. of us who are touched by the stories of The message also announced that the The SPEAKER. Is there objection to mass murders. Let not the hatred be Senate has passed a concurrent resolu- the request of the gentleman from contagious or fester in our impurient tion of the following title in which the Ohio? nature. Free the news of gruesome de- concurrence of the House is requested: There was no objection. tails which only burn the imaginative S. Con. Res. 28. Concurrent resolution con- memory. gratulating the City of Chicago for being f Instead, Lord, strengthen us to chosen to represent the United States in the choose life and compassion, that we international competition to host the 2016 ANNOUNCEMENT BY THE SPEAKER may be bold enough to hear the confes- Olympic and Paralympic Games, and encour- The SPEAKER. The Chair will enter- sions that come from prisons, con- aging the International Olympic Committee tain requests for ten 1-minute speeches centration camps, and college cam- to select Chicago as the site of the 2016 on each side. puses. In their lonely stories, Lord, Olympic and Paralympic Games. The message also announced that help us to see part of ourselves, for we f are united in You, now and forever. pursuant to Public Law 96–114, as Amen. amended, the Chair, on behalf of the Republican Leader, appoints the fol- SUPREME COURT DECISION TO UP- f lowing individual to the Congressional HOLD THE FEDERAL ABORTION THE JOURNAL Award Board: BAN The SPEAKER. The Chair has exam- The Senator from Georgia (Mr. (Mrs. MALONEY of New York asked ined the Journal of the last day’s pro- ISAKSON). and was given permission to address ceedings and announces to the House The message also announced that the House for 1 minute.) her approval thereof. pursuant to section 154 of Public Law Mrs. MALONEY of New York. Madam Pursuant to clause 1, rule I, the Jour- 108–199, the Chair, on behalf of the Ma- Speaker, the Bush administration has nal stands approved. jority Leader, appoints the following gotten what they wished for. The Su- f Senator as Chairman of the Senate preme Court has upheld a ban on a Delegation to the United States-Russia medical procedure for women without a PLEDGE OF ALLEGIANCE Interparliamentary Group conference health exception, thereby reversing The SPEAKER. Will the gentleman during the One Hundred Tenth Con- four decades of rulings supporting a from Colorado (Mr. SALAZAR) come for- gress: woman’s right to choose. ward and lead the House in the Pledge The Senator from Nebraska (Mr. Women who face serious health con- of Allegiance. NELSON). sequences have lost their right to the Mr. SALAZAR led the Pledge of Alle- The message also announced that safest procedure available. Politicians giance as follows: pursuant to section 154 of Public Law have taken the place of doctors.

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

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VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3564 CONGRESSIONAL RECORD — HOUSE April 19, 2007 Women have become a pawn in the Gallantry at the risk of his life and minute and to revise and extend his re- hands of right-wing conservatives. above and beyond the call of duty as a marks.) On my Web site, I keep a listing of all Platoon Commander.’’ Mr. KUCINICH. Mr. Speaker, the the ways this administration has Although painfully wounded by frag- American people want the war in Iraq chipped away at a woman’s right to ments from an enemy mortar shell, to end and the troops to be brought choose, but yesterday they used a Second Lieutenant Murphy steadfastly home. Why then is this House pre- sledgehammer. By upholding this ban refused medical attention and contin- paring to capitulate to the Bush White and disregarding years of precedent, ued to lead his men up the hill through House and let the war continue? We the Roberts court has shown not only a withering barrage of hostile mortar have learned that the Democratic com- its belief that women are second-class and small-arms fire. Wounded a second promise with the President is to make citizens, but also its potential to com- time, he again refused assistance. withdrawal timetables nonbinding. pletely overturn Roe. His resolute and inspiring leadership, We have the power to end the war We need to stand up to right-wing, exceptional fortitude and great per- now. We should not give the President conservative, extremist efforts and pro- sonal valor reflect the highest credit another dime for the war. We should tect the basic human rights of women. upon Lt. Col. Murphy and enhance the not permit this war to continue to go f finest traditions of the United States on. Yet this House passed a $97 billion military service. supplemental which gives the Presi- DANGEROUS WAR SUPPLEMENTAL Raymond Gerald Murphy was the dent money to keep the war going (Mr. WILSON of South Carolina 39th United States Marine to be award- through September of 2008, and then a asked and was given permission to ad- ed the Medal of Honor for Heroism in week later approved the President’s dress the House for 1 minute and to re- the Korean War. In addition to the budget for another $195 billion for Iraq vise and extend his remarks.) Medal of Honor, Lt. Col. Murphy was to keep the war going into 2009. And Mr. WILSON of South Carolina. Mr. awarded the Silver Star, Purple Heart, now we are talking about a nonbinding Speaker, for weeks the House has de- Korean Service Medal with two Bronze timetable for withdrawal. bated our strategy in Iraq and contin- Stars, the United Nations Service What is the difference between the ued funding for the war. In the midst of Medal and the National Defense Serv- Democrats and the Republicans on the this debate, the Democratic leadership ice Medal. war? Well, the Republicans do not want adjourned for a 2-week spring break. On Good Friday, Lt. Col. Raymond any timetables for withdrawal at all, Even today, we appear no closer to a Jerry Murphy died in the Veterans Ad- and the Democrats, well, the Demo- solution that will support our mission ministration nursing home in Pueblo crats want nonbinding timetables for and our troops and sustain an effective at the age of 77, Mr. Speaker, but his withdrawal. foreign policy. The Democrat leader- spirit and heroism will live forever. f ship of both Chambers has indicated its f desire to move their message of defeat. PARTIAL BIRTH ABORTION OVERHAUL OUR CUMBERSOME Fortunately, President Bush is stand- RULING TAX SYSTEM ing by his commitment to veto the bill (Mr. PITTS asked and was given per- and promote our mission for victory in (Mr. SALI asked and was given permission to address the House for 1 Iraq, to protect American families. mission to address the House for 1 minute and to revise and extend his re- Al Qaeda has stated Iraq is the cen- minute and to revise and extend his remarks.) tral front in the war on terrorism. marks.) Mr. PITTS. Mr. Speaker, yesterday’s Osama bin Laden has characterized Mr. SALI. Mr. Speaker, under Demo- Supreme Court decision to uphold a Iraq as the ‘‘third world war.’’ With- crat leadership, the year 1993 witnessed ban on partial birth abortion has been drawing from Iraq will not end the the greatest tax increase in American a long time coming. Opinion polls have global war on terrorism. history, until recently. Just 3 months long shown overwhelming opposition to I have confidence in our military into this new Congress, the Democrats this gruesome and horrific procedure, leaders, who should not be microman- have shown their vision for America and in response, Congress acted to ban aged by Congress. Yesterday, Admiral with a more than $400 billion budget in- partial birth abortion, passing the ban William Fallon testified effectively crease, an increase which can only be two times during the Clinton adminis- that the new reinforcement course in paid for through a colossal scale of tax- tration only to have it vetoed by Presi- Baghdad is producing positive results. ation that will reach nearly every dent Clinton both times. In 2003, Con- We will face the terrorists overseas or American. gress passed the ban again with bipar- again in the streets of America. The Federal Government has created tisan majorities in the House and Sen- In conclusion, God bless our troops, a monster. Today, our Tax Code and ate, and this time it was signed into and we will never forget September 11. regulations bulge at over 60,000 pages. I law by President Bush. f have yet to meet anyone who has read Unable to win through the demo- all of them. Americans pay billions of cratic process, proponents of abortion- TRIBUTE TO THE LATE RAYMOND dollars to accountants and financial on-demand took to the courts, and for G. MURPHY advisers just to comply with this lab- years their efforts delayed a final deci- (Mr. SALAZAR asked and was given yrinth of rules. More than 50 percent of sion, leaving unborn children without permission to address the House for 1 all taxpayers pay someone else to pre- protection from this gruesome proce- minute and to revise and extend his re- pare their tax returns. dure. marks.) Planning for the future is chal- Thankfully, yesterday’s decision ends Mr. SALAZAR. Mr. Speaker, I stand lenging enough without the added the uncertainty, and this ruling pro- today to honor the life of a great headache of complex taxes and con- tects America’s unborn children from a American. fusing deductions, not to mention the barbaric, grisly procedure that has no Lt. Col. Raymond Gerald Murphy was uncertainty of how taxes may change place in a civilized society. born on January 14, 1930, in Pueblo, from one year to the next. Congress Mr. Speaker, this is a win for the Colorado. He graduated from Pueblo has the moral responsibility to remove sanctity of human life and a win for Catholic High School and attended the obstacles it has created that punish American democracy. Fort Lewis Junior College in Durango, Americans who are simply working f then Adams State College in Alamosa. hard to achieve their dreams. After graduation, Jerry Murphy I encourage my colleagues in Con- TAX RELIEF FOR WORKING joined the Marine Corps Reserve and gress to overhaul our cumbersome tax CAREGIVERS entered Officers Candidate School. In system. (Mr. DONNELLY asked and was 1952, he was sent to Korea where he f given permission to address the House served with the 5th Marines, 1st Marine for 1 minute.) Division. WE SHOULD END THE WAR NOW Mr. DONNELLY. Mr. Speaker, I rise In February 1953, Raymond Gerald (Mr. KUCINICH asked and was given today in support of H.R. 1911, the Tax Murphy was cited for ‘‘Conspicuous permission to address the House for 1 Relief for Working Caregivers Act.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3565 In recent years, the rising costs asso- THE TRUTH FROM ATTORNEY rogance and hypocrisy that the Amer- ciated with caring for children and GENERAL ican people recognize, and they are aging parents have placed a significant (Mr. EMANUEL asked and was given watching. burden on many middle-class families. permission to address the House for 1 f Today, more than 16 million Americans minute.) THE CARNAGE IN IRAQ AND THE have joined the ranks of the new Mr. EMANUEL. Mr. Speaker, today SUPPLEMENTAL BILL ‘‘sandwich generation,’’ those working we will once again hear from the Attor- (Mr. CLEAVER asked and was given Americans who provide care for both ney General, Alberto Gonzales, on the permission to address the House for 1 their own children and for their aging prosecutor purge. When it comes to the minute.) parents. U.S. Attorney firings in public corrup- Mr. CLEAVER. Mr. Speaker, yester- Yesterday, I introduced legislation to tion cases, we have heard plenty of dif- day, as military leaders were on the provide more tax relief for working ferent explanations from the Attorney Hill explaining how well things were families who provide dependent care General and his associates. moving in Iraq, news outlets were re- for their children or parents. What we have not heard is the simple porting that 171 human beings were My legislation does two things. First, truth. We know many of the fired U.S. killed at a Baghdad market. The car- it would extend the full benefit of the Attorneys were pursuing public corrup- nage seems to have no end, even as we dependent care tax credit to allow tion cases. Contrary to the administra- see endless U.S. troops shipped into an more middle-class families to receive tion’s earlier assertion, we know the Iraqi shooting gallery. tax relief for the child and elder care decision to fire these prosecutors This Congress has approved a supple- expenses they must incur in order to reached the highest levels of governmental bill which provides everything work. ment in the administration and in- the President requested and more. In Secondly, the bill expands the credit volved Members of Congress and Re- fact, the bill provides plentifully, but to include all older dependent parents, publican Party officials. So this admin- appropriately, for the wounded who re- not just those who live with the tax- istration either originally hired incom- turn home every month. payer. This makes it easier for families petent U.S. Attorneys in the first The hope is that the President will to care for their loved ones, while pro- place, or hired competent attorneys sign the supplemental as the American viding the flexibility to maintain a liv- but incompetently fired them. public desires. Every opinion poll ing situation more suited to the fam- Which is it? Are the public corrup- shows that the American public wants ily’s unique needs. tion cases that implicate Members of this war to end. Sign the supplemental. Mr. Speaker, I ask for support for their own party off limits in the Bush this legislation. Justice Department? Is this blind jus- f tice? Democrats have been asking LIFE IS WINNING IN AMERICA f these questions for months and for (Mr. PENCE asked and was given per- months, and we have been consistently mission to address the House for 1 b 1015 told other stories. Now the time for minute and to revise and extend his re- misdirection is over. Today we will de- marks.) mand and seek the truth. MARK LUNSFORD—TRUCK DRIVER Mr. PENCE. Mr. Speaker, despite the AND DADDY f best efforts of the abortion rights movement, 34 years since Roe v. Wade, THE CONSTITUTION AND THE (Mr. POE asked and was given per- more Americans embrace the sanctity DISTRICT OF COLUMBIA mission to address the House for 1 of life than ever before. Yesterday, minute.) (Mr. PRICE of Georgia asked and was thanks to the leadership of the Repub- Mr. POE. Mr. Speaker: ‘‘Just a truck given permission to address the House lican Congress and this Republican driver and a daddy’’ is how Mark for 1 minute.) President, the United States Supreme Lunsford described himself before Feb- Mr. PRICE of Georgia. Mr. Speaker, Court echoed that moral awakening. ruary 24, 2005. However, that night for- article I, section 2 of the Constitution I rise to commend the United States ever altered the course of his own life. states that ‘‘the House of Representa- Supreme Court for affirming, in a 5–4 A convicted sex offender snuck into the tives shall be composed of Members decision, the constitutionality of the Lunsford home and kidnapped Mark’s chosen every second year by the people ban of the barbaric procedure that has 9-year-old daughter, Jessica. For 3 of the several States.’’ It goes on to come to be known as partial birth weeks, Mark pled to the American pub- say: ‘‘No person shall be a representa- abortion. I commend President Bush lic for Jessica’s safe return, to no avail. tive who shall not, when elected, be an for signing the bill, my colleagues on A sex offender was captured, con- inhabitant of that State in which he both sides of the aisle who supported fessed to the kidnapping, sexually as- shall be chosen.’’ it, and Congressman STEVE CHABOT of saulting, and killing Jessica by bury- Mr. Speaker, in spite of the Constitu- Ohio, its principal author. ing her alive. Mark’s mission to pro- tion and what it says today, this new Life is winning in America. In big tect our Nation’s children from these majority will pass a bill to provide a cities and small towns, American predators became his life’s ambition. vote, by law, not constitutional amend- women are listening and learning. It’s Using the local and national media, ment, a vote in this House for the dele- not a choice; it’s a baby. American Mark has raised the awareness and the gate from the District of Columbia. women are choosing life as never be- need to strengthen the laws to keep sex Now, I support, strongly, voting fore. offenders from harming our kids. He rights for residents of D.C. The proper To all who labor in the cause of life, has traveled from State to State cam- way to do that, the constitutional way, I say in the wake of yesterday’s deci- paigning for Jessica’s Law, which in- is to return residential area in the Dis- sion, press on. Your labors on behalf of cludes harsher punishments for sex of- trict of Columbia to Maryland. It re- the unborn are not in vain. fenders. He was also instrumental in spects the supreme law of the land of f helping Congress pass the Adam Walsh the Constitution. Even the Democrat Child Safety Act, which tracks child chairman, Peter Rodino of the Judici- PRESIDENT BUSH SHOULD NOT molesters. ary Committee in the 95th Congress, VETO STEM CELL RESEARCH Last night, Congressman JIM COSTA said: ‘‘If the citizens of the District are LEGISLATION THAT WILL PRO- and myself, on behalf of the Victims’ to have voting representation in Con- VIDE REAL HOPE Rights Caucus, were pleased to honor gress, a constitutional amendment is (Ms. SHEA-PORTER asked and was Mark Lunsford, this daddy, this truck essential. Statutory action alone will given permission to address the House driver, for his commitment to our Na- not suffice.’’ for 1 minute and to revise and extend tion’s children. After all, children are So why would this new majority pass her remarks.) our greatest natural resource. a law so clearly violative of the Con- Ms. SHEA-PORTER. Mr. Speaker, And that’s just the way it is. stitution? Because they can. It’s an ar- President Bush has an opportunity to

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3566 CONGRESSIONAL RECORD — HOUSE April 19, 2007 provide real hope to millions of Ameri- suant to clause 2(b) of rule XVIII, declare the Mr. Speaker, for the purpose of de- cans who are suffering from debili- House resolved into the Committee of the bate only, I yield the customary 30 tating diseases, such as Alzheimer’s, Whole House on the state of the Union for minutes to the gentleman from Wash- consideration of the bill (H.R. 1495) to pro- Parkinson’s disease, multiple sclerosis, ington (Mr. HASTINGS). During consid- vide for the conservation and development of and cancer. All he has to do now is re- water and related resources, to authorize the eration of this resolution, all time consider his threat to veto this prom- Secretary of the Army to construct various yielded is for the purpose of debate ising legislation that has recently projects for improvements to rivers and har- only. passed the House. bors of the United States, and for other pur- b 1030 Here in the House we passed, in a bi- poses. The first reading of the bill shall be partisan manner, during the first 100 dispensed with. All points of order against Mr. Speaker, this rule permits the hours of Congress, legislation that consideration of the bill are waived except House to consider the Water Resources would increase the number of embry- those arising under clause 9 or 10 of rule XXI. Development Act of 2007. onic stem cells eligible for Federal General debate shall be confined to the bill The structured rule makes in order funding. The Senate, in strong bipar- and shall not exceed one hour equally di- six amendments. As yesterday’s debate vided and controlled by the chairman and in the Rules Committee demonstrated, tisan passion, did exactly the same. ranking minority member of the Committee Now it has arrived at the President’s on Transportation and Infrastructure. After Members on both sides of the aisle are desk. general debate the bill shall be considered focused on getting this bill to con- Last year the President vetoed stem for amendment under the five-minute rule. It ference and onto the President’s desk, cell legislation, the only issue he ve- shall be in order to consider as an original and this rule reflects that consensus. toed throughout his Presidency. We bill for the purpose of amendment under the Mr. Speaker, it has been well docu- have a real opportunity finally to solve five-minute rule the amendment in the na- mented that our country has not had a some of these debilitating diseases. ture of a substitute recommended by the WRDA bill in over 7 years. Seven years There are 100 million Americans wait- Committee on Transportation and Infra- is perilously close to an entire genera- ing for the President to say ‘‘yes.’’ I structure now printed in the bill. The committee amendment in the nature of a sub- tion passing without a national water urge him to reconsider. stitute shall be considered as read. All points resources policy being signed into law f of order against the committee amendment by a President. The bill made in order under this rule A REALITY CHECK ON THE IRAQ in the nature of a substitute are waived except those arising under clause 9 or 10 of rule authorizes nearly $14 billion for the SUPPLEMENTAL AND WHEN THE XXI. Notwithstanding clause 11 of rule construction of more than 700 water re- FUNDS ARE NEEDED XVIII, no amendment to the committee sources development projects and stud- (Mr. PALLONE asked and was given amendment in the nature of a substitute ies by the Army Corps of Engineers for shall be in order except those printed in the permission to address the House for 1 flood control, navigation, and environ- minute.) report of the Committee on Rules accompanying this resolution. Each such amend- mental restoration. Mr. PALLONE. Mr. Speaker, we keep Additionally, H.R. 1495 authorizes on hearing all of these doomsday sce- ment may be offered only in the order printed in the report, may be offered only by a hurricane recovery activities along the narios from the White House and our Member designated in the report, shall be gulf coast that would cost an estimated Republican colleagues about the emer- considered as read, shall be debatable for the $3 billion. Furthermore, the bill re- gency supplemental bill. It would be time specified in the report equally divided quires an external peer review for stud- nice if they would listen to the Presi- and controlled by the proponent and an op- ies of projects that would cost more ponent, shall not be subject to amendment, dent’s own defense Secretary, who said than $50 million. The bill also coordi- this week that our timelines are al- and shall not be subject to a demand for division of the question in the House or in the nates environmental analyses and ready creating positive results in Iraq. other permit processes among Federal Yet the President threatens to veto the Committee of the Whole. All points of order against such amendments are waived except and State agencies and authorizes envi- bill and says that the money is needed those arising under clause 9 or 10 of rule XXI. ronmental quality initiatives. In short, immediately. At the conclusion of consideration of the bill this bill today moves our country for- I think it’s time for a reality check. for amendment the Committee shall rise and ward. Fact: the nonpartisan Congressional report the bill to the House with such In my district of Sacramento, Cali- Research Service concluded last month amendments as may have been adopted. Any fornia, this WRDA bill is one of the that the Pentagon could maintain its Member may demand a separate vote in the most important pieces of legislation wartime operations well into July with House on any amendment adopted in the that will pass Congress this year. We funds they have already been provided. Committee of the Whole to the bill or to the Another fact: As of today, it’s only committee amendment in the nature of a have been waiting a long time for this been 73 days since the President sent substitute. The previous question shall be bill. Sacramento is the most at-risk considered as ordered on the bill and amend- his funding request to the Capitol. Last river city in this country for cata- ments thereto to final passage without inter- strophic flooding. Located at the con- year, the Republican-controlled Con- vening motion except one motion to recom- gress took 119 days to send the Iraq war fluence of the great Sacramento and mit with or without instructions. American Rivers, the Sacramento supplemental to the President, and yet SEC. 2. During consideration in the House the President never attacked the Re- of H.R. 1495 pursuant to this resolution, not- floodplain contains over 165,000 homes, publican-controlled Congress for sup- withstanding the operation of the previous over 488,000 residents, 1,300 government posedly holding up funding for our question, the Chair may postpone further facilities including the State capital, consideration of the bill to such time as may and businesses providing 200,000 jobs. It troops. be designated by the Speaker. President Bush should stop playing is the hub of a six-county regional politics with this emergency funding The SPEAKER pro tempore (Mr. economy that provides 800,000 jobs for bill so that we can finally move the SNYDER). The gentlewoman from Cali- 1.5 million people. war in Iraq in a new direction. fornia (Ms. MATSUI) is recognized for 1 A major flood along the American hour. River or the Sacramento River would f GENERAL LEAVE cripple this economy, and cost upwards PROVIDING FOR CONSIDERATION Ms. MATSUI. Mr. Speaker, I ask of $35 billion in direct property dam- OF H.R. 1495, WATER RESOURCES unanimous consent that all Members ages and likely result in a significant DEVELOPMENT ACT OF 2007 have 5 legislative days within which to loss of life. Ms. MATSUI. Mr. Speaker, by direc- revise and extend their remarks and to Sacramento has had major floods tion of the Committee on Rules, I call insert extraneous materials into the throughout its history, the last major up House Resolution 319 and ask for its RECORD. floods being in 1986 and 1997. We live immediate consideration. The SPEAKER pro tempore. Is there with a constant threat of catastrophic The Clerk read the resolution, as fol- objection to the request of the gentle- flooding. In my district, we understand lows: woman from California? the need and urgency for an over- H. RES. 319 There was no objection. arching water resources policy to pro- Resolved, That at any time after the adop- Ms. MATSUI. Mr. Speaker, I yield tect our homes, businesses, and fami- tion of this resolution the Speaker may, pur- myself such time as I may consume. lies. This bill, the projects and policies

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3567 it contains, goes a long way in address- tion on our highways and our rail sys- serve for the last 10 years on the Water ing my district and our country’s flood tems. Resources Subcommittee for Transpor- vulnerabilities. The coastal ports that receive the tation and Infrastructure. Over that Nationally, regions across the coun- river-barged goods and products are the period of time, I have watched as we try are starving for a Federal partner gateways to overseas markets and also have focused legislation to deal with in water resources policy. Our country need careful attention. The success of the amazing needs that face water re- is confronted with population growth, farmers and manufacturers throughout sources around the country. climate change and growing demands the Pacific Northwest depend on these Unfortunately, the legislation that on our water infrastructure. Our dis- ports being navigable and appro- we have passed through this House tricts across this country need this priately maintained. with strong support in recent Con- bill, and the Members in this Chamber Mr. Speaker, there are several provi- gresses has never been able to find its have repeatedly supported WRDA bills. sions in the Water Resources Develop- way into law. I think that with this In the 108th Congress, WRDA passed ment Act that are important to indi- legislation, we are able to find a way to the House by a vote of 412–8. In the viduals and communities that I rep- help break the impasse. 109th Congress, WRDA passed the resent in central Washington, and I I would like to speak to one of the House 406–14. There is a strong history would like to highlight those provi- elements that was in that legislation of support and bipartisanship for sions. that has been made in order by the WRDA bills. It is my hope that this Like the WRDA bill passed by the Rules Committee, an amendment that support continues and that we will House in the last Congress, I am par- I am offering along with my colleagues move forward on this very important ticularly pleased that the committee PETER WELCH and TOM PETRI to help work. has included language in the manager’s bring the Corps of Engineers into the I also want to congratulate and amendment to permit Corps of Engi- 21st century by updating the principles thank Water Resources and Environ- neer employees working at dams in the and guidelines under which it operates. ment Subcommittee Chair, EDDIE BER- Pacific Northwest to participate in Our amendment takes a step back NICE JOHNSON, and the full committee wage surveys that are conducted to de- from the politics and controversies termine their rate of pay. This impor- that have surrounded the Corps’ activi- chairman, JIM OBERSTAR, for their commitment to make this bill a pri- tant provision would allow these em- ties over recent years. In fact, there ority in the 110th Congress. ployees the same participation allowed has been some finger-pointing at the I strongly urge my colleagues to sup- to similar employees at dams in the re- Corps, but frankly, Congress itself is port this rule and final passage of the gion operated by the Bonneville Power part of the problem and can be part of underlying Water Resources Develop- Administration and the Bureau of Rec- a process that can help move this for- ment Act of 2007. lamation. This is a matter of fair and ward. These principles and guidelines are Mr. Speaker, I reserve the balance of equal treatment, and I appreciate the used for the formulation, evaluation, my time. committee agreeing with my request Mr. HASTINGS of Washington. Mr. on this matter. and implementation of water resources Speaker, I want to thank the gentle- This bill also includes language that projects. The current rules under which would allow the Corps to officially give the Corps operates have not been up- woman from California (Ms. MATSUI) credit to the Port of Sunnyside for dated since 1983. It seems hard to be- for yielding me the customary 30 min- funding it has invested to maintain lieve, given how important water re- utes, and I yield myself such time as I progress on its wetland restoration and sources are and how much we have may consume. wastewater treatment project. This learned about the science, about hy- (Mr. HASTINGS of Washington asked project is a creative initiative by the drology since 1983. and was given permission to revise and Port of Sunnyside to improve river Think about it for a moment. In 1983, extend his remarks.) habitat in the Yakima River, and pro- Ronald Reagan was President. We were Mr. HASTINGS of Washington. Mr. vide for greater economic growth in dealing with the movie ‘‘Return of the Speaker, in the 107th, 108th, and the the local community. This provision Jedi.’’ A year later, the 3.5-inch floppy 109th Congresses, the House considered ensures that the Port of Sunnyside disk was introduced, and IBM was soon and passed legislation to provide for gets proper credit for funds it invested to launch the first portable computer conservation and development of water as it works with the Corps to make this which weighed 30 pounds. Half the peo- and related resources, and to authorize project a reality. ple who work for me in my congres- the construction of various projects in Finally, this legislation lifts Corps sional office weren’t even born in 1983. order to improve rivers and harbors in restrictions on the development of sev- Every Member of the House is aware the United States. eral Port of Pasco properties. I am very how much has changed since 1983 in Unfortunately, differences could not hopeful that elimination of these flow- terms of technology, science, environ- be resolved with the other body, and age easements will allow beneficial mental policy, our national priorities, these bipartisan bills, therefore, did uses of this prime riverfront property and our understanding of water re- not become law. The legislation before to move forward for the betterment of sources. Yet, the Corps of Engineers us today mirrors legislation that was Pasco and the Tri-Cities. and the thousands of dedicated men approved by an overwhelming bipar- Mr. Speaker, we must keep our com- and women who work for them have a tisan majority of the House in the last mitment to sustain and enhance our planning process that has not kept up. Congress, and I am confident it will Nation’s water resource infrastructure, It was my privilege with the former enjoy large bipartisan support today. and that requires a regular review and head of the Corps, General Flowers, to Mr. Speaker, our Nation’s water re- updating of congressional direction to meet with representatives of all of the source infrastructure is critical to our the Corps of Engineers to ensure that planning agencies for the Corps across economy, transportation system, existing projects are maintained and the country. They understand the prob- power generation, flood control and en- that new needs are met. lems; they are striving to make some vironmental protection and restora- I am hopeful that this necessary leg- adjustments. We are still developing tion. This is especially true in my area islation will soon become law. projects, yet they are still working in the Pacific Northwest. Our region’s Mr. Speaker, I reserve the balance of under an umbrella that was based on major river, the Columbia River and its my time. principles and guidelines when James tributaries, is a great resource, one Ms. MATSUI. Mr. Speaker, I yield 8 Watt was Secretary of the Interior. that must be well managed and pro- minutes to the gentleman from Oregon This amendment is very simple. It di- tected. (Mr. BLUMENAUER). rects the Secretary of the Army to up- Hydroelectric dams provide clean, Mr. BLUMENAUER. Mr. Speaker, I date the principles and guidelines in low-cost, renewable power. These fa- appreciate the gentlelady’s courtesy in consultation with all the other Federal cilities also provide a system of locks permitting me to speak on this rule agencies that have a stake in the proc- that allow for the efficient transpor- and on this bill. ess, to work with the public to deal tation of tons of agricultural products I further appreciate what this rep- with what we have learned over the to coastal ports, which reduces conges- resents. It has been my privilege to last quarter of a century.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3568 CONGRESSIONAL RECORD — HOUSE April 19, 2007 This is a very important step on ad- time. I yield back the balance of my House the bill (H.R. 1905) to provide for the dressing criticisms from the National time. treatment of the District of Columbia as a Academy of Sciences, the OMB, the Ms. MATSUI. Mr. Speaker, I yield Congressional district for purposes of rep- Government Accountability Office, and myself the balance of my time. resentation in the House of Representatives, others. It does not impact any project and for other purposes. All points of order Mr. Speaker, I ask unanimous con- against the bill and against its consideration that currently is approved or under sent that, during consideration of H.R. are waived except those arising under clause way, none of the projects that are list- 1495 pursuant to House Resolution 319, 9 of rule XXI. The bill shall be considered as ed in the bill we have before us, but it amendment No. 1 printed in House Re- read. The previous question shall be consid- is going to help us change the process port 110–100 be modified by the modi- ered as ordered on the bill to final passage to get at the root of a long-term prob- fication I have placed at the desk. without intervening motion except: (1) one lem. The SPEAKER pro tempore. The hour of debate equally divided and controlled Passing the amendment will not Clerk will report the modification. by the chairman and ranking minority mem- delay any projects or tie the hands of The Clerk read as follows: ber of the Committee on the Judiciary; and (2) one motion to recommit. the Corps in any way. In fact, I am con- Modification to amendment No. 1 printed vinced that it will break the paralysis SEC. 2. Upon adoption of this resolution it in House Report 110–100: shall be in order to consider in the House the for projects in the future by making Strike the portion of the amendment bill (H.R. 1906) to amend the Internal Rev- sure they are structurally, fiscally, and proposing to insert section 5024. enue Code of 1986 to adjust the estimated tax environmentally sound. The SPEAKER pro tempore. Is there payment safe harbor based on income for the There are some projects around the objection to the request of the gentle- preceding year in the case of individuals country that have been delayed in re- woman from California? with adjusted gross income greater than $5 cent years due not just to funding, al- million. All points of order against the bill Mr. HASTINGS of Washington. Mr. though that is a serious issue, but due and against its consideration are waived ex- to lawsuits and other controversy. The Speaker, reserving the right to object, cept those arising under clause 9 or 10 of rule ones that I have looked at that have I would just yield to my friend from XXI. The bill shall be considered as read. The met bumps in the road were in this sit- California for an explanation on this. previous question shall be considered as or- uation in the main because they Ms. MATSUI. Mr. Speaker, there is a dered on the bill to final passage without in- Washington, D.C. aqueduct project that tervening motion except: (1) one hour of de- weren’t properly planned and ground- bate equally divided and controlled by the truthed, as they say; and they have inadvertently violates PAYGO. This modification strikes the provision from chairman and ranking minority member of stirred up unnecessary controversy in the Committee on Ways and Means; and (2) some instances. the bill. one motion to recommit. This amendment will make it easier Mr. HASTINGS of Washington. So it SEC. 3. (a) If either H.R. 1905 or H.R. 1906 to approve and construct good projects takes that provision that violates the fails of passage or fails to reach the question in the future. This amendment will PAYGO from the bill? of passage by an order of recommittal, then make it easier for the House and the Ms. MATSUI. It inadvertently vio- both such bills, together with H.R. 1433, shall Senate, which in the past have been at lates, so we struck it out. be laid on the table. loggerheads over principles of Corps re- Mr. HASTINGS of Washington. Mr. (b) In the engrossment of H.R. 1905, the Clerk shall— form. I think this is an area of common Speaker, I withdraw my objection. The SPEAKER pro tempore. Without (1) add the text of H.R. 1906, as passed by ground that will bring people together. the House, as new matter at the end of H.R. This amendment represents a fresh objection, the modification is accepted. 1905; break. It won’t solve all of the prob- There was no objection. (2) conform the title of H.R. 1905 to reflect lems of the Corps, that will await an- Ms. MATSUI. Mr. Speaker, this bill the addition of the text H.R. 1906 to the en- other day; but with this amendment, it is long overdue. Our country needs a grossment; gives us a chance at a new beginning comprehensive water resources policy, (3) assign appropriate designations to pro- for Congress to be positively involved and WRDA is the framework that can visions within the engrossment; and in these issues. meet this need. We have 7 years of (4) conform provisions for short titles with- We start by equipping the Corps with backlogged water projects that must be in the engrossment. (c) Upon the addition of the text of H.R. the latest science and analytic tools to addressed. There is a growing demand 1906 to the engrossment of H.R. 1905, H.R. bring them into the 21st century rather on our already overburdened water in- 1906 and H.R. 1433 shall be laid on the table. than tying their hands with out-of-date frastructure. The sooner we move for- SEC. 4. During consideration of H.R. 1905 or policies. ward on this bill, the sooner our com- H.R. 1906 pursuant to this resolution, not- I strongly urge that each of my col- munities across the country will be withstanding the operation of the previous leagues join with me in supporting our healthier and safer. question, the Chair may postpone further amendment, which is endorsed by I urge a ‘‘yes’’ vote on the previous consideration of either bill to such time as Clean Water Action, Taxpayers for question and on the rule. may be designated by the Speaker. Commonsense, Republicans for Envi- Mr. Speaker, I yield back the balance The SPEAKER pro tempore. The gen- ronmental Protection, the National of my time, and I move the previous tleman from New York (Mr. ARCURI) is Audubon Society, Friends of the Earth, question on the resolution. recognized for 1 hour. American Rivers, the National Wildlife The previous question was ordered. Mr. ARCURI. Mr. Speaker, for pur- Federation, Environmental Defense, The resolution was agreed to. poses of debate only I yield the cus- the League of Conservation Voters, the A motion to reconsider was laid on tomary 30 minutes to the gentleman American Society of Civil Engineers, the table. from Texas (Mr. SESSIONS). All time the people who are charged with mak- f yielded during the consideration of the ing these projects work. rule is for debate only. I deeply appreciate the progress that PROVIDING FOR CONSIDERATION GENERAL LEAVE this represents in bringing us forward. OF H.R. 1905, DISTRICT OF CO- Mr. ARCURI. Mr. Speaker, I ask I appreciate the Rules Committee mak- LUMBIA HOUSE VOTING RIGHTS unanimous consent that all Members ing it in order, and look forward to ACT OF 2007 AND PROVIDING FOR have 5 legislative days within which to being able to carry this amendment to CONSIDERATION OF H.R. 1906, ES- revise and extend their remarks and in- the floor, hopefully for its approval, TIMATED TAX PAYMENT SAFE sert extraneous materials into the and being able to break the impasse HARBOR ADJUSTMENT RECORD. surrounding water resources projects. Mr. ARCURI. Mr. Speaker, by direc- In the aftermath of the tragedy we The SPEAKER pro tempore. Is there tion of the Committee on Rules, I call saw with Hurricane Katrina, with the objection to the request of the gen- up House Resolution 317 and ask for its flooding that has occurred in the tleman from New York? immediate consideration. Northeast just in recent days, this leg- There was no objection. The Clerk read the resolution, as fol- islation is more important than ever. Mr. ARCURI. Mr. Speaker, I yield lows: myself such time as I may consume. b 1045 H. RES. 317 Mr. Speaker, House Resolution 317 Mr. HASTINGS of Washington. Mr. Resolved, That upon adoption of this reso- provides for consideration of H.R. 1905, Speaker, I have no more requests for lution it shall be in order to consider in the the District of Columbia House Voting

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3569 Rights Act of 2007, and H.R. 1906, a di- Constitution clearly enumerates the Last month, when this unconstitu- rect spending offset bill. powers of Congress. And among the tional bill was first brought to the Mr. Speaker, this Nation was built powers listed, article I, section 8 states House floor, the Democrats sunk to an upon the principle that it is patently that Congress shall have the power to unprecedented new low by pulling the unjust to require free men and women exercise exclusive legislation in all legislation from the floor just before it to pay taxes to a government within cases whatsoever over the District of passed the House, using a provision which they have no direct involvement; Columbia. Article I, section 8 also gives that was intended to give the Speaker a principle so important that the Congress the power ‘‘to make all laws flexibility in scheduling votes, not to Founding Fathers knew if they were which shall be necessary and proper’’ give her an escape valve when things unsuccessful they would become out- to execute the enumerated powers. were not going her way. laws and probably forfeit their lives. Further, in 1790, Congress passed the b 1100 The fact that approximately 600,000 Residence Act, giving residents of the U.S. citizens live under taxation with- new District of Columbia the right to Today, the Democrats seem com- out representation within the United vote. Since the Capital was still being mitted to outdoing that shameful ef- States today is repugnant to our very established, citizens were allowed to fort by waiving the ‘‘Pay-For’’ rules notion of democracy. How can the continue voting in their States, Mary- that they imposed on this House floor United States deny democracy in its land and Virginia. Congress then took just less than 4 months ago, after com- Capital while it promotes democracy that right away by statute in 1800 when mitting themselves to honor their abroad? the Federal Government assumed con- pledge to increase taxes on the Amer- These citizens pay billions of dollars trol of the District. In the political ican public every time they increase in Federal taxes, have sacrificed their battles that followed, District resi- spending. lives in Iraq and other wars since the dents were denied a vote in Congress. They have also split the bill into two American Revolution. Now, certainly, if Congress can grant pieces, one that tries to skirt the Con- However, when you look at the text the right and then remove that right stitution and one that skirts their own of the 16th amendment to the U.S. Con- by statute, so too can it reinstate the ‘‘Pay-For’’ rule, all in the name of pre- stitution, which states, ‘‘The Congress right by statute if it so chooses. venting the minority from offering the shall have the power to lay and collect In the landmark Supreme Court case popular notion that a majority of the taxes on incomes, from whatever McCulloch v. Maryland, Chief Justice House was on the brink of passing just source derived, without apportionment John Marshall said: ‘‘Let the end be le- weeks ago. among the several States, and without gitimate, let it be within the scope of And as if the process that brings us regard to any census or enumeration,’’ the Constitution, and all means which here today weren’t bad enough, there is you might ask yourself: Since there is are appropriate, which are plainly little to celebrate in this deeply flawed no mention of the District of Columbia adapted to that end, which are not pro- underlying bill, the same words that in this amendment, and it only refers hibited but consistent with the letter the constitutional scholar and law pro- to ‘‘the several States,’’ then how is it and spirit of the Constitution, they are fessor Jonathan Turley has called ‘‘the that D.C. residents are required to pay constitutional.’’ most premeditated unconstitutional Extending full representation in the Federal income taxes? act by Congress in decades’’ either. The answer is that Congress, by stat- House to residents of the District of Thankfully, President Bush has made ute, specifically, enacted the District Columbia is a legitimate end. It is it clear that this cynical political exer- of Columbia Income and Franchise Tax within the scope of Congress’ power to cise is destined for his veto pen, if it exercise exclusive legislation in mat- Act of 1947, which imposed Federal in- even makes it that far. ters concerning the District of Colum- come taxation on the residents of the My opposition to this matter stems bia and consistent with not only the District of Columbia. from its incompatibility with a pretty And when the law was challenged in letter of the Constitution, but also the basic foundation of American govern- spirit in which the Constitution was the courts in 1970 in the case of ment: the Constitution. Section 2 of ar- written by the Founding Fathers, that Breakefield v. D.C., the U.S. Court of ticle I clearly states that ‘‘The House ‘‘taxation without representation is Appeals for the District of Columbia of Representatives shall be composed tyranny.’’ of Members chosen every second year Circuit upheld both the tax and Too much time has passed. Every day by the People of several States.’’ And Congress’s constitutional authority to that we fail to act is one more day that as any fourth grader in the country can levy it. Further, the Supreme Court we deny democracy. It is time to cor- tell you, Washington, D.C., is simply later denied even to hear the appeal. rect this grave injustice and provide not a State. There is simply no one This is taxation without representa- the citizens of the District of Columbia that has moved into or lives in Wash- tion at its worst, and it is completely the same rights afforded to every other ington, D.C., that thought that they undemocratic. Furthermore, what is citizen in this great Nation. Our ac- clearly evident from the Court’s review tions today will do just that. would be given this ability. Wash- of Breakefield is that if Congress can Mr. Speaker, I reserve the balance of ington, D.C., is not a State. levy taxes on D.C. residents without a my time. Supporters of this legislation will constitutional amendment, then surely Mr. SESSIONS. Mr. Speaker, I rise claim that the ‘‘District Clause,’’ Congress can give D.C. residents a full today for the second time in a month which gives Congress the power to leg- voting representative within the House in strong opposition to this closed rule, islate over our Nation’s seat, also gives of Representatives without a constitu- to these two closed amendment proc- Congress the power to grant D.C. a tional amendment. This notion that esses, and to the blatantly unconstitu- Member of Congress. But this same there is a binding precedent for Con- tional underlying measure that the clause makes it clear, by its very na- gress to legislate on all matters related Democrat majority is bringing to the ture, that Washington, D.C., is not a to the District of Columbia is further House floor today. State, which brings us back to the supported by decisions in such cases as I would like to say that I am sur- original problem of this bill’s being Tidewater, and Adams v. Clinton. prised by the lack of respect for regular completely unconstitutional. Our actions today would correct this order and procedural gimmickry that But don’t take my word for it. If the injustice by granting the citizens of the Democrats have used to bring this Democrat leadership won’t listen to our Nation’s Capital a full voting rep- rule to the floor today. Unfortunately, reason, one would hope that they resentative in the House of Representa- in what has become an all too familiar would at least listen to one of our tives. scenario in the Democrat Rules Com- Founding Fathers, Alexander Ham- Some of my colleagues have sug- mittee, respect for minority party ilton, who offered an amendment to the gested that the D.C. House Voting rights and regular order are, once Constitution that would have provided Rights Act is unconstitutional and again, being trumped by political expe- D.C. with a vote in the House. Unfortu- that we in Congress will be acting out- diency and the Democrat leadership’s nately, I know we all don’t know this, side the power enacting this bill. This willingness to abuse power for their but his amendment was defeated on is not true. Article I, section 8 of the own narrow political ends. July 22, 1788.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3570 CONGRESSIONAL RECORD — HOUSE April 19, 2007 But if neither my word nor the Con- been passed in prior occasions, the one, years to have a vote in the House of stitution nor the actions of our Found- in fact, with respect to requiring resi- Representatives. And we should not ing Fathers is good enough, I wonder if dents of the District of Columbia to make them wait one day more. the Democrat majority would be will- pay income tax, despite the fact that These residents live in the shadow of ing to listen to an equal branch of gov- the 16th amendment says that it is for our great Capitol, who pay taxes to our ernment, as they had an opinion on the residents of the States, indicates Federal Government, who serve in our this matter. In 2000, the Federal Dis- very clearly that the District of Co- military, who fight and die to protect trict Court in Washington, D.C., con- lumbia is not a State and, rather, that the very representative rights that we cluded that ‘‘the Constitution does not Congress has the authority and the have in this country, but yet we deny contemplate that the District may ability to make legislation with re- these citizens the right to have control serve as a State for the purposes of the spect to the District of Columbia. In over the laws that govern our country. apportionment of congressional rep- the Tidewater case, again Congress They have no Representative who can resentatives.’’ It seems pretty clear to came forward and said that diversity vote in this House of Representatives. me, but I guess not to every single jurisdiction applies to the District of This past Monday, Mr. Speaker, the Member of this body. Columbia even though it is not a State, residents of the District of Columbia So for a moment let us ignore my and clearly that was upheld by the Su- engaged in an act of grass-roots lob- word, the Constitution, the actions of preme Court. bying in its purest form. Thousands of our Founding Fathers, and the deci- So this is not without precedent. these unrepresented residents marched sions of the Federal judiciary. What This is something that Congress has down Pennsylvania Avenue to the Cap- would it mean if Congress simply gave done in the past because under article itol on the city’s annual Emancipation D.C. a seat in the House, rather than I, section 8, they have exclusive juris- Day, marking the day that slavery going through the necessary process of diction over the District of Columbia. ended in the District. They marched to passing a constitutional amendment, A couple of other points that I just the Capitol to ask this legislative body which was attempted in 1978 and failed? would like to respond to. My colleague to recognize and rectify the injustice Well, it would create a precedent that said that the majority just won’t listen that they experience every single day. Congress would give the District three to reason, and I can’t help but think They marched for the right to have a votes next year or they could perhaps that maybe that is what was said about say in this legislative body. These citi- give them 10. The way that this legisla- the Founding Fathers by the members zens, these students, these senior citi- tion is currently drafted, it gives the of parliament, that the people in Amer- zens, workers, activists, and church District two votes in the Committee of ica just won’t listen to reason. How members marched to have a vote. the Whole, more than any other voting dare they talk about being represented This is a Congress that respects the Member, as well as a vote in the House. just because we tax them? Constitution. And my respect for the But rather than discuss the facts or This issue is critical. We tax the peo- Constitution goes back to very early the logic of this approach, I suspect ple in the District of Columbia. They days. And one of the greatest things that supporters of this legislation will are citizens of the United States. They that I have ever received was recogni- come to the floor and talk about ‘‘fair- fight and they die in our wars. They tion, even in law school, by the Federal ness.’’ But I fail to see how it is fair to should be able to have a voting Member Bar Association for outstanding per- give Washington, D.C., super-represen- in Congress. formance in constitutional law. tation, two votes for amendments, or He also said that the majority has The Framers of our Constitution every voter in Utah an unprecedented sunk to an all-time low. I am very gave Congress the right to make laws two votes also, one for their Congress- troubled by that. If giving the right to concerning the District of Columbia, man and one for a new at-large Mem- vote to Americans, giving the right to and it is under the power of the Dis- ber, keeping the ‘‘one man, one vote’’ vote to people who live here in the Dis- trict clause of the Constitution that I principle in every other State. Perhaps trict of Columbia, in our capital, is join today in supporting the District of a Member on the Democrat side will be sinking to an all-time low, then that is Columbia Voting Rights Act. kind enough to come down to the floor where I want to be, because clearly This is long overdue. The last Con- and explain this logic to me; but I am that is what we should be doing. We gress earned the distinction of being not going to hold my breath. spend billions of dollars in other places called the ‘‘worse than the do-nothing Mr. Speaker, as Members of Con- in the world to ensure that citizens in Congress.’’ This is a Congress that is gress, we take an oath to uphold and other places in the world have the going to get the job done, and this is a protect the Constitution, not to tram- right to vote. We certainly should be Congress that is going to respect the ple on it. No matter what the sup- able to do that here in our own coun- Constitution. porters of this bill may claim to the try. Mr. SESSIONS. Mr. Speaker, at this contrary, the Constitution is not a caf- Mr. Speaker, I yield 4 minutes to the time I would like to yield 8 minutes to eteria. You cannot pick and choose gentlewoman from Ohio (Ms. SUTTON). the gentleman from San Dimas, Cali- which parts you are going to respect Ms. SUTTON. I thank the gentleman fornia, the ranking member of the and which ones you are going to ig- for yielding. Rules Committee (Mr. DREIER). nore. That is why our Framers, in their Mr. Speaker, this is a new Congress. (Mr. DREIER asked and was given infinite wisdom, created an orderly, This is a Congress with respect for the permission to revise and extend his re- lawful process for amending the Con- Constitution and the principles for marks.) stitution. And despite the best efforts which it stands. This is a Congress that Mr. DREIER. Mr. Speaker, I thank of the Democrat leadership, I am sure respects the underlying principle that my friend for yielding. that the Framers’ legacy to our coun- people in this country deserve the right I rise in the strongest possible oppo- try will prevail and will prevent this to be represented and to have a voice in sition to the rule, recognizing full well poorly drafted and ill-conceived meas- this great democracy of ours. that there are a wide range of views on ure from becoming law. Mr. Speaker, I rise today in support the constitutionality of this question. I urge each of my colleagues to reject of the rule and in support of this legis- I have listened to Mr. ARCURI, the this outrageous rule and the under- lation that is long overdue and which gentleman from New York, make his lying assault on the Constitution. will correct an anomaly in our democ- argument that he believes very much Mr. Speaker, I reserve the balance of racy, an anomaly which denies rep- in the right to representation, which I my time. resentation to approximately 600,000 obviously completely concur with. And Mr. ARCURI. Mr. Speaker, I thank residents of this country. the people of the District of Columbia, my colleague for his comments, but I Residents of the District of Columbia I think, are very ably represented here could not disagree with him more. have had to wait over 170 years to vote right now by our distinguished friend, First of all, this bill does not attempt in this country’s Presidential election. my Delegate who represents me very to create statehood for the District of They have had to wait for over 180 well, since I seem to spend more time Columbia. In fact, as I said just a few years for the right to exercise home here than I do in California, Ms. ELEA- moments ago, the legislation that has rule. They have had to wait for over 200 NOR HOLMES NORTON. But the fact is,

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3571 Mr. Speaker, as we look at this ques- Mr. DREIER. Yes. But the point is if, majority is looking at, and they are tion, Thomas Jefferson was the one for the first time ever, this rule actu- doing it simply to subvert the will of who said ‘‘Two thinking men can be ally takes a motion to recommit, Mr. this House. given the exact same set of facts and Speaker, and it basically submits it to And with that, Mr. Speaker, I’m draw different conclusions.’’ be laid on the table potentially, the bill happy to yield to my friend. b 1115 to be laid on the table, therefore pre- Mr. ARCURI. Thank you, sir. venting the House from having the op- This rule ensures that neither of the And so I recognize that there are portunity to work its will, never before two bills can achieve passage in the some who come down on the side of be- in the history of this institution, Mr. House without being subject to a mo- lieving that it is constitutional for us Speaker, has this kind of sleight of tion to recommit. Now, you talk about to proceed with this. I read the Con- hand been used. We know, Mr. Speaker, fairness. My colleague talks about fair- stitution in a little different way. why it is that we are here considering ness, and he believes in fairness as we When I see those two words, the ‘‘sev- this measure again. It is very simply all do. But that is what this bill is eral States’’ as being the criterion for due to the fact that a bipartisan major- about; this bill is about fairness. representation here, or at least one of ity, Republicans leading with Demo- Mr. DREIER. If I could reclaim my the criteria for representation here in crats voting along in support of the time, since I’m managing the time the House of Representatives, it says motion to recommit on this bill, led to here, Mr. Speaker, I could reclaim it by to me that there need to be changes to what is clearly sleight of hand, under- saying I have already spoken about the the U.S. Constitution if in fact we are fact that I recognize Mr. ARCURI’s be- going to proceed with the action that mining the long-standing tradition. We, as the minority, on 47 different lief that this is a constitutional bill, the majority in this House, the major- occasions in the years leading up to and I share his commitment to fairness ity leadership in this House, wants to our winning the majority in 1994, were of the bill itself. take on. I am not here talking about the bill. So I recognize that there are dis- denied the opportunity have a motion I am here talking about the procedure, parate views on this, Mr. Speaker. The to recommit. We were denied that time which is blatantly unfair, that is un- thing that troubles me most is the pro- and time again, Mr. Speaker. Not every dermining the opportunity for this cedure around which we are consid- time, but we were often denied it. House to work its will on this issue. ering this measure. And what I would So that is the reason that we made a like to do, I would like to engage my decision when we won the majority in When I yielded to the gentleman, it good friend from New York, Mr. 1994 that we were going to guarantee was to talk about our procedure here. I that the minority had a right to offer a think that it is very, very unfortunate ARCURI, the manager of the rule, in a colloquy, if I might, just to consider motion to recommit, at least one bite that for the first time in the over 200- this procedure around which we are at the apple, and in most cases a sub- year history of this institution, we are going to be debating this question. stitute; so at least two bites at the going to be taking this very precious Actually, from what I can tell, in our apple in most cases. But we very, very right of a motion to recommit and kill- analysis of this rule, we are blazing firmly made that commitment to the ing legislation. completely new ground here when it motion to recommit. With that, Mr. Speaker, I thank my comes procedurally to this institution. Now, what is it that’s happened? We friend for yielding. I have heard a lot of criticism over the lost the majority in last November’s Mr. ARCURI. Mr. Speaker, my col- years of the tenure that I had as chair- election. league, again, talks about fairness, and man of the Rules Committee, and one Mr. ARCURI. Will the gentleman fairness is why we are here today. of the points that I would like to make yield? He talks about what we are trying to is it wasn’t really about what we did, Mr. DREIER. I will yield in just a do today. What we are trying to do is but it was about promises that were moment when I am done with my give the residents of the District of Co- made about fairness, promises that statement. I know the gentleman has lumbia their long overdue right to were made about the way every Mem- plenty of time. I look forward to yield- vote. That is why we are here today. ber of this House, Democrat and Re- ing to the gentleman, but I would like The procedure that we are following is publican, was going to have an oppor- to explain why it is that we’re here and fair, it is just, and the important thing tunity to participate. how outrageous this rule is. for us to remember is why we are here, So the question that I have is, I know What happened last November, when and that is to give the right to vote to that under regular order, if the House we lost the majority, we got ourselves the residents of the District of Colum- agrees to a straight motion to recom- in a position where we figured, gosh, bia. mit the bill to the committee, or such we will have only one bite at the apple, Mr. Speaker, I yield 9 minutes to the a motion with instructions that the only one opportunity to allow the ma- gentlewoman from the District of Co- committee promptly report it back jority of the House to come together lumbia (Ms. NORTON). with an amendment, the bill then, and address these issues. And what Ms. NORTON. I thank the gentleman when that motion to recommit pre- happened, Mr. Speaker? What happened for yielding. I thank the gentleman for vails, does in fact go back to the com- is very clear. On seven occasions so far his strong advocacy for the rights of all mittee and it must naturally assume in the 110th Congress, the House has Americans. that the committee will follow the worked its will. A bipartisan majority I must begin by saying when you House’s instructions. And I wonder if of Republicans and Democrats came to- hear people come to the floor and in- the gentleman could tell me if that is gether and succeeded in passing mo- voke the word ‘‘fairness’’ in a debate in fact going to be the case under our tions to recommit, including on a Dis- where they oppose the basic right to consideration of this rule that we are trict of Columbia bill that we are ad- vote, they drain that word of all of its going to be voting on, the one that we dressing here. meaning. are debating right now. So what is it that happened? Because Mr. Speaker, I would like to speak to Mr. ARCURI. The rule contains two of the fact that the Democratic major- the rule proper. I would like to offer motions to recommit, one for each bill. ity leadership, not a majority of the some thanks during this rule period. Mr. DREIER. The rule contains two House, but the majority leadership de- And I would like to say a word about motions to recommit, one for each bill. cided they did not want us to do this, Utah, our very strong partner about My question is whether or not the they have resorted to a procedure whom we hear little because they are success of a motion to recommit would which unfortunately creates a scenario so far away. in fact send this measure back to com- whereby if the House succeeds in pass- The other side, after the last vote on mittee, or would it in fact do some- ing a motion to recommit, the oppor- this bill, clucked that they had actu- thing that has never, ever been done tunity to have a bill laid on the table, ally stopped our people in the Nation’s before, based on my reading of the rule: which basically kills the bill com- Capital from getting a vote. Imagine Would it in fact kill the bill itself? pletely, is put before us. And I think, how that was received all around the Mr. ARCURI. If either bill is not Mr. Speaker, that that is a very, very world. Now they come to the floor with passed, then both bills are defeated. unfortunate precedent that the new the nerve to object to the procedure.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3572 CONGRESSIONAL RECORD — HOUSE April 19, 2007 Mind you, the substance is really what the idea originally came from the Re- We will pass this bill today. We will they are after. If in fact the District of publican side. When I was in the minor- put it in the hands of two Republican Columbia was a largely Republican ity, moved by his personal sense of Senators from Utah, Senators Hatch city, these Members would be on the right and wrong, Congressman TOM and Bennett, and there I believe it will floor arguing for voting rights for the DAVIS smartly and doggedly started us fare well, because the people of Utah District of Columbia just as the radical down the bipartisan path to equal want this vote, their vote, as much as Republican abolitionists gave us the votes for the District and for Utah. we want our vote. vote, which was then taken from us, Judiciary Committee Chair JOHN I ask, in testament to that, that two and gave us home rule. CONYERS, since his election in 1964, has editorials from the Salt Lake Tribune Mr. DREIER. Would the gentle- robustly argued that rights for D.C. be included for the RECORD. woman yield? residents must match their burdens. [From the Salt Lake Tribune, Mar. 13, 2007] HENRY WAXMAN, first as ranking mem- Ms. NORTON. I will not yield, sir. UTAH’S 4TH SEAT: ONE QUIBBLE ASIDE, NEW The District of Columbia has spent 206 ber, now as Chair, began leading a prin- BILL WOULD DO THE RIGHT THING years yielding to people who would cipled effort for equal rights for D.C. It’s back. A bill before Congress would give deny them the vote. I yield you no citizens long before I was elected to the District of Columbia its first voting ground, not during my time. You have Congress. member of the House of Representatives and had your say, and your say has been Utah Governor John Huntsman, and Utah its fourth seat in that body. We favor it that you think that the people who live the Utah delegation, Representatives because Utah’s rapidly growing population is in your capital are not entitled to a BISHOP, CANNON and MATHESON, forged entitled to a fourth seat. There are things vote in their House. Shame on you. a unique partnership on their under- about the bill that could be better, but the standing that Utah and D.C. residents overriding principles are right. The 600,000 Then they want an open rule. They people of the District of Columbia have a want an open rule so they can deny the felt the same sense of loss and should obtain these precious rights together. delegate in the House but she cannot vote on vote. The American people will have the floor, That’s a cruel irony in a nation nothing but praise for the Democratic b 1130 that fancies itself a beacon of republican de- leadership because the Democratic The local and national civil rights or- mocracy. leaders have found a way to observe That situation is an accident of constitu- ganizations formed themselves into a tional history. The founders fashioned D.C. two cardinal principles, the principle formidable D.C. voting rights coalition, most basic of all, the right to vote, yes, so that no state would have the advantage of led by D.C. Vote, which gave the effort, being the seat of the federal government. the principle of fiscal responsibility. organizational know-how and bound- But it is the states, under the Constitution’s Now, the Democrats could never have less dedication, and the Leadership language, that elect U.S. representatives and thrown the foul ball that was used to Conference for Civil Rights, which has senators. For more than 200 years, that cir- delay this bill, and the reason is, of carried D.C. voting rights as a major cumstance has denied the people of D.C. course, that the other side spent 12 civil rights cause for decades. votes in Congress. years building a deficit and didn’t ob- The official international human This bill would rectify that by treating D.C. as a congressional district for purposes serve the PAYGO rule, and so there rights entities abroad have gone on would have been no germaneness issue. of representation in the House. At the same record to ask the United States of time, it would increase the membership of I don’t think that was so smart. America to conform with international the House from 435 to 437. One seat would go The bill was open to an outrageous law by granting voting rights to the to D.C. The second would go to the next attempt to repeal our gun laws. We are citizens of its capital. My own col- state in line for another seat because of pop- a free people. We are entitled to have leagues of both parties, who passed this ulation growth, i.e., Utah. The reason for the same jurisdiction over our gun laws bill in committees by overwhelming this second provision is to preserve the exist- they have, and we are going to insist votes, 29–4, 24–5 and 21–13, especially ing partisan balance in the House. D.C. pre- on it. And the Democratic leaders did my Republican colleagues, have joined sumably will elect a Democrat. Utah pre- not bow to that trick. Instead, they sumably will elect a Republican. this effort for the District of Columbia Our major quibble with the bill, H.R. 1433, went back and found a way to keep to and for Utah out of principle. is that it would have Utah elect its new the principle of finally paying for what The District of Columbia’s four home member-at-large, that is, statewide, rather we do, as you should have done for rule mayors and city councils, particu- than by congressional district, until after more than 10 years. larly current Mayor Adrian Fenty and the 2010 census and reapportionment. We be- Mr. MCHENRY. Mr. Speaker, I ask City Council Chair Vincent Gray, and, lieve that is a mistake because it would those that are debating on the floor to most especially, the residents of this allow every Utah voter to vote for two mem- address their comments to the Speak- city, living and dead, have fought for bers of the House while every other voter in er, and that is according to House equal citizenship over the ages. the U.S. could vote for only one. rules. I ask you to enforce those rules. Today, we will get the vote I predict, Besides, the Utah Legislature last year created four equal congressional districts in The SPEAKER pro tempore. Mem- at least in the House. anticipation of an earlier version of this bill bers are advised to direct their com- Mr. Speaker, I give great praise to a which failed in the last Congress. ments to the Chair. State which is the most Republican The at-large proposal would spare Utah’s Ms. NORTON. I would be glad to do State in the Union for having unabash- sitting members of the House from running it. If the Member doesn’t want to face edly and continuously joined with us in special elections to fill the four new seats. me face to face, I will address the out of a deep sense of grievance of its While that is a real hardship in terms of Speaker, you will get the point. own, that its missionaries, temporarily fundraising, it would be worthwhile to pre- The SPEAKER pro tempore. Mem- abroad in the service of their church, serve the principle of equal representation. The quibble: The bill would have Utah bers are advised to direct their com- were not counted in the last census, elect its new member at large, that is, statements to the Chair. and, thus, the State was deprived of a wide, rather than by congressional district, The gentlewoman is recognized. seat that they believed they were enti- until after the 2010 census and reapportion- Ms. NORTON. Mr. Speaker, for more tled to. ment. than 4 years, thousands of Americans I would like to quote Governor John and others around the world have Huntsman, the Governor of the State, [FROM THE SALT LAKE TRIBUNE, DEC. 7, 2006] sought this bill and contributed ideas, who came and said, ‘‘I have not exten- CAPTIVE CAPITAL: NO CONSTITUTIONAL BAR TO time and effort, beginning with Speak- sively studied the constitutionality of D.C. REPRESENTATION er NANCY PELOSI, who added to her long the D.C. House Voting Rights Act, but How can it be unconstitutional to give and unequivocal push for full rights for I am impressed and persuaded by the some 600,000 American citizens—tax-paying, District citizens, her personal atten- scholarship represented. The people of military-serving citizens literally living in tion and intervention when it counted Utah have expressed outrage over the the shadow of the Capitol dome—the right to most to move this bill forward. And loss of one congressional seat for the vote for some representation in Congress. Only a tortured, neocolonial reading of the majority leader STENY HOYER, whose last 6 years. I share their outrage. I Constitution would conclude that we should outspoken dedication to our rights can’t imagine what it must be like for exclude the people who live in the Federal overcame procedural malevolence to American citizens to have no represen- City from the representation that all other bring today’s bill forward. However, tation for over 200 years.’’ Americans take for granted.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3573 OK, so that’s the reading that has carried I said to Mr. ARCURI, Mr. Speaker, motion is laid on the table, never be- the day for 200 years. That doesn’t make it that I believe there can be recognition fore in the history of this institution, right. that there are diverse views on this Mr. Speaker, has this been done. A last-gasp effort to stick to that think- question. I have come down on the side So I have to say that we have an ing, if it hadn’t quickly died on the floor of the Utah House Monday, could have jeopard- of recognizing that those words in the equal passion for our commitment to ized the deal to give Utah its well-deserved Constitution, ‘‘the several States,’’ the precedents and the responsibility of fourth seat in Congress by denying the quid mean that if we are going to do this, the greatest deliberative body known pro quo of the first-ever seat for the District we should do it through a different to man; and for that reason, Mr. of Columbia. route than the one that we are pur- Speaker, we are troubled with the pro- The deal is dead for now anyway, lost in suing. cedure around which we are about to the crush of last minute, lame-duck congres- Ms. NORTON. Mr. Speaker will the move ahead with this very important sional business. The Utah Legislature’s ap- gentleman yield? debate. proval of four prospective congressional districts still matters, though, as the issue may Mr. DREIER. I am happy to yield to Mr. ARCURI. Mr. Speaker, I yield 3 arise next year. my friend, the gentlewoman from the minutes to the gentlewoman from the Either way, people who claim to live by District of Columbia. District of Columbia (Ms. NORTON). the U.S. Constitution should read past its Ms. NORTON. Mr. Speaker, I respect Ms. NORTON. Mr. Speaker, the gen- third paragraph. the gentleman, who indeed has, as al- tleman argues about an unprecedented Sticking to the notion that people in ways, given me and the city respect, procedure. What about the unprece- Washington can’t be represented in Congress and I know he understands what it dented procedure that the other side because they don’t live in one of ‘‘the several must be like to be in the Congress for used to delay this bill, sending the states’’ places text above meaning. Other constitutional provisions, ranging 17 years and come to the floor and see message around the world to delay this from the vague clause that gives Congress people debating your budget and your bill when it was delayed the last time? exclusive power over a federal district to the laws and you can’t even vote on them. This procedure is legal. Therefore, if equal protection and voting rights provisions I appreciate that the gentleman came you want to use procedure to stop the of the 14th and 15th Amendments, also mat- to the floor on procedural matters. If bill, you should say so. The fact is you ter. Read together, they leave little excuse the differences between the gentleman have raised a constitutional point. You for the taxation without representation that and me are on procedure, would not the are not a constitutional scholar, and D.C. residents have suffered almost since the better side of valor be to allow people no Member of this House is, even I, who beginning of the Republic. on both sides to understand that you was a constitutional lawyer. In arguing for an independent federal zone for the national capital, something that was favor voting rights; and if your prob- Therefore, when in doubt about thought necessary to ensure that no state lem is constitutionality, I am sure the something as precious as the right to would gain an unfair advantage over the oth- gentleman will understand that there vote, when the people we are talking ers by having the seal of federal power in its is a third branch of government who about have paid taxes and have gone to back pocket, James Madison’s Federalist No. can decide this matter for us both, par- war since the birth of the Republic, 43 simply took it for granted that the rights ticularly since he concedes that opin- surely we should err on the side of en- of that district’s inhabitants would be pro- ion on the constitutional question is couraging everybody to vote for the tected. They weren’t. bill, send it to the Senate, and let the A 2000 Supreme Court ruling held that the divided. situation was unfair to D.C. residents, but Mr. DREIER. Mr. Speaker, reclaim- one institution that can decide con- that the courts had no power to remedy that, ing my time, I will say that obviously stitutional questions, the Supreme it was up to Congress, with its exclusive it appears, and the gentlewoman has Court, make that decision. power over the District, to grant relief. already stated what she believes the Mr. DREIER. Mr. Speaker, will the Congress should still consider just that. outcome will be in this House; it be gentlewoman yield? Only 200 years late. will be in the hands of those two Sen- Ms. NORTON. I yield to the gen- Mr. SESSIONS. Mr. Speaker, we sim- ators of whom she just referred, and we tleman from California. ply are on the floor today to say that will see what happens, whether it is Mr. DREIER. I thank my friend for the means do not justify the ends. It within the first branch of government yielding. should be done properly and constitu- or within the third branch of govern- Mr. Speaker, let me just say the tionally; just as it was done in 1978, it ment. Obviously, the second branch of thing that is most troubling is the de- should be done today. We think the government will have a role in deter- cision to pull this bill was not a deci- way that the Democrat majority is mining this. sion made by the minority. It was doing this, to give super-voting powers The argument that I believe needs to made by the majority leadership when to the District of Columbia and to the be made, and Mr. SESSIONS just that happened before this break. The State of Utah, is unconstitutional. So I touched on this and has been arguing it reason that decision was made was make no apologies for standing up for throughout his management of this, that there was a sense that a majority the way I read the Constitution and the passion that is shown for the rights in this House, a majority in this House what I believe. of the District of Columbia are very, might have been supportive of that mo- Mr. Speaker, I yield such time as he very important, and the gentlewoman tion to recommit that we were about may consume to the gentleman from from the District of Columbia, Mr. to vote on. California (Mr. DREIER). Speaker, recognizes those and rep- Never before, never before had we Mr. DREIER. Mr. Speaker, I thank resents them extraordinarily well. seen, as general debate, as the debate my friend for yielding. But an equal passion for the Con- had been completed, all of a sudden the Mr. Speaker, let me just say at the stitution of the United States and, Mr. bill was pulled from the floor. outset that I am happy to yield to my Speaker, an equal passion for the job Ms. NORTON. Reclaiming my time, friend from the District of Columbia at that Mr. SESSIONS and I and Mr. it is certainly true that the vote was any time whatsoever, and I want to ARCURI and the other members of the delayed and it was legal to delay it. By once again praise her representation Rules Committee have for democracy delaying the vote, do you know what and the passion that she shows in her in this institution is something that is the leaders of this House did? They commitment to this issue. very, very important. saved the reputation of this House As I said, I spent a great deal of time I would say, Mr. Speaker, to my throughout the world. No one knows residing here in the District of Colum- friend from the District of Columbia, what would have happened. But no vote bia, and I feel she very ably represents who argues so strongly on behalf of the on guns occurred. the District of Columbia and I am need for representation here in the You don’t know what would have proud to have her as a colleague, Mr. House of Representatives for the Dis- happened. Speaker. trict of Columbia, that if we look at ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Now, let me say this. I feel that the this rule, which is subverting 200 years The SPEAKER pro tempore (Mr. passion that she has shown in arguing of precedent in this institution, by say- SNYDER). Members are reminded that in behalf of the legislation itself is ing that if a motion to recommit on ei- the rules require that comments be di- something that I recognize and revere. ther of these bills in fact prevails, the rected to the Chair, and Members

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3574 CONGRESSIONAL RECORD — HOUSE April 19, 2007 should not address one another in the tional reasons, and I would submit to Article I, section 2 of the Constitu- second person. the Delegate from the District of Co- tion states: ‘‘The House of Representa- Ms. NORTON. I can understand why lumbia that we all must make a judg- tives shall be composed of members the Members on that side don’t want to ment on the constitutionality of legis- chosen every second year by the people be spoken to directly. lation that we see before us on the of the several States.’’ It doesn’t say, Nobody knows what would have been House floor, and in that way, we must and the District of Columbia. It says: the result of that vote. The least of all be constitutional scholars and study it. the people of the several States.’’ who know is the other side. So, beyond that, let’s think about Mr. Speaker, I would suggest that One thing we do know is that it was what the Democrats are doing, Mr. that, along with the next paragraph a perversion. It would have been a per- Speaker. They are looking for a raw which states: ‘‘No person shall be a rep- version to even allow a vote about power grab. They not only want to add resentative who shall not, when elect- guns, a vote about guns that would another seat in Democrat hands to this ed, be an inhabitant of that State in have deprived the District of its own body, but they want to allow nonvoting which he shall be chosen.’’ It is clear right to decide the issue in order to de- delegates the ability to vote on this that this action will be unconstitu- cide whether it should have a vote. House floor. I think that is wrong and tional if it moves forward. The decision therefore to pull the bill unconstitutional, and I think the Even Peter Rodino, former Demo- was legal and the delay saved the prin- American people need to understand cratic Chair of the Judiciary Com- ciple that we should be voting on one what is happening here. It is a raw mittee in the 95th Congress, when con- basic right, the basic right that is be- power grab by the new Democrat ma- fronted with this issue said: ‘‘If the fore us today in the House Voting jority. citizens of a district are to have a vot- Rights Act. ing representation in Congress, a con- Mr. SESSIONS. Mr. Speaker, I yield 3 b 1145 stitutional amendment is essential. minutes to the gentleman from North Now, I think there are a lot of valid Statutory action alone will not suf- Carolina (Mr. MCHENRY). reasons for us to look at ways to allow fice.’’ Mr. MCHENRY. I thank my colleague the people in the District of Columbia So, Mr. Speaker, it is clear that this from Texas (Mr. SESSIONS) for yielding to vote for Congress and for Senate, the time. and I think the way to do that is to action that is being proposed by the Mr. Speaker, today we are engaged in cede that part of Maryland that is now majority party is indeed unconstitu- a very serious debate. It is a constitu- the District of Columbia back to the tional, and I would agree with the dele- tional debate. Having served on the State of Maryland for voting purposes. gate from the District of Columbia Government Reform and Oversight And if they truly seek to do what they that there is a body in our system of Committee, we actually passed this seek to do today, they could propose a government that will determine that. bill. I opposed it in committee on con- constitutional amendment which has That is the judiciary branch. I am stitutional grounds. I offered amend- previously been rejected. I urge us to hopeful that it will occur rapidly. ments to actually fix what I feel are vote down this rule. And I would be happy to yield to the constitutional problems in this legisla- Mr. SESSIONS. Mr. Speaker, at this delegate from the District of Columbia tion, and there are constitutional ways time I yield, with Mr. ARCURI’s concur- to see whether or not she would sup- to achieve what my colleague, the Del- rence, 4 minutes to the gentleman from port, along with this, a demand for an egate from the District of Columbia, Georgia (Mr. PRICE). expedited review of this legislation and seeks to do. Mr. PRICE of Georgia. Mr. Speaker, I would it move forward. There are constitutional ways to do thank the gentleman for yielding. And Ms. NORTON. I will support that, if that. Just as in the 19th century, the I am opposed to this rule for specific the gentleman will support this bill by part of the District of Columbia that reasons about the process and about voting for it on the floor. was part of Virginia was ceded back to the unique and unheard of change that Mr. PRICE of Georgia. Reclaiming the State of Virginia; likewise, the would state that if a recommital mo- my time, I thank the gentlelady for part of the District of Columbia that tion passes, that that is laid upon the supporting it because I think that is was Maryland could be ceded back for table. That strips completely the au- important. I think it is important that representation purposes to the State of thority of the minority to have input if this in fact moves forward, I am not Maryland. So there are constitutional into the process. And I would think, certain that it will move through the ways to achieve what the Delegate Mr. Speaker, that Members of the ma- other body, but if it does move forward, seeks to achieve. jority party would be ashamed. I would that it gets the expedited review that But the Constitution clearly provides think that that would be the appro- is so imperative for our Constitution to how Congressmen and Senators are al- priate course of action, and that they be followed appropriately. located, and they are allocated to the ought to rethink what they are doing. Ms. NORTON. Mr. Speaker, will the States. The District of Columbia was But I came down to the floor to talk gentleman yield? provided for. The District of Columbia about the substance of the bill, because Mr. PRICE of Georgia. I yield to the is a Federal city and it is not a State. I believe passionately in representa- gentlewoman from the District of Co- Presently, D.C. has a Delegate who tion. I believe passionately in the im- lumbia. votes in committee. Actually, under portance of members, of citizens, resi- Ms. NORTON. Has he agreed there- the new Democrat rules, they also vote dents of the District of Columbia to fore to support the bill when in fact the here on this House floor. I believe that have representation, voting representa- vote is taken? is unconstitutional as well. But what tion in this House. I believe passion- Mr. PRICE of Georgia. Mr. Speaker, this bill does is allow the District of ately in the Constitution. And I believe my oath tells me that I am not to sup- Columbia to keep that Delegate vote that those two beliefs are not mutually port anything that I believe to support and supplement it with another vote. exclusive. anything to be unconstitutional. I be- Now, what I would submit is that the There is a particularly appropriate lieve this bill to be unconstitutional. I new Democrat majority is trying to way to proceed, and that is through the also believe that others may have a dif- pad their numbers on this House floor. issue of retrocession, which as you ferent perspective, and I appreciate That is why they gave Democrats who know, Mr. Speaker, provides that that that, and that the place to decide that are nonvoting Members of this body portion of the District of Columbia is in the court. And I would hope that the ability to vote on the House floor. that has residents in it, citizens in it, we would have an expedited review. That is also why, I submit, that this could be moved back into the State of Mr. SESSIONS. Mr. Speaker, by Democrat majority is submitting this Maryland and thereby obtain appro- agreement, I believe Mr. ARCURI and I bill for approval on this House floor, priate representation. are going to be the final two speakers. and keeping not only the Delegate Mr. Speaker, I know that facts are He has agreed that I will offer my close vote, but adding another Democrat troubling things, and the supreme law and then yield back my time, and the vote to this House floor. of our land, the Constitution, requires gentleman will have the remaining I don’t oppose it for personal reasons. us to do certain things and one of them time. I oppose this legislation for constitu- is to follow the Constitution. Mr. ARCURI. Agreed.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3575 Mr. SESSIONS. Mr. Speaker, the mi- of Columbia, but it is important for the lose those rights. So when the seat nority believes that the means just residents of the entire country because moved over and it became the jurisdic- don’t justify the ends. We believe that it is about giving the right to vote to tion of the Congress, only the Congress there is a process for getting this done people who deserve it. And that is what could fulfill the mandate now that the constitutionally and appropriately. We our country was founded on and that is city was under its jurisdiction to grant believe the way the rule is written, we what we are all about. the city the right to vote. believe that the supermajority that In my closing, I would just like to We are asking for the right to vote this would give to Washington, D.C. mention several points that were dis- only in the House. And the Senate, two voting Members as well as a super- cussed in the previous debate, and one somebody would have had to appoint Delegate Member who would be from of them was brought up by my col- Senators at the time. So that could not Utah would violate the one man-one league from North Carolina. And I am have been done. vote clause. We believe that the way troubled by the fact that he is attempt- Mr. ARCURI. Mr. Speaker, this bill that this is written is wrong and not ing to talk about power grabs and talk- is, as I said, about fairness. They are correct, and we should not proceed ing about turning this issue into a po- talking about everything but what is under that matter. litical issue. This is not a political important. They are talking about Related to the gentlelady’s com- issue. It never has been. That is what every fact except the important fact, ments about us delaying tactics several the American people don’t want out of and that is that this bill is about giv- weeks ago, I find that curious because their Congress. They want debate on ing the right to vote to citizens of the we were following regular order rules, issues that are important to the peo- United States. That is what is impor- rules that had been established. And I ple. tant. find it interesting that regular order This is something that is important Nearly 600,000 citizens of Washington, would be called a delaying tactic. to all of America. It is important to D.C. have waited far too long for equal Mr. Speaker, I am asking Members to the residents of Utah, and it is impor- representation in this Chamber. They vote against the previous question so tant to the residents of the District of have sacrificed their lives defending that I might be able to offer an amend- Columbia. It is not about a power grab. this great Nation and paid their fair ment to the rule which would strike It is not about politics. And that is share of taxes. We have an opportunity the obvious attempt to nullify and what the American people don’t want to correct this grave injustice and pro- mute the minority’s ability to recom- to hear their Representatives in Con- vide to the citizens of our Nation’s mit a bill. gress talking about. They want to hear Capital the most important right of The provision says that if the minor- about why we support a bill. And the all, and that is the full right to vote. ity has a valid motion to recommit and reason that this bill is important, the I want to commend again the Dele- the majority of the House agrees to it, reason that this bill is critical is be- gate from Washington (Ms. NORTON) for the bill is tabled. The majority has cause it is constitutional. her tireless efforts that have brought taken away the House’s ability to send My colleague from Texas said that us here for this historic day. It is this something back to the committee for the end doesn’t justify the means, and type of passion and commitment that further consideration. I agree with him; the end cannot jus- further strengthens our democracy. I The distinguished majority leader tify the means. This bill is not about urge a ‘‘yes’’ vote on the rule and on has spent a great deal of time telling that. This bill is clearly constitutional. the previous question. Members in the press that the motion And I remind my colleague from The material previously referred to to recommit offered on March 22 would North Carolina that if he looks at why by Mr. SESSIONS is as follows: have killed the bill. Well, that just Congress originally set up the District AMENDMENT TO H. RES. 317 OFFERED BY REP. wasn’t true. It would have sent the bill of Columbia, it was because the capital SESSIONS OF TEXAS back to the committee. was in Philadelphia, and they were not Strike section 3. The egregious provision makes the able to do the kinds of things in Phila- minority leader’s wishes come true delphia that they wanted to because (The information contained herein was provided by Democratic Minority on mul- now. It causes any motion to recommit Pennsylvania was a sovereign State tiple occasions throughout the 109th Con- the bill other than a forthwith motion and they couldn’t tell the State of gress.) to effectively kill the bill. Why would Pennsylvania what they wanted done. THE VOTE ON THE PREVIOUS QUESTION: WHAT the Democrat majority want to limit So they came upon this idea to create IT REALLY MEANS the minority’s opinion in such a man- a district, a district which they would This vote, the vote on whether to order the ner? Would it be so that they might be have control over. That is why the Dis- previous question on a special rule, is not able to say with a straight face that a trict of Columbia was set up. That is merely a procedural vote. A vote against or- vote to recommit actually kills the why we are debating this bill today. dering the previous question is a vote bill? Mr. MCHENRY. Mr. Speaker, will the against the Democratic majority agenda and Mr. Speaker, I ask unanimous con- gentleman yield? a vote to allow the opposition, at least for sent that the text of the amendment Mr. ARCURI. I yield to the gen- the moment, to offer an alternative plan. It and the extraneous material be printed tleman from North Carolina. is a vote about what the House should be debating. just prior to the vote on the previous Mr. MCHENRY. The gentleman used Mr. Clarence Cannon’s Precedents of the question. my name in his speech, so I would cer- House of Representatives, (VI, 308–311) de- The SPEAKER pro tempore. Is there tainly like to yield for a question. scribes the vote on the previous question on objection to the request of the gen- So when the Founding Fathers cre- the rule as ‘‘a motion to direct or control the tleman from Texas? ated the District of Columbia, why consideration of the subject before the House There was no objection. then did they not grant the District of being made by the Member in charge.’’ To Mr. Speaker, I yield back my time. Columbia two Senators and a Member defeat the previous question is to give the Mr. ARCURI. Mr. Speaker, I would of this House? opposition a chance to decide the subject be- like to thank my colleague from Texas fore the House. Cannon cites the Speaker’s Mr. ARCURI. Mr. Speaker, I yield to ruling of January 13, 1920, to the effect that and my colleagues on the Rules Com- the gentlewoman from the District of ‘‘the refusal of the House to sustain the de- mittee for their spirited debate in this Columbia. mand for the previous question passes the issue. I would also like to thank my Ms. NORTON. When the Constitution control of the resolution to the opposition’’ distinguished colleague from the Dis- was written, first of all, Senators in order to offer an amendment. On March trict of Columbia for her leadership on weren’t popularly elected; they were 15, 1909, a member of the majority party of- this issue and her passion. She has appointed, not elected, number one. fered a rule resolution. The House defeated shown such incredible focus in terms of Number two, when the Constitution the previous question and a member of the what she feels and what she believes, was written there was a 10-year period opposition rose to a parliamentary inquiry, asking who was entitled to recognition. and it is contagious and I commend her during which the District essentially Speaker Joseph G. Cannon (R-Illinois) said: for it. had all the same rights it had always ‘‘The previous question having been refused, This is an issue that is not only im- had because the Framers guaranteed to the gentleman from New York, Mr. Fitz- portant to the residents to the District Maryland and Virginia they would not gerald, who had asked the gentleman to

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3576 CONGRESSIONAL RECORD — HOUSE April 19, 2007 yield to him for an amendment, is entitled to Dicks Larsen (WA) Rothman McHugh Putnam Smith (NJ) the first recognition.’’ Dingell Larson (CT) Roybal-Allard McKeon Radanovich Smith (TX) Because the vote today may look bad for Doggett Lee Ruppersberger McMorris Ramstad Souder Donnelly Levin Rush Rodgers Regula the Democratic majority they will say ‘‘the Stearns Doyle Lewis (GA) Ryan (OH) Mica Rehberg Sullivan vote on the previous question is simply a Edwards Lipinski Salazar Miller (FL) Reichert Tancredo vote on whether to proceed to an immediate Ellison Loebsack Sa´ nchez, Linda Miller (MI) Renzi Terry vote on adopting the resolution . . . [and] Ellsworth Lofgren, Zoe T. Miller, Gary Reynolds Thornberry Moran (KS) Rogers (AL) has no substantive legislative or policy im- Emanuel Lowey Sanchez, Loretta Tiahrt Eshoo Lynch Sarbanes Murphy, Tim Rogers (KY) plications whatsoever.’’ But that is not what Tiberi Etheridge Mahoney (FL) Schakowsky Musgrave Rogers (MI) they have always said. Listen to the defini- Turner Farr Maloney (NY) Schiff Myrick Ros-Lehtinen tion of the previous question used in the Filner Markey Schwartz Neugebauer Roskam Upton Floor Procedures Manual published by the Frank (MA) Matheson Scott (GA) Nunes Royce Walberg Rules Committee in the 109th Congress, Giffords Matsui Scott (VA) Paul Ryan (WI) Walden (OR) (page 56). Here’s how the Rules Committee Gillibrand McCarthy (NY) Serrano Pearce Saxton Wamp described the rule using information from Gonzalez McCollum (MN) Sestak Pence Schmidt Weldon (FL) Congressional Quarterly’s ‘‘American Con- Gordon McDermott Shea-Porter Peterson (PA) Sensenbrenner Weller gressional Dictionary’’: ‘‘If the previous Green, Al McGovern Sherman Petri Sessions Westmoreland Green, Gene McIntyre Sires Pickering Shadegg Whitfield question is defeated, control of debate shifts Grijalva McNerney Skelton Pitts Shays Wilson (NM) to the leading opposition member (usually Gutierrez McNulty Slaughter Platts Shimkus Wilson (SC) the minority Floor Manager) who then man- Hall (NY) Meehan Smith (WA) Poe Shuler Wolf ages an hour of debate and may offer a ger- Hare Meek (FL) Snyder Porter Shuster Young (AK) mane amendment to the pending business.’’ Harman Meeks (NY) Solis Price (GA) Simpson Young (FL) Deschler’s Procedure in the U.S. House of Hastings (FL) Melancon Space Pryce (OH) Smith (NE) Representatives, the subchapter titled Herseth Sandlin Michaud Spratt Hill Miller (NC) Stupak NOT VOTING—18 ‘‘Amending Special Rules’’ states: ‘‘a refusal Hinchey Miller, George Sutton Boehner Higgins Rohrabacher to order the previous question on such a rule Hinojosa Mitchell Tanner Brown, Corrine Israel Sali [a special rule reported from the Committee Hirono Mollohan Tauscher Cantor Lampson Stark on Rules] opens the resolution to amend- Hodes Moore (KS) Taylor Cubin Marshall Walsh (NY) ment and further debate.’’ (Chapter 21, sec- Holden Moore (WI) Thompson (CA) Davis, Jo Ann Millender- Wicker tion 21.2) Section 21.3 continues: Upon rejec- Holt Moran (VA) Thompson (MS) Engel McDonald tion of the motion for the previous question Honda Murphy (CT) Tierney Fattah Oberstar Hooley Murphy, Patrick Towns on a resolution reported from the Committee Hoyer Murtha Udall (CO) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE on Rules, control shifts to the Member lead- Inslee Nadler Udall (NM) The SPEAKER pro tempore (during ing the opposition to the previous question, Jackson (IL) Napolitano Van Hollen the vote). Members are advised there who may offer a proper amendment or mo- Jackson-Lee Neal (MA) Vela´ zquez tion and who controls the time for debate (TX) Obey Visclosky are 2 minutes remaining in the vote. thereon.’’ Jefferson Olver Walz (MN) Johnson (GA) Ortiz Wasserman b 1222 Clearly, the vote on the previous question Johnson, E. B. Pallone Schultz Mr. HUNTER and Mr. FERGUSON on a rule does have substantive policy impli- Jones (OH) Pascrell Waters cations. It is one of the only available tools Kagen Pastor Watson changed their vote from ‘‘yea’’ to for those who oppose the Democratic major- Kanjorski Payne Watt ‘‘nay.’’ ity’s agenda and allows those with alter- Kaptur Perlmutter Waxman Mr. CRAMER changed his vote from native views the opportunity to offer an al- Kennedy Peterson (MN) Weiner ‘‘nay’’ to ‘‘yea.’’ ternative plan. Kildee Pomeroy Welch (VT) Kilpatrick Price (NC) Wexler So the previous question was ordered. Mr. Speaker, I yield back the balance Kind Rahall Wilson (OH) The result of the vote was announced of my time and move the previous Klein (FL) Rangel Woolsey as above recorded. Kucinich Reyes Wu question on the resolution. Langevin Rodriguez Wynn Stated against: The SPEAKER pro tempore. The Lantos Ross Yarmuth Mr. SALI. Mr. Speaker, on rollcall No. 228 I question is on ordering the previous was unavoidably detained. Had I been question. NAYS—196 present, I would have voted ‘‘nay.’’ The question was taken; and the Aderholt Culberson Heller The SPEAKER pro tempore. The Akin Davis (KY) Hensarling Speaker pro tempore announced that Alexander Davis, David Herger question is on the resolution. the noes appeared to have it. Altmire Davis, Tom Hobson The question was taken; and the Mr. ARCURI. Mr. Speaker, on that I Bachmann Deal (GA) Hoekstra Speaker pro tempore announced that demand the yeas and nays. Bachus Dent Hulshof the ayes appeared to have it. Baker Diaz-Balart, L. Hunter The yeas and nays were ordered. Barrett (SC) Diaz-Balart, M. Inglis (SC) Mr. ARCURI. Mr. Speaker, on that I The SPEAKER pro tempore. Pursu- Barrow Doolittle Issa demand the yeas and nays. ant to clause 9 of rule XX, the Chair Bartlett (MD) Drake Jindal The yeas and nays were ordered. Barton (TX) Dreier Johnson (IL) will reduce to 5 minutes the minimum Biggert Duncan Johnson, Sam The SPEAKER pro tempore. This time for electronic voting, if ordered, Bilbray Ehlers Jones (NC) will be a 5-minute vote. on the question of adoption of the reso- Bilirakis Emerson Jordan The vote was taken by electronic de- Bishop (UT) English (PA) Keller vice, and there were—yeas 219, nays lution. Blackburn Everett King (IA) The vote was taken by electronic de- Blunt Fallin King (NY) 196, not voting 18, as follows: vice, and there were—yeas 219, nays Bonner Feeney Kingston [Roll No. 229] Bono Ferguson Kirk 196, not voting 18, as follows: Boozman Flake Kline (MN) YEAS—219 [Roll No. 228] Boustany Forbes Knollenberg Abercrombie Boyda (KS) Costello Brady (TX) Fortenberry Kuhl (NY) Ackerman Brady (PA) Courtney YEAS—219 Brown (SC) Fossella LaHood Allen Braley (IA) Cramer Abercrombie Boucher Cohen Brown-Waite, Foxx Lamborn Andrews Brown, Corrine Crowley Ackerman Boyd (FL) Conyers Ginny Franks (AZ) Latham Arcuri Butterfield Cuellar Allen Boyda (KS) Cooper Buchanan Frelinghuysen LaTourette Baca Capps Cummings Andrews Brady (PA) Costa Burgess Gallegly Lewis (CA) Baird Capuano Davis (AL) Arcuri Braley (IA) Costello Burton (IN) Garrett (NJ) Lewis (KY) Baldwin Cardoza Davis (CA) Baca Butterfield Courtney Buyer Gerlach Linder Barrow Carnahan Davis (IL) Baird Capps Cramer Calvert Gilchrest LoBiondo Bean Carney Davis, Lincoln Baldwin Capuano Crowley Camp (MI) Gillmor Lucas Becerra Carson DeFazio Bean Cardoza Cuellar Campbell (CA) Gingrey Lungren, Daniel Berkley Castor DeGette Becerra Carnahan Cummings Cannon Gohmert E. Berman Chandler Delahunt Berkley Carney Davis (AL) Capito Goode Mack Berry Clarke DeLauro Berman Carson Davis (CA) Carter Goodlatte Manzullo Bishop (GA) Clay Dicks Berry Castor Davis (IL) Castle Granger Marchant Bishop (NY) Cleaver Dingell Bishop (GA) Chandler Davis, Lincoln Chabot Graves McCarthy (CA) Blumenauer Clyburn Doggett Bishop (NY) Clarke DeFazio Coble Hall (TX) McCaul (TX) Boren Cohen Donnelly Blumenauer Clay DeGette Cole (OK) Hastert McCotter Boswell Conyers Doyle Boren Cleaver Delahunt Conaway Hastings (WA) McCrery Boucher Cooper Edwards Boswell Clyburn DeLauro Crenshaw Hayes McHenry Boyd (FL) Costa Ellison

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3577 Ellsworth Lewis (GA) Rush Musgrave Reynolds Sullivan bia shall be considered a Congressional dis- Emanuel Lipinski Ryan (OH) Myrick Rogers (AL) Tancredo trict for purposes of representation in the Eshoo Loebsack Salazar Neugebauer Rogers (KY) Taylor House of Representatives. ´ Etheridge Lofgren, Zoe Sanchez, Linda Nunes Rogers (MI) Terry (b) CONFORMING AMENDMENTS RELATING TO Farr Lowey T. Paul Ros-Lehtinen Thornberry APPORTIONMENT OF MEMBERS OF HOUSE OF Filner Lynch Sanchez, Loretta Pearce Roskam Tiahrt REPRESENTATIVES.— Frank (MA) Mahoney (FL) Sarbanes Pence Royce Tiberi (1) INCLUSION OF SINGLE DISTRICT OF COLUM- Giffords Maloney (NY) Schakowsky Peterson (PA) Ryan (WI) Turner Petri Sali BIA MEMBER IN REAPPORTIONMENT OF MEMBERS Gillibrand Markey Schiff Upton Gonzalez Marshall Schwartz Pickering Saxton AMONG STATES.—Section 22 of the Act enti- Walberg Gordon Matheson Scott (GA) Pitts Schmidt Walden (OR) tled ‘‘An Act to provide for the fifteenth and Green, Al Matsui Scott (VA) Platts Sensenbrenner Wamp subsequent decennial censuses and to provide Green, Gene McCarthy (NY) Serrano Poe Sessions for apportionment of Representatives in Con- Grijalva McCollum (MN) Sestak Porter Shadegg Weldon (FL) Gutierrez McDermott Shea-Porter Price (GA) Shays Weller gress’’, approved June 28, 1929 (2 U.S.C. 2a), is Hall (NY) McGovern Sherman Pryce (OH) Shimkus Westmoreland amended by adding at the end the following Hare McIntyre Shuler Putnam Shuster Whitfield new subsection: Harman McNulty Sires Radanovich Simpson Wilson (NM) ‘‘(d) This section shall apply with respect Hastings (FL) Meehan Skelton Ramstad Smith (NE) Wilson (SC) to the District of Columbia in the same man- Herseth Sandlin Meek (FL) Slaughter Regula Smith (NJ) Wolf ner as this section applies to a State, except Hill Michaud Smith (WA) Rehberg Smith (TX) Young (AK) that the District of Columbia may not re- Hinchey Miller (NC) Snyder Reichert Souder Young (FL) ceive more than one Member under any re- Renzi Stearns Hinojosa Miller, George Solis apportionment of Members.’’. Hirono Mitchell Space Hodes Mollohan Spratt NOT VOTING—18 (2) CLARIFICATION OF DETERMINATION OF Holden Moore (KS) Stupak Boehner Flake Millender- NUMBER OF PRESIDENTIAL ELECTORS ON BASIS Holt Moore (WI) Sutton Cantor Higgins McDonald OF 23RD AMENDMENT.—Section 3 of title 3, Honda Moran (VA) Tanner Cubin Israel Rohrabacher United States Code, is amended by striking Hooley Murphy (CT) Tauscher Davis, Jo Ann Lampson Stark ‘‘come into office;’’ and inserting the fol- Hoyer Murtha Thompson (CA) Duncan Meeks (NY) Walsh (NY) lowing: ‘‘come into office (subject to the Inslee Nadler Thompson (MS) Engel Melancon Wicker twenty-third article of amendment to the Jackson (IL) Napolitano Tierney Fattah Jackson-Lee Neal (MA) Towns Constitution of the United States in the case (TX) Oberstar Udall (CO) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE of the District of Columbia);’’. Jefferson Obey Udall (NM) The SPEAKER pro tempore (during SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF Johnson (GA) Olver Van Hollen the vote). Members are advised there REPRESENTATIVES. ´ Johnson, E. B. Ortiz Velazquez are 2 minutes remaining in this vote. (a) PERMANENT INCREASE IN NUMBER OF Jones (OH) Pallone Visclosky MEMBERS.—Effective with respect to the One Kagen Pascrell Walz (MN) b 1229 Hundred Tenth Congress and each succeeding Kanjorski Pastor Wasserman Congress, the House of Representatives shall Kaptur Payne Schultz So the resolution was agreed to. be composed of 437 Members, including any Kennedy Perlmutter Waters The result of the vote was announced Kildee Peterson (MN) Watson Members representing the District of Colum- Kilpatrick Pomeroy Watt as above recorded. bia pursuant to section 2(a). Kind Price (NC) Waxman A motion to reconsider was laid on (b) REAPPORTIONMENT OF MEMBERS RESULT- Klein (FL) Rahall Weiner the table. ING FROM INCREASE.— Kucinich Rangel Welch (VT) Stated for: (1) IN GENERAL.—Section 22(a) of the Act Langevin Reyes Wexler Mr. MELANCON. Mr. Speaker, on the last entitled ‘‘An Act to provide for the fifteenth Lantos Rodriguez Wilson (OH) and subsequent decennial censuses and to Larsen (WA) Ross Woolsey vote, rollcall 229, had I been present, I would Larson (CT) Rothman Wu have voted ‘‘yea.’’ provide for apportionment of Representa- Lee Roybal-Allard Wynn tives in Congress’’, approved June 28, 1929 (2 Levin Ruppersberger Yarmuth f U.S.C. 2a(a)), is amended by striking ‘‘the REMOVAL OF NAME OF MEMBER then existing number of Representatives’’ NAYS—196 AS COSPONSOR OF H.R. 1593 and inserting ‘‘the number of Representa- Aderholt Deal (GA) Jindal tives established with respect to the One Akin Dent Johnson (IL) Mr. DAVIS of Illinois. Mr. Speaker, I Hundred Tenth Congress’’. Alexander Diaz-Balart, L. Johnson, Sam ask unanimous consent that as sponsor (2) EFFECTIVE DATE.—The amendment Altmire Diaz-Balart, M. Jones (NC) of H.R. 1593 that Representative WAL- made by paragraph (1) shall apply with re- Bachmann Doolittle Jordan TER JONES, JR., be removed as a co- spect to the regular decennial census con- Bachus Drake Keller ducted for 2010 and each subsequent regular Baker Dreier King (IA) sponsor. decennial census. Barrett (SC) Ehlers King (NY) The SPEAKER pro tempore (Mr. (c) SPECIAL RULES FOR PERIOD PRIOR TO Bartlett (MD) Emerson Kingston CARDOZA). Is there objection to the re- Barton (TX) English (PA) Kirk 2012 REAPPORTIONMENT.— Biggert Everett Kline (MN) quest of the gentleman from Illinois? (1) TRANSMITTAL OF REVISED STATEMENT OF Bilbray Fallin Knollenberg There was no objection. APPORTIONMENT BY PRESIDENT.—Not later Bilirakis Feeney Kuhl (NY) f than 30 days after the date of the enactment Bishop (UT) Ferguson LaHood of this Act, the President shall transmit to Blackburn Forbes Lamborn DISTRICT OF COLUMBIA HOUSE Congress a revised version of the most recent Blunt Fortenberry Latham VOTING RIGHTS ACT OF 2007 Bonner Fossella LaTourette statement of apportionment submitted under Bono Foxx Lewis (CA) Mr. CONYERS. Mr. Speaker, pursu- section 22(a) of the Act entitled ‘‘An Act to Boozman Franks (AZ) Lewis (KY) ant to House Resolution 317, I call up provide for the fifteenth and subsequent de- Boustany Frelinghuysen Linder the bill (H.R. 1905) to provide for the cennial censuses and to provide for appor- Brady (TX) Gallegly LoBiondo tionment of Representatives in Congress’’, Brown (SC) Garrett (NJ) Lucas treatment of the District of Columbia approved June 28, 1929 (2 U.S.C. 2a(a)), to Brown-Waite, Gerlach Lungren, Daniel as a Congressional district for purposes take into account this Act and the amend- Ginny Gilchrest E. of representation in the House of Rep- Buchanan Gillmor Mack ments made by this Act. Burgess Gingrey Manzullo resentatives, and for other purposes, (2) REPORT BY CLERK.—Not later than 15 Burton (IN) Gohmert Marchant and ask for its immediate consider- calendar days after receiving the revised Buyer Goode McCarthy (CA) ation. version of the statement of apportionment Calvert Goodlatte McCaul (TX) under paragraph (1), the Clerk of the House Camp (MI) Granger McCotter The Clerk read the title of the bill. The text of the bill is as follows: of Representatives, in accordance with sec- Campbell (CA) Graves McCrery tion 22(b) of such Act (2 U.S.C. 2a(b)), shall Cannon Hall (TX) McHenry H.R. 1905 send to the executive of each State a certifi- Capito Hastert McHugh Be it enacted by the Senate and House of Rep- Carter Hastings (WA) McKeon cate of the number of Representatives to Castle Hayes McMorris resentatives of the United States of America in which such State is entitled under section 22 Chabot Heller Rodgers Congress assembled, of such Act, and shall submit a report to the Coble Hensarling McNerney SECTION 1. SHORT TITLE. Speaker of the House of Representatives Cole (OK) Herger Mica This Act may be cited as the ‘‘District of identifying the State (other than the Dis- Conaway Hobson Miller (FL) Columbia House Voting Rights Act of 2007’’. trict of Columbia) which is entitled to one Crenshaw Hoekstra Miller (MI) Culberson Hulshof Miller, Gary SEC. 2. TREATMENT OF DISTRICT OF COLUMBIA additional Representative pursuant to this Davis (KY) Hunter Moran (KS) AS CONGRESSIONAL DISTRICT. section. Davis, David Inglis (SC) Murphy, Patrick (a) IN GENERAL.—Notwithstanding any (3) REQUIREMENTS FOR ELECTION OF ADDI- Davis, Tom Issa Murphy, Tim other provision of law, the District of Colum- TIONAL MEMBER.—During the One Hundred

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3578 CONGRESSIONAL RECORD — HOUSE April 19, 2007 Tenth Congress, the One Hundred Eleventh This simple but compelling message frequently for his views, said: ‘‘Permit Congress, and the One Hundred Twelfth Con- has reached Congress, and today we are me to be blunt. I consider this act to be gress— acting on it. Today we will do our part the most premeditated, unconstitu- (A) notwithstanding the final undesignated to correct a 200-year-old injustice. We tional act by Congress in decades.’’ paragraph of the Act entitled ‘‘An Act for the relief of Doctor Ricardo Vallejo Samala have a constitutionally sound, bipar- This legislation was constitutionally and to provide for congressional redis- tisan, politically balanced response suspect last month and it is constitu- tricting’’, approved December 14, 1967 (2 that will give, at last, citizens of the tionally suspect today. The Constitu- U.S.C. 2c), the additional Representative to District of Columbia full representation explicitly says that Members of which the State identified by the Clerk of tion in the House. Congress can only be elected by people the House of Representatives in the report The United States is the only democ- who live in States. Article I section 2 submitted under paragraph (2) is entitled racy in the world, ladies and gentle- reads, ‘‘The House of Representatives shall be elected from the State at large; and men, where citizens living in the cap- shall be composed of Members chosen (B) the other Representatives to which such State is entitled shall be elected on the ital city are denied representation in every second year by the people of the basis of the Congressional districts in effect their legislature. Almost 600,000 people several States.’’ in the State for the One Hundred Ninth Con- who call the District of Columbia Judges and legal experts agree that gress. home, who pay taxes, go off to war, and since D.C. is not a State, it cannot SEC. 4. NONSEVERABILITY OF PROVISIONS. observe the other responsibilities of elect Members of Congress. In fact, a If any provision of this Act, or any amend- citizenship still do not have a vote in Federal district judge here in D.C. al- ment made by this Act, is declared or held the Congress. ready has spoken on this point stating invalid or unenforceable, the remaining pro- At Monday’s march, we heard from a clearly, ‘‘We conclude from our anal- visions of this Act and any amendment made District of Columbia veteran who was ysis of the text that the Constitution by this Act shall be treated and deemed invalid and shall have no force or effect of law. one of the first soldiers sent to Iraq in does not contemplate that the District March, 2003, and as a dual citizen of the may serve as a State for purposes of The SPEAKER pro tempore. Pursu- United States and Iraq, he can partici- the apportionment of congressional ant to House Resolution 317, the gen- pate fully in the Iraqi democratic proc- representatives.’’ tleman from Michigan (Mr. CONYERS) And the House Judiciary Committee and the gentleman from Texas (Mr. ess which includes electing voting members of the Iraqi National Legisla- also has spoken on this point. When SMITH) each will control 30 minutes. The Chair recognizes the gentleman ture, but as a resident of the District of the House Judiciary Committee under from Michigan. Columbia, his rights as a U.S. citizen the leadership of Democratic Chairman Peter Rodino in the 95th Congress re- GENERAL LEAVE are limited. ported out a constitutional amendment Mr. CONYERS. Mr. Speaker, I ask Well, his day has come, as well as for unanimous consent that all Members that of all of the citizens of this great to do what this bill purports to be able may have 5 legislative days in which to District of Columbia. I hope that we to do by statute, the report stated, ‘‘If revise and extend their remarks on can move this debate through as effi- the citizens of the District are to have H.R. 1905, the District of Columbia ciently and as effectively as possible, voting representation in the Congress, House Voting Rights Act of 2007. and move toward a finish of a job that a constitutional amendment is essen- The SPEAKER pro tempore. Is there we have undertaken in more than one tial. Statutory action alone will not objection to the request of the gen- Congress. suffice.’’ So what is being attempted tleman from Michigan? Mr. Speaker, I reserve the balance of with the legislation before us today is There was no objection. my time. something long recognized as requiring Mr. CONYERS. Mr. Speaker, I would Mr. SMITH of Texas. Mr. Speaker, I a constitutional amendment. like to begin the debate on this meas- yield myself such time as I may con- Further, this bill unfairly subjects ure by yielding myself as much time as sume. many citizens to unequal treatment. It I may consume. Mr. Speaker, last month the House grants Utah an additional Representa- Mr. Speaker, this past Monday on considered a similar piece of legislative who will run at-large or statewide April 16, Emancipation Day, District of tion. As has become the Democrats’ rather than in the individual district Columbia residents and others gath- antidemocratic custom, no amend- provided for in the redistricting plan ered by the thousands at Freedom ments were allowed. The language of the Utah legislature passed last year. Plaza and marched to the Capitol, call- the bill was changed hours before it The at-large provision creates a situa- ing on Congress to ‘‘demand the vote.’’ came to the House floor, and Repub- tion this country has not seen since the On that day in 1862, President Abra- licans were allowed only a motion to development of the Supreme Court’s ham Lincoln signed the District of Co- recommit. line of cases affirming the principle of lumbia Compensated Emancipation Today, we are back again to consider one man, one vote. Act, freeing approximately 3,100 men, legislation to unconstitutionally give Under this provision, voters in Utah women and children who were held in D.C. residents a voting representative would be able to vote for two Rep- bondage. That was several months be- in Congress. Since the wording of the resentatives, their own district Rep- fore, of course, President Lincoln’s legislation has been changed without resentative and their at-large Rep- issue of the Emancipation Proclama- approval by the committee of jurisdic- resentative, whereas voters in every tion on New Year’s Day, 1863. tion, we will not have an opportunity other State would only be able to vote I stand before my colleagues in the to give D.C. residents the right to pos- for their one district Representative. House today and cannot help but note sess weapons to protect themselves and The result would be that Utah voters that the District of Columbia was the their families. And the reason we can- would have more voting power than the starting point for the Emancipation not give them that right is the same voters of every other State. President, as he was called, but it still reason the bill was withdrawn last The new bill the majority drafted at does not have the full voting franchise month: The Democratic leadership is the 11th hour even fails to strike the that is at the heart of U.S. citizenship. afraid Congress would approve it. current position of the Delegate that This hardly seems right, and we have It is a shame that a bill that sup- represents Washington, D.C. Currently, come today, assembled again to correct posedly supports democracy is being that delegate can vote in committee. this. brought up in such an undemocratic So this bill not only grants voters in Monday’s marchers sent a message to manner. The majority waived its own Utah two voting Members when every Congress: District residents have had rules and will pass a separate tax in- other voter only gets one, but also enough of ‘‘taxation without represen- crease, all to ram through the House gives District voters two votes in com- tation.’’ That is a message that all an unconstitutional bill they rewrote mittee, one vote for the D.C. Delegate Americans and all students of Amer- at the 11th hour with no amendments and one vote for the new D.C. Member ican history should understand. Dis- allowed. of Congress. Congratulations to Utah trict residents just want what Ameri- At the Judiciary Committee hearing and D.C. voters. cans elsewhere enjoy: a full share in on this bill, Professor Jonathan Some feel sincerely that the Con- American democracy. Turley, someone the majority consults stitution can be pulled and stretched a

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3579 little and interpreted otherwise, but at Mr. Speaker, I commend the stead- Now is the time to honor our democ- least we can agree that it is by no fast leadership, the exceptional tenac- racy. We will not rest until full voting means certain that the bill is constitu- ity, the relentless persistence of the representation in the House is granted tional. What is certain is that congres- gentlewoman from the District of Co- to the District of Columbia. That is our sional voting for D.C. residents could lumbia (Ms. NORTON). Because of her obligation and our pledge. be obtained by a constitutional amend- today, America will be greater. Mr. SMITH of Texas. Mr. Speaker, I ment. I also appreciate the leadership of the yield the balance of my time to my In 1978, Congress approved such a gentleman from Virginia (Mr. TOM friend and colleague from Virginia (Mr. constitutional amendment, but only 16 DAVIS) making this bill one that has GOODLATTE) who is the ranking mem- of the 38 States necessary ratified it. bipartisan cosponsorship. Again, with- ber of the House Agriculture Com- As I mentioned, at the time the Demo- out his participation, we wouldn’t be mittee and also a senior member of the cratic chairman of the Judiciary Com- here. For his support over a long period Judiciary Committee. mittee said the only legitimate way to of time, we are all in your debt, Mr. The SPEAKER pro tempore. The gen- give D.C. residents the right to vote in DAVIS. tleman from Virginia is recognized for Federal elections was a constitutional b 1245 such time as he may consume. amendment as opposed to this kind of Mr. GOODLATTE. I thank the gen- I want to thank also Mr. CONYERS legislation. tleman for yielding and it is at this and Mr. WAXMAN for their leadership; Why is that process being ignored time my pleasure to yield 2 minutes to STENY HOYER, who has made this a now? Is it because of the fear of failure the gentleman from Virginia, Mr. mission in his life. It is a proud day for again? DAVIS. all of us. Like many Members of Congress, I Mr. TOM DAVIS of Virginia. Mr. favor giving D.C. residents the right to Mr. Speaker, I take some personal pleasure in today’s proceedings, be- Speaker, I would ask if the gentleman vote for Members of the House and the from Michigan could yield me 2 min- Senate; but this bill doesn’t do that. It cause when I was born, my father was a Member of Congress. He was on the utes as well. limits D.C. residents to voting only for Mr. CONYERS. Mr. Speaker, I am House Members. This bill does not Appropriations Committee and he chaired the District of Columbia com- pleased to add 2 minutes on to Mr. allow D.C. residents to vote for Sen- DAVIS’ allotted time. ators. Why are we considering a bill mittee. At that time there was no mayor, there was no home rule. He was The SPEAKER pro tempore. The gen- that gives D.C. residents only half tleman is recognized for 4 minutes. their rights? Isn’t that ‘‘taxation with- a strong supporter for the District to attain both. He would never have imag- (Mr. TOM DAVIS of Virginia asked out representation’’? Or maybe it is and was given permission to revise and ‘‘taxation with half-representation.’’ ined all those many, many years ago that it would take this long to get a extend his remarks.) Maybe we should refund D.C. residents Mr. TOM DAVIS of Virginia. Tax- half their taxes if this bill passes. full vote on the floor for the District of Columbia. ation Without Representation, the There is a solution, and it treats the phrase that sparked this Nation’s revo- residents of D.C. better than this bill. And of course we would like, Mr. Chairman, to have statehood for the lution of independence, still fuels the It is constitutional. It is more likely to aspirations of District residents, espe- succeed in a constitutional amend- District of Columbia so they could have full representation for their tax- cially this week when they paid taxes ment, and it will give D.C. residents to a Federal Government in which they the right to vote for both House Mem- ation. But today we take this giant step. are not fully represented. bers and Senators. So this House once again considers a D.C. was originally carved out of This bipartisan effort to secure full bill to correct this historical anomaly Maryland. If D.C. were given back to voting representation in this House that leaves those living closest to the Maryland, except for the Capitol and should command the support of all. In- seat of our democracy without the some Federal buildings, D.C. residents deed, 82 percent of the American people same rights as their fellow citizens liv- would be residents of a State and have support the District of Columbia hav- the same voting rights. It has been ing full voting rights on the floor of ing everywhere else in our vast Nation. done before. That part of D.C. that was the House. This vote fulfills the prom- We persist because the cause is right once part of Virginia was returned to ise of our democracy. It reflects what and patience a vice against long-fes- Virginia in 1846, so the precedent is we stand for at home and preach tering injustice. there. Such legislation would only re- around the world. Today, there is no need to repeat ev- quire a majority vote in Congress and As the Supreme Court has said: ‘‘No erything said 3 weeks ago. The history, in the Maryland legislature. Both are right is more precious in a free country the case law, the constitutional anal- controlled by the Democratic Party. than that of having a voice in the elec- ysis have all been recited. We have Why are we waiting? Why not the tion of those who make the laws under heard from the opponents of this legis- best for D.C. residents? Why are we which we, as good citizens, must live.’’ lation who rely on a single argument spending time on a bill that is con- Today, we seek to affirm an enduring championed by one very liberal constitutionally suspect and would be principle of our democracy, the right stitutional lawyer. challenged in court? Why are we not to be heard and represented fully. For We counter with the studied opinions acting now to return the District to more than 200 years, the citizens of the of two former Federal judges, including Maryland and assure D.C. residents the District of Columbia have been denied Judge Kenneth Starr, and 25 legal right to vote in all Federal elections as full voting representation. This legisla- scholars from the best law schools in quickly as possible? tion corrects a serious flaw in our de- the country, including Viet Dinh, who Mr. Speaker, I reserve the balance of mocracy. the Bush administration relied on to my time. Mr. Speaker, every single day that write the PATRIOT Act. Anyone who Mr. CONYERS. Mr. Speaker, it is my this Congress is in session, we take a would have been moved by those argu- pleasure now to yield 1 minute to the pledge to the flag and to the Republic ments has already been persuaded. distinguished Speaker of the House of for which it stands. And at the end we Instead, I want to focus on the moral Representatives, Ms. NANCY PELOSI. say, ‘‘with liberty and justice for all.’’ imperative to act, even in the face of Ms. PELOSI. I thank the gentleman That ‘‘for all’’ must include the people difficulty or doubt. A great man of let- for yielding me time and for his leader- of the District of Columbia. ters once said: ‘‘Nothing will ever be ship in bringing this legislation to the America is at its best and honors the attempted if all possible objections floor. cause of justice and freedom when all must first be overcome.’’ There will al- Mr. Speaker, today is a proud day for voices are fully represented. And we ways be an excuse not to try. Refute this House and for the District of Co- know that the citizens of the District one opposing argument, another lumbia and for our Nation. Today, we of Columbia will give their voices to a sprouts like a weed. In this case, the will fulfill our obligation to do right by vision of justice, equality and oppor- scales of justice cannot be moved with the citizens of the District of Colum- tunity for all. They have already had weightless legal theories. The balance bia. the voice. Now they will have the vote. is tipped decidedly by the solid facts

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3580 CONGRESSIONAL RECORD — HOUSE April 19, 2007 and heavy effects of disenfranchise- Mr. CONYERS. Mr. Speaker, I would So it is, I think, clear, but certainly ment endured every day by those who like to turn now to the chairman of the very arguable, that Congress has ample live in the Nation’s Capital. Subcommittee on the Constitution, power constitutionally. And if someone The people of the District of Colum- JERRY NADLER of New York, and recog- wants to challenge them, let them go bia have served in every war this coun- nize him for 3 minutes. to court. But it is not a valid argument try has fought. Think about that for a Mr. NADLER. Mr. Speaker, it is a to oppose this bill which is necessary second. These Americans bravely stain on our national honor that the for elementary democracy in this coun- risked their lives, not to defend the citizens of our Capital City are try. freedoms they had, but to protect the disenfranchised without any votes in Mr. GOODLATTE. Mr. Speaker, I promise of freedoms they hoped to have Congress. We presume to lecture other yield myself 4 minutes. restored. They dutifully pay many mil- nations on the importance of democ- I rise in opposition to H.R. 1905, the racy; but today we are being put to our lions of dollars in Federal taxes year in District of Columbia House Voting own test, and we must not fail. and year out, with absolutely no say in Rights Act. There is no doubt that citi- Now, speakers on the other side say how that money may be spent. zens of the District of Columbia have But these are the obvious sacrifices that this bill is unconstitutional. They say, and they point out correctly, that no full voting representation in the of living in the Federal City. The small House of Representatives. However, daily contributions of this city’s citi- the Constitution says that the House of Representatives shall be composed of there are ways that these individuals zens should not be overlooked. District can receive representation without residents truly serve this Nation every Members chosen every second year by the people of the several States. Wash- trampling on the Constitution. Unfor- day performing thousands of Federal tunately, this bill is not one of them. jobs. But when this House votes on the ington, they say, isn’t a State. QED. That’s the end of the subject. But no, it The Constitution does not mince shape, the size and the cost of that gov- words when it says that Members of ernment, they are invisible, unseen and isn’t. It is not the end of the subject. The fact is, article III, section 2 says Congress may only be elected from the unheard in debates that affect their States. Article I, section 2 states that lives more directly than most. the judicial power, Federal jurisdiction shall extend to controversies between the House of Representatives shall be As a Republican, I am not willing to composed of Members chosen every bear the shame of failing to try to re- citizens of different States. Controver- sies between citizens of different second year by the people of the sev- solve this matter after 200 years. Ac- eral States. cording to our party’s own Web site, States, that is the basis for jurisdiction for Federal lawsuits, some Federal law- The Constitution also does not mince ‘‘The Republican Party was organized words when it distinguishes the Dis- as an answer to the divided politics, po- suits, many Federal lawsuits. Well, what about a controversy when trict of Columbia from a State. In de- litical turmoil, argument and internal someone from the District of Columbia scribing the powers of the Congress, ar- divisions, particularly over slavery, sues someone from Virginia or New ticle I, section 8 describes the seat of which plagued many political parties York or Pennsylvania? Well, in 1805, Federal Government as a district, not in 1854.’’ Our first Presidential can- the Supreme Court ruled that diversity exceeding 10 miles square, as made by didate, John C. Fremont, ran under a jurisdiction did not exist between a cit- cessation of particular States and the slogan: ‘‘Free soil, free labor, free izen of the District of Columbia and a acceptance of Congress, become the speech, free men, Fremont.’’ citizen of Virginia, in the case of Hep- seat of government of the United We exist as a party to increase rep- burn v. Ellzey, because the District of States. resentation and liberty in this country Columbia was not a State. Furthermore, the text of the 23rd and in this world. This legislation is in But the Court also said that Con- the highest traditions of this party amendment to the Constitution further gress, under its power to legislate for illustrates that the District was never that fought for free speech, fought to the District of Columbia, could decide abolish slavery, and fought to give meant to have the same rights as that, for purposes of diversity jurisdic- States. Specifically, it grants D.C. the women the right to vote. tion, the city of Washington, D.C. So I ask my Republican colleagues to power to appoint a number of electors should be considered a State. Congress of President and Vice President, equal see through the fog of armchair con- took its time in doing so, but did make stitutional analysis and do the right to the whole number of Senators and that decision. Representatives in Congress to which thing. There is still time to cast a Re- And there was a Supreme Court deci- publican vote, a vote to preserve our the District would be entitled if it were sion in 1949, a mere 145 years later. a State. party’s heritage and to vote to expand These things don’t go that rapidly. We amended the United States Con- liberty. 1949, in National Mutual Insurance stitution for that purpose. If the advo- Opponents of this legislation will Company of the District of Columbia v. cates of this seek to do the same for apologize that the Constitution won’t Tidewater, the United States Supreme representation in the House, they need allow them to do the good they wish Court said, aha, Congress, having to amend the United States Constitu- they could do. I am sorry, but I can’t acted, the District of Columbia is a tion. accept that. At the end of the day, this State for purposes of diversity jurisdic- is not an argument about what Con- tion under article III of the Constitu- The plain language of the Constitu- gress can do. It is about what Congress tion. tion is clear, that D.C. is not a State is willing to do. Congress has as much power to de- and that it is not granted the same Those of us who are supporting this cide that the residents of the District rights as States. bill are not nervous about its constitu- of Columbia have the right to vote for However, the constitutional problems tionality. We are convinced that this Congress, which requires States, as with this bill do not end here. The bill Congress already has the authority we Congress has the right to decide, would also establish an at-large Rep- need to expand freedom and liberty in upheld by the Supreme Court, that resentative for Utah, which would this Nation. Might we be wrong? Pos- residents of the District of Columbia, allow the citizens of Utah to vote sibly. The Supreme Court has never de- have the right to sue citizens of other twice, once for their Representative cided a case like this. But even if we States. If the Congress has that power from their district, and once for an- are proven wrong, there is nobility in for purposes of giving the District of other Representative at large. This attempting to do the right thing. There Columbia residents the right to sue and would clearly violate the constitu- is honor in acting, not just talking, to be sued by citizens of other States in tional principle of one-man, one-vote end injustice. Federal courts for diversity jurisdic- by granting Utah citizens dispropor- To those still shackled by doubt, I tion, it has the same power, the exact tionately large voting power. offer the words of Reverend King: same constitutional power to decide Adding insult to injury, this new bill ‘‘Take the first step in faith. You don’t that, for purposes of representation in we have before us today does not in- have to see the whole staircase. Just Congress, citizens of the District of Co- clude the language from the previous take the first step.’’ Take that step lumbia may have that representation bill, H.R. 1433, to eliminate the posi- with me and pass this bill. in Congress. tion of D.C. Delegate. Under this new

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3581 bill, it appears that the District of Co- everything that we say here today be- Mr. GOODLATTE. Mr. Speaker, I lumbia would not only unconstitution- cause the system of government in this yield myself 30 seconds to respond to ally be granted the same voting rights country and the way we have gone the gentleman from Alabama. that State residents enjoy, but it about business until now has been The second amendment to the Con- would give D.C. greater representation unique in the world. This is the only stitution refers to the ‘‘State.’’ When than any State currently enjoys. The place in the world where the people the Constitution refers to the D.C. Delegate would continue to be eli- who live in the capital have no voice. ‘‘States,’’ meaning today 50 States, gible to vote in committee, and in the Now, let me speak to some of the then 13 States, it is referring to them Committee of the Whole; and in addi- constitutional arguments that have in the plural. The ‘‘State’’ in the section, the new D.C. Representative been raised. I find it very telling, Mr. ond amendment refers to the country would also be eligible to vote in com- Speaker, that many of my very able collectively. mittee and on the floor. colleagues on the other side of the aisle And to the distinguished chairman of the Judiciary Committee, for whom I b 1300 have spent a lot of time in their recommit motion and other places, making a have great respect but also great dis- While every other district would get point about the recent D.C. Circuit rul- agreement on this issue, I hope that one vote in committee and on the floor, ing about the right to bear arms. They given the fact that we do acknowledge the District of Columbia would get two have brought that unrelated issue into a difference of opinion on what the votes in committee and two votes on this debate. Constitution says means that he will the floor under this new language. But it is interesting for this reason, join with us in seeking for expedited Finally, the procedure for bringing and I take out this dog-eared copy of judicial review if, as I hope is not the this bill to the floor is, again, appall- the Constitution. If there is one docu- case, this should be passed and sent to ing. Debate has been blocked on a bill ment that ought to be well worn, I sup- the courts for their review. that affects the relative voting power pose it is the Constitution. Mr. Speaker, at this time I am of citizens in each of our congressional If you look at the second amend- pleased to yield 3 minutes to the gen- districts. The majority has once again tleman from New Jersey (Mr. GAR- denied us even the opportunity to dis- ment, Mr. Speaker and Mr. Chairman, that our opponents in this debate rely RETT). cuss amendments, including an amend- Mr. GARRETT of New Jersey. Mr. on, it says ‘‘A well regulated militia ment by Ranking Member SMITH to Speaker, before I begin to set forth my being necessary to the security of a simply provide for an expedited judi- opposition to this piece of legislation, free State, the right of the People to cial review of the bill after it is en- let me refer back to the comments keep and bear arms shall not be in- acted in order to determine its con- made by the previous speaker, which fringed,’’ a clear-cut reference to the stitutionality. looked back over 150 years to try to security of a free State. Furthermore, it is very telling and find a case to provide some substan- Our friends on the other side of the disappointing that the majority has de- tiation for their argument, and they aisle say that is relevant to Wash- cided that it would rather violate its did so by finding a case with regard to ington, D.C. They say there is a right own PAYGO rules than allow an open judicial intervention. and fair discussion on the underlying to bear arms that the people shall In that case they cited that the Su- bill. enjoy. If it is so in the context of some- preme Court held that this Congress For all of these reasons, I urge my one carrying around a 9 millimeter or a could allow or broaden the judicial au- colleagues to oppose this very poorly semiautomatic, it must be so in the thority, if you will, of the Federal crafted legislation. context of people walking into a ballot courts. I think their example, in es- Mr. Speaker, I reserve the balance of and voting for a delegate who is a rep- sence, proves too much. You cannot my time. resentative who has a voice here. simply take one sentence or two sen- Mr. CONYERS. Mr. Speaker, before I What kind of a system of government tences out of the U.S. Constitution and yield to the distinguished gentleman says that the right to have a 9 milli- draw a conclusion from that. What you from Alabama, I yield myself 30 sec- meter outweighs the right to vote? You have to do is read the entirety of the onds. can’t have it both ways in this argu- Constitution. Ladies and gentlemen, we have here a ment. You can’t say you throw out the If you had done that, you would real- very interesting constitutional ques- State in the second amendment, but ize that the courts have always held, tion. My good friend and distinguished somehow you make the State giant and and the Founders’ intent always was, member of the Judiciary Committee I bold and capitalized and italicized in that this body, this House, and this think has raised four, maybe five the context of this representation. Congress has broad latitude when it points that disturb him greatly, but Another point that Mr. NADLER comes to judicial issues and reining in the main one is that it is unconstitu- touched upon: We hear from the opposi- the Federal courts or expanding their tional. The point of the matter is that tion that D.C. is a special thing, a Fed- authority of jurisdiction. And that is there are those who think it is con- eral district, that it is neither the all that that Supreme Court case was stitutional and those who think it is United States nor the States so, there- doing. It was not addressing the issue unconstitutional. Can’t we let the fore, it belongs in its own special cat- of infringing upon the rights of other courts decide this besides 435 great law- egory. If that is the case, to my friends citizens by what is occurring here yers working on this? on the other side, take out your copy today by granting more authority to Mr. Speaker, I now yield 3 minutes to of the Constitution, plow your way other States as far as voting is con- the distinguished gentleman from Ala- through it, and look at amendment cerned. bama, Mr. ARTUR DAVIS. after amendment. If that interpreta- More to the point on this legislation. Mr. DAVIS of Alabama. Mr. Speaker, tion is so, that D.C. is not a State or As I said before, I rise in strong opposi- I thank the distinguished Chair of the the U.S. Government, it means the tion to this legislation because it is, A, committee for honoring me by giving equal protection clause doesn’t apply unconstitutional, and, B, unfair. It vio- me a chance to speak during this mo- to Washington, D.C. It means that the lates the Constitution and the very mentous debate. antipoll tax provision doesn’t apply to fundamental intent of the Founding And I want to begin with a simple ob- Washington, D.C. It means that every Fathers of this country and the Fram- servation. If you scour the globe and other provision of the Constitution ers of the Constitution. It would give you look at the places that are listed that contains the word ‘‘State’’ or the District, which is by no definition as democracies, the places where the ‘‘U.S.’’ does not apply. a State, a vote in this House and simul- consent of the governed is what drives No one makes that argument that taneously the citizens of another State the politics, there is not a single one the people of Washington, D.C. are ut- two Representatives, which is unfair to where the people who live in the cap- terly shorn of rights because they are the State of New Jersey and all States ital do not have a representative to neither a State nor the United States. in this country. their parliamentary body. No, not one. If you don’t make it in another con- Furthermore, by allowing, unfairly, That is telling, and it ought to frame text, you cannot make it in this one. the District of Columbia to have their

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3582 CONGRESSIONAL RECORD — HOUSE April 19, 2007 own Representative and also a Dele- Now, there are those who would Federal buildings do not currently gate, they will have unfair representa- argue that Congress lacks the power to exist to the State of Maryland, which tion. extend this right of full voter represen- follows the pattern that was set in 1846 Our Founding Fathers understood tation to the citizens of the District of when land was ceded back to Virginia. and deliberately set aside a non-State Columbia. However, article I, section 8, That allows the District of Columbia section of land for our Federal Govern- clause 17 of the Constitution provides not only a vote for a Representative, ment and granted voting rights only, Congress with the legislative authority but also a vote for two Senators. That only, to State residents. They did this to give the District of Columbia true is not even contemplated in this bill. for a simple reason: They wanted to en- representation in Congress. I quote: In any event, the Constitution is sure that each State had equal rep- The Congress shall have power ‘‘to ex- clear. Let’s follow it or amend it. The resentation, and they realized that put- ercise exclusive Legislation in all bill we are voting on today does not ting the Federal Government in a Cases whatsoever, over such District follow the Constitution, it does not State would have given that State un- (not exceeding 10 miles square) . . .’’ amend the Constitution, and, there- fair representation, an unfair advan- So let us stand with the thousands fore, it must be defeated here by those tage. H.R. 1905 does not line up with who marched down Pennsylvania Ave- who wish to follow the admonition to the Founders’ intent. nue Monday for one thing, full rep- support and defend the Constitution. If the supporters of H.R. 1905 wanted resentation by Members of the House Otherwise, it will be struck down by the people of D.C. to be represented in of Representatives for the District of any court that seeks to follow the Congress, they simply could have Columbia. words of the Constitution. solved that problem by retroceding, by Mr. GOODLATTE. Mr. Speaker, I Mr. CONYERS. Mr. Speaker, I would giving back part of the District of Co- yield 3 minutes to the gentleman from like to yield 1 minute to the Delegate lumbia to Maryland. Texas (Mr. GOHMERT), a member of the from the District of Columbia, ELEA- There is precedent for this, as stated. Judiciary Committee. NOR HOLMES NORTON. In 1846, Congress took that perfectly Mr. GOHMERT. Mr. Speaker, the Ms. NORTON. It has been remark- legal step of returning present-day Ar- proponents of this bill in 1978 believed able, in a debate where Republicans in- lington to the State of Virginia. that the way to allow the District of voke democracy, to hear Republican Couldn’t we pass similar legislation Columbia representation was to actu- after Republican come to the House like that right now and solve this prob- ally pass and ratify a constitutional floor and say that they want the Dis- lem? trict of Columbia ceded to Maryland, Unfortunately, the majority, who amendment. That is what the pro- without indicating that the Maryland claimed just a few months ago that ponents knew back then. That is what delegation has given permission to ac- they would have an open process for most of us, hopefully, still know today. cept the District of Columbia. If you amendment legislation, has left us Article I, section 2 of the Constitu- believe in democracy, I suggest you ask with only two choices, an unfair and tion addresses who will comprise the the State of Maryland before you cede unconstitutional choice before this U.S. House of Representatives. As it back anything to that State. House. says here, specifically, ‘‘The House of Mr. CONYERS. Mr. Speaker, we are Representatives shall be composed of Mr. CONYERS. Mr. Speaker, it is my pleased to have on our Judiciary Com- Members chosen every second year by pleasure now to yield 3 minutes to the mittee the gentleman from Georgia, the People of the several States . . . ’’ gentlelady from Houston, Texas, SHEI- the distinguished lawyer and judge, Now, anyone who believes it is fair, LA JACKSON-LEE. Ms. JACKSON-LEE of Texas. Let me HANK JOHNSON, to whom I yield 2 min- like the Founders of the country did, utes. to have taxation with representation thank the distinguished Speaker, the Mr. JOHNSON of Georgia. Mr. Speak- should also know that we took an oath distinguished chairman of the full com- er, I rise in support of the District of to support and defend this document. mittee, and certainly my colleagues Columbia Voting Rights Act of 2007, Words mean things. They had the de- who are here, because I believe that which corrects a 200-year-old oversight bate at that time. Should we give the there should be a sense of honesty and by restoring to the citizens of the Dis- District of Columbia, this independent integrity that is attributed to all of my trict of Columbia the right to elect a entity, a Representative? They said colleagues, despite their positions on Member of the House of Representa- ‘‘no.’’ Alexander Hamilton lost the de- this issue. tives who has the same voting rights as bate when they said ‘‘no.’’ I rise today, Mr. Chairman of the full all other Members of the House of Rep- So if you want to fix it, as the people committee, acknowledging that my resentatives. in 1978 did, as you do know, those in full statement will be put into the Residents of the District of Columbia the House here, Mr. Speaker, you do it RECORD. But I really want to engage in serve in the military. They are dying by making a constitutional amend- a dialogue and a discussion because I and being wounded on the streets of ment. am grateful that this committee, look- Iraq. They pay billions of dollars in I have previously pointed out that ing at Congresswoman ELEANOR Federal taxes each year and assume all one of the arguments made by our HOLMES NORTON’s legislation and Con- of the responsibilities of United States country’s founders as to why they did gressman DAVIS’ legislation was citizenship. Yet they are denied the not allow the District of Columbia to thoughtful as it relates to the Con- basic right of full representation in the have a U.S. Representative was that stitution. And that is what the Amer- United States House of Representa- the Founders noted that Members of ican people ask us to do: they want us tives. Congress and the Senate have an inter- to be thoughtful as it relates to the Now, a compromise has been reached est in the city’s functioning properly. Constitution; they want us to be fair. by both sides of the aisle, but there are Demonizing, misquoting, belittling the Many people have heard of this as the some who would deny the people of messenger does not change the truth, D.C. Voting bill, but they may not be Washington, D.C., a right that they the facts, or what the Constitution re- aware of the provision that deals with themselves enjoy. quires. Utah, people there who have not had an The District of Columbia was created opportunity to cast their vote, one per- to prevent any State from unduly in- b 1315 son-one vote. That is what this is all fluencing the operations of the Federal As I said during the previous debate, about. It is a simple question of allow- Government due to the Federal Gov- it is a legitimate position to assert ing those who pay taxes, whose blood ernment’s being located within the that all people should be able to elect rains on the front lines around the confines of a particular State. How- their Representative. That is why on world for our freedom, to have the con- ever, there is simply no evidence that Monday of this week I filed a bill that stitutional privilege of voting. the Framers of the Constitution is the only constitutional manner of Now, you will hear those who oppose thought it was necessary to keep resi- getting the District of Columbia a Rep- suggest that there is a provision in the dents of this District from being representative without a constitutional Constitution that indicates the word resented in the United States House of amendment. My new bill cedes land ‘‘States,’’ and that voting is, if you Representatives by a voting Member. from the District of Columbia on which will, attributable to the word ‘‘States.’’

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3583 We have already heard the historical zenship. For over 200 years, the District has ‘‘extraordinary and plenary power’’ over the perspective, you have already been told been denied voting representation in Con- District. It empowers Congress to legislate to ask the people of Maryland, but gress—the entity that has ultimate authority within the District for ‘‘every proper purpose of there is another constitutional provi- over all aspects of the city’s legislative, execu- government.’’ Congress therefore possesses sion. And so you have interpretations tive, and judicial functions. ‘‘full and unlimited jurisdiction to provide for that will allow scholars to have a Mr. Speaker, if a person can be called upon the general welfare of citizens within the Dis- scholarly debate. to pay Federal taxes and serve in the armed trict of Columbia by any and every act of legis- The other constitutional provision forces of the United States, then he or she lation which it may deem conducive to that indicates that this Congress does have should at least have the opportunity to vote for end,’’ subject, of course, to the negative prohi- the authority to provide, if you will, a a representative who could at least cast a bitions of the Constitution. balance of power, a sense of fairness to symbolic vote in this chamber on critical mat- Although the District is not a state for pur- the nonvoting people of the District of ters facing our Nation. Issues like war and poses of Congress’s Article I, section 2, Columbia. peace, equality and justice. I would hope that we, who are con- Mr. Speaker, taxation without representation clause 1, which states that members of the stitutionally grounded, a democracy is tyranny. It is unconscionable that more than House are chosen ‘‘by the people of the sev- that has lasted now 400 years-plus, a half million American citizens are being un- eral States,’’ this fact is not dispositive of would err on the side of giving rights conscionably denied a vote and a voice in the Congress’s authority under the District Clause to people who are deserving of those most important legislative body in the world. to give residents of the District the same rights rights, their birthright being that they As a supporter of freedom, democracy, and as citizens of a state. Since 1805, the Su- are American citizens. That is why I equality, I believe that it is long overdue for preme Court has recognized that Congress come to the floor of the House to chal- the citizens of the District of Columbia to have has the authority to treat the District like a lenge and to chime these words: We all a representative in Congress who can vote on state, and Congress has repeatedly exercised are created equal, with certain inalien- the vital legislation considered in this body. this authority. No court has ever sustained a able rights of life, liberty and the pur- Mr. Speaker, it is wrong that we must be re- challenge to Congress’s exercise of its power suit of happiness. That is a declaration minded daily by license plates in the District of under the District Clause. of independence, and the Constitution Columbia that ‘‘Taxation without representa- Two related Supreme Court cases illustrate says we formed this body to create a tion is tyranny.’’ The people in Boston felt so this point. In Hepburn v. Ellzey, 6 U.S. 445 more perfect Union. Can we be in a per- strongly about this in 1775 that they rebelled (1805), the Court held that the diversity juris- fect Union if there are citizens of the in Boston Harbor, launching the ‘‘Boston Tea diction provision of Article III, Section 2 of the United States who are not able to cast Party.’’ U.S. Constitution excluded citizens of the Dis- their vote? I ask my colleagues to con- The principle that political authority derives trict of Columbia. The Court observed, how- sider that, and I ask us to support en- from the consent of the government is no less ever, that it was ‘‘extraordinary’’ that residents thusiastically H.R. 1905, to err on the applicable when it comes to the District of Co- of the District should be denied the same ac- side of the birthright of American citi- lumbia. Let us be clear. There is no dispute cess to federal courts provided to aliens and zens and the right to vote. that hundreds of thousands of American citi- state residents, and invited Congress to craft Mr. Speaker, I rise in strong support of H.R. zens reside in the District of Columbia. We all a solution, noting that the matter was ‘‘a sub- 1905, the ‘‘District of Columbia House Voting agree that universal suffrage is the hallmark of ject for legislative, not judicial consideration.’’ a democratic regime, of which the United Rights Act of 2007,’’ and thank the Chairman Congress accepted that invitation 145 years States is the world’s leading exemplar. of the Judiciary Committee for his leadership later and enacted legislation that explicitly in shepherding this important piece of legisla- None of us believes it is fair that citizens of the District of Columbia pay Federal taxes, granted District residents access to federal tion to the floor. Today we remove a stain that courts on diversity grounds. That legislation has blighted our Nation for more than 200 risk life and limb fighting wars abroad to protect American democracy and extend the was upheld by the Supreme Court in 1949 in years. Today, we vote to end 2 centuries of National Mutual Insurance Company v. Tide- shame and correct an injustice to the citizens blessings of liberty to people living in foreign lands. In short, there is no moral reason to water Transfer Company, 337 U.S. 582 of the District of Columbia. (1949). A plurality of the Court led by Justice H.R. 1905 permanently expands the U.S. deny the citizens of the District of Columbia Jackson held that Congress could for this pur- House of Representatives from 435 to 437 the right to full representation in Congress. pose treat District residents as though they seats, providing a new, at-large seat to Utah The only question is whether Congress has were state residents pursuant to its authority and a vote to the District of Columbia. Based the will and the constitutional authority to do under the District Clause. The two concurring on the 2000 Census, Utah is the state next in so. As I will discuss, Congress has always justices would have gone even further; they line to enlarge its Congressional delegation. had the constitutional authority. For the last 12 argued that Hepburn should be overruled and The bill does not give the District statehood, years, we have not had the will; but now we that the District should be considered a state nor does it give the District representation in do. for purposes of Article III. the Senate. Rather, in H.R. 1905 Congress is I. CONGRESS CAN GRANT VOTING RIGHTS TO THE simply treating the District as a Congressional DISTRICT UNDER THE DISTRICT CLAUSE Tidewater strongly supports Congress’s au- district for the purposes of granting full House As Professor Dinh argued in his powerful thority to provide the District a House Rep- representation, as it can pursuant to the grant testimony before the Judiciary Committee, resentative via simple legislation. As the plu- of plenary power over the District of Columbia Congress has ample constitutional authority to rality explained, because Congress unques- conferred by the Constitution in Article I, sec- enact H.R. 1905 under the Constitution’s ‘‘Dis- tionably had the greater power to provide Dis- tion 8, clause 17. trict Clause.’’ Art. I, § 8, cl. 17. The District trict residents diversity-based jurisdiction in At the outset, let me address the claim that Clause empowers Congress to ‘‘exercise ex- special Article I courts, it surely could accom- H.R. 1905 is a weak foundation upon which to clusive Legislation in all Cases whatsoever, plish the more limited result of granting District base the District’s voting rights in the House over such District’’ and thus grants Congress residents diversity-based access to existing because it is a statutory rather than a constitu- plenary and exclusive authority to legislate all Article III courts. Similarly, Congress’s author- tionally based remedy. The argument should matters concerning the District. The text, his- ity to grant the District full rights of statehood be rejected for the simple reason that it makes tory and structure of the Constitution, as well (or grant its residents voting rights through ret- the perfect the enemy of the good. It is like as judicial decisions and pronouncements in rocession) by simple legislation suggests that asking a person to remain homeless while she analogous or related contexts, confirms that it may, by simple legislatipn, take the more saves to buy a house even though she has this broad legislative authority extends to the modest step of providing citizens of the District enough money to rent an apartment. granting of Congressional voting rights for Dis- with a voice in the House of Representativ. In- Mr. Speaker, let us not lose sight of one in- trict residents. deed, since Congress has granted voting rep- disputable and shameful fact: nearly 500,000 The District Clause, which has been de- resentation to residents of Federal enclaves in people living in the District of Columbia lack scribed by no less a constitutional authority as Evans v. Cornman, 398 U.S. 419 (1970), and direct voting representation in the House of Judge Kenneth Starr as ‘‘majestic in its to Americans living abroad through the Over- Representatives and Senate. Residents of the scope,’’ gives Congress plenary and exclusive seas Voting Act, there is no reason to sup- District of Columbia serve in the military, pay power to legislate for the District. Courts have pose that Congress has less ability to provide billions of dollars in Federal taxes each year, held that the District Clause is ‘‘sweeping and voting representation to the residents of the and assume other responsibilities of U.S. citi- inclusive in character’’ and gives Congress Nation’s Capital.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3584 CONGRESSIONAL RECORD — HOUSE April 19, 2007 II. CONGRESS MAY DIRECT THE NEXT-ENTITLED STATE TO The single-district voter in State B has a whole Columbia, and she has done a magnifi- ELECT ITS ADDITIONAL REPRESENTATIVE AT LARGE interest in one representative. But in both sce- cent job of doing that. H.R. 1905 also grants an additional con- narios, each voter has, in the aggregate, one That brings us to the point that we gressional seat to the State of Utah as the whole voting interest. are today. We have worked out an next-entitled state and directs that State to Similarly, as compared to a state with four agreement. We have bipartisan sup- elect its additional Representative at large, single-member districts, the voters in Utah’s port. We have a piece of legislation rather than creating an additional single-mem- existing three districts would have proportion- that makes good sense. It will give rep- ber district. Congress plainly has the authority ately less Influence In the election of the representation to the people who live and to do so. This statutory scheme does not vio- resentative from their own district, but would work in this District, people who pay late the ‘‘one person, one vote’’ principle. gain a fractional interest in the State’s at-large taxes. As the Supreme Court held in Wesberry v. representative. In short, Utah residents would When I rode in this morning, I rode Sanders, 376 U.S. 1 (1964), ‘‘the command of have no more (and no less) voting power than in a taxicab with an elderly woman Article I, Section 2 [of the Constitution], that residents of any other State. who has been driving a cab for 28 years. Representatives be chosen ‘by the People of III. CONCLUSION I struck up a conversation with her, the Several States’ means that as nearly as is For these reasons, I believe H.R. 1905 is and she told me that she had two sons practicable one man’s vote in a congressional constitutionally unassailable. Granting voting in Iraq. I could not tell her about what election is to be worth as much as another’s.’’ rights to the citizens of the District of Columbia we were doing on the floor today. I did In that case the Court struck down a Georgia is a matter of simple justice. I know it morally not want to engage her in that con- apportionment statute because it created a right. It is also long overdue. Let us end this versation because I was too ashamed to congressional district that had two-to-three injustice and be true to the better angels of even talk about the fact that she did not have representation, she did not times as many residents as Georgia’s 9 other our nature. I urge all members to vote to join have a voting representative because congressional districts. The Court stated: me in voting for H.R. 1905. The apportionment statute thus contracts Mr. GOODLATTE. Mr. Speaker, may this body had not decided to use its the value of some votes and expands that of I inquire as to how much time is re- power to give the vote to the people of others. If the Federal Constitution intends maining on each side. the District of Columbia. But I am that when qualified voters elect members of The SPEAKER pro tempore. Both proud to stand here today because I Congress each vote be given as much weight think something wonderful is about to sides have 21⁄2 minutes remaining. as any other vote, then this statute cannot Mr. GOODLATTE. At this time, I happen. stand. yield 1 minute to the gentleman from No matter the distortions about the Constitution, no matter the misunder- ‘‘One person, one vote’’ concerns arise Texas (Mr. GOHMERT). when congressional districts within a State Mr. GOHMERT. Mr. Speaker, I need standing that I am hearing from the contain different numbers of residents, diluting to respond to my friend from the Dis- opposite side of the aisle, we are about the voting power of residents in the district trict of Columbia with regard to have I to embark on something that is histor- with more residents. In contrast, here the pro- talked to the State of Maryland. All I ical, that is constitutional, and is the posed temporary ‘‘at large’’ district in Utah can do is what we can do here, what we right thing to do. And I am so pleased does not dilute the voting power of any Utah can do constitutionally. And I am and proud to be a part of it as I stand voter. shocked at the inference that Maryland here, looking in the eyes of my friend, When Utah holds its at large election for the thinks so little of the people of the Dis- ELEANOR HOLMES NORTON, where I will new fourth seat, Utah voters may cast a vote trict of Columbia that they wouldn’t be casting my vote with her today to give voting rights to the people of this in their existing district and in the State-wide want them, but that is their call. This District. election for the fourth seat. While it is true that is something we can do constitu- the statewide ‘‘at large’’ district will necessarily Mr. GOODLATTE. Mr. Speaker, I tionally. yield 2 minutes to the gentleman from contain more residents than the other districts, And to my other good friend from the establishment of that ‘‘at large’’ district Indiana (Mr. PENCE). Texas, who mentioned there is another Mr. CONYERS. Mr. Speaker, did the would create no constitutional dilution con- provision, it is article I, section 8. And gentleman from Indiana desire 2 min- cerns. Each person’s vote in the ‘‘at large’’ there is nothing in here that gives us utes from our side? district would have equal influence, and the the power to change the Constitution Mr. PENCE. No. I thank the gen- opportunity to cast that vote would not alter in to revoke this word ‘‘States.’’ And if tleman. I am pleased to take time from any way the value of that person’s vote in her you give it that broad, sweeping defini- the minority side. I thank the chair- own smaller district. tion that my friends across the aisle man. But I also thank very deeply the Nor does a potential ‘‘one person, one vote’’ are trying to do, then what will end up gentleman from Virginia the courtesy challenge arise on the ground that Utah resi- happening is, you want to help the of yielding me time. dents vote in two elections while residents of fighting people that have given their (Mr. PENCE asked and was given per- other States with single-member districts lives for us and others who continue mission to revise and extend his re- would vote only once. First, the Supreme fighting? This says we can give them marks.) Court has never held that the ‘‘one person, their own representative. We can give Mr. PENCE. Mr. Speaker, I do rise in one vote’’ principle applies to the apportion- the Pentagon a representative. We can support of H.R. 1905, the District of Co- ment process. Indeed, the Court has held that give every fort and post and base in lumbia Voting Rights Act of 2007. Congress is entitled to substantial deference America their own representative. The fact that more than half a mil- in its apportionment decisions. Second, the Let’s don’t go that broad. lion Americans living in the District of proposed at large election does not give resi- Mr. CONYERS. Mr. Speaker, I am Columbia are denied a single voting dents of the State more or less voting power pleased now to recognize a senior mem- representative in Congress is clearly a than the residents of States with single-member of the Judiciary Committee, MAX- historic wrong. ber districts. The example cited by Richard INE WATERS of California, for 2 min- The single overarching principle of Bress, one of the witnesses who testified be- utes. the American founding was that laws fore the Judiciary Committee in support of the Ms. WATERS. Mr. Speaker and Mem- should be based upon the consent of the bill, illustrates why this is so. bers, I rise in support of H.R. 1905, the governed. The first generation of Suppose that State A and State B have District of Columbia House Voting Americans threw tea in Boston Harbor roughly the same population and are each en- Rights Act of 2007, and I am proud and because they were denied a voting rep- titled to four Representatives. State A holds an pleased to do so. resentative in the national legislature at-large election for all four of its representa- I was elected in 1991; and one of my in England. Given their commitment tives, while State B divides its Representatives colleagues, who was elected at the to representative democracy, it is in- and voters into four districts. State A’s state- same time, Ms. ELEANOR HOLMES NOR- conceivable to me that our Founders wide district would have a population four TON, she has been in this battle ever would have been willing to accept the times the size of each district in State B. As since she has been here trying to edu- denial of representation to so great a compared to the single-district voter in State cate this House and the Members of throng of Americans in perpetuity. B, the ‘‘at large’’ voter in State A has a one- this Congress about the disenfranchise- But the demands of justice are not fourth interest in each of 4 representatives. ment of the people of the District of enough for Congress to act. Under our

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3585 system of government, Congress may District residents have been denied full rep- The District of Columbia is home to over only take action which is authorized resentation in Congress for over 200 years. 570,000 residents. It has a larger population by the written Constitution. I do be- This disenfranchisement impacts more than than Wyoming, which is represented by an at- lieve in my heart that H.R. 1905 is a 500,000 people who live in the District, pay large member in the House and two Senators. constitutional remedy to a historic federal taxes, and fight for their country in war. The men and women of the District of Co- wrong, and I am not alone in this Further, it disproportionately impacts the Afri- lumbia pay their taxes, both to the Federal thought. can American community, which makes up Government and the District. They salute the Judge Kenneth Starr, the former fifty-seven percent of the population in the Dis- American flag at Nationals, Wizards, Caps and Independent Counsel and U.S. Solicitor trict. No other state in the union has a larger Redskins games. And they serve or have General observed: ‘‘There is nothing in percentage of Black residents. served in the Armed Forces. D.C. is home to our Constitution’s history or its funda- However, this is an issue that surpasses over 44,000 veterans. In Iraq and Afghanistan, mental principles suggesting that the race. It is about basic equality. I find it ironic four brave men have made the ultimate sac- Framers intended to deny the precious that we are spending billions of dollars to ex- rifice for their country. right to vote to those who live in the port democracy, when our fellow American Yet despite being an integral part of the fab- capital of the great democracy that citizens are denied the very cornerstone of de- ric of our Nation, D.C. continues to be denied they founded.’’ None other than Jus- mocracy, the right to vote. The residents of a vote in Congress. tice Antonin Scalia observed in 1984 the District of Columbia demand and deserve Today we are considering compromise, bi- that the seat of government clause of the right to fully participate in our democracy. partisan legislation coauthored by my friends the Constitution gives Congress ex- Congresswoman ELEANOR HOLMES NORTON and colleagues Delegate ELEANOR HOLMES traordinary and plenary power over our has shown great resolve in her tireless efforts NORTON and Representative TOM DAVIS. From Nation’s Capital. Judge Starr observes: to secure full voting rights for her constituents. his position on the Government Oversight ‘‘The logic of that case and that rea- And Oversight and Government Reform Com- Committee Congressman DAVIS has spent soning applies here.’’ mittee Ranking Member TOM DAVIS has been considerable time and attention on issues af- Congress has used this power in the a great ally in this cause, both now and when fecting the District. And there is no stronger past. It was in a 1949 case that the Su- the Republicans were in the Majority. advocate for her constituents than the gentle- preme Court upheld legislation that ex- The bill includes a number of important pro- woman from D.C. tended access to the Federal courts visions. I compliment the bill’s sponsors for crafting even though article III expressly lim- It will increase the size of the House by two a thoughtful approach and a clever com- ited jurisdiction to the courts to suits seats, from 435 to 437 seats. One of the seats promise that grants Utah an at-large rep- brought by citizens of several States. will go to the District of Columbia and the resentative to balance any potential partisan None of which argues for the District other seat will go to Utah, the next state in line division. It keeps this proposal bipartisan and of Columbia ever to be granted the to get a congressional seat. improves its prospects for favorable Senate right to elect Members to the Senate. The bill prevents partisan gerrymandering action. I hope the White House will rethink its In a real sense, the House is derivative by creating the new seat for Utah as an at- current concerns and join our bipartisan coali- of the people, the Senate is derivative large seat and by ensuring that Utah does not tion to affirm the District’s right to a vote. of the State. redistrict its other congressional seats until ap- It is my privilege to stand today, al- Some who oppose this legislation have stat- portionment is conducted following the 2010 beit in opposition to some of my most ed that it raises constitutional concerns. But, Census. cherished colleagues, and stand in sup- as was stated in a recent op-ed by the Repub- Importantly, the bill contains a non-sever- port of the D.C. Voting Rights bill. lican D.C. Councilwoman Carol Schwartz, no Mr. CONYERS. I yield 30 seconds to ability clause, providing that if a court holds a less conservative scholars than former solicitor the gentleman from Maryland (Mr. section of this bill invalid or unenforceable, all general Kenneth Starr, former chief judge of other sections will be invalid or unenforceable. CUMMINGS). the U.S. Court of Appeals for the D.C. Circuit Mr. CUMMINGS. I thank the gen- Members of the Oversight and Government Patricia Wald and Georgetown Law Professor tleman for yielding. Reform Committee recognize the compelling and author of the USA Patriot Act Viet Dihn Mr. Speaker, I just want to say that need for granting full representation to the citi- have stated that giving the District a vote is in I wholeheartedly support H.R. 1905, the zens of the District of Columbia. I hope that all fact, constitutional. District of Columbia House Voting of our colleagues in the House will join us, Mr. Speaker, the citizens of Washington, DC Rights Act. and vote in favor of H.R. 1905, the District of are as much red-blooded Americans as any- I echo the words of Mr. PENCE, who Columbia House Voting Rights Act of 2007. body living in the 50 States. just spoke. I think he said it quite pre- To be sure, while I support this bill, I do not They deserve to have their voices heard in cisely and concisely, the citizens of the think it goes far enough. However, this com- the halls of Congress, they deserve a rep- District of Columbia deserve a full promise legislation is a step in the right direc- resentative who can vote on their behalf as right to vote. This bill does not go as tion—a step towards granting residents of the this body debates matters directly affecting far as I would like for it to go; but at District of Columbia the ability to fully express their country and therefore, they deserve to the same time, it is a step in the right their democratic right to vote. This is a historic have this legislation passed today. direction. moment, and I would urge all of my col- Mr. GOODLATTE. Mr. Speaker, at I applaud my colleague, ELEANOR leagues to be on the right side of history by this time I yield 3 minutes to the gen- HOLMES NORTON, for tirelessly giving voting in favor of this bill. tleman from Georgia (Mr. PRICE). everything she has to make this hap- Again, I would like to express my apprecia- (Mr. PRICE asked and was given per- pen. So this is a great day for her and tion to Congresswoman NORTON, Ranking mission to revise and extend his re- a great day for our country and our Member DAVIS, and Chairman WAXMAN, and marks.) Congress. the House Leadership for their dedication in b 1330 Mr. Speaker, I rise today in support of H.R. bringing this vitally important legislation to the 1905, the District of Columbia House Voting floor and for providing us with the opportunity Mr. PRICE of Georgia. Mr. Speaker, I Rights Act of 2007, because the time is long to correct years of disenfranchisement. thank my colleague from Virginia for past due for District of Columbia residents to Mr. CONYERS. Mr. Speaker, I yield his leadership on this and for yielding. gain the right to vote. for the purpose of making a unanimous I want to stipulate at the beginning It is very fitting that we are considering giv- consent request to the gentleman from of this statement that I support ening D.C. residents the right to vote this week. Virginia (Mr. MORAN). franchisement, strongly support en- April 15th marked the 60th anniversary of (Mr. MORAN of Virginia asked and franchisement for the citizens of the Jackie Robinson’s debut with the Brooklyn was given permission to revise and ex- District of Columbia. However, the Dodgers as the first African-American player in tend his remarks.) oath that I take on the first day of our the Majors, and on Monday, D.C. residents Mr. MORAN of Virginia. Mr. Speak- session stipulates that I uphold and de- celebrated Emancipation Day. In keeping with er, I rise in strong support of this bill, fend the Constitution of the United this line of great accomplishments, today we the D.C. Voting Rights Act. States, and I believe firmly that the have the honor, the privilege, and the duty to For too long, the residents of our Nation’s Constitution will not allow this. There correct one of this Nation’s oldest violations of Capital have been without out a full voice in is a process that we will go through for civil rights. Congress. that, and I appreciate it.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3586 CONGRESSIONAL RECORD — HOUSE April 19, 2007 This has been a good debate. It has I believe strongly in the enfranchise- the freest, truest form of representa- been an interesting debate. I want to ment of the citizens of the District of tive government perhaps in human his- point out a section of the Constitution Columbia. tory, deprives only one portion of its that isn’t cited as often as the ones Mr. CONYERS. Mr. Speaker, I yield citizens, a small portion, 500,000 out of that we have heard, and that is article to the gentleman from Maryland (Mr. 300 million, deprives a small portion of I, section 2, the second paragraph, WYNN) for the purpose of making a its citizens of its very own capital a which states, ‘‘No person shall be a unanimous consent request. voice in the national legislature. Representative who shall not, when (Mr. WYNN asked and was given per- Let me add, the United States of elected, be an inhabitant of that State mission to revise and extend his re- America is the only representative de- in which he shall be chosen.’’ marks.) mocracy that does not afford the citi- If there was ever a more clear state- Mr. WYNN. I would like to thank the zens of its capital voting representa- ment in the Constitution, I don’t know distinguished chairman. tion. Thus, this is not only a national what that is. Mr. Speaker, I rise in support of D.C. disgrace, but an international embar- But I also want to talk about this voting rights on behalf of the Fourth rassment, and the American people and sense of one person-one vote. I am very Congressional District of Maryland, Members here on both sides of the aisle troubled by what we hear from our suburban neighbors of the citizens of recognize this injustice and want to friends on the other side of the aisle the District of Columbia, out in Prince remedy it. That is what this legislation that this upholds one person-one vote, George’s and Montgomery Counties. is about. because I would suggest to you, reading We fully and wholeheartedly support In fact, 82 percent of respondents in a the bill and understanding what it does full D.C. voting rights. recent national poll indicated that Mr. CONYERS. Mr. Speaker, I yield in both the Utah situation and in the residents of the District of Columbia 30 seconds to the distinguished major- District of Columbia, that it provides should have representatives that can ity leader, the gentleman from Mary- for more than one person and one vote. vote in the Congress. And I should note land (Mr. HOYER). that legislation virtually identical to In the Utah instance, for example, it (Mr. HOYER asked and was given provides that the State of Utah gets this bill was reported out of the Repub- permission to revise and extend his re- lican-controlled Government Reform one extra Representative, which means marks.) that the individuals in Utah vote for Committee in the last Congress when Mr. HOYER. Mr. Speaker, this legis- the committee was chaired by Mr. two people, which means they have lation is a critical step in support of more authority than citizens in my dis- DAVIS of Virginia, who is a cosponsor of democracy. This legislation is impor- this legislation. Mr. Jack Kemp, a trict and other districts who aren’t in tant legislation. The District of Colum- Utah. And in the District of Columbia, former colleague of ours, a leader in bia House Voting Rights Act is de- this Congress, a vice presidential nomi- this bill would provide for a Represent- signed to do one thing, to address and ative in the House of Representatives, nee of the Republican Party, has rectify the unjustified disenfranchise- strongly urged the passage of this piece but also a Delegate. Also a Delegate. ment of more than 500,000 citizens of So citizens in the District of Columbia of legislation. our country, whose only distinction be- The truth is, the absence of represen- would have representation from two tween any of us who sit on this floor, tation in Congress for District citizens different individuals in the House and other than the distinguished represent- underscores the failure of the Congress in the Committee of the Whole. ative of the District of Columbia, EL- to use the authority vested in it by the So I would suggest, Mr. Speaker, as EANOR HOLMES NORTON, is that they Constitution of the United States to Mr. Rodino, the Democrat Chair of the live in a few square miles designated by correct this injustice. The authority I Judiciary Committee stated in the 95th their country, gifted by the State of refer to, of course, is article I, section Congress, ‘‘If the citizens of the Dis- Maryland, as our Nation’s capital. 8 of the Constitution, the so-called seat trict are to have voting representation Since 1801, when Washington, D.C., of government clause, under which, and in the Congress, a constitutional became this Nation’s capital, the citi- I quote, ‘‘The Congress shall have amendment is necessary, is essential. zens of the District of Columbia have power to exercise exclusive legislation Statutory action alone will not suf- not had representation in the Congress. in all cases whatsoever over the Dis- fice.’’ Let me speak briefly of that, because trict of Columbia.’’ So I would ask my friends on the although I have not heard all of the de- Now, I asked my friend, the gen- other side of the aisle, what changed? bate, I am sure the Constitution has tleman from Georgia (Mr. PRICE) who What changed? Was Mr. Rodino wrong? been referenced that Representatives talked about needing to do this I think not. I think not. I think there shall represent citizens of the several through a constitutional amendment, I is a statutory way to do it, and that is States. said, would you support a constitu- through retrocession. I think there is a Let there be no mistake, every resi- tional amendment? He said ‘‘no’’; his constitutional way to do it, by amend- dent of the District of Columbia is a view was, only if the District of Colum- ing the Constitution. successor to citizens of the several bia were given back to Maryland and I would suggest to my friends on both States in 1800. I don’t mean that every the District of Columbia residents were sides that H.R. 1905 does neither of one of them is a direct descendant, ob- told, you are no longer residents of the those and violates sincerely the prin- viously, but politically they were part District of Columbia, you are residents ciple of one-person, one-vote. of the several States, unlike all four of Maryland. Mr. HOYER. Mr. Speaker, will the others of the representatives who can- I suggest if you ask the residents of gentleman yield? not vote. They are distinguished and Virginia or Delaware or Pennsylvania, Mr. PRICE of Georgia. I yield to the discrete in that regard. That, I suggest which are contiguous States to our be- gentleman from Maryland. to you, is wrong. loved State of Maryland, they would Mr. HOYER. Mr. Speaker, I appre- It is wrong as a matter of principle say, thank you, but no thanks. We like ciate the gentleman’s observation, but because District citizens pay Federal being Pennsylvanians or Delawarians as you know, I schedule legislation for taxes, sit on juries, serve in our Armed or Virginians. the floor in my capacity as the major- Forces and give their lives for their The District of Columbia residents ity leader. country, as do other Americans who are proud of their jurisdiction. They May I ask my friend, if this came to enjoy full representation in this body. are proud of being citizens of the Dis- the floor as a constitutional amend- It is wrong politically because District trict of Columbia. What they want to ment, would my friend be supportive of citizens since 1801 have effectively been have is full democratic representation. that constitutional amendment? a ward of Congress. Very frankly, I Plain and simple, this sweeping lan- Mr. PRICE of Georgia. Mr. Speaker, don’t think the citizens of Maryland guage gives Congress extraordinary reclaiming my time, I appreciate my intended that or the citizens of any and plenary power over our Nation’s colleague’s question, but I think that other State of the Union when they ac- capital city, including the authority to is not the appropriate way to go. quired the District of Columbia. adopt legislation to enfranchise the However, I strongly support retroces- And it is wrong morally, because the District’s 550,000 residents with a full sion to the State of Maryland, because United States of America, which has vote in the House of Representatives.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3587 I am not alone in my view of this ar- I wonder if the gentleman, having Mr. Speaker, I reserve the balance of ticle. Twenty-five legal scholars from posed the question about the constitu- my time. law schools, and I am sure this has al- tional amendment, would respond to Mr. CONYERS. Mr. Speaker, I yield ready been discussed by our distin- the question, if this is ruled unconsti- to the gentlewoman from Texas (Ms. guished chairman and the extraor- tutional, as many of us think it is, EDDIE BERNICE JOHNSON) for a unani- dinarily able Representative and out- would the gentleman bring to the floor mous consent request. standing lawyer and law professor who legislation that would do something (Ms. EDDIE BERNICE JOHNSON of represents the District of Columbia, similar for the portions of the District Texas asked and was given permission my good friend ELEANOR HOLMES NOR- of Columbia, excepting key govern- to revise and extend her remarks.) TON, have already pointed this out. ment buildings, so that the citizens Ms. EDDIE BERNICE JOHNSON of Even Kenneth Starr, a distinguished would have the opportunity to vote Texas. Mr. Speaker, I rise in support of lawyer, I have disagreed with him pret- with the citizens of his State, Mary- H.R. 1905. ty strongly on some things, but the land, for whom he can speak with some I rise today in support of H.R. 1905, the Dis- former conservative jurist and current regard? trict of Columbia House Voting Rights Act of dean of Pepperdine Law School, has Mr. HOYER. I will certainly seek to 2007. I congratulate my colleagues for their concluded that Congress has the au- enfranchise the citizens on a con- courage and veracity to consider this measure thority under article I, section 8, to do tinuing basis until that is accom- and support its passage after 231 years of in- this. plished. justice. Since the birth of our Nation the resi- Now, do I delude myself that this is Mr. GOODLATTE. I would ask the dents of the District of Columbia have been not going to be brought before a dis- gentleman further, if when the court, deprived of their fundamental Federal rights, trict court or a circuit court or the Su- and I hope the court does, determines despite paying their Federal taxes. I would like to thank Congresswoman preme Court? No, I do not. That is ap- that this is unconstitutional, if in get- ELANOR HOLMES NORTON from the District of propriate. That is available to resi- ting to that process, recognizing there Columbia for her leadership and tenacity. dents. They can do that, and the court are going to be lots of uncertainties if Since elected to Congress in 1996, Congress- will ultimately have to rule. However, this bill were passed and signed into woman NORTON has consistently fought for this is an opportunity for us on this law, both for citizens of Utah, for the voting representation in the United States floor to make a stand for democracy, District of Columbia and for the oper- Congress. to extend to these 550,000 people the ciation of the Congress as a whole, if he Our democracy and our values as Ameri- vility and respect we would expect for would join with us in supporting an ex- cans are contingent upon the idea that every ourselves. pedited judicial review to receive a person should have the right to vote and have That Congress has for two centuries prompt determination of the constitu- that vote counted. The citizens of the District failed to use its authority to correct an tionality of this legislation? of Columbia have not been able to fully realize injustice is no reason to persist in that Mr. HOYER. I believe this will be this right. While they are able to vote in presi- failure today. It is always timely to do tested, as I said before. Many on your dential election yet their voice in the body of the right thing. side of the aisle have indicated that. If the House of Representatives has too often This institution exists, after all, to that is the case, I would hope it would been silenced. This is in direct opposition of eliminate injustice and to make our be expedited. the values of equality and opportunity that we Nation ‘‘a more perfect Union.’’ How I believe this is constitutional, and I much more perfect can we make the hold so dearly as American citizens. certainly think, based upon that con- Mr. Speaker, I urge my colleagues to give Union than to include all of our people viction, I would hope the court would the District of Columbia residents a vote in as full citizens within that Union? sustain that view. We, the Members of this House, must Congress. I hope we could finally grant the 1345 never, never be seduced into thinking b residents of the District of Columbia the voice there is no such thing as a settled in- Mr. CONYERS. Mr. Speaker, I yield that they deserve. 15 seconds to my colleague from Mary- Mr. CONYERS. Mr. Speaker, I yield justice within our authority but be- to the gentlelady from Florida (Ms. yond our duty to correct. For an injus- land (Mr. HOYER). CORRINE BROWN) for a unanimous con- tice planted two centuries ago is just Mr. HOYER. Mr. Speaker, this is a serious matter. It is my understanding, sent request. as harmful to what America aspires to (Ms. CORRINE BROWN of Florida I am now told, I have not seen your be today as one planted last year or asked and was given permission to re- motion to recommit; I have no inten- last week. vise and extend her remarks.) Mr. Chairman, as Frederick Doug- tion of supporting your motion to re- Ms. CORRINE BROWN of Florida. lass, who spent his final years just a commit. Mr. Speaker, I rise to indicate that I few blocks from where I stand today, This bill has a long way to go. I hope will be voting ‘‘yes’’ on H.R. 1905 and said, ‘‘Man’s greatness consists in his it passes this House, I hope it passes that I have supported it for 15 years, ability to do and the proper application the Senate, I hope it passes the con- and I am very happy to be supporting of his powers to things needed to be ference, and I hope the President signs the doing away with the disenfran- done.’’ it. chisement of the people of the District We need to make the citizens of this My response to you was a fair re- of Columbia. Nation’s capital full citizens of the sponse. But the question was to get me I want to thank the Gentlelady from the Dis- on the record on your motion, appar- United States of America. trict of Columbia, Ms. NORTON, Chairman ently, and I will tell my friend from Mr. GOODLATTE. Mr. Speaker, I CONYERS, and the Gentleman from Virginia 1 2 Virginia, who disagrees with my other yield myself 1 ⁄ minutes, and I would Mr. DAVIS for working very hard to bring the like to pose a couple of questions to friend from Virginia, Mr. DAVIS, on vote to the residents of the District of Colum- the distinguished majority leader. this issue, that I have every intention bia. I have listened to his historical dis- of opposing the motion to recommit. I rise today in support of this legislation. course. As the gentleman knows, Alex- Mr. GOODLATTE. Mr. Speaker, I This country’s history is replete with certain ander Hamilton, one of our Founding yield myself 15 seconds to respond. groups being denied the right to vote. Fathers, offered an amendment during I would say, with due respect to the Being from Florida, I understand about dis- the writing of our Constitution that majority leader, the motion to recom- enfranchisement. It is something I fight against would have provided voting rights to mit was offered as an amendment. No and oppose every day. Disenfranchisement the citizens of the District of Colum- amendments were made in order, so it did not end with the passage of the Voting bia. It was defeated and not included in is our only recourse to offer it in those Rights Act, and it will not end when the resi- our Constitution. At that time, both circumstances. I take the gentleman’s dents of the District of Columbia finally get the portions of Maryland and portions of statement as his word that he is going right to vote. It is a continual fight, needing Virginia were included in a 100-square- to oppose it for valid reasons, but I eternal vigilance to protect. mile area, and in 1846, the portion that frankly see no valid reasons why we This bill will go a long way in righting the had come from Virginia was ceded back should not have expedited review of wrongs that have been perpetuated on the to Virginia. this legislation. American people for too long.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3588 CONGRESSIONAL RECORD — HOUSE April 19, 2007 This bill ends the 206-year-old injustice of we want to take the word ‘‘state’’ in cans who have fought and died in ‘‘taxation without representation’’ for over a the U.S. Constitution and change it to Iraq.’’ half a million District residents. Residents of something else. Now, that does happen And today’s vote will erase the slan- the District of Columbia serve in the military, with the Supreme Court from time to der that the Founders of our country pay billions of dollars in Federal taxes each time; they give a new definition to the who staged the revolution for represen- year, serve on juries, and assume other re- word. I don’t know if they will give a tation would then deny it to the resi- sponsibilities of U.S. citizenship. And yet, for new definition to the word ‘‘state’’ and dents of their own capital. over 200 years, they have been denied full apply it to the State of D.C. or not. We Professor Viet Dinh, President voting representation in the Congress. The shall see, probably, if this legislation Bush’s former point man on constitu- United States is the only democracy in the passes. tional matters, has wiped away the world that deprives the residents of its capital But I think the better avenue would major argument that because the Dis- city full voting representation in the national be to file a constitutional amendment. trict is not a State its American citi- legislature. Essentially, residents of every No question about it. A constitutional zens cannot vote in the people’s House, State have a vote regarding the laws that gov- amendment cannot be ruled unconsti- by detailing the many ways in which ern the District, while those living in the Dis- tutional even by our Supreme Court. ‘‘since 1805 the Supreme Court has rec- trict itself do not. And I think that is the better way to ognized that Congress has the author- Support the right to vote. Support voting proceed. I think this piece of legisla- ity to treat the District as a State, and rights for the residents of the District of Co- tion for the reasons stated by many Congress has repeatedly exercised that lumbia. Support H.R. 1905. people is unconstitutional and it authority.’’ My favorite is the six- Mr. CONYERS. Mr. Speaker, I yield should not pass. teenth amendment, which requires now to a member of the Judiciary Com- Let’s do it the right way, the proper only that citizens of States pay Fed- mittee, Mr. STEVE COHEN of Tennessee, way, and of course the moral way: file eral income taxes. Why then have Dis- for 30 seconds. a constitutional amendment. trict residents continuously been taxed Mr. COHEN. Mr. Speaker, we had dis- The SPEAKER pro tempore. The gen- without representation? tinguished speakers on both sides of tleman from Virginia has 30 seconds re- And today’s vote will relieve the this issue argue the constitutionality maining; the gentleman from Michigan House of the shameful racial burden in the Judiciary Committee, both con- has 63⁄4 minutes remaining. that has been at the core of the denial servative and liberal members on each Mr. CONYERS. Mr. Speaker, I now of the rights of D.C. citizens. Congress side, and they both gave arguments it yield 1 minute to DANNY DAVIS, the dis- required the same racial segregation was constitutional. tinguished Member of Congress from Il- here as in the Southern States, in In baseball, the tie goes to the run- linois. schools and in public accommodations, ner, and it goes to the runner because Mr. DAVIS of Illinois. Mr. Speaker, I until the 1954 Brown decision. As one the runner is trying to make an ad- rise in strong support of the District of Southern Senator put it: ‘‘The Negroes vancement, trying to score, trying to Columbia’s Voting Rights Act. As flocked in, and there was only one way make progress. And I would submit, chairman of the Subcommittee on the out, and that was to deny suffrage en- Mr. Speaker, that this is progress. This Federal Workforce Postal and the Dis- tirely to every human being in the dis- is an advancement to allow the enfran- trict of Columbia, I have listened close- trict.’’ chisement of these people who have ly to the debate, and I am firmly and Former Republican Senator Edward been denied the vote and their ances- thoroughly convinced that every proce- Brooke, a native Washingtonian and tors for many years. The tie should go dural concern has been met, every ra- the Nation’s first popularly elected to the runner, we should pass this bill, tionalization has been met with logic, black Senator, wrote: ‘‘The experience and I am proud to vote for it today. Mr. GOODLATTE. Mr. Speaker, at and every constitutional question has of living in a segregated city and of this time I am pleased to yield 2 min- withstood its challenges. serving in our segregated Army per- utes to the gentleman from Texas (Mr. The only question before us now is: If haps explains why my party’s work on not now, then when? If not us, then the Voting Rights Act reauthorization POE). Mr. POE. Mr. Speaker, I appreciate who? last year and on the pending D.C. the opportunity and the time to make The real deal is that the people of the House Voting Rights Act has been so some brief comments on this legisla- District of Columbia have waited far important to me personally. The irony, tion. too long. Justice delayed is justice de- of course, is that I had to leave my The debate has been, as said pre- nied. We must correct this injustice hometown to get representation in viously, lively and very good. And it is and do it today. I urge passage of this Congress and to become a Member.’’ good that we are actually having a bill legislation. Today, I ask the House to abolish presented to this Congress where the Mr. CONYERS. Mr. Speaker, it is that irony and the tragedy for the issue is whether it is constitutional or now time for us to hear the Delegate many who have come to the Nation’s not. Too often this House seems to run from the District of Columbia. I am Capital seeking freedom for 206 years, through legislation. A lot is men- honored to yield to ELEANOR HOLMES among them my great grandfather, tioned, a lot is said on this House floor, NORTON 5 minutes. Richard Holmes, a slave who ran away but the issue of whether it stands mus- Ms. NORTON. Mr. Speaker, I thank from a Virginia plantation in the 1850s ter with our Constitution is not said. the distinguished chairman for yield- and settled our family here. I appeal to For the last 30 years, I have been in ing and for his ceaseless fight for the your conscience and ask for your vote the legal profession, 8 years as a trial District’s rights. During the rule, I so that finally there also will be a vote lawyer and 22 years as a trial judge in thanked the many others who are re- for your fellow Americans here who the State of Texas. And the issue al- sponsible for this historic day. have paid for this precious right many ways in court, especially in criminal Today’s vote will allow the House to times over in blood and in treasure. cases, is: Is it constitutional what oc- erase many deep historic wrongs from I thank the gentleman for yielding. curs in that courtroom? That is always the Nation’s conscience. As the House Mr. GOODLATTE. Mr. Speaker, I the question of the day. And I think votes, District’s residents are serving yield myself the balance of the time that is the question of today as well. in Iraq and Afghanistan in a shooting and simply say that I think this has I respect the remarks of the majority war, as they have in every war, includ- been an excellent debate. I think there leader on his comments about how iming the war that established our Re- is good faith on both sides. But I do be- portant it is for the folks in Wash- public. lieve very, very strongly, as do I think ington, D.C. to have the right to vote Andy Shallal, a District resident, many, many other people, that this is for a Member of Congress. I couldn’t said it best: ‘‘People like me of Iraqi the wrong way to go about correcting agree with him more. It is the moral ancestry and even my son, who was the lack of a vote for residents of the decision as well as an appropriate deci- born in the United States, are entitled District of Columbia, which the other sion for us to make, at some time. to vote in Iraq elections due in large side has clearly pointed out should be But under this current piece of legis- part to the service of the citizens of the corrected. But there are correct ways lation, it is not constitutional, unless District of Columbia and other Ameri- to do it. An amendment to the United

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3589 States Constitution, what Virginia did taxes in the Nation, but do not have a vote on to disenfranchise my constituents and the resi- with recession of the land to Maryland those taxes; who have served and died in dents of the other territories. and allowing the citizens to vote in every war our country has fought, but do not However, our time for this has not yet come. Maryland are both good solutions. have a vote to authorize a war; and who, in But the time for the citizens of the District of We should defeat this ill-conceived 2007, still do not have a voting representative Columbia has come and is very long overdue. and unconstitutional legislation be- in the U.S. Congress. The residents of the District have labored cause the plain meaning of the Con- H.R. 1905, the District of Columbia House under this undemocratic status and have been stitution, the words of the Constitu- Voting Rights Act, will not only add full and silenced for more than 200 years. That is 200 tion, cannot be altered by this House. unfettered voting power for the Representative years of justice delayed and justice denied. And if we start doing that, we are in- from the District of Columbia, it also adds a Presidents as far back as Andrew Jackson deed betraying our oaths. Defeat this new Congressional District in Utah. This bill, have advocated for full representation in Con- legislation and do it right. the manifestation of hard, tough, bipartisan ne- gress for the District, and much later, Presi- Mr. CONYERS. Mr. Speaker, I yield gotiations, finally provides fairness and justice dent Richard Nixon in a special message to myself the balance of the time remain- that has been denied for more than two cen- the Congress on the District of Columbia in ing on our side. turies to the citizens of Washington, DC. For 1969 said, ‘‘It should offend the democratic I begin by commending my col- more than two centuries and a half, while our sense of the Nation that the 850,000 residents leagues in the Congress on the debate country has made democracy our global of its capital, comprising a population larger that has occurred today. It has been mantra, citizens in the Nation’s Capital have than 11 of its States, have no voice in Con- civil, it has been honest, and the dis- not had a voice. For more than two centuries gress.’’ As such, the District expends billions agreements, both constitutionally and and a half, citizens in the Nation’s Capital of dollars annually to support not only its own otherwise, have been very clearly have been muted and marginalized. The Dis- residents but the hundreds of thousands of spread upon the record. trict of Columbia Voting Rights Act is a step in daily commuters who work in District of Co- And why is that so? Well, because we the right direction, empowers the citizens of lumbia but live in the bordering states. The had the same debate 27 days ago. That Washington, DC, and finally allows for the citi- District of Columbia’s resources and infrastruc- is why. We have all been through this zens of Washington, DC to fully embrace and ture are burdened on a daily basis with no fi- for every argument, for every constitu- enjoy the fruit of their labor, taxes, and dili- nancial assistance from the bordering states tional expert opinion that is regularly gence to our country. that benefit from these services. For all intent volunteered. I am pleased that the wisdom of 240 of my and purposes, the District of Columbia is treat- And, look, I have articulated my be- colleagues prevailed in this vote, and I look ed as a state. lief that a measure that we are debat- forward, like the vast majority of my col- Mr. Speaker, I look forward to the day when ing is unconstitutional as frequently as leagues, to quick action in the Senate and to all citizens under the American flag will enjoy anybody on the other side. I don’t President Bush signing this bill into law as the democratic right of full representation in know what our collective batting aver- soon as possible. I applaud the work of Con- their national assembly as well as vote for our President and Commander-in-Chief. Until that ages of being accurate are, but that is gresswoman ELEANOR HOLMES NORTON, Con- day, I look forward to soon witnessing the day for the courts to decide, and I think gressman TOM DAVIS, and the collective bi- when residents of the District of Columbia, that we all agree to that. partisan effort to preserve the principle of fair, residents of the capital of our Nation, finally The District of Columbia residents equal representation. want no more than what the Founding Mrs. CHRISTENSEN. Mr. Speaker, I once receive fair and equal voting rights in the Fathers wanted. And, by the way, for again rise in strong support of H.R. 1905, leg- House, the day that they will finally have jus- those who wonder why we didn’t make islation which will enable the residents of the tice. I urge my colleagues to support the District them a State right off the bat, at that District of Columbia to secure full voting rights of Columbia Equal House Voting Rights Act of time there may have been 150 people in the House of Representatives. I applaud my 2007 and end taxation without representation living in this swampy area that is now friend and colleague, the gentle lady from the for our fellow citizens in the District of Colum- known as D.C. We didn’t have anybody District for her strong and persistent advocacy to make citizens. bia. and leadership on this issue which is so im- Mr. WAXMAN. Mr. Speaker, today we are So join me, join us in this historic portant to her constituents. considering a bill that will help bring democ- moment and pass the bill. It is high Mr. Speaker, we Democrats have long been racy to the District of Columbia. H.R. 1905, time. committed to providing full voting rights to the the District of Columbia House Voting Rights Ms. KILPATRICK. Mr. Speaker, our country, residents of the District, and I am proud to Act of 2007, will grant the District of Columbia our Declaration of Independence, and our stand here as a Democrat speaking out for a full vote in the House of Representatives. Constitution are all based on a promise. The this right as well. But, I would also like to ac- District of Columbia residents have been de- promise in the Declaration of Independence is knowledge that on this issue there has been nied full representation in Congress for over that taxation without representation was, and strong support across the aisle. 200 years. District residents pay billions of dol- is, wrong. The promise in our Constitution is Our colleague, former Government Reform lars in federal taxes yet get no vote in Con- that all citizens of this country have ‘‘certain Committee Chairman TOM DAVIS, worked with gress. District residents have fought in every inalienable rights’’ and it is the job of Con- Congresswoman NORTON to develop bipar- war our Nation has faced yet get no vote in gress to secure those inalienable rights. H.R. tisan agreement on legislation to give one vot- the House of Representatives. This bill will 1905, the District of Columbia House Voting ing representative to the mainly Democratic help right this longstanding injustice. Rights Act, would secure those rights for the District of Columbia, and another to the largely There have been two champions of this leg- hard working, tax paying citizens who, merely Republican State of Utah. This effort led to the islation who deserve recognition. Congress- because they live in the Nation’s Capital, do introduction of the District of Columbia Fair woman NORTON has worked tirelessly on be- not have a voting representative in the U.S. and Equal House Voting Rights Act, last year half of her constituents to forge a compromise Congress. and the reintroduction of this bill in this Con- that has bipartisan support. Representative We enjoy many rights as Americans. The gress. TOM DAVIS, the Ranking Minority Member of right to vote and the right to equal representa- Mr. Speaker, as a Delegate in the House the Oversight and Government Reform Com- tion is perhaps the most sovereign right that also without a vote, I must acknowledge the mittee, has led the charge for voting rights for we as Americans have. In my own personal fact that my constituents, and indeed the con- the District. history as an activist, I was an active and ag- stituents of our colleagues from Guam, Amer- The District of Columbia House Voting gressive participant to secure these rights for ican Samoa and Puerto Rico, also would want Rights Act includes a number of important pro- all Americans. Indeed, some of our colleagues their representative to have a full vote in the visions. It will increase the size of the House in Congress today were jailed and beaten to House as well. We recognize and acknowl- by two seats. One seat will go to the District protect these civil freedoms. Unfortunately, too edge, as do the constitutional scholars who of Columbia and the other to Utah, the next many died for this cause. The sacrifices of testified in support of the DC Voting Rights state in line to get a congressional seat. The these individuals and organizations, along with Act, that the Framers of the Constitution never bill also prevents partisan gerrymandering by the basic, essential sense of freedom and jus- intended to deny voting representation to citi- creating the new seat for Utah as an at-large tice, is a clarion call and underscores our obli- zens of the Nation’s Capital. Similar, we also seat and by ensuring that Utah does not redis- gation to the more than 600,000 citizens of know that just as it is wrong to disenfranchise trict its other congressional seats until after the Washington, DC who pay some of the highest the residents of the District it is equally wrong apportionment following the 2010 census.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 9920 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3590 CONGRESSIONAL RECORD — HOUSE April 19, 2007 H.R. 1905 also contains a nonseverability opinions of people who unquestionably are ex- their country and therefore, they deserve to clause providing that if a court holds one sec- perts, I am not convinced the opponents are have this legislation passed today. tion of this bill invalid or unenforceable, all right on that point. Mr. SHAYS. Mr. Speaker, as a longtime other sections will be invalid or unenforceable. As I said, the Constitution gives Congress supporter of the District of Columbia House This is an important safeguard because it very broad power to legislate regarding the Voting Rights Act, I am pleased we are mov- means that no part of this bill can have legal District of Columbia. And, as noted in the Judi- ing quickly to consider this legislation, to finally effect unless the entire bill does. Under this ciary Committee’s report on this bill, many give Washington, DC voting rights in the legislation, Utah cannot be granted a seat in Constitutional experts say that this power in- House of Representatives. the House without the District also being cludes the power to restore to DC residents This bill would establish the District of Co- granted a seat or vice versa. the right to vote for a Member of the House lumbia as a congressional district and thus H.R. 1905 is a step in the right direction to- of Representatives that existed from 1790 until grant the citizens of the District representation ward providing the residents of the District fair 1800. in Congress. representation in Congress. I urge all of my In short, their view is that a right given by The legislation also would grant an addi- colleagues to join me in supporting this legis- Act of Congress in 1790, then removed by an- tional congressional seat to Utah based on the lation. other Act of Congress in 1800, can be re- results of the 2000 Census. Mr. UDALL of Colorado. Mr. Speaker, I am stored by a third Act of Congress in 2007. I Unlike some previous versions of this legis- a cosponsor of this legislation and I urge its find that persuasive, and so I will vote for this lation, H.R. 1905 would make these two seats approval. bill even though it is likely that this interpreta- permanent. The bill will provide residents of the District tion of Congressional authority will be tested in The Oversight and Government Reform of Columbia (DC) with full representation in the courts. Committee has led the charge on granting the the U.S. House of Representatives by perma- Mr. MORAN of Virginia. Mr. Speaker, I rise city of Washington, DC the right to have a full nently expanding the House from 435 to 437 today in support of the District of Columbia vote in the House of Representatives. seats, with one of the new seats allocated to House Voting Rights Act. The citizens of the District pay federal taxes, DC and the other to the State next entitled to For too long, the residents of our Nation’s so it is only right they have a say in federal increase its congressional representation. Capital have been without a full voice in Con- affairs. Based on the 2000 Census, Utah is the State gress. Mr. Speaker, I urge the support of this im- next entitled to increase its congressional rep- The District of Columbia is home to over portant and historic legislation. resentation, so Colorado’s western neighbors 570,000 residents. It has a larger population Mr. VAN HOLLEN. Mr. Speaker, I rise today will gain that seat. than Wyoming, which is represented by an at- to support this important bill—the DC Voting As we all know, Mr. Speaker, the Constitu- large member in the House and two Senators. Rights Act. tion authorizes Congress to ‘‘exercise exclu- The men and women of the District of Co- It is long past time to pass this legislation. sive jurisdiction in all cases whatsoever’’ over lumbia pay their taxes, both to the Federal It is not a question of politics or political ad- the seat of government—that is, the area Government and the District. They salute the vantage, it is a question of civil rights—it is a ceded to the Federal Government and now American flag at Nationals, Wizards, Caps and question of whether we believe that those known as the District of Columbia. But I think Redskins games. And they serve or have people who live in the city that houses our residents of DC should be able to govern served in the Armed Forces. DC is home to Democratic institutions, who often work in the themselves—like residents of Colorado—to over 44,000 veterans. In Iraq and Afghanistan, Federal government, deserve equal represen- the maximum extent consistent with allowing four brave men have made the ultimate sac- tation in our legislative body. the Federal Government to operate. And the rifice for their country. There is simply no excuse to deny the hun- fact is that right now more than half a million Yet despite being an integral part of the fab- dreds of thousands of residents of our Capital people living in DC lack an essential element ric of our Nation, DC continues to be denied City the right to equal representation in the of self-government—full representation in the a vote in Congress. United States Congress. They are citizens in House of Representatives. So, while residents Today we are considering compromise, par- every way. They pay the same federal taxes of Colorado and every other State have a vote tisan legislation coauthored by my friends and as anyone else, can serve in the armed regarding the laws that govern DC, the Amer- colleagues Delegate ELEANOR HOLMES NOR- forces, and are subject to the same laws of ican citizens living there do not. TON and Rep. TOM DAVIS. From his position on the land. What a terrible message we send Interestingly, this has not always been the the Government Oversight Committee Con- when the people in the capital of the world’s case. The decision to locate the ‘‘seat of gov- gressman DAVIS has spent considerable time greatest democracy do not have a vote in the ernment’’ on the Potomac was made by the and attention on issues affecting the District. people’s House. First Congress through enactment of the Resi- And there is no stronger advocate for her con- I have the privilege or representing the dis- dence Act. And for a decade—from 1790 to stituents than the gentlewoman from DC. trict right next to Washington, DC, and it is 1800—District residents were able to vote in I compliment the bill’s sponsors for crafting simply wrong that when you cross the border Congressional elections in Maryland and Vir- a thoughtful approach and a clever com- from my district into Washington, DC, you go ginia, even though they were not citizens of promise that grants Utah an at large rep- from a district where you have voting rep- those states, because of Congressional action resentative to balance any potential partisan resentation to one where you do not. recognizing and ratifying the ceding states’ division. It keeps this proposal bipartisan and Mr. Speaker, we have before us a bipartisan laws as the applicable law for the now-federal improves its prospects for favorable Senate compromise that extends full voting rights to territory until further legislation. action. I hope the White House will rethink its our neighbors here in the District. I urge my However, in 1800 Congress passed a dif- current concerns and join our bipartisan coali- colleagues to support this bill and finally end ferent law for DC, and since then DC resi- tion to affirm the District’s right to vote. taxation without representation. dents have been denied voting representation Some who oppose this legislation have stat- Mr. KIND. Mr. Speaker, I rise today to pro- in Congress—the very entity that has ultimate ed that it raises constitutional concerns. But, vide my strong support for H.R. 1905, The authority over all aspects of the city’s legisla- as was stated in a recent oped by the Repub- District of Columbia House Voting Rights Act tive, executive, and judicial functions. And as lican DC Councilwoman Carol Schwartz, no of 2007. Ensuring that all citizens have the op- early as 1801, the citizens of Alexandria peti- less conservative scholars than former solicitor portunity to participate in our democracy is a tioned Congress to create a functioning DC general Kenneth Starr, former chief judge of responsibility I take very seriously and H.R. municipal government and restore its resi- the U.S. Court of Appeals for the DC Circuit 1905 is one legislative measure that seeks to dents’ representation in the House of Rep- Patricia Wald and Georgetown Law Professor achieve this objective. resentatives. Over the years Congress did act and author of the USA PATRIOT Act Viet Dinh We take pride as a Nation for the numerous to create a DC municipal government, but its have stated that giving the District a vote is in freedoms extended to our citizens; however, residents remain without voting representation fact, constitutional. the United States is the only democracy in the in Congress. This bill would remedy that. Mr. Speaker, the citizens of Washington, DC world that deprives the residents of its capital Some of the bill’s opponents argue that it is are as much red-blooded Americans as any- full voting representation in the legislature. For not constitutional because representation in body living in the 50 states. the past 200 years, District of Columbia resi- Congress is reserved for Americans who live They deserve to have their voices heard in dents have fulfilled their responsibility as citi- in one of the 50 States. I am not a lawyer, and the halls of Congress, they deserve a rep- zens in countless ways such as serving in the do not claim to be a constitutional expert. But resentative who can vote on their behalf as military, paying federal taxes and serving on after careful review of the matter, including the this body debates matters directly affecting juries. Their rights should now be extended to

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3591 include having a voice in the United States gate or Resident Commissioner to the Con- legislative body.’’ The creation of a Congress. gress) or Senate shall have the right to in- new House Member to represent a non- There is no place in our democracy for the tervene either in support of or opposition to State constitutes neither an apportion- the position of a party to the case regarding 206-year-old injustice of ‘‘taxation without rep- ment nor something relating to a the constitutionality of the provision or statewide legislative body. The 14th resentation’’ for the over half a million District amendment. To avoid duplication of efforts residents. With 82 percent of our Nation’s citi- and reduce the burdens placed on the parties amendment itself makes clear that ap- zens in support of expanding this fundamental to the action, the court in any such action portionment is a concept that only ap- right to vote to all citizens, the time is now to may make such orders as it considers nec- plies to States. correct this injustice and restore democracy in essary, including orders to require interve- Also, nothing in 28 U.S.C. section 1253 our Nation’s capital. nors taking similar positions to file joint pa- requires the Supreme Court to ever Mr. Speaker, I urge my colleagues to cap- pers or to be represented by a single attor- hear the case, and absent a statutory ney at oral argument. italize on this opportunity to extend to District requirement, the Supreme Court re- (c) CHALLENGE BY MEMBERS OF CONGRESS.— tains the discretion regarding whether residents an entitlement cherished so deeply Any Member of Congress may bring an ac- by citizens of the United States—the right to and when to a hear a case. tion, subject to the special rules described in In contrast, the motion to recommit vote. subsection (a), for declaratory or injunctive requires that the case be brought in relief to challenge the constitutionality of b 1400 any provision of this Act or any amendment the District of Columbia before a The SPEAKER pro tempore. All time made by this Act. three-judge Federal district court with for debate has expired. Mr. SMITH of Texas (during the read- direct appeal to the Supreme Court. The motion to recommit provides that Pursuant to House Resolution 317, ing). Mr. Speaker, I ask unanimous ‘‘It shall be the duty of the United the bill is considered as read and the consent that the motion to recommit States District Court for the District previous question is ordered. be considered as read and printed in of Columbia and the Supreme Court of The question is on the engrossment the RECORD. the United States to advance on the and third reading of the bill. The SPEAKER pro tempore. Is there docket and to expedite to the greatest The bill was ordered to be engrossed objection to the request of the gen- possible extent the disposition of the and read a third time, and was read the tleman from Texas? action and appeal.’’ third time. There was no objection. Professor Jonathan Turley, someone MOTION TO RECOMMIT OFFERED BY MR. SMITH The SPEAKER pro tempore. Pursu- the majority consults frequently for OF TEXAS ant to the rule, the gentleman from his views, said in his testimony offered Mr. SMITH of Texas. Mr. Speaker, I Texas is recognized for 5 minutes in at the Judiciary Committee’s hearing offer a motion to recommit. support of his motion. on the first of three versions of this bill The SPEAKER pro tempore. Is the Mr. SMITH of Texas. Mr. Speaker, let that were introduced, ‘‘Permit me to gentleman opposed to the bill? me be clear. Any Member who votes for be blunt, I consider this act to be the Mr. SMITH of Texas. I am in its cur- this bill is voting to grant D.C. resi- most premeditated unconstitutional rent form. dents more voting power in the House act by Congress in decades.’’ The SPEAKER pro tempore. The of Representatives than any of their As Professor Turley also pointed out, Clerk will report the motion to recom- own constituents now enjoy. That is the inevitable legal challenge to this mit. because this latest version of the bill bill could produce legislative chaos. The Clerk read as follows: fails to eliminate the position of D.C. With a relatively close party division Mr. Smith of Texas moves to recommit the Delegate. in the House, the casting of a deter- bill H.R. 1905 to the Committee on the Judi- The D.C. Delegate can, of course, minative vote subsequently held in- ciary with instructions to report the same vote in committee, which means that if valid by a court could throw the valid- back to the House forthwith with the fol- this bill passes, D.C. residents will have ity of pieces of future legislation into lowing amendment: two votes in committee and one on the question. Add at the end the following new section: House floor. That would give D.C. resi- There is no reason to stall a judicial SEC. 5. EXPEDITED JUDICIAL REVIEW. dents more voting power in the House resolution of these important issues, (a) SPECIAL RULES FOR ACTIONS BROUGHT than any other voter in the country. especially when doing so risks legisla- ON CONSTITUTIONAL GROUNDS.—If any action That is obviously unfair, and I think tive chaos regarding the validity of fu- is brought for declaratory or injunctive re- we all know it. ture legislation passed by the House. lief to challenge the constitutionality of any Mr. Speaker, this motion to recom- Mr. Speaker, if supporters of H.R. provision of this Act or any amendment 1905 believe the bill is constitutional, made by this Act, the following rules shall mit simply requires expedited judicial apply: review of the constitutionality of the and I know they do, they should want (1) The action shall be filed in the United bill’s provision. I believe this legisla- to get that constitutionality estab- States District Court for the District of Co- tion is unconstitutional and will lished by the Supreme Court as soon as lumbia and shall be heard by a 3-judge court produce significant legal and electoral possible. Likewise, we should all want convened pursuant to section 2284 of title 28, turmoil if enacted. So it is critical that to shorten the time that the Rep- United States Code. the motion to recommit be adopted to resentatives created under this bill (2) A copy of the complaint shall be deliv- ensure that if the bill violates the Con- would serve, if they are, in fact, de- ered promptly to the Clerk of the House of clared unconstitutional. Representatives and the Secretary of the stitution, that unconstitutional action will not be prolonged. The bill is either constitutional or it Senate. is not. Let’s adopt this motion to en- (3) A final decision in the action shall be This motion to recommit constitutes sure that question is resolved expedi- reviewable only by appeal directly to the Su- the very same expedited judicial review tiously and to prevent as much uncer- preme Court of the United States. Such ap- provision Congress agreed was appro- peal shall be taken by the filing of a notice tainty as possible. priate, on a bipartisan basis, in the I encourage my colleagues to support of appeal within 10 days, and the filing of a McCain-Feingold campaign finance jurisdictional statement within 30 days, of this motion to recommit. the entry of the final decision. law. That provision was successfully Mr. CONYERS. Mr. Speaker, I rise in (4) It shall be the duty of the United States employed to facilitate the Supreme opposition to the motion to recommit. District Court for the District of Columbia Court’s expeditious review of that leg- The SPEAKER pro tempore. The gen- and the Supreme Court of the United States islation. tleman is recognized for 5 minutes. to advance on the docket and to expedite to Opponents might claim that an expe- Mr. CONYERS. Mr. Speaker, first of the greatest possible extent the disposition dited review of the legislation would all, I want to commend my friend from of the action and appeal. already be provided by 28 U.S.C. sec- Texas (Mr. SMITH). His arguments are (b) INTERVENTION BY MEMBERS OF CON- tions 2284 and 1253, but that is very far cogent and our relationship on the GRESS.—In any action in which the constitu- from clear. 28 U.S.C. section 2284 only tionality of any provision of this Act or any committee is excellent. amendment made by this Act is raised (in- applies to ‘‘actions filed challenging But I must comment as to the argu- cluding but not limited to an action de- the constitutionality of an apportionment that our bill allows the District scribed in subsection (a)), any member of the ment of a congressional district over of Columbia to have both a Representa- House of Representatives (including a Dele- the apportionment of any statewide tive and a Delegate. We fully intend to

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3592 CONGRESSIONAL RECORD — HOUSE April 19, 2007 repeal the Delegate part of it by sepa- ally been held, subsequently, unconsti- Renzi Shimkus Upton rate statute as soon as we get the bill tutional. Yet, the issue was readily Reynolds Shuster Walberg Rogers (AL) Simpson Walden (OR) that will allow the District to have a dealt with by the courts. Rogers (KY) Smith (NE) Wamp Representative. The courts will readily deal with this Rogers (MI) Smith (NJ) Weldon (FL) We have had lots of debate, and he issue as well. And I am strongly op- Ros-Lehtinen Smith (TX) Weller Roskam Souder has quoted Professor Turley, who has posed to the idea of Congress passing Westmoreland Royce Stearns Whitfield made the most extreme statement, his Ryan (WI) Sullivan laws that confer unique standing on Wilson (NM) Sali Tancredo personal beliefs. And we invited him as themselves or special rights to inter- Wilson (SC) Saxton Terry a panelist, but he has been profoundly Wolf vene in pending lawsuits. Sensenbrenner Thornberry in the minority on a number of other You can always become amicus cu- Sessions Tiahrt Young (AK) issues as well. So I do not regard his riae, and so for those reasons and oth- Shadegg Tiberi Young (FL) opinion as having any more or less im- ers, I urge that this motion to recom- Shays Turner portance or significance than any of mit be turned down. NAYS—227 the other constitutional experts that The SPEAKER pro tempore. The gen- Abercrombie Green, Gene Neal (MA) we heard. tleman’s time has expired. Ackerman Grijalva Oberstar Now, here is the problem. We would, Without objection, the previous ques- Allen Gutierrez Obey if this motion to recommit were Altmire Hall (NY) Olver tion is ordered on the motion to recom- Andrews Hare Ortiz passed, provide for two things: expe- mit. Arcuri Harman Pallone dited review of this matter and stand- There was no objection. Baca Hastings (FL) Pascrell ing to all Members of Congress to chal- Baird Herseth Sandlin Pastor The SPEAKER pro tempore. The Baldwin Hill Payne lenge the constitutionality of the bill question is on the motion to recommit. Barrow Hinchey Perlmutter before us. Four hundred thirty-five The question was taken; and the Bean Hinojosa Peterson (MN) Becerra Hirono Members would be granted standing. Speaker pro tempore announced that Pomeroy Why? Are there not enough constitu- Berkley Hodes Price (NC) the noes appeared to have it. Berman Holden Rahall tional lawyers and supporters and op- Mr. SMITH of Texas. Mr. Speaker, on Berry Holt Rangel ponents on both sides to take care of that I demand the yeas and nays. Bishop (GA) Honda Reyes this matter, rather than to have the Bishop (NY) Hooley Rodriguez The yeas and nays were ordered. Blumenauer Hoyer Supreme Court filled with Members of Ross The SPEAKER pro tempore. Pursu- Boren Inslee Rothman Congress wanting to vent probably ant to clause 9 of rule XX, the Chair Boswell Jackson (IL) Roybal-Allard Boucher Jackson-Lee very repetitious views? will reduce to 5 minutes the minimum Ruppersberger This is a motion based on an amend- Boyd (FL) (TX) Rush time for any electronic vote on the Boyda (KS) Jefferson ment which has been debated and de- Ryan (OH) question of passage of the bill. Brady (PA) Johnson (GA) Salazar feated in the Judiciary Committee Braley (IA) Johnson, E. B. The vote was taken by electronic de- Sa´ nchez, Linda when we considered an earlier version Brown, Corrine Jones (OH) T. vice, and there were—yeas 193, nays of this bill only weeks ago. Butterfield Kagen Sanchez, Loretta 227, not voting 13, as follows: Capps Kanjorski Sarbanes Now, I recognize and appreciate that Capuano Kaptur [Roll No. 230] Schakowsky the motion is being offered in good Cardoza Kennedy Schiff faith to amend the bill. However, as I YEAS—193 Carnahan Kildee Schwartz Carney Kilpatrick Aderholt Ehlers LaHood Scott (GA) have stated before, it is my concern Carson Kind Akin Emerson Lamborn Scott (VA) that this recommit motion will do far Castor Klein (FL) Alexander English (PA) Latham Serrano Chandler Kucinich more harm than it could ever cause Bachmann Everett LaTourette Sestak Clarke Langevin Bachus Fallin Lewis (CA) Shea-Porter good. Clay Lantos Baker Feeney Lewis (KY) Sherman I am concerned that the motion puts Cleaver Larsen (WA) Barrett (SC) Ferguson Linder Shuler Congress down on record as believing Clyburn Larson (CT) Bartlett (MD) Flake LoBiondo Sires Cohen Lee that the bill is constitutionally weak. Barton (TX) Forbes Lucas Skelton Conyers Levin Biggert Fortenberry Lungren, Daniel Slaughter It is not, and therefore, I cannot sup- Cooper Lewis (GA) Bilbray Fossella E. Smith (WA) port a motion to recommit that would Costa Lipinski Bilirakis Foxx Mack Costello Loebsack Snyder make this concession. Nothing could be Bishop (UT) Franks (AZ) Manzullo Courtney Lofgren, Zoe Solis further from the truth. Blackburn Frelinghuysen Marchant Cramer Lowey Space Blunt Gallegly McCarthy (CA) We have had hearings on top of hear- Crowley Lynch Spratt Bonner Garrett (NJ) McCaul (TX) ings from everyone who claimed to be a Cuellar Mahoney (FL) Stark Bono Gerlach McCotter Cummings Maloney (NY) Stupak constitutional expert on this subject Boozman Gilchrest McCrery Davis (AL) Markey Sutton Boustany Gillmor McHenry anywhere in the Judiciary Committee. Davis (CA) Marshall Tanner Brady (TX) Gingrey McHugh We have heard from everybody on both Davis (IL) Matheson Tauscher Brown (SC) Gohmert McKeon Davis, Lincoln Matsui Taylor sides of the aisle over the last several Brown-Waite, Goode McMorris DeFazio McCarthy (NY) Thompson (CA) Congresses, and based on the record, Ginny Goodlatte Rodgers DeGette McCollum (MN) Thompson (MS) Buchanan Granger Mica there is ample precedent for the Con- Delahunt McDermott Tierney Burgess Graves Miller (FL) gress, using the District clause as au- DeLauro McGovern Towns Burton (IN) Hall (TX) Miller (MI) Dicks McIntyre Udall (CO) thority for this legislation as they Buyer Hastert Miller, Gary Dingell McNerney Udall (NM) Calvert Hastings (WA) Moran (KS) have for taxes, for diversity, for labor Doggett McNulty Van Hollen Camp (MI) Hayes Murphy, Tim and numerous other matters. Clearly, Donnelly Meehan Vela´ zquez Campbell (CA) Heller Musgrave Doyle Meek (FL) Visclosky this bill falls within the general line of Cannon Hensarling Myrick Edwards Meeks (NY) Walz (MN) authority. Capito Herger Neugebauer Ellison Melancon Wasserman Carter Hobson Nunes Now, concerning expedited judicial Ellsworth Michaud Schultz Castle Hoekstra Paul review in this motion, the courts are Emanuel Miller (NC) Waters Chabot Hulshof Pearce Engel Miller, George Watson perfectly capable of handling the issue. Coble Hunter Pence Eshoo Mitchell Watt There are judicial standards for dealing Cole (OK) Inglis (SC) Peterson (PA) Etheridge Mollohan Waxman Conaway Issa Petri with expedited review, namely, when Farr Moore (KS) Weiner Crenshaw Jindal Pickering there is a showing of irreparable harm. Filner Moore (WI) Welch (VT) Culberson Johnson (IL) Pitts Frank (MA) Moran (VA) Wexler Nobody has mentioned that as a reason Davis (KY) Johnson, Sam Platts Giffords Murphy (CT) Wilson (OH) Davis, David Jones (NC) Poe for having expedited review. Irrep- Gillibrand Murphy, Patrick Woolsey Davis, Tom Jordan Porter arable harm coming and giving the Gonzalez Murtha Wu Deal (GA) Keller Price (GA) Gordon Nadler Wynn Delegate of this District the right to Dent King (IA) Pryce (OH) Green, Al Napolitano Yarmuth vote? We have statutes on the books Diaz-Balart, L. King (NY) Putnam that cover this very issue already. Diaz-Balart, M. Kingston Radanovich NOT VOTING—13 Doolittle Kirk Ramstad We did not provide expedited review Boehner Davis, Jo Ann Israel Drake Kline (MN) Regula Cantor Fattah of such controversial laws as the PA- Dreier Knollenberg Rehberg Cubin Higgins TRIOT Act, parts of which have actu- Duncan Kuhl (NY) Reichert

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3593 Lampson Rohrabacher Wicker Langevin Neal (MA) Shuler Tancredo Turner Westmoreland Millender- Schmidt Lantos Oberstar Sires Taylor Walberg Whitfield McDonald Walsh (NY) Larsen (WA) Obey Skelton Terry Walden (OR) Wilson (NM) Larson (CT) Olver Slaughter Thornberry Wamp Wilson (SC) b 1434 LaTourette Ortiz Smith (NJ) Tiahrt Weldon (FL) Young (AK) Lee Pallone Smith (WA) Tiberi Weller Young (FL) Messrs. BRADY of Pennsylvania, Levin Pascrell Snyder ANSWERED ‘‘PRESENT’’—1 SPRATT, ALLEN, HALL of New York, Lewis (GA) Pastor Solis HILL, BACA, SCOTT of Virginia, Lipinski Payne Space Bishop (UT) Loebsack Pence Spratt KAGEN, BLUMENAUER, CLYBURN, Lofgren, Zoe Perlmutter NOT VOTING—14 Stark VAN HOLLEN, KLEIN of Florida, Ms. Lowey Platts Berman Fattah Millender- Lynch Pomeroy Stupak GIFFORDS, Ms. LORETTA SANCHEZ Sutton Boehner Higgins McDonald Mahoney (FL) Porter Peterson (MN) of California, Ms. MCCOLLUM of Min- Tanner Cantor Israel Maloney (NY) Price (NC) Cubin Lampson Rohrabacher nesota, and Ms. ESHOO changed their Markey Rahall Tauscher Davis, Jo Ann Walsh (NY) vote from ‘‘yea’’ to ‘‘nay.’’ Marshall Rangel Thompson (CA) Wicker Messrs. DAVIS of Kentucky, Matheson Renzi Thompson (MS) Matsui Reyes Tierney ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE HASTERT, CAMP of Michigan, McCarthy (NY) Rodriguez Towns The SPEAKER pro tempore (during HERGER, SHAYS, YOUNG of Alaska, McCollum (MN) Ross Udall (CO) McDermott Rothman Udall (NM) the vote). Members are advised 2 min- Mrs. MYRICK and Mrs. BLACKBURN utes remain in this vote. changed their vote from ‘‘nay’’ to McGovern Roybal-Allard Upton McIntyre Ruppersberger Van Hollen ‘‘yea.’’ McNerney Rush Vela´ zquez b 1442 So the motion to recommit was re- McNulty Ryan (OH) Visclosky So the bill was passed. jected. Meehan Ryan (WI) Walz (MN) Meek (FL) The result of the vote was announced Salazar Wasserman The result of the vote was announced Meeks (NY) ´ Sanchez, Linda Schultz as above recorded. Melancon T. as above recorded. Waters A motion to reconsider was laid on Michaud Sanchez, Loretta Stated for: Watson Miller (NC) Sarbanes the table. Watt Mrs. SCHMIDT. Mr. Speaker, on H.R. 1905, Miller, George Saxton Stated for: Waxman motion to recommit, I was unavoidably de- Mitchell Schakowsky Mr. FATTAH. Mr. Speaker, had I been tained due to official business. I would have Mollohan Schiff Weiner Moore (KS) Schwartz Welch (VT) present for the vote on H.R. 1905. I would voted ‘‘yea.’’ Moore (WI) Scott (GA) Wexler have voted ‘‘aye.’’ The SPEAKER pro tempore (Mr. Wilson (OH) Moran (VA) Scott (VA) f ROSS). The question is on the passage Murphy (CT) Serrano Wolf of the bill. Murphy, Patrick Sestak Woolsey PARLIAMENTARY INQUIRIES Murtha Shays Wu The question was taken; and the Nadler Shea-Porter Wynn Mr. PRICE of Georgia. Mr. Speaker, Speaker pro tempore announced that Napolitano Sherman Yarmuth parliamentary inquiry. the ayes appeared to have it. The SPEAKER pro tempore. The gen- NOES—177 RECORDED VOTE tleman may state his inquiry. Mr. PRICE of Georgia. Mr. Speaker, I Aderholt Fortenberry McCarthy (CA) Mr. PRICE of Georgia. Mr. Speaker, Akin Fossella McCaul (TX) demand a recorded vote. Alexander Foxx McCotter isn’t it true that the result of waiving A recorded vote was ordered. Bachmann Franks (AZ) McCrery a rule of the House for a specific bill The SPEAKER pro tempore. This Bachus Frelinghuysen McHenry means that rule does not apply for that Baker Gallegly McHugh will be a 5-minute vote. Barrett (SC) Garrett (NJ) McKeon bill? The vote was taken by electronic de- Bartlett (MD) Gerlach McMorris The SPEAKER pro tempore. Would vice, and there were—ayes 241, noes 177, Barton (TX) Gillmor Rodgers the gentleman repeat his parliamen- answered ‘‘present’’ 1, not voting 14, as Biggert Gingrey Mica tary inquiry. Bilbray Gohmert Miller (FL) follows: Bilirakis Goode Miller (MI) Mr. PRICE of Georgia. Mr. Speaker, [Roll No. 231] Blackburn Goodlatte Miller, Gary isn’t it true that waiving a particular Blunt Granger Moran (KS) rule of the House for a specific bill AYES—241 Bonner Graves Murphy, Tim Abercrombie Conyers Gillibrand Bono Hall (TX) Musgrave means that rule does not apply for that Ackerman Cooper Gonzalez Boozman Hastert Myrick bill? Allen Costa Gordon Boren Hastings (WA) Neugebauer The SPEAKER pro tempore. A rule Altmire Costello Green, Al Boustany Hayes Nunes may be waived in favor of a particular Andrews Courtney Green, Gene Boyda (KS) Heller Paul Arcuri Cramer Grijalva Brady (TX) Hensarling Pearce bill. Baca Crowley Gutierrez Brown (SC) Herger Peterson (PA) Mr. PRICE of Georgia. Further in- Baird Cuellar Hall (NY) Brown-Waite, Hobson Petri quiry, Mr. Speaker. Baldwin Cummings Hare Ginny Hoekstra Pickering Barrow Davis (AL) Harman Buchanan Holden Pitts The SPEAKER pro tempore. The gen- Bean Davis (CA) Hastings (FL) Burgess Hulshof Poe tleman may state his parliamentary Becerra Davis (IL) Herseth Sandlin Buyer Hunter Price (GA) inquiry. Berkley Davis, Lincoln Hill Calvert Inglis (SC) Pryce (OH) Mr. PRICE of Georgia. Isn’t it true, Berry Davis, Tom Hinchey Camp (MI) Jindal Putnam Bishop (GA) DeFazio Hinojosa Campbell (CA) Johnson (IL) Radanovich Mr. Speaker, that H. Res. 317, the rule Bishop (NY) DeGette Hirono Capito Johnson, Sam Ramstad for H.R. 1905, the bill we just consid- Blumenauer Delahunt Hodes Carney Jones (NC) Regula ered, waived clause 10 of rule XXI? Boswell DeLauro Holt Carter Jordan Rehberg Boucher Dent Honda Chabot Kanjorski Reichert The SPEAKER pro tempore. With re- Boyd (FL) Dicks Hooley Coble Keller Reynolds gard to H.R. 1905, H. Res. 317 did waive Brady (PA) Dingell Hoyer Cole (OK) King (IA) Rogers (AL) clause 10 of rule XXI. Braley (IA) Doggett Inslee Conaway King (NY) Rogers (KY) Mr. PRICE of Georgia. Further in- Brown, Corrine Donnelly Issa Crenshaw Kingston Rogers (MI) Burton (IN) Doyle Jackson (IL) Culberson Kirk Ros-Lehtinen quiry, Mr. Speaker. Butterfield Edwards Jackson-Lee Davis (KY) Kline (MN) Roskam The SPEAKER pro tempore. The gen- Cannon Ellison (TX) Davis, David Knollenberg Royce tleman may state his parliamentary Capps Ellsworth Jefferson Deal (GA) Kuhl (NY) Sali Capuano Emanuel Johnson (GA) Diaz-Balart, L. Lamborn Schmidt inquiry. Cardoza Emerson Johnson, E. B. Diaz-Balart, M. Latham Sensenbrenner Mr. PRICE of Georgia. Isn’t it fur- Carnahan Engel Jones (OH) Doolittle Lewis (CA) Sessions ther true, Mr. Speaker, that clause 10 Carson English (PA) Kagen Drake Lewis (KY) Shadegg of rule XXI requires the PAYGO provi- Castle Eshoo Kaptur Dreier Linder Shimkus Castor Etheridge Kennedy Duncan LoBiondo Shuster sion to be in effect? Chandler Farr Kildee Ehlers Lucas Simpson Clarke Ferguson Kilpatrick Everett Lungren, Daniel Smith (NE) b 1445 Clay Filner Kind Fallin E. Smith (TX) The SPEAKER pro tempore. Clause Cleaver Frank (MA) Klein (FL) Feeney Mack Souder Clyburn Giffords Kucinich Flake Manzullo Stearns 10 of rule XXI is informally referred to Cohen Gilchrest LaHood Forbes Marchant Sullivan as pay-as-you-go.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3594 CONGRESSIONAL RECORD — HOUSE April 19, 2007 Mr. PRICE of Georgia. Further par- SECTION 1. ADJUSTMENT OF ESTIMATED TAX Mr. Speaker, today the House is con- liamentary inquiry, Mr. Speaker. PAYMENT SAFE HARBOR FOR INDI- sidering legislation that, in my view, VIDUAL TAXPAYERS WITH AD- The SPEAKER pro tempore. The gen- JUSTED GROSS INCOME GREATER represents the first brick in a Chinese tleman may state his parliamentary THAN $5 MILLION. wall of tax increases. inquiry. (a) IN GENERAL.—Subparagraph (C) of sec- Generating revenue by assuming that Mr. PRICE of Georgia. Isn’t it true tion 6654(d)(1) of the Internal Revenue Code Americans with more than $5 million then, Mr. Speaker, that the PAYGO of 1986 (relating to limitation on use of pre- in income will increase their annual ceding year’s tax) is amended by redesig- withholding by one-tenth of 1 percent rule adopted by this House was waived nating clauses (ii) and (iii) as clauses (iii) for the bill that we just considered, simply makes a mockery of PAYGO. and (iv), respectively, and by inserting after The majority is exploiting a statis- H.R. 1905? clause (i) the following new clause: The SPEAKER pro tempore. Clause ‘‘(ii) INDIVIDUAL ADJUSTED GROSS INCOME tical quirk in the way that the Joint 10 of rule XXI was waived with regard GREATER THAN $5,000,000.—If the adjusted gross Tax Committee does its revenue esti- to that bill. income shown on the return of the individual mates, and will have accountants, not Mr. PRICE of Georgia. Further infor such preceding taxable year exceeds normally known for their high spirits quiry, Mr. Speaker. $5,000,000, clause (i) shall be applied by sub- and good humor, roaring with laughter stituting ‘110.1’ for ‘110’ in the last row of the The SPEAKER pro tempore. The gen- all over the country. table therein.’’. Perhaps, in the aggregate, there are tleman may state his parliamentary (b) SEPARATE RETURNS.—Clause (iii) of sec- inquiry. enough people in America making tion 6654(d)(1)(C) of such Code, as redesig- more than $5 million who will pay an Mr. PRICE of Georgia. So the rule of nated by subsection (a), is amended by in- this House that relates to PAYGO was serting ‘‘and clause (ii) shall be applied by extra $2,000 in estimated taxes to raise revenues as much as anticipated, but waived for H.R. 1905. substituting ‘$2,500,000’ for ‘$5,000,000’’’ be- this seems more likely to be an in- The SPEAKER pro tempore. Clause fore the period at the end. (c) EFFECTIVE DATE.—The amendments stance where the Joint Tax Commit- 10 of rule XXI was waived with regard made by this section shall apply to taxable tee’s scoring rules and common sense to H.R. 1905. years beginning after the date of the enact- have dramatically parted ways. Mr. HOYER. Mr. Speaker, I have a ment of this Act. If the Judiciary Committee thinks parliamentary inquiry. The SPEAKER pro tempore. Pursu- the companion bill to create a new The SPEAKER pro tempore. The gen- ant to House Resolution 317, the gen- Member from Utah and add voting tleman will state his parliamentary in- tleman from Georgia (Mr. LEWIS) and rights to a Member from the District of quiry. the gentleman from Pennsylvania (Mr. Columbia is such a good idea, surely Mr. HOYER. Mr. Speaker, am I not ENGLISH) each will control 30 minutes. they could have found some program correct that by adoption of the rule, we The Chair recognizes the gentleman within their jurisdiction to trim by an ensured that 1905 will not pass through from Georgia. offsetting amount. And they didn’t find the door to the Senate without PAYGO Mr. LEWIS of Georgia. Mr. Speaker, a user fee in their jurisdiction to in- being attached to it? I yield myself as much time as I may crease by just a few dollars. The SPEAKER pro tempore. The consume. In fact, despite the fact the Demo- Chair will read section 3(a) of the rule. I rise in support of H.R. 1906. No one, cratic majority created a budget that ‘‘If either H.R. 1905 or H.R. 1906 fails of but no one will pay more taxes under includes more than $2 trillion in spend- passage or fails to reach the question the bill. It merely ensures that multi- ing, they could not even trim $3 mil- of passage by an order of recommital, millionaires don’t add to our tax gap. lion from that total to pay for this then both such bills, together with The bill changes in a very minor way rather modest initiative. To put this in H.R. 1433, shall be laid on the table.’’ estimated tax payments made by perspective, the majority could have Mr. HOYER. Mr. Speaker, further wealthy individuals with incomes of offset this bill by reducing entitlement parliamentary inquiry. more than $5 million a year. It makes spending by just two ten-thousandths The SPEAKER pro tempore. The gen- a technical timing change to tax pay- of a percent. tleman from Maryland may state his ments made by these individuals. They By not going down that route, this parliamentary inquiry. do not pay more taxes. H.R. 1906 is crit- bill confirms what we have all sus- Mr. HOYER. Am I correct that the ical to the pay-as-you-go pledge of this pected: the Tax Code is going to be the interpretation of that language means Congress. ATM machine that pays for all of the that if the D.C. enfranchisement bill I am pleased to have supported H.R. new majority’s fondest initiatives. The does not have PAYGO added to it, it 1905, the District of Columbia House bill today may be cheap in total dollar will not pass this House? Voting Rights Act of 2007. For 207 terms, but we will not be so lucky the The SPEAKER pro tempore. If either years, Washington, D.C. residents have next time around. bill fails of passage, then both bills are paid Federal taxes, and for 207 years In fact, Mr. Speaker, in my view, laid on the table. they have had not a voting representa- H.R. 1906 represents what will be the Mr. HOYER. I thank the Speaker for tive in the United States Congress. first of a series of bizarre revenue rais- the clarification. The right to vote is precious. It is sa- ers, Rube Goldberg devices, and tax cred. It is the cornerstone of our de- gimmicks to be trotted out to pay, f mocracy. first for small things, and then pay for Americans sacrificed everything for the demands of the majority’s budget, ESTIMATED TAX PAYMENT SAFE this right. They were harassed, beaten, which includes the largest tax increase HARBOR ADJUSTMENT jailed and even killed for the right to in American history, nearly $4 billion vote. over 5 years. Mr. LEWIS of Georgia. Mr. Speaker, Not so long ago, many of my friends, It also demonstrates that the major- pursuant to House Resolution 317, I many of my colleagues lost their lives. ity’s PAYGO promise that new entitle- call up the bill, (H.R. 1906) to amend There are many more faceless, name- ment spending could be offset with en- the Internal Revenue Code of 1986 to less heroes who suffered and sacrificed titlement spending cuts is hollow and adjust the estimated tax payment safe for this basic right. cynical. If they can’t even find $3 mil- harbor based on income for the pre- How can we preach this principle lion of entitlement savings for this ceding year in the case of individuals around the world and not practice it bill, can we expect them to pay for with adjusted gross income greater here in our Nation’s Capital? It is the their new programs with anything than $5 million, and ask for its imme- foundation of our democracy. other than a significant tax increase diate consideration in the House. So I urge all of my colleagues to sup- ultimately on the middle class? The Clerk read the title of the bill. port H.R. 1906. This makes even traditional budget The text of the bill is as follows: Mr. Speaker, I reserve the balance of gimmicks, like putting routine spend- H.R. 1906 my time. ing into an emergency spending bill, or Be it enacted by the Senate and House of Rep- Mr. ENGLISH of Pennsylvania. Mr. bypassing the budget resolution by resentatives of the United States of America in Speaker, I yield myself such time as I using ‘‘advanced appropriations’’ look Congress assembled, may consume. pristine by comparison.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3595 The process for this bill’s consider- Mr. ENGLISH of Pennsylvania. Mr. we have this opportunity to clear up ation is flawed, deeply and fundamen- Speaker, may I reclaim my time? And any confusion. I want to assure the tally. It did not go through the Com- instead allow the leader on his own gentleman, and all Members of the mittee on Ways and Means. This is an- time to pose those sorts of questions. House, that the District of Columbia other example of the new majority ig- Mr. RYAN of Wisconsin. Mr. Speaker, Voting Rights Act will not violate noring their own promises for regular will the gentleman yield? PAYGO, period. The House just voted order. Mr. ENGLISH of Pennsylvania. I to approve the D.C. Voting Rights Act The procedure, Mr. Speaker, for con- yield to the gentleman from Wisconsin. of 2007. We have now proceeded to considering the broader issue of expanding Mr. RYAN of Wisconsin. I think the sideration of H.R. 1906, which amends the House of Representatives itself is gentleman mentioned something about provisions of the Internal Revenue deeply flawed. The example being set sunsetting taxes. If my memory serves Code regarding estimated taxes to pay today that you can split a bill into sep- me, having served on the Ways and for all costs attendant within the D.C. arate elements so as to limit what Means at the time that bill was writ- House Voting Rights Act. amendments and motions will be ger- ten, all tax bills which originate in the b 1500 mane is the triumph of form over sub- Ways and Means Committee in the stance. House were permanent. It was the While those costs are de minimis, es- The proposal before us only adds Democrat Party in the Senate that sentially about $1.6 million out of $27 more complexity to the Tax Code. And made it temporary, that put in, be- trillion if there is no escalation in gov- think about this: if you thought filling cause of a cloture vote, put the tem- ernment revenues, notwithstanding out your taxes wasn’t tough enough, porary nature of the tax cuts in. The that, we wanted to adhere to the our friends on the other side of the tax cuts sunset in 2012 because of the PAYGO rule, as the gentleman from In- aisle are raising the level of difficulty Byrd rule and because we did not have diana has stated and for which he has to complicate the code and increase sufficient numbers of the Democrat fought so hard and been a leader on. the risk that an inadvertent error will Party at the time vote for cloture so The rule provides that the text of H.R. have the IRS demanding interest on that we could make these tax cuts per- 1906 will be incorporated into the D.C. your underpayment. manent. Voting Rights Act when H.R. 1906 is At least it is better than the last Mr. HOYER. Will my friend yield? passed; in other words, every Member version of this proposal, which gen- Mr. ENGLISH of Pennsylvania. I am who voted for the rule voted to honor erated an even more ludicrous $3 mil- afraid, Mr. Speaker, it is my time and PAYGO. lion by raising the safe harbor amount I will allow the gentleman from Wis- The Congressional Budget Office and for people with incomes over $150,000 by consin to yield to the leader on the the Budget Committee have certified just three one-thousandths of a per- leader’s time. that when the text of H.R. 1906 is incor- cent. Mr. Speaker, I reserve the balance of porated into the bill and the bill is en- Mr. Speaker, this is a flawed bill. It my time. grossed, the bill will comply with the is a silly exercise. And I think it is ap- GENERAL LEAVE PAYGO rule. The rule further provides propriate that we vote it down. Mr. LEWIS of Georgia. Mr. Speaker, that if either bill fails to pass, both Mr. RYAN of Wisconsin. Mr. Speaker, I ask unanimous consent to give Mem- bills will be tabled. In other words, if will the gentleman yield? bers 5 legislative days to revise and ex- the bill providing the offset to ensure Mr. ENGLISH of Pennsylvania. I tend their remarks on the bill, H.R. compliance with PAYGO is not added yield to the gentleman from Wisconsin. 1906. to the bill, the D.C. bill would be re- Mr. RYAN of Wisconsin. I thank the The SPEAKER pro tempore. Is there jected. gentleman for yielding. objection to the request of the gen- This process guarantees that two im- I simply want to rise to say that the tleman from Georgia? portant things will happen, first, that bill that just passed, which I actually There was no objection. an unmitigated injustice, the denial of supported because I think it was the Mr. LEWIS of Georgia. Mr. Speaker, voting for the citizens of the District of right thing to do constitutionally, and I yield 31⁄2 minutes to the gentleman Columbia, is considered on its merits just good government, it violated from Indiana, Congressman HILL. and remedied; and secondly, that we PAYGO for 2 hours. So what we have Mr. HILL. Mr. Speaker, I would like abide by our commitment to PAYGO. here is a too-cute-by-half PAYGO fix. to enter into a colloquy with the dis- Again I state, the gentleman from In- And it is my hope that when the major- tinguished majority leader. diana has been an extraordinarily con- ity brings new bills to the floor that Mr. Leader, the minority side has sistent and strong leader on behalf of the bills themselves will be fixed with been talking about PAYGO rules and that premise. respect to PAYGO. that somehow we have violated them. The House, in conclusion, will not This rule tactic that is being de- They sound very convincing. And as send a bill that does not comply with ployed, I think, denied the minority you know, the fiscally conservative the PAYGO rule as a result of the rule. rights to have the kinds of motions to Blue Dog Coalition are also strong sup- And I commend those who voted for recommit that the minority tradition- porters of the PAYGO rule, as are all the rule to be consistent with our ally has been given. members of our Democratic Caucus. PAYGO pledge. But more importantly, this really is This pay-as-you-go rule was an impor- I thank the gentleman for his ques- a violation of PAYGO. It is fixed now tant step in restoring fiscal discipline tion. because it was broken just a minute in Congress. The Members of the Blue Mr. HILL. Thank you, Mr. Leader. ago. It is a half-hearted attempt for the Dog Coalition believe it is important Let me try to put it in perspective, majority to submit to their own rules. that the House comply with this rule. then. If I am in southern Indiana and I The PAYGO principle of pay-as-you-go Can you explain how this bill com- am driving from New Albany to Sey- ought to apply every minute, every plies with PAYGO and specifically, for mour, the direct route is on I–65, but if second, every hour. If you believe in it, the benefit of the Members on both I go to Bloomington to Seymour, it is don’t make it just apply for 2 hours sides, I ask, will the PAYGO rule that a longer route, but I still get to Sey- and then bring it back an hour later we established in January be fulfilled mour. just because you want to deny the mi- when the House completes action on Mr. HOYER. You still get to the nority an ability to have an effective the District of Columbia Voting Rights promised land. motion to recommit. Act? PARLIAMENTARY INQUIRY I would be happy to yield to the lead- Mr. HOYER. If the gentleman will Mr. PRICE of Georgia. Parliamen- er. yield. tary inquiry, Mr. Speaker. Mr. HOYER. I appreciate my friend’s Mr. HILL. I will yield. The SPEAKER pro tempore. The gen- comment. Aren’t you the party that Mr. HOYER. I thank the gentleman tleman from Georgia may state his said that taxes were going to be cut up for his question. It is an important parliamentary inquiry. until 2010 and then because of the rules question. And the answer to that ques- Mr. PRICE of Georgia. Mr. Speaker, they will go back into effect? tion is, absolutely. And I am glad that we have just heard the majority leader

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3596 CONGRESSIONAL RECORD — HOUSE April 19, 2007 say that if either 1905 or 1906 fails, then does is change how quickly some peo- Six years ago the Nation was break- they shall both be tabled. ple must pay their tax. So they will ing even on an annual basis. They came Mr. Speaker, can you tell me, this have to pay it a little earlier. They to town with a new President and in House having passed H.R. 1905, how is won’t pay any different amount over a the span of 3 years added $3 trillion to it possible to have a bill that has al- year. They will simply pay it a little the national debt, never once explain- ready passed the House, is no longer on earlier. But that is what this bill does. ing any remorse, never once saying, the floor, no longer the business of the But what was the alternative? Well, we’re going to turn this around. House, tabled with subsequent action normally you would think that if you So I am really pleased to see the con- on another bill? were interested in fiscal responsibility, version, and I want to applaud you for The SPEAKER pro tempore. House if you were interested in keeping budg- it. I just wish it had happened 6 years Resolution 317 so provides. ets balanced over time, that if you are ago. Mr. PRICE of Georgia. Mr. Speaker, I going to spend $2.5 million extra, you Mr. ENGLISH of Pennsylvania. Mr. have a further inquiry. would save $2.5 million somewhere else. Speaker, it is a great privilege for me The SPEAKER pro tempore. The gen- That is what people at home do. That to yield 5 minutes to a gentleman who tleman from Georgia may state his is what everyday, average American brings marvelous expertise to any tax parliamentary inquiry. citizens do. If they are going to spend debate, who is entitled to wear a green Mr. PRICE of Georgia. Mr. Speaker, a little more money on something, eye shade if he chooses, the gentleman can you tell me where in the House they spend a little less money on some- from Texas (Mr. CONAWAY). rules it provides anything that allows thing else. Mr. CONAWAY. Mr. Speaker, I appre- for the tabling of a House bill, once Let’s talk about what you would need ciate the gentleman’s yielding the passed, when there has been inter- to have done. If the Democratic major- time. vening business in the meantime? ity had wished to reduce spending, and It is interesting, and our good col- The SPEAKER pro tempore. The pro- reduce the growth in spending is all league has left, but I would wonder vision is contained in House Resolution you would actually have to do, but if why we constantly talk about history 317. they had wished to reduce the growth from 6 years ago that eliminates the POINT OF ORDER in spending in order to offset this $2.5 conversation about 9/11, the recession Mr. PRICE of Georgia. Point of order, million, we are talking about 0.0002 that we went into, and an awful lot of Mr. Speaker. percent. That is the reduction in things that had an impact on the finan- The SPEAKER pro tempore. The gen- growth, not even a cut, but the reduc- cial circumstances or guesses at the fi- tleman may state his point of order. tion in growth of spending. That is all nancial circumstances over these inter- Mr. PRICE of Georgia. Mr. Speaker, I you would have to do to offset the $2.5 vening 10 or 12 years that seem to get appeal to the Chair and state that the million in this bill. And then we lost whenever it is convenient. rule under which we are operating wouldn’t even be talking about taxes What I would like to speak to, right now is in violation of House rules and tax gimmicks and all that. Point though, is the mechanics of what is because there is no provision in the zero zero zero 2 percent. happening right here. This is a PAYGO House rules that states that you may I ask you, if you can’t find 0.0002 per- fix and is intended to ‘‘pay for’’ the ad- table a bill after it has already been cent to reduce growth, not even to re- ditional expenses for adding an addi- dispensed with by the House. duce entitlement spending, but to re- tional Representative to this body. I The SPEAKER pro tempore. Is the duce growth of entitlement spending, disagree with that. It is unconstitu- gentleman asking for a point of order where and when will you ever deal with tional from a straight reading, but that or a parliamentary inquiry? the entitlement tidal wave that we is not our issue. How do we pay for Mr. PRICE of Georgia. I am asking have coming? By 2037 the entitlements that? for a point of order. will eat up 100 percent of the Federal The folks back home understand the The SPEAKER pro tempore. If the budget as we currently know it. term ‘‘PAYGO’’ as if they want to pay gentleman is raising a point of order, So you have a couple of choices. You for something, they have choices. They would he please restate his point of can either reduce the growth in entitle- can borrow the money, which we have order. ment spending over time so we don’t collectively done an awful lot of, or Mr. PRICE of Georgia. Mr. Speaker, have that, or you can double taxes. they can earn more money or they can my point of order is that we are now Well, if you can’t find today 0.0002 per- cut spending in an area to pay for operating in violation of the rules of cent to reduce the growth in spending, whatever the new expenditure is. the House because the rule that we I would have to presume, and I think This bill takes the first route. This is have adopted has no rule of the House people would have to presume, Mr. simply a cash flow issue. This does not that allows for tabling of a bill once it Speaker, that the doubling of taxes actually raise the money that the Fed- has passed the House and intervening eventually is where you want to go. eral Government gets to keep to pay business has occurred. Now, we already saw a budget where for these additional expenses. This bill The SPEAKER pro tempore. House you have had the largest tax increase simply looks at a very unsympathetic Resolution 317 has already been adopt- in American history included in the group of taxpayers out there, folks who ed by the House and not liable to any budget, and now we can see why. You are blessed to make over $5 million in point of order. can’t even find this amount of reduc- AGI each year, and says, we are going Mr. ENGLISH of Pennsylvania. Mr. tion in spending. to borrow the money from you to pay Speaker, it would be my privilege now I oppose the D.C. voting bill because for this. to yield 4 minutes to the distinguished I think it is not right and not constitu- And so our friends on the other side gentleman from California (Mr. CAMP- tional. But I oppose this bill as well be- of the aisle have a very twisted, in my BELL). cause if we are ever going to control view, definition of PAYGO which in- Mr. CAMPBELL of California. Mr. this budget and we are not going to volves simply borrowing money, Speaker, I thank the gentleman from control it on the backs of the average whether it is to pay for your American Pennsylvania for yielding. working American person, then tin- Express bill off of this month’s Visa or The reason we have this bill and the kering with the Tax Code to find $2.5 to sign up for a new Visa to pay the old reason we are having this debate is be- million is not the way to do it. The Visa card. This bill doesn’t pay for cause the D.C. voting bill, which just way to do it is to go find 0.0002 percent these added Federal expenses. It simply passed this House, costs $2.5 million. of the growth and reduce that amount. finances it through a borrowing from So in order to have it be neutral, there Mr. LEWIS of Georgia. Mr. Speaker, taxpayers who make more than $5 mil- needs to be $2.5 million found. I yield 3 minutes to the gentleman lion in adjusted gross income. Now, what this bill proposes to do is from Mississippi. So we many times come to this floor what I would argue is basically a tax Mr. TAYLOR of Mississippi. Mr. with less than straightforward con- gimmick because no one’s final tax, no Speaker, I won’t need 3 minutes. I just versations about what we are doing. one’s ultimate tax pay, will be changed want to applaud the conversion of my This is one of those times. This is not as a result of this bill. What it, in fact, Republican colleagues. a PAYGO fix. This is simply a cash

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3597 flow, borrowing the money from a cer- life story is chronicled in the book bate and an interesting and a produc- tain number of taxpayers, because the ‘‘Breaking the Color Barrier: The U.S. tive debate, and I commend her for the bill does not raise anyone’s tax. It does Naval Academy’s First Black Mid- work that she has done on behalf of her increase the amount of advanced pay- shipman and the Struggle for Racial constituents. ment that taxpayers have to make Equality.’’ I also want to state for the record each year, depending on what their tax Bringing the matter forward, some once again that I strongly support the scheme is. But their ultimate tax bill young men in the District of Columbia enfranchisement of the citizens of the is decided by the code that is in exist- are returning from Iraq, and I leave District of Columbia. However, I be- ence right now and will not be changed. you with a few of their words. I quote lieve that it ought to be done in a legal So as the other side, Mr. Speaker, Marcus Gray, who spent a year in Iraq and a constitutional way. I think there brags on this bill as being their answer in the 299th Engineering Company, who is a way to do that, and we have talked to the additional spending under the said, ‘‘My father served in the 104th about that. I do not believe that the D.C. voting bill, it is not right. This Airborne in Vietnam, and I am proud bill that has just passed the House, simply borrows the money from some to follow him by serving my country in 1905, in fact is a constitutional bill, and other group and does not pay for it. the same manner. I could be called I think that that will play out over a So I would oppose this bill. It does again this year, but being called to ac- period of time. not honor the traditional definition of tive duty is what every soldier in the Mr. Speaker, I want to comment PAYGO that we are all familiar with, Reserves should expect to happen. about where we are right now in terms and I would urge my colleagues to vote ‘‘We also expect equal treatment, and of the activity and the rules of the against it. the Army tries hard to see that all sol- House of Representatives. We are fur- diers are treated equally. However, I ther delving into Orwellian democracy. b 1515 want equal treatment at home as well. I say that because the majority party Mr. LEWIS of Georgia. Mr. Speaker, I want the same voting representation has been champions of saying one thing I now yield 5 minutes to the gentle- as other soldiers, and as the Iraqi peo- and then doing completely the oppo- woman from the District of Columbia ple have now because of our service.’’ site. We have been told that this would (Ms. NORTON). Emory Kosh, who works in my office be the most open, honest and fair Con- Ms. NORTON. I thank the gentleman in the House: ‘‘I was proud to serve my gress. In fact, we weren’t told it, the from Georgia for yielding. country as a volunteer soldier. How- leadership of the other party has prom- I thank the gentleman from Georgia ever, I am not prepared to sit as an em- ised the American people that this for leading this debate. Truly, you are ployee of the House of Representatives would be the most open and honest the man to lead this debate on this while every Member answers the bell Congress. Mr. Speaker, I would suggest to you great civil rights bill that the House is except my Congresswoman.’’ that this has, in many ways, been the about to give after 206 years. I thank Mr. Speaker, I ask the House to give most oppressive Congress because of you for coming forward to do so. D.C. residents on the battlefield and in the majority party’s actions, most op- I want to praise and offer my grati- the city itself the vote they have pressive Congress ever. You say, well, tude to Democratic leaders for recon- earned over and over again. Most of how can I arrive at that conclusion? ciling the important principle of fiscal those who have paid the dearest price Well, the way that the rules have been responsibility, PAYGO as we call it, will never see the benefit. Those in the with the basic principle of voting used and the ways that the rules have Vietnam War, the District had more been changed draw one, I think objec- rights, forsaking neither. H.R. 1906 is casualties than 10 States; in the Ko- particularly appropriate, especially tively, to that conclusion because the rean War, more casualties than eight rules that have been changed especially when you consider that D.C. residents States; in World War II, more casual- have always paid taxes, notwith- on this bill, on this issue, have ties than four States; and in World War disenfranchised completely anybody in standing that the 16th amendment says I, more casualties than three States. that only States shall pay taxes. the minority. And you say, well, how is In their name, and in good con- that? Well, the rule that was adopted Mayor Adrian Fenty and Council science, I ask that the House today fi- Chair Vincent Gray yesterday led a and the rule under which we are acting nally give the residents of the District and the rule upon which I asked the march in the wind and the rain on of Columbia the vote they have fought Speaker multiple parliamentary in- Emancipation Day because 145 years for now for 206 years. quiries states that if either H.R. 1905 or ago Lincoln freed the slaves in the Dis- Mr. ENGLISH of Pennsylvania. First, H.R. 1906 fails, then the other bill is ta- trict of Columbia 9 months ahead of Mr. Speaker, I would like to just brief- bled, failed based upon recommital the slaves elsewhere. My grandfather, ly yield myself 15 seconds to thank the vote. Richard Holmes, was one of those last speaker for her eloquence and her Now, what that means is this House slaves. His son, Richard, entered the marvelous remarks and to say that I has passed H.R. 1905. And normally D.C. Fire Department in 1902. And his am very proud to stand with her today what would occur is that that bill son, Coleman, my father, like his fore- as one of the 22 who voted for the pre- would be on its way to the Senate. But fathers and like me, have never had a ceding bill. I am very proud of the fact what we are doing now is waiting to vote in this city. that at a time when we are debating see whether 1906 passes, and if it fails, I am particularly grateful, and I the needs of democracy all over the then 1905 is tabled. wanted this time especially to thank world that we have taken the time in Mr. Speaker, I would suggest to you the 22 Republicans who voted for the the House to move forward to correct that it is impossible to construct a rule bill today, preserving the great tradi- an anomaly in our own representation that passes the smell test or passes the tion of the party of Lincoln for equal and create an opportunity for the principles of democracy in this House rights. gentlelady who has for many years so that allows this House to table a bill The Constitution was written by men well represented the District of Colum- after it has already passed. It is uncon- who risked everything for the principle bia to have an opportunity fully and le- scionable. of representation. We should be espe- gally to vote on the floor, representing Many of us have served in State leg- cially mindful today, perhaps, to dedi- her people. islatures. We understand the process of cate this bill to other men who have With that, Mr. Speaker, I would like parliamentary procedure. We under- risked everything in times of war. 80- to now yield 5 minutes to the gen- stand how minorities are able to affect year-old retired Wesley Brown, the tleman from Georgia (Mr. PRICE). policy. But when a majority wants to, first black graduate of the Naval Acad- Mr. PRICE of Georgia. I thank the by the very rule, squelch the input of emy and a resident of the District of gentleman for yielding. the minority completely, it certainly Columbia, who went to the same high I, too, want to add my congratula- can, based upon the ruling from the school that I attended, served in three tions and my commendation to the chair. But it is circular logic at best. wars, and retired from the Navy as Delegate from the District of Colum- When I asked the Speaker how on lieutenant commander, but never has bia. As I mentioned early during the Earth could that occur, the Speaker re- had the right to vote. His remarkable day, I think this has been a good de- plied, Because of the rule. When I

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It is unfortunate we had to go War debt. New York got the debt paid, that they are using to make it such through the machinations we did to get Philadelphia got the capital for 10 that the minority party in this Cham- where we are, but this was a historic years. Then, as now, those political de- ber is no longer able to affect policy, vote today as we propel legislation cisions were shaped by the issues of the which means that 48 to 49 percent of along the great ark of our Nation’s his- day. the citizens of this Nation are no tory as the world’s most vibrant exper- In 1790, Congress passed the Resi- longer allowed to have Representatives iment in representative democracy. dence Act in which the right to vote that are able to affect policy because of Two hundred six years ago this was given to those residing in the new the rules adopted by this majority month, Thomas Jefferson became the District. But while the capital was party. first President to take his oath in what being established, those living here It makes me very sad to draw that was called the Federal City here in were permitted to continue to vote conclusion based upon the rule that Washington. But through the con- where they had before, in their States, this House has adopted today. I urge fluence of circumstances and accident, on the Maryland side in Maryland, on my colleagues to reconsider. the great compromise that birthed our the Virginia side of the District in Vir- Mr. LEWIS of Georgia. Mr. Speaker, Constitution and put the Nation’s Cap- ginia. I yield myself such time as I may con- ital here also produced a grotesque in- The seat of government officially sume. justice we have so far been unable to moved in 1800. In his final address to I don’t understand it, Mr. Speaker, right. Today is a time for another the Sixth Congress, less than a week how my colleague, my friend, my great compromise. after it took up residence in the new brother from Georgia can come here The capital of the free world doesn’t Federal District, President John and state in an open way that this is provide full voting representation for Adams reminded Members, ‘‘It is with the most oppressive Congress. We have residents. In fact, that has been true you, gentlemen, to consider whether only been in the majority for 4 months, for too long, but today we have started local powers over the District of Co- 4 short months, not quite 4 months. the process of correcting an unhappy lumbia vested by the Constitution in You really don’t believe that. legacy left by the first Congresses. Congress shall be immediately exer- Mr. PRICE of Georgia. Will the gen- I have discovered over the last 4 cised.’’ That one statement explains tleman yield? years that there are substantial myths the nature of the debate to follow. Mr. LEWIS of Georgia. Yes, I will surrounding the founding of Wash- Once again, the issues of the day yield to my friend. ington, DC, so I want to take a few shaped the actions of Congress. The po- Mr. PRICE of Georgia. Isn’t it true minutes today to lay out the facts of litical parties couldn’t come to an that the rule which we are adopting is how the city became what it is. agreement. Imagine that. The Federal- unprecedented and has never been The idea for a Federal district arose ists wanted to ensure a strong central adopted in this House? control over the city. Anti-Federalist Mr. LEWIS of Georgia. Let me say to out of an incident that took place in Republicans wanted to limit authority my friend from Georgia, I think it was 1783 while the Continental Congress and distrusted all things urban. a good and a necessary rule. was in session in Philadelphia. When a With Jefferson and his Republicans Mr. PRICE of Georgia. Will the gen- crowd of Revolutionary War soldiers preparing to take control of the Presi- tleman yield? who had not been paid gathered to pro- Mr. LEWIS of Georgia. I will no test outside the building, the Conti- dency and Congress, a pervasive atmos- longer yield. nental Congress requested help from phere of crisis compelled the Federal- Mr. Speaker, I reserve the balance of the Pennsylvania militia. The State re- ists into action. If a bill was not passed my time. fused, and the Congress was forced to before Jefferson took over, it would Mr. ENGLISH of Pennsylvania. Mr. adjourn and reconvene in New Jersey. never pass. Speaker, I yield 30 seconds to the gen- After that incident, the Framers con- Eventually, the Congress passed a tleman from Georgia. cluded there was a need for a Federal stripped-down version of a bill au- Mr. PRICE of Georgia. I thank my district under solely Federal control thored by Virginia Congressman good friend for yielding. for the protection of the Congress and ‘‘Light Horse Harry’’ Lee. It simply I don’t want to belabor this, but I for the territorial integrity of the cap- stated that the laws of Virginia and think it is important for the American ital. So the Framers gave Congress Maryland then in effect, having been people to understand and appreciate, broad authority to create such a Fed- superseded in the District, would still and I think it is important for my good eral district and broad authority to apply. friend from Georgia to appreciate, that govern such a place. That is the limit We may never know why this version this rule that has been adopted is un- of what the Framers say about a Fed- was passed because no records sur- precedented. There has never in the eral district in the Constitution, that vived, but there is absolutely no evi- history of the House of Representatives there should be one, and that it should dence the Founding Fathers, who had been a rule that has allowed for the ta- be under congressional authority. just put their lives on the line to forge bling of a bill after it has passed the a representative government, then de- b 1530 House. Ever, ever. cided the only way to secure that gov- I urge my colleagues to look at the After ratification of the Constitu- ernment was to deny representation to rules that they are adopting in order to tion, one of the first issues to face the some of their fellow citizens. squelch minority input. new Congress was where to place the One historian aptly described the Mr. ENGLISH of Pennsylvania. Mr. Federal District. Some wanted it in process as a ‘‘rushed and improvised Speaker, I do have one other speaker New York. Others wanted it in Phila- accommodation to political reality, ne- who has appeared, and one who has delphia. And others wanted it near cessitated by the desperate logic of made an immense contribution to the George Washington’s home on the Po- lame-duck political maneuvering.’’ But debate on the previous bill. So it is my tomac. the inelegant compromise ultimately privilege now to yield 7 minutes to the These sectional factions fought a adopted left a decidedly undemocratic gentleman from Virginia (Mr. TOM fierce political battle to decide the accident in its wake. District residents DAVIS). matter because they believed they were had no votes in Congress. (Mr. TOM DAVIS of Virginia asked founding a great city, a new Rome. This wasn’t, and is not, merely a and was given permission to revise and They expected this new city to have all quirk of history that affects very few extend his remarks.) the benefits of the great capitals of Eu- people. The problem affects the very

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3599 reputation of our entire Nation. For- on the floor under the PAYGO legisla- RULES FROM THE 109TH THAT ADDED TEXT OF eign visitors I have met comment with tion. HOUSE-PASSED BILLS TO UNDERLYING BILL puzzlement on the lack of voting rep- It is kind of a jurisdictional morass, H. Res. 151 rule for H.R. 1268, 3/14/05, 7:30 resentation in the Nation’s Capital. I but I urge my colleagues to support it. p.m., Making Emergency Supplemental Ap- heard it from the mayor of Hong Kong Mr. ENGLISH of Pennsylvania. Mr. propriations for FY2005—a.k.a. when we were discussing his relation- Speaker, I yield myself such time as I Iraq/Afghanistan/Tsunami Relief. may consume. Open: waives all points of order against ship with China. consideration; waives points of order against Over the next few weeks and as this Mr. Speaker, I must tell you it is a bill for clause 2, Rule XXI except two sec- moves to the other body, we have to privilege to be on the floor today to tions; provides for the text of H.R. 418 as agree on this principle. So we have play a role in having passed the last passed the House to be added to the end of taken important action today. bill which our last speaker spoke about H.R. 1268. Our very practical Founding Fathers with great eloquence. It is a real privi- H. Res. 783 rule for H.R. 4975, 4/26/06, 11:20 left us a tool in the Constitution to lege to be here with the gentleman p.m., Lobbying Accountability & Trans- deal with future problems. The District from Georgia (Mr. LEWIS) who cer- parency Act of 2006—ethics reform. Clause in the Constitution, article I, tainly has had a long career of fighting Restrictive: waives all points of order against consideration; 1 hour general debate section 8, clause 17, is there for a rea- for people’s voting rights and civil controlled by Majority & Minority Leaders; son. Congress reaches its zenith of rights. It is great to look across the makes in order Rules Committee 4/21/06 print power in dealing with issues relating to floor and see former Secretary Jack in Part A of Rules’ report and self-executes the District. Kemp, a 20-year veteran of this institu- its adoption; allows only those amendments Over the years, Congress has exer- tion, present here today. printed in Part B of the Rules’ report as cised its power to treat the District as Mr. Speaker, as a matter of principle, specified; waives all points of order against a State when necessary, to ensure that I voted for the last bill, and as a strong amendments; after final passage adds text of the citizens of the city have substan- supporter of tax simplification and fis- H.R. 513 as passed the House (527 Reform bill) to H.R. 4975; provides for consideration of tially the same rights as all other cal responsibility, it is my privilege to Senate bill (S. 2349) and substitutes House Americans. Surely Members should re- vote against the bill that is before us passed text and calls for conference; waives solve any difference of opinion they at this moment, which is a procedural all points of order against consideration of may have in favor of our authority to grotesque, a gimmick, a trick, a ploy, a Senate bill and against motion to strike and use that plenary power to provide resi- ruse, and one that I think represents insert. dents with full voting representation. the poorest of possible tax policies. H. Res. 1100 & 1099 rules for H.R. 6406 and Scholars spanning its political and I ask my colleagues to vote this bill H.R. 6111, 12/7/06, 10:30 p.m., To modify tem- legal spectrum have concluded, as I do, down and send a clear message that we porarily certain rates of duty and make other technical amendments to the trade that Congress has authority through don’t support this kind of chicanery on laws, to extend certain trade preference pro- this legislation to provide voting rep- the floor of the House of Representa- grams, and for other purposes. resentation in Congress for local resi- tives. Closed: Consideration in the House; waives dents. What was done by statute in Mr. Speaker, I yield back the balance all points of order against consideration; 1790, and then undone by statute in of my time. provides that in the engrossment of H.R. 1800, can be redone by statute today. Mr. LEWIS of Georgia. Mr. Speaker, 6111, the text of H.R. 6406 will be added at the This is often called the ‘‘People’s this is an historic day. This is a won- end. House,’’ and rightly so. Article I, sec- derful day for the people of the District (H. Res. 1099) Provides for a motion to con- tion 2, sets forth that ‘‘The House of of Columbia. cur in the Senate amendment with an amendment consisting of the text of H.R. Representatives shall be composed of I first came to Washington, Mr. 6408 for a bill to amend the Internal Revenue Members chosen every second year by Speaker, in May of 1961 to go on some- Code of 1986 to provide that the Tax Court the People of the several States.’’ thing called the Freedom Rides. It was may review claims for equitable innocent That same language, ‘‘People of the impossible for blacks and whites to spouse relief and to suspend the running on several States,’’ among the several board a Greyhound bus or Trailways the period of limitations while such claims States, is why the District of Columbia bus here in the District of Columbia, are pending—vehicle for tax extenders and pays Federal taxes, even though it ap- and travel together through Virginia, more .... plies to people of the several States. North Carolina, South Carolina, Geor- The SPEAKER pro tempore. All time The sixth amendment’s right to trial gia, Alabama, into Mississippi and to for debate has expired. by jury, even though it says that it will New Orleans. Pursuant to House Resolution 317, be an impartial jury of the State and I came back here in 1963 at the age of the bill is considered read and the pre- district wherein the crime shall be 23 with Eleanor Holmes Norton, the vious question is ordered. committed, has been applied to the gentlewoman from the District of Co- The question is on the engrossment District. lumbia, to participate in the March on and third reading of the bill. Prohibiting district laws which inter- Washington. To be here and see Jack The bill was ordered to be engrossed fere with interstate commerce among Kemp, an old friend, former colleague, and read a third time, and was read the the several States, Congress has ap- on this day is a great day. third time. plied that to the District of Columbia So, Mr. Speaker, I strongly support The SPEAKER pro tempore. The and the courts have upheld it. H.R. 1906. And I want to make it plain question is on the passage of the bill. Treat the District as a State for pur- and crystal clear that no one, but no The question was taken; and the poses of full faith and credit. That one, will pay more taxes under this Speaker pro tempore announced that talks about States and the Constitu- bill. It changes in a very minor way es- the ayes appeared to have it. tion. But under the District clause, we timated tax payments made by Mr. ENGLISH of Pennsylvania. Mr. have included the District of Columbia. wealthy individuals. This bill does not Speaker, on that I demand the yeas Grant people who live in the District increase their taxes. It would affect and nays. the ability to sue people. Diversity of only 4,000 multimillionaires. It is only The yeas and nays were ordered. jurisdiction again applies to States, be- a tiny change. The vote was taken by electronic de- tween citizens of different States under Yes, I am going to say it again: I am vice, and there were—yeas 216, nays the Constitution, but under the Dis- pleased to have supported H.R. 1905. 203, not voting 14, as follows: trict clause we have applied that by Today is the day for Washington, D.C. [Roll No. 232] statute. residents to realize the dream that so YEAS—216 This body has taken an historic step many take for granted. The 200-year Abercrombie Baldwin Bishop (NY) today. I want to thank my colleagues wait is over. The 200-year wait is over. Ackerman Barrow Blumenauer who worked toward this, including my Mr. Speaker, I urge all of my col- Allen Bean Boswell good friend from Pennsylvania, Mr. leagues on both sides of the aisle to Altmire Becerra Boucher Andrews Berkley Boyd (FL) ENGLISH, who supported this. But to vote ‘‘yes’’ for H.R. 1906. Arcuri Berman Boyda (KS) continue this, we need to support the Mr. Speaker, I submit the following Baca Berry Brady (PA) issue at hand, the bill that is currently for the RECORD: Baird Bishop (GA) Braley (IA)

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Brown, Corrine Hoyer Platts Johnson, Sam Mica Ryan (WI) HOUSE OF REPRESENTATIVES, Butterfield Inslee Pomeroy Jordan Miller (FL) Sali Washington, DC, April 5, 2007. Kanjorski Miller (MI) Capps Jackson (IL) Price (NC) Saxton Hon. NANCY PELOSI, Keller Miller, Gary Capuano Jackson-Lee Rahall Schmidt Speaker, House of Representatives, Washington, Cardoza (TX) Rangel King (IA) Mitchell Sensenbrenner Carnahan Jefferson Reyes King (NY) Moran (KS) Sessions DC. Carson Johnson (GA) Rodriguez Kingston Murphy, Patrick Shadegg DEAR MADAM SPEAKER: This is to notify Castor Johnson, E. B. Ross Kirk Murphy, Tim Shimkus you formally, pursuant to Rule VIII of the Chandler Jones (OH) Rothman Kline (MN) Musgrave Shuster Rules of the House of Representatives, that I Clarke Kagen Roybal-Allard Knollenberg Myrick Simpson have been served with a subpoena, issued by Clay Kaptur Ruppersberger Kuhl (NY) Neugebauer Smith (NE) the General District Court for Charlottes- Cleaver Kennedy Rush LaHood Nunes Smith (NJ) ville, Virginia, for testimony in a criminal Lamborn Paul Clyburn Kildee Ryan (OH) Smith (TX) case. Cohen Kilpatrick Salazar Latham Pearce Souder ´ After consultation with the Office of Gen- Conyers Kind Sanchez, Linda LaTourette Pence Space Lewis (CA) Peterson (PA) eral Counsel, I have determined that compli- Cooper Klein (FL) T. Stearns Lewis (KY) Petri ance with the subpoena is consistent with Costa Kucinich Sanchez, Loretta Sullivan Costello Langevin Sarbanes Linder Pickering Tancredo the precedents and privileges of the House. Courtney Lantos Schakowsky LoBiondo Pitts Taylor Sincerely, Cramer Larsen (WA) Schiff Lucas Poe Terry ESTHER PAGE, Crowley Larson (CT) Schwartz Lungren, Daniel Porter Thornberry Caseworker. Cuellar Lee Scott (GA) E. Price (GA) Tiahrt Cummings Levin Scott (VA) Mack Pryce (OH) f Davis (AL) Lewis (GA) Serrano Manzullo Putnam Tiberi Davis (CA) Lipinski Sestak Marchant Radanovich Turner WATER RESOURCES Davis (IL) Loebsack Shays Marshall Ramstad Upton DEVELOPMENT ACT OF 2007 Davis, Lincoln Lofgren, Zoe Shea-Porter Matheson Regula Walberg Davis, Tom Lowey Sherman McCarthy (CA) Rehberg Walden (OR) The SPEAKER pro tempore. Pursu- DeFazio Lynch Shuler McCaul (TX) Reichert Wamp ant to House Resolution 319 and rule DeGette Mahoney (FL) Sires McCotter Renzi Weldon (FL) XVIII, the Chair declares the House in Weller Delahunt Maloney (NY) Skelton McCrery Reynolds the Committee of the Whole House on DeLauro Markey Slaughter McHenry Rogers (AL) Westmoreland Dicks Matsui Smith (WA) McHugh Rogers (KY) Wilson (NM) the state of the Union for the consider- Dingell McCarthy (NY) Snyder McKeon Rogers (MI) Wilson (SC) ation of the bill, H.R. 1495. Doggett McCollum (MN) Solis McMorris Ros-Lehtinen Wolf Doyle McDermott Spratt Rodgers Roskam Young (AK) b 1611 Edwards McGovern Stark McNerney Royce Young (FL) IN THE COMMITTEE OF THE WHOLE Ellison McIntyre Stupak Emanuel McNulty Sutton NOT VOTING—14 Accordingly, the House resolved Engel Meehan Tanner Boehner Israel Walsh (NY) itself into the Committee of the Whole Eshoo Meek (FL) Tauscher Cantor Jones (NC) Whitfield House on the state of the Union for the Etheridge Meeks (NY) Thompson (CA) Cubin Lampson Wicker consideration of the bill (H.R. 1495) to Farr Melancon Thompson (MS) Davis, Jo Ann Millender- Filner Michaud Tierney Fattah McDonald provide for the conservation and devel- Frank (MA) Miller (NC) Towns Higgins Rohrabacher opment of water and related resources, Gillibrand Miller, George Udall (CO) to authorize the Secretary of the Army Gonzalez Mollohan Udall (NM) Gordon Moore (KS) Van Hollen b 1608 to construct various projects for im- Green, Al Moore (WI) Vela´ zquez provements to rivers and harbors of the Mr. BERRY changed his vote from Green, Gene Moran (VA) Visclosky United States, and for other purposes, Grijalva Murphy (CT) Walz (MN) ‘‘nay’’ to ‘‘yea.’’ with Mr. ROSS in the chair. Gutierrez Murtha Wasserman So the bill was passed. The Clerk read the title of the bill. Hall (NY) Nadler Schultz The result of the vote was announced Hare Napolitano Waters The CHAIRMAN. Pursuant to the Harman Neal (MA) Watson as above recorded. rule, the bill is considered read the Hastings (FL) Oberstar Watt A motion to reconsider was laid on first time. Herseth Sandlin Obey Waxman the table. Hill Olver Weiner The gentleman from Minnesota (Mr. Hinchey Ortiz Welch (VT) The SPEAKER pro tempore (Mr. OBERSTAR) and the gentleman from Hinojosa Pallone Wexler WEINER). Pursuant to section 3 of H. Florida (Mr. MICA) each will control 30 Hirono Pascrell Wilson (OH) Res. 317, H.R. 1433 is laid on the table minutes. Hodes Pastor Woolsey and H.R. 1906 is laid on the table. Holt Payne Wu The Chair recognizes the gentleman Honda Perlmutter Wynn from Minnesota. Hooley Peterson (MN) Yarmuth f Mr. OBERSTAR. Mr. Chairman, I yield myself such time as I may con- NAYS—203 GENERAL LEAVE sume. Aderholt Capito Fossella I rise in strong support of H.R. 1495, Akin Carney Foxx Mr. OBERSTAR. Mr. Speaker, I ask Alexander Carter Franks (AZ) unanimous consent that all Members the Water Resources Development Act Bachmann Castle Frelinghuysen have 5 legislative days to revise and ex- of 2007, a bill long in the making, 6 Bachus Chabot Gallegly tend their remarks on H.R. 1495 and in- years in the making, a bill that has ul- Baker Coble Garrett (NJ) timately passed the House, not passed Barrett (SC) Cole (OK) Gerlach clude extraneous material in the the Senate, passed the House, passed Bartlett (MD) Conaway Giffords RECORD on that legislation which will Barton (TX) Crenshaw Gilchrest be considered by the House presently. the Senate, not gone to conference. Biggert Culberson Gillmor We tried in the closing hours of the The SPEAKER pro tempore (Mr. Bilbray Davis (KY) Gingrey 109th Congress to wrap this measure Bilirakis Davis, David Gohmert WEINER). Is there objection to the re- up, then-Chairman DON YOUNG and I, Bishop (UT) Deal (GA) Goode quest of the gentleman from Min- Blackburn Dent Goodlatte working with our counterparts in the nesota? Blunt Diaz-Balart, L. Granger other body, attempting to reach an Bonner Diaz-Balart, M. Graves There was no objection. Bono Donnelly Hall (TX) agreement, but it just proved insur- Boozman mountable, too insurmountable an ob- Doolittle Hastert f Boren Drake Hastings (WA) stacle to get there. Boustany Dreier Hayes In this 110th Congress, we resumed on Brady (TX) Duncan Heller COMMUNICATION FROM STAFF Brown (SC) Ehlers Hensarling the base of the legislation that has Brown-Waite, Ellsworth Herger MEMBER OF THE HON. VIRGIL H. built up over 6 years, over three Con- Ginny Emerson Hobson GOODE, JR., MEMBER OF CON- gresses, and working with the distin- Buchanan English (PA) Hoekstra GRESS Burgess Everett Holden guished gentleman from Florida (Mr. Burton (IN) Fallin Hulshof The SPEAKER pro tempore laid be- MICA), the ranking member on the Buyer Feeney Hunter fore the House the following commu- Committee on Transportation and In- Calvert Ferguson Inglis (SC) nication from Esther Page, Case- frastructure, we spent a great deal of Camp (MI) Flake Issa Campbell (CA) Forbes Jindal worker, Office of the Honorable VIRGIL time together thinking through how to Cannon Fortenberry Johnson (IL) H. GOODE, Jr., Member of Congress: proceed with this legislation.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3601 We agreed on basic principles that we the current WRDA bill on the Great Louisiana, New Orleans area, the Mis- would start with the bill that passed Lakes. Invasive species are threatening sissippi River gulf outlet, which al- the House. There was no conference our native aquatic species, biota and lowed salt water intrusion to come up ever consummated in the 109th Con- flora, as well as a new issue called a from the gulf, kill the wetlands. It al- gress. So we decided that the bench- deadly fish virus, a hemorrhagic virus lowed the overtopping of St. Bernard mark bill for this Congress would be that destroys the fisheries and is car- Parish. We have got to restore that only those measures that were in the ried in ballast waters from one region wetland, and this legislation will do bill of the 109th Congress, and we start- of the Great Lakes to another. that at the request and insistence of ed from there. And then we have We have language in this bill that the Louisiana delegation. worked our way through myriad issues, will initiate an emergency program by There are many other important fea- Members who wanted new projects or the Corps of Engineers to protect the tures in this legislation. In all, 56 amendments or additions to existing vital food supply and the quality of the chiefs’ reports, we had a request of over projects; and in all cases, we made waters. 1,500 projects. There are over 700 very, very difficult, but I think honest Lake Superior, because of a drought projects in this legislation. More than and consistent, decisions about the leg- in the Great Lakes watershed, has seen 300 Members of the House have a direct islation we bring before you today. the water level drop 8 inches in the interest in the legislation. We welcome I want to assure Members that are past 3 years and will drop another 2 their interest in this participation. We concerned, that have issues that have inches this year with the beginning of bring to this body a very critical and arisen since the 109th Congress, that the major shipping season. It will be at supportable piece of legislation. those issues that need to be addressed nearly its lowest level in history. That Mr. Chairman, I reserve the balance by projects of the Corps of Engineers has meant that vessels carrying iron of my time. will be addressed in subsequent legisla- ore from the upper lakes to the lower Mr. MICA. Mr. Chairman, I yield my- tion. As soon as we are able to move lakes steel mills have gone out 7,500 self such time as I may consume. this bill through the House, through tons light. Mr. Chairman, first of all, I would conference with the Senate, which I am It means two or three extra voyages like to urge all Members of the House confident can be done before the mid- per vessel per season, raising the cost on both sides of the aisle to support dle of June, maybe earlier if the other of iron ore, raising the cost of steel, af- H.R. 1495, which is known as the Water body will be able to free itself to work fecting our competitiveness. We have Resources Development Act of 2007. with us in conference, we can get this legislation, we have language in this As we have heard from the chairman, done very quickly, and then begin on legislation that will direct the Corps to this bill authorizes and directs the the next round of water resources undertake an accelerated dredging pro- Corps of Engineers to carry out various projects which I guarantee is not going gram making up for the 15 years they studies, projects and programs relating to take 7 years. haven’t done the dredging because we to navigation, flood damage reduction, have had high waters on the Great shoreline protection, dam safety, 1615 b Lakes. shoreline protection and recreation and We are going to deal with somebody, We authorize locks, improved ex- environmental restoration and protec- maybe in the next 7 or 8 months after tended locks on the Mississippi River tion. the conclusion of this legislation. system, seven extended locks to take Our subcommittee, led by Mr. BAKER Again, I express my appreciation to the the 600-foot locks to make them 1,200- of Louisiana, held two days of hearings gentleman from Florida for consist- foot locks. A barge tow leaving Clin- on projects, programs and policies dur- ently working to move this critically ton, Iowa, round-trip to New Orleans, ing the development of this legislation. important legislation. back to Clinton, Iowa, takes 820 hours. After a careful review, the committee The Committee on Transportation New Orleans is the world’s most impor- was able to approve the authorization and Infrastructure is the proud inheri- tant grain export facility. of more than 50 projects with the tor of a long tradition of work, of in- We can cut 60 hours off that round- chiefs’ reports relating to flood damage vestment in America’s transportation trip by extending the locks at 1,200 feet reduction, navigation, hurricane and needs, water resources, where the very so the tows that are 1,200 feet don’t storm damage reduction, and environ- first concerns of the new Nation in 1789 have to be broken in half, sent through mental restoration. and the first act of the first Congress, 600 feet at a time, lashed together, go We also have in this legislation, navi- 1789, was to authorize the establish- through the next lock and do it all over gation and ecosystem restoration ment of a lighthouse, at the entry to again. We are in a world competitive projects for the upper Mississippi Hampton Roads in Virginia. market on which grain moves on as lit- River. Illinois waterway system, and Starting from that point, this com- tle as an eighth of a cent a bushel. Everglades restoration project, which I mittee continued the direction of the Every time you have to spend those would like to talk about in just a mo- Constitution to build and maintain extra hours going through the locks, ment, and conserving and restoring the post roads. Well, not all roads were you are raising the cost of our com- Louisiana coastal area. built just for the postal service; but, modities, which makes us less competi- We have in the bill a provision for again, it was the spirit of the Constitu- tive with, say, Brazil, which is mount- streamlining and expediting the Corps tion, the spirit of the new Nation that ing a massive soybean export facility of Engineers’ project delivery and per- we needed mobility. The Nation was at Recife, which is 2,500 miles further mits system. We have provisions for founded along the waterways, the salt out in the Atlantic Ocean than New Or- improvement of the Corps of Engineers’ water coasts, the inland waterways. It leans is. planning and project development has been our task to assure mobility, We have legislation here, language in process, including independent peer re- movement of people and goods through this legislation to deal with the res- view of larger and more controversial waterways, and then the highways, toration of the Everglades, a matter of studies. We also have authorization of later the railways, and then the air- great interest to the gentleman from a number of smaller project modifica- ways. Florida, for which he has been an elo- tions, investigations, related to our Here we come with this massive bill, quent advocate. They are in a state of civil works programs of the Corps of because the President, because Con- disrepair. The buffer to protect them Engineers. I think all in all we have a gress hasn’t done its work; and the last from storms is weak because of our in- good piece of legislation that we have time a President signed a Water Re- action, and we are going to deal with worked on in a bipartisan fashion, and sources Development Act was in 2000. that issue, as well as the wetlands you see the product before us today. Well, we hope that the next one will be along the Gulf of Mexico from Texas, Now, I know the administration has this year, which we fully expect. Louisiana, Mississippi, Alabama, all issued a position opposing this legisla- There are many issues that have aris- the way on to Florida. tion. However, I want to talk to a cou- en in the intervening years, some that We are insistent on addressing the ple of points that they have raised. were weighing heavily upon us when we needs of the Everglades, the needs of They do have a responsibility to be began this process in 2000 of crafting the Louisiana coastal region and in good trustees of the public monies and

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3602 CONGRESSIONAL RECORD — HOUSE April 19, 2007 the difficult situation we find ourselves work the Senate started.’’ This is the Mr. OBERSTAR. Mr. Chairman, I in financially. year 2000. Here we are in 2007. yield myself 1 minute to express my But in this legislation between 3 and Now, in 2000 we authorized a study. great appreciation again to the gen- $4 billion would be typically spent dur- What is important about this bill is we tleman from Florida for his thoughtful ing a WRDA cycle or authorization authorize for the first time projects discussion. I join him in his statement process on this type of legislation. We that actually do construction and work on the administration’s statement of have not had a bill since the year 2000. in restoring our precious national policy. I think they have it wrong, and So actually if you do simple math on treasure, and Florida’s national envi- the gentleman stated it just right. that, you can see that the total cost of ronmental treasure, the Everglades. Over the past 6 years, if we had this bill in Federal dollars, $13.1 bil- b 1630 passed the water resources bill in a lion, is reasonable. The total cost with timely fashion, it would have been in the State participation is $17.8 billion. So that is one reason why I am ex- the range of $2 billion a year. That is But we do, indeed, have a backlog of cited about this piece of legislation. It normal. So what we are dealing with is projects over what would amount to at does take a long time and a lot of a huge, pent-up backlog. least three cycles. So this WRDA bill, money. Again, as the gentleman said, this is this authorization legislation, in fact, Finally, I do want to also cite that I an investment in America, and Mem- combines the equivalent of all of those just inherited the responsibility of the bers of Congress representing their years of backlog of projects. The price Transportation leader on the Repub- constituents, their businesses, their tag, in fact, is consistent with that as- lican side, and I never realized how im- water resources, know what they need. sumption. portant these projects are to individual They have come forward with thought- While this bill is considered costly by Members. For example, not on our side ful recommendations, and this bill re- some, the 2005 WRDA legislation con- of the aisle, but Ms. MATSUI, a Demo- flects those recommendations. tained almost 900 projects. That is an- crat Member, she has a project in here We have served as a filter to weed out other complaint of the administration, that would provide a 100-year level of those in our best judgment that did not too many projects. This bill contains flood protection for the city of Sac- measure up on cost-benefit analysis. So 682 project provisions. Not that Mr. ramento. Almost a million Americans we have set a standard for the future OBERSTAR, myself, Ms. JOHNSON, Mr. live in the capital of California, more and we have, in accordance with the BAKER haven’t had Members through- than twice the population of the pre- rules of the House, made all of the out the Congress come to us and beg Katrina New Orleans that today has Member projects available, and will and plead to have additional projects only an 80-year level of flood protec- continue to do that. that are critical to their district in- tion. No other community in America I would like to acknowledge the cluded in this legislation. I think we, of this size has this little flood protec- splendid work of the Chair of the Sub- too, have been good custodians and re- tion. This is a project important to Ms. committee on Water Resources, Ms. sponsible in crafting this legislation. MATSUI. EDDIE BERNICE JOHNSON. She has de- Let me say that the administration There are not Republican projects, voted years of her service in the Con- also raised some questions about cost there are not Democrat projects; there gress to consideration of water re- benefits. We have gone through this. are projects for the people that are im- sources vital to her State of Texas. She Mr. OBERSTAR, myself, Mr. BAKER, Ms. portant to their survival. And we have has taken ownership of these issues JOHNSON, we have looked at cost bene- seen the mistakes and the errors of our and led the subcommittee hearings. fits. We have done our very best to en- ways in Katrina. Mr. BAKER can speak Even this afternoon, she has hearings sure that the taxpayers’ dollars again to what he has gone through in Lou- going on in our committee room while are well spent and there is a good re- isiana. We need not repeat those errors. she is here to help manage the bill. turn for the investment that is being So here we have in this legislation an Mr. Chairman, I yield 5 minutes to made here by the Federal taxpayer. opportunity to help her and 299 other the gentlewoman from Texas (Ms. So those are the reasons that I dis- districts. I wish it was 435. So it has EDDIE BERNICE JOHNSON). agree with my administration on this. been put together in a bipartisan way. Ms. EDDIE BERNICE JOHNSON of I actively support this. I think we have And finally, on my effort, I tried to Texas. Thank you, Mr. Chairman. done this in a very good fashion. do it in a transparent way. All of the I am pleased to rise to support H.R. Finally, I want to talk to some of the Republican projects have been on file, 1495, the Water Resources Development measures that are in the bill. You have open to the public, and any of the ear- Act of 2007. heard the chairman talk about some of marks, open to public and press scru- This bill authorizes water resources the measures that are in this bill. This tiny. So I have tried to do it in a man- projects and the U.S. Army Corps of bill is important to me, not only as a ner that restores public faith, because I Engineers policy and programmatic Member of Congress, and I don’t rep- would rather have elected Members of changes that our Congress has failed to resent the Everglades, but I do rep- Congress make those decisions, fight consider for far too long. resent the State of Florida. It is inter- for them, and have it done and con- Water resources legislation is most esting how it takes time to undo some ducted in a transparent fashion rather effective when it is considered bienni- of the damage that mankind has done than have some bureaucrat down there ally. I support this 2-year cycle, as it to our natural resources and national decide where the taxpayer money, provides stability to the program and treasures. which they just paid in in huge assurance to the non-Federal sponsors I have a copy of the Palm Beach amounts over the past week to Wash- who support Corps projects. Post, which I kept in a file, from Sun- ington, get expended. That is our re- When we let them go, they get to be day, April 11, 1993, irony, same month a sponsibility, it is elected officials’ re- more costly. And, unfortunately, no number of years ago, talking about the sponsibility, not appointed bureaucrats water resources bill has been enacted Everglades, reversing man’s mistakes. who don’t have the responsibility we since 2000, the entire term of our cur- I started working on that along with have under the Constitution. rent administration. This is a result, in the Clinton administration, Secretary So, again, I recognize my colleagues part, of a failure of the current admin- Babbitt. Hear is an article from July 4, on the other side of the aisle, Mr. istration to engage in this important 1994, about a $465 million government OBERSTAR, Ms. JOHNSON and Mr. legislation, as well as a failure of the industry agreement to start cleaning BAKER. I also want to thank Mr. Congress to reach agreement. up the Everglades, which had been COSTELLO, who is no longer the Chair Last year, we came very close to re- damaged by man’s abuse. or the ranking member, and Mr. DUN- solving our differences with the other Here is another article I pulled from CAN, who was the Chair because this is body in conference. However, we ulti- the news journal Daytona Beach News- an inherited work. Again, several bills mately ran out of time. I hope this leg- Journal that says: ‘‘Representative are combined that are long overdue. So islation that we consider today can John Mica and the other Members of I urge their passage. take us to that point and further, re- central Florida’s House delegation are Mr. Chairman, I reserve the balance leasing this backlog of authorizations in a fortunate position to finish the of my time. to fix our existing infrastructure and

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3603 to authorize new flood control, naviga- and partnership with me, and for their an important and complex bill with 682 tion and environmental restoration support. projects. They are important economi- projects. I strongly support this legislation. I cally. They are important environ- We are trying very hard to move a hope and urge my colleagues to vote in mentally. We found out less than 2 little ahead of the next flooding. We favor of its final passage. The time is years ago how critical they are to the must do that. And they are not going now. Nation. Hurricane Katrina revealed it to kick out Democrats or Republicans Mr. BAKER. Mr. Chairman, at this can literally be a matter of life or for flooding, it is going to be whoever time I recognize a valued member of death. is in the way. It is purposeful that we the committee, Mr. BROWN, for 2 min- This legislation has been hung up have brought this bill to the floor as utes. since the year 2000, in part because of early as we have in this session. (Mr. BROWN of South Carolina asked disagreements about the reform agenda The authorizations in the language and was given permission to revise and with the Corps of Engineers. I am are time sensitive, and there should be extend his remarks.) pleased that we have signaled an effort no surprise that this bill contains a Mr. BROWN of South Carolina. I to try and move forward, to be able to substantial number of provisions. thank the gentleman for yielding me break that impasse with this legisla- Many of these authorizations have this time. tion, the provisions in it and others been waiting for action more than 6 Mr. Chairman, I rise in strong sup- that will follow. years. port of this critical legislation. I want I am also pleased to have an oppor- Within the 110th Congress, the com- to thank so many on this committee tunity to offer an amendment to up- mittee intends to move two water re- for their hard work and long dedication date the principles and guidelines that sources bill. This first one contains a to this legislation, especially our would help the Corps move even closer logjam of more than 6 years of issues. chairman, Mr. OBERSTAR, and our to developing environmentally, fis- The second bill will consider new ranking member, Mr. MICA; and the cally, and structurally sound projects. projects and policy changes that we subcommittee chairwoman, Ms. EDDIE Let me be clear. The amendment will were not able to add to this legislation, BERNICE JOHNSON, and Mr. BAKER, the not impact any project currently under that we will consider today. This ap- ranking member. I also thank Mr. DUN- way or anything covered in this legis- proach may not be traditional, but it is CAN, the former chairman, and Mr. lation. It would simply tell the Corps of Engineers to update their own prin- necessary. COSTELLO, who is the ranking member. Since Congress last passed a Water We have been working on this bill ciples and guidelines, the playbook for Resources Development Act, we have now for my term in Congress, and this developing water resources projects seen Hurricanes Katrina and Rita tear is my fourth term, and I am happy that are over 25 years old. The Na- up the gulf coast and my home State of today we are here to present it again. tional Academy of Sciences has said Texas, flooding cities, damaging econo- One of the most important elements they are woefully out of date. And the mies and businesses, and threatening in this bill are reforms made to the Corps and the Congress’ inability to public health. processes and procedures of the Army update these principles and guidelines The Florida Everglades continue to Corps. The infrastructure needs of our is one of the reasons why the Corps has need attention and restoration to save Nation have never been at a higher drawn criticism from the Government the unique treasures it brings to the level. We need to do all we can to en- Accountability Office, the National State and our country. sure that the limited dollars available Academy of Sciences, and the OMB, This bill also contains smaller are spent wisely, and the reforms in along with internal Pentagon reviews. It is one of the reasons why we have projects that may be less publicized this bill will give the Corps the tools to had trouble passing WRDA in the last 6 but just as vital to communities that make that happen. years and reconciling it with the Sen- rely on various water resources for In addition, the bill makes signifi- ate which has similar provisions. It their livelihood. cant changes to the project delivery does not affect anything in the bill cur- As in the past, these projects were process used by the Army Corps. The rently; and I think it will be an oppor- not considered on a partisan basis, but process the Corps has to go through tunity for us not just passing the bill, on individual merit. Their approval now to deliver a project are long and but it would be a reason for the Presi- should not be considered solely on hard, to say the least. This bill makes dent to sign it, given the problems they whether they are Democratic projects commonsense change to streamline have had. or Republican projects; these are that process to help our communities. I appreciate the hard work that has human projects. They should be consid- Improving infrastructure is not a been done. I appreciate the opportunity ered on their contributions to public partisan issue, it is a commitment we to speak in support of the bill, and look safety and economics. as a Nation must ensure is met. If we forward to having support for the H.R. 1495 authorizes programmatic do not, then we as a Nation will be fac- amendment for updating the principles changes to the Corps of Engineers that ing significantly greater environ- and guidelines later in the afternoon. previously have passed the House, but mental and economic challenges than Mr. BAKER. Mr. Chairman, I yield have stalled in the failed conference we do currently. 11⁄2 minutes to the gentlewoman from negotiations. During the 109th Con- In closing, I want to say again that I West Virginia (Mrs. CAPITO), a valued gress we came close to resolving these strongly support this legislation and I member of the committee. differences with the Senate. I urge my am confident we will enact a bill this Mrs. CAPITO. Mr. Chairman, I rise in colleagues to once again support these year. I also want to thank my friends strong support for the reauthorization provisions. Everybody who has been and colleagues on the committee as we of the Water Resources Development here more than 6 years ought to know all have joined to invest so much effort Act. I would like to thank Chairman what everything is in this bill because into this particular legislation. OBERSTAR, Ranking Member MICA, they have seen it over and over and I am proud to stand with you in sup- Subcommittee Chairman JOHNSON and over again. We must engage the other port of its passage. Ranking Member BAKER for their hard body and together produce the best Mr. OBERSTAR. Mr. Chairman, I work in getting this legislation to the package for Corps reform. yield 2 minutes to the gentleman from floor. I would like to acknowledge Chair- Oregon (Mr. BLUMENAUER), an alumnus It has been too long since the water man OBERSTAR for his leadership and of the committee. resources bill has become law, and it is eloquence in the Committee on Trans- Mr. BLUMENAUER. Mr. Chairman, I important that we continue to move portation and Infrastructure, as well as appreciate the gentleman’s courtesy, this and make this reauthorization a the interest and expertise that he and I am proud of the time that I was reality. Projects authorized in this bill shares on water resources issues. able to work with you for 10 years on are critical to our national waterways I also would like to thank our rank- this subcommittee. transportation system that businesses ing member, Mr. MICA, and the ranking I rise in support of the bill. As was and industry in every State and con- member of the subcommittee, Mr. referenced by the Chair of the com- gressional district rely on to move BAKER, for their knowledge and effort mittee and the subcommittee, this is their products.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3604 CONGRESSIONAL RECORD — HOUSE April 19, 2007 In my State of West Virginia, a well- I urge my colleagues to support this River in southeast Missouri. And while maintained system of navigable water- investment in water resource develop- the river, at times destructive, the ways is crucial to moving coal from ment and conservation projects and the river has been a provider for me and our mines to plants across the country passage of this much-needed bill. my family, delivering the grain from to power this Nation’s economy. The Mr. BAKER. Mr. Chairman, at this our farm to international markets. bill addresses local needs. I am pleased time I would like to yield 2 minutes to And I will tell you, as the gentleman that this legislation recognizes the im- my distinguished colleague from Lou- from Minnesota has stated, the nickels portant water and wastewater chal- isiana who has worked tirelessly on as- and dimes that we saved by shipping lenges in West Virginia by continuing sisting the people of the storm-stricken via barge were often the difference be- the authorization for the Central West area, Dr. BOUSTANY. tween our farm ending up in the red or Virginia Environmental Infrastructure Mr. BOUSTANY. Mr. Chairman, I ending up in the black. Those few cents Program. want to thank my colleague from Lou- have helped keep food on our table; b 1645 isiana for yielding time. clothes on our back; and, over the Mr. Chairman, I rise in support of years, kept our farm even within our This program has provided access to this bill. WRDA reauthorization is long own family. clean water and wastewater treatment overdue, and it is vital that we pass to many rural West Virginians who Title VIII of the legislation, lock H.R. 1495 and get a bill signed into law modernization, will insure that farmers otherwise would be without these crit- this year. ical utilities. I am pleased that this in northeast Missouri and farmers in WRDA authorizes nearly $2.1 billion Iowa and Illinois, Minnesota, Wis- Corps of Engineers program will be for the Louisiana coastal area, and it able to continue assisting local public consin and elsewhere will continue to will allow the Army Corps of Engineers have the same benefit that my family service districts to address these im- to move forward on many critical portant community needs. had, the ability to ship crops to inter- coastal restoration and hurricane pro- national markets via the most cost-ef- I want to thank the committee for tection projects statewide. their hard work. I look forward to the fective method. I also want to thank Chairman OBER- final passage and the President’s signa- I will tell you that a recent study by STAR for accepting my amendment in the Food and Ag Policy Research Insti- ture on this bill. committee to add projects identified in Mr. OBERSTAR. Could the Chair ad- tute, FAPRI, found that if the Mis- the Southwest Louisiana Coastal Hur- vise the time remaining on both sides. sissippi River and Illinois waterways The CHAIRMAN. The gentleman ricane Storm and Reduction Study to were forced to close, possibly because from Minnesota has 13 minutes remain- the list of priority projects and of a massive lock failure, that farmers, ing. The gentleman from Louisiana has projects to be expedited under this bill. our own U.S. farmers, would lose be- 17 minutes remaining. Thank you, Mr. Chairman. tween $645 million and $806 million a Mr. OBERSTAR. Mr. Chairman, I This study is the first comprehensive year, a year in increased transpor- assessment of hurricane and flood pro- yield 11⁄2 minutes to the distinguished tation costs. We experienced a glimpse gentleman from Colorado (Mr. tection needs of southwest Louisiana. of that in the aftermath of Hurricane The Corps has nearly completed the re- SALAZAR). Katrina when the river was shut down, Mr. SALAZAR. Mr. Chairman, I want connaissance phase, and I anticipate navigation was shut down for a short to thank the gentleman from Min- that we will enter into an agreement time during the fall of 2005. Farmers nesota (Mr. OBERSTAR) for yielding, with the State to proceed with the fea- endured a 60-cent-per-bushel penalty on and I would like to recognize him, as sibility phase in the near future. a bushel of corn during that critical It is important that we expedite well as the ranking member, for the ex- time in September of 2005. And a mas- these projects, not only for southwest ceptional leadership on this critical sive failure, unfortunately, is a distinct Louisiana, but for the entire Nation be- issue. possibility. cause in southwest Louisiana our wa- Mr. Chairman, I rise today in support These locks are standing just out of terways protect much of the vital and of H.R. 1495, the Water Resources De- habit, or as my constituent, Senator necessary energy infrastructure that velopment Act of 2007. I urge the swift KIT BOND, is fond of saying, ‘‘These keeps this country running. passage of the measure. Passage of this locks belong in the National Register We have one of the largest strategic bill is long overdue. of Historic Locations.’’ They were built petroleum reserves in my district that My communities are desperately in the 1930s to accommodate steam- is affected here. Also, the Henry Hub, waiting for infrastructure projects boats for the next 50 years. As the gen- which is where pricing is set for nat- which are of major importance to their tleman pointed out, these locks are no ural gas for the country, is in my dis- districts. longer navigation aids, but hindrances. My district includes hundreds of trict. And it was actually flooded in They are 600 feet long. The modern small communities that have narrow Hurricane Rita. barge is close to 1,200 feet, often three economic and tax bases. Small commu- And nearly 25 percent of the liquefied across and five long. nities like these often are unable to ad- natural gas will run through my dis- What I want to emphasize again to dress the significant infrastructure trict by 2015. my friend from Oregon who spoke, and needs. Water infrastructure is vital to These waterways and coastal wet- others, these locks benefit the Amer- the economy and stability of these lands are far more than just commer- ican public in other ways. The typical small communities. cial routes or playgrounds. They are a My rural communities rely on anti- critical buffer to protect homes, busi- tow removes 870 18-wheel tractor trail- quated water systems, and they need to ness and our energy infrastructure and er trucks from our already congested be updated. Without the means to up- our way of life in Louisiana. What we roads, bridges, and interstate high- date old systems, many of our con- are talking about is America’s energy ways. A gallon of diesel fuel will push 1 stituents and communities nationwide coast, a working coast. one ton of freight 2 ⁄2 times further by have been living in substandard condi- So I urge my colleagues to support barge than by locomotive; nine times tions. this bill. farther than by truck. Moreover, ac- It is not only an environmental Mr. BAKER. Mr. Chairman, at this cording to the Environmental Protec- health issue. A lack of sufficient water time I would like to recognize a Mem- tion Agency, towboats emit 35 to 60 resources can effectively prevent the ber who has expressed interest in this percent fewer pollutants than loco- community from moving forward with subject matter, Mr. HULSHOF, for 21⁄2 motives or trucks. All in all, all wor- critical infrastructure, like additional minutes. thy. housing for its inhabitants. (Mr. HULSHOF asked and was given I urge its support. This bill is an important and nec- permission to revise and extend his re- Mr. OBERSTAR. Mr. Chairman, I essary step in protecting our Nation’s marks.) yield myself 13⁄4 minutes, and I yield to water infrastructure. Quite simply, Mr. Mr. HULSHOF. Mr. Chairman, I rise the gentleman from Wisconsin. Chairman, we cannot afford not to pass in support of H.R. 1495. I grew up in the Mr. KAGEN. Mr. Chairman, in the this critical legislation. shadow of levees along the Mississippi last Congress the House approved a

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3605 water resources bill that included lan- dissenting votes. The bill passed with seen the black and white photos of guage to modify the navigation chan- over 400 votes in favor of it each time wagons overflowing with fish. I have nel for the Fox River in Wisconsin. in the House. We did our work, but seen the photos of kids swimming in This provision, which was inserted by then it got held up in the other body. the lagoon. my predecessor, would have modified Some people say that these projects It is time to quit talking about fixing part of the navigational channel from should be paid for entirely on a local it. It is time for our kids to go fishing. 150 feet wide to 75 feet and from an au- basis. But I can tell you there is a very It is time for this Congress to have the thorized depth of 18 feet to 6 feet. How- important Federal role in regard to our courage and leadership to pass H.R. ever, the Congress adjourned and the water resources because people in Cali- 1495. work never was completed. fornia or New York or Michigan use Mr. BAKER. Mr. Chairman, at this This year I requested that this lan- the water in Tennessee. And people ex- time I would yield 1 minute to Mrs. guage not be included in the water re- pect us to have a good wastewater and BIGGERT. sources bill because of my concern that clean water system in this country. Mrs. BIGGERT. Mr. Chairman, I rise in strong support of H.R. 1495. My dis- it might impair the navigability of the And yet it is something that people trict in Illinois represents the front Fox River and the potential for future take for granted probably more than line in the fight to keep the Asian carp commerce. It is my understanding that anything else that I can think of. And from decimating the ecosystem of the a 9-foot authorization depth is consid- we have got to improve and strengthen Great Lakes and endangering a multi- ered the minimal depth for a naviga- our water resource system in this million dollar commercial fishing in- tional channel to safely handle barge country. dustry. traffic. Over the last few years, we have I would like to work with the Con- spent many billions on the water sys- b 1700 gress, with the chairman in conference tem, our wastewater and clean water Competing with native species for to ensure that whatever language is in- systems in Iraq. But we have fallen food, living space, and spawning areas, cluded in the conference agreement, it down at the Federal level on what we these voracious fish grow to between 50 will not adversely impact the naviga- are doing on our wastewater and clean and 150 pounds, eat up to 40 percent of bility of the Fox River and will accom- water systems in this country. And their body weight every day, and each plish the goals of a safe cleanup of the most of the spending has been done by female can carry up to a million eggs. Fox River. the State and local governments and The bill before us today will enable Mr. OBERSTAR. I thank the gen- particularly by the ratepayers. And so the Army Corps of Engineers to fortify tleman for his leadership on this issue. this is a very necessary, very overdue its aquatic and invasive species dis- The question of the Fox River has been bill, as many have pointed out. And I persal barrier, an invisible, under- on the agenda of the committee for urge support for this legislation. water, electric fence on the Chicago over 20 years. Mr. OBERSTAR. Mr. Chairman, I Ship and Sanitary Canal in Illinois And the gentleman has stated the yield to the distinguished gentleman that repulses fish like the Asian carp. issue very well: that 6-foot channel from Florida (Mr. MAHONEY) 11⁄2 min- That is why I rise today, to thank depth is simply not viable for today’s utes. Chairman OBERSTAR and Ranking barge traffic. Mr. MAHONEY of Florida. Mr. Chair- Member MICA, as well as Sub- And there is also the issue of PCB man, I rise today in strong support of committee Chairman JOHNSON and contamination in the lower Fox River. H.R. 1495, the Water Resources Devel- Ranking Member BAKER, for recog- The gentleman has shown real fore- opment Act of 2007. nizing the continuing threat of the sight in dealing with the issue both of Seven years ago Congress, in the Asian carp and including provisions in navigation and of cleanup. So the spirit of bipartisanship, had the wis- this bill to protect the Great Lakes. Superfund really ought to deal with dom to protect for future generations Our Great Lakes are too important this problem. It is not going to. We are one of America’s most precious natural just to leave them vulnerable to going to be vigilant on the matter. If areas, the Everglades, by authorizing invasive species like the Asian carp. Mr. OBERSTAR. Mr. Chairman, I there is an opportunity in conference the largest environmental restoration yield 11⁄2 minutes to the distinguished to address the issue in an appropriate project in our Nation’s history, the gentleman from Missouri (Mr. manner, we will do that. If not, we will Comprehensive Everglades Restoration CARNAHAN). do it in a subsequent water resources Plan (CERP). Mr. CARNAHAN. Mr. Chairman, I bill. And I look forward to coming to This ambitious plan consists of over rise as a strong supporter and cospon- Green Bay to see the gentleman’s dis- 40 projects that, when completed, sor of this Water Resources Develop- trict and the lower Fox River. would restore much of the Everglades. ment Act of 2007. Mr. BAKER. Mr. Chairman, at this The plan, from its inception, was a This new Democratic Congress has time I would like to yield 2 minutes to joint venture, an equal partnership made reauthorizing WRDA a top pri- a gentleman who is a former chairman with the people of my State of Florida ority. I thank Chairman OBERSTAR and of the Water Resources Subcommittee to share in the costs. Subcommittee Chairwoman JOHNSON and who put an enormous amount of I am sorry to say that Washington for their work in quickly moving this work into the product on the House has failed to honor its word and live up bill of national significance to help floor today, Mr. DUNCAN. to its commitment. In fact, to the protect America’s waterways. Mr. DUNCAN. Mr. Chairman, I first shame of the Republican-controlled These projects are vital to my home want to commend Chairman OBERSTAR, Congress and the current administra- State of Missouri. Our local economy is Ranking Member MICA, Chairwoman tion, not a single WRDA bill has been driven by use of such important routes JOHNSON, with whom I spent so many passed since 2000. Not a single penny as the Mississippi, Missouri, and Illi- hours. She was my ranking member spent. nois Rivers. Commerce on these rivers during the entire 6 years that I had the I am proud to say that during this will be greatly benefited by this bill’s privilege of chairing the Water Re- same period of time, Florida has spent strong commitment to repair current sources and Environment, or during over $2 billion to get CERP going. In locks and reconstruct new locks on the part of the time that I chaired the fact, this is so important in my district Mississippi River. Water Resources and Environment that the good people from Martin As a member of the Subcommittee on Subcommittee, and such a good friend, County voted to increase their taxes to Water Resources and Environment, I and Ranking Member BAKER, for bring- help pay. have fought on behalf of my constitu- ing this bill to the floor today and for In my 16th Congressional District we ents to secure new levels of funding to their good and hard work on this legis- are going to get the opportunity to re- help throughout our region. In par- lation. And I urge its support. store the Indian River Lagoon. ticular, the bill authorizes $35 million This is a very conservative bill, Mr. Stuart, Florida, which straddles the for combined sewer overflow elimi- Chairman. It is a bill that passed this lagoon, is the sailfish capital of the nation in St. Louis. Some of our waste- House with only eight dissenting votes world and was built on tourism based water infrastructure dates back to the a few years ago and then later only 14 on its world-renowned fishing. I have Lincoln administration.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3606 CONGRESSIONAL RECORD — HOUSE April 19, 2007 The great flood of 1993 exposed seri- tial for the deterioration in local air These dangerous conditions are ous flaws in the St. Louis flood wall. quality due to blowing sediments are a caused by a structure erected, im- This bill addresses that. very serious reality. These problems proved, and maintained by the United Lastly, this bill continues the excit- will likely only worsen in the future, States Government. For that reason I ing progress of the Great Rivers Green- depending on the actions the State of believe that the Federal Government way in St. Louis City and County. By California and our Federal Government must act to alleviate the problem. Sec- creating an aquatic ecosystem restora- take. tion 3065 funds a spur jetty and a series tion, constructing bike paths, and in- I now yield to the gentleman from of breakwaters that will diminish the creasing access to the Mississippi Florida in the hopes of entering into a force of wave action on the beach. For River, my constituents will gain more colloquy. the past 7 years, I have been actively use of one of our national treasures. Mr. MICA. Mr. Chairman, I thank the involved with Federal, State, and local These projects are important to the gentlewoman for yielding. officials, as well as with Camp Ellis strength of our community and the First of all, I know, Mrs. BONO, that residents, all dedicated to fixing the health of our waterways. I stand in you have worked tirelessly on behalf of Camp Ellis erosion problem. strong support of H.R. 1495. restoration of the Salton Sea project. Passage of WRDA could not be more Mr. BAKER. Mr. Chairman, at this Only through a technicality in our timely. On Monday I was there in the time I would like to yield 3 minutes to agreement for moving forward with middle of the storm surge, and during the gentlewoman from California (Mrs. this legislation has your Bono Salton this week’s nor’easter, Camp Ellis lost BONO). Sea restoration provision been left at least two homes to the sea. If the Mrs. BONO. Mr. Chairman, I thank from this bill. But you have my assur- proposed modifications to the jetty had the gentleman for yielding me this ance that you will have top priority for been made, these homes would not time. consideration for the conference on have been destroyed. Mr. Chairman, I rise today to offer something you have worked year after I urge passage of this bill. my concerns regarding a provision that year and so hard for. So before this Mr. BAKER. Mr. Chairman, at this was not included in this legislation, gets to the President’s desk, you have time I yield 2 minutes to my distin- yet it is of significant importance to my assurance that it will be part of the guished colleague from Louisiana (Mr. all of southern California. My concerns President’s bill, if we have a bill. JINDAL). pertain to the importance of addressing Mrs. BONO. Mr. Chairman, reclaim- Mr. JINDAL. Mr. Chairman, I want ing my time, I thank the gentleman. the issues associated with the Salton to thank Chairman OBERSTAR, Chair- And I just want to reiterate that Sea in southern California, which is woman JOHNSON, and Ranking Mem- since my coming to Congress, I took California’s largest lake. bers MICA and BAKER for their excel- over this issue actually from my late This body of water is significant not lent work on H.R. 1495. husband, Sonny Bono, and we did pass only because of its role in becoming an This legislation is critical to the en- the Sonny Bono Memorial Act in 1998. economic engine for the future, but tire country, but for Louisiana in par- I thank the gentleman very much for also because of the impacts that will be ticular it provides much-needed au- his understanding of how important felt in our local economy and environ- thority and direction for the U.S. this is and southern California’s will- ment if action is not taken. Army Corps of Engineers to design and ingness to help me as we move forward In order to address the problems as- construct a comprehensive hurricane, sociated with the Salton Sea, I have in conference. Mr. OBERSTAR. Mr. Chairman, will flood, and coastal protection program worked to include moneys within the gentlewoman yield? safeguarding hundreds of thousands of WRDA in prior congressional sessions. Mrs. BONO. I yield to the gentleman lives and tens of billions of dollars in My goal is that moneys can be included from Minnesota. industry and infrastructure vital to to fund pilot projects in my district Mr. OBERSTAR. Mr. Chairman, I our Nation’s economy. that would begin the proper steps to re- concur in the remarks of the distin- WRDA specifically allocates approxi- store the sea. guished ranking member, and we are mately $1.2 billion for actions to re- To meet this need, yesterday I of- committed to working together either store Louisiana’s coastal wetlands over fered an amendment in the Rules Com- in conference or subsequently in re- the next decade, including a plan for mittee that would provide $26 million solving this matter. the closure and environmental restora- for the restoration projects. Unfortu- Mr. Chairman, I yield 11⁄2 minutes to tion of the MRGO, the Inner Harbor nately, today we do not have the the distinguished gentleman from Navigational Canal Lock, other chance to vote on this important fund- Maine (Mr. ALLEN). projects like the Ouachita River levees ing. Mr. ALLEN. Mr. Chairman, I rise in and the Red River basin and several It is important to note that my strong support of H.R. 1495, the Water other projects throughout the State. amendment would have directly mir- Resources Development Act. Among the critical projects included rored language that was included in In particular, I want to call attention in the WRDA bill is the Morganza to the final version of the WRDA legisla- to section 3065 and to thank Chairman the Gulf Hurricane Protection project. tion in the 109th Congress, H.R. 2864. At OBERSTAR and the Chair of the sub- This project is the best solution to pro- that time, displaying the bipartisan committee, Ms. JOHNSON, for their sup- tecting exposed areas in the bayou re- nature of this proposal, both the chair- port of the city of Saco, Maine. gion of Louisiana. man and the ranking member, and now Section 3065 authorizes construction I am very pleased that the adminis- chairman, Mr. OBERSTAR, agreed that of modifications to an Army Corps of tration softened its stance on this language was important and wor- Engineers jetty at the mouth of the Morganza to the Gulf, which will pro- thy of inclusion. Saco River in the Camp Ellis neighbor- vide essential hurricane protections to The support of the Senate remains hood of Saco. The Corps built the jetty those in Terrebonne and Lafourche consistent with their approval in con- more than 130 years ago and subse- Parishes. When complete, this project ference of this project last year and its quently has lengthened, smoothed, and will provide category 3 protection for recent inclusion in their WRDA legisla- raised it. 200,000 citizens and approximately $8 tion reported from the Environment Unfortunately, the jetty is destroy- billion of public and private infrastruc- and Public Works Committee just a few ing the Camp Ellis neighborhood by ture. weeks ago. I am grateful that we have contributing to what the Maine State Though I certainly would have pre- the support from the other body on a geologist has called the worst coastal ferred an unqualified endorsement for Salton Sea provision. erosion in the State. Thirty-eight Morganza to the Gulf from the admin- The time is right to act, as the State homes have been lost to the sea. Cur- istration, I look forward to working of California is on the verge of deter- rently, homes that were once six rows with my colleagues in the House to en- mining a plan that will permanently back from the shoreline are in danger sure that Morganza and other impor- save the Salton Sea. The status quo, of being destroyed. During winter tant projects remain intact in the final Mr. Chairman, is simply not an option. nor’easter storms, one part of Camp bill. I urge my colleagues to support Massive yearly fish die and the poten- Ellis often becomes an island. H.R. 1495.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3607 I want to thank again the chairman, Mr. Chairman, again I salute Chair- I urge my colleagues to support the and ranking member, Mr. BAKER, in man OBERSTAR, Chairwoman JOHNSON, Water Resources Development Act. By particular, for their work on this bill. Mr. MICA, Mr. BAKER, and Mr. DUNCAN improving our water resources infra- Mr. OBERSTAR. Mr. Chairman, I for their leadership and hard work. And structure, we will make our river com- yield such time as he may consume to I strongly support this legislation and munities safer and strengthen our Na- the distinguished gentleman from Illi- urge my colleagues to support it. tion’s economy and environmental wel- nois (Mr. COSTELLO), former ranking Mr. BAKER. Mr. Chairman, at this fare. member of the subcommittee, who de- time I yield 1 minute to the gentle- Mr. BAKER. Mr. Chairman, I claim voted an enormous amount of his time, woman from Ohio (Mrs. SCHMIDT). the remainder of our time. along with Mr. DUNCAN, in shaping this (Mrs. SCHMIDT asked and was given I want to express my appreciation to bill in the previous Congress and now permission to revise and extend her re- Chairman OBERSTAR, Chairman JOHN- leads us on aviation as the chairman of marks.) SON and of course my ranking member, the Aviation Subcommittee. Mrs. SCHMIDT. Mr. Chairman, I rise Mr. MICA, for their very diligent and Mr. COSTELLO. Mr. Chairman, I today in support of this legislation be- hard work; more specifically, for the thank Chairman OBERSTAR for yielding cause it is long overdue. Seven years is time spent in the great State of Lou- time to me. a long time and much has changed. isiana after the landfall of Hurricane Mr. Chairman, today we are consid- This bill includes language important Katrina. The committee has come ering the Water Resources Develop- to my own district, but more impor- down, Members often more than once, ment Act of 2007. This bill addresses tantly, it has national importance. We to observe for themselves the damage what the Congress has failed to do in need this legislation to authorize new that has been caused by this unbeliev- previous years, enact a WRDA bill that Army Corps of Engineer water infra- able natural catastrophe. addresses the critical infrastructure structure studies and projects. And it The bill under consideration today needs of our country. is not just about new projects, but how will begin an enormous and monu- I would like to thank Chairman the Corps manages them, and for Con- mental project for the restoration of OBERSTAR, Chairwoman JOHNSON, Mr. gress to have an opportunity to exer- coastal Louisiana. It is not just about MICA, Mr. BAKER, and the former chair- cise its oversight authority over cur- keeping people with the ability to live man of the subcommittee, Mr. DUNCAN, rent and future projects. This legisla- on the water’s edge; it is giving the for a job well done in bringing this bill tion is long overdue. ability to stop the storm surge coming to the floor today. Without their lead- I want to commend our committee inland and bringing about the type of ership and their persistence, we would leadership on both sides for working in devastation that we have painfully ex- not have a bill here to consider on the a bipartisan fashion to move this so perienced again. floor. quickly. I thank everyone for their This legislation is a landmark, cer- H.R. 1495 authorizes projects for hard work, and I look forward to vot- tainly for the traditional reasons. major flood control, navigation, envi- ing for this this evening. Many Members have interests in ronmental restoration, and other water projects for economic development rea- b 1715 projects and authorizes several impor- sons, for control of public water sys- tant projects to restore and enhance Mr. OBERSTAR. I yield 2 minutes to tems, for enhancing water runoff and the Nation’s environmental infrastruc- the distinguished gentleman from Illi- minimizing agricultural and other ture. nois (Mr. HARE). sources of contamination to our water The United States transportation Mr. HARE. I thank the gentleman for systems. But this bill is really impor- system has an extensive system of yielding. tant for maintenance of life and qual- highways, ports, locks and dams, and Mr. Chairman, I rise today in strong ity of life in our State, and it will airports. Yet we continue to neglect support of the Water Resources Devel- begin the meaningful restoration of upgrading and modernizing our infra- opment Act of 2007. what is a tremendous natural asset, structure. We should not build our in- This bill authorizes important long- coastal Louisiana. frastructure and then walk away from overdue flood control, dam safety and I would emphasize what has already it without maintaining and modern- environmental restoration projects. In been stated repeatedly: this is a proc- izing it as it becomes antiquated, like my district, the Great Flood of 1993 ess resulting in over 600 projects which we have done with the Upper Mis- took the lives of 47 people and resulted has come about over a 6-year period. sissippi and the Illinois Waterways in over $15 billion in catastrophic dam- And so it is my deepest hope that this lock and dam system. ages throughout much of the Mis- House will this evening favorably adopt In H.R. 1495 we are again authorizing sissippi River basin. I support this bill 1495, that the Senate will work expedi- the Upper Mississippi and Illinois Wa- for the safety of my constituents. tiously with us in moving forward, and terways system. This bill authorizes Additionally, over 50 percent of our that the administration will find a way the replacement of 600-foot navigation locks and dams have aged beyond their to sign this important jobs bill into locks with seven new 1,200-foot locks. life cycle, and they are crumbling. law. In addition, the bill authorizes the WRDA authorizes repair of these struc- $13.1 billion is a lot of money, and largest environmental restoration pro- tures and includes critical provisions when coupled with the local matched gram next to the Florida Everglades to modernize seven new locks and dams dollars which are required, it will be a project to ensure that the project goes on the upper Mississippi and Illinois significant shot in the economic arm forward while respecting the environ- Rivers. These improvement will expand for the construction industry across ment and minimizing any adverse im- navigation capacity, reduce shipping this country. So I am most appre- pact. delays, and accommodate larger barge ciative of the opportunity to have par- Our current system loses about 10 tows, which is critical for the $12 bil- ticipated in this process. percent of its capacity due to the sys- lion worth of products that the river I am grateful to my Democratic col- tem failure and breakdowns because it transports ever year, as well as the ag- leagues for their kind and hard work has exceeded its life expectancy by riculture, commercial and labor inter- on this subject and listening to the over 20 years. The system cannot han- ests of my State of Illinois. people of Louisiana in their hour of dle today’s traffic in an efficient, cost- This bill includes a much-needed pro- need. For that we are and will always effective manner, and it is costing tax- gram to restore the upper Mississippi be most appreciative. payers tens of millions of dollars to River ecosystem and authorizes com- Mr. Chairman, I yield back the bal- patch it together, let alone the cost in pletion of the Emiquon Wildlife Pre- ance of my time. time and money to the users. Modern- serve in my district. This preserve is Mr. OBERSTAR. Mr. Chairman, how izing that infrastructure is the right one of the largest flood plain restora- much time do we have remaining on thing to do. It is a necessity, and I am tion projects in the country outside the our side? glad to see that this bill is moving for- Florida Everglades, and I am proud to The CHAIRMAN. The gentleman ward on such a significant project to have sponsored its inclusion in this bill from Minnesota has 11⁄2 minutes re- our economy and our commerce. today. maining.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3608 CONGRESSIONAL RECORD — HOUSE April 19, 2007 Mr. OBERSTAR. There is an old say- sites, including the Cornfields site in downtown shape Lake St. Clair’s future, but only if they ing among seafarers: ‘‘No helmsman is Los Angeles. With the inclusion of the LA are implemented. Having come this far, we tested in fair water.’’ The gentleman River projects in the WRDA authorization, the can’t let the report and its recommendations from Louisiana was tested in the after- Army Corps of Engineers can begin to break become another study that sits on a shelf and math of Katrina, and I saw him at the ground on these revitalization activities. gathers dust. Everyone, including the federal helm in Baton Rouge when our com- I want to take this opportunity to recognize government, has to step forward and take re- mittee made a tour of the devastation my local community and public officials who sponsibility for turning these recommendations wreaked by Hurricane Katrina. I was have worked tirelessly to make the Los Ange- into action. impressed then and continue to be by les River revitalization project a success. The Again, I support the bill before the House his composure, his grasp of facts, grasp LA River revitalization plan reflects the vision and urge its adoption. of the magnitude of the problem, and of City Councilman Ed Reyes, who for many Mr. KIND. Mr. Chairman, I rise in strong his willingness to address the issues in years has led the effort at the local level. I support of this bill that will finally move forward a coordinated and bipartisan manner. I commend him for his commitment to enhanc- important construction, navigation, and eco- salute him for his continued leadership ing the quality of life for the communities along system restoration projects along the Mis- and service not only to the State, but the River and for all Angelenos. sissippi River, Great Lakes, and elsewhere. In to the Nation. I also applaud the strong support of Mayor particular, H.R. 1495 will authorize the corps Again, I express my appreciation to Antonio Villaraigosa and the local stakeholders of engineers’ sustainability plan for the upper the gentleman from Florida (Mr. MICA) who continue to explore ways to convert the Mississippi River. for similarly taking the helm in a time land adjacent to the Los Angeles River into On the eve of Earth Day, founded by the of turbulence when we had this work of parks, housing, and economic opportunities for great Senator from Wisconsin Gaylord Nelson, 6 years thrust upon us, trying to sort it our local communities. what better gift to the people of the upper Mis- out, do the right thing and serve our The passage of WRDA with the LA River re- sissippi River basin than the largest ever in- Members, their districts, and our Na- vitalization project will continue an exciting alli- vestment in ecosystem restoration in the riv- tion at the same time and measure ance between the federal government, the er’s history? This bill will have a tremendous each project against the yardstick of City of Los Angeles and Los Angeles County. impact on water quality, wildlife habitat, and balance that has historically guided We have worked in particular to enrich the recreation in the upper Mississippi River re- the Corps of Engineers and guided the lives of the many families who live in the com- gion. work of this committee, and I think we munities along the River and to enhance op- Reauthorization of the Water Resources De- have come here with a good product. portunities for economic development associ- velopment Act has been a long time coming, And I especially appreciate, once ated with revitalization. and it has seen some improvement over the again, the splendid work of the gentle- I look forward to continuing to work with my years. The current bill, for instance, includes woman from Texas, Ms. JOHNSON, who colleagues to build upon this exciting oppor- an important provision, that I included, requir- is the Chair of the subcommittee and tunity to transform the LA River from an un- ing that construction and restoration projects who has put her heart and soul into sightly and environmentally void industrial on the upper Mississippi achieve equal seeing this bill move forward. space to a communal recreational space in progress so that construction and navigation Ms. ROYBAL-ALLARD. Mr. Chairman, I rise which all Angelenos can take pride. improvements do not degrade the river eco- to support H.R. 1495, the Water Resources I thank the Committee for its hard work and system. The WRDA bill of 1986 established Development Act of 2007. This bill, which au- urge my colleagues to support this important the upper Mississippi River system as the only thorizes water projects through the Army legislationy. waterbody in the Nation recognized by Con- Corps of Engineers, is essential to maintaining Mr. LEVIN. Mr. Chairman, I rise in strong gress as both a ‘‘nationally significant eco- and improving our Nation’s vital water re- support of the Water Resources Development system and a nationally significant commercial sources and infrastructure. Act and urge its passage by the House. I want navigation system,’’ so it is important that the This bill is long overdue. Congress has to compliment Chairman OBERSTAR and the needs of these two aspects of the river are been unable to enact a comprehensive WRDA Transportation and Infrastructure Committee met in tandem. bill since the year 2000. Without Federal re- for making early passage of this legislation a The Bush administration also has recog- sources authorized in this bill, critical projects priority. The last Water Resources bill was nized the ecological importance of the basin needed to sustain and protect America’s water signed into law over 6 years ago by President by making the upper Mississippi River Basin needs into the future have been stalled. I com- Clinton. It is Congress’ job to renew this law environmental management program a priority mend Chairman OBERSTAR for his leadership every 2 years, but for whatever reason, we project in the corps budget. A relatively mod- and steadfast commitment to this vital issue. I have been unable to reach agreement with the est program with authorized funding of $33.5 thank his hardworking staff, who worked long other body and get a final bill to the President million, the EMP has demonstrated remark- hours to complete this bill, which is a top pri- for his signature. able results in restoring river habitats all along ority of our new Democratic Congress. The Nation’s water and environmental infra- my congressional district in western Wisconsin As a representative from southern California structure problems won’t wait forever. We and beyond. And its long-term resource moni- where water is a scare and precious resource, need to overcome our past differences and toring program has produced invaluable data I appreciate the distinguished Chairman’s ef- move this bill to upgrade and modernize our and knowledge. forts to put forth a bill that advances essential Federal programs relating to navigation, flood Mr. Chairman, it is especially fitting that we water resource infrastructure projects in the damage reduction, shoreline protection, dam pass this bill today in light of the 20th anniver- region. safety, water supply, recreation, and environ- sary that EMP celebrated last year. This bill, I am particularly pleased that this legislation mental restoration. H.R. 1495, and the accompanying manager’s includes an historic authorization for revitaliza- I want to express my thanks to Chairman amendment contain language assuring that tion efforts along the Los Angeles River. The OBERSTAR for including a project I requested the navigation and ecosystem sustainability $20 million authorization contained within the to authorize Federal funding to implement res- plan will continue the EMP’s mission, including bill will mark a significant Federal commitment toration projects in Lake St. Clair. In the past, long-term resource monitoring. to transforming the LA River from an unsightly Lake St. Clair has been described as ‘‘the for- But this bill will address long-standing needs concrete flood control channel into green gotten lake.’’ No longer. Today, many of my well beyond the upper Mississippi. This coun- space that will promote badly needed recre- constituents refer to Lake St. Clair as the try’s water resources infrastructure was largely ation, housing and job creation opportunities. ‘‘Heart of the Great Lakes.’’ We need to pro- constructed 70 or more years ago, and much In addition, the legislation will enable the Army tect and restore it. Lake St. Clair is not the of it has fallen into various states of disrepair Corps of Engineers to develop a plan to im- largest body of water in the Great Lakes Sys- and neglect. Hurricane Katrina so clearly dem- prove water quality, restore historic habitats, tem, but it is absolutely one of the most heav- onstrated to the world the consequences of and enhance the river’s flood protection func- ily used portions of the Lakes in terms of fish- this lack of attention. Reauthorization of tion. ing, boating and drinking water. WRDA is a necessary first step in meeting the For years, I have worked with my col- Two years ago, the Corps of Engineers needs of our citizens, industry, and environ- leagues from Los Angeles to obtain Federal completed a comprehensive management plan ment. funding for studies on promising revitalization for Lake St. Clair and the St. Clair River. Con- I urge all of my colleagues to join me in projects along the River. Our efforts have se- gress paid for this plan. The recommendations support of this vital legislation so that resi- cured over $3 million for studies at various contained in the management plan will help dents of low-lying areas can be reassured that

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 9920 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3609 the levees that protect them will be made ade- will go a long way to ensuring the livelihoods Sec. 2013. Wetlands mitigation. quate, so that farmers will know they will be of the men and women that rely on these wa- Sec. 2014. Mitigation for fish and wildlife able to ship their grain downriver to be ex- terways. losses. Sec. 2015. Remote and subsistence harbors. ported to foreign markets, and hunters, an- Another project in WRDA that is critical to Sec. 2016. Beneficial uses of dredged material. glers, and birdwatchers will know that the the Great Lakes and important to all of Chi- Sec. 2017. Cost-sharing provisions for certain habitat they know and love will be maintained. cago is the Asian Carp barrier. As the resi- areas. Mr. BISHOP of New York. Mr. Chairman, I dents of the Fifth Congressional District know, Sec. 2018. Use of other Federal funds. would like to thank Chairman OBERSTAR and invasive species pose a severe threat to Lake Sec. 2019. Revision of project partnership agree- Ranking Member MICA, as well as Sub- Michigan, capable of billions of dollars in eco- ment. committee Chairwoman JOHNSON and Ranking nomic losses and inestimable environmental Sec. 2020. Cost sharing. Sec. 2021. Expedited actions for emergency flood Member BAKER for their hard work and leader- damage. damage reduction. ship on this important legislation—the first The Asian Carp in particular has affected Sec. 2022. Watershed and river basin assess- water improvement and conservation package Great Lakes fisheries, and I have been work- ments. in seven years. ing with my Great Lakes colleagues in making Sec. 2023. Tribal partnership program. Following several earlier impasses, I want to sure that this barrier is funded and operational Sec. 2024. Wildfire firefighting. take this opportunity to commend the spirit of to protect the Great Lakes from Asian Carp. Sec. 2025. Technical assistance. bipartisanship and compromise on this impor- Mr. Chairman, the Water Resources Devel- Sec. 2026. Lakes program. tant measure. I hope it extends to a bicameral opment Act is a hat trick—it’s good for the en- Sec. 2027. Coordination and scheduling of Fed- bipartisanship in the weeks to come. eral, State, and local actions. vironment, it’s good for the economy, and it’s Sec. 2028. Project streamlining. This bill benefits all Americans and their good for America’s future. I want to thank Mr. Sec. 2029. Cooperative agreements. families who use and enjoy our Nation’s wa- OBERSTAR and Mr. MICA for all of their good Sec. 2030. Training funds. terways, public beaches—including over 300 work, and I am glad that we are getting this Sec. 2031. Access to water resource data. miles of coastline along my district—and for bill done. I yield back the balance of my time. Sec. 2032. Shore protection projects. U.S. businesses that depend on healthy and Mr. OBERSTAR. Mr. Chairman, I Sec. 2033. Ability to pay. viable waterways throughout the country. yield back the balance of my time. Sec. 2034. Leasing authority. My district benefits from the good work that The CHAIRMAN. All time for general Sec. 2035. Cost estimates. the Army Corps of Engineers does for coastal Sec. 2036. Project planning. debate has expired. Sec. 2037. Independent peer review. communities by helping small towns deal with Pursuant to the rule, the amendment Sec. 2038. Studies and reports for water re- multiple concerns ranging from erosion to in the nature of a substitute printed in sources projects. longstanding environmental challenges. The the bill shall be considered as an origi- Sec. 2039. Offshore oil and gas fabrication port. Corps is currently working on several projects nal bill for the purpose of amendment Sec. 2040. Use of firms employing local resi- on eastern Long Island that will dredge inlets, under the 5-minute rule and shall be dents. restore damaged ecosystems, and study considered read. TITLE III—PROJECT-RELATED PROVISIONS coastal health. The text of the amendment in the na- Sec. 3001. Cook Inlet, Alaska. In addition, H.R. 1495 will go a long way to- ture of a substitute is as follows: Sec. 3002. King Cove Harbor, Alaska. ward supplying the Corps with all the re- H.R. 1495 Sec. 3003. Sitka, Alaska. Sec. 3004. Tatitlek, Alaska. sources it needs to protect coastal commu- Be it enacted by the Senate and House of Rep- Sec. 3005. Rio De Flag, Flagstaff, Arizona. nities and vacationers by modernizing project resentatives of the United States of America in Sec. 3006. Osceola Harbor, Arkansas. planning and approval. Congress assembled, Mr. Chairman, I thank the Chairman and Sec. 3007. Pine Mountain Dam, Arkansas. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 3008. American and Sacramento Rivers, Ranking Member again for their hard work on (a) SHORT TITLE.—This Act may be cited as California. this issue, and I look forward to working with the ‘‘Water Resources Development Act of 2007’’. Sec. 3009. Compton Creek, California. my colleagues to make sure that we get a (b) TABLE OF CONTENTS.— Sec. 3010. Grayson Creek/Murderer’s Creek, WRDA bill to the President as soon as we Sec. 1. Short title; table of contents. California. can. We simply cannot afford to let another Sec. 2. Definition of Secretary. Sec. 3011. Hamilton Airfield, California. year go by without passing this legislation. TITLE I—WATER RESOURCES PROJECTS Sec. 3012. John F. Baldwin Ship Channel and Stockton Ship Channel, Cali- Mr. EMANUEL. Mr. Chairman, I rise today Sec. 1001. Project authorizations. fornia. in strong support of H.R. 1945, the Water Re- Sec. 1002. Small projects for flood damage re- Sec. 3013. Kaweah River, California. duction. sources Development Act (WRDA). As the Sec. 3014. Larkspur Ferry Channel, Larkspur, Sec. 1003. Small projects for emergency Democratic Majority begins our second 100 California. streambank protection. days, we are continuing to move America for- Sec. 3015. Llagas Creek, California. Sec. 1004. Small projects for navigation. ward, and WRDA does just that. Sec. 3016. Magpie Creek, California. Sec. 1005. Small projects for improvement of the This bill will help commerce by improving Sec. 3017. Pacific Flyway Center, Sacramento, quality of the environment. California. navigation on waterways and making it easier Sec. 1006. Small projects for aquatic ecosystem Sec. 3018. Pinole Creek, California. to bring products to market. This bill will invest restoration. Sec. 3019. Prado Dam, California. in our future by modernizing the locks and Sec. 1007. Small projects for shoreline protec- Sec. 3020. Sacramento and American Rivers dams on the Mississippi River and elsewhere. tion. flood control, California. Sec. 1008. Small projects for snagging and sedi- This bill will protect the Great Lakes by finally Sec. 3021. Sacramento Deep Water Ship Chan- ment removal. making the Asian Carp barrier permanent. nel, California. This bill invests in rural and urban America TITLE II—GENERAL PROVISIONS Sec. 3022. Santa Cruz Harbor, California. alike by renewing our commitment to pro- Sec. 2001. Non-Federal contributions. Sec. 3023. Seven Oaks Dam, California. tecting the environment and the economy. Sec. 2002. Harbor cost sharing. Sec. 3024. Upper Guadalupe River, California. The Water Resources Development Act is a Sec. 2003. Funding to process permits. Sec. 3025. Walnut Creek Channel, California. good bill that has been written in a bipartisan Sec. 2004. National shoreline erosion control de- Sec. 3026. Wildcat/San Pablo Creek Phase I, process to address the needs of the whole velopment and demonstration pro- California. gram. Sec. 3027. Wildcat/San Pablo Creek Phase II, country, but there are two parts of the bill in Sec. 2005. Small shore and beach restoration California. particular that I am especially proud are in- and protection projects. Sec. 3028. Yuba River Basin project, California. cluded. Sec. 2006. Aquatic ecosystem restoration. Sec. 3029. South Platte River Basin, Colorado. The locks on the Mississippi River and Illi- Sec. 2007. Small flood damage reduction Sec. 3030. Intracoastal Waterway, Delaware nois Waterways are in need of repair, and projects. River to Chesapeake Bay, Dela- WRDA finally addresses the long overdue Sec. 2008. Modification of projects for improve- ware and Maryland. need for lock modernization. Navigation in the ment of the quality of the envi- Sec. 3031. Brevard County, Florida. upper Mississippi supports more than 400,000 ronment. Sec. 3032. Broward County and Hillsboro Inlet, Sec. 2009. Written agreement for water re- Florida. jobs and 90,000 high-paying manufacturing sources projects. Sec. 3033. Canaveral Harbor, Florida. jobs, and passage of WRDA will create more Sec. 2010. Assistance for remediation, restora- Sec. 3034. Gasparilla and Estero Islands, Flor- jobs in the region. Every year, shipping in the tion, and reuse. ida. upper Mississippi River adds up to about $1.2 Sec. 2011. Compilation of laws. Sec. 3035. Jacksonville Harbor, Florida. billion to our economy. Modernizing the locks Sec. 2012. Dredged material disposal. Sec. 3036. Lido Key Beach, Sarasota, Florida.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 6343 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3610 CONGRESSIONAL RECORD — HOUSE April 19, 2007 Sec. 3037. Miami Harbor, Florida. Sec. 3100. South Central Pennsylvania. Sec. 4040. Hamburg and Green Oak Townships, Sec. 3038. Peanut Island, Florida. Sec. 3101. Wyoming Valley, Pennsylvania. Michigan. Sec. 3039. Tampa Harbor-Big Bend Channel, Sec. 3102. Cedar Bayou, Texas. Sec. 4041. Duluth-Superior Harbor, Minnesota Florida. Sec. 3103. Freeport Harbor, Texas. and Wisconsin. Sec. 3040. Tampa Harbor Cut B, Florida. Sec. 3104. Lake Kemp, Texas. Sec. 4042. Northeast Mississippi. Sec. 3041. Allatoona Lake, Georgia. Sec. 3105. Lower Rio Grande Basin, Texas. Sec. 4043. St. Louis, Missouri. Sec. 3042. Latham River, Glynn County, Geor- Sec. 3106. North Padre Island, Corpus Christi Sec. 4044. Dredged material disposal, New Jer- gia. Bay, Texas. sey. Sec. 3043. Dworshak Dam and Reservoir im- Sec. 3107. Pat Mayse Lake, Texas. Sec. 4045. Bayonne, New Jersey. provements, Idaho. Sec. 3108. Proctor Lake, Texas. Sec. 4046. Carteret, New Jersey. Sec. 3044. Beardstown Community Boat Harbor, Sec. 3109. San Antonio Channel, San Antonio, Sec. 4047. Gloucester County, New Jersey. Beardstown, Illinois. Texas. Sec. 4048. Perth Amboy, New Jersey. Sec. 3045. Cache River Levee, Illinois. Sec. 3110. Lee, Russell, Scott, Smyth, Tazewell, Sec. 4049. Batavia, New York. Sec. 3046. Chicago River, Illinois. and Wise Counties, Virginia. Sec. 4050. Big Sister Creek, Evans, New York. Sec. 3047. Chicago Sanitary and Ship Canal Sec. 3111. Tangier Island Seawall, Virginia. Sec. 4051. Finger Lakes, New York. dispersal barriers project, Illinois. Sec. 3112. Duwamish/Green, Washington. Sec. 4052. Lake Erie Shoreline, Buffalo, New Sec. 3048. Emiquon, Illinois. Sec. 3113. Yakima River, Port of Sunnyside, York. Sec. 3049. Lasalle, Illinois. Washington. Sec. 4053. Newtown Creek, New York. Sec. 3050. Spunky Bottoms, Illinois. Sec. 3114. Greenbrier River Basin, West Vir- Sec. 4054. Niagara River, New York. Sec. 3051. Fort Wayne and vicinity, Indiana. ginia. Sec. 4055. Shore Parkway Greenway, Brooklyn, Sec. 3052. Koontz Lake, Indiana. Sec. 3115. Lesage/Greenbottom Swamp, West New York. Sec. 3053. White River, Indiana. Virginia. Sec. 4056. Upper Delaware River Watershed, Sec. 3054. Des Moines River and Greenbelt, Sec. 3116. Northern West Virginia. New York. Iowa. Sec. 3117. Manitowoc Harbor, Wisconsin. Sec. 4057. Lincoln County, North Carolina. Sec. 3055. Prestonsburg, Kentucky. Sec. 3118. Mississippi River headwaters res- Sec. 4058. Wilkes County, North Carolina. Sec. 3056. Amite River and tributaries, Lou- ervoirs. Sec. 4059. Yadkinville, North Carolina. isiana, East Baton Rouge Parish Sec. 3119. Continuation of project authoriza- Sec. 4060. Lake Erie, Ohio. Watershed. tions. Sec. 4061. Ohio River, Ohio. Sec. 3057. Atchafalaya Basin, Louisiana. Sec. 3120. Project reauthorizations. Sec. 4062. Ecosystem restoration and fish pas- Sec. 3058. Atchafalaya Basin Floodway System, Sec. 3121. Project deauthorizations. sage improvements, Oregon. Louisiana. Sec. 3122. Land conveyances. Sec. 4063. Walla Walla River Basin, Oregon. Sec. 3059. Bayou Plaquemine, Louisiana. Sec. 3123. Extinguishment of reversionary inter- Sec. 4064. Chartiers Creek Watershed, Pennsyl- Sec. 3060. J. Bennett Johnston Waterway, Mis- ests and use restrictions. vania. sissippi River to Shreveport, Lou- TITLE IV—STUDIES Sec. 4065. Kinzua Dam and Allegheny Res- isiana. ervoir, Pennsylvania. Sec. 4001. John Glenn Great Lakes Basin Pro- Sec. 3061. Melville, Louisiana. Sec. 4066. Western Pennsylvania flood damage gram. Sec. 3062. Mississippi Delta Region, Louisiana. reduction, Pennsylvania. Sec. 4002. Lake Erie dredged material disposal Sec. 3063. New Orleans to Venice, Louisiana. Sec. 4067. Williamsport, Pennsylvania. sites. Sec. 3064. West bank of the Mississippi River Sec. 4068. Yardley Borough, Pennsylvania. Sec. 4003. Southwestern United States drought (East of Harvey Canal), Lou- Sec. 4069. Rio Valenciano, Juncos, Puerto Rico. study. isiana. Sec. 4070. Crooked Creek, Bennettsville, South Sec. 4004. Delaware River. Sec. 3065. Camp Ellis, Saco, Maine. Carolina. Sec. 4005. Knik Arm, Cook Inlet, Alaska. Sec. 3066. Detroit River Shoreline, Detroit, Sec. 4071. Broad River, York County, South Sec. 4006. Kuskokwim River, Alaska. Michigan. Carolina. Sec. 4007. St. George Harbor, Alaska. Sec. 3067. St. Clair River and Lake St. Clair, Sec. 4072. Chattanooga, Tennessee. Sec. 4008. Susitna River, Alaska. Michigan. Sec. 4073. Cleveland, Tennessee. Sec. 4009. Gila Bend, Maricopa, Arizona. Sec. 3068. St. Joseph Harbor, Michigan. Sec. 4074. Cumberland River, Nashville, Ten- Sec. 4010. Searcy County, Arkansas. Sec. 3069. Sault Sainte Marie, Michigan. nessee. Sec. 4011. Elkhorn Slough Estuary, California. Sec. 3070. Ada, Minnesota. Sec. 4075. Lewis, Lawrence, and Wayne Coun- Sec. 4012. Fresno, Kings, and Kern Counties, Sec. 3071. Duluth Harbor, McQuade Road, ties, Tennessee. California. Minnesota. Sec. 4076. Wolf River and Nonconnah Creek, Sec. 4013. Los Angeles River revitalization Sec. 3072. Grand Marais, Minnesota. Memphis Tennessee. study, California. Sec. 3073. Grand Portage Harbor, Minnesota. Sec. 4077. Abilene, Texas. Sec. 4014. Lytle Creek, Rialto, California. Sec. 3074. Granite Falls, Minnesota. Sec. 4078. Coastal Texas ecosystem protection Sec. 4015. Mokelumne River, San Joaquin Sec. 3075. Knife River Harbor, Minnesota. and restoration, Texas. County, California. Sec. 3076. Red Lake River, Minnesota. Sec. 4079. Johnson Creek, Arlington, Texas. Sec. 4016. Napa River, St. Helena, California. Sec. 3077. Silver Bay, Minnesota. Sec. 4080. Port of Galveston, Texas. Sec. 4017. Orick, California. Sec. 3078. Taconite Harbor, Minnesota. Sec. 4081. Grand County and Moab, Utah. Sec. 4018. Rialto, Fontana, and Colton, Cali- Sec. 3079. Two Harbors, Minnesota. Sec. 4082. Southwestern Utah. fornia. Sec. 3080. Deer Island, Harrison County, Mis- Sec. 4083. Chowan River Basin, Virginia and Sec. 4019. Sacramento River, California. sissippi. North Carolina. Sec. 4020. San Diego County, California. Sec. 3081. Pearl River Basin, Mississippi. Sec. 4084. Elliott Bay Seawall, Seattle, Wash- Sec. 4021. San Francisco Bay, Sacramento-San Sec. 3082. Festus and Crystal City, Missouri. ington. Joaquin Delta, California. Sec. 3083. L–15 levee, Missouri. Sec. 4085. Monongahela River Basin, northern Sec. 4022. South San Francisco Bay shoreline Sec. 3084. Monarch-Chesterfield, Missouri. West Virginia. study, California. Sec. 3085. River Des Peres, Missouri. Sec. 4086. Kenosha Harbor, Wisconsin. Sec. 4023. Twentynine Palms, California. Sec. 3086. Antelope Creek, Lincoln, Nebraska. Sec. 4087. Wauwatosa, Wisconsin. Sec. 4024. Yucca Valley, California. Sec. 3087. Sand Creek Watershed, Wahoo, Ne- Sec. 4088. Johnsonville Dam, Johnsonville, Wis- Sec. 4025. Roaring Fork River, Basalt, Colo- braska. consin. Sec. 3088. Lower Cape May Meadows, Cape rado. May Point, New Jersey. Sec. 4026. Delaware and Christina Rivers and TITLE V—MISCELLANEOUS Sec. 3089. Passaic River Basin flood manage- Shellpot Creek, Wilmington, Dela- Sec. 5001. Maintenance of navigation channels. ment, New Jersey. ware. Sec. 5002. Watershed management. Sec. 3090. Buffalo Harbor, New York. Sec. 4027. Collier County Beaches, Florida. Sec. 5003. Dam safety. Sec. 3091. Orchard Beach, Bronx, New York. Sec. 4028. Lower St. Johns River, Florida. Sec. 5004. Structural integrity evaluations. Sec. 3092. Port of New York and New Jersey, Sec. 4029. Vanderbilt Beach Lagoon, Florida. Sec. 5005. Flood mitigation priority areas. New York and New Jersey. Sec. 4030. Meriwether County, Georgia. Sec. 5006. Additional assistance for authorized Sec. 3093. New York State Canal System. Sec. 4031. Tybee Island, Georgia. projects. Sec. 3094. Lower Girard Lake Dam, Ohio. Sec. 4032. Boise River, Idaho. Sec. 5007. Expedited completion of reports and Sec. 3095. Mahoning River, Ohio. Sec. 4033. Ballard’s Island Side Channel, Illi- construction for certain projects. Sec. 3096. Delaware River, Pennsylvania, New nois. Sec. 5008. Expedited completion of reports for Jersey, and Delaware. Sec. 4034. Salem, Indiana. certain projects. Sec. 3097. Raystown Lake, Pennsylvania. Sec. 4035. Buckhorn Lake, Kentucky. Sec. 5009. Southeastern water resources assess- Sec. 3098. Sheraden Park Stream and Chartiers Sec. 4036. Dewey Lake, Kentucky. ment. Creek, Allegheny County, Penn- Sec. 4037. Louisville, Kentucky. Sec. 5010. Upper Mississippi River environ- sylvania. Sec. 4038. Fall River Harbor, Massachusetts mental management program. Sec. 3099. Solomon’s Creek, Wilkes-Barre, and Rhode Island. Sec. 5011. Missouri and Middle Mississippi Pennsylvania. Sec. 4039. Clinton River, Michigan. River enhancement project.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 6343 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3611 Sec. 5012. Great Lakes fishery and ecosystem Sec. 5070. Cross Lake, Shreveport, Louisiana. Sec. 6008. Modified water deliveries. restoration. Sec. 5071. West Baton Rouge Parish, Louisiana. Sec. 6009. Deauthorizations. Sec. 5013. Great Lakes remedial action plans Sec. 5072. Charlestown, Maryland. Sec. 6010. Regional engineering model for envi- and sediment remediation. Sec. 5073. Anacostia River, District of Columbia ronmental restoration. Sec. 5014. Great Lakes tributary models. and Maryland. TITLE VII—LOUISIANA COASTAL AREA Sec. 5015. Great Lakes navigation. Sec. 5074. Delmarva Conservation Corridor, Sec. 7001. Definitions. Sec. 5016. Upper Mississippi River dispersal bar- Delaware and Maryland. Sec. 7002. Comprehensive plan. rier project. Sec. 5075. Massachusetts dredged material dis- Sec. 7003. Louisiana coastal area. Sec. 5017. Susquehanna, Delaware, and Poto- posal sites. Sec. 7004. Coastal Louisiana Ecosystem Protec- mac River Basins, Delaware, Sec. 5076. Ontonagon Harbor, Michigan. tion and Restoration Task Force. Maryland, Pennsylvania, and Sec. 5077. Crookston, Minnesota. Sec. 7005. Project modifications. Virginia. Sec. 5078. Garrison and Kathio Township, Min- Sec. 7006. Construction. Sec. 5018. Chesapeake Bay environmental res- nesota. Sec. 7007. Non-Federal cost share. toration and protection program. Sec. 5079. Itasca County, Minnesota. Sec. 7008. Project justification. Sec. 5019. Hypoxia assessment. Sec. 5080. Minneapolis, Minnesota. Sec. 7009. Independent review. Sec. 5020. Potomac River watershed assessment Sec. 5081. Northeastern Minnesota. Sec. 7010. Expedited reports. and tributary strategy evaluation Sec. 5082. Wild Rice River, Minnesota. Sec. 7011. Reporting. and monitoring program. Sec. 5083. Harrison, Hancock, and Jackson Sec. 7012. New Orleans and vicinity. Sec. 5021. Lock and dam security. Counties, Mississippi. Sec. 7013. Mississippi River Gulf Outlet. Sec. 5022. Rehabilitation. Sec. 5084. Mississippi River, Missouri and Illi- TITLE VIII—UPPER MISSISSIPPI RIVER Sec. 5023. Research and development program nois. AND ILLINOIS WATER-WAY SYSTEM for Columbia and Snake River Sec. 5085. St. Louis, Missouri. salmon survival. Sec. 5086. Hackensack Meadowlands area, New Sec. 8001. Definitions. Sec. 5024. Auburn, Alabama. Jersey. Sec. 8002. Navigation improvements and res- Sec. 5025. Pinhook Creek, Huntsville, Alabama. Sec. 5087. Atlantic Coast of New York. toration. Sec. 5026. Alaska. Sec. 5088. College Point, New York City, New Sec. 8003. Authorization of construction of Sec. 5027. Barrow, Alaska. York. navigation improvements. Sec. 5028. Coffman Cove, Alaska. Sec. 5089. Flushing Bay and Creek, New York Sec. 8004. Ecosystem restoration authorization. Sec. 5029. Fire Island, Alaska. City, New York. Sec. 8005. Comparable progress. Sec. 5030. Fort Yukon, Alaska. Sec. 5090. Hudson River, New York. SEC. 2. DEFINITION OF SECRETARY. Sec. 5031. Kotzebue Harbor, Alaska. Sec. 5091. Mount Morris Dam, New York. In this Act, the term ‘‘Secretary’’ means the Sec. 5032. Lowell Creek Tunnel, Seward, Alas- Sec. 5092. John H. Kerr Dam and Reservoir, Secretary of the Army. ka. North Carolina. TITLE I—WATER RESOURCES PROJECTS Sec. 5033. St. Herman and St. Paul Harbors, Sec. 5093. Stanly County, North Carolina. SEC. 1001. PROJECT AUTHORIZATIONS. Kodiak, Alaska. Sec. 5094. Cincinnati, Ohio. Sec. 5034. Tanana River, Alaska. Sec. 5095. Toussaint River, Ohio. Except as otherwise provided in this section, Sec. 5035. Valdez, Alaska. Sec. 5096. Eugene, Oregon. the following projects for water resources devel- Sec. 5036. Whittier, Alaska. Sec. 5097. Fern Ridge Dam, Oregon. opment and conservation and other purposes Sec. 5037. Wrangell Harbor, Alaska. Sec. 5098. Allegheny County, Pennsylvania. are authorized to be carried out by the Secretary Sec. 5038. Augusta and Clarendon, Arkansas. Sec. 5099. Kehly Run Dams, Pennsylvania. substantially in accordance with the plans, and Sec. 5039. Des Arc levee protection, Arkansas. Sec. 5100. Lehigh River, Lehigh County, Penn- subject to the conditions, described in the re- Sec. 5040. Loomis Landing, Arkansas. sylvania. spective reports designated in this section: Sec. 5041. St. Francis River Basin, Arkansas Sec. 5101. Northeast Pennsylvania. (1) HAINES, ALASKA.—The project for naviga- and Missouri. Sec. 5102. Upper Susquehanna River Basin, tion, Haines, Alaska: Report of the Chief of En- Sec. 5042. Cambria, California. Pennsylvania and New York. gineers dated December 20, 2004, at a total cost Sec. 5043. Contra Costa Canal, Oakley and Sec. 5103. Cano Martin Pena, San Juan, Puerto of $14,040,000, with an estimated Federal cost of Knightsen, California; Mallard Rico. $11,232,000 and an estimated non-Federal cost of Slough, Pittsburg, California. Sec. 5104. Cheyenne River Sioux Tribe, Lower $2,808,000. (2) PORT LIONS, ALASKA.—The project for Sec. 5044. Dana Point Harbor, California. Brule Sioux Tribe, and terrestrial navigation, Port Lions, Alaska: Report of the Sec. 5045. East San Joaquin County, California. wildlife habitat restoration, South Chief of Engineers dated June 14, 2006, at a Sec. 5046. Eastern Santa Clara basin, Cali- Dakota. total cost of $9,530,000, with an estimated Fed- fornia. Sec. 5105. Fritz Landing, Tennessee. eral cost of $7,624,000 and an estimated non- Sec. 5047. Los Osos, California. Sec. 5106. J. Percy Priest Dam and Reservoir, Federal cost of $1,906,000. Sec. 5048. Pine Flat Dam and Reservoir, Cali- Tennessee. (3) RIO SALADO OESTE, ARIZONA.—The project fornia. Sec. 5107. Town Creek, Lenoir City, Tennessee. for environmental restoration, Rio Salado Oeste, Sec. 5049. Raymond Basin, Six Basins, Chino Sec. 5108. Tennessee River partnership. Arizona: Report of the Chief of Engineers dated Basin, and San Gabriel Basin, Sec. 5109. Upper Mississippi embayment, Ten- December 19, 2006, at a total cost of $166,650,000, California. nessee, Arkansas, and Mississippi. with an estimated Federal cost of $106,629,000 Sec. 5050. San Francisco, California. Sec. 5110. Bosque River Watershed, Texas. and an estimated non-Federal cost of Sec. 5051. San Francisco, California, waterfront Sec. 5111. Dallas Floodway, Dallas Texas. $60,021,000. area. Sec. 5112. Harris County, Texas. (4) SANTA CRUZ RIVER, PASEO DE LAS IGLESIAS, Sec. 5052. San Pablo Bay, California, water- Sec. 5113. Onion Creek, Texas. ARIZONA.—The project for environmental res- shed and Suisun Marsh ecosystem Sec. 5114. Eastern Shore and southwest Vir- toration, Santa Cruz River, Pima County, Ari- restoration. ginia. zona: Report of the Chief of Engineers dated Sec. 5053. Stockton, California. Sec. 5115. Dyke Marsh, Fairfax County, Vir- March 28, 2006, at a total cost of $97,700,000, Sec. 5054. Charles Hervey Townshend Break- ginia. with an estimated Federal cost of $63,300,000 water, New Haven Harbor, Con- Sec. 5116. Baker Bay and Ilwaco Harbor, and an estimated non-Federal cost of necticut. Washington. $34,400,000. Sec. 5055. Florida Keys water quality improve- Sec. 5117. Hamilton Island campground, Wash- (5) TANQUE VERDE CREEK, PIMA COUNTY, ARI- ments. ington. ZONA.—The project for environmental restora- Sec. 5056. Lake Worth, Florida. Sec. 5118. Puget Island, Washington. tion, Tanque Verde Creek, Pima County, Ari- Sec. 5057. Riley Creek Recreation Area, Idaho. Sec. 5119. Willapa Bay, Washington. zona: Report of the Chief of Engineers dated Sec. 5058. Reconstruction of Illinois flood pro- Sec. 5120. West Virginia and Pennsylvania July 22, 2003, at a total cost of $5,906,000, with tection projects. flood control. an estimated Federal cost of $3,836,000 and an Sec. 5059. Illinois River Basin restoration. Sec. 5121. Central West Virginia. estimated non-Federal cost of $2,070,000. Sec. 5060. Kaskaskia River Basin, Illinois, res- Sec. 5122. Southern West Virginia. (6) SALT RIVER (VA SHLYAY’ AKIMEL), MARI- toration. Sec. 5123. Construction of flood control projects COPA COUNTY, ARIZONA.—The project for envi- Sec. 5061. Floodplain mapping, Little Calumet by non-Federal interests. River, Chicago, Illinois. ronmental restoration, Salt River (Va Shlyay’ Sec. 5062. Promontory Point, Lake Michigan, TITLE VI—FLORIDA EVERGLADES Akimel), Arizona: Report of the Chief of Engi- Illinois. Sec. 6001. Hillsboro and Okeechobee Aquifer, neers dated January 3, 2005, at a total cost of Sec. 5063. Burns Waterway Harbor, Indiana. Florida. $162,100,000, with an estimated Federal cost of Sec. 5064. Calumet region, Indiana. Sec. 6002. Pilot projects. $105,200,000 and an estimated non-Federal cost Sec. 5065. Paducah, Kentucky. Sec. 6003. Maximum costs. of $56,900,000. Sec. 5066. Southern and eastern Kentucky. Sec. 6004. Project authorization. (7) MAY BRANCH, FORT SMITH, ARKANSAS.—The Sec. 5067. Winchester, Kentucky. Sec. 6005. Credit. project for flood damage reduction, May Sec. 5068. Baton Rouge, Louisiana. Sec. 6006. Outreach and assistance. Branch, Fort Smith, Arkansas, Report of the Sec. 5069. Calcasieu Ship Channel, Louisiana. Sec. 6007. Critical restoration projects. Chief of Engineers dated December 19, 2006, at a

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total cost of $30,850,000, with an estimated Fed- (16) PEORIA RIVERFRONT DEVELOPMENT, ILLI- estimated Federal cost of $42,530,000 and an esti- eral cost of $15,010,000 and an estimated non- NOIS.—The project for environmental restora- mated non-Federal cost of $22,900,000. Federal cost of $15,840,000. tion, Peoria Riverfront Development, Illinois: (27) SWOPE PARK INDUSTRIAL AREA, BLUE (8) HAMILTON CITY, CALIFORNIA.—The project Report of the Chief of Engineers dated July 28, RIVER, KANSAS CITY, MISSOURI.—The project for for flood damage reduction and environmental 2003, at a total cost of $18,220,000, with an esti- flood damage reduction, Swope Park Industrial restoration, Hamilton City, California: Report of mated Federal cost of $11,840,000 and an esti- Area, Blue River, Kansas City, Missouri: Report the Chief of Engineers dated December 22, 2004, mated non-Federal cost of $6,380,000. of the Chief of Engineers dated December 30, at a total cost of $52,400,000, with an estimated (17) WOOD RIVER LEVEE SYSTEM RECONSTRUC- 2003, at a total cost of $16,980,000, with an esti- Federal cost of $34,100,000 and estimated non- TION, MADISON COUNTY, ILLINOIS.—The project mated Federal cost of $11,037,000 and an esti- Federal cost of $18,300,000. for flood damage reduction, Wood River Levee mated non-Federal cost of $5,943,000. (9) IMPERIAL BEACH, CALIFORNIA.—The project System Reconstruction, Madison County, Illi- (28) GREAT EGG HARBOR INLET TO TOWNSENDS for storm damage reduction, Imperial Beach, nois: Report of the Chief of Engineers dated INLET, NEW JERSEY.—The project for hurricane California: Report of the Chief of Engineers July 18, 2006, at a total cost of $17,220,000, with and storm damage reduction, Great Egg Harbor dated December 30, 2003, at a total cost of an estimated Federal cost of $11,193,000 and an Inlet to Townsends Inlet, New Jersey: Report of $13,700,000, with an estimated Federal cost of estimated non-Federal cost of $6,027,000. the Chief of Engineers dated October 24, 2006, at $8,521,000 and an estimated non-Federal cost of (18) DES MOINES AND RACCOON RIVERS, DES a total cost of $54,360,000, with an estimated $5,179,000, and at an estimated total cost of MOINES, IOWA.—The project for flood damage re- Federal cost of $35,069,000 and an estimated $42,500,000 for periodic beach nourishment over duction, Des Moines and Raccoon Rivers, Des non-Federal cost of $19,291,000, and at an esti- the 50-year life of the project, with an estimated Moines, Iowa: Report of the Chief of Engineers mated total cost of $202,500,000 for periodic Federal cost of $21,250,000 and an estimated dated March 28, 2006, at a total cost of nourishment over the 50-year life of the project, non-Federal cost of $21,250,000. $10,780,000, with an estimated Federal cost of with an estimated Federal cost of $101,250,000 (10) MATILIJA DAM, VENTURA COUNTY, CALI- $6,967,000 and an estimated non-Federal cost of and an estimated non-Federal cost of FORNIA.—The project for environmental restora- $3,813,000. $101,250,000. tion, Matilija Dam, Ventura County, California: (19) LICKING RIVER BASIN, CYNTHIANA, KEN- (29) HUDSON RARITAN ESTUARY, LIBERTY STATE PARK NEW JERSEY Report of the Chief of Engineers dated December TUCKY.—The project for flood damage reduction, , .— (A) IN GENERAL.—The project for environ- 20, 2004, at a total cost of $144,500,000, with an Licking River Basin, Cynthiana, Kentucky: Re- mental restoration, Hudson Raritan Estuary, estimated Federal cost of $89,700,000 and an esti- port of the Chief of Engineers dated October 24, Liberty State Park, New Jersey: Report of the mated non-Federal cost of $54,800,000. 2006, at a total cost of $18,200,000, with an esti- (11) MIDDLE CREEK, LAKE COUNTY, CALI- Chief of Engineers dated August 25, 2006, at a mated Federal cost of $11,830,000 and an esti- FORNIA.—The project for flood damage reduc- total cost of $34,100,000, with an estimated Fed- mated non-Federal cost of $6,370,000. tion and environmental restoration, Middle eral cost of $22,200,000 and an estimated non- (20) BAYOU SORREL LOCK, LOUISIANA.—The Federal cost of $11,900,000. Creek, Lake County, California: Report of the project for navigation, Bayou Sorrel Lock, Lou- (B) RESTORATION TEAMS.—In carrying out the Chief of Engineers dated November 29, 2004, at isiana: Report of the Chief of Engineers dated a total cost of $45,200,000, with an estimated project, the Secretary shall establish and utilize January 3, 2005, at a total cost of $9,680,000. The watershed restoration teams composed of estu- Federal cost of $29,500,000 and an estimated costs of construction of the project are to be non-Federal cost of $15,700,000. ary restoration experts from the Corps of Engi- paid 1⁄2 from amounts appropriated from the (12) NAPA RIVER SALT MARSH RESTORATION, neers, the New Jersey department of environ- general fund of the Treasury and 1⁄2 from CALIFORNIA.— mental protection, and the Port Authority of amounts appropriated from the Inland Water- (A) IN GENERAL.—The project for environ- New York and New Jersey and other experts mental restoration, Napa River Salt Marsh Res- ways Trust Fund. designated by the Secretary for the purpose of (21) MORGANZA TO THE GULF OF MEXICO, LOU- toration, Napa, California: Report of the Chief developing habitat restoration and water qual- ISIANA.— of Engineers dated December 22, 2004, at a total ity enhancement. (A) IN GENERAL.—The project for hurricane cost of $134,500,000, with an estimated Federal (30) MANASQUAN INLET TO BARNEGAT INLET, and storm damage reduction, Morganza to the cost of $87,500,000 and an estimated non-Federal NEW JERSEY.—The project for hurricane and Gulf of Mexico, Louisiana: Reports of the Chief cost of $47,000,000. storm damage reduction, Manasquan Inlet to of Engineers dated August 23, 2002, and July 22, (B) ADMINISTRATION.—In carrying out the Barnegat Inlet, New Jersey: Report of the Chief project authorized by this paragraph, the Sec- 2003, at a total cost of $886,700,000, with an esti- of Engineers dated December 30, 2003, at a total retary shall— mated Federal cost of $576,355,000 and an esti- cost of $71,900,000, with an estimated Federal (i) construct a recycled water pipeline extend- mated non-Federal cost of $310,345,000. cost of $46,735,000 and an estimated non-Federal ing from the Sonoma Valley County Sanitation (B) CREDIT.—The Secretary shall credit to- cost of $25,165,000, and at an estimated total District Waste Water Treatment Plant and the ward the non-Federal share of the cost of the cost of $119,680,000 for periodic beach nourish- Napa Sanitation District Waste Water Treat- project the cost of design and construction work ment over the 50-year life of the project, with an ment Plant to the project; and carried out by the non-Federal interest before estimated Federal cost of $59,840,000 and an esti- (ii) restore or enhance Salt Ponds 1, 1A, 2, and the date of the partnership agreement for the mated non-Federal cost of $59,840,000. 3. project if the Secretary determines that the work (31) RARITAN BAY AND SANDY HOOK BAY, UNION (13) DENVER COUNTY REACH, SOUTH PLATTE is integral to the project. BEACH, NEW JERSEY.—The project for hurricane RIVER, DENVER, COLORADO.—The project for en- (22) PORT OF IBERIA, LOUISIANA.—The project and storm damage reduction, Raritan Bay and vironmental restoration, Denver County Reach, for navigation, Port of Iberia, Louisiana, Report Sandy Hook Bay, Union Beach, New Jersey: Re- South Platte River, Denver, Colorado: Report of of the Chief of Engineers dated December 31, port of the Chief of Engineers dated January 4, the Chief of Engineers dated May 16, 2003, at a 2006, at a total cost of $131,250,000, with an esti- 2006, at a total cost of $115,000,000, with an esti- total cost of $21,050,000, with an estimated Fed- mated Federal cost of $105,315,000 and an estimated Federal cost of $74,800,000 and an esti- eral cost of $13,680,000 and an estimated non- mated non-Federal cost of $25,935,000. mated non-Federal cost of $40,200,000, and at an Federal cost of $7,370,000. (23) SMITH ISLAND, SOMERSET COUNTY, MARY- estimated total cost of $6,500,000 for periodic (14) MIAMI HARBOR, MIAMI-DADE COUNTY, LAND.—The project for environmental restora- nourishment over the 50-year life of the project, FLORIDA.— tion, Smith Island, Somerset County, Maryland: with an estimated Federal cost of $3,250,000 and (A) IN GENERAL.—The project for navigation, Report of the Chief of Engineers dated October an estimated non-Federal cost of $3,250,000. Miami Harbor, Miami-Dade County, Florida: 29, 2001, at a total cost of $15,580,000, with an (32) SOUTH RIVER, RARITAN RIVER BASIN, NEW Report of the Chief of Engineers dated April 25, estimated Federal cost of $10,127,000 and an esti- JERSEY.—The project for hurricane and storm 2005, at a total cost of $125,270,000, with an estimated non-Federal cost of $5,453,000. damage reduction and environmental restora- mated Federal cost of $75,140,000 and an esti- (24) ROSEAU RIVER, ROSEAU, MINNESOTA.—The tion, South River, Raritan River Basin, New mated non-Federal cost of $50,130,000. project for flood damage reduction, Roseau Jersey: Report of the Chief of Engineers dated (B) GENERAL REEVALUATION REPORT.—The River, Roseau, Minnesota, Report of the Chief July 22, 2003, at a total cost of $122,300,000, with non-Federal share of the cost of the general re- of Engineers dated December 19, 2006, at a total an estimated Federal cost of $79,500,000 and an evaluation report that resulted in the report of cost of $25,100,000, with an estimated Federal estimated non-Federal cost of $42,800,000. the Chief of Engineers referred to in subpara- cost of $13,820,000 and an estimated non-Federal (33) SOUTHWEST VALLEY, BERNALILLO COUNTY, graph (A) shall be the same percentage as the cost of $11,280,000. NEW MEXICO.—The project for flood damage re- non-Federal share of cost of construction of the (25) MISSISSIPPI COASTAL, MISSISSIPPI.—The duction, Southwest Valley, Bernalillo County, project. project for hurricane and storm damage reduc- New Mexico: Report of the Chief of Engineers (C) AGREEMENT.—The Secretary shall enter tion and environmental restoration, Mississippi dated November 29, 2004, at a total cost of into a new partnership with the non-Federal in- Coastal, Mississippi, Report of the Chief of En- $24,840,000, with an estimated Federal cost of terest to reflect the cost sharing required by sub- gineers dated December 31, 2006, at a total cost $16,150,000 and an estimated non-Federal cost of paragraph (B). of $107,690,000, with an estimated Federal cost of $8,690,000. (15) EAST ST. LOUIS AND VICINITY, ILLINOIS.— $70,000,000 and an estimated non-Federal cost of (34) MONTAUK POINT, NEW YORK.—The project The project for environmental restoration and $37,690,000. for hurricane and storm damage reduction, recreation, East St. Louis and Vicinity, Illinois: (26) KANSAS CITYS LEVEES, MISSOURI AND KAN- Montauk Point, New York: Report of the Chief Report of the Chief of Engineers dated December SAS.—The project for flood damage reduction, of Engineers dated March 31, 2006, at a total 22, 2004, at a total cost of $208,260,000, with an Kansas Citys levees, Missouri and Kansas, Re- cost of $14,600,000, with an estimated Federal estimated Federal cost of $134,910,000 and an es- port of the Chief of Engineers dated December cost of $7,300,000 and an estimated non-Federal timated non-Federal cost of $73,350,000. 19, 2006, at a total cost of $65,430,000, with an cost of $7,300,000.

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(35) HOCKING RIVER, MONDAY CREEK SUB- (2) WEISS LAKE, ALABAMA.—Project for flood (31) SPRING CREEK, LOWER MACUNGIE TOWN- BASIN, OHIO.—The project for environmental res- damage reduction, Weiss Lake, Alabama. SHIP, PENNSYLVANIA.—Project for flood damage toration, Hocking River, Monday Creek Sub- (3) LITTLE COLORADO RIVER LEVEE, ARIZONA.— reduction, Spring Creek, Lower Macungie basin, Ohio: Report of the Chief of Engineers Project for flood damage reduction, Little Colo- Township, Pennsylvania. dated August 24, 2006, at a total cost of rado River Levee, Arizona. (32) YARDLEY AQUEDUCT, SILVER AND BROCK $20,980,000, with an estimated Federal cost of (4) CACHE RIVER BASIN, GRUBBS, ARKANSAS.— CREEKS, YARDLEY, PENNSYLVANIA.—Project for $13,440,000 and an estimated non-Federal cost of Project for flood damage reduction, Cache River flood damage reduction, Yardley Aqueduct, Sil- $7,540,000. Basin, Grubbs, Arkansas. ver and Brock Creeks, Yardley, Pennsylvania. (36) TOWN OF BLOOMSBURG, COLUMBIA COUN- (5) BARREL SPRINGS WASH, PALMDALE, CALI- (33) SURFSIDE BEACH, SOUTH CAROLINA.— TY, PENNSYLVANIA.—The project for flood dam- FORNIA.—Project for flood damage reduction, Project for flood damage reduction, Surfside age reduction, town of Bloomsburg, Columbia Barrel Springs Wash, Palmdale, California. Beach and vicinity, South Carolina. County, Pennsylvania: Report of the Chief of (6) BORREGO SPRINGS, CALIFORNIA.—Project (34) CONGELOSI DITCH, MISSOURI CITY, Engineers dated January 25, 2006, at a total cost for flood damage reduction, Borrego Springs, TEXAS.—Project for flood damage reduction, of $44,500,000, with an estimated Federal cost of California. Congelosi Ditch, Missouri City, Texas. $28,925,000 and an estimated non-Federal cost of (7) COLTON, CALIFORNIA.—Project for flood (35) DILLEY, TEXAS.—Project for flood damage $15,575,000. damage reduction, Colton, California. reduction, Dilley, Texas. (37) PAWLEY’S ISLAND, SOUTH CAROLINA.—The (8) DUNLAP STREAM, YUCAIPA, CALIFORNIA.— (b) SPECIAL RULES.— project for hurricane and storm damage reduc- Project for flood damage reduction, Dunlap (1) CACHE RIVER BASIN, GRUBBS, ARKANSAS.— tion, Pawley’s Island, South Carolina, Report of Stream, Yucaipa, California. The Secretary may proceed with the project for the Chief of Engineers dated December 19, 2006, (9) HUNTS CANYON WASH, PALMDALE, CALI- the Cache River Basin, Grubbs, Arkansas, re- at a total cost of $8,980,000, with an estimated FORNIA.—Project for flood damage reduction, ferred to in subsection (a), notwithstanding that Federal cost of $5,840,000 and an estimated non- Hunts Canyon Wash, Palmdale, California. the project is located within the boundaries of Federal cost of $3,140,000, and at an estimated (10) ONTARIO AND CHINO, CALIFORNIA.—Project the flood control project, Cache River Basin, Ar- total cost of $21,200,000 for periodic nourishment for flood damage reduction, Ontario and Chino, kansas and Missouri, authorized by section 204 over the 50-year life of the project, with an esti- California. of the Flood Control Act of 1950, (64 Stat. 172) mated Federal cost of $10,600,000 and an esti- (11) SANTA VENETIA, CALIFORNIA.—Project for and modified by section 99 of the Water Re- mated non-Federal cost of $10,600,000. flood damage reduction, Santa Venetia, Cali- sources Development Act of 1974 (88 Stat. 41). (38) CORPUS CHRISTI SHIP CHANNEL, CORPUS fornia. (2) ONTARIO AND CHINO, CALIFORNIA.—The CHRISTI, TEXAS.—The project for navigation and (12) WHITTIER, CALIFORNIA.—Project for flood Secretary shall carry out the project for flood ecosystem restoration, Corpus Christi Ship damage reduction, Whittier, California. damage reduction, Ontario and Chino, Cali- Channel, Texas: Report of the Chief of Engi- (13) WILDWOOD CREEK, YUCAIPA, CALI- fornia, referred to in subsection (a) if the Sec- neers dated June 2, 2003, at a total cost of FORNIA.—Project for flood damage reduction, retary determines that the project is feasible. $188,110,000, with an estimated Federal cost of Wildwood Creek, Yucaipa, California. (3) SANTA VENETIA, CALIFORNIA.—The Sec- $87,810,000 and an estimated non-Federal cost of (14) ST. FRANCISVILLE, LOUSIANA.—Project for retary shall carry out the project for flood dam- $100,300,000. flood damage reduction, St. Francisville, Lou- age reduction, Santa Venetia, California, re- ULF INTRACOASTAL WATERWAY, (39) G isiana. ferred to in subsection (a) if the Secretary deter- MATAGORDA BAY RE-ROUTE, TEXAS.—The project (15) SALEM, MASSACHUSETTS.—Project for mines that the project is feasible and shall allow for navigation, Gulf Intracoastal Waterway, flood damage reduction, Salem, Massachusetts. the non-Federal interest to participate in the fi- Matagorda Bay Re-Route, Texas: Report of the (16) CASS RIVER, MICHIGAN.—Project for flood nancing of the project in accordance with sec- Chief of Engineers dated December 24, 2002, at a damage reduction, Cass River, Vassar and vicin- tion 903(c) of the Water Resources Development total cost of $17,280,000. The costs of construc- ity, Michigan. Act of 1986 (100 Stat. 4184) to the extent that the tion of the project are to be paid 1⁄2 from (17) CROW RIVER, ROCKFORD, MINNESOTA.— Secretary’s evaluation indicates that applying amounts appropriated from the general fund of Project for flood damage reduction, Crow River, such section is necessary to implement the the Treasury and 1⁄2 from amounts appropriated Rockford, Minnesota. project. from the Inland Waterways Trust Fund. (18) MARSH CREEK, MINNESOTA.—Project for (4) WHITTIER, CALIFORNIA.—The Secretary (40) GULF INTRACOASTAL WATERWAY, HIGH IS- flood damage reduction, Marsh Creek, Min- shall carry out the project for flood damage re- LAND TO BRAZOS RIVER, TEXAS.—The project for duction, Whittier, California, referred to in sub- navigation, Gulf Intracoastal Waterway, High nesota. OUTH BRANCH OF THE WILD RICE RIVER, section (a) if the Secretary determines that the Island to Brazos River, Texas: Report of the (19) S project is feasible. Chief of Engineers dated April 16, 2004, at a BORUP, MINNESOTA.—Project for flood damage (5) SOUTH BRANCH OF THE WILD RICE RIVER, total cost of $14,450,000. The costs of construc- reduction, South Branch of the Wild Rice River, Borup, Minnesota. BORUP, MINNESOTA.—In carrying out the project tion of the project are to be paid 1⁄2 from for flood damage reduction, South Branch of amounts appropriated from the general fund of (20) BLACKSNAKE CREEK, ST. JOSEPH, MIS- SOURI.—Project for flood damage reduction, the Wild Rice River, Borup, Minnesota, referred the Treasury and 1⁄2 from amounts appropriated to in subsection (a) the Secretary may consider from the Inland Waterways Trust Fund. Blacksnake Creek, St. Joseph, Missouri. (41) LOWER COLORADO RIVER BASIN PHASE I, (21) ACID BROOK, POMPTON LAKES, NEW JER- national ecosystem restoration benefits in deter- TEXAS.—The project for flood damage reduction SEY.—Project for flood damage reduction, Acid mining the Federal interest in the project and and environmental restoration, Lower Colorado Brook, Pompton Lakes, New Jersey. shall allow the non-Federal interest to partici- River Basin Phase I, Texas, Report of the Chief (22) CANNISTEO RIVER, ADDISON, NEW YORK.— pate in the financing of the project in accord- of Engineers dated December 31, 2006, at a total Project for flood damage reduction, Cannisteo ance with section 903(c) of the Water Resources cost of $110,730,000, with an estimated Federal River, Addison, New York. Development Act of 1986 (100 Stat. 4184) to the cost of $69,640,000 and an estimated non-Federal (23) COHOCTON RIVER, CAMPBELL, NEW YORK.— extent that the Secretary’s evaluation indicates cost of $41,090,000. Project for flood damage reduction, Cohocton that applying such section is necessary to imple- (42) ATLANTIC INTRACOASTAL WATERWAY River, Campbell, New York. ment the project. BRIDGE REPLACEMENT, DEEP CREEK, CHESAPEAKE, (24) DRY AND OTTER CREEKS, CORTLAND, NEW (6) ACID BROOK, POMPTON LAKES, NEW JER- VIRGINIA.—The project for Atlantic Intracoastal YORK.—Project for flood damage reduction, Dry SEY.—The Secretary shall carry out the project Waterway Bridge Replacement, Deep Creek, and Otter Creeks, Cortland, New York. for flood damage reduction, Acid Brook, Chesapeake, Virginia: Report of the Chief of (25) EAST RIVER, SILVER BEACH, NEW YORK Pompton Lakes, New Jersey, referred to in sub- Engineers dated March 3, 2003, at a total cost of CITY, NEW YORK.—Project for flood damage re- section (a) if the Secretary determines that the $37,200,000. duction, East River, Silver Beach, New York project is feasible. (43) CRANEY ISLAND EASTWARD EXPANSION, City, New York. (7) DILLEY, TEXAS.—The Secretary shall carry NORFOLK HARBOR AND CHANNELS, VIRGINIA.— (26) EAST VALLEY CREEK, ANDOVER, NEW out the project for flood damage reduction, The project for navigation, Craney Island East- YORK.—Project for flood damage reduction, East Dilley, Texas, referred to in subsection (a) if the ward Expansion, Norfolk Harbor and Channels, Valley Creek, Andover, New York. Secretary determines that the project is feasible. Virginia: Report of Chief of Engineers dated Oc- (27) SUNNYSIDE BROOK, WESTCHESTER COUNTY, SEC. 1003. SMALL PROJECTS FOR EMERGENCY tober 24, 2006, at a total cost of $712,103,000, NEW YORK.—Project for flood damage reduction, STREAMBANK PROTECTION. with an estimated Federal cost of $31,229,000 Sunnyside Brook, Westchester County, New The Secretary shall conduct a study for each and an estimated non-Federal cost of York. of the following projects and, if the Secretary $680,874,000. (28) LITTLE YANKEE RUN, OHIO.—Project for determines that a project is feasible, may carry SEC. 1002. SMALL PROJECTS FOR FLOOD DAMAGE flood damage reduction, Little Yankee Run, out the project under section 14 of the Flood REDUCTION. Ohio. Control Act of 1946 (33 U.S.C. 701r): (a) IN GENERAL.—The Secretary shall conduct (29) LITTLE NESHAMINY CREEK, WARRENTON, (1) ST. JOHNS BLUFF TRAINING WALL, DUVAL a study for each of the following projects and, PENNSYLVANIA.—Project for flood damage reduc- COUNTY, FLORIDA.—Project for emergency if the Secretary determines that a project is fea- tion, Little Neshaminy Creek, Warrenton, Penn- streambank protection, St. Johns Bluff Training sible, may carry out the project under section sylvania. Wall, Duval County, Florida. 205 of the Flood Control Act of 1948 (33 U.S.C. (30) SOUTHAMPTON CREEK WATERSHED, SOUTH- (2) GULF INTRACOASTAL WATERWAY, IBERVILLE 701s): AMPTON, PENNSYLVANIA.—Project for flood dam- PARISH, LOUISIANA.—Projects for emergency (1) HALEYVILLE, ALABAMA.—Project for flood age reduction, Southampton Creek watershed, streambank restoration, Gulf Intracoastal Wa- damage reduction, Haleyville, Alabama. Southampton, Pennsylvania. terway, Iberville Parish, Louisiana.

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(3) OUACHITA AND BLACK RIVERS, ARKANSAS (9) TOWER HARBOR, TOWER, MINNESOTA.— tion, Santa Rosa Creek in the vicinity of the AND LOUISIANA.—Projects for emergency Project for navigation, Tower Harbor, Tower, Prince Memorial Greenway, Santa Rosa, Cali- streambank protection, Ouachita and Black Minnesota. fornia. Rivers, Arkansas and Louisiana. (10) OLCOTT HARBOR, OLCOTT, NEW YORK.— (7) STOCKTON DEEP WATER SHIP CHANNEL AND (4) PINEY POINT LIGHTHOUSE, ST. MARY’S Project for navigation, Olcott Harbor, Olcott, LOWER SAN JOAQUIN RIVER, CALIFORNIA.—Project COUNTY, MARYLAND.—Project for emergency New York. for aquatic ecosystem restoration, Stockton streambank protection, Piney Point Lighthouse, (b) SPECIAL RULES.— Deep Water Ship Channel and lower San Joa- St. Mary’s County, Maryland. (1) TRAVERSE CITY HARBOR, TRAVERSE CITY, quin River, California. (5) PUG HOLE LAKE, MINNESOTA.—Project for MICHIGAN.—The Secretary shall review the lo- (8) SWEETWATER RESERVOIR, SAN DIEGO COUN- emergency streambank protection, Pug Hole cally prepared plan for the project for naviga- TY, CALIFORNIA.—Project for aquatic ecosystem Lake, Minnesota. tion, Traverse City Harbor, Michigan, referred restoration, Sweetwater Reservoir, San Diego (6) MIDDLE FORK GRAND RIVER, GENTRY COUN- to in subsection (a), and, if the Secretary deter- County, California, including efforts to address TY, MISSOURI.—Project for emergency mines that the plan meets the evaluation and aquatic nuisance species. streambank protection, Middle Fork Grand design standards of the Corps of Engineers and (9) BISCAYNE BAY, FLORIDA.—Project for River, Gentry County, Missouri. that the plan is feasible, the Secretary may use aquatic ecosystem restoration, Biscayne Bay, (7) PLATTE RIVER, PLATTE CITY, MISSOURI.— the plan to carry out the project and shall pro- Key Biscayne, Florida. Project for emergency streambank protection, vide credit toward the non-Federal share of the (10) CLAM BAYOU AND DINKINS BAYOU, SANIBEL Platte River, Platte City, Missouri. cost of the project for the cost of work carried ISLAND, FLORIDA.—Project for aquatic ecosystem (8) RUSH CREEK, PARKVILLE, MISSOURI.— out by the non-Federal interest before the date restoration, Clam Bayou and Dinkins Bayou, Project for emergency streambank protection, of the partnership agreement for the project if Sanibel Island, Florida. Rush Creek, Parkville, Missouri, including the Secretary determines that the work is inte- (11) CHATTAHOOCHEE FALL LINE, GEORGIA AND measures to address degradation of the creek gral to the project. ALABAMA.—Project for aquatic ecosystem res- bed. (2) TOWER HARBOR, TOWER MINNESOTA.—The toration, Chattahoochee Fall Line, Georgia and (9) DRY AND OTTER CREEKS, CORTLAND COUN- Secretary shall carry out the project for naviga- Alabama. TY, NEW YORK.—Project for emergency tion, Tower Harbor, Tower, Minnesota, referred (12) LONGWOOD COVE, GAINESVILLE, GEOR- streambank protection, Dry and Otter Creeks, to in subsection (a) if the Secretary determines GIA.—Project for aquatic ecosystem restoration, Cortland County, New York. that the project is feasible. Longwood Cove, Gainesville, Georgia. (10) KEUKA LAKE, HAMMONDSPORT, NEW SEC. 1005. SMALL PROJECTS FOR IMPROVEMENT (13) CITY PARK, UNIVERSITY LAKES, LOU- YORK.—Project for emergency streambank pro- OF THE QUALITY OF THE ENVIRON- ISIANA.—Project for aquatic ecosystem restora- tection, Keuka Lake, Hammondsport, New York. MENT. tion, City Park, University Lakes, Louisiana. (11) KOWAWESE UNIQUE AREA AND HUDSON The Secretary shall conduct a study for each (14) MILL POND, LITTLETON, MASSACHU- RIVER, NEW WINDSOR, NEW YORK.—Project for of the following projects and, if the Secretary SETTS.—Project for aquatic ecosystem restora- emergency streambank protection, Kowawese determines that a project is appropriate, may tion, Mill Pond, Littleton, Massachusetts. Unique Area and Hudson River, New Windsor, carry out the project under section 1135 of the (15) PINE TREE BROOK, MILTON, MASSACHU- New York. Water Resources Development Act of 1986 (33 SETTS.—Project for aquatic ecosystem restora- (12) OWEGO CREEK, TIOGA COUNTY, NEW U.S.C. 2309a): tion, Pine Tree Brook, Milton, Massachusetts. YORK.—Project for emergency streambank pro- (1) BALLONA CREEK, LOS ANGELES COUNTY, (16) RUSH LAKE, MINNESOTA.—Project for tection, Owego Creek, Tioga County, New York. CALIFORNIA.—Project for improvement of the aquatic ecosystem restoration, Rush Lake, Min- (13) HOWARD ROAD OUTFALL, SHELBY COUNTY, quality of the environment, Ballona Creek, Los nesota. TENNESSEE.—Project for emergency streambank Angeles County, California. (17) SOUTH FORK OF THE CROW RIVER, HUTCH- protection, Howard Road outfall, Shelby Coun- (2) BALLONA LAGOON TIDE GATES, MARINA DEL INSON, MINNESOTA.—Project for aquatic eco- ty, Tennessee. REY, CALIFORNIA.—Project for improvement of system restoration, South Fork of the Crow (14) MITCH FARM DITCH AND LATERAL D, SHEL- the quality of the environment, Ballona Lagoon River, Hutchinson, Minnesota. BY COUNTY, TENNESSEE.—Project for emergency Tide Gates, Marina Del Rey, California. (18) ST. LOUIS, MISSOURI.—Project for aquatic streambank protection, Mitch Farm Ditch and (3) FT. GEORGE INLET, DUVAL COUNTY, FLOR- ecosystem restoration, St. Louis, Missouri. Lateral D, Shelby County, Tennessee. IDA.—Project for improvement of the quality of (19) TRUCKEE RIVER, RENO, NEVADA.—Project (15) WOLF RIVER TRIBUTARIES, SHELBY COUN- the environment, Ft. George Inlet, Duval Coun- for aquatic ecosystem restoration, Truckee TY, TENNESSEE.—Project for emergency ty, Florida. River, Reno, Nevada, including features for fish streambank protection, Wolf River tributaries, (4) RATHBUN LAKE, IOWA.—Project for im- passage for Washoe County. provement of the quality of the environment, Shelby County, Tennessee. (20) GROVER’S MILL POND, NEW JERSEY.— (16) JOHNSON CREEK, ARLINGTON, TEXAS.— Rathbun Lake, Iowa. Project for aquatic ecosystem restoration, (5) SMITHVILLE LAKE, MISSOURI.—Project for Project for emergency streambank protection, Grover’s Mill Pond, New Jersey. improvement of the quality of the environment, Johnson Creek, Arlington, Texas. (21) DUGWAY CREEK, BRATENAHL, OHIO.— Smithville Lake, Missouri. (17) WELLS RIVER, NEWBURY, VERMONT.— Project for aquatic ecosystem restoration, (6) DELAWARE BAY, NEW JERSEY AND DELA- Project for emergency streambank protection, Dugway Creek, Bratenahl, Ohio. WARE.—Project for improvement of the quality Wells River, Newbury, Vermont. (22) JOHNSON CREEK, GRESHAM, OREGON.— of the environment, Delaware Bay, New Jersey Project for aquatic ecosystem restoration, John- SEC. 1004. SMALL PROJECTS FOR NAVIGATION. and Delaware, for the purpose of oyster restora- son Creek, Gresham, Oregon. (a) IN GENERAL.—The Secretary shall conduct tion. (23) BEAVER CREEK, BEAVER AND SALEM, PENN- a study for each of the following projects and, (7) TIOGA-HAMMOND LAKES, PENNSYLVANIA.— SYLVANIA.—Project for aquatic ecosystem res- if the Secretary determines that a project is fea- Project for improvement of the quality of the en- toration, Beaver Creek, Beaver and Salem, sible, may carry out the project under section vironment, Tioga-Hammond Lakes, Pennsyl- Pennsylvania. 107 of the River and Harbor Act of 1960 (33 vania. (24) CEMENTON DAM, LEHIGH RIVER, PENNSYL- U.S.C. 577): SEC. 1006. SMALL PROJECTS FOR AQUATIC ECO- VANIA.—Project for aquatic ecosystem restora- (1) MISSISSIPPI RIVER SHIP CHANNEL, LOU- SYSTEM RESTORATION. tion, Cementon Dam, Lehigh River, Pennsyl- ISIANA.—Project for navigation, Mississippi (a) IN GENERAL.—The Secretary shall conduct vania. River Ship Channel, Louisiana. a study for each of the following projects and, (25) SAUCON CREEK, NORTHAMPTON COUNTY, (2) EAST BASIN, CAPE COD CANAL, SANDWICH, if the Secretary determines that a project is ap- PENNSYLVANIA.—Project for aquatic ecosystem MASSACHUSETTS.—Project for navigation, East propriate, may carry out the project under sec- restoration, Saucon Creek, Northampton Coun- Basin, Cape Cod Canal, Sandwich, Massachu- tion 206 of the Water Resources Development ty, Pennsylvania. setts. Act of 1996 (33 U.S.C. 2330): (26) BLACKSTONE RIVER, RHODE ISLAND.— (3) LYNN HARBOR, LYNN, MASSACHUSETTS.— (1) CYPRESS CREEK, MONTGOMERY, ALABAMA.— Project for aquatic ecosystem restoration, Black- Project for navigation, Lynn Harbor, Lynn, Project for aquatic ecosystem restoration, Cy- stone River, Rhode Island. Massachusetts. press Creek, Montgomery, Alabama. ILSON BRANCH CHERAW SOUTH CARO (4) MERRIMACK RIVER, HAVERHILL, MASSACHU- (2) BLACK LAKE, ALASKA.—Project for aquatic (27) W , , - SETTS.—Project for navigation, Merrimack ecosystem restoration, Black Lake, Alaska, at LINA.—Project for aquatic ecosystem restoration, River, Haverhill, Massachusetts. the head of the Chignik watershed. Wilson Branch, Cheraw, South Carolina. (5) OAK BLUFFS HARBOR, OAK BLUFFS, MASSA- (3) BEN LOMOND DAM, SANTA CRUZ, CALI- (28) WHITE RIVER, BETHEL, VERMONT.—Project CHUSETTS.—Project for navigation, Oak Bluffs FORNIA.—Project for aquatic ecosystem restora- for aquatic ecosystem restoration, White River, Harbor, Oak Bluffs, Massachusetts. tion, Ben Lomond Dam, Santa Cruz, California. Bethel, Vermont. (6) WOODS HOLE GREAT HARBOR, FALMOUTH, (4) DOCKWEILER BLUFFS, LOS ANGELES COUN- (b) SPECIAL RULE.—The Secretary shall carry MASSACHUSETTS.—Project for navigation, Woods TY, CALIFORNIA.—Project for aquatic ecosystem out the project for aquatic ecosystem restora- Hole Great Harbor, Falmouth, Massachusetts. restoration, Dockweiler Bluffs, Los Angeles tion, Black Lake, Alaska referred to in sub- (7) AU SABLE RIVER, MICHIGAN.—Project for County, California. section (a) if the Secretary determines that the navigation, Au Sable River in the vicinity of (5) SALT RIVER, CALIFORNIA.—Project for project is feasible. Oscoda, Michigan. aquatic ecosystem restoration, Salt River, Cali- SEC. 1007. SMALL PROJECTS FOR SHORELINE (8) TRAVERSE CITY HARBOR, TRAVERSE CITY, fornia. PROTECTION. MICHIGAN.—Project for navigation, Traverse (6) SANTA ROSA CREEK, SANTA ROSA, CALI- The Secretary shall conduct a study for each City Harbor, Traverse City, Michigan. FORNIA.—Project for aquatic ecosystem restora- of the following projects and, if the Secretary

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NATIONAL SHORELINE EROSION CON- project will be carried out) under which each owned property’’, approved August 13, 1946 (33 TROL DEVELOPMENT AND DEM- party agrees to carry out its responsibilities and U.S.C. 426g): ONSTRATION PROGRAM. requirements for implementation or construction (1) NELSON LAGOON, ALASKA.—Project for (a) EXTENSION OF PROGRAM.—Section 5(a) of of the project or the appropriate element of the shoreline protection, Nelson Lagoon, Alaska. the Act entitled ‘‘An Act authorizing Federal project, as the case may be; except that no such (2) SANIBEL ISLAND, FLORIDA.—Project for participation in the cost of protecting the shores agreement shall be required if the Secretary de- shoreline protection, Sanibel Island, Florida. of publicly owned property’’, approved August termines that the administrative costs associated (3) APRA HARBOR, GUAM.—Project for shore- 13, 1946 (33 U.S.C. 426h(a)), is amended by strik- with negotiating, executing, or administering line protection, Apra Harbor, Guam. ing ‘‘7 years’’ and inserting ‘‘10 years’’. the agreement would exceed the amount of the (4) PITI, CABRAS ISLAND, GUAM.—Project for (b) EXTENSION OF PLANNING, DESIGN, AND contribution required from the non-Federal in- shoreline protection, Piti, Cabras Island, Guam. CONSTRUCTION PHASE.—Section 5(b)(1)(A) of terest and are less than $25,000. (5) NARROWS AND GRAVESEND BAY, UPPER NEW such Act (33 U.S.C. 426h(b)(1)(A)) is amended by YORK BAY, BROOKLYN, NEW YORK.—Project for ‘‘(2) LIQUIDATED DAMAGES.—A partnership striking ‘‘3 years’’ and inserting ‘‘6 years’’. shoreline protection in the vicinity of the con- agreement described in paragraph (1) may in- (c) COST SHARING; REMOVAL OF PROJECTS.— fluence of the Narrows and Gravesend Bay, clude a provision for liquidated damages in the Section 5(b) of such Act (33 U.S.C. 426h(b)) is Upper New York Bay, Shore Parkway Green- event of a failure of one or more parties to per- way, Brooklyn, New York. amended— form. (6) DELAWARE RIVER, PHILADELPHIA NAVAL (1) by redesignating paragraphs (3) and (4) as ‘‘(3) OBLIGATION OF FUTURE APPROPRIA- SHIPYARD, PENNSYLVANIA.—Project for shoreline paragraphs (5) and (6), respectively; and TIONS.—In any partnership agreement described protection, Delaware River in the vicinity of the (2) by inserting after paragraph (2) the fol- in paragraph (1) and entered into by a State, or Philadelphia Naval Shipyard, Pennsylvania. lowing: a body politic of the State which derives its (7) PORT ARANSAS, TEXAS.—Project for shore- ‘‘(3) COST SHARING.—The Secretary may enter powers from the State constitution, or a govern- line protection, Port Aransas, Texas. into a cost sharing agreement with a non-Fed- mental entity created by the State legislature, SEC. 1008. SMALL PROJECTS FOR SNAGGING AND eral interest to carry out a project, or a phase the agreement may reflect that it does not obli- SEDIMENT REMOVAL. of a project, under the erosion control program gate future appropriations for such performance The Secretary shall conduct a study for the in cooperation with the non-Federal interest. and payment when obligating future appropria- following project and, if the Secretary deter- ‘‘(4) REMOVAL OF PROJECTS.—The Secretary tions would be inconsistent with constitutional mines that the project is feasible, the Secretary may pay all or a portion of the costs of removing or statutory limitations of the State or a polit- may carry out the project under section 2 of the a project, or an element of a project, constructed ical subdivision of the State. Flood Control Act of August 28, 1937 (33 U.S.C. under the erosion control program if the Sec- ‘‘(4) CREDIT FOR IN-KIND CONTRIBUTIONS.— 701g): Project for removal of snags and clearing retary determines during the term of the pro- ‘‘(A) IN GENERAL.—A partnership agreement and straightening of channels for flood control, gram that the project or element is detrimental described in paragraph (1) may provide with re- Kowawese Unique Area and Hudson River, New to the environment, private property, or public spect to a project that the Secretary shall credit Windsor, New York. safety.’’. toward the non-Federal share of the cost of the TITLE II—GENERAL PROVISIONS (d) AUTHORIZATION OF APPROPRIATIONS.—Sec- project, including a project implemented without tion 5(e)(2) of such Act (33 U.S.C. 426h(e)(2)) is SEC. 2001. NON-FEDERAL CONTRIBUTIONS. specific authorization in law, the value of in- Section 103 of the Water Resources Develop- amended by striking ‘‘$25,000,000’’ and inserting kind contributions made by the non-Federal in- ment Act of 1986 (33 U.S.C. 2213) is amended by ‘‘$31,000,000’’. terest, including— adding at the end the following: SEC. 2005. SMALL SHORE AND BEACH RESTORA- ‘‘(i) the costs of planning (including data col- ‘‘(n) NON-FEDERAL CONTRIBUTIONS.— TION AND PROTECTION PROJECTS. lection), design, management, mitigation, con- ‘‘(1) PROHIBITION ON SOLICITATION OF EXCESS Section 3 of the Act entitled ‘‘An Act author- struction, and construction services that are CONTRIBUTIONS.—The Secretary may not— izing Federal participation in the cost of pro- provided by the non-Federal interest for imple- ‘‘(A) solicit contributions from non-Federal in- tecting the shores of publicly owned property’’, mentation of the project; terests for costs of constructing authorized approved August 13, 1946 (33 U.S.C. 426g), is ‘‘(ii) the value of materials or services pro- water resources projects or measures in excess of amended by striking ‘‘$3,000,000’’ and inserting vided before execution of the partnership agree- the non-Federal share assigned to the appro- ‘‘$5,000,000’’. ment, including efforts on constructed elements priate project purposes listed in subsections (a), SEC. 2006. AQUATIC ECOSYSTEM RESTORATION. incorporated into the project; and (b), and (c); or Section 206(e) of the Water Resources Develop- ‘‘(iii) the value of materials and services pro- ‘‘(B) condition Federal participation in such ment Act of 1996 (33 U.S.C. 2330) is amended by vided after execution of the partnership agree- projects or measures on the receipt of such con- striking ‘‘$25,000,000’’ and inserting ment. tributions. ‘‘$40,000,000’’. ‘‘(B) CONDITION.—The Secretary shall credit ‘‘(2) LIMITATION ON STATUTORY CONSTRUC- an in-kind contribution under subparagraph (A) TION.—Nothing in this subsection shall be con- SEC. 2007. SMALL FLOOD DAMAGE REDUCTION strued to affect the Secretary’s authority under PROJECTS. if the Secretary determines that the material or section 903(c).’’. Section 205 of the Flood Control Act of 1948 service provided as an in-kind contribution is integral to the project. SEC. 2002. HARBOR COST SHARING. (33 U.S.C. 701s) is amended by striking ‘‘(C) WORK PERFORMED BEFORE PARTNERSHIP (a) PAYMENTS DURING CONSTRUCTION.—Sec- ‘‘$50,000,000’’ and inserting ‘‘$60,000,000’’. tion 101(a)(1) of the Water Resources Develop- SEC. 2008. MODIFICATION OF PROJECTS FOR IM- AGREEMENT.—In any case in which the non- ment Act of 1986 (33 U.S.C. 2211(a)(1); 100 Stat. PROVEMENT OF THE QUALITY OF Federal interest is to receive credit under sub- 4082) is amended in each of subparagraphs (B) THE ENVIRONMENT. paragraph (A)(ii) for the cost of work carried and (C) by striking ‘‘45 feet’’ and inserting ‘‘53 Section 1135(h) of the Water Resources Devel- out by the non-Federal interest and such work feet’’. opment Act of 1986 (33 U.S.C. 2309a(h)) is has not been carried out as of the date of enact- (b) OPERATION AND MAINTENANCE.—Section amended by striking ‘‘$25,000,000’’ and inserting ment of this subparagraph, the Secretary and 101(b)(1) of such Act (33 U.S.C. 2211(b)(1)) is ‘‘$30,000,000’’. the non-Federal interest shall enter into an amended by striking ‘‘45 feet’’ and inserting ‘‘53 SEC. 2009. WRITTEN AGREEMENT FOR WATER RE- agreement under which the non-Federal interest feet’’. SOURCES PROJECTS. shall carry out such work, and only work car- (c) DEFINITIONS.—Section 214 of such Act (33 (a) IN GENERAL.—Section 221 of the Flood ried out following the execution of the agree- U.S.C. 2241; 100 Stat. 4108) is amended in each Control Act of 1970 (42 U.S.C. 1962d–5b) is ment shall be eligible for credit. of paragraphs (1) and (3) by striking ‘‘45 feet’’ amended— ‘‘(D) LIMITATIONS.—Credit authorized under and inserting ‘‘53 feet’’. (1) by striking ‘‘SEC. 221’’ and inserting the this paragraph for a project— (d) APPLICABILITY.—The amendments made by following: ‘‘(i) shall not exceed the non-Federal share of subsections (a), (b), and (c) shall apply only to ‘‘SEC. 221. WRITTEN AGREEMENT REQUIREMENT the cost of the project; a project, or separable element of a project, on FOR WATER RESOURCES ‘‘(ii) shall not alter any other requirement which a contract for physical construction has PROJECTS.’’; that a non-Federal interest provide lands, ease- not been awarded before October 1, 2003. (2) by striking subsection (a) and inserting the ments or rights-of-way, or areas for disposal of (e) REVISION OF PARTNERSHIP AGREEMENT.— following: dredged material for the project; The Secretary shall revise any partnership ‘‘(a) COOPERATION OF NON-FEDERAL INTER- ‘‘(iii) shall not alter any requirement that a agreement entered into after October 1, 2003, for EST.— non-Federal interest pay a portion of the costs any project to which the amendments made by ‘‘(1) IN GENERAL.—After December 31, 1970, the of construction of the project under sections 101 subsections (a), (b), and (c) apply to take into construction of any water resources project, or and 103 of the Water Resources Development account the change in non-Federal participa- an acceptable separable element thereof, by the Act of 1986 (33 U.S.C. 2211; 33 U.S.C. 2213); and tion in the project as a result of such amend- Secretary of the Army, acting through the Chief ‘‘(iv) shall not exceed the actual and reason- ments. of Engineers, or by a non-Federal interest where able costs of the materials, services, or other SEC. 2003. FUNDING TO PROCESS PERMITS. such interest will be reimbursed for such con- things provided by the non-Federal interest, as Section 214(c) of the Water Resources Develop- struction under any provision of law, shall not determined by the Secretary. ment Act of 2000 (33 U.S.C. 2201 note; 114 Stat. be commenced until each non-Federal interest ‘‘(E) APPLICABILITY.—

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‘‘(i) IN GENERAL.—This paragraph shall apply (A) by inserting after ‘‘injunction, for’’ the each volume reprinted, pursuant to this section to water resources projects authorized after No- following: ‘‘payment of damages or, for’’; to each of the Committee on Transportation and vember 16, 1986, including projects initiated (B) by striking ‘‘to collect a civil penalty im- Infrastructure of the House of Representatives after November 16, 1986, without specific author- posed under this section,’’; and and the Committee on Environment and Public ization in law. (C) by striking ‘‘any civil penalty imposed Works of the Senate. ‘‘(ii) LIMITATION.—In any case in which a under this section,’’ and inserting ‘‘any dam- (e) AVAILABILITY.—The Secretary shall ensure specific provision of law provides for a non-Fed- ages,’’. that each volume compiled, and each volume re- eral interest to receive credit toward the non- (e) APPLICABILITY.—The amendments made by printed, pursuant to this section are available Federal share of the cost of a study for, or con- subsections (a), (b), and (d) only apply to part- through electronic means, including the Inter- struction or operation and maintenance of, a nership agreements entered into after the date net. water resources project, the specific provision of of enactment of this Act; except that, at the re- SEC. 2012. DREDGED MATERIAL DISPOSAL. law shall apply instead of this paragraph.’’. quest of a non-Federal interest for a project, the Section 217 of the Water Resources Develop- (b) NON-FEDERAL INTEREST.—Section 221(b) of district engineer for the district in which the ment Act of 1996 (33 U.S.C. 2326a) is amended— such Act is amended to read as follows: project is located may amend a project partner- (1) by redesignating subsection (c) as sub- ‘‘(b) DEFINITION OF NON-FEDERAL INTEREST.— ship agreement entered into on or before such section (d); The term ‘non-Federal interest’ means a legally date and under which construction on the (2) by inserting after subsection (b) the fol- constituted public body (including a federally project has not been initiated as of such date of lowing: recognized Indian tribe), and a nonprofit entity enactment for the purpose of incorporating such ‘‘(c) DREDGED MATERIAL FACILITY.— with the consent of the affected local govern- amendments. ‘‘(1) IN GENERAL.—The Secretary may enter ment, that has full authority and capability to (f) PARTNERSHIP AND COOPERATIVE ARRANGE- into a partnership agreement under section 221 perform the terms of its agreement and to pay MENTS; REFERENCES.— of the Flood Control Act of 1970 (42 U.S.C. damages, if necessary, in the event of failure to (1) IN GENERAL.—A goal of agreements entered 1962d–5b) with one or more non-Federal inter- perform.’’. into under section 221 of the Flood Control Act ests with respect to a water resources project, or (c) PROGRAM ADMINISTRATION.—Section 221 of of 1970 (42 U.S.C. 1962d–5b) shall be to further group of water resources projects within a geo- such Act is further amended— partnership and cooperative arrangements, and graphic region, if appropriate, for the acquisi- (1) by redesignating subsection (e) as sub- the agreements shall be referred to as ‘‘partner- tion, design, construction, management, or oper- section (h); and ship agreements’’. ation of a dredged material processing, treat- (2) by inserting after subsection (d) the fol- (2) REFERENCES TO COOPERATION AGREE- ment, contaminant reduction, or disposal facil- lowing: MENTS.—Any reference in a law, regulation, ity (including any facility used to demonstrate ‘‘(e) DELEGATION OF AUTHORITY.—Not later document, or other paper of the United States to potential beneficial uses of dredged material, than September 30, 2008, the Secretary shall a ‘‘cooperation agreement’’ or ‘‘project coopera- which may include effective sediment contami- issue policies and guidelines for partnership tion agreement’’ shall be deemed to be a ref- nant reduction technologies) using funds pro- agreements that delegate to the district engi- erence to a ‘‘partnership agreement’’ or a vided in whole or in part by the Federal Govern- neers, at a minimum— ‘‘project partnership agreement’’, respectively. ment. ‘‘(1) the authority to approve any policy in a (3) REFERENCES TO PARTNERSHIP AGREE- ‘‘(2) PERFORMANCE.—One or more of the par- partnership agreement that has appeared in an MENTS.—Any reference to a ‘‘partnership agree- ties to a partnership agreement under this sub- agreement previously approved by the Secretary; ment’’ or ‘‘project partnership agreement’’ in section may perform the acquisition, design, ‘‘(2) the authority to approve any policy in a this Act (other than this section) shall be construction, management, or operation of a partnership agreement the specific terms of deemed to be a reference to a ‘‘cooperation dredged material processing, treatment, con- which are dictated by law or by a final feasi- agreement’’ or a ‘‘project cooperation agree- taminant reduction, or disposal facility. bility study, final environmental impact statement’’, respectively. ‘‘(3) MULTIPLE PROJECTS.—If a facility to ment, or other final decision document for a SEC. 2010. ASSISTANCE FOR REMEDIATION, RES- which this subsection applies serves to manage water resources project; TORATION, AND REUSE. dredged material from multiple water resources ‘‘(3) the authority to approve any partnership (a) IN GENERAL.—The Secretary may provide projects located in the geographic region of the agreement that complies with the policies and to State and local governments assessment, facility, the Secretary may combine portions of guidelines issued by the Secretary; and planning, and design assistance for remediation, such projects with appropriate combined ‘‘(4) the authority to sign any partnership environmental restoration, or reuse of areas lo- costsharing between the various projects in a agreement for any water resources project un- cated within the boundaries of such State or partnership agreement for the facility under this less, within 30 days of the date of authorization local governments where such remediation, envi- subsection. of the project, the Secretary notifies the district ronmental restoration, or reuse will contribute ‘‘(4) SPECIFIED FEDERAL FUNDING SOURCES AND engineer in which the project will be carried out to the improvement of water quality or the con- COST SHARING.— that the Secretary wishes to retain the preroga- servation of water and related resources of ‘‘(A) SPECIFIED FEDERAL FUNDING.—A part- tive to sign the partnership agreement for that drainage basins and watersheds within the nership agreement with respect to a facility project. United States. under this subsection shall specify— ‘‘(f) REPORT TO CONGRESS.—Not later than 2 ‘‘(i) the Federal funding sources and com- (b) NON-FEDERAL SHARE.—The non-Federal years after the date of enactment of this sub- share of the cost of assistance provided under bined cost-sharing when applicable to multiple section, and every year thereafter, the Secretary subsection (a) shall be 50 percent. water resources projects; and shall submit to Congress a report detailing the ‘‘(ii) the responsibilities and risks of each of (c) AUTHORIZATION OF APPROPRIATIONS.— following: the parties relating to present and future There is authorized to be appropriated to carry ‘‘(1) The number of partnership agreements dredged material managed by the facility. out this section $30,000,000 for each of fiscal signed by district engineers and the number of ‘‘(B) MANAGEMENT OF SEDIMENTS.— years 2008 through 2012. partnership agreements signed by the Secretary. ‘‘(i) IN GENERAL.—A partnership agreement ‘‘(2) For any partnership agreement signed by SEC. 2011. COMPILATION OF LAWS. under this subsection may include the manage- the Secretary, an explanation of why delegation (a) COMPILATION OF LAWS ENACTED AFTER ment of sediments from the maintenance dredg- to the district engineer was not appropriate. NOVEMBER 8, 1966.—Not later than one year ing of Federal water resources projects that do ‘‘(g) PUBLIC AVAILABILITY.—Not later than after the date of enactment of this Act, the Sec- not have partnership agreements. 120 days after the date of enactment of this sub- retary and the Chief of Engineers shall prepare ‘‘(ii) PAYMENTS.—A partnership agreement section, the Chief of Engineers shall— a compilation of the laws of the United States under this subsection may allow the non-Fed- ‘‘(1) ensure that each district engineer has relating to the improvement of rivers and har- eral interest to receive reimbursable payments made available to the public, including on the bors, flood damage reduction, beach and shore- from the Federal Government for commitments Internet, all partnership agreements entered line erosion, hurricane and storm damage reduc- made by the non-Federal interest for disposal or into under this section within the preceding 10 tion, ecosystem and environmental restoration, placement capacity at dredged material proc- years and all partnership agreements for water and other water resources development enacted essing, treatment, contaminant reduction, or resources projects currently being carried out in after November 8, 1966, and before January 1, disposal facilities. that district; and 2008, and have such compilation printed for the ‘‘(C) CREDIT.—A partnership agreement under ‘‘(2) make each partnership agreement entered use of the Department of the Army, Congress, this subsection may allow costs incurred by the into after such date of enactment available to and the general public. non-Federal interest before execution of the the public, including on the Internet, not later (b) REPRINT OF LAWS ENACTED BEFORE NO- partnership agreement to be credited in accord- than 7 days after the date on which such agree- VEMBER 8, 1966.—The Secretary shall have the ance with section 221(a)(4) of the Flood Control ment is entered into.’’. volumes containing the laws referred to in sub- Act of 1970 (42 U.S.C. 1962d–5b(a)(4)). (d) LOCAL COOPERATION.—Section 912(b) of section (a) enacted before November 8, 1966, re- ‘‘(5) CREDIT.— the Water Resources Development Act of 1986 printed. ‘‘(A) EFFECT ON EXISTING AGREEMENTS.— (101 Stat. 4190) is amended— (c) INDEX.—The Secretary shall include an Nothing in this subsection supersedes or modi- (1) in paragraph (2)— index in each volume compiled, and each volume fies an agreement in effect on the date of enact- (A) by striking ‘‘shall’’ the first place it ap- reprinted, pursuant to this section. ment of this paragraph between the Federal pears and inserting ‘‘may’’; and (d) CONGRESSIONAL COPIES.—Not later than Government and any non-Federal interest for (B) by striking the last sentence; and December 1, 2008, the Secretary shall transmit at the cost-sharing, construction, and operation (2) in paragraph (4)— least 25 copies of each volume compiled, and of and maintenance of a water resources project.

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‘‘(B) CREDIT FOR FUNDS.—Subject to the ap- submit to the Committee on Transportation and poses of protection, restoration, or creation of proval of the Secretary and in accordance with Infrastructure of the House of Representatives aquatic and ecologically related habitat, the law (including regulations and policies) in effect and the Committee on Environment and Public cost of which does not exceed $750,000 and on the date of enactment of this paragraph, a Works of the Senate a report on the status of which will be located in a disadvantaged com- non-Federal interest for a water resources construction of projects that require mitigation munity as determined by the Secretary, may be project may receive credit for funds provided for under section 906 of the Water Resources Devel- carried out at Federal expense. the acquisition, design, construction, manage- opment Act of 1986 (33 U.S.C. 2283; 100 Stat. ‘‘(f) DETERMINATION OF CONSTRUCTION ment, or operation of a dredged material proc- 4186) and the status of such mitigation. COSTS.—Costs associated with construction of a essing, treatment, contaminant reduction, or (2) PROJECTS INCLUDED.—The status report project under this section shall be limited solely disposal facility to the extent the facility is used shall include the status of all projects that are to construction costs that are in excess of those to manage dredged material from the project. under construction, all projects for which the costs necessary to carry out the dredging for ‘‘(C) NON-FEDERAL INTEREST RESPONSIBIL- President requests funding for the next fiscal construction, operation, or maintenance of the ITIES.—A non-Federal interest entering into a year, and all projects that have completed con- authorized water resources project in the most partnership agreement under this subsection for struction, but have not completed the mitigation cos- effective way, consistent with economic, en- a facility shall— required under section 906 of the Water Re- gineering, and environmental criteria. ‘‘(i) be responsible for providing all necessary sources Development Act of 1986. ‘‘(g) SELECTION OF SEDIMENT DISPOSAL METH- lands, easements, rights-of-way, and relocations SEC. 2015. REMOTE AND SUBSISTENCE HARBORS. OD.—In developing and carrying out a water re- associated with the facility; and (a) IN GENERAL.—In conducting a study of sources project involving the disposal of sedi- ‘‘(ii) receive credit toward the non-Federal harbor and navigation improvements, the Sec- ment, the Secretary may select, with the consent share of the cost of the project with respect to retary may recommend a project without the of the non-Federal interest, a disposal method which the agreement is being entered into for need to demonstrate that the project is justified that is not the least cost option if the Secretary those items.’’; and solely by national economic development bene- determines that the incremental costs of such (3) in paragraphs (1) and (2)(A) of subsection fits if the Secretary determines that— disposal method are reasonable in relation to (d) (as redesignated by paragraph (1))— (1)(A) the community to be served by the the environmental benefits, including the bene- (A) by inserting ‘‘and maintenance’’ after project is at least 70 miles from the nearest sur- fits to the aquatic environment to be derived ‘‘operation’’ each place it appears; and face accessible commercial port and has no di- from the creation of wetlands and control of (B) by inserting ‘‘processing, treatment, con- rect rail or highway link to another community shoreline erosion. The Federal share of such in- taminant reduction, or’’ after ‘‘dredged mate- served by a surface accessible port or harbor; or cremental costs shall be determined in accord- rial’’ the first place it appears in each of those (B) the project would be located in the Com- ance with subsections (d) and (f). paragraphs. monwealth of Puerto Rico, Guam, the Common- ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding SEC. 2013. WETLANDS MITIGATION. wealth of the Northern Mariana Islands, the section 221 of the Flood Control Act of 1970 (42 In carrying out a water resources project that United States Virgin Islands, or American U.S.C. 1962d–5b), for any project carried out involves wetlands mitigation and that has im- Samoa; under this section, a non-Federal interest may pacts that occur within the same watershed of a (2) the harbor is economically critical such include a nonprofit entity, with the consent of mitigation bank, the Secretary, to the maximum that over 80 percent of the goods transported the affected local government. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— extent practicable and where appropriate, shall through the harbor would be consumed within There is authorized to be appropriated first consider the use of the mitigation bank if the community served by the harbor and navi- $30,000,000 annually for projects under this sec- the bank contains sufficient available credits to gation improvement; and tion of which not more than $3,000,000 annually offset the impact and the bank is approved in (3) the long-term viability of the community may be used for construction of projects de- accordance with the Federal Guidance for the would be threatened without the harbor and scribed in subsection (e). Such sums shall re- Establishment, Use and Operation of Mitigation navigation improvement. main available until expended. Banks (60 Fed. Reg. 58605) or other applicable (b) JUSTIFICATION.—In considering whether to ‘‘(j) REGIONAL SEDIMENT MANAGEMENT PLAN- Federal law (including regulations). recommend a project under subsection (a), the NING.—In consultation with appropriate State Secretary shall consider the benefits of the SEC. 2014. MITIGATION FOR FISH AND WILDLIFE and Federal agencies, the Secretary may de- project to— LOSSES. velop, at Federal expense, plans for regional (1) public health and safety of the local com- (a) MITIGATION PLAN CONTENTS.—Section management of sediment obtained in conjunc- munity, including access to facilities designed to 906(d) of the Water Resources Development Act tion with the construction, operation, or mainte- protect public health and safety; of 1986 (33 U.S.C. 2283(d)) is amended by adding nance of water resources projects, including po- (2) access to natural resources for subsistence at the end the following: tential beneficial uses of sediment for construc- purposes; ‘‘(3) CONTENTS.—A mitigation plan shall in- tion, repair, or rehabilitation of public projects (3) local and regional economic opportunities; clude— for navigation, flood damage reduction, hydro- (4) welfare of the local population; and ‘‘(A) a description of the physical action to be electric power, municipal and industrial water (5) social and cultural value to the commu- undertaken to achieve the mitigation objectives supply, agricultural water supply, recreation, nity. within the watershed in which such losses occur hurricane and storm damage reduction, aquatic and, in any case in which mitigation must take SEC. 2016. BENEFICIAL USES OF DREDGED MATE- plant control, and environmental protection and place outside the watershed, a justification de- RIAL. restoration. tailing the rationale for undertaking the mitiga- (a) IN GENERAL.—Section 204 of the Water Re- ‘‘(k) USE OF FUNDS.— tion outside of the watershed; sources Development Act of 1992 (33 U.S.C. 2326) ‘‘(1) NON-FEDERAL INTEREST.—The non-Fed- ‘‘(B) a description of the lands or interests in is amended by striking subsections (c) through eral interest for a project described in this sec- lands to be acquired for mitigation and the basis (g) and inserting the following: tion may use, and the Secretary shall accept, for a determination that such lands are avail- ‘‘(c) IN GENERAL.—The Secretary may carry funds provided under any other Federal pro- able for acquisition; out projects to transport and place sediment ob- gram, to satisfy, in whole or in part, the non- ‘‘(C) the type, amount, and characteristics of tained in connection with the construction, op- Federal share of the cost of such project if such the habitat being restored; eration, or maintenance of an authorized water funds are authorized to be used to carry out ‘‘(D) success criteria for mitigation based on resources project at locations selected by a non- such project. replacement of lost functions and values of the Federal entity for use in the construction, re- ‘‘(2) OTHER FEDERAL AGENCIES.—The non- habitat, including hydrologic and vegetative pair, or rehabilitation of projects determined by Federal share of the cost of construction of a characteristics; and the Secretary to be in the public interest and as- project under this section may be met through ‘‘(E) a plan for any necessary monitoring to sociated with navigation, flood damage reduc- contributions from a Federal agency made di- determine the success of the mitigation, includ- tion, hydroelectric power, municipal and indus- rectly to the Secretary, with the consent of the ing the cost and duration of any monitoring trial water supply, agricultural water supply, affected local government, if such funds are au- and, to the extent practicable, the entities re- recreation, hurricane and storm damage reduc- thorized to be used to carry out such project. sponsible for any monitoring. tion, aquatic plant control, and environmental Before initiating a project to which this para- ‘‘(4) RESPONSIBILITY FOR MONITORING.—In protection and restoration. graph applies, the Secretary shall enter into an any case in which it is not practicable to iden- ‘‘(d) COOPERATIVE AGREEMENT.—Any project agreement with a non-Federal interest in which tify in a mitigation plan for a water resources undertaken pursuant to this section shall be ini- the non-Federal interest agrees to pay 100 per- project, the entity responsible for monitoring at tiated only after non-Federal interests have en- cent of the cost of operation, maintenance, re- the time of a final report of the Chief of Engi- tered into an agreement with the Secretary in placement, and rehabilitation of the project.’’. neers or other final decision document for the which the non-Federal interests agree to pay (b) REPEAL.— project, such entity shall be identified in the the non-Federal share of the cost of construc- (1) IN GENERAL.—Section 145 of the Water Re- partnership agreement entered into with the tion of the project and 100 percent of the cost of sources Development Act of 1976 (33 U.S.C. 426j) non-Federal interest.’’. operation, maintenance, replacement, and reha- is repealed. (b) STATUS REPORT.— bilitation of the project in accordance with sec- (2) HOLD HARMLESS.—The repeal made by (1) IN GENERAL.—Concurrent with the Presi- tion 103 of the Water Resources Development paragraph (1) shall not affect the authority of dent’s submission to Congress of the President’s Act of 1986 (33 U.S.C. 2213). the Secretary to complete any project being car- request for appropriations for the Civil Works ‘‘(e) SPECIAL RULE.—Construction of a project ried out under such section 145 on the day be- Program for a fiscal year, the Secretary shall under subsection (a) for one or more of the pur- fore the date of enactment of this Act.

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(c) PRIORITY AREAS.—In carrying out section 2267a; 114 Stat. 2587–2588; 100 Stat. 4164) is carry out subsection (a)(2), of which not more 204 of the Water Resources Development Act of amended— than $2,000,000 annually may be used by the 1992 (33 U.S.C. 2326), the Secretary shall give (1) in subsection (d)— Secretary to enter into cooperative agreements priority to the following: (A) by striking ‘‘and’’ at the end of paragraph with nonprofit organizations to provide assist- (1) A project at Little Rock Slackwater Har- (4); ance to rural and small communities.’’; bor, Arkansas. (B) by striking the period at the end of para- (8) by redesignating subsection (d) as sub- (2) A project at Egmont Key, Florida. graph (5) and inserting ‘‘;’’; and section (e); and (3) A project in the vicinity of Calcasieu Ship (C) by adding at the end the following: (9) by inserting after subsection (c) the fol- Channel, Louisiana. ‘‘(6) Tuscarawas River Basin, Ohio; lowing: (4) A project in the vicinity of the Smith Point ‘‘(7) Sauk River Basin, Snohomish and Skagit ‘‘(d) ANNUAL SUBMISSION OF PROPOSED AC- Park Pavilion and the TWA Flight 800 Memo- Counties, Washington; TIVITIES.—Concurrent with the President’s sub- rial, Brookhaven, New York. ‘‘(8) Niagara River Basin, New York; mission to Congress of the President’s request (5) A project in the vicinity of Morehead City, ‘‘(9) Genesee River Basin, New York; and for appropriations for the Civil Works Program North Carolina. ‘‘(10) White River Basin, Arkansas and Mis- for a fiscal year, the Secretary shall submit to (6) A project in the vicinity of Galveston Bay, souri.’’; the Committee on Transportation and Infra- Texas. (2) by striking paragraph (1) of subsection (f) (7) A project at Benson Beach, Washington. structure of the House of Representatives and and inserting the following: the Committee on Environment and Public SEC. 2017. COST-SHARING PROVISIONS FOR CER- ‘‘(1) NON-FEDERAL SHARE.—The non-Federal Works of the Senate a report describing the indi- TAIN AREAS. share of the costs of an assessment carried out Section 1156 of the Water Resources Develop- vidual activities proposed for funding under under this section on or after December 11, 2000, subsection (a)(1) for that fiscal year.’’. ment Act of 1986 (33 U.S.C. 2310; 100 Stat. 4256) shall be 25 percent.’’; and SEC. 2026. LAKES PROGRAM. is amended to read as follows: (3) by striking subsection (g). Section 602(a) of the Water Resources Devel- ‘‘SEC. 1156. COST-SHARING PROVISIONS FOR CER- (b) REVISION OF PARTNERSHIP AGREEMENT.— opment Act of 1986 (100 Stat. 4148; 110 Stat. 3758; TAIN AREAS. The Secretary shall revise the partnership 113 Stat. 295) is amended— ‘‘The Secretary shall waive local cost-sharing agreement for any assessment being carried out (1) by striking ‘‘and’’ at end of paragraph requirements up to $500,000 for all studies and under such section 729 to take into account the (18); projects— change in non-Federal participation in the as- ‘‘(1) in the Commonwealth of Puerto Rico, (2) by striking the period at the end of para- sessment as a result of the amendments made by American Samoa, Guam, the Commonwealth of graph (19) and inserting a semicolon; and subsection (a). the Northern Mariana Islands, and the United (3) by adding at the end the following: States Virgin Islands; SEC. 2023. TRIBAL PARTNERSHIP PROGRAM. ‘‘(20) Kinkaid Lake, Jackson County, Illinois, ‘‘(2) in Indian country (as defined in section (a) SCOPE.—Section 203(b)(1)(B) of the Water removal of silt and aquatic growth and meas- 1151 of title 18, United States Code, and includ- Resources Development Act of 2000 (33 U.S.C. ures to address excessive sedimentation; ing lands that are within the jurisdictional area 2269(b)(1)(B); 114 Stat. 2589) is amended by in- ‘‘(21) McCarter Pond, Borough of Fairhaven, of an Oklahoma Indian tribe, as determined by serting after ‘‘Code’’ the following: ‘‘, and in- New Jersey, removal of silt and measures to ad- the Secretary of the Interior, and are recognized cluding lands that are within the jurisdictional dress water quality; by the Secretary of the Interior as eligible for area of an Oklahoma Indian tribe, as deter- ‘‘(22) Rogers Pond, Franklin Township, New trust land status under part 151 of title 25, Code mined by the Secretary of the Interior, and are Jersey, removal of silt and restoration of struc- of Federal Regulations); or recognized by the Secretary of the Interior as el- tural integrity; ‘‘(3) on land in the State of Alaska owned by igible for trust land status under part 151 of title ‘‘(23) Greenwood Lake, New York and New an Alaska Native Regional Corporation or an 25, Code of Federal Regulations’’. Jersey, removal of silt and aquatic growth; Alaska Native Village Corporation (as those (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- ‘‘(24) Lake Rodgers, Creedmoor, North Caro- terms are defined in the Alaska Native Claims tion 203(e) of such Act is amended by striking lina, removal of silt and excessive nutrients and Settlement Act (43 U.S.C. 1601 et seq.)) or the ‘‘2006’’ and inserting ‘‘2012’’. restoration of structural integrity; and Metlakatla Indian community.’’. SEC. 2024. WILDFIRE FIREFIGHTING. ‘‘(25) Lake Luxembourg, Pennsylvania.’’. SEC. 2018. USE OF OTHER FEDERAL FUNDS. Section 309 of Public Law 102–154 (42 U.S.C. SEC. 2027. COORDINATION AND SCHEDULING OF The non-Federal interest for a water resources 1856a–1; 105 Stat. 1034) is amended by inserting FEDERAL, STATE, AND LOCAL AC- study or project may use, and the Secretary ‘‘the Secretary of the Army,’’ after ‘‘the Sec- TIONS. shall accept, funds provided by a Federal agen- retary of Energy,’’. (a) NOTICE OF INTENT.—Upon request of the non-Federal interest in the form of a written no- cy under any other Federal program, to satisfy, SEC. 2025. TECHNICAL ASSISTANCE. in whole or in part, the non-Federal share of tice of intent to construct or modify a non-Fed- Section 22 of the Water Resources Develop- eral water supply, wastewater infrastructure, the cost of the study or project if such funds are ment Act of 1974 (42 U.S.C. 1962d–16) is amend- authorized to be used to carry out the study or flood damage reduction, storm damage reduced— tion, ecosystem restoration, or navigation project. (1) in subsection (a) by striking ‘‘(a) The Sec- project that requires the approval of the Sec- SEC. 2019. REVISION OF PROJECT PARTNERSHIP retary’’ and inserting the following: AGREEMENT. retary, the Secretary shall initiate, subject to ‘‘(a) FEDERAL STATE COOPERATION.— Upon authorization by law of an increase in subsection (g)(1), procedures to establish a ‘‘(1) COMPREHENSIVE PLANS.—The Secretary’’; the maximum amount of Federal funds that may (2) by inserting after the last sentence in sub- schedule for consolidating Federal, State, and be allocated for a water resources project or an section (a) the following: local agency and Indian tribe environmental assessments, project reviews, and issuance of all increase in the total cost of a water resources ‘‘(2) TECHNICAL ASSISTANCE.— project authorized to be carried out by the Sec- ‘‘(A) IN GENERAL.—At the request of a govern- permits for the construction or modification of retary, the Secretary shall revise the partner- mental agency or non-Federal interest, the Sec- the project. The non-Federal interest shall sub- ship agreement for the project to take into ac- retary may provide, at Federal expense, tech- mit to the Secretary, with the notice of intent, count the change in Federal participation in the nical assistance to such agency or non-Federal studies and documentation, including environ- project. interest in managing water resources. mental reviews, that may be required by Federal SEC. 2020. COST SHARING. ‘‘(B) TYPES OF ASSISTANCE.—Technical assist- law for decisionmaking on the proposed project. An increase in the maximum amount of Fed- ance under this paragraph may include provi- All States and Indian tribes having jurisdiction eral funds that may be allocated for a water re- sion and integration of hydrologic, economic, over the proposed project shall be invited by the sources project, or an increase in the total cost and environmental data and analyses.’’; Secretary, but shall not be required, to partici- of a water resources project, authorized to be (3) in subsection (b)(1) by striking ‘‘this sec- pate in carrying out this section with respect to carried out by the Secretary shall not affect any tion’’ each place it appears and inserting ‘‘sub- the project. cost-sharing requirement applicable to the section (a)(1)’’; (b) PROCEDURAL REQUIREMENTS.—Within 15 days after receipt of notice under subsection (a), project. (4) in subsection (b)(3) by striking ‘‘Up to 1⁄2 of SEC. 2021. EXPEDITED ACTIONS FOR EMERGENCY the’’ and inserting ‘‘The’’; the Secretary shall publish such notice in the FLOOD DAMAGE REDUCTION. (5) in subsection (c) by striking ‘‘(c) There is’’ Federal Register. The Secretary also shall pro- The Secretary shall expedite any authorized and inserting the following: vide written notification of the receipt of a no- planning, design, and construction of any ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— tice under subsection (a) to all State and local project for flood damage reduction for an area ‘‘(1) FEDERAL AND STATE COOPERATION.— agencies and Indian tribes that may be required that, within the preceding 5 years, has been There is’’; to issue permits for the construction of the subject to flooding that resulted in the loss of (6) in subsection (c)(1) (as designated by para- project or related activities. The Secretary shall life and caused damage of sufficient severity graph (5))— solicit the cooperation of those agencies and re- and magnitude to warrant a declaration of a (A) by striking ‘‘the provisions of this section’’ quest their entry into a memorandum of agree- major disaster by the President under the Robert and inserting ‘‘subsection (a)(1)’’; and ment described in subsection (c) with respect to T. Stafford Disaster Relief and Emergency As- (B) by striking ‘‘$500,000’’ and inserting the project. Within 30 days after publication of sistance Act (42 U.S.C. 5121 et seq.). ‘‘$1,000,000’’; the notice in the Federal Register, State and SEC. 2022. WATERSHED AND RIVER BASIN AS- (7) by inserting at the end of subsection (c) local agencies and Indian tribes that intend to SESSMENTS. the following: enter into the memorandum of agreement with (a) IN GENERAL.—Section 729 of the Water Re- ‘‘(2) TECHNICAL ASSISTANCE.—There is author- respect to the project shall notify the Secretary sources Development Act of 1986 (33 U.S.C. ized to be appropriated $5,000,000 annually to of their intent in writing.

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(c) SCHEDULING AGREEMENT.—Within 90 days (d) COORDINATED REVIEWS.— (i) PURPOSE AND NEED AND DETERMINATION OF after the date of receipt of notice under sub- (1) IN GENERAL.—The coordinated review proc- REASONABLE ALTERNATIVES.— section (a) with respect to a project, the Sec- ess under this section shall provide that all re- (1) IN GENERAL.—The Secretary, as the Fed- retary of the Interior, the Secretary of Com- views, analyses, opinions, permits, licenses, and eral lead agency responsible for carrying out a merce, and the Administrator of the Environ- approvals that must be issued or made by a Fed- study for a water resources project and the asso- mental Protection Agency, as necessary, and eral, State, or local government agency or In- ciated process for meeting the requirements of any State or local agencies that have notified dian tribe for the development of a water re- the National Environmental Policy Act of 1969, the Secretary under subsection (b) shall enter sources project described in subsection (b) will shall— into an agreement with the Secretary estab- be conducted, to the maximum extent prac- (A) define the project’s purpose and need for lishing a schedule of decisionmaking for ap- ticable, concurrently and completed within a purposes of any document which the Secretary proval of the project and permits associated time period established by the Secretary, in co- is responsible for preparing for the project and with the project and with related activities. operation with the agencies identified under shall determine the range of alternatives for (d) CONTENTS OF AGREEMENT.—An agreement subsection (e) with respect to the project. consideration in any document which the Sec- entered into under subsection (c) with respect to (2) AGENCY PARTICIPATION.—Each Federal retary is responsible for preparing for the a project, to the extent practicable, shall con- agency identified under subsection (e) with re- project; and solidate hearing and comment periods, proce- spect to the development of a water resources (B) determine, in collaboration with partici- dures for data collection and report preparation, project shall formulate and implement adminis- pating agencies at appropriate times during the and the environmental review and permitting trative policy and procedural mechanisms to en- study process, the methodologies to be used and processes associated with the project and related able the agency to ensure completion of reviews, the level of detail required in the analysis of activities. The agreement shall detail, to the ex- analyses, opinions, permits, licenses, and ap- each alternative for the project. provals described in paragraph (1) for the tent possible, the non-Federal interest’s respon- (2) PREFERRED ALTERNATIVE.—At the discre- project in a timely and environmentally responsibilities for data development and information tion of the Secretary, the preferred alternative sible manner. that may be necessary to process each permit re- for a project, after being identified, may be de- (e) IDENTIFICATION OF JURISDICTIONAL AGEN- quired for the project, including a schedule veloped to a higher level of detail than other al- CIES.—With respect to the development of each ternatives. when the information and data will be provided water resources project, the Secretary shall (j) LIMITATIONS.—Nothing in this section shall to the appropriate Federal, State, or local agen- identify, as soon as practicable all Federal, preempt or interfere with— cy or Indian tribe. State, and local government agencies and In- (1) any statutory requirement for seeking pub- (e) REVISION OF AGREEMENT.—The Secretary dian tribes that may— may revise an agreement entered into under (1) have jurisdiction over the project; lic comment; subsection (c) with respect to a project once to (2) be required by law to conduct or issue a re- (2) any power, jurisdiction, or authority that extend the schedule to allow the non-Federal in- view, analysis, or opinion for the project; or a Federal, State, or local government agency, terest the minimum amount of additional time (3) be required to make a determination on Indian tribe, or non-Federal interest has with necessary to revise its original application to issuing a permit, license, or approval for the respect to carrying out a water resources meet the objections of a Federal, State, or local project. project; or agency or Indian tribe that is a party to the (f) STATE AUTHORITY.—If the coordinated re- (3) any obligation to comply with the provi- agreement. view process is being implemented under this sions of the National Environmental Policy Act (f) FINAL DECISION.—Not later than the final section by the Secretary with respect to the de- of 1969 and the regulations issued by the Coun- day of a schedule established by an agreement velopment of a water resources project described cil on Environmental Quality to carry out such entered into under subsection (c) with respect to in subsection (b) within the boundaries of a Act. a project, the Secretary shall notify the non- State, the State, consistent with State law, may SEC. 2029. COOPERATIVE AGREEMENTS. Federal interest of the final decision on the choose to participate in the process and to make (a) IN GENERAL.—For the purpose of expe- project and whether the permit or permits have subject to the process all State agencies that— diting the cost-effective design and construction been issued. (1) have jurisdiction over the project; of wetlands restoration that is part of an au- (g) COSTS OF COORDINATION.—The costs in- (2) are required to conduct or issue a review, thorized water resources project, the Secretary curred by the Secretary to establish and carry analysis, or opinion for the project; or may enter into cooperative agreements under (3) are required to make a determination on out a schedule to consolidate Federal, State, section 6305 of title 31, United States Code, with issuing a permit, license, or approval for the and local agency and Indian tribe environ- nonprofit organizations with expertise in wet- project. mental assessments, project reviews, and permit lands restoration to carry out such design and (g) MEMORANDUM OF UNDERSTANDING.—The issuance for a project under this section shall be coordinated review process developed under this construction on behalf of the Secretary. paid by the non-Federal interest. IMITATIONS.— section may be incorporated into a memorandum (b) L (h) REPORT ON TIMESAVINGS METHODS.—Not (1) PER PROJECT LIMIT.—A cooperative agree- of understanding for a water resources project later than 3 years after the date of enactment of ment under this section shall not obligate the between the Secretary, the heads of Federal, this section, the Secretary shall prepare and Secretary to pay the nonprofit organization State, and local government agencies, Indian transmit to Congress a report estimating the more than $1,000,000 for any single wetlands res- tribes identified under subsection (e), and the time required for the issuance of all Federal, toration project. non-Federal interest for the project. State, local, and tribal permits for the construc- (h) EFFECT OF FAILURE TO MEET DEADLINE.— (2) ANNUAL LIMIT.—The total value of work tion of non-Federal projects for water supply, (1) NOTIFICATION OF CONGRESS AND CEQ.—If carried out under cooperative agreements under wastewater infrastructure, flood damage reduc- the Secretary determines that a Federal, State, this section may not exceed $5,000,000 in any fis- tion, storm damage reduction, ecosystem restora- or local government agency, Indian tribe, or cal year. tion, and navigation. The Secretary shall in- non-Federal interest that is participating in the SEC. 2030. TRAINING FUNDS. clude in that report recommendations for fur- coordinated review process under this section (a) IN GENERAL.—The Secretary may include ther reducing the amount of time required for with respect to the development of a water re- individuals not employed by the Department of the issuance of those permits, including any sources project has not met a deadline estab- the Army in training classes and courses offered proposed changes in existing law. lished under subsection (d) for the project, the by the Corps of Engineers in any case in which SEC. 2028. PROJECT STREAMLINING. Secretary shall notify, within 30 days of the the Secretary determines that it is in the best in- (a) POLICY.—The benefits of water resources date of such determination, the Committee on terest of the Federal Government to include projects are important to the Nation’s economy Transportation and Infrastructure of the House those individuals as participants. and environment, and recommendations to Con- of Representatives, the Committee on Environ- (b) EXPENSES.— gress regarding such projects should not be de- ment and Public Works of the Senate, the Coun- (1) IN GENERAL.—An individual not employed layed due to uncoordinated or inefficient re- cil on Environmental Quality, and the agency, by the Department of the Army attending a views or the failure to timely resolve disputes Indian tribe, or non-Federal interest involved training class or course described in subsection during the development of water resources about the failure to meet the deadline. (a) shall pay the full cost of the training pro- projects. (2) AGENCY REPORT.—Not later than 30 days vided to the individual. (b) SCOPE.—This section shall apply to each after the date of receipt of a notice under para- (2) PAYMENTS.—Payments made by an indi- study initiated after the date of enactment of graph (1), the Federal, State, or local govern- vidual for training received under paragraph this Act to develop a feasibility report under sec- ment agency, Indian tribe, or non-Federal inter- (1), up to the actual cost of the training— tion 905 of the Water Resources Development est involved may submit a report to the Sec- (A) may be retained by the Secretary; Act of 1986 (33 U.S.C. 2282), or a reevaluation retary, the Committee on Transportation and (B) shall be credited to an appropriations ac- report, for a water resources project if the Sec- Infrastructure of the House of Representatives, count used for paying training costs; and retary determines that such study requires an the Committee on Environment and Public (C) shall be available for use by the Secretary, environmental impact statement under the Na- Works of the Senate, and the Council on Envi- without further appropriation, for training pur- tional Environmental Policy Act of 1969 (42 ronmental Quality explaining why the agency, poses. U.S.C. 4321 et seq.). Indian tribe, or non-Federal interest did not (3) EXCESS AMOUNTS.—Any payments received (c) WATER RESOURCES PROJECT REVIEW PROC- meet the deadline and what actions it intends to under paragraph (2) that are in excess of the ac- ESS.—The Secretary shall develop and imple- take to complete or issue the required review, tual cost of training provided shall be credited ment a coordinated review process for the devel- analysis, or opinion or determination on issuing as miscellaneous receipts to the Treasury of the opment of water resources projects. a permit, license, or approval. United States.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 6333 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3620 CONGRESSIONAL RECORD — HOUSE April 19, 2007 SEC. 2031. ACCESS TO WATER RESOURCE DATA. (2) by inserting ‘‘Indian tribes or’’ after ‘‘con- (1) a calculation of the residual risk of flood- (a) IN GENERAL.—The Secretary shall carry siderations, to such’’; and ing following completion of the proposed project; out a program to provide public access to water (3) by inserting ‘‘federally recognized Indian (2) a calculation of any upstream or down- resources and related water quality data in the tribe’’ after ‘‘That in any such lease or license stream impacts of the proposed project; and custody of the Corps of Engineers. to a’’. (3) calculations to ensure that the benefits (b) DATA.—Public access under subsection (a) SEC. 2035. COST ESTIMATES. and costs associated with structural and non- shall— The estimated Federal and non-Federal costs structural alternatives are evaluated in an equi- (1) include, at a minimum, access to data gen- of projects authorized to be carried out by the table manner. erated in water resources project development Secretary before, on, or after the date of enact- SEC. 2037. INDEPENDENT PEER REVIEW. and regulation under section 404 of the Federal ment of this Act are for informational purposes Water Pollution Control Act (33 U.S.C. 1344); (a) PROJECT STUDIES SUBJECT TO INDE- only and shall not be interpreted as affecting PENDENT PEER REVIEW.— and the cost sharing responsibilities established by (2) appropriately employ geographic informa- (1) IN GENERAL.—Project studies shall be sub- law. tion system technology and linkages to water reject to a peer review by an independent panel of source models and analytical techniques. SEC. 2036. PROJECT PLANNING. experts as determined under this section. ETERMINATION OF ERTAIN ATIONAL (c) PARTNERSHIPS.—To the maximum extent (a) D C N (2) SCOPE.—The peer review may include a re- practicable, in carrying out activities under this BENEFITS.— view of the economic and environmental as- (1) SENSE OF CONGRESS.—It is the sense of section, the Secretary shall develop partner- sumptions and projections, project evaluation Congress that, consistent with the Economic ships, including cooperative agreements with data, economic analyses, environmental anal- State, tribal, and local governments and other and Environmental Principles and Guidelines yses, engineering analyses, formulation of alter- Federal agencies. for Water and Related Land Resources Imple- native plans, methods for integrating risk and (d) AUTHORIZATION OF APPROPRIATIONS.— mentation Studies (1983), the Secretary may se- uncertainty, models used in evaluation of eco- There is authorized to be appropriated to carry lect a water resources project alternative that nomic or environmental impacts of proposed out this section $5,000,000 for each fiscal year. does not maximize net national economic devel- projects, and any biological opinions of the SEC. 2032. SHORE PROTECTION PROJECTS. opment benefits or net national ecosystem res- project study. (a) IN GENERAL.—In accordance with the Act toration benefits if there is an overriding reason (3) PROJECT STUDIES SUBJECT TO PEER RE- of July 3, 1930 (33 U.S.C. 426), and notwith- based on other Federal, State, local, or inter- VIEW.— standing administrative actions, it is the policy national concerns. (A) MANDATORY.—A project study shall be (2) FLOOD DAMAGE REDUCTION, NAVIGATION, of the United States to promote beach nourish- subject to peer review under paragraph (1)— AND HURRICANE STORM DAMAGE REDUCTION ment for the purposes of flood damage reduction (i) if the project has an estimated total cost of PROJECTS.—With respect to a water resources and hurricane and storm damage reduction and more than $50,000,000, including mitigation project the primary purpose of which is flood related research that encourage the protection, costs, and is not determined by the Chief of En- damage reduction, navigation, or hurricane and restoration, and enhancement of sandy beaches, gineers to be exempt from peer review under storm damage reduction, an overriding reason including beach restoration and periodic beach paragraph (6); or for selecting a plan other than the plan that renourishment for a period of 50 years, on a (ii) the Governor of an affected State requests maximizes net national economic development comprehensive and coordinated basis by the a peer review by an independent panel of ex- benefits may be if the Secretary determines, and Federal Government, States, localities, and pri- perts. the non-Federal interest concurs, that an alter- vate enterprises. (B) DISCRETIONARY.—A project study may be native plan is feasible and achieves the project (b) PREFERENCE.—In carrying out the policy subject to peer review if— purposes while providing greater ecosystem res- under subsection (a), preference shall be given (i) the head of a Federal or State agency toration benefits. to— charged with reviewing the project study deter- (3) ECOSYSTEM RESTORATION PROJECTS.—With (1) areas in which there has been a Federal mines that the project is likely to have a signifi- respect to a water resources project the primary investment of funds for the purposes described cant adverse impact on environmental, cultural, purpose of which is ecosystem restoration, an in subsection (a); and or other resources under the jurisdiction of the (2) areas with respect to which the need for overriding reason for selecting a plan other than agency after implementation of proposed mitiga- prevention or mitigation of damage to shores the plan that maximizes net national ecosystem tion plans and requests a peer review by an and beaches is attributable to Federal naviga- restoration benefits may be if the Secretary de- independent panel of experts; or tion projects or other Federal activities. termines, and the non-Federal interest concurs, (ii) the Chief of Engineers determines that the (c) APPLICABILITY.—The Secretary shall apply that an alternative plan is feasible and achieves project study is controversial. the policy under subsection (a) to each shore the project purposes while providing greater eco- (4) CONTROVERSIAL PROJECTS.—Upon receipt protection and beach renourishment project (in- nomic development benefits. cluding shore protection and beach renourish- (b) IDENTIFYING ADDITIONAL BENEFITS AND of a written request under paragraph (3)(B) or ment projects constructed before the date of en- PROJECTS.— on the initiative of the Chief of Engineers, the actment of this Act). (1) PRIMARILY ECONOMIC BENEFITS.—In con- Chief of Engineers shall determine whether a project study is controversial. SEC. 2033. ABILITY TO PAY. ducting a study of the feasibility of a project (5) FACTORS TO CONSIDER.—In determining (a) CRITERIA AND PROCEDURES.—Section where the primary benefits are expected to be whether a project study is controversial, the 103(m)(2) of the Water Resources Development economic, the Secretary may identify ecosystem Chief of Engineers shall consider if— Act of 1986 (33 U.S.C. 2213(m)(2)) is amended by restoration benefits that may be achieved in the (A) there is a significant public dispute as to striking ‘‘180 days after such date of enact- study area and, after obtaining the participa- the size, nature, or effects of the project; or ment’’ and inserting ‘‘September 30, 2007’’. tion of a non-Federal interest, may study and (b) PROJECTS.—The Secretary shall apply the recommend construction of additional measures, (B) there is a significant public dispute as to criteria and procedures referred to in section a separate project, or separable project element the economic or environmental costs or benefits 103(m) of the Water Resources Development Act to achieve those benefits. of the project. of 1986 (33 U.S.C. 2213(m)) to the following (2) PRIMARILY ECOSYSTEM RESTORATION BENE- (6) PROJECT STUDIES EXCLUDED FROM PEER RE- projects: FITS.—In conducting a study of the feasibility of VIEW.—Project studies that may be excluded (1) ST. JOHNS BAYOU AND NEW MADRID a project where the primary benefits are ex- from peer review under paragraph (1) are— FLOODWAY, MISSOURI.—The project for flood pected to be associated with ecosystem restora- (A) a study for a project the Chief of Engi- control, St. Johns Bayou and New Madrid tion, the Secretary may identify economic bene- neers determines— Floodway, Missouri, authorized by section fits that may be achieved in the study area and, (i) is not controversial; 401(a) of the Water Resources Development Act after obtaining the participation of a non-Fed- (ii) has no more than negligible adverse im- of 1986 (100 Stat. 4118). eral interest, may study and recommend con- pacts on scarce or unique cultural, historic, or (2) LOWER RIO GRANDE BASIN, TEXAS.—The struction of additional measures, a separate tribal resources; project for flood control, Lower Rio Grande project, or separable project element to achieve (iii) has no substantial adverse impacts on Basin, Texas, authorized by section 401(a) of the those benefits. fish and wildlife species and their habitat prior Water Resources Development Act of 1986 (100 (3) RULES APPLICABLE TO CERTAIN MEASURES, to the implementation of mitigation measures; Stat. 4125). PROJECTS, AND ELEMENTS.—Any additional and (3) WEST VIRGINIA AND PENNSYLVANIA measures, separate project, or separable element (iv) has, before implementation of mitigation PROJECTS.—The projects for flood control au- identified under paragraph (1) or (2) and rec- measures, no more than a negligible adverse im- thorized by section 581 of the Water Resources ommended for construction shall not be consid- pact on a species listed as endangered or threat- Development Act of 1996 (110 Stat. 3790–3791). ered integral to the underlying project and, if ened species under the Endangered Species Act SEC. 2034. LEASING AUTHORITY. authorized, shall be subject to a separate part- of 1973 (16 U.S.C. 1539 et seq.) or the critical Section 4 of the Act entitled ‘‘An Act author- nership agreement, unless a non-Federal inter- habitat of such species designated under such izing the construction of certain public works on est agrees to share in the cost of the additional Act; and rivers and harbors for flood control, and other measures, project, or separable element. (B) a study for a project pursued under sec- purposes’’, approved December 22, 1944 (16 (c) CALCULATION OF BENEFITS AND COSTS FOR tion 205 of the Flood Control Act of 1948 (33 U.S.C. 460d), is amended— FLOOD DAMAGE REDUCTION PROJECTS.—A feasi- U.S.C. 701s), section 2 of the Flood Control Act (1) by inserting ‘‘federally recognized Indian bility study for a project for flood damage re- of August 28, 1937 (33 U.S.C. 701g), section 14 of tribes and’’ before ‘‘Federal’’ the first place it duction shall include, as part of the calculation the Flood Control Act of 1946 (33 U.S.C. 701r), appears; of benefits and costs— section 107(a) of the River and Harbor Act of

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1960 (33 U.S.C. 577(a)), section 3 of the Act enti- (d) DUTIES OF PANELS.—A panel of experts es- shall submit a report to Congress on the imple- tled ‘‘An Act authorizing Federal participation tablished for a peer review for a project study mentation of this section. in the cost of protecting the shores of publicly under this section shall, consistent with the (j) NONAPPLICABILITY OF FACA.—The Federal owned property’’, approved August 13, 1946 (33 scope of the referral for review— Advisory Committee Act (5 U.S.C. App.) shall U.S.C. 426g), section 111 of the River and Har- (1) conduct a peer review for the project study not apply to any peer review panel established bor Act of 1968 (33 U.S.C. 426i), section 3 of the submitted to the panel for review; under this section. Act entitled ‘‘An Act authorizing the construc- (2) assess the adequacy and acceptability of (k) SAVINGS CLAUSE.—Nothing in this section tion, repair, and preservation of certain public the economic and environmental methods, mod- shall be construed to affect any authority of the works on rivers and harbors, and for other pur- els, and analyses used by the Chief of Engi- Chief of Engineers to cause or conduct a peer poses’’, approved March 2, 1945 (33 U.S.C. 603a), neers; review of a water resources project existing on section 1135 of the Water Resources Develop- (3) provide timely written and oral comments the date of enactment of this section. ment Act of 1986 (33 U.S.C. 2309a), section 206 of to the Chief of Engineers throughout the devel- (l) DEFINITIONS.—In this section, the fol- the Water Resources Development Act of 1996 opment of the project study, as requested; and lowing definitions apply: (33 U.S.C. 2330), or section 204 of the Water Re- (4) submit to the Chief of Engineers a final re- (1) PROJECT STUDY.—The term ‘‘project study’’ sources Development Act of 1992 (33 U.S.C. port containing the panel’s economic, engineer- means a feasibility study or reevaluation study 2326). ing, and environmental analysis of the project for a project. The term also includes any other (7) APPEAL.—The decision of the Chief of En- study, including the panel’s assessment of the study associated with a modification or update gineers whether to peer review a project study adequacy and acceptability of the economic and of a project that includes an environmental im- shall be published in the Federal Register and environmental methods, models, and analyses pact statement, including the environmental impact statement. shall be subject to appeal by a person referred to used by the Chief of Engineers, to accompany (2) AFFECTED STATE.—The term ‘‘affected in paragraph (3)(B)(i) or (3)(B)(ii) to the Sec- the publication of the project study. State’’, as used with respect to a project, means retary of the Army if such appeal is made with- (e) DURATION OF PROJECT STUDY PEER RE- a State all or a portion of which is within the in the 30-day period following the date of such VIEWS.— drainage basin in which the project is or would publication. (1) DEADLINE.—A panel of experts shall— be located and would be economically or envi- (8) DETERMINATION OF PROJECT COST.—For (A) complete its peer review under this section ronmentally affected as a consequence of the purposes of determining the estimated total cost for a project study and submit a report to the project. of a project under paragraph (3)(A), the project Chief of Engineers under subsection (d)(4) with- (3) ELIGIBLE ORGANIZATION.—The term ‘‘eligi- cost shall be based upon the reasonable esti- in 180 days after the date of establishment of the mates of the Chief of Engineers at the comple- ble organization’’ means an organization that— panel, or, if the Chief of Engineers determines (A) is described in section 501(c)(3), and ex- tion of the reconnaissance study for the project. that a longer period of time is necessary, such empt from Federal tax under section 501(a), of If the reasonable estimate of project costs is sub- period of time established by the Chief of Engi- the Internal Revenue Code of 1986; sequently determined to be in excess of the neers, but in no event later than 90 days after (B) is independent; amount in paragraph (3)(A), the Chief of Engi- the date a draft project study is made available (C) is free from conflicts of interest; neers shall make a determination whether a for public review; and (D) does not carry out or advocate for or project study should be reviewed under this sec- (B) terminate on the date of submission of the against Federal water resources projects; and tion. report. (E) has experience in establishing and admin- IMING OF EER EVIEW (b) T P R .—The Chief of (2) FAILURE TO MEET DEADLINE.—If a panel istering peer review panels. Engineers shall determine the timing of a peer does not complete its peer review of a project SEC. 2038. STUDIES AND REPORTS FOR WATER review of a project study under subsection (a). study under this section and submit a report to RESOURCES PROJECTS. In all cases, the peer review shall occur during the Chief of Engineers under subsection (d)(4) (a) STUDIES.— the period beginning on the date of the comple- on or before the deadline established by para- (1) COST-SHARING REQUIREMENTS.—Section tion of the reconnaissance study for the project graph (1) for the project study, the Chief of En- 105(a) of the Water Resources Development Act and ending on the date the draft report of the gineers shall continue the project study for the of 1986 (33 U.S.C. 2215(a)) is amended by adding Chief of Engineers for the project is made avail- project that is subject to peer review by the at the end the following: able for public comment. Where the Chief of En- panel without delay. ‘‘(3) DETAILED PROJECT REPORTS.—The re- gineers has not initiated a peer review of a quirements of this subsection that apply to a (f) RECOMMENDATIONS OF PANEL.— project study, the Chief of Engineers shall con- (1) CONSIDERATION BY THE CHIEF OF ENGI- feasibility study also shall apply to a study that sider, at a minimum, whether to initiate a peer NEERS.—After receiving a report on a project results in a detailed project report, except that— ‘‘(A) the first $100,000 of the costs of a study review at the time that— study from a panel of experts under this section (1) the without-project conditions are identi- that results in a detailed project report shall be and before entering a final record of decision for fied; a Federal expense; and (2) the array of alternatives to be considered the project, the Chief of Engineers shall con- ‘‘(B) paragraph (1)(C)(ii) shall not apply to are identified; and sider any recommendations contained in the re- such a study.’’. (3) the preferred alternative is identified. port and prepare a written response for any rec- (2) PLANNING AND ENGINEERING.—Section Nothing in this subsection shall be construed to ommendations adopted or not adopted. 105(b) of such Act (33 U.S.C. 2215(b)) is amended require the Chief of Engineers to conduct mul- (2) PUBLIC AVAILABILITY AND TRANSMITTAL TO by striking ‘‘authorized by this Act’’. tiple peer reviews for a project study. CONGRESS.—After receiving a report on a project (3) DEFINITIONS.—Section 105 of such Act (33 (c) ESTABLISHMENT OF PANELS.— study from a panel of experts under this section, U.S.C. 2215) is amended by adding at the end (1) IN GENERAL.—For each project study sub- the Chief of Engineers shall— the following: ject to peer review under subsection (a), as soon (A) make a copy of the report and any written ‘‘(d) DEFINITIONS.—In this section, the fol- as practicable after the Chief of Engineers deter- response of the Chief of Engineers on rec- lowing definitions apply: mines that a project study will be subject to peer ommendations contained in the report available ‘‘(1) DETAILED PROJECT REPORT.—The term review, the Chief of Engineers shall contract to the public; and ‘detailed project report’ means a report for a with the National Academy of Sciences (or a (B) transmit to Congress a copy of the report, project not specifically authorized by Congress similar independent scientific and technical ad- together with any such written response, on the in law or otherwise that determines the feasi- visory organization), or an eligible organization, date of a final report of the Chief of Engineers bility of the project with a level of detail appro- to establish a panel of experts to peer review the or other final decision document for a project priate to the scope and complexity of the rec- project study for technical and scientific suffi- study that is subject to peer review by the panel. ommended solution and sufficient to proceed di- ciency. (g) COSTS.— rectly to the preparation of contract plans and (2) MEMBERSHIP.—A panel of experts estab- (1) IN GENERAL.—The costs of a panel of ex- specifications. The term includes any associated lished for a project study under this section perts established for a peer review under this environmental impact statement and mitigation shall be composed of independent experts who section— plan. For a project for which the Federal cost represent a balance of areas of expertise suitable (A) shall be a Federal expense; and does not exceed $1,000,000, the term includes a for the review being conducted. (B) shall not exceed $500,000. planning and design analysis document. (3) LIMITATION ON APPOINTMENTS.—An indi- (2) WAIVER.—The Chief of Engineers may ‘‘(2) FEASIBILITY STUDY.—The term ‘feasibility vidual may not be selected to serve on a panel waive the $500,000 limitation contained in para- study’ means a study that results in a feasibility of experts established for a project study under graph (1)(B) in cases that the Chief of Engineers report under section 905, and any associated en- this section if the individual has a financial or determines appropriate. vironmental impact statement and mitigation close professional association with any organi- (h) APPLICABILITY.—This section shall apply plan, prepared by the Corps of Engineers for a zation or group with a strong financial or orga- to— water resources project. The term includes a nizational interest in the project. (1) project studies initiated during the 2-year study that results in a project implementation (4) CONGRESSIONAL NOTIFICATION.—Upon period preceding the date of enactment of this report prepared under title VI of the Water Re- identification of a project study for peer review Act and for which the array of alternatives to sources Development Act of 2000 (114 Stat. 2680– under this section, but prior to initiation of any be considered has not been identified; and 2694), a general reevaluation report, and a lim- review, the Chief of Engineers shall notify the (2) project studies initiated during the period ited reevaluation report.’’. Committee on Environment and Public Works of beginning on such date of enactment and end- (b) REPORTS.— the Senate and the Committee on Transpor- ing 4 years after such date of enactment. (1) PREPARATION.—Section 905(a) of the Water tation and Infrastructure of the House of Rep- (i) REPORT.—Within 41⁄2 years of the date of Resources Development Act of 1986 (33 U.S.C. resentatives of such review. enactment of this section, the Chief of Engineers 2282(a)) is amended—

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 6333 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3622 CONGRESSIONAL RECORD — HOUSE April 19, 2007 (A) by striking ‘‘(a) In the case of any’’ and water resources project, the Secretary may enter section 107 of the River and Harbor Act of 1960 inserting the following: into a contract or agreement with a private enti- (33 U.S.C. 577), is modified to allow non-Federal ‘‘(a) PREPARATION OF REPORTS.— ty only if the private entity provides assurances interests to construct a mooring facility within ‘‘(1) IN GENERAL.—In the case of any’’; satisfactory to the Secretary that, to the max- the existing authorized harbor channel, subject (B) by striking ‘‘the Secretary, the Secretary imum extent practicable— to all necessary permits, certifications, and shall’’ and inserting ‘‘the Secretary that results (1) local residents in the area of the project other requirements. in recommendations concerning a project or the will comprise not less than 50 percent of the (b) LIMITATION ON STATUTORY CONSTRUC- operation of a project and that requires specific workforce employed by the entity to perform the TION.—Nothing in this section shall be con- authorization by Congress in law or otherwise, contract or agreement; and strued as affecting the responsibility of the Sec- the Secretary shall perform a reconnaissance (2) local residents in the area of the project retary to maintain the general navigation fea- study and’’; will comprise not less than 50 percent of the tures of the project at a bottom width of 250 feet. (C) by striking ‘‘Such feasibility report’’ and workforce employed by each subcontractor at SEC. 3007. PINE MOUNTAIN DAM, ARKANSAS. inserting the following: each tier in connection with the contract or The Pine Mountain Dam feature of the ‘‘(2) CONTENTS OF FEASIBILITY REPORTS.—A agreement. project for flood protection, Lee Creek, Arkansas feasibility report’’; (b) EXEMPTIONS.— and Oklahoma, authorized by section 204 of the (D) by striking ‘‘The feasibility report’’ and (1) IN GENERAL.—The Secretary may waive the Flood Control Act of 1965 (79 Stat. 1078), is inserting ‘‘A feasibility report’’; and application of subsection (a) with respect to a modified— (E) by striking the last sentence and inserting contract or agreement if the Secretary deter- (1) to add environmental restoration as a the following: mines that compliance with subsection (a) is not project purpose; and ‘‘(3) APPLICABILITY.—This subsection shall feasible due to— (2) to direct the Secretary to finance the non- not apply to— (A) a lack of qualified local residents to permit Federal share of the cost of the project over a ‘‘(A) any study with respect to which a report satisfaction of the requirements of subsection 30-year period in accordance with section 103(k) has been submitted to Congress before the date (a); of the Water Resources Development Act of 1986 of enactment of this Act; (B) a lack of sufficient numbers of specialized (33 U.S.C. 2213(k)). ‘‘(B) any study for a project, which project is workers necessary to carry out the project; or authorized for construction by this Act and is SEC. 3008. AMERICAN AND SACRAMENTO RIVERS, (C) the need to comply with small business or CALIFORNIA. . not subject to section 903(b); minority contracting requirements under Fed- ‘‘(C) any study for a project which does not (a) IN GENERAL.—The project for flood con- eral law. trol, American and Sacramento Rivers, Cali- require specific authorization by Congress in (2) DOCUMENTATION.—Any determination by law or otherwise; and fornia, authorized by section 101(a)(6)(A) of the the Secretary under paragraph (1) to waive the Water Resources Development Act of 1999 (113 ‘‘(D) general studies not intended to lead to application of subsection (a) with respect to a recommendation of a specific water resources Stat. 274), as modified by section 128 of the En- contract or agreement shall be justified in writ- ergy and Water Development Appropriations project. ing. ‘‘(4) FEASIBILITY REPORT DEFINED.—In this Act, 2006 (119 Stat. 2259), is further modified to (c) REGULATIONS.—The Secretary shall issue subsection, the term ‘feasibility report’ means authorize the Secretary to construct the auxil- regulations establishing local residency and iary spillway generally in accordance with the each feasibility report, and any associated envi- other requirements to facilitate compliance with ronmental impact statement and mitigation Post Authorization Change Report, American this section. River Watershed Project (Folsom Dam Modifica- plan, prepared by the Corps of Engineers for a (d) PRIOR CONTRACTS.—Nothing in this sec- water resources project. The term includes a tion and Folsom Dam Raise Projects), dated De- tion shall be construed to affect any contract or cember 2006, at a total cost of $683,000,000, with project implementation report prepared under agreement entered into before the effective date title VI of the Water Resources Development Act an estimated Federal cost of $444,000,000 and an of this section. estimated non-Federal cost of $239,000,000. of 2000 (114 Stat. 2680–2694), a general reevalua- (e) EFFECTIVE DATE.—This section shall be- tion report, and a limited reevaluation report.’’. (b) DAM SAFETY ACTIVITIES.—Nothing in this come effective 180 days after the date of enact- section shall be construed to limit the authority (2) PROJECTS NOT SPECIFICALLY AUTHORIZED ment of this Act. BY CONGRESS.—Section 905 of such Act is further of the Secretary of the Interior to carry out dam amended— TITLE III—PROJECT-RELATED safety activities in connection with the auxil- (A) in subsection (b) by inserting ‘‘RECONNAIS- PROVISIONS iary spillway in accordance with the Bureau of SANCE STUDIES.—’’ before ‘‘Before initiating’’; SEC. 3001. COOK INLET, ALASKA. Reclamation Safety of Dams Program. (B) by redesignating subsections (c), (d), and Section 118(a)(3) of the Energy and Water De- (c) TRANSFER OF FUNDS.—The Secretary and (e) as subsections (d), (e), and (f), respectively; velopment Appropriations Act, 2005 (title I of di- the Secretary of the Interior are authorized to (C) by inserting after subsection (b) the fol- vision C of the Consolidated Appropriations Act, transfer between their respective agencies ap- lowing: 2005; 118 Stat. 2945) is amended by inserting ‘‘as propriated amounts and other available funds ‘‘(c) PROJECTS NOT SPECIFICALLY AUTHORIZED part of the operation and maintenance of such (including funds contributed by non-Federal in- BY CONGRESS.—In the case of any water re- project modification’’ after ‘‘by the Secretary’’. terests) for the purpose of planning, design, and sources project-related study authorized to be SEC. 3002. KING COVE HARBOR, ALASKA. construction of the auxiliary spillway. Any undertaken by the Secretary without specific The maximum amount of Federal funds that transfer made pursuant to this subsection shall authorization by Congress in law or otherwise, may be expended for the project for navigation, be subject to such terms and conditions as the Secretary shall prepare a detailed project re- King Cove Harbor, Alaska, being carried out agreed upon by the Secretary and the Secretary port.’’; under section 107 of the River and Harbor Act of of the Interior. (D) in subsection (d) (as so redesignated) by 1960 (33 U.S.C. 577), shall be $8,000,000. SEC. 3009. COMPTON CREEK, CALIFORNIA. inserting ‘‘INDIAN TRIBES.—’’ before ‘‘For pur- SEC. 3003. SITKA, ALASKA. The project for flood control, Los Angeles poses of’’; and The Sitka, Alaska, element of the project for Drainage Area, California, authorized by sec- (E) in subsection (e) (as so redesignated) by navigation, Southeast Alaska Harbors of Ref- tion 101(b) of the Water Resources Development inserting ‘‘STANDARD AND UNIFORM PROCEDURES uge, Alaska, authorized by section 101(1) of the Act of 1990 (104 Stat. 4611), is modified to add AND PRACTICES.—’’ before ‘‘The Secretary Water Resources Development Act of 1992 (106 environmental restoration and recreation as shall’’. Stat. 4801), is modified to direct the Secretary to project purposes. SEC. 2039. OFFSHORE OIL AND GAS FABRICATION take such action as is necessary to correct de- SEC. 3010. GRAYSON CREEK/MURDERER’S CREEK, PORT. sign deficiencies in the Sitka Harbor Break- CALIFORNIA. (a) IN GENERAL.—In conducting a feasibility The project for aquatic ecosystem restoration, water, at full Federal expense. The estimated study for the project for navigation, Grayson Creek/Murderer’s Creek, California, cost is $6,300,000. Atchafalaya River, Bayous Chene, Boeuf, and being carried out under section 206 of the Water Black, Louisiana, being conducted under sec- SEC. 3004. TATITLEK, ALASKA. Resources Development Act of 1996 (33 U.S.C. tion 430 of the Water Resources Development The maximum amount of Federal funds that 2330), is modified— Act of 2000 (114 Stat. 2639), the Secretary shall may be expended for the project for navigation, (1) to direct the Secretary to credit toward the include in the calculation of national economic Tatitlek, Alaska, being carried out under section non-Federal share of the cost of the project the development benefits all economic benefits asso- 107 of the River and Harbor Act of 1960 (33 cost of work carried out by the non-Federal in- ciated with contracts for new energy exploration U.S.C. 577), shall be $10,000,000. terest before the date of the partnership agree- and contracts for the fabrication of energy in- SEC. 3005. RIO DE FLAG, FLAGSTAFF, ARIZONA. ment for the project if the Secretary determines frastructure that would result from carrying out The project for flood damage reduction, Rio that the work is integral to the project; and the project. De Flag, Flagstaff, Arizona, authorized by sec- (2) to authorize the Secretary to consider na- (b) REPEAL.—Section 6009 of the Emergency tion 101(b)(3) of the Water Resources Develop- tional ecosystem restoration benefits in deter- Supplemental Appropriations Act for Defense, ment Act of 2000 (114 Stat. 2576), is modified to mining the Federal interest in the project. the Global War on Terror, and Tsunami Relief, authorize the Secretary to construct the project SEC. 3011. HAMILTON AIRFIELD, CALIFORNIA. 2005 (Public Law 109–13; 119 Stat. 282) is re- at a total cost of $54,100,000, with an estimated The project for environmental restoration, pealed. Federal cost of $35,000,000 and a non-Federal Hamilton Airfield, California, authorized by sec- SEC. 2040. USE OF FIRMS EMPLOYING LOCAL cost of $19,100,000. tion 101(b)(3) of the Water Resources Develop- RESIDENTS. SEC. 3006. OSCEOLA HARBOR, ARKANSAS. ment Act of 1999 (113 Stat. 279), is modified to (a) CONTRACTS OR AGREEMENTS WITH PRIVATE (a) IN GENERAL.—The project for navigation, direct the Secretary to construct the project sub- ENTITIES.—In carrying out construction of a Osceola Harbor, Arkansas, constructed under stantially in accordance with the report of the

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 6333 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3623 Chief of Engineers dated July 19, 2004, at a total 2330), is modified to authorize the Secretary to SEC. 3022. SANTA CRUZ HARBOR, CALIFORNIA. cost of $228,100,000, with an estimated Federal expend $2,000,000 to enhance public access to The project for navigation, Santa Cruz Har- cost of $171,100,000 and an estimated non-Fed- the project. bor, California, authorized by section 101 of the eral cost of $57,000,000. SEC. 3018. PINOLE CREEK, CALIFORNIA. River and Harbor Act of 1958 (72 Stat. 300) and SEC. 3012. JOHN F. BALDWIN SHIP CHANNEL AND The project for improvement of the quality of modified by section 809 of the Water Resources STOCKTON SHIP CHANNEL, CALI- the environment, Pinole Creek Phase I, Cali- Development Act of 1986 (100 Stat. 4168) and sec- FORNIA. fornia, being carried out under section 1135 of tion 526 of the Water Resources Development The project for navigation, San Francisco to the Water Resources Development Act of 1986 Act of 1999 (113 Stat. 346), is modified to direct Stockton, California, authorized by section 301 (33 U.S.C. 2309a), is modified to direct the Sec- the Secretary— of the River and Harbor Act of 1965 (79 Stat. retary to credit toward the non-Federal share of (1) to renegotiate the memorandum of agree- 1091) is modified— the cost of the project the cost of work carried ment with the non-Federal interest to increase (1) to provide that the non-Federal share of out by the non-Federal interest before the date the annual payment to reflect the updated cost the cost of the John F. Baldwin Ship Channel of the partnership agreement for the project if of operation and maintenance that is the Fed- and Stockton Ship Channel element of the the Secretary determines that the work is inte- eral and non-Federal share as provided by law project may be provided in the form of in-kind gral to the project. based on the project purpose; and services and materials; and SEC. 3019. PRADO DAM, CALIFORNIA. (2) to revise the memorandum of agreement to (2) to direct the Secretary to credit toward the Upon completion of the modifications to the include terms that revise such payments for in- non-Federal share of the cost of such element Prado Dam element of the project for flood con- flation. the cost of planning and design work carried trol, Santa Ana River Mainstem, California, au- SEC. 3023. SEVEN OAKS DAM, CALIFORNIA. out by the non-Federal interest before the date thorized by section 401(a) of the Water Re- The project for flood control, Santa Ana of an agreement for such planning and design if sources Development Act of 1986 (100 Stat. 4113), Mainstem, authorized by section 401(a) of the the Secretary determines that such work is inte- the Memorandum of Agreement for the Oper- Water Resources Development Act of 1986 (100 gral to such element. ation for Prado Dam for Seasonal Additional Stat. 4113) and modified by section 104 of the SEC. 3013. KAWEAH RIVER, CALIFORNIA. Water Conservation between the Department of Energy and Water Development Appropriations The project for flood control, Terminus Dam, the Army and the Orange County Water District Act, 1988 (101 Stat. 1329–11), section 102(e) of the Kaweah River, California, authorized by section (including all the conditions and stipulations in Water Resources Development Act of 1990 (104 101(b)(5) of the Water Resources Development the memorandum) shall remain in effect for vol- Stat. 4611), and section 311 of the Water Re- Act of 1996 (110 Stat. 3658), is modified to direct umes of water made available prior to such sources Development Act of 1996 (110 Stat. 3713), the Secretary to credit toward the non-Federal modifications. is further modified to direct the Secretary to share of the cost of the project, or provide reim- SEC. 3020. SACRAMENTO AND AMERICAN RIVERS conduct a study for the reallocation of water bursement not to exceed $800,000, for the costs of FLOOD CONTROL, CALIFORNIA. storage at the Seven Oaks Dam, California, for any work carried out by the non-Federal inter- (a) DETERMINATION OF FEDERAL COSTS PAID water conservation. est before, on, or after the date of the project BY NON-FEDERAL INTEREST.— SEC. 3024. UPPER GUADALUPE RIVER, CALI- partnership agreement if the Secretary deter- (1) FEDERAL COSTS PAID BY NON-FEDERAL IN- FORNIA. mines that the work is integral to the project. TEREST.—The Secretary shall determine the The project for flood damage reduction and SEC. 3014. LARKSPUR FERRY CHANNEL, LARK- amount paid by the Sacramento Area Flood recreation, Upper Guadalupe River, California, SPUR, CALIFORNIA. Control Agency towards the Federal share of authorized by section 101(a)(9) of the Water Re- The project for navigation, Larkspur Ferry the cost of the project for the Natomas levee fea- sources Development Act of 1999 (113 Stat. 275), Channel, Larkspur, California, authorized by tures authorized by section 9159(b) of the De- is modified to authorize the Secretary to con- section 601(d) of the Water Resources Develop- partment of Defense Appropriations Act, 1993 struct the project generally in accordance with ment Act of 1986 (100 Stat. 4148), is modified to (106 Stat. 1944) of the project for flood control the Upper Guadalupe River Flood Damage Re- direct the Secretary to determine whether main- and recreation, Sacramento and American Riv- duction, San Jose, California, Limited Reevalu- tenance of the project is feasible, and if the Sec- ers, California. ation Report, dated March, 2004, at a total cost retary determines that maintenance of the (2) REIMBURSEMENTS TO NON-FEDERAL INTER- of $244,500,000. project is feasible, to carry out such mainte- EST.—The Secretary shall determine the amount SEC. 3025. WALNUT CREEK CHANNEL, CALI- nance. of reimbursements paid to the Sacramento Flood FORNIA. SEC. 3015. LLAGAS CREEK, CALIFORNIA. Control Agency for payment of the Federal The project for aquatic ecosystem restoration, (a) IN GENERAL.—The project for flood dam- share of the cost of the project referred to in Walnut Creek Channel, California, being car- age reduction, Llagas Creek, California, author- paragraph (1). ried out under section 206 of the Water Re- ized by section 501(a) of the Water Resources (3) DETERMINATION OF FEDERAL SHARE.—In sources Development Act of 1996 (33 U.S.C. Development Act of 1999 (113 Stat. 333), is modi- carrying out paragraph (1), the Secretary shall 2330), is modified— fied to authorize the Secretary to carry out the include in the total cost of the project all costs (1) to direct the Secretary to credit toward the project at a total cost of $105,000,000, with an es- of the following activities that the Secretary de- non-Federal share of the cost of the project the timated Federal cost of $65,000,000, and an esti- termines to be integral to the project: cost of work carried out by the non-Federal in- mated non-Federal cost of $40,000,000. (A) Planning, engineering, and construction. terest before the date of the partnership agree- (B) Acquisition of project lands, easements, (b) SPECIAL RULE.—In evaluating and implement for the project if the Secretary determines and rights-of-way. menting the project, the Secretary shall allow that the work is integral to the project; and (C) Performance of relocations. the non-Federal interest to participate in the fi- (D) Environmental mitigation for all project (2) to authorize the Secretary to consider na- nancing of the project in accordance with sec- elements. tional ecosystem restoration benefits in deter- tion 903(c) of the Water Resources Development (b) CREDIT.— mining the Federal interest in the project. Act of 1986 (100 Stat. 4184) to the extent that the (1) IN GENERAL.—The Secretary shall credit to- SEC. 3026. WILDCAT/SAN PABLO CREEK PHASE I, Secretary’s evaluation indicates that applying ward the non-Federal share of the cost of any CALIFORNIA. such section is necessary to implement the flood damage reduction project, authorized be- The project for improvement of the quality of project. fore the date of enactment of this Act, for which the environment, Wildcat/San Pablo Creek SEC. 3016. MAGPIE CREEK, CALIFORNIA. the non-Federal interest is the Sacramento Area Phase I, California, being carried out under sec- (a) IN GENERAL.—The project for Magpie Flood Control Agency an amount equal to the tion 1135 of the Water Resources Development Creek, California, authorized under section 205 total amount determined under subsection (a)(1) Act of 1986 (33 U.S.C. 2309a), is modified to di- of the Flood Control Act of 1948 (33 U.S.C. 701s), reduced by the amount determined under sub- rect the Secretary to credit toward the non-Fed- is modified to direct the Secretary to apply the section (a)(2). eral share of the cost of the project the cost of cost-sharing requirements of section 103(b) of (2) ALLOCATION OF CREDIT.—The Secretary work carried out by the non-Federal interest be- the Water Resources Development Act of 1986 shall allocate the amount to be credited under fore the date of the partnership agreement for (100 Stat. 4085) for the portion of the project paragraph (1) toward the non-Federal share of the project if the Secretary determines that the consisting of land acquisition to preserve and such projects as are requested by the Sac- work is integral to the project. enhance existing floodwater storage. ramento Area Flood Control Agency. SEC. 3027. WILDCAT/SAN PABLO CREEK PHASE II, (b) CREDIT.—The Secretary shall credit to- SEC. 3021. SACRAMENTO DEEP WATER SHIP CALIFORNIA. ward the non-Federal share of the cost of the CHANNEL, CALIFORNIA. The project for aquatic ecosystem restoration, project the cost of planning and design work The project for navigation, Sacramento Deep Wildcat/San Pablo Creek Phase II, California, carried out by the non-Federal interest before Water Ship Channel, California, authorized by being carried out under section 206 of the Water the date of the partnership agreement for the section 202(a) of the Water Resources Develop- Resources Development Act of 1996 (33 U.S.C. project if the Secretary determines that the work ment Act of 1986 (100 Stat. 4092), is modified to 2330), is modified to direct the Secretary to cred- is integral to the project. direct the Secretary to credit toward the non- it toward the non-Federal share of the cost of SEC. 3017. PACIFIC FLYWAY CENTER, SAC- Federal share of the cost of the project the cost the project the cost of work carried out by the RAMENTO, CALIFORNIA. of planning and design work carried out by the non-Federal interest before the date of the part- The project for aquatic ecosystem restoration, non-Federal interest before the date of the partnership agreement for the project if the Sec- Pacific Flyway Center, Sacramento, California, nership agreement for the project if the Sec- retary determines that the work is integral to being carried out under section 206 of the Water retary determines that the work is integral to the project and to authorize the Secretary to Resources Development Act of 1996 (33 U.S.C. the project. consider national ecosystem restoration benefits

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 6333 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3624 CONGRESSIONAL RECORD — HOUSE April 19, 2007 in determining the Federal interest in the trol Act of 1965 (79 Stat. 1073), by Senate Resolu- sources Development Act of 1986 (33 U.S.C. project. tion dated December 17, 1970, and by House Res- 2309a) shall be $9,750,000. SEC. 3028. YUBA RIVER BASIN PROJECT, CALI- olution dated December 15, 1970, and modified SEC. 3039. TAMPA HARBOR-BIG BEND CHANNEL, FORNIA. by section 309 of the Water Resources Develop- FLORIDA. The project for flood damage reduction, Yuba ment Act of 2000 (114 Stat. 2602), is further modi- The project for navigation, Tampa Harbor-Big River Basin, California, authorized by section fied to direct the Secretary to credit toward the Bend Channel, Florida, authorized by section 101(a)(10) of the Water Resources Development non-Federal share of the cost of the project the 101(a)(18) of the Water Resources Development Act of 1999 (113 Stat. 275), is modified— cost of work carried out by the non-Federal in- Act of 1999 (113 Stat. 276) is modified to direct (1) to authorize the Secretary to construct the terest before the date of the partnership agree- the Secretary to credit toward the non-Federal project at a total cost of $107,700,000, with an es- ment for the project if the Secretary determines share of the cost of the project the cost of plan- timated Federal cost of $70,000,000 and an esti- that the work is integral to the project. ning, design, and construction work carried out mated non-Federal cost of $37,700,000; and SEC. 3035. JACKSONVILLE HARBOR, FLORIDA. by the non-Federal interest before the date of (2) to direct the Secretary to credit toward the (a) IN GENERAL.—The project for navigation, the partnership agreement for the project if the non-Federal share of the cost of the project the Jacksonville Harbor, Florida, authorized by sec- Secretary determines that the work is integral to cost of work carried out by the non-Federal in- tion 101(a)(17) of the Water Resources Develop- the project. terest before the date of the partnership agreement Act of 1999 (113 Stat. 276), is modified to SEC. 3040. TAMPA HARBOR CUT B, FLORIDA. ment for the project if the Secretary determines authorize the Secretary to extend the navigation (a) IN GENERAL.—The project for navigation, that the work is integral to the project. features in accordance with the Report of the Tampa Harbor, Florida, authorized by section SEC. 3029. SOUTH PLATTE RIVER BASIN, COLO- Chief of Engineers, dated July 22, 2003, at a 101 of the River and Harbor Act of 1970 (84 Stat. RADO. total cost of $14,658,000, with an estimated Fed- 1818), is modified to authorize the Secretary to Section 808 of the Water Resources Develop- eral cost of $9,636,000 and an estimated non- construct passing lanes in an area approxi- ment Act of 1986 (100 Stat. 4168) is amended by Federal cost of $5,022,000. mately 3.5 miles long and centered on Tampa striking ‘‘agriculture,’’ and inserting ‘‘agri- (b) GENERAL REEVALUATION REPORTS.—The Harbor Cut B if the Secretary determines that culture, environmental restoration,’’. non-Federal share of the cost of the general re- such improvements are necessary for navigation safety. SEC. 3030. INTRACOASTAL WATERWAY, DELAWARE evaluation report that resulted in the report of (b) GENERAL REEVAULATION REPORT.—The RIVER TO CHESAPEAKE BAY, DELA- the Chief of Engineers for the project and the non-Federal share of the cost of the general re- WARE AND MARYLAND. non-Federal share of the cost of the general reevaluation report for Tampa Harbor, Florida, The project for navigation, Intracoastal Wa- evaluation report for Jacksonville Harbor, Flor- being conducted on June 1, 2005, shall be the terway, Delaware River to Chesapeake Bay, ida, being conducted on June 1, 2005, shall each same percentage as the non-Federal share of the Delaware and Maryland, authorized by the first be the same percentage as the non-Federal share cost of construction of the project. section of the Rivers and Harbors Act of August of the cost of construction of the project. (c) AGREEMENT.—The Secretary shall enter 30, 1935 (49 Stat. 1030), and section 101 of the (c) AGREEMENT.—The Secretary shall enter into a new partnership agreement with the non- River and Harbor Act of 1954 (68 Stat. 1249), is into new partnership agreements with the non- Federal interest to reflect the cost sharing re- modified to add recreation as a project purpose. Federal interest to reflect the cost sharing required by subsection (b). SEC. 3031. BREVARD COUNTY, FLORIDA. quired by subsection (b). SEC. 3041. ALLATOONA LAKE, GEORGIA. SEC. 3036. LIDO KEY BEACH, SARASOTA, FLORIDA. (a) SHORELINE.—The project for shoreline pro- (a) LAND EXCHANGE.— tection, Brevard County, Florida, authorized by (a) IN GENERAL.—The project for shore protec- (1) IN GENERAL.—The Secretary may exchange section 101(b)(7) of the Water Resources Devel- tion, Lido Key Beach, Sarasota, Florida, au- lands above 863 feet in elevation at Allatoona opment Act of 1996 (110 Stat. 3667), is modified— thorized by section 101 of the River and Harbor Lake, Georgia, identified in the Real Estate De- (1) to direct the Secretary to establish the Act of 1970 (84 Stat. 1819), deauthorized under sign Memorandum prepared by the Mobile dis- reach of the project as the reach between the section 1001(b) of the Water Resources Develop- trict engineer, April 5, 1996, and approved Octo- Florida department of environmental protection ment Act of 1986 (33 U.S.C. 579a(b)), and reau- ber 8, 1996, for lands on the north side of monuments 75.4 to 118.3, a distance of 7.6 miles; thorized by section 364(2)(A) of the Water Re- Allatoona Lake that are needed for wildlife and sources Development Act of 1999 (113 Stat. 313), management and for protection of the water (2) to direct the Secretary to expedite the gen- is modified to direct the Secretary to construct quality and overall environment of Allatoona eral reevaluation report required by section 418 the project substantially in accordance with the Lake. of the Water Resources Development Act of 2000 report of the Chief of Engineers dated December (2) TERMS AND CONDITIONS.—The basis for all (114 Stat. 2637). 22, 2004, at a total cost of $15,190,000, with an land exchanges under this subsection shall be a (b) CREDIT.—Section 310 of the Water Re- estimated Federal cost of $9,320,000 and an esti- fair market appraisal so that lands exchanged sources Development Act of 1999 (113 Stat. 301) mated non-Federal cost of $5,870,000, and at an are of equal value. is amended by adding at the end the following: estimated total cost of $65,000,000 for periodic (b) DISPOSAL AND ACQUISITION OF LANDS, ‘‘(d) CREDIT.—After completion of the study, nourishment over the 50-year life of the project. ALLATOONA LAKE, GEORGIA.— the Secretary shall credit toward the non-Fed- (b) CONSTRUCTION OF SHORELINE PROTECTION (1) IN GENERAL.—The Secretary may also sell eral share of the cost of the project for shore PROJECTS BY NON-FEDERAL INTERESTS.—The lands above 863 feet in elevation at Allatoona protection the cost of nourishment and re- Secretary shall enter into a partnership agree- Lake, Georgia, identified in the memorandum nourishment associated with the project for ment with the non-Federal interest in accord- referred to in subsection (a)(1) and may use the shore protection incurred by the non-Federal in- ance with section 206 of the Water Resources proceeds to pay costs associated with the pur- terest to respond to damages to Brevard County Development Act of 1992 (33 U.S.C. 426i–1) for chase of lands needed for wildlife management beaches that are the result of a Federal naviga- the modified project. and for protection of the water quality and tion project, as determined in the final report SEC. 3037. MIAMI HARBOR, FLORIDA. overall environment of Allatoona Lake. for the study.’’. The project for navigation, Miami Harbor (2) TERMS AND CONDITIONS.—Land sales and SEC. 3032. BROWARD COUNTY AND HILLSBORO Channel, Florida, authorized by section purchases to be conducted under this subsection INLET, FLORIDA. 101(a)(9) of the Water Resources Development shall be subject to the following terms and con- The project for shore protection, Broward Act of 1990 (104 Stat. 4606) and modified by sec- ditions: (A) Lands acquired under this subsection County and Hillsboro Inlet, Florida, authorized tion 315 of the Water Resources Development shall be by negotiated purchase from willing by section 301 of the River and Harbor Act of Act of 1999 (113 Stat. 302), is further modified— 1965 (79 Stat. 1090), and modified by section 311 (1) to include as a project purpose environ- sellers only. (B) The basis for all transactions under the of the Water Resources Development Act of 1999 mental mitigation required before July 18, 2003, program shall be a fair market appraisal accept- (113 Stat. 301), is further modified to direct the by a Federal, State, or local environmental Secretary to credit toward the non-Federal able to the Secretary. agency for unauthorized or unanticipated envi- (C) The purchasers shall share in the associ- share of the cost of the project the cost of miti- ronmental impacts within, or in the vicinity of, ated real estate costs, to include surveys and as- gation construction and derelict erosion control the authorized project; and sociated fees in accordance with the memo- structure removal carried out by the non-Fed- (2) to direct the Secretary to reimburse the randum referred to in subsection (a)(1). eral interest before the date of the partnership non-Federal interest for the Federal share of the (D) Any other conditions that the Secretary agreement for the project if the Secretary deter- costs the non-Federal interest has incurred in may impose. mines that the work is integral to the project. construction of the project (including environ- (c) REPEAL.—Section 325 of the Water Re- SEC. 3033. CANAVERAL HARBOR, FLORIDA. mental mitigation costs and costs incurred for sources Development Act of 1992 (106 Stat. 4849) In carrying out the project for navigation, Ca- incomplete usable increments of the project) in is repealed. naveral Harbor, Florida, authorized by section accordance with section 204 of the Water Re- SEC. 3042. LATHAM RIVER, GLYNN COUNTY, GEOR- 101 of the River and Harbor Act of 1962 (76 Stat. sources Development Act of 1986 (33 U.S.C. GIA. 1174), the Secretary shall construct a sediment 2232). The maximum amount of Federal funds that trap. SEC. 3038. PEANUT ISLAND, FLORIDA. may be expended for the project for improvement SEC. 3034. GASPARILLA AND ESTERO ISLANDS, The maximum amount of Federal funds that of the quality of the environment, Latham FLORIDA. may be expended for the project for improvement River, Glynn County, Georgia, being carried out The project for shore protection, Gasparilla of the quality of the environment, Peanut Is- under section 1135 of the Water Resources De- and Estero Island segments, Lee County, Flor- land, Palm Beach County, Florida, being car- velopment Act of 1986 (33 U.S.C. 2309a) shall be ida, authorized by section 201 of the Flood Con- ried out under section 1135 of the Water Re- $6,175,000.

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SEC. 3043. DWORSHAK DAM AND RESERVOIR IM- (c) CONFORMING AMENDMENT.—Section 345 of tion 520 of the Water Resources Development PROVEMENTS, IDAHO. the District of Columbia Appropriations Act, Act of 2000 (114 Stat. 2655), is further modified The Secretary may carry out improvements to 2005 (Public Law 108–335; 118 Stat. 1352), is to direct the Secretary to seek to reduce the cost recreational facilities at the Dworshak Dam and amended to read as follows: of the project by using innovative technologies Reservoir, North Fork, Clearwater River, Idaho, ‘‘SEC. 345. CHICAGO SANITARY AND SHIP CANAL and cost reduction measures determined from a authorized by section 203 of the Flood Control DISPERSAL BARRIER, ILLINOIS. review of non-Federal lake dredging projects in Act of 1962 (76 Stat. 1193), to accommodate lower ‘‘There are authorized to be appropriated the vicinity of Koontz Lake. pool levels. such sums as may be necessary to carry out the SEC. 3053. WHITE RIVER, INDIANA. SEC. 3044. BEARDSTOWN COMMUNITY BOAT HAR- Barrier II project of the project for the Chicago The project for flood control, Indianapolis on BOR, BEARDSTOWN, ILLINOIS. Sanitary and Ship Canal Dispersal Barrier, Illi- West Fork of White River, Indiana, authorized (a) IN GENERAL.—The project for navigation, nois, initiated pursuant to section 1135 of the by section 5 of the Act entitled ‘‘An Act author- Muscooten Bay, Illinois River, Beardstown Water Resources Development Act of 1986 (33 izing the construction of certain public works on Community Boat Harbor, Beardstown, Illinois, U.S.C. 2294 note; 100 Stat. 4251).’’. rivers and harbors for flood control, and for constructed under section 107 of the River and (d) FEASIBILITY STUDY.—The Secretary, in other purposes’’, approved June 22, 1936 (49 Harbor Act of 1960 (33 U.S.C. 577), is modified— consultation with appropriate Federal, State, Stat. 1586), and modified by section 323 of the (1) to include the channel between the harbor local, and nongovernmental entities, shall con- Water Resources Development Act of 1996 (110 and the Illinois River; and duct, at Federal expense, a feasibility study of Stat. 3716) and section 322 of the Water Re- (2) to direct the Secretary to enter into a part- the range of options and technologies available sources Development Act of 1999 (113 Stat. 303– nership agreement with the city of Beardstown to prevent the spread of aquatic nuisance spe- 304), is further modified— to replace the local cooperation agreement dated cies between the Great Lakes and Mississippi (1) to authorize the Secretary to undertake the August 18, 1983, with the Beardstown Commu- River Basins through the Chicago Sanitary and riverfront alterations described in the Central nity Park District. Ship Canal and other pathways. Indianapolis Waterfront Concept Plan, dated (b) TERMS OF PARTNERSHIP AGREEMENT.—The SEC. 3048. EMIQUON, ILLINOIS. February 1994, for the Fall Creek Reach feature partnership agreement referred to in subsection (a) MAXIMUM AMOUNT.—The maximum at a total cost of $28,545,000; and (a) shall include the same rights and respon- amount of Federal funds that may be expended (2) to direct the Secretary to credit toward the sibilities as the local cooperation agreement for the project for aquatic ecosystem restoration, non-Federal share of the cost of the project the dated August 18, 1983, changing only the iden- Emiquon, Illinois, being carried out under sec- cost of planning, design, and construction work tity of the non-Federal sponsor. tion 206 of the Water Resources Development carried out by the non-Federal interest before (c) MAINTENANCE.—Following execution of the Act of 1996 (33 U.S.C. 2330), shall be $7,500,000. the date of the partnership agreement for the partnership agreement referred to in subsection (b) LIMITATION.—Nothing in this section shall project if the Secretary determines that the work (a), the Secretary may carry out maintenance of affect the eligibility of the project for emergency is integral to the project. the project referred to in subsection (a) on an repair assistance under section 5(a) of the Act SEC. 3054. DES MOINES RIVER AND GREENBELT, annual basis. entitled ‘‘An Act authorizing the construction of IOWA. SEC. 3045. CACHE RIVER LEVEE, ILLINOIS. certain public works on rivers and harbors for The project for the Des Moines Recreational The Cache River Levee constructed for flood flood control, and for other purposes’’, approved River and Greenbelt, Iowa, authorized by Public control at the Cache River, Illinois, and author- August 18, 1941 (33 U.S.C. 701n). Law 99–88 and modified by section 604 of the ized by the Act of June 28, 1938 (52 Stat. 1217), SEC. 3049. LASALLE, ILLINOIS. Water Resources Development Act of 1986 (100 is modified to add environmental restoration as In carrying out section 312 of the Water Re- Stat. 4153), is modified to include enhanced pub- a project purpose. sources Development Act of 1990 (104 Stat. 4639– lic access and recreational enhancements, at a SEC. 3046. CHICAGO RIVER, ILLINOIS. 4640), the Secretary shall give priority to work Federal cost of $3,000,000. The navigation channel for the North Branch in the vicinity of LaSalle, Illinois, on the Illinois SEC. 3055. PRESTONSBURG, KENTUCKY. Canal portion of the Chicago River, authorized and Michigan Canal. The Prestonsburg, Kentucky, element of the by the first section of the Rivers and Harbors SEC. 3050. SPUNKY BOTTOMS, ILLINOIS. project for flood control, Levisa and Tug Fork Appropriations Act of March 3, 1899 (30 Stat. of the Big Sandy and Cumberland Rivers, West (a) PROJECT PURPOSE.—The project for flood Virginia, Virginia, and Kentucky, authorized by 1129), extending from 100 feet downstream of the control, Spunky Bottoms, Illinois, authorized by section 202(a) of the Energy and Water Develop- Halsted Street Bridge to 100 feet upstream of the section 5 of the Flood Control Act of June 22, ment Appropriations Act, 1981 (94 Stat. 1339), is Division Street Bridge is modified to be no wider 1936 (49 Stat. 1583), is modified to add environ- modified to direct the Secretary to take measures than 66 feet. mental restoration as a project purpose. to provide a 100-year level of flood protection for SEC. 3047. CHICAGO SANITARY AND SHIP CANAL (b) MAXIMUM AMOUNT.—The maximum the city of Prestonsburg. DISPERSAL BARRIERS PROJECT, IL- amount of Federal funds that may be expended LINOIS. for the project for improvement of the quality of SEC. 3056. AMITE RIVER AND TRIBUTARIES, LOU- (a) TREATMENT AS SINGLE PROJECT.—The Chi- the environment, Spunky Bottoms, Illinois, ISIANA, EAST BATON ROUGE PARISH WATERSHED. cago Sanitary and Ship Canal Dispersal Barrier being carried out under section 1135 of the The project for flood damage reduction and Project (in this section referred to as ‘‘Barrier Water Resources Development Act of 1986 (33 recreation, Amite River and Tributaries, Lou- I’’) (as in existence on the date of enactment of U.S.C. 2309a), shall be $7,500,000. this Act), constructed as a demonstration project isiana, East Baton Rouge Parish Watershed, (c) LIMITATION.—Nothing in this section shall authorized by section 101(a)(21) of the Water under section 1202(i)(3) of the Nonindigenous affect the eligibility of the project for emergency Resources Development Act of 1999 (113 Stat. Aquatic Nuisance Prevention and Control Act of repair assistance under section 5(a) of the Act 277) and modified by section 116 of division D of 1990 (16 U.S.C. 4722(i)(3)), and the project relat- entitled ‘‘An Act authorizing the construction of Public Law 108–7 (117 Stat. 140), is further modi- ing to the Chicago Sanitary and Ship Canal certain public works on rivers and harbors for fied— Dispersal Barrier, authorized by section 345 of flood control, and for other purposes’’, approved (1) to direct the Secretary to carry out the the District of Columbia Appropriations Act, August 18, 1941 (33 U.S.C. 701n). 2005 (Public Law 108–335; 118 Stat. 1352) (in this project with the cost sharing for the project de- section referred to as ‘‘Barrier II’’), shall be SEC. 3051. FORT WAYNE AND VICINITY, INDIANA. termined in accordance with section 103(a) of considered to constitute a single project. The project for flood control Fort Wayne, St. the Water Resources Development Act of 1986 (b) AUTHORIZATION.— Mary’s and Maumee Rivers, Indiana, author- (33 U.S.C. 2213(a)), as in effect on October 11, (1) IN GENERAL.—The Secretary, at Federal ex- ized by section 101(a)(11) of the Water Resources 1996; pense, shall— Development Act of 1990 (104 Stat. 4604), is (2) to authorize the Secretary to construct the (A) upgrade and make permanent Barrier I; modified— project at a total cost of $187,000,000; and (B) construct Barrier II, notwithstanding the (1) to direct the Secretary to provide a 100- (3) to direct the Secretary to credit toward the project cooperation agreement with the State of year level of flood protection at the Berry- non-Federal share of the cost of the project the Illinois dated June 14, 2005; Thieme, Park-Thompson, Woodhurst, and Till- cost of work carried out by the non-Federal in- (C) operate and maintain Barrier I and Bar- man sites along the St. Mary’s River, Fort terest before the date of the partnership agree- rier II as a system to optimize effectiveness; Wayne and vicinity, Indiana, at a total cost of ment for the project if the Secretary determines (D) conduct, in consultation with appropriate $5,300,000; and that the work is integral to the project. Federal, State, local, and nongovernmental enti- (2) to allow the non-Federal interest to par- SEC. 3057. ATCHAFALAYA BASIN, LOUISIANA. ties, a study of a range of options and tech- ticipate in the financing of the project in ac- (a) IN GENERAL.—Section 315(a)(1) of the nologies for reducing impacts of hazards that cordance with section 903(c) of the Water Re- Water Resources Development Act of 2000 (114 may reduce the efficacy of the Barriers; and sources Development Act of 1986 (100 Stat. 4184) Stat. 2603–2604) is amended to read as follows: (E) provide to each State a credit in an to the extent that the Secretary’s evaluation in- ‘‘(1) is authorized to study, design, construct, amount equal to the amount of funds contrib- dicates that applying such section is necessary operate, and maintain, at Federal expense, a uted by the State toward Barrier II. to implement the project. Type A Regional Visitor Center in the vicinity (2) USE OF CREDIT.—A State may apply a SEC. 3052. KOONTZ LAKE, INDIANA. of Morgan City, Louisiana, in consultation with credit provided to the State under paragraph The project for aquatic ecosystem restoration, the State of Louisiana, to provide information (1)(E) to any cost sharing responsibility for an Koontz Lake, Indiana, being carried out under to the public on the Atchafalaya River system existing or future Federal project carried out by section 206 of the Water Resources Development and other associated waterways that have influ- the Secretary in the State. Act of 1996 (33 U.S.C. 2330) and modified by sec- enced surrounding communities, and national

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WEST BANK OF THE MISSISSIPPI RIVER cy, financial and technical assistance, including amended by adding at the end the following: (EAST OF HARVEY CANAL), LOU- grants, to the State of Michigan (including po- ‘‘(c) DONATIONS.—In carrying out subsection ISIANA. litical subdivisions of the State) and interested (a)(1), the Mississippi River Commission is au- Section 328 of the Water Resources Develop- nonprofit entities for the planning, design, and thorized to accept the donation of cash, funds, ment Act of 1999 (113 Stat. 304–305) is amended— implementation of projects to restore, conserve, lands, materials, and services from non-Federal (1) in subsection (a)— manage, and sustain the St. Clair River, Lake governmental entities and nonprofit corpora- (A) by striking ‘‘operation and maintenance’’ St. Clair, and associated watersheds. tions.’’. and inserting ‘‘operation, maintenance, reha- ‘‘(2) SPECIFIC MEASURES.—Financial and tech- SEC. 3058. ATCHAFALAYA BASIN FLOODWAY SYS- bilitation, repair, and replacement’’; and nical assistance provided under subparagraphs TEM, LOUISIANA. (B) by striking ‘‘Algiers Channel’’ and insert- (B) and (C) of paragraph (1) may be used in The public access feature of the Atchafalaya ing ‘‘Algiers Canal Levees’’; and support of non-Federal activities consistent with Basin Floodway System project, Louisiana, au- (2) by adding at the end the following: the management plan. thorized by section 601(a) of the Water Re- ‘‘(c) COST SHARING.—The non-Federal share ‘‘(d) SUPPLEMENTS TO MANAGEMENT PLAN AND sources Development Act 1986 (100 Stat. 4142), is of the cost of the project shall be 35 percent.’’. STRATEGIC IMPLEMENTATION PLAN.—In con- modified to authorize the Secretary to acquire SEC. 3065. CAMP ELLIS, SACO, MAINE. sultation with the partnership and after pro- from willing sellers the fee interest, exclusive of The maximum amount of Federal funds that viding an opportunity for public review and oil, gas, and minerals, of an additional 20,000 may be expended for the project being carried comment, the Secretary shall develop informa- acres of land within the Lower Atchafalaya out under section 111 of the River and Harbor tion to supplement— Basin Floodway for the public access feature of Act of 1968 (33 U.S.C. 426i) for the mitigation of ‘‘(1) the management plan; and the Atchafalaya Basin Floodway System, to en- shore damages attributable to the project for ‘‘(2) the strategic implementation plan devel- hance fish and wildlife resources, at a total cost navigation, Camp Ellis, Saco, Maine, shall be oped under subsection (c)(1)(A). of $4,000,000. $26,900,000. ‘‘(e) COST SHARING.— SEC. 3059. BAYOU PLAQUEMINE, LOUISIANA. ‘‘(1) IN-KIND SERVICES.—The non-Federal The project for the improvement of the quality SEC. 3066. DETROIT RIVER SHORELINE, DETROIT, MICHIGAN. share of the cost of technical assistance under of the environment, Bayou Plaquemine, Lou- subsection (c), the cost of planning, design, and (a) IN GENERAL.—The project for emergency isiana, being carried out under section 1135 of construction of a project under subsection (c), the Water Resources Development Act of 1986 streambank and shoreline protection, Detroit River Shoreline, Detroit, Michigan, being car- and the cost of development of supplementary (33 U.S.C. 2309a), is modified to direct the Sec- information under subsection (d) may be pro- retary to credit toward the non-Federal share of ried out under section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r), is modified to in- vided through the provision of in-kind services. the cost of the project the cost of work carried ‘‘(2) CREDIT FOR LAND, EASEMENTS, AND clude measures to enhance public access. out by the non-Federal interest before the date RIGHTS-OF-WAY.—The Secretary shall credit the (b) MAXIMUM FEDERAL EXPENDITURE.—The of the partnership agreement for the project if non-Federal sponsor for the value of any land, the Secretary determines that the work is inte- maximum amount of Federal funds that may be expended for the project shall be $3,000,000. easements, rights-of-way, dredged material dis- gral to the project. posal areas, or relocations required in carrying SEC. 3060. J. BENNETT JOHNSTON WATERWAY, SEC. 3067. ST. CLAIR RIVER AND LAKE ST. CLAIR, out a project under subsection (c). MICHIGAN. MISSISSIPPI RIVER TO SHREVEPORT, ‘‘(3) NONPROFIT ENTITIES.—Notwithstanding Section 426 of the Water Resources Develop- LOUISIANA. section 221 of the Flood Control Act of 1970 (42 ment Act of 1999 (113 Stat. 326) is amended to The project for mitigation of fish and wildlife U.S.C. 1962d–5b), a non-Federal interest for any read as follows: losses, J. Bennett Johnston Waterway, Mis- project carried out under this section may in- sissippi River to Shreveport, Louisiana, author- ‘‘SEC. 426. ST. CLAIR RIVER AND LAKE ST. CLAIR, clude a nonprofit entity. MICHIGAN. ized by section 601(a) of the Water Resources ‘‘(4) OPERATION AND MAINTENANCE.—The op- Development Act of 1986 (100 Stat. 4142) and ‘‘(a) DEFINITIONS.—In this section, the fol- eration, maintenance, repair, rehabilitation, modified by section 4(h) of the Water Resources lowing definitions apply: and replacement of projects carried out under Development Act of 1988 (102 Stat. 4016), section ‘‘(1) MANAGEMENT PLAN.—The term ‘manage- this section shall be non-Federal responsibilities. 102(p) of the Water Resources Development Act ment plan’ means the management plan for the ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— of 1990 (104 Stat. 4613), section 301(b)(7) of the St. Clair River and Lake St. Clair, Michigan, There is authorized to be appropriated to carry Water Resources Development Act of 1996 (110 that is in effect as of the date of enactment of out this section $10,000,000 for each fiscal Stat. 3710), and section 316 of the Water Re- the Water Resources Development Act of 2006. year.’’. sources Development Act of 2000 (114 Stat. 2572), ‘‘(2) PARTNERSHIP.—The term ‘partnership’ SEC. 3068. ST. JOSEPH HARBOR, MICHIGAN. is further modified— means the partnership established by the Sec- The Secretary shall expedite development of (1) to authorize the purchase and reforesting retary under subsection (b)(1). the dredged material management plan for the of lands that have been cleared or converted to ‘‘(b) PARTNERSHIP.— project for navigation, St. Joseph Harbor, agricultural uses; and ‘‘(1) IN GENERAL.—The Secretary shall estab- Michigan, authorized by section 101 of the River (2) to incorporate current wildlife and forestry lish and lead a partnership of appropriate Fed- and Harbor Act of 1958 (72 Stat. 299). management practices for the purpose of im- eral agencies (including the Environmental Pro- proving species diversity on mitigation lands tection Agency) and the State of Michigan (in- SEC. 3069. SAULT SAINTE MARIE, MICHIGAN. that meet Federal and State of Louisiana habi- cluding political subdivisions of the State)— (a) IN GENERAL.—The text of section 1149 of tat goals and objectives. ‘‘(A) to promote cooperation among the Fed- the Water Resources Development Act of 1986 SEC. 3061. MELVILLE, LOUISIANA. eral, State, and local governments and other in- (100 Stat. 4254) is amended to read as follows: Section 315(a)(2) of the Water Resources De- volved parties in the management of the St. ‘‘The Secretary shall construct at Federal ex- velopment Act of 2000 (114 Stat. 2603) is amended Clair River and Lake St. Clair watersheds; and pense a second lock, of a width not less than 110 by inserting before the period at the end the fol- ‘‘(B) develop and implement projects con- feet and a length not less than 1,200 feet, adja- lowing: ‘‘and may include the town of Melville, sistent with the management plan. cent to the existing lock at Sault Sainte Marie, Louisiana, as one of the alternative sites’’. ‘‘(2) COORDINATION WITH ACTIONS UNDER Michigan, generally in accordance with the re- SEC. 3062. MISSISSIPPI DELTA REGION, LOU- OTHER LAW.— port of the Board of Engineers for Rivers and ISIANA. ‘‘(A) IN GENERAL.—Actions taken under this Harbors, dated May 19, 1986, and the limited re- The Mississippi Delta Region project, Lou- section by the partnership shall be coordinated evaluation report dated February 2004 at a total isiana, authorized as part of the project for hur- with actions to restore and conserve the St. cost of $341,714,000.’’. ricane-flood protection on Lake Pontchartrain, Clair River and Lake St. Clair and watersheds (b) CONFORMING REPEALS.—The following Louisiana, by section 204 of the Flood Control taken under other provisions of Federal and provisions are repealed: Act of 1965 (79 Stat. 1077) and modified by sec- State law. (1) Section 107(a)(8) of the Water Resources tion 365 of the Water Resources Development ‘‘(B) NO EFFECT ON OTHER LAW.—Nothing in Development Act of 1990 (104 Stat. 4620). Act of 1996 (110 Stat. 3739), is further modified this section alters, modifies, or affects any other (2) Section 330 of the Water Resources Devel- to direct the Secretary to credit toward the non- provision of Federal or State law. opment Act of 1996 (110 Stat. 3717–3718). Federal share of the cost of the project the costs ‘‘(c) IMPLEMENTATION OF ST. CLAIR RIVER AND (3) Section 330 of the Water Resources Devel- of relocating oyster beds in the Davis Pond LAKE ST. CLAIR MANAGEMENT PLAN.— opment Act of 1999 (113 Stat. 305). project area if the Secretary determines that the ‘‘(1) IN GENERAL.—The Secretary shall— SEC. 3070. ADA, MINNESOTA. work is integral to the Mississippi Delta Region ‘‘(A) develop a St. Clair River and Lake St. (a) IN GENERAL.—The project for flood dam- project. Clair strategic implementation plan in accord- age reduction, Wild Rice River, Ada, Minnesota, SEC. 3063. NEW ORLEANS TO VENICE, LOUISIANA. ance with the management plan; being carried out under section 205 of the Flood The New Orleans to Venice, Louisiana, ‘‘(B) provide technical, planning, and engi- Control Act of 1948 (33 U.S.C. 701s), is modified project for hurricane protection, authorized by neering assistance to non-Federal interests for to authorize the Secretary to consider national

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ecosystem restoration benefits in determining (d) MAXIMUM FUNDING.—The maximum (d) EVALUATION OF PROJECT COST.—For the the Federal interest in the project. amount of Federal funds that may be expended purposes of determining compliance with the (b) EVALUATION OF BENEFITS AND COSTS.—In for the flood damage reduction shall be first section of the Flood Control Act of June 22, evaluating the economic benefits and costs for $8,000,000. 1936 (33 U.S.C. 701a), the Secretary shall con- the project, the Secretary shall not consider the SEC. 3075. KNIFE RIVER HARBOR, MINNESOTA. sider only the costs of the national economic de- emergency levee adjacent to Judicial Ditch No. The project for navigation, Harbor at Knife velopment plan and shall exclude incremental 51 in the determination of conditions existing River, Minnesota, authorized by section 2 of the costs associated with the locally preferred plan prior to construction of the project. Rivers and Harbors Act of March 2, 1945 (59 that are in excess of such costs if the non-Fed- (c) SPECIAL RULE.—In evaluating and imple- Stat. 19), is modified to direct the Secretary to eral interest agrees to pay 100 percent of such menting the project, the Secretary shall allow develop a final design and prepare plans and incremental costs. the non-Federal interest to participate in the fi- specifications to correct the harbor entrance and (e) NON-FEDERAL COST SHARE.—If the locally nancing of the project in accordance with sec- mooring conditions at the project. preferred plan is authorized for construction, tion 903(c) of the Water Resources Development SEC. 3076. RED LAKE RIVER, MINNESOTA. the non-Federal share of the cost of the project Act of 1986 (100 Stat. 4184) to the extent that the The project for flood control, Red Lake River, shall be the same percentage as the non-Federal Secretary’s evaluation indicates that applying Crookston, Minnesota, authorized by section share of the cost of the national economic devel- such section is necessary to implement the 101(a)(23) of the Water Resources Development opment plan plus all additional costs of con- project. Act of 1999 (113 Stat. 278), is modified to include struction associated with the locally preferred SEC. 3071. DULUTH HARBOR, MCQUADE ROAD, flood protection for the adjacent and inter- plan. MINNESOTA. connected areas generally known as the Samp- SEC. 3082. FESTUS AND CRYSTAL CITY, MISSOURI. (a) IN GENERAL.—The project for navigation, son and Chase/Loring neighborhoods, in accord- Section 102(b)(1) of the Water Resources De- Duluth Harbor, McQuade Road, Minnesota, ance with the feasibility report supplement for velopment Act of 1999 (113 Stat. 282) is amended being carried out under section 107 of the River local flood protection, Crookston, Minnesota, at by striking ‘‘$10,000,000’’ and inserting and Harbor Act of 1960 (33 U.S.C. 577) and a total cost of $25,000,000, with an estimated ‘‘$12,000,000’’. modified by section 321 of the Water Resources Federal cost of $16,250,000 and an estimated SEC. 3083. L–15 LEVEE, MISSOURI. Development Act of 2000 (114 Stat. 2605), is fur- non-Federal cost of $8,750,000. The portion of the L–15 levee system that is ther modified to authorize the Secretary to pro- SEC. 3077. SILVER BAY, MINNESOTA. under the jurisdiction of the Consolidated North vide public access and recreational facilities as The project for navigation, Silver Bay, Min- County Levee District and situated along the generally described in the Detailed Project Re- nesota, authorized by section 2 of the Rivers right descending bank of the Mississippi River port and Environmental Assessment, McQuade and Harbors Act of March 2, 1945 (59 Stat. 19), from the confluence of that river with the Mis- Road Harbor of Refuge, Duluth, Minnesota, is modified to include operation and mainte- souri River and running upstream approxi- dated August 1999. nance of the general navigation facilities as a mately 14 miles shall be considered to be a Fed- (b) CREDIT.—The Secretary shall provide cred- Federal responsibility. it toward the non-Federal share of the cost of eral levee for purposes of cost sharing under sec- SEC. 3078. TACONITE HARBOR, MINNESOTA. the project for the costs of design work carried tion 5 of the Act of August 18, 1941 (33 U.S.C. The project for navigation, Taconite Harbor, 701n). out before the date of the partnership agreement Minnesota, carried out under section 107 of the for the project if the Secretary determines that SEC. 3084. MONARCH-CHESTERFIELD, MISSOURI. River and Harbor Act of 1960 (33 U.S.C. 577), is The project for flood damage reduction, Mon- the work is integral to the project. modified to include operation and maintenance (c) MAXIMUM FEDERAL EXPENDITURE.—The arch-Chesterfield, Missouri, authorized by sec- of the general navigation facilities as a Federal maximum amount of Federal funds that may be tion 101(b)(18) of the Water Resources Develop- responsibility. expended for the project shall be $9,000,000. ment Act of 2000 (114 Stat. 2578), is modified to SEC. 3079. TWO HARBORS, MINNESOTA. SEC. 3072. GRAND MARAIS, MINNESOTA. direct the Secretary to credit toward the non- (a) IN GENERAL.—The project for navigation, The project for navigation, Grand Marais, Federal share of the cost of the project the cost Two Harbors, Minnesota, being carried out of the planning, design, and construction work Minnesota, carried out under section 107 of the under section 107 of the River and Harbor Act of River and Harbor Act of 1960 (33 U.S.C. 577) is carried out by the non-Federal interest before 1960 (33 U.S.C. 577), is modified to include con- the date of the partnership agreement for the modified to direct the Secretary to provide credit struction of a dredged material disposal facility, toward the non-Federal share of the cost of the project if the Secretary determines that the work including actions required to clear the site. is integral to the project. project the cost of design work carried out be- (b) LANDS, EASEMENTS, AND RIGHTS-OF- SEC. 3085. RIVER DES PERES, MISSOURI. fore the date of the partnership agreement for WAY.—Non-Federal interests shall be respon- the project if the Secretary determines that the sible for providing all lands, easements, rights- The projects for flood control, River Des work is integral to the project. of-way, and relocations necessary for the con- Peres, Missouri, authorized by section 101(a)(17) SEC. 3073. GRAND PORTAGE HARBOR, MIN- struction of the dredged material disposal facil- of the Water Resources Development Act of 1990 NESOTA. ity. (104 Stat. 4607) and section 102(13) of the Water The Secretary shall provide credit toward the (c) MAXIMUM FEDERAL EXPENDITURE.—The Resources Development Act of 1996 (110 Stat. non-Federal share of the cost of the navigation maximum amount of Federal funds that may be 3668), are each modified to direct the Secretary project for Grand Portage Harbor, Minnesota, expended for the project shall be $5,000,000. to credit toward the non-Federal share of the cost of the project the cost of work carried out carried out under section 107 of the River and SEC. 3080. DEER ISLAND, HARRISON COUNTY, Harbor Act of 1960 (33 U.S.C. 577), for the costs MISSISSIPPI. by the non-Federal interest before the date of of design work carried out before the date of the The project for ecosystem restoration, Deer Is- the partnership agreement for the project if the partnership agreement for the project if the Sec- land, Harrison County, Mississippi, being car- Secretary determines that the work is integral to retary determines that the work is integral to ried out under section 204 of the Water Re- the project. the project. sources Development Act of 1992 (33 U.S.C. SEC. 3086. ANTELOPE CREEK, LINCOLN, NE- SEC. 3074. GRANITE FALLS, MINNESOTA. 2326), is modified to authorize the non-Federal BRASKA. (a) IN GENERAL.—The Secretary is directed to interest to provide any portion of the non-Fed- The project for flood damage reduction, Ante- implement under section 205 of the Flood Con- eral share of the cost of the project in the form lope Creek, Lincoln, Nebraska, authorized by trol Act of 1948 (33 U.S.C. 701s) the locally pre- of in-kind services and materials. section 101(b)(19) of the Water Resources Devel- ferred plan for flood damage reduction, Granite SEC. 3081. PEARL RIVER BASIN, MISSISSIPPI. opment Act of 2000 (114 Stat. 2578), is modified— Falls, Minnesota, substantially in accordance (a) IN GENERAL.—The Secretary shall com- (1) to direct the Secretary to credit toward the with the detailed project report dated 2002, at a plete a feasibility study for the project for flood non-Federal share of the cost of the project the total cost of $12,000,000, with an estimated Fed- damage reduction, Pearl River Watershed, Mis- cost of design and construction work carried out eral cost of $8,000,000 and an estimated non- sissippi. by the non-Federal interest before the date of Federal cost of $4,000,000. (b) COMPARISON OF ALTERNATIVES.—The fea- the partnership agreement for the project if the (b) PROJECT FINANCING.—In evaluating and sibility study shall identify both the plan that Secretary determines that the work is integral to implementing the project under this section, the maximizes national economic development bene- the project; and Secretary shall allow the non-Federal interests fits and the locally preferred plan and shall (2) to allow the non-Federal interest for the to participate in the financing of the project in compare the level of flood damage reduction project to use, and to direct the Secretary to ac- accordance with section 903(c) of the Water Re- provided by each plan to that portion of Jack- cept, funds provided under any other Federal sources Development Act of 1986 (100 Stat. 4184), son, Mississippi, located below the Ross Barnett program, to satisfy, in whole or in part, the to the extent that the detailed project report Reservoir Dam. non-Federal share of the project if such funds evaluation indicates that applying such section (c) RECOMMENDED PLAN.—If the Secretary de- are authorized to be used to carry out the is necessary to implement the project. termines that the locally preferred plan provides project. (c) CREDIT.—The Secretary shall credit toward a level of flood damage reduction that is equal SEC. 3087. SAND CREEK WATERSHED, WAHOO, NE- the non-Federal share of the project the cost of to or greater than the level of flood damage re- BRASKA. design and construction work carried out by the duction provided by the national economic de- The project for ecosystem restoration and non-Federal interest before the date of execution velopment plan and the locally preferred plan is flood damage reduction, Sand Creek watershed, of a partnership agreement for the project if the technically feasible and environmentally protec- Wahoo, Nebraska, authorized by section Secretary determines that the work is integral to tive, the Secretary shall recommend construction 101(b)(20) of the Water Resources Development the project. of the locally preferred plan. Act of 2000 (114 Stat. 2578), is modified—

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(1) to direct the Secretary to provide credit to- ‘‘(c) NEW YORK STATE CANAL SYSTEM DE- authorized by section 349(a)(2) of the Water Re- ward the non-Federal share of the cost of the FINED.—In this section, the term ‘New York sources Development Act of 2000 (114 Stat. 2632), project or reimbursement for the costs of any State Canal System’ means the 524 miles of navi- is modified to direct the Secretary to credit to- work that has been or will be performed by the gable canal that comprise the New York State ward the non-Federal share of the cost of the non-Federal interest before, on, or after the ap- Canal System, including the Erie, Cayuga-Sen- project the cost of planning and design work proval of the project partnership agreement, in- eca, Oswego, and Champlain Canals and the carried out by the non-Federal interest for the cluding work performed by the non-Federal in- historic alignments of these canals, including project if the Secretary determines that such terest in connection with the design and con- the cities of Albany, Rochester, and Buffalo.’’. work is integral to the project. struction of 7 upstream detention storage struc- SEC. 3094. LOWER GIRARD LAKE DAM, OHIO. (b) COST SHARING.—Cost sharing for construc- tures, if the Secretary determines that the work Section 507(1) of the Water Resources Develop- tion and operation and maintenance of the is integral to the project; ment Act of 1996 (110 Stat. 3758) is amended by project shall be determined in accordance with (2) to require that in-kind work to be credited striking ‘‘$2,500,000’’ and inserting ‘‘$6,000,000’’. section 101 of the Water Resources Development Act of 1986 (33 U.S.C. 2211). under paragraph (1) be subject to audit; and SEC. 3095. MAHONING RIVER, OHIO. (3) to direct the Secretary to accept advance SEC. 3103. FREEPORT HARBOR, TEXAS. In carrying out the project for environmental funds from the non-Federal interest as needed The project for navigation, Freeport Harbor, dredging, authorized by section 312(f)(4) of the to maintain the project schedule. Texas, authorized by section 101 of the Rivers Water Resources Development Act of 1990 (33 and Harbors Act of 1970 (84 Stat. 1818), is modi- SEC. 3088. LOWER CAPE MAY MEADOWS, CAPE U.S.C. 1272(f)(4)), the Secretary is directed to MAY POINT, NEW JERSEY. fied.— credit toward the non-Federal share of the cost The project for navigation mitigation, eco- (1) to direct the Secretary to credit toward the of the project the cost of work carried out by the system restoration, shore protection, and hurri- non-Federal share of the cost of the project the non-Federal interest before the date of the part- cane and storm damage reduction, Lower Cape cost of the planning, design, and construction nership agreement for the project if the Sec- May Meadows, Cape May Point, New Jersey, work carried out by the non-Federal interest be- retary determines that the work is integral to authorized by section 101(a)(25) of the Water fore the date of the partnership agreement for the project. Resources Development Act of 1999 (113 Stat. the project if the Secretary determines that the 278), is modified to incorporate the project for SEC. 3096. DELAWARE RIVER, PENNSYLVANIA, work is integral to the project; and NEW JERSEY, AND DELAWARE. shoreline erosion control, Cape May Point, New (2) to direct the Secretary to remove the sunk- The Secretary may remove debris from the Jersey, carried out under section 5 of the Act en- en vessel ‘‘COMSTOCK’’ at Federal expense. project for navigation, Delaware River, Penn- titled ‘‘An Act authorizing Federal participation SEC. 3104. LAKE KEMP, TEXAS. sylvania, New Jersey, and Delaware, Philadel- in the cost of protecting the shores of publicly (a) IN GENERAL.—The Secretary may not take phia to the Sea. owned property’’, approved August 13, 1946 (33 any legal or administrative action seeking to re- U.S.C. 426h), if the Secretary determines that SEC. 3097. RAYSTOWN LAKE, PENNSYLVANIA. move a Lake Kemp improvement before the ear- such incorporation is feasible. The Secretary may take such action as may be lier of January 1, 2020, or the date of any trans- SEC. 3089. PASSAIC RIVER BASIN FLOOD MANAGE- necessary, including construction of a break- fer of ownership of the improvement occurring MENT, NEW JERSEY. water, to prevent shoreline erosion between .07 after the date of enactment of this Act. The project for flood control, Passaic River, and 2.7 miles south of Pennsylvania State Route (b) LIMITATION ON LIABILITY.—The United New Jersey and New York, authorized by sec- 994 on the east shore of Raystown Lake, Penn- States, or any of its officers, agents, or assign- tion 101(a)(18) of the Water Resources Develop- sylvania. ees, shall not be liable for any injury, loss, or ment Act of 1990 (104 Stat. 4607) and modified by SEC. 3098. SHERADEN PARK STREAM AND damage accruing to the owners of a Lake Kemp section 327 of the Water Resources Development CHARTIERS CREEK, ALLEGHENY improvement, their lessees, or occupants as a re- Act of 2000 (114 Stat. 2607), is further modified COUNTY, PENNSYLVANIA. sult of any flooding or inundation of such im- to direct the Secretary to include the benefits The project for aquatic ecosystem restoration, provements by the waters of the Lake Kemp res- and costs of preserving natural flood storage in Sheraden Park Stream and Chartiers Creek, Al- ervoir, or for such injury, loss, or damage as any future economic analysis of the project. legheny County, Pennsylvania, being carried may occur through the operation and mainte- out under section 206 of the Water Resources nance of the Lake Kemp dam and reservoir in SEC. 3090. BUFFALO HARBOR, NEW YORK. Development Act of 1996 (33 U.S.C. 2330), is any manner. The project for navigation, Buffalo Harbor, modified to direct the Secretary to credit up to (c) LAKE KEMP IMPROVEMENT DEFINED.—In New York, authorized by section 101 of the $400,000 toward the non-Federal share of the this section, the term ‘‘Lake Kemp improve- River and Harbor Act of 1962 (76 Stat. 1176), is cost of the project for planning and design work ment’’ means an improvement (including dwell- modified to include measures to enhance public carried out by the non-Federal interest before ings) located within the flowage easement of access, at Federal cost of $500,000. the date of the partnership agreement for the Lake Kemp, Texas, below elevation 1159 feet SEC. 3091. ORCHARD BEACH, BRONX, NEW YORK. project if the Secretary determines that the work mean sea level. Section 554 of the Water Resources Develop- is integral to the project. SEC. 3105. LOWER RIO GRANDE BASIN, TEXAS. ment Act of 1996 (110 Stat. 3781) is amended by SEC. 3099. SOLOMON’S CREEK, WILKES-BARRE, The project for flood control, Lower Rio striking ‘‘maximum Federal cost of $5,200,000’’ PENNSYLVANIA. Grande Basin, Texas, authorized by section and inserting ‘‘total cost of $20,000,000’’. The project for flood control, Wyoming Valley, 401(a) of the Water Resources Development Act SEC. 3092. PORT OF NEW YORK AND NEW JERSEY, Pennsylvania, authorized by section 401(a) of of 1986 (100 Stat. 4125), is modified— NEW YORK AND NEW JERSEY. the Water Resources Development Act of 1986 (1) to include as part of the project flood pro- The navigation project, Port of New York and (100 Stat. 4124), is modified to include as a tection works to reroute drainage to New Jersey, New York and New Jersey, author- project element the project for flood control for Raymondville Drain constructed by the non- ized by section 101(a)(2) of the Water Resources Solomon’s Creek, Wilkes-Barre, Pennsylvania. Federal interests in Hidalgo County in the vi- Development Act of 2000 (114 Stat. 2576), is SEC. 3100. SOUTH CENTRAL PENNSYLVANIA. cinity of Edinburg, Texas, if the Secretary deter- modified— mines that such work meets feasibility require- (1) to authorize the Secretary to allow the Section 313 of the Water Resources Develop- ment Act of 1992 (106 Stat. 4845; 109 Stat. 407; ments; non-Federal interest to construct a temporary (2) to direct the Secretary to credit toward the 110 Stat. 3723; 113 Stat. 310; 117 Stat. 142) is dredged material storage facility to receive non-Federal share of the cost of the project the amended— dredged material from the project if— cost of planning, design, and construction work (1) in subsection (g)(1) by striking (A) the non-Federal interest submits, in writ- carried out by the non-Federal interest before ‘‘$180,000,000’’ and inserting ‘‘$200,000,000’’; and ing, a list of potential sites for the temporary the date of the partnership agreement for the (2) in subsection (h)(2) by striking ‘‘Alle- storage facility to the Committee on Transpor- project if the Secretary determines that the work gheny, Armstrong, Beford, Blair, Cambria, tation and Infrastructure of the House of Rep- is integral to the project; and resentatives, the Committee on Environment and Clearfield, Fayette, Franklin, Fulton, Greene, (3) to direct the Secretary in calculating the Public Works of the Senate, and the Secretary Huntingdon, Indiana, Juniata, Mifflin, Som- non-Federal share of the cost of the project, to at least 180 days before the selection of the final erset, Snyder, Washington, and Westmoreland make a determination, within 180 days after the site; and Counties’’ and inserting ‘‘Allegheny, Armstrong, date of enactment of this Act, under section (B) at least 70 percent of the dredged material Bedford, Blair, Cambria, Fayette, Franklin, 103(m) of the Water Resources Development Act generated in connection with the project suit- Fulton, Greene, Huntingdon, Indiana, Juniata, of 1986 (33 U.S.C. 2213(m)) on the non-Federal able for beneficial reuse will be used at sites in Somerset, Washington, and Westmoreland interest’s ability to pay. Counties’’. the State of New Jersey to the extent that there SEC. 3106. NORTH PADRE ISLAND, CORPUS are sufficient sites available; and SEC. 3101. WYOMING VALLEY, PENNSYLVANIA. CHRISTI BAY, TEXAS. (2) to direct the Secretary to credit toward the In carrying out the project for flood control, The project for ecosystem restoration and non-Federal share of the cost of the project the Wyoming Valley, Pennsylvania, authorized by storm damage reduction, North Padre Island, cost of construction of the temporary storage fa- section 401(a) of the Water Resources Develop- Corpus Christi Bay, Texas, authorized by sec- cility if the Secretary determines that the work ment Act of 1986 (100 Stat. 4124), the Secretary tion 556 of the Water Resources Development is integral to the project. shall coordinate with non-Federal interests to Act of 1999 (113 Stat. 353), is modified to include SEC. 3093. NEW YORK STATE CANAL SYSTEM. review opportunities for increased public access. recreation as a project purpose. Section 553(c) of the Water Resources Develop- SEC. 3102. CEDAR BAYOU, TEXAS. SEC. 3107. PAT MAYSE LAKE, TEXAS. ment Act of 1996 (110 Stat. 3781) is amended to (a) CREDIT FOR PLANNING AND DESIGN.—The The Secretary is directed to accept from the read as follows: project for navigation, Cedar Bayou, Texas, re- city of Paris, Texas, $3,461,432 as payment in

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 7634 Sfmt 6333 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3629 full of monies owed to the United States for SEC. 3114. GREENBRIER RIVER BASIN, WEST VIR- (3) The project for navigation, Fall River Har- water supply storage space in Pat Mayse Lake, GINIA. bor, Massachusetts, authorized by section 101 of Texas, under contract number DA–34–066– Section 579(c) of the Water Resources Develop- the River and Harbor Act of 1968 (82 Stat. 731); CIVENG–65–1272, including accrued interest. ment Act of 1996 (110 Stat. 3790; 113 Stat. 312) is except that the authorized depth of that portion amended by striking ‘‘$47,000,000’’ and inserting SEC. 3108. PROCTOR LAKE, TEXAS. of the project extending riverward of the ‘‘$99,000,000’’. Charles M. Braga, Jr. Memorial Bridge, Fall The Secretary is authorized to purchase fee SEC. 3115. LESAGE/GREENBOTTOM SWAMP, WEST River and Somerset, Massachusetts, shall not simple title to all properties located within the VIRGINIA. exceed 35 feet. boundaries, and necessary for the operation, of Section 30(d) of the Water Resources Develop- (b) LIMITATION.—A project described in sub- the Proctor Lake project, Texas, authorized by ment Act of 1988 (102 Stat. 4030; 114 Stat. 2678) section (a) shall not be authorized for construc- section 203 of the Flood Control Act of 1954 (68 is amended to read as follows: tion after the last day of the 5-year period be- Stat. 1259). ‘‘(d) HISTORIC STRUCTURE.—The Secretary ginning on the date of enactment of this Act, SEC. 3109. SAN ANTONIO CHANNEL, SAN ANTO- shall ensure the preservation and restoration of unless, during such period, funds have been ob- NIO, TEXAS. the structure known as the ‘Jenkins House’, and ligated for the construction (including planning The project for flood control, San Antonio the reconstruction of associated buildings and and design) of the project. landscape features of such structure located Channel, Texas, authorized by section 203 of the SEC. 3120. PROJECT REAUTHORIZATIONS. within the Lesage/Greenbottom Swamp in ac- Flood Control Act of 1954 (68 Stat. 1259) as part Each of the following projects may be carried cordance with the Secretary of the Interior’s of the comprehensive plan for flood protection out by the Secretary and no construction on standards for the treatment of historic prop- on the Guadalupe and San Antonio Rivers in any such project may be initiated until the Sec- erties. Amounts made available for expenditure Texas and modified by section 103 of the Water retary determines that the project is feasible: Resources Development Act of 1976 (90 Stat. for the project authorized by section 301(a) of (1) MENOMINEE HARBOR AND RIVER, MICHIGAN 2921) and section 335 of the Water Resources De- the Water Resources Development Act of 1986 AND WISCONSIN.—The project for navigation, (100 Stat. 4110) shall be available for the pur- velopment Act of 2000 (114 Stat. 2611), is further Menominee Harbor and River, Michigan and poses of this subsection.’’. modified to authorize the Secretary to credit to- Wisconsin, authorized by section 101 of the ward the non-Federal share of the cost of the SEC. 3116. NORTHERN WEST VIRGINIA. River and Harbor Act of 1960 (74 Stat. 482) and project the cost of design and construction work Section 557 of the Water Resources Develop- deauthorized on April 15, 2002, in accordance carried out by the non-Federal interest for the ment Act of 1999 (113 Stat. 353) is amended— with section 1001(b)(2) of the Water Resources project if the Secretary determines that the work (1) in the first sentence by striking ‘‘favor- Development Act of 1986 (33 U.S.C. 579a(b)(2)). is integral to the project. able’’; (2) MANITOWOC HARBOR, WISCONSIN.—That (2) by striking ‘‘$8,400,000’’ and inserting SEC. 3110. LEE, RUSSELL, SCOTT, SMYTH, TAZE- portion of the project for navigation, Manitowoc ‘‘$12,000,000’’; and WELL, AND WISE COUNTIES, VIR- Harbor, Wisconsin, authorized by the first sec- (3) by striking ‘‘$4,200,000’’ each place it ap- GINIA. tion of the River and Harbor Act of August 30, pears and inserting ‘‘$6,000,000’’. The project for flood control, Levisa and Tug 1852 (10 Stat. 58), consisting of the channel in Forks of the Big Sandy River and Upper Cum- SEC. 3117. MANITOWOC HARBOR, WISCONSIN. the south part of the outer harbor, deauthorized berland River, authorized by section 202 of the The project for navigation, Manitowoc Har- by section 101 of the River and Harbor Act of Energy and Water Development Appropriation bor, Wisconsin, authorized by the River and 1962 (76 Stat. 1176). Act, 1981 (94 Stat. 1339) and modified by section Harbor Act of August 30, 1852 (10 Stat. 58), is (3) HEARDING ISLAND INLET, DULUTH HARBOR, 352 of the Water Resources Development Act of modified to direct the Secretary to deepen the MINNESOTA.—The project for dredging, Hearding 1996 (110 Stat. 3724–3725) and section 336 of the upstream reach of the navigation channel from Island Inlet, Duluth Harbor, Minnesota, au- Water Resources Development Act of 2000 (114 12 feet to 18 feet, at a total cost of $405,000. thorized by section 22 of the Water Resources Stat. 2611), is further modified to direct the Sec- SEC. 3118. MISSISSIPPI RIVER HEADWATERS RES- Development Act of 1988 (102 Stat. 4027). ERVOIRS. retary to determine the ability of Lee, Russell, SEC. 3121. PROJECT DEAUTHORIZATIONS. Section 21 of the Water Resources Develop- Scott, Smyth, Tazewell, and Wise Counties, Vir- (a) IN GENERAL.—The following projects are ginia, to pay the non-Federal share of the cost ment Act of 1988 (102 Stat. 4027) is amended— (1) in subsection (a)— not authorized after the date of enactment of of the project based solely on the criterion speci- this Act: fied in section 103(m)(3)(A)(i) of the Water Re- (A) by striking ‘‘1276.42’’ and inserting ‘‘1278.42’’; (1) BRIDGEPORT HARBOR, CONNECTICUT.—The sources Development Act of 1986 (33 U.S.C. portion of the project for navigation, Bridgeport 2213(m)(3)(A)(i)). (B) by striking ‘‘1218.31’’ and inserting ‘‘1221.31’’; and Harbor, Connecticut, authorized by the first sec- SEC. 3111. TANGIER ISLAND SEAWALL, VIRGINIA. (C) by striking ‘‘1234.82’’ and inserting tion of the River and Harbor Act of July 3, 1930 Section 577(a) of the Water Resources Devel- ‘‘1235.30’’; and (46 Stat. 919), consisting of an 18-foot channel opment Act of 1996 (110 Stat. 3789) is amended (2) by striking subsection (b) and inserting the in Yellow Mill River and described as follows: by striking ‘‘at a total cost of $1,200,000, with an following: Beginning at a point along the eastern limit of estimated Federal cost of $900,000 and an esti- ‘‘(b) EXCEPTION.—The Secretary may operate the existing project, N123,649.75, E481,920.54, mated non-Federal cost of $300,000.’’ and insert- the headwaters reservoirs below the minimum or thence running northwesterly about 52.64 feet to ing ‘‘at a total cost of $3,000,000, with an esti- above the maximum water levels established in a point N123,683.03, E481,879.75, thence running mated Federal cost of $2,500,000 and an esti- subsection (a) in accordance with water control northeasterly about 1,442.21 feet to a point mated non-Federal cost of $750,000.’’. regulation manuals (or revisions thereto) devel- N125,030.08, E482,394.96, thence running north- SEC. 3112. DUWAMISH/GREEN, WASHINGTON. oped by the Secretary, after consultation with easterly about 139.52 feet to a point along the eastern limit of the existing channel, The project for ecosystem restoration, the Governor of Minnesota and affected tribal N125,133.87, E482,488.19, thence running south- Duwamish/Green, Washington, authorized by governments, landowners, and commercial and westerly about 1,588.98 feet to the point of ori- section 101(b)(26) of the Water Resources Devel- recreational users. The water control regulation gin. opment Act of 2000 (114 Stat. 2579), is modified— manuals (and any revisions thereto) shall be effective when the Secretary transmits them to (2) MYSTIC RIVER, CONNECTICUT.—The portion (1) to direct the Secretary to credit toward the Congress. The Secretary shall report to Congress of the project for navigation, Mystic River, Con- non-Federal share of the cost of the project the at least 14 days before operating any such head- necticut, authorized by the first section of the cost of work carried out by the non-Federal in- waters reservoir below the minimum or above River and Harbor Appropriations Act of Sep- terest before, on, or after the date of the part- the maximum water level limits specified in sub- tember 19, 1890 (26 Stat. 436) consisting of a 12- nership agreement for the project if the Sec- section (a); except that notification is not re- foot-deep channel, approximately 7,554 square retary determines that the work is integral to quired for operations necessary to prevent the feet in area, starting at a point N193,086.51, the project; and loss of life or to ensure the safety of the dam or E815,092.78, thence running north 59 degrees 21 (2) to authorize the non-Federal interest to if the drawdown of lake levels is in anticipation minutes 46.63 seconds west about 138.05 feet to a provide any portion of the non-Federal share of of flood control operations.’’. point N193,156.86, E814,974.00, thence running the cost of the project in the form of in-kind north 51 degrees 04 minutes 39.00 seconds west services and materials. SEC. 3119. CONTINUATION OF PROJECT AUTHOR- IZATIONS. about 166.57 feet to a point N193,261.51, SEC. 3113. YAKIMA RIVER, PORT OF SUNNYSIDE, (a) IN GENERAL.—Notwithstanding section E814,844.41, thence running north 43 degrees 01 WASHINGTON. 1001(b)(2) of the Water Resources Development minutes 34.90 seconds west about 86.23 feet to a The project for aquatic ecosystem restoration, Act of 1986 (33 U.S.C. 579a(b)(2)), the following point N193,324.55, E814,785.57, thence running Yakima River, Port of Sunnyside, Washington, projects shall remain authorized to be carried north 06 degrees 42 minutes 03.86 seconds west being carried out under section 206 of the Water out by the Secretary: about 156.57 feet to a point N193,480.05, Resources Development Act of 1996 (33 U.S.C. (1) The project for navigation, Sacramento E814,767.30, thence running south 21 degrees 21 2330), is modified to direct the Secretary to cred- Deep Water Ship Channel, California, author- minutes 17.94 seconds east about 231.42 feet to a it toward the non-Federal share of the cost of ized by section 202(a) of the Water Resources point N193,264.52, E814,851.57, thence running the project the cost of work carried out by the Development Act of 1986 (100 Stat. 4092). south 53 degrees 34 minutes 23.28 seconds east non-Federal interest before the date of the part- (2) The project for flood control, Agana River, about 299.78 feet to the point of origin. nership agreement for the project if the Sec- Guam, authorized by section 401(a) of the Water (3) NEW LONDON HARBOR, CONNECTICUT.—The retary determines that the work is integral to Resources Development Act of 1986 (100 Stat. portion of the project for navigation, New Lon- the project. 4127). don Harbor, Connecticut, authorized by the

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 7634 Sfmt 6333 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3630 CONGRESSIONAL RECORD — HOUSE April 19, 2007 River and Harbor Appropriations Act of June 3734), is further modified to redesignate a por- and to the property shall revert to the United 13, 1902 (32 Stat. 333), that consists of a 23-foot tion of the 9-foot-deep channel as an anchorage States, at the option of the Secretary. waterfront channel and that is further described area, approximately 900 feet in length and 90,000 (3) MITIGATION.—Nothing in this subsection as beginning at a point along the western limit square feet in area, and lying generally north of extinguishes the responsibility of the Federal of the existing project, N188,802.75, E779,462.81, a line with points at coordinates N108,043.45, Government or the non-Federal interest for the thence running northeasterly about 1,373.88 feet E452,252.04 and N107,938.74, E452,265.74. project referred to in paragraph (1) from the ob- to a point N189,554.87, E780,612.53, thence run- (c) SACO RIVER, MAINE.—The portion of the ligation to implement mitigation for such project ning southeasterly about 439.54 feet to a point project for navigation, Saco River, Maine, au- that existed on the day prior to the transfer au- N189,319.88, E780,983.98, thence running south- thorized under section 107 of the River and Har- thorized by this subsection. westerly about 831.58 feet to a point N188,864.63, bor Act of 1960 (33 U.S.C. 577) and described as (b) MILFORD, KANSAS.— E780,288.08, thence running southeasterly about a 6-foot deep, 10-acre turning basin located at (1) IN GENERAL.—The Secretary shall convey 567.39 feet to a point N188,301.88, E780,360.49, the head of navigation, is redesignated as an by quitclaim deed without consideration to the thence running northwesterly about 1,027.96 feet anchorage area. Geary County Fire Department, Milford, Kan- to the point of origin. (d) UNION RIVER, MAINE.—The project for sas, all right, title, and interest of the United (4) FALMOUTH HARBOR, MASSACHUSETTS.—The navigation, Union River, Maine, authorized by States in and to real property consisting of apportion of the project for navigation, Falmouth the first section of the Act of June 3, 1896 (29 proximately 7.4 acres located in Geary County, Harbor, Massachusetts, authorized by section Stat. 215), is modified by redesignating as an Kansas, for construction, operation, and main- 101 of the River and Harbor Act of 1948 (62 Stat. anchorage area that portion of the project con- tenance of a fire station. 1172), beginning at a point along the eastern sisting of a 6-foot turning basin and lying (2) REVERSION.—If the Secretary determines side of the inner harbor N200,415.05, E845,307.98, northerly of a line commencing at a point that the real property conveyed under para- thence running north 25 degrees 48 minutes 54.3 N315,975.13, E1,004,424.86, thence running north graph (1) ceases to be held in public ownership seconds east 160.24 feet to a point N200,559.20, 61 degrees 27 minutes 20.71 seconds west about or ceases to be operated and maintained as a E845,377.76, thence running north 22 degrees 7 132.34 feet to a point N316,038.37, E1,004,308.61. fire station, all right, title, and interest in and minutes 52.4 seconds east 596.82 feet to a point (e) MYSTIC RIVER, MASSACHUSETTS.—The por- to the property shall revert to the United States, N201,112.15, E845,602.60, thence running north tion of the project for navigation, Mystic River, at the option of the United States. 60 degrees 1 minute 0.3 seconds east 83.18 feet to Massachusetts, authorized by the first section of (c) PIKE COUNTY, MISSOURI.— a point N201,153.72, E845,674.65, thence running the River and Harbor Appropriations Act of (1) IN GENERAL.—At such time as S.S.S., Inc., south 24 degrees 56 minutes 43.4 seconds west July 13, 1892 (27 Stat. 96), between a line start- conveys all right, title and interest in and to the 665.01 feet to a point N200,550.75, E845,394.18, ing at a point N515,683.77, E707,035.45 and end- real property described in paragraph (2)(A) to thence running south 32 degrees 25 minutes 29.0 ing at a point N515,721.28, E707,069.85 and a line the United States, the Secretary shall convey all seconds west 160.76 feet to the point of origin. starting at a point N514,595.15, E707,746.15 and right, title, and interest of the United States in (5) ISLAND END RIVER, MASSACHUSETTS.—The ending at a point N514,732.94, E707,658.38 shall and to the real property described in paragraph portion of the project for navigation, Island End be relocated and reduced from a 100-foot wide (2)(B) to S.S.S., Inc. River, Massachusetts, carried out under section channel to a 50-foot wide channel after the date (2) LAND DESCRIPTION.—The parcels of land 107 of the River and Harbor Act of 1960 (33 of enactment of this Act described as follows: referred to in paragraph (1) are the following: U.S.C. 577), described as follows: Beginning at a Beginning at a point N515,721.28, E707,069.85, (A) NON-FEDERAL LAND.—Approximately 42 point along the eastern limit of the existing thence running southeasterly about 840.50 feet acres, the exact legal description to be deter- project, N507,348.98, E721,180.01, thence running to a point N515,070.16, E707,601.27, thence run- mined by mutual agreement of S.S.S., Inc., and northeast about 35 feet to a point N507,384.17, ning southeasterly about 177.54 feet to a point the Secretary, subject to any existing flowage E721,183.36, thence running northeast about 324 N514,904.84, E707,665.98, thence running south- easements situated in Pike County, Missouri, feet to a point N507,590.51, E721,433.17, thence easterly about 319.90 feet to a point with coordi- upstream and northwest, about a 200-foot dis- running northeast about 345 feet to a point nates N514,595.15, E707,746.15, thence running tance from Drake Island (also known as Grimes along the northern limit of the existing project, northwesterly about 163.37 feet to a point Island). (B) FEDERAL LAND.—Approximately 42 acres, N507,927.29, E721,510.29, thence running south- N514,732.94, E707,658.38, thence running north- the exact legal description to be determined by east about 25 feet to a point N507,921.71, westerly about 161.58 feet to a point N514.889.47, mutual agreement of S.S.S. Inc., and the Sec- E721,534.66, thence running southwest about 354 E707,618.30, thence running northwesterly about retary, situated in Pike County, Missouri, feet to a point N507,576.65, E721,455.64, thence 166.61 feet to a point N515.044.62, E707,557.58, known as Government Tract Numbers MIs–7 running southwest about 357 feet to the point of thence running northwesterly about 825.31 feet and a portion of FM–46 (both tracts on Buffalo origin. to a point N515,683.77, E707,035.45, thence run- Island), administered by the Corps of Engineers. (6) CITY WATERWAY, TACOMA, WASHINGTON.— ning northeasterly about 50.90 feet returning to (3) CONDITIONS.—The exchange of real prop- The portion of the project for navigation, City a point N515,721.28, E707,069.85. erty under paragraph (1) shall be subject to the Waterway, Tacoma, Washington, authorized by (f) CONDITIONS.—The first sentence of section following conditions: the first section of the River and Harbor Appro- 1001(b)(2) of the Water Resources Development (A) DEEDS.— priations Act of June 13, 1902 (32 Stat. 347), con- Act of 1986 (33 U.S.C. 579a(b)(2)) is amended— (i) NON-FEDERAL LAND.—The conveyance of sisting of the last 1,000 linear feet of the inner (1) by striking ‘‘two years’’ and inserting portion of the waterway beginning at station the real property described in paragraph (2)(A) ‘‘year’’; and to the Secretary shall be by a warranty deed ac- 70+00 and ending at station 80+00. (2) by striking ‘‘7’’ and inserting ‘‘5’’. (7) AUNT LYDIA’S COVE, MASSACHUSETTS.— ceptable to the Secretary. (A) IN GENERAL.—The portion of the project SEC. 3122. LAND CONVEYANCES. (ii) FEDERAL LAND.—The instrument of con- for navigation, Aunt Lydia’s Cove, Massachu- (a) ST. FRANCIS BASIN, ARKANSAS AND MIS- veyance used to convey the real property de- setts, constructed under section 107 of the River SOURI.— scribed in paragraph (2)(B) to S.S.S., Inc., shall and Harbor Act of 1960 (33 U.S.C. 577), con- (1) IN GENERAL.—The Secretary shall convey be by quitclaim deed and contain such reserva- sisting of the 8-foot deep anchorage in the cove to the State of Arkansas, without monetary con- tions, terms, and conditions as the Secretary described in subparagraph (B). sideration and subject to paragraph (2), all considers necessary to allow the United States (B) DESCRIPTION OF PORTION.—The portion of right, title, and interest in and to real property to operate and maintain the Mississippi River 9- the project described in subparagraph (A) is within the State acquired by the Federal Gov- Foot Navigation Project. more particularly described as the portion begin- ernment as mitigation land for the project for (B) REMOVAL OF IMPROVEMENTS.—S.S.S., Inc., ning at a point along the southern limit of the flood control, St. Francis Basin, Arkansas and may remove, and the Secretary may require existing project, N254,332.00, E1,023,103.96, Missouri Project, authorized by the Flood Con- S.S.S., Inc., to remove, any improvements on the thence running northwesterly about 761.60 feet trol Act of May 15, 1928 (33 U.S.C. 702a et seq.). land described in paragraph (2)(A). to a point along the western limit of the existing (2) TERMS AND CONDITIONS.— (C) TIME LIMIT FOR EXCHANGE.—The land ex- project N255,076.84, E1,022,945.07, thence run- (A) IN GENERAL.—The conveyance by the change under paragraph (1) shall be completed ning southwesterly about 38.11 feet to a point United States under this subsection shall be sub- not later than 2 years after the date of enact- N255,038.99, E1,022,940.60, thence running ject to— ment of this Act. southeasterly about 267.07 feet to a point (i) the condition that the State of Arkansas (4) VALUE OF PROPERTIES.—If the appraised N254,772.00, E1,022,947.00, thence running agree to operate, maintain, and manage the real fair market value, as determined by the Sec- southeasterly about 462.41 feet to a point property for fish and wildlife, recreation, and retary, of the real property conveyed to S.S.S., N254,320.06, E1,023,044.84, thence running environmental purposes at no cost or expense to Inc., by the Secretary under paragraph (1) ex- northeasterly about 60.31 feet to the point of ori- the United States; and ceeds the appraised fair market value, as deter- gin. (ii) such other terms and conditions as the mined by the Secretary, of the real property (b) SOUTHPORT HARBOR, FAIRFIELD, CON- Secretary determines to be in the interest of the conveyed to the United States by S.S.S., Inc., NECTICUT.—The project for navigation, United States. under paragraph (1), S.S.S., Inc., shall make a Southport Harbor, Fairfield, Connecticut, au- (B) REVERSION.—If the Secretary determines payment to the United States equal to the excess thorized by section 2 of the River and Harbor that the real property conveyed under para- in cash or a cash equivalent that is satisfactory Act of March 2, 1829, and by the first section of graph (1) ceases to be held in public ownership to the Secretary. the River and Harbor Act of August 30, 1935 (49 or the State ceases to operate, maintain, and (d) BOARDMAN, OREGON.—Section 501(g)(1) of Stat. 1029), and section 364 of the Water Re- manage the real property in accordance with the Water Resources Development Act of 1996 sources Development Act of 1996 (110 Stat. 3733– this subsection, all right, title, and interest in (110 Stat. 3751) is amended—

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(1) by striking ‘‘city of Boardman,’’ and in- (g) RICHARD B. RUSSELL LAKE, SOUTH CARO- and environmental documentation costs, associ- serting ‘‘the Boardman Park and Recreation LINA.— ated with the conveyance. District, Boardman,’’; and (1) IN GENERAL.—The Secretary shall convey (5) LIABILITY.—An entity to which a convey- (2) by striking ‘‘such city’’ and inserting ‘‘the to the State of South Carolina, by quitclaim ance is made under this section shall hold the city of Boardman’’. deed, at fair market value, all right, title, and United States harmless from any liability with (e) LOWELL, OREGON.— interest of the United States in and to the real respect to activities carried out, on or after the (1) IN GENERAL.—The Secretary may convey property described in paragraph (2) that is mandate of the conveyance, on the real property without consideration to Lowell School District, aged, as of the date of enactment of this Act, by conveyed. The United States shall remain re- by quitclaim deed, all right, title, and interest of the South Carolina department of commerce for sponsible for any liability with respect to activi- the United States in and to land and buildings public recreation purposes for the Richard B. ties carried out, before such date, on the real thereon, known as Tract A–82, located in Low- Russell Dam and Lake, South Carolina, project property conveyed. ell, Oregon, and described in paragraph (2). authorized by section 203 of the Flood Control SEC. 3123. EXTINGUISHMENT OF REVERSIONARY (2) DESCRIPTION OF PROPERTY.—The parcel of Act of 1966 (80 Stat. 1420). INTERESTS AND USE RESTRICTIONS. land authorized to be conveyed under para- (2) LAND DESCRIPTION.—Subject to paragraph (a) IDAHO.— graph (1) is as follows: Commencing at the point (3), the real property referred to in paragraph (1) IN GENERAL.—With respect to the property of intersection of the west line of Pioneer Street (1) is the parcel contained in the portion of real covered by each deed in paragraph (2)— with the westerly extension of the north line of property described in Army Lease Number (A) the reversionary interests and use restric- Summit Street, in Meadows Addition to Lowell, DACW21–1–92–0500. tions relating to port and industrial use pur- as platted and recorded at page 56 of Volume 4, (3) RESERVATION OF INTERESTS.—The United poses are extinguished; Lane County Oregon Plat Records; thence north States shall reserve— (B) the restriction that no activity shall be on the west line of Pioneer Street a distance of (A) ownership of all real property included in permitted that will compete with services and 176.0 feet to the true point of beginning of this the lease referred to in paragraph (2) that would facilities offered by public marinas is extin- description; thence north on the west line of have been acquired for operational purposes in guished; and Pioneer Street a distance of 170.0 feet; thence accordance with the 1971 implementation of the (C) the human habitation or other building west at right angles to the west line of Pioneer 1962 Army/Interior Joint Acquisition Policy; and structure use restriction is extinguished if the Street a distance of 250.0 feet; thence south and (B) such other rights and interests in and to elevation of the property is above the standard parallel to the west line of Pioneer Street a dis- the real property to be conveyed as the Sec- project flood elevation. tance of 170.0 feet; thence east 250.0 feet to the retary considers necessary for authorized project (2) AFFECTED DEEDS.—The deeds with the fol- true point of beginning of this description in purposes, including easement rights-of-way to lowing county auditor’s file numbers are re- Section 14, Township 19 South, Range 1 West of remaining Federal land. ferred to in paragraph (1): the Willamette Meridian, Lane County, Oregon. (A) Auditor’s Instrument No. 399218 of Nez (4) NO EFFECT ON SHORE MANAGEMENT POL- (3) TERMS AND CONDITIONS.—Before conveying Perce County, Idaho—2.07 acres. ICY.—The Shoreline Management Policy (ER– the parcel to the school district, the Secretary (B) Auditor’s Instrument No. 487437 of Nez 1130–2–406) of the Corps of Engineers shall not shall ensure that the conditions of buildings Perce County, Idaho—7.32 acres. be changed or altered for any proposed develop- and facilities meet the requirements of applica- (b) OLD HICKORY LOCK AND DAM, CUM- ment of land conveyed under this subsection. ble Federal law. BERLAND RIVER, TENNESSEE.— (5) COST SHARING.—In carrying out the con- (4) REVERSION.—If the Secretary determines (1) RELEASE OF RETAINED RIGHTS, INTERESTS, that the property conveyed under paragraph (1) veyance under this subsection, the Secretary RESERVATIONS.—With respect to land conveyed ceases to be held in public ownership, all right, and the State shall comply with all obligations by the Secretary to the Tennessee Society of title, and interest in and to the property shall of any cost-sharing agreement between the Sec- Crippled Children and Adults, Incorporated revert to the United States, at the option of the retary and the State with respect to the real (commonly known as ‘‘Easter Seals Tennessee’’) United States. property described in paragraph (2) in effect as at Old Hickory Lock and Dam, Cumberland (f) LOWELL, OREGON.— of the date of the conveyance. River, Tennessee, under section 211 of the Flood (1) RELEASE AND EXTINGUISHMENT OF DEED (6) LAND NOT CONVEYED.—The State shall con- Control Act of 1965 (79 Stat. 1087), the rever- RESERVATIONS.— tinue to manage the real property described in sionary interests and the use restrictions relat- (A) RELEASE AND EXTINGUISHMENT OF DEED paragraph (3) not conveyed under this sub- ing to recreation and camping purposes are ex- RESERVATIONS.—The Secretary may release and section in accordance with the terms and condi- tinguished. extinguish the deed reservations for access and tions of Army Lease Number DACW21–1–92–0500. (2) INSTRUMENT OF RELEASE.—As soon as communication cables contained in the quit- (h) DENISON, TEXAS.— practicable after the date of enactment of this claim deed, dated January 26, 1965, and re- (1) IN GENERAL.—The Secretary shall offer to Act, the Secretary shall execute and file in the corded February 15, 1965, in the records of Lane convey at fair market value to the city of appropriate office a deed of release, amended County, Oregon; except that such reservations Denison, Texas, all right, title, and interest of deed, or other appropriate instrument effec- may only be released and extinguished for the the United States in and to the approximately tuating the release of interests required by para- lands owned by the city of Lowell as described 900 acres of land located in Grayson County, graph (1). in the quitclaim deed, dated April 11, 1991, in Texas, which is currently subject to an applica- (c) PORT OF PASCO, WASHINGTON.— such records. tion for lease for public park and recreational (1) EXTINGUISHMENT OF USE RESTRICTIONS AND (B) ADDITIONAL RELEASE AND EXTINGUISHMENT purposes made by the city of Denison, dated Au- FLOWAGE EASEMENT.—With respect to the prop- OF DEED RESERVATIONS.—The Secretary may gust 17, 2005. erty covered by the deed in paragraph (3)(A)— also release and extinguish the same deed res- (2) SURVEY TO OBTAIN LEGAL DESCRIPTION.— (A) the flowage easement and human habi- ervations referred to in subparagraph (A) over The exact acreage and description of the real tation or other building structure use restriction land owned by Lane County, Oregon, within property referred to in paragraph (1) shall be is extinguished if the elevation of the property is the city limits of Lowell, Oregon, to accommo- determined by a survey paid for by the city of above the standard project flood elevation; and date the development proposals of the city of Denison, Texas, that is satisfactory to the Sec- (B) the use of fill material to raise areas of the Lowell/St. Vincent de Paul, Lane County, af- retary. property above the standard project flood ele- fordable housing project; except that the Sec- (3) CONVEYANCE.—On acceptance by the city vation is authorized, except in any area for retary may require, at no cost to the United of Denison, Texas, of an offer under paragraph which a permit under section 404 of the Federal States— (1), the Secretary may immediately convey the Water Pollution Control Act (33 U.S.C. 1344) is (i) the alteration or relocation of any existing land surveyed under paragraph (2) by quitclaim required. facilities, utilities, roads, or similar improve- deed to the city of Denison, Texas. (2) EXTINGUISHMENT OF FLOWAGE EASEMENT.— ments on such lands; and (i) GENERALLY APPLICABLE PROVISIONS.— With respect to the property covered by each (ii) the right-of-way for such facilities, utili- (1) SURVEY TO OBTAIN LEGAL DESCRIPTION.— deed in paragraph (3)(B), the flowage easement ties, or improvements, as a pre-condition of any The exact acreage and the legal description of is extinguished if the elevation of the property is release or extinguishment of the deed reserva- any real property to be conveyed under this sec- above the standard project flood elevation. tions. tion shall be determined by a survey that is sat- (3) AFFECTED DEEDS.—The deeds referred to in (2) CONVEYANCE.—The Secretary may convey isfactory to the Secretary. paragraphs (1) and (2) are as follows: to the city of Lowell, Oregon, at fair market (2) APPLICABILITY OF PROPERTY SCREENING (A) Auditor’s File Number 262980 of Franklin value the parcel of land situated in the city of PROVISIONS.—Section 2696 of title 10, United County, Washington. Lowell, Oregon, at fair market value consisting States Code, shall not apply to any conveyance (B) Auditor’s File Numbers 263334 and 404398 of the strip of federally-owned lands located under this section. of Franklin County, Washington. northeast of West Boundary Road between (3) ADDITIONAL TERMS AND CONDITIONS.—The (d) NO EFFECT ON OTHER RIGHTS.—Nothing in Hyland Lane and the city of Lowell’s eastward Secretary may require that any conveyance this section affects the remaining rights and in- city limits. under this section be subject to such additional terests of the Corps of Engineers for authorized (3) ADMINISTRATIVE COST.—Notwithstanding terms and conditions as the Secretary considers project purposes. paragraphs (1) and (2), the city of Lowell, Or- appropriate and necessary to protect the inter- TITLE IV—STUDIES egon, shall pay the administrative costs in- ests of the United States. SEC. 4001. JOHN GLENN GREAT LAKES BASIN curred by the United States to execute the re- (4) COSTS OF CONVEYANCE.—An entity to PROGRAM. lease and extinguishment of the deed reserva- which a conveyance is made under this section Section 455 of the Water Resources Develop- tions under paragraph (1) and the conveyance shall be responsible for all reasonable and nec- ment Act of 1999 (42 U.S.C. 1962d–21) is amended under paragraph (2). essary costs, including real estate transaction by adding at the end the following:

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‘‘(g) IN-KIND CONTRIBUTIONS FOR STUDY.— shall incorporate such plans and designs into that such plans and designs are consistent with The non-Federal interest may provide up to 100 the Federal study if the Secretary determines Federal standards. percent of the non-Federal share required under that such plans and designs are consistent with SEC. 4017. ORICK, CALIFORNIA. subsection (f) in the form of in-kind services and Federal standards. (a) IN GENERAL.—The Secretary shall conduct materials.’’. SEC. 4010. SEARCY COUNTY, ARKANSAS. a study to determine the feasibility of carrying SEC. 4002. LAKE ERIE DREDGED MATERIAL DIS- The Secretary shall conduct a study to deter- out a project for flood damage reduction and POSAL SITES. mine the feasibility of using Greers Ferry Lake ecosystem restoration, Orick, California. The Secretary shall conduct a study to deter- as a water supply source for Searcy County, Ar- (b) FEASIBILITY OF RESTORING OR REHABILI- mine the nature and frequency of avian botu- kansas. TATING REDWOOK CREEK LEVEES.—In con- lism problems in the vicinity of Lake Erie associ- SEC. 4011. ELKHORN SLOUGH ESTUARY, CALI- ducting the study, the Secretary shall determine ated with dredged material disposal sites and FORNIA. the feasibility of restoring or rehabilitating the shall make recommendations to eliminate the The Secretary shall conduct a study of the Redwood Creek Levees, Humboldt County, Cali- conditions that result in such problems. Elkhorn Slough estuary, California, to deter- fornia. SEC. 4003. SOUTHWESTERN UNITED STATES mine the feasibility of conserving, enhancing, SEC. 4018. RIALTO, FONTANA, AND COLTON, CALI- DROUGHT STUDY. and restoring estuarine habitats by developing FORNIA. (a) IN GENERAL.—The Secretary, in coordina- strategies to address hydrological management The Secretary shall conduct a study to deter- tion with the Secretary of the Interior, the Sec- issues. mine the feasibility of carrying out a project for water supply for Rialto, Fontana, and Colton, retary of Agriculture, the Secretary of Com- SEC. 4012. FRESNO, KINGS, AND KERN COUNTIES, merce, and other appropriate agencies, shall CALIFORNIA. California. conduct, at Federal expense, a comprehensive The Secretary shall conduct a study to deter- SEC. 4019. SACRAMENTO RIVER, CALIFORNIA. study of drought conditions in the southwestern mine the feasibility of carrying out a project for The Secretary shall conduct a comprehensive United States, with particular emphasis on the water supply for Fresno, Kings, and Kern study to determine the feasibility of, and alter- Colorado River basin, the Rio Grande River Counties, California. natives for, measures to protect water diversion basin, and the Great Basin. SEC. 4013. LOS ANGELES RIVER REVITALIZATION facilities and fish protective screen facilities in (b) INVENTORY OF ACTIONS.—In conducting STUDY, CALIFORNIA. the vicinity of river mile 178 on the Sacramento the study, the Secretary shall assemble an in- (a) IN GENERAL.—The Secretary, in coordina- River, California. ventory of actions taken or planned to be taken tion with the city of Los Angeles, shall— SEC. 4020. SAN DIEGO COUNTY, CALIFORNIA. to address drought-related situations in the (1) prepare a feasibility study for environ- The Secretary shall conduct a study to deter- southwestern United States. mental restoration, flood control, recreation, mine the feasibility of carrying out a project for (c) PURPOSE.—The purpose of the study shall and other aspects of Los Angeles River revital- water supply, San Diego County, California, in- be to develop recommendations to more effec- ization that is consistent with the goals of the cluding a review of the feasibility of connecting tively address current and future drought condi- Los Angeles River Revitalization Master Plan 4 existing reservoirs to increase usable storage tions in the southwestern United States. published by the city of Los Angeles; and capacity. (d) AUTHORIZATION OF APPROPRIATIONS.— (2) consider any locally-preferred project al- SEC. 4021. SAN FRANCISCO BAY, SACRAMENTO- There are authorized to be appropriated to the ternatives developed through a full and open SAN JOAQUIN DELTA, CALIFORNIA. Secretary to carry out this section $7,000,000. evaluation process for inclusion in the study. (a) IN GENERAL.—The Secretary shall conduct Such funds shall remain available until ex- (b) USE OF EXISTING INFORMATION AND MEAS- a study to determine the feasibility of the bene- pended. URES.—In preparing the study under subsection ficial use of dredged material from the San SEC. 4004. DELAWARE RIVER. (a), the Secretary shall use, to the maximum ex- Francisco Bay in the Sacramento-San Joaquin The Secretary shall review, in consultation tent practicable— Delta, California, including the benefits and im- with the Delaware River Basin Commission and (1) information obtained from the Los Angeles pacts of salinity in the Delta and the benefits to the States of Delaware, Pennsylvania, New Jer- River Revitalization Master Plan; and navigation, flood damage reduction, ecosystem sey, and New York, the report of the Chief of (2) the development process of that plan. restoration, water quality, salinity control, Engineers on the Delaware River, published as (c) DEMONSTRATION PROJECTS.— water supply reliability, and recreation. House Document Numbered 522, 87th Congress, (1) IN GENERAL.—The Secretary is authorized (b) COOPERATION.—In conducting the study, Second Session, as it relates to the Mid-Dela- to construct demonstration projects in order to the Secretary shall cooperate with the Cali- ware River Basin from Wilmington to Port Jer- provide information to develop the study under fornia Department of Water Resources and ap- vis, and any other pertinent reports (including subsection (a)(1). propriate Federal and State entities in devel- the strategy for resolution of interstate flow (2) FEDERAL SHARE.—The Federal share of the oping options for the beneficial use of dredged management issues in the Delaware River Basin cost of any project under this subsection shall material from San Francisco Bay for the Sac- dated August 2004 and the National Park Serv- be not more than 65 percent. ramento-San Joaquin Delta area. ice Lower Delaware River Management Plan (3) AUTHORIZATION OF APPROPRIATIONS.— (c) REVIEW.—The study shall include a review (1997–1999)), with a view to determining whether There is authorized to be appropriated to carry of the feasibility of using Sherman Island as a any modifications of recommendations con- out this subsection $20,000,000. rehandling site for levee maintenance material, tained in the first report referred to are advis- as well as for ecosystem restoration. The review SEC. 4014. LYTLE CREEK, RIALTO, CALIFORNIA. able at the present time, in the interest of flood may include monitoring a pilot project using up The Secretary shall conduct a study to deter- damage reduction, ecosystem restoration, and to 150,000 cubic yards of dredged material and mine the feasibility of carrying out a project for other related problems. being carried out at the Sherman Island site, ex- flood damage reduction and groundwater re- amining larger scale use of dredged materials SEC. 4005. KNIK ARM, COOK INLET, ALASKA. charge, Lytle Creek, Rialto, California. The Secretary shall conduct, at Federal ex- from the San Francisco Bay and Suisun Bay pense, a study to determine the potential im- SEC. 4015. MOKELUMNE RIVER, SAN JOAQUIN Channel, and analyzing the feasibility of the COUNTY, CALIFORNIA. pacts on navigation of construction of a bridge potential use of saline materials from the San (a) IN GENERAL.—The Secretary shall conduct across Knik Arm, Cook Inlet, Alaska. Francisco Bay for both rehandling and eco- a study to determine the feasibility of carrying system restoration purposes. SEC. 4006. KUSKOKWIM RIVER, ALASKA. out a project for water supply along the SEC. 4022. SOUTH SAN FRANCISCO BAY SHORE- The Secretary shall conduct a study to deter- Mokelumne River, San Joaquin County, Cali- mine the feasibility of carrying out a project for LINE STUDY, CALIFORNIA. fornia. (a) IN GENERAL.—In conducting the South navigation, Kuskokwim River, Alaska, in the vi- (b) LIMITATION ON STATUTORY CONSTRUC- cinity of the village of Crooked Creek. San Francisco Bay shoreline study, the Sec- TION.—Nothing in this section shall be con- retary shall— SEC. 4007. ST. GEORGE HARBOR, ALASKA. strued to invalidate, preempt, or create any ex- (1) review the planning, design, and land ac- The Secretary shall conduct, at Federal exception to State water law, State water rights, quisition documents prepared by the California pense, a study to determine the feasibility of or Federal or State permitted activities or agree- State Coastal Conservancy, the Santa Clara providing navigation improvements at St. ments. Valley Water District, and other local interests George Harbor, Alaska. SEC. 4016. NAPA RIVER, ST. HELENA, CALIFORNIA. in developing recommendations for measures to SEC. 4008. SUSITNA RIVER, ALASKA. (a) IN GENERAL.—The Secretary shall conduct provide flood protection of the South San Fran- The Secretary shall conduct a study to deter- a comprehensive study of the Napa River in the cisco Bay shoreline, restoration of the South mine the feasibility of carrying out a project for vicinity of St. Helena, California, for the pur- San Francisco Bay salt ponds (including lands hydropower, recreation, and related purposes on poses of improving flood management through owned by the Department of the Interior), and the Susitna River, Alaska. reconnecting the river to its floodplain; restoring other related purposes; and SEC. 4009. GILA BEND, MARICOPA, ARIZONA. habitat, including riparian and aquatic habitat; (2) incorporate such planning, design, and (a) IN GENERAL.—The Secretary shall conduct improving fish passage and water quality; and land acquisition documents into the Federal a study to determine the feasibility of carrying restoring native plant communities. study if the Secretary determines that such doc- out a project for flood damage reduction, Gila (b) PLANS AND DESIGNS.—In conducting the uments are consistent with Federal standards. Bend, Maricopa, Arizona. study, the Secretary shall review plans and de- (b) REPORT.—Not later than December 31, (b) REVIEW OF PLANS.—In conducting the signs developed by non-Federal interests and 2008, the Secretary shall transmit a feasibility study, the Secretary shall review plans and de- shall incorporate such plans and designs into report for the South San Francisco Bay shore- signs developed by non-Federal interests and the Federal study if the Secretary determines line study to the Committee on Transportation

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 7634 Sfmt 6333 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3633 and Infrastructure of the House of Representa- the Secretary determines that the work is inte- flood damage reduction, St. Louis, Missouri, to tives and the Committee on Environment and gral to the project. restore or rehabilitate the levee system feature of Public Works of the Senate. SEC. 4033. BALLARD’S ISLAND SIDE CHANNEL, IL- the project for flood protection, St. Louis, Mis- (c) CREDIT.— LINOIS. souri, authorized by the first section of the Act (1) IN GENERAL.—The Secretary shall credit to- The Secretary shall conduct a study to deter- entitled ‘‘An Act authorizing construction of ward the non-Federal share of the cost of any mine the feasibility of carrying out a project for certain public works on the Mississippi River for project authorized by law as a result of the ecosystem restoration, Ballard’s Island, Illinois. the protection of Saint Louis, Missouri’’, ap- South San Francisco Bay shoreline study the SEC. 4034. SALEM, INDIANA. proved August 9, 1955 (69 Stat. 540). cost of work carried out by the non-Federal in- The Secretary shall conduct a study to deter- SEC. 4044. DREDGED MATERIAL DISPOSAL, NEW terest before the date of the partnership agree- mine the feasibility of carrying out a project to JERSEY. ment for the project if the Secretary determines provide an additional water supply source for The Secretary shall conduct a study to deter- that the work is integral to the project. Salem, Indiana. mine the feasibility of carrying out a project in (2) LIMITATION.—In no case may work that SEC. 4035. BUCKHORN LAKE, KENTUCKY. the vicinity of the Atlantic Intracoastal Water- was carried out more than 5 years before the (a) IN GENERAL.—The Secretary shall conduct way, New Jersey, for the construction of a date of enactment of this Act be eligible for cred- a study to determine the feasibility of modifying dredged material disposal transfer facility to it under this subsection. the project for flood damage reduction, make dredged material available for beneficial SEC. 4023. TWENTYNINE PALMS, CALIFORNIA. Buckhorn Lake, Kentucky, authorized by sec- reuse. The Secretary shall conduct a study to deter- tion 2 of the Flood Control Act of June 28, 1938 SEC. 4045. BAYONNE, NEW JERSEY. mine the feasibility of carrying out a project for (52 Stat. 1217), to add ecosystem restoration, The Secretary shall conduct a study to deter- flood damage reduction, Pinto Cove Wash, in recreation, and improved access as project pur- mine the feasibility of carrying out a project for the vicinity of Twentynine Palms, California. poses, including permanently raising the winter environmental restoration, including improved SEC. 4024. YUCCA VALLEY, CALIFORNIA. pool elevation of the project. water quality, enhanced public access, and The Secretary shall conduct a study to deter- (b) IN-KIND CONTRIBUTIONS.—The non-Fed- recreation, on the Kill Van Kull, Bayonne, New mine the feasibility of carrying out a project for eral interest may provide the non-Federal share Jersey. flood damage reduction, West Burnt Mountain of the cost of the study in the form of in-kind SEC. 4046. CARTERET, NEW JERSEY. basin, in the vicinity of Yucca Valley, Cali- services and materials. fornia. The Secretary shall conduct a study to deter- SEC. 4036. DEWEY LAKE, KENTUCKY. mine the feasibility of carrying out a project for SEC. 4025. ROARING FORK RIVER, BASALT, COLO- The Secretary shall conduct a study to deter- RADO. environmental restoration, including improved mine the feasibility of modifying the project for water quality, enhanced public access, and The Secretary shall conduct a study to deter- Dewey Lake, Kentucky, to add water supply as mine the feasibility of carrying out a project for recreation, on the Raritan River, Carteret, New a project purpose. Jersey. flood damage reduction and other purposes for SEC. 4037. LOUISVILLE, KENTUCKY. SEC. 4047. GLOUCESTER COUNTY, NEW JERSEY. the Roaring Fork River, Basalt, Colorado. The Secretary shall conduct a study of the The Secretary shall conduct a study to deter- SEC. 4026. DELAWARE AND CHRISTINA RIVERS project for flood control, Louisville, Kentucky, mine the feasibility of carrying out a project for AND SHELLPOT CREEK, WIL- authorized by section 4 of the Flood Control Act MINGTON, DELAWARE. flood damage reduction, Gloucester County, of June 28, 1938 (52 Stat. 1217), to investigate The Secretary shall conduct a study to deter- New Jersey, including the feasibility of restoring measures to address the rehabilitation of the mine the feasibility of carrying out a project for the flood protection dikes in Gibbstown, New project. flood damage reduction and related purposes Jersey, and the associated tidegates in Glouces- along the Delaware and Christina Rivers and SEC. 4038. FALL RIVER HARBOR, MASSACHUSETTS ter County, New Jersey. AND RHODE ISLAND. Shellpot Creek, Wilmington, Delaware. The Secretary shall conduct a study to deter- SEC. 4048. PERTH AMBOY, NEW JERSEY. SEC. 4027. COLLIER COUNTY BEACHES, FLORIDA. mine the feasibility of deepening that portion of The Secretary shall conduct a study to deter- The Secretary shall conduct a study to deter- the navigation channel of the navigation project mine the feasibility of carrying out a project for mine the feasibility of carrying out a project for for Fall River Harbor, Massachusetts and Rhode riverfront development, including enhanced hurricane and storm damage reduction and Island, authorized by section 101 of the River public access, recreation, and environmental flood damage reduction in the vicinity of Van- and Harbor Act of 1968 (82 Stat. 731), seaward of restoration, on the Arthur Kill, Perth Amboy, derbilt, Park Shore, and Naples beaches, Collier the Charles M. Braga, Jr. Memorial Bridge, Fall New Jersey. County, Florida. River and Somerset, Massachusetts. SEC. 4049. BATAVIA, NEW YORK. SEC. 4028. LOWER ST. JOHNS RIVER, FLORIDA. SEC. 4039. CLINTON RIVER, MICHIGAN. The Secretary shall conduct a study to deter- The Secretary shall conduct a study to deter- The Secretary shall conduct a study to determine the feasibility of carrying out a project for mine the feasibility of carrying out a project for mine the feasibility of carrying out a project for hydropower and related purposes in the vicinity environmental protection and restoration, in- environmental restoration, Clinton River, Michi- of Batavia, New York. cluding improved water quality, and related gan. SEC. 4050. BIG SISTER CREEK, EVANS, NEW YORK. purposes, Lower St. Johns River, Florida. SEC. 4040. HAMBURG AND GREEN OAK TOWN- (a) IN GENERAL.—The Secretary shall conduct SEC. 4029. VANDERBILT BEACH LAGOON, FLOR- SHIPS, MICHIGAN. a study to determine the feasibility of carrying IDA. The Secretary shall conduct a study to deter- out a project for flood damage reduction, Big The Secretary shall conduct a study to determine the feasibility of carrying out a project for Sister Creek, Evans, New York. mine the feasibility of carrying out a project for flood damage reduction on Ore Lake and the (b) EVALUATION OF POTENTIAL SOLUTIONS.— environmental restoration, water supply, and Huron River for Hamburg and Green Oak In conducting the study, the Secretary shall improvement of water quality at Vanderbilt Townships, Michigan. evaluate potential solutions to flooding from all Beach Lagoon, Florida. SEC. 4041. DULUTH-SUPERIOR HARBOR, MIN- sources, including flooding that results from ice SEC. 4030. MERIWETHER COUNTY, GEORGIA. NESOTA AND WISCONSIN. jams. The Secretary shall conduct a study to deter- (a) IN GENERAL.—The Secretary shall conduct SEC. 4051. FINGER LAKES, NEW YORK. mine the feasibility of carrying out a project for a study and prepare a report to evaluate the in- water supply, Meriwether County, Georgia. The Secretary shall conduct a study to deter- tegrity of the bulkhead system located on and in mine the feasibility of carrying out a project for SEC. 4031. TYBEE ISLAND, GEORGIA. the vicinity of Duluth-Superior Harbor, Duluth, aquatic ecosystem restoration and protection, The Secretary shall conduct a study to deter- Minnesota, and Superior, Wisconsin. Finger Lakes, New York, to address water qual- (b) CONTENTS.—The report shall include— mine the feasibility of including the northern ity and aquatic nuisance species. end of Tybee Island extending from the north (1) a determination of causes of corrosion of terminal groin to the mouth of Lazaretto Creek the bulkhead system; SEC. 4052. LAKE ERIE SHORELINE, BUFFALO, NEW YORK. as a part of the project for beach erosion con- (2) recommendations to reduce corrosion of the The Secretary shall conduct a study to deter- trol, Tybee Island, Georgia, carried out under bulkhead system; mine the feasibility of carrying out a project for section 201 of the Flood Control Act of 1965 (42 (3) a description of the necessary repairs to storm damage reduction and shoreline protec- U.S.C. 1962d–5). the bulkhead system; and tion in the vicinity of Gallagher Beach, Lake SEC. 4032. BOISE RIVER, IDAHO. (4) an estimate of the cost of addressing the causes of the corrosion and carrying out nec- Erie Shoreline, Buffalo, New York. The study for flood control, Boise River, essary repairs. SEC. 4053. NEWTOWN CREEK, NEW YORK. Idaho, authorized by section 414 of the Water Resources Development Act of 1999 (113 Stat. SEC. 4042. NORTHEAST MISSISSIPPI. The Secretary shall conduct a study to deter- 324), is modified— The Secretary shall conduct a study to determine the feasibility of carrying out ecosystem (1) to add ecosystem restoration and water mine the feasibility of modifying the project for restoration improvements on Newtown Creek, supply as project purposes to be studied; and navigation, Tennessee-Tombigbee Waterway, Brooklyn and Queens, New York. (2) to require the Secretary to credit toward Alabama and Mississippi, to provide water sup- SEC. 4054. NIAGARA RIVER, NEW YORK. the non-Federal share of the cost of the study ply for northeast Mississippi. The Secretary shall conduct a study to deter- the cost, not to exceed $500,000, of work carried SEC. 4043. ST. LOUIS, MISSOURI. mine the feasibility of carrying out a project for out by the non-Federal interest before the date The Secretary shall conduct a study to deter- a low-head hydroelectric generating facility in of the partnership agreement for the project if mine the feasibility of carrying out a project for the Niagara River, New York.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 7634 Sfmt 6333 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3634 CONGRESSIONAL RECORD — HOUSE April 19, 2007 SEC. 4055. SHORE PARKWAY GREENWAY, BROOK- SEC. 4064. CHARTIERS CREEK WATERSHED, PENN- flood damage reduction, Chattanooga Creek, LYN, NEW YORK. SYLVANIA. Dobbs Branch, Chattanooga, Tennessee. The Secretary shall conduct a study of the The Secretary shall conduct a study to deter- SEC. 4073. CLEVELAND, TENNESSEE. feasibility of carrying out a project for shoreline mine the feasibility of carrying out a project for The Secretary shall conduct a study to deter- protection in the vicinity of the confluence of flood damage reduction, Chartiers Creek water- mine the feasibility of carrying out a project for the Narrows and Gravesend Bay, Upper New shed, Pennsylvania. flood damage reduction, Cleveland, Tennessee. York Bay, Shore Parkway Greenway, Brooklyn, SEC. 4065. KINZUA DAM AND ALLEGHENY RES- SEC. 4074. CUMBERLAND RIVER, NASHVILLE, TEN- ERVOIR, PENNSYLVANIA. New York. NESSEE. The Secretary shall conduct a study of the SEC. 4056. UPPER DELAWARE RIVER WATERSHED, The Secretary shall conduct a study to deter- project for flood control, Kinzua Dam and Alle- NEW YORK. mine the feasibility of carrying out a project for gheny Reservoir, Warren, Pennsylvania, au- Notwithstanding section 221 of the Flood Con- recreation on, riverbank protection for, and en- thorized by section 5 of the Flood Control Act of trol Act of 1970 (42 U.S.C. 1962d–5b) and with vironmental protection of, the Cumberland River June 22, 1936 (49 Stat. 1570), and modified by the consent of the affected local government, a and riparian habitats in the city of Nashville section 2 of the Flood Control Act of June 28, nonprofit organization may serve as the non- and Davidson County, Tennessee. Federal interest for a study for the Upper Dela- 1938 (52 Stat. 1215), section 2 of the Flood Con- trol Act of August 18, 1941 (55 Stat. 646), and SEC. 4075. LEWIS, LAWRENCE, AND WAYNE COUN- ware River watershed, New York, being carried TIES, TENNESSEE. section 4 of the Flood Control Act of December out under Committee Resolution 2495 of the The Secretary shall conduct a study to deter- 22, 1944 (58 Stat. 887), to review operations of Committee on Transportation and Infrastruc- mine the feasibility of carrying out a project for and identify modifications to the project to ex- ture of the House of Representatives, adopted water supply for Lewis, Lawrence, and Wayne pand recreational opportunities. May 9, 1996. Counties, Tennessee. SEC. 4057. LINCOLN COUNTY, NORTH CAROLINA. SEC. 4066. WESTERN PENNSYLVANIA FLOOD DAM- AGE REDUCTION, PENNSYLVANIA. SEC. 4076. WOLF RIVER AND NONCONNAH CREEK, The Secretary shall conduct a study of exist- MEMPHIS TENNESSEE. ing water and water quality-related infrastruc- (a) IN GENERAL.—The Secretary shall conduct a study of structural and nonstructural flood The Secretary shall conduct a study to deter- ture in Lincoln County, North Carolina, to as- mine the feasibility of carrying out a project for sist local interests in determining the most effi- damage reduction, stream bank protection, storm water management, channel clearing and flood damage reduction along Wolf River and cient and effective way to connect county infra- Nonconnah Creek, in the vicinity of Memphis, structure. modification, and watershed coordination measures in the Mahoning River basin, Pennsyl- Tennessee, to include the repair, replacement, SEC. 4058. WILKES COUNTY, NORTH CAROLINA. rehabilitation, and restoration of the following The Secretary shall conduct a study to deter- vania, the Allegheny River basin, Pennsylvania, and the Upper Ohio River basin, Pennsylvania, pumping stations: Cypress Creek, Nonconnah mine the feasibility of carrying out a project for Creek, Ensley, Marble Bayou, and Bayou water supply, Wilkes County, North Carolina. to provide a level of flood protection sufficient to prevent future losses to communities located Gayoso. SEC. 4059. YADKINVILLE, NORTH CAROLINA. SEC. 4077. ABILENE, TEXAS. The Secretary shall conduct a study to deter- in such basins from flooding such as occurred in September 2004, but not less than a 100-year The Secretary shall conduct a study to determine the feasibility of carrying out a project for mine the feasibility of carrying out a project for water supply, Yadkinville, North Carolina. level of flood protection. (b) PRIORITY COMMUNITIES.—In carrying out water supply, Abilene, Texas. SEC. 4060. LAKE ERIE, OHIO. this section, the Secretary shall give priority to SEC. 4078. COASTAL TEXAS ECOSYSTEM PROTEC- The Secretary shall conduct a study to deter- the following Pennsylvania communities: Mar- TION AND RESTORATION, TEXAS. mine the feasibility of carrying out projects for shall Township, Ross Township, Shaler Town- (a) IN GENERAL.—The Secretary shall develop power generation at confined disposal facilities ship, Jackson Township, Harmony, Zelienople, a comprehensive plan to determine the feasi- along Lake Erie, Ohio. Darlington Township, Houston Borough, bility of carrying out projects for flood damage SEC. 4061. OHIO RIVER, OHIO. Chartiers Township, Washington, Canton reduction, hurricane and storm damage reduc- The Secretary shall conduct a study to deter- Township, Tarentum Borough, and East Deer tion, and ecosystem restoration in the coastal mine the feasibility of carrying out projects for Township. areas of the State of Texas. flood damage reduction on the Ohio River in SEC. 4067. WILLIAMSPORT, PENNSYLVANIA. (b) SCOPE.—The comprehensive plan shall Mahoning, Columbiana, Jefferson, Belmont, The Secretary shall conduct a study of the provide for the protection, conservation, and Noble, Monroe, Washington, Athens, Meigs, project for flood control, Williamsport, Pennsyl- restoration of wetlands, barrier islands, shore- Gallia, Lawrence, and Scioto Counties, Ohio. vania, authorized by section 5 of the Flood Con- lines, and related lands and features that pro- SEC. 4062. ECOSYSTEM RESTORATION AND FISH trol Act of June 22, 1936 (49 Stat. 1570), to inves- tect critical resources, habitat, and infrastruc- PASSAGE IMPROVEMENTS, OREGON. tigate measures to rehabilitate the project. ture from the impacts of coastal storms, hurri- (a) STUDY.—The Secretary shall conduct a SEC. 4068. YARDLEY BOROUGH, PENNSYLVANIA. canes, erosion, and subsidence. study to determine the feasibility of undertaking The Secretary shall conduct a study to deter- (c) DEFINITION.—For purposes of this section, ecosystem restoration and fish passage improve- mine the feasibility of carrying out a project for the term ‘‘coastal areas in the State of Texas’’ ments on rivers throughout the State of Oregon. flood damage reduction, at Yardley Borough, means the coastal areas of the State of Texas (b) REQUIREMENTS.—In carrying out the Pennsylvania, including the alternative of rais- from the Sabine River on the east to the Rio study, the Secretary shall— Grande River on the west and includes tidal wa- (1) work in coordination with the State of Or- ing River Road. SEC. 4069. RIO VALENCIANO, JUNCOS, PUERTO ters, barrier islands, marshes, coastal wetlands, egon, local governments, and other Federal rivers and streams, and adjacent areas. agencies; and RICO. (2) place emphasis on— (a) IN GENERAL.—The Secretary shall conduct SEC. 4079. JOHNSON CREEK, ARLINGTON, TEXAS. (A) fish passage and conservation and res- a study to reevaluate the project for flood dam- (a) REEVALUATION OF ENVIRONMENTAL RES- toration strategies to benefit species that are age reduction and water supply, Rio TORATION FEATURES.—The Secretary shall re- listed or proposed for listing as threatened or Valenciano, Juncos, Puerto Rico, authorized by evaluate the project for flood damage reduction, endangered species under the Endangered Spe- section 209 of the Flood Control Act of 1962 (76 environmental restoration, and recreation, au- cies Act of 1973 (16 U.S.C. 1531 et seq.); and Stat. 1197) and section 204 of the Flood Control thorized by section 101(b)(14) of the Water Re- (B) other watershed restoration objectives. Act of 1970 (84 Stat. 1828), to determine the fea- sources Development Act of 1999 (113 Stat. 280), (c) PILOT PROGRAM.— sibility of carrying out the project. to develop alternatives to the separable environ- (1) IN GENERAL.—In conjunction with con- (b) CREDIT.—The Secretary shall credit to- mental restoration element of the project. ducting the study under subsection (a), the Sec- ward the non-Federal share of the cost of the (b) STUDY OF ADDITIONAL FLOOD DAMAGE RE- retary may carry out pilot projects to dem- study the cost of work carried out by the non- DUCTION MEASURES.—The Secretary shall con- onstrate the effectiveness of ecosystem restora- Federal interest before the date of the partner- duct a study to determine the feasibility of addition and fish passages. ship agreement for the project if the Secretary tional flood damage reduction measures and (2) AUTHORIZATION OF APPROPRIATIONS.— determines that the work is integral to the erosion control measures within the boundaries There is authorized to be appropriated $5,000,000 project. of the project referred to in subsection (a). to carry out this subsection. SEC. 4070. CROOKED CREEK, BENNETTSVILLE, (c) PLANS AND DESIGNS.—In conducting the SEC. 4063. WALLA WALLA RIVER BASIN, OREGON. SOUTH CAROLINA. studies referred to in subsections (a) and (b), the In conducting the study of determine the fea- The Secretary shall conduct a study to deter- Secretary shall review plans and designs devel- sibility of carrying out a project for ecosystem mine the feasibility of carrying out a project for oped by non-Federal interests and shall use restoration, Walla Walla River Basin, Oregon, water supply, Crooked Creek, Bennettsville, such plans and designs to the extent that the the Secretary shall— South Carolina. Secretary determines that such plans and de- (1) credit toward the non-Federal share of the SEC. 4071. BROAD RIVER, YORK COUNTY, SOUTH signs are consistent with Federal standards. cost of the study the cost of work carried out by CAROLINA. (d) CREDIT TOWARD FEDERAL SHARE.—If an the non-Federal interest before the date of the The Secretary shall conduct a study to deter- alternative environmental restoration element is partnership agreement for the project if the Sec- mine the feasibility of carrying out a project for authorized by law, the Secretary shall credit to- retary determines that the work is integral to water supply, Broad River, York County, South ward the Federal share of the cost of that the project; and Carolina. project the costs incurred by the Secretary to (2) allow the non-Federal interest to provide SEC. 4072. CHATTANOOGA, TENNESSEE. carry out the separable environmental restora- the non-Federal share of the cost of the study in The Secretary shall conduct a study to deter- tion element of the project referred to in sub- the form of in-kind services and materials. mine the feasibility of carrying out a project for section (a). The non-Federal interest shall not

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 7634 Sfmt 6333 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3635 be responsible for reimbursing the Secretary for SEC. 4088. JOHNSONVILLE DAM, JOHNSONVILLE, (13) Long Island Sound watershed, New York. any amount credited under this subsection. WISCONSIN. (14) Ramapo River watershed, New York. (e) CREDIT TOWARD THE NON-FEDERAL The Secretary shall conduct a study of the (15) Western Lake Erie basin, Ohio. SHARE.—The Secretary shall credit toward the Johnsonville Dam, Johnsonville, Wisconsin, to (16) Those portions of the watersheds of the non-Federal share of the cost of the studies determine if the structure prevents ice jams on Beaver, Upper Ohio, Connoquenessing, Lower under subsections (a) and (b), and the cost of the Sheboygan River. Allegheny, Kiskiminetas, Lower Monongahela, any project carried out as a result of such stud- TITLE V—MISCELLANEOUS Youghiogheny, Shenango, and Mahoning Riv- ies the cost of work carried out by the non-Fed- SEC. 5001. MAINTENANCE OF NAVIGATION CHAN- ers lying within the counties of Beaver, Butler, eral interest. NELS. Lawrence, and Mercer, Pennsylvania. SEC. 4080. PORT OF GALVESTON, TEXAS. (a) IN GENERAL.—Upon request of a non-Fed- (17) Otter Creek watershed, Pennsylvania. (18) Unami Creek watershed, Milford Town- The Secretary shall conduct a study of the eral interest, the Secretary shall be responsible ship, Pennsylvania. feasibility of carrying out a project for dredged for maintenance of the following navigation (19) Sauk River basin, Washington. material disposal in the vicinity of the project channels and breakwaters constructed or im- (e) AUTHORIZATION OF APPROPRIATIONS.— for navigation and environmental restoration, proved by the non-Federal interest if the Sec- There is authorized to be appropriated to carry Houston-Galveston Navigation Channels, Texas, retary determines that such maintenance is eco- out this section $15,000,000. authorized by section 101(a)(30) of the Water nomically justified and environmentally accept- Resources Development Act of 1996 (110 Stat. able and that the channel or breakwater was SEC. 5003. DAM SAFETY. 3666). constructed in accordance with applicable per- (a) ASSISTANCE.—The Secretary may provide assistance to enhance dam safety at the fol- SEC. 4081. GRAND COUNTY AND MOAB, UTAH. mits and appropriate engineering and design standards: lowing locations: The Secretary shall conduct a study to deter- (1) Manatee Harbor basin, Florida. (1) Fish Creek Dam, Blaine County, Idaho. mine the feasibility of carrying out a project for (2) Bayou LaFourche Channel, Port (2) Hamilton Dam, Saginaw River, Flint, water supply for Grand County and the city of Fourchon, Louisiana. Michigan. Moab, Utah, including a review of the impact of (3) Calcasieu River at Devil’s Elbow, Lou- (3) State Dam, Auburn, New York. current and future demands on the Spanish isiana. (4) Whaley Lake Dam, Pawling, New York. Valley Aquifer. (4) Pidgeon Industrial Harbor, Pidgeon Indus- (5) Ingham Spring Dam, Solebury Township, SEC. 4082. SOUTHWESTERN UTAH. trial Park, Memphis Harbor, Tennessee. Pennsylvania. The Secretary shall conduct a study to deter- (5) Pix Bayou Navigation Channel, Chambers (6) Leaser Lake Dam, Lehigh County, Penn- mine the feasibility of carrying out a project for County, Texas. sylvania. flood damage reduction, Santa Clara River, (6) Racine Harbor, Wisconsin. (7) Stillwater Dam, Monroe County, Pennsyl- Washington, Iron, and Kane Counties, Utah. (b) COMPLETION OF ASSESSMENT.—Not later vania. SEC. 4083. CHOWAN RIVER BASIN, VIRGINIA AND than 6 months after the date of receipt of a re- (8) Wissahickon Creek Dam, Montgomery NORTH CAROLINA. quest from a non-Federal interest for Federal County, Pennsylvania. The Secretary shall conduct a study to deter- assumption of maintenance of a channel listed (b) SPECIAL RULE.—The assistance provided mine the feasibility of carrying out a project for in subsection (a), the Secretary shall make a de- under subsection (a) for State Dam, Auburn, flood damage reduction, environmental restora- termination as provided in subsection (a) and New York, shall be for a project for rehabilitation, navigation, and erosion control, Chowan advise the non-Federal interest of the Sec- tion in accordance with the report on State Dam River basin, Virginia and North Carolina. retary’s determination. Rehabilitation, Owasco Lake Outlet, New York, SEC. 5002. WATERSHED MANAGEMENT. dated March 1999, if the Secretary determines SEC. 4084. ELLIOTT BAY SEAWALL, SEATTLE, WASHINGTON. (a) IN GENERAL.—The Secretary may provide that the project is feasible. technical, planning, and design assistance to (c) AUTHORIZATION OF APPROPRIATIONS.— (a) IN GENERAL.—The study for rehabilitation of the Elliott Bay Seawall, Seattle, Washington, non-Federal interests for carrying out water- There is authorized to be appropriated to carry being carried out under Committee Resolution shed management, restoration, and development out subsection (a) $6,000,000. 2704 of the Committee on Transportation and projects at the locations described in subsection SEC. 5004. STRUCTURAL INTEGRITY EVALUA- Infrastructure of the House of Representatives (d). TIONS. (b) SPECIFIC MEASURES.—Assistance provided adopted September 25, 2002, is modified to in- (a) IN GENERAL.—Upon request of a non-Fed- under subsection (a) may be in support of non- clude a determination of the feasibility of reduc- eral interest, the Secretary shall evaluate the Federal projects for the following purposes: ing future damage to the seawall from seismic structural integrity and effectiveness of a (1) Management and restoration of water activity. project for flood damage reduction and, if the quality. CCEPTANCE OF CONTRIBUTIONS.—In car- Secretary determines that the project does not (b) A (2) Control and remediation of toxic sedi- rying out the study, the Secretary may accept meet such minimum standards as the Secretary ments. contributions in excess of the non-Federal share may establish and, absent action by the Sec- (3) Restoration of degraded streams, rivers, retary, the project will fail, the Secretary may of the cost of the study from the non-Federal in- wetlands, and other waterbodies to their nat- terest to the extent that the Secretary deter- take such action as may be necessary to restore ural condition as a means to control flooding, the integrity and effectiveness of the project. mines that the contributions will facilitate com- excessive erosion, and sedimentation. pletion of the study. (b) PRIORITY.—The Secretary shall evaluate (4) Protection and restoration of watersheds, under subsection (a) the following projects: (c) CREDIT.—The Secretary shall credit toward including urban watersheds. the non-Federal share of the cost of any project (1) Project for flood damage reduction, Arkan- (5) Demonstration of technologies for non- sas River Levees, Arkansas. authorized by law as a result of the study the structural measures to reduce destructive im- value of contributions accepted by the Secretary (2) Project for flood damage reduction, pacts of flooding. Nonconnah Creek, Tennessee. under subsection (b). (c) NON-FEDERAL SHARE.—The non-Federal SEC. 5005. FLOOD MITIGATION PRIORITY AREAS. SEC. 4085. MONONGAHELA RIVER BASIN, NORTH- share of the cost of assistance provided under (a) IN GENERAL.—Section 212(e) of the Water ERN WEST VIRGINIA. subsection (a) shall be 50 percent. Resources Development Act of 1999 (33 U.S.C. The Secretary shall conduct a study to deter- (d) PROJECT LOCATIONS.—The locations re- mine the feasibility of carrying out aquatic eco- ferred to in subsection (a) are the following: 2332(e); 114 Stat. 2599) is amended— system restoration and protection projects in the (1) Big Creek watershed, Roswell, Georgia. (1) by striking ‘‘and’’ at the end of para- watersheds of the Monongahela River Basin (2) Those portions of the watersheds of the graphs (23) and (27); lying within the counties of Hancock, Ohio, Chattahoochee, Etowah, Flint, Ocmulgee, and (2) by striking the period at the end of para- Marshall, Wetzel, Tyler, Pleasants, Wood, Oconee Rivers lying within the counties of graph (28) and inserting a semicolon; and Doddridge, Monongalia, Marion, Harrison, Tay- Bartow, Cherokee, Clayton, Cobb, Coweta, (3) by adding at the end the following: lor, Barbour, Preston, Tucker, Mineral, Grant, DeKalb, Douglas, Fayette, Fulton, Forsyth, ‘‘(29) Ascension Parish, Louisiana; ‘‘(30) East Baton Rouge Parish, Louisiana; Gilmer, Brooke, and Rithchie, West Virginia, Gwinnett, Hall, Henry, Paulding, Rockdale, and ‘‘(31) Iberville Parish, Louisiana; particularly as related to abandoned mine Walton, Georgia. ‘‘(32) Livingston Parish, Louisiana; and drainage abatement. (3) Kinkaid Lake, Jackson County, Illinois. ‘‘(33) Pointe Coupee Parish, Louisiana.’’. SEC. 4086. KENOSHA HARBOR, WISCONSIN. (4) Amite River basin, Louisiana. (5) East Atchafalaya River basin, Iberville (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- The Secretary shall conduct a study to deter- tion 212(i)(1) of such Act (33 U.S.C. 2332(i)(1)) is mine the feasibility of carrying out a project for Parish and Pointe Coupee Parish, Louisiana. (6) Red River watershed, Louisiana. amended by striking ‘‘section—’’ and all that navigation, Kenosha Harbor, Wisconsin, includ- (7) Lower Platte River watershed, Nebraska. follows before the period at the end and inserting the extension of existing piers. (8) Rio Grande watershed, New Mexico. ing ‘‘section $20,000,000’’. SEC. 4087. WAUWATOSA, WISCONSIN. (9) Taunton River basin, Massachusetts. SEC. 5006. ADDITIONAL ASSISTANCE FOR AU- The Secretary shall conduct a study to deter- (10) Marlboro Township, New Jersey. THORIZED PROJECTS. mine the feasibility of carrying out a project for (11) Esopus, Plattekill, and Rondout Creeks, (a) IN GENERAL.—Section 219(e) of the Water flood damage reduction and environmental res- Greene, Sullivan, and Ulster Counties, New Resources Development Act of 1992 (106 Stat. toration, Menomonee River and Underwood York. 4835; 110 Stat. 3757; 113 Stat. 334) is amended— Creek, Wauwatosa, Wisconsin, and greater Mil- (12) Greenwood Lake watershed, New York (1) by striking ‘‘and’’ at the end of paragraph waukee watersheds, Wisconsin. and New Jersey. (7);

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 7634 Sfmt 6333 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3636 CONGRESSIONAL RECORD — HOUSE April 19, 2007 (2) by striking the period at the end of para- SEC. 5009. SOUTHEASTERN WATER RESOURCES (1) investigate and identify environmentally graph (8) and inserting a semicolon; and ASSESSMENT. sound methods for preventing and reducing the (3) by adding at the end the following: (a) IN GENERAL.—The Secretary shall con- dispersal of aquatic nuisance species; ‘‘(9) $35,000,000 for the project described in duct, at Federal expense, an assessment of the (2) study, design, and carry out a project for subsection (c)(18); water resources needs of the river basins and a dispersal barrier, using available technologies ‘‘(10) $27,000,000 for the project described in watersheds of the southeastern United States. and measures, to be located in the lock portion subsection (c)(19); (b) COOPERATIVE AGREEMENTS.—In carrying of Lock and Dam 11 in the Upper Mississippi ‘‘(11) $20,000,000 for the project described in out the assessment, the Secretary may enter into River basin; subsection (c)(20); cooperative agreements with State and local (3) monitor and evaluate, in cooperation with ‘‘(12) $35,000,000 for the project described in agencies, non-Federal and nonprofit entities, the Director of the United States Fish and Wild- subsection (c)(23); and regional researchers. life Service, the effectiveness of the project in ‘‘(13) $20,000,000 for the project described in (c) AUTHORIZATION OF APPROPRIATIONS.— preventing and reducing the dispersal of aquatic subsection (c)(25); There is authorized to be appropriated $7,000,000 nuisance species through the Upper Mississippi ‘‘(14) $20,000,000 for the project described in to carry out this section. River system, and report to the Committee on subsection (c)(26); SEC. 5010. UPPER MISSISSIPPI RIVER ENVIRON- Transportation and Infrastructure of the House MENTAL MANAGEMENT PROGRAM. ‘‘(15) $35,000,000 for the project described in of Representatives and the Committee on Envi- Section 1103(e)(7) of the Water Resources De- subsection (c)(27); ronment and Public Works of the Senate on the velopment Act of 1986 (33 U.S.C. 652(e)(7)) is ‘‘(16) $20,000,000 for the project described in results of the evaluation; and amended— subsection (c)(28); and (4) operate and maintain the project. (1) by adding at the end of subparagraph (A) (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(17) $30,000,000 for the project described in the following: ‘‘The non-Federal interest may subsection (c)(40).’’. There is authorized to be appropriated $4,000,000 provide the non-Federal share of the cost of the to carry out this section. (b) EAST ARKANSAS ENTERPRISE COMMUNITY, project in the form of in-kind services and mate- ARKANSAS.—Federal assistance made available SEC. 5017. SUSQUEHANNA, DELAWARE, AND PO- rials.’’; and TOMAC RIVER BASINS, DELAWARE, under the rural enterprise zone program of the (2) by inserting after subparagraph (B) the Department of Agriculture may be used toward MARYLAND, PENNSYLVANIA, AND following: VIRGINIA. payment of the non-Federal share of the costs of ‘‘(C) Notwithstanding section 221 of the Flood (a) EX OFFICIO MEMBER.—Notwithstanding the project described in section 219(c)(20) of the Control Act of 1970 (42 U.S.C. 1962d–5b), a non- section 3001(a) of the 1997 Emergency Supple- Water Resources Development Act of 1992 (114 Federal interest may include for any project un- mental Appropriations Act for Recovery From Stat. 2763A–219) if such assistance is authorized dertaken under this section, a nonprofit entity Natural Disasters, and for Overseas Peace- to be used for such purposes. with the consent of the affected local govern- keeping Efforts, Including Those in Bosnia SEC. 5007. EXPEDITED COMPLETION OF REPORTS ment.’’. (Public Law 105–18; 111 Stat. 176), section 2.2 of AND CONSTRUCTION FOR CERTAIN SEC. 5011. MISSOURI AND MIDDLE MISSISSIPPI PROJECTS. the Susquehanna River Basin Compact (Public RIVER ENHANCEMENT PROJECT. Law 91–575), and section 2.2 of the Delaware The Secretary shall expedite completion of the Section 514(g) of the Water Resources Devel- River Basin Compact (Public Law 87–328), be- reports and, if the Secretary determines that the opment Act of 1999 (113 Stat. 343; 117 Stat. 142) ginning in fiscal year 2002, and each fiscal year project is feasible, shall expedite completion of is amended by striking ‘‘and 2004’’ and inserting thereafter, the Division Engineer, North Atlan- construction for the following projects: ‘‘through 2015’’. tic Division, Corps of Engineers— (1) False River, Louisiana, being carried out SEC. 5012. GREAT LAKES FISHERY AND ECO- (1) shall be the ex officio United States mem- under section 206 of the Water Resources Devel- SYSTEM RESTORATION. ber under the Susquehanna River Basin Com- opment Act of 1996 (33 U.S.C. 2330). Section 506(f)(3)(B) of the Water Resources pact, the Delaware River Basin Compact, and (2) Fulmer Creek, Village of Mohawk, New Development Act of 2000 (42 U.S.C. 1962d–22; 114 the Potomac River Basin Compact; York, being carried out under section 205 of the Stat. 2646) is amended by striking ‘‘50 percent’’ (2) shall serve without additional compensa- Flood Control Act of 1948 (33 U.S.C. 701s). and inserting ‘‘100 percent’’. tion; and (3) Moyer Creek, Village of Frankfort, New SEC. 5013. GREAT LAKES REMEDIAL ACTION (3) may designate an alternate member in ac- York, being carried out under section 205 of the PLANS AND SEDIMENT REMEDI- cordance with the terms of those compacts. Flood Control Act of 1948 (33 U.S.C. 701s). ATION. (b) AUTHORIZATION TO ALLOCATE.—The Sec- (4) Steele Creek, Village of Ilion, New York, Section 401(c) of the Water Resources Develop- retary shall allocate funds to the Susquehanna being carried out under section 205 of the Flood ment Act of 1990 (104 Stat. 4644; 33 U.S.C. 1268 River Basin Commission, Delaware River Basin Control Act of 1948 (33 U.S.C. 701s). note) is amended by striking ‘‘through 2006’’ Commission, and the Interstate Commission on (5) Oriskany Wildlife Management Area, and inserting ‘‘through 2012’’. the Potomac River Basin (Potomac River Basin Rome, New York, being carried out under sec- SEC. 5014. GREAT LAKES TRIBUTARY MODELS. Compact (Public Law 91–407)) to fulfill the equi- tion 206 of the Water Resources Development Section 516(g)(2) of the Water Resources De- table funding requirements of the respective Act of 1996 (33 U.S.C. 2330). velopment Act of 1996 (33 U.S.C. 2326b(g)(2)) is interstate compacts. (6) Whitney Point Lake, Otselic River, Whit- amended by striking ‘‘through 2006’’ and insert- (c) WATER SUPPLY AND CONSERVATION STOR- ney Point, New York, being carried out under ing ‘‘through 2012’’. AGE, DELAWARE RIVER BASIN.— section 1135 of the Water Resources Develop- SEC. 5015. GREAT LAKES NAVIGATION. (1) IN GENERAL.—The Secretary shall enter ment Act of 1986 (33 U.S.C. 2309a). (a) IN GENERAL.—Using available funds, the into an agreement with the Delaware River (7) North River, Peabody, Massachusetts, Secretary shall expedite the operation and Basin Commission to provide temporary water being carried out under section 205 of the Flood maintenance, including dredging, of the naviga- supply and conservation storage at the Francis Control Act of 1948 (33 U.S.C. 701s). tion features of the Great Lakes and Connecting E. Walter Dam, Pennsylvania, for any period (8) Chenango Lake, Chenango County, New Channels for the purpose of supporting commer- during which the Commission has determined York, being carried out under section 206 of the cial navigation to authorized project depths. that a drought warning or drought emergency Water Resources Development Act of 1996 (33 (b) GREAT LAKES AND CONNECTING CHANNELS exists. U.S.C. 2330). DEFINED.—In this section, the term ‘‘Great (2) LIMITATION.—The agreement shall provide SEC. 5008. EXPEDITED COMPLETION OF REPORTS Lakes and Connecting Channels’’ includes that the cost for water supply and conservation FOR CERTAIN PROJECTS. Lakes Superior, Huron, Michigan, Erie, and storage under paragraph (1) shall not exceed the (a) IN GENERAL.—The Secretary shall expedite Ontario, all connecting waters between and incremental operating costs associated with pro- completion of the reports for the following among such lakes used for commercial naviga- viding the storage. projects and, if the Secretary determines that a tion, any navigation features in such lakes or (d) WATER SUPPLY AND CONSERVATION STOR- project is justified in the completed report, pro- waters that are a Federal operation or mainte- AGE, SUSQUEHANNA RIVER BASIN.— ceed directly to project preconstruction, engi- nance responsibility, and areas of the Saint (1) IN GENERAL.—The Secretary shall enter neering, and design: Lawrence River that are operated or maintained into an agreement with the Susquehanna River (1) Project for water supply, Little Red River, by the Federal government for commercial navi- Basin Commission to provide temporary water Arkansas. gation. supply and conservation storage at Federal fa- (2) Project for shoreline stabilization at SEC. 5016. UPPER MISSISSIPPI RIVER DISPERSAL cilities operated by the Corps of Engineers in the Egmont Key, Florida. BARRIER PROJECT. Susquehanna River Basin for any period for (3) Project for ecosystem restoration, Univer- (a) IN GENERAL.—The Secretary, in consulta- which the Commission has determined that a sity Lake, Baton Rouge, Louisiana. tion with appropriate Federal and State agen- drought warning or drought emergency exists. (4) Project for navigation, Sabine-Neches Wa- cies, shall study, design, and carry out a project (2) LIMITATION.—The agreement shall provide terway, Texas and Louisiana. for preventing and reducing the dispersal of that the cost for water supply and conservation (b) SPECIAL RULE FOR EGMONT KEY, FLOR- aquatic nuisance species through the Upper storage under paragraph (1) shall not exceed the IDA.—In carrying out the project for shoreline Mississippi River system. The Secretary shall incremental operating costs associated with pro- stabilization at Egmont Key, Florida, referred to complete the study, design, and construction of viding the storage. in subsection (a)(3), the Secretary shall waive the project not later than 6 months after the (e) WATER SUPPLY AND CONSERVATION STOR- any cost share to be provided by non-Federal in- date of enactment of this Act. AGE, POTOMAC RIVER BASIN.— terests for any portion of the project that bene- (b) DISPERSAL BARRIER.—The Secretary, at (1) IN GENERAL.—The Secretary shall enter fits federally owned property. Federal expense, shall— into an agreement with the Potomac River

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00074 Fmt 7634 Sfmt 6333 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3637 Basin Commission to provide temporary water burn, Alabama. There is authorized to be appro- SEC. 5033. ST. HERMAN AND ST. PAUL HARBORS, supply and conservation storage at Federal fa- priated $5,000,000 to carry out this section. KODIAK, ALASKA. cilities operated by the Corps of Engineers in the SEC. 5025. PINHOOK CREEK, HUNTSVILLE, ALA- The Secretary shall carry out, on an emer- Potomac River Basin for any period for which BAMA. gency basis, necessary removal of rubble, sedi- the Commission has determined that a drought (a) PROJECT AUTHORIZATION.—The Secretary ment, and rock impeding the entrance to the St. warning or drought emergency exists. shall design and construct the locally preferred Herman and St. Paul Harbors, Kodiak, Alaska, (2) LIMITATION.—The agreement shall provide plan for flood protection at Pinhook Creek, at a Federal cost of $2,000,000. that the cost for water supply and conservation Huntsville, Alabama. In carrying out the SEC. 5034. TANANA RIVER, ALASKA. storage under paragraph (1) shall not exceed the project, the Secretary shall utilize, to the extent The Secretary shall carry out, on an emer- incremental operating costs associated with pro- practicable, the existing detailed project report gency basis, the removal of the hazard to navi- viding the storage. for the project prepared under the authority of gation on the Tanana River, Alaska, near the SEC. 5018. CHESAPEAKE BAY ENVIRONMENTAL section 205 of the Flood Control Act of 1948 (33 mouth of the Chena River, as described in the RESTORATION AND PROTECTION U.S.C. 701s). January 3, 2005, memorandum from the Com- PROGRAM. (b) PARTICIPATION BY NON-FEDERAL INTER- mander, Seventeenth Coast Guard District, to (a) FORM OF ASSISTANCE.—Section 510(a)(2) of EST.—The Secretary shall allow the non-Federal the Corps of Engineers, Alaska District, Anchor- the Water Resources Development Act of 1996 interest to participate in the financing of the age, Alaska. (110 Stat. 3759) is amended by striking ‘‘, and project in accordance with section 903(c) of the SEC. 5035. VALDEZ, ALASKA. beneficial uses of dredged material’’ and insert- Water Resources Development Act of 1986 (100 The Secretary is authorized to construct a ing ‘‘, beneficial uses of dredged material, and Stat. 4184) to the extent that the Secretary’s small boat harbor in Valdez, Alaska, at a total restoration of submerged aquatic vegetation’’. evaluation indicates that applying such section cost of $20,000,000, with an estimated Federal (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- is necessary to implement the project. cost of $10,500,000 and an estimated non-Federal tion 510(i) of such Act (110 Stat. 3761) is amend- (c) CREDIT.—The Secretary shall credit toward ed by striking ‘‘$10,000,000’’ and inserting the non-Federal share of the cost of the project cost of $9,500,000. ‘‘$50,000,000’’. the cost of work carried out by the non-Federal SEC. 5036. WHITTIER, ALASKA. SEC. 5019. HYPOXIA ASSESSMENT. interest before the date of the partnership agree- (a) STUDY.—The Secretary shall conduct, at The Secretary may participate with Federal, ment for the project if the Secretary determines Federal expense, a study to determine the feasi- State, and local agencies, non-Federal and non- that the work is integral to the project. bility of carrying out projects for navigation at profit entities, regional researchers, and other SEC. 5026. ALASKA. Whittier, Alaska, to construct a new boat har- interested parties to assess hypoxia in the Gulf Section 570 of the Water Resources Develop- bor at the head of Whittier Bay and to expand of Mexico. ment Act of 1999 (113 Stat. 369) is amended— the existing harbor and, if the Secretary deter- SEC. 5020. POTOMAC RIVER WATERSHED ASSESS- (1) in subsection (c) by inserting ‘‘environ- mines that a project is feasible, the Secretary MENT AND TRIBUTARY STRATEGY mental restoration,’’ after ‘‘water supply and may carry out the project. EVALUATION AND MONITORING PRO- related facilities,’’; (b) NON-FEDERAL COST SHARE.—The non-Fed- GRAM. (2) in subsection (e)(3)(B) by striking the last eral interest for the project may use, and the The Secretary may participate in the Potomac sentence; Secretary shall accept, funds provided by a Fed- River Watershed Assessment and Tributary (3) in subsection (h) by striking ‘‘$25,000,000’’ eral agency under any other Federal program, Strategy Evaluation and Monitoring Program to and inserting ‘‘$45,000,000’’; and to satisfy, in whole or in part, the non-Federal identify a series of resource management indica- (4) by adding at the end the following: share of the cost of the project if such funds are tors to accurately monitor the effectiveness of ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding authorized to be used to carry out the project. the implementation of the agreed upon tributary section 221(b) of the Flood Control Act of 1970 (c) AUTHORIZATION OF APPROPRIATIONS.— strategies and other public policies that pertain (42 U.S.C. 1962d–5b(b)), a non-Federal interest There is authorized to be appropriated to carry to natural resource protection of the Potomac may include for any project undertaken under out this section $35,200,000. River watershed. this section a nonprofit entity with the consent SEC. 5037. WRANGELL HARBOR, ALASKA. of the affected local government. SEC. 5021. LOCK AND DAM SECURITY. (a) GENERAL NAVIGATION FEATURES.—In car- ‘‘(j) CORPS OF ENGINEERS EXPENSES.—Ten per- (a) STANDARDS.—The Secretary, in consulta- rying out the project for navigation, Wrangell tion with the Federal Emergency Management cent of the amounts appropriated to carry out this section may be used by the Corps of Engi- Harbor, Alaska, authorized by section 101(b)(1) Agency, the Tennessee Valley Authority, and of the Water Resources Development Act of 1999 the Coast Guard, shall develop standards for the neers district offices to administer projects under this section at Federal expense.’’. (113 Stat. 279), the Secretary shall consider the security of locks and dams, including the testing dredging of the mooring basin and construction SEC. 5027. BARROW, ALASKA. and certification of vessel exclusion barriers. of the inner harbor facilities to be general navi- The Secretary shall carry out, under section (b) SITE SURVEYS.—At the request of a lock or gation features for purposes of estimating the 117 of the Energy and Water Development Ap- dam owner, the Secretary shall provide tech- non-Federal share of project costs. propriations Act, 2005 (118 Stat. 2944), a non- nical assistance, on a reimbursable basis, to im- (b) REVISION OF PARTNERSHIP AGREEMENT.— structural project for coastal erosion and storm prove lock or dam security. The Secretary shall revise the partnership damage prevention and reduction at Barrow, (c) COOPERATIVE AGREEMENT.—The Secretary agreement for the project to reflect the change Alaska, including relocation of infrastructure. may enter into a cooperative agreement with a required by subsection (a). nonprofit alliance of public and private organi- SEC. 5028. COFFMAN COVE, ALASKA. The Secretary is authorized to carry out a SEC. 5038. AUGUSTA AND CLARENDON, ARKAN- zations that has the mission of promoting safe SAS. waterways and seaports to carry out testing and project for navigation, Coffman Cove, Alaska, (a) IN GENERAL.—The Secretary is authorized certification activities, and to perform site sur- at a total cost of $3,000,000. to perform operation, maintenance, and reha- veys, under this section. SEC. 5029. FIRE ISLAND, ALASKA. bilitation of authorized and completed levees on (d) AUTHORIZATION OF APPROPRIATIONS.— (a) IN GENERAL.—The Secretary is authorized the White River between Augusta and There is authorized to be appropriated $3,000,000 to provide planning, design, and construction Clarendon, Arkansas. to carry out this section. assistance to the non-Federal interest for the (b) REIMBURSEMENT.—After performing the construction of a causeway between Point SEC. 5022. REHABILITATION. operation, maintenance, and rehabilitation Campbell and Fire Island, Alaska, including the The Secretary, at Federal expense and not to under subsection (a), the Secretary shall seek beneficial use of dredged material in the con- exceed $1,000,000, shall rehabilitate and improve reimbursement from the Secretary of the Interior struction of the causeway. the water-related infrastructure and the trans- of an amount equal to the costs allocated to portation infrastructure for the historic prop- (b) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated $5,000,000 benefits to a Federal wildlife refuge of such op- erty in the Anacostia River Watershed located eration, maintenance, and rehabilitation. in the District of Columbia, including measures to carry out this section. to address wet weather conditions. To carry out SEC. 5030. FORT YUKON, ALASKA. SEC. 5039. DES ARC LEVEE PROTECTION, ARKAN- SAS. this section, the Secretary shall accept funds The Secretary shall make repairs to the dike The Secretary shall review the project for provided for such project under any other Fed- at Fort Yukon, Alaska, so that the dike meets flood control, Des Arc, Arkansas, to determine eral program. Corps of Engineers standards. SEC. 5031. KOTZEBUE HARBOR, ALASKA. whether bank and channel scour along the SEC. 5023. RESEARCH AND DEVELOPMENT PRO- White River threaten the existing project and GRAM FOR COLUMBIA AND SNAKE The Secretary is authorized to carry out a RIVER SALMON SURVIVAL. project for navigation, Kotzebue Harbor, whether the scour is as a result of a design defi- Section 511 of the Water Resources Develop- Kotzebue, Alaska, at total cost of $2,200,000. ciency. If the Secretary determines that such conditions exist as a result of a deficiency, the ment Act of 1996 (16 U.S.C. 3301 note; 110 Stat. SEC. 5032. LOWELL CREEK TUNNEL, SEWARD, 3761; 113 Stat. 375) is amended— ALASKA. Secretary shall carry out measures to eliminate (1) in subsection (a)(6) by striking (a) LONG-TERM MAINTENANCE AND REPAIR.— the deficiency. ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’; and The Secretary shall assume responsibility for the SEC. 5040. LOOMIS LANDING, ARKANSAS. (2) in subsection (c)(2) by striking ‘‘$1,000,000’’ long-term maintenance and repair of the Lowell The Secretary shall conduct a study of shore and inserting ‘‘$10,000,000’’. Creek Tunnel. damage in the vicinity of Loomis Landing, Ar- SEC. 5024. AUBURN, ALABAMA. (b) STUDY.—The Secretary shall conduct a kansas, to determine if the damage is the result The Secretary may provide technical assist- study to determine whether alternative methods of a Federal navigation project, and, if the Sec- ance relating to water supply to the city of Au- of flood diversion in Lowell Canyon are feasible. retary determines that the damage is the result

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00075 Fmt 7634 Sfmt 6333 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3638 CONGRESSIONAL RECORD — HOUSE April 19, 2007 of a Federal navigation project, the Secretary (1) by striking ‘‘$25,000,000’’ and inserting SEC. 5051. SAN FRANCISCO, CALIFORNIA, WATER- shall carry out a project to mitigate the damage ‘‘$28,000,000’’; and FRONT AREA. under section 111 of the River and Harbor Act of (2) by striking ‘‘$7,000,000’’ and inserting (a) AREA TO BE DECLARED NONNAVIGABLE; 1968 (33 U.S.C. 426i). ‘‘$10,000,000’’. PUBLIC INTEREST.—Unless the Secretary finds, after consultation with local and regional public SEC. 5041. ST. FRANCIS RIVER BASIN, ARKANSAS SEC. 5047. LOS OSOS, CALIFORNIA. officials (including local and regional public AND MISSOURI. Section 219(c)(27) of the Water Resources De- The Secretary shall conduct a study of in- planning organizations), that the proposed velopment Act of 1992 (106 Stat. 4835; 114 Stat. projects to be undertaken within the boundaries creased siltation and streambank erosion in the 2763A–219) is amended to read as follows: St. Francis River Basin, Arkansas and Missouri, of the portion of the San Francisco, California, ‘‘(27) LOS OSOS, CALIFORNIA.—Wastewater in- waterfront area described in subsection (b) are to determine if the siltation or erosion, or both, frastructure, Los Osos, California.’’. are the result of a Federal flood control project not in the public interest, such portion is de- and, if the Secretary determines that the silta- SEC. 5048. PINE FLAT DAM AND RESERVOIR, CALI- clared to be nonnavigable waters of the United FORNIA. tion or erosion, or both, are the result of a Fed- States. (b) NORTHERN EMBARCADERO SOUTH OF BRY- eral flood control project, the Secretary shall (a) IN GENERAL.—The Secretary shall review ANT STREET.—The portion of the San Francisco, carry out a project to mitigate the siltation or the Kings River Fisheries Management Program California, waterfront area referred to in sub- erosion, or both. Framework Agreement, dated May 29, 1999, among the California Department of Fish and section (a) is as follows: Beginning at the inter- SEC. 5042. CAMBRIA, CALIFORNIA. Game, the Kings River Water Association, and section of the northeasterly prolongation of that Section 219(f)(48) of the Water Resources De- the Kings River Conservation District and, if portion of the northwesterly line of Bryant velopment Act of 1992 (114 Stat. 2763A–220) is the Secretary determines that the management Street lying between Beale Street and Main amended— Street with the southwesterly line of Spear (1) by striking ‘‘$10,300,000’’ and inserting the program is feasible, the Secretary may participate in the management program. Street, which intersection lies on the line of ju- following: risdiction of the San Francisco Port Commis- ‘‘(A) IN GENERAL.—$10,300,000’’; (b) PROHIBITION.—Nothing in this section au- (2) by adding at the end the following: thorizes any project for the raising of, or the sion; following thence southerly along said line ‘‘(B) CREDIT.—The Secretary shall credit to- construction of, a multilevel intake structure at of jurisdiction as described in the State of Cali- ward the non-Federal share of the cost of the Pine Flat Dam, California. fornia Harbor and Navigation Code Section project not to exceed $3,000,000 for the cost of (c) USE OF EXISTING STUDIES.—In carrying 1770, as amended in 1961, to its intersection with planning and design work carried out by the out this section, the Secretary shall use, to the the easterly line of Townsend Street along a line non-Federal interest before the date of the part- maximum extent practicable, studies in existence that is parallel and distant 10 feet southerly nership agreement for the project if the Sec- on the date of enactment of this Act, including from the existing southern boundary of Pier 40 produced to its point of intersection with the retary determines that the work is integral to data and environmental documentation in the United States Government pier-head line; thence the project.’’; and Report of the Chief of Engineers, Pine Flat Dam (3) by aligning the remainder of the text of and Reservoir, Fresno County, California, dated northerly along said pier-head line to its inter- subparagraph (A) (as designated by paragraph July 19, 2002. section with a line parallel with, and distant 10 feet easterly from, the existing easterly bound- (1) of this section) with subparagraph (B) (as (d) CREDIT.—The Secretary shall credit to- ary line of Pier 30–32; thence northerly along added by paragraph (2) of this section). ward the non-Federal share of the cost of the said parallel line and its northerly prolongation, project the cost of planning, design, and con- SEC. 5043. CONTRA COSTA CANAL, OAKLEY AND to a point of intersection with a line parallel KNIGHTSEN, CALIFORNIA; MALLARD struction work carried out by the non-Federal with, and distant 10 feet northerly from, the ex- SLOUGH, PITTSBURG, CALIFORNIA. interest before the date of the partnership agree- isting northerly boundary of Pier 30–32, thence Sections 512 and 514 of the Water Resources ment for the project if the Secretary determines westerly along last said parallel line to its inter- Development Act of 2000 (114 Stat. 2650) are that the work is integral to the project. each amended by adding at the end the fol- section with the United States Government pier- (e) AUTHORIZATION OF APPROPRIATIONS.— head line; to the northwesterly line of Bryant lowing: ‘‘All planning, study, design, and con- There is authorized to be appropriated to struction on the project shall be carried out by Street produced northwesterly; thence south- $20,000,000 to carry out this section. westerly along said northwesterly line of Bryant the office of the district engineer, San Fran- SEC. 5049. RAYMOND BASIN, SIX BASINS, CHINO cisco, California.’’. Street produced to the point of beginning. BASIN, AND SAN GABRIEL BASIN, (c) REQUIREMENT THAT AREA BE IMPROVED.— SEC. 5044. DANA POINT HARBOR, CALIFORNIA. CALIFORNIA. The declaration of nonnavigability under sub- The Secretary shall conduct a study of the (a) COMPREHENSIVE PLAN.—The Secretary, in section (a) applies only to those parts of the causes of water quality degradation within consultation and coordination with appropriate area described in subsection (b) that are or will Dana Point Harbor, California, to determine if Federal, State, and local entities, shall develop be bulkheaded, filled, or otherwise occupied by the degradation is the result of a Federal navi- a comprehensive plan for the management of permanent structures and does not affect the gation project, and, if the Secretary determines water resources in the Raymond Basin, Six Ba- applicability of any Federal statute or regula- that the degradation is the result of a Federal sins, Chino Basin, and San Gabriel Basin, Cali- tion applicable to such parts the day before the navigation project, the Secretary shall carry out fornia. The Secretary may carry out activities date of enactment of this Act, including sections a project to mitigate the degradation at Federal identified in the comprehensive plan to dem- 9 and 10 of the Act of March 3, 1899 (33 U.S.C. expense. onstrate practicable alternatives for water re- 401 and 403; 30 Stat. 1151), commonly known as SEC. 5045. EAST SAN JOAQUIN COUNTY, CALI- sources management. the Rivers and Harbors Appropriation Act of FORNIA. (b) NON-FEDERAL SHARE.— 1899, section 404 of the Federal Water Pollution Section 219(f)(22) of the Water Resources De- (1) IN GENERAL.—The non-Federal share of Control Act (33 U.S.C. 1344), and the National velopment Act of 1992 (113 Stat. 336) is amend- the cost of activities carried out under this sec- Environmental Policy Act of 1969 (42 U.S.C. 4321 ed— tion shall be 35 percent. et seq.). (1) by striking ‘‘$25,000,000’’ and inserting the (2) CREDIT.—The Secretary shall credit toward (d) EXPIRATION DATE.—If, 20 years from the following: the non-Federal share of the cost of activities date of enactment of this Act, any area or part ‘‘(A) IN GENERAL.—$25,000,000’’; carried out under this section the cost of plan- thereof described in subsection (b) is not bulk- (2) by adding at the end the following: ning, design, and construction work completed headed or filled or occupied by permanent struc- ‘‘(B) CREDIT.—The Secretary shall credit to- by or on behalf of the non-Federal interests for tures, including marina facilities, in accordance ward the non-Federal share of the cost of the implementation of measures under this section. with the requirements set out in subsection (c), project (i) the cost of design and construction The amount of such credit shall not exceed the or if work in connection with any activity perwork carried out by the non-Federal interest be- non-Federal share of the cost of such activities. mitted in subsection (c) is not commenced within fore, on, or after the date of the partnership (3) OPERATION AND MAINTENANCE.—The non- 5 years after issuance of such permits, then the agreement for the project if the Secretary deter- Federal share of the cost of operation and main- declaration of nonnavigability for such area or mines that the work is integral to the project; tenance of any measures constructed under this part thereof shall expire. and (ii) the cost of provided for the project by section shall be 100 percent. SEC. 5052. SAN PABLO BAY, CALIFORNIA, WATER- the non-Federal interest. (c) AUTHORIZATION OF APPROPRIATIONS.— SHED AND SUISUN MARSH ECO- ‘‘(C) IN-KIND CONTRIBUTIONS.—The non-Fed- SYSTEM RESTORATION. eral interest may provide any portion of the There is authorized to be appropriated to carry out this section $5,000,000. (a) SAN PABLO BAY WATERSHED, CALI- non-Federal share of the cost of the project in FORNIA.— the form of in-kind services and materials.’’; SEC. 5050. SAN FRANCISCO, CALIFORNIA. (1) IN GENERAL.—The Secretary shall complete and (a) IN GENERAL.—The Secretary, in coopera- work, as expeditiously as possible, on the ongo- (3) by aligning the remainder of the text of tion with the Port of San Francisco, California, ing San Pablo Bay watershed, California, study subparagraph (A) (as designated by paragraph may carry out the project for repair and re- to determine the feasibility of opportunities for (1) of this section) with subparagraph (B) (as moval, as appropriate, of Piers 30-32, 35, 36, 70 restoring, preserving and protecting the San added by paragraph (2) of this section). (including Wharves 7 and 8), and 80 in San Pablo Bay watershed. SEC. 5046. EASTERN SANTA CLARA BASIN, CALI- Francisco, California, substantially in accord- (2) REPORT.—Not later than March 31, 2008, FORNIA. ance with the Port’s redevelopment plan. the Secretary shall submit to Congress a report Section 111(c) of the Miscellaneous Appropria- (b) AUTHORIZATION OF APPROPRIATION.— on the results of the study. tions Act, 2001 (as enacted into law by Public There is authorized to be appropriated (b) SUISUN MARSH, CALIFORNIA.—The Sec- Law 106–554; 114 Stat. 2763A–224) is amended— $25,000,000 to carry out this subsection. retary shall conduct a comprehensive study to

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 7634 Sfmt 6333 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3639 determine the feasibility of opportunities for re- a reference to the ‘‘Charles Hervey Townshend (8) Flood control levee projects in Brookport, storing, preserving and protecting the Suisun Breakwater’’. Shawneetown, Old Shawneetown, Golconda, Marsh, California. SEC. 5055. FLORIDA KEYS WATER QUALITY IM- Rosiclare, Harrisburg, and Reevesville, Illinois. (c) SAN PABLO AND SUISUN BAY MARSH WA- PROVEMENTS. (e) JUSTIFICATION.—The reconstruction of a TERSHED CRITICAL RESTORATION PROJECTS.— Section 109 of the Miscellaneous Appropria- project authorized by this section shall not be (1) IN GENERAL.—The Secretary may partici- tions Act, 2001 (enacted into law by Public Law considered a separable element of the project. pate in critical restoration projects that will 106–554) (114 Stat. 2763A–222) is amended— (f) AUTHORIZATION OF APPROPRIATIONS.— produce, consistent with Federal programs, (1) by adding at the end of subsection (e)(2) There is authorized to be appropriated— projects, and activities, immediate and substan- the following: (1) $15,000,000 to carry out the projects de- tial ecosystem restoration, preservation, and ‘‘(C) CREDIT FOR WORK PRIOR TO EXECUTION scribed in paragraphs (1) through (7) of sub- protection benefits in the following sub-water- OF THE PARTNERSHIP AGREEMENT.—The Sec- section (d); and sheds of the San Pablo and Suisun Bay Marsh retary shall credit toward the non-Federal share (2) $15,000,000 to carry out the projects de- watersheds: of the cost of the project— scribed in subsection (d)(8). (A) The tidal areas of the Petaluma River, ‘‘(i) the cost of construction work carried out Such sums shall remain available until ex- Napa-Sonoma Marsh. by the non-Federal interest before the date of pended. (B) The shoreline of West Contra Costa Coun- the partnership agreement for the project if the SEC. 5059. ILLINOIS RIVER BASIN RESTORATION. ty. Secretary determines that the work is integral to (a) EXTENSION OF AUTHORIZATION.—Section (C) Novato Creek. the project; and 519(c)(2) of the Water Resources Development (D) Suisun Marsh. ‘‘(ii) the cost of land acquisition carried out Act of 2000 (114 Stat. 2654) is amended by strik- (E) Gallinas-Miller Creek. by the non-Federal interest for projects to be ing ‘‘2004’’ and inserting ‘‘2010’’. (2) TYPES OF ASSISTANCE.—Participation in carried out under this section.’’; and (b) IN-KIND SERVICES.—Section 519(g)(3) of critical restoration projects under this sub- (2) in subsection (f) by striking ‘‘$100,000,000’’ such Act (114 Stat. 2655) is amended by inserting section may include assistance for planning, de- and inserting ‘‘$100,000,000, of which not more before the period at the end of the first sentence sign, or construction. than $15,000,000 may be used to provide plan- ‘‘if such services are provided not more than 5 (d) NON-FEDERAL INTERESTS.—Notwith- ning, design, and construction assistance to the years before the date of initiation of the project standing section 221(b) of the Flood Control Act Florida Keys Aqueduct Authority for a water or activity’’. of 1970 (42 U.S.C. 1962d–5b(b)), a non-Federal treatment plant, Florida City, Florida’’. (c) NONPROFIT ENTITIES AND MONITORING.— interest may include for any project undertaken SEC. 5056. LAKE WORTH, FLORIDA. Section 519 of such Act (114 Stat. 2654) is amend- under this section a nonprofit entity with the The Secretary may carry out necessary repairs ed by adding at the end the following: consent of the affected local government. for the Lake Worth bulkhead replacement ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding (e) CREDIT.—The Secretary shall credit toward project, West Palm Beach, Florida, at an esti- section 221(b) of the Flood Control Act of 1970 the non-Federal share of the cost of construc- mated total cost of $9,000,000. (42 U.S.C. 1962d–5b(b)), a non-Federal interest tion of a project under this section— SEC. 5057. RILEY CREEK RECREATION AREA, may include for any project undertaken under (1) the value of any lands, easements, rights- IDAHO. this section a nonprofit entity, with the consent of-way, dredged material disposal areas, or relo- The Secretary is authorized to carry out the of the affected local government. cations provided by the non-Federal interest for Riley Creek Recreation Area Operation Plan of ‘‘(i) MONITORING.—The Secretary shall de- carrying out the project, regardless of the date the Albeni Falls Management Plan, dated Octo- velop an Illinois river basin monitoring program of acquisition; ber 2001, for the Riley Creek Recreation Area, to support the plan referred to in subsection (b). (2) funds received from the CALFED Bay- Albeni Falls Dam, Bonner County, Idaho. Data collected under the monitoring program Delta program; and SEC. 5058. RECONSTRUCTION OF ILLINOIS FLOOD shall incorporate data provided by the State of (3) the cost of the studies, design, and con- PROTECTION PROJECTS. Illinois and shall be publicly accessible through struction work carried out by the non-Federal (a) IN GENERAL.—The Secretary may partici- electronic means.’’. interest before the date of execution of a part- pate in the reconstruction of an eligible flood SEC. 5060. KASKASKIA RIVER BASIN, ILLINOIS, nership agreement for the project if the Sec- control project if the Secretary determines that RESTORATION. retary determines that the work is integral to such reconstruction is not required as a result of (a) KASKASKIA RIVER BASIN DEFINED.—In this the project. improper operation and maintenance of the section, the term ‘‘Kaskaskia River Basin’’ (f) AUTHORIZATION OF APPROPRIATIONS.— project by the non-Federal interest. means the Kaskaskia River, Illinois, its back- There is authorized to be appropriated to carry (b) COST SHARING.—The non-Federal share of waters, its side channels, and all tributaries, in- out this section $40,000,000. the costs for the reconstruction of a flood con- cluding their watersheds, draining into the trol project authorized by this section shall be Kaskaskia River. SEC. 5053. STOCKTON, CALIFORNIA. the same non-Federal share that was applicable (b) COMPREHENSIVE PLAN.— (a) REEVALUATION.—The Secretary shall re- to construction of the project. The non-Federal (1) DEVELOPMENT.—The Secretary shall de- evaluate the feasibility of the Lower Mosher interest shall be responsible for operation and velop, as expeditiously as practicable, a com- Slough element and the levee extensions on the maintenance and repair of a project for which prehensive plan for the purpose of restoring, Upper Calaveras River element of the project for reconstruction is undertaken under this section. preserving, and protecting the Kaskaskia River flood control, Stockton Metropolitan Area, Cali- (c) RECONSTRUCTION DEFINED.—In this sec- Basin. fornia, carried out under section 211(f)(3) of the tion, the term ‘‘reconstruction’’, as used with re- (2) TECHNOLOGIES AND INNOVATIVE AP- Water Resources Development Act of 1996 (110 spect to a project, means addressing major PROACHES.—The comprehensive plan shall pro- Stat. 3683), to determine the eligibility of such project deficiencies caused by long-term deg- vide for the development of new technologies elements for reimbursement under section 211 of radation of the foundation, construction mate- and innovative approaches— such Act (33 U.S.C. 701b–13). rials, or engineering systems or components of (A) to enhance the Kaskaskia River as a PECIAL RULES FOR REEVALUATION.—In (b) S the project, the results of which render the transportation corridor; conducting the reevaluation under subsection project at risk of not performing in compliance (B) to improve water quality within the entire (a), the Secretary shall not reject a feasibility with its authorized project purposes. In address- Kaskaskia River Basin; determination based on one or more of the poli- ing such deficiencies, the Secretary may incor- (C) to restore, enhance, and preserve habitat cies of the Corps of Engineers concerning the porate current design standards and efficiency for plants and wildlife; frequency of flooding, the drainage area, and improvements, including the replacement of ob- (D) to ensure aquatic integrity of sidechannels the amount of runoff. solete mechanical and electrical components at and backwaters and their connectivity with the (c) REIMBURSEMENT.—If the Secretary deter- pumping stations, if such incorporation does not mainstem river; mines that the elements referred to subsection significantly change the scope, function, and (E) to increase economic opportunity for agri- (a) are feasible, the Secretary shall reimburse, purpose of the project as authorized. culture and business communities; and subject to appropriations, the non-Federal inter- (d) ELIGIBLE PROJECTS.—The following flood (F) to reduce the impacts of flooding to com- est under section 211 of the Water Resources De- control projects are eligible for reconstruction munities and landowners. velopment Act of 1996 for the Federal share of under this section: (3) SPECIFIC COMPONENTS.—The comprehen- the cost of such elements. (1) Clear Creek Drainage and Levee District, sive plan shall include such features as are nec- SEC. 5054. CHARLES HERVEY TOWNSHEND Illinois. essary to provide for— BREAKWATER, NEW HAVEN HARBOR, (2) Fort Chartres and Ivy Landing Drainage (A) the development and implementation of a CONNECTICUT. District, Illinois. program for sediment removal technology, sedi- (a) DESIGNATION.—The western breakwater (3) Cairo, Illinois Mainline Levee, Cairo, Illi- ment characterization, sediment transport, and for the project for navigation, New Haven Har- nois. beneficial uses of sediment; bor, Connecticut, authorized by the first section (4) Goose Pond Pump Station, Cairo, Illinois. (B) the development and implementation of a of the Act of September 19, 1890 (26 Stat. 426), (5) Cottonwood Slough Pump Station, Alex- program for the planning, conservation, evalua- shall be known and designated as the ‘‘Charles ander County, Illinois. tion, and construction of measures for fish and Hervey Townshend Breakwater’’. (6) 10th and 28th Street Pump Stations, Cairo, wildlife habitat conservation and rehabilitation, (b) REFERENCES.—Any reference in a law, Illinois. and stabilization and enhancement of land and map, regulation, document, paper, or other (7) Prairie Du Pont Levee and Sanitary Dis- water resources in the basin; record of the United States to the breakwater re- trict, including Fish Lake Drainage and Levee (C) the development and implementation of a ferred to in subsection (a) shall be deemed to be District, Illinois. long-term resource monitoring program;

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00077 Fmt 7634 Sfmt 6333 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3640 CONGRESSIONAL RECORD — HOUSE April 19, 2007 (D) a conveyance study of the Kaskaskia SEC. 5061. FLOODPLAIN MAPPING, LITTLE CAL- the Secretary determines that the project is fea- River floodplain from Vandalia, Illinois, to UMET RIVER, CHICAGO, ILLINOIS. sible, the Secretary shall carry out the project at Carlyle Lake to determine the impacts of exist- (a) IN GENERAL.—The Secretary shall provide a total cost of $3,000,000. ing and future waterfowl improvements on flood assistance for a project to develop maps identi- SEC. 5066. SOUTHERN AND EASTERN KENTUCKY. stages, including detailed surveys and mapping fying 100- and 500-year flood inundation areas Section 531 of the Water Resources Develop- information to ensure proper hydraulic and along the Little Calumet River, Chicago, Illi- ment Act of 1996 (110 Stat. 3773; 113 Stat. 348; hydrological analysis; nois. 117 Stat. 142) is amended by adding the fol- (E) the development and implementation of a (b) REQUIREMENTS.—Maps developed under lowing: computerized inventory and analysis system; the project shall include hydrologic and hy- ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten per- and draulic information and shall accurately show cent of the amounts appropriated to carry out (F) the development and implementation of a the flood inundation of each property by flood this section may be used by the Corps of Engi- systemic plan to reduce flood impacts by means risk in the floodplain. The maps shall be pro- neers district offices to administer projects under of ecosystem restoration projects. duced in a high resolution format and shall be this section at Federal expense.’’. (4) CONSULTATION.—The comprehensive plan made available to all flood prone areas along SEC. 5067. WINCHESTER, KENTUCKY. shall be developed by the Secretary in consulta- the Little Calumet River, Chicago, Illinois, in an Section 219(c) of the Water Resources Develop- tion with appropriate Federal agencies, the electronic format. ment Act of 1992 (106 Stat. 4835; 114 Stat. 2763A– State of Illinois, and the Kaskaskia River Wa- (c) PARTICIPATION OF FEMA.—The Secretary 219) is amended by adding at the end the fol- tershed Association. and the non-Federal interests for the project lowing: EPORT TO CONGRESS (5) R .—Not later than 2 shall work with the Director of the Federal ‘‘(41) WINCHESTER, KENTUCKY.—Wastewater years after the date of enactment of this Act, Emergency Management Agency to ensure the infrastructure, Winchester, Kentucky.’’. the Secretary shall transmit to Congress a report validity of the maps developed under the project SEC. 5068. BATON ROUGE, LOUISIANA. containing the comprehensive plan. for flood insurance purposes. Section 219(f)(21) of the Water Resources De- (6) ADDITIONAL STUDIES AND ANALYSES.—After (d) FORMS OF ASSISTANCE.—In carrying out velopment Act of 1992 (113 Stat. 336; 114 Stat. transmission of a report under paragraph (5), the project, the Secretary may enter into con- 2763A–220) is amended by striking ‘‘$20,000,000’’ the Secretary shall conduct studies and anal- tracts or cooperative agreements with the non- and inserting ‘‘$35,000,000’’. yses of projects related to the comprehensive Federal interests or provide reimbursements of plan that are appropriate and consistent with project costs. SEC. 5069. CALCASIEU SHIP CHANNEL, LOU- ISIANA. this subsection. (e) FEDERAL SHARE.—The Federal share of the (c) GENERAL PROVISIONS.— cost of the project shall be 50 percent. The Secretary shall expedite completion of a (1) WATER QUALITY.—In carrying out activi- (f) AUTHORIZATION OF APPROPRIATIONS.— dredged material management plan for the ties under this section, the Secretary’s rec- There is authorized to be appropriated to carry Calcasieu Ship Channel, Louisiana, and may ommendations shall be consistent with applica- out this section $2,000,000. take interim measures to increase the capacity of existing disposal areas, or to construct new ble State water quality standards. SEC. 5062. PROMONTORY POINT, LAKE MICHIGAN, (2) PUBLIC PARTICIPATION.—In developing the ILLINOIS. confined or beneficial use disposal areas, for the channel. comprehensive plan under subsection (b), the (a) REVIEW.— Secretary shall implement procedures to facili- (1) IN GENERAL.—The Secretary may carry out SEC. 5070. CROSS LAKE, SHREVEPORT, LOU- tate public participation, including providing a third-party review of the Promontory Point ISIANA. advance notice of meetings, providing adequate project along the Chicago Shoreline, Chicago, The Secretary may accept from the Depart- opportunity for public input and comment, Illinois, at a cost not to exceed $450,000. ment of the Air Force, and may use, not to ex- maintaining appropriate records, and making a (2) JOINT REVIEW.—The Buffalo and Seattle ceed $4,500,000 to assist the city of Shreveport, record of the proceedings of meetings available districts of the Corps of Engineers shall jointly Louisiana, with its plan to construct a water infor public inspection. conduct the review. take facility. (d) CRITICAL PROJECTS AND INITIATIVES.—If (3) STANDARDS.—The review shall be based on SEC. 5071. WEST BATON ROUGE PARISH, LOU- the Secretary, in cooperation with appropriate the standards under part 68 of title 36, Code of ISIANA. Federal agencies and the State of Illinois, deter- Federal Regulations, for implementation by the (a) MODIFICATION OF STUDY.—The study for mines that a project or initiative for the non-Federal sponsor for the Chicago Shoreline, waterfront and riverine preservation, restora- Kaskaskia River Basin will produce inde- Chicago, Illinois, project. tion, and enhancement, Mississippi River, West pendent, immediate, and substantial benefits, (b) CONTRIBUTIONS.—The Secretary shall ac- Baton Rouge Parish, Louisiana, being carried the Secretary may proceed expeditiously with cept from a State or political subdivision of a out under Committee Resolution 2570 of the the implementation of the project. State voluntarily contributed funds to initiate Committee on Transportation and Infrastruc- (e) COORDINATION.—The Secretary shall inte- the third-party review under subsection (a). ture of the House of Representatives adopted grate activities carried out under this section (c) EFFECT OF SECTION.—Nothing in this sec- July 23, 1998, is modified— with ongoing Federal and State programs, tion affects the authorization for the project for (1) to add West Feliciana Parish and East projects, and activities, including the following: the Chicago Shoreline, Chicago, Illinois. Baton Rouge Parish to the geographic scope of the study; and (1) Farm programs of the Department of Agri- SEC. 5063. BURNS WATERWAY HARBOR, INDIANA. (2) to direct the Secretary to credit toward the culture. The Secretary shall conduct a study of (2) Conservation Reserve Enhancement Pro- non-Federal share the cost of the study and the shoaling in the vicinity of Burns Waterway non-Federal share of the cost of any project au- gram (State of Illinois) and Conservation 2000 Harbor, Indiana, to determine if the shoaling is Ecosystem Program of the Illinois Department of thorized by law as a result of the study the cost the result of a Federal navigation project, and, of work carried out by the non-Federal interest Natural Resources. if the Secretary determines that the shoaling is (3) Conservation 2000 Conservation Practices before the date of the partnership agreement for the result of a Federal navigation project, the Program and the Livestock Management Facili- the project if the Secretary determines that the Secretary shall carry out a project to mitigate ties Act administered by the Illinois Department work is integral to the study or project, as the the shoaling under section 111 of the River and of Agriculture. case may be. Harbor Act of 1968 (33 U.S.C. 426). (4) National Buffer Initiative of the Natural (b) EXPEDITED CONSIDERATION.—Section Resources Conservation Service. SEC. 5064. CALUMET REGION, INDIANA. 517(5) of the Water Resources Development Act (5) Nonpoint source grant program adminis- Section 219(f)(12) of the Water Resources De- of 1999 (113 Stat. 345) is amended to read as fol- tered by the Illinois Environmental Protection velopment Act of 1992 (113 Stat. 335; 117 Stat. lows: Agency. 1843) is amended— ‘‘(5) Mississippi River, West Baton Rouge, (6) Other programs that may be developed by (1) by striking ‘‘$30,000,000’’ and inserting the West Feliciana, and East Baton Rouge Parishes, the State of Illinois or the Federal Government, following: Louisiana, project for waterfront and riverine or that are carried out by non-profit organiza- ‘‘(A) IN GENERAL.—$100,000,000’’; preservation, restoration, and enhancement tions, to carry out the objectives of the (2) by adding at the end the following: modifications.’’. Kaskaskia River Basin Comprehensive Plan. ‘‘(B) CREDIT.—The Secretary shall credit to- SEC. 5072. CHARLESTOWN, MARYLAND. (f) IN-KIND SERVICES.—The Secretary may ward the non-Federal share of the cost of the (a) IN GENERAL.—The Secretary may carry credit the cost of in-kind services provided by project the cost of planning and design work out a project for nonstructural flood damage re- the non-Federal interest for an activity carried carried out by the non-Federal interest before, duction and ecosystem restoration at Charles- out under this section toward not more than 80 on, or after the date of the partnership agree- town, Maryland. percent of the non-Federal share of the cost of ment for the project if the Secretary determines (b) LAND ACQUISITION.—The flood damage re- the activity. In-kind services shall include all that the work is integral to the project.’’; and duction component of the project may include State funds expended on programs that accom- (3) by aligning the remainder of the text of the acquisition of private property from willing plish the goals of this section, as determined by subparagraph (A) (as designated by paragraph sellers. the Secretary. The programs may include the (1) of this section) with subparagraph (B) (as (c) JUSTIFICATION.—Any nonstructural flood Kaskaskia River Conservation Reserve Program, added by paragraph (2) of this section). damage reduction project to be carried out the Illinois Conservation 2000 Program, the SEC. 5065. PADUCAH, KENTUCKY. under this section that will result in the conver- Open Lands Trust Fund, and other appropriate The Secretary shall complete a feasibility re- sion of property to use for ecosystem restoration programs carried out in the Kaskaskia River port for rehabilitation of the project for flood and wildlife habitat shall be justified based on Basin. damage reduction, Paducah, Kentucky, and, if national ecosystem restoration benefits.

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(d) USE OF ACQUIRED PROPERTY.—Property COUNTY, MILLE LACS COUNTY, MILLE LACS INDIAN logically related habitats located in Harrison, acquired under this section shall be maintained RESERVATION, AND KATHIO TOWNSHIP’’; Hancock, and Jackson Counties, Mississippi, in public ownership for ecosystem restoration (2) by striking ‘‘$11,000,000’’ and inserting under section 204 of the Water Resources Devel- and wildlife habitat. ‘‘$17,000,000’’; opment Act of 1992 (33 U.S.C. 2326), the Sec- (e) ABILITY TO PAY.—In determining the ap- (3) by inserting ‘‘, Crow Wing County, Mille retary shall accept any portion of the non-Fed- propriate non-Federal cost share for the project, Lacs County, Mille Lacs Indian Reservation (10 eral share of the cost of the project in the form the Secretary shall determine the ability of Cecil Stat. 1165),’’ after ‘‘Garrison’’; and of in-kind services and materials. County, Maryland, to participate as a cost- (4) by adding at the end the following: ‘‘Such SEC. 5084. MISSISSIPPI RIVER, MISSOURI AND IL- sharing non-Federal interest in accordance with assistance shall be provided directly to the Gar- LINOIS. section 103(m) of the Water Resources Develop- rison-Kathio-West Mille Lacs Lake Sanitary As a part of the operation and maintenance of ment Act of 1986 (33 U.S.C. 2213(m)). District, Minnesota, except for assistance pro- the project for the Mississippi River (Regulating (f) AUTHORIZATION OF APPROPRIATIONS.— vided directly to the Mille Lacs Band of Ojibwe Works), between the Ohio and Missouri Rivers, There is authorized to be appropriated $2,000,000 at the discretion of the Secretary.’’. Missouri and Illinois, authorized by the first to carry out this section. (b) PROCEDURES.—In carrying out the project section of an Act entitled ‘‘Making appropria- SEC. 5073. ANACOSTIA RIVER, DISTRICT OF CO- authorized by such section 219(f)(61), the Sec- tions for the construction, repair, and preserva- LUMBIA AND MARYLAND. retary may use the cost sharing and contracting tion of certain public works on rivers and har- (a) COMPREHENSIVE ACTION PLAN.—Not later procedures available to the Secretary under sec- bors, and for other purposes’’, approved June than one year after the date of enactment of tion 569 of the Water Resources Development 25, 1910, the Secretary may carry out activities this Act, the Secretary, in coordination with the Act of 1999 (113 Stat. 368). necessary to restore and protect fish and wild- Mayor of the District of Columbia, the Governor SEC. 5079. ITASCA COUNTY, MINNESOTA. life habitat in the middle Mississippi River sys- of Maryland, the county executives of Mont- The Secretary shall carry out a project for tem. Such activities may include modification of gomery County and Prince George’s County, flood damage reduction, Trout Lake and navigation training structures, modification and Maryland, and other interested entities, shall Canisteo Pit, Itasca County, Minnesota, irre- creation of side channels, modification and cre- develop and make available to the public a 10- spective of normal policy considerations. ation of islands, and studies and analysis nec- year comprehensive action plan to provide for SEC. 5080. MINNEAPOLIS, MINNESOTA. essary to apply adaptive management principles the restoration and protection of the ecological (a) CONVEYANCE.—The Secretary shall convey in design of future work. integrity of the Anacostia River and its tribu- to the city of Minneapolis by quitclaim deed and taries. SEC. 5085. ST. LOUIS, MISSOURI. without consideration all right, title, and inter- (b) PUBLIC AVAILABILITY.—On completion of Section 219(f)(32) of the Water Resources De- the comprehensive action plan under subsection est of the United States to the property known velopment Act of 1992 (113 Stat. 337) is amend- (a), the Secretary shall make the plan available as the War Department (Fort Snelling Inter- ed— to the public, including on the Internet. ceptor) Tunnel in Minneapolis, Minnesota. (1) by striking ‘‘project’’ and inserting (b) APPLICABILITY OF PROPERTY SCREENING SEC. 5074. DELMARVA CONSERVATION CORRIDOR, ‘‘projects’’; DELAWARE AND MARYLAND. PROVISIONS.—Section 2696 of title 10, United (2) by striking ‘‘$15,000,000’’ and inserting (a) ASSISTANCE.—The Secretary may provide States Code, shall not apply to the conveyance ‘‘$35,000,000’’; and technical assistance to the Secretary of Agri- under this section. (3) by inserting ‘‘and St. Louis County’’ be- culture for use in carrying out the Conservation SEC. 5081. NORTHEASTERN MINNESOTA. fore ‘‘, Missouri’’. Corridor Demonstration Program established (a) IN GENERAL.—Section 569 of the Water Re- SEC. 5086. HACKENSACK MEADOWLANDS AREA, under subtitle G of title II of the Farm Security sources Development Act of 1999 (113 Stat. 368) NEW JERSEY. and Rural Investment Act of 2002 (16 U.S.C. 3801 is amended— Section 324 of the Water Resources Develop- note; 116 Stat. 275). (1) in subsection (a) by striking ‘‘Benton, ment Act of 1992 (106 Stat. 4849; 110 Stat. 3779) (b) COORDINATION AND INTEGRATION.—In car- Sherburne,’’ and inserting ‘‘Beltrami, Hubbard, is amended— rying out water resources projects in Delaware Wadena,’’; (1) in subsection (a)— and Maryland on the Delmarva Peninsula, the (2) by striking the last sentence of subsection (A) by striking ‘‘design’’ and inserting ‘‘plan- Secretary shall coordinate and integrate those (e)(3)(B); ning, design,’’; and projects, to the maximum extent practicable, (3) by striking subsection (g) and inserting the (B) by striking ‘‘Hackensack Meadowlands with any activities carried out to implement a following: Development’’ and all that follows through conservation corridor plan approved by the Sec- ‘‘(g) NONPROFIT ENTITIES.—Notwithstanding ‘‘Plan for’’ and inserting ‘‘New Jersey retary of Agriculture under section 2602 of the section 221(b) of the Flood Control Act of 1970 Meadowlands Commission for the development Farm Security and Rural Investment Act of 2002 (42 U.S.C. 1962d–5b(b)), a non-Federal interest of an environmental improvement program for’’; (16 U.S.C. 3801 note; 116 Stat. 275). may include for any project undertaken under (2) in subsection (b)— SEC. 5075. MASSACHUSETTS DREDGED MATERIAL this section a nonprofit entity.’’; (A) in the subsection heading by striking ‘‘RE- DISPOSAL SITES. (4) in subsection (h) by striking ‘‘$40,000,000’’ QUIRED’’; The Secretary may cooperate with Massachu- and inserting ‘‘$54,000,000’’; and (B) by striking ‘‘shall’’ and inserting ‘‘may’’; setts in the management and long-term moni- (5) by adding at the end the following: (C) by striking paragraph (1) and inserting toring of aquatic dredged material disposal sites ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten per- the following: within the State, and is authorized to accept cent of the amounts appropriated to carry out ‘‘(1) Restoration and acquisitions of signifi- funds from the State to carry out such activities. this section may be used by the Corps of Engi- cant wetlands and aquatic habitat that con- SEC. 5076. ONTONAGON HARBOR, MICHIGAN. neers district offices to administer projects under tribute to the Meadowlands ecosystem.’’; The Secretary shall conduct a study of shore this section at Federal expense.’’. (D) in paragraph (2) by inserting ‘‘and aquat- damage in the vicinity of the project for naviga- (b) BIWABIK, MINNESOTA.—The Secretary ic habitat’’ before the period at the end; and tion, Ontonagon Harbor, Ontonagon County, shall reimburse the non-Federal interest for the (E) by striking paragraph (7) and inserting Michigan, authorized by section 101 of the Riv- project for environmental infrastructure, the following: ers and Harbors Act of 1962 (76 Stat. 1176, 100 Biwabik, Minnesota, carried out under section ‘‘(7) Research, development, and implementa- Stat. 4213, 110 Stat. 3730), to determine if the 569 of the Water Resources Development Act of tion for a water quality improvement program, damage is the result of a Federal navigation 1999 (113 Stat. 368), for planning, design, and including restoration of hydrology and tidal project, and, if the Secretary determines that construction costs that were incurred by the flows and remediation of hot spots and other the damage is the result of a Federal navigation non-Federal interest with respect to the project sources of contaminants that degrade existing or project, the Secretary shall carry out a project before the date of the partnership agreement for planned sites.’’; to mitigate the damage under section 111 of the the project and that were in excess of the non- (3) in subsection (c) by inserting before the River and Harbor Act of 1968 (33 U.S.C. 426i). Federal share of the cost of the project if the last sentence the following: ‘‘The non-Federal Secretary determines that the costs are appro- SEC. 5077. CROOKSTON, MINNESOTA. sponsor may also provide in-kind services, not to The Secretary shall conduct a study for a priate. exceed the non-Federal share of the total project project for emergency streambank protection SEC. 5082. WILD RICE RIVER, MINNESOTA. cost, and may also receive credit for reasonable along the Red Lake River in Crookston, Min- The Secretary shall expedite the completion of cost of design work completed prior to entering nesota, and, if the Secretary determines that the the general reevaluation report, authorized by into the partnership agreement with the Sec- project is feasible, the Secretary may carry out section 438 of the Water Resources Development retary for a project to be carried out under the the project under section 14 of the Flood Control Act of 2000 (114 Stat. 2640), for the project for program developed under subsection (a).’’; and Act of 1946 (33 U.S.C. 701r); except that the max- flood protection, Wild Rice River, Minnesota, (4) in subsection (d) by striking ‘‘$5,000,000’’ imum amount of Federal funds that may be ex- authorized by section 201 of the Flood Control and inserting ‘‘$35,000,000’’. pended for the project shall be $6,500,000. Act of 1970 (84 Stat. 1825), to develop alter- SEC. 5087. ATLANTIC COAST OF NEW YORK. SEC. 5078. GARRISON AND KATHIO TOWNSHIP, natives to the Twin Valley Lake feature, and (a) DEVELOPMENT OF PROGRAM.—Section MINNESOTA. upon the completion of such report, shall con- 404(a) of the Water Resources Development Act (a) PROJECT DESCRIPTION.—Section 219(f)(61) struct the project at a total cost of $20,000,000. of 1992 (106 Stat. 4863) is amended— of the Water Resources Development Act of 1992 SEC. 5083. HARRISON, HANCOCK, AND JACKSON (1) by striking ‘‘processes’’ and inserting ‘‘and (114 Stat. 2763A–221) is amended— COUNTIES, MISSISSIPPI. related environmental processes’’; (1) in the paragraph heading by striking ‘‘AND In carrying out projects for the protection, (2) by inserting after ‘‘Atlantic Coast’’ the fol- KATHIO TOWNSHIP’’ and inserting ‘‘, CROW WING restoration, and creation of aquatic and eco- lowing: ‘‘(and associated back bays)’’;

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00079 Fmt 7634 Sfmt 6333 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3642 CONGRESSIONAL RECORD — HOUSE April 19, 2007 (3) by inserting after ‘‘actions’’ the following: project the cost of planning, design, and con- ter Dam, at different water levels, to determine ‘‘, environmental restoration or conservation struction work carried out by the non-Federal its impact on water and related resources in and measures for coastal and back bays,’’; and interest before the date of the partnership agree- along the Lehigh River in Lehigh County, (4) by adding at the end the following: ‘‘The ment for the project if the Secretary determines Pennsylvania. There is authorized to be appro- plan for collecting data and monitoring infor- that the work is integral to the project. priated $500,000 to carry out this section. mation included in such annual report shall be SEC. 5095. TOUSSAINT RIVER, OHIO. SEC. 5101. NORTHEAST PENNSYLVANIA. fully coordinated with and agreed to by appro- (a) IN GENERAL.—The project for navigation, Section 219(f)(11) of the Water Resources De- priate agencies of the State of New York.’’. Toussaint River, Carroll Township, Ohio, au- velopment Act of 1992 (113 Stat. 335) is amended (b) ANNUAL REPORTS.—Section 404(b) of such thorized by section 107 of the River and Harbor by striking ‘‘and Monroe’’ and inserting Act is amended— Act of 1960 (33 U.S.C. 577), is modified to au- ‘‘Northumberland, Union, Snyder, Luzerne, and (1) by striking ‘‘INITIAL PLAN.—Not later than thorize the Secretary to enter into an agreement Monroe’’. 12 months after the date of the enactment of this with the non-Federal interest under which the SEC. 5102. UPPER SUSQUEHANNA RIVER BASIN, Act, the’’ and inserting ‘‘ANNUAL REPORTS.— Secretary may— PENNSYLVANIA AND NEW YORK. The’’; (1) acquire, and transfer to the non-Federal (a) STUDY AND STRATEGY DEVELOPMENT.— (2) by striking ‘‘initial plan for data collection interest, a dredge and associated equipment Section 567(a) of the Water Resources Develop- and monitoring’’ and inserting ‘‘annual report with the capacity to perform operation and ment Act of 1996 (110 Stat. 3787; 114 Stat. 2662) of data collection and monitoring activities’’; maintenance of the project; and is amended— and (2) provide the non-Federal interest with a (3) by striking the last sentence. lump-sum payment to cover all future costs of (1) in the matter preceding paragraph (1) by inserting ‘‘and carry out’’ after ‘‘develop’’; and (c) AUTHORIZATION OF APPROPRIATIONS.—Sec- operation and maintenance of the project. tion 404(c) of such Act (113 Stat. 341) is amended (b) AGREEMENT.—The Secretary may carry out (2) in paragraph (2) by striking ‘‘$10,000,000.’’ by striking ‘‘and an additional total of subsection (a)(1) by entering into an agreement and inserting ‘‘$20,000,000, of which the Sec- $2,500,000 for fiscal years thereafter’’ and insert- with the non-Federal interest under which the retary may utilize not more than $5,000,000 to ing ‘‘$2,500,000 for fiscal years 2000 through non-Federal interest may acquire the dredge design and construct feasible pilot projects dur- 2004, and $7,500,000 for fiscal years beginning and associated equipment directly and be reim- ing the development of the strategy to dem- after September 30, 2004,’’. bursed by the Secretary. onstrate alternative approaches for the strategy. (d) TSUNAMI WARNING SYSTEM.—Section 404 of (c) AUTHORIZATION OF APPROPRIATIONS.— The total cost for any single pilot project may the Water Resources Development Act of 1992 There is authorized to be appropriated $1,800,000 not exceed $500,000. The Secretary shall evalu- (106 Stat. 4863) is amended by adding at the end to carry out this section. Of such funds, $500,000 ate the results of the pilot projects and consider the following: may be used to carry out subsection (a)(1). the results in the development of the strategy.’’. ‘‘(d) TSUNAMI WARNING SYSTEM.—There is au- (d) RELEASE.—Upon the acquisition and (b) COOPERATIVE AGREEMENTS.—Section 567(c) thorized to be appropriated $800,000 for the Sec- transfer of a dredge and associated equipment of such Act (114 Stat. 2662) is amended— retary to carry out a project for a tsunami under subsection (a)(1), and the payment of (1) in the subsection heading by striking ‘‘CO- warning system, Atlantic Coast of New York.’’. funds under subsection (a)(2), all future Federal OPERATION’’ and inserting ‘‘COOPERATIVE’’; and responsibility for operation and maintenance of (2) in the first sentence— SEC. 5088. COLLEGE POINT, NEW YORK CITY, NEW YORK. the project is extinguished. (A) by inserting ‘‘and carrying out’’ after ‘‘de- In carrying out section 312 of the Water Re- SEC. 5096. EUGENE, OREGON. veloping’’; and sources Development Act of 1990 (104 Stat. 4639), (a) IN GENERAL.—The Secretary shall conduct (B) by striking ‘‘cooperation’’ and inserting the Secretary shall give priority to work in Col- a study to determine the feasibility of restoring ‘‘cost-sharing and cooperative’’. lege Point, New York City, New York. the millrace in Eugene, Oregon, and, if the Sec- (c) IMPLEMENTATION OF STRATEGY.—Section retary determines that the restoration is fea- 567(d) of such Act (114 Stat. 2663) is amended— SEC. 5089. FLUSHING BAY AND CREEK, NEW YORK sible, the Secretary shall carry out the restora- (1) by striking ‘‘The Secretary’’ and inserting CITY, NEW YORK. tion. The Secretary shall credit toward the non- the following: (b) CONSIDERATION OF NONECONOMIC BENE- ‘‘(1) IN GENERAL.—The Secretary’’; Federal share of the cost of the project for eco- FITS.—In determining the feasibility of restoring (2) in the second sentence of paragraph (1) (as system restoration, Flushing Bay and Creek, the millrace, the Secretary shall include non- so designated)— New York City, New York, the cost of design economic benefits associated with the historical (A) by striking ‘‘implement’’ and inserting and construction work carried out by the non- significance of the millrace and associated with ‘‘carry out’’; and Federal interest before the date of the partner- preservation and enhancement of resources. (B) by striking ‘‘implementing’’ and inserting ship agreement for the project if the Secretary (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘carrying out’’; determines that the work is integral to the There is authorized to be appropriated to carry (3) by adding at the end the following: project. out this section $20,000,000. ‘‘(2) PRIORITY PROJECT.—In carrying out SEC. 5090. HUDSON RIVER, NEW YORK. SEC. 5097. FERN RIDGE DAM, OREGON. projects to implement the strategy, the Secretary The Secretary may participate with the State The Secretary may treat all work carried out shall give priority to the project for ecosystem of New York, New York City, and the Hudson for emergency corrective actions to repair the restoration, Cooperstown, New York, described River Park Trust in carrying out activities to re- embankment dam at the Fern Ridge Lake in the Upper Susquehanna River Basin—Coop- store critical marine habitat, improve safety, project, Oregon, as a dam safety project. The erstown Area Ecosystem Restoration Feasibility and protect and rehabilitate critical infrastruc- cost of work carried out may be recovered in ac- Study, dated December 2004, prepared by the ture. There is authorized to be appropriated cordance with section 1203 of the Water Re- Corps of Engineers and the New York State De- $5,000,000 to carry out this section. sources Development Act of 1986 (33 U.S.C. 467n; partment of Environmental Conservation.’’; and SEC. 5091. MOUNT MORRIS DAM, NEW YORK. 100 Stat. 4263). (4) by aligning the remainder of the text of As part of the operation and maintenance of SEC. 5098. ALLEGHENY COUNTY, PENNSYLVANIA. paragraph (1) (as designated by paragraph (1) the Mount Morris Dam, New York, the Sec- Section 219(f)(66) of the Water Resources De- of this subsection) with paragraph (2) (as added retary may make improvements to the access velopment Act of 1992 (114 Stat. 2763A–221) is by paragraph (3) of this subsection). road for the dam to provide safe access to a Fed- amended— (d) CREDIT.—Section 567 of such Act (110 Stat. eral visitor’s center. (1) by striking ‘‘$20,000,000’’ and inserting the 3787; 114 Stat. 2662) is amended by adding at the SEC. 5092. JOHN H. KERR DAM AND RESERVOIR, following: end the following: ‘‘(A) IN GENERAL.—$20,000,000’’; NORTH CAROLINA. ‘‘(e) CREDIT.—The Secretary shall credit to- The Secretary shall expedite the completion of (2) by adding at the end the following: ‘‘(B) CREDIT.—The Secretary shall credit toward the non-Federal share of the cost of a the calculations necessary to negotiate and exe- ward the non-Federal share of the cost of the project under this section— cute a revised, permanent contract for water project the cost of work carried out by the non- ‘‘(1) the cost of design and construction work supply storage at John H. Kerr Dam and Res- Federal interest before the date of the partner- carried out by the non-Federal interest before ervoir, North Carolina, among the Secretary and ship agreement for the project if the Secretary the date of the partnership agreement for the the Kerr Lake Regional Water System and the determines that the work is integral to the project if the Secretary determines that the work city of Henderson, North Carolina. project.’’; and is integral to the project; and SEC. 5093. STANLY COUNTY, NORTH CAROLINA. (3) by aligning the remainder of the text of ‘‘(2) the cost of in-kind services and materials Section 219(f)(64) of the Water Resources De- subparagraph (A) (as designated by paragraph provided for the project by the non-Federal in- velopment Act of 1992 (114 Stat. 2763A–221) is (1) of this section) with subparagraph (B) (as terest.’’. amended by inserting ‘‘water and’’ before added by paragraph (2) of this section). SEC. 5103. CANO MARTIN PENA, SAN JUAN, PUER- ‘‘wastewater’’. SEC. 5099. KEHLY RUN DAMS, PENNSYLVANIA. TO RICO. SEC. 5094. CINCINNATI, OHIO. Section 504(a)(2) of the Water Resources De- The Secretary shall review a report prepared (a) IN GENERAL.—The Secretary is authorized velopment Act of 1999 (113 Stat. 338; 117 Stat. by the non-Federal interest concerning flood to undertake the ecosystem restoration and 1842) is amended by striking ‘‘Dams’’ and insert- protection and environmental restoration for recreation components of the Central Riverfront ing ‘‘Dams No. 1–5’’. Cano Martin Pena, San Juan, Puerto Rico, and, Park Master Plan, dated December 1999, at a SEC. 5100. LEHIGH RIVER, LEHIGH COUNTY, if the Secretary determines that the report meets total cost of $25,000,000. PENNSYLVANIA. the evaluation and design standards of the (b) CREDIT.—The Secretary shall credit to- The Secretary shall use existing water quality Corps of Engineers and that the project is fea- ward the non-Federal share of the cost of the data to model the effects of the Francis E. Wal- sible, the Secretary may carry out the project at

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a total cost of $130,000,000, with an estimated ‘‘(C) INVESTMENT OF PRINCIPAL ACCOUNT.— ‘‘(ii) include the determination under clause Federal cost of $85,000,000 and an estimated ‘‘(i) INITIAL INVESTMENT.—Each amount de- (i) in the written findings of the audit. non-Federal cost of $45,000,000. posited in the principal account of the Fund ‘‘(5) MODIFICATION OF INVESTMENT REQUIRE- SEC. 5104. CHEYENNE RIVER SIOUX TRIBE, shall be invested initially in eligible obligations MENTS.— LOWER BRULE SIOUX TRIBE, AND having the shortest maturity then available ‘‘(A) IN GENERAL.—If the Secretary of the TERRESTRIAL WILDLIFE HABITAT until the date on which the amount is divided Treasury determines that meeting the require- RESTORATION, SOUTH DAKOTA. into 3 substantially equal portions and those ments under paragraph (2) with respect to the (a) DISBURSEMENT PROVISIONS OF THE STATE portions are invested in eligible obligations that investment of a Fund is not practicable, or OF SOUTH DAKOTA AND THE CHEYENNE RIVER are identical (except for transferability) to the would result in adverse consequences for the SIOUX TRIBE AND THE LOWER BRULE SIOUX next-issued publicly issued Treasury obligations Fund, the Secretary shall modify the require- TRIBE TERRESTRIAL WILDLIFE HABITAT RES- having a 2-year maturity, a 5-year maturity, ments, as the Secretary determines to be nec- TORATION TRUST FUNDS.—Section 602(a)(4) of and a 10-year maturity, respectively. essary. the Water Resources Development Act of 1999 ‘‘(ii) SUBSEQUENT INVESTMENT.—As each 2- ‘‘(B) CONSULTATION.—Before modifying a re- (113 Stat. 386) is amended— year, 5-year, and 10-year eligible obligation ma- quirement under subparagraph (A), the Sec- (1) in subparagraph (A)— tures, the principal of the maturing eligible obli- retary of the Treasury shall consult with the (A) in clause (i) by inserting ‘‘and the Sec- gation shall also be invested initially in the State regarding the proposed modification.’’; retary of the Treasury’’ after ‘‘Secretary’’; and shortest-maturity eligible obligation then avail- (2) in subsection (d)(2) by inserting ‘‘of the (B) by striking clause (ii) and inserting the able until the principal is reinvested substan- Treasury’’ after ‘‘Secretary’’; and following: tially equally in the eligible obligations that are (3) by striking subsection (f) and inserting the ‘‘(ii) AVAILABILITY OF FUNDS.—On notifica- identical (except for transferability) to the next- following: tion in accordance with clause (i), the Secretary issued publicly issued Treasury obligations hav- ‘‘(f) ADMINISTRATIVE EXPENSES.—There are of the Treasury shall make available to the ing 2-year, 5-year, and 10-year maturities. authorized to be appropriated to the Secretary State of South Dakota funds from the State of ‘‘(iii) DISCONTINUANCE OF ISSUANCE OF OBLI- of the Treasury to pay expenses associated with South Dakota Terrestrial Wildlife Habitat Res- GATIONS.—If the Department of the Treasury investing the Fund and auditing the uses of toration Trust Fund established under section discontinues issuing to the public obligations amounts withdrawn from the Fund— 603, to be used to carry out the plan for terres- having 2-year, 5-year, or 10-year maturities, the ‘‘(1) $500,000 for each of fiscal years 2006 and trial wildlife habitat restoration submitted by principal of any maturing eligible obligation 2007; and ‘‘(2) such sums as are necessary for each sub- the State of South Dakota after the State cer- shall be reinvested substantially equally in eligi- sequent fiscal year.’’. tifies to the Secretary of the Treasury that the ble obligations that are identical (except for (c) INVESTMENT PROVISIONS FOR THE CHEY- funds to be disbursed will be used in accordance transferability) to the next-issued publicly ENNE RIVER SIOUX TRIBE AND LOWER BRULE with section 603(d)(3) and only after the Trust issued Treasury obligations of the maturities SIOUX TRIBE TRUST FUNDS.—Section 604 of the Fund is fully capitalized.’’; and longer than 1 year then available. Water Resources Development Act of 1999 (113 (2) in subparagraph (B) by striking clause (ii) ‘‘(D) INVESTMENT OF INTEREST ACCOUNT.— and inserting the following: Stat. 389; 114 Stat. 2665) is amended— ‘‘(i) BEFORE FULL CAPITALIZATION.—Until the (1) by striking subsection (c) and inserting the ‘‘(ii) AVAILABILITY OF FUNDS.—On notifica- date on which the Fund is fully capitalized, following: tion in accordance with clause (i), the Secretary amounts in the interest account of the Fund ‘‘(c) INVESTMENTS.— of the Treasury shall make available to the shall be invested in eligible obligations that are ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwithstanding Cheyenne River Sioux Tribe and the Lower identical (except for transferability) to publicly any other provision of law, the Secretary of the Brule Sioux Tribe funds from the Cheyenne issued Treasury obligations that have maturities Treasury shall invest the amounts deposited River Sioux Terrestrial Wildlife Habitat Restora- that coincide, to the maximum extent prac- under subsection (b) and the interest earned on tion Trust Fund and the Lower Brule Sioux ticable, with the date on which the Fund is ex- those amounts only in interest-bearing obliga- Terrestrial Wildlife Habitat Restoration Trust pected to be fully capitalized. tions of the United States issued directly to the Fund, respectively, established under section ‘‘(ii) AFTER FULL CAPITALIZATION.—On and Funds. 604, to be used to carry out the plans for terres- after the date on which the Fund is fully cap- ‘‘(2) INVESTMENT REQUIREMENTS.— trial wildlife habitat restoration submitted by italized, amounts in the interest account of the ‘‘(A) IN GENERAL.—The Secretary of the the Cheyenne River Sioux Tribe and the Lower Fund shall be invested and reinvested in eligible Treasury shall invest the amounts in each of the Brule Sioux Tribe, respectively, to after the re- obligations having the shortest maturity then Funds in accordance with the requirements of spective tribe certifies to the Secretary of the available until the amounts are withdrawn and this paragraph. Treasury that the funds to be disbursed will be transferred to fund the activities authorized ‘‘(B) SEPARATE INVESTMENTS OF PRINCIPAL used in accordance with section 604(d)(3) and under subsection (d)(3). AND INTEREST.— only after the Trust Fund is fully capitalized.’’. ‘‘(E) PAR PURCHASE PRICE.—The price to be ‘‘(i) PRINCIPAL ACCOUNT.—The amounts de- (b) INVESTMENT PROVISIONS OF THE STATE OF paid for eligible obligations purchased as invest- posited in each Fund under subsection (b) shall SOUTH DAKOTA TERRESTRIAL WILDLIFE RES- ments of the principal account shall not exceed be credited to an account within the Fund (re- TORATION TRUST FUND.—Section 603 of the the par value of the obligations so that the ferred to in this paragraph as the ‘principal ac- Water Resources Development Act of 1999 (113 amount of the principal account shall be pre- count’) and invested as provided in subpara- Stat. 388; 114 Stat. 2664) is amended— served in perpetuity. graph (C). (1) by striking subsection (c) and inserting the ‘‘(F) HIGHEST YIELD.—Among eligible obliga- ‘‘(ii) INTEREST ACCOUNT.—The interest earned following: tions having the same maturity and purchase from investing amounts in the principal account ‘‘(c) INVESTMENTS.— price, the obligation to be purchased shall be the of each Fund shall be transferred to a separate ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwithstanding obligation having the highest yield. account within the Fund (referred to in this any other provision of law, the Secretary of the ‘‘(G) HOLDING TO MATURITY.—Eligible obliga- paragraph as the ‘interest account’) and in- Treasury shall invest the amounts deposited tions purchased shall generally be held to their vested as provided in subparagraph (D). under subsection (b) and the interest earned on maturities. ‘‘(iii) CREDITING.—The interest earned from those amounts only in interest-bearing obliga- ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI- investing amounts in the interest account of tions of the United States issued directly to the TIES.—Not less frequently than once each cal- each Fund shall be credited to the interest ac- Fund. endar year, the Secretary of the Treasury shall count. ‘‘(2) INVESTMENT REQUIREMENTS.— review with the State of South Dakota the re- ‘‘(C) INVESTMENT OF PRINCIPAL ACCOUNT.— ‘‘(A) IN GENERAL.—The Secretary of the sults of the investment activities and financial ‘‘(i) INITIAL INVESTMENT.—Each amount de- Treasury shall invest the amounts in the Fund status of the Fund during the preceding 12- posited in the principal account of each Fund in accordance with the requirements of this month period. shall be invested initially in eligible obligations paragraph. ‘‘(4) AUDITS.— having the shortest maturity then available ‘‘(B) SEPARATE INVESTMENTS OF PRINCIPAL ‘‘(A) IN GENERAL.—The activities of the State until the date on which the amount is divided AND INTEREST.— of South Dakota (referred to in this subsection into 3 substantially equal portions and those ‘‘(i) PRINCIPAL ACCOUNT.—The amounts de- as the ‘State’) in carrying out the plan of the portions are invested in eligible obligations that posited in the Fund under subsection (b) shall State for terrestrial wildlife habitat restoration are identical (except for transferability) to the be credited to an account within the Fund (re- under section 602(a) shall be audited as part of next-issued publicly issued Treasury obligations ferred to in this paragraph as the ‘principal ac- the annual audit that the State is required to having a 2-year maturity, a 5-year maturity, count’) and invested as provided in subpara- prepare under the Office of Management and and a 10-year maturity, respectively. graph (C). Budget Circular A–133 (or a successor circula- ‘‘(ii) SUBSEQUENT INVESTMENT.—As each 2- ‘‘(ii) INTEREST ACCOUNT.—The interest earned tion). year, 5-year, and 10-year eligible obligation ma- from investing amounts in the principal account ‘‘(B) DETERMINATION BY AUDITORS.—An audi- tures, the principal of the maturing eligible obli- of the Fund shall be transferred to a separate tor that conducts an audit under subparagraph gation shall also be invested initially in the account within the Fund (referred to in this (A) shall— shortest-maturity eligible obligation then avail- paragraph as the ‘interest account’) and in- ‘‘(i) determine whether funds received by the able until the principal is reinvested substan- vested as provided in subparagraph (D). State under this section during the period cov- tially equally in the eligible obligations that are ‘‘(iii) CREDITING.—The interest earned from ered by the audit were used to carry out the identical (except for transferability) to the next- investing amounts in the interest account of the plan of the State in accordance with this sec- issued publicly issued Treasury obligations hav- Fund shall be credited to the interest account. tion; and ing 2-year, 5-year, and 10-year maturities.

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‘‘(iii) DISCONTINUATION OF ISSUANCE OF OBLI- of the Treasury to pay expenses associated with tiously as practicable, a comprehensive plan for GATIONS.—If the Department of the Treasury investing the Funds and auditing the uses of development of new technologies and innovative discontinues issuing to the public obligations amounts withdrawn from the Funds— approaches for restoring, preserving, and pro- having 2-year, 5-year, or 10-year maturities, the ‘‘(1) $500,000 for each of fiscal years 2006 and tecting the Bosque River watershed within principal of any maturing eligible obligation 2007; and Bosque, Hamilton, McLennan, and Erath Coun- shall be reinvested substantially equally in eligi- ‘‘(2) such sums as are necessary for each sub- ties, Texas. The Secretary, in cooperation with ble obligations that are identical (except for sequent fiscal year.’’. the Secretary of Agriculture, may carry out ac- transferability) to the next-issued publicly SEC. 5105. FRITZ LANDING, TENNESSEE. tivities identified in the comprehensive plan to issued Treasury obligations of the maturities The Secretary shall— demonstrate practicable alternatives for sta- longer than 1 year then available. (1) conduct a study of the Fritz Landing Agri- bilization and enhancement of land and water ‘‘(D) INVESTMENT OF THE INTEREST AC- cultural Spur Levee, Tennessee, to determine the resources in the basin. COUNT.— extent of levee modifications that would be re- (b) SERVICES OF PUBLIC NON-PROFIT INSTITU- ‘‘(i) BEFORE FULL CAPITALIZATION.—Until the quired to make the levee and associated drain- TIONS AND OTHER ENTITIES.—In carrying out date on which each Fund is fully capitalized, age structures consistent with Federal stand- subsection (a), the Secretary may utilize, amounts in the interest account of the Fund ards; through contracts or other means, the services shall be invested in eligible obligations that are (2) design and construct such modifications; of public non-profit institutions and such other identical (except for transferability) to publicly and entities as the Secretary considers appropriate. issued Treasury obligations that have maturities (3) after completion of such modifications, in- (c) NON-FEDERAL SHARE.— that coincide, to the maximum extent prac- corporate the levee into the project for flood (1) CREDIT.—The Secretary shall credit toward ticable, with the date on which the Fund is ex- control, Mississippi River and Tributaries, au- the non-Federal share of the cost of activities pected to be fully capitalized. thorized by the Act entitled ‘‘An Act for the carried out under this section the cost of plan- ‘‘(ii) AFTER FULL CAPITALIZATION.—On and control of floods on the Mississippi River and its ning, design, and construction work completed after the date on which each Fund is fully cap- tributaries, and for other purposes’’, approved by or on behalf of the non-Federal interests for italized, amounts in the interest account of the May 15, 1928 (45 Stat. 534–539), commonly implementation of measures constructed with Fund shall be invested and reinvested in eligible known as the ‘‘Flood Control Act of 1928’’. assistance provided under this section. The obligations having the shortest maturity then SEC. 5106. J. PERCY PRIEST DAM AND RESERVOIR, amount of such credit shall not exceed the non- available until the amounts are withdrawn and TENNESSEE. Federal share of the cost of such activities. transferred to fund the activities authorized The Secretary shall plan, design, and con- (2) OPERATION AND MAINTENANCE.—The non- under subsection (d)(3). struct a trail system at the J. Percy Priest Dam Federal share of the cost of operation and main- ‘‘(E) PAR PURCHASE PRICE.—The price to be and Reservoir, Tennessee, authorized by section tenance for measures constructed with assist- paid for eligible obligations purchased as invest- 4 of the Act entitled ‘‘An Act authorizing the ance provided under this section shall be 100 ments of the principal account shall not exceed construction of certain public works on rivers percent. the par value of the obligations so that the and harbors for flood control, and for other pur- (d) AUTHORIZATION OF APPROPRIATIONS.— amount of the principal account shall be pre- poses’’, approved June 28, 1938 (52 Stat. 1217), There is authorized to be appropriated to carry served in perpetuity. and adjacent public property, including design out this section $10,000,000. ‘‘(F) HIGHEST YIELD.—Among eligible obliga- and construction of support facilities. In car- SEC. 5111. DALLAS FLOODWAY, DALLAS TEXAS. tions having the same maturity and purchase rying out such improvements, the Secretary is (a) IN GENERAL.—The project for flood con- price, the obligation to be purchased shall be the authorized to use funds made available by the trol, Trinity River and tributaries, Texas, au- obligation having the highest yield. State of Tennessee from any Federal or State thorized by section 2 of the Act entitled, ‘‘An ‘‘(G) HOLDING TO MATURITY.—Eligible obliga- source, or both. Act authorizing the construction, repair, and tions purchased shall generally be held to their SEC. 5107. TOWN CREEK, LENOIR CITY, TEN- preservation of certain public works on rivers maturities. NESSEE. and harbors, and for other purposes’’, approved ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI- The Secretary shall design and construct the March 2, 1945 (59 Stat. 18), is modified to— TIES.—Not less frequently than once each cal- project for flood damage reduction designated as (1) direct the Secretary to review the Balanced endar year, the Secretary of the Treasury shall Alternative 4 in the Town Creek, Lenoir City, Vision Plan for the Trinity River Corridor, Dal- review with the Cheyenne River Sioux Tribe and Loudon County, Tennessee, feasibility report of las, Texas, dated December 2003 and amended in the Lower Brule Sioux Tribe (referred to in this the Nashville district engineer, dated November March 2004, prepared by the non-Federal inter- subsection as the ‘Tribes’) the results of the in- 2000, under the authority of section 205 of the est for the project; vestment activities and financial status of the Flood Control Act of 1948 (33 U.S.C. 701s), not- (2) direct the Secretary to review the Interior Funds during the preceding 12-month period. withstanding section 1 of the Flood Control Act Levee Drainage Study Phase-I report, Dallas, ‘‘(4) AUDITS.— of June 22, 1936 (33 U.S.C. 701a; 49 Stat. 1570). Texas, dated September 2006, prepared by the ‘‘(A) IN GENERAL.—The activities of the Tribes The non-Federal share of the cost of the project non-Federal interest; and in carrying out the plans of the Tribes for ter- (3) if the Secretary determines that the project shall be subject to section 103(m) of the Water restrial wildlife habitat restoration under sec- is technically sound and environmentally ac- Resources Development Act of 1986 (33 U.S.C. tion 602(a) shall be audited as part of the an- ceptable, authorize the Secretary to construct 2213(m)). nual audit that the Tribes are required to pre- the project at a total cost of $459,000,000, with pare under the Office of Management and SEC. 5108. TENNESSEE RIVER PARTNERSHIP. an estimated Federal cost of $298,000,000 and an Budget Circular A–133 (or a successor circula- (a) IN GENERAL.—As part of the operation and estimated non-Federal cost of $161,000,000. tion). maintenance of the project for navigation, Ten- (b) CREDIT.— ‘‘(B) DETERMINATION BY AUDITORS.—An audi- nessee River, Tennessee, Alabama, Mississippi, (1) IN-KIND CONTRIBUTIONS.—The Secretary tor that conducts an audit under subparagraph and Kentucky, authorized by the first section of shall credit toward the non-Federal share of the (A) shall— the River and Harbor Act of July 3, 1930 (46 cost of the project the cost of planning, design, ‘‘(i) determine whether funds received by the Stat. 927), the Secretary may enter into a part- and construction work carried out by the non- Tribes under this section during the period cov- nership with a nonprofit entity to remove debris Federal interest before the date of the partner- ered by the audit were used to carry out the from the Tennessee River in the vicinity of ship agreement for the project if the Secretary plan of the appropriate Tribe in accordance Knoxville, Tennessee, by providing a vessel to determines that the work is integral to the with this section; and such entity, at Federal expense, for such debris project. ‘‘(ii) include the determination under clause removal purposes. (2) CASH CONTRIBUTIONS.—The Secretary shall (i) in the written findings of the audit. (b) AUTHORIZATION OF APPROPRIATIONS.— accept funds provided by the non-Federal inter- ‘‘(5) MODIFICATION OF INVESTMENT REQUIRE- There is authorized to be appropriated to carry est for use in carrying out planning, engineer- MENTS.— out this section $500,000. ing, and design for the project. The Federal ‘‘(A) IN GENERAL.—If the Secretary of the SEC. 5109. UPPER MISSISSIPPI EMBAYMENT, TEN- share of such planning, engineering, and design Treasury determines that meeting the require- NESSEE, ARKANSAS, AND MIS- carried out with non-Federal contributions shall ments under paragraph (2) with respect to the SISSIPPI. be credited against the non-Federal share of the investment of a Fund is not practicable, or The Secretary may participate with non-Fed- cost of the project. would result in adverse consequences for the eral and nonprofit entities to address issues con- SEC. 5112. HARRIS COUNTY, TEXAS. Fund, the Secretary shall modify the require- cerning managing groundwater as a sustainable (a) IN GENERAL.—Section 575(a) of the Water ments, as the Secretary determines to be nec- resource through the Upper Mississippi Resources Development Act of 1996 (110 Stat. essary. Embayment, Tennessee, Arkansas, and Mis- 3789; 113 Stat. 311) is amended by inserting be- ‘‘(B) CONSULTATION.—Before modifying a re- sissippi, and coordinating the protection of fore the period at the end the following: ‘‘, quirement under subparagraph (A), the Sec- groundwater supply and groundwater quality whether or not such works or actions are par- retary of the Treasury shall consult with the with local surface water protection programs. tially funded under the hazard mitigation grant Tribes regarding the proposed modification.’’; There is authorized to be appropriated $5,000,000 program of the Federal Emergency Management and to carry out this section. Agency’’. (2) by striking subsection (f) and inserting the SEC. 5110. BOSQUE RIVER WATERSHED, TEXAS. (b) SPECIFIC PROJECTS.—Section 575(b) of such following: (a) COMPREHENSIVE PLAN.—The Secretary, in Act (110 Stat. 3789; 113 Stat. 311) is amended— ‘‘(f) ADMINISTRATIVE EXPENSES.—There are consultation with appropriate Federal, State, (1) in paragraph (3) by striking ‘‘and’’ at the authorized to be appropriated to the Secretary and local entities, shall develop, as expedi- end;

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(2) in paragraph (4) by striking the period at (1) in subsection (b)(1) by striking ‘‘may con- ‘‘(15) BUFFALO BAYOU, TEXAS.—A project for the end and inserting ‘‘; and’’; and struct’’ and inserting ‘‘shall construct’’; and flood control, Buffalo Bayou, Texas, to provide (3) by adding the following: (2) by inserting ‘‘and ecosystem restoration’’ an alternative to the project authorized by the ‘‘(5) the project for flood control, Upper White after ‘‘erosion protection’’ each place it appears. first section of the River and Harbor Act of June Oak Bayou, Texas, authorized by section 401(a) SEC. 5120. WEST VIRGINIA AND PENNSYLVANIA 20, 1938 (52 Stat. 804) and modified by section 3a of the Water Resources Development Act of 1986 FLOOD CONTROL. of the Flood Control Act of August 11, 1939 (53 (100 Stat. 4125).’’. (a) CHEAT AND TYGART RIVER BASINS, WEST Stat. 1414). SEC. 5113. ONION CREEK, TEXAS. VIRGINIA.—Section 581(a)(1) of the Water Re- ‘‘(16) HALLS BAYOU, TEXAS.—A project for In carrying out the study for the project for sources Development Act of 1996 (110 Stat. 3790; flood control, Halls Bayou, Texas, to provide an flood damage reduction, recreation, and eco- 113 Stat. 313) is amended— alternative to the project for flood control, Buf- system restoration, Onion Creek, Texas, the Sec- (1) by striking ‘‘flood control measures’’ and falo Bayou and tributaries, Texas, authorized retary shall include the costs and benefits asso- inserting ‘‘structural and nonstructural flood by section 101(a)(21) of the Water Resources De- ciated with the relocation of flood-prone resi- control, streambank protection, stormwater velopment Act of 1990 (104 Stat. 4610).’’. management, and channel clearing and modi- dences in the study area for the project in the TITLE VI—FLORIDA EVERGLADES period beginning 2 years before the date of initi- fication measures’’; and (2) by inserting ‘‘with respect to measures that SEC. 6001. HILLSBORO AND OKEECHOBEE AQUI- ation of the study and ending on the date of FER, FLORIDA. execution of the partnership agreement for con- incorporate levees or floodwalls’’ before the (a) MODIFICATION.—The project for Hillsboro struction of the project to the extent the Sec- semicolon. and Okeechobee Aquifer, Florida, authorized by retary determines such relocations are compat- (b) PRIORITY COMMUNITIES.—Section 581(b) of section 101(a)(16) of the Water Resources Devel- ible with the project. The Secretary shall credit the Water Resources Development Act of 1996 opment Act of 1999 (113 Stat. 276), is modified to toward the non-Federal share of the cost of the (110 Stat. 3791) is amended— (1) by striking ‘‘and’’ at the end of paragraph authorize the Secretary to carry out the project project the cost of relocation of such flood-prone (5); at a total cost of $42,500,000. residences incurred by the non-Federal interest (2) by striking the period at the end of para- (b) TREATMENT.—Section 601(b)(2)(A) of the before the date of the partnership agreement for graph (6) and inserting a semicolon; and Water Resources Development Act of 2000 (114 the project if the Secretary determines that the (3) by adding at the end the following: Stat. 2681) is amended— relocation of such residences is integral to the ‘‘(7) Etna, Pennsylvania, in the Pine Creek (1) in clause (i) by adding at the end the fol- project. watershed; and lowing: ‘‘The project for aquifer storage and re- SEC. 5114. EASTERN SHORE AND SOUTHWEST VIR- ‘‘(8) Millvale, Pennsylvania, in the Girty’s covery, Hillsboro and Okeechobee Aquifer, Flor- GINIA. Run River basin.’’. ida, authorized by section 101(a)(16) of the Section 219(f)(10) of the Water Resources De- (c) AUTHORIZATION OF APPROPRIATIONS.—Sec- Water Resources Development Act of 1999 (113 velopment Act of 1992 (106 Stat. 4835; 113 Stat. tion 581(c) of the Water Resources Development Stat. 276), shall be treated for purposes of this 335) is amended— Act of 1996 (110 Stat. 3791) is amended by strik- section as being in the Plan, except that oper- (1) by striking ‘‘$20,000,000 for water supply ing ‘‘$12,000,000’’ and inserting ‘‘$90,000,000’’. ation and maintenance costs of the project shall and wastewater infrastructure’’ and inserting SEC. 5121. CENTRAL WEST VIRGINIA. remain a non-Federal responsibility.’’; and the following: Section 571 of the Water Resources Develop- (2) in clause (iii) by inserting after ‘‘subpara- ‘‘(A) IN GENERAL.—$20,000,000 for water sup- ment Act of 1999 (113 Stat. 371) is amended— graph (B)’’ the following: ‘‘and the project for ply, wastewater infrastructure, and environ- (1) in subsection (a)— aquifer storage and recovery, Hillsboro and mental restoration’’; (A) by striking ‘‘Nicholas,’’; and Okeechobee Aquifer’’. (2) by adding at the end the following: (B) by striking ‘‘Gilmer,’’; and ‘‘(B) CREDIT.—The Secretary shall credit to- (2) by adding at the end the following: SEC. 6002. PILOT PROJECTS. ward the non-Federal share of the cost of the ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding Section 601(b)(2)(B) of the Water Resources project the cost of work carried out by the non- section 221(b) of the Flood Control Act of 1970 Development Act of 2000 (114 Stat. 2681) is Federal interest before the date of the partner- (42 U.S.C. 1962d–5b(b)), a non-Federal interest amended— ship agreement for the project if the Secretary may include for any project undertaken under (1) in the matter preceding clause (i)— determines that the work is integral to the this section a nonprofit entity with the consent (A) by striking ‘‘$69,000,000’’ and inserting project.’’; and of the affected local government. ‘‘$71,200,000’’; and (3) by aligning the remainder of the text of ‘‘(j) CORPS OF ENGINEERS EXPENSES.—Ten per- (B) by striking ‘‘$34,500,000’’ each place it ap- subparagraph (A) (as designated by paragraph cent of the amounts appropriated to carry out pears and inserting ‘‘$35,600,000’’; and (1) of this section) with subparagraph (B) (as this section may be used by the Corps of Engi- (2) in clause (i)— added by paragraph (2) of this section). neers district offices to administer projects under (A) by striking ‘‘$6,000,000’’ and inserting SEC. 5115. DYKE MARSH, FAIRFAX COUNTY, VIR- this section at Federal expense.’’. ‘‘$8,200,000’’; and GINIA. SEC. 5122. SOUTHERN WEST VIRGINIA. (B) by striking ‘‘$3,000,000’’ each place it ap- The Secretary shall accept funds from the Na- (a) CORPS OF ENGINEERS.—Section 340 of the pears and inserting ‘‘$4,100,000’’. tional Park Service to restore Dyke Marsh, Fair- Water Resources Development Act of 1992 (106 SEC. 6003. MAXIMUM COSTS. fax County, Virginia. Stat. 4856; 113 Stat. 320) is amended by adding (a) MAXIMUM COST OF PROJECTS.—Section SEC. 5116. BAKER BAY AND ILWACO HARBOR, at the end the following: 601(b)(2)(E) of the Water Resources Development WASHINGTON. ‘‘(h) CORPS OF ENGINEERS.—Ten percent of Act of 2000 (114 Stat. 2683) is amended by insert- The Secretary shall conduct a study of in- the amounts appropriated to carry out this sec- ing ‘‘and section (d)’’ before the period at the creased siltation in Baker Bay and Ilwaco Har- tion may be used by the Corps of Engineers dis- end. bor, Washington, to determine if the siltation is trict offices to administer projects under this (b) MAXIMUM COST OF PROGRAM AUTHOR- the result of a Federal navigation project (in- section at Federal expense.’’. ITY.—Section 601(c)(3) of such Act (114 Stat. cluding diverted flows from the Columbia River) (b) SOUTHERN WEST VIRGINIA DEFINED.—Sec- 2684) is amended by adding at the end the fol- and, if the Secretary determines that the siltation 340(f) of such Act is amended by inserting lowing: tion is the result of a Federal navigation ‘‘Nicholas,’’ after ‘‘Greenbrier,’’. ‘‘(C) MAXIMUM COST OF PROGRAM AUTHOR- project, the Secretary shall carry out a project (c) NONPROFIT ENTITIES.—Section 340 of the ITY.—Section 902 of the Water Resources Devel- to mitigate the siltation as part of maintenance Water Resources Development Act of 1992 (106 opment Act of 1986 (33 U.S.C. 2280) shall apply of the Federal navigation project. Stat. 4856) is further amended by adding at the to the individual project funding limits in sub- SEC. 5117. HAMILTON ISLAND CAMPGROUND, end the following: paragraph (A) and the aggregate cost limits in WASHINGTON. ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding subparagraph (B).’’. section 221(b) of the Flood Control Act of 1970 The Secretary is authorized to plan, design, SEC. 6004. PROJECT AUTHORIZATION. and construct a campground for Bonneville (42 U.S.C. 1962d–5b(b)), a non-Federal interest may include for any project undertaken under Section 601(d) of the Water Resources Devel- Lock and Dam at Hamilton Island (also know opment Act of 2000 (114 Stat. 2684) is amended as ‘‘Strawberry Island’’) in Skamania County, this section a nonprofit entity with the consent of the affected local government.’’. by adding at the end the following: Washington. ‘‘(3) PROJECT AUTHORIZATION.—The following SEC. 5118. PUGET ISLAND, WASHINGTON. SEC. 5123. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NON-FEDERAL INTER- project for water resources development and The Secretary is directed to place dredged and ESTS. conservation and other purposes is authorized other suitable material along portions of the Co- Section 211(f) of the Water Resources Develop- to be carried out by the Secretary substantially lumbia River shoreline of Puget Island, Wash- ment Act of 1996 (33 U.S.C. 701b–13) is amended in accordance with the plans, and subject to the ington, between river miles 38 to 47 in order to by adding at the end the following: conditions, described in the report designated in protect economic and environmental resources ‘‘(12) PERRIS, CALIFORNIA.—The project for this paragraph: in the area from further erosion, at a Federal flood control, Perris, California. ‘‘(A) INDIAN RIVER LAGOON SOUTH, FLORIDA.— cost of $1,000,000. This action shall be coordi- ‘‘(13) THORNTON RESERVOIR, COOK COUNTY, IL- The project for ecosystem restoration, water nated with appropriate resource agencies and LINOIS.—An element of the project for flood con- supply, flood damage reduction, and protection comply with applicable Federal laws. trol, Chicagoland Underflow Plan, Illinois. of water quality, Indian River Lagoon South, SEC. 5119. WILLAPA BAY, WASHINGTON. ‘‘(14) LAROSE TO GOLDEN MEADOW, LOU- Florida: Report of the Chief of Engineers dated Section 545 of the Water Resources Develop- ISIANA.—The project for flood control, Larose to August 6, 2004, at a total cost of $1,365,000,000, ment Act of 2000 (114 Stat. 2675) is amended— Golden Meadow, Louisiana. with an estimated Federal cost of $682,500,000

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(1) investigation and study of the maximum $375,330,000, with an estimated Federal cost of SEC. 6009. DEAUTHORIZATIONS. effective use of the water and sediment of the $187,665,000 and an estimated non-Federal cost The following projects are not authorized Mississippi and Atchafalaya Rivers for coastal of $187,665,000. after the date of enactment of this Act: restoration purposes consistent with flood con- ‘‘(C) SITE 1 IMPOUNDMENT, FLORIDA.—The (1) The uncompleted portions of the project for trol and navigation; project for environmental restoration, Site 1 Im- the C–44 Basin Storage Reservoir of the Com- (2) a schedule for the design and implementa- poundment, Florida: Report of the Chief of En- prehensive Everglades Restoration Plan, author- tion of large-scale water and sediment reintro- gineers dated December 19, 2006, at a total cost ized by section 601(b)(2)(C)(i) of the Water Re- duction projects and an assessment of funding of $80,840,000, with an estimated Federal cost of sources Development Act of 2000 (114 Stat. 2682), needs from any source; and $40,420,000 and an estimated non-Federal cost of at a total cost of $147,800,000, with an estimated (3) an investigation and assessment of alter- $40,420,000.’’. Federal cost of $73,900,000 and an estimated ations in the operation of the Old River Control SEC. 6005. CREDIT. non-Federal cost of $73,900,000. Structure, consistent with flood control and Section 601(e)(5)(B) of the Water Resources (2) The uncompleted portions of the Martin navigation purposes. Development Act of 2000 (114 Stat. 2685) is County, Florida, modifications to the project for (d) INCLUSIONS.—The comprehensive plan amended— Central and Southern Florida, authorized by shall include a description of— (1) the framework of a long-term program in- (1) in clause (i)— section 203 of the Flood Control Act of 1968 (82 tegrated with hurricane and storm damage re- (A) by striking ‘‘or’’ at the end of subclause Stat. 740), at a total cost of $15,471,000, with an duction, flood damage reduction, and naviga- (I); estimated Federal cost of $8,073,000 and an esti- tion activities that provide for the comprehen- (B) by adding ‘‘or’’ at the end of subclause mated non-Federal cost of $7,398,000. sive protection, conservation, and restoration of (II); and (3) The uncompleted portions of the East the wetlands, estuaries (including the (C) by adding at the end the following: Coast Backpumping, St. Lucie–Martin County, Barataria-Terrebonne estuary), barrier islands, ‘‘(III) the credit is provided for work carried Spillway Structure S–311 modifications to the shorelines, and related land and features of the out before the date of the partnership agreement project for Central and Southern Florida, au- coastal Louisiana ecosystem, including protec- between the Secretary and the non-Federal thorized by section 203 of the Flood Control Act tion of critical resources, habitat, and infra- sponsor, as defined in an agreement between the of 1968 (82 Stat. 740), at a total cost of structure from the effects of a coastal storm, a Secretary and the non-Federal sponsor pro- $77,118,000, with an estimated Federal cost of hurricane, erosion, or subsidence; viding for such credit;’’; and $55,124,000 and an estimated non-Federal cost of (2) the means by which a new technology, or (2) in clause (ii)— $21,994,000. (A) by striking ‘‘design agreement or the an improved technique, can be integrated into project cooperation’’; and SEC. 6010. REGIONAL ENGINEERING MODEL FOR the program referred to in paragraph (1); ENVIRONMENTAL RESTORATION. (B) by inserting before the semicolon the fol- (3) the role of other Federal and State agen- (a) IN GENERAL.—The Secretary shall com- lowing: ‘‘, including in the case of credit pro- cies and programs in carrying out such pro- plete the development and testing of the re- vided under clause (i)(III) conditions relating to gram; gional engineering model for environmental res- design and construction’’. (4) specific, measurable ecological success cri- toration as expeditiously as practicable. SEC. 6006. OUTREACH AND ASSISTANCE. teria by which success of the plan will be meas- (b) USAGE.—The Secretary shall consider Section 601(k) of the Water Resources Devel- ured; and using, as appropriate, the regional engineering (5) proposed projects in order of priority as de- opment Act of 2000 (114 Stat. 2691) is amended model for environmental restoration in the de- by adding at the end the following: termined by their respective potential to con- velopment of future water resource projects, in- tribute to— ‘‘(3) MAXIMUM EXPENDITURES.—The Secretary cluding projects developed pursuant to section may expend up to $3,000,000 per fiscal year for (A) creation of coastal wetlands; and 601 of the Water Resources Development Act of (B) flood protection of communities ranked by fiscal years beginning after September 30, 2004, 2000 (114 Stat. 2680). population density and level of protection. to carry out this subsection.’’. (c) AUTHORIZATION OF APPROPRIATIONS.— (e) CONSIDERATIONS.—In developing the com- SEC. 6007. CRITICAL RESTORATION PROJECTS. There is authorized to be appropriated prehensive plan, the Secretary shall consider the Section 528(b)(3)(C) of the Water Resources $10,000,000 to carry out subsection (a). advisability of integrating into the program re- Development Act of 1996 (110 Stat. 3769; 113 Stat. TITLE VII—LOUISIANA COASTAL AREA ferred to in subsection (d)(1)— 286) is amended— (1) any related Federal or State project being SEC. 7001. DEFINITIONS. (1) in clause (i) by striking ‘‘$75,000,000’’ and carried out on the date on which the plan is de- In this title, the following definitions apply: all that follows through ‘‘2003’’ and inserting veloped; (1) COASTAL LOUISIANA ECOSYSTEM.—The term ‘‘$95,000,000’’; and (2) any activity in the Plan; or (2) in clause (ii) by striking ‘‘$25,000,000’’ and ‘‘coastal Louisiana ecosystem’’ means the coast- (3) any other project or activity identified in— inserting ‘‘$30,000,000’’. al area of Louisiana from the Sabine River on (A) the Mississippi River and Tributaries pro- SEC. 6008. MODIFIED WATER DELIVERIES. the west to the Pearl River on the east, includ- gram; (a) IN GENERAL.—The project, Modified Water ing those parts of the Deltaic Plain and the (B) the Louisiana Coastal Wetlands Conserva- Deliveries to Everglades National Park, author- Chenier Plain included within the study area of tion Plan; ized by section 104 of the Everglades National the Plan. (C) the Louisiana Coastal Zone Management Park Protection and Expansion Act of 1989 (16 (2) GOVERNOR.—The term ‘‘Governor’’ means Plan; or U.S.C. 410r-8), as described in the General De- the Governor of the State of Louisiana. (D) the plan of the State of Louisiana entitled sign Memorandum and Environmental Impact (3) PLAN.—The term ‘‘Plan’’ means the report ‘‘Coast 2050: Toward a Sustainable Coastal Lou- Statement for Modified Water Deliveries to Ev- of the Chief of Engineers for ecosystem restora- isiana’’. erglades National Park, June 1992, is modified to tion for the Louisiana Coastal Area dated Janu- (f) REPORTS TO CONGRESS.— authorize the Secretary to construct the project ary 31, 2005. (1) INITIAL REPORT.—Not later than 1 year substantially in accordance with the Revised (4) TASK FORCE.—The term ‘‘Task Force’’ after the date of enactment of this Act, the Sec- General Reevaluation Report/Second Supple- means the Coastal Louisiana Ecosystem Protec- retary shall submit to Congress a report con- mental Environmental Impact Statement for the tion and Restoration Task Force established by taining the comprehensive plan. Tamiami Trail Modifications, Modified Water section 7003. (2) UPDATES.—Not later that 5 years after the Deliveries to Everglades National Park, August SEC. 7002. COMPREHENSIVE PLAN. date of submission of a report under paragraph 2005, at a total cost of $144,131,000. (a) IN GENERAL.—The Secretary, in coordina- (1), and at least once every 5 years thereafter (b) USE OF FUNDS.—Funds made available tion with the Governor, shall develop a com- until implementation of the comprehensive plan under section 102(f) of the Everglades National prehensive plan for protecting, preserving, and is complete, the Secretary shall submit to Con- Park Protection and Expansion Act of 1989 (16 restoring the coastal Louisiana ecosystem. gress a report containing an update of the plan U.S.C. 410r–6), may be used to carry out the (b) INTEGRATION OF PLAN INTO COMPREHEN- and an assessment of the progress made in im- project modification under subsection (a). SIVE HURRICANE PROTECTION STUDY.—In devel- plementing the plan. (c) SOURCE AND ALLOCATION OF FUNDS.— oping the comprehensive plan, the Secretary SEC. 7003. LOUISIANA COASTAL AREA. (1) IN GENERAL.—Except as provided in para- shall integrate the plan into the analysis and (a) IN GENERAL.—The Secretary may carry graph (2), Federal costs incurred for construc- design of the comprehensive hurricane protec- out a program for ecosystem restoration, Lou- tion of the project modification under subsection tion study authorized by title I of the Energy isiana Coastal Area, Louisiana, substantially in (a) on or after October 1, 2004, shall be shared and Water Development Appropriations Act, accordance with the report of the Chief of Engi- equally between the Secretary and the Secretary 2006 (Public Law 109–103; 119 Stat. 2247). neers, dated January 31, 2005. of the Interior. (c) CONSISTENCY WITH COMPREHENSIVE COAST- (b) PRIORITIES.— (2) ACCEPTANCE AND USE OF FUNDS.—The Sec- AL PROTECTION MASTER PLAN.—In developing (1) IN GENERAL.—In carrying out the program retary may accept and expend funds, without the comprehensive plan, the Secretary shall en- under subsection (a), the Secretary shall give further appropriation, provided from another sure that the plan is consistent with the goals, priority to—

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00084 Fmt 7634 Sfmt 6333 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3647 (A) any portion of the program identified in and navigation in those areas in Louisiana for determines to be necessary to assist the Sec- the report described in subsection (a) as a crit- which a major disaster has been declared by the retary in carrying out this subsection. ical restoration feature; President as a result of Hurricane Katrina or (4) CONTRACTS AND COOPERATIVE AGREE- (B) any Mississippi River diversion project Rita. MENTS.—In carrying out this subsection, the that— (B) EXPERTISE; REPRESENTATION.—In estab- Secretary may enter into a contract or coopera- (i) will protect a major population area of the lishing the working group under subparagraph tive agreement with an individual or entity (in- Pontchartain, Pearl, Breton Sound, Barataria, (A), the Task Force shall ensure that the cluding a consortium of academic institutions in or Terrebonne basins; and group— Louisiana) with scientific or engineering exper- (ii) will produce an environmental benefit to (i) has expertise in coastal estuaries, diver- tise in the restoration of aquatic and marine the coastal Louisiana ecosystem; sions, coastal restoration and wetlands protec- ecosystems for coastal restoration and enhance- (C) any barrier island, or barrier shoreline, tion, ecosystem restoration, hurricane protec- ment through science and technology. project that— tion, storm damage reduction systems, naviga- (b) DEMONSTRATION PROJECTS.— (i) will be carried out in conjunction with a tion, and ports; and (1) IN GENERAL.—Subject to paragraph (2), the Mississippi River diversion project; and (ii) represents the State of Louisiana and local Secretary may carry out demonstration projects (ii) will protect a major population area; governments in south Louisiana. substantially in accordance with the Plan and (D) any project that will reduce storm surge (f) COMPENSATION.—Members of the Task within the coastal Louisiana ecosystem for the and prevent or reduce the risk of loss of human Force and members of a working group estab- purpose of resolving critical areas of scientific or life and the risk to public safety; and lished by the Task Force may not receive com- technological uncertainty related to the imple- (E) a project to physically modify the Mis- pensation for their services as members of the mentation of the comprehensive plan to be de- sissippi River-Gulf outlet and to restore the Task Force or working group, as the case may veloped under section 7002(a). areas affected by the Mississippi River-Gulf out- be. (2) MAXIMUM COST.— let in accordance with the comprehensive plan (g) TRAVEL EXPENSES.—Travel expenses in- (A) TOTAL COST.—The total cost for planning, to be developed under section 7002(a), subject to curred by members of the Task Force and mem- design, and construction of all projects under the conditions and recommendations in a final bers of a working group established by the Task this subsection shall not exceed $100,000,000. report of the Chief of Engineers. Force, in the performance of their service on the (B) INDIVIDUAL PROJECT.—The total cost of an individual project under this subsection shall SEC. 7004. COASTAL LOUISIANA ECOSYSTEM PRO- Task Force or working group, as the case may TECTION AND RESTORATION TASK be, shall be paid by the agency or entity that not exceed $25,000,000. (c) INITIAL PROJECTS.— FORCE. the member represents. (1) IN GENERAL.—The Secretary is authorized (a) ESTABLISHMENT.—There is established a (h) NONAPPLICABILITY OF FACA.—The Fed- to carry out the following projects substantially task force to be known as the Coastal Louisiana eral Advisory Committee Act (5 U.S.C. App.) Ecosystem Protection and Restoration Task in accordance with the Plan: shall not apply to the Task Force or any work- (A) Mississippi River Gulf Outlet environ- Force (in this section referred to as the ‘‘Task ing group established by the Task Force. Force’’). mental restoration at a total cost of $105,300,000. SEC. 7005. PROJECT MODIFICATIONS. (B) Small diversion at Hope Canal at a total (b) MEMBERSHIP.—The Task Force shall con- (a) REVIEW.—The Secretary, in cooperation cost of $68,600,000. sist of the following members (or, in the case of with the non-Federal interest of the project in- (C) Barataria basin barrier shoreline restora- the head of a Federal agency, a designee at the volved, shall review each Federally-authorized tion at a total cost of $242,600,000. level of Assistant Secretary or an equivalent water resources project in the coastal Louisiana (D) Small Bayou Lafourche reintroduction at level): ecosystem being carried out or completed as of a total cost of $133,500,000. (1) The Secretary. the date of enactment of this Act to determine (E) Medium diversion at Myrtle Grove with (2) The Secretary of the Interior. whether the project needs to be modified— dedicated dredging at a total cost of (3) The Secretary of Commerce. (1) under the program authorized by section $278,300,000. (4) The Administrator of the Environmental 7003; or (2) MODIFICATIONS.— Protection Agency. (2) to contribute to ecosystem restoration (A) IN GENERAL.—In carrying out each project (5) The Secretary of Agriculture. under section 7003. under paragraph (1), the Secretary shall carry (6) The Secretary of Transportation. ODIFICATIONS.—Subject to subsections (c) out such modifications as may be necessary to (7) The Secretary of Energy. (b) M and (d), the Secretary may carry out the modi- the ecosystem restoration features identified in (8) The Director of the Federal Emergency the Plan to address the impacts of Hurricanes Management Agency. fications described in subsection (a). (c) PUBLIC NOTICE AND COMMENT.—Before Katrina and Rita on the areas of the project. (9) The Commandant of the Coast Guard. (B) INTEGRATION.—The Secretary shall ensure (10) The Coastal Advisor to the Governor. completing the report required under subsection (d), the Secretary shall provide an opportunity that each modification under subparagraph (A) (11) The Secretary of the Louisiana Depart- is taken into account in conducting the study of ment of Natural Resources. for public notice and comment. (d) REPORT.— comprehensive hurricane protection authorized (12) A representative of the Governor’s Advi- by title I of the Energy and Water Development sory Commission on Coastal Restoration and (1) IN GENERAL.—Before modifying an operation or feature of a project under subsection Appropriations Act, 2006 (119 Stat. 2247). Conservation. (3) CONSTRUCTION REPORTS.—Before the Sec- (c) DUTIES.—The Task Force shall make rec- (b), the Secretary shall submit to the Committee on Transportation and Infrastructure of the retary may begin construction of any project ommendations to the Secretary regarding— under this subsection, the Secretary shall submit (1) policies, strategies, plans, programs, House of Representatives and the Committee on Environment and Public Works of the Senate a a report documenting any modifications to the projects, and activities for addressing conserva- project, including cost changes, to the Com- tion, protection, restoration, and maintenance report describing the modification. (2) INCLUSION.—A report describing a modi- mittee on Transportation and Infrastructure of of the coastal Louisiana ecosystem; the House of Representatives and the Committee (2) financial participation by each agency fication under paragraph (1) shall include such information relating to the timeline for and cost on Environment and Public Works of the Sen- represented on the Task Force in conserving, ate. protecting, restoring, and maintaining the of the modification, as the Secretary determines to be relevant. (4) APPLICABILITY OF OTHER PROVISIONS.— coastal Louisiana ecosystem, including rec- Notwithstanding section 902 of the Water Re- (e) AUTHORIZATION OF APPROPRIATIONS.— ommendations— sources Development Act of 1986 (33 U.S.C. (A) that identify funds from current agency There is authorized to be appropriated to carry out this section $10,000,000. 2280), the cost of a project described in para- missions and budgets; and graph (1) and any modifications to the project (B) for coordinating individual agency budget SEC. 7006. CONSTRUCTION. shall not exceed 150 percent of the cost of such requests; and (a) SCIENCE AND TECHNOLOGY.— project set forth in paragraph (1). (3) the comprehensive plan to be developed (1) IN GENERAL.—The Secretary shall carry (d) BENEFICIAL USE OF DREDGED MATERIAL.— under section 7002(a). out a coastal Louisiana ecosystem program sub- The Secretary, substantially in accordance with (d) REPORT.—The Task Force shall submit to stantially in accordance with the Plan, at a the Plan, shall implement in the coastal Lou- Congress a biennial report that summarizes the total cost of $100,000,000. isiana ecosystem a program for the beneficial activities of the Task Force. (2) PURPOSES.—The purposes of the program use of material dredged from federally main- (e) WORKING GROUPS.— under paragraph (1) shall be— tained waterways at a total cost of $100,000,000. (1) GENERAL AUTHORITY.—The Task Force (A) to identify any uncertainty relating to the (e) ADDITIONAL PROJECTS.— may establish such working groups as the Task physical, chemical, geological, biological, and (1) IN GENERAL.—The Secretary is authorized Force determines to be necessary to assist the cultural baseline conditions in coastal Lou- to carry out a project for ecosystem restoration Task Force in carrying out this section. isiana ecosystem; for the Chenier Plain, Louisiana, and the fol- (2) HURRICANES KATRINA AND RITA.— (B) to improve knowledge of the physical, lowing projects referred to in the Plan if the (A) IN GENERAL.—The Task Force may estab- chemical, geological, biological, and cultural Secretary determines such projects are feasible: lish a working group for the purpose of advising baseline conditions in coastal Louisiana eco- (A) Land Bridge between Caillou Lake and the Task Force of opportunities to integrate the system; and the Gulf of Mexico at a total cost of $56,300,000. planning, engineering, design, implementation, (C) to identify and develop technologies, mod- (B) Gulf Shoreline at Point Au Fer Island at and performance of Corps of Engineers projects els, and methods to carry out this subsection. a total cost of $43,400,000. for hurricane and storm damage reduction, (3) WORKING GROUPS.—The Secretary may es- (C) Modification of Caernarvon Diversion at a flood damage reduction, ecosystem restoration, tablish such working groups as the Secretary total cost of $20,700,000.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00085 Fmt 7634 Sfmt 6333 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3648 CONGRESSIONAL RECORD — HOUSE April 19, 2007 (D) Modification of Davis Pond Diversion at a ment of a project intended to produce benefits (6) reinforce or replace flood walls in the ex- total cost of $64,200,000. that are predominantly unrelated to the protec- isting Lake Pontchartrain and Vicinity Project (2) REPORTS.—Not later than December 31, tion, preservation, and restoration of the coastal and the existing West Bank and Vicinity Project 2009, the Secretary shall submit feasibility re- Louisiana ecosystem. to improve performance of the flood and storm ports on the projects described in paragraph (1) SEC. 7009. INDEPENDENT REVIEW. damage reduction systems; to the Committee on Transportation and Infra- The Secretary shall establish the Louisiana (7) perform one time stormproofing of interior structure of the House of Representatives and Water Resources Council which shall serve as pump stations to ensure the operability of the the Committee on Environment and Public the exclusive peer review panel for projects stations during hurricanes, storms, and high Works of the Senate. under this title as required by section 2037 of water events; (8) repair, replace, modify and improve non- (3) CONSTRUCTION.—No appropriations shall this Act. be made to construct any project under this sub- Federal levees and associated protection meas- SEC. 7010. EXPEDITED REPORTS. ures in Terrebonne Parish; and section if the report under paragraph (2) has The Secretary shall expedite completion of the not been approved by resolutions adopted by the (9) reduce the risk of storm damage to the reports for the following projects and, if the Sec- greater New Orleans metropolitan area by re- Committee on Transportation and Infrastruc- retary determines that a project is justified in ture of the House of Representatives and the storing the surrounding wetlands through meas- the completed report, proceed directly to project ures to begin to reverse wetland losses in areas Committee on Environment and Public Works of preconstruction engineering and design: the Senate. affected by navigation, oil and gas, and other (1) The projects identified in the study of com- channels and through modification of the SEC. 7007. NON-FEDERAL COST SHARE. prehensive hurricane protection authorized by Caernarvon Freshwater Diversion structure or (a) CREDIT.—The Secretary shall credit to- title I of the Energy and Water Development its operations. ward the non-Federal share of the cost of a Appropriations Act, 2006 (119 Stat. 2447). (b) FUNDING AUTHORITY.—Activities author- study or project under this title the cost of work (2) A project for ecosystem restoration for the ized by subsection (a) and section 7013 shall be carried out in the coastal Louisiana ecosystem Chenier Plain, Louisiana. carried out in a manner that is consistent with by the non-Federal interest before the date of (3) The project for Multipurpose Operation of the cost-sharing requirements specified in the the execution of the partnership agreement for Houma Navigation Lock. Emergency Supplemental Appropriations Act for the study or project if the Secretary determines (4) The project for Terrebonne Basin Barrier Defense, the Global War on Terror, and Hurri- that the work is integral to the study or project. Shoreline Restoration. cane Recovery, 2006 (Public Law 109–234). (b) SOURCES OF FUNDS.—The non-Federal in- (5) The project for Small Diversion at Con- (c) CONDITIONS.—The Secretary shall notify terest may use, and the Secretary shall accept, vent/Blind River. the Committee on Transportation and Infra- funds provided under any other Federal pro- (6) The project for Amite River Diversion structure of the House of Representatives and gram to satisfy, in whole or in part, the non- Canal Modification. the Committee on Environment and Public Federal share of the construction of any project (7) The project for Medium Diversion at Works of the Senate if estimates for the expendi- carried out under this section if such funds are White’s Ditch. ture of funds on any single project or activity authorized to be used to carry out such project. (8) The project to convey Atchafalaya River identified in subsection (a) exceeds the amount (c) TREATMENT OF CREDIT BETWEEN Water to Northern Terrebonne Marshes. specified for that project or activity in the Emer- PROJECTS.—Any credit provided under this sec- (9) The projects identified in the Southwest gency Supplemental Appropriations Act for De- tion toward the non-Federal share of the cost of Coastal Louisiana hurricane and storm damage fense, the Global War on Terror, and Hurricane a study or project under this title may be ap- reduction study authorized by the Committee on Recovery, 2006 (Public Law 109–234). No appro- plied toward the non-Federal share of the cost Transportation and Infrastructure of the House priation in excess of 25 percent above the of any other study or project under this title. of Representatives on December 7, 2005. amount specified for a project or activity in (d) PERIODIC MONITORING.— SEC. 7011. REPORTING. such Act shall be made until an increase in the (1) IN GENERAL.—To ensure that the contribu- (a) IN GENERAL.—Not later than 6 years after level of expenditure has been approved by reso- tions of the non-Federal interest equal the non- the date of enactment of this Act, the Secretary lutions adopted by the Committee on Transpor- Federal share of the cost of a study or project shall submit to the Committee on Transportation tation and Infrastructure of the House of Rep- under this title during each 5-year period begin- and Infrastructure of the House of Representa- resentatives and the Committee on Environment ning after the date of commencement of the first tives and the Committee on Environment and and Public Works of the Senate. study or project under this title, the Secretary Public Works of the Senate a report including a SEC. 7013. MISSISSIPPI RIVER GULF OUTLET. shall— description of— (a) IN GENERAL.—The project for navigation, (A) monitor for each study or project under (1) the projects authorized and undertaken Mississippi River-Gulf outlet, authorized by the this title the non-Federal provision of cash, in- under this title; Act entitled ‘‘An Act to authorize construction kind services and materials, and land, ease- (2) the construction status of the projects; of the Mississippi River-Gulf outlet’’, approved ments, rights-of-way, relocations, and disposal (3) the cost to date and the expected final cost March 29, 1956 (70 Stat. 65), as modified by sec- areas; and of each project undertaken under this title; and tion 844 of the Water Resources Development (B) manage the requirement of the non-Fed- (4) the benefits and environmental impacts of Act of 1986 (100 Stat. 4177), is not authorized. eral interest to provide for each such study or the projects. (b) PLAN FOR CLOSURE AND RESTORATION.— project cash, in-kind services and materials, and (b) EXTERNAL REVIEW.—The Secretary shall The Secretary shall carry out a study and im- land, easements, rights-of-way, relocations, and enter into a contract with the National Acad- plement a project to physically modify the Mis- disposal areas. emy of Sciences under which the National Acad- sissippi River-Gulf outlet and to restore the (2) OTHER MONITORING.—The Secretary shall emy of Sciences shall perform and submit to the areas affected by the Mississippi River-Gulf out- conduct monitoring separately for the study Committee on Transportation and Infrastruc- let in accordance with the plan to be developed phase, construction phase, preconstruction engi- ture of the House of Representatives and the under section 7002(a), subject to the conditions neering and design phase, and planning phase Committee on Environment and Public Works of and recommendations in a final report of the for each project authorized on or after date of the Senate an external review of the demonstra- Chief of Engineers if a favorable report of the enactment of this Act for all or any portion of tion program authorized by subsection 7006(b). Chief is completed not later than 180 days after the coastal Louisiana ecosystem. SEC. 7012. NEW ORLEANS AND VICINITY. the date of enactment of this Act. The plan shall (e) AUDITS.—Credit for land, easements, (a) IN GENERAL.—The Secretary is authorized incorporate the recommendations of the Interim rights-of-way, relocations, and disposal areas to— Mississippi River Gulf Outlet Deep-Draft De- (including land value and incidental costs) pro- (1) raise levee heights where necessary and Authorization Report submitted to Congress in vided under this section, and the cost of work otherwise enhance the Lake Pontchartrain and December 2006. provided under this section, shall be subject to Vicinity Project and the West Bank and Vicin- (c) REPORT TO CONGRESS.—Not later than 180 audit by the Secretary. ity Project to provide the levels of protection days after the date of enactment of this Act, the SEC. 7008. PROJECT JUSTIFICATION. necessary to achieve the certification required Secretary shall submit to the Committee on (a) IN GENERAL.—Notwithstanding section 209 for participation in the national flood insurance Transportation and Infrastructure of the House of the Flood Control Act of 1970 (42 U.S.C. 1962– program under the National Flood Insurance of Representatives and the Committee on Envi- 2) or any other provision of law, in carrying out Act of 1965 (42 U.S.C. 2001 et seq.); ronment and Public Works of the Senate a re- any project or activity under this title or any (2) modify the 17th Street, Orleans Avenue, port on the project described in subsection (b). other provision of law to protect, conserve, and and London Avenue drainage canals and install (d) AUTHORIZATION OF APPROPRIATIONS.— restore the coastal Louisiana ecosystem, the Sec- pumps and closure structures at or near the There is authorized to be appropriated $5,000,000 retary may determine that— lakefront at Lake Pontchartrain; for the costs of carrying out the study and de- (1) the project or activity is justified by the (3) armor critical elements of the New Orleans veloping the report of the Chief of Engineers re- environmental benefits derived by the coastal hurricane and storm damage reduction system; quired by subsection (b). Such costs shall be a Louisiana ecosystem; and (4) modify the Inner Harbor Navigation Canal Federal expense. (2) no further economic justification for the to increase the reliability of the flood protection TITLE VIII—UPPER MISSISSIPPI RIVER project or activity is required if the Secretary system for the city of New Orleans; AND ILLINOIS WATER-WAY SYSTEM determines that the project or activity is cost ef- (5) replace or modify certain non-Federal lev- SEC. 8001. DEFINITIONS. fective. ees in Plaquemines Parish to incorporate the In this title, the following definitions apply: (b) LIMITATION ON APPLICABILITY.—Sub- levees into the New Orleans to Venice Hurricane (1) PLAN.—The term ‘‘Plan’’ means the project section (a) shall not apply to any separable ele- Protection Project; for navigation and ecosystem improvements for

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00086 Fmt 7634 Sfmt 6333 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3649 the Upper Mississippi River and Illinois Water- ability of the ecosystem of the Upper Mississippi shall include a monitoring plan for the perform- way System: Report of the Chief of Engineers, River and Illinois River in accordance with the ance measures identified under paragraph dated December 15, 2004. general framework outlined in the Plan. (1)(A), including— (2) UPPER MISSISSIPPI RIVER AND ILLINOIS WA- (2) PROJECTS INCLUDED.—Ecosystem restora- (A) a timeline to achieve the identified target TERWAY SYSTEM.—The term ‘‘Upper Mississippi tion projects may include— goals; and River and Illinois Waterway System’’ means the (A) island building; (B) a timeline for the demonstration of project projects for navigation and ecosystem restora- (B) construction of fish passages; completion. tion authorized by Congress for— (C) floodplain restoration; (e) CONSULTATION AND FUNDING AGREE- (A) the segment of the Mississippi River from (D) water level management (including water MENTS.— the confluence with the Ohio River, River Mile drawdown); (1) IN GENERAL.—In carrying out the environ- 0.0, to Upper St. Anthony Falls Lock in Min- (E) backwater restoration; mental sustainability, ecosystem restoration, neapolis-St. Paul, Minnesota, River Mile 854.0; (F) side channel restoration; and monitoring activities authorized in this sec- and (G) wing dam and dike restoration and modi- tion, the Secretary shall consult with the Sec- (B) the Illinois Waterway from its confluence fication; retary of the Interior and the States of Illinois, with the Mississippi River at Grafton, Illinois, (H) island and shoreline protection; Iowa, Minnesota, Missouri, and Wisconsin. River Mile 0.0, to T.J. O’Brien Lock in Chicago, (I) topographical diversity; (2) FUNDING AGREEMENTS.—The Secretary is Illinois, River Mile 327.0. (J) dam point control; authorized to enter into agreements with the (K) use of dredged material for environmental Secretary of the Interior, the Upper Mississippi SEC. 8002. NAVIGATION IMPROVEMENTS AND RESTORATION. purposes; River Basin Association, and natural resource Except as modified by this title, the Secretary (L) tributary confluence restoration; and conservation agencies of the States of Illi- shall undertake navigation improvements and (M) spillway, dam, and levee modification to nois, Iowa, Minnesota, Missouri, and Wisconsin restoration of the ecosystem for the Upper Mis- benefit the environment; and to provide for the direct participation of and sissippi River and Illinois Water System sub- (N) land and easement acquisition. transfer of funds to such entities for the plan- (3) COST SHARING.— stantially in accordance with the Plan and sub- ning, implementation, and evaluation of (A) IN GENERAL.—Except as provided in subject to the conditions described therein. projects and programs established by this sec- paragraphs (B) and (C), the Federal share of tion. SEC. 8003. AUTHORIZATION OF CONSTRUCTION the cost of carrying out an ecosystem restoration (f) SPECIFIC PROJECTS AUTHORIZATION.— OF NAVIGATION IMPROVEMENTS. project under this subsection shall be 65 percent. (1) IN GENERAL.—There is authorized to be ap- (a) SMALL SCALE AND NONSTRUCTURAL MEAS- (B) EXCEPTION FOR CERTAIN RESTORATION propriated to carry out this subsection URES.— PROJECTS.—In the case of a project under this $1,580,000,000, of which not more than (1) IN GENERAL.—The Secretary shall— section for ecosystem restoration, the Federal $226,000,000 shall be available for projects de- (A) construct mooring facilities at Locks 12, share of the cost of carrying out the project scribed in subsection (b)(2)(B) and not more 14, 18, 20, 22, 24, and LaGrange Lock or other shall be 100 percent if the project— than $43,000,000 shall be available for projects alternative locations that are economically and (i) is located below the ordinary high water described in subsection (b)(2)(J). Such sums environmentally feasible; mark or in a connected backwater; shall remain available until expended. (B) provide switchboats at Locks 20 through (ii) modifies the operation of structures for (2) LIMITATION ON AVAILABLE FUNDS.—Of the 25; and navigation; or amounts made available under paragraph (1), (C) conduct development and testing of an ap- (iii) is located on federally owned land. not more than $35,000,000 in any fiscal year may pointment scheduling system. (C) SAVINGS CLAUSE.—Nothing in this sub- be used for land acquisition under subsection (2) AUTHORIZATION OF APPROPRIATIONS.—The section affects the applicability of section 906(e) (b)(4). total cost of projects authorized under this sub- of the Water Resources Development Act of 1986 (3) INDIVIDUAL PROJECT LIMIT.—Other than section shall be $235,000,000. Such costs are to be (33 U.S.C. 2283(e)). for projects described in subparagraphs (B) and paid 1/2 from amounts appropriated from the (D) NONGOVERNMENTAL ORGANIZATIONS.—Not- (J) of subsection (b)(2), the total cost of any sin- general fund of the Treasury and 1/2 from withstanding section 221 of the Flood Control gle project carried out under this subsection amounts appropriated from the Inland Water- Act of 1970 (42 U.S.C. 1962d–5b), for any project shall not exceed $25,000,000. ways Trust Fund. Such sums shall remain avail- carried out under this title, a non-Federal spon- (4) MONITORING.—In addition to amounts au- able until expended. sor may include a nonprofit entity, with the thorized under paragraph (1), there are author- (b) NEW LOCKS.— consent of the affected local government. ized $10,420,000 per fiscal year to carry out the (1) IN GENERAL.—The Secretary shall con- (4) LAND ACQUISITION.—The Secretary may ac- monitoring program under subsection (c) if such struct new 1,200-foot locks at Locks 20, 21, 22, quire land or an interest in land for an eco- sums are not appropriated pursuant to section 24, and 25 on the Upper Mississippi River and at system restoration project from a willing seller 1103(e)(4) the Water Resources Development Act LaGrange Lock and Peoria Lock on the Illinois through conveyance of— of 1986 (33 U.S.C. 652(e)(4)). Waterway. (A) fee title to the land; or (g) IMPLEMENTATION REPORTS.— (2) AUTHORIZATION OF APPROPRIATIONS.—The (B) a flood plain conservation easement. (1) IN GENERAL.—Not later than June 30, 2008, total cost of projects authorized under this sub- (c) MONITORING.—The Secretary shall carry and every 4 years thereafter, the Secretary shall section shall be $1,795,000,000. Such costs are to out a long term resource monitoring, computer- submit to the Committee on Environment and be paid 1/2 from amounts appropriated from the ized data inventory and analysis, and applied Public Works of the Senate and the Committee general fund of the Treasury and 1/2 from research program for the Upper Mississippi on Transportation and Infrastructure of the amounts appropriated from the Inland Water- River and Illinois River to determine trends in House of Representatives an implementation re- ways Trust Fund. Such sums shall remain avail- ecosystem health, to understand systemic port that— able until expended. changes, and to help identify restoration needs. (A) includes baselines, milestones, goals, and (c) CONCURRENCE.—The mitigation required The program shall build upon the monitoring priorities for ecosystem restoration projects; and for the projects authorized under subsections (a) program established under section (B) measures the progress in meeting the and (b), including any acquisition of lands or 1103(e)(1)(A)(ii) of the Water Resources Develop- goals. (2) ADVISORY PANEL.— interests in lands, shall be undertaken or ac- ment Act of 1986 (33 U.S.C. 652(e)(1)(A)(ii)). (A) IN GENERAL.—The Secretary shall appoint quired concurrently with lands and interests in (d) ECOSYSTEM RESTORATION and convene an advisory panel to provide inde- lands for the projects authorized under sub- PRECONSTRUCTION ENGINEERING AND DESIGN.— pendent guidance in the development of each sections (a) and (b), and physical construction (1) RESTORATION DESIGN.—Before initiating implementation report under paragraph (1). required for the purposes of mitigation shall be the construction of any individual ecosystem (B) PANEL MEMBERS.—Panel members shall in- undertaken concurrently with the physical con- restoration project, the Secretary shall— struction of such projects. clude— (A) establish ecosystem restoration goals and (i) one representative of each of the State re- SEC. 8004. ECOSYSTEM RESTORATION AUTHOR- identify specific performance measures designed source agencies (or a designee of the Governor IZATION. to demonstrate ecosystem restoration; of the State) from each of the States of Illinois, (a) OPERATION.—To ensure the environmental (B) establish the without-project condition or Iowa, Minnesota, Missouri, and Wisconsin; sustainability of the existing Upper Mississippi baseline for each performance indicator; and (ii) one representative of the Department of River and Illinois Waterway System, the Sec- (C) for each separable element of the eco- Agriculture; retary shall modify, consistent with require- system restoration, identify specific target goals (iii) one representative of the Department of ments to avoid adverse effects on navigation, for each performance indicator. Transportation; the operation of the Upper Mississippi River and (2) OUTCOMES.—Performance measures identi- (iv) one representative of the United States Illinois Waterway System to address the cumu- fied under paragraph (1)(A) shall include spe- Geological Survey; lative environmental impacts of operation of the cific measurable environmental outcomes, such (v) one representative of the United States system and improve the ecological integrity of as changes in water quality, hydrology, or the Fish and Wildlife Service; the Upper Mississippi River and Illinois River. well-being of indicator species the population (vi) one representative of the Environmental (b) ECOSYSTEM RESTORATION PROJECTS.— and distribution of which are representative of Protection Agency; (1) IN GENERAL.—The Secretary shall carry the abundance and diversity of ecosystem-de- (vii) one representative of affected land- out, consistent with requirements to avoid ad- pendent aquatic and terrestrial species. owners; verse effects on navigation, ecosystem restora- (3) RESTORATION DESIGN.—Restoration design (viii) two representatives of conservation and tion projects to attain and maintain the sustain- carried out as part of ecosystem restoration environmental advocacy groups; and

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00087 Fmt 7634 Sfmt 6333 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3650 CONGRESSIONAL RECORD — HOUSE April 19, 2007 (ix) two representatives of agriculture and in- $27,110,000, with an estimated Federal cost of transboundary water resources management dustry advocacy groups. $11,210,000 and an estimated non-Federal cost in the southwestern United States and other (C) CHAIRPERSON.—The Secretary shall serve of $15,900,000. international water resources management as chairperson of the advisory panel. In section 1002(b) of the bill, after para- problems. (D) APPLICATION OF FEDERAL ADVISORY COM- graph (4) insert the following (and redesig- (b) AUTHORIZATION OF APPROPRIATIONS.— MITTEE ACT.—The Advisory Panel and any nate subsequent paragraphs accordingly): There are authorized to be appropriated to working group established by the Advisory (5) WILDWOOD CREEK, YUCAIPA, CALI- the Secretary to carry out subsection (a)(1) Panel shall not be considered an advisory com- FORNIA.—The Secretary shall review the lo- $5,000,000, to carry out subsection (a)(2) mittee under the Federal Advisory Committee cally prepared plan for the project for flood $5,000,000, and to carry out subsection (a)(3) Act (5 U.S.C. App.). damage, Wildwood Creek, California, re- $5,000,000. Such sums shall remain available (h) RANKING SYSTEM.— ferred to in subsection (a) and, if the Sec- until expended. (1) IN GENERAL.—The Secretary, in consulta- retary determines that the plan meets the SEC. 2042. FEDERAL HOPPER DREDGES. tion with the Advisory Panel, shall develop a evaluation and design standards of the Corps Section 3(c) of the Act of August 11, 1888 (33 system to rank proposed projects. of Engineers and that the plan is feasible, U.S.C. 622; 25 Stat. 423), is amended— (2) PRIORITY.—The ranking system shall give the Secretary may use the plan to carry out (1) in paragraph (7)(B) by adding at the end greater weight to projects that restore natural the project and shall provide credit toward the following: ‘‘This subparagraph shall not river processes, including those projects listed in the non-Federal share of the cost of the apply to the Federal hopper dredges subsection (b)(2). project for the cost of work carried out by Essayons and Yaquina of the Corps of Engi- SEC. 8005. COMPARABLE PROGRESS. the non-Federal interest before the date of neers.’’; and (a) IN GENERAL.—As the Secretary conducts the partnership agreement for the project if (2) by adding at the end the following: pre-engineering, design, and construction for the Secretary determines that the work is ‘‘(9) READY RESERVE FOR THE HOPPER projects authorized under this title, the Sec- integral to the project. DREDGE MCFARLAND.—The Secretary shall retary shall— In section 1003 of the bill, before paragraph place the Federal hopper dredge McFarland (1) select appropriate milestones; (1) insert the following (and redesignate sub- of the Corps of Engineers in ready reserve (2) determine, at the time of such selection, sequent paragraphs accordingly): status not later than October 1, 2008.’’. whether the projects are being carried out at (1) ALISO CREEK, CALIFORNIA.—Projects for Strike section 3020 of the bill and insert comparable rates; and emergency streambank protection, Aliso the following: (3) make an annual report to Congress, begin- Creek, California. ning in fiscal year 2008, regarding whether the In section 1006(a) of the bill, after para- SEC. 3020. SACRAMENTO AND AMERICAN RIVERS FLOOD CONTROL, CALIFORNIA. projects are being carried out at a comparable graph (2) insert the following (and redesig- (a) IN GENERAL.—The Secretary shall pro- rate. nate subsequent paragraphs accordingly): vide credit to the Sacramento Area Flood (b) NO COMPARABLE RATE.—If the Secretary (3) ALISO CREEK, CALIFORNIA.—Project for Control Agency, in the amount of $20,503,000, or Congress determines under subsection (a)(2) aquatic ecosystem restoration, Aliso Creek, for the non-reimbursed Federal share of that projects authorized under this title are not California. costs incurred by the Agency in connection moving toward completion at a comparable rate, In section 1006(a) of the bill, after para- the project for flood control and recreation, annual funding requests for the projects shall be graph (15) insert the following (and redesig- Sacramento and American Rivers, California adjusted to ensure that the projects move to- nate subsequent paragraphs accordingly): (Natomas Levee features), authorized by sec- ward completion at a comparable rate in the fu- (16) KALAMAZOO RIVER WATERSHED, BATTLE tion 9159 of the Department of Defense Ap- ture. CREEK, MICHIGAN.—Project for aquatic ecosystem restoration, Kalamazoo River water- propriations Act, 1993 (106 Stat. 1944). The CHAIRMAN. No amendment to (b) ALLOCATION OF CREDIT.—The Secretary shed, Battle Creek, Michigan. the committee amendment is in order In section 1006 of the bill, strike subsection shall allocate the amount to be credited except those printed in House Report (b) (and strike the subsection designation under subsection (a) toward the non-Federal 110–100. Each amendment may be of- and heading for subsection (a)). share of such projects as are requested by fered only in the order printed in the In section 2015(a)(1)(B) of the bill, after the Sacramento Area Flood Control Agency. report, by a Member designated in the ‘‘Guam,’’ insert ‘‘the State of Hawaii,’’. In section 3023 of the bill, strike ‘‘a study In section 2039(a) of the bill, insert before for the reallocation of water storage’’ and in- report, shall be considered read, shall sert ‘‘a study of water conservation and be debatable for the time specified in ‘‘the Secretary shall include’’ the following: ‘‘and for the project for navigation, Houma water quality’’. the report, equally divided and con- Navigation Canal, Louisiana, being con- In section 3079(c) of the bill, strike trolled by the proponent and an oppo- ducted pursuant to the Energy and Water ‘‘$5,000,000’’ and insert ‘‘$7,000,000’’. nent of the amendment, shall not be Development Appropriations Act, 1995 (Pub- After section 3087 of the bill, insert the fol- subject to amendment, and shall not be lic Law 103–316),’’. lowing (and redesignate subsequent sections, subject to a demand for division of the At the end of title II of the bill, add the and conform the table of contents, accordingly): question. following (and conform the table of contents accordingly): SEC. 3088. WESTERN SARPY AND CLEAR CREEK, AMENDMENT NO. 1 OFFERED BY MR. OBERSTAR SEC. 2041. SUPPORT OF ARMY CIVIL WORKS PRO- NEBRASKA. The CHAIRMAN. It is now in order to GRAM. The project for ecosystem restoration and consider amendment No. 1 printed in (a) IN GENERAL.—Notwithstanding section flood damage reduction, authorized by sec- House Report 110–100, as modified by 2361 of title 10, United States Code, the Sec- tion 101(b)(21) of the Water Resources Devel- the earlier order of the House. retary is authorized to provide assistance opment Act of 2000 (114 Stat. 2578), is modi- Mr. OBERSTAR. Mr. Chairman, I through contracts, cooperative agreements, fied to authorize the Secretary to construct offer an amendment. and grants to— the project at a total cost of $21,664,000, with an estimated Federal cost of $14,082,000 and The CHAIRMAN. The Clerk will des- (1) the University of Tennessee, Knoxville, Tennessee, for establishment and operation an estimated non-Federal cost of $7,582,000. ignate the amendment. of the Southeastern Water Resources Insti- Strike section 3110 of the bill (and redesig- The text of the amendment is as fol- tute to study sustainable development and nate subsequent sections, and conform the lows: utilization of water resources in the south- table of contents, accordingly). Amendment No. 1 offered by Mr. OBER- eastern United States; After section 3113 of the bill, insert the fol- STAR: (2) Lewis and Clark Community College, Il- lowing (and redesignate subsequent sections, In section 1001(21) of the bill, add at the linois, for the Great Rivers National Re- and conform the table of contents, accord- end the following: search and Education Center (including fa- ingly): (C) OPERATION AND MAINTENANCE.—The op- cilities that have been or will be constructed SEC. 3114. BLUESTONE LAKE, OHIO RIVER BASIN, eration, maintenance, repair, rehabilitation, at one or more locations in the vicinity of WEST VIRGINIA. and replacement of the Houma Navigation the confluence of the Illinois River, the Mis- Section 102(ff) of the Water Resources De- Canal lock complex and the Gulf Intra- souri River, and the Mississippi River), a col- velopment Act of 1992 (106 Stat. 4810, 110 coastal Waterway floodgate features that laborative effort of Lewis and Clark Commu- Stat. 3726, 113 Stat. 312) is amended to read provide for inland waterway transportation nity College, the University of Illinois, the as follows: shall be a Federal responsibility in accord- Illinois Department of Natural Resources ‘‘(ff) BLUESTONE LAKE, OHIO RIVER BASIN, ance with section 102 of the Water Resources and Environmental Sciences, and other enti- WEST VIRGINIA.— Development Act of 1986 (33 U.S.C. 2212). ties, for the study of river ecology, devel- ‘‘(1) IN GENERAL.—The project for flood In section 1001 of the bill, after paragraph oping watershed and river management control, Bluestone Lake, Ohio River Basin, (41) insert the following (and redesignate strategies, and educating students and the West Virginia, authorized by section 4 of the subsequent paragraphs accordingly): public on river issues; and Flood Control Act of 1938 (52 Stat. 1217) is (42) RIVERSIDE OXBOW, TEXAS.—The project (3) the University of Texas at Dallas for modified to direct the Secretary to imple- for environmental restoration, Riverside support and operation of the International ment Plan C/G, as defined in the Evaluation Oxbow, Texas: Report of the Chief of Engi- Center for Decision and Risk Analysis to Report of the District Engineer dated De- neers, dated May 29, 2003, at a total cost of study risk analysis and control methods for cember 1996, to prohibit the release of drift

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LANCASTER, CALIFORNIA. project, except for that organic matter nec- The Secretary shall conduct a study to de- Section 219(f)(50) of the Water Resources essary to maintain and enhance the biologi- termine the feasibility of carrying out a Development Act of 1992 (114 Stat. 2763A-220) cal resources of such waters and such non- project for streambank protection and envi- is amended— obtrusive items of debris as may not be eco- ronmental restoration along Aliso Creek, (1) by inserting after ‘‘water’’ the fol- nomically feasible to prevent being released California. lowing: ‘‘and wastewater’’; and through such project, including measures to Strike section 4038 of the bill (and redesig- (2) by striking ‘‘$14,500,000’’ and inserting prevent the accumulation of drift and debris nate subsequent sections, and conform the ‘‘$24,500,000’’. at the project, the collection and removal of table of contents, accordingly). After section 5056 of the bill, insert the fol- drift and debris on the segment of the New Strike section 4079 of the bill (and redesig- lowing (and redesignate subsequent sections, River upstream of the project, and the re- nate subsequent sections, and conform the and conform the table of contents, accord- moval (through use of temporary or perma- table of contents, accordingly). ingly): nent systems) and disposal of accumulated In section 5001(a) of the bill, after para- SEC. 5057. EAST CENTRAL AND NORTHEAST drift and debris at Bluestone Dam. graph (1) insert the following (and redesig- FLORIDA. ‘‘(2) COOPERATIVE AGREEMENT.—In carrying nate subsequent paragraphs accordingly): (a) EAST CENTRAL AND NORTHEAST FLORIDA out the downstream cleanup under the plan (2) West turning basin, Canaveral Harbor, REGION DEFINED.—In this section, the term referred to in paragraph (1), the Secretary Florida. ‘‘East Central and Northeast Florida Re- may enter into a cooperative agreement with In section 5002(d) of the bill, before para- gion’’ means Flagler County, St. Johns the West Virginia Department of Environ- graph (1) insert the following (and redesig- County, Putman County (east of the St. mental Protection for the department to nate subsequent paragraphs accordingly): Johns River), Seminole County, Volusia carry out the cleanup, including contracting (1) Charlotte Harbor watershed, Florida. County, the towns of Winter Park, Maitland, In section 5002(d) of the bill, after para- and procurement services, contract adminis- and Palatka, Florida. graph (14) insert the following (and redesig- (b) ESTABLISHMENT OF PROGRAM.—The Sec- tration and management, transportation and nate subsequent paragraphs accordingly): retary may establish a program to provide disposal of collected materials, and disposal (15) Tuscarawas River basin, Ohio. environmental assistance to non-Federal in- fees. In section 5003(a)(2) of the bill, strike terests in the East Central and Northeast ‘‘(3) INITIAL CLEANUP.—The Secretary may ‘‘Saginaw’’ and insert ‘‘Flint’’. Florida Region. provide the department up to $150,000 from In section 5007 of the bill, before paragraph (c) FORM OF ASSISTANCE.—Assistance under funds previously appropriated for this pur- (1) insert the following (and redesignate sub- this section may be in the form of design and pose for the Federal share of the costs of the sequent paragraphs accordingly): construction assistance for water-related en- initial cleanup under the plan.’’. (1) Daytona Beach shore protection vironmental infrastructure and resource pro- In section 3119(a) of the bill, redesignate project, Florida. tection and development projects in the East paragraph (3) as paragraph (4) and insert (2) Flagler Beach shore protection project, Central and Northeast Florida Region, in- after paragraph (2) the following: Florida. cluding projects for wastewater treatment (3) The project for navigation, Baltimore (3) St. Johns County shore protection and related facilities, water supply and re- Harbor and Channels, Maryland and Vir- project, Florida. lated facilities, environmental restoration, ginia, authorized by section 101 of the River After section 5015 of the bill, insert the fol- and surface water resource protection and and Harbor Act of 1970 (84 Stat. 1818). lowing (and redesignate subsequent sections, development. In section 3121(a) of the bill, after para- and conform the table of contents, accord- (d) OWNERSHIP REQUIREMENT.—The Sec- graph (3) insert the following (and redesig- ingly) retary may provide assistance for a project nate subsequent paragraphs accordingly): SEC. 5016. GREAT LAKES PILOT PROJECT. under this section only if the project is pub- (4) ROCKLAND HARBOR, MAINE.—The portion Using available funds, the Secretary, in co- licly owned. of the project for navigation, Rockland Har- ordination with the Administrator of the En- (e) PARTNERSHIP AGREEMENTS.— bor, Maine, authorized by the Act of June 3, vironmental Protection Agency, the Com- (1) IN GENERAL.—Before providing assist- 1896 (29 Stat. 202), consisting of a 14-foot mandant of the Coast Guard, the Director of ance under this section, the Secretary shall channel located in Lermond Cove and begin- the United States Fish and Wildlife Service, enter into a partnership agreement with a ning at a point with coordinates N9977.37, and the Director of the Animal and Plant non-Federal interest to provide for design E340290.02, thence running easterly about Health Inspection Service, shall carry out a and construction of the project to be carried 200.00 feet to a point with coordinates pilot project, on an emergency basis, to con- out with the assistance. N99978.49, E340490.02, thence running north- trol and prevent further spreading of viral (2) REQUIREMENTS.—Each partnership erly about 138.00 feet to a point with coordi- hemorrhagic septicemia in the Great Lakes agreement for a project entered into under nates N100116.49, E340289.25, thence running and their connecting channels. this subsection shall provide for the fol- westerly about 200.00 feet to a point with co- SEC. 5017. SAINT LAWRENCE SEAWAY. lowing: ordinates N100115.37, E340289.25, thence run- (a) IN GENERAL.—The Secretary is author- (A) PLAN.—Development by the Secretary, ning southerly about 138.00 feet to the point ized, using amounts contributed by the Saint in consultation with appropriate Federal and of origin. Lawrence Seaway Development Corporation State officials, of a facilities or resource protection and development plan, including ap- In section 3123 of the bill, after subsection under subsection (b), to carry out projects propriate engineering plans and specifica- (a) insert the following (and redesignate sub- for operations, maintenance, repair, and re- tions. sequent subsections accordingly): habilitation, including associated maintenance dredging, of the Eisenhower and Snell (B) LEGAL AND INSTITUTIONAL STRUC- (b) LAKE TEXOMA, OKLAHOMA.— lock facilities and related navigational infra- TURES.—Establishment of such legal and in- (1) RELEASE OF REVERSIONARY INTEREST.— structure for the Saint Lawrence Seaway, at stitutional structures as are necessary to en- Any reversionary interest relating to public a total cost of $134,650,000. sure the effective long-term operation of the parks and recreation on the land conveyed (b) SOURCE OF FUNDS.—The Secretary is au- project by the non-Federal interest. by the Secretary to the State of Oklahoma thorized to accept funds from the Saint Law- (3) COST SHARING.— at Lake Texoma pursuant to the Act entitled rence Seaway Development Corporation to (A) IN GENERAL.—The Federal share of the ‘‘An Act to authorize the sale of certain carry out projects under this section. Such project costs under each partnership agree- lands to the State of Oklahoma’’, approved funds may include amounts made available ment entered into under this subsection June 16, 1953 (67 Stat. 63), is terminated as of to the Corporation from the Harbor Mainte- shall be 75 percent. The Federal share may the date of enactment of this Act. nance Trust Fund and the general fund of the be provided in the form of grants or reim- (2) INSTRUMENT OF RELEASE.—As soon as Treasury of the United States pursuant to bursements of project costs. practicable after the date of enactment of section 210 of the Water Resources Develop- (B) CREDIT FOR WORK.—The non-Federal in- this Act, the Secretary shall execute and file ment Act of 1986 (33 U.S.C. 2238). terests shall receive credit for the reasonable in the appropriate office a deed of release, an Strike section 5029 of the bill and insert cost of design work on a project completed amended deed, or another appropriate instru- the following: by the non-Federal interest before entering ment to release each reversionary interest SEC. 5029. FIRE ISLAND, ALASKA. into a partnership agreement with the Sec- described in subsection (a). (a) IN GENERAL.—The Secretary is author- retary for such project. (3) PRESERVATION OF RESERVED RIGHTS.— ized to provide planning, design, and con- (C) CREDIT FOR INTEREST.—In case of a Release of a reversionary interest in accord- struction assistance to the non-Federal in- delay in the funding of the non-Federal share ance with this section shall not be construed terest for the construction of a barge landing of a project that is the subject of an agree- to affect any other right excepted or re- facility on Fire Island, Alaska. ment under this section, the non-Federal in- served for the United States in a deed of con- (b) AUTHORIZATION OF APPROPRIATIONS.— terest shall receive credit for reasonable in- veyance made pursuant to such Act of June There is authorized to be appropriated terest incurred in providing the non-Federal 16, 1953. $5,000,000 to carry out this section. share of the project’s costs. After section 4010 of the bill, insert the fol- After section 5046 of the bill, insert the fol- (D) LAND, EASEMENTS, AND RIGHTS-OF-WAY lowing (and redesignate subsequent sections, lowing (and redesignate subsequent sections, CREDIT.—The non-Federal interest shall re- and conform the table of contents, accord- and conform the table of contents, accord- ceive credit for land, easements, rights-of- ingly): ingly): way, and relocations toward the non-Federal

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share of project costs (including all reason- (3) COST SHARING.— (e) FEDERAL SHARE.—The Federal share of able costs associated with obtaining permits (A) IN GENERAL.—The Federal share of the the cost of the project shall be 50 percent. necessary for the construction, operation, project costs under each partnership agree- (f) AUTHORIZATION OF APPROPRIATIONS.— and maintenance of the project on publicly ment entered into under this subsection There is authorized to be appropriated to owned or controlled land), but such credit shall be 75 percent. The Federal share may carry out this section $3,000,000. may not exceed 25 percent of total project be in the form of grants or reimbursements In section 5065 of the bill, before ‘‘and, if’’ costs. of project costs. insert the following: ‘‘authorized by section 4 (E) OPERATION AND MAINTENANCE.—The (B) CREDIT FOR WORK.—The non-Federal in- of the Flood Control Act of June 28, 1938 (52 non-Federal share of operation and mainte- terests shall receive credit for the reasonable Stat. 1217)’’. Strike section 5070 of the bill (and redesig- nance costs for projects constructed with as- cost of design work on a project completed nate subsequent sections, and conform the sistance provided under this section shall be by the non-Federal interest before entering table of contents, accordingly). 100 percent. into a partnership agreement with the Sec- After section 5070 of the bill, insert the fol- (f) APPLICABILITY OF OTHER FEDERAL AND retary for such project. lowing (and redesignate subsequent sections, STATE LAWS.—Nothing in this section (C) CREDIT FOR INTEREST.—In case of a and conform the table of contents, accord- waives, limits, or otherwise affects the appli- delay in the funding of the non-Federal share ingly): cability of any provision of Federal or State of a project that is the subject of an agree- SEC. 5071. EAST ATCHAFALAYA BASIN AND AMITE law that would otherwise apply to a project ment under this section, the non-Federal in- RIVER BASIN REGION, LOUISIANA. to be carried out with assistance provided terest shall receive credit for reasonable in- (a) EAST ATCHAFALAYA BASIN AND AMITE under this section. terest incurred in providing the non-Federal RIVER BASIN REGION DEFINED.—In this sec- (g) NONPROFIT ENTITIES.—Notwithstanding share of the project’s costs. tion, the term ‘‘East Atchafalaya Basin and section 221(b) of the Flood Control Act of (D) LAND, EASEMENTS, AND RIGHTS-OF-WAY Amite River Basin Region’’ means the fol- 1970 (42 U.S.C. 1962d-5b(b)), for any project CREDIT.—The non-Federal interest shall re- lowing parishes and municipalities in the undertaken under this section, a non-Federal ceive credit for land, easements, rights-of- State of Louisiana: Ascension, East Baton interest may include a nonprofit entity. way, and relocations toward the non-Federal Rouge, East Feliciana, Iberville, Livingston, (h) CORPS OF ENGINEERS EXPENSES.—Ten share of project costs (including all reason- Pointe Coupee, St. Helena, West Baton percent of the amounts appropriated to carry able costs associated with obtaining permits Rouge, and West Feliciana. out this section may be used by the Corps of necessary for the construction, operation, (b) ESTABLISHMENT OF PROGRAM.—The Sec- Engineers district offices to administer and maintenance of the project on publicly retary may establish a program to provide projects under this section at Federal ex- owned or controlled land), but not to exceed environmental assistance to non-Federal in- pense. 25 percent of total project costs. terests in the East Atchafalaya Basin and (i) AUTHORIZATION OF APPROPRIATIONS.— (E) OPERATION AND MAINTENANCE.—The Amite River Basin Region. There is authorized to be appropriated to non-Federal share of operation and mainte- (c) FORM OF ASSISTANCE.—Assistance under carry out this section $40,000,000. Such sums nance costs for projects constructed with as- this section may be in the form of design and shall remain available until expended. sistance provided under this section shall be construction assistance for water-related en- SEC. 5058. LAKE LANIER, GEORGIA. 100 percent. vironmental infrastructure and resource pro- The Secretary may assist local interests (f) APPLICABILITY OF OTHER FEDERAL AND tection and development projects in the East with planning, design, and construction of STATE LAWS.—Nothing in this section Atchafalaya Basin and Amite River Basin facilities at the Lake Lanier Olympic Cen- waives, limits, or otherwise affects the appli- Region, including projects for wastewater ter, Georgia, at a total cost of $5,300,000. cability of any provision of Federal or State treatment and related facilities, water sup- After section 5062 of the bill, insert the fol- law that would otherwise apply to a project ply and related facilities, environmental res- lowing (and redesignate subsequent sections, to be carried out with assistance provided toration, and surface water resource protec- and conform the table of contents, accord- under this section. tion and development. (d) OWNERSHIP REQUIREMENT.—The Sec- ingly): (g) NONPROFIT ENTITIES.—Notwithstanding retary may provide assistance for a project SEC. 5063. SOUTHWEST ILLINOIS. section 221(b) of the Flood Control Act of under this section only if the project is pub- (a) SOUTHWEST ILLINOIS DEFINED.—In this 1970 (42 U.S.C. 1962d-5b(b)), for any project licly owned. section, the term ‘‘Southwest Illinois’’ undertaken under this section, a non-Federal (e) PARTNERSHIP AGREEMENTS.— means the counties of Madison, St. Clair, interest may include a nonprofit entity. (1) IN GENERAL.—Before providing assist- Monroe, Randolph, Perry, Franklin, Jack- (h) CORPS OF ENGINEERS EXPENSES.—Ten ance under this section, the Secretary shall son, Union, Alexander, Pulaski, and percent of the amounts appropriated to carry enter into a partnership agreement with a Williamson, Illinois. out this section may be used by the Corps of non-Federal interest to provide for design (b) ESTABLISHMENT OF PROGRAM.—The Sec- Engineers district offices to administer and construction of the project to be carried retary may establish a program to provide projects under this section at Federal ex- out with the assistance. environmental assistance to non-Federal in- pense. (2) REQUIREMENTS.—Each partnership terests in Southwest Illinois. (i) AUTHORIZATION OF APPROPRIATIONS.— (c) FORM OF ASSISTANCE.—Assistance under There is authorized to be appropriated to agreement of a project entered into under this section may be in the form of design and carry out this section $40,000,000. Such sums this subsection shall provide for the fol- construction assistance for water-related en- shall remain available until expended. lowing: vironmental infrastructure and resource pro- After section 5064 of the bill, insert the fol- (A) PLAN.—Development by the Secretary, tection and development projects in South- lowing (and redesignate subsequent sections, in consultation with appropriate Federal and west Illinois, including projects for waste- and conform the table of contents, accord- State officials, of a facilities or resource pro- water treatment and related facilities, water ingly): tection and development plan, including ap- supply and related facilities, and surface SEC. 5065. FLOODPLAIN MAPPING, MISSOURI propriate engineering plans and specifica- water resource protection and development. RIVER, IOWA. tions. (d) OWNERSHIP REQUIREMENT.—The Sec- (a) IN GENERAL.—The Secretary shall pro- (B) LEGAL AND INSTITUTIONAL STRUC- retary may provide assistance for a project vide assistance for a project to develop maps TURES.—Establishment of such legal and in- under this section only if the project is pub- identifying 100- and 500-year flood inundation stitutional structures as are necessary to en- licly owned. areas in the State of Iowa, along the Mis- sure the effective long-term operation of the (e) PARTNERSHIP AGREEMENTS.— souri River. project by the non-Federal interest. (1) IN GENERAL.—Before providing assist- (b) REQUIREMENTS.—Maps developed under (3) COST SHARING.— ance under this section, the Secretary shall the project shall include hydrologic and hy- (A) IN GENERAL.—The Federal share of the enter into a partnership agreement with a draulic information and shall accurately project costs under each partnership agree- non-Federal interest to provide for design portray the flood hazard areas in the flood- ment entered into under this subsection and construction of the project to be carried plain. The maps shall be produced in a high shall be 75 percent. The Federal share may out with the assistance. resolution format and shall be made avail- be provided in the form of grants or reim- (2) REQUIREMENTS.—Each partnership able to the State of Iowa in an electronic for- bursements of project costs. agreement entered into under this sub- mat. (B) CREDIT FOR WORK.—The non-Federal in- section shall provide for the following: (c) PARTICIPATION OF FEMA.—The Sec- terests shall receive credit for the reasonable (A) PLAN.—Development by the Secretary, retary and the non-Federal interests for the cost of design work on a project completed in consultation with appropriate Federal and project shall work with the Director of the by the non-Federal interest before entering State officials, of a facilities or resource pro- Federal Emergency Management Agency to into a partnership agreement with the Sec- tection and development plan, including ap- ensure the validity of the maps developed retary for such project. propriate engineering plans and specifica- under the project for flood insurance pur- (C) CREDIT FOR INTEREST.—In case of a tions. poses. delay in the funding of the non-Federal share (B) LEGAL AND INSTITUTIONAL STRUC- (d) FORMS OF ASSISTANCE.—In carrying out of a project that is the subject of an agree- TURES.—Establishment of such legal and in- the project, the Secretary may enter into ment under this section, the non-Federal institutional structures as are necessary to en- contracts or cooperative agreements with terest shall receive credit for reasonable insure the effective long-term operation of the the non-Federal interests or provide reim- terest incurred in providing the non-Federal project by the non-Federal interest. bursements of project costs. share of the project’s costs.

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(D) LAND, EASEMENTS, AND RIGHTS-OF-WAY tection and development plan, including ap- wastewater treatment and related facilities, CREDIT.—The non-Federal interest shall re- propriate engineering plans and specifica- water supply and related facilities, environ- ceive credit for land, easements, rights-of- tions. mental restoration, and surface water re- way, and relocations toward the non-Federal (B) LEGAL AND INSTITUTIONAL STRUC- source protection and development. share of project costs (including all reason- TURES.—Establishment of such legal and in- (d) OWNERSHIP REQUIREMENT.—The Sec- able costs associated with obtaining permits stitutional structures as are necessary to en- retary may provide assistance for a project necessary for the construction, operation, sure the effective long-term operation of the under this section only if the project is pub- and maintenance of the project on publicly project by the non-Federal interest. licly owned. owned or controlled land), but such credit (3) COST SHARING.— (e) PARTNERSHIP AGREEMENTS.— N GENERAL may not exceed 25 percent of total project (A) IN GENERAL.—The Federal share of the (1) I .—Before providing assist- costs. project cost under each partnership agree- ance under this section, the Secretary shall enter into a partnership agreement with a (E) OPERATION AND MAINTENANCE.—The ment entered into under this subsection non-Federal share of operation and mainte- shall be 75 percent. The Federal share may non-Federal interest to provide for design nance costs for projects constructed with as- be in the form of grants or reimbursements and construction of the project to be carried sistance provided under this section shall be of project costs. out with the assistance. (2) REQUIREMENTS.—Each partnership 100 percent. (B) CREDIT FOR WORK.—The non-Federal in- agreement entered into under this sub- (f) APPLICABILITY OF OTHER FEDERAL AND terests shall receive credit for the reasonable section shall provide for the following: STATE LAWS.—Nothing in this section cost of design work on a project completed (A) PLAN.—Development by the Secretary, waives, limits, or otherwise affects the appli- by the non-Federal interest before entering in consultation with appropriate Federal and cability of any provision of Federal or State into a partnership agreement with the Sec- State officials, of a facilities or resource pro- law that would otherwise apply to a project retary for such project. tection and development plan, including ap- to be carried out with assistance provided (C) CREDIT FOR INTEREST.—In case of a propriate engineering plans and specifica- under this section. delay in the funding of the non-Federal share tions. (g) NONPROFIT ENTITIES.—Notwithstanding of a project that is the subject of an agree- (B) LEGAL AND INSTITUTIONAL STRUC- section 221(b) of the Flood Control Act of ment under this section, the non-Federal in- TURES.—Establishment of such legal and in- 1970 (42 U.S.C. 1962d-5b(b)), for any project terest shall receive credit for reasonable institutional structures as are necessary to en- undertaken under this section, a non-Federal terest incurred in providing the non-Federal sure the effective long-term operation of the interest may include a nonprofit entity. share of the project cost. project by the non-Federal interest. (h) CORPS OF ENGINEERS EXPENSES.—Ten (D) LAND, EASEMENTS, AND RIGHTS-OF-WAY (3) COST SHARING.— percent of the amounts appropriated to carry CREDIT.—The non-Federal interest shall re- (A) IN GENERAL.—The Federal share of the out this section may be used by the Corps of ceive credit for land, easements, rights-of- project costs under each partnership agree- Engineers district offices to administer way, and relocations toward the non-Federal ment entered into under this subsection projects under this section at Federal ex- share of project cost (including all reason- shall be 75 percent. The Federal share may pense. able costs associated with obtaining permits be in the form of grants or reimbursements (i) AUTHORIZATION OF APPROPRIATIONS.— necessary for the construction, operation, of project costs. There is authorized to be appropriated to and maintenance of the project on publicly (B) CREDIT FOR WORK.—The non-Federal in- carry out this section $40,000,000. Such sums owned or controlled land), but not to exceed terests shall receive credit for the reasonable shall remain available until expended. 25 percent of total project cost. cost of design work on a project completed After section 5098 of the bill, insert the fol- (E) OPERATION AND MAINTENANCE.—The by the non-Federal interest before entering lowing (and redesignate subsequent sections, non-Federal share of operation and mainte- into a partnership agreement with the Sec- and conform the table of contents, accord- nance costs for projects constructed with as- retary for such project. ingly): sistance provided under this section shall be (C) CREDIT FOR INTEREST.—In case of a SEC. 5099. CLINTON COUNTY, PENNSYLVANIA. 100 percent. delay in the funding of the non-Federal share Section 219(f)(13) of the Water Resources (f) APPLICABILITY OF OTHER FEDERAL AND of a project that is the subject of an agree- Development Act of 1992 (113 Stat. 335) is STATE LAWS.—Nothing in this section ment under this section, the non-Federal in- amended by striking ‘‘$1,000,000’’ and insert- waives, limits, or otherwise affects the appli- terest shall receive credit for reasonable in- ing ‘‘$2,000,000’’. cability of any provision of Federal or State terest incurred in providing the non-Federal After section 5104 of the bill, insert the fol- law that would otherwise apply to a project share of the project’s costs. lowing (and redesignate subsequent sections, to be carried out with assistance provided (D) LAND, EASEMENTS, AND RIGHTS-OF-WAY and conform the table of contents, accord- under this section. CREDIT.—The non-Federal interest shall re- ingly): (g) NONPROFIT ENTITIES.—Notwithstanding ceive credit for land, easements, rights-of- SEC. 5105. EAST TENNESSEE. section 221(b) of the Flood Control Act of way, and relocations toward the non-Federal (a) EAST TENNESSEE DEFINED.—In this sec- 1970 (42 U.S.C. 1962d-5b(b)), for any project share of project costs (including all reason- tion, the term ‘‘East Tennessee’’ means the undertaken under this section, a non-Federal able costs associated with obtaining permits counties of Blount, Knox, Loudon, McMinn, interest may include a nonprofit entity with necessary for the construction, operation, Monroe, and Sevier, Tennessee. the consent of the affected local government. and maintenance of the project on publicly (b) ESTABLISHMENT OF PROGRAM.—The Sec- (h) CORPS OF ENGINEERS EXPENSES.—Ten owned or controlled land), but such credit retary may establish a program to provide percent of the amounts appropriated to carry may not exceed 25 percent of total project environmental assistance to non-Federal in- out this section may be used by the Corps of costs. terests in East Tennessee. Engineers district offices to administer (E) OPERATION AND MAINTENANCE.—The (c) FORM OF ASSISTANCE.—Assistance under projects under this section at Federal ex- non-Federal share of operation and mainte- this section may be in the form of design and pense. nance costs for projects constructed with as- construction assistance for water-related en- (i) AUTHORIZATION OF APPROPRIATIONS.— sistance provided under this section shall be vironmental infrastructure and resource pro- There is authorized to be appropriated to 100 percent. tection and development projects in East carry out this section $40,000,000. Such sums (f) APPLICABILITY OF OTHER FEDERAL AND Tennessee, including projects for wastewater shall remain available until expended. STATE LAWS.—Nothing in this section treatment and related facilities, water sup- After section 5110 of the bill, insert the fol- waives, limits, or otherwise affects the appli- ply and related facilities, environmental res- lowing (and redesignate subsequent sections, cability of any provision of Federal or State toration, and surface water resource protec- and conform the table of contents, accord- law that would otherwise apply to a project tion and development. ingly): to be carried out with assistance provided (d) OWNERSHIP REQUIREMENT.—The Sec- SEC. 5111. DALLAS COUNTY REGION, TEXAS. under this section. (g) NONPROFIT ENTITIES.—Notwithstanding retary may provide assistance for a project (a) DALLAS COUNTY REGION DEFINED.—In under this section only if the project is pub- this section, the term ‘‘Dallas County re- section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project licly owned. gion’’ means the city of Dallas, and the mu- undertaken under this section, a non-Federal (e) PARTNERSHIP AGREEMENTS.— nicipalities of DeSoto, Duncanville, Lan- interest may include a nonprofit entity. (1) IN GENERAL.—Before providing assist- caster, Wilmer, Hutchins, Balch Springs, (h) CORPS OF ENGINEERS EXPENSES.—Ten ance under this section, the Secretary shall Cedar Hill, Glenn Heights, and Ferris, Texas. percent of the amounts appropriated to carry enter into a partnership agreement with a (b) ESTABLISHMENT OF PROGRAM.—The Sec- out this section may be used by the Corps of non-Federal interest to provide for design retary may establish a program to provide Engineers district offices to administer and construction of the project to be carried environmental assistance to non-Federal in- projects under this section at Federal ex- out with the assistance. terests in the Dallas County region. pense. (2) REQUIREMENTS.—Each partnership (c) FORM OF ASSISTANCE.—Assistance under (i) AUTHORIZATION OF APPROPRIATIONS.— agreement entered into under this sub- this section may be in the form of design and There is authorized to be appropriated to section shall provide for the following: construction assistance for water-related en- carry out this section $40,000,000. Such sums (A) PLAN.—Development by the Secretary, vironmental infrastructure and resource pro- shall remain available until expended. in consultation with appropriate Federal and tection and development projects in the Dal- After section 5112 of the bill, insert the fol- State officials, of a facilities or resource pro- las County region, including projects for lowing (and redesignate subsequent sections,

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and conform the table of contents, accord- ‘‘(75) INDIANAPOLIS, INDIANA.—$6,430,000 for Mountain project, Montezuma and La Plata ingly): environmental infrastructure for Indianap- Counties, Colorado. SEC. 5113. JOHNSON CREEK, ARLINGTON, TEXAS. olis, Indiana.’’; ‘‘(96) OTERO, BENT, CROWLEY, KIOWA, AND (a) IN GENERAL.—The project for flood (5) by redesignating the paragraph (73) re- PROWERS COUNTIES, COLORADO.—$35,000,000 for damage reduction, environmental restora- lating to St. Croix Falls, Wisconsin, as para- water transmission infrastructure, Otero, tion, and recreation, Johnson Creek, Arling- graph (76); and Bent, Crowley, Kiowa, and Prowers Counties, ton, Texas, authorized by section 101(b)(14) of (6) by adding at the end the following: Colorado. the Water Resources Development Act of ‘‘(77) ST. CLAIR COUNTY, ALABAMA.— ‘‘(97) PUEBLO AND OTERO COUNTIES, COLO- 1999 (113 Stat 280), is modified to authorize $5,000,000 for water related infrastructure, RADO.—$34,000,000 for water transmission in- the Secretary to construct the project sub- St. Clair County, Alabama. frastructure, Pueblo and Otero Counties, stantially in accordance with the report en- ‘‘(78) CRAWFORD COUNTY, ARKANSAS.— Colorado. titled ‘‘Johnson Creek: A Vision of Conserva- $35,000,000 for water supply infrastructure, ‘‘(98) LEDYARD AND MONTVILLE, CON- tion’’, dated March 30, 2006, at a total cost of Crawford County, Arkansas. NECTICUT.—$7,113,000 for water infrastruc- $80,000,000, with an estimated Federal cost of ‘‘(79) ALAMEDA AND CONTRA COSTA COUNTIES, ture, Ledyard and Montville, Connecticut. $52,000,000 and an estimated non-Federal cost CALIFORNIA.—$25,000,000 for recycled water ‘‘(99) ANACOSTIA RIVER, DISTRICT OF COLUM- of $28,000,000, if the Secretary determines treatment facilities within the East Bay Mu- BIA AND MARYLAND.—$20,000,000 for environ- that the project is feasible. nicipal Utility District service area, Ala- mental infrastructure and resource protec- (b) NON-FEDERAL SHARE.— meda and Contra Costa Counties, California. tion and development to enhance water qual- (1) IN GENERAL.—The non-Federal share of ‘‘(80) ARCADIA, SIERRA MADRE, AND UPLAND, ity and living resources in the Anacostia the cost of the project may be provided in CALIFORNIA.—$33,000,000 for water and waste- River watershed, District of Columbia and cash or in the form of in-kind services or ma- water infrastructure, Arcadia, Sierra Madre, Maryland. terials. and Upland, California, including $13,000,000 ‘‘(100) WASHINGTON, DISTRICT OF COLUM- (2) CREDIT.—The Secretary shall credit to- for stormwater infrastructure for Upland, BIA.—$35,000,000 for implementation of a ward the non-Federal share of the cost of the California. combined sewer overflow long-term control project the cost of planning, design, and con- ‘‘(81) BIG BEAR AREA REGIONAL WASTEWATER plan, Washington, District of Columbia. struction work carried out by the non-Fed- AGENCY, CALIFORNIA.—$15,000,000 for water ‘‘(101) CHARLOTTE COUNTY, FLORIDA.— eral interest for implementation of the reclamation and distribution, Big Bear Area $3,000,000 for water supply infrastructure, project, if the Secretary determines that the Regional Wastewater Agency, California. Charlotte County, Florida. work is integral to the project. ‘‘(82) BRAWLEY COLONIA, IMPERIAL COUNTY, ‘‘(102) CHARLOTTE, LEE, AND COLLIER COUN- (c) SPECIAL RULE.—In evaluating and im- CALIFORNIA.—$1,400,000 for water infrastruc- TIES, FLORIDA.—$20,000,000 for water supply plementing the project, the Secretary shall ture to improve water quality in the Brawley interconnectivity infrastructure, Charlotte, allow the non-Federal interest to participate Colonia Water District, Imperial County, Lee, and Collier Counties, Florida. in the financing of the project in accordance California. ‘‘(103) COLLIER COUNTY, FLORIDA.—$5,000,000 with section 903(c) of the Water Resources ‘‘(83) CONTRA COSTA WATER DISTRICT, CALI- for water infrastructure to improve water Development Act of 1986 (100 Stat. 4184). FORNIA.—$23,000,000 for water and wastewater quality in the vicinity of the Gordon River, (d) CONFORMING AMENDMENT.—Section 134 infrastructure for the Contra Costa Water Collier County, Florida. of the Energy and Water Development Ap- District, California. ‘‘(104) JACKSONVILLE, FLORIDA.—$25,000,000 propriations Act, 2006 (119 Stat. 2263) is re- ‘‘(84) EAST BAY, SAN FRANCISCO, AND SANTA for wastewater related infrastructure, in- pealed. CLARA AREAS, CALIFORNIA.—$4,000,000 for a de- cluding septic tank replacements, Jackson- In section 5121 of the bill, strike ‘‘and’’ at salination project to serve the East Bay, San ville, Florida. the end of paragraph (1)(B), redesignate para- Francisco, and Santa Clara areas, California. ‘‘(105) SARASOTA COUNTY, FLORIDA.— graph (2) as paragraph (3), and insert after ‘‘(85) IMPERIAL COUNTY, CALIFORNIA.— $10,000,000 for water and wastewater infra- paragraph (1) the following: $10,000,000 for wastewater infrastructure, in- structure in Sarasota County, Florida. (2) in subsection (h) by striking cluding a wastewater disinfection facility ‘‘(106) SOUTH SEMINOLE AND NORTH ORANGE ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; and and polishing system, to improve water qual- COUNTY, FLORIDA.—$30,000,000 for wastewater After section 5123 of the bill, insert the fol- ity in the vicinity of Calexico, California, on infrastructure for the South Seminole and lowing (and conform the table of contents the southern New River, Imperial County, North Orange Wastewater Transmission Au- accordingly): California. thority, Florida. SEC. 5124. WAGE SURVEYS. ‘‘(86) LOS ANGELES COUNTY, CALIFORNIA.— ‘‘(107) FAYETTEVILLE, GRANTVILLE, LA- Employees of the United States Army $3,000,000 for wastewater and water related GRANGE, PINE MOUNTAIN (HARRIS COUNTY), Corps of Engineers who are paid wages deter- infrastructure, Diamond Bar, La Habra DOUGLASVILLE, AND CARROLLTON, GEORGIA.— mined under the last undesignated paragraph Heights, and Rowland Heights, Los Angeles $24,500,000 for water and wastewater infra- under the heading ‘‘Administrative Provi- County, California. structure, Fayetteville, Grantville, La- sions’’ of chapter V of the Supplemental Ap- ‘‘(87) NEW RIVER, CALIFORNIA.—$10,000,000 Grange, Pine Mountain (Harris County), propriations Act, 1982 (5 U.S.C. 5343 note; 96 for wastewater infrastructure to improve Douglasville, and Carrollton, Georgia. Stat. 832) shall be allowed, through appro- water quality in the New River, California. ‘‘(108) MERIWETHER AND SPALDING COUNTIES, priate employee organization representa- ‘‘(88) ORANGE COUNTY, CALIFORNIA.— GEORGIA.—$7,000,000 for water and waste- tives, to participate in wage surveys under $15,000,000 for wastewater and water related water infrastructure, Meriwether and Spald- such paragraph to the same extent as are infrastructure, Anaheim, Brea, La Habra, ing Counties, Georgia. prevailing rate employees under subsection Mission Viejo, Rancho Santa Margarita, and ‘‘(109) NORTH VERNON AND BUTLERVILLE, IN- (c)(2) of section 5343 of title 5, United States Yorba Linda, Orange County, California. DIANA.—$1,700,000 for wastewater infrastruc- Code. Nothing in such section 5343 shall be ‘‘(89) SAN BERNARDINO COUNTY, CALI- ture, North Vernon and Butlerville, Indiana. considered to affect which agencies are to be FORNIA.—$9,000,000 for wastewater and water ‘‘(110) SALEM, WASHINGTON COUNTY, INDI- surveyed under such paragraph. related infrastructure, Chino and Chino ANA.—$3,200,000 for water supply infrastruc- SEC. 5125. ADDITIONAL ASSISTANCE FOR CRIT- Hills, San Bernardino County, California. ture, Salem, Washington County, Indiana. ICAL PROJECTS. ‘‘(90) SANTA CLARA COUNTY, CALIFORNIA.— ‘‘(111) CENTRAL KENTUCKY.—$10,000,000 for Section 219(f) of the Water Resources De- $5,500,000 for an advanced recycling water water related infrastructure and resource velopment Act of 1992 (106 Stat. 4835; 113 treatment plant in Santa Clara County, Cali- protection and development, Scott, Frank- Stat. 335–337; 114 Stat. 2763A–220–221) is fornia. lin, Woodford, Anderson, Fayette, Mercer, amended— ‘‘(91) SOUTHERN LOS ANGELES COUNTY, CALI- Jessamine, Boyle, Lincoln, Garrard, Madi- (1) by striking the undesignated paragraph FORNIA.—$15,000,000 for environmental infra- son, Estill, Powell, Clark, Montgomery, and relating to Charleston, South Carolina, and structure for the groundwater basin optimi- Bourbon Counties, Kentucky. inserting the following: zation pipeline, Southern Los Angeles Coun- ‘‘(112) PLAQUEMINE, LOUISIANA.—$7,000,000 ‘‘(72) CHARLESTON, SOUTH CAROLINA.— ty, California. for sanitary sewer and wastewater infra- $10,000,000 for wastewater infrastructure, in- ‘‘(92) STOCKTON, CALIFORNIA.—$33,000,000 for structure, Plaquemine, Louisiana. cluding wastewater collection systems, and water treatment and distribution infrastruc- ‘‘(113) SHREVEPORT, LOUISIANA.—$20,000,000 stormwater system improvements, Charles- ture, Stockton, California. for water supply infrastructure in Shreve- ton, South Carolina.’’; ‘‘(93) SWEETWATER RESERVOIR, SAN DIEGO port, Louisiana. (2) by redesignating the paragraph (71) re- COUNTY, CALIFORNIA.—$375,000 to improve ‘‘(114) CENTRAL IRON RANGE SANITARY lating to Placer and El Dorado Counties, water quality, and remove nonnative aquatic SEWER DISTRICT, MINNESOTA.—$12,000,000 for California, as paragraph (73); species from the Sweetwater Reservoir, San wastewater infrastructure for the Central (3) by redesignating the paragraph (72) re- Diego County, California. Iron Range Sanitary Sewer District to serve lating to Lassen, Plumas, Butte, Sierra, and ‘‘(94) WHITTIER, CALIFORNIA.—$8,000,000 for the cities of Hibbing, Chisholm, Buhl, and Nevada Counties, California, as paragraph water, wastewater, and water related infra- Kinney, and Balkan and Great Scott Town- (74); structure, Whittier, California. ships, Minnesota. (4) by striking the paragraph (71) relating ‘‘(95) MONTEZUMA AND LA PLATA COUNTIES, ‘‘(115) GRAND RAPIDS, MINNESOTA.—$5,000,000 to Indianapolis, Indiana, and inserting the COLORADO.—$1,000,000 for water and waste- for wastewater infrastructure, Grand Rapids, following: water related infrastructure for the Ute Minnesota.

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‘‘(116) CITY OF BILOXI, CITY OF GULFPORT, ‘‘(141) COMMONWEALTH OF PUERTO RICO.— (B) by striking ‘‘$62,418,500’’ each place it AND HARRISON COUNTY, MISSISSIPPI.— $35,000,000 for water and wastewater infra- appears and inserting ‘‘$192,505,000’’; and $15,000,000 for water and wastewater related structure in the Commonwealth of Puerto (4) in clause (vi)— infrastructure, city of Biloxi, city of Gulf- Rico. (A) by striking ‘‘$89,146,000’’ and inserting port, and Harrison County, Mississippi. ‘‘(142) CHARLESTON, SOUTH CAROLINA.— ‘‘$199,340,000’’; and ‘‘(117) JACKSON, MISSISSIPPI.—$25,000,000 for $1,000,000 for stormwater control measures (B) by striking ‘‘$44,573,000’’ each place it water and wastewater infrastructure, Jack- and storm sewer improvements, Spring appears and inserting ‘‘$99,670,000’’. son, Mississippi. Street/Fishburne Street drainage project, In section 7002(e)(3) of the bill, strike sub- ‘‘(118) CLARK COUNTY, NEVADA.—$30,000,000 Charleston, South Carolina. paragraph (D) and insert the following: for wastewater infrastructure, Clark County, ‘‘(143) CROOKED CREEK, MARLBORO COUNTY, (D) the plan of the State of Louisiana enti- Nevada. SOUTH CAROLINA.—$25,000,000 for a project for tled ‘‘Integrated Ecosystem Restoration and ‘‘(119) HENDERSON, NEVADA.—$5,000,000 for water storage and water supply infrastruc- Hurricane Protection—Louisiana’s Com- wastewater infrastructure, Henderson, Ne- ture on Crooked Creek, Marlboro County, prehensive Master Plan for a Sustainable vada. South Carolina. Coast’’. At the end of section 7006(a) of the bill, in- ‘‘(120) PATERSON, NEW JERSEY.—$35,000,000 ‘‘(144) MYRTLE BEACH, SOUTH CAROLINA.— for wastewater infrastructure, Paterson, $8,000,000 for environmental infrastructure, sert the following: New Jersey. including ocean outfalls, Myrtle Beach, (5) APPLICABILITY OF THE FEDERAL ADVI- SORY COMMITTEE ACT.—A working group es- ‘‘(121) ELLICOTTVILLE, NEW YORK.—$2,000,000 South Carolina. tablished under this subsection shall not be for water supply, water, and wastewater in- ‘‘(145) NORTH MYRTLE BEACH, SOUTH CARO- considered to be an advisory committee frastructure in Ellicottville, New York. LINA.—$8,000,000 for environmental infra- under the Federal Advisory Committee Act ‘‘(122) SENNETT, NEW YORK.—$1,500,000 for structure, including ocean outfalls, North (5 U.S.C. App.). water infrastructure, Town of Sennett, New Myrtle Beach, South Carolina. ‘‘(146) SURFSIDE, SOUTH CAROLINA.— In section 7007(b) of the bill, strike ‘‘this York. section’’ and insert ‘‘this title’’. ‘‘(123) WELLSVILLE, NEW YORK.—$2,000,000 $8,000,000 for environmental infrastructure, including stormwater system improvements In section 7013 of the bill, strike subsection for water supply, water, and wastewater in- (a) and insert the following: and ocean outfalls, Surfside, South Carolina. frastructure in Wellsville, New York. (a) DEAUTHORIZATION.— ‘‘(147) ATHENS, TENNESSEE.—$16,000,000 for ‘‘(124) SPRINGPORT AND FLEMING, NEW (1) IN GENERAL.—The navigation channel wastewater infrastructure, Athens, Ten- YORK.—$10,000,000 for water related infra- portion of the project for navigation, Mis- nessee. structure, including water mains, pump sta- sissippi River-Gulf outlet, authorized by the ‘‘(148) CENTRAL TEXAS.—$20,000,000 for tions, and water storage tanks, Springport Act entitled, ‘‘An Act to authorize construc- water and wastewater infrastructure in and Fleming, New York. tion of the Mississippi River-Gulf outlet’’, Bosque, Brazos, Burleson, Grimes, Hill, ‘‘(125) CABARRUS COUNTY, NORTH CARO- approved March 29, 1956 (70 Stat. 65), as Hood, Johnson, Madison, McLennan, Lime- LINA.—$4,500,000 for water related infrastruc- modified by section 844 of the Water Re- stone, Robertson, and Somervell Counties, ture, Cabarrus County, North Carolina. sources Development Act of 1986 (100 Stat. Texas. ‘‘(126) CHARLOTTE, NORTH CAROLINA.— 4177), and further modified by section 326 of ‘‘(149) EL PASO COUNTY, TEXAS.—$25,000,000 $11,000,000 for phase II of the Briar Creek the Water Resources Development Act of for water related infrastructure and resource wastewater project, Charlotte, North Caro- 1996 (110 Stat. 3717), which extends from the protection, including stormwater manage- lina. Gulf of Mexico to mile 60 at the southern ment, and development, El Paso County, ‘‘(127) RICHMOND COUNTY, NORTH CARO- bank of the Gulf Intracoastal Waterway is Texas. LINA.—$13,500,000 for water related infra- not authorized. ‘‘(150) FT. BEND COUNTY, TEXAS.—$20,000,000 structure, Richmond County, North Caro- (2) SCOPE.—Paragraph (1) shall not be con- for water and wastewater infrastructure, Ft. lina. strued to modify or deauthorize the Inner Bend County, Texas. ‘‘(128) UNION COUNTY, NORTH CAROLINA.— Harbor Navigation Canal Replacement ‘‘(151) DUCHESNE, IRON, AND UINTAH COUN- $6,000,000 for wastewater infrastructure, Project, authorized by the Act referred to in TIES, UTAH.—$10,800,000 for water related in- Union County, North Carolina. paragraph (1). ‘‘(129) SAIPAN, NORTHERN MARIANA IS- frastructure, Duchesne, Iron, and Uintah In section 8004(c) of the bill, strike ‘‘build LANDS.—$20,000,000 for water related infra- Counties, Utah. upon’’ and insert ‘‘adopt and continue’’. structure, Saipan, Northern Mariana Islands. ‘‘(152) NORTHERN WEST VIRGINIA.—$20,000,000 The CHAIRMAN. Pursuant to House ‘‘(130) LAKE COUNTY, OHIO.—$1,500,000 for for water and wastewater infrastructure in Resolution 319, the gentleman from wastewater infrastructure, Lake County, Hancock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood, Doddridge, Monongalia, Minnesota (Mr. OBERSTAR) and a Mem- Ohio. ber opposed each will control 5 min- ‘‘(131) MENTOR-ON-LAKE, OHIO.—$625,000 for Marion, Harrison, Taylor, Barbour, Preston, water and wastewater infrastructure, Men- Tucker, Mineral, Grant, Gilmer, Brooke, utes. tor-on-Lake, Ohio. Ritchie Counties, West Virginia. The Chair recognizes the gentleman ‘‘(132) WILLOWICK, OHIO.—$665,000 for water ‘‘(153) UNITED STATES VIRGIN ISLANDS.— from Minnesota. and wastewater infrastructure, Willowick, $25,000,000 for wastewater infrastructure for Mr. OBERSTAR. Mr. Chairman, I Ohio. the St. Croix Anguilla wastewater treatment yield myself such time as I may con- ‘‘(133) ALBANY, OREGON.—$35,000,000 for plant and the St. Thomas Charlotte Amalie sume. wastewater infrastructure to improve habi- wastewater treatment plant, United States This is the so-called traditional man- tat restoration, Albany, Oregon. Virgin Islands. ager’s amendment that we have worked ‘‘(134) BOROUGH OF STOCKERTON, BOROUGH OF ‘‘(154) CHEYENNE RIVER SIOUX RESERVATION on for weeks in a bipartisan manner (DEWEY AND ZIEBACH COUNTIES) AND PERKINS TATAMY, AND PALMER TOWNSHIP, PENNSYL- across the aisle within the committee AND MEADE COUNTIES, SOUTH DAKOTA.— VANIA.—$10,000,000 for stormwater control to work out technical changes and measures, particularly to address sinkholes, $25,000,000 for water supply infrastructure for in the vicinity of the Borough of Stockerton, the Cheyenne River Sioux Reservation in modifications to the bill that came to the Borough of Tatamy, and Palmer Town- Dewey and Ziebach Counties, and for com- the attention of the committee after ship, Pennsylvania. munities in Perkins and Meade Counties, consideration of the bill in March. A ‘‘(135) HATFIELD BOROUGH, PENNSYLVANIA.— South Dakota.’’. project of this magnitude always has $310,000 for wastewater related infrastructure After section 6002 of the bill, insert the fol- some issues that we need to resolve, for Hatfield Borough, Pennsylvania. lowing (and redesignate subsequent sections, and we have done that quite well in ‘‘(136) LEHIGH COUNTY, PENNSYLVANIA.— and conform the table of contents, accordingly): this manager’s amendment. $5,000,000 for stormwater control measures Among some of the highlights are a and storm sewer improvements, Lehigh SEC. 6003. INITIAL PROJECTS. provision that is of great importance County, Pennsylvania. Section 601(b)(2)(C) of the Water Resources ‘‘(137) NORTH WALES BOROUGH, PENNSYL- Development Act of 2000 (114 Stat. 2682) is to the 35 million people who live along VANIA.—$1,516,584 for wastewater related in- amended— the Great Lakes. There is a provision frastructure for North Wales Borough, Penn- (1) in the matter preceding clause (i) by to direct the Secretary of the Army, sylvania. striking ‘‘at a total cost of $1,100,918,000’’ and along with directors of other agencies ‘‘(138) PEN ARGYL, PENNSYLVANIA.— all that follows before the colon; and entities, to carry out an emer- $5,250,000 for wastewater infrastructure, Pen (2) in clause (iv)— gency project to control and prevent Argyl, Pennsylvania. (A) by striking ‘‘$100,335,000’’ and inserting spreading a viral hemorrhagic septi- ‘‘(139) PHILADELPHIA, PENNSYLVANIA.— ‘‘$162,630,000’’; and cemia (VHS) virus in the Great Lakes $1,600,000 for wastewater related infrastruc- (B) by striking ‘‘$50,167,500’’ each place it ture for Philadelphia, Pennsylvania. appears and inserting ‘‘$81,315,000’’; and the connecting channels. I alluded ‘‘(140) VERA CRUZ, PENNSYLVANIA.— (3) in clause (v)— to this issue at the outset of my re- $5,500,000 for wastewater infrastructure, Vera (A) by striking ‘‘$124,837,000’’ and inserting marks at the beginning of the legisla- Cruz, Pennsylvania. ‘‘$385,010,000’’; and tion. It is an infectious viral disease of

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3656 CONGRESSIONAL RECORD — HOUSE April 19, 2007 fish and has caused fish kills through- member on the subcommittee as well aisle we have done everything possible out the lakes. It has been a problem in as the full committee and our general to vet these projects. I am also sorry Europe, it is a problem in Japan, and chairman. Thank you so very much. that we can’t put even more projects now we have confirmed presence in Mr. OBERSTAR. Mr. Chairman, I rein. Lake Ontario, Lake St. Clair, Erie, St. serve the balance of my time. We just had Mrs. BONO here, and her Lawrence River. It was discovered in Mr. BAKER. Mr. Chairman, I rise to heart and soul in her work in Congress, Lake Huron. It is migrating up the claim the time in opposition, although which is something she inherited, actu- lakes, killing fish in its wake caused by I am not in opposition and therefore ally the work, too, of her late husband, ballast water that is infected on vessels ask unanimous consent to claim such Sonny Bono, a good friend and col- plying the Great Lakes. time. league. The CHAIRMAN. Without objection, It spreads rapidly. We don’t really b 1730 know how it spreads, but we need to at- the gentleman from Louisiana is recog- tack this issue now. There is a multi- nized for 5 minutes. She wanted that so badly in this, and billion dollar fishery industry through- There was no objection. it is so important, the restoration of out the Great Lakes, sport fish and Mr. BAKER. Mr. Chairman, I just the Salton Sea, for her district. You commercial fishery, and this provision want to speak for a moment as to proc- can see how important these projects will help us deal with and hopefully ess and my appreciation for the man- are to Members and their districts. So find a way to contain this devastating ner in which the chairman handled this we have a good work product. virus. particular legislation. At the time of Let me make one point I did not We also have authorizations for new some of the subcommittee consider- make in opposition to the administra- projects in water and wastewater-re- ation, there were some Members who tion’s position on this piece of legisla- lated infrastructure. For years, these had not completed the necessary docu- tion in that it cost too much. If you were traditionally practices of the En- ments for submission of their projects look at 2000 when we started these vironmental Protection Agency, but in the required form, and the chairman projects, maybe they did cost $5 mil- they have run out of money, frankly. made clear that should a Member pro- lion. I can tell you that just with infla- Even though we have passed the State vide the necessary information in a tion and the cost of doing construction Revolving Loan fund bill in this com- timely manner, that their projects projects, having been in the develop- mittee to deal with the matter, there would be included for consideration. ment business, that every day we delay still are huge needs. No one better than And the manager’s amendment reflects will cost us more; and that is why the Corps of Engineers is equipped to the closure of that verbal agreement in these projects cost us more, and that is deal with the needs of environmental allowing many Members to complete why I am in opposition to the adminis- infrastructure. So in cooperation with the necessary documentation, there- tration’s point there. the Department of Agriculture’s Rural fore enabling the committee to include We have evenly divided the projects. Utilities Service program, the State their projects of interest in the final I don’t think we could have had a fairer Revolving Loan fund of the EPA, Corps mark before the House this evening. distribution. They are Republican, of Engineers will help communities re- That is a model of how appropriate leg- they are not Democrat, but they are of build their infrastructure and provide islative consideration should be en- national and district importance, and I for public health and economic vitality gaged, and I want to express apprecia- think we have done as good a job as of our towns all across America. The tion to him. you can. I am sure you can find some- needs of communities have not gone I can verify for him if there is ever thing wrong or questionable, if anyone away; the ability to deal with them has any question that there are a large seeks to do that. simply diminished. number of Members who have a very Mr. Chairman, I urge adoption of the The Corps can do this work; they deep and abiding interest in this sub- manager’s amendment, and I urge all have proven they can. And we have a ject matter, I have a list. And they also Members on both sides of the aisle to very vigorous and I think constructive are appreciative of the willingness to move and urge the passage of this bill, environmental infrastructure program give opportunity for appropriate con- not only through the House but in the manager’s amendment. sideration. through the other body and conference, Mr. Chairman, I would yield such The manager’s amendment is ex- so that we can do a better job for the time as she may wish to the gentle- traordinarily important in that it people that we represent in these im- woman from Texas. touches about a hundred projects portant environmental and water re- Ms. EDDIE BERNICE JOHNSON of which otherwise would not be included. sources projects. Texas. Thank you very much, Mr. I certainly hope that those present will I thank the gentleman. Chairman. support the adoption of the amend- Mr. BAKER. I thank the gentleman I support the manager’s amendment ment. for his remarks, and I certainly would on this water resources bill. Mr. Chairman, at this time, I would be remiss if I did not comment on his The manager’s amendment reflects yield such time as the gentleman may effort to provide for transparency and project and policy revisions that have consume to my ranking member, Mr. disclosure of Members’ requests. It was come to the attention of the sub- MICA. a new process. We had a lot of new pa- committee that I chair, and the sub- Mr. MICA. Might I inquire of the perwork to engage in. But at the end of committee of Water Resources Envi- Chair as to how much time is remain- the day, I think the public interest is ronment. ing. well served and every Member is well Since the bill was passed out of com- The CHAIRMAN. The gentleman served by having such disclosure made mittee, the Transportation and Infra- from Louisiana has 31⁄2 minutes rein a timely manner; and for his leader- structure, in March, the amendment maining. ship in providing that counsel, I am contains authorizations that are by no Mr. MICA. I thank the gentleman for most appreciative. means inequitable to those that were yielding. Mr. Chairman, I yield back the bal- contained in the bill that passed out of First of all, I rise in strong support of ance of my time. committee. Likewise, the projects in the manager’s amendment. Mr. OBER- Mr. OBERSTAR. Mr. Chairman, we the manager’s amendment were not STAR, after the election, became the have labored mightily to comply with considered on a partisan basis but on a Chair, I became the ranking member of the new rules of the House, to cut need basis and merit. And this has been the Transportation Committee. And we every one of the projects back with a long tradition in our committee, and inherited, indeed, a huge backlog of each of the Members, each of 300 Mem- I hope we will always have that. projects. We also inherited a bill that bers who had a project in the last Con- I support the amendment. And I want required earmarking because they are gress that carried over to this Con- to express my appreciation to the per- Members’ projects, and everyone knows gress. We have worked very diligently sons who did do all of the certifications the problems that we have had with to serve as a filter for Members, to fil- and all the new paperwork we have to earmarks in the past. So I can assure ter out problems that they had, do. And I want to thank the ranking the Members that on both sides of the projects that really might not comply,

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3657 that should not be considered at this plant at Rathbun Lake. Rathbun Lake opposition to the amendment, to claim stage. is the source of raw water for the treat- the time in opposition to the amend- We bring forward to you a bill that ment plant. ment. has been on the Internet, that is fully Rathbun Rural Water Association The CHAIRMAN. Is there objection vetted, and should pass with over- has experienced steady growth in the to the request of the gentleman from whelming support. demand for potable water. In response Minnesota? The CHAIRMAN. All time for debate to this demand, Rathbun Rural Water There was no objection. on the amendment has expired. Association doubled the capacity of its The CHAIRMAN. The gentleman The question is on the amendment treatment plant in 2000 and made im- from Minnesota is recognized for 5 min- offered by the gentleman from Min- provements to its distribution system. utes. nesota (Mr. OBERSTAR). Rathbun Rural Water Association Mr. OBERSTAR. Mr. Chairman, I The amendment was agreed to. has completed an analysis of future support the amendment offered by the AMENDMENT NO. 2 OFFERED BY MR. BOSWELL water demand in its service territory. gentleman from Iowa. We have had a The CHAIRMAN. It is now in order to This analysis indicates that Rathbun bipartisan agreement on this. I yield to the distinguished gen- consider amendment No. 2 printed in Regional Water Association must take steps to meet continued growth in de- tleman from Louisiana. House Report 110–100. Mr. BAKER. I thank the gentleman Mr. BOSWELL. Mr. Chairman, I offer mand for potable water. The ability to for yielding. an amendment. secure the rights of the remaining drinking water pool in Lake Rathbun, Mr. Chairman, I just wish to com- The CHAIRMAN. The Clerk will des- pliment the gentleman on his amend- ignate the amendment. a facility managed by the U.S. Army Corps of Engineers, is critical to meet ment. We have reviewed it. We have no The text of the amendment is as fol- objection to its consideration and lows: demand. There are 15,000 acre-feet of water adoption. Page 147, after line 2, insert the following Mr. OBERSTAR. The gentleman from (and redesignate subsequent sections, and supply storage in Rathbun Lake. Iowa (Mr. BOSWELL) and our former conform the table of contents accordingly): Rathbun Regional Water Association has purchased the rights to 6,680 acre- colleague from Iowa, Mr. Leach, have SEC. 3055. RATHBUN LAKE, IOWA. long worked with the committee on (a) RIGHT OF FIRST REFUSAL.—The Sec- feet of this water and storage from the retary shall provide, in accordance with the U.S. Army Corps of Engineers. It is es- this issue of Rathbun Lake. It is as recommendations in the Rathbun Lake Re- sential that they be able to acquire the much a tribute to the gentleman from allocation Report approved by the Chief of rights of the remaining over 8,000 acre- Iowa (Mr. BOSWELL) as to our former Engineers on July 22, 1985, the Rathbun Re- feet of water supply storage in colleague, Mr. Leach. The gentleman gional Water Association with the right of Rathbun Lake in order to satisfy the has described the issue very well. first refusal to contract for or purchase any In initial consideration of this legis- growing demand for potable water in increment of the remaining allocation (8,320 lation, there was a PAYGO issue, and its service territory. This remaining acre-feet) of water supply storage in the gentleman from Iowa has worked acre-feet in water would provide access Rathbun Lake, Iowa. with us on both sides of the aisle to re- (b) PAYMENT OF COST.—The Rathbun Re- to approximately 2.7 billion gallons of solve the matter. We no longer have an gional Water Association shall pay the cost water. of any water supply storage allocation pro- The amendment submitted today impact on direct Federal spending in vided under subsection (a). takes two critical steps to ensure the the amendment. Therefore, it passes The CHAIRMAN. Pursuant to House availability of water for the region. our committee standards. Mr. Chairman, I strongly support the Resolution 319, the gentleman from First, it directs the U.S. Army Corps of amendment and appreciate the support Iowa (Mr. BOSWELL) and a Member op- Engineers to grant Rathbun Rural posed each will control 5 minutes. of the gentleman from Louisiana. Water the right of first refusal to con- Mr. Chairman, I yield back the bal- The Chair recognizes the gentleman tract for any increment of the remain- from Iowa. ance of my time. ing water supply storage allocation in Mr. BOSWELL. Thank you, Mr. Mr. BOSWELL. Mr. Chairman, I yield Rathbun Lake. This language is in ac- OBERSTAR, and the gentleman from myself such time as I may consume. cordance with the recommendations in Before I explain the amendment, I Louisiana, I appreciate your help and the Rathbun Lake Reallocation Report your work with us on this. I would join would like to thank Ms. JOHNSON and approved by the chief of engineers on again with Congressman LOEBSACK and Mr. OBERSTAR for their hard work. We July 22, 1985. have finally got something out here to urge passage of this amendment. Second, it allows Rathbun Regional Ms. EDDIE BERNICE JOHNSON of Texas. work with. I thank the gentleman from Water Association to contract for the Mr. Chairman, I support the amendment of- Louisiana and the gentleman from remaining water supply storage alloca- fered by my colleague, Mr. BOSWELL. Florida for working together with us. tion in total, or incrementally as dic- Congressman BOSWELL has been working It is something that our country need- tated by the demand of the potable with the Committee to resolve scoring issues ed very, very badly, and was overdue. water demand in the association’s serv- related to modifications for the Rathbun Lake, Mr. Chairman, I rise in support of ice territory, at such time as the full Iowa project that had surfaced since the this amendment that is highly impor- amount of storage may be purchased. project was last included in the Water Re- tant to the State of Iowa constituents This amendment ensures access to sources Development Act of 2005. and also a number of folks in northern quality water supply for rural resi- It is my understanding that these issues Missouri. As a member of the Trans- dents, small communities and busi- have now been settled. portation and Infrastructure Com- nesses in southern Iowa and northern I urge the adoption of this amendment. mittee, I would like to especially give Missouri. It enables Rathbun Rural Mr. BOSWELL. Mr. Chairman, I yield my appreciation for this opportunity Water to better manage the expense of back the balance of my time. that is before us today. purchasing water storage allocation in The CHAIRMAN. All time for debate My amendment is critical to the fu- a manner that reduces the financial on the amendment has expired. ture availability of quality drinking burden on its customers and ensures The question is on the amendment water for farmers, residents and busi- the vitality of Rathbun Regional Water offered by the gentleman from Iowa nesses in southern Iowa and northern Association to fulfill its commitment (Mr. BOSWELL). Missouri. Rathbun Regional Water As- to an extensive rural area. The amendment was agreed to. sociation is the largest rural water sys- I join with my colleague from Iowa, The CHAIRMAN. It is now in order to tem in Iowa and one of the largest in Congressman LOEBSACK, in this reconsider amendment No. 3 printed in the United States. Rathbun Regional quest, and I urge my colleagues to sup- House Report 110–100. Water Association supplies potable port this amendment. Does any Member seek recognition? water to 60,000 people in the rural areas Mr. Chairman, I reserve the balance AMENDMENT NO. 4 OFFERED BY MR. STUPAK of 15 counties and 41 communities in of my time. The CHAIRMAN. If not, it is now in southern Iowa and northern Missouri Mr. OBERSTAR. Mr. Chairman, I ask order to consider amendment No. 4 from the association’s water treatment unanimous consent, though I am not in printed in House Report 110–100.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3658 CONGRESSIONAL RECORD — HOUSE April 19, 2007 Mr. STUPAK. Mr. Chairman, I offer ing plays an essential role in pre- projects and facilities that place lives an amendment. serving the economy and lifeline of and livelihoods at risk on the fierce The CHAIRMAN. The Clerk will des- this harbor town. By only considering storms of the Great Lakes, because ignate the amendment. the amount of tonnage a harbor han- these are also harbors of refuge. So I The text of the amendment is as fol- dles, the administration ignores the strongly support it. lows: benefits provided to businesses and Mr. Chairman, I am happy to yield to Amendment No. 4 offered by Mr. STUPAK: residents that depend on electricity, the gentleman from Michigan (Mr. Page 116, after line 8, insert the following flood mitigation and other purposes be- HOEKSTRA). (and conform the table of contents of the bill yond the tonnage handled. Mr. HOEKSTRA. I thank my col- accordingly): With this new policy, the Corps also league for yielding and I am thankful SEC. 2041. CRITERIA FOR OPERATION AND MAIN- disregards the fact that approximately for his support and help on this amend- TENANCE OF HARBOR DREDGING ment. PROJECTS. two-thirds of all shipping in the United The Secretary shall budget and request ap- States either starts or finishes at a I would also like to thank my col- propriations for operation and maintenance small port. By ignoring the smaller league from Michigan for bringing this of harbor dredging projects based only upon communities, the Corps is also signifi- amendment together. I think we both criteria used for such projects in fiscal year cantly harming the Nation’s economy. recognize the importance of this 2004 and shall not use a budget standard for With the Corps’ proposed mainte- amendment. My congressional district, such projects based on the amount of ton- nance dredging guidelines, in each year I think we kind of represent God’s nage a harbor handles. our small harbors’ maintenance re- country. I represent about 200 miles of The CHAIRMAN. Pursuant to House mains uncertain. Without this Stupak- Lake Michigan shoreline. I don’t think Resolution 319, the gentleman from Hoekstra-Delahunt amendment, the I want to get into an argument with Michigan (Mr. STUPAK) and a Member economic vitality and the dream of my colleague from Michigan as to how opposed each will control 5 minutes. economic expansion for these 300 com- much shoreline he represents from the The Chair recognizes the gentleman munities remain uncertain. Great Lakes, but it is well in excess of from Michigan. As the House considers this WRDA that number. Mr. STUPAK. Mr. Chairman, in fiscal legislation, I am again offering this But we both have recognized that the year 2006, the U.S. Army Corps of Engi- amendment with Congressmen Hoek- current Corps guidelines present a dis- neers and the Office of Management stra and Delahunt, which keeps the tinct hardship to our communities, and Budget set new guidelines for maintenance dredging the same as it many of the communities along the maintenance dredging of commercial has been before the Corps and OMB Great Lakes. We don’t meet the newest harbors in their budget for fiscal year came up with these tonnage proposals. guidelines that establish the roughly 1 2006. The Corps excluded harbors that For the sake of our Nation’s small million tons or whatever of cargo that move less than 1 million tons of cargo harbors, from which two-thirds of all need to flow through a harbor. And this each year. shipping in the United States either is a change in the Corps’ position. For The House is on record that the starts or finishes at small ports, I en- the last 14 years that my colleague and Corps’ neglect of these harbors is un- courage my colleagues to adopt our I have been in Congress, the Corps has wise and unreasonable. With Members’ amendment, which would ensure that done a very, very good job and recog- help during consideration of WRDA, all harbor maintenance is funded fair- nized its responsibility for taking care the Stupak-Hoekstra-Delahunt amend- ly, regardless of the amount of tonnage of these small and medium-sized har- ment to prohibit the Corps from using a harbor handles. bors which they classify as rec- a tonnage-based standard was included Mr. Chairman, I reserve the balance reational harbors. in the House bill by voice vote. of my time. But they are much more than rec- Now the Corps is back with a similar Mr. OBERSTAR. Mr. Chairman, I ask reational harbors. For many of our tonnage-based formula. This formula unanimous consent to claim the time communities they do, we do transfer essentially credits $2 for maintenance in opposition to the amendment, al- cargo through these ports, but the har- dredging for every ton of product though I do not oppose the amendment. bors form the economic development moved. The harbor is then provided The CHAIRMAN. Is there objection zone for these communities. And if the only the amount from the formula, re- to the request of the gentleman from harbors and the channels are not gardless of the actual cost to dredge a Minnesota? dredged, this economic lifeline goes harbor. This policy not only discrimi- Mr. BAKER. Reserving the right to away. And when the economic lifeline nates against rural America by signifi- object, if I may make an inquiry of the goes away, eventually these commu- cantly limiting dredging of harbors in gentleman, we have a cosponsor on our nities go away. smaller communities, but it is pound side of the amendment. Will the gen- This is a policy that Congress needs wise and penny foolish. tleman be happy to yield? to address because, from a dis- For example, under the Corps pro- Mr. OBERSTAR. Mr. Chairman, I appointing standpoint, the administra- posal, my harbor in Ontonogan, Michi- will yield time to the gentleman, of tion has made an administrative deci- gan, will move just over 300,000 tons of course. sion that these harbors will not be material, so the Corps will provide Mr. BAKER. Mr. Chairman, I with- taken care of. Congress needs to speak $643,000 worth of maintenance dredg- draw my reservation of objection. on this issue. I am glad that we can ing, even though its dredging cost is The CHAIRMAN. Without objection, move this forward in a bipartisan basis more than $1 million. the gentleman from Minnesota is rec- and send a piece of legislation to the Again, there are almost 300 harbors ognized for 5 minutes. administration that no longer provides across this country that face the same There was no objection. them with the latitude as to whether problem. Our small harbors will never these harbors will be dredged or not. be able to adequately dredge, but will b 1745 These harbors need to be dredged. They silt in with each passing year. Thus, Mr. OBERSTAR. In the preceding will be dredged. This is exactly the ap- pound wise, penny foolish. Congress, this amendment was offered propriate message to send. These Corps guidelines will have a on the floor during consideration of the I thank my colleagues on the other detrimental effect on small-town, rural WRDA bill, and it passed by voice vote; side of the aisle for taking the initia- America, causing job losses, increased WRDA passed by 406 votes. It requires tive in bringing this legislation for- hardship for business, and endanger our adequate budgeting by the administra- ward. Nation’s entire shipping infrastructure. tion for maintenance of small, low-use Mr. OBERSTAR. I thank the gen- Each harbor that has been main- harbors. These are relatively smaller tleman from Michigan for his state- tained by the Corps for years has harbors; they may not handle thou- ment. I just wanted to point out that unique characteristics other than just sands of containers or millions of tons the Great Lakes have gone through 15 the amount of tonnage it moves. For of bulk commodities shipped on the years, in the 1960s, into the 1970s, into example, annual dredging helps pre- Great Lakes, as we do in the Harbor of the 1980s, nearly a 20-year period of ab- vent flooding in Ontonogan, and dredg- Duluth, but they are important normally high level. Now we are going

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3659 through a seventh year of low water greatest difficulty and are most likely to run (6) ensure that water resources projects are drought in the watershed of the Great aground. justified by benefits that accrue to the pub- Lakes. The Corps of Engineers has Entire portions of our local economy are or- lic at large. (c) PROPOSED PRINCIPLES AND GUIDE- avoided dredging costs all during those ganized around the sea and the easy trans- LINES.— two decades of high water on the Great port of people and products in and out of our (1) IN GENERAL.—Not later than 270 days Lakes. It is time now to recoup, to do harbors. When you consider our island com- after the date of enactment of this Act, the the dredging that is needed, especially munities—such as Martha’s Vineyard, Nan- Secretary shall publish in the Federal Reg- for these small harbors, harbors of ref- tucket, and Cuttyhunk—the waterways carry ister proposed principles and guidelines uge, small commercial harbors. And all the necessities for local citizens, everything under subsection (a). the gentleman’s amendment will en- from food and water to lumber and heating oil. (2) CONSULTATION.—In developing the pro- sure that this issue stays on the agenda In Chatham Harbor, which hosts the largest posed principles and guidelines, the Sec- retary shall consult with the Secretary of of this and future administrations. So I fleet of commercial fishing vessels in my district, we face a constant problem with the Interior, the Secretary of Agriculture, urge support of the amendment. the Secretary of Commerce, the Secretary of Mr. Chairman, I yield back the bal- shoaling. It is a 900-foot channel and when it Housing and Urban Development, the Sec- ance of my time. is not clear, millions of dollars are at risk. retary of Transportation, the Administrator Mr. STUPAK. Mr. Chairman, in clos- Each year it is now a fight to keep the fishing of the Environmental Protection Agency, ing, I would like to thank Chairman industry on Cape Cod in business. the Secretary of Energy, the Secretary of OBERSTAR. He has been a great help It’s the same thing with Green Harbor in Homeland Security, the National Academy throughout my whole career here, but Marshfield, where we have the second highest of Sciences, and the Council on Environ- especially on issues confronting the lobster catch harbor in New England. In mental Quality. (3) PUBLIC PARTICIPATION.—The Secretary Great Lakes and WRDA and other Woods Hole, we have a major Coast Guard station which launches many cutter search- shall provide notice and an opportunity for areas of his expertise in transportation the public to participate in the development infrastructure. And Mr. BAKER has also and-rescue missions a year. Without regular of the proposed principles and guidelines. been a friend and very helpful, as has dredging, that emergency equipment is land- (d) PUBLIC COMMENT FOLLOWING ISSUANCE Ms. JOHNSON. bound. In that same harbor, the Federal gov- OF PROPOSED PRINCIPLES AND GUIDELINES.— It is a bipartisan piece of legislation. ernment has invested millions in a state-of- After publication of the proposed principles I would hope that the Members support the-art NOAA research vessel, the Bigelow. and guidelines, the Secretary shall provide it. If we are going to truly care about But, these WHOI vessels and Navy vessels an opportunity for the public to comment on the proposed principles and guidelines. The waterborne commerce and transpor- cannot do essential research because the harbor is clogged with sentiment. comment period shall not be fewer than 60 tation in this Nation, we must remem- days. ber that two-thirds of all commerce on For coastal communities, our waterways are (e) FINAL PRINCIPLES AND GUIDELINES.— our Nation’s waterways start and begin critical to their economic well-being. I urge my (1) IN GENERAL.—Not later than 90 days fol- at the small ports the Army Corps no colleagues to support this Amendment and lowing the last day of the comment period longer wishes to dredge and maintain. support our mariners, our fishermen, the under subsection (d), the Secretary shall We need support on this amendment, Coast Guard, and small coastal communities issue final principles and guidelines under subsection (a). and I ask for your support. throughout the country. (2) APPLICABILITY.—After the date of Mr. DELAHUNT. Mr. Chairman, for my dis- The CHAIRMAN. The question is on the amendment offered by the gen- issuance of the final principles and guide- trict—coastal Massachusetts—our waterways lines, the final principles and guidelines are as important as our roadways. They are tleman from Michigan (Mr. STUPAK). The amendment was agreed to. shall apply— also a vital part of the Nation’s transportation (A) to all water resources projects carried infrastructure. AMENDMENT NO. 5 OFFERED BY MR. out by the Secretary, other than projects for BLUMENAUER It is the responsibility of the Army Corps of which the Secretary has commenced a feasi- The CHAIRMAN. It is now in order to Engineers to help keep our harbors, rivers and bility report before the date of such consider amendment No. 5 printed in other channels in navigable condition. In New issuance; House Report 110–100. (B) at the request of a non-Federal inter- England, the Corps is responsible for main- Mr. BLUMENAUER. Mr. Chairman, I est, to a water resources project for which taining 171 ports and harbor channels, yet the offer an amendment. the Secretary has commenced a feasibility Bush Administration budget includes funding The CHAIRMAN. The Clerk will des- report before the date of such issuance; and to take care of just one. That is because the ignate the amendment. (C) to reevaluation or modification of a rules for Army Corps projects were changed The text of the amendment is as fol- water resources project, other than a re- by the Bush Administration to now favor large, lows: evaluation or modification that has been commenced by the Secretary before the date commercial waterways. This constitutes an Amendment No. 5 offered by Mr. abandonment of Federal responsibility and of such issuance. BLUMENAUER: (f) EXISTING STUDIES.—Principles and quite simply, is an assault on smaller commu- Strike section 2036 of the bill and insert guidelines issued under subsection (a) shall nities all over the country, putting lives and the the following (and conform the table of con- not affect the validity of any completed economic health of coastal communities at tents accordingly): study of a water resources development risk. SEC. 2036. PRINCIPLES AND GUIDELINES. project. The rationale for these changes is that fi- (a) IN GENERAL.—The Secretary shall issue revised principles and guidelines for use in The CHAIRMAN. Pursuant to House nancial constraints require us to abruptly the formulation, evaluation, and implemen- Resolution 319, the gentleman from Or- change Army Corps’ priorities to favor projects tation of water resources projects. Subject to egon (Mr. BLUMENAUER) and a Member with ‘‘true value to the Nation.’’ This sounds the requirements of this section, the revised opposed each will control 5 minutes. good—but is dangerously misleading. The principles and guidelines shall apply to The Chair recognizes the gentleman changed formula focuses only on commercial water resources projects carried out by the from Oregon. tonnage and mileage, so smaller projects do Secretary instead of the principles and Mr. BLUMENAUER. Mr. Chairman, I not have a chance—even though they are crit- guidelines for such projects in effect on the yield myself 2 minutes. ical to the economy and public safety. date of enactment of this Act. Mr. Chairman, this amendment sim- (b) CONTENT.—The principles and guide- When waterways close due to sediment lines shall, among other things— ply requires the Secretary of the Army build-up, the commercial fishing industry suf- (1) provide for the consideration of envi- to update the principles and guidelines fers. Tourism is compromised. And our trans- ronmental restoration costs and benefits used by the Army Corps of Engineers in port stops—sometimes dead in the water. The under Corps of Engineers economic models; formulating, evaluating, and imple- Coast Guard can’t undertake ‘‘search and res- (2) incorporate new techniques in risk and menting water resource projects. As I cue’’ because they can’t move—literally. uncertainty analysis; said on the floor earlier today, they Just as a deteriorating highway or bridge (3) eliminate biases and disincentives for have not been updated since 1983. It is needs repair, our waterways need mainte- nonstructural flood damage reduction embarrassing that the Corps is oper- projects as compared to structural flood nance. If the traffic through a harbor requires damage reduction projects; ating under guidance a quarter century an eight-foot draft and sediment builds up, (4) incorporate new analytical techniques; old. leaving only five feet available, vessels cannot (5) encourage, to the maximum extent We have learned a lot in the last 25 pass. It is larger, commercial vessels like tank- practicable, the restoration of aquatic eco- months, as I look to my colleague from ers, fishing boats and barges that face the systems; and Louisiana, about Katrina and others in

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3660 CONGRESSIONAL RECORD — HOUSE April 19, 2007 terms of the Corps. Imagine how things should look at things broader than just Mr. BAKER. The distinction between have changed in the last 25 years. dollars and cents. a statutory adoption and a circular Under this amendment, the Army On April 22, 2000, regulation 1105–2– being issued is managerial direction to Secretary would incorporate the latest 200 recognized the national ecosystem people who are implementing the pro- scientific and economic knowledge, restoration plan on a par with national grammatic requirements. It may be a eliminate biases and disincentives, economic development. difference of no distinction to the gen- would be required to consult with the March 26, 2002, chief of engineers tleman; but my opinion is, after spend- public and other Federal agencies issues the environmental operating ing some time with the Corps individ- while updating the principles and principles affirming sustainable devel- uals, they feel they are on top of and guidelines. opment. are trying as best they can within fi- I want to be clear about what it May 1, 2003: to provide for procedural nancial constraints to achieve the would not do. It would not impact any guidance for formulating and evalu- goals the gentleman is prescribing. My project already underway or impact ating projects consistent with environ- worry is this will now transfer a finan- any project that is in the bill that has mental sustainability. cial liability to the local sponsor which There was another on May 5, 2005. been created here today. It would not does not now exist and may well, be- But to ensure the gentleman has time prevent the Corps from doing struc- cause of the times outlined in the gen- for his question, I will wrap up by say- tural projects and would not delay any tleman’s amendment, protract the ing, I have been assured by the Corps projects at all. It is why it is supported timely construction of worthwhile that they are working as diligently as projects. by the American Society of Civil Engi- one can work to accommodate environ- neers, the professionals who actually I, for example, am not sure whether mental sensitivities while at the same this applies to aids to navigation. I do the work, taxpayer organizations, time assuring that projects move for- and environmental groups. don’t know. I am not suggesting it ward in a timely manner. does, but the way the amendment is The National Academy of Sciences in The reason for my concern, as the a report from the year 2000 pointed out constructed, I am worried about scope gentleman knows, I am highly sen- and reach. And please understand, I that the current principles and guide- sitized to our recovery from the want to be helpful to the gentleman’s lines were state-of-the-art thinking Katrina-Rita days, and I know the gen- interest. I am not at all averse to con- when it was written, and some of the tleman’s amendment is worded in such structing projects in an environ- concepts and paradigms that underpin a fashion that, if it is authorized prior mentally safe and sound manner. I am it are relevant today. However, in over to the adoption of this language, it has just not sure that the goals the gen- 20 years since it has been updated and no effect. But going forward, we are tleman seeks are the results we would revised, it needs to be revised to reflect going to be doing this stuff for a very get out of the adoption of the amend- contemporary management paradigms; long time in our State. ment. analytical methods; legislative direc- The unintended consequences of Mr. BLUMENAUER. Mr. Chairman, I tives; social, economic, and political these additional standards are going to yield 1 minute to the gentleman from realities. be costly to local sponsors, and they Wisconsin (Mr. PETRI). I deeply appreciate the work with the are going to require significant addi- Mr. PETRI. I thank my colleague for committee’s staff, the Chair and sub- tional programmatic time to achieve, yielding. committee Chair in getting this to this not to ignore the gentleman’s concerns Mr. Chairman, I rise in support of the point. that ecosystem restoration is a valu- Blumenauer amendment, the bill be- Mr. BAKER. Mr. Chairman, I rise in able and salutary goal that we should fore us, which would require the Army opposition to the amendment. pursue. Corps of Engineers to revise the prin- The CHAIRMAN. The gentleman I am happy to yield to the gen- ciples and guidelines under which the from Louisiana is recognized for 5 min- tleman. Secretary formulates and evaluates utes. Mr. BLUMENAUER. I want to be water resource projects. Mr. BAKER. Mr. Chairman, I am cer- clear that what you just stated that It has been almost 25 years since any tainly appreciative of the gentleman’s our goals, the things that you just type of revision has been made to the interest and have worked with him cited, have never been incorporated Corps’ decision-making process for for- closely on a number of matters into the principles and guidelines, have mulating, evaluating, and imple- through the course of the years. And they? menting a project. The National Acad- just in this instance we have a matter Mr. BAKER. Yes. We may have a dis- emy of Sciences has twice rec- of policy difference. pute as to the meaning of the words ommended that these guidelines be up- The P&G planning process utilized by that we have on the page, but I will be dated. the Corps does not begin with an idea happy to provide the gentleman. We want to be sure that we have a May 5, 2005: planning in a collabo- that something must be done. It is not fair and impartial analysis of projects rative environment to build on mod- a process through which a commercial and that we don’t set in place a proce- ernized guidance, improve Corps activity will automatically or inordi- dure that inevitably leads to the larg- projects through greater collaboration nately be concluded must be imple- est projects getting built, not the most with all stakeholders. I am skipping a mented. The plan that is proposed cost-effective ones. little bit here. Broaden project selec- must seek certain levels of justifica- The amendment is supported by tion criteria to encompass net bene- many organizations, including the tion; that is an iterative process where ficial effects in all four P&G accounts; various parties are heard from over American Rivers, Taxpayers for Com- national economic development, re- mon Sense, and Republicans for Envi- time. gional development, economic develop- As to the element of whether the ronmental Protection. ment, environmental quality, and Up-to-date scientific engineering and P&G has been modified or not, I have other social effects. environmental tools should be taken done some work on the matter over the So it goes beyond even environ- into account when looking at projects. last days, knowing of the gentleman’s mental aspects in their planning proc- As Representative BLUMENAUER has interest in this amendment. And I can ess. said, it is time to bring the Corps into go back further over time, but on Sep- Mr. BLUMENAUER. And my ques- the 20th and 21st centuries. tember 30 of 1999, the Corps issued En- tion was, Is it not true that the Corps gineering Regulation 1165–2–501, which has not adopted those things into the b 1800 speaks directly to the gentleman’s in- principles and guidelines? Mr. BLUMENAUER. Mr. Chairman, I terest to encourage to the maximum Mr. BAKER. All I can speak to from yield 1 minute to the gentleman from extent practicable the restoration of my knowledge is Corps-issued Engi- Vermont (Mr. WELCH). aquatic ecosystems. neering Circular 1105–2–409 on May 5, Mr. WELCH of Vermont. Mr. Chair- From the gentleman’s amendment, 2005. man, as you know, this legislation will the 1999 issuance speaks directly to a Mr. BLUMENAUER. Engineering Cir- authorize projects that are vitally im- nonmonetary output compatible with cular that has not been incorporated portant to our communities, to our P&G selection criteria; meaning, we into their principles and guidelines. citizens, to our environment.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3661 This amendment is intended to begin that all the major projects, all the committee, in no way undermines what the process of reforming the Army projects over $50 million are subject to I said. These principles and guidelines Corps of Engineers process so it can be peer review. We have put in environ- have not been updated. There are pro- done better. I support and applaud the mental reform and Corps reform in re- cedures and circulars discussed by the leadership of the Committee on Trans- gard to mitigation issues. We have put gentlemen from LA. They have not portation and the cosponsors of this in Corps reform in regard to project been incorporated into an updated, re- amendment. We must establish trans- planning so that all the concerns of all vised principle and guideline for the parency, collaboration and account- the environmental groups who want to Corps of Engineers. ability within the Corps of Engineers be involved in this process will be in- That is why the National Academy of so as to better serve our communities. cluded. Public Administration, one of the What this amendment does is begin I just want to point that out, how en- many scientific organizations to rec- that process by citing improvements vironmentally strong this legislation is ommend updating the principles and that can be made in the principles and thanks to not only our efforts on this guidelines, they released their rec- the guidelines. This is essential beside and the staff and Mr. BAKER, but ommendation after the circular that cause some of the things that have also Chairman OBERSTAR, Mr. the gentleman from Louisiana men- happened that have been adverse to our COSTELLO, Chairwoman JOHNSON with a tioned. His information simply is not communities and to our citizens have lot of contribution from the gentleman current in terms of how the Corps is been foreseeable and predictable. The from Oregon (Mr. BLUMENAUER) him- operating and all the independent bod- reforms that we are beginning to take self. ies, the Science Board, the public ad- with this amendment are to foresee, Mr. BLUMENAUER. Mr. Chairman, I ministrators, why the American Engi- predict and avoid. yield 30 seconds to the gentleman from neering Association, as well as tax- Secondly, independent peer review. I Illinois (Mr. COSTELLO). payers and environmental groups say it want to recognize the work of the com- Mr. COSTELLO. Mr. Chairman, there is past time to fix this situation. mittee of including that in this legisla- is a lot of confusion over the For those of you who care about get- tion. It is my hope that going forward Blumenauer amendment, and let me ting something actually through Con- in the conference committee that will just say that the Blumenauer amend- gress, you ought to support this actually be strengthened. ment does not affect the language on amendment. One of the hang-ups be- Mr. BAKER. Mr. Chairman, I ask independent review. The Blumenauer tween the House and the Senate has unanimous consent that each side be amendment will make the study proc- been this issue of reform. The Senate given an additional 2 minutes for a ess more efficient, and for that reason has stronger language than this. I total of 4 minutes for debate on this I ask my colleagues to support the think it will help bridge the gap. I urge amendment only. Blumenauer amendment and support The CHAIRMAN. Is there objection its adoption. the bill. The CHAIRMAN. All time for debate to the request of the gentleman from Mr. BLUMENAUER. Mr. Chairman, I on the amendment has expired. Louisiana? There was no objection. yield 1 minute to the gentleman from The question is on the amendment The CHAIRMAN. The time is divided. Minnesota (Mr. OBERSTAR), our distin- offered by the gentleman from Oregon Who seeks recognition? guished chairman. (Mr. BLUMENAUER). Mr. BAKER. Mr. Chairman, I yield Mr. OBERSTAR. I thank the gen- The amendment was agreed to. such time as he may consume to the tleman for yielding. AMENDMENT NO. 6 OFFERED BY MR. KIRK gentleman from Tennessee (Mr. DUN- I appreciate the concerns of the dis- The CHAIRMAN. It is now in order to CAN). tinguished ranking member of the sub- consider amendment No. 6 printed in Mr. DUNCAN. I thank the gentleman committee about time and cost. We House Report 110–100. from Louisiana for yielding me this certainly don’t want to add any more Mr. KIRK. Mr. Chairman, I offer an time, and I thank the majority side for time than Corps projects already take amendment. agreeing to this unanimous consent re- to evolve, nor do we want to foist addi- The CHAIRMAN. The Clerk will des- quest. tional costs on local governments. ignate the amendment. I simply wanted to rise to say this. The language of the amendment of The text of the amendment is as fol- During my 6 years as chairman of the the gentleman, though, is simply to lows: Water Resources and Environment take current practice that the Corps Amendment No. 6 offered by Mr. KIRK: Subcommittee, I do not believe we had has in its principles and guidelines, but At the end of title II of the bill, add the a better member or more active mem- to make those principles and guide- following (and conform the table of contents ber than the gentleman from Oregon, lines into current law. I have talked accordingly): and I certainly have the greatest admi- with the Corps representatives in the SEC. 2041. SMALL PROJECTS FOR THE REHABILI- ration and respect for him and his con- chief’s office, and they say, well, we’re TATION AND REMOVAL OF DAMS. cern about this legislation. looking for direction from Congress. (a) IN GENERAL.—The Secretary may carry I simply wanted to rise to say this. I This language will not add time, will out a small dam removal or rehabilitation not create costs that are not already project if the Secretary determines that the don’t believe this Congress could pass a project will improve the quality of the envi- stronger environmental bill than this being incurred under our existing prac- ronment or is in the public interest. legislation that is before us at this tice, and in that spirit, I think the (b) COST SHARING.—A non-Federal interest time; Chairman OBERSTAR has contin- amendment should be accepted. shall provide 35 percent of the cost of the re- ually made sure of that. And when we Mr. BLUMENAUER. Mr. Chairman, moval or remediation of any project carried started with this bill several years ago, may I inquire as to the time remain- out under this section, including provision of some people wanted no Corps reform at ing? all land, easements, rights-of-way, and nec- all; some people wanted so much Corps The CHAIRMAN. The gentleman essary relocations. (c) AGREEMENTS.—Construction of a from Oregon has 11⁄2 minutes remain- reform that really they were trying to project under this section shall be com- stop every project that was included in ing. menced only after a non-Federal interest has this bill. Mr. BLUMENAUER. Then I will entered into a binding agreement with the Mr. COSTELLO, who was my ranking close. Secretary to pay— member at that time, we compromised, I deeply appreciate the words of sup- (1) the non-Federal share of the costs of we worked out things. port that have been offered here by my construction required by this section; and I want to commend the staff for their colleague from Wisconsin (Mr. PETRI); (2) 100 percent of any operation and main- work in this regard, and we put in from my distinguished chairman, Mr. tenance cost. many environmental concerns the first OBERSTAR; and from the former rank- (d) COST LIMITATION.—Not more than ing member of the Water Resources $5,000,000 in Federal funds may be allotted time around. Then we put in even more under this section for a project at any single the second time around when we passed Committee, Mr. COSTELLO. location. this bill. I want to be clear that what was of- (e) FUNDING.—There is authorized to be ap- We are now here again. We have fered up by my friend, the distin- propriated to carry out this section given reform on peer review now so guished ranking member of the sub- $25,000,000 for each fiscal year.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3662 CONGRESSIONAL RECORD — HOUSE April 19, 2007 MODIFICATION TO AMENDMENT NO. 6 OFFERED There was no objection. Mr. OBERSTAR. I want to use this BY MR. KIRK Mr. OBERSTAR. And I do so to speak opportunity to thank the Chair of the Mr. KIRK. Mr. Chairman, this deliberately, carefully and thought- Subcommittee on Water Resources, the amendment concerns removing small fully so that the Speaker pro tempore gentlewoman from Texas (Ms. EDDIE dams from rivers, especially in my con- can reach the House floor in order that BERNICE JOHNSON), for the superb work gressional district; and working with the committee may rise and report the she has done shaping the bill and bring- the chairman and the minority, what I bill to the House with sundry amending us to this point; and to the ranking would like to do now is ask unanimous ments and that we can conclude action member of the subcommittee, Mr. consent to modify the amendment as on the bill. I mean, let’s be honest BAKER of Louisiana, whom I previously agreed to by both sides. about what we’re doing here in the eulogized for his work in the gulf; and The CHAIRMAN. The Clerk will re- spirit of transparency. our full committee ranking member, port the modification. But the gentleman from Illinois Mr. MICA. The Clerk read as follows: speaks for himself and also the gentle- This has truly been an effort bringing Modification to amendment No. 6 offered woman from Illinois (Ms. BEAN) who this bill forward, and essential to this by Mr. KIRK: shares this river with him and also our team have been the staff. I am always In lieu of the matter proposed to be in- former Speaker, Mr. HASTERT, whom I grateful for the staff because that is serted, insert the following on page 40, after saw on the House floor just prior to line 23, (and redesignate subsequent para- where I started in this body 44 years graphs accordingly): consideration of the legislation. So he ago, as clerk of the Subcommittee on (13) LAKE COUNTY, ILLINOIS.—Project for thought this would be a good idea be- Rivers and Harbors, the predecessor of aquatic ecosystem restoration, Ryerson For- cause he would be able to do some wall- the Committee on Public Works. It was est Preserve Dam, Dam 1A, Dam 1B, and eye fishing on the river, and we are all the first committee of the Congress in Dam 1C, Lake County, Illinois. for fishing walleyes, and the gentleman the first Congress in 1789. The CHAIRMAN. Without objection, has had a very, very clear and narrowly I want to thank Ryan Seiger of the the modification is approved. drawn objective. majority staff; Ted Ilston, Beth Gold- There was no objection. I am glad we have been able to work stein, Mike Brain, Rod Hall of Con- The CHAIRMAN. Pursuant to House this out in a manner that suits his congresswoman JOHNSON’s staff; Dave Resolution 319, the gentleman from Il- cerns and allays the fears and concerns Heymsfeld of the full committee; John linois (Mr. KIRK) and a Member op- of those in the Western States that Anderson, a distinguished long-time posed each will control 5 minutes. thought this was going to be a major professional on the minority side; Geoff The Chair recognizes the gentleman hindrance to hydroelectric projects. Bowman, Tim Lundquist, Jim Coon of from Illinois. So I thank the gentleman for tai- the full committee staff; and Charlie Mr. KIRK. Mr. Chairman, the scope loring the language of the amendment Ziegler, whom I have known for so of this amendment now is focused ex- to the needs at hand and to allay the many years, a friend of long-standing. I clusively on Lake County, Illinois, and broader concerns. don’t have old friends anymore, friends mainly the watershed of the Des Mr. Chairman, I yield such time as he of long standing, when you get to my Plaines River. This is a river in which may require to the gentleman from age. several outdated and unused dams are Louisiana (Mr. BAKER). In the Legislative Counsel’s Office, preventing the return of higher-end Mr. BAKER. I thank the gentleman Curt Haensel and the ever-talented predator fish, specifically pike and for yielding. Dave Mendelsohn. All have worked to- I just wanted to express a word of ap- walleye, through the upper Des Plaines gether, pitched in to help us bring this preciation to the gentleman for revi- and Fox River Valleys. bill to this point. We are ready now to sion of his amendment as it now ap- Now, I have worked on this amend- conclude action on the amendment of pears before Members. He worked dili- ment and consulted with my colleague, the gentleman from Illinois. gently with the staff in order to assure Congresswoman MELISSA BEAN, and we Mr. Chairman, I yield back the bal- both agree on a bipartisan basis that that some concerns that had been ance of my time. the return of these high-end predator raised had been alleviated, and we find The CHAIRMAN. The question is on fish will not only help restore the envi- ourselves at a point where we have an the amendment offered by the gen- amendment to which I do not believe ronment of upper Lake County and its tleman from Illinois (Mr. KIRK). Fox River and Des Plaines watersheds, there is objection. The amendment was agreed to. but also will be a help to sports fishing At some point later in the evening I The CHAIRMAN. The question is on and boating in these areas. assume we will agree to adopt it and the committee amendment in the na- For these reasons, the removal of then later we will take up the under- ture of a substitute, as amended. these very small but damaging struc- lying bill and pass that as well. The committee amendment in the I assume that the gentleman has suf- tures will go a long way to restoring nature of a substitute, as amended, was ficiently consumed enough time to the ecosystems along the lines of the agreed to. where the managerial matters of his Chicago Paddlers Association and the The CHAIRMAN. Under the rule, the earlier interests may have now been re- Nature Conservancy and their rec- Committee rises. solved, I hope. ommendations. Accordingly, the Committee rose; Mr. OBERSTAR. Mr. Chairman, I re- I want to particularly thank JOHN and the Speaker pro tempore (Mr. serve the balance of my time. WELCH of Vermont) having assumed MICA and his staff, especially Amy Mr. KIRK. I would just like to state the chair, Mr. ROSS, Chairman of the Steinmann for her work on this, as to the gentleman that I thank you very Committee of the Whole House on the well as Chairman OBERSTAR for his much for your senior leadership on this state of the Union, reported that that help on this because this is going to bipartisan legislation. I would hope Committee, having had under consider- make a big difference in the ecosystem that we could all agree that pike and ation the bill (H.R. 1495) to provide for of Lake County, Illinois, and we hope walleye fishing should not be reserved the conservation and development of to invite all of you, maybe Mr. BAKER for those citizens of only Wisconsin and water and related resources, to author- as well, to come for a day, hopefully 5 Minnesota and can now return to the ize the Secretary of the Army to con- years from now, of exciting sports fish- citizens of northern Illinois, who will struct various projects for improve- ing in northern Illinois. see this ecosystem restored. Mr. Chairman, I reserve the balance Mr. Chairman, I yield back the bal- ments to rivers and harbors of the of my time. ance of my time. United States, and for other purposes, Mr. OBERSTAR. Mr. Chairman, I ask pursuant to House Resolution 319, he unanimous consent to claim time in b 1815 reported the bill back to the House opposition, though I am not in opposi- Mr. OBERSTAR. How much time do I with an amendment adopted by the tion to the amendment. have, Mr. Chairman? Committee of the Whole. The CHAIRMAN. Without objection, The CHAIRMAN. The gentleman The SPEAKER pro tempore. Under the gentleman from Minnesota is rec- from Minnesota has 21⁄2 minutes re- the rule, the previous question is or- ognized for 5 minutes. maining. dered.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3663 Is a separate vote demanded on any be considered as read and printed in carbon emissions were avoided in the amendment to the amendment re- the RECORD. United States when 268 million mega- ported from the Committee of the The SPEAKER pro tempore. Is there watt hours of hydroelectricity were Whole? If not, the question is on the objection to the request of the gen- generated. Hydropower offsets more amendment. tleman from Oregon? carbon emissions than all other renew- The amendment was agreed to. Mr. OBERSTAR. Mr. Speaker, I ob- able energy sources combined. The SPEAKER pro tempore. The ject. If they were to be removed, the dams question is on the engrossment and The SPEAKER pro tempore. Objec- in the Northwest, it would take six and third reading of the bill. tion is heard. a half 500-megawatt coal-fired plants to The bill was ordered to be engrossed The Clerk will read. replace the energy generated, not that and read a third time, and was read the The Clerk continued to read the mo- anybody is talking about replacing third time. tion to recommit. them all. That, though, would increase CO emissions by 47.4 billion pounds, MOTION TO RECOMMIT OFFERED BY MR. WALDEN The SPEAKER pro tempore. The gen- 2 OF OREGON tleman from Oregon is recognized for 5 47.4 billion pounds. Let’s look at this in replacement of Mr. WALDEN of Oregon. Mr. Speak- minutes. shipping terms, if we don’t take care of er, I offer a motion to recommit. Mr. WALDEN of Oregon. Thank you locks. In the Columbia and Snake The SPEAKER pro tempore. Is the very much, Mr. Speaker. River system, certainly in the Colum- gentleman opposed to the bill? I want to first commend the gen- bia River, certainly at John Day, there Mr. WALDEN of Oregon. At this time tleman from Minnesota. He has a tough are issues about these antiquated locks in its present form I am. job; he has done it well on this committee. I have enjoyed my work over that are having real maintenance The SPEAKER pro tempore. The needs, and yet we lack funding in some Clerk will report the motion to recom- the years on issues where we have agreed. I bring this motion to recom- cases to deal with it. mit. A tow of four 3,500-ton grain barges The Clerk read as follows: mit to the floor for a couple of reasons. The first deals with the issue of glob- equates to 400 trucks each at 400 horse- Mr. Walden of Oregon moves to recommit power. For example Tidewater Barge al warming and America’s energy inde- the bill H.R. 1495 to the Committee on Trans- Company, a single example, Tidewater pendence. I was appointed recently to portation and Infrastructure with instruc- ships about 6 million tons up and down the Select Committee on Energy Inde- tions to report back the same forthwith with the Columbia River each year. These 6 the following amendment: pendence and Global Warming. We million tons would require 171,200 SEC. 5124. RENEWABLE HYDROELECTRIC POWER. have had a lot of hearings there and in trucks if the barging capability was re- (a) IN GENERAL.—The Secretary shall— the Energy and Commerce Committee moved. Over 171,000 trucks. So you can (1) inventory, and, to the maximum extent and in the Energy and Air Quality Sub- see why I am concerned about lock economically feasible, develop and maintain, committee about how do we make maintenance and the need to continue all lands, properties, and projects under the America both energy independent and jurisdiction of the Secretary for the poten- down that path. This motion to recom- reduce our carbon emissions and green- mit would do that. tial of increasing hydroelectric power pro- house gas emissions. duction or constructing new hydroelectric I yield to the gentleman from Lou- power facilities thereon; Obviously, coming from the Pacific isiana. (2) study the potential effects of proposals Northwest, we are blessed in that a Mr. BAKER. I thank the gentleman to remove Federal hydroelectric dams under large percentage of our electrical gen- for yielding. the jurisdiction of the Secretary, including— eration comes from these large hydro- As I understand the amendment, it is (A) the impacts on domestic energy costs power projects. Hydropower for Amer- to require a study, an inventory, and to consumers; ica means no greenhouse gas emissions, an assessment of our hydroelectric ca- (B) the need to import more energy to virtually, virtually none. I suppose you pacity that is under the Secretary’s ju- make up for lost production from such dams; could say there is some in the creation risdiction, further to examine the ad- (C) the types of fossil-fuel based or other visability of perhaps private ownership energy sources (including clean nuclear of the cement that goes into the con- power) that are likely to be utilized to com- crete that makes up the dams, but once of those facilities for the public inter- pensate for the lost energy associated with they are built, they are 90 percent effi- est, or whether we should enhance the dam removal; and cient and no carbon emissions. So, ob- government-owned and -operated fa- (D) any impacts on existing or future agri- viously, there is discussion out there in cilities. cultural production of biofuels or other al- the courts and elsewhere about reduc- So it is an examination of our energy ternative energy feedstocks as a result of the ing hydropower by eliminating dams. resources to determine how we should loss of water to America’s family farmers; I think it would help us in our work, best go forward, and the Congress does and in both the Select Committee on En- not require today the expenditure of (3) to the maximum extent economically any new money for such purpose other feasible, carry out projects under the juris- ergy and Independence, and on global warming, to know what the impacts than that to accomplish the study. diction of the Secretary in a manner that Mr. WALDEN of Oregon. I think as seeks to maintain lock systems where the are and if you remove the hydropower spelled out in this motion to recommit, systems are essential for maintaining navi- system in any course or place, what the gentleman is correct. gable waterways used for commercial ship- the impacts on domestic energy cost to ping and transport. Mr. BAKER. I thank the gentleman. consumers would be; what would the With that understanding, I would just (b) REPORT.— need be to import more energy as re- (1) INITIAL REPORT.—Not later than one express support for the gentleman. year after the date of enactment of this Act, placement, because obviously that is Mr. WALDEN of Oregon. Certainly the Secretary shall submit to Congress a re- one of the issues that we look at. If you anything that would be required here, port containing the results of the inventory take out a particular power generation because it does require the Corps to in- conducted under subsection (a)(1), the results capacity, and especially one that is 90 ventory, develop and maintain all of the study conducted under subsection percent efficient and doesn’t emit lands, properties, et cetera, for the po- (a)(2), and a description of actions taken by green house gases, then what’s the car- tential of producing hydropower. Obvi- the Secretary to increase hydroelectric bon footprint for the replacement ously, though, we waive no environ- power production. power? mental laws. Anything that would be (2) UPDATES.—The Secretary shall update We would look at that and call for a the report at least once every 5 years and authorized or result or interpreted that submit the updated reports to Congress. report on the types of fossil-based fuels way from this language would require (c) STATUTORY CONSTRUCTION.—Nothing in or other energy sources, perhaps in- appropriation. There would be all the this section shall be construed to supersede, cluding clean nuclear, to replace this reviews that are required for any other limit, or otherwise affect any provision of power that would likely be utilized. law. law in effect on the date of enactment of this In addition, we ask for a report on I urge support of the motion to re- Act. maintenance of the lock system as commit. Mr. WALDEN of Oregon (during the well, which is extraordinarily impor- Mr. OBERSTAR. Mr. Speaker, I rise reading). Mr. Speaker, I ask unanimous tant. I want to point out that in 2004 in opposition to the motion to recom- consent that the motion to recommit alone, more than 160 million tons of mit.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3664 CONGRESSIONAL RECORD — HOUSE April 19, 2007 The SPEAKER pro tempore. The gen- [Roll No. 233] Herseth Sandlin McIntyre Schiff tleman from Minnesota is recognized Hill McNerney Schwartz YEAS—194 Hinchey McNulty Scott (GA) for 5 minutes. Aderholt Gallegly Myrick Hinojosa Meehan Scott (VA) Mr. OBERSTAR. First of all, we had Akin Garrett (NJ) Neugebauer Hirono Meek (FL) Serrano a very clear agreement within the com- Alexander Gerlach Nunes Hodes Meeks (NY) Sestak Holden Melancon mittee on the Democratic and Repub- Bachmann Gilchrest Paul Shea-Porter Bachus Gillmor Pearce Holt Michaud Sherman Honda lican side not to take new items that Baker Gingrey Pence Miller (NC) Shuler Hooley Miller, George were not in the 109th Congress Water Barrett (SC) Gohmert Peterson (PA) Sires Hoyer Mitchell Bartlett (MD) Goode Petri Skelton Resources Development Act. We have Inslee Mollohan Barton (TX) Goodlatte Pickering Slaughter vigorously adhered to that, kept a Jackson (IL) Moore (KS) Biggert Granger Pitts Jackson-Lee Moore (WI) Smith (WA) great many projects out. Bilbray Graves Platts (TX) Moran (VA) Snyder This proposal is not only new, but it Bilirakis Hall (TX) Poe Solis Bishop (UT) Hastert Jefferson Murphy (CT) is massive, it is huge, it is not a study Porter Space Blackburn Hastings (WA) Johnson (GA) Murphy, Patrick Price (GA) Spratt of potential effects. It has very clear Blunt Hayes Johnson, E. B. Murtha Pryce (OH) Stark declarative language: the Secretary Boehner Heller Jones (OH) Nadler Putnam Stupak Bonner Hensarling Kagen Napolitano shall inventory, develop and maintain Radanovich Kanjorski Neal (MA) Sutton Bono Herger Ramstad all lands, properties, projects, meaning Boozman Hobson Kaptur Oberstar Tanner hydroelectric projects. The language at Regula Kennedy Obey Tauscher Boustany Hoekstra Rehberg the very outset prohibits any action Brady (TX) Hulshof Kildee Olver Taylor Reichert Kilpatrick Ortiz Thompson (CA) Brown (SC) Hunter Renzi that may be proposed, as is being con- Kind Pallone Thompson (MS) Brown-Waite, Inglis (SC) Reynolds sidered along the Snake River, to re- Klein (FL) Pascrell Tierney Ginny Issa Rogers (AL) Buchanan Jindal Kucinich Pastor Towns move dams for environmental pur- Rogers (KY) Burgess Johnson (IL) Langevin Payne Udall (CO) poses, and by directing the Secretary Rogers (MI) Burton (IN) Johnson, Sam Lantos Perlmutter Udall (NM) to undertake this action, creates a Ros-Lehtinen Buyer Jordan Larsen (WA) Peterson (MN) Van Hollen Roskam PAYGO issue. There is a clear budg- Calvert Keller Larson (CT) Pomeroy ´ Royce Velazquez Camp (MI) King (IA) Lee Price (NC) etary consequence in that language. Ryan (WI) Visclosky Campbell (CA) King (NY) Levin Rahall This motion goes well beyond the in- Sali Walz (MN) Cannon Kingston Lewis (GA) Rangel Saxton Wasserman tent of the Water Resources Develop- Capito Kirk Lipinski Reyes Schmidt Schultz ment Act. It goes beyond the bipar- Carter Kline (MN) Loebsack Rodriguez Sensenbrenner Waters tisan agreement we have in bringing Castle Knollenberg Lofgren, Zoe Ross Sessions Lowey Rothman Watson this bill to the floor. It authorizes un- Chabot Kuhl (NY) Watt Coble LaHood Shadegg Lynch Roybal-Allard limited projects without consideration Shays Mahoney (FL) Ruppersberger Waxman Cole (OK) Lamborn Weiner Conaway Latham Shimkus Maloney (NY) Rush of environmental impacts or consider- Welch (VT) Crenshaw LaTourette Shuster Markey Ryan (OH) ation of taxpayer expense. Wexler Culberson Lewis (CA) Simpson Marshall Salazar Wilson (OH) b 1830 Davis (KY) Lewis (KY) Smith (NE) Matheson Sa´ nchez, Linda Davis, David Linder Smith (NJ) Matsui T. Woolsey It impacts legislation that we al- Davis, Tom LoBiondo Smith (TX) McCarthy (NY) Sanchez, Loretta Wu ready have in this bill. It goes far be- Deal (GA) Lucas Souder McDermott Sarbanes Wynn Dent Lungren, Daniel Stearns McGovern Schakowsky Yarmuth yond the scope that we intended in Sullivan Diaz-Balart, L. E. NOT VOTING—13 WRDA. Diaz-Balart, M. Mack Tancredo We can consider the gentleman’s pro- Doolittle Manzullo Terry Cantor Israel Millender- posal in future authorizations of Drake Marchant Thornberry Cubin Jones (NC) McDonald Dreier McCarthy (CA) Tiahrt Davis, Jo Ann Lampson Rohrabacher WRDA and in hearings that we will un- Duncan McCaul (TX) Tiberi Fattah McCollum (MN) Walsh (NY) dertake, but this amendment has no Ehlers McCotter Turner Higgins Wicker Emerson McCrery Upton place during floor consideration of this ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE bill at this late hour when it clearly English (PA) McHenry Walberg Everett McHugh Walden (OR) The SPEAKER pro tempore (during brings into play items well beyond the Fallin McKeon Wamp the vote). Members are advised that scope of the agreement between the Feeney McMorris Weldon (FL) there are 2 minutes remaining in this Democrats and Republicans on the bill Ferguson Rodgers Weller Flake Mica Westmoreland vote. and well beyond the scope of the pur- Forbes Miller (FL) Whitfield pose of the legislation. It imposes vast, Fortenberry Miller (MI) Wilson (NM) b 1859 potential new expenditures and re- Fossella Miller, Gary Wilson (SC) quirements upon the Secretary, some Foxx Moran (KS) Wolf Mr. HALL of New York, Mr. MITCH- Franks (AZ) Murphy, Tim Young (AK) of which are not even well understood Frelinghuysen Musgrave Young (FL) ELL, Mrs. BOYDA of Kansas, Ms. at this point. JACKSON-LEE of Texas, Mr. FARR So I oppose the motion, and I urge a NAYS—226 and Mr. THOMPSON of Mississippi ‘‘no’’ vote. Abercrombie Capuano DeLauro changed their vote from ‘‘yea’’ to The SPEAKER pro tempore (Mr. Ackerman Cardoza Dicks ‘‘nay.’’ Allen Carnahan Dingell TIERNEY). Without objection, the pre- Altmire Carney Doggett Messrs. MCHUGH, STEARNS and vious question is ordered on the motion Andrews Carson Donnelly EHLERS changed their vote from to recommit. Arcuri Castor Doyle ‘‘nay’’ to ‘‘yea.’’ There was no objection. Baca Chandler Edwards So the motion to recommit was re- Baird Clarke Ellison The SPEAKER pro tempore. The Baldwin Clay Ellsworth jected. question is on the motion to recommit. Barrow Cleaver Emanuel The result of the vote was announced The question was taken; and the Bean Clyburn Engel as above recorded. Becerra Cohen Eshoo Speaker pro tempore announced that Berkley Conyers Etheridge The SPEAKER pro tempore. The the noes appeared to have it. Berman Cooper Farr question is on the passage of the bill. Mr. WALDEN of Oregon. Mr. Speak- Berry Costa Filner The question was taken; and the er, on that I demand the yeas and nays. Bishop (GA) Costello Frank (MA) Speaker pro tempore announced that Bishop (NY) Courtney Giffords The yeas and nays were ordered. Blumenauer Cramer Gillibrand the ayes appeared to have it. The SPEAKER pro tempore. Pursu- Boren Crowley Gonzalez Mr. OBERSTAR. Mr. Speaker, on ant to clause 9 of rule XX, the Chair Boswell Cuellar Gordon that I demand the yeas and nays. Boucher Cummings Green, Al will reduce to 5 minutes the minimum Boyd (FL) Davis (AL) Green, Gene The yeas and nays were ordered. time for any electronic vote on the Boyda (KS) Davis (CA) Grijalva The SPEAKER pro tempore. This question of passage of the bill. Brady (PA) Davis (IL) Gutierrez will be a 5-minute vote. The vote was taken by electronic de- Braley (IA) Davis, Lincoln Hall (NY) The vote was taken by electronic de- Brown, Corrine DeFazio Hare vice, and there were—yeas 194, nays Butterfield DeGette Harman vice, and there were—yeas 394, nays 25, 226, not voting 13, as follows: Capps Delahunt Hastings (FL) not voting 14, as follows:

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[Roll No. 234] Poe Schiff Thornberry MOTION TO INSTRUCT OFFERED BY MR. LEWIS OF Pomeroy Schmidt Tiahrt CALIFORNIA YEAS—394 Porter Schwartz Tierney Price (GA) Scott (GA) Mr. LEWIS of California. Mr. Speak- Abercrombie DeLauro King (NY) Towns Price (NC) Scott (VA) er, I offer a motion to instruct con- Ackerman Dent Kingston Turner Pryce (OH) Sensenbrenner Aderholt Diaz-Balart, L. Kirk Udall (CO) ferees. Putnam Serrano Akin Diaz-Balart, M. Klein (FL) Udall (NM) The SPEAKER pro tempore. The Radanovich Sessions Alexander Dicks Kline (MN) Upton Rahall Sestak Clerk will report the motion. Van Hollen Allen Dingell Knollenberg Ramstad Shays The Clerk read as follows: Vela´ zquez Altmire Doggett Kucinich Rangel Shea-Porter Andrews Donnelly Kuhl (NY) Visclosky Mr. Lewis of California moves that the Regula Sherman managers on the part of the House at the Arcuri Doolittle LaHood Rehberg Shimkus Walberg Baca Doyle Langevin Reichert Shuler Walden (OR) conference on the disagreeing votes of the Bachus Drake Lantos Renzi Shuster Walz (MN) two Houses on the Senate amendment to the Baird Dreier Larsen (WA) Reyes Simpson Wamp bill, H.R. 1591, be instructed to insist on sub- Baker Duncan Larson (CT) Reynolds Sires Wasserman sections (c), (d), (e) and (f) of section 1904 of Baldwin Edwards Latham Rodriguez Skelton Schultz the House bill, relating to the redeployment Barrett (SC) Ehlers LaTourette Rogers (AL) Slaughter Waters Barrow Ellison Lee of the Armed Forces from Iraq and restric- Rogers (KY) Smith (NE) Watson tions on the Secretary of Defense’s use of the Bartlett (MD) Ellsworth Levin Rogers (MI) Smith (NJ) Watt Barton (TX) Emanuel Lewis (CA) Armed Forces in Iraq after such redeploy- Ros-Lehtinen Smith (TX) Waxman Bean Emerson Lewis (GA) Roskam Smith (WA) Weiner ment. Becerra Engel Lewis (KY) Ross Snyder Welch (VT) The SPEAKER pro tempore. Pursu- Berkley English (PA) Linder Rothman Solis Berman Eshoo Lipinski Weldon (FL) ant to clause 7 of rule XXII, the gen- Roybal-Allard Souder Weller Berry Etheridge LoBiondo Ruppersberger tleman from California (Mr. LEWIS) and Space Wexler Biggert Everett Loebsack Rush Spratt Whitfield the gentleman from Wisconsin (Mr. Bilirakis Fallin Lofgren, Zoe Ryan (OH) Stark Wilson (NM) OBEY) each will control 30 minutes. Bishop (GA) Farr Lowey Ryan (WI) Stupak Bishop (NY) Ferguson Lucas Salazar Sullivan Wilson (OH) The Chair recognizes the gentleman Bishop (UT) Filner Lungren, Daniel Sali Sutton Wolf from California. Blumenauer Forbes E. Sa´ nchez, Linda Tanner Woolsey Mr. LEWIS of California. Mr. Speak- Blunt Fortenberry Lynch Wu T. Tauscher er, I yield myself such time as I may Bonner Fossella Mack Sanchez, Loretta Taylor Wynn Bono Foxx Mahoney (FL) Sarbanes Terry Yarmuth consume. Boozman Frank (MA) Maloney (NY) Saxton Thompson (CA) Young (AK) In doing so, I rise to offer a very sim- Boren Frelinghuysen Manzullo Schakowsky Thompson (MS) Young (FL) Boswell Gallegly Marchant ple, straightforward motion to instruct Boucher Garrett (NJ) Markey NAYS—25 conferees on the fiscal year 2007 emer- Boustany Gerlach Marshall Bachmann Goode Royce gency supplemental appropriations Boyd (FL) Giffords Matheson Bilbray Goodlatte Shadegg bill. Boyda (KS) Gilchrest Matsui Blackburn Hensarling Stearns Brady (PA) Gillibrand McCarthy (CA) The motion to instruct simply insists Boehner Inglis (SC) Tancredo that House conferees support the pre- Brady (TX) Gillmor McCarthy (NY) Chabot Jordan Braley (IA) Gingrey McCaul (TX) Tiberi viously adopted House position with re- Feeney Lamborn Westmoreland Brown (SC) Gonzalez McCollum (MN) Flake McHenry gard to a timetable for the withdrawal Brown, Corrine Gordon McCotter Wilson (SC) Franks (AZ) Miller (FL) of troops from Iraq. This motion, which Brown-Waite, Granger McCrery Gohmert Pence Ginny Graves McDermott I will oppose, puts Members on record Buchanan Green, Al McGovern NOT VOTING—14 as either fully supporting our troops or Burgess Green, Gene McHugh Cantor Israel Paul Burton (IN) Grijalva McIntyre agreeing to a surrender date in Iraq. It Cubin Jones (NC) Pickering Butterfield Gutierrez McKeon is that simple. Davis, Jo Ann Lampson Rohrabacher Buyer Hall (NY) McMorris Fattah Millender- Walsh (NY) It is no secret that many Members of Calvert Hall (TX) Rodgers Higgins McDonald Wicker the House, both Republicans and Camp (MI) Hare McNerney Democrats, have strong reservations Campbell (CA) Harman McNulty ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cannon Hastert Meehan about the manner in which this legisla- The SPEAKER pro tempore (during Capito Hastings (FL) Meek (FL) tion undermines the authority of the Capps Hastings (WA) Meeks (NY) the vote). Members are advised there President, our commander in chief. Capuano Hayes Melancon are 2 minutes remaining in this vote. Cardoza Heller Mica Members are also rightly concerned Carnahan Herger Michaud about how this legislation places mili- b 1908 Carney Herseth Sandlin Miller (MI) tary decisions in the hands of politi- Carson Hill Miller (NC) So the bill was passed. Carter Hinchey Miller, Gary cians rather than the military com- Castle Hinojosa Miller, George The result of the vote was announced manders in the field. Castor Hirono Mitchell as above recorded. This legislation ought to focus on our Chandler Hobson Mollohan A motion to reconsider was laid on Clarke Hodes Moore (KS) troops. It ought to focus on providing Clay Hoekstra Moore (WI) the table. those in harm’s way with the resources Cleaver Holden Moran (KS) they need to complete their mission Clyburn Holt Moran (VA) f successfully. It ought to respect, not Coble Honda Murphy (CT) micromanage, our combatant com- Cohen Hooley Murphy, Patrick APPOINTMENT OF CONFEREES ON Cole (OK) Hoyer Murphy, Tim manders in whom we place the ulti- Conaway Hulshof Murtha H.R. 1591, U.S. TROOP READINESS, mate responsibility for prosecuting Conyers Hunter Musgrave VETERANS’ HEALTH AND IRAQ military actions. Cooper Inslee Myrick ACCOUNTABILITY ACT, 2007 Costa Issa Nadler Mr. Speaker, Members of Congress Costello Jackson (IL) Napolitano Mr. OBEY. Mr. Speaker, pursuant to are many things. We are elected to rep- Courtney Jackson-Lee Neal (MA) clause 1 of rule XXII and by direction resent the interests of our constituents Cramer (TX) Neugebauer Crenshaw Jefferson Nunes of the Committee on Appropriations, I from our congressional districts. How- Crowley Jindal Oberstar move to take from the Speaker’s table ever, as presently written, this legisla- Cuellar Johnson (GA) Obey the bill (H.R. 1591) making emergency tion makes the dangerous assumption Culberson Johnson (IL) Olver supplemental appropriations for the that Congress also has an on-the- Cummings Johnson, E. B. Ortiz Davis (AL) Johnson, Sam Pallone fiscal year ending September 30, 2007, ground role in prosecuting the war in Davis (CA) Jones (OH) Pascrell and for other purposes, with a Senate Iraq. Davis (IL) Kagen Pastor amendment thereto, disagree to the In closing, let me remind my col- Davis (KY) Kanjorski Payne Davis, David Kaptur Pearce Senate amendment, and agree to the leagues of this: We are not generals. We Davis, Lincoln Keller Perlmutter conference asked by the Senate. are not the Secretary of State. And we Davis, Tom Kennedy Peterson (MN) The Clerk read the title of the bill. are most certainly not the commander Deal (GA) Kildee Peterson (PA) The motion was agreed to. in chief. DeFazio Kilpatrick Petri DeGette Kind Pitts A motion to reconsider was laid on The vote on this motion to instruct Delahunt King (IA) Platts the table. will signal whether Members of the

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3666 CONGRESSIONAL RECORD — HOUSE April 19, 2007 House are willing to provide our men cians and those Iraqi factions to make demolished the Afghani Government and women in uniform with our un- the compromises necessary to allow and took power. qualified support or whether Members our troops to end their involvement in So what can we expect when we an- will fully embrace a timetable for that civil war. And to do that, we have nounce today that we are closing, that withdrawal and surrender. in the legislation now before us condi- we are losing, and announce tomorrow I urge a ‘‘no’’ vote on this motion to tioned our continued presence in Iraq that we will leave? Al Qaeda leaders instruct. on Iraq’s meeting certain performance have publicly declared their mission is Mr. Speaker, I reserve the balance of benchmarks, which were first laid out to expel the Americans from Iraq and my time. by the President himself. establish an Islamic emirate in Iraq. So b 1915 This motion, which has now been of- we have taken them at their word with fered by the gentleman, is an example, this surge and showed a new deter- Mr. OBEY. Mr. Speaker, I have to I think, of people falling off both sides mination to win. In the seven weeks tell you, some days it is very inter- of the same horse at the same time be- since the surge began, the number of esting to watch what happens in a cause we have people who say they weapon stockpiles we have found has place like this. This is the most serious don’t want us to put limits on the doubled. More tips are coming in from issue that this Congress will confront President’s conduct of the war, now in- Iraqis who want peace and stability to this year, and this motion is addressing sisting that in fact we adhere to the take hold of their country. Sunni lead- that issue in the most unserious man- very proposals that we passed just 2 ers are turning against al Qaeda and ner possible. This motion is presented weeks ago. Iraqi troops are standing up. Just yes- by the distinguished ranking minority I want to say that this is, I think, de- terday, the Iraqi troops took charge of member of the committee, and then he spite the fact that it is an unserious security in the southern province of says he is going to vote against his own motion, I intend to accept it because it My Soon, the fourth province to come motion. I would like for a moment to is simply, in essence, a re-vote of what under full Iraqi security patrol. remind the body of what this House is the House committed itself to 2 weeks General Petraeus is coming next supposed to be. ago. week to brief the Congress on our The core purpose of this Congress, The reason we have timelines in this progress. How are we going to greet the main reason for its existence is to bill is because we want to give General this brave general, good morning, Gen- deal with issues like this. Today, the Petraeus the ability to use Congress as eral Petraeus, we’ve decided to run the United States Congress is supposedly sort of a bad cop/good cop routine in war? What we need to do as responsible regarded as the greatest deliberative order to convey to the Iraqi politicians Members of Congress is to exercise our body in the world. We exist today, if we that they must resolve their dif- oversight, fund and support our troops, remember our history, we exist today ferences if they expect us to remain ensure that we give them what they because almost 800 years ago our Brit- there for any significant length of time need as they fight for our freedom, ish forefathers placed the first limita- at all. There is no way that we can cre- what they and their families need as tion on the absolute use of executive ate that kind of pressure on Iraqi poli- they return, and give this plan a power in the history of the English ticians unless we maintain the pro- chance, paying close attention to its speaking world when they forced the posals that we made in this House bill. progress. English monarch to sign the Magna The President wants none of these There is too much at stake in Iraq Carta. limitations to pass. I find it interesting for responsible leaders to advocate al- Over 500 years later, that evolved that people who say that we should lowing the region to spiral into chaos, into the United States Constitution, proceed to compromise are now offer- and we can’t ignore the threat of fail- which created three branches of gov- ing a motion which in essence tells us ure for our country and our citizens. ernment, with checks and balances de- not to compromise. In the end, we Mr. LEWIS of California. Mr. Speak- signed to prevent arbitrary and unilat- know that both sides are going to have er, I am pleased to recognize for 3 mineral exercise of unchecked executive to compromise; but in the interest of utes the gentleman from California, power in order to protect liberty. getting us to conference so that we can the former chairman of the Armed Because of that Constitution, and begin that long arduous process, which Services Committee, DUNCAN HUNTER. under the procedures defined by that I fear will take many months, I am Mr. HUNTER. I want to thank my Constitution, we are here in the fifth going to accept the motion of the gen- friend, Mr. LEWIS, for giving me a year of a war which this country was tleman, even though I regard it as a chance to talk about this supplemental led into under false premises. And we very quaint way to move to a position bill, this very bad bill, once again. are debating how the Congress should of compromise between the President Mr. Speaker, I have carefully re- respond to the President’s escalation and the Congress. viewed the language on page 72 of this and intensification of our involvement Mr. Speaker, with that, I reserve the bill with our counsel as to the exact in an Iraqi civil war. We are also debat- balance of my time. legal effect of this bill. This bill says ing his request for another hundred bil- Mr. LEWIS of California. Mr. Speak- that an American unit cannot be intro- lion dollars to continue that war. er, I am proud to yield 2 minutes to a duced into Iraq until a 15-day waiting He is also asking for billions of dol- member of the committee, the period has expired. Now, what does lars in additional spending for other gentlelady from Texas (Ms. GRANGER). that mean? That means if you have domestic and international activities, Ms. GRANGER. Mr. Speaker, I rise hostages being held in a place in Iraq including flood control, nutrition pro- today in strong support of our troops and you want to move a Delta force grams, education and cultural ex- fighting in Iraq and the plan put forth team across the line, you can’t do that changes, disease control in Southeast by General Petraeus to win this war. for 15 days under the law, should this Asia, and salaries for U.S. marshals. Democrat Senate Majority Leader become law. It says if you have a fleet- The majority of both Houses have HARRY REID said he believes the war is ing target, like the Zarqawi strike that voted to try to bring about a change in lost and the surge is failing. What a we made a couple of months ago, and direction in that war. We believe, at terrible message for our troops fighting time is of the essence and you want to least those of us who supported the bill this very minute. Instead of a road map take an F–16 out of Incirlik, Turkey two weeks ago, we believe that our sol- to success, we are being asked to sup- and make a strike, you can’t do it diers won the war that they were asked port a plan for defeat. We are being without waiting for 15 days after noti- to wage, but that it is unrealistic to asked to announce to our enemies a fying the House Armed Services Com- expect them to do something that they date for surrender. Do we think the mittee, the Senate Armed Services have no power to do, which is to force terrorists will lay down their weapons Committee, and presumably the Appro- Iraqi politicians to make political com- and go their merry way if we leave? priations Committee. promises necessary to end the carnage History reminds us otherwise. When Mr. Speaker, if we have an extreme in that country. the Soviet Union left Afghanistan in situation in Iraq where Americans have By this bill, we are attempting to put the 1980s, the radical Islamists did not to be rescued or reinforced, I don’t enough pressure on those Iraqi politi- lay down their weapons; in fact, they want them to come back and notify me

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3667 or notify the committee. I want them In my estimation, this war has been Maybe it is another good cop-bad cop to do what they have to do and carry so mishandled. Congress has an obliga- type of ploy being employed by individ- out their mission. tion to set a standard, to have account- uals on the other side of the aisle when This is a very defective bill, and this ability. And this bill is called the Iraqi the majority leader in the other body 15-day waiting requirement in this war Accountability bill, and that’s what today declares the war is lost, con- against terror where time is of the es- we’re trying to do. We’re trying to hold ceding that al Qaeda has won. Is the sence, where American military teams this administration accountable for the other side willing to concede that al move across country boundaries every mistakes that they have made. Qaeda has won in Iraq, that they have day without certifying anything to Does anybody know we have 125,000 won in Algeria, that they have won in anybody, this is a real disservice to the contractors in Iraq? 125,000. And when Morocco, that they have won in Af- forces that work not only in Iraq, but we pointed this out to the Secretary of ghanistan and that they have won in should this be applied to other parts of Defense, do you know what he said? He Pakistan? the world in a future time would be a said, ‘‘They’re making more money When do they believe is the most ap- real disservice to everybody who fights than I make.’’ propriate time to confront the enemy in the war against terror. that we face today, if we are not will- I strongly support the motion of the b 1930 ing to confront them in Iraq, if we are gentleman from California. The Secretary of Defense said these not willing to confront them in north- Mr. OBEY. Mr. Speaker, I yield 5 contractors are making more money ern Africa and the other parts of the minutes to the distinguished chairman than he makes, 125,000 of them. They Middle East or Asia? Are we going to of the defense appropriations sub- couldn’t tell the committee for 2 once again wait until they come to the committee, Mr. MURTHA. months how many contractors they United States? Mr. MURTHA. This Appropriation had. This is hard and it is tough, but these Committee will have appropriated $1.2 They have got a fellow fueling a are cold-blooded, ruthless killers. It is trillion for this war and for the Defense truck on one side, and he’s making probably inappropriate to call this a Department in one year. When I came $25,000, and right beside him is a guy war, because the people that we’re to Congress, we had appropriated $100 making $80,000 fueling a truck. Why is fighting don’t deserve the term of ‘‘sol- billion for defense for the whole year. that? Are we meeting our recruiting dier’’ or ‘‘warriors.’’ They are outlaws, We keep talking about progress; standards when we need 125,000 people they are criminals, and we cannot con- that’s what the military leaders in Iraq that are contractors in Iraq riding cede this to them, like the majority talk about. I wish we saw progress. around shooting people, as I saw in the leader in the other body did today. I voted for this war because I be- Washington Post the other day, shoot- Today, he sent a powerful signal to the lieved that our Nation was threatened. ing inadvertently at people? They want rest of the world and to our allies that Two or three weeks later, I realized to kill somebody, this one guy said? al Qaeda has won and we have lost. that we weren’t under any threat; we That’s the face of America? We’ve lost How will our allies respond to that were misled. There was no threat to credibility because of some of these message? our national security. We went in with contractors and the actions of these This motion to recommit is at least a inadequate forces. I’m the one that contractors. little bit better in that it says we found the lack of body armor, 44,000 I say we need to set timelines. We haven’t lost, but we’re willing to soon troops without body armor, without ar- need to set a benchmark. We need to surrender and give up this fight. It is a mored Humvees; and now 4 years later, say to the Iraqis, it’s time for you to fight that we can’t afford to lose. It is we’re arguing about timelines where take over and decide your own fate, a fight that we need to win. the Iraqis ought to take over the war like we did in our own revolution. Take a look at what they said. This themselves. We’re arguing about allow- is in their playbook. Defeat this mo- ing the Iraqis to do what the President I ask Members to vote for this benchmark set by the gentleman from Cali- tion to recommit. agreed to. And we want to set a time- Mr. OBEY. Mr. Speaker, I yield 2 fornia. table so that they are forced to agree minutes to the gentleman from Penn- Mr. LEWIS of California. Mr. Speak- to it. There is no question in my mind sylvania (Mr. MURTHA). every time the Iraqis stumble, the er, as I go about recognizing another of Mr. MURTHA. It’s interesting to United States steps in and puts our my colleagues, let me just take a mo- hear the gentleman say ‘‘we.’’ ‘‘We American troops in between the civil ment to say that if indeed we had had fight.’’ ‘‘We aren’t going to give up.’’ war. a traditional open rule on this process, ‘‘We aren’t going to surrender.’’ I just visited Fort Hood, Fort Stew- we would not have had the problem Let me tell you something. We are art and Fort Bragg. The troops are that the gentleman has just alluded to. not fighting this war. It’s the troops somber. The troops are going to do An up-or-down vote on whether we overseas. And when I talk to the fami- their job. They’re valiant. I am in- withdraw our troops or not would have lies, when I go to the hospital, I see the spired by the troops. But let me tell been available. We would have satisfied results of this war. you, they’re burned out. In the schools many of the questions. Don’t tell me we’re fighting this war. in Fort Bragg they say they need coun- Mr. Speaker, I am happy to yield 3 It’s the troops in the field, a very small seling. In the schools of Fort Bragg minutes to the gentleman from Michi- segment of the American population they say there’s higher truancy. They gan (Mr. HOEKSTRA), the former chair- that are fighting this war. If the Presi- say the students’ achievement has man of the Intelligence Committee. dent thinks we should continue the dropped. You know who’s suffering? We Mr. HOEKSTRA. I thank my col- war, he ought to call for a draft and talk about fighting this war. We’re not league for yielding. spread it out and let everybody serve in fighting this war. A very small seg- Mr. Speaker, today our Nation is en- this war, not this small segment mak- ment of this population is fighting this gaged in a struggle with a brutal and ing such a sacrifice. war, and they’re burned out. I’ve had cold-blooded enemy, cold-blooded kill- Don’t tell me we’re fighting in this troop commanders who were there ers. These are the kinds of folks who air-conditioned office. We’re not fight- three times say, we can only spend 10 will kill people on an airplane and fly ing this war. They’re fighting it. And months in combat and we start making it into buildings. They will drive a car I’m proud of every one of them. But bad decisions; and I believe that. through a checkpoint, step out of the don’t stand here in this air-conditioned They say there’s progress, and I’ve car, leave the kids in the back seat, facility and say we are fighting this just seen over 200 killed in 2 days. and blow it up. They will attack civil- war. We’ve lost more Americans in the last ians rather than military targets. I am proud of these troops and what 4 months than any other period during It is utter folly to believe that by es- they have done. They have won the this war. That’s not progress. The elec- tablishing timelines and saying we are war. The mission was accomplished. We tricity production is below prewar going to pull out today or at some cannot win it militarily. It can only be level. Production of oil is below prewar specified date in the future, to believe won diplomatically. level. How do you measure? Rhetoric that by doing that they will evaporate Mr. LEWIS of California. Mr. Speak- doesn’t measure progress. and they will leave us alone. er, I am proud to yield 4 minutes to the

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00105 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3668 CONGRESSIONAL RECORD — HOUSE April 19, 2007 gentlewoman from Florida (Ms. ROS- Mr. Speaker, we either stand now limited choices, and that is why, Mr. LEHTINEN). against the Islamic militant jihadists Speaker, I have proposed H.R. 1234, a Ms. ROS-LEHTINEN. I thank the operating in Iraq or have these mili- plan to end the war, which begins with gentleman from California for the tants continue to threaten our men Congress not funding the war, pulling time. and women fighting the forces that the plug on funding and moving for- Mr. Speaker, whether or not some seek our destruction. We cannot leave ward with a plan that reaches out to choose to acknowledge it, we are at our troops serving in Iraq or anywhere the international community to get war with militant Islamists who seek else vulnerable to the whims of arm- out of Iraq. our destruction. Yet some on the other chair generals in Congress. Mr. LEWIS of California. Mr. Speak- side of the aisle today announced that Support our troops. Reject this mo- er, I am pleased to yield 31⁄2 minutes to the war is lost in Iraq. This comment tion. the gentleman from New Jersey (Mr. shows little understanding of the abil- Mr. OBEY. Mr. Speaker, I yield 3 SAXTON), a distinguished member of ity and the determination of our men minutes to the distinguished gen- the Armed Services Committee. and women in the Armed Forces. tleman from Ohio (Mr. KUCINICH). Mr. SAXTON. I would like to thank Naysayers and those who doubt our Mr. KUCINICH. I thank the gen- Mr. LEWIS for yielding time. Nation’s ability to prevail over evil tleman. Mr. Speaker, this vote to me is about have existed throughout the centuries, Mr. Speaker, when you listen to the Jacqueline, Kate and Allie. Most of you and it appears that there are those who debate, you can understand that we don’t know Jacqueline, Kate and Allie. doubt the ability of this century’s could be in Iraq for many, many years You see, they are my granddaughters, the next generation, the generation greatest generation to defeat these to come and could expand the war be- that will perhaps be most affected by Islamist militant extremists operating yond Iraq unless we take a new ap- this policy. in Iraq. proach which places diplomacy as the Our mission is just. The soldier can- path to peace. b 1945 not be separated from his mission. All Mr. Speaker, our soldiers didn’t lose To many in this Chamber, I am I have to do is look to the inspiration the war. I maintain the war was lost afraid this vote is not about the next of the Parsons brothers from my con- the minute the White House fabricated generation; it is about setting a date gressional district, who are serving in a cause for war. The Bible says that for surrender. I believe it is time that Iraq. They know that we must and in- which is crooked cannot be made this House go on record and vote on deed we can succeed. straight, and our adventure in Iraq will whether emergency funding bills Huber Parsons was with the 101st prove the Bible was right. should have a troop withdrawal Airborne for two long Iraq deploy- On the one hand, some of my friends timeline. ments. He is currently on his third de- do not believe in any timetable to I want to reiterate to my colleagues ployment with the Army Stryker Bri- withdraw from Iraq, which means we the message that we are sending if we gade. His twin brother, Bill, has served could stay in Iraq indefinitely; on the include such a timeline in this bill. two tours in Afghanistan and two tours other hand, some of my friends believe Make no mistake, it is nothing less in Iraq. And their little brother, Char- in timetables, even nonbinding time- than a date certain for surrender. lie, is on his first deployment in Iraq. tables, which means we could stay in Some in this Congress believe that All three brothers are deployed in Iraq Iraq indefinitely. the withdrawal timeline will send a right now. I believe we are being presented with message to the Iraqi Government to I ask for the Parsons brothers and for get serious about taking the lead and all of our brave men and women serv- an insufficient choice. Congress is under no obligation to appropriate any stabilizing Iraq. This is a flawed arguing our Nation in Iraq that we not put ment. It is flawed because it fails to ad- them at increased risk with these arbi- more money for this war, yet we give the President $100 billion. We are under dress the collateral effects, the other trary, artificial deadlines. effects and damage this message will My stepson, Douglas, and my daugh- no obligation to give him any money to continue the war. We can best support do to the Iraqi people, the United ter-in-law, Lindsay, both served in Iraq States, to our allies, and to future as Marine fighter pilots, and tomorrow the troops by using money that is in the pipeline to bring the troops home. American generations. Lindsay will be deploying to Afghani- A surrender timeline for our troops I believe that is what the American stan to continue her military service. will send a very clear message to al people want. Arbitrary deadlines and the con- Qaeda, to the Sunni insurgent groups, Congress recently approved $97 bil- sequences of retreating and failure are and to the Shiite militias in Iraq. It lion in the supplemental. That could personal issues for me. Establishing ar- will tell them that Americans no keep the war going well into next sum- bitrary deadlines for withdrawal of our longer have the stomach to see this forces before Iraq is stable and secure mer. Congress approved a budget a through. gives the insurgents, as well as the Is- week later that would keep the war The Iranians, who are continuing lamic extremist terrorists, a roadmap, going into 2009. down the road of development of nu- a how-to guide, on how to defeat the Nearly 200 people died in the carnage clear weapon capability despite sanc- United States, our Iraqi partners and in Baghdad yesterday. We understand tions and international pressure, will other coalition forces in Iraq. Our that the occupation is fueling the in- also take note of our timeline. troops understand this. Our enemies surgency. Our troop casualties are Ahmadinejad already believes that understand this. Our allies understand mounting towards 3,300. Last night, I Americans are incapable of resistance. it; we must as well. spoke to the sister of one of those cas- He has said so. Our partner nations in We met with Egyptian leader Muba- ualties who was a young Marine from the Middle East are watching to see rak just 2 weeks ago in a bipartisan my district. She raised the plea, what the level of American commitment to congressional delegation, and this is can we do to end this war? Iraq before they increase their level of what he told us: ‘‘Withdrawing from Innocent civilian casualties are ris- assistance. If we tell them we are going Iraq without creating stability will ing. The conservative estimate in June to pull up stakes and go home in 2008, mean that the U.S. will suffer and all 2006 of the Lancet Report set at 650,000 can we expect much support from of us in the region will suffer. I know the number of innocent civilian casual- Saudi Arabia, from Egypt, from Qatar, how these terrorists think,’’ Mubarak ties. It is quite possible that at this from the UAE, from Jordan? I don’t said to us, ‘‘and they will come after time those casualties could be ap- think so. you and then come after us.’’ proaching 1 million. The cost of the A surrender timeline will cause us to He continued by saying, ‘‘The way to war is upwards of $800 billion into 2008. lose credibility with our allies, our control Iran is for the U.S. to succeed We are borrowing money from China to other allies in the war on terror. Al in stabilizing Iraq. Withdrawal of your wage a war in Iraq. Qaeda’s front man, al-Zawahiri, warned forces in Iraq without making Iraq sta- Mr. Speaker, Mr. MURTHA’s account our Iraqi counterparts already that ble will strengthen Iran and will cause of the disaster to our military does not America is about to depart and aban- you harm and will cause all of us need to be added to. But what should don them, just as we abandoned our al- harm.’’ be said right now is that we are facing lies in Vietnam. A surrender timeline

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3669 will certainly degrade the level of trust thority to a White House that has dem- their differences. We attacked them; and confidence that Iraqi soldiers have onstrated from day one that it had not they did not attack us. We abolished toward our forces. The negative effect a clue of what it was getting into, and all their security forces. How could we of this surrender timeline on our it today has not a clue about how to possibly leave before we give them the troops will be significant as well. get out. chance to have their Army stand up, Some in Congress say the war is al- We have to provide better leadership their police stand up, their border pa- ready lost. We have heard that already. than that, and that is what this bill be- trol stand up? We attacked them. It is In my opinion, it is not. We are on the fore us tries to do. I would urge support a moral obligation to give them the op- right track with a renewed strategy to- for the gentleman’s motion. portunity to defend themselves. ward Iraqi security. Mr. LEWIS of California. Mr. Speak- If we want to talk about timelines, Fred Kagan of the American Enter- er, I am pleased to yield 3 minutes to let’s work it out together. Let’s estab- prise Institute recently commented: the gentleman from Connecticut, CHRIS lish timelines that give Iraqis time to ‘‘The conflict in Iraq is central to our SHAYS. do what they need to do. foreign policy and our future, indeed, Mr. SHAYS. Mr. Speaker, I thank the I am voting against this resolution. our well-being. Surely we must keep gentleman. It is harmful to Iraqis and harmful to fighting to win,’’ he said, ‘‘as long as There is not a Member of Congress Americans. victory remains possible. And it is pos- who isn’t tormented by the war in Iraq. Mr. OBEY. Mr. Speaker, I yield 1 sible although not certain,’’ he said, There is not a Member of Congress that minute to the distinguished majority ‘‘that we will win in Iraq. Right now, has not attended a funeral of a brave leader, Mr. HOYER. the signs are more hopeful than they man or woman who has lost their life (Mr. HOYER asked and was given have been in many months. It would be and seen the family’s torment. So I permission to revise and extend his re- a tragedy for America and for Iraq to just want to say for the record, all of marks.) us wrestle with this, Mr. MURTHA, as abandon the fight just as the possi- Mr. HOYER. I thank the chairman you wrestle with this issue. We come to bility of success begins to emerge.’’ for yielding. Mr. OBEY. Mr. Speaker, I yield my- a different conclusion than you do, but Let me first of all say at the outset self 3 minutes. it is as sincere and heartfelt as yours that I agree with Mr. MURTHA. We’re Mr. Speaker, I think that we need to is. not fighting this war. There’s nobody I have been to Iraq 16 times. I try to understand what this war has really in the Congress of the United States go every 3 to 4 months. I think we done. This war has gutted our influence that’s paying more taxes to pay for made huge mistakes in 2003. I don’t in the Middle East, it’s gutted our in- this war. There’s nobody who’s saving think we turned things around and fluence in the world, it’s divided our on metal to fight this war. There’s no- started to move forward until June of own country, and it’s united our en- body who’s saving on rubber to fight 2004, when we transferred power to the emies. Outside of that, it’s been a ter- this war. There’s nobody whose gaso- Iraqis. I saw the rest of 2004 and all of rific idea. line is being rationed to fight this war. 2005 as pretty stunning. Our troops are fighting this war, their Our troops won the war clearly, And then in 2006 we had this new gov- families are fighting this war, but this cleanly, and quickly. But now they are ernment. It took them 4 months to be- Nation is not at war. stuck in a civil war. And as the gen- come a government. And as you are There is nobody in this Congress, not tleman from Pennsylvania points out, going upstream and you are not mak- one of the 435 Members of this Con- the only solution to that civil war is a ing progress, you fall behind. The gress, who wants to lose this war. political and diplomatic compromise, Samarra bombing was a catastrophe. There is nobody in this House who does and there are no American soldiers who For most of 2006 this government did not want to defeat al Qaeda. Nobody. can get that done. not take decisive action. But on my Although it certainly isn’t intended last trip, the one we took just a few Everybody wants to protect this coun- to do it, this motion in fact carries out weeks ago, I started to see something try. Nobody wants to lose another the comments made by Secretary of that gives me hope, and it runs in the American. Everybody understands that Defense Gates, who testified before our face of the resolution in the supple- the fight against terrorism will require committee, before Mr. MURTHA’s sub- mental. I am seeing Anbar province risks. But, Mr. Speaker, this House de- committee, that the war was militarily turning around because the Iraqi serves more than this game playing of unwinnable, that it could only be won Sunnis have come to us and said, we offering motions that we are then on the political and diplomatic front. want to confront the insurgents in our going to vote against. In effect, this is In fact, The Washington Post carried province. a motion to reconsider the vote by this paragraph this morning. It said: I spoke to 40 Iraqi soldiers in the Red which the previous bill was adopted. It ‘‘Secretary Robert Gates told reporters Zone, not in the marketplace, and couldn’t be made now, but that is effec- traveling with him in the Middle East asked them, do you feel safe when you tively what it is. And those who voted that congressional demands for with- go home? Only about three or four told against that bill will vote against this drawal had been constructive. ‘The me they didn’t feel safe. And, remem- motion. The public needs to understand strong feelings expressed in Congress ber, they work 20 days, then they go that a serious motion could have been about the timetable probably had a home for 10. I saw their feeling of safe- made here to change the policy, but positive impact, in terms of commu- ty encouraging. that is not what was done. This is an nicating to the Iraqis that this is not The Baiji oil refinery, which we took attempt to try to politically get people an open ended commitment,’ Gates back with five batallions from the in a vote that is going to be character- said.’’ Iraqi Security Force is no longer a ized as surrender. When the bill was before us the first source of income for the insurgents. We Let me call my colleagues’ attention time, our Republican friends did not have gotten at the corruption at the to June 24, 1997. Our troops were de- bother to offer a recommital motion. refinery; and now, instead of 20 trucks ployed in Bosnia stopping genocide, Why? Because they were divided about a day, we are having 200 trucks a day, seeing a dictator arrested and sent to how to proceed. They could reach no and we feel fairly certain the oil is The Hague and tried for genocide. He agreement. They had no policy. Now going to the right places and the insur- died before the trial was over. But let they are offering a motion which they gents aren’t getting these dollars. me call your attention to that vote, be- say they are going to vote against. Is I am not against timelines; I am just cause that vote was about setting that the best they can do? We have against timelines in the supplemental. timelines. It was offered by Mr. BUYER, heard talk about a surrender date. January 1, 2008 is one of them; April 1, who is now the ranking member of the The only surrender that is involved 2008 is another; and, if the best hap- Veterans’ Affairs Committee. Mr. here today is the surrender of the obli- pens, September 1, 2008. I am not BUYER offered that motion and we de- gation of this Congress to oversee Pres- against a timeline; I am against those bated it. I was opposed to it. We hadn’t idential and executive branch policy. timelines. lost a single troop in Bosnia, not one. The only surrender is the total sur- We need to give the Iraqis timelines We had spent a pittance compared to render of our obligation and our au- that give them the time to resolve what we have spent here. We have lost

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3670 CONGRESSIONAL RECORD — HOUSE April 19, 2007 10 percent of the troops we have lost in from Pennsylvania when he said in No- the only one that has been out there. the last 120 days. vember of 2005, let’s get out, not imme- Many of us have talked to our troops Bob Gates said this policy was fail- diately, but consistent with the safety who have been wounded. War is hell, ing. He’s our Secretary of Defense. Or of our troops. But I agree with the gen- there is no question about it, but some- let me put it this way: he didn’t say tleman from Pennsylvania, Mr. OBEY times you have to fight like the dick- that; he said we were not winning. and the overwhelming majority of the ens in order to preserve your way of That’s a different way of saying it American public, some 70 percent, who life. more accurately. I’m sorry. say it is time to let the Iraqis know I would like to remind you just a lit- But on June 24, 1997, that came to a that it is their fight, that we have sup- tle bit about history. You mentioned a vote about setting timelines on an ef- ported them, we will train them, we revolution; that brought some things fort that was extraordinarily success- will protect our troops on the ground, to my mind. In 1776, in the winter, four ful, brought peace to the Balkans, or at we will protect our diplomatic mis- of George Washington subordinate gen- least a lack of genocide, a lack of eth- sions, and we will give them assistance erals went to Congress and asked them nic cleansing. But Mr. BUYER said we in arms, but this is their fight now. We to remove him, and Mr. Lee of Virginia need to come home. We weren’t losing are there to help them, but it is their led the fight in Congress to have troops, it wasn’t costing us that much fight. George Washington removed because money, and we certainly were not los- That’s what this says, and it says 15 he was ineffective, he could not win. ing. months from now, not tomorrow. To One of my ancestors was at Valley On that timeline, Mr. BOEHNER voted characterize this as any kind of a sur- Forge with George Washington when ‘‘yes,’’ after 18 months in Bosnia. Not 4 render is not honest debate, I suggest he was 14 years old, and what I want to years, 4 years and 1 month. After 18 to you. Because if it is, then your June remind you is George Washington was months, you wanted to set a timeline. 24, 1997, which almost all of you voted not removed. They didn’t listen to the Mr. BOEHNER, your leader, voted ‘‘yes.’’ for, was a cry for surrender. I didn’t be- Congress of the United States. They didn’t let Congress change things. They b 2000 lieve it then, don’t believe it now. You had a difference of view as to what left him as Commander in Chief, and as Mr. BLUNT, your whip, voted ‘‘yes.’’ would best resolve the situation in Bos- a result, he won the Revolutionary Mr. HASTERT, your former Speaker, nia. Now the issue is Iraq. War. And we are free today, and he is voted ‘‘yes.’’ Mr. HUNTER, the ranking My colleagues on my side of the the father of our country. member of the Armed Services Com- aisle, we took a position with which Now, the reason I bring this up is it mittee, setting timelines, voted ‘‘yes.’’ the overwhelming majority of the wasn’t right then for Congress to med- Mr. Hyde, who was then chairman of American public agree. They are ahead dle and try to micromanage the war, the Foreign Relations Committee, of us on this. Let us once again sustain and it is not right now for Congress to voted ‘‘yes.’’ Mr. HOEKSTRA, who spoke that position. Nobody on this side of micromanage this war. General earlier tonight, voted ‘‘yes’’ on setting the aisle was not being serious. Nobody Petraeus is the one that ought to be timelines. on this side of the aisle did not give making the decisions, not we in this And yes, let me remind Mr. LEWIS, this very serious, thoughtful, prayerful body. Let the chief executive, the Com- you voted ‘‘yes.’’ You voted ‘‘yes’’ on a consideration. And when you voted, mander in Chief, run the war, not 435 or timeline where we had lost no troops, you voted for America. When you 535 Members of Congress. where we had stopped genocide in its voted, you voted for our troops. When Mr. OBEY. Mr. Speaker, I yield 2 tracks, where we were not threatened you voted, you voted for success in our minutes to the distinguished gen- with loss of life. All we were threat- foreign policy and in our fight against tleman from Pennsylvania (Mr. MUR- ened with was coming home and not terrorism. THA). keeping the peace, keeping the sta- Our friends on the other side of the Mr. MURTHA. Mr. Speaker, let me bility, trying to make sure that we aisle have offered a motion which they just say to my good friend from Cali- were successful. are not for. They could have offered, I fornia, that in the Revolutionary War I urge every one of my colleagues to suggest, some serious alternatives. they fought for 7 years against the vote ‘‘yes’’ on this Republican motion. They did not. greatest army in the history of the They don’t mean it, but to reiterate to I urge my colleagues, vote ‘‘yes,’’ re- world at that time, ragged, with no the American public that we were seri- affirm the policy statement that we shoes, no ammunition, and they out- ous, that we want to make sure, as Bob need a new direction in Iraq. Staying worked them and outfought them be- Gates has said and been quoted by Mr. the course has not worked. Let’s make cause they were on their homeland. OBEY and others, this was a useful ef- a change. Vote ‘‘yes.’’ That is what I am saying the Iraqis fort for us to make. Mr. LEWIS of California. Mr. Speak- should do. It is the Iraqis’ country. The Why? Because what we want to do is er, it was not my intention to take Americans should not be dying for make sure the Iraqis at least are fight- much time at this moment, but the Iraqis, caught in this civil war. ing this war, making sure that the gentleman who just spoke is my long- We have appropriated $1.2 trillion. Iraqis meet the criteria and bench- term colleague on the Committee on We have appropriated over $140 billion marks set by whom? By President Appropriations. We have worked to- more than the White House asked for, Bush, not by us. President George gether for years. He knows full well $140 billion more for the troops, to sup- Bush, the Commander in Chief, said how strongly I feel about having pri- port the troops. We have given every- they need to meet these benchmarks. mary consideration of almost non- thing they asked for. In this Iraq ac- But if the message we send them is, partisanship in defense matters. countability bill, we give them $4 bil- we’re there forever, why meet the At the same time, some time ago, I lion more than the President asked for. benchmarks? Why put their people at discussed with the gentleman the im- We put a strategic reserve in, and we risk? If we’re all prepared to simply portance of our working together in also take care of the health care, the have our men and women at risk in the tradition of the committee. One of post-traumatic stress. We take care of lieu of Iraqi soldiers and police at risk? the traditions is that our committee brain damage. We take care of the Why indeed? does not operate under closed rules. troops. We want to make sure the We need to expect accountability and Mr. Speaker, I yield 2 minutes to the troops have what they need. participation by those whose country gentleman from Indiana (Mr. BURTON). And to go back to the Revolutionary it is. We deposed their dictator and de- Mr. BURTON of Indiana. Mr. Speak- War, my great-grandfather’s grand- clared some few months later that our er, you know, I have listened to the de- father fought in the Revolutionary War mission was accomplished. Unfortu- bate with great interest. I listened to on the right side and he prevailed. We nately, because of the flawed policies Mr. MURTHA, for whom I have great re- don’t have any letters from him, but that were pursued, we have not yet suc- spect, when he talked about the price we have letters from my great-grand- ceeded. being paid by our troops and what he father who served in the Civil War on I voted to give the President author- has seen at Walter Reed and Bethesda. the right side, and he talks about how ity and I disagreed with the gentleman I would just remind him that he is not tough it was in the Civil War. But we

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3671 fought our own Civil War, and my Cockroach, who said once that there is tion undermines the authority of the great-grandmother lived to be 96; I was always a comforting thought in time of President and the Commander in Chief. 6 years old, and she said, you are put trouble when it’s somebody else’s trou- It is not acceptable that we find our- on this Earth to make a difference. ble. selves suddenly presuming that we can We need to make a difference in this But as the gentleman from Pennsyl- afford to have 435 Commanders in Chief Congress, to change the direction of a vania has pointed out, there has been by way of this House. mishandled war. We need to have over- no sense of shared sacrifice in this It breaks, in my judgment, some of sight and accountability for the $1.2 country over this war. The only sac- the fundamental traditions of the Ap- trillion that we have spent on the De- rifice most Americans are being asked propriations Committee, which calls fense Department in 1 year. to undergo is to take a tax cut. for an open process whereby we can Mr. LEWIS of California. Mr. Speak- Well, it seems to me that we ought to deal with each other in as close as a er, could you give me an idea of what start asking whether it is right and in- nonpartisan way as possible. Indeed, a amount of time is left on both sides? deed whether it is moral to allow a ‘‘no’’ vote on this legislation expresses The SPEAKER pro tempore. The gen- tiny band of American citizenry, mili- strongly our concern for allowing our tleman from California (Mr. LEWIS) has tary families, to bear the entire burden troops to do their work, to do it effec- 7 minutes remaining. The gentleman of this war that so many noncombat- tively, and to get home as soon as pos- from Wisconsin (Mr. OBEY) has 91⁄2 min- ants seem to be so enthusiastic about. sible as we continue to be the voice, utes remaining. It seems to me we need to bring about the significant voice for freedom re- Mr. LEWIS of California. Mr. Speak- a different policy that will indeed have maining in this world. er, I am happy to yield 2 minutes to equal sacrifice. Mr. Speaker, I yield back the balance the gentleman from Texas (Mr. There are a lot of people who are ap- of my time. GOHMERT), a distinguished member of parently willing to fight to the last The SPEAKER pro tempore (Mr. our committee. drop of somebody else’s blood. I think TIERNEY). Without objection, the pre- Mr. GOHMERT. Mr. Speaker, we it is time for that to stop. vious question is ordered on the motion have heard over and over again once We, on this side of the aisle, choose to instruct. again in this debate about all the lies to take seriously the gentleman’s mo- There was no objection. that got us into this war. Let’s go back tion, even though he himself indicates The SPEAKER pro tempore. The to the lies that got us in this war. And he does not intend to take his own mo- question is on the motion to instruct I was really gratified to hear my friend tion seriously because he intends to offered by the gentleman from Cali- across the aisle, from Ohio, a moment vote against it. fornia (Mr. LEWIS). ago refer to a quote from the Bible. In I would urge that every Member on The question was taken; and the that same book, it constantly talks this side of the aisle, and I hope on the Speaker pro tempore announced that about forgiveness. other side, would take this motion the ayes appeared to have it. Yes, we heard the administration with the deadly seriousness that it de- Mr. LEWIS of California. Mr. Speak- talk about weapons of mass destruc- serves. Because lives are at stake. They er, I object to the vote on the ground tion over and over again, the Secretary are the lives of innocent Iraqis and that a quorum is not present and make of State, but it is high time we moved they are the lives of innocent Amer- the point of order that a quorum is not on. It is time to forgive President Clin- ican troops who are simply being asked present. ton for all those lies. It is time to for- to carry out a policy which is increas- The SPEAKER pro tempore. Evi- give Madeline Albright for all those ingly futile. dently a quorum is not present. lies. It is time to forgive President I urge an ‘‘aye’’ vote on the gentle- The Sergeant at Arms will notify ab- Bush for being so dadgum gullible that man’s motion. sent Members. he believed all the stuff that was Mr. Speaker, I yield back the balance The vote was taken by electronic de- passed on to him. So let’s forgive them of my time. vice, and there were—yeas 215, nays and move on. b 2015 199, answered ‘‘present’’ 1, not voting Now to fulfill, Mr. Speaker, a com- 18, as follows: Mr. LEWIS of California. Mr. Speak- mitment that I had at the funeral of [Roll No. 235] Travis Buford from Douglas in my dis- er, I appreciate the courtesy of my col- YEAS—215 trict: He died February 22 in Iraq, an league dealing with this time and cir- IED, and among the tears, as we stood cumstance. I do not intend to take a Abercrombie Conyers Gutierrez Ackerman Cooper Hall (NY) there, it was an open casket, and I lot of time. Allen Costa Hare asked his mother if there was anything But it is important for all those lis- Altmire Costello Harman I could do. She said, just tell the Con- tening, and who were concerned about Andrews Courtney Hastings (FL) this issue, to know that we take this Arcuri Cramer Herseth Sandlin gress to shut up and let the military Baca Crowley Hill finish their job. I’ve done what I said I matter very, very seriously, and our Baird Cuellar Hinchey would. motion is a serious one. It is my view Baldwin Cummings Hinojosa Mr. LEWIS of California. Mr. Speak- that a ‘‘yes’’ vote for this bill is a bill Bean Davis (AL) Hirono Becerra Davis (CA) Hodes er, if the gentleman from Wisconsin that will undermine the potential ef- Berkley Davis (IL) Holt has no additional speakers, I am ready fectiveness of our troops for the re- Berman DeFazio Honda to close. mainder of the time that they remain Berry DeGette Hooley in Iraq, and that a ‘‘no’’ vote is the Bishop (GA) Delahunt Hoyer Mr. OBEY. Then let me yield myself Bishop (NY) DeLauro Inslee 2 minutes before the gentleman closes. only way, the only way to express sup- Blumenauer Dicks Jackson (IL) Mr. Speaker, 2 nights ago I was port for our troops’ efforts and guar- Boswell Dingell Jackson-Lee watching the Public Television series antee, in many ways, the opportunity Boucher Doggett (TX) Boyd (FL) Doyle Jefferson on the Iraq War, and I saw one of the for success. This legislation ought to Boyda (KS) Edwards Johnson (GA) gentlemen who is generally regarded as focus on those troops. Brady (PA) Ellison Johnson, E. B. being one of the intellectual architects As I said earlier, it ought to focus on Braley (IA) Emanuel Jones (OH) of that war, Richard Perle, say the fol- providing those in harm’s way with the Brown, Corrine Engel Kagen Butterfield Eshoo Kanjorski lowing: ‘‘We do not leave the battle- resources they need to complete their Capps Etheridge Kaptur field with the first casualty.’’ mission successfully. Further, it ought Capuano Farr Kennedy I would simply note that an awful lot to respect, not micromanage, our com- Cardoza Filner Kildee Carnahan Frank (MA) Kilpatrick of people who have never seen a battle- batant commanders who have the re- Carson Giffords Kind field or been anywhere near one seem sponsibility for carrying forward this Castor Gilchrest Klein (FL) to be awfully anxious to make that war successfully. Chandler Gillibrand Langevin kind of a statement. It’s no secret that many Members of Clarke Gonzalez Lantos Clay Gordon Larsen (WA) When I heard that comment, I was the House, both Republicans and Cleaver Green, Al Larson (CT) reminded of a comment of my old Democrats, have strong reservations Clyburn Green, Gene Lee friend, the philosopher, Archie the about the manner in which this legisla- Cohen Grijalva Levin

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00109 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3672 CONGRESSIONAL RECORD — HOUSE April 19, 2007 Lewis (GA) Obey Skelton Terry Walberg Wilson (NM) Members who wish to offer an amend- Lipinski Olver Slaughter Thornberry Walden (OR) Wilson (SC) ment to this bill should submit 30 cop- Loebsack Ortiz Smith (WA) Tiahrt Wamp Wolf Lofgren, Zoe Pallone Snyder Tiberi Weldon (FL) Young (AK) ies of the amendment and a brief de- Lowey Pascrell Solis Turner Weller Young (FL) scription of the amendment to the Lynch Pastor Space Udall (CO) Westmoreland Rules Committee in H–312 in the Cap- Mahoney (FL) Payne Spratt Upton Whitfield Maloney (NY) Perlmutter itol, no later than 3 p.m. on Monday, Stark ANSWERED ‘‘PRESENT’’—1 Markey Pomeroy Stupak April 23. Members are strongly advised Matsui Price (NC) Sutton Kucinich to adhere to the noticed amendment McCarthy (NY) Rahall Tanner deadline to ensure amendments receive McCollum (MN) Rangel NOT VOTING—18 Tauscher consideration. McDermott Reyes Thompson (CA) Cannon Higgins Peterson (MN) McGovern Rodriguez Thompson (MS) Cantor Israel Rohrabacher Amendments should be drafted to the McIntyre Ross Tierney Cubin Jones (NC) Shadegg bill as ordered reported by the Com- McNerney Rothman Towns Davis, Jo Ann Lampson Walsh (NY) McNulty Roybal-Allard Davis, Lincoln Millender- mittee on Small Business. A copy of Udall (NM) Wicker Meehan Ruppersberger Donnelly McDonald that bill will be posted on the Web site Van Hollen Meek (FL) Rush Fattah Paul Vela´ zquez of the Rules Committee. Meeks (NY) Ryan (OH) Amendments should be drafted by Melancon Salazar Visclosky b 2040 Walz (MN) legislative counsel and also should be Michaud Sa´ nchez, Linda Mrs. BACHMANN, Mr. KNOLLEN- Miller (NC) T. Wasserman reviewed by the Office of the Parlia- Schultz BERG and Mr. MCHUGH changed their Miller, George Sanchez, Loretta mentarian to be sure that the amend- Mitchell Sarbanes Waters vote from ‘‘yea’’ to ‘‘nay.’’ ments comply with the rules of House. Mollohan Schakowsky Watson Mr. WATT and Mr. CHANDLER Watt Members are also strongly encouraged Moore (KS) Schiff changed their vote from ‘‘nay’’ to Moore (WI) Schwartz Waxman to submit their amendments to the Weiner ‘‘yea.’’ Moran (VA) Scott (GA) Congressional Budget Office for anal- Murphy (CT) Scott (VA) Welch (VT) So the motion to instruct was agreed Murphy, Patrick Serrano Wexler to. ysis regarding possible PAYGO viola- Murtha Sestak Wilson (OH) tions. Nadler Shea-Porter Woolsey The result of the vote was announced Napolitano Sherman Wu as above recorded. f Neal (MA) Shuler Wynn A motion to reconsider was laid on SPECIAL ORDERS Oberstar Sires Yarmuth the table. Stated against: The SPEAKER pro tempore. Under NAYS—199 Mr. DONNELLY. Mr. Speaker, on rollcall the Speaker’s announced policy of Jan- Aderholt Ferguson McCaul (TX) No. 235, had I been present, I would have uary 18, 2007, and under a previous Akin Flake McCotter Alexander Forbes McCrery voted ‘‘nay.’’ order of the House, the following Mem- Bachmann Fortenberry McHenry The SPEAKER pro tempore. Without bers will be recognized for 5 minutes Bachus Fossella McHugh objection, the Chair appoints the fol- each. Baker Foxx McKeon lowing conferees: Mr. OBEY, Ms. Barrett (SC) Franks (AZ) McMorris f Barrow Frelinghuysen Rodgers DELAURO, Mr. MURTHA, Mr. VISCLOSKY, The SPEAKER pro tempore. Under a Bartlett (MD) Gallegly Mica Mrs. LOWEY, Messrs. PRICE of North previous order of the House, the gen- Barton (TX) Garrett (NJ) Miller (FL) Carolina, DICKS, EDWARDS, MOLLOHAN, Biggert Gerlach Miller (MI) tleman from Oregon (Mr. DEFAZIO) is Bilbray Gillmor Miller, Gary OLVER, SERRANO, Ms. WASSERMAN recognized for 5 minutes. SCHULTZ, Messrs. CLYBURN, LEWIS of Bilirakis Gingrey Moran (KS) (Mr. DEFAZIO addressed the House. Bishop (UT) Gohmert Murphy, Tim California, YOUNG of Florida, ROGERS His remarks will appear hereafter in Blackburn Goode Musgrave of Kentucky, WOLF, WALSH, HOBSON, Blunt Goodlatte Myrick the Extensions of Remarks.) Boehner Granger Neugebauer KNOLLENBERG, KINGSTON, FRELING- Bonner Graves Nunes HUYSEN, and WICKER. f Bono Hall (TX) Pearce There was no objection. Boozman Hastert Pence UNITED NATIONS MUST BE LEAD- Boren Hastings (WA) Peterson (PA) f ING VOICE AGAINST GENOCIDE Boustany Hayes Petri PERMISSION FOR COMMITTEE ON Brady (TX) Heller Pickering The SPEAKER pro tempore. Under a Brown (SC) Hensarling Pitts ENERGY AND COMMERCE TO previous order of the House, the gen- Brown-Waite, Herger Platts FILE SUPPLEMENTAL REPORT tleman from New Jersey (Mr. PALLONE) Ginny Hobson Poe ON H.R. 493, GENETIC INFORMA- is recognized for 5 minutes. Buchanan Hoekstra Porter Burgess Holden Price (GA) TION NONDISCRIMINATION ACT Mr. PALLONE. Mr. Speaker, I am Burton (IN) Hulshof Pryce (OH) OF 2007 strongly disappointed that United Na- Buyer Hunter Putnam tions Secretary General Ban Ki-moon Calvert Inglis (SC) Radanovich Mr. PALLONE. Mr. Speaker, I ask Camp (MI) Issa Ramstad unanimous consent that the Com- has given in to Turkey’s demands and Campbell (CA) Jindal Regula mittee on Energy and Commerce be cancelled an exhibit commemorating Capito Johnson (IL) Rehberg permitted to file a supplemental report the 13th anniversary of the Rwanda Carney Johnson, Sam Reichert genocide. Carter Jordan Renzi on H.R. 493. Castle Keller Reynolds The SPEAKER pro tempore. Is there b 2045 Chabot King (IA) Rogers (AL) objection to the request of the gen- Coble King (NY) Rogers (KY) tleman from New Jersey? Turkey, as usual, was offended by Cole (OK) Kingston Rogers (MI) references in the exhibit to the Arme- Conaway Kirk Ros-Lehtinen There was no objection. nian genocide in Turkey during World Crenshaw Kline (MN) Roskam f Culberson Knollenberg Royce War I. Davis (KY) Kuhl (NY) Ryan (WI) AMENDMENT PROCESS FOR CON- As a representative of the inter- Davis, David LaHood Sali SIDERATION OF H.R. 1332, SMALL Davis, Tom Lamborn Saxton national community, the United Na- Deal (GA) Latham Schmidt BUSINESS LENDING IMPROVE- tions must be the leading voice against Dent LaTourette Sensenbrenner MENTS ACT OF 2007 genocide. That includes all genocides, Diaz-Balart, L. Lewis (CA) Sessions (Mr. WELCH of Vermont asked and including the Armenian genocide. Un- Diaz-Balart, M. Lewis (KY) Shays Doolittle Linder Shimkus was given permission to address the less the United Nations takes a stand Drake LoBiondo Shuster House for 1 minute.) against Turkey’s denial, its value to Dreier Lucas Simpson Mr. WELCH of Vermont. Mr. Speak- the international community is greatly Duncan Lungren, Daniel Smith (NE) Ehlers E. Smith (NJ) er, the Rules Committee is expected to undermined. Ellsworth Mack Smith (TX) meet the week of April 23 to grant a As the 92nd anniversary of the Arme- Emerson Manzullo Souder rule which may structure the amend- nian genocide approaches, Turkey’s re- English (PA) Marchant Stearns ment process for floor consideration cent behavior is yet another example of Everett Marshall Sullivan Fallin Matheson Tancredo H.R. 1332, the Small Business Lending why it is so important for Congress to Feeney McCarthy (CA) Taylor Improvements Act of 2007. reaffirm the Armenian genocide by

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00110 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3673 passing H. Res. 106. Over the past year, Mayor Calvert graduated from New Ms. JACKSON-LEE of Texas. Mr. Turkey has pulled out of NATO exer- Mexico Military Institute in 1956 and Speaker, it is a pleasure to be on the cises after France affirmed the Arme- served in the Army as a second lieuten- floor with such a distinguished Speak- nian genocide. They have threatened ant. He served in various command and er. Just a few minutes ago, we cast a U.S. troops in Iraq if the U.S. reaffirms staff positions, including test officer in vote that, again, reaffirms the the Armenian genocide. And now they Greenland, assistant professor of chem- crucialness and the necessity of mov- are preventing the U.N. from honoring istry at West Point, and he served in ing forward with the emergency supple- the victims of the Rwandan genocide. combat in Vietnam where he was mental. The motion states that this Their denial has no limits. awarded the Purple Heart. After a 3- House, which it did, reaffirms the dead- The United States must never allow year tour at the Pentagon, he served lines for the redeployment of the crimes against humanity to pass with- for 3 years in Germany. Mr. Calvert United States forces in Iraq that were out remembrance and condemnation. then served at Joliet Army Ammuni- contained in the House-passed emer- As a society, we cannot effectively tion Plant and in 1979 was assigned to gency supplemental, a legislative ini- work to end crimes against humanity the Army War College. tiative that captured, not the personal without recognizing those that have Following this assignment, Mayor wants of individual Members, but re- previously occurred. Calvert then served as the director of sponded to the immediacy of the crisis Far too many times we have seen the Battlefield Automation at Fort Hood of the conflict in Iraq. horrible consequences of ignoring geno- and after 3 years he retired from the It is a commonsense document. And cide. Even after unprecedented human- United States Army as a colonel. even now, in the backdrop of 198 bru- itarian efforts by Americans, the Ar- Mayor Calvert’s service to his com- tally killed in the marketplace, most menian genocide had become the ‘‘for- munity and his country did not end likely sustained by the false represen- gotten genocide,’’ and in 1939 Adolf Hit- after his retirement from the military. tation that there is now security in ler exclaimed to his generals to have He then served on different civic Baghdad, almost 200 persons died, which indicates, although our military no mercy by stating, and I quote, groups. He and his wife, Fran, chose strongly has defended its role and can ‘‘who, after all, speaks today of the an- Lampasas as their home and purchased claim a military success, we have a nihilation of the Armenians? a historic house to restore back to its failed foreign policy. And so I rise In 1994 world leaders witnessed the original structure. Along with his serv- today to proudly reaffirm my commit- Hutu leaders of Rwanda kill 800,000 ice, he and his wife, Fran, raised three ment to deadlines as relates to rede- Rwandans, and did nothing. Today we children: Charles Douglas, Lee Ann, ploying of our troops. sit idly by as militias massacre inno- and Mary. It may be that the military goes to cent citizens in Darfur; and, again, As mayor of Lampasas, he success- battle, but, in fact, a nation goes to world leaders do virtually nothing. fully guided the city and its councils war. We owe the brave men and women There are lessons to be learned by his- through many growth issues. Jack Cal- of the United States military, the Na- tory. Unfortunately, Turkey has under- vert is a true leader of leaders in the tional Guard, the Reserves, the Air Na- mined the intent of the U.N. exhibit to 11th Congressional District, and I am tional Guard, and all aspects of the help teach the lessons of genocide inac- proud to represent him here in the United States military, their families, tion. House of Representatives. the civilian force the obligation of a Turkey’s policy of denying the Arme- f true and thoughtful policy that will nian genocide gives cover to those who The SPEAKER pro tempore. Under a work. The conflict in Iraq does not perpetrate genocide everywhere. If the previous order of the House, the gentle- work. And the sadness is that even the cycle is to end, there must be account- woman from New York (Mrs. MCCAR- government, the coalition government ability for genocide. Genocide denial is THY) is recognized for 5 minutes. is falling apart. the last stage of genocide. (Mrs. MCCARTHY of New York ad- Some may argue, of course, that that Mr. Speaker, when will today’s world dressed the House. Her remarks will suggests that we should stay the leaders stop letting Turkey deny its appear hereafter in the Extensions of course; that we will look like we are past? It is bad enough for Turkey to Remarks.) bending to the enemy. Those of us who threaten and prosecute its own citizens understand the vastness of this crisis for discussing these crimes, but to f realize that we must never falter in our threaten to retaliate against countries ELECTION OF MEMBERS TO CER- war against terror. We must never let that acknowledge the Armenian geno- TAIN STANDING COMMITTEES OF al Qaeda win, but we cannot allow our cide is appalling and unacceptable. As THE HOUSE soldiers to be the targets of a sectarian a global community we must collec- war. tively stand for historical truth and Mr. LARSON of Connecticut. Mr. Now, this legislation does not in any recognize the worst humanitarian Speaker, by direction of the Demo- way tell the generals how to crimes that we have seen. cratic Caucus, I offer a privileged reso- logistically move their troops. What it lution (H. Res. 323) and ask for its im- f does do is give the policy commitment mediate consideration. to the timelines to bring our soldiers The SPEAKER pro tempore. Under a The Clerk read the resolution, as fol- home. previous order of the House, the gen- lows: It is clear that the military action tleman from North Carolina (Mr. H. RES. 323 has already been a success. And I com- JONES) is recognized for 5 minutes. Resolved, That the following named Mem- mend my colleagues to H.R. 930, my (Mr. JONES of North Carolina ad- bers be, and are hereby, elected to the fol- legislation, A Military Success Act of dressed the House. His remarks will ap- lowing standing committee of the House of 2007 and A Diplomatic Surge Act of pear hereafter in the Extensions of Re- Representatives: 2007. It is now time to declare a mili- marks.) COMMITTEE ON FOREIGN AFFAIRS.—Mr. Gene tary victory. Our soldiers have discov- Green of Texas (to rank immediately after f ered there are no weapons of mass de- Mr. Tanner), Mr. Crowley (to rank imme- struction. Saddam Hussein has been de- RECOGNIZING MAYOR JACK diately after Mr. Hinojosa). posed and been, if you will, displaced, CALVERT The resolution was agreed to. and we have a government in place. The SPEAKER pro tempore. Under a A motion to reconsider was laid on But none of that can be, now, held for previous order of the House, the gen- the table. a reason that the soldiers must stay in tleman from Texas (Mr. CONAWAY) is f place. recognized for 5 minutes. Logistically, the generals may decide Mr. CONAWAY. Mr. Speaker, I rise FAILED FOREIGN POLICY to redeploy these troops to the border, tonight in recognition of Jack Calvert The SPEAKER pro tempore. Under a redeploy them to Kuwait. We allow and for 16 years of service as the mayor of previous order of the House, the gentle- also defend the right of the United the city of Lampasas in the 11th Dis- woman from Texas (Ms. JACKSON-LEE) States military to give a logistical re- trict of Texas. is recognized for 5 minutes. sponse to our policy demand.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00111 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3674 CONGRESSIONAL RECORD — HOUSE April 19, 2007 This is a demand of the American state system. The cable-stayed bridge I lift up my head and rejoice, people. Sixty-nine percent of the Amer- will carry three lanes of traffic in each And I thank the great Giver for giv- ican people, now, today, believe that direction over the river extending from ing, we should leave Iraq. That is a gradual I–75 on the north end to Navarre Ave- The soul of my gladness a voice. increase. I believe that Americans are nue on the south end. The surface of I lift up my eyes to Apollo, patriots. They never cut and run. They the roadway will reach about 130 feet The god of the beautiful days will stand and defend their Nation. above the center of the river. And my spirit soars off like a swal- But we have an obligation, as Mem- As our Nation builds forward, brick low bers of Congress holding the purse by brick, steel rod by steel rod, cement And is lost in the light of its rays. strings, to never frivolously send our block by cement block, wood beam by Come out of the world—come above soldiers into battle. We have an obliga- wood beam, sometimes we forget the it— tion, as the emergency supplemental danger faced by the men and women Up over its crosses and graves, has done, to provide post-traumatic skilled in these trades as they craft our Though the green Earth is fair and I stress dollars, prosthetics, mental monuments to civilization. It takes a love it, health needs, improving Walter Reed, tragedy like this to give us pause and We must love it as masters, not helping military families, and, yes, say a silent prayer for all workers in slaves. helping children have universal access their daily arduous labor. Come up where the dust never rises— to health care. Andrew’s death is not the first trag- But only the perfume of flowers— We have a crisis in Iraq. It is a crisis edy to befall the workers on this new And your life shall be glad with sur- made by the continuing failed policies highway in the sky. On President’s prises of this administration. Day, 2004, a crane collapse on the Of beautiful hours. Wake up. We owe a moral commit- Maumee River Crossing Bridge led to Come up where the rare golden wine ment to the soldiers on the battlefield. the death of four iron workers. This is I am proud to have made that vote. I bridge to the future these men and Apollo distills in my sight, will make it again. And, frankly, I am women have been building is a monu- And your life shall be happy as mine concerned that when the olive branch ment and a testament to their work. is, of conciliation has been extended to In the RECORD entry I offered fol- And as full of delight.’’ this administration to come up with a lowing the death of those four iron f real resolution to solve this war, we workers on that fateful February day, I The SPEAKER pro tempore (Mr. get a blank check from them, or at noted the men and women building the MURPHY of Connecticut). Under a pre- least no response. bridge had been about great deeds. We vious order of the House, the gen- And so I ask my colleagues to stay watch their incredible feats daily with tleman from Texas (Mr. PAUL) is recog- the course on behalf of the American admiration and, yes, with awe. We wit- nized for 5 minutes. people and the patriots who are on the ness their minds, their muscles and (Mr. PAUL addressed the House. His front line of Iraq. We owe them our hands forming of the Earth a new and remarks will appear hereafter in the duty to provide for them the right kind better future for us all. Extensions of Remarks.) of road map. b 2100 f f On the hottest summer days, as well STATUS OF THE SIX FOR ’06 The SPEAKER pro tempore. Under a AGENDA: ZERO FOR SIX previous order of the House, the gen- as bone-chilling, subzero temperatures tleman from Texas (Mr. POE) is recog- of winter in the north, they toiled fear- The SPEAKER pro tempore. Under a nized for 5 minutes. lessly above us creating a majestic ex- previous order of the House, the gen- (Mr. POE addressed the House. His pression of who they were and who we tleman from Indiana (Mr. BURTON) is remarks will appear hereafter in the are as a people. recognized for 5 minutes. Extensions of Remarks.) We humbly acknowledge and publicly Mr. BURTON of Indiana. Mr. Speak- recognize them for their heroic, stead- er, the Democrat majority has been in f fast, and artful deeds as building control of this House now for about 4 IN RECOGNITION OF THE LIFE OF tradesmen. The men who lost their months, and they made a lot of com- ANDREW BURRIS lives leave not only their mastery of mitments to the American people dur- The SPEAKER pro tempore. Under a iron and concrete and steel and the cre- ing the campaign just passed. And I previous order of the House, the gentle- ation of beauty from it as their legacy, thought tonight I would give a report woman from Ohio (Ms. KAPTUR) is rec- but more importantly, they leave cher- on the success of their agenda. ognized for 5 minutes. ished lives and families. They had six bills that they said they Ms. KAPTUR. Mr. Speaker, tonight I The same is true of Andrew Burris. wanted to pass in the first 100 days or rise to commemorate the life of An- Though his life was cut short, he leaves first 100 hours to get moving, and I drew Burris, a professional carpenter a legacy in the bridge he helped create would like to go through those bills by trade, who gave his life today in To- and in all that his carpenter’s hands one at a time: ledo, Ohio, as he helped place the fin- produced. Emily Dickinson’s poem ‘‘In H.R. 1, the first bill they introduced, ishing touches on the largest Federal This Short Life’’ tells us: Implementing the 9/11 Commission transportation project in Ohio’s his- ‘‘In this short life Recommendations Act of 2007 is tory. Burris suffered fatal injury as he That lasts an hour stalled. worked to complete Interstate 280’s How much—how little—is The Fair Minimum Wage Act of 2007 new river crossing known as the Vet- Within our power.’’ is stalled. erans Glass City Skyway that spans And as we live our lives, all are af- The Stem Cell Research Enhance- the Maumee River, the largest river fected by tragedy, some small and ment Act of 2007, stalled. flowing into the Great Lakes. some great. It is the trials and trage- H.R. 4, the Medicare Prescription At approximately 9:15 this morning, dies of life which make us stronger and Drug Price Negotiation Act of 2007, 36-year-old Andrew W. Burris, of make the joys of life so much sweeter. stalled. Curtice, Ohio, fell to his death from a I know this lesson of life does not de- H.R. 5, the College Student Relief scaffolding on the north side of the crease the sadness and pain felt by all Act of 2007, stalled. bridge. He was a faithful and dedicated those who knew and loved Andrew And the CLEAN Energy Act of 2007, member of the Carpenters Union Local Burris. Our entire community offers its still stalled. 1138. As a carpenter for nearly 10 years, sympathy to those who called him fa- They have control of both Houses of his union brothers said Andrew loved ther, husband, son, brother, friend, col- the Congress, and these bills have not his work and was an excellent car- league. We celebrate him in recalling yet reached the President’s desk, al- penter. the words in ‘‘A Song of Life’’ by Ella though they pledged to get these The new skyway replaces the last Wheeler Wilcox: things done as quickly as possible after drawbridge left on our Nation’s inter- ‘‘In the rapture of life and of living, the election.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00112 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3675 They have passed only 17 bills into progress of the Democrats’ agenda, and vent tragedies like the tragedy at Vir- law. Ten of those bills named Federal I hope it is a lot better than this one ginia Tech from happening again. post offices and Federal buildings. has been. I know people say guns don’t kill None of the legislative impact on fight- f people, people kill people; that is true. ing the war against Islamic extremists, The SPEAKER pro tempore. Under a But guns in the hands of the wrong balancing the Federal budget, creating previous order of the House, the gen- people kill people. And I really think jobs, cutting pork barrel spending, or in all good conscience that we really tleman from Texas (Mr. CONAWAY) is saving Social Security have been ad- recognized for 5 minutes. need to reflect. And, again, my heart goes out to the dressed or passed. (Mr. CONAWAY addressed the House. They have passed a budget. And the families, the victims, and all the stu- His remarks will appear hereafter in budget that they passed assumes that dents at Virginia Tech. But as a coun- the Extensions of Remarks.) the President’s tax cuts, which we try, we need to come to grips with this passed early in the Bush administra- f problem. tion that led to our economic recovery THE HORRIFIC TRAGEDY AT VIR- f and low interest rates and low unem- GINIA TECH AND THE CALL FOR THE ACCOUNTABILITY CONGRESS: ployment and low inflation, they want SENSIBLE GUN CONTROL LEGIS- THE 110TH CONGRESS to do away with those tax cuts. And LATION that, in effect, will amount to a $392.5 The SPEAKER pro tempore. Under billion additional tax burden on the The SPEAKER pro tempore. Under a the Speaker’s announced policy of Jan- American people. previous order of the House, the gen- uary 18, 2007, the gentleman from Min- The Democrats’ budget also includes tleman from New York (Mr. ENGEL) is nesota (Mr. ELLISON) is recognized for an immediate $24 billion increase in recognized for 5 minutes. 60 minutes as the designee of the ma- nondefense, nonsecurity spending Mr. ENGEL. Mr. Speaker, the hor- jority leader. above the President’s request. This is rific events at Virginia Tech just a few Mr. ELLISON. Mr. Speaker, tonight I on top of the $23 billion of unrequested days ago cause all of us to reflect. My would like to welcome you, Mr. Speak- spending in the supplemental and $6 heart goes out to the victims, to the er, and the American people to the Ac- billion in the omnibus spending bill. victims’ families, to the people who countability Congress. Over the next 1 In addition, the Democrat budget in- were injured. This is something that is hour, my freshman colleagues and I cludes 12 reserve funds, promising more just a terrible tragedy, an unthinkable, will be claiming this hour to talk than $115 billion in higher spending, terrible tragedy. And as the father of about the accomplishments of this which, if offset as required by the three, including two in college, it real- 110th Congress. House rules, would almost surely mean ly makes one stop and pause. We have seen not only an auspicious another $115 billion in higher taxes. I say very, very respectfully, at a and bold, brave, new agenda for the This would be on top of the $392.5 bil- time of violence we need to reflect on first 100 hours, but also the first 100 lion in tax increases they have already this violence. And it certainly seems to days. And we are not just going to talk built into their revenue numbers. me that upon reflection, to say that about and celebrate the accomplish- The average taxpayer in Indiana, if this country needs to have sensible gun ments of the last 100 days. We are this budget were to pass, would be sad- control legislation, not legislation that going to talk about a vision for our dled with $2,729 in additional taxes and would take guns out of the hands of country and talk about what will hap- more than 2.3 million Hoosiers would people legitimately who have the right pen in the days to come. be affected just this year under the by the second amendment to own guns; It is important, Mr. Speaker, that Democrat budget. but how could a deranged young man the American people know that by get- Now, I want to talk a little bit about like the killer be able to just walk into ting a new majority in the Congress the Democrat Iraq supplemental. That a store and purchase any kind of guns that they have signed up to get a vi- was for the defense of this country and at will and then use them to mow down sion that is inclusive, that brings for supplementing our troops and giv- 32 or 33 people? Americans all together, that makes for ing them the equipment and the sup- It is all a matter of commonsense. a safer America, a fairer economy, that port that they need to fight the war in We get emotional about these issues, makes for an economy where working Iraq and to fight around the world in but I am really speaking from the people, middle-class people can strive places like the Balkans and in Afghani- heart. Commonsense says that we need and do well in our society. stan. The Democrat supplemental leg- to have sensible gun control legislation And joining me tonight with the islates defeat and funds favors at the so that criminals, people with mental members of the freshman class are a troops’ expense. illness, cannot just purchase guns at host of tremendously brave and tre- Let me just tell you what is in this will and as many as they want. mendously intelligent, capable leaders bill. It is supposed to be for our troops In my home city, New York City, our who are aiding not only in charting a and for the defense of the Nation. But mayor, Michael Bloomberg, has been new course for our country, but who in in that bill they have added $120 mil- leading a crusade for sensible gun con- this very 110th Congress, Mr. Speaker, lion for the shrimp industry, which has trol legislation, and I agree with him. are fully engaged from the very top. nothing to do with defense; $74 million And, again, it takes a tragedy of this The leadership has engaged our talents, to store peanuts, which has nothing to magnitude to kind of just sit and re- our skills, our ability, and we have do with defense; $25 million for growing flect and say, what are we doing or been proud to be able to help this 110th spinach, which has nothing to do with what are we not doing and why is it an Congress be a stronger, better place. defense; and $5 million for ‘‘aqua- infringement on anybody’s second And tonight I am going to be anchor- culture,’’ or to put it in a less fancy amendment rights to keep guns out of ing the one hour, but I am not going to term, it is tropical fish. Five million the hands of criminals, deranged peo- hang on to it long. I think the Amer- dollars for research on tropical fish. ple, and people who shouldn’t own ican people want to hear from the bril- These are things that shouldn’t be in them? liance that this 110th Congress class the defense supplemental, and yet my I think that this country really, real- has to offer. So in the very beginning, colleagues on the other side of the aisle ly needs to reflect on its policies re- I am just going to pass it right off to put them in that bill. garding guns. And, again, I support the Mr. HODES, who is the president of our I think the American people need to second amendment, and I think there class. know that while they made these com- are many, many legitimate reasons for I yield to Congressman HODES. mitments during the campaign, they people to own guns. But after the trag- Mr. HODES. Mr. Speaker, I thank my have not fulfilled those commitments. edy at Virginia Tech, I say it again: I colleague from Minnesota (Mr. And this is a report card on the first 4 believe more than ever that this coun- ELLISON) for yielding. months of their reign in this House. I try needs to adopt sensible gun control Mr. Speaker and distinguished col- will try to, in every 3- or 4-month pe- legislation. We need to use our com- leagues, I am glad to be with you to- riod, give another report on the monsense, and we need to try to pre- night to talk about where we have been

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00113 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3676 CONGRESSIONAL RECORD — HOUSE April 19, 2007 in the 110th Congress, where we are, no different than most people run their that was part of the foundation that and where we are going, because this small businesses or large businesses. It had to be laid in order to get these Congress really has changed the direc- is the simple point of money comes in, other things passed. tion of America. and you can’t spend more than is com- When you talk about economic jus- If you think back to where we were ing in. It is expenses versus revenues, tice, and I know we are going to talk over the past 6 years, this country was or cash flow. about this more this evening, I am very frustrated. Frustrated because of the I was very proud of that moment as pleased to be a member of the Budget squeeze on the middle class with fiscal one of the very first things that we did Committee. And the good news is we policies that weren’t working. They was to pass the PAYGO principle, and did recently pass a budget out of this weren’t working for the middle class that was something that was, in the body. The bad news is, when I got to and those trying to get into the middle past, the Congress always followed that the Budget Committee and I started class. They may have been working for principle, but most recently, in the last hearing things about what our fiscal those at the very, very tippy top of the number of years, it was thrown out. As condition was, it was as bad as we financial scale, but not for anybody a result of that, tax cuts, higher spend- feared it was from afar. But, again, be- else. A frustrated middle class and an ing, and tax cuts are wonderful, we all cause we have a new Congress and be- America which has come together be- want less taxes as long as there are cause we have change in this Congress, cause of a foreign policy which has corresponding spending cuts. Every- we were able to realign the resources made us weaker, which has ruined our thing has to balance. I just want to ref- that were there so that at least they reputation in the world, which has erence that because to me that was a met the needs and the priorities of our mired our brave soldiers in a civil war. great start. constituents and the American people They asked for change in November. I am very proud of the fact that ev- and the communities that they live in. And in the past 3 months we have de- erything we have passed since then, So I am very happy to be here with livered substantial change. So tonight every bill that we have taken up has a you to talk about all of these things we are going to talk about the Ac- component in it which says we cannot this evening, and I direct it back to countability Congress. We have add new expenses, we cannot build you, our leader, Mr. ELLISON. changed the Congress of the United more programs unless the money is in Mr. ELLISON. Thank you, Congress- States from a Rubber Stamp Congress the budget. I think that is a principle woman. that didn’t hold anybody accountable that needs to be there forever, for that Tonight, we are very lucky and fortu- for anything, but simply rubber matter; and I think that is the first nate to have somebody who can offer a stamped what the administration step in beginning this process of get- diagnosis and then give a prescription, wanted to do without question. ting our fiscal house in order. somebody who can look at our great So I am just going to highlight that Nation and say, what does this great b 2115 for a minute and turn it back over to Nation need to be healthier, to be They held no hearings, held no ac- Congressman ELLISON. stronger, to grow better and in a new countability over agencies, and we Mr. ELLISON. Thank you, Congress- direction, and what is the prescription. have replaced it with an accountability man. What is the advice that the good doctor Congress that holds the administration Mr. Speaker, we are also distin- would give to make America reach its accountable, that holds agencies ac- guished by having a leader in our Con- highest potential to become a more countable, and is accountable to the gress who comes to us as a labor law- perfect union? And to do that, I can’t American people for making real yer, as a community leader, and has think of anybody better qualified than progress. brought her very considerable talents our colleague, Congressman STEVE So I am very proud to be with you to- to this Congress. She has led this Con- KAGEN, who comes to us as a physician night. And I look forward to the next gress in many ways, including on the and a doctor of medicine, but now he is hour when we get to talk about what issues of trade and economic justice. Of sort of a doctor of politics and more or we’ve done, where we are and where course she is not limited to that, she less a doctor of making America a we’re going. knows a lot of stuff, but she has distin- prosperous and strong country. I yield back. guished herself in that way, and so I Doctor, what do you have for us to- Mr. ELLISON. Well, thank you, Con- just want to recognize at this time night? gressman HODES, from the great State Congresswoman BETTY SUTTON from Mr. KAGEN. Well, I thank you very of New Hampshire. Ohio. much for the kind introduction. And I Why don’t we kick it down south to Ms. SUTTON. Thank you very much, would say the diagnosis looks good. Florida to Congressman RON KLEIN, Mr. ELLISON. What a great leader you We’ve got a positive change and a new who has been distinguished in this Con- are, and we thank you for putting this direction for the country. We are head- gress for his leadership. hour together. ed in the right direction. Mr. KLEIN of Florida. Thank you I am happy to join with these other What have we done? We have brought very much, Congressman ELLISON. distinguished colleagues to speak to back fiscal responsibility, and we are It is a pleasure to be here once again the American people about the change socially progressive and responsible as with my freshman colleagues as we try that is upon us and the hope that is well. to do this every Thursday evening and growing. Now, listening this evening back in get together and speak about what’s We did hear from the voters loud and my hometown of Appleton, Wisconsin, going on in the last couple of weeks clear on November 7. And one of the is my mother. I won’t tell you how old and tell the American people and share things that they wanted was a Con- she is, but I will tell you she does need with them some of the good things that gress that is responsive to the prior- affordable prescription drug coverage. we’ve been working on. ities and needs that exist out there in In Wisconsin, we had this thing We ran in elections this past Novem- our communities. One of the things called SeniorCare. It was group pur- ber. And coming into the freshman that had been getting in the way of chasing, where we knocked down the class, we heard loud and clear from the getting that kind of legislation that cost of prescription drugs tremen- American public that it was very, very was truly responsive was the corrup- dously, saved the Federal tax dollars, important that we get this budget tion that unfortunately had flourished millions and millions of dollars. We under control. One of the first things in this body for quite some time. had affordable prescription drug cov- that we did, and I am very proud of it I also think it is important that we erage that has been terminated by this and Republicans joined with us on this point out the fact that on the day that administration. Now, my mother’s so it was a bipartisan effort, is we this Congress opened, we came right medications were about $310 off of passed the PAYGO principle. PAYGO is down on this floor and we changed the SeniorCare, and on it: $89. Same phar- about as simple as you can imagine; rules to put to an end some of the abu- macy, same pills, same manufacturers. it’s pay-as-you-go. It’s no different sive avenues that existed that resulted It proves this point: when you nego- than the way I run my personal family in policies that benefited the few at the tiate, you can get a better deal. When budget with my kids and my wife; it’s expense of the many. And, frankly, you have a larger purchasing pool or a

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00114 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3677 larger insurance pool, you can get that who are not interested in dogma, we we’ve restored fiscal responsibility better deal. are not interested in ideology. We are that was absent from the 6 years that So I think the diagnosis tonight is, interested in solving problems for the the Republicans were borrowing and it’s looking good; the future is looking American people. spending us into a black hole of a def- fine. I am glad that my colleague from That is why I am so proud to be a icit, we can start acting with a social Minnesota is here tonight to lead us in part of this Congress and this great conscience and help our college kids. that new direction. freshman class because I know that the So one of the things we have done, as Mr. ELLISON. Well, Dr. KAGEN, our American people are responding to this chart shows, is we passed a budget, colleague, it is an honor to have you what we have done already, and I know a Democratic budget that restores fis- here. that they are responsive to the great cal balance, it cuts the deficit, bal- We are going to go from the great agenda that we are going to be pur- ances the budget over 5 years. And State of Wisconsin down south to Ken- suing for the rest of this Congress. what it does for our kids in college is, tucky. Congressman YARMUTH has been Mr. ELLISON. Thank you, Congress- first, we propose an increase of the here; he has been offering tremendous man YARMUTH. maximum Pell Grant to at least $4,600, leadership. He looks ready with a It is time to get specific, my friends. significant increase. Our budget, the graphic there, but of course he may Let me just say specifically that in the Democratic budget, the responsible touch upon many issues tonight, all fo- first 100 hours alone, we made our very budget, the pay-as-you-go, balance-the- cusing on the fact that this 110th Con- first vote the implementation of the budget-in-5-years budget rejects all of gress has been a great start for the independent bipartisan 9/11 Commis- the President’s irresponsible proposed American people, and we want the sion’s national security recommenda- cuts to higher education, including American people to know what they tions. Second, we voted to increase the that he wants to eliminate the Perkins got for their vote. minimum wage for the first time in 10 loan program, Federal supplemental Congressman YARMUTH. years to give American workers an opportunities grants, and leveraging Mr. YARMUTH. I thank the distin- overdue pay raise. Third, we voted to education assistance partnerships. The guished gentleman. cut student loan interest rates in half. President’s budget actually wants to I want to say that all of us came Fourth, we voted to roll back multibil- take opportunities away from our kids back this week from our first extended lion dollar taxpayer subsidies for big going to college and families who are stay in our districts. And of course I oil and big coal companies, and we put trying to send their kids to college. We had to laugh when the President 3 that money toward renewable energy. have turned that around. We are going weeks ago said, Oh, the Congress ought Next, we expanded research and help to make it easier and more affordable to come back from vacation and get to for stem cell research. And then we for kids to go to college work on the supplemental bill, which voted to require Medicare to leverage Mr. ELLISON. Well, thank you, Con- we had already passed, of course. And I its substantial bargaining power to buy gressman. said, wait a minute, this is vacation? prescription drugs and pass the savings One of the things that we are trying All we’re doing is working 12, 13 hours on to people. And then we put the in- to do in this Congress and we are going a day in our districts communicating terests of all Americans ahead of the to do and we are on the track to do is with our constituents. special interests by passing a tough to make middle-class people have a And I think that from what I have congressional ethics reform, restoring real opportunity for a real future for gotten from talking with all of us the pay-as-you-go budgeting and re- their children, for their parents, for ev- among our colleagues is that when we stricting spending on earmarks. Those eryone. There is no doubting that were home, we found out what the are the specifics. Now we are going to doing things to strengthen the Amer- American people are saying about our elaborate. ican worker is part of that. track record so far. And just before we Congressman HODES, I would just One of the things we did was we came to the floor this evening, one of like to ask you a question: What did passed the Employee Free Choice Act, the Members from the opposing party this Congress do to help students and and we have made some firm strides on tried to minimize what we had done to stand up for the right to an afford- issues of trade to make sure that we over our past 100 or so days in office. able education so that every American don’t export jobs. And I thought it was amusing because can reach their highest potential? I am wondering, Congresswoman it was, oh, well, they haven’t enacted Mr. HODES. I am glad you asked. Be- SUTTON, if you wouldn’t give the Amer- anything. Of course this Congress cause in the campaign, as we went ican people a word about these impor- acted. It acted very expeditiously to around, we all heard about the squeeze tant issues. raise the minimum wage for our low- that our families were in all over this Ms. SUTTON. Thank you, Congress- wage earners, to cut the interest rate country, complaining about the cost of man ELLISON; I certainly will. The Employee Free Choice Act was a for our students in college who have higher education and the difficulty great accomplishment by this Con- loans outstanding; and, as Dr. KAGEN they were having in paying for the gress, a bill that will make it easier for said, to take action to reduce the cost loans that folks have to take out in workers out there, the people who of prescription drugs, and so forth and order to pay for an education. Of make this world turn. so on. course in order to be competitive in a I stand here in front of you as the When I was home, I met with people global economy, we need more kids daughter of a man who worked in a from the health care industry, and I going to college, we need more oppor- boilermaker factory his whole life. met inside the health care facilities tunities for more people in this coun- and I met with people from our edu- try. b 2130 cational institutions. We had a forum In my home State of New Hampshire, The sister of a steelworker. The sis- of higher education, and everybody was we actually carry the highest debt-per- ter of a teacher. The aunt of a food and so grateful not just that we had taken student in terms of student loans of commercial worker. And these are the the action that we did, but we were fi- any State in the country. So it has people that make the world turn. nally dealing with problems that have been really important at home in New Yet we hear often that people are not faced these various segments of society Hampshire and around the country for in unions, that union membership is and had been unaddressed for the last 6 this Democratic Congress and the new down. Well, it is not because they don’t years. majority to take action. want to be in unions, because we know So what I sensed when I was home in Now, Mr. ELLISON already talked that being a member of a union and my district, and I know many of you about one of the things that was done having the right to bargain collec- and our other colleagues have sensed it in terms of making college more af- tively for fair wages and family-sus- as well, is that there is a new sense of fordable by voting to cut student loan taining benefits is something that peo- optimism, there is a new sense of hope, interest rates in half. We’ve talked ple do desire and does result in exactly and there is a spirit that we can deal about what we have done to restore that, a fairer wage and benefits. with the serious problems that we face pay-as-you-go rules, because once Frankly, it works for business as in this country because we have people you’ve got fiscal responsibility, once well, and there are many examples out

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00115 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3678 CONGRESSIONAL RECORD — HOUSE April 19, 2007 there where employers and employees you see, when I was at West Point, I When I get letters from people in work. But, unfortunately, part of the taught constitutional law and I taught Bucks County, Pennsylvania, or north- big reason why union membership is about what this country was all about, east Philadelphia, and they say, thank down is because it is very dangerous and it was that we have three coequal God we have a Congressman that is and sometimes results in the loss of a branches of government. going to stand up for us, for our vet- job if you engage in trying to organize See, we did not believe in the theory erans, thank God that they are speak- workers into a union so that they can of King George, one person being infal- ing truth to power, that is what is bargain collectively. lible, running a country. That is why going on. There is a movement, and it So this Congress, noting that, noting we had the American Revolution. Our is a movement again to believe in the need to end the potential for har- democracy evolved over 200 years to America, a movement again to say, lis- assment for those who would just sim- now, today, where we have leaders ten, we understand there are coequal ply seek to organize and have their from both parties willing to stand up branches of the government. We under- voice heard collectively, passed the and say, enough is enough. Mr. Presi- stand what the Congress is trying to Employee Free Choice Act which will dent, we will not continue to give you do. We understand they are trying to enable workers to just simply, if there a blank check while the Iraqis still sit do what is right. is a majority of them who want to join on the sidelines. We will not sit there And it is not about partisan politics. a union, then they can sign a card and and say everything is okay when we It is not about Bush Republicans versus join a union. So it is going to truly be understand what the truth is on the Democrats. It is not about that. an effective tool in lifting up America’s ground in Iraq. I joke. My wife Jenni is at home. I workers and the middle class. When I was there in 2003, I remember just talked to her on the phone. My 4- I turn it back over to you, Mr. when it was August. I remember hav- month-old Maggie just laughed for the ing the combat gear on. I remember ELLISON. first time today. It puts it all in per- Mr. ELLISON. Thank you, Congress- riding up and down in what is called spective. woman. Ambush Alley in 138-degree heat and But my wife was a lifelong Repub- Now we are really honored to have wondering when that next roadside lican. She still considers herself a Re- one of our great leaders in our class, bomb might go off, scouting it out, publican. She said to me when we first looking, always being vigilant to make Mr. PATRICK MURPHY, who is a distin- met, and she gave me a hard time for guished veteran of our Armed Forces, sure the men I was leading down that being a Democrat, she said, you know, who I believe is the only combat vet- path were safe. Patrick, I will support you, and I will Now, what this 110th Congress has eran of the Iraq conflict, to tell some support you for one reason and one rea- stood up to do and why I am so proud very, very heart-rending and very clear son only, besides the fact that I am in of the freshman class for doing is, when stories, which are true, about the love with you. She said, I was a YAFer. we had the emergency supplemental, meaning of our Nation’s effort for a That is called a Young American for the Iraq supplemental, we said, we will just, safe, but orderly withdrawal from Freedom; it is a conservative wing of give you, Mr. President, every single the Republican Party. She said, the Re- this conflict. dime, every single penny that you ask I would like to switch it over to Con- publican Party left me; I did not leave for to support the troops, but there is a gressman MURPHY for a moment from the Republican Party. policy attached. So when I talk about what we have the great state of Pennsylvania. No longer is there an open-ended Mr. PATRICK J. MURPHY of Penn- done, what we have accomplished in commitment. No longer is there the supplemental bill against all odds, sylvania. Thanks, Congressman. I ap- unaccountability. This is a different preciate it. Thank you to the gen- because we remember, we were through Congress. This is the 110th Congress. this when we were voting for this, we tleman from Minnesota, and to the This is a Congress that will stand gentleman from Connecticut, my col- understood when they said, why are strong, stand together, even though we you wasting your time trying to pass league, the other Congressman MURPHY know the political attacks are going to this emergency supplemental, putting up there. come, even though we know it takes a timeline on Iraq? Why would you do Today is an important day in our personal courage, and even though country’s history. We are the new Con- that? You know it is not going to pass. they are going to try and distort what I was there and talking to the press, gress, the 110th Congress, and we came we are actually going to try to do. And and I said, I will give every cent, every together from all over the country to what we are trying to do is to hold the fiber of my being, to talk to my col- really change the direction of our Iraqi people accountable, now, over 4 leagues together, all of us as one, and country. years later. say how important it is to pass this. I am so proud that I wore the Army At 6:12 a.m. this morning, I got an e- Then when we passed it against all uniform for the first time in 1993, fol- mail from Iraq. It was from a former the odds, when they told us it wasn’t lowing in the footsteps of my father cadet that I got to know who lost his going to happen, and we passed it, then and my uncle and my grandfather and brother on 9/11. He said to me, Sir, this they said, well, why did you do that? my brother, who serves in the Air is the first time I have ever written The Senate is never going to pass it. Force, that we served with pride and you, but he said, I want you to know The Senate responded and the Senate gave it our best. there are legions, legions of junior offi- took our bill, and now it is in con- When I was asked to join the faculty cers, now company commanders, in ference and they passed it, also a sup- at West Point, when I taught there, we Iraq and in Afghanistan and all over plemental bill with a timeline. took pride in ourselves in saying we this country that are watching you, That is why it is so important that are developing leaders of character for that are watching this 110th Congress, all of us do not lose hope, all of us con- a lifetime of service. Yes, we were and that you are saying thank God tinue to stand up and speak truth to making military officers. Yes, they someone is standing up and speaking power, all of us stand up and say, no were tacticians on the law and the pro- truth to power. He said, I would never longer are we just going to have an fession of arms, but they were leaders think that 5 years after my brother open-ended commitment in Iraq. of character. They stood up for the was murdered at the World Trade Cen- Because when you look at the full truth. They stood up for justice. ter on 9/11/2001 that I would stand up spectrum, some people say, bring all When our Nation was attacked on 9/11 against the foreign policy of the United the troops home tomorrow; we don’t of 2001, many of us who were called to States of America when it comes to care, just bring them all home tomor- serve deployed for our country. And I Iraq. I want you to know that I am row. Others say, it is the President, he am proud that I deployed twice, first to keeping you in my prayers, and if there is infallible; you can’t ask any tough Bosnia and then to Baghdad, Iraq, as a is anything, anything I can do to help questions, you can’t give him a member of the 82nd Airborne Division. your cause, to put our country back on timeline. You can’t demand account- So, within the first 100 days of this the right track, I am there. ability from the Iraqis, who are still Congress, as you mentioned, when we That is what is happening with all sitting on the sidelines 4 years later. took the steps to say we are going to these Congresspersons here in Wash- But this 110th Congress, made up of be coequal branches of government, ington. all races, of all sexes, of all parties,

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00116 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3679 came together and we said, this is a That is exactly what our supple- gripping. This is really a very thorough moderate approach, this is an approach mental did and what we will do when analysis of what we need to do. that will change the direction in Iraq. we vote on it after it comes back from Unfortunately, it was a number of When we look at how almost every day conference in just a few days. years that passed. Some things were hundreds of people are dying there, and With that, I would now take it back adopted from that plan, but many were we said to the Iraqi people that we will probably to the gentleman from Min- not. And I don’t think it was anybody support you, but we will not sit idly by. nesota, Mr. ELLISON. Thank you. questioning the fact that this was a We will not stand idly by and watch Mr. ELLISON. Mr. Speaker, we are priority, but it wasn’t passed. Many of you continue to sit on the sidelines, not allowed to clap during these the items weren’t passed. when our troops, our men and women things, but I wish we were, because So one of the things that we said in who wear the military uniform of our that was amazing, and I really thank our campaigns and we took up right country, continue to lead the efforts you for that. away, and we are still obviously wait- there when, now, it is 4 years later and At this time, I do want to ask Mr. ing for the process in Washington to be it is imperative that they stand up for KLEIN to sort of pick up a little bit finished, but the House quickly took up their country. where Congressman MURPHY left off. the rest of the 9/11 Commission report Because if we remember when it was What did this Congress do to make and passed it. And I just want to high- the American Revolution, it was Amer- America safer? Could you share that light a few key elements. ica’s revolution; it was the Americans with us? We know that there were problems standing up. When it was the American Mr. KLEIN of Florida. Sure. I lis- with aviation security. Those ele- Civil War, it was the Americans fight- tened to Congressman MURPHY, and I ments, those recommendations have ing each other. listened to veterans in my home dis- been adopted. We know that there were So that is why all of us in good con- trict of Broward and Palm Beach Coun- port problems and port security issues. science cannot stand here while our ties, and whether it was World War II, Most containers that come in, substan- brave young men and women serve in the Korean War or the most recent tially most of the containers that come places like Iraq and referee a religious conflicts we are involved in, these are into our ports are not inspected. I come civil war. That is not what they were brave men and women that put their from southeast Florida. We have Port supposed to do. That is not in the na- lives on the line, and they deserve to be of Palm Beach and Port Everglades. tional interests of the United States of supported, both on the ground and Port Everglades is a main oil terminal America. That will not keep our fami- when they come home. among cargo and container in great lies safe. bulk. Tremendous risk if you happen to When we all vote, when we all take I thank you for your service, and I be anywhere near those areas and these so important and these crucial certainly thank your colleagues over in something, God forbid, comes in in the votes and these timely votes and these Iraq and the men and women that are form of nuclear materials or biohaz- historic votes, when we vote for our fighting and protecting our freedoms ardous materials or anything else that families and for our constituents, we all over the world. comes into those ports. And this is all think about how is it going to affect b 2145 over the United States. Ownership of our children and our children’s chil- You know, when I think about Sep- the ports. We all know about the Dubai dren. How is it going to affect my tember 11, which was a dark day for Port issue. That has been straightened daughter, Maggie Murphy, when she our country, and what happened in our out through our legislation. reads in the history books what we country with the failures that allowed Certainly the idea of preventing ter- have done? How is it going to affect these terrorists to attack us, and the rorists from even getting into this who we call Joe, that GI Joe, that sol- deaths, the needless deaths that oc- country, visa changes, rules changes, dier on the ground in the 138-degree curred in our major cities, it was an all these things are so important. And heat in Baghdad, those members of the awakening for this country. But it was not to mention the people that are on 82nd Airborne Division that I so proud- also a time when we had an oppor- the ground fighting for us every day, ly served with that are now back over tunity to really take stock of where our firefighters, our emergency re- there on their third deployment? our shortcomings were. Where were the When I was there weeks ago, and I sponders, our police officers. Every one intelligence failures? Where were the know some of my colleagues here were of us feels very strongly about them. communication failures? Where were also just recently there, I talked to And as we grew up and you wanted to these guys. I talked to the guys I the vulnerabilities in our airports and be a fireman or you wanted to be a po- served with. I talked to the guys, Ser- our seaports and all these other places liceman, not everybody chose that pro- geant Juan Santiago, who left his wife where people came in from other coun- fession, but, boy, on September 11 did and two kids at home, is now in his tries to harm us and kill our people in we as Americans have a newfound re- third deployment in Iraq. I broke bread this country? spect for what they did for us. with him over there. And there was a man named Osama But what we needed to do that wasn’t I said to him when I was in Baghdad, bin Laden who is still out there. Hard done was to give them the tools, the he used to be Private Santiago, now he to believe today. When you think about communications tools like they needed is Sergeant Santiago, and his nick- what our number one strategy should in New York and other places so they name is Santi. I had lunch with him. I have been was to find the perpetrator can make sure that they can commu- said, ‘‘Santi, what is going on?’’ And he and the perpetrators of this terrible, nicate with each other, and that local said, ‘‘Sir, it is like Groundhog Day, terrible tragedy, and he is still out and State and National Federal intel- but 4 years later. They are still sitting there today. That needs to be rectified. ligence agencies can properly share on the sidelines. We are still doing ev- But beyond that, I think we all rec- that information. These things have erything for them. I don’t know what it ognize things that came together after now been passed by the House of Rep- is going to take to get them to come that; and there was this 9/11 Commis- resentatives, and it was one of the first off the sidelines.’’ sion report, which was probably one of things we did. And that is the right What it is going to take is the polit- the most prestigious, important, quali- thing to do. And whatever it costs, that ical pressure so we are clear and we act fied incredible groups that came to- should be at the top of our budget. Peo- as one; that we tell the Iraqis that the gether, Democrats, Republicans, pro- ple say, well, it is expensive. You know 110th Congress is different; that the fessionals which said, let’s figure this something? You prioritize. You say, spirit of America is there and we love out. This isn’t a Democrat/Republican what is first? Homeland security, pro- you, but we cannot hold your hand. issue; it is an American issue, and protecting our troops, making sure they You need to stand up finally for your tecting our territory, our homes, our are properly funded. And I know that country. You need to stand up and se- streets. And they came up with this 9/ Congressman YARMUTH is going to talk cure your neighborhoods, secure your 11 report. Which, if you haven’t had a about the incredible great work we street corners. You need to be the ones chance to take a look at it, it is not have done for our veterans. that are leading those convoys up and just reading you read before you go to These are the things that are our Na- down Ambush Ally, not our troops. bed and it will put you to sleep. This is tion’s priorities. These are American

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So I just wanted are wounded, who are seriously wound- night, but their voice is being heard. to share those elements with you. ed. As we have seen in Walter Reed, we The other difference is judgment. I Mr. ELLISON. Congressman KLEIN, I weren’t taking care of them ade- believe it was poor judgment that took want to thank you for those excellent quately, we weren’t responding to our us into Iraq. It was poor judgment in observations. The American people commitment to them, our moral obli- the administration that prevents our need to know that this 110th Congress gation to them; so we added $1.7 billion people from having affordable prescrip- takes their security and their safety more in this supplemental to take care tion drugs and affordable insurance. very seriously. We are not going to of our veterans, to take care of our One of the biggest comedies here in mess around. We believe that the peo- wounded warriors. America is the 47 million people who do ple have a right to be safe. In fact, one We understand what supporting our not have any health insurance at all. of the first obligations of government troops means, not just when they are And what they haven’t figured out is is to make the people safe and secure under fire when they are in the battle- they are paying for everybody’s health in their homes. field, but also when they come home costs because they get to pay the real So you already correctly, Congress- after they made that sacrifice. We have bill, the top-dollar bill. They don’t get man KLEIN, talked about our veterans, a commitment to them. We have real- a discount at all. So we have to change and I think it is probably a good idea ized that; we have responded. And I things in America and move where we to talk about what we are doing for our think that the American people can be can afford the prescription drugs, veterans. It is one thing to say, support confident that our veterans are being where we can afford to have insurance the troops; but we have got to talk well taken care of by the 110th Con- coverage for everyone. about really supporting the troops. gress and by subsequent Congresses, But this 110th Congress, when you Congressman YARMUTH, can you give too. talk, Congressman ELLISON, about se- us a word on that? Mr. ELLISON. Thank you, Congress- curity, we also passed a bill, H.R. 327, Mr. YARMUTH. I thank the gen- man YARMUTH. to help prevent suicide in veterans. tleman from Minnesota. And I would I want to keep the theme of national Now, in my district that will help 64,000 also like to echo my great respect and security going for a moment, because veterans in northeast Wisconsin alone. admiration for our colleague from the health of our people is also a na- We also enacted the 9/11 Commission Pennsylvania who has spoken so elo- tional security issue. And, again, as we on Homeland Security recommenda- quently on various occasions about the talked about in the very beginning and tions, H.R. 1. That will help 245 police costs being paid and the sacrifices when we were introducing our fresh- and fire departments throughout my being made by our great men and men who are here tonight, Congress- district. women overseas, and how much that man KAGEN did speak eloquently about We also passed a bill, H.R. 4, that means to them. And I think this Con- the importance of making sure that would require the Secretary of Health gress has responded to those sym- our seniors have safe and affordable to negotiate for lower prices for our pathies and those emotions in what we medications. seniors for their prescription drugs. In have done to actually support our men Congressman KAGEN, can you give us my district alone, that helps 68,000 sen- and women, our veterans, our wounded a word about the importance of keep- ior citizens, if only the Senate would warriors who have come back from ing the health and welfare of our peo- put that language in and if only the these very troublesome spots in the ple strong? HHS Secretary would be so kind as to world. And we have done it with more Mr. KAGEN. I don’t have to remind use his buying group to negotiate for than words, and that is what is impor- anyone here that if you don’t have lower drugs. tant. your health, you don’t have anything. I think you can look for positive In the continuing resolution, as we If you do serve in harm’s way, if you movement from the 110th Congress. We all know, the prior Congress did not are brave and honorable and serve, as are not afraid to back down from any pass many of the appropriations bills. many thousands and thousands have interest that harms those that we They left it up to us to try and fund done. From my district in northeast serve. most of the government, and we re- Wisconsin, 20,034 brave Americans, men Mr. ELLISON. Thank you, Dr. sponded in the best way possible: we and women, served in both Iraq and Af- KAGEN, our fellow Congressman who we passed a continuing resolution. But we ghanistan. And when we passed the are so proud of. didn’t just pass a sustaining fund be- supplemental bill we voted to support And I think it is now a good time, my cause we recognized that we needed to our troops before, during, and, very im- colleagues, we have gone over what we embellish those funds to take care of portantly, after being in harm’s way. have done. There is much, much more. our veterans and the increased costs We stood up to our responsibility. They We can’t go over everything because we that are being incurred by this war we covered our back. Now it is time we have just been that busy. But it is time are fighting in Iraq and Afghanistan. should cover theirs. to talk about a direction. We have got So what did we do? It is not just the veterans that need to write the vision and then pursue it. On January 31 when we passed the help. Our senior citizens, they can’t af- And I want to ask you, Congressman continuing resolution, we added $3.6 ford their prescription drugs. I came to HODES from the great State of New billion to take care of veterans health Congress because one time in three Hampshire, to talk about where we are care. $3.6 billion. We recognized not when I would write a prescription in going. We can’t just rest on our laurels, only our moral obligation to our vet- my practice, my patients could not af- though we have done pretty good so erans but also the promise that we ford the medication. It wouldn’t be on far. We need to talk about where we made to them. This government, the the list, their insurance company are heading. people of this country made a promise wouldn’t cover it, and they went with- Mr. HODES. I thank you, Mr. to those people who volunteered to out. And today in America, people lis- ELLISON. You know, I couldn’t help fight for their country that we would tening here tonight are asking this when I was listening to PATRICK MUR- take care of them after they left the Congress, the 110th, to stand up to the PHY, a brave veteran who served his service, we would take care of their drug companies and to the health in- country and came to Congress and is health care. This Congress recognized surance companies and get the job serving again, continuing his service, and realized and responded to that done. to think about how touched I was when commitment that we had made to I think if I stand back a little bit and he talked about his new baby. Because, them. Unlike prior Congresses, we in- give a bigger picture to what is going really, what we are talking about here creased funding by $3.6 billion. on in the 110th Congress, take a look at is a vision for this country and a vision

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00118 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3681 for the world that is going to take us the American people and faces the re- ensure that we are defending our coun- on into the 21st century, because we ality of the mess that he has made and try is making sure that we are not con- face challenging new times. Things changes direction is so that we can re- tinually dependent on importing oil have changed in this country, and the build our military to make sure that from countries that are not reliable American people know it. And in many we can face the conflicts of the future. partners, and whether that is Middle ways they are far ahead of the politi- We are going to demand account- East countries or Venezuela or any cians, they are far ahead of many of us. ability, and we are going to end the other country if you have been fol- They understand that things have rubber-stamp approach to congres- lowing around the world where we are changed in this country. sional oversight of the war in Iraq and daily bringing in 60 percent of our oil The conflicts we face are different we have started to do that. We are in the form of imports, that is a dan- kinds of conflicts. It is no longer na- going to continue to do that. We are gerous prospect and a dangerous pol- tion against nation. We face threats going to fight the war on terrorism, icy. from a shadowy network of people, ter- and we are going to hold our own gov- So what we can do about it? We can rorists who would do us harm. And we ernment accountable for failed poli- focus, just like in the past, the atten- have to be strong to be able to fight cies. We are going to respond to the tion of the American people, our sci- terrorism. American people who want a new direc- entists, our public sector, our private But what does being strong mean in tion, and we are going to deliver on entrepreneurs, our people that have the 21st century? The American people homeland security. great vision and say, what can we do to have demanded a new direction. They That is the first way. That is the make ourselves energy independent? Is have demanded a new way to defend first thing on our agenda. It is a new it solar, is it wind, is it wave, is it ther- our country. They want us to fight ter- vision of what it means to be strong. It mal, is it any combination of science rorism, and we intend to fight ter- is a new vision of what it means to de- that can go along with this? rorism; but we intend to do it with a fend our country. We put a man on the moon when said greater focus on those who attacked us We can have all the military might John F. Kennedy said, we are going to on 9/11, with a greater focus on home- in the world and we do. We spend more fight against the Sputnik, that little land security, on making sure that we in our budget than all the rest of the can that went up into space. We cre- are keeping nuclear weapons out of the world combined spends on defense, and ated the Manhattan project, that we hands of terrorists. Perhaps the great- I ask, you has it made us safer? Have knew it was a matter of our national est threat we face, which went by the the policies of this administration security to make sure that we developed a nuclear weapon, it was an atom- boards because of this administration’s made us safer? The answer is no. ic weapon at that time, to make sure preoccupation with fighting the wrong We see there has got to be a new di- that we would end World War II suc- war in Iraq which has diverted us from rection. We see there has got to be a cessfully. That was a commitment that really focusing on the concentrated ef- new vision, and that is what Democrats Americans, with our ingenuity and our fort we need from law enforcement, are bringing to this 110th Congress science, put that all together. from intelligence, from military, from when it comes to defending our country and keeping us strong. There is a Well, I do not think there is anybody diplomacy, from the soft power that who is listening tonight does not be- new definition of national security, and America, has been extending our cul- lieve that Americans, if they put their tural ideals and principles out into the that is what we are all about. Mr. ELLISON. I thank Congressman nose to the grindstone and we make world to show people that we are not our commitments as consumers, as sci- HODES. Let me now just ask Congress- merely going to bully people with entists, as public and private people, man KLEIN, what about our energy fu- weapons, but we are also going to stand that we cannot accomplish that same ture? What are we going to do into the on our ideals and principles. goal. It is a matter of national secu- next decade? We have seen all kinds of So defending our country and staying rity. It is a matter of our environment. challenges with global climate change. strong means making sure that we You already mentioned this, global We do not want to be depending upon have a responsible strategy to dis- warming, and the science, the carbon unstable regimes around the world. engage from Iraq so we can deal with dioxide and all those things, and it is How can Americans trust that this Afghanistan, and Pakistan, where also a matter of a new economy. Osama bin Laden is still hiding out, 110th Congress, this Democratic-led We think about jobs for the next gen- still directing al Qaeda; so that we can Congress, actually makes sure that we eration, the science, that we can lead do what we need to do to go back and ensure our energy future. the world and export our technology finish the job that this administration Mr. KLEIN of Florida. Well, that is and be successful. left unfinished. That is what defending an interesting question, and I think we A new energy policy is the calling of our country means, because this war in should look back the last few years. our generation, and I hope and I be- Iraq, as everybody in this country is The President in his State of the lieve, based on the freshman class, by seeing, has left us weaker. It has Union address about a year ago cor- the way, the freshman class of Demo- caused more terrorism, more death, rectly said we are addicted to oil. I crats and Republicans coming in and more disdain for the United States. think everybody understood what he listening very closely to the public, I meant by that, and yet Congress, a b 2200 think there is a great opportunity for number of months later, passed an en- us to all work together and change it I am sorry for that. We want to see ergy bill which gave billions of dollars from just an energy policy that is de- us return to the place in the world to energy companies and subsidized pendent on oil to one that will really where people care about us because of more oil drilling. improve our environment, create new our values and our principles, and that Now, oil will always be a part of the jobs and really protect us in this next is one of the most important things energy policy of the United States, but century. that we are going to do in this 110th this notion that oil is our way out, to Mr. ELLISON. I thank the Congress- Congress. me, is just ridiculous. This is inter- man. Now in the last five minutes of We are going to improve our military esting because when I have been speak- our evening tonight, I want to just readiness by making sure that we are ing at schools back home, and I am throw it over to Congressman KAGEN going to rebuild a 21st century force, sure you have been doing the same again who really is very versatile, can capable of projecting power and our thing, and I want to talk to our young speak on any issue, but I want to ask ideals to protect our country and our population, our students, as well as our you if you would to simply comment interests, and that means new think- adults. on care for our children and our fami- ing. It means new thinking about how The calling of this generation is to lies. we deal with the conflicts we are in, move toward making this country en- We have seen over these last several how we deal with the conflicts in the ergy independent. It goes right directly years children and families really face future. to what Representative HODES was some difficult times. We need to It means part of the reason that we talking about, defend our country. The project a greater vision for our chil- hope the President takes his cue from number one thing that we should do to dren and families. Can you speak to

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00119 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3682 CONGRESSIONAL RECORD — HOUSE April 19, 2007 what the people can expect in this Con- stored accountability, and we are going portant thing, we want to bring ac- gress for our children and our families. to keep on restoring accountability be- countability back to America. Mr. KAGEN. Well, I would say, first cause in this 21st century we are in a So tonight we are going to start off, of all, thanks to Congressman KLEIN global economy. and we have got an interesting fresh- for pointing the way forward about be- The Democrats and the new majority man class. We have got people from all coming an energy independent Nation. here in Congress are committed to walks of life. This is a microcosm of so- In a bipartisan statement, I will tell growing our economy in a way that ciety, just much like America is. So you Republicans can grow corn just as really spreads opportunities to every- our first speaker is going to be the good as the Democrats, but we cannot body. It means fair trade policies that president of the Republican class. He grow our way out of this energy crisis. incorporate fair environmental and comes from Idaho. He served in the leg- It will take technology and innovation labor standards so that every American islature. From Boise, Idaho, we have to get off of dependence on foreign worker can operate on the same play- Mr. BILL SALI. sources of oil. ing field. Mr. SALI. Mr. Speaker, I thank Con- But our families and our children are We are going to grow the economy. gressman MCCARTHY. I appreciate the really at risk of this new economy that We are going to invest in research and opportunity to give this report on this we have. We really have to get back to development. We are going to make first quarter. I think it is very apt for the basics in America. sure that we are moving this country us to let the folks back home know ex- It is really amazing that it is the forward. actly what is going on from a Repub- Democrats that are the fiscally respon- So it has been a great time to be with lican perspective. sible party here when you think about you tonight. In the first quarter of the new Con- it. Think about the old laborers. We Mr. ELLISON. I go to Congressman gress, the new Democrat majority has are the fiscally responsible party. We KLEIN for a few final words. made its priorities clear by acting to do not believe in borrow and spend. So Mr. KLEIN of Florida. Mr. Speaker, I impose higher taxes, more government there are four deficits in America that thank you for being here tonight. It spending and by attacking key aspects I will point out tonight to you and has been a pleasure to be with this of the Idaho way of life. have you respond to. freshman class, I look forward to con- In the last 3 months, the majority The first deficit is a savings deficit. tinuing to work on all these items and has acted to impose the largest tax in- Our families are not saving any money. more, and look forward to working crease in more than a decade. In fact, For the first time since the Great De- with our people back home and making within the first month of Congress this pression, 1933, we had a negative sav- sure we are listening to their ideas, as new majority passed H.R. 6, a bill to in- ings rate last year. we have been, and just continuing to crease by $7.7 billion over a 10-year pe- Second deficit we had is a budget def- move our country forward. riod, an increase that will effectively icit. Last year, our budget deficit was Mr. ELLISON. Congressman KAGEN. affect the price of gas at the pump and over $250 billion, and if you throw in Mr. KAGEN. You can look forward to further our addiction on foreign oil. the $175 billion that we credited from good judgment from the 110th Congress Instead of higher taxes and continued Social Security, it is over $400 billion on both sides of the aisle. We have got increasing reliance on foreign oil, my on every citizen’s head. Every working a great leader, Madam Speaker NANCY constituents need lower fuel prices, but man and woman has a Federal deficit PELOSI, who has a steel spine, and she in the first three months in Congress, of $425,000. will keep us on this path of fiscal re- this new majority has done nothing to The third deficit is our balance of sponsibility and being socially respon- lower fuel prices but to the contrary trade deficit. China has an advantage sible. has acted to actually increase the price on us or, shall I say, Communist China Mr. ELLISON. Mr. Speaker, we are of gas. where their government will invest il- going to wrap it up right now. In the same 3 months, the new major- legally in corporations, and that puts I want you to know that this class of ity has passed a budget that includes every manufacturer in this country at 2006, this 110th Congress, is pointing almost $400 billion in increased Federal a competitive disadvantage by 30 per- the way forward for a better America spending, a budget that failed to ad- cent right out of the box. today, tomorrow and in the future. dress the explosive growth in entitle- The fourth deficit we had until last Thank you all very much. ment spending, spending that will con- November was a deficit of leadership, f sume over 60 percent of the Federal leadership that would stand up, put budget in 15 years. their foot down and say there is a bet- A QUARTERLY REPORT CARD The Democratic majority has focused ter way of doing things. The SPEAKER pro tempore (Mr. in the Natural Resources Committee I think you will find our Class of 2006 PATRICK J. MURPHY of Pennsylvania). on what they call the evolving West. will work together with all parties to Under the Speaker’s announced policy Those of us who are actually from the fashion a better future forward. By of January 18, 2007, the gentleman from West are calling it the war on the working together, we will build a bet- California (Mr. MCCARTHY) is recog- West. The majority has had countless ter future and a better Nation for ev- nized for 60 minutes as the designee of hearings primarily to paint an inac- eryone and every man, woman and the minority leader. curate picture of the West and its child in this country. Mr. MCCARTHY of California. Mr. issues. Mr. ELLISON. That is right. Let me Speaker, tonight we are going to open The reform of Federal forest land say these last remaining moments, just something new. If you are like in my management policies should be their go around quickly, say good night to house, every 3 months if you have kids focus in these hearings. We have for- the folks, and those deficits, we are in school, in my house it is Connor and ests that are overgrown and are fire going to be filling quite quickly. I just Megan, they just got their report card, hazards to our communities. We lack want to throw it to Congressman and that is what tonight is about, a access to our lands, and we are under HODES as we begin to wrap up tonight. quarterly report, what has gone on in constant attack from radical environ- Mr. HODES. I appreciate the oppor- this 110th Congress. mentalists. We need better forest man- tunity to be with you all tonight and Well, tonight we are going to hear agement, and the Federal Government talk about where we have been, where from the freshman class of Repub- needs to be a better landlord instead of we are and we are going to take this licans, and our goal here is to put the an absentee one. country. people before politics. This should be the focus of their We are going to defend our country Much like what we have seen, we agenda in the Natural Resources Com- and we are going to grow our economy, want to find solutions. We want to mittee if they really want to help us in care for our children and families. We move America in the right direction. the West. are going to protect our planet with a We want to tell you first and foremost The priorities of this new majority 21st century energy policy. We are what has gone on here for the last 100 were further illustrated when they going to deal with energy independence days, give us a report card, tell us mandated the Commander in Chief, and global climate change. We have re- where we are going, and the most im- withdraw troops on an unprecedented

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00120 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3683 and arbitrary timeline without any knows well, creating small businesses, make it public lands. Take 85 percent consideration of what is actually hap- and he also got put on Education and of your private lands and put it in the pening on the ground. The same new Labor, caring about the education in hands of the Federal Government and majority conditioned financial support America. take the revenues with it. Imagine for our troops on funding of unrelated Let’s hear from you a quarterly re- your inability to have the money nec- and various pork barrel projects, in- port on what you have seen in the first essary for your educational system, the cluding $5 million to study tropical fish 100 days and what you think reflects on money that is necessary for your infra- and $74 million for peanut storage. your district, Congressman DEAN HELL- structure for roads, money necessary In a time of runaway deficit spend- ER. for emergency care, and fire and res- ing, something needs to change dra- Mr. HELLER of Nevada. I want to cue. That is what we are dealing with matically. The change the new major- thank you for the time and the oppor- in the State of Nevada. ity proposed in the first three months, tunity to serve with you here in this For generations, my constituents however, is to proceed in the wrong di- Congress. I certainly appreciate our have relied upon the land for their live- rection, the direction of debt, deficit freshman class, the work they are put- lihood. For the most part, they have and defeat. ting in it, the voices they have and the been very good stewards. In areas where good stewardship was not exer- b 2215 changes they are bringing into this Congress. It really is an honor to be cised, Nevada has done the very best it We need to balance the budget. To do part of this freshman class serving on can to restore those lands back to so, we must cut Federal spending. Con- my side of the aisle. health. gress’ ongoing spending habits con- I would like to change direction. You Nevadans have an acute awareness of tinue at the expense of our children, talked a little bit about Nevada and the importance of our Nation’s Federal and we owe it to Americans and we owe the State of Nevada. My district is lands. For generations, my constitu- it to our children and our grand- more than 1,000 square miles. To give ents have been the stewards that have children to cut spending. you an idea of every time I go home, I kept important areas in Nevada acces- That is why I stood with my Repub- sible to the rest of the Nation. lican colleagues and supported an al- travel about 1,000 miles just in visiting neighborhoods, going to Elko or going I am greatly concerned by several as- ternative budget plan to balance this pects of the administration’s proposed Federal budget by 2012 in just 5 years. to White Pine County and visiting Ely or Tonopah. It is a lot of travel; but it funding levels for fiscal year 2008. Not Together with a balanced budget, I also only did the administration request a is very critical, as we take these mes- joined my colleagues cosponsoring leg- substantial decrease in PILT funding, sages back and talk to the people here, islation to make permanent numerous which is Payment in Lieu of Taxes, but what’s going on in Washington, D.C., as tax cuts, numerous tax credits that af- funding for other functions is unfortu- reflects what is going on in our dis- fect average American families. The nately low, including zeroing out the tricts. American taxpayer will work through Range Improvement fund, which is an I tell you, it is a pleasure and an April 30 this year just to pay their important program. It gets dollars to honor to serve here in this Congress. It share of taxes. the ground to improve range land is maybe 20 after 10:00 here in Wash- Well, change, indeed, must occur. My health. priorities for change are these: spend- ington D.C., but it is prime time in Ne- One area where I wish to draw paring must be reduced, tax burden on vada right now. My friend from Cali- ticular attention, and I mentioned ear- American families and small busi- fornia, it is prime time in your district lier, is the funding relating to nesses must be reduced, our natural re- too, so it is a pleasure to be speaking wildfires, particularly in range land sources in the West must be respon- to your constituents and mine as well. areas. sibly managed, the constitutional au- I tell you, I want to go in a little bit Last year, in Nevada, Nevada alone, thority of the President must be re- different direction here. It is an issue over 1.2 million acres, or over 1,500 spected. Unfortunately, the priorities that is very, very pertinent, very im- square miles, were destroyed, causing of the new majority, as evidenced over portant for the State of Nevada. This is devastating impacts on the wildlife, the last 3 months, are not my prior- an issue that was discussed this morn- livestock and Nevada families. Let me ities, and they are not the priorities ing in an Appropriations subcommittee put that in perspective for a minute, that the people of Idaho hold. on the Department of the Interior, and 1,500 square miles, clearly much bigger Mr. MCCARTHY of California. Thank that is the issue of wildfires. Living than the District, almost the size of you, Congressman SALI, for that update and serving in a district as rural as my Delaware. In fact, I think it is larger because that is what the American peo- particular district, which I think is the than the size of Delaware, burned in ple want to hear. They want to hear largest non-at-large district in the the State of Nevada; the size of Rhode about accountability. Congress, wildfires are a critical issue. Island, burned in the State of Nevada. As we know, we have been here 4 But before I get there, I want to give You take those States, that is how months; we have cast more than 200 a little bit of background. First I want much land is burning in Nevada each votes. We have something to show to begin with an explanation to those year. where we are going, and pretty much who are viewing this that 85 percent of Most of the damage to private indi- what it is going to be is a report card, Nevada is controlled by the Federal viduals is caused by fires that spread a quarterly report for across America. Government. A lot of people don’t from Federal lands onto private prop- The next speaker we have tonight, quite understand that, but 85 percent erty. In a State where a mere 15 per- for those that live in Nevada, they of the land in Nevada is owned by the cent of the land is available for private know this person well. He has already Federal Government. ownership, we simply cannot afford made a very big name for himself. He As some of you may know, this does this kind of loss. Additionally, it is un- was the secretary of State for three present many unique challenges to the conscionable that unlike other disas- terms. He was able to work in a bipar- communities that I represent. Opportu- ters, those who are victims of Feder- tisan manner, bring Republicans and nities, for example, economic growth, ally fueled devastation received little Democrats together. He is still doing it development, are stifled by the lack of or no assistance from the Federal Gov- here. He is putting partnership, not private lands. ernment. partisanship, forth. Additionally, local governments are This is a glaring problem, and I cer- The one thing I have seen from this prevented from collecting taxes on the tainly do hope to work with my col- Congressman, Congressman DEAN Federal lands in their communities, leagues, especially the freshman class HELLER, he represents the largest part thereby inhibiting their a ability to here, in the future to right this par- of Nevada. There are only three Mem- provide funds for important services, ticular wrong. In order to mitigate the bers of Congress who are serving from such as education, emergency care, fire disastrous wildfires we have seen in the there. He represents about two-thirds and rescue, transportation, obviously past, we need to have a healthy range of the State, even more. including roads, streets and roads. land, which means dedicating funds to He serves on Natural Resources, he I would challenge any State to take range land restoration and manage- serves on Small Business, something he 85 percent of their private lands and ment.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00121 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3684 CONGRESSIONAL RECORD — HOUSE April 19, 2007 A healthy range land will support in public service and promised to fight in many areas of our country. In my wildlife, wild horses, livestock, recre- for what we believe in. That is what we State, in far too many instances these ation and a variety of other multi-uses. are doing. We promised to fight to give rates have tripled forcing many to We do not have to choose between future generations the opportunity we leave the areas they call home. For those functions if we work to restore have. We promised to fight to continue others in the gulf coast region, this has our range lands. the prosperity of this great Nation. become the most financially crippling To achieve a healthy range, we need Unfortunately, as I reflect back on problem we have faced in years. to advance commonsense solutions the first quarter of the 110th Congress, My constituents have entrusted me that will protect communities, people I do believe that the Democrat leader- to bring this issue into the national de- in our natural resources. This includes ship has broken their promise to the bate and come up with a solution. Yet the responsible management of wild American people. Supporting our cou- as we approach the beginning of an- horses and burro populations. rageous men and women in the mili- other hurricane season, this body has It is vital that we use active manage- tary and addressing the gulf States failed to act. ment to remove excess hazardous fuels, homeowners’ insurance crisis are two Earlier this month, it was predicted such as pinon juniper, cheatgrass and of the most important issues my con- we would have a very active hurricane other invasive species. They fuel stituents raised to me. season. Many of us who represent wildfires like we saw in Elko County Despite many Members’ requests to coastal States have tried to bring this and other parts of Nevada last year. address these vital matters in a timely, issue to the forefront, both Democrats Since coming to Congress, I have had bipartisan manner, our pleas have fall- and Republicans, but our attempts the opportunity to meet several times en on deaf ears. It is with great dis- seem to have been in vain so far. As the with my constituents who have trav- appointment that I go back to my dis- result of an apathetic Democratic lead- eled from rural Nevada to Washington trict with the expectations of the ership, my constituents have been D.C., to discuss the devastating im- American people so far unfulfilled. abandoned by the very people they pacts of wildfires and what we can do Regardless of the individual opinions have entrusted to protect them, and to mitigate and prevent them. To a regarding the war in Iraq, every Amer- what a shame that is. person, they all expressed the dire need ican supports our brave men and Along with the numerous bills intro- to restore range land health. women who serve this country with duced in the House which would help As I finish, I want you to know that great honor and distinction. alleviate this crisis, I introduced H.R. I agree with my constituents. It is my Just as we are forever indebted to 913, the Hurricane and Tornado Mitiga- hope that my colleagues will recognize yesterday’s servicemembers who wore tion Investment Act. My bill would the importance of adequately funding this country’s uniform, we will never provide tax incentives for individuals management of our public lands for the be able to fully repay today’s gallant to better protect their property against purpose of environmental health and heroes. I am so very proud to serve on these deadly storms. As a result of multiple use. the veterans committee. strengthening their homes and busi- I appreciate the time you have given We task the members of our Armed nesses to better withstand these disas- me to discuss this issue that is criti- Forces with extraordinary responsibil- ters, homeowners’ insurance would cally important for the State of Ne- ities. The very least we can do is pro- drop and many constituents would con- vada. I am certain for the President of vide them with the necessary tools and tinue raising their families in the place our freshman class coming from Idaho, resources to accomplish their mission. they call home. it is a pertinent issue for his district Nearly a month has gone by since the I can’t tell you how many times I also. House approved its version of the Iraq have talked to my constituents, people Mr. MCCARTHY of California. Thank emergency supplemental appropria- who have lived in Florida for over 20–25 you, Congressman HELLER. One thing, tions bill, a bill so bad that USA Today years and wanted to raise their kids in as constituents know, this is an indi- editorialized against it and said: ‘‘It is Florida or retire in the State of Flor- vidual that believes in solutions, try- hard to say which is worse, leaders of- ida, and they are forced to leave the ing to find commonsense solutions for fering peanuts for a vote of this mag- State. And I know there are other problems out there, and just what you nitude, or Members allowing their States in that position as well. I im- talked about today. votes to be bought for peanuts.’’ plore this Congress to consider my and I know you tell me many times we It is bad enough that the bill con- other insurance-related bills to help serve here Monday through Friday and tained pork projects intended to secure these Americans in their time of need. you fly back home, you will travel 1,000 Members’ votes. It is equally as trou- When the Democrat leadership took miles in that car that weekend just be- bling that we have been delayed in the House gavel and control of Con- cause your district is so large. Last going to conference with the Senate to gress in January, they accepted it in night I saw you were late past 10:00 to work out a bipartisan compromise wor- partnership not partisanship. It is my do a tele-town hall just trying to listen thy of our men and women in uniform. sincere hope that we soon will debate to your constituents. That is what this The American Legion and the VFW serious topics that address the needs of is really all about, finding account- have urged this Congress to pass a this country in a bipartisan manner ability and listening to constituents. I clean supplemental funding bill, which rather than political posturing. appreciate your service. will get our troops the resources they Mr. Speaker, I look forward to work- Now we are going to go across the need as quickly as possible. I am so ing with my colleagues on both sides of country and hear from Florida. If you proud of the American Legion and the aisle to continue the prosperity of happen to be down in Clearwater or VFW for stepping up. They continue to this great Nation. Palm Harbor, you know who this indi- be our heroes. Every day we fail to act May God bless our troops. We owe vidual is. He is already making a very is another day we dishonor our troops’ them so much, and may He continue to big name for himself here in the 110th. sacrifices and valor. watch over the United States of Amer- If you happen to be a veteran in Amer- The other vital issue to many Ameri- ica. ica today, you know him because of his cans, particularly in my district and in Mr. MCCARTHY of California. Thank service. He serves on Veterans’ Affairs, the State of Florida, the Gulf Coast you, Mr. BILIRAKIS. and he serves on Homeland Security. States, is the skyrocketing cost of Promises made and promises kept. He has been doing a tremendous job. homeowners’ insurance. Many of our You promised to do something about We now want to hear from the 9th States are plagued by natural disasters the insurance problem in Florida, and District of Florida, GUS BILIRAKIS. Mr. that cost millions, if not billions, of you have introduced legislation to do BILIRAKIS, could you give us an update dollars in damage. It is a terrible situa- that. of the 110th Congress. tion. You brought up a good point about Mr. BILIRAKIS. Like all of us, I what has happened in the first 100 days. came to this body seeking to make a b 2230 The President asked for a security sup- difference for my constituents and all As a result, homeowners’ insurance plemental, one for our men and women Americans alike. We have chosen a life rates have simply become unaffordable in uniform, to make sure that they are

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00122 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3685 protected. But what happened when he us, and it was significant in its gravity taxes increase on average by $859 by asked for $100 billion? He got $121 bil- that it was tax day again, a day that 2011. lion. Where did the $21 billion come strikes fear and even anger in the Those are just highlight scenarios of from? They gave money to peanuts and hearts and minds of many, if not most, what is going on with that tax in- shrimp. That is pork. That is not what of our taxpayers. We sat here in Con- crease. the American people want. They want gress in these hallowed halls of con- Congress needs to pass a balanced accountability. stitutional responsibility having just budget bill without raising taxes. We When it comes to accountability and come through passing the largest tax need to make tax relief permanent for a hardworking freshman Member, you increase in the history of our country, hardworking American families and don’t have to look beyond Michigan 7 $400 billion over the next 5 years. And implement a commonsense policy for with Congressman TIM WALBERG. You we let our taxpayers go through an- the future. That is why I was proud to serve on the Agriculture Committee other tax day paying more for big gov- support the Republican alternative and Education and Labor, and you are ernment. budget proposal. doing a great job. Can you give us an Right now, taxpayers in south cen- The benefits of our proposal, just a update on the first 100 days? tral Michigan, the district I am privi- few highlights, 113 million taxpayers Mr. WALBERG. Thank you, Con- leged to represent as the temporary will see, if this were passed, their taxes gressman MCCARTHY. I certainly appre- custodian of its seat in Congress, peo- decline by an average of $2,200. A fam- ciate the opportunity to bring not only ple who are hardworking, people who ily of four earning $40,000 will receive an update on Michigan, but to talk to have committed themselves to the task tax relief of over $2,000. More than 5 the American public about concerns of being good stewards of the wonderful million individuals and families will that I have about the budget and what resources we have in the Great Lakes see their income liabilities completely goes on in these great halls. State, of being the former arsenal of eliminated. Forty-five million families Indeed, it has been a wonderful privi- democracy, of being a major manufac- with children will receive an average lege to serve here. As I listened to col- turing State and agricultural State tax cut of almost $3,000. Fifteen million leagues on the other side of the aisle in and State of higher education, and yet elderly individuals will receive average the hour preceding, I would agree that a State that is struggling right now, I tax relief of almost $3,000. Twenty- it is a privilege to serve with men and am sad to say, because of an adminis- seven million small business owners, women of sincerity, of character and tration that continues to push higher the breadbasket of the economy in my commitment and of passion. And al- district, will save on average $4,700. A taxes and more excessive government though we have disagreements, we total of 7.6 million new jobs would be regulation. We are saddled again with serve in a body that has tremendous created under this proposal. An aver- looking at what Congress has poten- impact and tremendous history. age of 168,000 new jobs a month could tially done to us by passing this mas- Yet even as I say that, I recognize be created as well. that we are simply temporary sive spending package called a budget I think the message is clear, Mr. custodians of the seats we hold in Con- with a $400 billion tax increase over the Speaker. This is the direction we need gress, representing districts of people, next 5 years. to go for this great country that has Taxpayers in my district of south taxpayers, citizens with great con- taken on challenges not only within central Michigan are making tough cerns. But even more importantly, as I our borders, but to continue doing choices every day to ensure their fam- have heard discussed maybe a bit too what we are accustomed to doing as often about the extent of abilities that ily budgets are balanced. They do so by the greatest and most benevolent na- reside here in the Halls of Congress in cutting spending and having fiscal dis- tion on this Earth because of what we each of our Members and the back- cipline, a concept we would do well to have done to encourage wealth and ground and the training and the exper- emulate. prosperity and responsibility and ac- It is time we make these same com- tise that we share, yet I think that countability and benefits from all of monsense choices on a Federal level. misses the point because indeed the that. That blessing that goes beyond The budget proposal introduced by my greatness, the ideas, the generation of our shores and makes an impact upon colleagues on the other side of the aisle the economy and impact upon this people that I had the privilege of see- world does not necessarily come from and, in fact, passed by them imposes ing, whose beneficiaries came from us, although we are part of it, but it the largest tax increases, as I said, in sources that I talked with in Walter flows from the people we represent. American history: $400 billion over the Reed Hospital today, the young men That’s the greatness of this country next 5 years, $400 billion that the tax- and women who served valiantly for us, that allowed great men who journeyed payers of this country will pay, that who sacrificed for us to continue the from afar like de Tocqueville, to say the businesses will have impact upon progress and continue the benevolence America is great because America is them and their ability to give jobs and of this great people. good. But when America ceases to be security to the taxpayers and their Mr. Speaker, the American people good, it will cease to be great. I think workers. long for a Congress that puts our fiscal de Tocqueville understood that good- Like the Democrats’, as I would call house in order on a Federal level, but ness was not simply in the high morals it, ‘‘insecurity supplemental’’ that they want it done without expanding of a country that he noticed here, it telegraphed their plan for defeat to our the size and scope of Federal Govern- wasn’t simply in the great work ethic enemies, this budget telegraphs their ment. of the people he saw on these shores. plan for economic failure if we con- They are asking for the greatness to And as he walked across Michigan and tinue down that path for this great continue within the people of this came away, and it is reported that he country. Their plan institutes a $3,000 great country which would include this called our State the Wolverine State tax increase for the typical Michi- great government if we would indeed because he indicated that any citizen gander in my district and embraces a recognize where that greatness comes who could put up with the swamps and spend now-reform later mentality. from. the mosquitoes of Michigan at that You just have to go to some of the So what a privilege again to be a time had to be a wolverine in tenacity. basic concepts of their proposal. The temporary custodian of this seat in Hence, the Wolverine State. Democrat budget would hit 115 million Congress, but what a huge responsi- Yet our great country of citizens taxpayers with an almost $1,800 tax in- bility to stand firmly for principles have to be tenacious as well when we crease in 2011. In addition, 26 million that will, if enacted, as we have seen have a government that has grown too small business owners would see their historically 100 percent of the time, ex- large, too grand, and too costly for tax bill rise by almost $4,000 that year. pand the economy, expand the oppor- them to keep up. The greatness of this Marriage penalty relief would be elimi- tunity, and offer freedom, opportunity country is not big, expansive, expen- nated for 23 million taxpayers, who and prosperity for our citizens and oth- sive government, but rather, the great- would see their taxes increase on aver- ers all around this Earth. ness of this country is its people. age by $466 by 2011. Raising taxes on Thank you for the opportunity, Mr. And so this week we came to Tues- families with children, it would hurt 31 Speaker, and the gentleman from Cali- day, April 17, and it was imperative to million taxpayers who would see their fornia, Congressman MCCARTHY, thank

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00123 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3686 CONGRESSIONAL RECORD — HOUSE April 19, 2007 you for putting this Special Order to- California who are watching, or in Ohio cuts that are in place, so that family gether this evening. who are sleeping, understand that the and businesses can prosper. It is that Mr. MCCARTHY of California. I government, the billions and billions fundamental. The gentleman from thank you, Mr. WALBERG. You raised a and the trillions and trillions that the Michigan was exactly right. And he good point. It has only been 100 days, government takes in already is prob- ticked off, he read off the tax increases and in less than 100 days, the largest ably enough. that will happen under the Democrats tax increase in America has taken And the gentleman from Michigan budget plan. And it is important we place. was great in outlining what is at stake not go there. During the campaign, you heard from and what the Democrats want to do, I always come back to, you know, the both parties, you heard what people because the Democrats obviously think very first thing we did in this Congress, said they would do. In less than 100 different. The American people think, the majority party, the Democratic days, they were broken. you know what, the government prob- Party enacted some PAYGO rules, If you happen to be sitting at home ably takes enough of my money. But which sound great. But what those and you are married, you have some based on what took place 2 weeks ago PAYGO rules did was make it easier to children, you are going to pay more. If with the budget that was passed by the raise taxes. you are elderly, you are going to pay majority party, over the next 3 years The last thing this Congress did be- more. If you happen to maybe seek the the spending they want to do is going fore we went home for Easter break to see our constituents and visit our dis- opportunity of America, worked hard, to take more and more money out of tricts, the last thing we did before we made a business, saved, bought some the private sector, where good things went home for the Easter break was land and went forward, you happened happen in our economy, where jobs are raise taxes. So they started off the to pass away, this majority party, the created, where prosperity takes place, more and more money out of the pri- Congress by making it easier to raise Democrats, want to take 55 percent of taxes. The last thing we did before we vate sector and more money from the that. That is the difference. went home for break was raise taxes. families across this great country, in I appreciate your principled view, let And so that should tell you what is at Ohio, in the Fourth District, and across people keep their hard-earned money, stake here and why it is important the Nation as whole. and make sure that you bring account- that we fight for the American fami- So I just want to provide some per- ability back. lies, like the gentleman from Cali- spective and context and framework Now we want to go to another place fornia has been doing, and it has been for why that is a bad thing. And I think in middle America because that is a pleasure to serve along with him in we just start with this basic premise: where solutions are. We want to get an that regard. And I will yield back some update from Ohio. In Ohio, you can find the stakes are high today. It is impor- time and we can discuss some of this a lot of individuals, but you can’t find tant that the elected officials, the poli- maybe as we move along. ticians here in Congress, get it right someone who works harder. Congress- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE for a change. There was a point in the man JIM JORDAN, along with his wife, The SPEAKER pro tempore (Mr. past where, in spite of bad policies that Polly; I think they hold the American PATRICK J. MURPHY of Pennsylvania). dream. the politicians may have enacted, The Chair must remind Members that America, because we were so uniquely b 2245 remarks in debate should be addressed positioned coming out of World War II, to the Chair and not to a viewing audi- They are doing a fantastic job of rais- we were the economic superpower. We ing their own children. They reach out ence or fellow Members. were the economy that was growing. It Mr. MCCARTHY of California. Mr. into this community. They help others didn’t really matter if bad public pol- Speaker, one thing we know on this and make sure they are able to have a icy was put in place. We were going to floor, and you brought up a very good place to stay, a place a work and place excel. We were going to prosper in this point, Mr. Speaker, as we talk, we lis- for education. But JIM, Congressman world market in spite of the things ten to other Members here, the largest JORDAN is the only Republican fresh- that the politicians might have done. tax increase in American history hap- man to get placed on Judiciary. Why? But today the stakes are high and pened within the last 100 days. And, Because of his work, not only as an at- the competition is stiffer. And I just Mr. Speaker, when we think about is torney, but his work in the Senate in want to give some facts and figures and America taxed enough, I simply, and I Ohio, that stood out across this Nation. I will yield back to the gentleman from think about the average American, And I want you to give us an update. California. But recognize the frame- they wake up in the morning and they Talk a little further more about taxes work we are in. Today, China has 1.4 take a shower, they pay a tax on that and what this 100 days have meant to billion people. India has close to 800 water. They maybe stop off at America and how much this Demo- million people. Those two countries, Starbucks or someone else, and get a cratic Party is going to reach into your over two billion people. United States cup of coffee. They pay a tax on that pocket. of America, we just hit 300 million pop- coffee. They stop off, fill their car up so Mr. JORDAN of Ohio. Well, I thank ulation last summer. Those two econo- they can make it to work, drop their the gentleman for yielding some time mies, China and India, over two billion children off at school, they pay a gaso- and for his work in putting this to- people combined in those two coun- line tax. They go to work, for the first gether and his passion and intensity tries, China’s economy is growing at 3 hours they are paying the Federal and energy that he brings to the Con- approximately 10 percent annual and State tax. They go home, they turn gress and what he has done in our growth rate. India is growing at about on the TV, maybe to watch a little C– freshman class. I appreciate the re- 7, 71⁄2 percent annual growth rate, SPAN, Mr. Speaker, if anybody at marks of the previous speaker. He quickly moving towards middle class. home is watching this, they are paying talked about Tax Day, and he is right The competition is stiffer. And it is im- a cable tax. on target when you think about the portant today when you think about Maybe their business says they have amount of money government takes. those numbers, those facts, those fig- got to get up and try to find more op- And I just want to start with a ques- ures, that we in elective office do the portunity because the world is being tion. And there is probably a few peo- policies right. very competitive, so they have got to ple watching, probably mostly in the Raising taxes on business owners, get on a plane. They pay an airplane gentleman from California’s district. raising taxes on families, $400 billion, tax. They rent a car. They pay a rental Most people in Ohio are smart enough as the gentleman from California tax. They stay at a hotel, they pay an to get in bed at this hour. But there are pointed out, doing those things makes occupancy tax. Lo and behold, God for- a few people watching out there. And I it tougher for our families, our small bid they get very successful and they just want to ask those Americans who business owners, our economy to com- save some money, and they put it away are watching, do you think government pete in that world market. And that is and they want to give their children, has enough of your money already, or why it is important we not go along their grandchildren some opportunity do you think they need more? And my with these tax increases. That is why it for the future. This majority party guess is the vast majority of people in is important we try to keep those tax wants to take 55 percent of that.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00124 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3687 Now, I don’t know, Mr. Speaker, if back to when I was visiting a business And especially I find it so exciting this majority party was on that plane, in my district, actually the Nation’s about the future when we see agri- was working hard to make sure those largest producers of natural wool yarn. culture and energy coming together. I people earn that money, but I don’t I didn’t prompt this discussion whatso- think we need to be careful when we think they need to pay them. I think ever. But the second generation owner, talk about energy. As I was reading an America is taxed enough. or manager in this case, of this com- article the other day, Time magazine, I And I will tell you, we need to go pany said, Adrian, one thing you can do had an article that said eating a T- firsthand in that Budget Committee to in serving in Congress is to reform or bone steak is as egregious in our envi- see where the fight was, to see what repeal the death tax. It will devastate ronment as driving a Hummer vehicle. was said and what went on. And the us. ‘‘Devastate’’ was her word. I found that to be quite surprising, only freshmen Republican to get ap- Now, one might think that the Na- honestly. I certainly represent an area pointed to that was my good friend tion’s largest producer of natural wool that probably contains more cattle from Nebraska, ADRIAN SMITH. ADRIAN, yarn would be big business, big cor- than any other district in the United can you give us an update on the Budg- porations, all these big companies that States. And I don’t bring up this issue et Committee and where it is going. people want to beat up on who provide because of that, but I think that as we Mr. SMITH of Nebraska. Mr. Speak- jobs. No, this is a family-run operation address our energy needs and looking er, I am honored to be a part of this with about 45 employees that just rein- to the feature, we need good common- discussion here this evening, and cer- vested many dollars so they could dou- sense policies. tainly I consider it a great privilege to ble their output, so that they could b 2300 serve on the Budget Committee. take new customers because before As witness after witness after witness they invested in some expansion, they And that is what I want to work on told the Budget Committee that we couldn’t take new customers. And yet because I do care about the future. I should address the entitlement chal- our tax policies will penalize them. care about entitlement reform. I care lenges we face and reform entitlements And, quite honestly, I don’t care how about a balanced budget so that we can so that we can have a safety net, so large an estate one might have, I think encourage our coming generations to that we can have an economy to pre- it is wrong, fundamentally wrong, and focus on the future, so that they can serve that safety net, we need to adopt actually unconscionable that the gov- see even more opportunity and that some changes. And yet the budget that ernment would lay claim to 55 percent their prosperity is not punished has been presented and is moving of an estate. Some people say, well, through bad tax policy. through the Halls of Congress does not these wealthy folks can plan around it. Mr. MCCARTHY of California. Con- address entitlement reform. That is my Some can. Boy, you had better plan gressman SMITH, I appreciate that. And concern. That was the major thrust of your debt too, as so many folks cannot. you point out a very good point. Dur- the Budget Committee hearings, cer- But it all comes back to the econ- ing the Republican majority, we low- tainly, as I said, witness after witness omy. And I believe in Republican budg- ered taxes, and what happened? We addressing that. et principles that are sound, through heard from the Democrats that the But I stand here before you this promoting enhanced prosperity, by bal- world was going to collapse because we evening concerned about the future. ancing the budget and continuing the were going to let people keep the When I get asked why I would want to tax relief, through making needed re- money they earned. serve in Congress, I say it is because I forms to entitlement programs, as our Revenues to the Treasury went up. care about the future. I care about the Budget Committee witnesses pointed Why? Because they invest it. More direction in which our country is head- out, increasing accountability through small business, more ownership. The ing. I believe that we need to encour- budget and appropriation reforms to stock market at an all-time high? age prosperity, not penalize it. And yet help end Washington waste, fraud and Why? Because people got the independ- our tax policies are bound to penalize abuse. ence. They actually invest and create prosperity with the current budget. When we look, Mr. Speaker, at what jobs. We heard in the Budget Committee is before us with the budget, it is the And that is what this House should that we need to increase spending. largest tax increase in American his- be about, the power of the idea, the More of the same. And, certainly, the tory: $400 billion, that is with a B, $400 power of opportunity. Not to take. But supplemental, as so many folks know, billion tax increase. And my friends in these first 100 days, the largest tax this emergency supplemental spending and I, Mr. Speaker, believe that that increase in history. bill contains items that are far from will be damaging to our economy. And And I will tell you, as I walk these emergency in nature. I am afraid that I say that because of the facts. The halls and I see these marble stairways, there were too many politics being facts point out that when tax relief was and you see as you walk that they are played in terms of funding the very brought about in 2003, the unemploy- molded out by other feet that have necessary functions of our military so ment rate went down. GDP went up. walked before you, you think of how bravely serving overseas. Jobs were created. And I find that ex- long a history that is. But just in the I am concerned about our future, and citing. last 100 days history was broken. Why? that is why I went to Iraq. I learned in When I entered politics a few years Because this new Democrat majority Iraq that there are some bright spots. back, I never thought that I would be- went back to their old ways. Certainly we have a lot of work to do. come so enthused about economic prin- But they didn’t just go back. They But it comes back to the economy. I ciples about good, sound tax policy, but went further. They broke every record am encouraged when I learn that there I have seen what tax policy can do over of every Democrat majority in the are more than twice as many merchant these last few years, that tax relief can past. They raised taxes $400 billion. vessels traveling the one single water- create jobs. Tax relief can leverage a That is not a sound bite. That is ex- way into Iraq from the gulf. I am en- family’s dollars, hard earned dollars in actly what happened on this floor, and couraged when I see a developing police our economy so that we can have good, that is what this is all about. That is force perhaps in Ramadi. That is what thriving businesses in all of our dis- what a quarterly report is about. Just contributes to the fundamentals of a tricts, large and small, rural and like when I open the report card for sound economy with the rule of law. urban. We need a good sustainable farm Connor and Megan in my house, I want But as we balance our policies over- bill that builds on the future, that uses to know how my children are doing. seas with our domestic policies here at our experiences from the past, Mr. And as we end up here tonight and we home, we have to be mindful again of Speaker, in realizing that we need to close, Mr. Speaker, I would just like to the future, the future that I believe can build our markets with our trading hear the time report from the Members be bright with the sound, solid econ- partners. And we can expect good, that are still with us. If we could just omy. sound trade policy, not giving away ev- go around and they could give final My friends so very eloquently point- erything, and so that we can help our statements just to sum up the first 100 ed out the estate tax, commonly called energy markets, we can help our agri- days, this first quarter in this House of the death tax. I can’t help but think culture markets. Congress.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00125 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3688 CONGRESSIONAL RECORD — HOUSE April 19, 2007 I will yield to Congressman JORDAN. Buckeye State. We have wonderful ri- this is what is about to come to an end, Mr. JORDAN of Ohio. Mr. Speaker, valries that go on. But he is absolutely even though it has been working, even again, I thank the gentleman for yield- correct. We are talking about the fu- though we have been creating jobs, ing. ture. We are talking about our kids. even though the deficit has been cut in And you talked about a $400 billion I have a grandson, Micah, that I want half actually. Despite many of these tax increase. I just come to the ques- to invest for by leaving a country that spending measures, the deficit has been tion, how many Americans think that he indeed can have invested in for him- cut in half over the last couple of government can spend money better self from his parents and the oppor- years. But we are about to see an end than the private sector? How many tunity for them to use their resources to tax relief for the average family of Americans think that the government to provide for him and provide for oth- four earning $40,000 a year of $2,052 in can spend money better than the small ers in the process. taxes. Taxes are going to go up. business owners in our communities? I have become greatly concerned The Republican budget focuses on How many Americans think that gov- with the concept that we have heard promoting prosperity through the tax ernment can spend that money better from the other side of the aisle too relief of $4,712 in average taxes paid by than the families that live in our dis- often about investing in our great 27 million small businesses. These are tricts and make this country great? economy. And ‘‘investing’’ in their small businesses. These aren’t nec- That is the fundamental question. vernacular means tax increases, spend- essarily the wealthiest of the wealthy. And the gentleman from Nebraska ing more of government dollars which, These are common, everyday Ameri- was right on target when he talked in fact, are taxpayers’ dollars. cans working hard and growing our about families. So often we get so fo- We need to get away from that and economy. cused on the numbers, the budgets, allow our taxpayers, the generator of I hope that we can come back to a capital gains, dividends, tax rates, tax the economy, of a small business, of budget that promotes prosperity by brackets, all this fancy political speak, the manufacturer, the entrepreneur to keeping the death tax at zero through and we forget in the end it is about be able to invest in themselves to make 2012, perhaps even beyond, because I be- people. It is about moms and dads hav- this great country stand not on its gov- lieve that the government should not ing more money in their pockets to ernment but stand on its independence, have the right to take 55 percent of an spend on piano lessons for Sally, soccer its freedom. Because, Mr. Speaker, I estate. That would be 55 percent of a lessons for Johnny. am sure you and I would agree on this, ranch or a farm in my district, where Saving for college is a huge thing. that our responsibility here, as Mem- we are encouraging young farmers and And I have got one in college, and I am bers of Congress, is to fight for and de- ranchers to engage in the business, to paying them right now, writing those fend and continue the freedom of this engage in the economy. And yet they checks. That is what it is about. In the great country. And that comes with would have to come up with cash to in- end, it is about families. the ability for people to invest, to save, herit the farm or ranch? Unconscion- Jefferson had a great line. When you to spend, to enjoy their property, to be able. think about the size and scope of gov- responsible and experience the virtues I believe that we can do better. That ernment, how big this government is of hard work, of loyalty, of faithful- is why I like to focus on the future and going to grow under this proposal, Jef- ness. I like to focus on the future through ferson said, ‘‘When the people fear the I believe Jonathan Witherspoon said, building our economy with sound tax government, there is tyranny. When ‘‘A republic must either preserve its policy, availing capital to our entre- the government fears the people, there virtue or lose its liberty.’’ preneurs so that our entrepreneurs can is liberty.’’ It is a virtue for this country to re- be creative, can pursue innovation and Just ask yourself this question, as ward its citizens for being responsible. grow jobs, becoming prosperous. And government begins to grow: If tomor- It is a virtue for this country to ap- they will pay taxes. They will pay a row you are at home and you get a plaud people who work hard, who save, fair amount of taxes all along the way. knock at your door and you answer the invest, who create the economy. And it But let’s not take too much of it and door and the gentleman identifies him- is a virtue for that same group of peo- punish them. self and says, ‘‘I am from the IRS,’’ is ple, our citizens, to say to a govern- Mr. MCCARTHY of California. Well, your first response, ‘‘Oh, joy, one of my ment, we respect you for leaving that Congressman SMITH, we appreciate public servants is here to help me responsibility to us. That is freedom. your comments. And we come to a today’’? Of course it is not. And, Mr. Speaker, I am deeply, deep- close tonight of the first quarterly re- We have to understand that. If we ly indebted to the people of my district port from the freshman Republicans. want families to have the liberty and for giving me the privilege to fight for We will continue, Mr. Speaker, to bring freedom they need to do what is best that very thing along with colleagues this. We want to put people before poli- for their kids and their grandkids, we like you have heard tonight on this tics. We want the people to know, Mr. need to let them keep more of their floor. Speaker, what happens on this floor. money. And that is what our struggle Mr. MCCARTHY of California. Thank When they sit at home, we want them is when we go forward, to try to make you, Congressman. We appreciate your to know about the largest tax increase sure we can allow families to keep principled belief to represent your con- in history, $400 billion. We want them more of their money. stituents, those hardworking individ- to know, as generation to generation, I know that is why I came to Con- uals from Michigan that are trying to that someone who happens to be in my gress and I know that is why the gen- create opportunity, trying to put their district who maybe wants to continue tleman from California came to Con- children through college, trying to the ranch and someone passes away, gress and the gentleman from Michigan have that home ownership, and at the that they have to sell half the ranch to and the gentleman from Nebraska as same time taking care of their parents just try to keep business the way it well. So that is what we need to do, and as they are getting older. was, because government and this ma- that is what we are going to continue But this Congress says ‘‘no.’’ They jority party wants to take 55 percent of to do as we move forward. want to take money out of their pocket it. Mr. MCCARTHY of California. I and pass the highest tax increase. Mr. Speaker, we feel that is wrong, thank you for your service. We will Congressman SMITH, if you could just and that is why we want to tell it di- just hear the last bit from the Con- sum up tonight on what you see the fu- rectly to the people. gressman from Michigan, Congressman ture holding. We appreciate the time we have had, WALBERG. Mr. SMITH of Nebraska. Mr. Speak- Mr. Speaker. Mr. WALBERG. Mr. Speaker, I thank er, although we are coming to an end f the gentleman from California for to this time of discussion, I think that yielding and for putting this together. we all hope that promoting prosperity THE 30-SOMETHING WORKING And I would agree with my colleague that has taken place over the last few GROUP from Ohio. And it is tough for a Michi- years will not come to an end. And I The SPEAKER pro tempore (Mr. gander to agree with anyone from the want to very quickly point out that PATRICK J. MURPHY of Pennsylvania).

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00126 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3689 Under the Speaker’s announced policy to be trained in those positions, not lowing those bills to come to the floor, of January 18, 2007, the gentleman from just, hey, you come over here, we need implementing all of the recommenda- Florida (Mr. MEEK) is recognized for 25 you in that vehicle now. The kind of tions of 9/11 bill, raising the minimum minutes. equipment that protects and saves wage, making sure that we deal with Mr. MEEK of Florida. Mr. Speaker, it lives is very, very important. And our the issues of stem cell research, and is an honor to address the House. And work is not done; we are still having also making sure that there are more it is always good to definitely come men and women in theater. When I say affordable drugs for seniors, prescrip- down to the floor and not only have a ‘‘in theater,’’ I just want to break it tion drugs, and cutting student loans, good discussion with our colleagues on down and make sure everyone under- bipartisan vote, creating long-term en- the other side of the aisle but also all stands those that are in Iraq and Af- ergy initiatives, bipartisan votes, Mr. general Members of the Congress. ghanistan still dying. Speaker. And I must say that, as you know, So I am not down here talking about b 2315 those of us that are members of the 30- what may happen. I heard some of my Something Working Group come to the Last week, there was a great debate colleagues on the other side talking floor with fact and not fiction about about other news issues that were out about tax increases and everything. what is happening in this country. there; one here in the United States, You know, that is fiction. I mean, with I had the opportunity, Mr. Speaker, major news story, and one in the Baha- all due respect, that’s fiction. What I to join the Commandant of the Marine mas, major news story. Meanwhile, do know, Mr. Speaker, because the Corps tonight at his residence as we back here at the ranch and in Iraq, we only thing that the American people, had a send-off dinner for the 15th Com- had four Marines die on that very day. the only thing that really works in my mand Sergeant Major of the Marine It was just a blip, and then back to the House is the record. And this is before Corps, the highest enlisted Marine. And stories of conversation of that day or the break, and this is not even now. As I know, sir, that you would have loved of that week. And being inoculated to a matter of fact, this was through 3/26/ to have been there. It was a joyous oc- the fact that we are losing those that 2007. Even talking about the votes that casion, and we definitely commend volunteer to protect this country and we have taken here in Congress, the those men and women that are in serve this country is something that kind of votes that we have put forth, harm’s way, and that even those that we cannot get used to and something Mr. Speaker, we had to pass and we had are stateside are prepared to do what that we cannot tolerate. to finish the work of the Republicans they need to do on behalf of this great And so having conferees to even have in the 109th Congress. country of ours. a good discussion, a bipartisan discus- They didn’t even pass all of the ap- Mr. Speaker, there was some debate sion on what we should send to the propriations bills. We had to pass a earlier today about the legislative ac- President representing both sides of continuing resolution to make sure tion to put forth conferees on the this Chamber, and the Senate doing the that the government doesn’t shut emergency defense supplemental bill, same thing that we have taken action down, to say that we will put aside the emergency bill, to make sure that today to do I think is good for the Member projects and priorities back we are able to meet the needs of our country. It is not good for Democrats, home. And that is very important to men and women in harm’s way and also it is not in place for Republicans, it is all of us because why are we here? We other emergencies in the country. And good for the country and those that we are here to represent our individual I think it is very important for the are sending these dollars towards. districts, but we put America first. And first time in the history of this war, as In the middle of that dinner, I left to we said we will pass a continuing reso- far as I am concerned, or in this whole come back to vote, to make sure that lution. As a matter of fact, while we’re war, that we have had an opportunity we are able to give the conferees in- at it, we will put $3.2-plus billion in for to have a discussion. structions that the majority of the veterans health care into the system. There was great debate going back House wish to have given them. And And guess what? The Walter Reed story and forth from the Democratic side to not only the commandant, but Com- broke 2 weeks after that. the Republican side and arguments mand Sergeant Major Estrada said, Sir, I am so happy that the leadership with some folks saying within this we don’t want to stop you from doing was taken not only by our Appropria- Chamber, well, why do we have to have what you need to do because our men tions Committee chairman, but by the language in the bill that may tie the and women need it. And I was glad to leadership of this House. And we did it, President’s hands? be able to cast a vote in the affirma- and it was natural. And it wasn’t polit- Well, I must say that in this bill, in tive. ical; it wasn’t a reaction to something. this emergency supplemental defense I think as we begin to look at the It was the fact that we knew there was bill, there is nothing tying the Presi- politics of the funding of the war and a major void there and we needed to dent’s hands. The President is still the politics of the discussion, I think correct it after amendment and amend- commander in chief. The Congress still we have to remember first we are ment and the minority and the Repub- respects his authority. And I think it is Americans. We are both members of lican Congress in last Congress. important for everyone to understand the Armed Services Committee. There So when I hear Members come to the that in this emergency supplemental are Members who are not on the Armed floor and kind of say what sounds good bill, defense emergency supplemental Services Committee, but on other de- to the American people, I just like to bill, that it is important that Members fense-related committees and Home- come with the facts, and the facts are understand that in this bill the re- land Security committees. We know this: as of 3/29 of this year, roll call quirements that are there are already that bipartisanship has to be para- votes, if you look at the 107th Con- requirements that are adopted by the mount in those committees. gress. And Mr. Speaker, I want to Department of Defense as it relates to Mr. Speaker, I said in the last Con- break this down, when we say 107th the time that National Guard and re- gress, I will digress here for a moment, Congress, that means 2 years of Con- servists and active duty Marines, sail- I said in the 109th Congress that bipar- gress; 108th Congress, 2 years of Con- ors, airmen, seamen and -women, Coast tisanship can only be allowed when the gress. This is something that we call it Guard, you name it, are supposed to be majority allows it. And I think under the ‘‘do-nothing Congress’’ because in-state with their families or in-coun- the leadership that we have now and many media outlets called it that be- try with their families versus deployed. the votes that we have taken, Mr. cause we spent more time doing noth- That is one thing. Speaker, on major issues, it allows bi- ing than here representing the Amer- The second thing is to make sure partisanship. That is not just what I ican people. that they have the necessary equip- am saying; that’s what I know because At that time, as of 3/29 of 2007, at ment and resources that they need. Mr. the CONGRESSIONAL RECORD reflects that time 2 years ago, there were only MURTHA speaks constantly about being that history or that track record, one 90 roll call votes. Under the ‘‘new direc- in a Stryker Brigade and what it takes may say, of how Republicans and tion Congress,’’ which is the 110th Con- in a Stryker. The driver, the com- Democrats have voted in a bipartisan gress, there has already been 189 roll mander, the gunner, others, you have way with the Democratic leadership al- call votes. This is when we are here to

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00127 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3690 CONGRESSIONAL RECORD — HOUSE April 19, 2007 work, when we are here to have com- on the debt, and this is 2008 budget, say, well, 1, 849, that’s not bad for for- mittee meetings, when we are here to when we look at what we pay down on eign debt. No. Why don’t you try in the hear from the experts, when we are the debt, now you have to remember, 12 billions. And in 2005, up again. In 2006, here to hear exactly what America has years of Republican control here in up again. Foreign nations giving this to share with us. this House, 12 years of borrow-as-we- country money to pay down on irre- One last point, and then I want to ad- go, Mr. Speaker. And I think it is im- sponsible spending, not worrying about dress one more issue, Mr. Speaker. portant that the Members understand, it, but putting it on a high interest I think it is important, when we borrow-as-we-go, not pay-as-we-go, credit card. started talking about the budget, we what we passed here on this floor in This is my last chart on the debt. need to take that very seriously be- the majority with some Members of the And I think, Mr. Speaker, this comes cause there has been a lot going on in Republican side, because I do say some down to what I was talking about ear- the last 12 years and a lot going on of my colleagues on the Republican lier when I said in the Democratic Con- since President Bush has taken the side first do understand that they rep- gress without one Republican vote, and White House and had a ‘‘rubber stamp resent their constituents, that some- the Clinton administration, what took Congress,’’ and those that said, well, one woke up early Tuesday morning at place. This surplus declined by $8.4 tril- you write it, we will pass it, without about 7 a.m. to go cast a vote for rep- lion under the President’s policies. And any questions and very few hearings. resentation, not casting a vote to be we had a surplus of $5.6 trillion, and And now, Mr. Speaker, here in Wash- loyal to the Republican conference, and now we are under $2.8 trillion under the ington, DC, we are having a lot of hear- on this side, Democratic conference or Republican policy. ings, and it is benefiting the American what have you. But let’s just make So when we have Members come, and people. It is not benefiting the Repub- sure that we represent the people that I encourage Members to come to the lican minority or benefiting the Demo- we were sent up here to represent. floor. I always say, Mr. Speaker, on cratic majority. It is benefiting this in- Let’s just talk here for a minute both sides of the aisle that it is impor- stitution which we call the U.S. House what we pay on the interest rate on the tant that we have accurate informa- of Representatives. debt. And this is in the billions. This is tion when we come to the floor. Take And I think it is very, very impor- what we pay on the debt. That is a lit- the time out and reflect, take a look at tle bit over $200 billion. And I just want tant that we allow Americans’ dreams the CONGRESSIONAL RECORD, ask staff to come true. And many of their to point this out, Mr. Speaker, here in to pull together numbers and give you dreams are around good government, this light blue box here is education. third-party validators. I think that’s so You would assume this would be edu- many of their dreams are around ac- very, very important. countability, and many of their dreams cation. No, this is education. We actu- This other chart makes it even clear- ally have to pay down more on the debt are around making sure that the people er, Mr. Speaker. We love charts. I because of the out-of-control debt. And they send to Washington, DC are mean, the people that are in the chart we had surpluses as far as the eye can watching out for their tax dollars and business, I know they are happy be- see after the Clinton administration, their investment. cause we love charts. But we had to after the Democratic Congress, without I had a constituent visit me today, as break this down because we had to one Republican vote, balanced the a matter of fact, they were young con- communicate with the Members. I budget, and everyone made money and stituents, and I had them in the gal- don’t want Members going back to everyone had money just about. Wel- lery. They weren’t even of the age of 10 their district saying, well, Ms. JOHN- fare reform took place. States had dol- yet, but they were happy to see their SON, if Ms. JOHNSON was to ask a Mem- lars to be able to invest in areas, and Congressman. And I was happy to take ber of Congress, either he or she, well, time. I canceled a couple of meetings some areas were able to give tax cuts to the American people in their State. why did you vote against such a thing and I took the personal time to make that would decrease the debt that we sure that those young Americans un- But, no, after that we decided, well, the majority, the Republican majority, have and no longer allow us to con- derstood what this institution was all decided to borrow all they could. And tinue to borrow money? Why did you about. And they really appreciated it. now they are upset because they can’t vote against something like that? Why They asked a lot of great questions, borrow anymore. But this is what we would you vote against the emergency some that I told them I had to get back are investing, well under $100 billion. supplemental to send money to the to them on. But being a father myself Veterans, right there, below education, troops? Why would you do these of young children, I know that children that is in the green. That is what we things? have some of the best minds that we are investing in veterans health care. I just want to make sure Members have and we have to protect them. But Not only health care, but veterans pe- understand. I always share with Mem- they were asking serious questions not riod as it relates to their benefits. bers, don’t worry about what someone only about the war in Iraq, but about Homeland Security, down there in in this Chamber may say about your education and about the environment. the purple, we are talking about pro- vote. You need to worry about what And I think that is the reason why we tecting the homeland. That is what is the people in your district will say have to put in the best service possible. invested in the homeland. about your vote when it comes down to But let me just share something, So you really have to look at this for these very, very important issues. since I am talking about children. I what it’s worth. And all of this is b 2330 heard our colleague a few moments ago verified with third-party validators talking about the budget. And I can when we look at these numbers. This even goes further, Mr. Speaker, tell you, Mr. Speaker, if I could talk Mr. Speaker, where is the money and it really highlights the countries about the budget 23 hours of a 24-hour coming from? Well, that is another that we are borrowing this money day, I would, because it needs to be good question. These are the dollars of from. Japan at the lead of the pack, talked about. And something needs to what has happened under the amount this is in the billions. $644.3 billion. happen to it in the affirmative on be- of foreign-held debt, more than doubled China. Think about it. China, $349.6 bil- half of the American people, and some- under the Bush administration. Look lion. China. Red China. thing has happened. It has happened in at the numbers: here is 2001, 2002, 2003. Now, what is going to happen when a way that I will assure you that those Keep going. We are just borrowing we get off a plane in China and start that run around and say, well, you money, foreign nations. We never owed talking to the Chinese government know, your taxes are going up. Your this in the history of the Republic. I about what they are doing to their cur- taxes are not going up. I mean, I am am not saying, well, this administra- rency, how they are using their cur- going to tell you that right now. The tion did it or that administration. In rency against U.S. companies to be bottom line is that we have account- the history of the Republic since we able to devalue their products so that ability in this budget; we are going to have been a country, this has never they can sell it for a cheaper price and work to take this deficit down. happened. take away American jobs. And we go And let me just talk about what is And these numbers are in the bil- there with a great case. Meanwhile, happening here. The interest payments lions. Someone may look at this and while we are talking, I am pretty sure

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00128 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3691 the Chinese government will be look- in my district. Meanwhile, we are sit- Ms. JACKSON-LEE of Texas, for 5 mining at the U.S. Government, including ting here looking at discretionary utes, today. the President of the United States, and spending, saying it is not there. We Mr. ENGEL, for 5 minutes, today. say, wait a minute, you owe me money. have two wars going on, and the Presi- f You are going to get off the plane and dent doesn’t want us to ask any ques- start telling me what to do? We are tions. Meanwhile, I have cities that SENATE CONCURRENT lending money to you. We are giving have to have an office of account- RESOLUTION you money. We are giving you money ability to respond to every Federal A Concurrent Resolution of the Sen- because you mismanaged. grant that they get. They have to ate of the following title was taken I am smiling while I am saying it, check off more than the folks in Bagh- from the Speaker’s table and, under but is a sad testimony to the manage- dad have to check off. Something is the rule, referred as follows: ment of this country, and I think it is wrong. S. Con. Res. 28. Concurrent resolution con- very, very important if we say we are So when we look at these issues, that gratulating the City of Chicago for being patriots, we have to make sure those is the reason why we are on the floor at chosen to represent the United States in the children, and I was walking around this this time of night, not only sharing international competition to host the 2016 Capitol today, can have their chest out with the Members, but also sharing Olympic and Paralympic games, and encour- even further out than I have my chest with the American people. Regardless aging the International Olympic Committee out being a Member of Congress and of your party affiliation, you must be to select Chicago as the site of the 2016 being in this country, without having Olympic and Paralympic Games; to the Com- concerned and focus on what is hap- mittee on Foreign Affairs. other countries being able to say we pening here in Washington, DC. own a piece of the American apple pie. Yes, we are all tired, and, yes, we all f We want to make sure that everyone have other things to do. But while we ENROLLED BILL SIGNED feels good about what is happening have this issue of accountability, mak- Ms. Lorraine C. Miller, Clerk of the here. But I can tell you right now, we ing sure that we move in a new direc- House, reported and found truly en- must, not ‘‘we should’’ or ‘‘we need to tion, like the American people have rolled a bill of the House of the fol- do,’’ we must reverse this chart. We said, I think it is very, very important. must no longer allow countries, and I So I came down to the floor, Mr. lowing title, which was thereupon am just talking about China, Taiwan, Speaker, just for a moment, just to signed by the Speaker: OPEC countries. Who are OPEC coun- share with the Members that you have H.R. 1132. An act to amend the Public tries? They are countries that we have to pay very, very close attention to the Health Service Act to provide waivers relat- conflicts in right now. Iraq is an OPEC debate and what is taking place. ing to grants for preventive health measures with respect to breast and cervical cancers. country. We have other countries that Mr. Speaker, I want to thank the are of concern to this country that are leadership for allowing me to have the f OPEC countries. opportunity to come to the floor. As ADJOURNMENT I filled up my truck just the other you know, we always come to the floor, day, $3.07 here in Washington, DC, week after week, to share good infor- Mr. MEEK of Florida. Mr. Speaker, I leave alone other parts of the country. mation with the Members and the move that the House do now adjourn. I hate to start getting e-mails about, American people. It was a pleasure ad- The motion was agreed to; accord- that was cheap, Congressman. dressing the House. ingly (at 11 o’clock and 35 minutes So you have to think about these p.m.), under its previous order, the issues. We have only been here, we f House adjourned until tomorrow, Fri- haven’t even had 6 months to be able to LEAVE OF ABSENCE day, April 20, 2007, at 9 a.m. manage this government, to be able to By unanimous consent, leave of ab- say let’s have the discourse, to be able EXECUTIVE COMMUNICATIONS, sence was granted to: ETC. to say, well, it is important, Members, Mr. FATTAH (at the request of Mr. that we owe the American people the HOYER) for today. Under clause 8 of rule XII, executive opportunity for a debate. Mr. JONES of North Carolina (at the communications were taken from the This is the first time that the Presi- request of Mr. BOEHNER) for today from Speaker’s table and referred as follows: dent has actually had to negotiate. 3 p.m. and April 19 on account of per- 1161. A letter from the Secretary, Depart- And we live in a democracy. Some peo- sonal reasons. ment of Health and Human Services, trans- ple forgot. Mr. ROHRABACHER (at the request of mitting a copy of a draft bill entitled, ‘‘Pre- scription Drug User Fee Amendments of Wait a minute. What do you mean Mr. BOEHNER) for today and the bal- they are sitting down at the White 2007’’; to the Committee on Energy and Com- ance of the week on account of a fam- merce. House to talk about the emergency ily emergency. supplemental? That just happened. 1162. A letter from the Program Analyst, What is the discussion? Then you have f Department of Transportation, transmitting the Department’s final rule — Airworthiness some Members coming down saying, SPECIAL ORDERS GRANTED Directives; Empresa Brasileira de how dare you disagree with the Presi- By unanimous consent, permission to Aeronautica S.A. (EMBRAER) Model ERJ dent? address the House, following the legis- 170 Airplanes [Docket No. FAA-2006-25889; Di- The last time I checked, I was eman- lative program and any special orders rectorate Identifier 2006-NM-168-AD; Amend- cipated long ago, and I think it is im- heretofore entered, was granted to: ment 39-14902; AD 2007-02-15] (RIN: 2120-AA64) portant when George Washington’s face (The following Members (at the re- received April 10, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- at the top of the Rotunda, as his image quest of Mr. PALLONE) to revise and ex- tation and Infrastructure. looks down to the bottom of the Ro- tend their remarks and include extra- tunda where you have a white dot here 1163. A letter from the Program Analyst, neous material:) Department of Transportation, transmitting which is the center of this democracy, Mr. DEFAZIO, for 5 minutes, today. the Department’s final rule — Airworthiness Washington, DC, we have to remember Mrs. MCCARTHY of New York, for 5 Directives; Airbus Model A310 Airplanes there are individuals that died, individ- minutes, today. [Docket No. FAA-2006-25966; Directorate uals that are in wheelchairs, that have Ms. KAPTUR, for 5 minutes, today. Identifier 2006-NM-149-AD; Amendment 39- allowed us to have the kind of platform Mr. PALLONE, for 5 minutes, today. 14909; AD 2007-02-22] (RIN: 2120-AA64) received to be able to have the discussion with (The following Members (at the re- April 10, 2007, pursuant to 5 U.S.C. the President of the United States and quest of Mr. PRICE of Georgia) to revise 801(a)(1)(A); to the Committee on Transpor- other Members of Congress about emer- and extend their remarks and include tation and Infrastructure. gency supplementals, especially when extraneous material:) 1164. A letter from the Program Analyst, Department of Transportation, transmitting we are in the fifth year of a conflict Mr. CONAWAY, for 5 minutes, today. the Department’s final rule — Airworthiness with over $500 billion of U.S. taxpayer (The following Members (at their own Directives; Fokker Model F27 Mark 050 and money invested. request) to revise and extend their re- F.28 Mark 0070 and 0100 Airplanes [Docket I have mayors coming to me and say- marks and include extraneous mate- No. FAA-2006-25219; Directorate Identifier ing, Congressman, this is what I need rial:) 2005-NM-259-AD; Amendment 39-14907; AD

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00129 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3692 CONGRESSIONAL RECORD — HOUSE April 19, 2007 2007-02-20] (RIN: 2120-AA64) received April 10, 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Airworthiness 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the tation and Infrastructure. Directives; EADS SOCATA TBM 700 Air- Committee on Transportation and Infra- 1173. A letter from the Program Analyst, planes [Docket No. FAA-2006-26232 Direc- structure. Department of Transportation, transmitting torate Identifier 2006-CE-62-AD; Amendment 1165. A letter from the Program Analyst, the Department’s final rule — Airworthiness 39-14895; AD 2007-02-08] (RIN: 2120-AA64) re- Department of Transportation, transmitting Directives; Airbus Model A300 Airplanes; ceived April 10, 2007, pursuant to 5 U.S.C. the Department’s final rule — Airworthiness Model A300 B4-601, B4-603, B4-620, B4-622, B4- 801(a)(1)(A); to the Committee on Transpor- Directives; Boeing Model 777-200, -300, and 605R, B4-622R, F4-605R, F4-622R, and C4-605R tation and Infrastructure. -300ER Series Airplanes [Docket No. FAA- Variant F Airplanes (Collectively Called 1182. A letter from the Program Analyst, 2006-24891; Directorate Identifier 2006-NM-080- A300-600 Series Airplanes); and Model A310 Department of Transportation, transmitting AD; Amendment 39-14910; AD 2007-02-23] (RIN: Airplanes [Docket No. 2003-NM-123-AD; the Department’s final rule — Airworthiness 2120-AA64) received April 10, 2007, pursuant Amendment 39-14920; AD 2007-03-09] (RIN: Directives; Rolls Royce Deutschland Ltd & to 5 U.S.C. 801(a)(1)(A); to the Committee on 2120-AA64) received April 10, 2007, pursuant Co KG Tay 611-8, Tay 620-15, Tay 650-15, and Transportation and Infrastructure. to 5 U.S.C. 801(a)(1)(A); to the Committee on Tay 651-54 Series Turbofan Engines. [Docket 1166. A letter from the Program Analyst, Transportation and Infrastructure. No. FAA-2006-24777; Directorate Identifier Department of Transportation, transmitting 1174. A letter from the Program Analyst, 2006-NE-19-AD; Amendment 39-14913; AD 2007- the Department’s final rule — Airworthiness Department of Transportation, transmitting 03-02] (RIN 2120-AA64) received April 10, 2007, Directives; Airbus Model A300 airplanes; and the Department’s final rule — Airworthiness pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Model A300 B4-600, B4-600R, and F4-600R Se- Directives; Turbomeca Arriel 2B1 Turboshaft mittee on Transportation and Infrastruc- ries Airplanes, and Model C4-605R Variant F Engines [Docket No. FAA-2007-27009; Direc- ture. Airplanes (Collectively Called A300-600 Series torate Identifier 2007-NE-02-AD; Amendment 1183. A letter from the Program Analyst, Airplanes) [Docket No. FAA-2006-25891; Di- 39-14925; AD 2007-03-14] (RIN: 2120-AA64) re- Department of Transportation, transmitting rectorate Identifier 2006-NM-186-AD; Amend- ceived April 10, 2007, pursuant to 5 U.S.C. the Department’s final rule — Airworthiness ment 39-14908; AD 2007-02-21] received April 801(a)(1)(A); to the Committee on Transpor- Directives; DORNIER LUFTFAHRT GmbH 10, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to tation and Infrastructure. Model 228-212 Airplanes [Docket No. FAA- the Committee on Transportation and Infra- 1175. A letter from the Program Analyst, 2006-26597; Directorate Identifier 2006-CE-86- structure. Department of Transportation, transmitting AD; Amendment 39-14900; AD 2007-02-13] (RIN: 1167. A letter from the Program Analyst, the Department’s final rule — Airworthiness 2120-AA64) received April 10, 2007, pursuant Department of Transportation, transmitting Directives; Pilatus Aircraft Limited PC-12 to 5 U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule — Airworthiness and PC-12/45 Airplanes [Docket No. FAA- Transportation and Infrastructure. Directives; Boeing Model 767-200 and -300 Se- 2006-26371 Directorate Identifier 2006-CE-70- 1184. A letter from the Program Analyst, ries Airplanes [Docket No. FAA-2006-25205; AD; Amendment 39-14917; AD 2007-03-06] (RIN: Department of Transportation, transmitting Directorate Identifier 2006-NM-071-AD; 2120-AA64) received April 10, 2006, pursuant the Department’s final rule — Airworthiness Amendment 39-14905; AD 2007-02-18] (RIN: to 5 U.S.C. 801(a)(1)(A); to the Committee on Directives; Dassault Model Mystere-Falcon 2120-AA64) received April 10, 2007, pursuant Transportation and Infrastructure. 900 and Falcon 900EX Airplanes [Docket No. to 5 U.S.C. 801(a)(1)(A); to the Committee on 1176. A letter from the Program Analyst, FAA-2007-26920; Directorate Identifier 2006- Transportation and Infrastructure. Department of Transportation, transmitting NM-244-AD; Amendment 39-14897; AD 2007-02- 1168. A letter from the Program Analyst, the Department’s final rule — Airworthiness 10] (RIN: 2120-AA64) received April 10, 2007, Department of Transportation, transmitting Directives; Boeing Model 737 Airplanes pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule — Airworthiness [Docket No. FAA-2006-26323; Directorate mittee on Transportation and Infrastruc- Directives; Airbus Model A300 B4-605R Air- Identifier 2006-NM-150-AD; Amendment 39- ture. planes and Model A310-308, -324, and -325 Air- 14918; AD 2007-03-07] (RIN: 2120-AA64) received 1185. A letter from the Program Analyst, planes [Docket No. FAA-2006-26047; Direc- April 10, 2007, pursuant to 5 U.S.C. Department of Transportation, transmitting torate Identifier 2006-NM-146-AD; Amend- 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Airworthiness ment 39-14906; AD 2007-02-19] (RIN: 2120-AA64) tation and Infrastructure. Directives; Pratt & Whitney PW2000 Series received April 10, 2007, pursuant to 5 U.S.C. 1177. A letter from the Program Analyst, Turbofan Engines. [Docket No. FAA-2006- 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting 24452; Directorate Identifier 2006-NE-11-AD; tation and Infrastructure. the Department’s final rule — Airworthiness Amendment 39-14893; AD 2007-02-06] (RIN: 1169. A letter from the Program Analyst, Directives; Gippsland Aeronautics Pty. Ltd. 2120-AA64) received April 10, 2007, pursuant Department of Transportation, transmitting Model GA8 Airplanes [Docket No. FAA-2007- to 5 U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule — Airworthiness 27174; Directorate Identifier 2007-CE-006-AD; Transportation and Infrastructure. Directives; Boeing Model 747 Airplanes Amendment 39-14944; AD 2007-04-12] (RIN: 1186. A letter from the Program Analyst, [Docket No. FAA-2006-24410; Directorate 2120-AA64) received April 10, 2007, pursuant Department of Transportation, transmitting Identifier 2005-NM-261-AD; Amendment 39- to 5 U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule — Airworthiness 14911; AD 2007-02-24] (RIN: 2120-AA64) received Transportation and Infrastructure. Directives; Reims Aviation S.A. F406 Air- April 10, 2007, pursuant to 5 U.S.C. 1178. A letter from the Program Analyst, planes [Docket No. FAA-2006-26694; Direc- 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting torate Identifier 2006-CE-91-AD; Amendment tation and Infrastructure. the Department’s final rule — Airworthiness 39-14899; AD 2007-02-12] (RIN: 2120-AA64) re- 1170. A letter from the Program Analyst, Directives; Turbomeca S.A. Makila 1A and ceived April 10, 2007, pursuant to 5 U.S.C. Department of Transportation, transmitting 1A1 Turboshaft Engines [Docket No. FAA- 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Airworthiness 2006-26570; Directorate Identifier 2006-NE-39- tation and Infrastructure. Directives; Boeing Model 757 Airplanes AD; Amendment 39-14931; AD 2007-03-20] (RIN: 1187. A letter from the Program Analyst, [Docket No. FAA-2006-25642; Directorate 2120-AA64) received April 10, 2007, pursuant Department of Transportation, transmitting Identifier 2006-NM-121-AD; Amendment 39- to 5 U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule — Airworthiness 14912; AD 2007-03-01] (RIN: 2120-AA64) received Transportation and Infrastructure. Directives; Bombardier Model DHC-8-400 Se- April 10, 2007, pursuant to 5 U.S.C. 1179. A letter from the Program Analyst, ries Airplanes [Docket No. FAA-2006-26050; 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting Directorate Identifier 2006-NM-078-AD; tation and Infrastructure. the Department’s final rule — Airworthiness Amendment 39-14890; AD 2007-02-03] (RIN: 1171. A letter from the Program Analyst, Directives; Bombardier Model CL-600-2B19 2120-AA64) received April 10, 2007, pursuant Department of Transportation, transmitting (Regional Jet Series 100 & 440) Airplanes to 5 U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule — Airworthiness [Docket No. FAA-2006-25192; Directorate Transportation and Infrastructure. Directives; Boeing Model 737-100, -200, -200C, Identifier 2006-NM-004-AD; Amendment 39- 1188. A letter from the Program Analyst, -300, -400, and -500 Series Airplanes [Docket 14930; AD 2007-03-19] (RIN: 2120-AA64) received Department of Transportation, transmitting No. FAA-2006-24496; Directorate Identifier April 10, 2007, pursuant to 5 U.S.C. the Department’s final rule — Airworthiness 2005-NM-141-AD; Amendment 39-14914; AD 801(a)(1)(A); to the Committee on Transpor- Directives; Bombardier Model DHC-8-100, 2007-03-03] (RIN: 2120-AA64) received April 10, tation and Infrastructure. -200, and -300 Series Airplanes [Docket No. 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1180. A letter from the Program Analyst, FAA-2006-25904; Directorate Identifier 2006- Committee on Transportation and Infra- Department of Transportation, transmitting NM-077-AD; Amendment 39-14883; AD 2007-01- structure. the Department’s final rule — Airworthiness 11] (RIN: 2120-AA64) received April 10, 2007, 1172. A letter from the Program Analyst, Directives; Pilatus Aircraft Ltd., PC-6 Series pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Transportation, transmitting Airplanes [Docket No. FAA-2006-25929 Direc- mittee on Transportation and Infrastruc- the Department’s final rule — Airworthiness torate Identifier 2006-CE-54-AD; Amendment ture. Directives; Bombardier Model CL-600-2B19 39-14919; AD 2007-03-08] (RIN: 2120-AA64) re- 1189. A letter from the Program Analyst, (Regional Jet Series 100 & 440) Airplanes ceived April 10, 2007, pursuant to 5 U.S.C. Department of Transportation, transmitting [Docket No. FAA-2006-26046; Directorate 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Airworthiness Identifier 2006-NM-172-AD; Amendment 39- tation and Infrastructure. Directives; Boeing Model 747 Airplanes 14922; AD 2007-03-11] (RIN: 2120-AA64) received 1181. A letter from the Program Analyst, [Docket No. FAA-2006-25087; Directorate April 10, 2007, pursuant to 5 U.S.C. Department of Transportation, transmitting Identifier 2006-NM-053-AD; Amendment 39-

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00130 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE April 19, 2007 CONGRESSIONAL RECORD — HOUSE H3693 14882; AD 2007-01-10] (RIN: 2120-AA64) received tate investment trusts; to the Committee on Alabama, and for other purposes; to the April 10, 2007, pursuant to 5 U.S.C. Ways and Means. Committee on Natural Resources. 801(a)(1)(A); to the Committee on Transpor- By Mr. McGOVERN (for himself and By Mrs. BOYDA of Kansas (for herself, tation and Infrastructure. Mrs. EMERSON): Mr. MOORE of Kansas, Mr. MORAN of 1190. A letter from the Program Analyst, H.R. 1938. A bill to reduce hunger in the Kansas, Mr. TIAHRT, Mr. Department of Transportation, transmitting United States; to the Committee on Agri- BLUMENAUER, Mr. CLEAVER, Mr. the Department’s final rule — Airworthiness culture. GEORGE MILLER of California, Mr. Directives; Bombardier Model DHC-8-400 Se- By Mr. McKEON (for himself and Mr. MORAN of Virginia, Mr. VAN HOLLEN, ries Airplanes [Docket No. FAA-2006-25328; CASTLE): Ms. SCHAKOWSKY, Ms. HIRONO, Mr. Directorate Identifier 2006-NM-130-AD; H.R. 1939. A bill to amend the Elementary FRANK of Massachusetts, and Mr. Amendment 39-14880; AD 2007-01-08] (RIN: and Secondary Education Act of 1965 to im- STARK): 2120-AA64) received April 10, 2007, pursuant prove the Reading First program; to the H.R. 1947. A bill to promote public safety to 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Education and Labor. and improve the welfare of captive big cats, Transportation and Infrastructure. By Mr. DEAL of Georgia (for himself, and for other purposes; to the Committee on 1191. A letter from the Program Analyst, Mr. BILBRAY, and Mr. DANIEL E. LUN- Agriculture. Department of Transportation, transmitting GREN of California): By Mr. CAPUANO (for himself, Mr. H.R. 1940. A bill to amend section 301 of the the Department’s final rule — Airworthiness TIERNEY, Mr. VAN HOLLEN, Mr. FRANK Immigration and Nationality Act to clarify Directives; Boeing Model 747-100B SUD, 747- of Massachusetts, Mr. BERMAN, Mr. those classes of individuals born in the 200B, 747-300, 747-400, 747-400D, and 747SP Se- MCDERMOTT, Mr. CONYERS, Mr. United States who are nationals and citizens ries Airplanes [Docket No. FAA-2006-25518; MORAN of Virginia, Mr. DELAHUNT, of the United States at birth; to the Com- Directorate Identifier 2006-NM-092-AD; Mr. COHEN, Mr. HASTINGS of Florida, mittee on the Judiciary. Amendment 39-14881; AD 2007-01-09] (RIN: and Mr. KENNEDY): By Mr. KENNEDY (for himself, Mr. 2120-AA64) received April 10, 2007, pursuant H.R. 1948. A bill to amend title 5, United to 5 U.S.C. 801(a)(1)(A); to the Committee on ELLISON, Mr. FRANK of Massachu- setts, Mr. HASTINGS of Florida, Mr. States Code, to increase the amount of addi- Transportation and Infrastructure. tional compensation payable to an employee 1192. A letter from the Program Analyst, JACKSON of Illinois, Mr. LANGEVIN, Mr. LYNCH, and Mr. WALBERG): who is disabled and requires the services of Department of Transportation, transmitting an attendant, and for other purposes; to the the Department’s final rule — Airworthiness H.R. 1941. A bill to adjust the immigration status of certain Liberian nationals who Committee on Education and Labor. Directives; Airbus Model A310 Airplanes By Mr. COURTNEY (for himself and [Docket No. FAA-2007-26921; Directorate were provided refuge in the United States; to Mr. NEAL of Massachusetts): Identifier 2006-NM-247-AD; Amendment 39- the Committee on the Judiciary. H.R. 1949. A bill to amend the Quinebaug 14896; AD 2007-02-09] (RIN: 2120-AA64) received By Mr. GARRETT of New Jersey (for and Shetucket Rivers Valley National Herit- April 10, 2007, pursuant to 5 U.S.C. himself, Mr. MILLER of Florida, Mr. age Corridor Act of 1994, to increase the au- 801(a)(1)(A); to the Committee on Transpor- BURTON of Indiana, Mr. WOLF, Mr. thorization of appropriations and modify the tation and Infrastructure. CULBERSON, and Mr. SOUDER): H.R. 1942. A bill to amend the Internal Rev- date on which the authority of the Secretary 1193. A letter from the Program Analyst, enue Code of 1986 to modify the alternative of the Interior terminates under the Act; to Department of Transportation, transmitting minimum tax on individuals by permitting the Committee on Natural Resources. the Department’s final rule — Airworthiness the deduction for State and local taxes and By Mrs. DAVIS of California (for her- Directives; Turbomeca Arriel 1 Series Turbo- to adjust the exemption amounts for infla- self, Mr. ISSA, Mr. HUNTER, Mr. shaft Engines. [Docket No. FAA-2006-26091; tion; to the Committee on Ways and Means. BILBRAY, and Mr. FILNER): Directorate Identifier 2006-NE-28-AD; By Ms. WATERS (for herself, Mr. CON- Amendment 39-14904; AD 2007-02-17] (RIN: H.R. 1950. A bill to amend title XIX of the YERS, Mr. SMITH of Texas, Mr. SCOTT 2120-AA64) received April 10, 2007, pursuant Social Security Act to permit local public of Virginia, Mr. FORBES, Ms. LEE, and to 5 U.S.C. 801(a)(1)(A); to the Committee on agencies to act as Medicaid enrollment bro- Mrs. CHRISTENSEN): Transportation and Infrastructure. kers; to the Committee on Energy and Com- H.R. 1943. A bill to provide for an effective 1194. A letter from the Secretary, Depart- merce. HIV/AIDS program in Federal prisons; to the ment of Health and Human Services, trans- By Mr. ELLSWORTH: Committee on the Judiciary. mitting the Department’s FY 2004 Annual H.R. 1951. A bill to establish a mandatory By Mr. ALTMIRE (for himself, Mr. FIL- Report on the Child Support Enforcement system for employers to verify the employ- NER, Mr. MICHAUD, Mr. MILLER of Program in accordance with 452(a) of the So- ment eligibility of potential employees, and Florida, Mr. BOSWELL, Mr. BROWN of cial Security Act; to the Committee on Ways for other purposes; to the Committee on the South Carolina, Ms. HERSETH and Means. Judiciary, and in addition to the Committees SANDLIN, Mr. SMITH of New Jersey, on Education and Labor, and Homeland Se- f Mr. DONNELLY, Mr. JONES of North curity, for a period to be subsequently deter- REPORTS OF COMMITTEES ON Carolina, Mr. RODRIGUEZ, Mr. mined by the Speaker, in each case for con- RAMSTAD, Mr. ELLSWORTH, Mr. HARE, PUBLIC BILLS AND RESOLUTIONS sideration of such provisions as fall within Mr. ARCURI, Mr. CARNEY, Mr. PATRICK the jurisdiction of the committee concerned. Under clause 2 of rule XIII, reports of MURPHY of Pennsylvania, Mr. SPACE, By Mr. GONZALEZ (for himself, Mr. Mr. KAGEN, Ms. CORRINE BROWN of committees were delivered to the Clerk GINGREY, Ms. VELA´ ZQUEZ, and Mr. Florida, Mr. ALLEN, Ms. BERKLEY, for printing and reference to the proper GENE GREEN of Texas): Mr. MCNERNEY, Mr. HALL of New calendar, as follows: H.R. 1952. A bill to amend title XI of the York, Mr. KENNEDY, Ms. CASTOR, Ms. Social Security Act to achieve a national Mr. DINGELL: Committee on Energy and SCHWARTZ, Mr. MAHONEY of Florida, health information infrastructure, and to Commerce. Supplemental report on H.R. 493. Mrs. NAPOLITANO, Mr. RYAN of Ohio, amend the Internal Revenue Code of 1986 to A bill to prohibit discrimination on the basis Mr. MEEK of Florida, Ms. LINDA T. increase the deduction under section 179 for of genetic information with respect to health SA´ NCHEZ of California, Mr. COURTNEY, the purchase of qualified health care infor- insurance and employment (Rept. 110–28, Pt. and Mr. MURPHY of Connecticut): 4). Ordered to be printed. H.R. 1944. A bill to amend title 38, United mation technology by medical care providers; to the Committee on Energy and f States Code, to direct the Secretary of Vet- erans Affairs to screen certain veterans for Commerce, and in addition to the Committee PUBLIC BILLS AND RESOLUTIONS symptoms of traumatic brain injury, and for on Ways and Means, for a period to be subse- other purposes; to the Committee on Vet- quently determined by the Speaker, in each Under clause 2 of rule XII, public case for consideration of such provisions as bills and resolutions were introduced erans’ Affairs. By Mr. SHAYS (for himself and Mr. fall within the jurisdiction of the committee and severally referred, as follows: HINCHEY): concerned. By Mr. DAVIS of Alabama (for himself, H.R. 1945. A bill to improve the energy effi- By Mr. GONZALEZ (for himself and Mr. BRADY of Texas, Mr. MCDERMOTT, ciency of the United States; to the Com- Mr. WEXLER): Mr. GINGREY, Mr. BONNER, Mr. mittee on Energy and Commerce, and in ad- H.R. 1953. A bill to require the establish- CRENSHAW, Mr. BOYD of Florida, Mr. dition to the Committees on Ways and ment of a Consumer Price Index for Elderly REICHERT, Mr. BAIRD, Mrs. MCMORRIS Means, Natural Resources, Transportation Consumers to compute cost-of-living in- RODGERS, Mr. SCOTT of Georgia, Mr. and Infrastructure, and Science and Tech- creases for Social Security benefits under HASTINGS of Washington, Mr. JONES nology, for a period to be subsequently deter- title II of the Social Security Act; to the of North Carolina, and Mr. WALDEN of mined by the Speaker, in each case for con- Committee on Ways and Means, and in addi- Oregon): sideration of such provisions as fall within tion to the Committee on Education and H.R. 1937. A bill to amend the Internal Rev- the jurisdiction of the committee concerned. Labor, for a period to be subsequently deter- enue Code of 1986 to allow a deduction for By Mr. BONNER: mined by the Speaker, in each case for con- qualified timber gains and to modernize cer- H.R. 1946. A bill to extend Federal recogni- sideration of such provisions as fall within tain provisions applicable to timber real es- tion to the Mowa Band of Choctaw Indians of the jurisdiction of the committee concerned.

VerDate Aug 31 2005 04:24 May 13, 2007 Jkt 059060 PO 00000 Frm 00131 Fmt 7634 Sfmt 0634 E:\RECORD07\H19AP7.REC H19AP7 mmaher on PROD1PC69 with CONG-REC-ONLINE H3694 CONGRESSIONAL RECORD — HOUSE April 19, 2007 By Mr. GRIJALVA: By Mr. NADLER (for himself, Mr. for the delivery of water, and for other pur- H.R. 1954. A bill to amend the Internal Rev- ABERCROMBIE, Mr. ACKERMAN, Mr. poses; to the Committee on Natural Re- enue Code of 1986 to allow Indian tribal gov- ALLEN, Mr. ARCURI, Ms. BALDWIN, Ms. sources. ernments to transfer the credit for elec- BERKLEY, Mr. BERMAN, Mr. By Mr. VAN HOLLEN (for himself, Mr. tricity produced from renewable resources; BLUMENAUER, Mr. BOUCHER, Mrs. CASTLE, Ms. DELAURO, Mr. REGULA, to the Committee on Ways and Means. CAPPS, Mr. COHEN, Mr. CONYERS, Mr. and Mr. SARBANES): By Ms. HARMAN (for herself and Mr. DAVIS of Illinois, Mrs. DAVIS of Cali- H.R. 1971. A bill to provide for recruiting, REICHERT): fornia, Mr. DEFAZIO, Mr. ELLISON, selecting, training, and supporting a na- H.R. 1955. A bill to prevent homegrown ter- Mr. EMANUEL, Mr. FARR, Mr. FATTAH, tional teacher corps in underserved commu- rorism, and for other purposes; to the Com- Mr. FILNER, Mr. FRANK of Massachu- nities; to the Committee on Education and mittee on Homeland Security, and in addi- setts, Mr. GRIJALVA, Ms. HARMAN, Labor. ´ tion to the Committee on the Judiciary, for Ms. HIRONO, Mr. HOLT, Mr. HONDA, By Ms. VELAZQUEZ (for herself, Mr. a period to be subsequently determined by Mr. INSLEE, Ms. JACKSON-LEE of HASTINGS of Florida, Ms. JACKSON- the Speaker, in each case for consideration Texas, Mr. JACKSON of Illinois, Mr. LEE of Texas, Mr. SERRANO, and Mrs. of such provisions as fall within the jurisdic- KUCINICH, Mr. LANTOS, Mr. LARSEN of CHRISTENSEN): tion of the committee concerned. Washington, Ms. LEE, Mr. LOEBSACK, H.R. 1972. A bill to amend the Public Health Service Act to prohibit discrimina- By Mr. INSLEE (for himself, Mr. GENE Mrs. LOWEY, Ms. MATSUI, Ms. MCCOL- tion regarding exposure to hazardous sub- GREEN of Texas, and Ms. BALDWIN): LUM of Minnesota, Mr. MCDERMOTT, H.R. 1956. A bill to amend the Public stances, and for other purposes; to the Com- Mrs. MALONEY of New York, Mr. MIL- Health Service Act to provide for the ap- mittee on Energy and Commerce. LER of North Carolina, Mr. MORAN of proval of similar biological products, and for By Mr. WELDON of Florida (for him- Virginia, Mr. OLVER, Mr. PORTER, Ms. other purposes; to the Committee on Energy self, Mrs. MALONEY of New York, Mr. LINDA T. SA´ NCHEZ of California, Ms. and Commerce. BURTON of Indiana, and Mr. SMITH of SCHAKOWSKY, Mr. SHAYS, Ms. By Mr. INSLEE (for himself, Mr. New Jersey): SLAUGHTER, Ms. SOLIS, Mr. STARK, GILCHREST, and Mr. HINCHEY): H.R. 1973. A bill to improve vaccine safety H.R. 1957. A bill to permanently prohibit Ms. SUTTON, Mr. THOMPSON of Cali- research, and for other purposes; to the Com- oil and gas leasing in the North Aleutian fornia, Mr. TOWNS, Ms. WATSON, Mr. mittee on Energy and Commerce. Basin Planning Area, and for other purposes; WAXMAN, Mr. WEINER, Mr. WEXLER, By Mr. WOLF (for himself, Mr. and Ms. WOOLSEY): to the Committee on Natural Resources. FORTENBERRY, Mr. MORAN of Vir- H.R. 1964. A bill to protect, consistent with By Ms. KAPTUR: ginia, Mr. MCGOVERN, Mr. UPTON, Mr. Roe v. Wade, a woman’s freedom to choose to H.R. 1958. A bill to withdraw normal trade HAYES, Ms. JACKSON-LEE of Texas, bear a child or terminate a pregnancy, and relations treatment from, and apply certain Mr. LINCOLN DIAZ-BALART of Florida, for other purposes; to the Committee on the provisions of title IV of the Trade Act of 1974 Mr. AKIN, Mr. BURTON of Indiana, Mr. Judiciary. to, the products of the People’s Republic of ROGERS of Michigan, Mrs. MYRICK, By Mr. POMEROY (for himself and Mr. China; to the Committee on Ways and Mr. GARRETT of New Jersey, Mrs. JO Means. LEWIS of Kentucky): H.R. 1965. A bill to amend the Internal Rev- ANN DAVIS of Virginia, Mr. TOM By Mr. LEWIS of Kentucky: DAVIS of Virginia, Ms. NORTON, Mr. H.R. 1959. A bill to amend the Internal Rev- enue Code of 1986 to modify the credit to holders of clean renewable energy bonds; to VAN HOLLEN, and Mr. HOYER): enue Code of 1986 to permit interest on feder- H.R. 1974. A bill to amend the Internal Rev- the Committee on Ways and Means. ally guaranteed water, wastewater, and es- enue Code of 1986 to exclude from gross in- By Ms. PRYCE of Ohio: sential community facilities loans to be tax come certain combat zone compensation of exempt; to the Committee on Ways and H.R. 1966. A bill to fully exempt persons with disabilities from the prohibition civilian employees of the United States; to Means. the Committee on Ways and Means. against providing section 8 rental assistance By Mr. LYNCH (for himself and Mr. AL By Mr. AKIN (for himself, Mr. CLAY, to college students; to the Committee on Fi- GREEN of Texas): Mr. PASTOR, Mrs. CUBIN, Mr. GRAVES, nancial Services. H.R. 1960. A bill to amend the Community and Mrs. EMERSON): By Mr. ROSKAM (for himself and Mr. Reinvestment Act of 1977 to allow commu- H. Con. Res. 120. Concurrent resolution ex- nity reinvestment credit for investments and MARSHALL): pressing the sense of Congress that the Fed- H.R. 1967. A bill to amend the Gramm- other financial support to enable veterans to eral government and the people of the United Leach-Bliley Act to provide an exception purchase residential homes or to assist orga- States should honor the spirit of vol- from the continuing requirement for annual nizations with the establishment of housing unteerism and personal growth promoted by opportunities and assisted living facilities privacy notices for financial institutions the Congressional Award Program; to the for veterans; to the Committee on Financial which do not share personal information Committee on Education and Labor. Services. with affiliates, and for other purposes; to the By Mr. COOPER (for himself and Mr. Committee on Financial Services. By Mr. MARKEY (for himself, Mr. PORTER): BARTLETT of Maryland, Mr. LARSON By Ms. SOLIS (for herself and Mr. H. Con. Res. 121. Concurrent resolution rec- of Connecticut, Ms. ESHOO, Ms. SOLIS, WYNN): ognizing the benefits and importance of H.R. 1968. A bill to amend the Public Mr. HALL of New York, Mr. school-based music education, and for other Health Service Act to provide grants to pro- MCDERMOTT, and Mr. OLVER): purposes; to the Committee on Education H.R. 1961. A bill to address security risks mote positive health behaviors in women and and Labor. posed by global climate change, and for children; to the Committee on Energy and By Mrs. McCARTHY of New York (for other purposes; to the Committee on Intel- Commerce. herself, Mrs. MYRICK, and Mrs. ligence (Permanent Select), and in addition By Mr. TERRY: CAPPS): to the Committees on Armed Services, and H.R. 1969. A bill to exempt from payment H. Res. 322. A resolution supporting the Foreign Affairs, for a period to be subse- of individual contributions under the Mont- goals of National Infertility Awareness Week quently determined by the Speaker, in each gomery GI Bill enlisted members of the to raise awareness about the disease of infer- case for consideration of such provisions as Armed Forces in pay grade E-5 or below and tility and the challenges men and women fall within the jurisdiction of the committee to provide an opportunity for members of the face in building a family, including pro- concerned. Armed Forces serving on active duty to tecting fertility, and for other purposes; to By Mrs. McCARTHY of New York (for withdraw an election not to enroll in edu- the Committee on Energy and Commerce. herself and Mr. BISHOP of New York): cation benefits under the Montgomery GI By Mr. EMANUEL: H.R. 1962. A bill to authorize the Secretary Bill; to the Committee on Veterans’ Affairs, H. Res. 323. A resolution electing Members of Homeland Security to award competitive and in addition to the Committee on Armed to a certain standing committee of the grants to units of local government for inno- Services, for a period to be subsequently de- House of Representatives; considered and vative programs that address expenses in- termined by the Speaker, in each case for agreed to. curred in responding to the needs of undocu- consideration of such provisions as fall with- By Ms. CARSON (for herself and Mr. mented immigrants; to the Committee on in the jurisdiction of the committee con- LOEBSACK): the Judiciary, and in addition to the Com- cerned. H. Res. 324. A resolution honoring the life mittee on Energy and Commerce, for a pe- By Mr. UDALL of New Mexico: and accomplishments of Kurt Vonnegut, Jr. riod to be subsequently determined by the H.R. 1970. A bill to amend the Colorado and extending the condolences of the House Speaker, in each case for consideration of River Storage Project Act and Public Law of Representatives to his family on the occa- such provisions as fall within the jurisdic- 87-483 to authorize the construction and re- sion of his death; to the Committee on Over- tion of the committee concerned. habilitation of water infrastructure in sight and Government Reform. By Mrs. MUSGRAVE: Northwestern New Mexico, to authorize the By Mr. STUPAK (for himself, Mr. ROG- H.R. 1963. A bill to establish the Granada use of the reclamation fund to fund the Rec- ERS of Michigan, Mr. KILDEE, Mr. Relocation Center National Historic Site as lamation Water Settlements Fund, to au- CONYERS, Mr. LEVIN, Ms. KILPATRICK, an affiliated unit of the National Park Sys- thorize the conveyance of certain Reclama- Mr. WALBERG, Mr. EHLERS, Mr. CAMP tem; to the Committee on Natural Re- tion land and infrastructure, to authorize of Michigan, Mr. MCCOTTER, Mr. DIN- sources. the Commissioner of Reclamation to provide GELL, Mrs. MILLER of Michigan, Mr.

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HOEKSTRA, Mr. KNOLLENBERG, Mr. 24. Also, a memorial of the House of Rep- H.R. 618: Mrs. SCHMIDT. UPTON, Mr. WILSON of South Caro- resentatives of the State of Vermont, rel- H.R. 621: Ms. ZOE LOFGREN of California lina, Mr. KANJORSKI, Mr. RAHALL, Mr. ative to House Resolution No. 14 requesting and Mr. BOUSTANY. KAGEN, Mr. HOLDEN, Mr. CARNEY, Mr. that the Congress of the United States enact H.R. 627: Mr. SPACE. DOYLE, Mr. KIND, Mr. BUTTERFIELD, assured funding for veterans’ health care; to H.R. 643: Mr. GOODE, Mr. BACHUS, Mr. LIN- Mr. DAVIS of Illinois, and Mrs. EMER- the Committee on Veterans’ Affairs. COLN DIAZ-BALART of Florida, Mr. LAHOOD, SON): 25. Also, a memorial of the Senate of the Mr. ENGEL, Mr. ABERCROMBIE, and Mr. MAN- H. Res. 325. A resolution commending the State of Michigan, relative to Senate Reso- ZULLO. Michigan State University Spartans for their lution No. 10 memorializing the President of H.R. 685: Mr. PRICE of North Carolina, Mr. victory in the 2007 NCAA Hockey Champion- the United States and the Congress of the FOSSELLA, Ms. ESHOO, Ms. SUTTON, Mr. ship; to the Committee on Education and United States to increase funding for the LAMPSON, and Ms. NORTON. Labor. Low Income Home Energy Assistance Pro- H.R. 689: Mr. HALL of Texas. gram and to facilitate the establishment of H.R. 695: Mr. PASTOR. MEMORIALS programs that provide information about re- H.R. 697: Mr. JORDAN, Mr. KING of Iowa, Under clause 3 of rule XII, memorials sponsible energy use; jointly to the Commit- and Mr. BARTLETT of Maryland. were presented and referred as follows: tees on Energy and Commerce and Education H.R. 719: Mr. REHBERG, Ms. GINNY BROWN- WAITE of Florida, Mr. SESSIONS, Mr. TAYLOR, 15. The SPEAKER presented a memorial of and Labor. Mr. MCINTYRE, Mr. TOWNS, Mr. KUHL of New the Legislature of the State of Kansas, rel- 26. Also, a memorial of the Legislature of York, Mr. MCNERNEY, and Mr. KAGEN. ative to Senate Concurrent Resolution No. the State of Idaho, relative to Senate Joint H.R. 729: Mr. KILDEE. 1604 urging the Congress of the United States Memorial No. 107 supporting the goals of the H.R. 782: Mr. BRALEY of Iowa, Mr. CARNEY, to allow interstate marketing of state in- Global Nuclear Energy Partnership; jointly to the Committees on Agriculture, Natural Mr. TAYLOR, and Mr. BARRETT of South Caro- spected meat; to the Committee on Agri- lina. culture. Resources, and Appropriations. H.R. 840: Mr. JACKSON of Illinois and Mr. 16. Also, a memorial of the Legislature of f LEWIS of Kentucky. the State of Idaho, relative to Senate Joint ADDITIONAL SPONSORS H.R. 871: Mr. CUMMINGS. Memorial No. 103 supporting the Sportsmen H.R. 891: Mr. MCNULTY, Mr. PASCRELL, Ms. Under clause 7 of rule XII, sponsors for Fish and Wildlife and urging the Congress CARSON, and Mr. UDALL of Colorado. of the United States to grant the appropria- were added to public bills and resolu- H.R. 901: Mr. WYNN. tion request; to the Committee on Appro- tions as follows: H.R. 916: Mr. KENNEDY, Mr. WAMP, Mr. priations. H.R. 20: Mr. AL GREEN of Texas, Mr. FRANK LANTOS, and Mr. YOUNG of Florida. 17. Also, a memorial of the Senate of the of Massachusetts, Ms. SOLIS, Mrs. EMERSON, H.R. 964: Mr. MCHUGH and Mr. MCNERNEY. State of West Virginia, relative to Senate Mr. TOWNS, Mr. DAVIS of Alabama, Mr. CLAY, H.R. 970: Mr. HALL of Texas. Resolution No. 9 expresing full support for Ms. CLARKE, Mr. CLEAVER, Mr. CLYBURN, Mr. H.R. 971: Mr. SPACE, and Mr. COURTNEY. the United States troops participating in the GONZALEZ, Mr. LEWIS of Georgia, Mr. RA- H.R. 989: Mr. SHAYS and Mr. MARCHANT. War on Terror; to the Committee on Armed HALL, Mr. PASTOR, Mr. BECERRA, Ms. LORET- H.R. 1022: Ms. HARMAN and Mr. HOLT. Services. TA SANCHEZ of California, Mr. BOSWELL, Ms. H.R. 1023: Mr. GERLACH, Mr. LINCOLN DAVIS 18. Also, a memorial of the Legislature of WATSON, Ms. EDDIE BERNICE JOHNSON of of Tennessee, Mr. BARTLETT of Maryland, the State of West Virginia, relative to Sen- Texas, Mr. MEEKS of New York, Mr. WYNN, Mr. ISSA, Mr. DAVID DAVIS of Tennessee, and ate Concurrent Resolution No. 32 requesting Ms. KILPATRICK, Ms. VELA´ ZQUEZ, Mr. Mr. LINCOLN DIAZ-BALART of Florida. the Congress of the United States enact leg- SERRANO, Mr. JOHNSON of Georgia, Ms. H.R. 1026: Mr. KIND. islation to lower the retirement age for WASSERMAN SCHULTZ, Mrs. MCCARTHY of New H.R. 1029: Mr. DUNCAN, Mr. BRALEY of Iowa, members of the National Guard to 55; to the York, Mr. GUTIERREZ, Mr. GENE GREEN of and Mr. DAVID DAVIS of Tennessee. Committee on Armed Services. Texas, Mr. ELLISON, Mr. REYES, Mr. DON- H.R. 1034: Mr. ANDREWS. 19. Also, a memorial of the House of Rep- NELLY, Mr. JEFFERSON, Mr. SKELTON, Ms. H.R. 1041: Mr. MCHUGH. resentatives of the State of Michigan, rel- LEE, and Mr. THOMPSON of Mississippi. H.R. 1071: Mr. LANTOS. ative to House Resolution No. 40 memori- H.R. 39: Mr. OBEY. H.R. 1073: Mr. PETERSON of Minnesota, Mr. alizing the Congress of the United States to H.R. 65: Mr. MITCHELL. BURTON of Indiana, Mr. ENGLISH of Pennsyl- invest in Head Start and quality child care; H.R. 77: Mr. PAUL and Mr. HENSARLING. vania, and Mr. HINOJOSA. to the Committee on Education and Labor. H.R. 109: Mr. BURGESS. H.R. 1092: Mr. CARNEY and Mr. KLEIN of 20. Also, a memorial of the House of Rep- H.R. 154: Mr. UPTON. Florida. resentatives of the State of Kansas, relative H.R. 174: Mr. MCDERMOTT and Mr. H.R. 1103: Mr. MCDERMOTT, Ms. CARSON, to House Resolution No. 6011 urging the HINOJOSA. Ms. WATSON, Mr. NADLER, Ms. CORRINE United States Department of Energy to dou- H.R. 180: Mr. ETHERIDGE, Mr. MURPHY of BROWN of Florida, and Mr. JACKSON of Illi- ble the current capacity of the Strategic Pe- Connecticut, and Ms. SUTTON. nois. troleum Reserve by using storage sites exist- H.R. 197: Mr. LATHAM and Mr. YOUNG of H.R. 1104: Mr. KUCINICH. ing and created within the State of Kansas; Alaska. H.R. 1108: Ms. SUTTON and Mr. FARR. to the Committee on Energy and Commerce. H.R. 297: Mr. BISHOP of New York and Mr. H.R. 1115: Mr. PASTOR. 21. Also, a memorial of the Legislature of ENGEL. H.R. 1121: Mr. GARRETT of New Jersey. the State of Idaho, relative to Senate Joint H.R. 315: Mr. HELLER. H.R. 1154: Mr. NEUGEBAUER, Mr. CONYERS, Memorial No. 105 commending the Republic H.R. 322: Mr. WELDON of Florida, Mr. and Mr. HENSARLING. of China (Taiwan) for its close economic and WALBERG, Mr. WAMP, Mr. ALEXANDER, Mr. H.R. 1177: Mr. GOODE. business ties with the State of Idaho and PRICE of Georgia, Mr. KING of Iowa, Mr. H.R. 1222: Ms. WOOLSEY, Mr. BILIRAKIS, Mr. urging the President of the United States WESTMORELAND, Mr. GOHMERT, Mr. SAM MCCOTTER, and Mr. LAHOOD. and the Congress of the United States to ex- JOHNSON of Texas, Mr. GARRETT of New Jer- H.R. 1223: Mr. BILIRAKIS and Mr. tend the benefits of free trade by negotiating sey, Mr. WICKER, Mr. HENSARLING, Mr. MCCOTTER. a free trade agreement between the United TIAHRT, Mr. PEARCE, Mrs. MYRICK, Mr. H.R. 1225: Mr. BERMAN. States and Taiwan; to the Committee on HAYES, Mr. LEWIS of Kentucky, and Mr. H.R. 1230: Mr. JONES of North Carolina, Mr. Foreign Affairs. BROWN of South Carolina. CARDOZA, Mr. JEFFERSON, Mr. LEWIS of Geor- 22. Also, a memorial of the House of Rep- H.R. 381: Mr. KIND and Ms. CARSON. gia, Mr. FRANK of Massachusetts, Ms. resentatives of the State of Iowa, relative to H.R. 402: Mr. RAHALL. SLAUGHTER, Mrs. JONES of Ohio, Mrs. MCCAR- House Resolution No. 25 honoring the life H.R. 465: Ms. BORDALLO. THY of New York, and Mr. LINDER, and accomplishments of Gerald Rudolph H.R. 471: Mr. JOHNSON of Illinois, Mr. CAN- H.R. 1236: Mr. PAYNE, Mr. BERMAN, Mr. WU, Ford, thirty-eighth President of the United NON, Ms. JACKSON-LEE of Texas, Mr. BAKER, Mr. BOSWELL, and Mr. PRICE of North Caro- States; to the Committee on Oversight and Mr. WELLER, Mr. PORTER, Mr. EHLERS, Mr. lina. Government Reform. DAVIS of Kentucky, Mr. JONES of North Caro- H.R. 1239: Mr. BURTON of Indiana. 23. Also, a memorial of the Legislature of lina, Mr. SMITH of Texas, Mr. CARDOZA, and H.R. 1245: Mr. CASTLE and Mr. ANDREWS. the State of West Virginia, relative to Sen- Mr. ORTIZ. H.R. 1267: Mr. ENGEL and Mr. WHITFIELD. ate Concurrent Resolution No. 43 requesting H.R. 500: Mr. BARRETT of South Carolina. H.R. 1280: Mr. UDALL of Colorado and Ms. the Congress of the United States erect a na- H.R. 507: Ms. BALDWIN, Mr. BUTTERFIELD, HIRONO. tional monument to motherhood to be lo- and Mr. LATOURETTE. H.R. 1282: Mr. ABERCROMBIE and Mr. MORAN cated in West Virginia, with special empha- H.R. 553: Mr. WALBERG, Mr. ROTHMAN, Ms. of Virginia. sis place on mothers whose children have BALDWIN, and Mr. JACKSON of Illinois. H.R. 1314: Mr. KING of New York and Mr. served in the armed forces of the United H.R. 562: Mr. MELANCON and Mr. KILDEE. SHADEGG. States and especially those mothers whose H.R. 579: Mr. PERLMUTTER, Mr. GONZALEZ, H.R. 1325: Ms. BERKLEY and Mr. KAGEN. children have given their lives in service to Ms. DELAURO, and Mr. PORTER. H.R. 1330: Ms. BERKLEY. their country; to the Committee on Natural H.R. 612: Mr. BURTON of Indiana and Mrs. H.R. 1331: Mr. ALLEN, Ms. BERKLEY, Mr. Resources. GILLIBRAND. BOSWELL, Ms. DELAURO, Mr. FATTAH, Mr.

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HINCHEY, Mr. HINOJOSA, Mr. JACKSON of Illi- H.R. 1665: Mr. LINCOLN DAVIS of Tennessee, H. Con. Res. 117: Mr. BROWN of South Caro- nois, Mr. MARKEY, Mr. MCCOTTER, Mr. MEEKS Ms. MCCOLLUM of Minnesota, and Ms. BALD- lina, Mr. SKELTON, Mr. CULBERSON, Mr. TAY- of New York, Mr. BRADY of Pennsylvania, WIN. LOR, Mr. BARTLETT of Maryland, Mr. JONES Mr. RUSH, and Mr. STARK, H.R. 1674: Mr. BROWN of South Carolina. of North Carolina, Mr. MCCOTTER, Mr. DUN- H.R. 1332: Mrs. MALONEY of New York and H.R. 1689: Mr. MCKEON and Ms. WATSON. CAN, Mr. LAHOOD, Mr. PLATTS, Mr. MCHUGH, Mr. LIPINSKI. H.R. 1700: Ms. BERKLEY, Mr. NADLER, Mr. Mr. SHAYS, and Mr. BILBRAY. H.R. 1335: Mr. BROWN of South Carolina, REYES, Mr. ELLISON, Mr. LATOURETTE, Mr. H. Res. 18: Mr. CAMPBELL of California. Mr. CLYBURN, and Mr. SPRATT, CONYERS, Mr. SCHIFF, Mr. RYAN of Ohio, Mr. H. Res. 55: Ms. ZOE LOFGREN of California. H.R. 1343: Mr. BARROW, Mr. INSLEE, Mr. ANDREWS, Mr. STUPAK, Mr. REICHERT, Mr. H. Res. 100: Mr. JACKSON of Illinois and Ms. BOSWELL, Mr. UPTON, Ms. BALDWIN, Ms. RAMSTAD, Mr. HIGGINS, and Ms. BORDALLO. BEAN. EDDIE BERNICE JOHNSON of Texas, Ms. WOOL- H.R. 1702: Mr. FARR and Ms. MOORE of Wis- H. Res. 101: Ms. BERKLEY. SEY, Mrs. GILLIBRAND, Mr. MELANCON, Mr. consin. H. Res. 106: Mr. BISHOP of New York, Mr. LATHAM, Ms. GRANGER, and Mr. CANNON. H.R. 1709: Mr. KUHL of New York and Ms. TANCREDO, and Mr. BRALEY of Iowa. H.R. 1350: Mr. SENSENBRENNER. WOOLSEY. H. Res. 111: Ms. GINNY BROWN-WAITE of H.R. 1366: Mr. TANCREDO, Mrs. BONO, and H.R. 1711: Mr. CONYERS. Florida. Mr. MCCARTHY of California. H.R. 1713: Ms. JACKSON-LEE of Texas, Mr. H. Res. 118: Mr. GUTIERREZ. H.R. 1379: Ms. ESHOO. MCNULTY, Mr. BERMAN, and Mr. OLVER. H. Res. 123: Mr. KELLER. H.R. 1391: Mr. BERMAN. H.R. 1728: Ms. SOLIS and Mr. HINCHEY. H. Res. 132: Mr. GONZALEZ and Ms. NORTON. H.R. 1395: Mr. PAUL. H.R. 1741: Mr. DAVIS of Illinois. H. Res. 154: Mr. RAHALL. H.R. 1747: Ms. SLAUGHTER. H.R. 1399: Mr. BISHOP of Georgia. H. Res. 194: Ms. BORDALLO. H.R. 1756: Mrs. MYRICK, Mrs. JO ANN DAVIS H.R. 1407: Mr. PAUL. H. Res. 227: Mr. BLUMENAUER. of Virginia, Mr. CARNEY, Mr. FRANKS of Ari- H.R. 1419: Mrs. CAPITO, Mr. ABERCROMBIE, H. Res. 243: Mr. PITTS. zona, and Mr. DOOLITTLE. Mrs. CAPPS, Mr. KILDEE, Mr. BONNER, Mrs. H. Res. 245: Ms. JACKSON-LEE of Texas, Mr. H.R. 1764: Mr. COSTA, Mr. WAMP, and Mr. TAUSCHER, and Mr. WALBERG. AL GREEN of Texas, and Mr. STARK. RANGEL. H.R. 1431: Mr. BOOZMAN. H. Res. 264: Mr. ARCURI and Mr. RANGEL. H.R. 1766: Mr. FORBES and Mr. BARTLETT of H.R. 1439: Ms. EDDIE BERNICE JOHNSON of H. Res. 272: Mr. WU, Mr. JOHNSON of Geor- Maryland. Texas and Mr. BISHOP of Georgia. gia, Ms. MILLENDER-MCDONALD, Ms. EDDIE H.R. 1767: Ms. HOOLEY, Mr. HENSARLING, H.R. 1440: Mr. BOSWELL. BERNICE JOHNSON of Texas, Mr. TOWNS, Mr. Mr. TOWNS, Mr. PRICE of North Carolina, Mr. H.R. 1441: Mr. ACKERMAN and Ms. CARSON. CLYBURN, Mr. MEEK of Florida, and Ms. CAS- SHERMAN, Mr. TERRY, Mr. GOODE, Mr. BUR- H.R. 1459: Mr. MANZULLO. TOR. GESS, Mr. LAHOOD, Mr. HASTINGS of Florida, H.R. 1464: Mr. UDALL of Colorado and Ms. H. Res. 282: Ms. HIRONO, Ms. LORETTA Mr. WAMP, Mr. MOORE of Kansas, Mr. BORDALLO. SANCHEZ of California, Ms. BERKLEY, Mr. HULSHOF, Mr. PUTNAM, and Ms. EDDIE BER- H.R. 1470: Mr. PAUL, Mr. BOSWELL, Mr. RYAN of Ohio, Ms. LINDA T. SA´ NCHEZ of Cali- NICE JOHNSON of Texas. LOEBSACK, and Mr. BILIRAKIS. fornia, Mr. BACA, Mrs. TAUSCHER, Ms. H.R. 1773: Mr. LINCOLN DAVIS of Tennessee, H.R. 1471: Mr. PAUL. CORRINE BROWN of Florida, Mr. HINCHEY, Mr. Mrs. EMERSON, and Mrs. MILLER of Michigan. H.R. 1479: Mr. FARR and Ms. JACKSON-LEE DINGELL, and Mr. BECERRA. H.R. 1781: Mr. DAVIS of Alabama, Mr. of Texas. H. Res. 287: Ms. JACKSON-LEE of Texas, Mr. DELAHUNT, and Ms. SHEA-PORTER. H.R. 1481: Mr. LEWIS of Kentucky, Mr. LINCOLN DIAZ-BALART of Florida, and Mr. H.R. 1809: Mr. YOUNG of Florida. REYES, Mrs. JO ANN DAVIS of Virginia, and MEEK of Florida. H.R. 1823: Mr. PLATTS. Mr. ETHERIDGE. H. Res. 292: Ms. BORDALLO. H.R. 1834: Ms. BORDALLO. H.R. 1501: Mr. HINOJOSA. H. Res. 303: Mr. ORTIZ. H.R. 1840: Mr. LEWIS of Georgia, Mrs. H.R. 1522: Mr. MORAN of Virginia, Mr. H. Res. 307: Ms. MATSUI, Mr. RUSH, Mr. MCCARTHY of New York, Ms. ZOE LOFGREN of MCCOTTER, and Mr. STARK. KUCINICH, Mr. PAYNE, Mr. DAVIS of Alabama, California, and Mr. COLE of Oklahoma. H.R. 1524: Mr. UDALL of New Mexico, Mr. H.R. 1841: Ms. BALDWIN. Mr. GUTIERREZ, Mrs. JONES of Ohio, Mr. HIN- WAXMAN, and Ms. MCCOLLUM of Minnesota. H.R. 1845: Mr. LATOURETTE and Mrs. CHEY, Ms. KILPATRICK, Mr. COSTELLO, Ms. H.R. 1546: Mr. FILNER. TAUSCHER. EDDIE BERNICE JOHNSON of Texas, Mr. TOWNS, H.R. 1553: Ms. MATSUI and Mr. UPTON. H.R. 1871: Mr. MCGOVERN and Mr. POE. Ms. LORETTA SANCHEZ of California, Ms. H.R. 1582: Mrs. NAPOLITANO. H.R. 1880: Mr. CONYERS. MOORE of Wisconsin, Mr. MCDERMOTT, Ms. H.R. 1584: Mr. PLATTS, Mr. KILDEE, Mr. H.R. 1926: Mr. HIGGINS, Mr. SHIMKUS, Mr. WATSON, Mrs. JO ANN DAVIS of Virginia, and TIAHRT, Mr. BACHUS, Mr. TOM DAVIS of Vir- SIRES, Mr. MCNULTY, Mr. WILSON of South Mr. CONYERS. ginia, Ms. HOOLEY, Ms. CARSON, Mr. Carolina, Mrs. JO ANN DAVIS of Virginia, Mr. H. Res. 314: Mr. FERGUSON, Mr. GOHMERT, MCCOTTER, Mr. WELCH of Vermont, Mr. ROSS, Mr. ABERCROMBIE, Ms. JACKSON-LEE of and Mr. TOWNS. BLUMENAUER, Mr. DEFAZIO, and Mr. SPACE. Texas, and Mr. OBERSTAR. f H.R. 1589: Mr. DEFAZIO, Ms. CARSON, Mr. H.J. Res. 12: Mr. YOUNG of Florida. BOOZMAN, Mr. EDWARDS, Mr. MILLER of Flor- H. Con. Res. 7: Mr. ACKERMAN, Mr. BRADY CONGRESSIONAL EARMARKS, LIM- ida, Mr. CRENSHAW, and Mr. BURTON of Indi- of Pennsylvania, Ms. CORRINE BROWN of Flor- ana. ida, Mr. VAN HOLLEN, Mr. HIGGINS, Mrs. ITED TAX BENEFITS, OR LIM- H.R. 1590: Mr. ANDREWS. MALONEY of New York, Mr. HINCHEY, Mr. ITED TARIFF BENEFITS H.R. 1593: Mr. BRADY of Pennsylvania, Mr. WEXLER, Mr. MURPHY of Connecticut, Mr. Under clause 9 of rule XXI, lists or CAPUANO, Mrs. CHRISTENSEN, Mr. ENGLISH of SHIMKUS, Mr. MANZULLO, and Ms. SUTTON. statements on congressional earmarks, Pennsylvania, Mr. FILNER, Mr. CONAWAY, Mr. H. Con. Res. 40: Mr. LATOURETTE, Mr. MAR- limited tax benefits, or limited tariff KUCINICH, Ms. ZOE LOFGREN of California, Mr. SHALL, Mr. FRANKs of Arizona, and Mr. MCCOTTER, Ms. MILLENDER-MCDONALD, Mr. HUNTER. benefits were submitted as follows: PLATTS, Mr. SERRANO, Ms. SOLIS, Mr. WATT, H. Con. Res. 55: Ms. WATSON. The amendment to be offered by Rep- Mr. ROGERS of Michigan, Mr. RUSH, Mr. H. Con. Res. 81: Mr. WAXMAN and Mr. RAN- resentative GORDON or a designee to H.R. 362, WELCH of Vermont, Ms. SUTTON, and Mr. GEL. the 10,000 Teachers, 10 Million Minds Science WOLF. H. Con. Res. 83: Mr. MCCOTTER. and Math Scholarship Act, does not contain H.R. 1594: Mr. KANJORSKI, Ms. SCHWARTZ, H. Con. Res. 94: Mr. WAXMAN. any congressional earmarks, limited tax and Mr. BILIRAKIS. H. Con. Res. 95: Mr. GORDON, Mr. GRIJALVA, benefits, or limited tariff benefits as defined H.R. 1595: Mr. GALLEGLY. Mr. HOLT, and Ms. SOLIS. in clause 9(d), 9(e), or 9(f) of rule XXI. H.R. 1610: Mr. KILDEE. H. Con. Res. 96: Mr. BAIRD, Ms. MCCOLLUM H.R. 1619: Mr. KNOLLENBERG and Mr. of Minnesota, and Ms. LINDA T. SA´ NCHEZ of f EHLERS. California. H.R. 1638: Mr. SMITH of New Jersey, Mr. H. Con. Res. 114: Mr. SCOTT of Virginia, Mr. DELETIONS OF SPONSORS FROM BISHOP of New York, and Mr. SIRES. WATT, Ms. JACKSON-LEE of Texas, Ms. MOORE PUBLIC BILLS AND RESOLUTIONS H.R. 1645: Mr. BISHOP of New York. of Wisconsin, Mr. LEWIS of Georgia, Mr. Under clause 7 of rule XII, sponsors H.R. 1649: Mrs. BOYDA of Kansas and Mrs. RUSH, Mr. AL GREEN of Texas, Mr. MUSGRAVE. BUTTERFIELD, Mr. ELLISON, Ms. LEE, Ms. were deleted from public bills and reso- H.R. 1653: Ms. BALDWIN, Mr. HOLT, and Mr. CLARKE, Mr. PAYNE, Ms. WATSON, Ms. KIL- lutions as follows: SMITH of Washington. PATRICK, and Mr. CLAY. H.R. 1593: Mr. JONES of North Carolina.

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Vol. 153 WASHINGTON, THURSDAY, APRIL 19, 2007 No. 63 Senate The Senate met at 9:30 a.m. and was The bill clerk read the following let- Dr. Barry Black, for his willingness called to order by the Honorable ROB- ter: and kindness in inviting Tim Smith to ERT P. CASEY, Jr., a Senator from the U.S. SENATE, be with us today. State of Pennsylvania. PRESIDENT PRO TEMPORE, Mr. President, I welcome Tim Smith, The PRESIDING OFFICER. Today’s Washington, DC, April 19, 2007. Minister of Valley Presbyterian opening prayer will be offered by our To the Senate: Church, to Washington and to the Sen- guest Chaplain, Dr. Tim Smith, Valley Under the provisions of rule 1, paragraph 3, ate. Presbyterian Church, Paradise Valley, of the Standing Rules of the Senate, I hereby appoint the Honorable ROBERT P. CASEY, Jr., f AZ. a Senator from the State of Pennsylvania, to perform the duties of the Chair. RECOGNITION OF THE MAJORITY PRAYER ROBERT C. BYRD, LEADER The guest Chaplain offered the fol- President pro tempore. The ACTING PRESIDENT pro tem- lowing prayer: Mr. CASEY thereupon assumed the pore. The majority leader is recog- Shall we pray. chair as Acting President pro tempore. nized. O Lord Most High and so near, before f whom all the nations rise and fall, it is f THE GUEST CHAPLAIN not mere custom that we begin with The ACTING PRESIDENT pro tem- REMEMBERING THE WARSAW prayer, but our deep sense of need for UPRISING You. On this April morning we cherish pore. The majority leader is recog- the memory of another April morning nized. Mr. REID. Mr. President, the distin- and the Minutemen of Lexington and Mr. REID. Mr. President, I yield to guished visiting Chaplain mentioned Concord who answered the midnight the distinguished junior Senator from the Revolutionary War event, and that cry of Paul Revere, and they took their the State of Arizona, Mr. KYL. is memorable. Also, on this day I think stand and fired the shot heard round The ACTING PRESIDENT pro tem- it is important, to reflect on the Holo- the world. We remember them and how pore. The Senator from Arizona is rec- caust, that this day in 1943 was the be- bitterly our freedom has been won, and ognized. ginning of the Warsaw Uprising at the pray that same spirit for us today. Mr. KYL. Mr. President, I appreciate Warsaw ghetto. As I recall, the Ger- Spirit of the living God, breathe on the majority leader yielding for the mans invaded Poland in 1939. They this assembled body of free men and purpose of commenting for a moment were, to say the least, brutal, espe- women, servants of the people. As You about the guest Chaplain who just de- cially against the Jews. In about 1941, guided its sons and daughters of liberty livered the prayer, who happens to be as I recall, they cordoned off an area in the past, so guide these here today the chaplain of my church in Paradise that was about 20 blocks by 6 blocks for the sake of liberty everywhere, for Valley. Let me speak a few words and ordered everyone out who was not America’s sake, for conscience sake, about Tim Smith and his service to our Jewish and ordered all Jews from the for God’s sake. Amen. congregation. whole large metropolitan area of War- He is the associate director of Con- saw into that ghetto. f gressional Ministries at Valley Church, Word got out that the Jews had gath- PLEDGE OF ALLEGIANCE and his expertise is ministries through- ered some weapons, as they had done, The Honorable ROBERT P. CASEY, Jr., out the community. He has been a pas- minimal in number, and the German led the Pledge of Allegiance, as follows: toral minister for over 25 years, serving tanks came in on this day in 1943. Of I pledge allegiance to the Flag of the as a hospice chaplain, a prison chap- course they were to wipe out the ghet- United States of America, and to the Repub- lain, and a bereavement counselor. In to in 1 day, but these gallant Polish pa- lic for which it stands, one nation under God, addition, he is a certified spiritual di- triots, these Jews, held out for more indivisible, with liberty and justice for all. rector and mentor and teacher to those than a month. f who study spiritual direction. Tim and In the annals of history, it is one of his wife Rita are members of Valley the greatest acts of defiance against APPOINTMENT OF ACTING Presbyterian Church. They are parents terrorism that exists. They did it with PRESIDENT PRO TEMPORE of two sons, one of whom, incidentally, heroism and gallantry, and it is a day The PRESIDING OFFICER. The interned in my office in Phoenix, AZ. that we should recognize as being a day clerk will read a communication to the It is also a special privilege for a in the history of mankind where people Senate from the President pro tempore guest Chaplain to be here, and I express stood up for what was right and against (Mr. BYRD). my appreciation also to our Chaplain, what was wrong.

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

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VerDate Aug 31 2005 00:28 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.000 S19APPT1 hmoore on PRODPC68 with HMSENATE S4724 CONGRESSIONAL RECORD — SENATE April 19, 2007 SCHEDULE pated hearing. As a result of that, we people in the face of atrocity. The re- Mr. REID. Mr. President, this morn- didn’t have a manager of the bill. silience of those who survived, and the ing there will be a period of morning SHERROD BROWN, a longtime Member of determination of those who remember, business for 60 minutes, Republicans the House and new Member of the Sen- is proof that the dignity of the human controlling the first half and the ma- ate, has agreed to manage this bill, and soul will never be trampled by oppres- jority controlling the last portion of that will be done on this side. There sion, injustice, or terror. the time. Following the period of are no excuses. We need to move for- I yield the floor. morning business, the Senate will re- ward. We have a manager. We will f sume consideration of S. 378, the court make sure everything is done in an ap- security legislation. Cloture was filed propriate manner. ORDER OF BUSINESS on the bill. Members have until 1 p.m. We hope anyone who has amend- Mr. REID. Mr. President, we have today to file any first-degree amendments to offer will do so. There is noth- had a number of inquiries already in ments to the matter. ing pending at this time, as I under- the cloakroom whether there will be I am confident and I am hopeful that stand it. I say to the Chair, is that votes tomorrow. I will be in consulta- we will finish that bill today and be true, that this bill is open to amend- tion with the distinguished Republican able to move, either this evening or to- ment at the present time? leader during the day, and that deci- morrow, to the matter dealing with The ACTING PRESIDENT pro tem- sion will be made later. competitiveness. Everyone should be pore. The Senator is correct. f made aware of the fact that we have at Mr. REID. The bill is open to amend- least 50 cosponsors of that legislation, ment. We hope if people, Democrats or RESERVATION OF LEADER TIME so there will be no cloture filed to Republicans, think this bill can be im- The ACTING PRESIDENT pro tem- move to it or after we are on it. This is proved, they will offer amendments. pore. Under the previous order, the a bill that we should be able to com- f leadership time is reserved. plete without any procedural blocks of any kind from either side. But we are RECOGNITION OF THE MINORITY f going to finish the court security bill LEADER MORNING BUSINESS before we leave this week. That may The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- take a little extra time, but I think it pore. The Republican leader is recog- pore. There will now be a period for is something we all need to do. nized. morning business for 60 minutes, with Coincidentally, yesterday, as I indi- Senators permitted to speak therein cated on the Senate floor, the head of f for up to 10 minutes each, with the the Marshals Service, Mr. Clark, came FINISHING LEGISLATION first 30 minutes controlled by the Re- to see me. The meeting had been long Mr. MCCONNELL. Let me say to my publican leader or his designee, and the since scheduled. It was not scheduled good friend, the majority leader, I last 30 minutes controlled by the ma- as a result of this matter being on the think there is an excellent chance of jority leader, or his designee. floor of the Senate. He indicated that finishing the court security bill fairly The Senator from Florida is recog- violence against Federal judges was up soon. He is, indeed, correct that the nized. 17 percent last year; that there were competitiveness bill which he is calling more than 1,000 open threats against f up after that enjoys broad bipartisan members of the Federal judiciary last support, so I think these are two pieces EMERGENCY APPROPRIATIONS year. This does not take into consider- of legislation the Senate has a good ation the many instances of threats Mr. MARTINEZ. Mr. President, I chance of enacting in the very near fu- and actual violence in the State courts. want to use some of the minority time ture. This legislation will not only make in morning business this morning to safer the people who work in the Fed- f discuss H.R. 1591, the Emergency Sup- eral courts, including the judges, but plemental Appropriations Act of 2007. NATIONAL COMMEMORATION OF We are here now, some 73 days after also has the ability to make our State THE DAYS OF REMEMBRANCE courts safer. the President sent us the emergency We need not be reminded too often of Mr. MCCONNELL. With regard to to- wartime spending request, and 73 days what has happened in recent years. In day’s remembrance of the Holocaust, later we are still waiting to send to our Illinois, a crazed litigant waited in a at today’s 2007 National Commemora- troops the resources they desperately judge’s home. When the family came tion of the Days of Remembrance cere- need while they are in harm’s way. home—not the judge, just the family mony, I will have the honor of lighting On March 23 the House passed their members—they were killed. In Nevada, a candle alongside Holocaust survivor version of the bill, and on March 29 the a man who was dissatisfied with what a Eva Cooper. Eva was 10 years old when Senate did as well. We are now in the judge was doing shot the judge. We Nazis invaded her hometown of Buda- middle of April and the two bodies have know what happened in Georgia, where pest. She survived in hiding until So- yet to meet to work out their dif- violence took place and people were viet forces liberated her and her family ferences. More distressing still, the killed. in 1945. House has yet to even name conferees. This is something we really need to Hearing stories like Eva’s reminds us I know yesterday the leaders of the do. Time is of the essence. I understand that the Holocaust was not one act of Congress had a meeting with the Presi- there are some amendments today, and evil, but millions, an evil that slaugh- dent to discuss the progress, or maybe that is fine. We will dispose of those tered little children and horrified na- the lack of progress, on this bill. In the just as quickly as we can. I hope we do tions. Today, we remember evil and the 10 weeks since the Congress began con- not have to file cloture on the bill. strength and courage of those who sideration, we have turned a bill in- That is the next thing. I appreciate lived under its dark reign. tended to fund troops into a bill that very much the Republican leader doing As time marches ever forward, fewer seeks to put a hasty and misguided what was necessary so we could move survivors like Eva Cooper will still live withdrawal deadline from Iraq. In addi- to the bill immediately after cloture to tell us firsthand of the horrors they tion to that, not only does it not was invoked on the motion to proceed. saw. That is why the mission of the prioritize the war funding and leave it This is important legislation, and we U.S. Holocaust Memorial Museum, the at that, but it also contains about $20 should finish it as quickly as we can. host of today’s event, is so very impor- billion in projects that are neither I also want to acknowledge that all tant. History must never forget the emergencies and, most of all, are not Judiciary Committee members are tied horror committed against the Jewish related to the war effort. up in the Judiciary Committee today, people, so that horror of such mag- In addition to that, it is clear from Democrats and Republicans, because nitude can never, never happen again. the conversations that leaders have Attorney General Gonzales is appear- Today’s ceremony will also serve to had with the President that in this cur- ing before them in his much antici- remind us of the strength of the Jewish rent form this bill will be vetoed. So

VerDate Aug 31 2005 00:28 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G19AP6.002 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4725 where are we today then? We clearly way forward. The experts in that field. General Petraeus has been on site have a bill that is going to be unac- group, the Iraq Study Group—I know a scant couple of months. His plan for ceptable to the Executive. We still they are quoted frequently by my this surge, his plan to try to pacify have not even conferenced on the bill. friends on the other side of the aisle, Baghdad, is underway, and while there And worse yet, the Democratic leader- but we can’t be too selective about are daily setbacks, and last night, this ship shows no signs of changing the what we choose to like from the Iraq morning, we received the news of yet path on which they are set, which is Study Group and what we don’t. more fighting and more killing and one that attempts to put an artificial The Iraq Study Group says that: more bombs, the fact is there are some deadline on the commanders on the Near-term results—and this is referring overall trends that seem to be moving ground and attempts to put other re- to an untimely or an early within a more positive direction. strictions on their ability to fight the drawal—would result in a significant Lieutenant General Odierno, who is war from the ground as they best see power vacuum. the commanding general of the Multi- fit. Unquestionably, if we withdraw un- national Corps in Iraq, reported on a So at the end of the day, we should timely, there will be a power vacuum number of aspects of military progress. not be using a war supplemental, at a in Iraq. There will be greater human He said: ‘‘We are seeing a drop in sec- time of war, when our troops are in suffering, and the region will be desta- tarian murders in Baghdad and some harm’s way, to do things such as put bilized, and a threat to the global econ- displaced families are returning to the $25 million for spinach farmers—that is omy would also be a part of what the city.’’ not an emergency, that does not relate Iraq Study Group found would be the Again, these are modest signs of to the war effort, $75 million for peanut result of a hasty withdrawal. something going in the right direction. storage. Again, I am sure peanuts being Al Qaeda would depict our withdrawal as a The number of caches we are finding per stored is an important thing, but is it historic victory. week has doubled since February. a wartime supplemental issue? Is it an Make no mistake about that. The All of the troops of this reinforce- emergency? No. And $250 million for a Iraq Study Group said: Our premature ment action that many choose to call a dairy subsidy. We all enjoy ice cream, departure from Iraq, leaving a power surge have yet to be on the ground. The but do we need to have an emergency vacuum, will provide al-Qaida with a capacity of the Iraq security forces appropriation in order to subsidize victory of historic proportions. continues to grow. There are currently diary farmers? Do we need to have an If we leave and Iraq descends into chaos, 10 Iraqi divisions, 8 of which have emergency appropriation for the war the long-range consequences could eventu- transitioned to Iraqi control. I believe with bin Ladin now with this kind of ally require the United States to return. yesterday another province was turned special interest pork? This is the Iraq Study Group. This is over to Iraqi control, the Iraqi forces. There is $3.5 million in this bill for what they are saying about an un- Security across Al Anbar has dramati- Capitol tours. They are important, too. timely and hasty withdrawal from cally improved. The people of Al Anbar They are not an emergency. They cer- Iraq. There is no question there would are fighting back and winning against tainly do not relate to the war. And $2 be a power vacuum left, not only with- al-Qaida. And I think that is true. We million for the University of Vermont. in Iraq but also in the region. And as a are receiving unparalleled and unprece- The President has said: result of that, only those who do not dented cooperation from the locals in The longer Congress delays, the worse the wish us well and who are, frankly, the that area to help us defeat al-Qaida. impact on the men and women of the armed enemies of our country today would This, make no mistake about it, is a forces [will be]. Our troops, [the President find this vacuum a great opportunity fight with al-Qaida. There may be sec- said] should not be trapped in the middle. as a way that they could then descend. tarian and factional fighting in Iraq, I think that is true. I think it is very So there would be a power vacuum and certainly in Baghdad, but in Al important that we move this process within the country, which would surely Anbar we are fighting al-Qaida. forward and that we allow for the be filled by the radical elements of the Last week in Ramadi, there were troops on the ground to receive the society, who are not the ones who were nine attacks in total. During this same kind of funding they desperately need elected by the people but are the ones week a year ago there were 84 attacks. to continue the fight forward. who will have the ability, through In the north, petroleum products from There is something here we must rec- their own thuggery and armed inter- the Baiji oil refinery have increased 20 ognize. Whenever the Congress does not vention, by their own militias, to take percent in the last 6 weeks alone, due timely fund an agency or department over the country. to the Iraq security force’s effort to of the Federal Government, then we The factional killings would rise protect the distribution tankers. need to find ways in which to get the even higher than they are today, and The bottom line is, there is a drop in job done. I can remember, during my then the region will be destabilized, be- murders, there is an increase in finding days in the Cabinet, that as Secretary cause there is no question that Iran arms caches, there is an increase in the of Housing and Urban Development, it would move into this power vacuum Iraqi forces continuing to take control is very disruptive for a stream of fund- created by the hasty departure of the of their own country, there is a de- ing for a given project to be disrupted, United States, the only stabilizing crease in attacks, and there is an in- because then you have to make amends force in that area at the moment. crease in oil production. It is a perfect in order to continue to pay your bills, In addition, we would find the other picture but certainly something that bills you are obligated to pay, while at countries in the region, the Sunni seems to be moving in a direction that the same time having to rob Peter to states, the moderate Sunni states that is more desirable. pay Paul. are friendly to us, would find this situ- The emergency supplemental is vital It is the most inefficient way to run ation untenable. They would then have to the troops and vital to our national Government. It is more costly than to act. I think the whole region would security. The operations in Iraq over any other way of doing it and, most of be in greater chaos than it is today. the next several months will determine all, when you are dealing with our This would then necessitate a return of our future efforts in Iraq and in that Armed Forces, it has dire con- the United States into Iraq in a way part of the world. We do not have the sequences. that would be, frankly, undesirable. luxury of delaying these funds. You Here are a couple of things that are So what are we doing today? Well, I see, it would be a self-fulfilling proph- wrong with the situation we are in am not one of those who believes we ecy not to properly fund the troops, to today: We are delaying for no good rea- owe a commitment for the end of time require that the rotations that are son. Secondly, we are attempting to and to all time. But I do not think we planned not take place; that the Na- impose a political deadline on a bill are at the point in time when retreat is tional Guard—we value so much the that is intended to provide the troops the only option. Retreat will be fol- training. And I keep hearing in the the resources they need to continue to lowed by defeat, and all of those con- Armed Services Committee repeated fight the war. sequences are not what we want to see. questions: Are our troops properly The Iraq Study Group has been cited At this point in time we have two trained before they are sent into bat- as having some good guidance on the top-rated commanding officers in the tle?

VerDate Aug 31 2005 00:28 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G19AP6.004 S19APPT1 hmoore on PRODPC68 with HMSENATE S4726 CONGRESSIONAL RECORD — SENATE April 19, 2007 Well, we find that right now home They get it. They know their mission. know that all of those strengths re- State training of National Guard units We should know ours as well. We ought main in today’s student body at Vir- had to be suspended because of the sup- to get to work. We ought to strip out of ginia Tech. I also know that their plemental not being funded, and de- this bill the timelines that would con- alumni will be there to comfort them ployment of all military units is going strain and tie the hands of our military and stead them well in the coming to have to be slowed. commanders. We should strip the pork, months. We hope they know we have In other words, there are people who the unnecessary, nonemergency, them in our thoughts and prayers. are part of our Armed Forces who have nonwar-related pork that is in the bill, f been in Iraq, who have served their and send a clean bill to the President WAR IN IRAQ time, who are expecting to come home. that he might sign it and get the re- Their time of coming home is going to sources to the troops they so des- Mrs. LINCOLN. Mr. President, news be delayed because their replacement perately need, not only in Iraq but just from the Pentagon last week hit so will not have the resources to get back as well as back here at home as we con- many families throughout our great into the fight. tinue to attempt to keep our National State of Arkansas particularly hard. The administration’s position on the Guard properly trained and properly Four years into the conflict in Iraq, bill is that the war supplemental prepared. the Army National Guard put 13,000 re- should remain focused on the needs of This is a difficult issue. I know very servists, including nearly 2,000 from the troops and should not be used as a much how much this issue can divide the largest National Guard unit in Ar- vehicle for adding on emergency spend- our country. But I also know how very kansas, the 39th Infantry Brigade, on ing, and also for policy proposals that important it is to those of us who I be- notice that they should be prepared for I find are more destined to make a dif- lieve clearly understand the threat our a second deployment at the end of this ference in the political fight than they year. The Pentagon’s decision to poten- are in the fight against the enemies of country faces in the global war on terror, the issues that relate to the secu- tially deploy these troops marks the our country. first time during Operation Iraqi Free- Mr. President, I conclude by reading rity of this Nation, and the very dif- dom that full Guard units would be a letter that was written by Army LTC ficult situation we find ourselves in. Charles P. Ferry, regarding the death We should not make this situation called up for a second tour of duty. Our of his comrade, his follow soldier, more difficult by injecting domestic Arkansas troops already have per- Army Ranger SSG Joshua Hager, a politics into the atmosphere. formed bravely in Iraq, and we know young man who died in the service of I do believe it is very important that they will do so again. his country. we continue to fund the troops, that we Today, along with many Arkansans The lieutenant colonel wrote: give the troops our support and our honorably serving in the Active-Duty On February 22, 2007, the Scout Platoon backing, and we do so in a timely man- military, over 1,600 of our citizen sol- and I were conducting a vehicle movement at ner. diers have been activated for service in night along a route we had traveled many I yield the floor, and I suggest the ab- the Middle East and along our southern times before. Joshua and the rest of the sence of a quorum. border with Mexico. The 142nd Fire Bri- Scouts had every inch of this road memo- The ACTING PRESIDENT pro tem- gade based in Fayetteville, AR, mobi- rized. About halfway to our destination, lized last week and is expected in Iraq Joshua’s vehicle was struck by a large, deep- pore. The clerk will call the roll. ly buried improvised explosive device (IED). The bill clerk proceeded to call the this summer. Eighty members of the Joshua was instantly killed by the blast, and roll. 213th Area Support Medical Company the two other Scouts in the vehicle were Mrs. LINCOLN. I ask unanimous con- are preparing for their mobilization or- wounded. sent that the order for the quorum call ders in June. Many of these members The lieutenant colonel continues to be rescinded. served in Iraq before with the 296th write: The PRESIDING OFFICER (Mr. Ambulance Company. The head- I have been in the Army for about 23 years OBAMA). Without objection, it is so or- quarters company, the 871st Troop and served in numerous Infantry, Special dered. Command, is also expected to be mobi- Forces, and Ranger Battalions. I have served Mrs. LINCOLN. Mr. President, I lized in June. about three years collectively in combat in know the Republican side has addi- Since the war began, our troops have Somalia, Afghanistan, and Iraq, and Staff tional time remaining. That will be re- performed their mission with incred- Sergeant Joshua Hager is one of the best served for them. I wish to speak under ible bravery and skill in some of the Sergeants I have ever served with and I trusted my life with him. He was the con- the Democratic time. harshest conditions imaginable. Their summate professional and the absolute The PRESIDING OFFICER. Without families have supported them and kept standard bearer for his platoon. He died objection, it is so ordered. them in their prayers, have been there doing what he loved and what he was very f with them each step of the way, both good at and I was proud to serve with him. I in the harsh conditions and when they hope and pray that our Nation will always TRAGEDY AT VIRGINIA TECH have returned. Their communities have appreciate the ultimate sacrifice he and his Mrs. LINCOLN. Mr. President, I supported them, many of which are family have made. I will never forget Joshua would like to take a few moments to rural communities. They are commu- and I carry his memory burned into my heart as we continue to fight in the city of extend my heartfelt condolences to the nities that, when these soldiers have Ramadi. Virginia Tech community and the fam- been deployed, have to find someone I have spoken with the father of Ser- ilies comforting them. The entire Na- else to fill positions while they are geant Hager. We talked a number of tion obviously is grieving with them gone, positions such as mayor or prin- times about his son and his son’s be- over their tremendous loss. We want cipal of the school, fire chief or police liefs. I cannot imagine the pain Mr. them to know that all of our States, chief, small businesses that keep the Hager feels, but I can tell you what he particularly the great State of Arkan- economies in those small rural commu- did say to me. The message from Josh- sas, stand with them as they cope with nities thriving. ua’s father that he wanted me to relay this senseless tragedy. We will con- Because of the sacrifice of these here was Joshua understood his mis- tinue to be with them, keep them in brave men and women, their families, sion. He understood what he was over our thoughts and prayers in the com- and these communities, we have seen a there fighting for. He knew this was a ing weeks and months. popularly elected government replace a war worth fighting, and worth winning. I attended Randolph-Macon Woman’s ruthless dictator. Young Joshua Hager told his dad College just down the road from We have seen a democratic constitu- these things and added: Blacksburg in Lynchburg, VA. I re- tion approved by the Iraqi people re- I’ll stay in Iraq for another year or how- member when I was in college, Virginia place the authoritarian rule they had ever long it takes to defeat the enemy—so Tech was well known for its strong and known. Tragically, we also have seen that my son won’t have to fight this battle passionate student body. They had tre- civilian mismanagement of this war when he grows up. mendous strength. They had a strong which is not reflective of the tremen- That statement, I believe, embodies will, a strong determination, and a dous sacrifice put forth by our men and the spirit of our soldiers in the field. strong and bright spirit. I certainly women in uniform. Today, more than

VerDate Aug 31 2005 00:28 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G19AP6.005 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4727 3,300 servicemembers, 56 with Arkansas date for withdrawal from Iraq, giving we make sure, as we do in this bill, ties, have given their lives—the ulti- our enemies the victory they des- that the Iraqis understand what our ex- mate sacrifice in this undertaking— perately want. I argue that the con- pectations are of them, the bench- and more than 24,000 have been wound- stantly shifting objectives of this war marks we have laid down, and the ex- ed. make it difficult to imagine an end to pectations we have of the Iraqis to Now, as our troops contemplate the the U.S. commitment, unless we stand up so our American soldiers can thought of returning to Iraq to con- present the benchmarks the President step down, as President Bush has so tinue an undefined mission, President has spoken about and called for. The frequently said. Bush has chosen to question the re- American people are exhausted with U.S. troops should not be in the posi- solve of Congress to provide our troops this war, and the President’s justification of policing a civil war with an with the resources they need to finish tion for staying in Iraq becomes harder open-ended commitment. The Amer- the job. He has questioned us. I take and harder to stomach each and every ican people realize that and are clam- great exception to the President’s com- day if we do not call on the Iraqis to oring for us to move forward in a posi- ments. I find them disingenuous, and I step up to the plate and seize their op- tive way to bring our troops home. wish to make clear to the American portunity to create their own security. That is why U.S. policy must focus people that Congress is committed to As Iraq slides deeper into an increas- on policy that encourages Iraqi leaders providing our troops with everything ingly violent civil war, the President’s to take responsibility for their country they need to safely and effectively high-risk military strategy has in- and attempt to find a political solution complete their mission. I believe that creased our military’s involvement. to this grave conflict. we have worked diligently to bring This strategy comes at a time when America is no stranger to that. In about a bill which would provide just the U.S. intelligence community re- looking for our own freedom hundreds that. ports that al-Qaida has become an in- of years ago, we realized there were Last month, I voted with the major- creased threat to our national security commitments that had to be made. We ity of my Senate colleagues for an because we have devoted so much man- knew there were steps that had to be emergency spending bill that was power, resources, and attention solely taken, courageous steps that had to be above the President’s request for our to Iraq. We have in a sense spread our- taken. The Iraqi people know that, too. troops and would provide nearly $100 selves so thin in one place that how We must encourage them now to take billion for operations in Iraq and Af- can we react in the multiple places those steps. ghanistan. We met each of his requests where al-Qaida is strengthening itself? Our efforts are already having their and provided every nickel he asked for It also comes at a time when our own intended effect. On Tuesday, the Presi- and more. The additional dollars we ap- military reports that its readiness has dent’s own Defense Secretary, Robert proved provide for their combat equip- dramatically eroded because it has Gates, stated: ment, housing, and much needed health been overextended and underequipped. [T]he debate in Congress has been helpful care, particularly addressing mental Listening to my military leaders in in demonstrating to the Iraqis that Amer- health issues for those suffering from Arkansas, my guardsmen and reserv- ican patience is limited. The strong feelings traumatic brain injuries and post-trau- ists, who know full well what is going expressed in the Congress about the time- matic stress disorder. Our soldiers in to be asked of them, one of the first table probably has had a positive impact in the field deserve no less. Our returning things on their list of concerns is the terms of communicating to the Iraqis that veterans deserve no less. We should be lack of medical and dental readiness this is not an open-ended commitment. doing everything we possibly can to for their soldiers. They find that when The President has also chided Con- provide what the President has asked some of their troops get called up, be- gress for providing much needed emer- and more. We do just that in the sup- cause they are citizen soldiers and they gency funding. This is one of the other plemental bill we will send him. may not have regular health care— areas he brings complaint about our Our legislation also sets measurable which is a whole other issue to be deal- supplemental—for providing this much benchmarks for the Iraqi Government ing with in this body—they are held needed emergency funding for items such as assuming control of their own back on medical hold because they such as Katrina recovery, agricultural security operations, containing the don’t meet medical readiness or, in disaster relief, the State Children’s sectarian violence, and making the some of the more horrific stories, they Health Insurance Program, known as tough decisions toward political rec- just simply pull that soldier’s teeth SCHIP, and firefighting, just to name a onciliation that desperately need to be and send them to Iraq because they few. He has attempted to paint this made—the very same benchmarks the don’t have time to give adequate den- funding as porkbarrel funding when the President himself has continually tal care to bring them to that medical- reality is these are dollars which will called for. readiness status. It is unacceptable and be used to rebuild the gulf region; dol- The Senate did this in record time. In inexcusable that we should be putting lars which will be used for farmers to the past 2 years, it took well over 100 those many pressures on the brave men offset losses over the past several years days to get to a supplemental. This and women who fight for this country. from drought and hurricanes and other Senate, recognizing the urgency of the Our bill seeks to address these issues. types of natural disasters; dollars issue, moved quicker than we have in In the Senate bill, we acknowledge which will be used for health care the last 2 years. We have been more ex- that the conditions in Iraq have needs for our Nation’s neediest chil- peditious, and we acted in less than 50 changed substantially since we origi- dren, our most precious blessing; and days to get it passed in the Senate. We nally authorized the war in 2002. We dollars for our first responders and on now anticipate sending him a bill next are no longer fighting an enemy that and on. week. Despite our best efforts to find will one day show the white flag and I am reminded of a conversation I common ground, however, the Presi- surrender. Instead, we are now in a ref- had with my grandmother one time dent has threatened to veto this bill eree position of a brutal fight for domi- when she said to me: It is crazy, but once it reaches his desk, although the nance between two warring religious some people will sometimes ask you, final language still needs to be nego- sects and countless militia who are all Which of your children do you love the tiated in a conference package. I hope hungry for power. Oftentimes, soldiers most? How do you respond to some- it will be done in a way that does expe- come home and say they don’t even thing like that? As the mother of dite getting the resources and needs to know who the enemy is when they go twins, it is impossible. President Bush our soldiers. into these communities and seize what is the father of twins. He knows how What is so egregious about our ap- they think are civilians and don’t important it is that all of your chil- proach that the President will not con- know whether it is a militia that will dren—all of your children—know they sider signing it and has been so ada- lash out and cause great harm. are loved. Yes, some, though, who are mant? The President points to two par- While I agree with President Bush the neediest may need more attention. ticular issues. First, he claims this bill that we should not leave Iraq in chaos, That is why—that is why—the soldiers, would impose restrictions on our mili- we don’t have to. That is the point we the brave men and women serving in tary commanders and set an arbitrary make in this bill. We don’t have to if uniform from this country, are the

VerDate Aug 31 2005 00:28 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G19AP6.007 S19APPT1 hmoore on PRODPC68 with HMSENATE S4728 CONGRESSIONAL RECORD — SENATE April 19, 2007 first priority on our list here. But that The PRESIDING OFFICER. The Sen- are working closely with him in this does not mean we forget the rest of the ator from Mississippi. very difficult period could be more members of our American family. That Mr. COCHRAN. Mr. President, how clear about the importance of action does not mean we forget the children much time remains to this side of the now on this supplemental appropria- who need health care or the farmers aisle under the order? tions bill. who are experiencing disaster or, Heav- The PRESIDING OFFICER. Twelve I am not going to belabor the point, en forbid, we forget the members of our and a half minutes. but I think for us to continue to en- American family in the gulf region who f gage in who is going to win this polit- have yet to get the resources and the SUPPLEMENTAL APPROPRIATIONS ical struggle about deadlines, forced re- help from their Federal Government deployments from Iraq and Afghani- Mr. COCHRAN. Mr. President, I am they need to begin to rebuild their stan, suspension of activities of this pleased to be able to come to the floor lives. kind or the other, and who is in charge, These are people who are a huge part and urge the Senate to expedite the it makes the world wonder whether our of our American family and who consideration of the supplemental ap- Nation is competent to deal with an strengthen the fabric of this great propriations bill that is now in con- emergency that threatens the very se- country. It is so critically important ference between House and Senate curity of our country. members on the Appropriations Com- that they, too, be included as a part of I know when I came to Congress, you mittee. This supplemental request for strengthening this country to which would hear it said that partisan poli- funding for our troops in Iraq and Af- our soldiers will one day return home. tics should stop at the water’s edge, ghanistan has been pending now for These are funds which are needed now. that whatever is going on in other way too long, without action to send The supplemental offers the best oppor- parts of the world that affects our se- this bill to the President for his signa- tunity to address these emergencies. It curity, our economic well-being, ture. threatens us all as a nation, Demo- is the typical place where we address Over 2 weeks ago, I received a letter crats, Republicans, young and old, the emergencies in the Congress. from the Joint Chiefs of Staff outlining military, and the civilian leaders of our Moving forward, I am pleased Presi- the urgency of this appropriations bill. country—we are all in this together. dent Bush met with Majority Leader I am going to read a couple of excerpts We need to work out our differences REID and Speaker PELOSI yesterday. I from that letter now: see that as a sign of progress. But I am and resolve them somehow. Let’s look With the increasing pace of operations and to compromise that is fair, that carries also very disappointed that the Presi- material needs in Iraq and Afghanistan, we dent continues to put veto threats out ask that the Congress expeditiously com- out the intent as expressed in these there about a bill that is so vitally nec- plete its work on the Fiscal Year 2007 Emer- bills by those who have supported and essary to our soldiers and to our entire gency Supplemental. Timely receipt of this passed an appropriations bill in the American family. funding is critical to military readiness and Senate and one in the House. Let’s re- For the security of our country and force generation as we prosecute the war on solve the differences. That is what we for the sake of our troops, it is time for terror. Given the current status of this legis- are waiting on. And do you know what. a new direction. It must be a direction lation, we are particularly concerned that The conference committee has not funding could be significantly delayed. that better reflects the ability, the re- even met. There has been no meeting of It is very clear that delay is occur- ality, and the real progress that ulti- the conferees on the part of the House ring, and it is a serious matter. We are mately lies with the Iraqis taking re- or the Senate to discuss the dif- talking about life-and-death situa- sponsibility for their own future. We ferences. Now, that is inexcusable, and tions, the ability to furnish the equip- know—we know—it can happen if the I lay that at the feet of the leadership ment, the weaponry, the training that Iraqis understand what is expected of of the Senate and the House. We are all is necessary for our Armed Forces to them. in this together. I am not saying just carry out their mission. This new direction must also ac- This is not a time to play politics the Democratic leadership or the Re- knowledge we must do more for our with the well-being of troops in the publican leadership, but we as Members troops when they are in harm’s way field. I am afraid that is what we are ought to call on our leaders now. Let’s end this logjam. Let’s end this particularly but also when they come witnessing. I do not have any par- confrontation and the political home. The love and care—particularly ticular problem with the Senate and grandstanding that is going on on the health care—they and their families House members of our conference com- part of some. I think we need to imme- need is essential to keeping our Amer- mittee seriously engaging in a discus- diately move to conference. Let’s work ican family whole. They not only de- sion of our differences and resolving on these bills. Let’s get them resolved serve our appreciation and support, those and submitting a final conference in a conference report that the Presi- they deserve the very best equipment, report as soon as possible. I urge that dent can sign. armor, and other battlefield amenities is what we do. But we are seeing more We are talking about a supplemental necessary to complete their mission and more delay. That is just not justi- appropriations bill for our military and to bring them home, as well as the fied under the circumstances in which forces. There have been other things proper care, benefits, and attention we find ourselves. once their military service is complete. In this letter I received the other added in both the Senate and the Our troops are worthy of this com- day, here is another thing that is House. Well, that is not unusual. That mitment from us. We should come to- pointed out by the Joint Chiefs of happens. What we can agree on, let’s gether as a Congress and an executive Staff: agree on and send it to the President. branch to make that expression, to But let’s stop the delay, the procrasti- Without approval of the supplemental show our troops and to show our entire funds in April, the Armed Services will be nation, the finger-pointing, the polit- American family that at this time, at forced to take increasingly disruptive meas- ical accusations that the President this difficult time in our Nation’s his- ures in order to sustain combat operations. does not have the interests of the coun- tory, we come together in a bipartisan The impacts on readiness and quality of life try at heart—whatever is being said in way, in an American way, to recognize could be profound. We will have to imple- so many words. It is a political attack the needs of this great country and to ment spending restrictions and reprogram against the President. This is not the move us forward. billions of dollars. Reprogramming is a time for partisan politics. This is the I strongly believe this bill offers the short-term, cost-inefficient solution that time for the Senate and the House to wastes our limited resources. Spending re- necessary guidelines to bring our sol- strictions will delay and disrupt our follow- get together, resolve our differences, diers home safely, and as soon as pos- on forces as they prepare for war, possibly and move on, support our troops, and sible, to care for this incredible coun- compromising future readiness and strategic protect our national security interests. try—these communities they will re- agility. Furthermore, these restrictions in- That is what this bill does. turn home to, to keep them whole and crease the burden on servicemembers and Mr. President, I ask unanimous con- to keep this incredible fabric of our their families during this time of war. sent that a copy of the letter signed by American family strong. I do not know how the Chairman of Peter J. Schoomaker, General, U.S. Mr. President, I yield the floor. the Joint Chiefs of Staff and those who Army, Chief of Staff; Michael G.

VerDate Aug 31 2005 00:28 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G19AP6.009 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4729 Mullen, Admiral, U.S. Navy, Chief of CONCLUSION OF MORNING made several technical fixes and clari- Naval Operations; T. Michael Moseley, BUSINESS fied our treatment and protection of General, U.S. Air Force, Chief of Staff; The PRESIDING OFFICER. Morning magistrate judges and the Tax Court James T. Conway, General, U.S. Ma- business is closed. judges. rine Corps, Commandant of the Marine Last night after significant debate f Corps, be printed in the RECORD. we had a vote on an amendment offered There being no objection, the mate- COURT SECURITY IMPROVEMENT by Senator COBURN. Regretfully, it rial was ordered to be printed in the ACT OF 2007 took from 10:30 a.m. to 5:30 p.m. for the Senator from Oklahoma to be ready to RECORD, as follows: The PRESIDING OFFICER. The Sen- offer his amendment. Once offered we THE JOINT CHIEFS OF STAFF, ate will resume consideration of S. 378, which the clerk will report. dealt with it promptly. Washington, DC, April 2, 2007. I would like to thank Senator Hon. THAD COCHRAN, The assistant legislative clerk read WHITEHOUSE for helping me manage Ranking Member, Committee on Appropriations, as follows: U.S. Senate, Washington, DC. this bill yesterday. His eloquent words A bill (S. 378) to amend title 18, United in support of this legislation were DEAR SENATOR COCHRAN: On behalf of the States Code, to protect judges, prosecutors, Soldiers, Marines, Sailors and Airmen of our witnesses, victims, and their family mem- much appreciated. Armed Forces and their families, please ac- bers and for other purposes. I thank Senators KLOBUCHAR and cept our thanks and appreciation for con- Mr. LEAHY. Mr. President, today we BROWN for helping me manage this leg- tinuing to provide the necessary resources continue to debate and consider the islation today during the Judiciary and legislation to fight the Long War. Court Security Improvement Act of Committee’s oversight hearing with With the increasing pace of operations and 2007. It should not be a struggle to Attorney General Alberto Gonzales. materiel needs in Iraq and Afghanistan, we I hope that today we can finish our enact this broadly supported consensus ask that the Congress expeditiously com- work on this important legislation. plete its work on the Fiscal Year 2007 Emer- legislation. We made some progress Mr. BROWN. Mr. President, I under- gency Supplemental. Timely receipt of this yesterday but failed to get to final pas- stand the Senator from Nevada has an funding is critical to military readiness and sage of this important legislation. I amendment he wishes to offer. force generation as we prosecute the war on hope we can get there later today. AMENDMENT NO. 897. terror. Given the current status of this legis- I would like to thank the majority lation, we are particularly concerned that Mr. ENSIGN. Mr. President, I call up leader for his support and leadership on amendment No. 897. funding could be significantly delayed. this bill. Senator REID knows all too Without approval of the supplemental The PRESIDING OFFICER. The well about the need for greater court clerk will report. funds in April, the Armed Services will be security since the last courthouse trag- forced to take increasingly disruptive meas- The assistant legislative clerk read ures in order to sustain combat operations. edy occurred in Nevada. Nobody has as follows: The impacts on readiness and quality of life been a stronger supporter of this legis- The Senator from Nevada [Mr. ENSIGN] could be profound. We will have to imple- lation. He helped us pass similar pro- proposes an amendment numbered 897. ment spending restrictions and reprogram tections twice last year. It is no sur- Mr. ENSIGN. Mr. President, I ask billions of dollars. Reprogramming is a prise to me that yesterday he met with unanimous consent that further read- short-term, cost-inefficient solution that the head of the U.S. Marshals Service. ing of the amendment be dispensed wastes our limited resources. Spending re- Sadly, they reported a 17 percent in- with. strictions will delay and disrupt our follow- crease in attacks this year. We cannot The PRESIDING OFFICER. Without on forces as they prepare for war, possibly compromising future readiness and strategic delay our response any further in the objection, it is so ordered. agility. Furthermore, these restrictions in- face of this trend. The amendment is as follows: crease the burden on service members and Senator DURBIN, our assistant major- (Purpose: To amend title 28, United States their families during this time of war. ity leader, has been consistently dedi- Code, to provide for the appointment of ad- Thank you again for your unwavering sup- cated to getting this legislation passed. ditional Federal circuit judges, to divide port of our service members and their fami- The tragic murder of Judge Lefkow’s the Ninth Judicial Circuit of the United lies. We are grateful for your steadfast inter- husband and mother in her home State States into 2 circuits, and for other purposes) est in providing them the best equipment, of Illinois serves as a terrible reminder At the end of the bill, add the following: the best training and a quality of life equal of why we need this legislation. Sen- to the quality of their service. We look for- TITLE VI: NINTH CIRCUIT SPLIT ator DURBIN has worked tirelessly to ward to working with you on measures to en- prevent any further tragedies from SEC. 601. SHORT TITLE. hance our Nation’s security. This title may be cited as the ‘‘The Circuit Sincerely, befalling our Federal judges. Court of Appeals Restructuring and Mod- PETER J. SCHOOMAKER, As I have noted before, this legisla- ernization Act of 2007’’. General, U.S. Army, tion has broad bipartisan support. Yes- SEC. 602. DEFINITIONS. Chief of Staff. terday Senator CORNYN gave a powerful In this title: MICHAEL G. MULLEN, statement in support of this legisla- (1) FORMER NINTH CIRCUIT.—The term Admiral, U.S. Navy, tion. Senator CORNYN is a former mem- ‘‘former ninth circuit’’ means the ninth judi- Chief of Naval Oper- ber of his State’s judiciary. I urge cial circuit of the United States as in exist- ations. Members to consider his views and sup- ence on the day before the effective date of T. MICHAEL MOSELEY, port for these important provisions this title. General, U.S. Air (2) NEW NINTH CIRCUIT.—The term ‘‘new Force, Chief of Staff. providing for increased security. Even ninth circuit’’ means the ninth judicial cir- JAMES T. CONWAY, the White House has issued a sup- cuit of the United States established by the General, U.S. Marine portive Statement of Administration amendment made by section 603(2)(A). Corps, Commandant Policy. (3) TWELFTH CIRCUIT.—The term ‘‘twelfth of the Marine Corps. Yesterday a number of amendments circuit’’ means the twelfth judicial circuit of Mr. COCHRAN. Mr. President, I yield were filed, but none of them was rel- the United States established by the amendment made by section 603(2)(B). back the remainder of the time avail- evant to the important purpose of court security. There will be other op- SEC. 603. NUMBER AND COMPOSITION OF CIR- able on this side. CUITS. I suggest the absence of a quorum. portunities to consider worthwhile Section 41 of title 28, United States Code, amendments. I look forward to work- The PRESIDING OFFICER. The is amended— ing with Senator COBURN on Depart- clerk will call the roll. (1) in the matter preceding the table, by ment of Justice reauthorization later striking ‘‘thirteen’’ and inserting ‘‘four- The assistant legislative clerk pro- this year. teen’’; and ceeded to call the roll. We made some progress yesterday. (2) in the table— Mr. BROWN. Mr. President, I ask The Senate adopted the Kyl-Feinstein (A) by striking the item relating to the ninth circuit and inserting the following: unanimous consent that the order for amendment that was adopted in com- ‘‘Ninth ...... California, Guam, Ha- the quorum call be rescinded. mittee. I thank Senator SPECTER for waii, Northern Mariana The PRESIDING OFFICER. Without working with me on an important man- Islands.’’ objection, it is so ordered. agers’ amendment. That amendment and

VerDate Aug 31 2005 02:23 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G19AP6.010 S19APPT1 hmoore on PRODPC68 with HMSENATE S4730 CONGRESSIONAL RECORD — SENATE April 19, 2007 (B) by inserting after the item relating to SEC. 611. APPLICATION TO CASES. SEC. 614. ADMINISTRATION. the eleventh circuit the following: The following apply to any case in which, The court of appeals for the ninth circuit ‘‘Twelfth ...... Alaska, Arizona, Idaho, on the day before the effective date of this as constituted on the day before the effective Montana, Nevada, Or- title, an appeal or other proceeding has been date of this title may take such administra- egon, Washington.’’. filed with the former ninth circuit: tive action as may be required to carry out SEC. 604. JUDGESHIPS. (1) Except as provided in paragraph (3), if this title and the amendments made by this (a) NEW JUDGESHIPS.—The President shall the matter has been submitted for decision, title. Such court shall cease to exist for ad- appoint, by and with the advice and consent further proceedings with respect to the mat- ministrative purposes 2 years after the date of the Senate, 5 additional circuit judges for ter shall be had in the same manner and with of enactment of this Act. the new ninth circuit court of appeals, whose the same effect as if this title had not been SEC. 615. AUTHORIZATION OF APPROPRIATIONS. official duty station shall be in California. enacted. There are authorized to be appropriated (b) TEMPORARY JUDGESHIPS.— (2) If the matter has not been submitted such sums as may be necessary to carry out (1) APPOINTMENT OF JUDGES.—The Presi- for decision, the appeal or proceeding, to- this title, including funds for additional dent shall appoint, by and with the advice gether with the original papers, printed court facilities. and consent of the Senate, 2 additional cir- records, and record entries duly certified, SEC. 616. EFFECTIVE DATE. cuit judges for the former ninth circuit court shall, by appropriate orders, be transferred Except as provided in section 604(c), this of appeals, whose official duty stations shall to the court to which the matter would have title and the amendments made by this title be in California. been submitted had this title been in full shall take effect 12 months after the date of (2) EFFECT OF VACANCIES.—The first 2 va- force and effect at the time such appeal was enactment of this Act. cancies occurring on the new ninth circuit taken or other proceeding commenced, and court of appeals 10 years or more after judges further proceedings with respect to the case Mr. ENSIGN. Mr. President, we are are first confirmed to fill both temporary shall be had in the same manner and with debating a bill about court security. circuit judgeships created by this subsection the same effect as if the appeal or other pro- The court security bill is about the ad- shall not be filled. ceeding had been filed in such court. ministration of justice. Some would (c) EFFECTIVE DATE.—This section shall (3) If a petition for rehearing en banc is take effect on the date of the enactment of argue that the amendment I have of- pending on or after the effective date of this fered, while relating to the courts, does this Act. title, the petition shall be considered by the SEC. 605. NUMBER OF CIRCUIT JUDGES. court of appeals to which it would have been not deal with court security. Both the The table contained in section 44(a) of title submitted had this title been in full force underlying bill and my amendment 28, United States Code, is amended— and effect at the time that the appeal or deal with the administration of justice. (1) by striking the item relating to the other proceeding was filed with the court of There are provisions in the bill that ninth circuit and inserting the following: appeals. are not strictly dealing with court se- ‘‘Ninth ...... 20’’ SEC. 612. TEMPORARY ASSIGNMENT OF CIRCUIT curity, and I believe this is an appro- and JUDGES AMONG CIRCUITS. priate place to talk about this amend- (2) by inserting after the item relating to Section 291 of title 28, United States Code, ment and an appropriate time for the the eleventh circuit the following: is amended by adding at the end the fol- Senate to vote on my amendment. It is ‘‘Twelfth ...... 14’’. lowing: ‘‘(c) The chief judge of the Ninth Circuit something we have been working on for SEC. 606. PLACES OF CIRCUIT COURT. may, in the public interest and upon request a few years. The table contained in section 48(a) of title by the chief judge of the Twelfth Circuit, My amendment recognizes that the 28, United States Code, is amended— designate and assign temporarily any circuit ninth circuit, by far being the largest (1) by striking the item relating to the judge of the Ninth Circuit to act as circuit ninth circuit and inserting the following: circuit in the United States, is too judge in the Twelfth Circuit. large, the administration of justice is ‘‘Ninth ...... Honolulu, Pasadena, San ‘‘(d) The chief judge of the Twelfth Circuit Francisco.’’ too slow, and that the ninth circuit may, in the public interest and upon request needs to be broken up at this point. It and by the chief judge of the Ninth Circuit, des- (2) by inserting after the item relating to ignate and assign temporarily any circuit needs to be split up so the people, such the eleventh circuit the following: judge of the Twelfth Circuit to act as circuit as the people who live in the State of ‘‘Twelfth ...... Las Vegas, Phoenix, judge in the Ninth Circuit.’’. Nevada, can receive justice in a way Portland, Seattle.’’. SEC. 613. TEMPORARY ASSIGNMENT OF DISTRICT that is fair and that is also expeditious. SEC. 607. LOCATION OF TWELFTH CIRCUIT HEAD- JUDGES AMONG CIRCUITS. In the past, the United States has QUARTERS. Section 292 of title 28, United States Code, The offices of the Circuit Executive of the gotten to a point with other circuits is amended by adding at the end the fol- Twelfth Circuit and the Clerk of the Court of where we have decided that they are lowing: the Twelfth Circuit shall be located in Phoe- too large and need to be split. Some ‘‘(f) The chief judge of the United States nix, Arizona. have argued that splitting up the ninth Court of Appeals for the Ninth Circuit may SEC. 608. ASSIGNMENT OF CIRCUIT JUDGES. in the public interest— circuit is for ideological reasons, but Each circuit judge of the former ninth cir- ‘‘(1) upon request by the chief judge of the that is not why I have offered this cuit who is in regular active service and Twelfth Circuit, designate and assign 1 or amendment. Many who used to be op- whose official duty station on the day before more district judges within the Ninth Circuit posed to splitting up the ninth circuit the effective date of this title— to sit upon the Court of Appeals of the 5 or 10 years ago now understand that (1) is in California, Guam, Hawaii, or the Twelfth Circuit, or a division thereof, when- for the sake of the administration of Northern Mariana Islands shall be a circuit ever the business of that court so requires; judge of the new ninth circuit as of such ef- justice, the ninth circuit needs to be and split up. It is by far and away the larg- fective date; and ‘‘(2) designate and assign temporarily any (2) is in Alaska, Arizona, Idaho, Montana, district judge within the Ninth Circuit to est circuit in the United States. Nevada, Oregon, or Washington shall be a hold a district court in any district within We have had testimony in front of circuit judge of the twelfth circuit as of such the Twelfth Circuit. the Judiciary Committee, and many effective date. ‘‘(g) The chief judge of the United States articles have been written, on why so SEC. 609. ELECTION OF ASSIGNMENT BY SENIOR Court of Appeals for the Twelfth Circuit may many of the ninth circuit decisions are JUDGES. in the public interest— overturned by the U.S. Supreme Court. Each judge who is a senior circuit judge of ‘‘(1) upon request by the chief judge of the the former ninth circuit on the day before The Ninth Circuit, far and away, has Ninth Circuit, designate and assign 1 or more more of its decisions overturned by the the effective date of this title may elect to district judges within the Twelfth Circuit to be assigned to the new ninth circuit or the sit upon the Court of Appeals of the Ninth Supreme Court than any other circuit. twelfth circuit as of such effective date and Circuit, or a division thereof, whenever the Well, Mr. President, we had testimony shall notify the Director of the Administra- business of that court so requires; and that one of the reasons a lot of people tive Office of the United States Courts of ‘‘(2) designate and assign temporarily any believe that to be the case is not that such election. district judge within the Twelfth Circuit to the jurists on the Ninth Circuit may be SEC. 610. SENIORITY OF JUDGES. hold a district court in any district within less competent than those in other cir- The seniority of each judge— the Ninth Circuit. (1) who is assigned under section 608, or cuits, but that is because of the over- ‘‘(h) Any designations or assignments whelming caseload, the circuit doesn’t (2) who elects to be assigned under section under subsection (f) or (g) shall be in con- 609, formity with the rules or orders of the court have the time to consider the cases shall run from the date of commission of of appeals of, or the district within, as appli- that other circuits do but the use of such judge as a judge of the former ninth cir- cable, the circuit to which the judge is des- the en-banc panel, instead of the full cuit. ignated or assigned.’’. circuit, contributes to this problem.

VerDate Aug 31 2005 02:23 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.001 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4731 Mr. President, 20 percent of the coun- than the average of all Federal cir- feel safe. That is also why my amend- try is in the Ninth Circuit. It is laden cuits. These problems require some ment is so important. with immigration cases. It has too form of action by Congress and, having I do not believe that splitting the many cases per judge and, because of studied the issue, simply adding more Ninth Circuit would infringe on the that, too many of the cases that need judges is not the solution. ‘‘independence of the judiciary’’ as to be heard in a timely fashion are de- Last year, the Judiciary Committee some might suggest. The Constitution layed. What our bill simply would do is held a hearing on the issue of splitting provides Congress with the power to to divide the Ninth Circuit up in a very the Ninth Circuit. As several Federal ‘‘constitute’’ or establish ‘‘tribunals in- fair manner. We have put this through judges who were witnesses testified, ferior to the Supreme Court,’’ and also judges and through studies and over adding more judges, in a circuit so geo- gives Congress the power to ‘‘ordain the years we have modified it on ex- graphically large, is not going to ade- and establish’’ the lower Federal actly how to break it up. If people dis- quately address the need for courts. Acting in accordance with the agree with how we are deciding to collegiality among judges. Constitution, Congress has used its au- break it up, we can talk about that. Mr. President, my primary motiva- thority to establish the Federal ap- But the bottom line is that it is too tion is to ensure that my constituents, peals courts and the Federal district large of a circuit, and the Ninth Circuit the people of Nevada, have equal access courts, as well as other Federal courts. needs to be split up. to justice. Equal access to justice re- Congress has the ability to create I think all but one of the judges in quires not only fair, but also prompt, courts of special jurisdiction, such as the State of Nevada—by the way, al- resolution of a case. From my perspec- military courts, bankruptcy courts, most all these same judges used to be tive, the current backlog in cases and and tax courts, and to limit the appeals against splitting up the Ninth Circuit. the fact that the resolution of appeals jurisdiction of all Federal courts, in- Today, nearly all of them have come takes far longer in the Ninth Circuit cluding the Supreme Court of the out in favor of splitting up the Ninth than any other circuit demonstrates United States. The Constitution clear- Circuit. The reason for that is we live that Nevadans are not guaranteed the ly provides that the people, acting in the fastest growing area in the coun- promise that their claims will be heard through their respective Congressional try. Nevada, in 18 out of the last 19 with the same timeliness as persons representatives, can enact legislation years, is the fastest growing State. The living in other circuits. The adage of to split the Ninth Circuit. The preroga- other States in the Ninth Circuit, in- ‘‘justice delayed is justice denied’’ is tive of Congress to enact legislation to cluding Arizona, California, Wash- appropriate with respect to the Ninth split the Ninth Circuit is consistent ington, Oregon, Idaho, all of these Circuit delays. with the role of Congress established States have booming populations. I believe we should consider the cost by the Constitution. The idea of split- While we are the largest circuit in the that unreasonable delay causes to the ting the Ninth Circuit is a proper ac- United States, it is going to get in- parties in a case. The lawyers and the tion for Congress to take. creasingly worse in the future, as far as judges live in this system. To these Finally, Mr. President, I would hope the size of the population, the number people, delays are not only reasonable that Members of the Senate could of cases per judge, while overwhelming but they are expected. A delay to some- agree that, regardless of where each of now, it is only going to get worse in one who is part of the legal community us may be on this issue, we could en- the future. is just the way things are done. But gage in an honest discussion and avoid I believe this is an amendment that that is not the case for litigants. Ask attacking each other’s motives. I have should be discussed as a separate bill any litigant whose case is waiting for a read with great interest the statements on the floor. But we all know most hearing on appeal. They take being of people on the other side of this issue bills cannot get time on the Senate sued personally and would tell you that suggesting that split supporters, like floor. So you have to take the oppor- their lives are on hold. They may fear myself, are only ‘‘politically moti- tunity to offer amendments wherever they will lose their business, or their vated’’ or that supporters of a split are you can. We have been trying to get job, or their livelihood. It really does ‘‘trying to punish’’ the Ninth Circuit this bill acted on for years and years not matter whether the case involves because of the perception of the cir- and years. We now have a vehicle, deal- business litigation, an immigration ap- cuit’s ideology. Nothing could be fur- ing with the courts, where it is appro- peal, or a criminal matter. ther from the truth. I am sure the peo- priate to offer this amendment. So that If you talk to the parties to a case, ple who do not favor a split have like- is why I am offering this amendment they will tell you stories of the eco- wise had similar attacks directed at today. nomic, social, and psychological toll them. We should not condone that Mr. President, again, amendment No. extended litigation has on them and rhetoric or impugn each others mo- 897 would split the Ninth Circuit Court their families. That is why I am con- tives. I do not believe that it is in the of Appeals. Because my home State of cerned about delays in the process. Senate’s, or the Nation’s, best interest Nevada is under the jurisdiction of the That is also why I believe that some to attack someone else’s motives. I Ninth Circuit, I have taken particular groups have endorsed my bill. For ex- have met with people on both sides of interest in how the Ninth Circuit func- ample, the Western States Sheriff’s As- this issue and respect their views. tions. As a Senator from Nevada, I rep- sociation, which includes Nevada, has Let me conclude by saying this. The resent people who are on both sides of endorsed splitting the Ninth Circuit. I saying is that justice delayed is justice this issue. I have heard arguments for, believe that the Association under- denied. In the Ninth Circuit that is and against, splitting the Ninth Circuit stands that America’s law enforcement what happens ever single day. Nevad- but, having listened to the debate, have agencies have been devoting scarce ans experience justice delayed too concluded that it is time for Congress budget resources to monitoring and often. We are putting more and more of to split the Ninth Circuit. dealing with criminal appeals that a burden on our Federal courts by the The Ninth Circuit really has become would otherwise be better devoted to actions of the Senate. We need to now too large to function as efficiently as it protecting America’s families if only take the responsibility to make sure should. The population of the States in appeals cases were resolved sooner our various circuits around the coun- the Ninth Circuit is growing too fast rather than later. try are not even more overburdened for the circuit to manage its caseload. I believe that it is not only the duty simply because of population growth. Cases working their way through the of Congress but also our obligation to That is what has happened, and will Ninth Circuit take far too long to come ensure that the Judicial branch is oper- continue to happen, in the Ninth Cir- to resolution. The circuit is becoming ating efficiently. That is why we are cuit. We have added a judge here and increasingly dependent on visiting considering the current legislation, the there. But the overall size of the Ninth judges, who are not as familiar with court security bill, because we want to Circuit, even if you add more judges, circuit precedent, to manage its case- ensure that judicial branch operates ef- would not take care of the problems we load. The reversal rate of cases heard ficiently. And we know that it cannot, are now experiencing. Some have ar- by the Supreme Court which on appeal if those who work in the system—our gued that adding more judges would fix from the Ninth Circuit is much higher judges and our court officers—do not the problem, but it still would not

VerDate Aug 31 2005 00:28 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G19AP6.013 S19APPT1 hmoore on PRODPC68 with HMSENATE S4732 CONGRESSIONAL RECORD — SENATE April 19, 2007 allow the full Ninth Circuit to hear billion just a year ago. When I first precluded any other enforcement ac- many of the most difficult, challenging called attention to this problem, it was tions. So he is sitting there with nearly cases. The judges of the ninth are not well less than half of that. Yet very lit- half a million dollars in liquid assets, able to work together as a full circuit tle has been done. and the victim is sitting over here hav- and collaborate on some of the most In my State of North Dakota, the ing been defrauded. The court said you difficult, challenging judicial cases. Federal courts have about $18.7 million must pay restitution, and this person That is why it is better to split up of uncollected criminal debt. That is with nearly half a million dollars in as- this circuit, so that more thoughtful up some $4 million from the preceding sets is paying $250 a month, and the decisions can be made in the adminis- year. In my judgment, crime victims court says that is it, you cannot get tration of justice. should not have to worry if those in the 401(k) funds from the victim. That With that, I will yield the floor and charge of collecting the restitution on is not fair. Our proposal would remove ask my colleagues to support this very their behalf are making every effort to impediments like this in the future. important amendment. do so. We would expect that to be hap- This legislation will address another The PRESIDING OFFICER (Ms. pening. Yet it is not. In some cases, it major problem identified by the GAO KLOBUCHAR). The Senator from North is because the tools don’t exist. In for officials in charge of criminal debt Dakota is recognized. some cases, it is because collecting the collection. Many years can pass be- Mr. DORGAN. Madam President, criminal debt has become kind of the tween the date a crime occurs and the April 22 marks the beginning of Na- backwater of the U.S. Attorney’s Of- date that a court will order restitution. tional Crime Victims’ Rights Week, an fice. That gives criminal defendants an annual commemoration that has been At my request, GAO reviewed five ample opportunity to hide their ill-got- observed since the early 1980s to honor white-collar financial fraud cases. ten gains. This bill sets up crime victims and call attention to What they have found is that certain preconviction procedures for pre- their plight. offenders, those judged guilty, had serving assets for victims’ restitution. We have an opportunity to provide taken expensive trips abroad, traveled We set up those preconviction cir- full justice to many victims of federal overseas; had fraudulently obtained cumstances—no, not to take the assets crime by passing legislation that will millions of dollars in assets and con- but at least be sure they are going to help federal criminal justice officials verted those assets to personal use. be preserved in the event they are more fully recover court-order restitu- GAO also found offenders who had es- needed for restitution. tion that is owed to innocent crime tablished businesses for their children; These tools will ensure financial as- victims. By ensuring victims receive held homes and lived in homes worth sets that are traceable to a crime are the restitution they are entitled to, millions of dollars that were located in going to be available when a court im- our proposal truly reflects the theme of upscale neighborhoods. So here we poses a final restitution order on behalf this year’s Crime Victims’ Rights have a circumstance where we have of a victim. These tools are similar to Week—Victim’s Rights: Every Victim, people who have been judged guilty of those already used in some states and Every Time. certain things by the Federal court by Federal officials in certain asset I intend to offer an amendment with system. They have been told you have forfeiture cases. The Restitution for Senator GRASSLEY today that would to pay a fine or you have to pay res- Victims Of Crime Act that I have in- improve the collection of federal crimi- titution. Yet despite the fact that they troduced in the Senate as S. 973, with nal debt. Our amendment is being sent have not made restitution or paid their Senator GRASSLEY and others, has been over to the floor at this point. I will define, according to the GAO evaluation endorsed by a number of organizations scribe it and the reason for offering it. at my request, some of them have de- that are concerned about the well- The amendment will be one in the cided we are not going to pay those being of crime victims and the rights of form of a bill, S. 973, which I authored things, we are going to take a trip victims to receive the restitution or- with my colleague, Senator GRASSLEY. overseas, live in multimillion dollar dered by federal courts: National Cen- We introduced it with Senators DURBIN houses, we are going to transfer a busi- ter for Victims of Crime, Mothers and COLLINS. It is called the Restitu- ness to the children so federal justice Against Drunk Driving, Parents of tion for Victims Of Crime Act. This officials cannot get at it. Murdered Children, Justice Solutions, piece of legislation will give Justice All of this is going on at a time when and many others. Department officials the tools they say victims are waiting for restitution that The U.S. attorney in North Dakota are needed to help them do a better job has been ordered by the court. The pro- has said this legislation ‘‘represents of collecting court-ordered Federal res- posal that Senator GRASSLEY and I important progress toward ensuring titution and fines. have authored is a proposal based on a that victims of crime are one step clos- In our court system in this country, set of recommendations, some from the er to being made whole.’’ there are, in many cases, fines that are Justice Department, some from the I have mentioned S. 973, and that is levied against defendants who are task force on improving the collection what I intend to offer as an amendment found guilty of a crime. They are ad- of criminal debt. Justice Department to the court security bill. I recognize judged to be guilty and, therefore, are officials believe the changes we suggest the legislation itself doesn’t deal with levied a fine by the court. In many will remove many of the current im- the narrower issue of the security of cases, they are required to make res- pediments to better debt collection. the courts, but it certainly deals with titution through orders of the court Our legislation offers the tools that the functioning of the courts and the system. For some long while, I have we think are necessary, having worked ability of a court to decide they are been working on this issue because I with Justice officials and others and going to levy a fine or impose a restitu- have discovered that in the Federal victims’ rights organizations, to deal tion order on a person judged guilty of court system, Justice Department data with these issues. Justice Department a crime and then be able to feel, at shows that the amount of uncollected officials describe, for example, a cir- some point, they are going to be able criminal debt—that is, fines and res- cumstance where they were prevented to make that happen. titution—is growing out of control. Be- by a court from accessing $400,000 in a I mentioned earlier U.S. Attorney’s lieve it or not, the uncollected Federal criminal offender’s 401(k) plan to pay a Offices, as most of us know, are about criminal debt is nearly $46 billion. $4 million restitution debt to a victim. investigating and prosecuting. They Think of that. It is almost $46 billion. Let me say that again. This is an of- are involved when given investigation These are fines that have been levied in fender who was judged to be guilty and capability or given the results of inves- our Federal court system against de- who had $400,000 in a 401(k) plan. He has tigations. If they believe a criminal act fendants adjudged to have been guilty. been ordered to pay a $4 million res- has occurred, they are involved in pre- Restitution orders have been made titution debt to a victim. The court paring to go to court to prosecute that require someone to make finan- said: No, you cannot take the $400,000 criminal actions. cial restitution; yet some $46 billion is in the 401(k) plan because the defend- They have also been given the re- the amount of criminal debt that is un- ant was complying with a $250 min- sponsibility to collect fines and res- paid. It is spiraling upward. It was $41 imum monthly payment plan, and that titutions. But the fact is, many U.S.

VerDate Aug 31 2005 02:23 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G19AP6.014 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4733 attorneys will admit they have a U.S. The Armed Services Committee, Department, it is for their action, and Attorney’s Office that, by and large, in under the chairmanship of Senator because it is a criminal matter, they the front of that office is engaged in CARL LEVIN, is holding a hearing this would not comment further. prosecuting wrongdoing, and in the morning on contracting abuses; that is, Obviously, they believed there was back of that office, the collection of contracting abuses in Iraq especially something that was serious. That is the fines and restitutions is not a high pri- under what is called the LOGCAP con- RIO, the Restore Iraq Oil contract. ority and, frankly, is difficult for many tract. of them. I testified that I chaired in the There is another contract, and that is I don’t come here with harsh criti- Democratic Policy Committee, over the purpose of the hearing this morn- cism in those circumstances. But I do the last 3 years, 10 hearings on these ing, the LOGCAP contract, once again, say we should not stand for it, the Jus- issues of contract abuses. I suggested given to Halliburton and their sub- tice Department should not stand for to the Armed Services Committee that sidiary, Kellogg, Brown and Root. it, and certainly victims should not they look into what is not only called What I told them this morning is what stand for a circumstance where some the LOGCAP, which is a logistic con- I found in 10 hearings. I held up a white $46 billion in court-ordered fines and tract which, in this case, Halliburton, towel, a white hand towel that most restitution remains uncollected, while or their subsidiary, KBR, provided cer- would recognize. It hangs in the bath- at least some are taking trips to Lon- tain logistics assistance to the Depart- rooms in most homes. don and have $400,000 in 401(k) ac- ment of the Army under a contract A man named Henry Bunting came to counts, are hiding their assets by worth billions of dollars, I suggested us. Henry Bunting was in Kuwait. He transferring businesses to children, liv- they also look into the RIO contract, was actually buying supplies for the ing in multimillion-dollar homes and which is Restore Iraqi Oil contract. troops in Iraq. Henry Bunting was a deciding they won’t pay the fines, they I pointed out to them that the purchaser for KBR in Kuwait. They won’t pay the restitution, and nothing woman who rose to become the highest said to Henry Bunting: Buy some tow- much is going to happen to them be- contract official in the U.S. Corps of els for the troops. So Henry goes about cause we are not very aggressive on be- Engineers—she rose to become the buying towels for the troops. But then half of victims or on behalf of this highest civilian contract official in the the supervisor said: No, you can’t buy country in getting those fines and res- Army Corps of Engineers—she said the those towels. You have to buy towels titutions paid. awarding of the RIO contract, the Re- that have the embroidered name of That is not the right course for this store Iraqi Oil contract—Restore Iraqi KBR on the towel, triple the cost. country. I plan offer the amendment Oil is what RIO stands for—to Halli- Henry said it would cost a lot of shortly to address this problem. I am burton and KBR was ‘‘the most blatant money. It doesn’t matter, the tax- checking with Senator GRASSLEY for contracting abuse I have seen in my payers are paying for this, cost plus. his cosponsorship. As I indicated, he entire career.’’ This is from the top ci- Triple the price of the towels so you was the primary cosponsor when we in- vilian contracting officer. can put the embroidered initials of the troduced the legislation earlier this What happened to her? She paid for company on the towels. year. that with her job. For that she was de- How about $45 for a case of Coca- I hope that perhaps we can consider moted. Before she said that publicly, Cola? How about $7,500 a month to this legislation as an amendment that she was given outstanding evaluations lease an SUV? Henry Bunting told us would be added to the court security every year. Once she said publicly what about that as well. bill. she had told them privately, and they Regarding the court security bill, I ignored, they began the process of giv- I described the other issues. Rory am pleased this bill is before the Sen- ing her performance evaluations that Mayberry—Rory showed up at a hear- ate. It is rather strange we had to have were inferior for demotion. ing. He was a food service supervisor a recorded vote on whether we would A couple of nights ago, I called the for KBR in Iraq at a cafeteria. He said have a motion to proceed to go to a general, now retired, who brought this he was told by his supervisor: Don’t court security bill, but I guess that is contracting officer in as the top civil- you dare talk to Government auditors the strange, Byzantine circumstances ian contracting officer. I said: What’s when they show up. If you do, you will of legislative activities these days in the story? get fired or you will get sent to an ac- the Senate. He said: She has been dealt an awful tive combat zone. Don’t you dare talk Now that it is before the Senate, this hand, and it has been very unfair to to a Government auditor. is important business, and we should her. She is a straight-shooter, she is He said: We routinely provided food proceed to consider amendments and competent, she speaks the truth. The to the soldiers that had expired date then pass this legislation and move to fact is, she is paying for telling the stamps on it. the other issues that are before us. truth. The supervisor said: It doesn’t mat- I yield the floor, and I suggest the ab- I suggested to the Armed Services ter—the expired date stamps—feed the sence of a quorum. Committee that this woman, named expired food to the troops. The PRESIDING OFFICER (Mr. Bunnatine Greenhouse, who had the BROWN). The clerk will call the roll. courage to speak out against con- We know from previous press ac- The assistant legislative clerk pro- tracting abuse, should be called to tes- counts that at one point that company ceeded to call the roll. tify. was charging for 42,000 meals a day to Mr. DORGAN. Mr. President, I ask We ought to put a stop to this stuff soldiers when they were actually only unanimous consent that the order for that when someone in the Federal Gov- feeding 14,000 soldiers. Rory said the the quorum call be rescinded. ernment speaks out and says there is same thing. Rory Mayberry, a super- The PRESIDING OFFICER. Without abuse occurring, the taxpayers are visor in one of the KBR food service objection, it is so ordered. being abused, the soldiers are being situations in Iraq said they were charg- The Senator from North Dakota is disserved, that somehow they injure ing for meals for soldiers who weren’t recognized. their career by telling the truth. But there, and the supervisor said: We are CONTRACTING ABUSES let me go on. doing that because we had lost money Mr. DORGAN. Mr. President, we are I suggested the committee look into previously, so now we are charging for considering the court security bill. At the RIO contract. I sent the issues meals that aren’t being served to sol- the moment, there is no one who wish- raised by Bunnatine Greenhouse, who diers. es to speak on that legislation. I wish paid for her honesty with her job: she How about an eyewitness to an to speak about the Senate Armed Serv- was demoted. I sent all that material $85,000 brand new truck left beside the ices Committee, which is now holding a to the inspector general. Seventeen road in a noncombat zone in Iraq to be hearing. I just finished testifying be- months ago, I got a letter from the in- torched because they didn’t have the fore the Senate Armed Services Com- spector general saying they received it, proper wrench to fix the tire? It doesn’t mittee. I wish to talk about that testi- they looked into all those allegations, matter, the American taxpayer is mony. it has now been referred to the Justice going to buy the new truck, cost plus.

VerDate Aug 31 2005 02:23 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G19AP6.040 S19APPT1 hmoore on PRODPC68 with HMSENATE S4734 CONGRESSIONAL RECORD — SENATE April 19, 2007 The list is almost endless. It is unbe- I will describe at a later time the leg- authorize funds for the U.S. Marshals lievable the stories we have heard from islation I have introduced that deals Service for judicial security. This is a people who wish to come forward. with these contracting abuses so we good bill, and I stand in support of it. One company, the same company can prevent them from ever happening Mr. President, I yield the floor, and I under the LOGCAP contract, was to again. suggest the absence of a quorum. provide water to the military bases in Mr. President, I yield the floor, and I The PRESIDING OFFICER. The Iraq—all of the bases. A whistleblower suggest the absence of a quorum. clerk will call the roll. came to me and said: I have something The PRESIDING OFFICER. The The bill clerk proceeded to call the you should see. It is a 21-page internal clerk will call the roll. roll. report, and it is written by a man The bill clerk proceeded to call the Mr. SANDERS. Mr. President, I ask named Will Granger who is in charge of roll. unanimous consent the order for the all water going to the bases in Iraq. He Ms. KLOBUCHAR. Mr. President, I quorum call be rescinded. is the KBR employee, Halliburton em- ask unanimous consent that the order The PRESIDING OFFICER. Without ployee in charge of all water that goes for the quorum call be rescinded. objection, it is so ordered. to the bases in Iraq. The PRESIDING OFFICER. Without Mr. SANDERS. I ask consent to He said instead of treating the water, objection, it is so ordered. speak as in morning business. nonpotable water which soldiers use to Ms. KLOBUCHAR. Mr. President, I The PRESIDING OFFICER. Without shower, shave, sometimes brush their am speaking in favor of S. 378, the objection, it is so ordered. teeth, and so on, instead of treating Court Security Improvement Act of THE ECONOMY the water as it was supposed to have 2007. I have had a personal experience been treated under the contract, the Mr. SANDERS. Mr. President, we with court security issues when I was a hear much from the Bush administra- water was more contaminated with E prosecutor, the chief prosecutor in coli and bacteria than raw water from tion and our Republican friends, al- Hennepin County. most on a daily basis, about how won- the Euphrates River. We had a very tragic incident, where He said: Here is the internal report. derfully our economy is doing. I recall a woman who had emotional difficul- not so long ago being at a Budget Com- The internal report said this was a ties came into our courthouse with a near miss. It could have caused mass mittee hearing when we heard the Sec- gun and gunned down a woman—an in- retary of the Treasury, Mr. Paulson, sickness or death. nocent woman—who was the guardian That was from the internal report I indicating in fact that the economy is of her father’s estate and was simply doing ‘‘just marvelous.’’ had in my hand. The company said it there to help. This had been a long- never happened. This is the internal re- Yet, for obvious reasons, the Amer- standing litigation battle. She tracked ican people do not seem to agree with port made by the man in the company her down at the courthouse and shot whose name is Will Granger, who said: the Bush administration or with our her to death, and shot her own lawyer. Here is what we discovered. Republican friends as to how well the Fortunately, he did not die. He sur- Just after I held the hearing and de- economy is doing. I ask unanimous vived. But this happened only a few scribed this situation, I received an e- consent to have printed in the RECORD mail from a young woman in Iraq who floors below my office. We went on to segments of two polls that were re- was an Army physician. She said: I prosecute this woman, and she was cently released, one by CBS News and read about this hearing about the convicted and sentenced to life in pris- one by Gallup. water issue, the nonpotable water on for the murder and an additional 15 There being no objection, the mate- which was more contaminated than years for the attempted murder. rial was ordered to be printed in the That is why I am such a strong pro- raw water from the Euphrates River RECORD, as follows: ponent of this bill. The Court Security that was being used for nonpotable CBS NEWS POLL water for soldiers. She said: It has hap- Improvement Act will significantly improve our ability to protect judicial of- [Conducted 4/9–12/07; surveyed 994 adults; pened on my base as well. She said: I ± ficials and all those who help to pro- margin of error 3% (release, 4/15). A re- started seeing these illnesses, condi- sponse of * indicates less than 0.5 percent.] tions with the soldiers, and I had a tect the fair and impartial justice system in America. How about the economy? Do you approve lieutenant follow the waterline back. It or disapprove of the way George W. Bush is is exactly the same circumstance—un- The bill is going to improve court se- handling the economy? treated water. We were paying for it, curity by, first, enhancing measures and the company wasn’t doing what that protect judicial personnel, wit- Percent the contract requires, putting at risk nesses, and family members of judicial All Rep Dem Ind personnel. I should note there is a pro- those soldiers. The company denied it Approve ...... 36 66 13 33 happened, but it is in black and white. vision in the bill that allows for State Disapprove ...... 57 27 79 60 The evidence exists. courthouses to apply for grants for Don’t know/NA ...... 7 7 8 7 I described these issues and other things such as witness protection. How would you rate the condition of the issues this morning to the Armed Serv- I will say, coming from running an office of nearly 400 people, but oper- national economy these days? It is very ices Committee. I am pleased they are good, fairly good, fairly bad or very bad? holding hearings. It is long past the ating in a local court system as op- time for them to hold these oversight posed to the Federal system, there are Percent increasing problems for local prosecu- hearings finding out what is happening All Rep Dem Ind and what we can do about it. tors with witness protection. I can’t Mr. President, these are important even count the number of witnesses we Very good ...... 8 19 1 5 Fairly good...... 51 61 44 48 issues. I commend Senator LEVIN, Sen- had threatened during trials. We had a Fairly bad ...... 28 15 38 30 ator WARNER, and all members of the juror threatened who actually had to Very bad ...... 11 4 15 15 Don’t know/NA ...... 2 1 2 2 Armed Services Committee for taking get off the case after a call was made a serious look at these issues. My in- to her home during a trial in a gang Do you think the economy is getting bet- terest is not in tarnishing any com- case. We are seeing an increasing num- ter, getting worse or staying about the pany or anything like that. My inter- ber of cases where we have witnesses same? est is in making sure the American threatened. Obviously, we don’t have taxpayers are not disserved, and they the Federal Witness Protection Pro- Percent have been. And my interest is the gram in a local district attorney’s of- All Rep Dem Ind American soldiers are treated properly, fice, so I am very pleased there are Better ...... 11 24 4 7 and they have not been. What I saw some provisions for this and some real- Worse ...... 44 23 59 47 Same ...... 44 52 36 45 with the waste, fraud, and abuse with ization that this is a growing issue. Don’t know/NA ...... 1 1 1 1 these contracts, in my judgment, is a This bill would also increase funding disservice to the American taxpayer for judicial security at the Federal and Over the past 10 years, do you think life for and a disservice to the country’s sol- State levels. It would strengthen the middle class Americans has gotten better or diers, and the fact is, we can fix this. relevant criminal penalties. It would worse? (Percentage)

VerDate Aug 31 2005 02:47 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G19AP6.041 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4735 Better, 30 Now, the attitudes have shifted slightly favor of the principle that money and wealth Worse, 59 again, to the point where Americans’ senti- in this country should be more evenly dis- Same (vol.), 7 ment in response to this question is roughly tributed. The current 66% who feel that way Don’t know/Refused, 4 split, with 49% saying the government is tied for the highest reading on this meas- In the past couple of years, would you say should redistribute wealth by heavy taxes on ure across this time period in which the you have been getting ahead financially, just the rich, and 47% disagreeing. question has been asked. staying even financially or falling behind fi- People feel differently about how far a gov- A separate question asked: nancially? (Percentage) ernment should go. Here is a phrase which As far as you are concerned, do we have too Getting ahead, 21 some people believe in and some don’t. Do many rich people in this country, too few, or Staying even, 50 you think our government should or should about the right amount? Falling behind, 27 not redistribute wealth by heavy taxes on Don’t know/NA, 2 the rich? Percent How much difficulty would you have if you had to pay an unexpected bill of one thou- Right No Percent Too many Too few amount opinion sand dollars right away—a lot, a little, not much or none at all? (Percentage) Yes, No, No April 2 to 5, 2007 ...... 37 17 40 6 should April 23 to May 31, 1998 ..... 25 20 50 5 A lot, 43 should not opinion A little, 24 May 17 to 20, 1990 ...... 21 15 55 9 Not much, 15 April 2 to 5, 2007 ...... 49 47 4 None at all, 17 April 23 to May 31, 1998 ...... 45 51 4 Here we have evidence of a growing resent- March 1939 1 ...... 35 54 11 Don’t know/NA, 1 ment toward the rich. The percentage of How concerned are you that you will have 1 Roper for Fortune Magazine. Americans who say there are too many rich people in the United States—although still a enough money to pay for major expenses, for One must be cautious in interpreting example, healthcare, tuition, buying a home, minority—is up significantly from the two changes between the 1939 poll, which was times in the 1990s when this question was and retirement? Are you very concerned, conducted using different sampling and somewhat concerned, not very concerned or asked. methods than is the case today, and the cur- In summary, the data show that: not at all concerned? (Percentage) rent poll. It does appear safe to say, however, Very concerned, 46 A significant majority of Americans feel that based on this one question, the Amer- that money and wealth should be distributed Somewhat concerned, 33 ican public has become at least somewhat Not very concerned, 14 more equally across a larger percentage of more ‘‘redistributionist’’ over the almost Not at all concerned, 7 the population. These last few questions are for back- seven decades since the end of the Depres- A significant majority of Americans feel ground only. A person’s social class is deter- sion. that the rich pay too little in taxes. The current results of this question are in mined by a number of things including edu- About half of Americans support the idea line with a separate Gallup question that cation, income, occupation and wealth. If of ‘‘heavy’’ taxes on the rich to help redis- asks whether various groups in American so- you were asked to use one of these five tribute wealth. ciety are paying their fair share of taxes, or names for your social class, which would you Almost 4 out of 10 Americans flat-out say too much or too little. Two-thirds of Ameri- say you belong in—upper class, upper-middle there are ‘‘too many’’ rich people in the cans say ‘‘upper-income people’’ are paying class, middle class, working class or lower country too little in taxes. class? (Percentage) As I read off some different groups, please IMPLICATIONS Upper, 2 tell me if you think they are paying their Most societies experience tensions revolv- Upper middle, 13 ing around inequalities of wealth among Middle, 42 FAIR share in federal taxes, paying too those societies’ members. This seemingly in- Working, 36 much or paying too little? evitable fact of life has been at the core of Lower, 7 Upper-income people: Don’t know/NA, 0 revolutions throughout history. American Percent society has been immune from massive re- [From the Gallup Poll, Apr. 16, 2007] Fair Too Too lit- No volts of those at the bottom end of the spec- AMERICANS MORE IN FAVOR OF HEAVILY share much tle opinion trum in part because the public perceives TAXING RICH NOW THAN IN 1939 that the United States is an open society April 2 to 5, 2007 ...... 21 9 66 4 (By Frank Newport) April 10 to 13, 2006 ...... 21 8 67 4 with upward social mobility. A recent Gallup PRINCETON, NJ.—About half of Americans April 4 to 7, 2005 ...... 22 7 68 3 Poll found a majority of Americans believing advocate heavy taxation of the rich in order April 5 to 8, 2004 ...... 24 9 63 4 that people who make a lot of money deserve April 7 to 9, 2003 ...... 24 10 63 3 to redistribute wealth, a higher percentage April 6 to 7, 1999 ...... 19 10 66 5 it, and that almost anyone can get rich if than was the case in 1939. More generally, a April 9 to 10, 1996 ...... 19 9 68 4 they put their mind to it. And a 2003 Gallup large majority of Americans support the April 16 to 18, 1994 ...... 20 10 68 2 Poll found that about a third of Americans, March 29 to 31, 1993 ...... 16 5 77 2 principle that wealth should be more evenly March 26 to 29, 1992 ...... 16 4 77 3 including a significantly higher percentage distributed in America, and an increasing of younger Americans, believed that they number—although still a minority—say There is no trend on this question going themselves would one day be rich. there are too many rich people in the coun- back to the 1930s, but the supermajority The findings reviewed in this report most try. Attitudes toward heavy taxes on the agreement that upper-income people pay too likely reflect at least in part the fact that it rich are strongly related to one’s own in- little in taxes has been evident for the last 15 is easy to advocate greater taxation of the come, and Democrats are much more likely years. rich, since most Americans do not consider to be in favor of income redistribution than More on attitudes toward wealth and the themselves rich. are Republicans. rich: In fact, a 2003 Gallup Poll found that the Basic Trends The most recent Gallup Poll included two median annual income that Americans con- A poll commissioned by Fortune Magazine other questions measuring attitudes toward sidered ‘‘rich’’ was $122,000. Since the aver- in 1939 and conducted by famous pollster wealth and the rich. age income in America is markedly below Elmo Roper included a question phrased as Do you feel that the distribution of money that, it follows that most Americans do not follows: and wealth in this country today is fair, or consider themselves rich. (Eighty percent of ‘‘People feel differently about how far a do you feel that the money and wealth in Americans put themselves in the middle government should go. Here is a phrase this country should be more evenly distrib- class, working class, or lower class. Only 1 % which some people believe in and some don’t. uted among a larger percentage of the peo- identify themselves as being in the upper Do you think our government should or ple? class, while 19% are willing to say the upper should not redistribute wealth by heavy middle class.) taxes on the rich?’’ Percent The data show that as one gets closer to being what Americans consider rich, one is At that time, near the end of the Depres- Should be sion, only a minority of Americans, 35%, said Distribution No also less interested in the rich being taxed is fair more evenly opinion the government should impose heavy taxes distributed heavily. This relationship is fairly linear; on the rich in order to redistribute wealth. A the more money one makes in general, the April 2 to 5, 2007 ...... 29 66 5 slight majority—54%—said the government January 10 to 12, 2003 ...... 31 63 6 more likely one is to say that the govern- should not. (Eleven percent did not have an September 11 to 13, 2000 .... 38 56 6 ment should not be imposing heavy taxes on opinion.) April 23 to May 31, 1998 ...... 31 63 6 the rich. April 25 to 28, 1996 ...... 33 62 5 Gallup asked this question again in 1998 May 17 to 20, 1990 ...... 28 66 6 People feel differently about how far a gov- and found the percentage willing to say that December 7 to 10, 1984D31 60 9 ernment should go. Here is a phrase which the government should redistribute wealth some people believe in and some don’t. Do had gone up by 10 points (while the ‘‘no opin- The results of this question, asked seven you think our government should or should ion’’ responses had dropped to 4% and the times over the past 23 years, have consist- not redistribute wealth by heavy taxes on negative stayed slightly above 50%). ently shown that Americans are strongly in the rich?

VerDate Aug 31 2005 02:23 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.019 S19APPT1 hmoore on PRODPC68 with HMSENATE S4736 CONGRESSIONAL RECORD — SENATE April 19, 2007

Percent by a 2-to-1 margin the American people view, the correct perception of what is have said that life for the middle class going on. Since George W. Bush has Income No, Yes, is getting worse, not better. been President, more than 5 million should should not In terms of the Gallup Poll, the Gal- Americans have slipped into poverty, $75,000+ ...... 35 62 lup people, from April 2 to April 5, including 1 million children. This coun- $50,000 to $75,000 ...... 46 51 asked some very interesting questions try now has the very dubious distinc- $30,000 to $50,000 ...... 58 41 $20,000 to $30,000 ...... 55 42 that we very often do not speak about tion of having by far the highest rate $20,000 ...... 64 26 here on the floor of the Senate. In my of childhood poverty of any major in- view, what we have seen since Presi- dustrialized country on Earth. How do There are also political differences in views on heavy taxes on the rich. Democrats dent Bush has been in office, in a gen- you have a great economy, a booming are more than twice as likely as Republicans eral sense, is the shrinking of the mid- economy, when 5 million more Ameri- to agree that the government should redis- dle class, an increase in poverty, and a cans have slipped into poverty? Median tribute wealth by heavy taxes on the rich. growing gap between the rich and the income has declined in our country for People feel differently about how far a gov- poor—not something we talk about ter- 5 years in a row. Americans understand ernment should go. Here is a phrase which ribly often on the floor of the Senate, that the economy is not doing well some people believe in and some don’t. Do not something that is talked about ter- when the personal savings rate is below you think our government should or should zero, which has not happened since the not redistribute wealth by heavy taxes on ribly often in the corporate media. But the rich? here is the question, very interest- Great Depression. How do we talk ingly, that Gallup asked the American about a strong economy when 7 million Percent people, between April 2 and April 5: Americans have lost their health insur- ‘‘Do you feel that the distribution of ance since President Bush has been in Party Yes, No, should should money and wealth in this country office, and when we now have, unbe- not today is fair, or do you feel that the lievably, 47 million Americans who Republican ...... 30 68 money and wealth in this country have no health insurance at all? Independent ...... 51 43 How can anybody come to the floor Democrat ...... 63 32 should be more evenly distributed among a larger percentage of the peo- of the Senate, or anybody in the Bush BOTTOM LINE ple?’’ Answer: Distribution is fair, 29 administration talk about a strong Americans in general agree with the con- percent; should be more evenly distrib- economy, when we have 47 million cept that money and wealth should be dis- uted, 66 percent. Americans who have no health insur- tributed more equally in society today, and Then the next question they asked, ance at all; when 35 million Americans that the upper-income class of Americans do which was rather a clumsy question, I in our country, the richest country in not pay their fair share in taxes. About half thought, and I was surprised by the an- the history of the world, struggled to of Americans are willing to go so far as advo- put food on the table last year; and the cate ‘‘heavy taxes’’ on the rich in order to swer, but this was the question. Ques- redistribute wealth. These findings are de- tion: ‘‘People feel differently about number of the poorest, most hungry spite the belief of many Americans that the how far a government should go. Here Americans keeps getting larger? The rich deserve their money and the hopes is a phrase which some people believe American people understand this is not Americans themselves harbor that they will in and some don’t. Do you think our an economy that is working for ordi- be rich some day. Government should or should not redis- nary people. In this economy today, From a political viewpoint, these data sug- tribute wealth by heavy taxes on the more and more of our brothers and sis- gest that a political platform focused on ad- ters, our fellow Americans, are going dressing the problems of the lower and mid- rich?’’ dle classes contrasted with the rich, includ- That is a pretty clumsy question. Do hungry. Let’s not talk about a booming ing heavier taxes on the upper class, could you know what the answer was to that economy when we have children in meet with significant approval, particularly rather clumsy question? Yes, should re- America who are hungry. among Democrats and those with lower in- distribute wealth, 49 percent; no, Mr. President, you and I have heard, comes. should not, 47 percent. over and over again, people talking SURVEY METHODS I mention this poll because it is im- about the importance of education for These results are based on telephone inter- portant to understand that despite a this country. Yet millions of working views with a randomly selected national lot of the rhetoric we hear from the families do not know how they are sample of 1,008 adults, aged 18 and older, con- White House and on the floor of the going to be able to send their kids to ducted April 2–5, 2007. For results based on Senate, the American people under- college when the cost of college edu- this sample, one can say with 95% confidence stand that in terms of our economy, cation is soaring, when the average that the maximum error attributable to sampling and other random effects is ±3 per- something is fundamentally wrong. person graduating a 4-year college centage points. In addition to sampling They understand it because they are leaves that school $20,000 in debt, when error, question wording and practical dif- living the experience of working longer hundreds of thousands of young people ficulties in conducting surveys can introduce hours for lower wages; of working day are now giving up the dream of going error or bias into the findings of public opin- after day, trying to pay the bills for to college because they don’t want to ion polls. their family, trying to send their kids come out deeply in debt? How do we Mr. SANDERS. When the American to college, trying to take care of health talk about a booming economy when so people were asked by CBS News the care, trying to provide childcare for many of our young people, some of the question, ‘‘Do you think the economy their kids. They know the reality of brightest, most able of our young peo- is getting better, getting worse or stay- the economy because they are the ple, are giving up the dream of going to ing about the same?’’ 11 percent of the economy. college? How do you compete on the American people said the economy is Every single day the people of our international and global economy if so getting better, 44 percent thought it country are seeing an economy which many of our young people are not able was getting worse, and 44 percent is forcing them in many instances to to get the kind of education they need? thought it was about the same. work longer hours for lower wages, an When we talk about a booming econ- Then, interestingly, in that same economy in which they wonder how omy, how does that correlate with the poll, when the American people were their kids are going to be able to go to fact that our manufacturing infra- asked by CBS the question, ‘‘Over the college, able to afford college; an econ- structure is falling apart, that since past 10 years, do you think life for mid- omy in which they worry that for the President Bush has been in office we dle class Americans has gotten better first time in the modern history of our have lost over 3 million good manufac- or worse?’’ 30 percent said life has got- country, their children will see a lower turing jobs, and when people go out to ten better, 59 percent, almost a 2-to-1 standard of living than they do. That is the store to shop, when they look at margin, said life is getting worse, and 7 the reality of the economy, in the eyes, the product, they know where that percent said the same. I believe, of millions of American product is manufactured today? It is Technology has exploded in recent workers. not manufactured in the United States. years. Our workers are far more pro- That perception that the American Over and over again they see it is man- ductive than used to be the case. Yet worker has of the economy is, in my ufactured in China.

VerDate Aug 31 2005 02:23 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.021 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4737 We have a trade deficit now of over ing is, with the decline of the middle not giving tax breaks to billionaires. $700 billion. In my small State of class, a huge increase in the percentage What are our priorities? Vermont, not a manufacturing center, of the income being made by the people Let me conclude by saying that I we lost 20 percent of our manufac- on top. Let me repeat it. The top think the American people, on issue turing jobs in the last 5 years and that 300,000 Americans now earn nearly as after issue, are far ahead of where we phenomenon is going on all over this much income as the bottom 150 million are in Congress. So we are going to country. How do you have a booming Americans. Is that the kind of country have to work very hard to catch up to economy when we are losing huge num- we really want to become, with so few where the American people are. I think bers of good-paying manufacturing jobs having so much and so many having so we should begin the process of doing and we are on the cusp of losing mil- little? I do not think that is the Amer- that. lions of good-paying, white-collar in- ica most people want to see us evolve We need to fundamentally change our formation technology jobs? into, an oligarchic form of society. national priorities. We have to have Three million fewer American work- That is wrong. the courage now to stand up to the ers today have pension coverage than According to Forbes magazine, the wealthiest people and the largest cor- when President Bush took office. Half collective net worth of the wealthiest porations and say to those people: The of private sector American workers 400 Americans increased by $120 billion free ride is over. have no pension coverage whatsoever. last year to $1.25 trillion—$1.25 trillion Our job is to represent the middle How does that speak to a strong econ- for the wealthiest 400 Americans. That class, working families, the lower in- omy? It was not so many years ago is an astounding number. The reality is come people who are not getting jus- that workers understood that when that in America today, we have the tice from the Congress. When we stand they left their job, there would be a de- people on the top who have more in- and do the right thing for the middle fined pension available to them. They come, in some cases, than they are class and working families of this knew what they were getting. Today, going to be able to spend in a thousand country, I believe we are going to see a those days seem like ancient history. lifetimes, while people in Vermont, significant increase in the respect this Fewer and fewer workers have solid people in Ohio, people in Minnesota, body receives. pensions on which to depend. people all over our country are strug- Mr. President, I yield the floor. What is important to understand is, gling so hard to provide basic needs for Ms. KLOBUCHAR. Mr. President, I while poverty is increasing, while the their families. suggest the absence of a quorum. middle class is shrinking, while more One of the reasons the gap between The PRESIDING OFFICER. The and more people are losing their health the rich and the poor is growing wider clerk will call the roll. insurance, while hunger is growing in and why we now have by far the most The bill clerk proceeded to call the America, while good-paying jobs are unequal distribution of income and roll. going to China, the truth is not all is wealth of any major country is due to Mr. BROWN. I ask unanimous con- bad in the American economy. We have the passage of massive tax breaks for sent that the order for the quorum call to acknowledge that. Are there some millionaires and billionaires since be rescinded. people who in fact are doing well? The President Bush has been in office. The PRESIDING OFFICER (Mr. answer is yes. Today, the simple truth Now, you stop and you take a look at TESTER). Without objection, it is so or- is the top 1 percent of the families in the needs of the people of our country dered. our country have not had it so good in the most basic sense. Mr. BROWN. Mr. President, I rise in since the 1920s. When that poll I men- Hunger is increasing. Well, what do support of this crucial legislation. I tioned from Gallup talks about the we think? Should we eliminate hunger want to read into the record a state- American people wanting to seek an in America or do you give tax breaks ment from the Bush administration in understanding of the unfair distribu- to billionaires? I don’t think too many support of the bill. It is from the Exec- tion of wealth, this is precisely what people would disagree with what we utive Office of the President, State- they are referring to. should be doing. ment of Administration Policy: Today in the United States we have We have a crisis in affordable The Administration supports Senate pas- by far the most unequal distribution of childcare in America. We have single sage of S. 378 to strengthen judicial security. income and wealth of any major coun- moms, working families, both parents The legislation would enhance the ability of try on Earth. Let me highlight very going to work, trying to provide well the Federal government to prosecute indi- briefly a recent study done by Pro- for their 2-year-old, 3-year-old. They viduals who attack or threaten participants fessor Emmanuel Saez from the Uni- cannot provide affordable childcare. in the Nation’s judicial system, including versity of California-Berkeley and Pro- The Federal Government provides to- judges, lawyers, witnesses, and law enforcement officers. A Nation founded on the rule fessor Thomas Piketty from the Paris tally inadequate childcare. Do we in- of law must protect the integrity of its judi- School of Economics. This is what they crease funding for childcare or do we cial system, which must apply the law with- found. In 2005, while average incomes give tax breaks to millionaires? out fear or favor. The Administration also for the bottom 90 percent of Americans We are all aware of the scandal at supports the provision to prohibit the filing declined by $172, the wealthiest one Walter Reed Hospital. We are all aware of false liens against judges, prosecutors, and one-hundredth of 1 percent reported an of the outrageously inadequate way we other government officials to retaliate average income of $25.7 million, a 1- treat our veterans, men and women against them for the performance of their of- year increase of $4.4 million. who put their lives on the line defend- ficial duties. In other words, for the people at the ing this country. Yet when they come Another of the most important provi- very top, a huge increase in their in- home from Iraq, there is inadequate sions of this bill was brought to our at- come, while 90 percent of the American care at the hospital at Walter Reed and tention by Judge Carr of the Northern people saw a decline. The gap between inadequate care and waiting lines at District Court in Toledo, OH. Judge the rich and the poor, the rich and the VA hospitals all over America. What is Carr pointed out the importance of sec- middle class, continues to grow wider. our priority? Do we take care of our tion 101 that ‘‘enhances the ability of The top 1 percent of Americans re- veterans or do we give tax breaks to the Judicial Conference of the United ceived, in 2005, the largest share of na- millionaires and billionaires? States to participate in determining tional income since 1928. And some peo- In America, millions of children do the security needs of the judicial ple may remember what happened in not have any health insurance. What branch by requiring the Director of the 1929. The top 300,000 Americans now are our priorities? U.S. Marshals Service . . . to consult earn nearly as much income as the bot- People are paying 50 percent of their with the Judicial Conference on an on- tom 150 million Americans combined. limited income for housing because we going basis regarding the security re- You and I have heard many of our are not building affordable housing. quirements of the judicial branch.’’ friends here on the other side of the What are our priorities? This legislation makes sense for a va- aisle talk about how much the wealthy We have a major crisis in global riety of reasons. Not only must our are paying in taxes. My, my, my. Yet warming. We should be investing in judges be protected, but they must the reason for that is what we are see- sustainable energy, energy efficiency, have a seat at the table in determining

VerDate Aug 31 2005 00:53 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G19AP6.019 S19APPT1 hmoore on PRODPC68 with HMSENATE S4738 CONGRESSIONAL RECORD — SENATE April 19, 2007 the safety of our Federal courthouses propriate response to disagreements staff of the Ninth Circuit and a new or and the personal safety of the employ- with a court’s decisions. Rather, it is expanded courthouse and an adminis- ees of the Federal judiciary and the essential that we preserve our system trative building since existing judicial participants who come in front of the of checks and balances and make it facilities for a Twelfth Circuit are in- Federal bench. clear that politicians will not meddle adequate. The Administrative Office of I suggest the absence of a quorum. in the work of judges. The configura- the U.S. Courts estimated that cre- The PRESIDING OFFICER. The tion of the Ninth Circuit is not set in ating a Twelfth Circuit would have a clerk will call the roll. stone; however, any change to the startup cost of $96 million, with an- The assistant legislative clerk pro- Ninth Circuit should be guided by con- other $16 million in annual recurring ceeded to call the roll. cerns of efficiency and administration, cost. Mrs. FEINSTEIN. Madam President, not ideology. If we are going to do anything, what I ask unanimous consent the order for After a substantial review of the sta- we need is more judges on the Ninth the quorum call be rescinded. tistics, decisions, and reports from Circuit. That is the key. With budget The PRESIDING OFFICER (Mrs. those who know the circuit best, it is pressures already forcing our Federal MCCASKILL). Without objection, it is so clear that splitting the Ninth Circuit courts to cut staff and curtail services, ordered. Mrs. FEINSTEIN. Madam President, would hinder its mission of providing this is no time to impose new, unneces- I rise in strong opposition to the justice for the people of the West. sary costs on the judiciary. The split proposal before us would My colleague, Senator BARBARA amendment before us that will split unfairly distribute judicial resources to BOXER, joins me in these remarks. She the Ninth Circuit. We will be voting on the West. This is the key. The Ninth will have a separate statement. a point of order at 2 o’clock. Those who know the Ninth Circuit I think it is very unfortunate that Circuit would keep 71 percent of the the pending bill, to make much-needed caseload of the current circuit but only best overwhelming oppose the split. Of improvements in the security of our 58 percent of its permanent judges. Any the active Ninth Circuit Court of Ap- judges, is being threatened by a rehash- split we look at, because California is peals judges, 18 oppose the split, to be ing of an old and bad idea to split the so big, tilts the circuit and, of course, exact, and only 3 support it. The dis- circuit. There is a raft of reasons why all of the proponents of the circuit trict court and bankruptcy judges of the Senate should defeat this effort to split take the judges with them. So it the Ninth Circuit also oppose the split. divide the Ninth Circuit. First, it leaves a disproportionate share of a Every State bar association that has would be a serious blow to judicial heavy caseload in the Ninth Circuit— weighed in on the split—Alaska, Ari- independence if the circuit were to be unless you split California, and to split zona, Hawaii, Montana, Nevada, Or- split because of disagreement with its California creates a host of technical egon, and Washington—opposes break- decisions. It would also result in an un- and legal problems. ing up the Ninth Circuit, and more fair distribution of the Ninth Circuit Last year, the Ninth Circuit had a than 100 different national, regional, caseload. Judges in the new Ninth Cir- caseload of 570 cases per judge, as op- and local organizations have written to cuit would be much more busy than posed to a national average of 381 cases urge that the Ninth Circuit be kept in- their counterparts on the Twelfth Cir- per judge. So under the proposed split, tact. cuit. The proposal that is being made the Ensign plan, the average caseload I believe splitting the Ninth Circuit would create more problems right now by Senator ENSIGN essentially takes in the new Ninth Circuit would actu- California, Hawaii, Guam, and the Mar- ally increase to 600 cases per judge, than it would solve. It will not solve iana Islands and puts them into their while the new Twelfth Circuit would the caseload problem of the circuit, own Ninth Circuit, and takes all the have half that, 326 cases per judge. and that is the critical issue. Those big continental States that are now There is no effort to give the Ninth the who propose the split do so to unfairly part of the Ninth Circuit and creates a new judges they would need to keep the benefit themselves because they also Twelfth Circuit. That is the proposal caseload even. This inequitable divi- take the judges from the Ninth Circuit that is before the body now. sion of resources would leave residents and they add them to the Twelfth Cir- This proposal would also destroy the of California and Hawaii facing greater cuit. They would end up having a case- current uniformity of the law in the delays and with court services inferior load per judge of one-half of what the West. It would have significant costs to their Twelfth Circuit neighbors. caseload would be in a new Ninth Cir- that the judiciary cannot afford to The uniformity of law in the West is cuit. So it is not a fair plan because it bear, given its already tight budgets, a key advantage of the Ninth Circuit, does not fairly distribute the resources and it is opposed by the vast majority offering consistency to States that based on caseload. I believe there is of the people who know the circuit share many common concerns. The size only one criterion for resources, and best: its judges. Virtually overwhelm- of the Ninth Circuit is an asset, offer- that is caseload. The judges must be ingly I think all but three or four of ing a unified legal approach to issues where the cases are, and that should be the judges in the Ninth Circuit oppose from immigration to the environment. an inescapable truth that we follow. its splitting. Dividing the circuit would make solv- I urge the Senate to vote to sustain I agree with many of the Ninth Cir- ing these problems even more difficult. the point of order on the Ensign cuit’s decisions. I disagree with some of For example, splitting the circuit amendment to split the Ninth Circuit, them. However, the Framers of the could result in different interpreta- and instead let’s focus our attention on Constitution intended the judiciary to tions in California and Arizona of laws securing the courts and then, secondly, be independent and free from congres- that govern immigration, different ap- providing the judges who are necessary sional or Presidential pressure or re- plications of environmental regula- to equalize caseloads throughout the prisal. I am concerned that recent at- tions on the California and Nevada Nation. tempts to split the Ninth Circuit are sides of Lake Tahoe, and different in- Mr. President, I raise a point of order part of an assault on the independence tellectual property law in Silicon Val- that the pending amendment violates of the judiciary by those who disagree ley and the Seattle technology cor- section 505(a) of H. Con. Res. 95, the with some of the court’s rulings. ridor. These differences would have concurrent resolution on the budget for As former Gov. Pete Wilson has stat- real economic costs. These are border fiscal year 2004; that at 2 p.m. today, a ed: States, and trade and commerce in the vote occur on Senator ENSIGN’s motion These attempts are judicial ‘‘gerry- Pacific is a huge part of what they do. to waive the point of order, considered mandering,’’ designed to isolate and punish Therefore, the legal consistency be- made by this agreement, with the time judges whose decisions some disagree with. tween them is an asset, not a disadvan- until 2 p.m. equally divided and con- They are antithetical to the Constitution. tage. trolled between Senators FEINSTEIN That is not me saying that; that is In a time of tight judicial budgets, and ENSIGN or their designees; that if the former Republican Governor of splitting the circuit would add signifi- the motion to waive the Budget Act is California. cant and unnecessary expense. The not successful, then without further in- Attempting to coerce or punish split actually would require additional tervening action or debate, the bill be judges or rig the system is not an ap- Federal funds to duplicate the current read a third time and the Senate vote

VerDate Aug 31 2005 02:23 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G19AP6.022 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4739 on passage of the bill; that if the mo- concerns such as the environment and Circuit is opposed by the majority of tion to waive the Budget Act is suc- Native American rights could end up people who would be most affected—the cessful, the provision on third reading with different rules of law. This would judges and attorneys of the Ninth Cir- and passage be vitiated. create confusion and cause serious cuit. I ask that the preceding be done by problems between States. I urge my colleagues to reject this unanimous consent. And splitting the Ninth Circuit unnecessary amendment that has noth- The PRESIDING OFFICER. (Mr. would impose huge new costs. A split ing to do with court security, and cre- SALAZAR). Without objection, it is so would require new Federal funds for ates new problems and costs for the ordered. courthouses and administrative build- parties, lawyers and judges that prac- Mrs. FEINSTEIN. Mr. President, I ings. Existing judicial facilities are tice in the Ninth Circuit. yield the floor, and I suggest the ab- just not equipped for a new circuit. The I yield the floor. sence of a quorum. Administrative Office estimates these The PRESIDING OFFICER. Under The PRESIDING OFFICER. The start-up costs to be $96 million, and the previous order, the Senator from clerk will call the roll. then $16 million in annual recurring Nevada is expected to make a motion The bill clerk proceeded to call the costs under the proposed split. The ju- to waive the Budget Act. roll. diciary budget is already stretched Mr. ENSIGN. Mr. President, I ask the Mr. SPECTER. I ask unanimous con- thin. The creation of a new and costly Chair to rule on the point of order. sent that the order for the quorum call bureaucracy to administer the new cir- The PRESIDING OFFICER. The be rescinded. cuit would just add to our growing def- point of order is sustained. The PRESIDING OFFICER. Without icit. And this proposal does not have The amendment falls. objection, it is so ordered. the support of the people whom it will Mr. KYL. Mr. President, I wish to Mr. SPECTER. Mr. President, I urge most directly affect. comment on section 207 of the pending my colleagues to sustain the budget Judges on the circuit oppose the matter, the Court Security Improve- point of order because the underlying split. Members of the State bars af- ment Act of 2007. Section 207 increases amendment, which would split the fected by the split oppose it. And al- the statutory maximum penalties for Court of Appeals for the Ninth Circuit, most 100 Federal, State, and local orga- the Federal offense of manslaughter. is not yet ripe for consideration by this nizations oppose splitting the Ninth Pursuant to this legislation, the max- body. The issue is a very complicated Circuit. Only 3 of the 26 active judges imum penalty for involuntary man- one as to what will happen with the on the Ninth Circuit favor splitting the slaughter will be increased from 6 to 10 Ninth Circuit. It is admittedly too circuit. Many State bars oppose this years, and the penalty for voluntary large at the present time, but we have proposal including Alaska, Wash- manslaughter will be increased from 10 a lot of analysis to do as to which ington, Nevada, Hawaii, and Arizona. to 20 years. This is a change that I States ought to be in which divisions. Even the Federal Bar Association and sought to have included in last year’s It is an issue which the Judiciary Com- the appellate section of the Oregon bar various court security bills. I am mittee has wrestled with for some feel strongly that we should not split pleased to see that it will be included time. We took it up in the 109th Con- the Ninth Circuit. The State Bar of in this year’s final Senate bill. gress. The two confirmations of Chief Montana does not support this pro- The need for an increase in the man- Justice Roberts and Justice Alito took posal. The Montana bar unanimously slaughter statutory maximum penalty a great deal of time, as did the PA- passed a resolution opposing division of is made clear in testimony that was TRIOT Act, and our bankruptcy legis- the Ninth Circuit. presented before the U.S. Sentencing lation and class action reform, the con- We ought to be listening to the peo- Commission by Paul Charlton, the U.S. firmation process generally. I know ple on the ground who deal with this Attorney for the District of Arizona, on Senator LEAHY, as chairman, plans to issue every day, not creating hardship March 25, 2003. Despite recent changes take up this issue as soon as we can do from our offices in DC. Let’s be frank to the guidelines for manslaughter of- so. We are not ripe for action. here. The motivation behind splitting fenses, the typical DUI involuntary When we finish the next vote, we will the circuit is political. It is an attempt manslaughter crime still is subject to a be taking up final passage on the Court to control the decisions of the judici- sentencing range of only 30 to 37 Security Act. I urge my colleagues to ary by rearranging the bench. The judi- months. Yet, as Mr. Charlton noted in pass this important legislation. There ciary is supposed to be an independent his testimony, under Arizona State is no doubt that there is a real threat branch of government. It must remain law, the presumptive sentence for a to judges. We have seen violence right so. Splitting the circuit is not the right typical DUI involuntary manslaughter in the courtroom. We have seen vio- thing to do for Montana. It is not the offense is 101⁄2 years. In other words, de- lence against family members of Fed- right thing to do for the country. spite recent guidelines adjustments, eral judges. We have seen the extraor- Mrs. BOXER. Mr. President, once the Federal criminal justice system dinary situation that in April of 2005, again we are faced with a proposal to still imposes a sentence for involun- cookies with rat poison were mailed to split the Ninth Circuit Court of Ap- tary manslaughter in drunk driving each of the nine Supreme Court Jus- peals, which includes my home State of cases that is only a third of the sen- tices, also to FBI Director Robert California. tence that would be imposed for the Mueller, and others in the Federal es- The amendment before us today exact same conduct under State law. tablishment. would create a ‘‘new’’ Ninth Circuit, Mr. Charlton concluded that there is The core legislation was introduced with California, Hawaii, and Guam, and a ‘‘dire need for immediate improve- during the 109th Congress in November a new 12th Circuit, consisting of other ments to the manslaughter statutory 7, 2005. It passed unanimously. We need Western States. penalty and sentencing guidelines.’’ As to pass it now to make some very im- I oppose this amendment for three he noted, ‘‘the respect and confidence portant changes to provide for the se- reasons: First, splitting the Ninth Cir- of surviving victims in the federal curity of our Federal judges. cuit would place a greater burden on criminal justice system is severely un- I see the arrival of the Senator from California Federal appellate judges. dermined and will continue to be un- California who has raised a budget Under the new plan, California judges less the statutory maximum penalties point of order. I know we plan to vote would constitute only 58 percent of the are increased to reflect the seriousness imminently. former circuit’s judicial staff, but re- of the crime and the sentencing guide- Mr. BAUCUS. Mr. President, I rise to quired to handle more than 70 percent lines are comparably changed to reflect express my opposition to the Ensign of former circuit’s total caseload. Sec- that increase.’’ amendment. Splitting the circuit ond, splitting the Ninth Circuit is un- With this bill, the Congress finally would have detrimental effects on the necessary. The Ninth Circuit has per- acts on Mr. Charlton’s recommenda- West—in particular, in my home State formed well according to most per- tion to increase the statutory max- of Montana. Splitting the Ninth Cir- formance measures, despite having one imum. I would like to emphasize, how- cuit would eliminate uniformity of law of the highest caseloads per judge in ever, that enactment of section 207 in the West. States sharing common the country. Third, splitting the Ninth does not alone finish the job. As Mr.

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On impact, both fe- punish offenders [as of March 2003] be- District as they relate to the crimes of vol- males were ejected from the vehicle, which cause the federal manslaughter sen- untary and involuntary manslaughter are ignited in flames and burned at the scene. tencing guideline was never changed to not consistent with this perception. Our per- Guerrero fled the scene. Investigation re- reflect the increased penalty.’’ ception, and that of many Indian and non-In- vealed that the defendant’s vehicle had an The Sentencing Commission did dian victims, is that the federal criminal jus- impact speed of between 64 and 70 mph (while eventually adjust the guidelines in re- tice system is in many circumstances unjust. the posted speed limit was 35 mph) and the Consequently, the respect and confidence of victim vehicle had an impact speed of 9 mph. sponse to the 1998 amendments, albeit 5 surviving victims in the federal criminal jus- One victim died at the scene. The medical years after those changes were enacted. tice system is severely undermined and will examiner attributed her death to multiple In case a staffer for the Sentencing continue to be unless the statutory max- blunt force trauma due to the motor-vehicle Commission reads this speech in the imum penalties are increased to reflect the impact. The second victim died two months CONGRESSIONAL RECORD, let me be seriousness of the crime and the sentencing later. While there were small amounts of al- clear: yes, we do expect the Commis- guidelines are comparably changed to reflect cohol detected in the victim/driver’s blood, that increase. the accident reconstructionist did not be- sion to adjust the guidelines for vol- In 1994, the United States Congress amend- lieve it was a significant contributing factor untary and involuntary manslaughter ed the penalty for involuntary manslaughter to the crash. Guerrero was charged and plead in order to reflect the statutory from three years to the current six year guilty to two counts of involuntary man- changes made by section 207. And maximum term. [Footnote: See H.R. Conf. slaughter, with no sentencing agreement. please persuade the Commissioners to Rep. 103–711 (1994).] The primary purpose for The guideline calculation resulted in a total act expeditiously. If this matter is not the amendment was to correct the inad- offense level 13, with acceptance of responsi- addressed during the next appropriate equacy of the three-year penalty as it ap- bility, or a sentencing range of only 12–18 plied to drunk driving homicides. In passing months. Only because of Guerrero’s prior period for submitting proposed changes the amendment, one Senator noted ‘‘Invol- criminal history did he receive a sentence of to the guidelines, I will contact the untary manslaughter most often occurs concurrent terms of 37 months, the high end Commission to inquire why no adjust- through reckless or drunken driving. A of the applicable guideline range. ment has been made. three-year maximum sentence is not ade- In November 2001, Ernest Zahony was driv- I ask unanimous consent that Mr. quate to vindicate the most egregious in- ing eastbound on hwy 160 near the Old Red Charlton’s 2003 testimony before the stances of this conduct, which takes an in- Lake Trading Post on the Navajo Indian Res- Sentencing Commission be printed in creasing toll of innocent victims’ lives.’’ ervation. He crossed the center line and [Footnote: 134 CONG. REC. S.7446–01 (state- struck a family headed westbound on their the RECORD. ment of Sen. Byrd).] I applaud Congress’ ef- way to a late Thanksgiving dinner. The driv- There being no objection, the mate- forts in amending the law. However, it has er was pinned behind the steering wheel and rial was ordered to be printed in the become abundantly clear that the current later died as a result of her injuries. Five RECORD, as follows: statutory penalties remain inadequate to other occupants, including children, received TESTIMONY BEFORE THE U.S. SENTENCING deter and punish offenders because the fed- serious injuries. The defendant walked away COMMISSION eral manslaughter sentencing guideline was from the scene and was found about a mile (By Paul Charlton) never changed to reflect the increased pen- away. The defendant admitted to drinking Members of the U.S. Sentencing Commis- alty. all night and into the morning. At the time Today, the average range of sentence for a sion, thank you for giving me the oppor- of the crash, he is estimated to have had a defendant for involuntary manslaughter is tunity to appear before you to discuss sen- .252 blood alcohol level. The court, applying 16–24 months imprisonment followed by tencing in federal manslaughter cases. This an upward departure, sentenced the defend- three years on Supervised Release. I would topic is particularly important to the Dis- ant to 40 months in custody. like to share with you some of the experi- Victim families routinely hear or read trict of Arizona because my district rou- ences faced by federal prosecutors assigned about state drunk-driving homicide cases tinely handles the highest number of pros- to DUI homicides in Indian country to illus- where long sentences are imposed by state ecutions under the Major Crimes Act arising trate the gravity of theses crimes, the com- court judges. Without exception, every As- out of violations in Indian country, includ- parable state sentences imposed, and to dem- sistant U.S. Attorney and Victim Advocate ing federal manslaughter cases, in the onstrate the need for increased penalties and assigned to federal drunk driving homicides United States. The low statutory and guide- comparable sentencing guidelines: must go through the painful process of ex- line sentences for these offenses are a topic Kyle Peterson, was charged with one count plaining to victim families that the long sen- of frustration routinely discussed among my of involuntary manslaughter for the death of tences meted out in the state court system counterparts with similar criminal jurisdic- a 60-year-old man who was driving to work do not apply because the defendant will be tion responsibilities and who serve on the southbound on the Loop 101 Freeway in sentenced under the federal sentencing United States Attorney General’s Native Phoenix. Peterson was driving north in the guideline scheme. Victim families cannot American Issues Advisory Subcommittee. southbound lanes of the Loop 101. The two comprehend that had the crime occurred in The District of Arizona encompasses the vehicles collided head-on as they entered a state jurisdiction, the defendant would be entire state of Arizona. We have exclusive portion of the freeway located in Indian imprisoned for a substantially longer term. authority to prosecute Major Crimes Act country. The victim was killed instantly. Pe- To illustrate this, in Arizona state court, violations occurring within Arizona’s 21 In- terson suffered serious head injuries but his the crime of manslaughter is designated ei- dian Reservations. Two of the nation’s larg- recovery has been positive. At the time of ther ‘‘dangerous’’ or ‘‘non-dangerous.’’ est Indian Reservations are located in Ari- impact Peterson’s blood alcohol level was [Footnote: Case illustrations were provided zona—the Navajo Nation, with an approxi- .158. He pled guilty to the charge of involun- by the Arizona Chapter of MADD. Expla- mate total population of 275,000 members and tary manslaughter with no agreements and nation of state sentencing categories were a land base of over 17 million acres spanning was sentenced to 14 months in custody fol- provided by the Maricopa County Attorney’s three states (Arizona, New Mexico and lowed by three years on supervised release. Office.] In Maricopa County, DUI homicides Utah), and the Tohono O’odham Nation, with In her victim impact statement, the dece- are almost exclusively charged as ‘‘dan- an approximate total population of 24,000 dent’s widow stated ‘‘[f]inally there is me gerous’’ felonies. [Footnote: According to the members and a land base comparable to the rage at a system that allows a criminal to Maricopa County Attorney’s Office, ‘‘non- state of Connecticut. Recent Department of face almost no punishment because of Fed- dangerous’’ felonies are reserved for those Justice data revealed that the violent crime eral Sentencing Commission laws . . . DUI is DUI homicides with great evidentiary weak- rate on the Navajo Reservation is six times a criminal offense. Why does the Federal sys- nesses and are rarely, if ever, charged.] The the national average. In total, in calendar tem not treat it as such?’’ sentence for manslaughter ‘‘dangerous’’ year 2002, my office handled a total of 64 Gaylen Lomatuwayma was charged with ranges from seven to 21 years in custody and manslaughter and 94 murder cases. In a two- one count of involuntary manslaughter after yields a presumptive 101⁄2 year sentence. year period ending September 2002, the Flag- he struck and killed the victim, who was For example, the Maricopa County Attor- staff division of the U.S. Attorney’s Office walking along Navajo Route 2. The crash ney’s Office stated that generally, where an (which responds to Northern Arizona federal took place after a night of drinking in Flag- intoxicated defendant crosses a center line crimes) handled 65 homicide prosecutions, staff, Arizona. The defendant kept driving striking and killing someone, he/she will al- including 27 manslaughter and 38 murder until his truck stopped working. He was in- most assuredly receive a sentence of 101⁄2 cases. dicted on one count of involuntary man- years. If the individual has a prior drunk In the summer of 2001, this Commission slaughter and was sentenced to 21 months in driving history, the range of sentence in- held a hearing on the impact of the sen- custody followed by 3 years on supervised re- creases by 2 years. In cases where a pas- tencing guidelines on Indians committing of- lease. senger in a defendant’s car is killed, the

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range of sentence generally is 7–101⁄2 years in and his concern whether Haskan was rep- back in January, and it proceeded custody. resented in tribal court on those multiple through regular order. We held a hear- Compare Arizona v. Bruguier with United convictions. ing, issued a committee report, consid- States v. Lomatuwayma. In Bruguier, the Depending on the extent and substance of ered floor amendments, and debated defendant was sentenced to 111⁄2 years for a defendant’s tribal criminal history, the driving while intoxicated and striking and facts, and the character of the victim, a the measure. killing an individual who was jogging along court may make legal and factual findings Now it is time to vote for its passage. a roadway. that the defendant is entitled to an enhance- We can and we must provide for in- Ironically, if any of the victims in the ment. See United States v. Betti Rowbal, 105 creased security for our Federal judges. above-mentioned cases were injured, rather F.3d 667 (9th Cir. Nev.) (Unpublished Deci- Physical attacks on our judges than killed, each defendant would have been sion). In drunk driving homicides, however, sentenced under the assault statute, result- it is hard for a prosecutor to argue that the threaten not only the dedicated public ing in much harsher penalties. [Footnote: Sentencing Commission did not take into ac- servants who serve in these roles but Similarly, the statutory maximum for As- count the loss of life or the degree of a de- also the institution. Our Nation’s sault with a Dangerous Weapon and Assault fendant’s intoxication. Id. Therefore, sen- Founders knew that without an inde- Resulting in Serious Bodily Injury is no tencing enhancements in these cases, al- pendent judiciary to protect individual more than 10 years and a $250,000 fine. 18 though routinely sought, are difficult to sub- rights from the political branches of stantiate and thus are rarely imposed. It is U.S.C.§ 113. The Base Offense Level is 15 and Government, those rights and privi- allows for specific offense characteristics my hope that these examples will serve to il- which may result in a substantially higher lustrate the dire need for immediate im- leges would not be preserved. Our Fed- sentencing range.] To address the low statu- provements to the manslaughter statutory eral courts are the ultimate check and tory and guideline penalty for involuntary penalty and sentencing guidelines. balance in our system of government. manslaughter cases, my office applies alter- I would like to briefly address second de- We owe it to our judges to better pro- native or additional charges in appropriate gree murder. As you consider addressing tect them and their families from vio- cases such as assault or second degree mur- manslaughter, I urge the Commission to re- examine the murder sentencing guidelines in lence to ensure that they have the der. This approach enhances the penalties peace of mind to do their vital and dif- available to the court. Also, the added relationship to the statutory maximum pen- charges will hopefully deter the defendant alty, life imprisonment. The Commission ficult jobs. from future conduct, and provide a means to must evaluate whether the 33 base offense The PRESIDING OFFICER. The advocate on behalf of the surviving victims. level is appropriate given that second degree question is on the engrossment and For example, Sebastian Lopez plead guilty murder involves a high level of culpability third reading of the bill. on the part of the defendant. [Footnote: With to Second Degree Murder for committing a The bill was ordered to be engrossed 1 a Criminal History of I and a 3-level adjust- DUI homicide and was sentenced to 11 ⁄2 for a third reading and was read the years in custody. At the time of this offense, ment for Acceptance of Responsibility, a de- Lopez was serving a sentence of federal pro- fendant would face an adjusted offense level third time. bation for a prior DUI homicide. In total, of 30 (97–121 months in custody).] For exam- Mrs. FEINSTEIN. I ask for the yeas this defendant had four prior DUI convic- ple, Douglas Tree plead guilty to Second De- and nays. tions, three involving accidents and one in- gree Murder for beating his girlfriend’s 18 The PRESIDING OFFICER. Is there a volving death, yet he remained undeterred month old daughter. Her injuries included a sufficient second? fractured clavicle and fractured ribs. He by his first DUI homicide crime and federal There is a sufficient second. sentence. waited until his girlfriend came home to Additionally, federal prosecutors routinely take the child in for medical treatment. The The bill having been read the third seek upward departures to increase a drunk infant was hospitalized, placed on life sup- time, the question is, Shall it pass? driving defendant’s final adjusted sentence. port and later died. Tree received a 142 The clerk will call the roll. However, courts are reluctant to impose up- month sentence. Leslie Vanwinkle was also The bill clerk called the roll. charged with Second Degree Murder for the ward departures in manslaughter cases. In Mr. DURBIN. I announce that the United States v. Merrival, 176 F.3d 1079 (8th beating death of his 70-year-old father. Vanwinkle was sentenced to a term of 151 Senator from Hawaii (Mr. INOUYE) and Cir. 1999), a case prosecuted by the District the Senator from South Dakota (Mr. of South Dakota, the defendant was charged months in custody. These crimes are among with one count of Involuntary Manslaughter the most malicious and often occur with JOHNSON) are necessarily absent. for the DUI homicide of his two passengers, weapons including knives, rocks and shovels. Mr. LOTT. The following Senator is which included a 5-month-old infant. The de- The use of a firearm gives prosecutors the le- necessarily absent: the Senator from verage of charging a gun violation, which fendant plead guilty to the indictment and Arizona (Mr. MCCAIN). drastically enhances the second degree mur- the district court departed upward to sen- der sentence. The PRESIDING OFFICER. Are there tence him to 70 months in custody. In impos- Finally, should the Commission increase any other Senators in the Chamber de- ing sentence, the court stated that the de- the manslaughter sentencing guideline, it siring to vote? fendant’s conduct was extremely dangerous must evaluate the impact that the existing and resulted in two deaths and severe bodily The result was announced—yeas 97, second degree murder guideline will have rel- nays 0, as follows: injury to the three surviving victims. In up- ative to any increase. I therefore encourage holding the sentence, the Eighth Circuit the Commission to consider creating specific [Rollcall Vote No. 135 Leg.] stated ‘‘[w]e make special note, however, offense characteristics that reflect the more YEAS—97 that in imposing a departure of this mag- egregious and aggravated type of murder. nitude, the district court acted at the outer- Akaka DeMint Lott The frustration felt by the victim families, Alexander Dodd Lugar most limits of its discretionary authority.’’ prosecutors, and often expressed by district Allard Dole Martinez Id. at 1082. Consequently, federal courts court judges in imposing sentences is all to Baucus Domenici McCaskill themselves appear to struggle with finding a common in my district and experienced by Bayh Dorgan McConnell just sentence for these crimes and remain re- every federal prosecutor with similar federal Bennett Durbin Menendez luctant to impose an upward departure even criminal jurisdictional responsibilities. So, I Biden Ensign Mikulski Bingaman Enzi Murkowski in the most egregious cases. am thankful and encouraged that this Com- Additionally, if a defendant’s tribal crimi- Bond Feingold Murray mission continues to have an interest in this Boxer Feinstein Nelson (FL) nal history reflects repeated criminal con- area. I am also encouraged that the Commis- Brown Graham Nelson (NE) duct while they are under the influence of al- sion developed the Native American Ad Hoc Brownback Grassley Obama cohol, a prosecutor may seek an enhanced Advisory Committee to more thoroughly re- Bunning Gregg Pryor sentence pursuant to U.S.S.G. § 4A1.3, Ade- view the perceptions of Indian Country Burr Hagel Reed quacy of Criminal History. [Footnote: This Crimes and Sentencing disparity. My col- Byrd Harkin Reid section may only be applied where a defend- leagues and I on the Attorney General’s Na- Cantwell Hatch Roberts ant’s prior sentence(s) are not factored into Cardin Hutchison Rockefeller tive American Issues Advisory Committee Carper Inhofe Salazar his sentencing guideline range. 4A1.3(a).] look forward to the Committee’s findings. Casey Isakson Sanders However, federal court judges are reluctant Thank you again for extending to me the in- Chambliss Kennedy Schumer to apply an upward departure even where a vitation to speak to you today. Clinton Kerry Sessions defendant has prior multiple tribal court Mr. LEAHY. Mr. President, I appre- Coburn Klobuchar Shelby Cochran Kohl Smith DUI convictions. Recently, Dale Haskan re- ciate the hard work of my colleagues in ceived a 14 month sentence for the DUI Coleman Kyl Snowe homicide of a 15-year-old girl. Haskan had coming to agreement to proceed to Collins Landrieu Specter final passage of this important legisla- Conrad Lautenberg Stabenow multiple prior DUIs in tribal court dating Corker Leahy Stevens back 20 years. The district court ruled that tion. Cornyn Levin Sununu only one of his prior convictions was admis- This bill has been a top priority of Craig Lieberman Tester sible because of inadequate documentation the Federal judiciary. I introduce it Crapo Lincoln Thomas

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Thune Warner Wyden (1) in clause (ii), by striking ‘‘and’’ at the (b) CLERICAL AMENDMENT.—The chapter Vitter Webb end; analysis for chapter 73 of title 18, United Voinovich Whitehouse (2) in clause (iii), by striking the period at States Code, is amended by adding at the end NOT VOTING—3 the end and inserting a semicolon; and the following new item: Inouye Johnson McCain (3) by adding at the end the following: ‘‘1521. Retaliating against a Federal judge or ‘‘(iv) the nature or type of information re- The bill (S. 378), as amended, was Federal law enforcement officer dacted; by false claim or slander of passed, as follows: ‘‘(v) what steps or procedures are in place title.’’. S. 378 to ensure that sufficient information is SEC. 202. PROTECTION OF INDIVIDUALS PER- Be it enacted by the Senate and House of Rep- available to litigants to determine if there is FORMING CERTAIN OFFICIAL DU- resentatives of the United States of America in a conflict of interest; TIES. Congress assembled, ‘‘(vi) principles used to guide implementa- (a) OFFENSE.—Chapter 7 of title 18, United SECTION 1. SHORT TITLE. tion of redaction authority; and States Code, is amended by adding at the end This Act may be cited as the ‘‘Court Secu- ‘‘(vii) any public complaints received in re- the following: rity Improvement Act of 2007’’. gards to redaction.’’. ‘‘§ 119. Protection of individuals performing TITLE I—JUDICIAL SECURITY SEC. 104. PROTECTION OF UNITED STATES TAX certain official duties COURT. IMPROVEMENTS AND FUNDING ‘‘(a) IN GENERAL.—Whoever knowingly (a) IN GENERAL.—Section 566(a) of title 28, makes restricted personal information about SEC. 101. JUDICIAL BRANCH SECURITY REQUIRE- United States Code, is amended by striking MENTS. ‘‘and the Court of International Trade’’ and a covered official, or a member of the imme- (a) ENSURING CONSULTATION WITH THE JUDI- inserting ‘‘, the Court of International diate family of that covered official, publicly CIARY.—Section 566 of title 28, United States Trade, and the United States Tax Court, as available— Code, is amended by adding at the end the provided by law’’. ‘‘(1) with the intent to threaten, intimi- following: (b) INTERNAL REVENUE CODE.—Section date, or incite the commission of a crime of ‘‘(i) The Director of the United States Mar- 7456(c) of the Internal Revenue Code of 1986 violence against that covered official, or a shals Service shall consult with the Judicial (relating to incidental powers of the Tax member of the immediate family of that cov- Conference of the United States on a con- Court) is amended in the matter following ered official; or tinuing basis regarding the security require- paragraph (3), by striking the period at the ‘‘(2) with the intent and knowledge that ments for the judicial branch of the United end, and inserting ‘‘and may otherwise pro- the restricted personal information will be States Government, to ensure that the views vide, when requested by the chief judge of used to threaten, intimidate, or facilitate of the Judicial Conference regarding the se- the Tax Court, for the security of the Tax the commission of a crime of violence curity requirements for the judicial branch Court, including the personal protection of against that covered official, or a member of of the Federal Government are taken into Tax Court judges, court officers, witnesses, the immediate family of that covered offi- account when determining staffing levels, and other threatened persons in the interests cial, shall be fined under this title, impris- setting priorities for programs regarding ju- of justice, where criminal intimidation im- oned not more than 5 years, or both. dicial security, and allocating judicial secu- pedes on the functioning of the judicial proc- ‘‘(b) DEFINITIONS.—In this section— rity resources. In this paragraph, the term ess or any other official proceeding.’’. ‘‘(1) the term ‘restricted personal informa- ‘judicial security’ includes the security of (c) REIMBURSEMENT.—The United States tion’ means, with respect to an individual, buildings housing the judiciary, the personal Tax Court shall reimburse the United States the Social Security number, the home ad- security of judicial officers, the assessment Marshals Service for protection provided dress, home phone number, mobile phone of threats made to judicial officers, and the under the amendments made by this section. number, personal email, or home fax number protection of all other judicial personnel. SEC. 105. ADDITIONAL AMOUNTS FOR UNITED of, and identifiable to, that individual; The United States Marshals Service retains STATES MARSHALS SERVICE TO ‘‘(2) the term ‘covered official’ means— final authority regarding security require- PROTECT THE JUDICIARY. ‘‘(A) an individual designated in section ments for the judicial branch of the Federal In addition to any other amounts author- 1114; or Government.’’. ized to be appropriated for the United States ‘‘(B) a grand or petit juror, witness, or (b) CONFORMING AMENDMENT.—Section 331 Marshals Service, there are authorized to be other officer in or of, any court of the United of title 28, United States Code, is amended by appropriated for the United States Marshals States, or an officer who may be serving at Service to protect the judiciary, $20,000,000 adding at the end the following: any examination or other proceeding before for each of fiscal years 2007 through 2011 for— ‘‘The Judicial Conference shall consult any United States magistrate judge or other (1) hiring entry-level deputy marshals for with the Director of United States Marshals committing magistrate; providing judicial security; Service on a continuing basis regarding the ‘‘(3) the term ‘crime of violence’ has the (2) hiring senior-level deputy marshals for security requirements for the judicial branch meaning given the term in section 16; and investigating threats to the judiciary and of the United States Government, to ensure ‘‘(4) the term ‘immediate family’ has the providing protective details to members of that the views of the Judicial Conference re- meaning given the term in section 115(c)(2).’’. the judiciary and assistant United States at- garding the security requirements for the ju- (b) CLERICAL AMENDMENT.—The table of dicial branch of the Federal Government are torneys; and sections at the beginning of chapter 7 of title taken into account when determining staff- (3) for the Office of Protective Intelligence, 18, United States Code, is amended by adding ing levels, setting priorities for programs re- for hiring senior-level deputy marshals, hir- at the end the following new item: garding judicial security, and allocating ju- ing program analysts, and providing secure computer systems. ‘‘119. Protection of individuals performing dicial security resources. In this paragraph, certain official duties.’’. the term ‘judicial security’ includes the se- TITLE II—CRIMINAL LAW ENHANCE- SEC. 203. PROHIBITION OF POSSESSION OF DAN- curity of buildings housing the judiciary, the MENTS TO PROTECT JUDGES, FAMILY GEROUS WEAPONS IN FEDERAL personal security of judicial officers, the as- MEMBERS, AND WITNESSES COURT FACILITIES. sessment of threats made to judicial officers, SEC. 201. PROTECTIONS AGAINST MALICIOUS RE- Section 930(e)(1) of title 18, United States and the protection of all other judicial per- CORDING OF FICTITIOUS LIENS Code, is amended by inserting ‘‘or other dan- sonnel. The United States Marshals Service AGAINST FEDERAL JUDGES AND gerous weapon’’ after ‘‘firearm’’. retains final authority regarding security re- FEDERAL LAW ENFORCEMENT OFFI- CERS. SEC. 204. CLARIFICATION OF VENUE FOR RETAL- quirements for the judicial branch of the IATION AGAINST A WITNESS. (a) OFFENSE.—Chapter 73 of title 18, United Federal Government.’’. States Code, is amended by adding at the end Section 1513 of title 18, United States Code, SEC. 102. PROTECTION OF FAMILY MEMBERS. the following: is amended by adding at the end the fol- Section 105(b)(3) of the Ethics in Govern- lowing: ment Act of 1978 (5 U.S.C. App.) is amended— ‘‘SEC. 1521. RETALIATING AGAINST A FEDERAL JUDGE OR FEDERAL LAW ENFORCE- ‘‘(g) A prosecution under this section may (1) in subparagraph (A), by inserting ‘‘or a MENT OFFICER BY FALSE CLAIM OR be brought in the district in which the offi- family member of that individual’’ after SLANDER OF TITLE. cial proceeding (whether pending, about to ‘‘that individual’’; and ‘‘Whoever files, attempts to file, or con- be instituted, or completed) was intended to (2) in subparagraph (B)(i), by inserting ‘‘or spires to file, in any public record or in any be affected, or in which the conduct consti- a family member of that individual’’ after private record which is generally available tuting the alleged offense occurred.’’. ‘‘the report’’. to the public, any false lien or encumbrance SEC. 205. MODIFICATION OF TAMPERING WITH A SEC. 103. FINANCIAL DISCLOSURE REPORTS. against the real or personal property of an WITNESS, VICTIM, OR AN INFORM- (a) EXTENSION OF AUTHORITY.—Section individual described in section 1114, on ac- ANT OFFENSE. 105(b)(3) of the Ethics in Government Act of count of the performance of official duties by (a) CHANGES IN PENALTIES.—Section 1512 of 1978 (5 U.S.C. App) is amended by striking that individual, knowing or having reason to title 18, United States Code, is amended— ‘‘2005’’ each place that term appears and in- know that such lien or encumbrance is false (1) so that subparagraph (A) of subsection serting ‘‘2009’’. or contains any materially false, fictitious, (a)(3) reads as follows: (b) REPORT CONTENTS.—Section 105(b)(3)(C) or fraudulent statement or representation, ‘‘(A) in the case of a killing, the punish- of the Ethics in Government Act of 1978 (5 shall be fined under this title or imprisoned ment provided in sections 1111 and 1112;’’; U.S.C. App) is amended— for not more than 10 years, or both.’’. (2) in subsection (a)(3)—

VerDate Aug 31 2005 00:53 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.005 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4743 (A) in the matter following clause (ii) of greatest demonstrated need to provide secu- (6) The measures that are taken to provide subparagraph (B) by striking ‘‘20 years’’ and rity in order to administer justice.’’. attorneys handling prosecutions described in inserting ‘‘30 years’’; and (b) ALLOCATIONS.—Section 516(a) of the subsection (a) with secure parking facilities, (B) in subparagraph (C), by striking ‘‘10 Omnibus Crime Control and Safe Streets Act and how priorities for such facilities are es- years’’ and inserting ‘‘20 years’’; of 1968 (42 U.S.C. 3762b) is amended by— tablished— (3) in subsection (b), by striking ‘‘ten (1) striking ‘‘80’’ and inserting ‘‘70’’; (A) among Federal employees within the years’’ and inserting ‘‘20 years’’; and (2) striking ‘‘and 10’’ and inserting ‘‘10’’; facility; (4) in subsection (d), by striking ‘‘one and (B) among Department of Justice employ- year’’ and inserting ‘‘3 years’’. (3) inserting before the period the fol- ees within the facility; and SEC. 206. MODIFICATION OF RETALIATION OF- lowing: ‘‘, and 10 percent for section (C) among attorneys within the facility. FENSE. 515(a)(4)’’. (7) The frequency attorneys handling pros- Section 1513 of title 18, United States Code, (c) STATE AND LOCAL GOVERNMENTS TO ecutions described in subsection (a) are is amended— CONSIDER COURTS.—The Attorney General called upon to work beyond standard work (1) in subsection (a)(1)(B)— may require, as appropriate, that whenever a hours and the security measures provided to (A) by inserting a comma after ‘‘proba- State or unit of local government or Indian protect attorneys at such times during trav- tion’’; and tribe applies for a grant from the Depart- el between office and available parking fa- (B) by striking the comma which imme- ment of Justice, the State, unit, or tribe cilities. diately follows another comma; demonstrate that, in developing the applica- (8) With respect to attorneys who are li- tion and distributing funds, the State, unit, (2) in subsection (a)(2)(B), by striking ‘‘20 censed under State laws to carry firearms, or tribe— years’’ and inserting ‘‘30 years’’; the policy of the Department of Justice as (1) considered the needs of the judicial (3) in subsection (b)— to— branch of the State, unit, or tribe, as the (A) in paragraph (2)— (A) carrying the firearm between available case may be; (i) by inserting a comma after ‘‘proba- parking and office buildings; (2) consulted with the chief judicial officer tion’’; and (B) securing the weapon at the office build- of the highest court of the State, unit, or (ii) by striking the comma which imme- ings; and tribe, as the case may be; and diately follows another comma; and (C) equipment and training provided to fa- (3) consulted with the chief law enforce- (B) in the matter following paragraph (2), cilitate safe storage at Department of Jus- ment officer of the law enforcement agency by striking ‘‘ten years’’ and inserting ‘‘20 tice facilities. responsible for the security needs of the judi- years’’; and (9) The offices in the Department of Jus- cial branch of the State, unit, or tribe, as the (4) by redesignating the second subsection tice that are responsible for ensuring the se- case may be. (e) as subsection (f). curity of attorneys handling prosecutions de- (d) ARMOR VESTS.—Section 2501 of title I of SEC. 207. GENERAL MODIFICATIONS OF FEDERAL the Omnibus Crime Control and Safe Streets scribed in subsection (a), the organization MURDER CRIME AND RELATED Act of 1968 (42 U.S.C. 3796ll) is amended— and staffing of the offices, and the manner in CRIMES. (1) in subsection (a), by inserting ‘‘and which the offices coordinate with offices in Section 1112(b) of title 18, United States State and local court officers’’ after ‘‘tribal specific districts. Code, is amended— law enforcement officers’’; and (10) The role, if any, that the United States (1) by striking ‘‘ten years’’ and inserting (2) in subsection (b), by inserting ‘‘State or Marshals Service or any other Department of ‘‘20 years’’; and local court,’’ after ‘‘government,’’. Justice component plays in protecting, or (2) by striking ‘‘six years’’ and inserting providing security services or training for, ‘‘10 years’’. TITLE IV—LAW ENFORCEMENT OFFICERS attorneys handling prosecutions described in TITLE III—PROTECTING STATE AND SEC. 401. REPORT ON SECURITY OF FEDERAL subsection (a). LOCAL JUDGES AND RELATED GRANT PROSECUTORS. (a) IN GENERAL.—Not later than 90 days TITLE V—MISCELLANEOUS PROVISIONS PROGRAMS after the date of enactment of this Act, the SEC. 501. EXPANDED PROCUREMENT AUTHORITY SEC. 301. GRANTS TO STATES TO PROTECT WIT- Attorney General shall submit to the Com- FOR THE UNITED STATES SEN- NESSES AND VICTIMS OF CRIMES. mittee on the Judiciary of the Senate and TENCING COMMISSION. (a) IN GENERAL.—Section 31702 of the Vio- the Committee on the Judiciary of the House (a) IN GENERAL.—Section 995 of title 28, lent Crime Control and Law Enforcement of Representatives a report on the security United States Code, is amended by adding at Act of 1994 (42 U.S.C. 13862) is amended— of assistant United States attorneys and the end the following: (1) in paragraph (3), by striking ‘‘and’’ at other Federal attorneys arising from the ‘‘(f) The Commission may— the end; prosecution of terrorists, violent criminal ‘‘(1) use available funds to enter into con- (2) in paragraph (4), by striking the period gangs, drug traffickers, gun traffickers, tracts for the acquisition of severable serv- and inserting ‘‘; and’’; and white supremacists, those who commit fraud ices for a period that begins in 1 fiscal year (3) by adding at the end the following: and other white-collar offenses, and other and ends in the next fiscal year, to the same ‘‘(5) by a State, unit of local government, criminal cases. extent as executive agencies may enter into or Indian tribe to create and expand witness (b) CONTENTS.—The report submitted under such contracts under the authority of sec- and victim protection programs to prevent subsection (a) shall describe each of the fol- tion 303L of the Federal Property and Ad- threats, intimidation, and retaliation lowing: ministrative Services Act of 1949 (41 U.S.C. against victims of, and witnesses to, violent (1) The number and nature of threats and 253l); crimes.’’. assaults against attorneys handling prosecu- ‘‘(2) enter into multi-year contracts for the (b) AUTHORIZATION OF APPROPRIATIONS.— tions described in subsection (a) and the re- acquisition of property or services to the Section 31707 of the Violent Crime Control porting requirements and methods. same extent as executive agencies may enter and Law Enforcement Act of 1994 (42 U.S.C. (2) The security measures that are in place into such contracts under the authority of 13867) is amended to read as follows: to protect the attorneys who are handling section 304B of the Federal Property and Ad- ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIA- prosecutions described in subsection (a), in- ministrative Services Act of 1949 (41 U.S.C. TIONS. cluding threat assessments, response proce- 254c); and ‘‘There are authorized to be appropriated dures, availability of security systems and ‘‘(3) make advance, partial, progress, or $20,000,000 for each of the fiscal years 2007 other devices, firearms licensing (deputa- other payments under contracts for property through 2011 to carry out this subtitle.’’. tions), and other measures designed to pro- or services to the same extent as executive SEC. 302. ELIGIBILITY OF STATE COURTS FOR tect the attorneys and their families. agencies may make such payments under the CERTAIN FEDERAL GRANTS. (3) The firearms deputation policies of the authority of section 305 of the Federal Prop- (a) CORRECTIONAL OPTIONS GRANTS.—Sec- Department of Justice, including the number erty and Administrative Services Act of 1949 tion 515 of the Omnibus Crime Control and of attorneys deputized and the time between (41 U.S.C. 255).’’. Safe Streets Act of 1968 (42 U.S.C. 3762a) is receipt of threat and completion of the depu- (b) SUNSET.—The amendment made by sub- amended— tation and training process. section (a) shall cease to have force and ef- (1) in subsection (a)— (4) For each requirement, measure, or pol- fect on September 30, 2010. (A) in paragraph (2), by striking ‘‘and’’ at icy described in paragraphs (1) through (3), SEC. 502. BANKRUPTCY, MAGISTRATE, AND TER- the end; when the requirement, measure, or policy RITORIAL JUDGES LIFE INSURANCE. (B) in paragraph (3), by striking the period was developed and who was responsible for (a) IN GENERAL.—Section 604(a)(5) of title and inserting ‘‘; and’’; and developing and implementing the require- 28, United States Code, is amended by insert- (C) by adding at the end the following: ment, measure, or policy. ing after ‘‘hold office during good behavior,’’ ‘‘(4) grants to State courts to improve se- (5) The programs that are made available the following: ‘‘bankruptcy judges appointed curity for State and local court systems.’’; to the attorneys for personal security train- under section 152 of this title, magistrate and ing, including training relating to limita- judges appointed under section 631 of this (2) in subsection (b), by inserting after the tions on public information disclosure, basic title, and territorial district court judges ap- period the following: home security, firearms handling and safety, pointed under section 24 of the Organic Act ‘‘Priority shall be given to State court appli- family safety, mail handling, counter-sur- of Guam (48 U.S.C. 1424b), section 1(b) of the cants under subsection (a)(4) that have the veillance, and self-defense tactics. Act of November 8, 1877 (48 U.S.C. 1821), or

VerDate Aug 31 2005 02:23 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.006 S19APPT1 hmoore on PRODPC68 with HMSENATE S4744 CONGRESSIONAL RECORD — SENATE April 19, 2007 section 24(a) of the Revised Organic Act of The assistant legislative clerk pro- war began. As long as we follow the the Virgin Islands (48 U.S.C. 1614(a)),’’. ceeded to call the roll. President’s path in Iraq, the war is (b) CONSTRUCTION.—For purposes of con- Mr. REID. Madam President, I ask lost. But there is still a chance to struing and applying chapter 87 of title 5, unanimous consent that the order for change course and we must change United States Code, including any adjustment of insurance rates by regulation or oth- the quorum call be rescinded. course. No one wants us to succeed in erwise, the following categories of judicial The PRESIDING OFFICER (Ms. the Middle East more than I do. But officers shall be deemed to be judges of the KLOBUCHAR). Without objection, it is so there must be a change of course. Our United States as described under section 8701 ordered. brave men and women overseas have of title 5, United States Code: f passed every test with flying colors. (1) Bankruptcy judges appointed under sec- They have earned our pride and our tion 151 of title 28, United States Code. IRAQ praise. More important, they deserve a (2) Magistrate judges appointed under sec- Mr. REID. Madam President, the strategy worthy of their sacrifice. tion 631 of title 28, United States Code. White House has been telling America (3) Territorial district court judges ap- The supplemental bill we passed with pointed under section 24 of the Organic Act that Democrats are doing the wrong bipartisan support offers that. It in- of Guam (48 U.S.C. 1424b), section 1(b) of the thing by calling for a change of course cludes a reasonable and attainable Act of November 8, 1877 (48 U.S.C. 1821), or in Iraq. They say holding the Iraqi timeline to reduce combat missions section 24(a) of the Revised Organic Act of Government accountable is wrong. and refocus our efforts on the real the Virgin Islands (48 U.S.C. 1614(a)). They say finding a political solution in threats to our country’s security. It of- (4) Judges retired under section 377 of title Iraq is wrong. They say redeploying fers a new path, a new direction for- 28, United States Code. troops out of a civil war is wrong. They ward. If we put politics aside, I believe (5) Judges retired under section 373 of title have said even debating a strategy for 28, United States Code. we can find a way to make America (c) EFFECTIVE DATE.—The amendment changing course is dangerous, and safer and stronger. made by subsection (a) shall apply with re- many Senate Republicans have backed I suggest the absence of a quorum. spect to any payment made on or after the that up by blocking several of our at- The PRESIDING OFFICER. The first day of the first applicable pay period be- tempts to debate this issue here on the clerk will call the roll. ginning on or after the date of enactment of Senate Floor. The assistant legislative clerk pro- this Act. The American people want us to de- ceeded to call the roll. SEC. 503. ASSIGNMENT OF JUDGES. bate the war, and they want us to Mr. ALEXANDER. Madam President, Section 296 of title 28, United States Code, change the course. Listen to what the I ask unanimous consent the order for is amended by inserting at the end of the President’s own Secretary of Defense the quorum call be rescinded. second undesignated paragraph the following Robert Gates said in the last few hours, The PRESIDING OFFICER. Without new sentence: ‘‘However, a judge who has retired from regular active service under sec- and I quote: objection, it is so ordered. tion 371(b) of this title, when designated and The debate in Congress has been helpful in Mr. ALEXANDER. Madam President, assigned to the court to which such judge demonstrating to the Iraqis that American I ask unanimous consent that I may was appointed, shall have all the powers of a patience is limited. The strong feelings ex- speak as in morning business for as judge of that court, including participation pressed in the Congress about the timetable much time as I may require. in appointment of court officers and mag- probably has had a positive impact in terms The PRESIDING OFFICER. Without istrate judges, rulemaking, governance, and of communicating to the Iraqis that this is objection, it is so ordered. The Senator not an open-ended commitment. administrative matters.’’. is recognized. SEC. 504. SENIOR JUDGE PARTICIPATION IN THE The President and some of my Re- Mr. ALEXANDER. I thank the Chair. SELECTION OF MAGISTRATE publican colleagues have also at- (The remarks of Mr. ALEXANDER per- JUDGES. tempted to create a false crisis by Section 631(a) of title 28, United States taining to the introduction of S. 1168 Code, is amended by striking ‘‘Northern Mar- claiming that Democrats are putting are located in today’s RECORD under iana Islands’’ the first place it appears and the troops in danger by not sending the ‘‘Statements on Introduced Bills and inserting ‘‘Northern Mariana Islands (includ- supplemental bill immediately. But Joint Resolutions.’’) ing any judge in regular active service and today, the Pentagon acknowledged Mr. ALEXANDER. Madam President, any judge who has retired from regular ac- what Democrats have long known— I yield the floor. tive service under section 371(b) of this title, that President Bush continues to mis- The PRESIDING OFFICER. The Sen- when designated and assigned to the court to state the reality on the ground and in which such judge was appointed)’’. ator from Utah is recognized. Iraq to score political points. f SEC. 505. FEDERAL JUDGES FOR COURTS OF AP- Like the nonpartisan Congressional PEALS. GONZALES V. CARHART Section 44(a) of title 28, United States Research Service, the Pentagon now Code, is amended in the table— acknowledges that it can pay for the Mr. HATCH. Madam President, yes- (1) in the item relating to the District of Iraq war at least through June with terday was a good day for democracy. Columbia Circuit, by striking ‘‘12’’ and in- the funds that have already been pro- It was a great day for American con- serting ‘‘11’’; and vided. stitutionalism. I have said it before. I (2) in the item relating to the Ninth Cir- I hope the President and our Repub- will continue to say it. All too often, cuit, by striking ‘‘28’’ and inserting ‘‘29’’. lican colleagues in Congress will put we see judicial decisions on America’s Ms. CANTWELL. Mr. President, I these false claims aside so we can get most important social issues made move to reconsider the vote, and I back to working toward a bipartisan without any constitutional warrant. move to lay that motion on the table. solution. Too difficult to convince your com- The motion to lay on the table was Yesterday I met with President Bush munity that it should not pray before agreed to. to express the will of the American football games? No problem. Just find f people, senior military officials, and a a judge to say that the practice is un- bipartisan majority of Congress that constitutional. MORNING BUSINESS we must change course in Iraq. I told Too discouraged by the slow pace of Ms. CANTWELL. Mr. President, I ask President Bush that, going on to 5 the march toward same-sex marriage? unanimous consent that the Senate years, more than 3,300 American sol- Find a judge to declare that the State proceed to a period of morning busi- diers lost, tens of thousands wounded, constitution has allowed it all along. A ness, with Senators permitted to speak a third of them gravely wounded, and constitutional right to same-sex mar- therein for up to 10 minutes each. billions and billions of dollars depleted riage—‘‘presto chango.’’ The PRESIDING OFFICER. Without from our Treasury, we as a country Americans of all political stripes un- objection, it is so ordered. must change course in Iraq. derstand that this highjacking of social Ms. CANTWELL. Mr. President, I Conditions in Iraq get worse by the policy from the people’s representa- suggest the absence of a quorum. day. Now we find ourselves policing an- tives is deeply misguided. The PRESIDING OFFICER (Mr. NEL- other nation’s civil war. We are less se- A good number of law professors, law SON of Nebraska). The clerk will call cure from the many threats to our na- students, judges, and politicians still the roll. tional security than we were when the continue to inject the judicial branch

VerDate Aug 31 2005 00:53 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.006 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4745 into social controversies. Yet, in at- the people’s representatives in Con- blogosphere and Democratic can- tempting to smooth out the rough gress. And what is the response of the didates, I have no doubt that this com- edges of democracy, activist judges hard left? Hysteria. mitment will not change. I think that have time and again undermined de- I know many of my colleagues in this is sad. But if they want to have a fight, mocracy and increased bitterness in body are familiar with the blog, Daily the centerpiece of which is judicial ad- our political debates. Kos. It is the online meeting room for ministration of a judicially created Yesterday’s decision in Gonzales v. the political left. right to abort your baby at any time Carhart was a step toward righting The complaints of its members re- during pregnancy, I am sure many will that dangerous trend. It was a step to- cently led a number of Democratic can- gladly meet them in the ring. ward restoring the people’s liberties didates for President to withdraw from I think that these overheated com- and the vitality of our democracy. a Fox News-sponsored debate. They ments are particularly interesting in Let me explain. were intimately involved in the debate light of the legislation that we consid- In 2003, Congress passed, and the in the House over how best to cut off ered earlier today. I was an original co- President signed, the Partial-Birth funding for our troops. This is what one sponsor of the court security bill. Abortion Ban Act. This was well-con- of these citizen agitators posted about Obviously, our judges need to be pro- sidered legislation. It was broadly sup- the decision: tected from violent criminals. They are ported by the public. Senators of both The 5 Catholics on the court have ruled!! public servants. And all too often they parties, including my colleague from Why don’t we just outsource the Supreme are threatened with, or subjected to, Vermont, the chairman of the Judici- Court to the Vatican. Save some money!! physical violence. This is unacceptable. ary Committee, supported the bill. And There was a time when this anti- And so I joined with many of my Judi- after years of trying, it finally became Catholic venom had no place in our po- ciary Committee colleagues in sup- law. litical discourse. Unfortunately, liberal porting this bill. It was a modest bill, born of an exis- groups are becoming more and more But I want to distance myself from tential abhorrence of a procedure that radical, and less and less liberal in some of the remarks made by my callously snuffed out human life. None- their thinking. Democratic colleagues yesterday. The This is what Nancy Keenan, of the theless, a coalition of the usual pro- suggestion that strong and vigorous radical abortion-rights lobby NARAL, ponents of judicial legislating at- criticism of judicial decisionmaking is had to say: tempted to undo this law. somehow inappropriate or collaterally Fortunately, the Supreme Court dis- An anti-choice Congress and an anti-choice responsible for violence against judges agreed and upheld this legislation. It president pushed this ban all the way to the Supreme Court. is absurd. Violence against judges is was a reasonable decision. And it An anti-choice Congress? Is she kid- unacceptable. But violence against showed a proper deference to the people ding? Is the Democratic chairman of judges is not caused by criticism of ju- and their representatives—deference the Appropriations Committee anti- dicial activism. And it is not caused by that one would expect in a democracy. overheated rhetoric. The public first became aware of par- choice? Is the Democratic chairman of the Judiciary Committee anti-choice? I find it particularly ironic that on tial-birth abortion in 1992, when Dr. Is the Democratic chairman of the the same day that liberal pundits and Martin Haskell gave a presentation de- Budget Committee anti-choice? interest groups are bemoaning a mod- scribing the procedure. A nurse who as- Give me a break. erate and limited Supreme Court deci- sisted him in a partial-birth abortion The radicals criticizing this decision sion as the catalyst for making women 1 on a 26 ⁄2 week fetus testified before the are seriously unmoored from the Amer- second-class citizens, Democrats took Senate Judiciary Committee of her ex- ican people and our legal traditions. to the floor to brand serious and vig- perience with this procedure. It was The radicals who support abortion on orous criticism of judges as irrespon- shocking testimony. I am glad that demand reject the choices of the Amer- sible. Justice Kennedy included it in his ma- ican people. They reject the informed In the end, I think Justice Scalia was jority opinion. I will not repeat it here. choice that the people’s representa- right in his Casey concurrence. So long It was graphic. It was horrific. And it tives made about this gruesome proce- as the Court went about doing what will stay with me forever. dure. They are ‘‘Johnny and Jane one- lawyers and judges are supposed to A 6-month-old fetus was treated notes’’—abortion now, abortion always, do—interpret the law—nobody gave the worse than any animal—and disposed abortion forever. Supreme Court a second thought. But of like garbage. The American people The American people deserve better. when the Court decided that it should were rightly appalled. We have been told by the new majority be a super legislature that second It very well might be that there is that America is done with partisan- guesses the judgments of the American some give in the seams of our Constitu- ship. America needs results. people and their representatives, the tion. The meaning of every term and Well, we got results with the Partial- Court invited criticism. principle is not entirely clear. But if Birth Abortion Ban Act. This was a bi- You act like legislators, you get you are going to be making up con- partisan achievement that brought to- treated like legislators. stitutional rights without textual war- gether Republicans and Democrats, If my colleagues would like to see rant, the American people understand conservatives and liberals. It is unfor- less criticism of judges, maybe they what many law professors, radical—I tunate, then, to see certain Democratic should stop advocating an undemo- mean, progressive—activists, and candidates bemoaning this decision in cratic and constitutionally ungrounded judges did not. the same old terms. judicial activism. It perverts our constitutional tradi- It is not too surprising to see the The people can criticize the courts. tions to argue that a document com- New York Times editorial page And their representatives can criticize mitted to life, liberty, and the dignity hyperventilating over this decision. the courts. If Lincoln did it, and FDR of the human person would prohibit But we deserve more from our party did it, I think we are on solid ground. public condemnation and legal regula- leaders and Presidential candidates. I But I am not going to criticize yes- tion of such barbarity. And the Court understand their predicament. When terday’s decision. I would like to close agreed. you have to answer to uncompromising by again applauding it. It was not just This was a reasonable and a limited abortion-rights groups, logic some- a victory for the unborn child. It was a decision. The Court rejected a facial times gets tossed by the wayside. victory for moderation and the rule of challenge to the law. Relying on its When President Clinton was in the law. precedent in Casey v. Planned Parent- White House, he abandoned almost f hood, the Court held that the law was every liberal group imaginable in his not unconstitutionally vague and did quest for triangulation. But there was TRIBUTE TO BRIGADIER GENERAL not impose an undue burden on a wom- one group that he would never cross— DARRELL S. CRAMER an’s right to abortion. the abortion-rights lobby. Mr. HATCH. Madam President, I wish This was a reasonable decision, one And given the knee-jerk reactions to pay special tribute to an extraor- rooted in a deep respect for the role of about this decision from the leftwing dinary man, a loving husband, father

VerDate Aug 31 2005 02:23 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G19AP6.051 S19APPT1 hmoore on PRODPC68 with HMSENATE S4746 CONGRESSIONAL RECORD — SENATE April 19, 2007 and grandfather; a valiant soldier; and States and began service as director of COURT SECURITY IMPROVEMENT a true patriot in every sense of the flying in the Advanced Flying School ACT word—BG Darrell S. Cramer. at Williams Air Force Base in Arizona. Mr. LEAHY. Madam President, ear- Darrell recently passed away, leaving This was followed 2 years later with his lier today the Senate passed S. 378, the a tremendous void in the lives of all return to Europe to assume command Court Security Improvement Act, with who knew him. Yet his legacy of serv- of the 53rd Fighter Squadron and later overwhelming, bipartisan support. ice, courage, and dedication will serve the 36th Fighter Bomber Wing in Ger- With this legislation, we in the Senate as an example for many generations to many. acted for the third time in a year to come. This service was followed by assign- Darrell was born in Ogden, UT, to better protect our Federal judges from ments in Washington, DC, California, Olvie and Loretta Stuart Cramer and institutional and physical threats. Turkey, Thailand, and Vietnam. In was the oldest in a family of five. He For the past several years, I have in- February 1971, General Cramer became enjoyed his childhood immensely and troduced and sponsored legislation to the vice commander of the 17th Air excelled in athletics and academics. As extend the authority for Federal judges Force, Ramstein Air Base in Germany. a young child he developed a strong in- to redact relevant portions of their fi- He was promoted to brigadier general terest in aviation which would guide nancial disclosure statements if they in 1970 and retired from military serv- his future life. His dream of flying be- have been threatened. The authority to came a reality shortly after enrolling ice in June 1973. redact portions of judges’ financial dis- in a civilian pilot training course at During his many years of military closure statements expired last year. Weber College. service, Darrell was recognized and The redaction authority bill passed On December 7, 1941, Darrell was lis- awarded many times for his courage by the Senate last year would have ex- tening to the radio at home when he and exemplary service to our Nation. tended the redaction authority without heard the news bulletin that stunned His military awards and decorations interruption and expanded it to judges’ the Nation—Pearl Harbor had been at- included the Distinguished Service families. It struck the right balance by tacked, and the United States was now Medal, Legion of Merit with an oak preserving congressional oversight to joining the war. The very next day, he leaf cluster, Distinguished Flying Cross prevent the misuse of this redaction drove to Salt Lake City and visited the with an oak leaf cluster, Air Medal authority, which has been a matter of recruiting offices of both the Army and with 21 oak leaf clusters, Joint Service some concern. the Navy to try to enlist in the Avia- Commendation Medal, Air Force Com- I was disappointed that the House of tion Cadet programs. At that time a re- mendation Medal, Presidential Unit Ci- Representatives failed to act on this cruit was to be at least 20 years old and tation emblem with two oak leaf clus- legislation that passed the Senate last have 2 years of college, so he was ters, and an Air Force Outstanding November but I am pleased that the turned away. Unit Award Ribbon with an oak leaf new House of Representatives was able Just over a month later the rules cluster. In addition, he was also in- to pass it earlier this year. I continue were changed, and Darrell, eager to ducted into the Utah Aviation Hall of to support an extension of redaction serve his country, immediately en- Fame and the Order of the Daedalians, authority for threatened judges and am listed in the Army. He quickly became a fraternity of pilots. glad that the Senate is passing that an excellent fighter pilot candidate and With all of these accomplishments, measure, H.R. 1130 today. I trust that excelled in the training. Thus began a Darrell became a larger-than-life figure the President will sign it into law storied and exemplary military career. to all those who knew him. Yet his without delay. The highlights of his military service humble and unassuming spirit was included many tours of duty beginning f demonstrated in all he did. His greatest in November 1942, when Darrell was accomplishments he always main- U.S.-RUSSIAN ECONOMIC sent to the South Pacific area as a P– tained was marrying the love of his RELATIONSHIP 38 pilot assigned to the 339th Fighter life, Mildred ‘‘Mick’’ McPhie. They Mr. LUGAR. Madam President, I Squadron of the 13th Air Force. The wish to congratulate Secretary of Com- young airman flew in the campaigns of built a beautiful life together providing merce Carlos M. Gutierrez on his re- Guadalcanal, New Guinea, and North a loving, cherished home for friends, cent trip to Moscow, Russia. The Sec- Solomons and completed his tour of children, grandchildren, and great- retary delivered an important message duty with credit for the destruction of grandchildren to enjoy. to the Russian Government and Rus- a Japanese Zero fighter and Betty In his later years, Darrell didn’t just sian people: ‘‘While political issues be- bomber aircraft. quietly sit and watch the days go idly In December 1943, he returned to the by. He found happiness pursuing many tween our nations tend to garner the United States and was assigned to a P– hobbies and interests including golfing, most headlines, economic interests 47 combat training school in Abilene, skiing, and spending quality time with should not be ignored. U.S.-Russia TX. In June 1944, General Cramer was his brothers and sisters, grandchildren, commercial ties are stronger and more assigned to the European Theater of and friends. dynamic than ever before, providing stability to our overall relationship.’’ I Operations and flew a P–51 aircraft He also appreciated computer tech- couldn’t agree more with this assess- with the 55th Fighter Group. He fin- nology and used it to modernize his ment. ished this tour of duty as a squadron work in genealogy and family history. The United States and Russia busi- commander with a total of 300 flying He spent many hours serving in the ness relationship is expanding signifi- hours in 60 missions and credited for Church of Jesus Christ of Latter-day cantly. Last year, U.S. exports to Rus- the destruction of 11 German aircraft. Saints’ Family History Program. He sia increased by 20 percent to $4.7 bil- As such, he joined an exclusive frater- shared his knowledge and helped many lion in a broad range of merchandise nity of fighter ace. search for their own ancestors. At the end of World War II, Darrell and service markets. The American returned home, and shortly after, he As the wonderful, strong military Chamber of Commerce in Russia re- left active duty to go into business leader General George S. Patton once cently conducted a survey of American with his father forming the Cramer and said, ‘‘It is foolish and wrong to mourn business in Russia. They made some in- Son Coal Company. He went on to pur- the men who died. Rather we should teresting findings: sue additional business opportunities thank God that such men lived.’’ Half of the American companies sur- but couldn’t put his love of flying be- While I don’t believe it is foolish for veyed report sales increases of 200 per- hind him and once again joined the many to mourn the loss of this great cent in Russia from 2001 to 2005. Utah Air National Guard. When the man, I do believe that many do thank Ninety-seven percent of U.S. compa- Berlin Airlift began in 1948, he was our Heavenly Father that BG Darrell nies in Russia project continued again called to active duty for Oper- S. Cramer lived and that he provided growth in sales during the next three ation Vittles. such a powerful example of courage, years. When that operation ended, Darrell service, and love for generations to fol- Ninety-two percent of U.S. compa- once again returned to the United low. nies in Russia believe that continued

VerDate Aug 31 2005 00:53 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G19AP6.027 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4747 commercial engagement with Russia is budget surpluses, Russia’s economy is indeed climate for capital, goods and services mov- positive for American business, and 86 on the rise. ing back and forth with its trade and invest- percent believe that Russia’s member- As the economy continues to grow, so does ment partners. U.S. business. I know later today you will Transparency and predictability in regula- ship in the WTO will bring new oppor- hear from executives of companies such as tions and laws governing investment would tunities for them. Alcoa, Boeing, Coca-Cola and Motorola. send positive signals to potential partners in Profitability of two-thirds of Amer- Their presence at this conference speaks to both our countries. Capital allocators look ican companies in Russia is on or above the growing environment for business and infor secure, predictable markets, and they target. vestment here. watch with concern where uncertainty ex- Seventy-five percent of Russian em- According to some recent surveys, 84 per- ists. ployees of American companies in Rus- cent of foreign companies active in Russia In every country with an aspiration of at- report being successful in meeting their tracting capital, business law should be ap- sia view the United States positively, goals; 95 percent plan to expand. plied consistently across companies and compared to 47 percent of employees in Consistent with these figures, current bi- never selectively. Russian-owned companies. lateral trade and future prospects for U.S. Building in predictability, transparency The people of Russia and the United businesses in Russia are expanding signifi- and reliability for investors will give Russia States stand to benefit a great deal cantly. a competitive advantage. from this expanded relationship. The In 2006, U.S. exports to Russia grew 20 per- While we are mindful of countries’ inter- Secretary also focused on those areas cent to $4.7 billion. This growth is occurring ests in protecting so-called ‘‘strategic’’ as- in a wide range of merchandise and service pects of their economies, policies which seek where improvement is needed, includ- categories, suggesting that Russia’s growth to cordon off broad segments of an economy ing, stronger accountability, enforce- is having a positive impact in purchasing are policies that carry risks of their own to ment of intellectual property rights power. a nation’s economic strength. Russia’s chal- and and anticorruption efforts. Importantly, the growth in our trade is a lenge will be to pursue ‘‘strategic sectors’’ The U.S.-Russia relationship is crit- two-way street: while welcoming and encouraging foreign ical to the security and prosperity of In 2006, Russian exports to the U.S. were capital and avoiding protectionist policies. more than $19 billion, 30 percent more than both countries and the international Protectionism often has the unintended in 2005. consequence of limiting access to capital, community. In recent months the bi- Russia is, for the first time, beginning to technology and know-how, and sheltering lateral relationship has been domi- take on a notable direct investment profile companies and entire industries from com- nated by disagreements and confronta- in the United States, with investments in petition that sparks innovation and drives tion on a number of important issues. mining, steel-manufacturing, and retail-pe- efficiency. American and Russian leaders must re- troleum, helping support American jobs and Protectionism doesn’t protect jobs—the verse this trend. I congratulate Sec- supply American consumers. Russia’s direct only thing that does is to compete, innovate retary Gutierrez in making a strong investment in the U.S. is $3 billion. The U.S. and grow. has $11 billion invested in Russia. The United States and Russia should have step forward in the right direction. As big as these numbers sound, they are a stronger partnership in areas such as en- I ask unanimous consent that the actually quite small for two countries our ergy, aerospace, transportation infrastruc- text of a speech he delivered at the size. Indeed, we are just getting started. ture, and high technology, to name some ex- American Chamber of Commerce’s An- The next step for Russia is World Trade Or- amples. nual Investment Conference in Moscow ganization accession. Russia is the world’s There have been tremendous technological largest economy not yet in the WTO. advancements from which Russian compa- on April 4, be printed in the RECORD at The United States has been working side- nies could greatly benefit. this point. by-side with Russia to achieve WTO member- Russians and Americans, like the rest of There being no objection, the mate- ship. Last November, Minister Gref and U.S. the world’s people, stand to benefit from rial was ordered to be printed in the Trade Representative Susan Schwab signed a stronger enforcement of intellectual prop- RECORD, as follows: bilateral market access agreement. erty. Thank you for inviting me to this Con- Now Russia, working multilaterally with Around the globe we have seen that stolen ference. the U.S. and other WTO members, has the intellectual property is not only an eco- Minister Gref, Ambassador Burns, it is an opportunity to take the necessary steps to nomic hazard, stifling innovation techno- honor to join you in opening this conference. bring this process to a close, and enable its logical innovation, and discouraging works This is my second trip to Moscow as Sec- economy, companies and people to fully par- of culture in music and the arts, but also a retary of Commerce. It has been nearly two ticipate in the world market. health hazard. years since my first visit and I’m pleased to Many U.S. multinationals regard Russia as The World Health Organization estimates be here today to discuss economic growth a strategic market. that 10 percent of global medicine is counter- At the same time, their perception is col- and opportunity between Russia and the feit. Tough IP enforcement will protect Rus- ored by what they hear about political issues United States. sian businesses and their ideas, like this such as energy security and a challenging As you know, this year marks the 200th an- country’s resurgent film industry, and it will business climate. niversary of diplomatic relations between also protect Russian people. Expansion of Russian commercial engage- Russia is doing better from an economic the U.S. and Russia. Though there have been ment with America and globally requires standpoint than it has ever done before. times of great challenge during that history, transparent markets that embrace foreign However, from my discussions with Amer- we are now poised to enter a new era of com- and domestic competition. ican business leaders, it is clear to me that mercial engagement which will strengthen As the Organization for Economic Coopera- there remains much unrealized opportunity. our ties, grow our economies and create tion and Development noted in its 2006 eco- This foregone potential is an opportunity prosperity for our citizens. nomic survey of Russia, ‘‘Greater openness is cost upon Russia’s consumers, entre- My visit this week reflects the consider- essential to monitoring, accountability and preneurs, producers and workers, even as it able and growing value the U.S. places on anti-corruption efforts.’’ also represents unmet potential for Russia’s our business ties with Russia, and our desire The U.S. and other economies have greatly suppliers, clients and customers. to find new ways to bring greater economic benefited from openness, transparency, com- With the maturity of our bilateral rela- opportunity to the people of our countries. petition and adherence to the rule of law. tions, we can afford to be frank and honest While political issues between our nations Democratic institutions fostering economic with one another about issues on which we tend to garner the most headlines, the eco- freedom and rule of law offer the best mix of disagree, in the economic realm as well as nomic relationship is a great untold story. economic and social justice. other areas. U.S.-Russia commercial ties are stronger We believe that companies and economies It is important that we speak up when we and more dynamic than ever before. This benefit from the accountability provided by find ways to unlock untapped potential for creates great opportunity for our future. a vibrant media and independent courts. expanding and building upon our commercial In the past two decades, Russia has begun They serve to ensure government agencies and political relationships in ways that to reap the benefits of engagement in the responsible for upholding the rules of com- would serve the mutual interests of our two global economy and take a place as one of merce carry out their duties properly and nations. the world’s great economic powers. evenhandedly. We have come too far in building a new Today, Russia’s nearly $1 trillion economy As Russia becomes more prominent on the foundation based on cooperation and mutual is in its 9th straight year of growth, and the global stage, creating and maintaining a interests to turn back the clock. There is Economic Development Ministry reported 8.4 level playing field that encourages competi- much work to be done, but the foundation percent growth in the first two months of tion will attract more investment and ensure has been laid for the future of U.S.-Russia re- this year. That is impressive. that Russian companies can successfully lations to include economic growth, pros- With inflation below 10 percent, an 11 per- thrive at home and abroad. perity and opportunity for both our peoples. cent increase in real disposable income with- It is crucial for Russia, just as it is for the I believe we are entering a new era of col- in the past year, early debt repayments and United States, to maintain an open business laboration and prosperity for our two great

VerDate Aug 31 2005 00:53 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.015 S19APPT1 hmoore on PRODPC68 with HMSENATE S4748 CONGRESSIONAL RECORD — SENATE April 19, 2007 nations, and I thank AmCham Russia for resolution that I helped draft and the erans’ service organizations and State your leadership and commitment to that fu- Senate passed last month restores veterans’ service officers to assist vet- ture. many of those dangerous cuts, but we erans with innovative travel options to f still have much work ahead of us to as- VA medical centers. Additionally, this EARTH DAY sure that these critical Federal pro- legislation directly addresses the in- grams are fully funded. equitable travel reimbursements cur- Mr. CARDIN. Madam President, I Earth Day celebrations serve as im- rently provided to veterans for their commemorate April 22—Earth Day portant reminders that we cannot take travel expenses to VA medical facili- 2007, a day set aside to celebrate gains our natural resources for granted. I ties, an issue which I have brought up we have made in improving the envi- urge all Americans to join together to to the VA Secretary Jim Nicholson in ronment and to renew our commitment protect, preserve, and restore the plan- the past. Under current law, veterans to protect our planet. et’s natural treasures. with a disability of 30 percent or more Earth Day was established by Sen- f are entitled to 11 cents per mile, a rate ator Gaylord Nelson of Wisconsin and that has not changed since 1977. In RURAL VETERANS HEALTH CARE was first celebrated in 1970. Senator order to put an end to this unjust prac- IMPROVEMENT ACT Nelson firmly believed that education tice, our legislation would provide crit- was the key to changing people’s atti- Ms. SNOWE. Madam President, I am ical assistance to veterans traveling tude about the environment. Since a proud cosponsor of the Rural Vet- long distances to VA health care facili- then, the Earth Day celebration has erans Health Care Improvement Act. ties by reimbursing them at the Fed- spread throughout the nation and to Increasing access to veterans’ health eral rate of 48.5 cents per mile. the rest of the world, with more and care facilities is essential to recog- Establishing new facilities and trans- more people getting involved in efforts nizing the realities that exist on the portation networks in Maine, as enu- to clean and nurture the environment. ground today, not only for veterans liv- merated within the provisions of our Despite Earth Day’s popularity and ing in rural areas of my home State of legislation, would give rural veterans the many programs that were created Maine, but for the millions of veterans better access to the veteran health to improve the health of the planet, living in remote areas across our broad care system and deliver on the promise our world is still wrought with envi- land. I applaud Senator SALAZAR for in- America has made to our men and ronmental problems. We still face troducing this legislation at a time women in uniform. But as rural vet- many pressing issues such as global when so many of our veterans receive erans will tell you, there is a long way warming, protecting our coastal waters their health care through the VA and to go, and we must redouble our efforts from over-fishing, and preserving nearly half of today’s active duty mili- to ensure that the VA secures the nec- America’s most precious resource lands tary servicemembers and tomorrow’s essary resources for all rural regions from the Alaskan Tongass Rainforest veteran population list rural commu- across Maine and throughout the Na- to the Redrock lands in Utah, to our nities as their homes of record. Once tion. own Chesapeake Bay. again, I commend Senator SALAZAR for Furthermore, I have nothing but the Today, we face a serious and growing his continuing resoluteness and advo- utmost respect for those brave Ameri- threat from global warming. Recently I cacy for our veterans. cans who served in uniform with honor, told the Senate Environment and Pub- Our legislation will work to expand courage, and distinction. The obliga- lic Works Committee about the imme- upon the Veterans Benefits, Health tion our Nation holds for its veterans diate threats that global warming Care, and Information Technology Act is enormous, and it is an obligation poses to Maryland. A significant part of 2006, which passed the Senate with that must be fulfilled every day, by in- of Maryland is in low-lying areas that my support at the end of the 109th Con- voking the indelible words of President would be inundated if global tempera- gress. Under that legislation, the Vet- John F. Kennedy, who stated: tures keep rising. The National Flood erans Affairs Office of Rural Health As we express our gratitude, we must never Insurance Program has designated was created in order to enhance access forget that the highest appreciation is not to more than 12 percent of Maryland as a to VA medical facilities for veterans utter words, but to live by them. special flood hazard area, and an esti- living in geographically remote areas. Undoubtedly, these words still speak mated 68,000 Maryland homes and First off, our newly proposed legisla- truth today, at a time when over buildings are located within a flood tion tasks the Office of Rural Health 600,000 courageous men and women plain. with developing demonstration have returned from combat in both We are already seeing the effects. projects that would broaden the access Iraq and Afghanistan. It is now up to About a third of Blackwater National to health care in rural areas by way of Congress to do everything in its power Wildlife Refuge on the Eastern Shore partnership between the Department of to answer our veterans’ call, to ensure has been lost to sea level rise in the Veterans Affairs, Centers for Medicare that they receive the benefits that past 70 years. Smith Island, situated in and Medicaid Services, and the Depart- they rightly earned and rightly de- the Chesapeake Bay, has lost 30 per- ment of Health and Human Services at serve. I strongly urge my colleagues to cent of its land to rising sea levels access hospitals and community health support this legislation. Our veterans since 1850. centers. Second, this bill calls on the deserve nothing less. I have long supported a comprehen- Office of Rural Health to establish be- Madam President, I suggest the ab- sive, environmentally friendly energy tween one and five Centers for Excel- sence of a quorum. policy that emphasizes increasing the lence to be based at VA medical cen- The PRESIDING OFFICER. The availability and use of renewable en- ters to research ways to improve clerk will call the roll. ergy, as well as promoting greater en- health care for rural veterans. The bill clerk proceeded to call the ergy efficiency. Energy efficiency and While increased outpatient care serv- roll. renewable energy will reduce Amer- ices in Maine and other underserved ica’s dangerous dependency on foreign areas is a good step forward, it is only f oil while also dramatically reducing half of the equation. Veterans must ADDITIONAL STATEMENTS greenhouse gases. also be able to get to the facilities, and Closer to home, we must continue to while programs such as the Disabled focus our efforts on restoring the American Veterans Transportation CONGRATULATING THE SOUTH DA- Chesapeake Bay. The Bush administra- Network are to be commended, they KOTA STATE UNIVERSITY WOM- tion’s budget proposes drastic cuts to simply cannot take care of all the EN’S BASKETBALL TEAM vital initiatives, including environ- transportation needs of all the patients ∑ Mr. THUNE. Madam President, today mental education, funds to upgrade who require VA health care. I honor the South Dakota State Uni- wastewater treatment plants, and sev- Therefore, our legislation would task versity women’s basketball team. In eral farm bill conservation programs the Director of the Office of Rural only their third season as Division I that help farmers reduce nutrient run- Health to create a program that would competitors, the Jackrabbits made it off from entering the Bay. The budget provide grants of up to $50,000 to vet- to the quarterfinals of the Women’s

VerDate Aug 31 2005 00:53 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.017 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4749 National Invitational Tournament. season. These student-athletes should EXECUTIVE AND OTHER This impressive accomplishment be very proud of all of their remarkable COMMUNICATIONS capped off an extremely successful sea- achievements. On behalf of the State of The following communications were son in which the Jacks finished with a South Dakota, I am pleased to say con- laid before the Senate, together with record of 25–6. gratulations Jackrabbits on this im- accompanying papers, reports, and doc- The SDSU women’s basketball team pressive accomplishment and keep up uments, and were referred as indicated: has a long tradition of postseason suc- the great work.∑ EC–1571. A communication from the Sec- cess. During the 1970s and early 1980s, f retary of Agriculture, transmitting, pursu- the Jacks qualified for 10 AIAW re- ROBERT WINGET: IN MEMORIAM ant to law, an annual report relative to the gional tournaments. As NCAA Division ∑ assessment of the cattle and hog industries; II competitors, they made nine Mrs. BOXER. Madam President, I ask to the Committee on Agriculture, Nutrition, postseason appearances and won the my colleagues to join me in honoring and Forestry. national title in 2003. Additionally, the the memory of a respected law enforce- EC–1572. A communication from the Prin- Jackrabbits reached the Elite Eight in ment officer, Officer Robert Winget of cipal Deputy, Office of the Under Secretary each of their last three seasons as a Di- the Ripon Police Department. of Defense (Personnel and Readiness), trans- For the past 3 years, Officer Winget mitting, pursuant to law, the report of the vision II team. worked tirelessly to provide the resi- Department’s intent to close the Defense In 2004, SDSU transitioned its ath- commissary stores at Bad Nauheim, Ger- letic program to compete in NCAA Di- dents of Ripon with safety and service. On the morning of April 10, 2007, Officer many, on or about June 30, 2007, and at vision I, becoming the first school in Winget’s life was tragically cut short Giessen, Germany, on or about September 1, South Dakota to do so. Since this tran- 2007; to the Committee on Armed Services. in the line of duty as a result of a vehi- sition, the Jackrabbits women’s bas- EC–1573. A communication from the Under cle accident while patrolling the heav- ketball team has successfully risen to Secretary of Defense (Acquisition, Tech- ily wooded banks of the Stanislaus nology and Logistics), transmitting, pursu- meet the challenge that comes with River. this new level of competition. By de- ant to law, the determination that the Joint Officer Winget began his law enforce- Cargo Aircraft is subject to realistic surviv- feating well-known teams with much ment career at the Los Angeles Police ability testing; to the Committee on Armed bigger budgets, this year’s team once Department in the early 1970s. In a ca- Services. again proved that SDSU can compete reer that would span 37 years, Officer EC–1574. A communication from the Senior with the top programs in the Nation. Winget also worked for the Stanislaus Attorney-Advisor, Office of General Counsel, The Jackrabbits were led by Aaron County Sheriff’s Department before Federal Housing Finance Board, transmit- Johnston, who has served as head lending his considerable talents to the ting, pursuant to law, the report of a rule entitled ‘‘Federal Home Loan Bank Appointive coach of the SDSU women’s basketball Ripon Police Department. Throughout team for the past seven seasons. Coach Directors’’ (RIN3069–AB33) received on April his career, Officer Winget dem- 17, 2007; to the Committee on Banking, Hous- Johnston was responsible for taking onstrated a passion for law enforce- ing, and Urban Affairs. the Jacks to the top of NCAA Division ment and commitment to helping oth- EC–1575. A communication from the Coun- II and has shown his strong leadership ers, qualities that enabled him to be- sel for Legislation and Regulations, Office of skills in successfully transitioning the come a beloved member of the Ripon the Secretary, Department of Housing and team to Division I. He was the 2006 Police Department. Officer Wignet’s Urban Development, transmitting, pursuant South Dakota Sportswriters Women’s colleagues and the people whom he pro- to law, the report of a rule entitled ‘‘HOME College Basketball Coach of the Year tected shall always remember him for Investment Partnerships Program; American and has been named the Division I his devotion to serving the community. Dream Downpayment Initiative and Amend- ments to Homeownership Affordability’’ Independent Coach of the Year for the Officer Winget is survived by his wife ((RIN2501–AC93)(FR–4832–F–02)) received on past two seasons. Johnston was sup- and four children. Officer Winget April 17, 2007; to the Committee on Banking, ported by Assistant Coaches Laurie served the people of Ripon with honor Housing, and Urban Affairs. Melum, Jina Johansen, and Matt and dignity and fulfilled his oath as a EC–1576. A communication from the Coun- Stamerjohn. peace officer. His contributions to law sel for Legislation and Regulations, Office of Of course, this historic season would enforcement and the many lives he Housing, Department of Housing and Urban be impossible without the players touched will serve as a shining example Development, transmitting, pursuant to law, themselves. The athletes of the 2006– of his legacy. the report of a rule entitled ‘‘Approval of 2007 South Dakota State University We shall always be grateful for Offi- Condominiums in Puerto Rice on Evidence of cer Wignet’s service and the dedication Presentment of Legal Documents’’ women’s basketball team, in alphabet- ((RIN2502–AI36)(FR–5009–F–02)) received on ical order, are as follows: Alison Ander- that he displayed while serving the April 17, 2007; to the Committee on Banking, son, Maria Boever, Ketty Cornemann, people of Ripon.∑ Housing, and Urban Affairs. Courtney Grimsrud, Nicole Helsper, f EC–1577. A communication from the Direc- tor, Office of Sustainable Fisheries, Depart- Abby Kratovil, Morgan Meier, Ashlea MESSAGES FROM THE HOUSE Muckenhirn, Laura Nielsen, Stacie ment of Commerce, transmitting, pursuant Oistad, Andrea Verdegan, Megan Vogel, At 12:42 p.m., a message from the to law, the report of a rule entitled ‘‘Fish- and Jennifer Warkenthien. House of Representatives, delivered by eries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Processor While all of these women should be Ms. Niland, one of its reading clerks, announced that the House has passed Vessels Using Trawl Gear in the Bering Sea commended for their efforts, I would and Aleutian Islands Management Area’’ (ID like to especially recognize the team’s the following bill, in which it requests the concurrence of the Senate: No. 031507D) received on April 17, 2007; to the only senior, Megan Vogel. A 4-year Committee on Commerce, Science, and starter, Vogel ended her career as the H.R. 1361. An act to improve the disaster Transportation. second leading scorer in SDSU school relief programs of the Small Business Ad- EC–1578. A communication from the Acting ministration, and for other purposes. history with 1,850 career points. During Director, National Marine Fisheries Service, this past season, she led the Jacks in f Department of Commerce, transmitting, pur- ENROLLED BILL SIGNED suant to law, the report of a rule entitled scoring with 17.5 points per game and ‘‘Fisheries of the Exclusive Economic Zone was chosen as a first-team all-Division At 4:36 p.m., a message from the Off Alaska; Pollock in Statistical Area 620 of I Independent selection for the second House of Representatives, delivered by the Gulf of Alaska’’ (ID No. 032607F) received time. After participating in the WNBA one of its clerks, announced that the on April 17, 2007; to the Committee on Com- Pre-Draft Camp, Vogel was chosen as a Speaker has signed the following en- merce, Science, and Transportation. second round draft pick by the Wash- rolled bill: EC–1579. A communication from the Direc- tor, Office of Sustainable Fisheries, Depart- ington Mystics. Selected as the 19th H.R. 1132. An act to amend the Public ment of Commerce, transmitting, pursuant overall pick, Vogel became the first Health Service Act to provide waivers relat- to law, the report of a rule entitled ‘‘Fish- ing to grants for preventive health measures Jackrabbit and first player from a eries of the Exclusive Economic Zone Off with respect to breast and cervical cancers. South Dakota college to be taken in Alaska; Pollock in Statistical Area 610 of the the WNBA draft. The enrol1ed bill was subsequently Gulf of Alaska’’ (ID No. 031507D) received on These are just a few of the many signed by the Acting President pro April 17, 2007; to the Committee on Com- firsts that the Jacks accomplished this tempore (Mr. CASEY). merce, Science, and Transportation.

VerDate Aug 31 2005 00:53 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G19AP6.032 S19APPT1 hmoore on PRODPC68 with HMSENATE S4750 CONGRESSIONAL RECORD — SENATE April 19, 2007 EC–1580. A communication from the Dep- EC–1590. A communication from the Chief, S. 1163. A bill to amend title 38, United uty Assistant Administrator for Operations, Regulatory Management Division, Depart- States Code, to improve compensation and National Marine Fisheries Service, Depart- ment of Homeland Security, transmitting, specially adapted housing for veterans in ment of Commerce, transmitting, pursuant pursuant to law, the report of a rule entitled certain cases of impairment of vision involv- to law, the report of a rule entitled ‘‘Con- ‘‘Petitioning Requirements for the O and P ing both eyes, and to provide for the use of tinuation of the Current Prohibition on the Nonimmigrant Classifications’’ (RIN1615– the National Directory of New Hires for in- Harvest of Certain Shellfish from Areas Con- AB17) received on April 17, 2007; to the Com- come verification purposes; to the Com- taminated by the Toxin that Causes Para- mittee on the Judiciary. mittee on Veterans’ Affairs. lytic Shellfish Poisoning’’ (RIN0648–AT48) re- EC–1591. A communication from the Chief By Mr. CARDIN (for himself, Ms. COL- ceived on April 17, 2007; to the Committee on Executive Officer, Federal Bureau of Prisons, LINS, Mr. LIEBERMAN, Mr. GRAHAM, Commerce, Science, and Transportation. Department of Justice, transmitting, pursu- and Mr. NELSON of Nebraska): EC–1581. A communication from the Sec- ant to law, the Bureau’s Annual Report for S. 1164. A bill to amend title XVIII of the retary of the Federal Trade Commission, fiscal year 2006; to the Committee on the Ju- Social Security Act to improve patient ac- transmitting, pursuant to law, the report of diciary. cess to, and utilization of, the colorectal a rule entitled ‘‘Test Procedures and Label- EC–1592. A communication from the Direc- cancer screening benefit under the Medicare ing Standards for Recycled Oil’’ (RIN3084– tor, Patent and Trademark Office, Depart- Program; to the Committee on Finance. AB06) received on April 17, 2007; to the Com- ment of Commerce, transmitting, pursuant By Mr. CARDIN: mittee on Commerce, Science, and Transpor- to law, the report of a rule entitled ‘‘Cor- S. 1165. A bill to require Federal buildings tation. respondence with the Madrid Processing to be designed, constructed, and certified to EC–1582. A communication from the Sec- Unit of the United States Patent and Trade- meet, at a minimum, the Leadership in En- retary of Energy, transmitting, pursuant to mark Office’’ (RIN0651–AC11) received on ergy and Environmental Design green build- law, a report relative to the implementation April 16, 2007; to the Committee on the Judi- ing rating standard identified as silver by of the Clean Coal Power Initiative; to the ciary. the United States Green Building Council, Committee on Energy and Natural Re- and for other purposes; to the Committee on sources. f Environment and Public Works. EC–1583. A communication from the Regu- INTRODUCTION OF BILLS AND By Mr. WARNER: lations Officer, Social Security Administra- JOINT RESOLUTIONS S. 1166. A bill to amend the Internal Rev- tion, transmitting, pursuant to law, the re- enue Code of 1986 to exclude from gross in- port of a rule entitled ‘‘Temporary Extension The following bills and joint resolu- come certain zone compensation of civilian of Attorney Fee Payment System to Title tions were introduced, read the first employees of the United States; to the Com- XVI; 5–Year Demonstration Project Extend- and second times by unanimous con- mittee on Finance. ing Fee Withholding and Payment Proce- sent, and referred as indicated: By Mr. HARKIN: dures to Eligible Non–Attorney Representa- S. 1167. A bill to amend the Higher Edu- By Mr. HARKIN: tives; Definition of Past–due Benefits; and cation Act of 1965 in order to provide funding S. 1157. A bill to amend the Tariff Act of Assessment for Fee Payment Services’’ for student loan repayment for civil legal as- 1930 to eliminate the consumptive demand (RIN0960–AG35) received on April 17, 2007; to sistance attorneys; to the Committee on exception relating to the importation of the Committee on Finance. Health, Education, Labor, and Pensions. EC–1584. A communication from the Sec- goods made with forced labor; to the Com- By Mr. ALEXANDER: retary of Health and Human Services, trans- mittee on Finance. S. 1168. A bill to amend the Clean Air Act mitting, pursuant to law, a report entitled By Mr. INHOFE: to establish a regulatory program for sulfur ‘‘Finalizing Medicare Regulations under Sec- S. 1158. A bill to amend the Clean Air Act dioxide, nitrogen oxides, mercury, and car- tion 902 of the Medicare Prescription Drug, to increase the use of renewable and alter- bon dioxide emissions from the electric gen- Improvement, and Modernization Act of 2003 native fuel, and for other purposes; to the erating sector; to the Committee on Envi- for Calendar Year 2006’’; to the Committee Committee on Environment and Public ronment and Public Works. on Finance. Works. By Mr. FEINGOLD (for himself and Mr. EC–1585. A communication from the Assist- By Mr. HAGEL (for himself, Mr. HAR- GRAHAM): ant Secretary, Office of Legislative Affairs, KIN, Ms. SNOWE, Mr. ROBERTS, Mr. S. 1169. A bill to ensure the provision of Department of State, transmitting, pursuant COLEMAN, Mr. WARNER, Ms. COLLINS, high quality health care coverage for unin- to law, a report providing descriptions of all Mr. KENNEDY, Mr. DODD, Ms. MIKUL- sured individuals through State health care programs or projects of the International SKI, Mr. SCHUMER, Mr. LIEBERMAN, coverage pilot projects that expand coverage Atomic Energy Agency in each country de- and Mrs. MURRAY): and access and improve quality and effi- scribed in Section 307(a) of the Foreign As- S. 1159. A bill to amend part B of the Indi- ciency in the health care system; to the sistance Act of 1961; to the Committee on viduals with Disabilities Education Act to Committee on Health, Education, Labor, and Foreign Relations. provide full Federal funding of such part; to Pensions. EC–1586. A communication from the Assist- the Committee on Health, Education, Labor, By Mr. DURBIN (for himself, Mr. ant Administrator, Bureau for Legislative and Pensions. KERRY, Mr. FEINGOLD, Ms. CANTWELL, and Public Affairs, United States Agency for By Ms. STABENOW (for herself, Mr. Mr. MENENDEZ, Mr. CARDIN, Mr. International Development, transmitting, CRAIG, Mr. CRAPO, Mrs. CLINTON, Mr. REED, Mr. HARKIN, Mr. KENNEDY, Mr. pursuant to law, a report relative to Multi- CASEY, Mr. LEVIN, Mrs. BOXER, Mrs. BAYH, Mr. LIEBERMAN, Ms. STABENOW, lateral Development bank loans likely to FEINSTEIN, Mrs. MURRAY, Ms. CANT- Mr. SCHUMER, Mr. LAUTENBERG, Mrs. have substantial adverse impacts on environ- WELL, Mr. WYDEN, Mr. SMITH, Mr. BOXER, Mr. WHITEHOUSE, Mr. BROWN, ment, natural resources, public health, and ISAKSON, Mr. BROWN, Mr. MENENDEZ, Mrs. CLINTON, and Mr. LEAHY): indigenous peoples; to the Committee on Mr. BURR, and Ms. SNOWE): S. 1170. A bill to designate as wilderness Foreign Relations. S. 1160. A bill to ensure an abundant and certain Federal portions of the red rock can- EC–1587. A communication from the Dis- affordable supply of highly nutritious fruits, yons of the Colorado Plateau and the Basin trict of Columbia Auditor, transmitting, pur- vegetables, and other specialty crops for and Range Deserts in the State of Utah for suant to law, a report entitled ‘‘Letter Re- American consumers and international mar- the benefit of present and future generations port: Sufficiency Review of the Water and kets by enhancing the competitiveness of of people in the United States; to the Com- Sewer Authority’s Fiscal Year 2007 Revenue United States-grown specialty crops; to the mittee on Energy and Natural Resources. Estimate in Support of $50,000,000 in Com- Committee on Agriculture, Nutrition, and By Mr. BINGAMAN (for himself and mercial Paper Notes’’; to the Committee on Forestry. Mr. DOMENICI): Homeland Security and Governmental Af- By Mr. BINGAMAN (for himself, Mr. S. 1171. A bill to amend the Colorado River fairs. CRAIG, Mr. CONRAD, Mr. SCHUMER, Storage Project Act and Public Law 87-483 to EC–1588. A communication from the Rules and Ms. CANTWELL): authorize the construction and rehabilita- Administrator, Federal Bureau of Prisons, S. 1161. A bill to amend title XVIII of the tion of water infrastructure in Northwestern Department of Justice, transmitting, pursu- Social Security Act to authorize the expan- New Mexico, to authorize the use of the rec- ant to law, the report of a rule entitled ‘‘Sui- sion of medicare coverage of medical nutri- lamation fund to fund the Reclamation cide Prevention Program Final Rule’’ tion therapy services; to the Committee on Water Settlements Fund, to authorize the ((RIN1120–AB06)(72 FR 12085)) received on Finance. conveyance of certain Reclamation land and April 17, 2007; to the Committee on the Judi- By Mr. LIEBERMAN: infrastructure, to authorize the Commis- ciary. S. 1162. A bill to amend the Federal Ciga- sioner of Reclamation to provide for the de- EC–1589. A communication from the Sec- rette Labeling and Advertising Act with re- livery of water, and for other purposes; to retary, Judicial Conference of the United spect to the labeling of cigarette packages, the Committee on Energy and Natural Re- States, transmitting, pursuant to law, a re- and for other purposes; to the Committee on sources. port regarding the federal courts’ compli- Commerce, Science, and Transportation. By Mr. DURBIN (for himself, Mr. ance with the requirements of the E–Govern- By Mr. AKAKA (for himself, Mr. LUGAR, Mrs. LINCOLN, Mr. SMITH, Mr. ment Act of 2002; to the Committee on the BROWN, Mr. FEINGOLD, Mr. HAGEL, OBAMA, Mr. REED, Mr. WYDEN, Mr. Judiciary. Mr. ISAKSON, and Mr. WEBB): NELSON of Florida, Mr. FEINGOLD, Mr.

VerDate Aug 31 2005 00:53 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.013 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4751 DOMENICI, Mr. KENNEDY, Mr. ROCKE- reduction of capital gains rates for in- tive federal status or on active duty for FELLER, and Mr. AKAKA): dividuals and on the taxation of divi- significant periods. S. 1172. A bill to reduce hunger in the dends of individuals at capital gains S. 659 United States; to the Committee on Agri- rates. culture, Nutrition, and Forestry. At the request of Mr. HAGEL, the By Mrs. BOXER (for herself, Mrs. MUR- S. 506 name of the Senator from New Mexico RAY, Ms. STABENOW, Mr. BINGAMAN, At the request of Mr. LAUTENBERG, (Mr. DOMENICI) was added as a cospon- Mr. MENENDEZ, Mr. LAUTENBERG, Mr. the name of the Senator from Mary- sor of S. 659, a bill to amend section CARDIN, Mr. SCHUMER, Mrs. CLINTON, land (Mr. CARDIN) was added as a co- 1477 of title 10, United States Code, to Mrs. FEINSTEIN, Ms. MIKULSKI, Mr. sponsor of S. 506, a bill to improve effi- provide for the payment of the death BAUCUS, and Ms. CANTWELL): S. 1173. A bill to protect, consistent with ciency in the Federal Government gratuity with respect to members of Roe v. Wade, a woman’s freedom to choose to through the use of high-performance the Armed Forces without a surviving bear a child or terminate a pregnancy, and green buildings, and for other purposes. spouse who are survived by a minor for other purposes; to the Committee on the S. 543 child. Judiciary. At the request of Mr. NELSON of Ne- S. 713 By Mr. CARDIN (for himself and Ms. braska, the name of the Senator from At the request of Mr. OBAMA, the MIKULSKI): S. 1174. A bill to amend the Natural Gas Georgia (Mr. CHAMBLISS) was added as name of the Senator from Rhode Island Act to modify a provision relating to the a cosponsor of S. 543, a bill to improve (Mr. WHITEHOUSE) was added as a co- siting, construction, expansion, and oper- Medicare beneficiary access by extend- sponsor of S. 713, a bill to ensure dig- ation of liquefied natural gas terminals; to ing the 60 percent compliance thresh- nity in care for members of the Armed the Committee on Energy and Natural Re- old used to determine whether a hos- Forces recovering from injuries. sources. pital or unit of a hospital is an inpa- S. 721 By Mr. DURBIN (for himself and Mr. tient rehabilitation facility under the At the request of Mr. ENZI, the name BROWNBACK): Medicare program. S. 1175. A bill to end the use of child sol- of the Senator from California (Mrs. diers in hostilities around the world, and for S. 558 BOXER) was added as a cosponsor of S. other purposes; to the Committee on Foreign At the request of Mr. KENNEDY, the 721, a bill to allow travel between the Relations. name of the Senator from Arkansas United States and Cuba. f (Mrs. LINCOLN) was added as a cospon- S. 761 sor of S. 558, a bill to provide parity be- ADDITIONAL COSPONSORS At the request of Mr. REID, the tween health insurance coverage of names of the Senator from Michigan S. 231 mental health benefits and benefits for (Ms. STABENOW), the Senator from At the request of Mrs. FEINSTEIN, the medical and surgical services. Utah (Mr. BENNETT), the Senator from name of the Senator from Minnesota S. 573 Michigan (Mr. LEVIN) and the Senator (Mr. COLEMAN) was added as a cospon- At the request of Ms. STABENOW, the from Nebraska (Mr. NELSON) were sor of S. 231, a bill to authorize the Ed- names of the Senator from Maryland added as cosponsors of S. 761, a bill to ward Byrne Memorial Justice Assist- (Ms. MIKULSKI) and the Senator from invest in innovation and education to ance Grant Program at fiscal year 2006 Washington (Ms. CANTWELL) were improve the competitiveness of the levels through 2012. added as cosponsors of S. 573, a bill to United States in the global economy. S. 254 amend the Federal Food, Drug, and S. 796 At the request of Mr. ENZI, the names Cosmetic Act and the Public Health At the request of Ms. STABENOW, the of the Senator from Tennessee (Mr. Service Act to improve the prevention, name of the Senator from Wisconsin CORKER) and the Senator from Arkan- diagnosis, and treatment of heart dis- (Mr. FEINGOLD) was added as a cospon- sas (Mrs. LINCOLN) were added as co- ease, stroke, and other cardiovascular sor of S. 796, a bill to amend title VII sponsors of S. 254, a bill to award post- diseases in women. of the Tariff Act of 1930 to provide that humously a Congressional gold medal S. 604 exchange-rate misalignment by any to Constantino Brumidi. At the request of Mr. LAUTENBERG, foreign nation is a countervailable ex- S. 378 the name of the Senator from Maine port subsidy, to amend the Exchange At the request of Mr. LEAHY, the (Ms. COLLINS) was added as a cosponsor Rates and International Economic Pol- name of the Senator from Oklahoma of S. 604, a bill to amend title 10, icy Coordination Act of 1988 to clarify (Mr. COBURN) was added as a cosponsor United States Code, to limit increases the definition of manipulation with re- of S. 378, a bill to amend title 18, in the certain costs of health care serv- spect to currency, and for other pur- United States Code, to protect judges, ices under the health care programs of poses. prosecutors, witnesses, victims, and the Department of Defense, and for S. 805 their family members, and for other other purposes. At the request of Mr. DURBIN, the purposes. S. 609 name of the Senator from Vermont S. 430 At the request of Mr. ROCKEFELLER, (Mr. LEAHY) was added as a cosponsor At the request of Mr. LEAHY, the the name of the Senator from Idaho of S. 805, a bill to amend the Foreign name of the Senator from Maryland (Mr. CRAPO) was added as a cosponsor Assistance Act of 1961 to assist coun- (Mr. CARDIN) was added as a cosponsor of S. 609, a bill to amend section 254 of tries in sub-Saharan Africa in the ef- of S. 430, a bill to amend title 10, the Communications Act of 1934 to pro- fort to achieve internationally recog- United States Code, to enhance the na- vide that funds received as universal nized goals in the treatment and pre- tional defense through empowerment service contributions and the universal vention of HIV/AIDS and other major of the Chief of the National Guard Bu- service support programs established diseases and the reduction of maternal reau and the enhancement of the func- pursuant to that section are not sub- and child mortality by improving tions of the National Guard Bureau, ject to certain provisions of title 31, human health care capacity and im- and for other purposes. United States Code, commonly known proving retention of medical health S. 479 as the Antideficiency Act. professionals in sub-Saharan Africa, At the request of Mr. HARKIN, the S. 648 and for other purposes. name of the Senator from Rhode Island At the request of Mr. CHAMBLISS, the S. 815 (Mr. WHITEHOUSE) was added as a co- names of the Senator from Georgia At the request of Mr. CRAIG, the sponsor of S. 479, a bill to reduce the (Mr. ISAKSON) and the Senator from name of the Senator from Mississippi incidence of suicide among veterans. Oklahoma (Mr. INHOFE) were added as (Mr. COCHRAN) was added as a cospon- S. 502 cosponsors of S. 648, a bill to amend sor of S. 815, a bill to provide health At the request of Mr. CRAPO, the title 10, United States Code, to reduce care benefits to veterans with a serv- name of the Senator from Georgia (Mr. the eligibility age for receipt of non- ice-connected disability at non-Depart- CHAMBLISS) was added as a cosponsor of regular military service retired pay for ment of Veterans Affairs medical fa- S. 502, a bill to repeal the sunset on the members of the Ready Reserve in ac- cilities that receive payments under

VerDate Aug 31 2005 00:53 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.032 S19APPT1 hmoore on PRODPC68 with HMSENATE S4752 CONGRESSIONAL RECORD — SENATE April 19, 2007 the Medicare program or the TRICARE S. 972 eign policy of the United States reprogram. At the request of Mr. LAUTENBERG, flects appropriate understanding and S. 871 the name of the Senator from Illinois sensitivity concerning issues related to At the request of Mr. LIEBERMAN, the (Mr. DURBIN) was added as a cosponsor human rights, ethnic cleansing, and name of the Senator from Florida (Mr. of S. 972, a bill to provide for the reduc- genocide documented in the United MARTINEZ) was added as a cosponsor of tion of adolescent pregnancy, HIV States record relating to the Armenian S. 871, a bill to establish and provide rates, and other sexually transmitted Genocide. for the treatment of Individual Devel- diseases, and for other purposes. AMENDMENT NO. 897 opment Accounts, and for other pur- S. 999 At the request of Mr. ENSIGN, the poses. At the request of Mr. COCHRAN, the names of the Senator from Oklahoma S. 875 name of the Senator from Georgia (Mr. (Mr. INHOFE) and the Senator from At the request of Mr. DORGAN, the CHAMBLISS) was added as a cosponsor of Alaska (Mr. STEVENS) were added as co- name of the Senator from Hawaii (Mr. S. 999, a bill to amend the Public sponsors of amendment No. 897 pro- AKAKA) was added as a cosponsor of S. Health Service Act to improve stroke posed to S. 378, a bill to amend title 18, 875, a bill to improve energy security of prevention, diagnosis, treatment, and United States Code, to protect judges, the United States through a 50 percent rehabilitation. prosecutors, witnesses, victims, and reduction in the oil intensity of the S. 1018 their family members, and for other economy of the United States by 2030 At the request of Mr. DURBIN, the purposes. and the prudent expansion of secure oil name of the Senator from Delaware f supplies, to be achieved by raising the (Mr. BIDEN) was added as a cosponsor of fuel efficiency of the vehicular trans- STATEMENTS ON INTRODUCED S. 1018, a bill to address security risks portation fleet, increasing the avail- BILLS AND JOINT RESOLUTIONS posed by global climate change and for ability of alternative fuel sources, fos- By Mr. HARKIN: tering responsible oil exploration and other purposes. S. 1157. A bill to amend the Tariff Act production, and improving inter- S. 1060 of 1930 to eliminate the consumptive national arrangements to secure the At the request of Mr. BIDEN, the demand exception relating to the im- global oil supply, and for other pur- names of the Senator from Illinois (Mr. portation of goods made with forced poses. DURBIN) and the Senator from Mary- labor; to the Committee on Finance. S. 897 land (Ms. MIKULSKI) were added as co- Mr. HARKIN. Mr. President, today, I At the request of Ms. MIKULSKI, the sponsors of S. 1060, a bill to reauthorize rise to introduce legislation that will names of the Senator from Connecticut the grant program for reentry of of- strike the consumptive demand clause (Mr. DODD), the Senator from Delaware fenders into the community in the Om- from Section 307 of the Tariff Act of (Mr. CARPER) and the Senator from In- nibus Crime Control and Safe Streets 1930 (19 U.S.C. 1307). Section 307 pro- diana (Mr. LUGAR) were added as co- Act of 1968, to improve reentry plan- hibits the importation of any product sponsors of S. 897, a bill to amend the ning and implementation, and for other or good produced with forced or inden- Internal Revenue Code of 1986 to pro- purposes. tured labor including forced or inden- vide more help to Alzheimer’s disease S. 1115 tured child labor. caregivers. At the request of Mr. BINGAMAN, the The consumptive demand clause cre- S. 898 names of the Senator from Maine (Ms. ates an exception to this prohibition. At the request of Ms. MIKULSKI, the SNOWE), the Senator from Massachu- Under the exception, if a product is not names of the Senator from Indiana setts (Mr. KERRY) and the Senator from made in the United States, and there is (Mr. BAYH), the Senator from Ohio (Mr. Colorado (Mr. SALAZAR) were added as a demand for it, then a product made BROWN), the Senator from Minnesota cosponsors of S. 1115, a bill to promote with forced or indentured child labor (Mr. COLEMAN), the Senator from Illi- the efficient use of oil, natural gas, and may be imported into this country. nois (Mr. DURBIN), the Senator from electricity, reduce oil consumption, Let us be clear: forced or indentured Rhode Island (Mr. REED), the Senator and heighten energy efficiency stand- labor means work which is extracted from Delaware (Mr. CARPER), the Sen- ards for consumer products and indus- from any person under the menace of ator from Indiana (Mr. LUGAR) and the trial equipment, and for other pur- penalty for nonperformance and for Senator from Vermont (Mr. SANDERS) poses. which the worker does not offer him- were added as cosponsors of S. 898, a S. 1125 self voluntarily. Let us be really clear: bill to amend the Public Health Serv- this means slave labor. In the case of At the request of Mr. LOTT, the name ice Act to fund breakthroughs in Alz- children, it means child slavery. of the Senator from Florida (Mr. NEL- heimer’s disease research while pro- Some examples of goods that are SON) was added as a cosponsor of S. made with child slave labor include viding more help to caregivers and in- 1125, a bill to amend the Internal Rev- creasing public education about pre- cocoa beans, hand-knotted carpets, enue Code of 1986 to provide incentives vention. beedis, which are small Indian ciga- to encourage investment in the expan- S. 901 rettes, and cotton. sion of freight rail infrastructure ca- Throughout my Senate career, I have At the request of Mr. KENNEDY, the pacity and to enhance modal tax eq- worked to reduce the use of forced name of the Senator from Oregon (Mr. uity. SMITH) was added as a cosponsor of S. child labor worldwide. It was in 1992 901, a bill to amend the Public Health S. CON. RES. 22 that I first introduced a bill to ban all Service Act to provide additional au- At the request of Mr. DURBIN, the products made by abusive and exploita- thorizations of appropriations for the name of the Senator from Vermont tive child labor from entering the health centers program under section (Mr. SANDERS) was added as a cospon- United States. 330 of such Act. sor of S. Con. Res. 22, a concurrent res- Over the years we have been making S. 961 olution expressing the sense of the some progress. I was heartened last At the request of Mr. NELSON of Ne- Congress that the Citizens’ Stamp Ad- year when the International Labor Or- braska, the names of the Senator from visory Committee should recommend ganization’s (ILO) global report, The California (Mrs. FEINSTEIN) and the to the Postmaster General that a com- End of Child Labor Within Reach, de- Senator from Washington (Mrs. MUR- memorative postage stamp be issued to tailed the progress being made on re- RAY) were added as cosponsors of S. 961, promote public awareness of Down syn- ducing the worst forms of child labor. a bill to amend title 46, United States drome. The ILO projects that if the current Code, to provide benefits to certain in- S. RES. 106 pace of decline in child labor were to be dividuals who served in the United At the request of Mr. DURBIN, the maintained, child labor could be elimi- States merchant marine (including the name of the Senator from New York nated, in most of its worst forms, in 10 Army Transport Service and the Naval (Mrs. CLINTON) was added as a cospon- years—by 2016. Although there has Transport Service) during World War sor of S. Res. 106, a resolution calling been a tremendous amount of progress II, and for other purposes. on the President to ensure that the for- in ending child labor, there are still

VerDate Aug 31 2005 00:53 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.034 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4753 some obstacles to ending these abusive legislation that served as the historic deserves careful and proper consider- practices. One of those impediments is fuels title to the comprehensive energy ation. The American people require as the consumptive demand clause. bill. That renewable fuels plan was the much. I look forward to working with Today, hundreds of millions of chil- product of years of hearings, negotia- my colleagues to improve U.S. domes- dren are still forced to work illegally tion, and debate. The President’s ini- tic energy security while fully consid- for little or no pay, making goods that tiative deserves the same amount of at- ering public health and welfare. enter our country everyday. For this tention. reason, the consumptive demand clause According to a Labor Department re- By Mr. HAGEL (for himself, Mr. is outdated. Since this exception was port this month, most of the country’s HARKIN, Ms. SNOWE, Mr. ROB- enacted in the 1930s, the U.S. has taken inflation can be directly attributed to ERTS, Mr. COLEMAN, Mr. WAR- numerous steps to stop the scourge of higher gas prices. The USDA’s Eco- NER, Ms. COLLINS, Mr. KENNEDY, child slave labor. Most notably, the nomic Research Service concluded that Mr. DODD, Ms. MIKULSKI, Mr. United States has ratified Inter- high gas prices will increase food costs SCHUMER, Mr. LIEBERMAN, and national Labor Organization’s Conven- in 2007; the Service noted that the food Mrs. MURRAY): tion 182 to Prohibit the Worst Forms of consumer price index increased at an Child Labor. Currently, 162 other coun- annual rate of 2.3 percent in 2006 and S. 1159. A bill to amend part B of the tries have also ratified this ILO Con- will increase 2.5 percent to 3.5 percent. Individuals with Disabilities Education vention. The Energy Information Administra- Act to provide full Federal funding of Additionally, in 2003, my staff was in- tion’s April 2007 Outlook noted that such part; to the Committee on Health, vited by Customs to meet with field the higher prices are due to continued Education, Labor, and Pensions. agents on Section 307 to discuss what international tensions, the conversion Mr. HARKIN. Mr. President, I am appropriations were needed to enforce to summer blends, and unanticipated pleased to join my colleague from Ne- the statute. At the meeting, the field refinery problems. braska, Senator HAGEL, in introducing agents reported that the consumptive AAA found that the average national the IDEA Full Funding Act. The aim of demand clause was an obstacle to their price for gasoline is $2.87 up from $2.55 this legislation is to ensure, at long ability to enforce the law that is sup- just a month earlier. Yet those na- last, that Congress makes good on a posed to prevent goods made with slave tional high prices seem low compared commitment it made more than three labor from being imported into the to California. AAA of Northern Cali- decades ago when we passed what is United States. Yet there has been no fornia noted that the average price for now called the Individuals with Dis- action from the Bush Administration gasoline is $3.41 in Oakland, $3.53 in abilities Education Act. At that time, to support efforts to remove the clause. San Francisco, and averages $3.34 in 1975, we told children with disabil- Retaining the consumptive demand statewide. ities, their families, schools, and clause contradicts our moral beliefs The bottom line—supply source in- States that the Federal Government and our international commitments to stability and inadequate domestic in- would pay 40 percent of the extra cost eliminate abusive child labor. Main- frastructure have and will continue to of special education. We have never taining the consumptive demand contribute to high prices and inflation lived up to that commitment. In fact, clause says to the world that the unless Congress does something about today, we are not even halfway there. United States justifies the use of slave it. The President’s ambitious proposal As we introduce this bill, we want to labor, if U.S. consumers need an item seeks to alleviate those concerns by pay tribute to our former colleague, not produced in this country. Last sourcing new supply domestically. Senator Jim Jeffords of Vermont, who, The proposal that I am introducing year, Harvard University conducted a in 2001, joined with me to introduce the would amend the Clean Air Act’s exist- pilot study on the effects on sales of la- first amendment to make full funding ing renewable fuels standard by diver- beling towels, candles, and dolls as of IDEA mandatory. In 1975, as ranking sifying the types of qualifying fuels made under ‘‘fair labor conditions.’’ member of the House subcommittee on and increasing the volumes. Qualifying The study found that labeling the prod- special education, Jim Jeffords co-au- alternative fuels will be expanded to ucts and raising their prices slightly to thored what would later be known as include fuels derived from gas and coal, cover the costs of ensuring fair labor the Individuals with Disabilities Edu- and hydrogen, among others. conditions resulted in an increased de- cation Act, requiring equal access to Cellulosic biomass ethanol is a prom- mand for these products among certain public education for millions of stu- ising technology that could signifi- consumers in New York City. dents with disabilities. It was a matter cantly increase fuel supplies without There should be no exception to a of profound disappointment to Jim compromising the food and feed prices. fundamental stand against the use of that, year after year, the Federal Gov- I am proud to say that some of the slave labor. I urge my colleagues to ernment failed to make good on its foremost research in the field is being support this measure. funding promises under that law. done in my own State of Oklahoma, in- By Mr. INHOFE: cluding a team at the Noble Founda- We tell our children all the time to S. 1158. A bill to amend the Clean Air tion. Their work is engineering high keep their promises, to live up to their Act to increase the use of renewable energy and perennial crops that can be commitments, to do as they say they and alternative fuel, and for other pur- grown across the country. are going to do. We teach them that if poses; to the Committee on Environ- Similarly, coal-to-liquids fuels could they fail to do so, other people can be ment and Public Works. be the greatest domestic energy re- hurt. Well, that is what Congress has Mr. INHOFE. Mr. President, I rise source of all time. I have been pro- done by failing to appropriately fund today to introduce the Alternative moting the technology for years, par- IDEA: We have hurt school children all Fuel Standard Act. The bill that I am ticularly for defense aircraft, but now across America. We have pitted chil- introducing today reflects the Presi- is the time to expand this super clean dren with disabilities against other dent’s draft legislation to which he re- fuel for use across America. children for a limited pool of school ferred in his State of the Union. The plan would replace the current funds. We have put parents in the posi- Although I may have some questions RFS by requiring 10 billion gallons of tion of not demanding services that with the particulars of the President’s alternative fuel to be used in 2010 and their child with a disability truly plan, he and I share the common goal increasing to 35 billion gallons by 2018. needs, because they have been told that of increasing domestic energy security The bill similarly builds upon the cur- the services cost too much and other without compromising environmental rent RFS by requiring EPA to incor- children would suffer. We have hurt quality. porate the newer qualifying fuels into school districts, which are forced, in ef- As the committee of principal juris- the credit trading system. fect, to rob Peter to pay Paul in order diction, the Committee on Environ- I have been seeking to increase U.S. to provide services to students with ment and Public Works has a long his- energy security for years. I am glad disabilities. We have also hurt local tory of moving fuels legislation. While that the President has stepped up and taxpayers, who are obliged to pay high- chairman, I successfully discharged taken this issue head-on. The proposal er property taxes and other local taxes

VerDate Aug 31 2005 02:23 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G19AP6.029 S19APPT1 hmoore on PRODPC68 with HMSENATE S4754 CONGRESSIONAL RECORD — SENATE April 19, 2007 in order to pay for IDEA services be- Mr. CRAIG. Mr. President, I rise crops have never sat at the head of the cause the Federal Government has today to introduce the ‘‘Specialty Crop farm policy table, but their importance reneged on its commitment. Competition Act of 2007.’’ This bipar- to our Nation’s health, security, and I was pleased that, at the outset of tisan legislation co-sponsored by the economy cannot be avoided any longer. this new Congress, we were able to in- distinguished Senator from Michigan, I look forward to working with my crease funding for the IDEA grants to Senator STABENOW, increases the focus colleagues and the Administration to states program as part of the FY 2007 on the contribution that specialty consider this comprehensive and nec- Continuing Resolution to $10.8 billion. crops add to the United States agricul- essary legislation as we begin to dis- But even that level of funding is woe- tural economy. This bill specifically cuss new initiatives for the 2007 Farm fully inadequate. That represents only provides the proper and necessary at- Bill. 17.2 percent of the additional funding tention to many challenges faced needed to support special education. So throughout each segment of the indus- By Mr. BINGAMAN (for himself, we have a long way to go to reach the try. Mr. CRAIG, Mr. CONRAD, Mr. 40 percent level. But it is time to do so. Most do not realize the significance SCHUMER, and Ms. CANTWELL): It is time for the Federal Government of specialty crops and their value to S. 1161. A bill to amend title XVIII of to make good on its promise to stu- the U.S. economy and the health of the Social Security Act to authorize dents with disabilities in this country. U.S. citizens. According to the United the expansion of medicare coverage of The IDEA Full Funding Act is pretty States Department of Agriculture Eco- medical nutrition therapy services; to straight forward. It authorizes increas- nomic Research Service, fruits and the Committee on Finance. ing amounts of mandatory funding in vegetables alone added $29.9 billion to Mr. BINGAMAN. Mr. President, I am 8-year increments that, in addition to the U.S. economy in 2002. This figure pleased today to join with my col- the discretionary funding allocated does not even include the contribution leagues Senators CRAIG and CONRAD through the Appropriations Com- of nursery and other ornamental plant and others in introducing the Medicare mittee, will finally meet the Federal production, which our bill recognizes. Medical Nutrition Therapy Act of 2007. Government’s commitment to edu- The specialty crop industry also ac- This marks the fourth consecutive cating children with special needs. counts for more than $53 billion in cash Congress that Senator CRAIG and I This bill is a win-win-win for the receipts for U.S. producers, which is have joined together in introducing a American people. Students with dis- close to 54 percent of the total cash re- bill to expand the current Medicare abilities will get the education services ceipts for all crops. A surprising fact to Medical Nutrition Therapy (MNT) ben- that they need in order to achieve and some is that my State of Idaho is a top efit. succeed. School districts will be able to producer of specialty crops. Idaho In 2000, the Congress passed a bill au- provide these services without cutting proudly boasts production of cherries, thorizing Medicare payment for MNT into their general education budgets. table grapes, apples, onions, carrots, services, but only for patients with dia- And local property tax payers will get several varieties of seed crops and of betes and renal diseases. Recognizing relief. course one of our most notable spe- that many other diseases also have a Full funding of IDEA is not a par- cialty crops, potatoes. nutrition component to their treat- tisan issue. We all share an interest in Maintaining a viable and sustainable ment, Congress asked the Centers for ensuring that children with disabilities specialty crop industry also benefits Medicare and Medicaid services to re- get an appropriate education, and that the health of America’s citizens. Obe- port back to Congress their rec- local school districts do not have to sity continues to plague millions of ommendations on MNT coverage. That slash their general education budgets people today and is a very serious and report was submitted to Congress in in order to pay for special education. deepening threat not only to personal 2004 and recommended that patients We all share a sense of responsibility to health and well-being, but to the re- with conditions such as hypertension, make good on the promise Congress sources of the economy as well. This dyslipidemia, and certain cancers be el- made to fully fund its promised share issue is now receiving the necessary at- igible to receive MNT therapy. of special education costs. tention at the highest levels, and spe- Medical Nutrition Therapy is not nu- So I urge my colleagues to join with cialty crops will continue to play a trition counseling, it is much more. It Senator HAGEL and me in sponsoring prominent role in reversing the obesity involves a specific diagnosis of a dis- this bill. In the 30-plus years since we trend. ease, condition, or disorder that can be passed IDEA, and in the 6 years since The ‘‘Specialty Crop Competition treated with nutrition intervention. we passed the No Child Left Behind Act’’ will also provide a stronger posi- That is why Congress limited MNT pro- Act, the expectations for students with tion for the U.S. industry in the global vider status to Registered Dietitians; disabilities have grown immensely. market arena. This legislation pro- they have the specific training nec- Likewise, we are holding local school motes initiatives that will combat dis- essary to address nutritional interven- systems accountable in unprecedented eases, both native and foreign, that tions as part of a diseased related ther- ways. It is high time for us in Congress continue to be used as non-tariff bar- apy. to also be held accountable. It is time riers to U.S. exports by foreign govern- As we all know, Medicare is under for us to make good on our promise to ments. Additionally, provisions in this tremendous financial stress. It is there- fully fund IDEA. bill seek improvements to federal regu- fore critically important that bills de- lations and resources that impede signed to expand Medicare’s coverage By Ms. STABENOW (for herself, timely consideration of industry sani- be both necessary and cost effective. Mr. CRAIG, Mr. CRAPO, Mrs. tary and phytosanitary petitions. This is exactly why Senator CRAIG and CLINTON, Mr. CASEY, Mr. LEVIN, This bill does not provide direct sub- I have been such consistent supporters Mrs. BOXER, Mrs. FEINSTEIN, sidies to producers like other proof expanding the MNT benefit. Mrs. MURRAY, Ms. CANTWELL, grams. This legislation takes a major Under our current bill, there is no Mr. WYDEN, Mr. SMITH, Mr. step forward to highlight the signifi- mandated expansion of the benefit. In- ISAKSON, Mr. BROWN, Mr. cance of this industry to the agri- stead, we simply give the Centers for MENENDEZ, Mr. BURR, and Ms. culture economy, the benefits to the Medicare and Medicaid Services the au- SNOWE): health of U.S. citizens, and the need for thority to expand coverage using the S. 1160. A bill to ensure an abundant a stable, affordable, diverse, and secure National Coverage Determination proc- and affordable supply of highly nutri- supply of food. ess. The Congress has mandated that tious fruits, vegetables, and other spe- Senator STABENOW, I, and our co- the criteria used in that process is nec- cialty crops for American consumers sponsors fully intend to work with essary and reasonable. and international markets by enhanc- Chairman HARKIN, Ranking Member As a result, the MNT benefit will not ing the competitiveness of United CHAMBLISS and the entire Senate Agri- be expanded beyond diabetes and renal States-grown specialty crops; to the culture Committee to include this leg- diseases unless such expansion is prov- Committee on Agriculture, Nutrition, islation in the new Farm Bill that Con- en to be cost effective. This is likely and Forestry. gress will soon be debating. Specialty not a difficult test for MNT to meet.

VerDate Aug 31 2005 02:47 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.039 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4755 There is considerable evidence that S. 1161 benefits that could significantly im- MNT is cost effective in the treatment Be it enacted by the Senate and House of Rep- prove the quality of their lives. At a of conditions such as pre-diabetes, resentatives of the United States of America in time when great changes are afoot in which surprisingly is not eligible for Congress assembled, how this Nation prioritizes the care of MNT. SECTION 1. SHORT TITLE. its veterans, it is still important that Five years ago, in March of 2002, then This Act may be cited as the ‘‘Medicare Medical Nutrition Therapy Act of 2007’’. we also remain attentive to the places HHS Secretary Tommy G. Thompson SEC. 2. AUTHORIZING EXPANSION OF MEDICARE where small changes can make a large warned Americans of the risks of ‘‘pre- COVERAGE OF MEDICAL NUTRITION impact. Several of my colleagues, in- diabetes,’’ a condition affecting nearly THERAPY SERVICES. cluding Senators BROWN, FEINGOLD, 16 million Americans that sharply (a) AUTHORIZING EXPANDED ELIGIBLE POPU- HAGEL, ISAKSON, and WEBB, join me in raises the risk for developing type 2 di- LATION.—Section 1861(s)(2)(V) of the Social introducing this legislation. abetes and increases the risk of heart Security Act (42 U.S.C. 1395x(s)(2)(V)) is This bill would relax the criteria for amended— vision impairment in two separate disease by 50 percent. (1) by redesignating clauses (i) through (iii) HHS-supported research that shows as subclauses (I) through (III), respectively, areas of veterans’ benefits law. The most people with pre-diabetes will like- and indenting each such clause an additional first governs eligibility for disability ly develop diabetes within a decade un- 2 ems; compensation under what is known as less they make modest changes in their (2) by striking ‘‘in the case of a beneficiary the ‘‘paired organ law.’’ The second re- diet and level of physical activity, with diabetes or a renal disease who—’’ and lates to the criteria for blinded vet- which can help them reduce their risks inserting ‘‘in the case of a beneficiary— erans seeking VA grants for specially and avoid the debilitating disease. ‘‘(i) with diabetes or a renal disease adapted housing. Secretary Thompson called for physi- who—’’; The paired organ law provides vet- (3) by adding ‘‘or’’ at the end of subclause cians to begin screening overweight (III) of clause (i), as so redesignated; and erans who sustain a service-connected people age 45 and older for pre-diabe- (4) by adding at the end the following new injury loss of function in one of their tes. When Congress passed the Medi- clause: coupled organs, eyes, kidneys, ears, care Modernization Act in December ‘‘(ii) who is not described in clause (i) but lungs, hands, and feet, with eligibility 2003, it included diabetes (and pre-dia- who has another disease, condition, or dis- for additional compensation should betes) screening in the Welcome to order for which the Secretary has made a na- they sustain a non-service-connected Medicare physical. So Medicare now tional coverage determination (as defined in injury or loss of function in the com- covers diabetes screening and will pay section 1869(f)(1)(B)) for the coverage of such panion organ. services;’’. With respect to vision, VA currently for MNT for beneficiaries diagnosed (b) COVERAGE OF SERVICES FURNISHED BY with diabetes, but it will not pay for PHYSICIANS.—Section 1861(vv)(1) of the Social requires veterans to demonstrate a vis- nutrition counseling for beneficiaries Security Act (42 U.S.C. 1395x(vv)(1)) is ual acuity of less than 5/200 in the non- diagnosed with pre-diabetes. This amended by inserting ‘‘or which are fur- service-connected eye in order to re- makes no sense. nished by a physician’’ before the period at ceive compensation for full service- The last Congress recognized the the end. connected blindness. However, this re- critical role that MNT can play in the (c) NATIONAL COVERAGE DETERMINATION quires veterans to demonstrate more PROCESS.—In making a national coverage de- severe visual impairment to qualify for treatment of HIV/AIDS by making termination described in section MNT one of the Core Medical Services 1861(s)(2)(V)(ii) of the Social Security Act, as benefits than if the standard definition under the Ryan White CARE Act. Ac- added by subsection (a)(4), the Secretary of of blindness were used by VA. The cording to the American Dietetic Asso- Health and Human Services, acting through standard definition, accepted by the ciation, ‘‘The importance of nutrition the Administrator of the Centers for Medi- American Medical Association, the So- and especially medical nutrition ther- care & Medicaid Services, shall— cial Security Administration, and the apy to the treatment and management (1) consult with dietetic and nutrition pro- motor vehicle license laws of all 50 of HIV disease cannot be overstated. fessional organizations in determining ap- States, is a visual acuity of 20/200 or propriate protocols for coverage of medical less, or a peripheral field of vision of 20 MNT has become a critical element of nutrition therapy services for individuals disease management for persons living with different diseases, conditions, and dis- degrees or less. with HIV/AIDS.’’ Many HIV/AIDs pa- orders; and This difference in standards was ini- tients are eligible for Medicare and (2) consider the degree to which medical tially brought to the attention of Rep- these patients are in need of MNT to nutrition therapy interventions prevent or resentative TAMMY BALDWIN of Wis- help them manage their disease. help prevent the onset or progression of consin several years ago by Dr. James Since the current MNT benefit is more serious diseases, conditions, or dis- Allen, a veteran of the Korean War and limited under statute to just bene- orders. a long-time ophthalmologist at the (d) EFFECTIVE DATE.—The amendments Madison VA hospital. Representative ficiaries with diabetes and renal dis- made by this section shall apply to services eases, CMS lacks the authority to ex- furnished on or after January 1, 2008. BALDWIN subsequently engaged in a pand the benefit regardless of how cost long fight on behalf of blinded vet- effective it is or how many lives it By Mr. AKAKA (for himself, Mr. erans, ultimately securing passage of a might save. This makes no sense. BROWN, Mr. FEINGOLD, Mr. bill this March which would change ex- The bill that Senator CRAIG and I are HAGEL, Mr. ISAKSON, and Mr. isting law. I would like to thank Rep- introducing today gives the experts at WEBB): resentative BALDWIN and Dr. Allen for CMS the authority to make those deci- S. 1163. A bill to amend title 38, their hard work on behalf of veterans sions. Choosing to rely on the National United States Code, to improve com- who are struggling with vision impair- Coverage Determination (NCD) process pensation and specially adapted hous- ment as a result of their service and I would allow CMS to make decisions ing for veterans in certain cases of im- am proud to join them in their efforts based upon the science, and establish pairment of vision involving both eyes, through introduction of this com- the extent to which Medicare will and to provide for the use of the Na- panion bill. cover specific services, procedures or tional Directory of New Hires for in- With respect to VA grants for spe- technologies on a national basis. This come verification purposes; to the cially adapted housing for blinded vet- is what the NCD is designed to do. This Committee on Veterans’ Affairs. erans, VA disburses grants of up to approach also recognizes the impor- Mr. AKAKA. Mr. President, today I $10,000 to veterans with a service-con- tance of saving Medicare dollars. introduce the Blinded Veterans Paired nected disability due to blindness in I urge my colleagues to join with me Organ Act of 2007. This legislation both eyes for the purpose of adapting today in supporting this bill. would update the eligibility require- their homes to accommodate their dis- I ask unanimous consent that the ments for certain benefits provided to ability. However, as with the paired text of the bill be printed in the veterans with a service-connected dis- organ statute, current law requires RECORD. ability due to blindness. It addresses that veterans have a visual acuity of 5/ There being no objection, the text of two areas of veterans’ law that here- 200 or less in order to be eligible for the bill was ordered to be printed in tofore excluded many veterans with se- these grants. This legislation would the RECORD, as follows: vere vision impairment from accessing correct this standard as well, making

VerDate Aug 31 2005 02:47 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.023 S19APPT1 hmoore on PRODPC68 with HMSENATE S4756 CONGRESSIONAL RECORD — SENATE April 19, 2007 specially adapted housing grants avail- ficiary is entitled to receive a tant step by waiving the Part B de- able to veterans with a visual acuity of colonoscopy once every ten years and a ductible for preventive colon cancer 20/200 or less, or a peripheral field of high risk beneficiary is entitled to a screenings, effective January 1, 2007. vison of 20 degrees or less. colonoscopy every two years. Despite However, gastroenterologists are now This legislation is particularly im- this, recent studies have shown that reporting that, if polyps or other signs portant at this moment when so many patients are not utilizing coverage of of cancer are discovered in the course of the men and women in our Armed CRC preventive screenings. According of a preventive colonoscopy, the proce- Forces are deployed overseas in combat to the Government Accountability Of- dure is then considered to be diagnostic zones. Traumatic brain injury is fre- fice, since the implementation of the and Medicare requires that the bene- quently described as the ‘‘signature benefit in 1998, the percentage of Medi- ficiary pay a deductible. Congress wound’’ of the conflict in Iraq and it is care beneficiaries receiving either a needs to ensure that beneficiaries are frequently accompanied by damage to screening or a diagnostic colonoscopy not dissuaded from getting this life- the veteran’s vision. Thus, there are has increased by 1 percent. saving procedure by the concern that numerous veterans recovering from Since providing coverage for this life- they might have to pay a deductible if battle wounds right now who can ben- saving service, Congress has discovered a polyp is discovered. Our legislation efit from this legislation both in the many barriers that stand in the way of clarifies congressional intent to ensure immediate future and down the road. patients having access to the that CMS will waive the deductible in Some who have suffered severe vision colonoscopy benefit. One reason for all screenings so that Medicare bene- impairment will be able to speed their such low utilization is that the physi- ficiaries are not confronted with an un- readjustment by adapting their homes cian reimbursement has been cut by 33 expected additional expense, should the to accommodate the disability. And percent since this benefit was enacted. procedure’s coding change. those who have suffered blindness in In 1997, a colonoscopy performed in a The Colon Cancer Screen for Life Act one eye will be assured that they are hospital outpatient department or an would eliminate every one of these bar- provided for in the event that they lose ambulatory surgery center was reim- riers, and in doing so, save lives. First, sight in the other eye. bursed at approximately $301. Now, in this legislation would increase reim- With more and more servicemembers 2007, that reimbursement is only bursement for colorectal cancer related deployed in combat zones everyday, we $198.20. procedures to ensure that physicians are constantly reminded of the great Some may argue that reductions in are able to continue to perform these sacrifice they make for this Nation. We Medicare payments are necessary to valuable services. Reimbursement for owe it to them, at the very least, to en- keep the Medicare Program financially procedures performed in a physician’s sure that they are not required to viable. While I strongly support efforts office would be increased by up to 10 shoulder an undue burden when it to eliminate wasteful spending in percent and reimbursement for proce- comes to qualifying for veterans’ bene- Medicare, I can assure my colleagues dures performed in Hospital Outpatient fits. Thus, I ask my colleagues in the that is not the case here. To the con- Department, HOPD, or Ambulatory Senate to join me in supporting this trary, providing adequate reimburse- Surgery Center, ASC, would be in- important legislation on behalf of ment for screening will result in Medi- creased by up to 30 percent. The bill blinded veterans. care savings and better health out- would also provide Medicare coverage comes. Let me explain. Our health care for the preoperative doctor’s visit con- By Mr. CARDIN (for himself, Ms. system spends an estimated $8.3 billion ducted prior to a screening COLLINS, Mr. LIEBERMAN, Mr. annually to treat newly diagnosed colonoscopy. Finally, the bill contains GRAHAM, and Mr. NELSON of Ne- cases of colon cancer. The average cost a technical provision to require that braska): of direct medical care for each cancer the deductible is waived whether or not S. 1164. A bill to amend title XVIII of episode is estimated to be between the beneficiary’s screening was clean the Social Security Act to improve pa- $35,000 for early stage detection and or results in a biopsy or lesion re- tient access to, and utilization of, the $80,000 for later stage detection. So moval. colorectal cancer screening benefit each time that cancer is not detected More than 50,000 Americans will die under the Medicare Program; to the early, that individual faces an in- from colon cancer this year alone. Committee on Finance. creased risk of developing the disease Ninety percent of these cases might Mr. CARDIN. Mr. President, today I and needing treatment that costs Medi- have been prevented. We cannot afford introduce the Colon Cancer Screen for care Program tens of thousands of dol- to wait another moment before doing Life Act of 2007 along with my col- lars. something to eliminate these and other leagues, Senator COLLINS, Senator Patient participation has also been is barriers that are standing in the way of LIEBERMAN, and Senator GRAHAM. that currently Medicare does not cover preventing colon cancer. Many people are aware that colon can- a preoperative visit with a physician I urge my colleagues to join me in cer is the second most deadly cancer in prior to screening. While it is true that support of this important legislation the United States. In 2006 alone, ac- a colonoscopy is a minimally invasive and enact it this year. cording to the American Cancer Soci- procedure, an anesthetic is used to se- ety, more than 150,000 new cases were date the patient to make the By Mr. CARDIN: diagnosed and more than 50,000 Ameri- colonoscopy less uncomfortable. Be- S. 115. A bill to require Federal build- cans died from colon cancer. In my own cause the patient is going to be ings to be designed, constructed, and State of Maryland, nearly 1,000 people sedated, medical standards require doc- certified to meet, at a minimum, the lost their lives to this disease last tors to visit with the patient before Leadership in Energy and Environ- year. What people are not as aware of, surgery to determine and protect mental Design green building rating however, is that colon cancer is pre- against any risks, such as drug inter- standard identified as silver by the ventable with appropriate screening, action, and to give them preoperative United States Green Building Council, highly detectable, and curable if found instructions. Recognizing the impor- and for other purposes; to the Com- early. The purpose of our bill is to in- tance of these visits, Medicare does re- mittee on Environment and Public crease the rate of participation in imburse for a consultation prior to a Works. colon cancer screening and ensure that diagnostic colonoscopy. A preoperative Mr. CARDIN. Mr. President, we need we are saving every life that we can visit is no less medically necessary be- to make this country energy inde- from this deadly disease. fore a preventive screening, and there- pendent, and to enact a comprehensive, Medicare coverage for colorectal can- fore should be reimbursed in the same long-term energy policy that will give cer screening through colonoscopy was manner. Americans the energy they need, while authorized in the Balanced Budget Act Finally, some beneficiaries may protecting our environment and our of 1997 and further expanded in 2000 delay seeking colorectal cancer screen- national security. when the colonoscopy benefit was ing because they cannot afford Medi- As one step in this direction, today I added for high risk beneficiaries. Under care’s Part B deductible. Recognizing am introducing the American Green this Medicare benefit, a low risk bene- this, Congress recently took an impor- Building Act.

VerDate Aug 31 2005 01:43 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.024 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4757 Our Federal Government is the larg- our streams, rivers, and oceans, and with the requirement under subsection (a) est single energy consumer in the poses a significant problem for the would be impracticable. world. Chesapeake Bay. Every other pollution (B) REVIEW BY SECRETARY.—Not later than Buildings account for over a third of source in the Chesapeake is decreasing, 90 days after the date on which the Secretary America’s energy consumption. Build- receives a report from a head of a Federal but pollution from storm water runoff agency under subparagraph (A), the Sec- ings also account for 49 percent of sul- is increasing. In urbanized areas, in- retary shall review the report and notify the fur dioxide emissions, 25 percent of ni- creased storm water runoff can cause head of the Federal agency on whether any trous oxide emissions, and 10 percent of increased flooding, stream bank ero- Federal building described in the report sub- particulate emissions, all of which sion, degradation of in-stream habitat mitted by the head of the Federal agency damage our air quality. Buildings and a reduction in groundwater qual- shall be required to comply with the require- produce 38 percent of the country’s car- ity. For these reasons, as the Federal ment under subsection (a). bon dioxide emissions—the chief pol- Government moves forward with devel- (4) REGULATIONS.—Not later than 180 days lutant blamed for global warming. after the date of enactment of this Act, the opment, we need to plan for how to Secretary shall promulgate regulations to Federal buildings are a large part of manage storm water runoff. The storm carry out this subsection. this problem. water provisions in the American (c) STUDY.— Energy used in Federal buildings in Green Building Act will be used to (1) IN GENERAL.—Not later than 1 year after fiscal year 2002 accounted for 38 per- intercept precipitation and allow it to the date of enactment of this Act, the Sec- cent of the total Federal energy bill. infiltrate rather than being collected retary shall submit to Congress the results Total Federal buildings and facilities on and conveyed from impervious sur- of a study comparing— (A) the expected energy savings resulting energy expenditures in fiscal year 2002 faces. were $3.73 billion. from the implementation of this section; I ask unanimous consent that the with The American Green Building Act text of the bill be printed in the would require all new Federal buildings (B) energy savings under all other Federal RECORD. energy savings requirements. to live up to green building LEED, There being no objection, the text of (2) INCLUSION.—The Secretary shall include Leadership and Energy in Environ- the bill was ordered to be printed in in the report any recommendations for mental Design, Silver standards, set by the RECORD, as follows: changes to Federal law necessary to reduce the United States Green Building or eliminate duplicative or inconsistent Fed- S. 1165 Council. These standards were created eral energy savings requirements. Be it enacted by the Senate and House of Rep- to promote sustainable site develop- SEC. 4. STORM WATER RUNOFF REQUIREMENTS resentatives of the United States of America in ment, water savings, energy efficiency, FOR FEDERAL DEVELOPMENT Congress assembled, PROJECTS. materials selection, and indoor envi- SECTION 1. SHORT TITLE. The sponsor of any development or redevel- ronmental quality. The average LEED- This Act may be cited as the ‘‘American opment project involving property with a certified building uses 32 percent less Green Building Act of 2007’’. footprint that exceeds 5,000 square feet and electricity, 26 percent less natural gas SEC. 2. DEFINITIONS. that is federally-owned or federally-financed and 36 percent less total energy. LEED- In this Act: shall use site planning, design, construction, certified buildings in the U.S. are in (1) LEED SILVER STANDARD.—The term and maintenance strategies for the property aggregate saving 150,000 metric tons of ‘‘LEED silver standard’’ means the Leader- to maintain, to the maximum extent tech- carbon dioxide reduction, equivalent to ship in Energy and Environmental Design nically feasible, predevelopment hydrology green building rating standard identified as with regard to the temperature, rate, vol- 30,000 passenger cars not driven for one ume, and duration of flow. year. A single LEED-certified building silver by the United States Green Building Council. is designed to save an average of 352 (2) SECRETARY.—The term ‘‘Secretary’’ By Mr. WARNER: metric tons of carbon dioxide emis- means the Secretary of Energy. S. 1166. A bill to amend the Internal sions annually, which is equivalent to SEC. 3. GREEN BUILDING STANDARDS FOR FED- Revenue Code of 1986 to exclude from 70 passenger cars not driven for one ERAL BUILDINGS. gross income certain zone compensa- year. This standard would only apply (a) REQUIREMENT.—Except as provided in tion of civilian employees of the to Federal buildings for which the de- subsection (b), a Federal building for which United States; to the Committee on Fi- sign phase for construction or major the design phase for construction or major nance. renovation is begun after the date of renovation is begun after the date of enact- Mr. WARNER. Mr. President, I rise enactment of the provision. The Gen- ment of this Act shall be designed, con- today to introduce the Federal Em- structed, and certified to meet, at a mineral Services Administration or rel- imum, the LEED silver standard. ployee Combat Zone Tax Parity Act, evant agency may waive this require- (b) DETERMINATION OF IMPRACTICABILITY.— which would provide parity to civilian ment for a building if it finds that the (1) IN GENERAL.—Subject to paragraph Federal employees by extending the requirement cannot be met because of (3)(B), the requirement under subsection (a) tax credit currently received by mili- the quantity of energy required to shall not apply to a Federal building if the tary personnel in combat zones to the carry out the building’s purpose or be- head of the Federal agency with jurisdiction civilian Federal employees working cause the building is used to carry out over the Federal building, in accordance alongside them. My fellow Virginian, with the factors described in paragraph (2), an activity relating to national secu- Congressman FRANK WOLF, has intro- determines that compliance with the re- rity. quirement under subsection (a) would be im- duced a similar bill in the House of My bill will also require that signifi- practicable. Representatives. cant new development or redevelop- (2) FACTORS FOR DETERMINATION.—In deter- In addition, several Federal employee ment projects undertaken by the Fed- mining whether compliance with the re- organizations, such as the American eral Government plan for storm water quirement under subsection (a) would be im- Federation of Government Employees runoff. The hardened surfaces of mod- practicable, the head of the Federal agency (AFGE), the National Treasury Em- ern life, such as roofs, parking lots, and with jurisdiction over the Federal building ployees Union (NTEU), the Financial paved streets, prevent rainfall from in- shall determine— Management Association (FMA), the filtrating the soil. Over 100 million (A) the quantity of energy required by each activity carried out in the Federal building; Senior Executives Association (SEA), acres of land have been developed in and the American Foreign Service Associa- the United States. Development is in- (B) whether the Federal building is used to tion (AFSA), and the National Federa- creasing faster than population: Popu- carry out an activity relating to national se- tion of Federal Employees (NFFE), lation growth in the Chesapeake Wa- curity. strongly support this legislation. tershed, for example, increased by 8 (3) REPORT.— As of today, I have made eleven sepa- percent during the 1990s, but the rate of (A) IN GENERAL.—Not later than 180 days rate trips to Iraq and Afghanistan to impervious surface increased by 42 per- after the date of enactment of this Act, and see firsthand the work of our military cent. Development not only leads to annually thereafter, the head of each Federal personnel, which is essential to success agency shall prepare and submit to the Sec- landscape changes but also to contami- retary a report that includes a description of in these regions. In addition, the work nation of storm water runoff by pollut- each Federal building for which the head of of our Federal civilian employees in ants throughout the watershed. Storm the Agency with jurisdiction over the Fed- these regions is significantly impor- water runoff can carry pollutants to eral building determined that compliance tant.

VerDate Aug 31 2005 02:47 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.036 S19APPT1 hmoore on PRODPC68 with HMSENATE S4758 CONGRESSIONAL RECORD — SENATE April 19, 2007 At the moment, a majority of the for the peoples of those countries, and combat zone compensation of members of work in the reconstruction of these we need to make it easier for our Fed- the Armed Forces) is amended by redesig- countries is being done by the military eral employees to participate. nating subsections (c) and (d) as subsections and the Department of State (DOS). Last year, I offered additional legis- (d) and (e), respectively, and by inserting lation that became law under an emer- after subsection (b) the following new sub- These dedicated men and women de- section: serve our gratitude. However, as I have gency supplemental bill to achieve this ‘‘(c) CIVILIAN EMPLOYEES OF THE UNITED said on a number of occasions, our goal. My bill, S. 2600, provided the STATES GOVERNMENT.— challenging task requires the coordina- heads of agencies other than DOS and ‘‘(1) IN GENERAL.—Gross income does not tion and work of Federal agencies the Department of Defense (DOD) with include so much of the compensation as does across the spectrum. the authority, at their discretion, to not exceed the maximum amount specified Regardless of whether one is in the give their employees who serve in Iraq in subsection (b) for active service as an em- military or a civilian, there are certain and Afghanistan allowances, benefits, ployee of the United States for any month and gratuities comparable to those pro- during any part of which such employee— risks and hardships associated with ‘‘(A) served in a combat zone, or working overseas. As a result, the Fed- vided to State Department and DOD ‘‘(B) was hospitalized as a result of wounds, eral Government provides certain in- employees serving in those countries. disease, or injury incurred while serving in a centives to individuals when they take At that time, the agency heads of combat zone; but this subparagraph shall not on extremely challenging jobs. For ex- non-DOD and DOS agencies did not apply for any month beginning more than 2 ample, those in the military working have such authority, and it is essen- years after the date of the termination of in a combat zone receive the Combat tial, as part of the U.S. effort to bring combatant activities in such zone. Zone Tax Credit. democracy and freedom to Iraq and Af- ‘‘(2) DEFINITIONS.—For purposes of this subsection— This tax credit permits military per- ghanistan, that agency heads be able to ‘‘(A) EMPLOYEE OF THE UNITED STATES.— sonnel working in combat zones to ex- give their workers in those countries the same benefits as those they work The term ‘employee of the United States’ clude a certain amount of income from has the meaning given such term by section their Federal income taxes. This ben- beside. 2105 of title 5, United States Code, and in- efit for the military was established in In the last estimate, there are almost cludes— 1913. 2,000 Federal employees working a vari- ‘‘(i) an individual in the commissioned Private contractors working in Iraq ety of jobs in Iraq and Afghanistan. I corps of the Public Health Service or the and Afghanistan get a similar benefit. am grateful for their hard work in po- commissioned corps of the National Oceanic Under the Foreign Earned Income Tax tentially dangerous situations. And, I and Atmospheric Administration, and ‘‘(ii) an individual not otherwise described Credit, contractors are allowed to ex- know there are many other Federal employees who are anxious to serve in the preceding provisions of this subpara- clude a portion of their income from graph who is treated as an employee of the taxes while they work abroad, like in their country and engage in these ef- United States or an agency thereof for pur- Iraq and Afghanistan. forts, but it is a lot to risk. poses of section 911(b). To date, however, no similar benefit Providing parity in this important ‘‘(B) ACTIVE SERVICE.—The term ‘active exists for Federal employees serving in tax credit would provide a significant service’ means active Federal service by an the same combat zones. I do not believe incentive for individuals to take on employee of the United States.’’. (b) CONFORMING AMENDMENTS.— it is fair for our Federal employees to this challenge—a challenge that Amer- ica desperately needs Federal employ- (1) Section 2201(b) of such Code is amended be excluded from the same benefits by striking ‘‘112(c)’’ both places it appears available to military personnel and pri- ees to undertake. Throughout the world, America’s and inserting ‘‘112(d)’’. vate contractors in the same combat (2) The heading for section 112 of such Code civil servants are serving our govern- zone. is amended to read as follows: ment and our people, often in dan- The Commonwealth of Virginia, of ‘‘SEC. 112. CERTAIN COMBAT ZONE COMPENSA- which I have been honored to serve for gerous situations. They are on the TION OF MEMBERS OF THE ARMED ground in the war on terrorism taking FORCES AND CIVILIAN EMPLOYEES the last 28 years in the Senate, is home OF THE UNITED STATES.’’. to over 200,000 Federal employees. I over new roles to relieve military personnel of tasks civilian employees can (3) The item relating to section 112 in the have long been a strong supporter of table of sections for part III of subchapter B our Federal employees as I have been perform. They are playing a vital role of chapter 1 of such Code is amended to read for our military personnel. in the reconstruction of Iraq and Af- as follows: Our efforts in the war on terrorism ghanistan. ‘‘Sec. 112. Certain combat zone compensa- can only be successful with a highly We have a long tradition in Congress tion of members of the Armed skilled and experienced workforce. I of recognizing the valuable contribu- Forces and civilian employees can personally attest to the dedication tions of our Federal employees in both of the United States.’’. of civil service employees throughout the military service and in the civil (c) EFFECTIVE DATE.—The amendments the Federal Government. Since the service by providing fair and equitable made by this section shall apply to taxable treatment. This bill gives us the abil- years beginning after the date of the enact- September 11th attacks, Federal em- ment of this Act. ployees have been relocated, reas- ity to continue this tradition while at the same time providing an important signed, and worked long hours under By Mr. HARKIN: strenuous circumstances without com- incentive to help America meet its S. 1167. A bill to amend the Higher plaints, proving time and again their needs. Education Act of 1965 in order to pro- I urge my colleagues to join with me loyalty to their country is first and vide funding for student loan repay- in support of this legislation. foremost. I ask unanimous consent that the ment for civil legal assistance attor- During my service as Secretary of text of the bill be printed in the neys; to the Committee on Health, the Navy—during which I was privi- Education, Labor, and Pensions. RECORD. leged to have some 650,000 civilian em- There being no objection, the text of Mr. HARKIN. Mr. President, today I ployees working side by side with the the bill was ordered to be printed in am introducing the Legal Aid Attorney Loan Repayment Act. This important uniformed Navy—I valued very highly the RECORD, as follows: legislation is critical to ensuring that the sense of teamwork between the ci- S. 1166 vilian and uniformed members of the basic civil liberties are protected for Be it enacted by the Senate and House of Rep- United States Navy. Teamwork is an resentatives of the United States of America in all of our citizens. Our promise of intrinsic military value, in my judg- Congress assembled, ‘‘equal justice under law’’ rings hollow ment, and essential to mission accom- SECTION 1. SHORT TITLE. if those who are most vulnerable are plishment. A sense of parity and fair- This Act may be cited as the ‘‘Federal Em- denied access to representation. Legal ness is important for developing this ployee Combat Zone Tax Parity Act’’. Aid attorneys across the country pro- teamwork. SEC. 2. EXCLUSION FROM GROSS INCOME FOR tect the safety, security, and health of In Iraq and Afghanistan, the team- CERTAIN COMBAT ZONE COMPENSA- low-income citizens. When a senior cit- TION OF CIVILIAN EMPLOYEES OF work of the entire Federal Government THE UNITED STATES. izen is the victim of a financial scam, is essential to harness our overall ef- (a) IN GENERAL.—Section 112 of the Inter- when a family faces the loss of their forts to secure a measure of democracy nal Revenue Code of 1986 (relating to certain home, or, all too often, when a woman

VerDate Aug 31 2005 01:43 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.027 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4759 seeks protection from abuse, Legal Aid for sulfur dioxide, nitrogen oxides mer- the suppliers of any automobile com- is there to help them. Legal Aid attor- cury, and carbon dioxide emissions pany—General Motors with a Saturn neys are critical to ensuring that pov- from the electric generating sector; to plant in Tennessee—when they want to erty is not a barrier to accessing the the Committee on Environment and look at our State for expansion—they justice system. Public Works. are not limited by our inability to Despite the importance of the serv- Mr. ALEXANDER. Mr. President, meet clean air standards. ices they provide, almost half of the el- today I introduce legislation to reduce We also have jobs that come from an- igible people seeking assistance from air pollution and the threat of global other direction. In Tennessee, tourism Legal Aid are being turned away be- warming by enacting strict standards is big business. Many people know cause of a lack of funding. Additional on the four major pollutants from pow- about Yellowstone in the West, but the qualified and experienced attorneys erplants. I send the legislation to the Great Smoky Mountains have three would alleviate some of the shortages desk and ask it be introduced. times as many visitors as any Western facing Legal Aid. The PRESIDING OFFICER. The bill park, nearly 10 million visitors a year, I started my legal career as a legal will be received and appropriately re- and they come to see the Great Smok- service lawyer, and it is an experience ferred. ies, not to see smog, not to see soot. that I will never forget. It helped shape Mr. ALEXANDER. Mr. President, I They want to enjoy it. many of my views about how govern- am pleased that Senator JOE When I go into Sevierville, Dolly ment can most effectively help those in LIEBERMAN, of Connecticut, who chairs Parton’s hometown, and ask the Cham- need. Working as a Legal Aid attorney a key environmental subcommittee, ber of Commerce right there next to is one of the most rewarding career will be the bill’s lead cosponsor, so it Maryville where I grew up, what is choices a young lawyer can make. will be known as the Alexander- your No. 1 issue, these conservative Re- Unfortunately, these days, it’s harder Lieberman Clean Air Climate Change publicans in Sevier County say to me: and harder for newly minted lawyers to Act of 2007. It will establish an aggres- Clean air. That is what the Chamber of make the choice that I made to work sive but practical and achievable set of Commerce there says, clean air. So we for Legal Aid. The average starting sal- limits on four key pollutants. This is a Tennesseans think clean air is impor- ary for a Legal Aid lawyer is now little different sort of clean air and cli- tant for our health, because we love to $35,000. But the average annual loan re- mate change bill, and I would like to look at our mountains and because of payment burden for a new law school talk for a few minutes about exactly our jobs. I am the chairman of the Tennessee graduate is $12,000! Many law graduates what it does and why we are doing it Valley Authority Congressional Cau- who are able to take positions with this way. cus. I sit on the Senate’s Environment Legal Aid end up leaving after two or Most of us in the Senate can be meas- and Public Works Committee. I am es- three years because their debt is too ured by where we come from. I come pecially delighted that Senator burdensome. They leave at a time when from the Great Smoky Mountains. LIEBERMAN, who is the cosponsor of they have gained the necessary experi- When I go home tomorrow afternoon, this legislation, not only is on that ence to provide valuable services to after we hopefully start the competi- committee, but he chairs one of the low-income clients, creating a revolv- tiveness legislation debate, I will go to major subcommittees on the Environ- ing door of inexperienced lawyers with- my home about 2 miles from the Great ment and Public Works Committee in Legal Aid services. Smoky Mountains National Park. When the Cherokees named the Great that has to do with global warming. That is why I am introducing this What we are hoping is that this legis- Smoky Mountains, which today have bill to provide a loan-repayment pro- lation, which I am about to describe, become our most visited national park, gram for new law graduates who chose along with legislation Senator CARPER they were not talking about smog and to work for Legal Aid. Such programs of Delaware is introducing today or to- soot. Unfortunately, today they prob- are available for Federal prosecutors morrow, will help move along the de- ably would be. There has been a lot of and other Federal employees. But, for bate about how we deal with global recent progress, but air pollution is Legal Aid attorneys—who have the warming in our country. lowest incomes—there is not adequate still a serious health problem, causing In the legislation I have presented, access to loan-repayment programs. illnesses from asthma to premature the Alexander-Lieberman legislation, Estimates suggest that there are fewer death, and making it harder to attract we seek to preserve our jobs while we than 2,000 attorneys who would need new jobs. clean the air and preserve the planet. the assistance of such a program. This To be specific about that, recently, We have a number of concerns in our bill builds on existing loan-repayment over the last 20 years, the auto indus- country, and global warming is only and retention programs for lawyers in try has become important to Ten- one of those. So I would argue that the other fields by providing partial loan- nessee. provisions we have set out are aggres- repayment assistance to full time civil Tennessee was in competition re- sive, but they are practical and they legal assistance lawyers. Recipients cently for a Toyota plant that nearly are achievable. They set schedules for who receive the loan-repayment assist- came to Chattanooga but went to Mis- powerplants to reduce emissions for ance must commit to a minimum of sissippi. In the last 25 years, one-third sulfur dioxide, for nitrogen oxide, for three years of service. And the bill of our manufacturing jobs have become mercury, and for carbon dioxide. Doing prioritizes awards for those who have auto jobs. I can remember when there so will relieve some of the worst air-re- practiced public service law with less were not any, and I was Governor, and lated health environmental problems than five years of experience. This pro- the Nissan plant decided to come to such as ozone, acid rain, mercury con- gram is critical to ensure that lawyers Tennessee in 1980. The first thing I had tamination, and global warming. who want to commit to public service to do as Governor was to help them go I think it is important to note that are able to do so. down to the air quality board and get a one of the differences with this Alex- We have a responsibility to ensure permit to paint 500,000 cars and trucks ander-Lieberman bill is it proposes car- that all citizens have appropriate pro- a year. That is a lot of paint, and pro- bon caps only on powerplants that tection under the law. By establishing duces a lot of emissions in the area. If produce electricity; it does not propose a loan-repayment program, Legal Aid Tennessee had not had clean air at that carbon caps on the economy as a programs are better able to attract and time, that Nissan plant would have whole. retain qualified personnel. I urge my been in Georgia. So clean air is not Now, why would we only do that? colleagues to support this critical leg- only about our health, although the Well, here are the reasons for that: No. islation to reduce the barriers to public more we learn about the effects of ni- 1, when we talk about global warming service and protect access to legal rep- trogen pollutants and sulfur pollut- and carbon, we are dealing with a huge, resentation for all of our citizens. ants, the more that we learn that it complex economy. This country of ours and mercury are about our health, produces and uses about 25 percent of By Mr. ALEXANDER: clean air is also about our ability to at- all of the energy in the world. We have S. 1168. A bill to amend the Clean Air tract jobs. So we want to make sure businesses that range from the shoe Act to establish a regulatory program that when Nissan or Toyota or any of shop to Google to chemical plants.

VerDate Aug 31 2005 01:43 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G19AP6.048 S19APPT1 hmoore on PRODPC68 with HMSENATE S4760 CONGRESSIONAL RECORD — SENATE April 19, 2007 I think we have to be very careful in real, that human activity is a big part way to allocate the costs of doing Washington about coming up with of the problem, and that it is up to us whatever regulation we do, and that is great schemes and great ideas that to act. called the auction. A market-based cap sound good here but that might not Now not only am I glad to be work- and trade system sounds complicated, apply to everyone across the country, ing with Senator LIEBERMAN, who will but it is not so complicated. It basi- because everyone across the country be the lead cosponsor of this legisla- cally says to each emitter of one of the has a natural conservatism about the tion, he, of course, is already a leader pollutants: You have an allowance to wisdom of those who are in Wash- in this area and he has an emit one ton of that sulfur or of that ington. We could scare them to death economywide piece of legislation which carbon, and as long as you emit that with some talk of an economywide he introduced. Senator MCCAIN in the much, you are okay. If you emit more global warming bill. So I am more last session—I am not about to try to than that, you are going to have to buy comfortable thinking sector by sector. speak for another Senator, but I think allowances to emit that much more I want our steps to be practical and Senator LIEBERMAN is taking the posi- from someone else. So it costs you cost effective. tion he would like to see several good more. Or if you emit less, you can sell I do believe a market-based cap and trains moving down the track toward your allowance. Then as the law goes trade system for powerplants makes a the same station in hopes that one of along over the years, 2009 or 2010 to lot of sense. Powerplants are the log- them eventually gets there, and that 2015, the amount of pollutants that ical place to start with carbon regula- we can learn from each other. come down, your allowance total drops tion. Powerplants produce about 40 per- That is the attitude I take with the down as well. cent of all the carbon in our economy. legislation Senator CARPER has de- One of the favored proposals mostly— Powerplants are increasing emissions scribed today and that he is intro- and especially by many environmental of carbon at a rate faster than any ducing today or tomorrow. Senator groups—is an auction of those allow- other large segment in our economy. CARPER and I have worked together ances. Well, I have resisted. I have been We have selected in our legislation through two Congresses on four pollut- careful about the auctions. I have been what we call a market-based cap and ant legislation. A lot has happened to a lot of auctions. I know they must trade system to regulate the amount of since we started working. For example, have them in Minnesota as well as Ten- carbon that is produced. This is not a the Administration, to its credit, nessee. I have yet to see one where the new idea. The market-based cap and through the Environmental Protection purpose of the auction was not to get trade system was actually introduced Agency, has stiffened requirements for the highest possible price. by a Republican administration in sulfur and nitrogen. I applaud Presi- Well, if I am paying my electric bill which I served in the Cabinet, the first dent Bush for that. They are very good down in Memphis, or if I am at East- George Bush. It was a part of the Clean requirements. They have also proposed man Chemical in east Tennessee or Air Act amendments in 1990. It was in- the regulation of mercury for the first ALCOA trying to keep my electric troduced because we were concerned time in our country’s history. I ap- costs in line, I am not interested in my about the amount of sulfur coming out plaud the EPA for that. So a lot has Senator coming to Washington and of powerplants. Basically it created a changed since Senator CARPER and I having an auction to raise my electric lot of flexibility for those powerplants. first started. rates to the highest possible price. It used a market system. We have now Also we have learned a lot. Senators So also there is the temptation that had 15 years experience with it. It has who do not always have their mouths if you auction off these allowances, and worked very well. It has significantly open learn a lot. We have discovered there are a lot of them when we are reduced the amount of sulfur in the air. one of the most difficult areas in fash- talking about carbon allowances, many It has done it in a way that most ev- ioning a market-based cap and trade more than when we are talking about eryone concedes is the lowest possible system for sulfur or for nitrogen or for sulfur allowances over the last 15 cost of regulation. carbon is who pays for it. We called years. They will bring in a lot of It is a minimal amount of rules from that the allocation system. money. And whenever you bring in a here, a maximum amount of market Senator CARPER and I started out lot of money, and 100 different Sen- decisions and individual decisions by with what we called an output system. ators and lots of Congressmen know individual utilities. So we have had We thought that sounded pretty good. there is a pot of money, they will come that system in effect since 1990. There It would be based upon the amount of up with a lot of ways to spend that has been a similar system in effect for electricity you would be putting out. money. And where will that money nitrogen. There has been a similar cap But the more we studied it, he came to come from? Well, it has got to come and trade system in Europe. We have a a different conclusion and I came to a from the man or women or family pay- lot of experience with cap and trade. So different conclusion. I came to the con- ing the electric bill in Nashville, or we have elected to use a similar cap clusion that we should use historical Knoxville. So I have been conservative and trade market-based system to reg- emissions. In other words, we are say- about the use of auctions. ulate the carbon coming out of the ing to a utility in the United States: Senator LIEBERMAN and I, in this bill, same smokestacks that sulfur, nitro- We are about to impose upon you some say 75 percent of the allowance comes gen, and mercury come out of. We can requirements for cleaning up more sul- from historical emissions and 25 per- already measure the amount of carbon fur, cleaning up more nitrogen, clean- cent are sold in an auction. This gets coming out, so we do not have to guess ing up mercury—for the first time—and way down in the weeds, as we say. But about that. We do not have to invent a regulating the emissions of carbon for one of the things that I think may be new system. the first time, and I understand that is beneficial from Senator CARPER going We do have to be careful about what a significant cost. ahead with his bill, which relies on an the standards are, what the dates are. That capital cost will have to be output system that becomes a 100-per- We want to know what the costs will borne in the end by ratepayers. So, in cent auction, and way we go ahead in be to the ratepayers. We want to keep my view, it seems to me that the fair- the Alexander-Lieberman bill with 75- electric rates as low as we possibly can, est way to impose that cost would be percent input and 25-percent auction, as well as making the energy clean. through what we call the historical al- may be that our colleagues will do as But if we are concerned about global location system. That is the way we we have been doing over the last few warming in this generation, because I have done it with allowances for sulfur months, and spend a little more time think we should be, then powerplants and nitrogen for the last 15 years. understanding allowances and auc- are a good place to start. It is time to In fact, the input or the historical al- tions, and we can come to a better con- finish the job of cleaning the air of sul- lowance system as the way to pay the clusion about this. fur, of too much sulfur, too much ni- bill has been the way it is done almost I value greatly my relationship with trogen, and too much mercury. It is everywhere, I believe. Senator CARPER and respect his leader- time to take the right first step with But there is another way to allocate ship in this area. He chairs one of the controlling carbon emissions. It is time that is called the output. Senator CAR- principal subcommittees on the Envi- to acknowledge that climate change is PER selected that. There is still a third ronment Committee upon which I serve

VerDate Aug 31 2005 01:43 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G19AP6.054 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4761 and the Presiding Officer serves. What ing very well. It was a new subject. But I hope my colleagues will carefully I hope is he and I are moving into a Gaylord Nelson was doing it. The kids consider this sector-by-sector approach new stage of our working relationship were doing it. People were recycling. to climate change. Carbon caps might on clean air and climate change, and The Republican President was talking be the best way—I believe they are—for the result of that will be that all of our to the Republican leadership, and Sen- dealing with electric powerplants. ideas will be out in front of our col- ator Baker, Senator Muskie, and the When it comes to fuel, there may be leagues and that it will move the de- Congress passed the first Clean Air and another strategy that makes sense. We bate along. Clean Water Acts. could deal with that sector in a dif- I would emphasize, we agree, he and Many of us who have lived a while ferent way. For example, when we were I, on a lot more than we disagree on. In can remember things are better today dealing with sulfur, we didn’t put a cap fact, I believe on all of the standards in many ways. When I was a student at and trade on diesel fuel. We did on pow- and deadlines for meeting those stand- Vanderbilt in Nashville, it was so erplants. But when we got to diesel ards for nitrogen, sulfur, and mercury, smoggy in the mornings, you couldn’t fuel, we just said that you have to have we agree. We agree there should not be see downtown. Your clothes got dirty ultra low sulfur diesel for big trucks, a cap and trade system for mercury be- during the day. Things got gradually which just now went into effect. cause mercury is a neurotoxin, and better. In 1990, when the first President There is also the large segment of down in east Tennessee where I live, we Bush was in office, we passed impor- building energy use. If we took the sec- do not want TVA buying a lot of allow- tant Clean Air Act amendments, and tor of building energy use, the fuel seg- ances so they can emit a lot more mer- the first cap and trade system for sul- ment, and the electric powerplants, if cury, because it doesn’t go up in the air fur began. What also happened was we added that to a few stationery and blow into North Carolina, it goes that we learned more about how dam- sources in America and developed up in the air and comes right down on aging these pollutants are to our strategies that were aggressive but top of us, for the most part. We don’t health. practical and cost-effective for each of want that. As a result, the standards which we those segments, we would be up in the We don’t want that. The more we once thought were high seemed low. 85 to 90 percent of all the carbon we learn about mercury, the less we want Knoxville, the biggest city near where produce in America. That makes a lot it. We don’t have cap and trade for I grew up, near the Smoky Mountains, more sense to me than trying to devise mercury, although we do suggest that is the 14th most polluted city for some one-size-fits-all system that af- for carbon. ozone. Ozone irritates lung tissue, in- fects every little shop, store, or farm in Climate change has become the issue creases the risk of dying prematurely, America. If we can get most of it this of the moment. Everybody is talking increases the swelling of lung tissue. It way, maybe we can learn something so about it. There are movies about it. increases the risk of being hospitalized that someday we can get the rest of it. The Vice President was here testifying with worsened lung diseases and trig- I ask unanimous consent to have about it. It is not the only issue that gering asthma attacks. At risk in printed in the RECORD at the conclu- faces us that has to do with air pollu- Knoxville County alone are 176,000 chil- sion of my remarks a section-by-section. I am more concerned in Tennessee dren, 112,000 seniors, 15,000 children tion description of the Alexander- about sulfur, nitrogen, and mercury with asthma, and 50,000 adults with Lieberman bill, a one-page summary of than I am about carbon. That is why asthma. Ozone is not emitted directly the Alexander-Lieberman Clean Air/ this is a four-pollutant bill. We ought from tailpipes and smokestacks. The Climate Change Act of 2007, as well as to address all of these at once. raw ingredients come from coal-fired a short memorandum which we de- I was in this body 40 years ago as a powerplants and cars. scribe as discussion points and with staff assistant working for Howard Sulfur is in many ways our biggest which I will conclude my remarks by Baker. I remember very well when Sen- problem. It is the primary contributor going over in just a moment, and a let- ator Baker, a Republican, and Senator to haze. It causes difficulty in breath- ter from the National Parks Conserva- Muskie of Maine, a Democrat, worked ing. It causes damage to lung tissue tion Association endorsing the bill. together on the committee on which and respiratory disease and premature The PRESIDING OFFICER. Without the Presiding Officer and I now serve. death. objection, it is so ordered. They passed the first Clean Water Act We know that mercury is also a prob- (See exhibits 1 through 4.) and the first Clean Air Act. The Clean lem. Monitoring by the National Park Mr. ALEXANDER. Senator LIEBER- Water Act, some people have said, is Service in the Great Smoky Mountains MAN and I don’t have all the answers the most important piece of urban re- has found high levels of mercury depos- with this legislation. I feel much more newal legislation ever enacted because its from air pollution. Mercury pollu- comfortable with this legislation today the rivers of America had gotten so tion of rivers and streams contami- than I did with any I helped introduce dirty, nobody wanted to live on them. nates the fish we eat and poses a seri- last year or the year before because I The rivers of America are where most ous threat to children and pregnant have learned a lot more. But I will of our great cities are. As soon as they women. guarantee my colleagues that there are were cleaned up, people moved back to This bill is a clean air and a climate several areas in which I would welcome the cities and around the rivers. That change bill. I hope our committee, as advice. Over the last several weeks, I was 1970 and 1971. we take advantage of this resurgence of have met with a dozen, two dozen envi- It is appropriate to think about that interest in the quality of air and our ronmental groups, utilities, Tennessee now because Earth Day is coming up health and what we need to do about it, citizens, others who had suggestions. this weekend. I can remember Earth we won’t just do part of the job. I For example, the discussion points that Day, which began in 1970. Suddenly the would like to look at the whole pic- I have put into the record contain five environment, which had been an issue ture. What we do in this bill is take the points that are arguable. I have come that was reserved for only a few people, standards that the EPA has created for to a tentative conclusion on them. became a national craze. It was almost nitrogen and sulfur and put them into That is in the bill. But there is another like a hula hoop. Everybody was inter- law. We make them a little stricter, side to the point. I am looking for ad- ested in the environment and recy- but basically we put them into law. We vice. cling. Former Senator Gaylord Nelson take the mercury rule of the EPA, and For example, should we cap only car- was a leader in creating Earth Day. I we put it into law. We make it even bon or all greenhouse gases emitted can remember sitting in a meeting of stricter. The EPA says get rid of 70 per- from electricity plants? I chose to cap President Nixon and the Republican cent of it. We say get rid of 90 percent. CO2 only. That is because this is a four- leadership in 1970 when I was on the Then for the first time we put into law pollutant bill—sulfur, nitrogen, mer- White House staff, and President Nixon carbon caps on electric powerplants cury, and carbon. It is not primarily a was trying to explain to the Repub- which produce 40 percent of all the car- climate change bill. lican leaders the importance of envi- bon produced in the United States and Another consideration is that it ronmental issues. It was 8 o’clock in are the fastest growing sector pro- seems Europe’s experience is that it the morning, and they weren’t listen- ducing carbon in America. may be better to cap just carbon and

VerDate Aug 31 2005 02:23 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G19AP6.055 S19APPT1 hmoore on PRODPC68 with HMSENATE S4762 CONGRESSIONAL RECORD — SENATE April 19, 2007 not all greenhouse gases. That is a sure we will. But the cap level we pick Sec. 102. New Source Review Program question we can debate. in this legislation is to say, let’s freeze Beginning January 1, 2020, electricity What should the size of an auction be at the level of last year, starting with plants that have been operating for 40 years in terms of the allowances? I discussed 2011, and go down step by step into 2025 or more have to meet a performance stand- that earlier. Senator LIEBERMAN and I to 1.5 billion metric tons. This is our ard of 2 pounds of sulfur dioxide per MWh and 1 pound of nitrogen oxides per MWh. have chosen 25 percent of the total contribution to the debate. number of allowances. Senator CARPER, We have learned enough about our Sec. 103. Integrated Air Quality Planning for the Electric Generating Sector in his bill, eventually goes to 100 per- health, about our ability to attract cent. There are arguments on both Cuts sulfur dioxide and nitrogen oxide jobs, to know we need to finish the job emissions in two phases: sides. of cleaning up the air of nitrogen, of What influenced my decision was, I Phase One—codifies Phase One of the Clean sulfur, and of mercury; and we need to Air Interstate Rule (CAIR). wanted to keep the costs down as much take the right first step to begin to Phase Two—in 2015, replaces CAIR with a as possible. I was afraid that if we used control the emission of carbon to deal national program, reducing the current SO2 some different kind of allowance allo- with global warming. I believe the cap of 9.4 million tons to 2.0 million tons per cation, we might literally take money right first step is a market-based cap year and establishing eastern and western away from the emitters that they NOx caps totaling 1.6 million tons per year. and trade system of electricity plants ought to be using to put scrubbers on Requires mercury emissions to be cut by 90 which is described here. to reduce sulfur, nitrogen, mercury, or percent in 2015 without trading. May I also say this: Some people say: carbon and pay it to other utilities. Establishes a Climate Champions Program What rules should govern the use of Well, let’s wait until China does it. that authorizes EPA to recognize electricity Let’s wait until India does it. The plants that meet a 1,100 pound of CO2 per offset allowances by electric plants? MWh. Offsets are an ingenious idea. The idea great danger is that we will not unleash the technological genius of the Reduces carbon dioxide emissions as fol- would be that an emitter of carbon lows: United States of America to clean our might be able to pay somebody else to 2011–2014 2.3 billion metric tons of CO2 reduce their output of carbon and, air and to deal efficiently and inexpen- 2015–2019 2.1 billion metric tons therefore, we would end up with the sively with the emissions of carbon. If 2020–2024 1.8 billion metric tons we do not figure that out, India and 2025 and thereafter 1.5 billion metric tons same amount of carbon. There are Authorizes an auction of 25 percent of the many advantages to that. For example, China are going to build so many dirty coal powerplants that it will not make CO2 allowances to be used to mitigate in- the Tennessee Valley Authority might creased electricity costs, if any, of con- pay a Tennessee farmer to manage his any difference what we do because the sumers and energy-intensive industries. livestock crop in a way as to not wind will blow the dirty air around Sec. 104. Revisions to Sulfur Dioxide Allowance produce as much methane, might pay a here, and we will suffer and the planet Program Tennessee farmer to plant a lot of will suffer whatever the consequences Updates the allowance allocation formulas are of global warming and of the other trees. Both of those things would re- of the Title IV SO2 program to meet the 2015 duce greenhouse gases, and the farmer pollutants that come from coal. cap of 2.0 million tons per year and to in- would have more money in his pocket. So we have an obligation not just to clude allowances for electricity plants built That is a good idea. the world to do this, we have to do this from 1990 to 2006. The downside of offsets is that if they for ourselves because 100, 200, 300, 400, Sec. 105. Air Quality Forecasts and Warnings are unregulated entirely, it seems to 500 new coal-fired powerplants in India Requires the Administrator of the Na- me they could become a gimmick or a and China will obliterate any of the tional Oceanic and Atmospheric Administra- fad or worse. What we have done in this good work we might do here. I believe tion (NOAA), in cooperation with the EPA bill is adopt a system of offsets from a if we take the aggressive but practical Administrator, to issue air quality forecasts consortium of States ranging from cost-effective steps in this Clean Air/ and warnings. Maryland to Maine—that includes Sen- Climate Change Act, we will unleash Sec. 106. Relationship to Other Law ator LIEBERMAN’s State of Con- the great entrepreneurial spirit of our Requires the EPA Administrator within 2 necticut—and used those model rules country. We will be able to create an years to promulgate regulations for the underground injection of CO2 in a manner that on offsets. That tends to limit the way inexpensive way to deal with carbon on protects human health and the environment. offsets may be used. It is a good place a segment-by-segment basis, deal with TITLE II: GREENHOUSE GAS OFFSETS to at least begin. In other words, a util- the other pollutants, and India and Sec. 201. Greenhouse Gas Offsets ity might produce more carbon, but it China will have to follow. The rest of might pay someone else who is reduc- the world will follow, and we will be Establishes standards for offset allowances ing carbon by using biomass or by se- in six categories: landfill methane capture better off. and destruction; sulfur hexafluoride reduc- questering carbon in some other way. I cannot imagine more interesting tions; sequestration of carbon due to There is a question about how should and exciting work to be doing. This is afforestation or reforestation; reduction and new coal-fired electric plants be treat- the kind of subject on which we should avoidance of carbon dioxide emissions from ed. There are probably 160 new coal be working together on a bipartisan natural gas, oil, and propane end-use com- plants on the drawing boards. Some of basis. bustion due to end-use energy efficiency; avoided methane emissions from agricul- them hope to escape the rules Congress I thank Senator LIEBERMAN for join- is considering about capping the out- tural manure management operations; and ing me in cosponsoring this legislation. eligible biomass. put of carbon. I don’t think they I salute Senator CARPER for his contin- should. This bill would apply to all ued leadership. I look forward to work- EXHIBIT 2 coal-fired powerplants, including those ing with him. on the drawing boards. It also would ALEXANDER-LIEBERMAN CLEAN AIR/CLIMATE EXHIBIT 1 CHANGE ACT OF 2007 give an incentive to the first 30 of Why legislation is needed those plants to meet a high standard of CLEAN AIR/CLIMATE CHANGE ACT OF 2007, SEC- clean coal technology. We don’t want TION BY SECTION DESCRIPTION, APRIL 19, To improve public health and reduce the 2007 threat of global warming, Congress must to encourage the use of natural gas in TITLE I: GENERAL PROVISIONS enact electricity sector legislation that puts this bill. That is the last thing we want stricter standards on sulfur and nitrogen pol- Sec. 101. New Source Performance Standard to do. We don’t want to discourage the lution, cuts mercury emissions by 90 percent, use of coal. We have a lot of coal. It Requires all new coal-fired electricity and places the first caps on carbon emis- would help make us energy inde- plants constructed or modified after January sions. pendent. We want to encourage the cre- 1, 2015, to meet a performance standard of The Environmental Protection Agency’s ation of the kind of technology that 1,100 pounds of carbon dioxide (CO2) per new rules to limit sulfur, nitrogen, and mer- megawatthour of electricity generated will permit us to use coal in a clean cury don’t go far enough, fast enough. (MWh). Under current law, too many communities way that either recaptures the carbon Between January 1, 2011 and December 31, live with air that is unhealthy to breathe, and stores it or finds some other way 2020, 5 percent of the total CO2 allowances and mercury continues to pollute our rivers to deal with it. will be set aside for new coal-fired power and streams. Finally, what should the CO2 cap lev- plants built after enactment that meet this The Clean Air/Climate Change Act sets ag- els be? We can debate that, and I am performance standard. gressive, but practical and achievable limits

VerDate Aug 31 2005 02:23 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G19AP6.057 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4763 for reducing four pollutants in order to pre- Discussion Offsets must be real reductions, however, serve our jobs while we clean the air and pre- and not gimmicks. In his bill, Sen. Alexander chose to cap CO2 serve our planet. only. In part, that decision is a result of the RGGI’s model rules on offsets were adopted Why the bill focuses on the electricity sector Clean Air/Climate Change Act being a bill in an extensive, multi-state stakeholder Electricity plants are the logical place to that limits the four major pollutants emit- process. start because: ted from electricity plants: sulfur dioxide, Sen. Alexander is seeking additional meas- They produce 40% of the CO2 in our coun- nitrogen oxides, mercury, and carbon diox- try, at a rate almost twice as fast as any ide. It is not primarily a climate change bill. ures to include in a four pollutant law that other large segment of the economy. Another consideration is the experience will prevent fuel switching to natural gas, as We have 15 years’ experience with a mar- gained from Phase One of the European the use of natural gas to generate electricity ket-based cap and trade program to reduce Union’s Emissions Trading Scheme (EU can create volatility in electricity prices for sulfur emissions. ETS), the largest cap and trade program in consumers. How Clean Air/Climate Change Act works the world. The EU ETS capped only CO2 in 4. How should new coal-fired electricity plants The Clean Air/Climate Change Act of 2007 its first phase. Phase Two of that program, be treated which starts in 2008, will cap six greenhouse provides an aggressive—yet achievable— Clean Air/Climate Change Act schedule for power plants to reduce emis- gases: carbon dioxide, methane, nitrogen ox- sions and alleviate some of our worst air-re- ides, perflourocarbons hydrofluorocarbons, New fossil fuel electricity plants coming lated health and environmental problems, and sulfur hexaflouride on line after January 1, 2007 will be required such as ozone, acid rain, mercury contamina- The U.K. House of Commons Environ- to purchase 100 percent of their required al- tion, and global warming. mental Audit Committee in its Fourth Re- lowances. Specifically, the Clean Air/Climate Change port (dated March 27, 2005) recommended that Phase Two not be expanded to include Between January 1, 2007 and December 31, Act would: 2020, 5 percent of the total CO allowances Cut sulfur dioxide (SO ) emissions by 82 gases other than carbon dioxide. 2 2 will be set aside as an incentive for new coal- percent by 2015. This acid rain-causing pollu- Instead, the House of Commons Committee fired power plants that meet a performance tion would be cut from today’s 11 million recommended minimal significant changes standard of 1,100 pounds of CO per megawatt tons to a cap of 2 million tons in 2015. to the shape and scope of the trading pro- 2 hour. Cut emissions of nitrogen oxides (NOx) by gram. 68 percent by 2015. Ozone pollution would be The House of Commons Committee also In 2015, all new coal-fired electricity plants cut from today’s 5 million tons to a cap of 1.6 recommended non-carbon greenhouse gases must meet this performance standard. million tons in 2015. be addressed through regulation and not Discussion Cut mercury emissions at each power plant through trading. by 90 percent in 2015. This is a stringent, yet What is the best approach? Electricity sector climate legislation achievable goal that would greatly reduce 2. What size should an auction be should actively discourage the construction the risks this neurotoxin poses to children of new conventional fossil fuel power plant Clean Air/Climate Change Act and pregnant women. and encourage technologies that allow for Auctions 25 percent of CO2 allowances. Implement a cap, trade, and offsets pro- the capture and sequestration of CO2. gram to reduce CO emissions. CO emissions Uses the proceeds to offset increased elec- 2 2 A performance standard of 1,100 pounds of would be capped at 2.3 billion metric tons in tricity costs (if any) of consumers and en- CO per MWh (the same standard used in 2011, 2.1 billion metric tons in 2015, 1.8 billion ergy-intensive industries. 2 California for electricity purchases from out- metric tons in 2020, and 1.5 billion metric Discussion of-state coal-fired power plants) will ensure tons in 2025 and beyond. The total value of the CO2 allowances will that new coal-fired power plants capture at Innovative features be much higher than the total value of SO 2 least 60 percent of their CO2. In order to encourage prompt, deep yet allowances because there will be about 1,000 Denying CO2 allowances to plants that fail cost-effective CO reductions, the Clean Air/ times more CO2 allowances than SO2 allow- 2 to meet this standard is a powerful disincen- Climate Change Act contains several innova- ances. Because CO2 allowances will be so tive to building conventional coal plants tive features, including: much more valuable, economists recommend Climate Champions Program. Establishes a that there be an auction. that lack lack carbon capture technology. reserve of 5% of all CO2 allowances as an in- In its 2004 report, the National Commission Otherwise, new conventional coal plants centive for new coal-fired electricity plants on Energy Policy (NCEP) recommended that will lock in high CO2 emissions for years. 10 percent of allowances be auctioned. How- that meet a performance standard of 1,100 Inclusion of natural gas-fired plants in this per megawatthour between ever, in March 2007 NCEP changed its rec- pounds of CO2 program is important to avoid creating an 2011 and 2020. (This performance standard is ommendation on allocation. NCEP now rec- incentive to shift more generation to natural comparable to an IGCC coal plant with 60% ommends that 50 percent of allowances be gas. CO2 capture and storage.) auctioned. Minimizes costs. Auctions 25% of the CO2 Similarly, a March 2007 NCEP paper states What should CO2 cap levels be allowances and authorizes the proceeds to be that businesses and consumers at the end of Clean Air/Climate Chance Act used to mitigate increased electricity costs the energy supply chain—not oil, natural

(if any) to consumers and energy-intensive gas, and electric utilities—bear the largest The power sector CO2 cap should decline industry. share of the costs of a greenhouse gas emis- over time on the following schedule: 2011– Discourages fuel switching from coal to sions cap-and-trade program. 2014, 2.3 billion metric tons; 2015–2019, 2.1 mil- natural gas. The use of natural gas to gen- Auctioning 25 percent of the CO2 allow- lion metric tons; 2020–2024, 1.8 billion metric erate electricity can create volatility in ances for the power sector would generate tons; and 2025 and beyond; 1.5 billion metric electricity prices for consumers. revenues sufficient to protect consumers tons. Flexible compliance. Permits the use of from higher electricity rates. Discussion offsets so that companies may meet their The Regional Greenhouse Gas Initiative carbon emissions reduction flexibly and cost- (RGGI) model rule recommends that 25 per- This an aggressive yet achievable cap that effectively. cent of CO2 allowances be auctioned. starts with limiting electricity sector CO2 to 3. What rules should govern the use of offset al- the level emitted in 2006 and then declines in EXHIBIT 3 lowances by electricity plants? a step wise manner out to 2025. CLEAN AIR/CLIMATE CHANGE ACT OF 2007, Clean Air/Climate Change Act An electricity sector CO2 cap on 1.5 billion DISCUSSION POINTS metric tons is roughly equivalent to the ISSUES THAT SEN. ALEXANDER WOULD LIKE TO Includes the RGGI model rules on offsets. Offset types: landfill methane capture and electricity sector cap in the Lieberman- DISCUSS destruction; sulfur hexafluoride reductions; McCain Climate Stewardship and Innovation 1. Should Congress cap only CO or all 2 sequestration of carbon through Act. greenhouse gases emitted from electricity afforestation or reforestation; reduction and Electricity plants emit 40 percent of U.S. plants? avoidance of carbon dioxide emissions from 2. What size should an auction be? carbon dioxide. Emissions from this major 3. What rules should govern the use of off- natural gas, oil, and propane end-use com- sector source of carbon dioxide need to be re- set allowances electricity plants? bustion due to end-use energy efficiency; duced now in order to preserve the option of 4. How should new coal-fired electricity avoided methane emissions from agricul- stabilizing atmospheric concentrations at 450 plants be treated? tural management operations; and eligible parts per million, the level that scientists 5. What should CO2 cap levels be? biomass. believe will most likely prevent some of the Discussion worst global warming impacts being pro- 1. Should Congress cap only CO2 or all green- Allowing electricity plants to meet their jected. house gases emitted from electricity plants CO2 reductions through offsets provides com- Delaying emissions reductions will make Clean Air/Climate Change Oct pliance flexibility that greatly reduces costs the job more challenging and expensive down Caps CO2 only. to consumers and industry. the road.

VerDate Aug 31 2005 01:43 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.029 S19APPT1 hmoore on PRODPC68 with HMSENATE S4764 CONGRESSIONAL RECORD — SENATE April 19, 2007 EXHIBIT 4 well known landscapes, like the Grand Americans understand the need for NATIONAL PARKS Staircase Escalante National Monu- wise and balanced stewardship of these CONSERVATION ASSOCIATION, ment, as well as lesser known areas wild landscapes. Unfortunately, the Washington, DC, April 18, 2007. just outside Zion National Park, Administration has proposed little or Hon. LAMAR ALEXANDER, Canyonlands National Park, and Arch- no serious protections for Utah’s most U.S. Senate, es National Park. Together this wild majestic places. Instead, the BLM ap- Washington, DC. landscape offers spectacular vistas of DEAR SENATOR ALEXANDER: On behalf of pears to lack a solid conservation ethic the National Parks Conservation Associa- rare rock formations, canyons and and routinely favors development and tion, we strongly commend you for intro- desert lands, important archaeological consumptive uses of our wild public ducing the Clean Air/Climate Change Act of sites, and habitat for rare plant and land. In just the last four years, the 2007, a bill designed to provide healthier air animal species. BLM has leased for oil and gas develop- to millions of Americans, help restore clear I have visited many of the areas this ment over 125,000 acres of land that skies to our national parks, and take impor- Act would designate as wilderness. I would have been designated for wilder- tant steps toward addressing global warm- can tell you that the natural beauty of ness in America’s Red Rock Wilderness ing. these truly unique landscapes is a com- As I know you are well aware, coal-fired Act. power plants are a leading source of the pol- pelling reason for Congress to grant This legislation represents a realistic lutants that cause asthma attacks and res- these lands wilderness protection. I balance between our need to protect piratory disease in humans, habitat damage have the honor of introducing legisla- our natural heritage and our demand and hazy skies in our parks, and mercury- tion first introduced by my friend and for energy. While wilderness designa- laden fish in our rivers and lakes. They are former colleague in the House of Rep- tion has been portrayed as a barrier to also the main industrial source of the pollu- resentatives, Wayne Owens. As the rep- energy independence, it is important to tion that causes global warming. Tech- resentative for much of Utah’s Red note that within the entire 9.4 million nologies are readily available that can allow Rock country, Representative Owens these plants to operate much more cleanly. acres of America’s Red Rock Wilder- The Clean Air/Climate Change Act would pioneered the Congressional effort to ness Act the amount of ‘‘technically employ flexible market mechanisms and ade- protect Utah wilderness. He did this recoverable’’ undiscovered natural gas quate lead-time so these technologies can be with broad public support, which still and oil resources amounts to less than affordably applied at these plants to help re- exists not only in Utah, but in all cor- four days of oil and four weeks of nat- store air quality and diminish the causes of ners of our Nation. ural gas at current consumption levels. global warming. Starting with the coal-fired The wilderness designated in this bill America’s Red Rock Wilderness Act power plants, which are the worst offenders, was chosen based on more than twenty is a lasting gift to the American public. before proceeding to address other polluters years of meticulous research and sur- makes strategic and economic sense. By protecting this serene yet wild land Taken together, the provisions in the veying. Volunteers have taken inven- we are giving future generations the Clean Air/Climate Change Act provide a tories of thousands of square miles of opportunity to enjoy the same comprehensive and balanced solution to the BLM land in Utah to help determine untrammeled landscape that so many problem of coal-fired power plant pollution. which lands should be protected. These now cherish. The National Parks Conservation Associa- volunteers provided extensive docu- I’d like to thank my colleagues who tion is pleased to support the Clean Air/Cli- mentation to ensure that these areas are original cosponsors of this meas- mate Change Act of 2007. From all of us, meet Federal wilderness criteria. The ure, many of whom have supported the thank you for your strong leadership on this BLM also completed a reinventory of bill since it was first introduced. Origi- incredibly important subject. Sincerely, approximately six million acres of Fed- nal cosponsors are Senators KERRY, THOMAS C. KIERNAN, eral land in the same area in 1999. FEINGOLD, CANTWELL, MENENDEZ, President. While only six million acres of the CARDIN, REED, HARKIN, KENNEDY, BAYH, total 9.4 million acres were inventoried LIEBERMAN, STABENOW, SCHUMER, LAU- By Mr. DURBIN (for himself, Mr. by the BLM, the results provide a con- TENBERG, BOXER, WHITEHOUSE, BROWN KERRY, Mr. FEINGOLD, Ms. vincing confirmation that the areas and CLINTON. Additionally, I would like CANTWELL, Mr. MENENDEZ, Mr. designated for protection under this to thank The Utah Wilderness Coali- CARDIN, Mr. REED, Mr. HARKIN, bill meet Federal wilderness criteria. tion, which includes The Wilderness Mr. KENNEDY, Mr. BAYH, Mr. For more than 20 years, Utah con- Society and Sierra Club; The Southern LIEBERMAN, Ms. STABENOW, Mr. servationists have been working to add Utah Wilderness Alliance; and all of SCHUMER, Mr. LAUTENBERG, the last great blocks of undeveloped the other national, regional and local, Mrs. BOXER, Mr. WHITEHOUSE, BLM-administered land in Utah to the hard-working groups who, for years, Mr. BROWN, Mrs. CLINTON, and National Wilderness Preservation Sys- have championed this legislation. Mr. LEAHY): tem. The lands proposed for protection Theodore Roosevelt once stated: S. 1170. A bill to designate as wilder- surround and connect eight of Utah’s ‘‘The Nation behaves well if it treats ness certain Federal portions of the red nine national park, monument and the natural resources as assets which it rock canyons of the Colorado Plateau recreation areas. These proposed BLM must turn over to the next generation and the Basin and Range Deserts in the wilderness areas easily equal their increased and not impaired in value.’’ State of Utah for the benefit of present neighboring national parklands in sce- Enactment of this legislation will and future generations of people in the nic beauty, opportunities for recre- help us realize Roosevelt’s vision. To United States; to the Committee on ation, and ecological importance. Yet, protect these precious resources in Energy and Natural Resources. unlike the parks, most of these scenic Utah for future generations, I urge my Mr. DURBIN. Mr. President, I rise treasures lack any form of long-term colleagues to support America’s Red today to introduce America’s Red Rock protection. Rock Wilderness Act. Wilderness Act of 2007. This legislation Today, the BLM is in the process of I ask unanimous consent that the continues our Nation’s commitment to making critical decisions about the fu- text of the bill be printed in the preserve our natural heritage. Preser- ture stewardship and use of nearly six RECORD. vation of our Nation’s vital natural re- million acres of wild lands that my leg- There being no objection, the text of sources will be one of our most impor- islation would protect. The BLM will the bill was ordered to be printed in tant legacies. decide which areas should be preserved the RECORD, as follows: America’s Red Rock Wilderness Act or developed and whether they will be S. 1170 will designate as wilderness some of left roadless or have roads cut through Be it enacted by the Senate and House of Rep- our Nation’s most remarkable, but cur- them. It also will determine if these resentatives of the United States of America in rently unprotected public lands. Bu- wild lands will be open to off-road vehi- Congress assembled, reau of Land Management (BLM) lands cles or exploited for mineral mining SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as in Utah harbor some of the largest and and oil and gas exploration. Any poli- the ‘‘America’s Red Rock Wilderness Act of most remarkable roadless desert areas cies put in place will stand for 15 to 20 2007’’. anywhere in the world. Included in the years, a timespan long enough to leave (b) TABLE OF CONTENTS.—The table of con- 9.4 million acres I seek to protect are a lasting mark on this landscape. tents of this Act is as follows:

VerDate Aug 31 2005 01:43 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.057 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4765 Sec. 1. Short title; table of contents. (9) Cricket Mountains Cluster (approxi- (3) the Zion and Mojave Desert areas dis- Sec. 2. Definitions. mately 62,000 acres). play a rich mosaic of biological, archae- TITLE I—DESIGNATION OF WILDERNESS (10) Deep Creek Mountains (approximately ological, and scenic diversity; AREAS 126,000 acres). (4) 1 of the last remaining populations of Sec. 101. Great Basin Wilderness Areas. (11) Drum Mountains (approximately 39,000 threatened desert tortoise is found within Sec. 102. Zion and Mojave Desert Wilderness acres). this region; and Areas. (12) Dugway Mountains (approximately (5) the Zion and Mojave Desert areas in Sec. 103. Grand Staircase-Escalante Wilder- 24,000 acres). Utah should be protected and managed as ness Areas. (13) Essex Canyon (approximately 1,300 wilderness areas. Sec. 104. Moab-La Sal Canyons Wilderness acres). (b) DESIGNATION.—In accordance with the Areas. (14) Fish Springs Range (approximately Wilderness Act (16 U.S.C. 1131 et seq.), the Sec. 105. Henry Mountains Wilderness Areas. 64,000 acres). following areas in the State are designated Sec. 106. Glen Canyon Wilderness Areas. (15) Granite Peak (approximately 19,000 as wilderness areas and as components of the Sec. 107. San Juan-Anasazi Wilderness acres). National Wilderness Preservation System: Areas. (16) Grassy Mountains (approximately (1) Beaver Dam Mountains (approximately Sec. 108. Canyonlands Basin Wilderness 23,000 acres). 30,000 acres). Areas. (17) Grouse Creek Mountains (approxi- (2) Beaver Dam Wash (approximately 23,000 Sec. 109. San Rafael Swell Wilderness Areas. mately 15,000 acres). acres). Sec. 110. Book Cliffs and Uinta Basin Wilder- (18) House Range (approximately 201,000 (3) Beaver Dam Wilderness Expansion (ap- ness Areas. acres). proximately 8,000 acres). TITLE II—ADMINISTRATIVE PROVISIONS (19) Keg Mountains (approximately 38,000 (4) Canaan Mountain (approximately 67,000 acres). Sec. 201. General provisions. acres). (5) Cottonwood Canyon (approximately Sec. 202. Administration. (20) Kern Mountains (approximately 15,000 Sec. 203. State school trust land within wil- acres). 12,000 acres). derness areas. (21) King Top (approximately 110,000 acres). (6) Cougar Canyon/Docs Pass (approxi- Sec. 204. Water. (22) Ledger Canyon (approximately 9,000 mately 41,000 acres). Sec. 205. Roads. acres). (7) Joshua Tree (approximately 12,000 Sec. 206. Livestock. (23) Little Goose Creek (approximately acres). Sec. 207. Fish and wildlife. 1,200 acres). (8) Mount Escalante (approximately 17,000 Sec. 208. Management of newly acquired (24) Middle/Granite Mountains (approxi- acres). land. mately 80,000 acres). (9) Parunuweap Canyon (approximately Sec. 209. Withdrawal. (25) Mountain Home Range (approximately 43,000 acres). SEC. 2. DEFINITIONS. 90,000 acres). (10) Red Butte (approximately 4,500 acres). In this Act: (26) Newfoundland Mountains (approxi- (11) Red Mountain (approximately 21,000 acres). (1) SECRETARY.—The term ‘‘Secretary’’ mately 22,000 acres). means the Secretary of the Interior, acting (27) Ochre Mountain (approximately 13,000 (12) Scarecrow Peak (approximately 16,000 through the Bureau of Land Management. acres). acres). (13) Square Top Mountain (approximately (2) STATE.—The term ‘‘State’’ means the (28) Oquirrh Mountains (approximately State of Utah. 9,000 acres). 23,000 acres). (29) Painted Rock Mountain (approxi- (14) Zion Adjacent (approximately 58,000 TITLE I—DESIGNATION OF WILDERNESS mately 26,000 acres). acres). AREAS (30) Paradise/Steamboat Mountains (ap- SEC. 103. GRAND STAIRCASE-ESCALANTE WIL- SEC. 101. GREAT BASIN WILDERNESS AREAS. proximately 144,000 acres). DERNESS AREAS. (a) FINDINGS.—Congress finds that— (31) Pilot Range (approximately 45,000 (a) GRAND STAIRCASE AREA.— (1) the Great Basin region of western Utah acres). (1) FINDINGS.—Congress finds that— is comprised of starkly beautiful mountain (32) Red Tops (approximately 28,000 acres). (A) the area known as the Grand Staircase ranges that rise as islands from the desert (33) Rockwell-Little Sahara (approxi- rises more than 6,000 feet in a series of great floor; mately 21,000 acres). cliffs and plateaus from the depths of the (2) the Wah Wah Mountains in the Great (34) San Francisco Mountains (approxi- Grand Canyon to the forested rim of Bryce Basin region are arid and austere, with mas- mately 39,000 acres). Canyon; sive cliff faces and leathery slopes speckled (35) Sand Ridge (approximately 73,000 (B) the Grand Staircase— with pin˜ on and juniper; acres). (i) spans 6 major life zones, from the lower (3) the Pilot Range and Stansbury Moun- (36) Simpson Mountains (approximately Sonoran Desert to the alpine forest; and tains in the Great Basin region are high 42,000 acres). (ii) encompasses geologic formations that enough to draw moisture from passing clouds (37) Snake Valley (approximately 100,000 display 3,000,000,000 years of Earth’s history; and support ecosystems found nowhere else acres). (C) land managed by the Secretary lines on earth; (38) Stansbury Island (approximately 10,000 the intricate canyon system of the Paria (4) from bristlecone pine, the world’s oldest acres). River and forms a vital natural corridor con- living organism, to newly-flowered mountain (39) Stansbury Mountains (approximately nection to the deserts and forests of those meadows, mountains of the Great Basin re- 24,000 acres). national parks; gion are islands of nature that— (40) Thomas Range (approximately 36,000 (D) land described in paragraph (2) (other (A) support remarkable biological diver- acres). than East of Bryce, Upper Kanab Creek, sity; and (41) Tule Valley (approximately 159,000 Moquith Mountain, Bunting Point, and (B) provide opportunities to experience the acres). Vermillion Cliffs) is located within the colossal silence of the Great Basin; and (42) Wah Wah Mountains (approximately Grand Staircase-Escalante National Monu- (5) the Great Basin region of western Utah 167,000 acres). ment; and should be protected and managed to ensure (43) Wasatch/Sevier Plateaus (approxi- (E) the Grand Staircase in Utah should be the preservation of the natural conditions of mately 29,000 acres). protected and managed as a wilderness area. the region. (44) White Rock Range (approximately (2) DESIGNATION.—In accordance with the (b) DESIGNATION.—In accordance with the 5,200 acres). Wilderness Act (16 U.S.C. 1131 et seq.), the Wilderness Act (16 U.S.C. 1131 et seq.), the SEC. 102. ZION AND MOJAVE DESERT WILDER- following areas in the State are designated following areas in the State are designated NESS AREAS. as wilderness areas and as components of the as wilderness areas and as components of the (a) FINDINGS.—Congress finds that— National Wilderness Preservation System: National Wilderness Preservation System: (1) the renowned landscape of Zion Na- (A) Bryce View (approximately 4,500 acres). (1) Antelope Range (approximately 17,000 tional Park, including soaring cliff walls, (B) Bunting Point (approximately 11,000 acres). forested plateaus, and deep narrow gorges, acres). (2) Barn Hills (approximately 20,000 acres). extends beyond the boundaries of the Park (C) Canaan Peak Slopes (approximately (3) Black Hills (approximately 9,000 acres). onto surrounding public land managed by 2,300 acres). (4) Bullgrass Knoll (approximately 15,000 the Secretary; (D) East of Bryce (approximately 750 acres). (2) from the pink sand dunes of Moquith acres). (5) Burbank Hills/Tunnel Spring (approxi- Mountain to the golden pools of Beaver Dam (E) Glass Eye Canyon (approximately 24,000 mately 92,000 acres). Wash, the Zion and Mojave Desert areas en- acres). (6) Conger Mountains (approximately 21,000 compass 3 major provinces of the Southwest (F) Ladder Canyon (approximately 14,000 acres). that include— acres). (7) Crater Bench (approximately 35,000 (A) the sculpted canyon country of the Col- (G) Moquith Mountain (approximately acres). orado Plateau; 16,000 acres). (8) Crater and Silver Island Mountains (ap- (B) the Mojave Desert; and (H) Nephi Point (approximately 14,000 proximately 121,000 acres). (C) portions of the Great Basin; acres).

VerDate Aug 31 2005 01:43 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.037 S19APPT1 hmoore on PRODPC68 with HMSENATE S4766 CONGRESSIONAL RECORD — SENATE April 19, 2007 (I) Paria-Hackberry (approximately 188,000 (C) Escalante Canyon, 1 of Utah’s most SEC. 105. HENRY MOUNTAINS WILDERNESS acres). popular natural areas, contains critical habi- AREAS. (J) Paria Wilderness Expansion (approxi- tat for deer, elk, and wild bighorn sheep that (a) FINDINGS.—Congress finds that— mately 3,300 acres). also enhances the scenic integrity of the (1) the Henry Mountain Range, the last (K) Pine Hollow (approximately 11,000 area; mountain range to be discovered and named acres). (D) each of the areas described in para- by early explorers in the contiguous United (L) Slopes of Bryce (approximately 2,600 graph (2) is located within the Grand Stair- States, still retains a wild and undiscovered acres). case-Escalante National Monument; and quality; (M) Timber Mountain (approximately (E) Escalante Canyon should be protected (2) fluted badlands that surround the 51,000 acres). and managed as a wilderness area. flanks of 11,000-foot Mounts Ellen and Pen- (N) Upper Kanab Creek (approximately (2) DESIGNATION.—In accordance with the nell contain areas of critical habitat for 49,000 acres). Wilderness Act (16 U.S.C. 1131 et seq.), the mule deer and for the largest herd of free- (O) Vermillion Cliffs (approximately 26,000 following areas in the State are designated roaming buffalo in the United States; acres). as wilderness areas and as components of the (3) despite their relative accessibility, the (P) Willis Creek (approximately 21,000 National Wilderness Preservation System: Henry Mountain Range remains 1 of the acres). (A) Brinkerhof Flats (approximately 3,000 wildest, least-known ranges in the United (b) KAIPAROWITS PLATEAU.— acres). States; and (1) FINDINGS.—Congress finds that— (B) Colt Mesa (approximately 28,000 acres). (4) the Henry Mountain range should be (A) the Kaiparowits Plateau east of the (C) Death Hollow (approximately 49,000 protected and managed to ensure the preser- Paria River is 1 of the most rugged and iso- acres). vation of the range as a wilderness area. lated wilderness regions in the United (D) Forty Mile Gulch (approximately 6,600 (b) DESIGNATION.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the States; acres). following areas in the State are designated (B) the Kaiparowits Plateau, a windswept (E) Hurricane Wash (approximately 9,000 as wilderness areas and as components of the land of harsh beauty, contains distant vistas acres). National Wilderness Preservation System. and a remarkable variety of plant and ani- (F) Lampstand (approximately 7,900 acres). (1) Bull Mountain (approximately 16,000 mal species; (G) Muley Twist Flank (approximately acres). (C) ancient forests, an abundance of big 3,600 acres). (2) Bullfrog Creek (approximately 35,000 game animals, and 22 species of raptors (H) North Escalante Canyons (approxi- acres). thrive undisturbed on the grassland mesa mately 176,000 acres). tops of the Kaiparowits Plateau; (3) Dogwater Creek (approximately 3,400 (I) Pioneer Mesa (approximately 11,000 (D) each of the areas described in para- acres). acres). graph (2) (other than Heaps Canyon, Little (4) Fremont Gorge (approximately 20,000 (J) Scorpion (approximately 53,000 acres). Valley, and Wide Hollow) is located within acres). (K) Sooner Bench (approximately 390 the Grand Staircase-Escalante National (5) Long Canyon (approximately 16,000 acres). Monument; and acres). (L) Steep Creek (approximately 35,000 (E) the Kaiparowits Plateau should be pro- (6) Mount Ellen-Blue Hills (approximately acres). tected and managed as a wilderness area. 140,000 acres). (M) Studhorse Peaks (approximately 24,000 (2) DESIGNATION.—In accordance with the (7) Mount Hillers (approximately 21,000 acres). Wilderness Act (16 U.S.C. 1131 et seq.), the acres). following areas in the State are designated SEC. 104. MOAB-LA SAL CANYONS WILDERNESS (8) Mount Pennell (approximately 147,000 as wilderness areas and as components of the AREAS. acres). National Wilderness Preservation System: (a) FINDINGS.—Congress finds that— (9) Notom Bench (approximately 6,200 (A) Andalex Not (approximately 18,000 (1) the canyons surrounding the La Sal acres). acres). Mountains and the town of Moab offer a vari- (10) Oak Creek (approximately 1,700 acres). (B) The Blues (approximately 21,000 acres). ety of extraordinary landscapes; (11) Ragged Mountain (approximately (C) Box Canyon (approximately 2,800 (2) outstanding examples of natural forma- 28,000 acres). acres). tions and landscapes in the Moab-La Sal area SEC. 106. GLEN CANYON WILDERNESS AREAS. (D) Burning Hills (approximately 80,000 include the huge sandstone fins of Behind (a) FINDINGS.—Congress finds that— acres). the Rocks, the mysterious Fisher Towers, (1) the side canyons of Glen Canyon, in- (E) Carcass Canyon (approximately 83,000 and the whitewater rapids of Westwater Can- cluding the Dirty Devil River and the Red, acres). yon; and White and Blue Canyons, contain some of the (F) The Cockscomb (approximately 11,000 (3) the Moab-La Sal area should be pro- most remote and outstanding landscapes in acres). tected and managed as a wilderness area. southern Utah; (G) Fiftymile Bench (approximately 12,000 (b) DESIGNATION.—In accordance with the (2) the Dirty Devil River, once the fortress acres). Wilderness Act (16 U.S.C. 1131 et seq.), the hideout of outlaw Butch Cassidy’s Wild (H) Fiftymile Mountain (approximately following areas in the State are designated Bunch, has sculpted a maze of slickrock can- 203,000 acres). as wilderness areas and as components of the yons through an imposing landscape of (I) Heaps Canyon (approximately 4,000 National Wilderness Preservation System: monoliths and inaccessible mesas; acres). (1) Arches Adjacent (approximately 12,000 (3) the Red and Blue Canyons contain (J) Horse Spring Canyon (approximately acres). colorful Chinle/Moenkopi badlands found no- 31,000 acres). (2) Beaver Creek (approximately 41,000 where else in the region; and (K) Kodachrome Headlands (approximately acres). (4) the canyons of Glen Canyon in the 10,000 acres). (3) Behind the Rocks and Hunters Canyon State should be protected and managed as (L) Little Valley Canyon (approximately (approximately 22,000 acres). wilderness areas. 4,000 acres). (4) Big Triangle (approximately 20,000 (b) DESIGNATION.—In accordance with the (M) Mud Spring Canyon (approximately acres). Wilderness Act (16 U.S.C. 1131 et seq.), the 65,000 acres). (5) Coyote Wash (approximately 28,000 following areas in the State are designated (N) Nipple Bench (approximately 32,000 acres). as wilderness areas and as components of the acres). (6) Dome Plateau-Professor Valley (ap- National Wilderness Preservation System: (O) Paradise Canyon-Wahweap (approxi- proximately 35,000 acres). (1) Cane Spring Desert (approximately mately 262,000 acres). (7) Fisher Towers (approximately 18,000 18,000 acres). (P) Rock Cove (approximately 16,000 acres). acres). (2) Dark Canyon (approximately 134,000 (Q) Warm Creek (approximately 23,000 (8) Goldbar Canyon (approximately 9,000 acres). acres). acres). (3) Dirty Devil (approximately 242,000 (R) Wide Hollow (approximately 6,800 (9) Granite Creek (approximately 5,000 acres). acres). acres). (4) Fiddler Butte (approximately 92,000 (c) ESCALANTE CANYONS.— (10) Mary Jane Canyon (approximately acres). (1) FINDINGS.—Congress finds that— 25,000 acres). (5) Flat Tops (approximately 30,000 acres). (A) glens and coves carved in massive sand- (11) Mill Creek (approximately 14,000 (6) Little Rockies (approximately 64,000 stone cliffs, spring-watered hanging gardens, acres). acres). and the silence of ancient Anasazi ruins are (12) Porcupine Rim and Morning Glory (ap- (7) The Needle (approximately 11,000 acres). examples of the unique features that entice proximately 20,000 acres). (8) Red Rock Plateau (approximately hikers, campers, and sightseers from around (13) Renegade Point (approximately 6,600 213,000 acres). the world to Escalante Canyon; acres). (9) White Canyon (approximately 98,000 (B) Escalante Canyon links the spruce fir (14) Westwater Canyon (approximately acres). forests of the 11,000-foot Aquarius Plateau 37,000 acres). SEC. 107. SAN JUAN-ANASAZI WILDERNESS with winding slickrock canyons that flow (15) Yellow Bird (approximately 4,200 AREAS. into Glen Canyon; acres). (a) FINDINGS.—Congress finds that—

VerDate Aug 31 2005 01:43 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.037 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4767 (1) more than 1,000 years ago, the Anasazi (5) Duma Point (approximately 14,000 (21) Wild Horse Mesa (approximately 92,000 Indian culture flourished in the slickrock acres). acres). canyons and on the pin˜ on-covered mesas of (6) Gooseneck (approximately 9,000 acres). SEC. 110. BOOK CLIFFS AND UINTA BASIN WIL- southeastern Utah; (7) Hatch Point Canyons/Lockhart Basin DERNESS AREAS. (2) evidence of the ancient presence of the (approximately 149,000 acres). (a) FINDINGS.—Congress finds that— Anasazi pervades the Cedar Mesa area of the (8) Horsethief Point (approximately 15,000 (1) the Book Cliffs and Uinta Basin wilder- San Juan-Anasazi area where cliff dwellings, acres). ness areas offer— rock art, and ceremonial kivas embellish (9) Indian Creek (approximately 28,000 (A) unique big game hunting opportunities sandstone overhangs and isolated acres). in verdant high-plateau forests; benchlands; (10) Labyrinth Canyon (approximately (B) the opportunity for float trips of sev- (3) the Cedar Mesa area is in need of pro- 150,000 acres). eral days duration down the Green River in tection from the vandalism and theft of its (11) San Rafael River (approximately Desolation Canyon; and unique cultural resources; 101,000 acres). (C) the opportunity for calm water canoe (4) the Cedar Mesa wilderness areas should (12) Shay Mountain (approximately 14,000 weekends on the White River; be created to protect both the archaeological acres). (2) the long rampart of the Book Cliffs heritage and the extraordinary wilderness, (13) Sweetwater Reef (approximately 69,000 bounds the area on the south, while seldom- scenic, and ecological values of the United acres). visited uplands, dissected by the rivers and States; and (14) Upper Horseshoe Canyon (approxi- streams, slope away to the north into the (5) the San Juan-Anasazi area should be mately 60,000 acres). Uinta Basin; protected and managed as a wilderness area SEC. 109. SAN RAFAEL SWELL WILDERNESS (3) bears, Bighorn sheep, cougars, elk, and to ensure the preservation of the unique and AREAS. mule deer flourish in the back country of the valuable resources of that area. (a) FINDINGS.—Congress finds that— Book Cliffs; and (b) DESIGNATION.—In accordance with the (1) the San Rafael Swell towers above the (4) the Book Cliffs and Uinta Basin areas Wilderness Act (16 U.S.C. 1131 et seq.), the desert like a castle, ringed by 1,000-foot ram- should be protected and managed to ensure following areas in the State are designated parts of Navajo Sandstone; the protection of the areas as wilderness. as wilderness areas and as components of the (2) the highlands of the San Rafael Swell (b) DESIGNATION.—In accordance with the National Wilderness Preservation System: have been fractured by uplift and rendered Wilderness Act (16 U.S.C. 1131 et seq.), the (1) Allen Canyon (approximately 5,900 hollow by erosion over countless millennia, following areas in the State are designated acres). leaving a tremendous basin punctuated by as wilderness areas and as components of the (2) Arch Canyon (approximately 30,000 mesas, buttes, and canyons and traversed by National Wilderness Preservation System. acres). sediment-laden desert streams; (1) Bourdette Draw (approximately 15,000 (3) Comb Ridge (approximately 15,000 (3) among other places, the San Rafael wil- acres). acres). derness offers exceptional back country op- (2) Bull Canyon (approximately 2,800 (4) East Montezuma (approximately 45,000 portunities in the colorful Wild Horse Bad- acres). acres). lands, the monoliths of North Caineville (3) Chipeta (approximately 95,000 acres). (5) Fish and Owl Creek Canyons (approxi- Mesa, the rock towers of Cliff Wash, and (4) Dead Horse Pass (approximately 8,000 mately 73,000 acres). colorful cliffs of Humbug Canyon; acres). (6) Grand Gulch (approximately 159,000 (4) the mountains within these areas are (5) Desbrough Canyon (approximately acres). among Utah’s most valuable habitat for 13,000 acres). (7) Hammond Canyon (approximately 4,400 desert bighorn sheep; and (6) Desolation Canyon (approximately acres). (5) the San Rafael Swell area should be 557,000 acres). (8) Nokai Dome (approximately 93,000 protected and managed to ensure its preser- (7) Diamond Breaks (approximately 9,000 acres). vation as a wilderness area. acres). (9) Road Canyon (approximately 63,000 (b) DESIGNATION.—In accordance with the (8) Diamond Canyon (approximately 166,000 acres). Wilderness Act (16 U.S.C. 1131 et seq.), the acres). (10) San Juan River (Sugarloaf) (approxi- following areas in the State are designated (9) Diamond Mountain (also known as mately 15,000 acres). as wilderness areas and as components of the ‘‘Wild Mountain’’) (approximately 27,000 (11) The Tabernacle (approximately 7,000 National Wilderness Preservation System: acres). acres). (1) Cedar Mountain (approximately 15,000 (10) Dinosaur Adjacent (approximately (12) Valley of the Gods (approximately acres). 10,000 acres). 21,000 acres). (2) Devils Canyon (approximately 23,000 (11) Goslin Mountain (approximately 4,900 acres). SEC. 108. CANYONLANDS BASIN WILDERNESS acres). AREAS. (3) Eagle Canyon (approximately 38,000 (12) Hideout Canyon (approximately 12,000 (a) FINDINGS.—Congress finds that— acres). acres). (1) Canyonlands National Park safeguards (4) Factory Butte (approximately 22,000 (13) Lower Bitter Creek (approximately only a small portion of the extraordinary acres). 14,000 acres). red-hued, cliff-walled canyonland region of (5) Hondu Country (approximately 20,000 (14) Lower Flaming Gorge (approximately the Colorado Plateau; acres). 21,000 acres). (2) areas near Arches National Park and (6) Jones Bench (approximately 2,800 (15) Mexico Point (approximately 15,000 Canyonlands National Park contain canyons acres). acres). with rushing perennial streams, natural (7) Limestone Cliffs (approximately 25,000 (16) Moonshine Draw (also known as ‘‘Dan- arches, bridges, and towers; acres). iels Canyon’’) (approximately 10,000 acres). (3) the gorges of the Green and Colorado (8) Lost Spring Wash (approximately 37,000 (17) Mountain Home (approximately 9,000 Rivers lie on adjacent land managed by the acres). acres). Secretary; (9) Mexican Mountain (approximately (18) O-Wi-Yu-Kuts (approximately 13,000 acres). (4) popular overlooks in Canyonlands Na- 100,000 acres). (19) Red Creek Badlands (approximately tions Park and Dead Horse Point State Park (10) Molen Reef (approximately 33,000 3,600 acres). have views directly into adjacent areas, in- acres). (20) Seep Canyon (approximately 21,000 cluding Lockhart Basin and Indian Creek; (11) Muddy Creek (approximately 240,000 acres). and acres). (21) Sunday School Canyon (approximately (5) designation of those areas as wilderness (12) Mussentuchit Badlands (approximately 18,000 acres). would ensure the protection of this erosional 25,000 acres). (22) Survey Point (approximately 8,000 masterpiece of nature and of the rich pock- (13) Pleasant Creek Bench (approximately acres). ets of wildlife found within its expanded 1,100 acres). (23) Turtle Canyon (approximately 39,000 boundaries. (14) Price River-Humbug (approximately acres). (b) DESIGNATION.—In accordance with the 120,000 acres). Wilderness Act (16 U.S.C. 1131 et seq.), the (15) Red Desert (approximately 40,000 (24) White River (approximately 24,500 following areas in the State are designated acres). acres). as wilderness areas and as components of the (16) Rock Canyon (approximately 18,000 (25) Winter Ridge (approximately 38,000 National Wilderness Preservation System: acres). acres). (1) Bridger Jack Mesa (approximately (17) San Rafael Knob (approximately 15,000 (26) Wolf Point (approximately 15,000 33,000 acres). acres). acres). (2) Butler Wash (approximately 27,000 (18) San Rafael Reef (approximately 114,000 TITLE II—ADMINISTRATIVE PROVISIONS acres). acres). SEC. 201. GENERAL PROVISIONS. (3) Dead Horse Cliffs (approximately 5,300 (19) Sids Mountain (approximately 107,000 (a) NAMES OF WILDERNESS AREAS.—Each acres). acres). wilderness area named in title I shall— (4) Demon’s Playground (approximately (20) Upper Muddy Creek (approximately (1) consist of the quantity of land ref- 3,700 acres). 19,000 acres). erenced with respect to that named area, as

VerDate Aug 31 2005 01:43 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.037 S19APPT1 hmoore on PRODPC68 with HMSENATE S4768 CONGRESSIONAL RECORD — SENATE April 19, 2007 generally depicted on the map entitled to the wilderness areas designated by this (1) the Wilderness Act (16 U.S.C. 1131 et ‘‘Utah BLM Wilderness Proposed by S. Act. seq.); and ølll¿, 110th Congress’’; and (2) NO PRECEDENT ESTABLISHED.—Nothing (2) section 101(f) of the Arizona Desert Wil- (2) be known by the name given to it in in this Act related to reserved Federal water derness Act of 1990 (Public Law 101–628; 104 title I. rights— Stat. 4469). (b) MAP AND DESCRIPTION.— (A) shall establish a precedent with regard SEC. 207. FISH AND WILDLIFE. (1) IN GENERAL.—As soon as practicable to any future designation of water rights; or Nothing in this Act affects the jurisdiction after the date of enactment of this Act, the (B) shall affect the interpretation of any of the State with respect to wildlife and fish Secretary shall file a map and a legal de- other Act or any designation made under on the public land located in the State. scription of each wilderness area designated any other Act. SEC. 208. MANAGEMENT OF NEWLY ACQUIRED by this Act with— SEC. 205. ROADS. LAND. (A) the Committee on Natural Resources of (a) SETBACKS.— Any land within the boundaries of a wil- the House of Representatives; and (1) MEASUREMENT IN GENERAL.—A setback derness area designated under this Act that (B) the Committee on Energy and Natural under this section shall be measured from is acquired by the Federal Government Resources of the Senate. the center line of the road. shall— (2) FORCE OF LAW.—A map and legal de- (2) WILDERNESS ON 1 SIDE OF ROADS.—Ex- (1) become part of the wilderness area in scription filed under paragraph (1) shall have cept as provided in subsection (b), a setback which the land is located; and the same force and effect as if included in for a road with wilderness on only 1 side (2) be managed in accordance with this Act this Act, except that the Secretary may cor- shall be set at— and other laws applicable to wilderness rect clerical and typographical errors in the (A) 300 feet from a paved Federal or State areas. map and legal description. highway; SEC. 209. WITHDRAWAL. (3) PUBLIC AVAILABILITY.—Each map and (B) 100 feet from any other paved road or Subject to valid rights existing on the date legal description filed under paragraph (1) high standard dirt or gravel road; and of enactment of this Act, the Federal land shall be filed and made available for public (C) 30 feet from any other road. referred to in title I is withdrawn from all inspection in the Office of the Director of the (3) WILDERNESS ON BOTH SIDES OF ROADS.— forms of— Bureau of Land Management. Except as provided in subsection (b), a set- (1) entry, appropriation, or disposal under SEC. 202. ADMINISTRATION. back for a road with wilderness on both sides public law; (including cherry-stems or roads separating 2 Subject to valid rights in existence on the (2) location, entry, and patent under min- wilderness units) shall be set at— date of enactment of this Act, each wilder- ing law; and (A) 200 feet from a paved Federal or State ness area designated under this Act shall be (3) disposition under all laws pertaining to highway; administered by the Secretary in accordance mineral and geothermal leasing or mineral (B) 40 feet from any other paved road or with— materials. high standard dirt or gravel road; and (1) the Federal Land Policy and Manage- Mr. FEINGOLD. Mr. President, I am ment Act of 1976 (43 U.S.C. 1701 et seq.); and (C) 10 feet from any other roads. (b) SETBACK EXCEPTIONS.— very pleased to again join with the (2) the Wilderness Act (16 U.S.C. 1131 et (1) WELL-DEFINED TOPOGRAPHICAL BAR- seq.). Senior Senator from Illinois, Mr. DUR- RIERS.—If, between the road and the bound- BIN, as an original cosponsor of legisla- SEC. 203. STATE SCHOOL TRUST LAND WITHIN ary of a setback area described in paragraph WILDERNESS AREAS. tion, America’s Red Rocks Wilderness (2) or (3) of subsection (a), there is a well-de- (a) IN GENERAL.—Subject to subsection (b), Act of 2007, to designate areas of pris- fined cliff edge, stream bank, or other topo- if State-owned land is included in an area graphical barrier, the Secretary shall use the tine Federal lands in Utah as wilder- designated by this Act as a wilderness area, barrier as the wilderness boundary. ness. the Secretary shall offer to exchange land (2) FENCES.—If, between the road and the I had an opportunity to travel twice owned by the United States in the State of boundary of a setback area specified in para- to Utah. I viewed firsthand some of the approximately equal value in accordance graph (2) or (3) of subsection (a), there is a lands that would be designated for wil- with section 603(c) of the Federal Land Pol- fence running parallel to a road, the Sec- derness under Senator DURBIN’s bill. I icy and Management Act of 1976 (43 U.S.C. retary shall use the fence as the wilderness 1782(c)) and section 5(a) of the Wilderness Act was able to view most of the proposed boundary if, in the opinion of the Secretary, wilderness areas from the air, and was (16 U.S.C. 1134(a)). doing so would result in a more manageable (b) MINERAL INTERESTS.—The Secretary able to enhance my understanding boundary. shall not transfer any mineral interests (3) DEVIATIONS FROM SETBACK AREAS.— through hikes outside of the Zion Na- under subsection (a) unless the State trans- (A) EXCLUSION OF DISTURBANCES FROM WIL- tional Park on the Dry Creek Bench fers to the Secretary any mineral interests DERNESS BOUNDARIES.—In cases where there wilderness unit contained in this pro- in land designated by this Act as a wilder- is an existing livestock development, disposal and inside the Grand Staircase- ness area. persed camping area, borrow pit, or similar Escalante National Monument to SEC. 204. WATER. disturbance within 100 feet of a road that Upper Calf Creek Falls. I also viewed (a) RESERVATION.— forms part of a wilderness boundary, the Sec- (1) WATER FOR WILDERNESS AREAS.— the lands proposed for designation in retary may delineate the boundary so as to this bill from a river trip down the Col- (A) IN GENERAL.—With respect to each wil- exclude the disturbance from the wilderness derness area designated by this Act, Con- area. orado River, and in the San Rafael gress reserves a quantity of water deter- (B) LIMITATION ON EXCLUSION OF DISTURB- Swell with members of the Emery mined by the Secretary to be sufficient for ANCES.—The Secretary shall make a bound- County government. the wilderness area. ary adjustment under subparagraph (A) only I support this legislation, for a few (B) PRIORITY DATE.—The priority date of a if the Secretary determines that doing so is reasons, but most of all because I have right reserved under subparagraph (A) shall consistent with wilderness management personally seen what is at stake, and I be the date of enactment of this Act. goals. (2) PROTECTION OF RIGHTS.—The Secretary know the marvelous resources that (C) DEVIATIONS RESTRICTED TO MINIMUM Wisconsinites and all Americans own and other officers and employees of the NECESSARY.—Any deviation under this para- United States shall take any steps necessary graph from the setbacks required under in in the Bureau of Land Management, to protect the rights reserved by paragraph paragraph (2) or (3) of subsection (a) shall be BLM, lands of southern Utah. (1)(A), including the filing of a claim for the the minimum necessary to exclude the dis- Second, I support this legislation be- quantification of the rights in any present or turbance. cause I believe it sets the broadest and future appropriate stream adjudication in (c) DELINEATION WITHIN SETBACK AREA.— boldest mark for the lands that should the courts of the State— The Secretary may delineate a wilderness be protected in southern Utah. I be- (A) in which the United States is or may be boundary at a location within a setback lieve that when the Senate considers joined; and under paragraph (2) or (3) of subsection (a) if, (B) that is conducted in accordance with as determined by the Secretary, the delinea- wilderness legislation it ought to section 208 of the Department of Justice Ap- tion would enhance wilderness management know, as a benchmark, the full meas- propriation Act, 1953 (66 Stat. 560, chapter goals. ure of those lands which are deserving 651). SEC. 206. LIVESTOCK. of wilderness protection. This bill en- (b) PRIOR RIGHTS NOT AFFECTED.—Nothing Within the wilderness areas designated compasses all the BLM lands of wilder- in this Act relinquishes or reduces any water under title I, the grazing of livestock author- ness quality in Utah. Unfortunately, rights reserved or appropriated by the ized on the date of enactment of this Act the Senate has not, as we do today, al- United States in the State on or before the shall be permitted to continue subject to date of enactment of this Act. such reasonable regulations and procedures ways had the benefit of considering (c) ADMINISTRATION.— as the Secretary considers necessary, as long wilderness designations for all of the (1) SPECIFICATION OF RIGHTS.—The Federal as the regulations and procedures are con- deserving lands in southern Utah. Dur- water rights reserved by this Act are specific sistent with— ing the 104th Congress, I joined with

VerDate Aug 31 2005 01:43 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.037 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4769 the former Senator from New Jersey, gress may express concern about cre- SECTION 1. SHORT TITLE. Mr. Bradley, in opposing that ating new wilderness in Utah, wilder- (a) SHORT TITLE.—This Act may be cited as Congress’s omnibus parks legislation. ness, as Wisconsinites know, is not cre- the ‘‘Northwestern New Mexico Rural Water It contained provisions, which were ated by legislation. Legislation to pro- Projects Act’’. (b) TABLE OF CONTENTS.—The table of con- eventually removed, that many in my tect existing wilderness ensures that tents of this Act is as follows: home State of Wisconsin believed not future generations may have an experi- Sec. 1. Short title. only designated as wilderness too little ence on public lands equal to that Sec. 2. Definitions. of the Bureau of Land Management’s which is available today. The action of Sec. 3. Compliance with environmental holding in Utah deserving of such pro- Congress to preserve wild lands by ex- laws. tection, but also substantively changed tending the protections of the Wilder- TITLE I—AMENDMENTS TO THE COLO- the protections afforded designated ness Act of 1964 will publicly codify RADO RIVER STORAGE PROJECT ACT lands under the Wilderness Act of 1964. that expectation and promise. AND PUBLIC LAW 87–483 The lands of southern Utah are very Finally, this legislation has earned Sec. 101. Amendments to the Colorado River special to the people of Wisconsin. In my support, and deserves the support Storage Project Act. writing to me over the last few years, of others in this body, because all of Sec. 102. Amendments to Public Law 87–483. my constituents have described these the acres that will be protected under Sec. 103. Effect on Federal water law. lands as places of solitude, special fam- this bill are already public lands held TITLE II—RECLAMATION WATER ily moments, and incredible beauty. In in trust by the Federal Government for SETTLEMENTS FUND December 1997, Ron Raunikar of the the people of the United States. Thus, Sec. 201. Reclamation Water Settlements Capital Times, a paper in Madison, WI, while they are physically located in Fund. wrote: Utah, their preservation is important TITLE III—NORTHWESTERN NEW MEXICO Other remaining wilderness in the U.S. is to the citizens of Wisconsin as it is for RURAL WATER SUPPLY PROJECT at first daunting, but then endearing and al- other Americans. Sec. 301. Purposes. Sec. 302. Authorization of Northwestern New ways a treasure for all Americans. The sen- I am eager to work with my col- sually sculpted slickrock of the Colorado Mexico Rural Water Supply Plateau and windswept crag lines of the league from Illinois, Mr. DURBIN, to Project. Great Basin include some of the last of our protect these lands. I commend him for Sec. 303. Delivery and use of Northwestern country’s wilderness, which is not fully pro- introducing this measure. New Mexico Rural Water Sup- tected. We must ask our elected officials to ply Project water. redress this circumstance, by enacting legis- By Mr. BINGAMAN (for himself Sec. 304. Project contracts. lation which would protect those national and Mr. DOMENICI): Sec. 305. Use of Navajo Nation Municipal lands within the boundaries of Utah. This S. 1171. A bill to amend the Colorado Pipeline. Sec. 306. Authorization of conjunctive use wilderness is a treasure we can lose only River Storage Project Act and Public once or a legacy we can be forever proud to wells. bestow to our children. Law 87–483 to authorize the construc- Sec. 307. San Juan River Navajo Irrigation tion and rehabilitation of water infra- I believe that the measure being in- Projects. structure in Northwestern New Mexico, Sec. 308. Other irrigation projects. troduced today will accomplish that to authorize the use of the reclamation Sec. 309. Authorization of appropriations. goal. The measure protects wild lands fund to fund the Reclamation Water TITLE IV—NAVAJO NATION WATER that really are not done justice by any Settlements Fund, to authorize the RIGHTS description in words. In my trip I found conveyance of certain Reclamation Sec. 401. Agreement. widely varied and distinct terrain, re- land and infrastructure, to authorize Sec. 402. Trust Fund. markable American resources of red the Commissioner of Reclamation to Sec. 403. Waivers and releases. rock cliff walls, desert, canyons and provide for the delivery of water, and SEC. 2. DEFINITIONS. gorges which encompass the canyon for other purposes; to the Committee In this Act: country of the Colorado Plateau, the on Energy and Natural Resources. (1) ACRE-FEET.—The term ‘‘acre-feet’’ Mojave Desert and portions of the means acre-feet per year. Mr. BINGAMAN. Mr. President, on Great Basin. The lands also include (2) AGREEMENT.—The term ‘‘Agreement’’ mountain ranges in western Utah, and behalf of myself and Senator DOMENICI, means the agreement among the State of stark areas like the Grand Staircase- I am pleased today to introduce a bill New Mexico, the Nation, and the United Escalante National Monument. These which attempts to promote good stew- States setting forth a stipulated and binding agreement signed by the State of New Mex- regions appeal to all types of American ardship of our limited water supplies in the San Juan River basin in New Mex- ico and the Nation on April 19, 2005. outdoor interests from hikers and (3) ANIMAS-LA PLATA PROJECT.—The term sightseers to hunters. ico. The bill is entitled the ‘‘North- western New Mexico Rural Water ‘‘Animas-La Plata Project’’ has the meaning Phil Haslanger of the Capital Times, given the term in section 3 of Public Law answered an important question I am Projects Act’’. Within its scope are a 100–585 (102 Stat. 2973), including Ridges often asked when people want to know number of provisions relating to and Basin Dam, Lake Nighthorse, the Pipeline, why a Senator from Wisconsin would amending Federal statutes that relate and any other features or modifications cosponsor legislation to protect lands to the Bureau of Reclamation and the made pursuant to the Colorado Ute Settle- ment Act Amendments of 2000 (Public Law in Utah. He wrote on September 13, 1995 use of water in the Colorado River basin. There are also new authoriza- 106–554; 114 Stat. 2763A–258). simply that ‘‘These are not scenes that (4) CITY.—The term ‘‘City’’ means the city you could see in Wisconsin. That’s part tions for the Bureau of Reclamation. Finally, there are provisions that will of Gallup, New Mexico. of what makes them special.’’ He con- (5) COMPACT.—The term ‘‘Compact’’ means tinues, and adds what I think is an resolve the Navajo Nation’s water the Upper Colorado River Basin Compact as even more important reason to act to rights claims in the San Juan River in consented to by the Act of April 6, 1949 (63 protect these lands than the land- New Mexico. This bill is critical for Stat. 31, chapter 48). scape’s uniqueness, ‘‘the fight over wil- New Mexico’s future. I look forward to (6) CONTRACT.—The term ‘‘Contract’’ working with my colleagues in the means the contract between the United derness lands in Utah is a test case of States and the Nation setting forth certain sorts. The anti-environmental factions Senate to see that it gets enacted into law. commitments, rights, and obligations of the in Congress are trying hard to remove United States and the Nation, as described in restrictions on development in some of I ask unanimous consent that the paragraph 6.0 of the Agreement. the nation’s most splendid areas.’’ text of the bill be printed in the (7) DEPLETION.—The term ‘‘depletion’’ Wisconsinites are watching this test RECORD. means the depletion of the flow of the San case closely. I believe that Wisconsin- There being no objection, the text of Juan River stream system in State of New ites view the outcome of this fight to the bill was ordered to be printed in Mexico by a particular use of water (includ- save Utah’s lands as a sign of where the the RECORD, as follows: ing any depletion incident to the use) and represents the diversion from the stream Nation is headed with respect to its S. 1171 system by the use, less return flows to the stewardship of natural resources. What Be it enacted by the Senate and House of Rep- stream system from the use. Haslanger’s Capital Times comments resentatives of the United States of America in (8) DRAFT IMPACT STATEMENT.—The term make clear is that while some in Con- Congress assembled, ‘‘Draft Impact Statement’’ means the draft

VerDate Aug 31 2005 01:43 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G19AP6.047 S19APPT1 hmoore on PRODPC68 with HMSENATE S4770 CONGRESSIONAL RECORD — SENATE April 19, 2007 environmental impact statement prepared stream adjudication that is the subject of subject to reasonable scheduling require- by the Bureau of Reclamation for the New Mexico v. United States, et al., No. 75– ments for making the release; and Project dated March 2007. 185 (11th Jud. Dist., San Juan County, New ‘‘(D) water in the top water bank be the (9) FUND.—The term ‘‘Fund’’ means the Mexico) (involving claims to waters of the first water spilled or released for flood con- Reclamation Waters Settlements Fund es- San Juan River and the tributaries of that trol purposes in anticipation of a spill, on tablished by section 201(a). river). the condition that top water bank water (10) HYDROLOGIC DETERMINATION.—The term (22) TRUST FUND.—The term ‘‘Trust Fund’’ shall not be released or included for purposes ‘‘hydrologic determination’’ means the draft means the Navajo Nation Water Resources of calculating whether a release should occur hydrologic determination entitled ‘‘Water Development Trust Fund established by sec- for purposes of satisfying releases required Availability from Navajo Reservoir and the tion 402(a). under the San Juan River Recovery Imple- Upper Colorado River Basin for Use in New SEC. 3. COMPLIANCE WITH ENVIRONMENTAL mentation Program. Mexico,’’ prepared by the Bureau of Rec- LAWS. ‘‘(e) The Secretary of the Interior may lamation pursuant to section 11 of the Act of (a) EFFECT OF EXECUTION OF AGREEMENT.— charge fees to water users that use the top June 13, 1962 (Public Law 87–483; 76 Stat. 99), The execution of the Agreement under sec- water bank in amounts sufficient to cover and dated May 2006. tion 401(a)(2) shall not constitute a major the costs incurred by the United States in (11) NATION.—The term ‘‘Nation’’ means Federal action under the National Environ- administering the water bank.’’. the Navajo Nation, a body politic and feder- mental Policy Act of 1969 (42 U.S.C. 4321 et SEC. 102. AMENDMENTS TO PUBLIC LAW 87–483. ally-recognized Indian nation as provided for seq.). (a) NAVAJO INDIAN IRRIGATION PROJECT.— in section 101(2) of the Federally Recognized (b) COMPLIANCE WITH ENVIRONMENTAL Public Law 87–483 (76 Stat. 96) is amended by Indian Tribe List of 1994 (25 U.S.C. 497a(2)), LAWS.—In carrying out this Act, the Sec- striking section 2 and inserting the fol- also known variously as the ‘‘Navajo Tribe,’’ retary shall comply with each law of the lowing: the ‘‘Navajo Tribe of Arizona, New Mexico & Federal Government relating to the protec- ‘‘SEC. 2. (a) In accordance with the Act of Utah,’’ and the ‘‘Navajo Tribe of Indians’’ tion of the environment, including— April 11, 1956 (commonly known as the ‘Colo- and other similar names, and includes all (1) the National Environmental Policy Act rado River Storage Project Act’) (43 U.S.C. bands of Navajo Indians and chapters of the of 1969 (42 U.S.C. 4321 et seq.); and 620 et seq.), the Secretary of the Interior is Navajo Nation. (2) the Endangered Species Act of 1973 (16 authorized to construct, operate, and main- (12) NAVAJO INDIAN IRRIGATION PROJECT.— U.S.C. 1531 et seq.). tain the Navajo Indian Irrigation Project to The term ‘‘Navajo Indian Irrigation Project’’ provide irrigation water to a service area of TITLE I—AMENDMENTS TO THE COLO- means the Navajo Indian irrigation project not more than 110,630 acres of land. authorized by section 2 of Public Law 87–483 RADO RIVER STORAGE PROJECT ACT ‘‘(b)(1) Subject to paragraph (2), the aver- (76 Stat. 96). AND PUBLIC LAW 87–483 age diversion by the Navajo Indian Irrigation (13) NAVAJO RESERVOIR.—The term ‘‘Navajo SEC. 101. AMENDMENTS TO THE COLORADO Project from the Navajo Reservoir over any Reservoir’’ means the reservoir created by RIVER STORAGE PROJECT ACT. consecutive 10-year period shall be the lesser the impoundment of the San Juan River at (a) PARTICIPATING PROJECTS.—Paragraph of— Navajo Dam, as authorized by the Act of (2) of the first section of the Act of April 11, ‘‘(A) 508,000 acre-feet per year; or April 11, 1956 (commonly known as the ‘‘Col- 1956 (commonly known as the ‘‘Colorado ‘‘(B) the quantity of water necessary to orado River Storage Project Act’’) (43 U.S.C. River Storage Project Act’’) (43 U.S.C. 620(2)) supply an average depletion of 270,000 acre- 620 et seq.). is amended by inserting ‘‘the Northwestern feet per year. (14) NAVAJO NATION MUNICIPAL PIPELINE.— New Mexico Rural Water Supply Project,’’ ‘‘(2) The quantity of water diverted for any The term ‘‘Navajo Nation Municipal Pipe- after ‘‘Fruitland Mesa,’’. 1 year shall not be more than 15 percent of line’’ means the pipeline used to convey the (b) NAVAJO RESERVOIR WATER BANK.—The the average diversion determined under water of the Animas-La Plata Project of the Act of April 11, 1956 (commonly known as the paragraph (1). Navajo Nation from the City of Farmington, ‘‘Colorado River Storage Project Act’’) is ‘‘(c) In addition to being used for irriga- New Mexico, to communities of the Navajo amended— tion, the water diverted by the Navajo In- Nation located in close proximity to the San (1) by redesignating section 16 (43 U.S.C. dian Irrigation Project under subsection (b) Juan River Valley in State of New Mexico 620o) as section 17; and may be used within the area served by Nav- (including the City of Shiprock), as author- (2) by inserting after section 15 (43 U.S.C. ajo Indian Irrigation Project facilities for ized by section 15(b) of the Colorado Ute In- 620n) the following: the following purposes: dian Water Rights Settlement Act of 1988 ‘‘SEC. 16. (a) The Secretary of the Interior ‘‘(1) Aquaculture purposes, including the (Public Law 100–585; 102 Stat. 2973; 114 Stat. may create and operate within the available rearing of fish in support of the San Juan 2763A–263). capacity of Navajo Reservoir a top water River Basin Recovery Implementation Pro- (15) NON-NAVAJO IRRIGATION DISTRICT.—The bank. gram authorized by Public Law 106–392 (114 term ‘‘Non-Navajo Irrigation Districts’’ ‘‘(b) Water made available for the top Stat. 1602). means— water bank in accordance with subsections ‘‘(2) Domestic, industrial, or commercial (A) the Hammond Conservancy District; (c) and (d) shall not be subject to section 11 purposes relating to agricultural production (B) the Bloomfield Irrigation District; and of Public Law 87–483 (76 Stat. 99). and processing. (C) any other community ditch organiza- ‘‘(c) The top water bank authorized under ‘‘(3) The generation of hydroelectric power tion in the San Juan River basin in State of subsection (a) shall be operated in a manner as an incident to the diversion of water by New Mexico. that— the Navajo Indian Irrigation Project for au- (16) PROJECT.—The term ‘‘Project’’ means ‘‘(1) is consistent with applicable law; and thorized purposes. the Northwestern New Mexico Rural Water ‘‘(2) does not impair the ability of the Sec- ‘‘(4) The implementation of the alternate Supply Project (commonly known as the retary of the Interior to deliver water under water source provisions described in subpara- ‘‘Navajo-Gallup Pipeline Project’’) author- contracts entered into under— graph 9.2 of the agreement executed under ized under section 302(a), as substantially de- ‘‘(A) Public Law 87–483 (76 Stat. 96); and section 401(a)(2) of the Northwestern New scribed as the preferred alternative in the ‘‘(B) New Mexico State Engineer File Nos. Mexico Rural Water Projects Act. Draft Impact Statement. 2847, 2848, 2849, and 2917. ‘‘(d) The Navajo Indian Irrigation Project (17) PROJECT PARTICIPANTS.—The term ‘‘(d)(1) The Secretary of the Interior, in co- water diverted under subsection (b) may be ‘‘Project Participants’’ means the City, the operation with the State of New Mexico (act- transferred to areas located within or out- Nation, and the Jicarilla Apache Nation. ing through the Interstate Stream Commis- side the area served by Navajo Indian Irriga- (18) RESOLUTION.—The term ‘‘Resolution’’ sion), shall develop any terms and proce- tion Project facilities, and within or outside means the Resolution of the Upper Colorado dures for the storage, accounting, and re- the boundaries of the Navajo Nation, for any River Commission entitled ‘‘Use and Ac- lease of water in the top water bank that are beneficial use in accordance with— counting of Upper Basin Water Supplied to necessary to comply with subsection (c). ‘‘(1) the agreement executed under section the Lower Basin in New Mexico by the Pro- ‘‘(2) The terms and procedures developed 401(a)(2) of the Northwestern New Mexico posed Project’’ and dated June 17, 2003. under paragraph (1) shall include provisions Rural Water Projects Act; (19) SAN JUAN RIVER RECOVERY IMPLEMENTA- requiring that— ‘‘(2) the contract executed under section TION PROGRAM.—The term ‘‘San Juan River ‘‘(A) the storage of banked water shall be 304(a)(2)(B) of the Northwestern New Mexico Recovery Implementation Program’’ means subject to approval under State law by the Rural Water Projects Act; and the intergovernmental program established New Mexico State Engineer to ensure that ‘‘(3) any other applicable law. pursuant to the cooperative agreement dated impairment of any existing water right does ‘‘(e)(1) The Secretary may use the capacity October 21, 1992 (including any amendments not occur, including storage of water under of the Navajo Indian Irrigation Project to the program). New Mexico State Engineer File No. 2849; works to convey water supplies for— (20) SECRETARY.—The term ‘‘Secretary’’ ‘‘(B) water in the top water bank be sub- ‘‘(A) the Northwestern New Mexico Rural means the Secretary of the Interior, acting ject to evaporation and other losses during Water Supply Project under section 302 of through the Commissioner of Reclamation or storage; the Northwestern New Mexico Rural Water any other designee. ‘‘(C) water in the top water bank be re- Projects Act; or (21) STREAM ADJUDICATION.—The term leased for delivery to the owner or assigns of ‘‘(B) other nonirrigation purposes author- ‘‘stream adjudication’’ means the general the banked water on request of the owner, ized under subsection (c) or (d).

VerDate Aug 31 2005 01:43 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.044 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4771 ‘‘(2) The Secretary shall not reallocate, or retary shall not deliver, and contractors of fund established by the first section of the require repayment of, construction costs of the water supply shall not divert, any of the Act of June 17, 1902 (32 Stat. 388, chapter the Navajo Indian Irrigation Project because water supply for placement into aquifer stor- 1093). of the conveyance of water supplies under age for future recovery and use. (2) AVAILABILITY OF AMOUNTS.—Amounts paragraph (1).’’. ‘‘(3) To determine the occurrence and deposited in the Fund under paragraph (1) (b) RUNOFF ABOVE NAVAJO DAM.—Section amount of any shortage to contracts entered shall be made available pursuant to this sec- 11 of Public Law 87–483 (76 Stat. 100) is into under this section, the Secretary shall tion— amended by adding at the end the following: not include as available storage any water (A) without further appropriation; and ‘‘(d)(1) For purposes of implementing in a stored in a top water bank in Navajo Res- (B) in addition to amounts appropriated year of prospective shortage the water allo- ervoir established under section 16(a) of the pursuant to any authorization contained in cation procedures established by subsection Act of April 11, 1956 (commonly known as the any other provision of law. (a), the Secretary of the Interior shall deter- ‘Colorado River Storage Project Act’). (c) EXPENDITURES FROM FUND.— mine the quantity of any shortages and the ‘‘(f) The Secretary of the Interior shall (1) IN GENERAL.—For each of fiscal years appropriate apportionment of water using apply the sharing and apportionment of 2018 through 2030, on request by the Sec- the normal diversion requirements on the water determined under subsections (a), (d), retary pursuant to paragraphs (2) and (3), the flow of the San Juan River originating above and (e) on an annual volume basis. Secretary of the Treasury shall transfer Navajo Dam based on the following criteria: ‘‘(g) The Secretary of the Interior may re- from the Fund to the Secretary an amount ‘‘(A) The quantity of diversion or water devise a determination of shortages, apportion- not to exceed $100,000,000 for the fiscal year livery for the current year anticipated to be ments, or allocations of water under sub- requested. necessary to irrigate land in accordance with sections (a), (d), and (e) on the basis of infor- (2) REQUESTS.—The Secretary may request cropping plans prepared by contractors. mation relating to water supply conditions a transfer from the Fund to implement a set- ‘‘(B) The annual diversion or water deliv- that was not available at the time at which tlement agreement approved by Congress ery demands for the current year anticipated the determination was made. that resolves, in whole or in part, litigation for non-irrigation uses under water delivery ‘‘(h) Nothing in this section prohibits the involving the United States or any other contracts, including the demand for delivery Secretary from reallocating water for any agreement approved by Congress that is en- for uses in the State of Arizona under the year, including a year in which a shortage is tered into by the Secretary, if the settle- Northwestern New Mexico Rural Water Sup- determined under subsection (a), in accord- ment or other agreement requires the Bu- ply Project authorized by section 302(a) of ance with cooperative water agreements be- reau of Reclamation to plan, design, and con- the Northwestern New Mexico Rural Water tween water users providing for a sharing of struct— Projects Act, but excluding any current de- water supplies. (A) water supply infrastructure; or mand for surface water for placement into ‘‘(i) Any water available for diversion (B) a project— aquifer storage for future recovery and use. under New Mexico State Engineer File No. (i) to rehabilitate a water delivery system ‘‘(C) An annual normal diversion demand 3215 shall be distributed, to the maximum ex- to conserve water; or of 135,000 acre-feet for the initial stage of the tent practicable, in proportionate amounts (ii) to restore fish and wildlife habitat or San Juan-Chama Project authorized by sec- to the diversion demands of all contractors otherwise improve environmental conditions tion 8. and subcontractors of the Navajo Reservoir associated with or affected by a reclamation ‘‘(2) The Secretary shall not include in the water supply that are diverting water below normal diversion requirements— project that is in existence on the date of en- Navajo Dam.’’. actment of this Act. ‘‘(A) the quantity of water that reliably SEC. 103. EFFECT ON FEDERAL WATER LAW. can be anticipated to be diverted or delivered (3) USE FOR COMPLETION OF PROJECT.— Unless expressly provided in this Act, (A) PRIORITIES.— under a contract from inflows to the San nothing in this Act modifies, conflicts with, Juan River arising below Navajo Dam under (i) FIRST PRIORITY.—The first priority for preempts, or otherwise affects— expenditure of amounts in the Fund shall be New Mexico State Engineer File No. 3215; or (1) the Boulder Canyon Project Act (43 ‘‘(B) the quantity of water anticipated to for the purposes described in subparagraph U.S.C. 617 et seq.); (B). be supplied through reuse. (2) the Boulder Canyon Project Adjustment ‘‘(3) If the State of New Mexico determines (ii) OTHER PURPOSES.—Any amounts in the Act (54 Stat. 774, chapter 643); that water uses under Navajo Reservoir Fund that are not needed for the purposes (3) the Act of April 11, 1956 (commonly water supply contracts or diversions by the described in subparagraph (B) may be used known as the ‘‘Colorado River Storage San Juan-Chama Project need to be reduced for other purposes authorized in paragraph Project Act’’) (43 U.S.C. 620 et seq.); in any 1 year for the State to comply with (2). (4) the Act of September 30, 1968 (com- the Upper Colorado River Basin Compact, as (B) COMPLETION OF PROJECT.—Effective be- monly known as the ‘‘Colorado River Basin consented to by the Act of April 6, 1949 (63 ginning January 1, 2018, if, in the judgment Project Act’’) (82 Stat. 885); Stat. 31, chapter 48), the Secretary shall re- of the Secretary, the deadline described in (5) Public Law 87–483 (76 Stat. 96); duce the normal diversion requirements for section 401(f)(1)(A)(ix) is unlikely to be met (6) the Treaty between the United States of the year to reflect the water use or diversion because a sufficient amount of funding is not America and Mexico representing utilization limitations imposed by the State of New otherwise available through appropriations of waters of the Colorado and Tijuana Rivers Mexico. made available pursuant to section 309(a), and of the Rio Grande, signed at Washington ‘‘(e)(1) If the Secretary determines that the Secretary shall request the Secretary of February 3, 1944 (59 Stat. 1219); there is a shortage of water under subsection the Treasury to transfer from the Fund to (7) the Colorado River Compact of 1922, as (a), the Secretary shall allocate the shortage the Secretary such amounts on an annual approved by the Presidential Proclamation to the demands on the Navajo Reservoir basis pursuant to paragraph (1), not to ex- of June 25, 1929 (46 Stat. 3000); water supply in the following order of pri- ceed a total of $500,000,000, as are necessary (8) the Compact; ority: to pay the Federal share of the costs, and (9) the Act of April 6, 1949 (63 Stat. 31, ‘‘(A) The demand for delivery for uses in substantially complete as expeditiously as chapter 48); the State of Arizona under the Northwestern practicable, the construction of the water (10) the Jicarilla Apache Tribe Water New Mexico Rural Water Supply Project au- supply infrastructure authorized as part of Rights Settlement Act (106 Stat. 2237); or thorized by section 303 of the Northwestern the Project. (11) section 205 of the Energy and Water New Mexico Rural Water Projects Act, ex- (C) PROHIBITED USE OF FUND.—The Sec- Development Appropriations Act, 2005 (118 cluding the quantity of water anticipated to retary shall not use any amount transferred Stat. 2949). be diverted for the uses from inflows to the from the Fund under subparagraph (A) to San Juan River that arise below Navajo Dam TITLE II—RECLAMATION WATER carry out any other feature or activity de- in accordance with New Mexico State Engi- SETTLEMENTS FUND scribed in title IV other than a feature or ac- neer File No. 3215. SEC. 201. RECLAMATION WATER SETTLEMENTS tivity relating to the construction of the ‘‘(B) The demand for delivery for uses allo- FUND. water supply infrastructure authorized as cated under paragraph 8.2 of the agreement (a) ESTABLISHMENT.—There is established part of the Project. executed under section 401(a)(2) of the North- in the Treasury of the United States a fund, (d) INVESTMENT OF AMOUNTS.— western New Mexico Rural Water Projects to be known as the ‘‘Reclamation Water Set- (1) IN GENERAL.—The Secretary of the Act, excluding the quantity of water antici- tlements Fund’’, consisting of— Treasury shall invest such portion of the pated to be diverted for such uses under (1) such amounts as are deposited to the Fund as is not, in the judgment of the Sec- State Engineer File No. 3215. Fund under subsection (b); and retary of the Treasury, required to meet cur- ‘‘(C) The uses in the State of New Mexico (2) any interest earned on investment of rent withdrawals. that are determined under subsection (d), in amounts in the Fund under subsection (d). (2) INTEREST-BEARING OBLIGATIONS.—Invest- accordance with the procedure for appor- (b) DEPOSITS TO FUND.— ments may be made only in interest-bearing tioning the water supply under subsection (1) IN GENERAL.—For each of fiscal years obligations of the United States. (a). 2018 through 2028, the Secretary of the Treas- (3) ACQUISITION OF OBLIGATIONS.—For the ‘‘(2) For any year for which the Secretary ury shall deposit in the Fund, if available, purpose of investments under paragraph (1), determines and allocates a shortage in the $100,000,000 of the revenues that would other- obligations may be acquired— Navajo Reservoir water supply, the Sec- wise be deposited for the fiscal year in the (A) on original issue at the issue price; or

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(B) by purchase of outstanding obligations (c) ACQUISITION OF LAND.— (II) be responsible for— at the market price. (1) IN GENERAL.—Except as provided in (aa) the operation, maintenance, and re- (4) SALE OF OBLIGATIONS.—Any obligation paragraph (2), the Secretary may acquire placement of each Project facility; and acquired by the Fund may be sold by the any land or interest in land that is necessary (bb) the accounting and management of Secretary of the Treasury at the market to construct, operate, and maintain the water conveyance and Project finances, as price. Project facilities authorized under sub- necessary to administer and fulfill the condi- (5) CREDITS TO FUND.—The interest on, and section (b). tions of the Contract executed under section the proceeds from the sale or redemption of, (2) LIMITATION.—The Secretary may not 304(a)(2)(B). any obligations held in the Fund shall be condemn water rights for purposes of the (2) CONVEYANCE TO THE CITY OF GALLUP OR credited to, and form a part of, the Fund. Project. NAVAJO NATION.—In conveying a Project fa- (e) TRANSFERS OF AMOUNTS.— (d) CONDITIONS.— cility under this subsection, the Secretary (1) IN GENERAL.—The amounts required to (1) IN GENERAL.—The Secretary shall not shall convey to— be transferred to the Fund under this section commence construction of the facilities au- (A) the City the facilities and any land or shall be transferred at least monthly from thorized under subsection (b) until such time interest in land acquired by the United the general fund of the Treasury to the Fund as— States for the construction, operation, and on the basis of estimates made by the Sec- (A) the Secretary executes the Agreement maintenance of the Project that are located retary of the Treasury. and the Contract; within the corporate boundaries of the City; (2) ADJUSTMENTS.—Proper adjustment shall (B) the contracts authorized under section and be made in amounts subsequently trans- 304 are executed; (B) the Nation the facilities and any land ferred to the extent prior estimates were in (C) the Secretary— or interests in land acquired by the United excess of or less than the amounts required (i) completes an environmental impact States for the construction, operation, and to be transferred. statement for the Project; and maintenance of the Project that are located (f) TERMINATION.—On September 30, 2030— (ii) has issued a record of decision that pro- outside the corporate boundaries of the City. (1) the Fund shall terminate; and vides for a preferred alternative; and (3) EFFECT OF CONVEYANCE.—The convey- (2) the unexpended and unobligated balance (D) the State of New Mexico has made ar- ance of each Project facility shall not affect of the Fund shall be transferred to the gen- rangements with the Secretary to contribute the application of the Endangered Species eral fund of the Treasury. $25,000,000 toward the construction costs of Act of 1973 (16 U.S.C. 1531 et seq.) relating to TITLE III—NORTHWESTERN NEW MEXICO the Project. the use of the water associated with the RURAL WATER SUPPLY PROJECT (2) COST SHARING.—State contributions re- Project. SEC. 301. PURPOSES. quired under paragraph (1)(D) shall be in ad- (4) NOTICE OF PROPOSED CONVEYANCE.—Not The purposes of this subtitle are— dition to amounts that the State of New later than 45 days before the date of a pro- (1) to authorize the Secretary to construct Mexico contributes for the planning and con- posed conveyance of any Project facility, the the Northwestern New Mexico Rural Water struction of regional facilities to distribute Secretary shall submit to the Committee on Supply Project; Project water to the City and surrounding Resources of the House of Representatives (2) to allocate the water supply for the Nation communities before the date on and to the Committee on Energy and Nat- Project among the Nation, the city of Gal- which the City executes a repayment con- ural Resources of the Senate notice of the lup, New Mexico, and the Jicarilla Apache tract under section 304(b). conveyance of each Project facility. Nation; and (3) EFFECT.—The design and construction (g) COLORADO RIVER STORAGE PROJECT (3) to authorize the Secretary to enter into of the Project shall not be subject to the In- POWER.—The conveyance of Project facilities Project repayment contracts with the city of dian Self-Determination and Education As- under subsection (f) shall not affect the Gallup and the Jicarilla Apache Nation. sistance Act (25 U.S.C. 450 et seq.). availability of Colorado River Storage (e) POWER ISSUES.— SEC. 302. AUTHORIZATION OF NORTHWESTERN Project power to the Project under sub- ESERVATION NEW MEXICO RURAL WATER SUPPLY (1) R .—The Secretary shall re- section (e). PROJECT. serve, from existing reservations of Colorado (h) REGIONAL USE OF PROJECT FACILITIES.— (a) IN GENERAL.—The Secretary, acting River Storage Project power for Bureau of (1) IN GENERAL.—Subject to paragraph (2), through the Commissioner of Reclamation, Reclamation projects, up to 26 megawatts of Project facilities constructed under sub- is authorized to design, construct, operate, power for use by the Project. section (b) may be used to treat and convey and maintain the Project in substantial ac- (2) REALLOCATION OF COSTS.—Notwith- non-Project water or water that is not allo- cordance with the preferred alternative in standing the Act of April 11, 1956 (commonly cated by subsection 303(b) if— the Draft Impact Statement. known as the ‘‘Colorado River Storage (A) capacity is available without impairing (b) PROJECT FACILITIES.—To provide for the Project Act’’) (43 U.S.C. 620 et seq.), the Sec- any water delivery to a Project Participant; delivery of San Juan River water to Project retary shall not reallocate or reassign any and Participants, the Secretary may construct, cost associated with the Project from an en- (B) the unallocated or non-Project water operate, and maintain the Project facilities tity covered by this title to the power func- beneficiary— described in the preferred alternative in the tion. (i) has the right to use the water; Draft Impact Statement, including: (f) CONVEYANCE OF PROJECT FACILITIES.— (ii) agrees to pay the operation, mainte- (1) A pumping plant on the San Juan River (1) IN GENERAL.—The Secretary is author- nance, and replacement costs assignable to in the vicinity of Kirtland, New Mexico. ized to enter into separate agreements with the beneficiary for the use of the Project fa- (2)(A) A main pipeline from the San Juan the City and the Nation to convey each cilities; and River near Kirtland, New Mexico, to Project facility authorized under subsection (iii) agrees to pay a fee established by the Shiprock, New Mexico, and Gallup, New (b) to the City and the Nation after— Secretary to assist in the recovery of any Mexico, which follows United States High- (A) completion of construction of the capital cost relating to that use. way 491. Project; and (2) EFFECT OF PAYMENTS.—Any payments (B) Any pumping plants associated with (B) execution of a Project operations to the United States or the Nation for the the pipeline authorized under subparagraph agreement approved by the Secretary and use of unused capacity under this subsection (A). the Project Participants that sets forth— or for water under any subcontract with the (3)(A) A main pipeline from Cutter Res- (i) any terms and conditions that the Sec- Nation or the Jicarilla Apache Nation shall ervoir to Ojo Encino, New Mexico, which fol- retary determines are necessary— not alter the construction repayment re- lows United States Highway 550. (I) to ensure the continuation of the in- quirements or the operation, maintenance, (B) Any pumping plants associated with tended benefits of the Project; and and replacement payment requirements of the pipeline authorized under subparagraph (II) to fulfill the purposes of this subtitle; the Project Participants. (A). (ii) requirements acceptable to the Sec- SEC. 303. DELIVERY AND USE OF NORTH- (4)(A) Lateral pipelines from the main retary and the Project Participants for— WESTERN NEW MEXICO RURAL pipelines to Nation communities in the (I) the distribution of water under the WATER SUPPLY PROJECT WATER. States of New Mexico and Arizona. Project; and (a) USE OF PROJECT WATER.— (B) Any pumping plants associated with (II) the allocation and payment of annual (1) IN GENERAL.—In accordance with this the pipelines authorized under subparagraph operation, maintenance, and replacement Act and other applicable law, water supply (A). costs of the Project based on the propor- from the Project shall be used for municipal, (5) Any water regulation, storage or treat- tionate uses of Project facilities; and industrial, commercial, domestic, and stock ment facility, service connection to an exist- (iii) conditions and requirements accept- watering purposes. ing public water supply system, power sub- able to the Secretary and the Project Par- (2) USE ON CERTAIN LAND.— station, power distribution works, or other ticipants for operating and maintaining each (A) IN GENERAL.—Subject to subparagraph appurtenant works (including a building or Project facility on completion of the convey- (B), the Nation may use Project water allo- access road) that is related to the Project fa- ance, including the requirement that the cations on— cilities authorized by paragraphs (1) through City and the Nation shall— (i) land held by the United States in trust (4), including power transmission facilities (I) comply with— for the Nation and members of the Nation; to connect Project facilities to existing high- (aa) the Compact; and and voltage transmission facilities. (bb) other applicable law; and (ii) land held in fee by the Nation.

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(B) TRANSFER.—The Nation may transfer (c) SOURCES OF WATER.—The sources of Navajo water users in States other than the the purposes and places of use of the allo- water for the Project allocated by subsection State of New Mexico; or cated water in accordance with the Agree- (b) shall be water originating in— (2) authorizes the forbearance of water uses ment and applicable law. (1) drainage of the San Juan River above in the State of New Mexico to allow uses of (3) HYDROELECTRIC POWER.—Hydroelectric Navajo Dam, to be supplied under New Mex- water in other States other than as author- power may be generated as an incident to ico State Engineer File No. 2849; and ized under subsection (e). the delivery of Project water under para- (2) inflow to the San Juan River arising (g) CONSISTENCY WITH UPPER COLORADO graph (1). below Navajo Dam, to be supplied under New RIVER BASIN COMPACT.—In accordance with (4) STORAGE.— Mexico State Engineer File No. 3215. the Resolution and notwithstanding any (A) IN GENERAL.—Subject to subparagraph (d) CONDITIONS FOR USE IN ARIZONA.— other provision of law— (B), any water contracted for delivery under (1) REQUIREMENTS.—Project water shall not (1) water may be diverted by the Project paragraph (1) that is not needed for current be delivered for use by any community of the from the San Juan River in the State of New water demands or uses may be delivered by Nation in the State of Arizona under sub- Mexico for use in the Lower Colorado River the Project for placement in underground section (b)(2)(D) until the date on which— Basin in the State of New Mexico; and storage in the State of New Mexico for fu- (A) the Secretary determines by hydrologic (2) water diverted under paragraph (1) shall ture recovery and use. investigation that sufficient water is reason- be a part of the consumptive use apportion- (B) STATE APPROVAL.—Delivery of water ably likely to be available to supply uses ment made to the State of New Mexico by under subparagraph (A) is subject to— from water of the Colorado River system al- Article III(a) of the Compact. (i) approval by the State of New Mexico located to the State of Arizona; SEC. 304. PROJECT CONTRACTS. under applicable provisions of State law re- (B) the Secretary submits to Congress the (a) NAVAJO NATION CONTRACT.— lating to aquifer storage and recovery; and determination described in subparagraph (1) HYDROLOGIC DETERMINATION.—Congress (ii) the provisions of the Agreement and (A); recognizes that the Hydrologic Determina- this Act. (C) the Secretary determines that the uses tion satisfactory to support approval of the in the State of Arizona are within the appor- Contract has been completed. (b) PROJECT WATER AND CAPACITY ALLOCA- tionment of the water of the Colorado River (2) CONTRACT APPROVAL.— TIONS.— made to the State of Arizona through com- (A) APPROVAL.— (1) DIVERSION.—The Project shall divert pact, statute, or court decree; (i) IN GENERAL.—Except to the extent that from the Navajo Reservoir and the San Juan (D) Congress has approved a Navajo Res- any provision of the Contract conflicts with River a quantity of water that does not ex- ervoir supply contract between the Nation this Act, Congress approves, ratifies, and in- ceed the lesser of— and the United States to provide for the de- corporates by reference the Contract. (A) 37,760 acre-feet of water; or livery of Project water for the uses in Ari- (ii) AMENDMENTS.—To the extent any (B) the quantity of water necessary to sup- zona; amendment is executed to make the Con- ply a depletion from the San Juan River of (E) the Navajo Nation and the State of Ari- tract consistent with this Act, that amend- 35,890 acre-feet. zona have entered into an agreement pro- ment is authorized, ratified, and confirmed. (2) ALLOCATION.— viding for delivery of water of the Project for (B) EXECUTION OF CONTRACT.—The Sec- (A) IN GENERAL.—Water diverted under uses in Arizona; and retary, acting on behalf of the United States, paragraph (1) shall be allocated to the (F) any other determination is made as shall enter into the Contract to the extent Project Participants in accordance with sub- may be required by the Compact. that the Contract does not conflict with this paragraphs (B) through (E), other provisions (2) ACCOUNTING OF USES IN ARIZONA.—Any Act (including any amendment that is re- of this Act, and other applicable law. depletion of water from the San Juan River quired to make the Contract consistent with (B) ALLOCATION TO THE CITY OF GALLUP.— stream system in the State of New Mexico this Act). The Project shall deliver at the point of di- that results from the diversion of water by (3) NO REPAYMENT OBLIGATION.—The Nation version from the San Juan River not more the Project for uses within the State of Ari- is not obligated to repay— than 7,500 acre-feet of water for use by the zona (including depletion incidental to the (A) any share of the construction costs of City. diversion, impounding, or conveyance of the Nation relating to the Project authorized (C) ALLOCATION TO NAVAJO NATION COMMU- water in the State of New Mexico for uses in by section 302(a); or NITIES IN NEW MEXICO.—For use by the Nation the State of Arizona)— (B) any costs relating to the construction in the State of New Mexico, the Project shall (A) shall be accounted for as a part of the of the Navajo Indian Irrigation Project that deliver at the points of diversion from the Colorado River System apportionments to may otherwise be allocable to the Nation for San Juan River or at Navajo Reservoir the the State of Arizona; and use of any facility of the Navajo Indian Irri- lesser of— (B) shall not increase the total quantity of gation Project to convey water to each Nav- (i) 22,650 acre-feet of water; or water to which the State of Arizona is enti- ajo community under the Project. (ii) the quantity of water necessary to sup- tled to use under any compact, statute, or (4) OPERATION, MAINTENANCE, AND REPLACE- ply a depletion from the San Juan River of court decree. MENT OBLIGATION.—Subject to subsection (f), 20,780 acre-feet of water. (e) FORBEARANCE.— the Nation shall pay any costs relating to (D) ALLOCATION TO NAVAJO NATION COMMU- (1) IN GENERAL.—Subject to paragraphs (2) the operation, maintenance, and replace- NITIES IN ARIZONA.—In accordance with sub- and (3), during any year in which a shortage ment of each facility of the Project that are section (d), the Project may deliver at the to the normal diversion requirement for any allocable to the Nation. point of diversion from the San Juan River use relating to the Project within the State (5) LIMITATION, CANCELLATION, TERMI- not more than 6,411 acre-feet of water for use of Arizona occurs (as determined under sec- NATION, AND RESCISSION.—The Contract may by the Nation in the State of Arizona. tion 11 of Public Law 87–483 (76 Stat. 99)), the be limited by a term of years, canceled, ter- (E) ALLOCATION TO JICARILLA APACHE NA- Nation may temporarily forbear the delivery minated, or rescinded only by an Act of Con- TION.—The Project shall deliver at Navajo of the water supply of the Navajo Reservoir gress. Reservoir not more than 1,200 acre-feet of for uses in the State of New Mexico under (b) CITY OF GALLUP CONTRACT.— water for use by the Jicarilla Apache Nation the apportionments of water to the Navajo (1) CONTRACT AUTHORIZATION.—To the ex- in the southern portion of the Jicarilla Indian Irrigation Project and the normal di- tent consistent with this Act, the Secretary Apache Nation Reservation in the State of version requirements of the Project to allow is authorized to enter into a repayment con- New Mexico. an equivalent quantity of water to be deliv- tract with the City that requires the City— (3) USE IN EXCESS OF ALLOCATION QUAN- ered from the Navajo Reservoir water supply (A) to repay, within a 50-year period, the TITY.—Notwithstanding each allocation for municipal and domestic uses of the Na- share of any construction cost of the City re- quantity limit described in subparagraphs tion in the State of Arizona under the lating to the Project; and (B), (C), and (E) of paragraph (2), the Sec- Project. (B) to pay the operation, maintenance, and retary may authorize a Project Participant (2) LIMITATION OF FORBEARANCE.—The Na- replacement costs of the Project that are al- to exceed the allocation quantity limit of tion may forebear the delivery of water locable to the City. that Project Participant if— under paragraph (1) of a quantity not exceed- (2) SHARE OF CONSTRUCTION COSTS.— (A) capacity is available without impairing ing the quantity of the shortage to the nor- (A) IN GENERAL.—Subject to subparagraph any water delivery to any other Project Par- mal diversion requirement for any use relat- (B), the Secretary shall determine the share ticipant; and ing to the Project within the State of Ari- of the construction costs of the City relating (B) the Project Participant benefitting zona. to the Project, based on the ability of the from the increased allocation quantity— (3) EFFECT.—The forbearance of the deliv- City to pay the construction costs of each fa- (i) has the right to use the additional ery of water under paragraph (1) shall be sub- cility of the Project that is allocable to the water; ject to the requirements relating to account- City. (ii) agrees to pay the operation, mainte- ing and water quantity described in sub- (B) MINIMUM PERCENTAGE.—The share of nance, and replacement costs relating to the section (d)(2). the construction costs of the City shall be at additional use any Project facility; and (f) EFFECT.—Nothing in this Act— least 25 percent of the construction costs of (iii) agrees to pay a fee established by the (1) authorizes the marketing, leasing, or the Project that are allocable to the City. Secretary to assist in recovering capital transfer of the water supplies made available (3) EXCESS CONSTRUCTION COSTS.—Any con- costs relating to that additional use. to the Nation under the Contract to non- struction costs of the Project allocable to

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providing capacity to deliver water to the (4) GRANT FUNDS.—A grant from any other Juan River Basin in the State of New Mexico City that are in excess of the share of the Federal source shall not be credited toward for municipal and domestic uses. City of the construction costs of the Project, the share of the Jicarilla Apache Nation of (c) WELLS IN THE LITTLE COLORADO AND RIO as determined under paragraph (2), shall be construction costs. GRANDE BASINS.— nonreimbursable. (5) NAVAJO INDIAN IRRIGATION PROJECT (1) IN GENERAL.—In accordance with the (4) GRANT FUNDS.—A grant from any other COSTS.—The Jicarilla Apache Nation shall Project and conjunctive groundwater devel- Federal source shall not be credited toward have no obligation to repay any Navajo In- opment plan for the Nation, the Secretary the amount required to be repaid by the City dian Irrigation Project construction costs may construct or rehabilitate wells and re- under a repayment contract. that might otherwise be allocable to the lated pipeline facilities to provide capacity (5) TITLE TRANSFER.—If title is transferred Jicarilla Apache Nation for use of the Navajo for the diversion and distribution of— to the City prior to repayment under section Indian Irrigation Project facilities to convey (A) not more than 680 acre-feet of ground- 302(f), the City shall be required to provide water to the Jicarilla Apache Nation. water in the Little Colorado River Basin in assurances satisfactory to the Secretary of (6) OPERATION, MAINTENANCE AND REPLACE- the State of New Mexico; fulfillment of the remaining repayment obli- MENT OBLIGATION.—The Jicarilla Apache Na- (B) not more than 80 acre-feet of ground- gation of the City. tion shall pay the operation, maintenance, water in the Rio Grande Basin in the State (6) OPERATION, MAINTENANCE AND REPLACE- and replacement costs relating to each facil- of New Mexico; and MENT OBLIGATION.—The City shall pay the op- ity of the Project that are allocable to the (C) not more than 770 acre-feet of ground- eration, maintenance, and replacement costs Jicarilla Apache Nation. water in the Little Colorado River Basin in for each facility of the Project that is allo- (d) CAPITAL COST ALLOCATIONS.—For pur- the State of Arizona. cable to the City. poses of determining the capital repayment (2) USE.—Groundwater diverted and dis- (7) WATER DELIVERY SUBCONTRACT.— requirements of the Project Participants tributed under paragraph (1) shall be used for (A) IN GENERAL.—Except as provided in under this section, the Secretary shall re- municipal and domestic uses. subparagraph (B), the Secretary shall not view and, as appropriate, update the report (d) ACQUISITION OF LAND.— enter into a contract under paragraph (1) prepared by the Bureau of Reclamation in (1) IN GENERAL.—Except as provided in with the City until the City has secured a the Draft Impact Statement allocating cap- paragraph (2), the Secretary may acquire water supply for the portion of the Project ital construction costs for the Project. any land or interest in land that is necessary for which the City is responsible by entering (e) OPERATION, MAINTENANCE, AND RE- for the construction, operation, and mainte- into, as approved by the Secretary, a water PLACEMENT COST ALLOCATIONS.—For pur- nance of the wells and related pipeline facili- delivery subcontract for a period of not less poses of determining the operation, mainte- ties authorized under subsections (b) and (c). than 40 years beginning on the date on which nance, and replacement obligations of the (2) LIMITATION.—Nothing in this subsection the construction of any facility of the Project Participants under this section, the authorizes the Secretary to condemn water Project serving the City is completed, but Secretary shall review and, as appropriate, rights for the purposes described in para- for a period not exceeding 99 years, with— update the report prepared by the Bureau of graph (1). (i) the Nation, as authorized by the Con- Reclamation in the Draft Impact Statement (e) CONDITION.—The Secretary shall not tract; or that allocates operation, maintenance, and commence any construction activity relat- (ii) the Jicarilla Apache Nation, as author- replacement costs for the Project. ing to the wells described in subsections (b) ized by the settlement contract between the (f) TEMPORARY WAIVERS OF PAYMENTS.— and (c) until the Secretary executes the United States and the Jicarilla Apache (1) IN GENERAL.—On the date on which the Agreement. Tribe, authorized by the Jicarilla Apache Project is substantially complete and the (f) CONVEYANCE OF WELLS.— Tribe Water Rights Settlement Act (Public Nation receives a delivery of water gen- (1) IN GENERAL.—The Secretary shall enter Law 102–441; 106 Stat. 2237). erated by the Project, the Secretary may into an agreement with the Nation to convey (B) EFFECT.—Nothing in this paragraph— waive, for a period of not more than 10 years, to the Nation— (i) prevents the City from obtaining an al- the operation, maintenance, and replace- (A) any well or related pipeline facility ternate source of water for the portion of the ment costs of the Project allocable to the constructed or rehabilitated under sub- Project for which the City is responsible, Nation that the Secretary determines are in sections (a) and (b) after the wells and re- subject to approval of the Secretary and the excess of the ability of the Nation to pay. lated facilities have been completed; and State of New Mexico, acting through the (2) PAYMENT BY UNITED STATES.—Any oper- (B) any land or interest in land acquired by New Mexico Interstate Stream Commission ation, maintenance, or replacement costs the United States for the construction, oper- and the New Mexico State Engineer; or waived by the Secretary under paragraph (1) ation, and maintenance of the well or related (ii) obligates the Nation or the Jicarilla shall be paid by the United States. pipeline facility. Apache Nation to enter into a water delivery (3) EFFECT ON CONTRACTS.—Failure of the (2) OPERATION, MAINTENANCE, AND REPLACE- subcontract with the City. Secretary to waive costs under paragraph (1) MENT.—On completion of a conveyance under (c) JICARILLA APACHE NATION CONTRACT.— because of a lack of availability of Federal paragraph (1), the Nation shall assume re- (1) CONTRACT AUTHORIZATION.—To the ex- funding to pay the costs under paragraph (2) sponsibility for the operation, maintenance, tent consistent with this Act, the Secretary shall not alter the obligations of the Nation and replacement of the well or related pipe- is authorized to enter into a repayment con- or the United States under a repayment con- line facility conveyed. tract with the Jicarilla Apache Nation that tract. (3) EFFECT OF CONVEYANCE.—The convey- requires the Jicarilla Apache Nation— (4) TERMINATION OF AUTHORITY.—The au- ance to the Nation of the conjunctive use (A) to repay, within a 50-year period, the thority of the Secretary to waive costs under wells under paragraph (1) shall not affect the share of any construction cost of the paragraph (1) with respect to a Project facil- application of the Endangered Species Act of Jicarilla Apache Nation relating to the ity transferred to the Nation under section 1973 (16 U.S.C. 1531 et seq.). Project; and 302(f) shall terminate on the date on which (g) USE OF PROJECT FACILITIES.—The ca- (B) to pay the operation, maintenance, and the Project facility is transferred. pacities of the treatment facilities, main replacement costs of the Project that are al- SEC. 305. USE OF NAVAJO NATION MUNICIPAL pipelines, and lateral pipelines of the Project locable to the Jicarilla Apache Nation. PIPELINE. authorized by section 302(b) may be used to (2) SHARE OF CONSTRUCTION COSTS.— In addition to use of the Navajo Nation treat and convey groundwater to Nation (A) IN GENERAL.—Subject to subparagraph Municipal Pipeline to convey the Animas-La communities if the Nation provides for pay- (B), the Secretary shall determine the share Plata Project water of the Nation, the Na- ment of the operation, maintenance, and re- of the Jicarilla Apache Nation of the con- tion may use the Navajo Nation Municipal placement costs associated with the use of struction costs of the Project, based on the Pipeline to convey water for other purposes the facilities or pipelines. ability of the Jicarilla Apache Nation to pay (including purposes relating to the Project). (h) LIMITATIONS.—The diversion and use of the construction costs of the Project facili- SEC. 306. AUTHORIZATION OF CONJUNCTIVE USE groundwater by wells constructed or reha- ties that are allocable to the Jicarilla WELLS. bilitated under this section shall be made in Apache Nation. (a) CONJUNCTIVE GROUNDWATER DEVELOP- a manner consistent with applicable Federal (B) MINIMUM PERCENTAGE.—The share of MENT PLAN.—Not later than 1 year after the and State law. the Jicarilla Apache Nation under subpara- date of enactment of this Act, the Nation, in SEC. 307. SAN JUAN RIVER NAVAJO IRRIGATION graph (A) shall be at least 25 percent of the consultation with the Secretary, shall com- PROJECTS. construction costs of the Project that are al- plete a conjunctive groundwater develop- (a) REHABILITATION.—Subject to subsection locable to the Jicarilla Apache Nation. ment plan for the wells described in sub- (b), the Secretary shall rehabilitate— (3) EXCESS CONSTRUCTION COSTS.—Any con- sections (b) and (c). (1) the Fruitland-Cambridge Irrigation struction costs of the Project allocable to (b) WELLS IN THE SAN JUAN RIVER BASIN.— Project to serve not more than 3,335 acres of providing capacity to deliver water to the In accordance with the conjunctive ground- land, which shall be considered to be the Jicarilla Apache Nation that are in excess of water development plan, the Secretary may total serviceable area of the Project; and the share of the Jicarilla Apache Nation of construct or rehabilitate wells and related (2) the Hogback-Cudei Irrigation Project to the construction costs of the Project, as de- pipeline facilities to provide capacity for the serve not more than 8,830 acres of land, termined under paragraph (2), shall be non- diversion and distribution of not more than which shall be considered to be the total reimbursable. 1,670 acre-feet of groundwater in the San serviceable area of the Project.

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(b) CONDITION.—The Secretary shall not (3) ADJUSTMENTS.—The amount under para- (B) any amendments to the Agreement commence any construction activity relat- graph (1) shall be adjusted by such amounts necessary to make the Agreement consistent ing to the rehabilitation of the Fruitland- as may be required by reason of changes with this Act. Cambridge Irrigation Project or the Hog- since 2004 in construction costs, as indicated (3) AUTHORITY OF SECRETARY.—The Sec- back-Cudei Irrigation Project under sub- by engineering cost indices applicable to the retary may carry out any action that the section (a) until the Secretary executes the types of construction or rehabilitation in- Secretary determines is necessary or appro- Agreement. volved. priate to implement the Agreement, the (c) OPERATION, MAINTENANCE, AND RE- (4) NONREIMBURSABLE EXPENDITURES.— Contract, and this section. PLACEMENT OBLIGATION.—Upon the date of Amounts made available under paragraphs (4) ADMINISTRATION OF NAVAJO RESERVOIR completion of the rehabilitation, the Nation (1) and (2) shall be nonreimbursable to the RELEASES.—The State of New Mexico may shall assume the obligations for the oper- United States. administer releases of stored water from ation, maintenance, and replacement of each (5) USE.—In addition to the uses authorized Navajo Reservoir in accordance with sub- facility rehabilitated under this section. under paragraphs (1) and (2), amounts made paragraph 9.1 of the Agreement. SEC. 308. OTHER IRRIGATION PROJECTS. available under that paragraph may be used (b) WATER AVAILABLE UNDER CONTRACT.— (1) QUANTITIES OF WATER AVAILABLE.— (a) IN GENERAL.—Not later than 2 years for the conduct of related activities to com- after the date of enactment of this Act, the ply with Federal environmental laws. (A) IN GENERAL.—Water shall be made Secretary, in consultation with the State of (c) SAN JUAN RIVER IRRIGATION PROJECTS.— available annually under the Contract for projects in the State of New Mexico supplied New Mexico (acting through the Interstate (1) IN GENERAL.—There are authorized to be from the Navajo Reservoir and the San Juan Stream Commission) and the Non-Navajo Ir- appropriated to the Secretary— River (including tributaries of the River) rigation Districts that elect to participate, (A) to carry out section 307(a)(1), not more under New Mexico State Engineer File Num- shall— than $7,700,000, as adjusted under paragraph bers 2849, 2883, and 3215 in the quantities de- (1) conduct a study of Non-Navajo Irriga- (2), for the period of fiscal years 2008 through scribed in subparagraph (B). tion District diversion and ditch facilities; 2014; and (B) WATER QUANTITIES.—The quantities of and (B) to carry out section 307(a)(2), not more water referred to in subparagraph (A) are as (2) based on the study, identify and than $15,400,000, as adjusted under paragraph follows: prioritize a list of projects, with associated (2), for the period of fiscal years 2008 through cost estimates, that are recommended to be 2017. Diver- Deple- implemented to repair, rehabilitate, or re- (2) ADJUSTMENT.—The amounts made available under paragraph (1) shall be adjusted by sion tion construct irrigation diversion and ditch fa- (acre- (acre- cilities to improve water use efficiency. such amounts as may be required by reason feet/year) feet/year) (b) GRANTS.—The Secretary may provide of changes since January 1, 2004, in construc- grants to, and enter into cooperative agree- tion costs, as indicated by engineering cost Navajo Indian Irriga- ments with, the Non-Navajo Irrigation Dis- indices applicable to the types of construction Project 508,000 270,000 tricts to plan, design, or otherwise imple- tion involved in the rehabilitation. Northwestern New ment the projects identified under sub- (3) NONREIMBURSABLE EXPENDITURES.— Mexico Rural Water section (a)(2). Amounts made available under this sub- Supply Project 22,650 20,780 (c) COST-SHARING.— section shall be nonreimbursable to the Animas-La Plata (1) FEDERAL SHARE.—The Federal share of United States. Project 4,680 2,340 the total cost of carrying out a project under (d) OTHER IRRIGATION PROJECTS.—There are Total 535,330 293,120 subsection (b) shall be not more than 50 per- authorized to be appropriated to the Sec- cent. retary to carry out section 308 $11,000,000 for (C) MAXIMUM QUANTITY.—A diversion of (2) FORM.—The non-Federal share required the period of fiscal years 2008 through 2017. water to the Nation under the Contract for a under paragraph (1) may be in the form of in- (e) CULTURAL RESOURCES.— project described in subparagraph (B) shall kind contributions, including the contribu- (1) IN GENERAL.—The Secretary may use not exceed the quantity of water necessary tion of any valuable asset or service that the not more than 4 percent of amounts made to supply the amount of depletion for the Secretary determines would substantially available under subsections (a) and (b) for project. the survey, recovery, protection, preserva- contribute to a project carried out under (D) TERMS, CONDITIONS, AND LIMITATIONS.— subsection (b). tion, and display of archaeological resources The diversion and use of water under the (3) STATE CONTRIBUTION.—The Secretary in the area of a Project facility or conjunc- Contract shall be subject to and consistent may accept from the State of New Mexico a tive use well. with the terms, conditions, and limitations partial or total contribution toward the non- (2) NONREIMBURSABLE EXPENDITURES.—Any of the Agreement, this Act, and any other Federal share for a project carried out under amounts made available under paragraph (1) applicable law. shall be nonreimbursable and nonreturnable subsection (b). (2) AMENDMENTS TO CONTRACT.—The Sec- SEC. 309. AUTHORIZATION OF APPROPRIATIONS. to the United States. retary, with the consent of the Nation, may (f) FISH AND WILDLIFE FACILITIES.— (a) AUTHORIZATION OF APPROPRIATIONS FOR amend the Contract if the Secretary deter- (1) IN GENERAL.—In association with the NORTHWESTERN NEW MEXICO RURAL WATER mines that the amendment is— development of the Project, the Secretary SUPPLY PROJECT.— (A) consistent with the Agreement; and may use not more than 4 percent of amounts (1) IN GENERAL.—There is authorized to be (B) in the interest of conserving water or made available under subsections (a) and (b) appropriated to the Secretary to construct facilitating beneficial use by the Nation or a to purchase land and construct and maintain the Project such sums as are necessary for subcontractor of the Nation. facilities to mitigate the loss of, and im- the period of fiscal years 2008 through 2022. (3) RIGHTS OF THE NATION.—The Nation prove conditions for the propagation of, fish (2) ADJUSTMENTS.—The amount under para- may, under the Contract— and wildlife if any such purchase, construc- graph (1) shall be adjusted by such amounts (A) use tail water, wastewater, and return tion, or maintenance will not affect the oper- as may be required by reason of changes flows attributable to a use of the water by ation of any water project or use of water. since 2005 in construction costs, as indicated the Nation or a subcontractor of the Nation (2) NONREIMBURSABLE EXPENDITURES.—Any by engineering cost indices applicable to the if— amounts expended under paragraph (1) shall types of construction involved. (i) the depletion of water does not exceed be nonreimbursable and nonreturnable to the (3) USE.—In addition to the uses authorized the quantities described in paragraph (1); and United States. under paragraph (1), amounts made available (ii) the use of tail water, wastewater, or re- under that paragraph may be used for the TITLE IV—NAVAJO NATION WATER turn flows is consistent with the terms, con- conduct of related activities to comply with RIGHTS ditions, and limitations of the Agreement, Federal environmental laws. SEC. 401. AGREEMENT. the Resolution, and any other applicable (b) APPROPRIATIONS FOR CONJUNCTIVE USE (a) AGREEMENT APPROVAL.— law; and WELLS.— (1) APPROVAL BY CONGRESS.—Except to the (B) change a point of diversion, change a (1) SAN JUAN WELLS.—There is authorized extent that any provision of the Agreement purpose or place of use, and transfer a right to be appropriated to the Secretary for the conflicts with this Act, Congress approves, for depletion under this Act (except for a construction or rehabilitation of conjunctive ratifies, and incorporates by reference the point of diversion, purpose or place of use, or use wells under section 306(b) $30,000,000, as Agreement (including any amendments to right for depletion for use in the State of Ar- adjusted under paragraph (3), for the period the Agreement that are executed to make izona under section 303(b)(2)(D)), to another of fiscal years 2008 through 2018. the Agreement consistent with this Act). use, purpose, place, or depletion in the State (2) WELLS IN THE LITTLE COLORADO AND RIO (2) EXECUTION BY SECRETARY.—The Sec- of New Mexico to meet a water resource or GRANDE BASINS.—There is authorized to be retary, acting on behalf of the United States, economic need of the Nation if— appropriated to the Secretary for the con- shall enter into the Agreement to the extent (i) the change or transfer is subject to and struction or rehabilitation of conjunctive that the Agreement does not conflict with consistent with the terms of the Agreement, use wells under section 306(c) such sums as this Act, including— the Partial Final Decree described in para- are necessary for the period of fiscal years (A) any exhibits to the Agreement requir- graph 3.0 of the Agreement, the Contract, 2008 through 2024. ing the signature of the Secretary; and and any other applicable law; and

VerDate Aug 31 2005 01:43 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.045 S19APPT1 hmoore on PRODPC68 with HMSENATE S4776 CONGRESSIONAL RECORD — SENATE April 19, 2007 (ii) a change or transfer of water use by the (ii) is not subject to the Contract. the rehabilitation construction of the Fruit- Nation does not alter any obligation of the (B) COMPLIANCE WITH OTHER LAW.—In car- land-Cambridge Irrigation Project author- United States, the Nation, or another party rying out an action under this subsection, ized under section 307(a)(1) shall be com- to pay or repay project construction, oper- the Nation shall comply with the Agree- pleted. ation, maintenance, or replacement costs ment, the Partial Final Decree described in (vi) SUPPLEMENTAL PARTIAL FINAL DE- under this Act and the Contract. paragraph 3.0 of the Agreement, the Supple- CREE.—Not later than December 31, 2015, the (c) SUBCONTRACTS.— mental Partial Final Decree described in court in the stream adjudication shall enter (1) IN GENERAL.— paragraph 4.0 of the Agreement, and any the Supplemental Partial Final Decree de- (A) SUBCONTRACTS BETWEEN NATION AND other applicable law. scribed in subparagraph 4.0 of the Agree- THIRD PARTIES.—The Nation may enter into (2) ALIENATION; MAXIMUM TERM.— ment. subcontracts for the delivery of Project (A) ALIENATION.—The Nation shall not per- (vii) HOGBACK-CUDEI IRRIGATION PROJECT.— water under the Contract to third parties for manently alienate any right granted to the Not later than December 31, 2017, the reha- any beneficial use in the State of New Mex- Nation under the Agreement. bilitation construction of the Hogback-Cudei ico (on or off land held by the United States (B) MAXIMUM TERM.—The term of any Irrigation Project authorized under section in trust for the Nation or a member of the water use lease, contract, or other arrange- 307(a)(2) shall be completed. Nation or land held in fee by the Nation). ment (including a renewal) under this sub- (viii) TRUST FUND.—Not later than Decem- (B) APPROVAL REQUIRED.—A subcontract section shall be not more than 99 years. ber 31, 2018, the United States shall make all entered into under subparagraph (A) shall (3) NONINTERCOURSE ACT COMPLIANCE.—This deposits into the Trust Fund under section not be effective until approved by the Sec- subsection— 402. retary in accordance with this subsection (A) provides congressional authorization (ix) CONJUNCTIVE WELLS.—Not later than and the Contract. for the lease, contracting, and transfer of December 31, 2018, the funds authorized to be (C) SUBMITTAL.—The Nation shall submit any water right described in paragraph appropriated under section 309(b)(1) for the to the Secretary for approval or disapproval (1)(A); and conjunctive use wells authorized under sec- any subcontract entered into under this sub- (B) is deemed to fulfill any requirement tion 306(b) should be appropriated. section. that may be imposed by the provisions of (x) NORTHWESTERN NEW MEXICO RURAL (D) DEADLINE.—The Secretary shall ap- section 2116 of the Revised Statutes (25 prove or disapprove a subcontract submitted U.S.C. 177). WATER SUPPLY PROJECT.—Not later than De- cember 31, 2022, the construction of all to the Secretary under subparagraph (C) not (4) FORFEITURE.—The nonuse of a water later than the later of— right of the Nation by a lessee or contractor Project facilities shall be completed. (i) the date that is 180 days after the date to the Nation under this subsection shall not (B) EXTENSION.—A deadline described in on which the subcontract is submitted to the result in forfeiture, abandonment, relin- subparagraph (A) may be extended if the Na- Secretary; and quishment, or other loss of any part of a tion, the United States (acting through the (ii) the date that is 60 days after the date right decreed to the Nation under the Con- Secretary), and the State of New Mexico on which a subcontractor complies with— tract or this section. (acting through the New Mexico Interstate (I) section 102(2)(C) of the National Envi- (e) HYDROGRAPHIC SURVEY.— Stream Commission) agree that an extension ronmental Policy Act of 1969 (42 U.S.C. (1) PREPARATION.—The Secretary, on behalf is reasonably necessary. 4332(2)(C)); and of the United States, shall prepare a hydro- (2) REVOCABILITY OF AGREEMENT, CONTRACT (II) any other requirement of Federal law. graphic survey under the joint supervision of AND AUTHORIZATIONS.— (E) ENFORCEMENT.—A party to a sub- the Secretary and the State of New Mexico (A) PETITION.—If the Nation determines contract may enforce the deadline described (acting through the New Mexico State Engi- that a deadline described in paragraph (1)(A) in subparagraph (D) under section 1361 of neer) to identify and quantify any historic or is not substantially met, the Nation may title 28, United States Code. existing diversion or use of water (including submit to the court in the stream adjudica- (F) COMPLIANCE WITH OTHER LAW.—A sub- from surface water and underground water tion a petition to enter an order terminating contract described in subparagraph (A) shall sources) by the Nation or a member of the the Agreement and Contract. comply with the Agreement, the Partial Nation from the San Juan River Basin in the (B) TERMINATION.—On issuance of an order Final Decree described in paragraph 3.0 of State of New Mexico, as described in sub- to terminate the Agreement and Contract the Agreement, and any other applicable paragraph 4.2 of the Agreement. under subparagraph (A)— law. (2) AUTHORIZATION OF APPROPRIATIONS.— (i) the Trust Fund shall be terminated; (2) ALIENATION.— (A) IN GENERAL.—Subject to subparagraph (ii) the balance of the Trust Fund shall be (A) PERMANENT ALIENATION.—The Nation (B), there is authorized to be appropriated to deposited in the general fund of the Treas- shall not permanently alienate any right the Bureau of Indian Affairs to carry out ury; granted to the Nation under the Contract. paragraph (1) $5,000,000 for the period of fis- (iii) the authorizations for construction (B) MAXIMUM TERM.—The term of any cal years 2008 through 2013. and rehabilitation of water projects under water use subcontract (including a renewal) (B) ADJUSTMENT.—The amounts made this Act shall be revoked and any Federal ac- under this subsection shall be not more than available under subparagraph (A) shall be ad- tivity related to that construction and reha- 99 years. justed by such amounts as are necessary to bilitation shall be suspended; and (3) NONINTERCOURSE ACT COMPLIANCE.—This account for increases in the costs of pre- (iv) this title and titles I and III shall be subsection— paring a hydrographic survey after January null and void. (A) provides congressional authorization 1, 2004, as determined using cost indices ap- (3) CONDITIONS NOT CAUSING NULLIFICATION for the subcontracting rights of the Nation; plicable to the types of technical and engi- OF SETTLEMENT.— and neering work involved in preparing the hy- (A) IN GENERAL.—If a condition described (B) is deemed to fulfill any requirement drographic survey. in subparagraph (B) occurs, the Agreement that may be imposed by section 2116 of the (C) NONREIMBURSABLE EXPENDITURES.—Any and Contract shall not be nullified or termi- Revised Statutes (25 U.S.C. 177). amounts made available under this para- nated. (4) FORFEITURE.—The nonuse of the water graph shall be nonreimbursable to the (B) CONDITIONS.—The conditions referred to supply secured by a subcontractor of the Na- United States. in subparagraph (A) are as follows: tion under this subsection shall not result in (f) NULLIFICATION.— (i) A lack of right to divert at the capac- forfeiture, abandonment, relinquishment, or (1) DEADLINES.— ities of conjunctive use wells constructed or other loss of any part of a right decreed to (A) IN GENERAL.—In carrying out this sec- rehabilitated under section 306. the Nation under the Contract or this section, the following deadlines apply with re- (ii) A failure— tion. spect to implementation of the Agreement: (I) to determine or resolve an accounting (5) NO PER CAPITA PAYMENTS.—No part of (i) AGREEMENT.—Not later than December of the use of water under this Act in the the revenue from a water use subcontract 31, 2008, the Secretary shall execute the State of Arizona; under this subsection shall be distributed to Agreement. (II) to obtain a necessary water right for any member of the Nation on a per capita (ii) CONTRACT.—Not later than December the consumptive use of water in Arizona; basis. 31, 2009, the Secretary and the Nation shall (III) to contract for the delivery of water (d) WATER LEASES NOT REQUIRING SUB- execute the Contract. for use in Arizona; or CONTRACTS.— (iii) PARTIAL FINAL DECREE.—Not later (IV) to construct and operate a lateral fa- (1) AUTHORITY OF NATION.— than December 31, 2012, the court in the cility to deliver water to a community of the (A) IN GENERAL.—The Nation may lease, stream adjudication shall have entered the Nation in Arizona, under the Project. contract, or otherwise transfer to another Partial Final Decree described in paragraph (4) RIGHTS OF THE NATION.—A tribal right party or to another purpose or place of use in 3.0 of the Agreement. under the Contract, a water right adju- the State of New Mexico (on or off land that (iv) HYDROGRAPHIC SURVEY.—Not later than dicated consistent with the Contract in the is held by the United States in trust for the December 31, 2013, the Secretary shall com- stream adjudication by the Partial Final De- Nation or a member of the Nation or held in plete the hydrographic survey described in cree described in paragraph 3.0 of the Agree- fee by the Nation) a water right that— subsection (e). ment, and any other tribal water right stipu- (i) is decreed to the Nation under the (v) FRUITLAND-CAMBRIDGE IRRIGATION lated, adjudicated, or decreed as described in Agreement; and PROJECT.—Not later than December 31, 2014, the Agreement and this Act shall be held in

VerDate Aug 31 2005 01:43 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.045 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4777 trust by the United States in perpetuity for any amounts withdrawn from the Trust gun that is made, every warship that is the benefit of the Nation. Fund by the Nation. launched, every rocket fired, signifies (g) EFFECT ON RIGHTS OF INDIAN TRIBES.— (4) EXPENDITURE PLAN.— in the final sense a theft from those (1) IN GENERAL.—Except as provided in (A) IN GENERAL.—The Nation shall submit who hunger and are not fed, those who paragraph (2), nothing in the Agreement, the to the Secretary for approval an expenditure are cold and are not clothed. This Contract, or this section quantifies or ad- plan for any portion of the amounts in the versely affects the land and water rights, or Trust Fund made available under this sec- world in armaments is not spending its claims or entitlements to water, of any In- tion that the Nation does not withdraw money alone: it is spending the sweat dian tribe or community other than the under this subsection. of its laborers, the genius of its sci- rights, claims, or entitlements of the Nation (B) DESCRIPTION.—The expenditure plan entists, the hopes of its children.’’ in, to, and from the San Juan River Basin in shall describe the manner in which, and the In as trying a time as we live in the State of New Mexico. purposes for which, funds of the Nation re- today, his statement cannot ring more (2) EXCEPTION.—The right of the Nation to maining in the Trust Fund will be used. true. We are in the middle of a war use water under water rights the Nation has (C) APPROVAL.—On receipt of an expendi- with no seeming end in sight. We have in other river basins in the State of New ture plan under subparagraph (A), the Sec- daily debates about the numbers in our Mexico shall be forborne to the extent that retary shall approve the plan if the Sec- budget. But President Eisenhower was the Nation supplies the uses for which the retary determines that the plan is reason- water rights exist by diversions of water able and consistent with this Act. right. We are not spending our money from the San Juan River Basin under the (5) ANNUAL REPORT.—The Nation shall sub- alone. Project consistent with subparagraph 9.13 of mit to the Secretary an annual report that In a Nation as rich as ours, we should the Agreement. describes any expenditures from the Trust be able to arrange our priorities to SEC. 402. TRUST FUND. Fund during the year covered by the report. meet the needs of our country, but the (a) ESTABLISHMENT.—There is established (6) LIMITATION.—No portion of the amounts unfortunate reality is that in the in the Treasury a fund to be known as the in the Trust Fund shall be distributed to any United States today, children go hun- ‘‘Navajo Nation Water Resources Develop- Nation member on a per capita basis. gry. Children count on school, not only ment Trust Fund’’, consisting of— (7) CONDITIONS.—Any amount authorized to for education but also for their meals. (1) such amounts as are appropriated to the be appropriated to the Trust Fund under sub- Seniors are forced to make a choice be- section (f) shall not be available for expendi- Trust Fund under subsection (f); and tween life-saving medicines and gro- (2) any interest earned on investment of ture or withdrawal— (A) before December 31, 2018; and ceries for their meals. Families are amounts in the Trust Fund under subsection forced to make the difficult choice be- (d). (B) until the date on which the court in the (b) USE OF FUNDS.—The Nation may use stream adjudication has entered— tween paying for food and paying for amounts in the Trust Fund— (i) the Partial Final Decree described in utilities or their rent or mortgage or (1) to investigate, construct, operate, paragraph 3.0 of the Agreement; and even their medicine or medical care. maintain, or replace water project facilities, (ii) the Supplemental Partial Final Decree This is the reality of our America. including facilities conveyed to the Nation described in paragraph 4.0 of the Agreement. As Senators, we often hear from fam- under this Act; and (f) AUTHORIZATION OF APPROPRIATIONS.— ilies that tell us the difficulty in mak- (2) to investigate, implement, or improve a There is authorized to be appropriated for ing ends meet. More and more working water conservation measure (including a me- deposit in the Trust Fund— (1) $6,000,000 for each of fiscal years 2008 families are turning to food banks, tering or monitoring activity) necessary for pantries and soup kitchens for emer- the Nation to make use of a water right of through 2012; and the Nation under the Agreement. (2) $4,000,000 for each of fiscal years 2013 gency food assistance. When examining (c) MANAGEMENT.—The Secretary shall through 2017. the actual costs of housing, food, utili- manage the Trust Fund, invest amounts in SEC. 403. WAIVERS AND RELEASES. ties and other necessities, researchers the Trust Fund, and make amounts available (a) EXECUTION.—The Nation, on behalf of have found that in most areas of the from the Trust Fund for distribution to the itself and members of the Nation (other than country, families need about 200 per- Nation in accordance with the American In- members in their capacity as allottees), and cent of the poverty level to achieve dian Trust Fund Management Reform Act of the United States, acting through the Sec- ‘‘minimal economic self-sufficiency.’’ 1994 (25 U.S.C. 4001 et seq.). retary and in its capacity as trustee for the Individuals and families are faced with Nation, shall execute waivers and releases in (d) INVESTMENT OF THE TRUST FUND.—The a cost of living that continues to rise Secretary shall invest amounts in the Trust accordance with paragraph 7.0 of the Agree- Fund in accordance with— ment. and an increasing gap between what (1) the Act of April 1, 1880 (25 U.S.C. 161); (b) RESERVATION.—Notwithstanding sub- low-wage workers earn and what is re- (2) the first section of the Act of June 24, section (a), the Nation and its members (in- quired to meet basic needs. 1938 (25 U.S.C. 162a); and cluding members in their capacity as In my State of Illinois, over 158,000 (3) the American Indian Trust Fund Man- allottees) and the United States, as trustee Illinois households experienced hunger agement Reform Act of 1994 (25 U.S.C. 4001 et for the Nation and allottees, shall retain the in 2005. If we include households that seq.). rights and claims specified in paragraph 7.0 have had to struggle to put food on the (e) CONDITIONS FOR EXPENDITURES AND of the Agreement. table or have had to skip meals to WITHDRAWALS.— (c) EFFECTIVE DATE.— (1) IN GENERAL.—The waivers and releases make sure the food would last through (1) TRIBAL MANAGEMENT PLAN.— the week—that’s 440,000 households in (A) IN GENERAL.—Subject to paragraph (7), described in subsection (a) shall be effective on approval by the Secretary of a tribal on the date on which the Secretary publishes Illinois living with food insecurity—9 management plan in accordance with the in the Federal Register a statement of find- percent of Illinois households. These American Indian Trust Fund Management ings documenting that each of the deadlines are working families who need more to Reform Act of 1994 (25 U.S.C. 4001 et seq.), the described in section 401(f)(1) have been met. lead healthy, happy lives. Nation may withdraw all or a portion of the (2) DEADLINE.—If the deadlines in section Fortunately, we have some programs amounts in the Trust Fund. 401(f)(1)(A) have not been met by the later of in existence to offer hope. Since Presi- (B) REQUIREMENTS.—In addition to any re- March 1, 2023, or the date of any extension dent Johnson started the war on pov- under section 401(f)(1)(B)— quirements under the American Indian Trust erty, we have documented that the Fund Management Reform Act of 1994 (25 (A) the waivers and releases described in subsection (a) shall be of no effect; and Federal nutrition programs work to re- U.S.C. 4001 et seq.), the tribal management duce hunger. When people are able to plan shall require that the Nation only use (B) section 401(f)(2)(B) shall apply. amounts in the Trust Fund for the purposes use Food Stamps, there are enough described in subsection (b), including the By Mr. DURBIN (for himself, Mr. groceries to last through the week. identification of water conservation meas- LUGAR, Mrs. LINCOLN, Mr. When new moms are helped by WIC, ures to be implemented in association with SMITH, Mr. OBAMA, Mr. REED, they and their babies have enough milk the agricultural water use of the Nation. Mr. WYDEN, Mr. NELSON of Flor- and eggs and fruit. When senior citi- (2) ENFORCEMENT.—The Secretary may ida, Mr. FEINGOLD, Mr. DOMEN- zens are near a Commodity Supple- take judicial or administrative action to en- ICI, Mr. KENNEDY, Mr. ROCKE- mental Food Program site, they can force the provisions of any tribal manage- FELLER, and, Mr. AKAKA): take home a box of food to fill the pan- ment plan to ensure that any amounts withdrawn from the Trust Fund are used in ac- S. 1172. A bill to reduce hunger in the try AND buy their prescription drugs. cordance with this Act. United States; to the Committee on Our school children can fill their stom- (3) NO LIABILITY.—Neither the Secretary Agriculture, Nutrition, and Forestry. achs and then focus on learning—be- nor the Secretary of the Treasury shall be Mr. DURBIN. Mr. President, Presi- cause of the Federal school food pro- liable for the expenditure or investment of dent Eisenhower once stated, ‘‘Every gram. In cases of emergency, like the

VerDate Aug 31 2005 02:47 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.045 S19APPT1 hmoore on PRODPC68 with HMSENATE S4778 CONGRESSIONAL RECORD — SENATE April 19, 2007 tragic occurrences of hurricanes, our with me and cosponsored the Hunger (A) the goal of reducing hunger in the Federal nutrition assistance programs Free Communities Act last year. I am United States to at or below 2 percent by have been there to assist families in heartened by the support of the Illinois 2010; or need. These Federal food programs Coalition on Hunger, Bread for the (B) the goal of reducing food insecurity in the United States to at or below 6 percent by work, but more can be done. World and America’s Second Harvest. 2010. Last Congress, I introduced the Hun- Congress will be reauthorizing many (2) EMERGENCY FEEDING ORGANIZATION.— ger Free Communities Act with Sen- nutrition programs this year with the The term ‘‘emergency feeding organization’’ ators LINCOLN, SMITH and LUGAR. The farm bill, and the Hunger Free Commu- has the meaning given the term in section bill creates new grant programs that nities Act should be a part of that. I 201A of the Emergency Food Assistance Act help communities make the most of believe this bill can take a modest but of 1983 (7 U.S.C. 7501). the Federal nutrition programs and meaningful step toward eliminating (3) FOOD SECURITY.—The term ‘‘food secu- build on their successes. hunger in this country. We tried to rity’’ means the state in which an individual First, the bill makes grant money has access to enough food for an active, make that first step when the bill healthy life. available to local groups that are passed the Senate late last year. We (4) HUNGER-FREE COMMUNITIES GOAL.—The working to eliminate hunger in their can do it again and should. term ‘‘hunger-free communities goal’’ means communities. Each day, soup kitchens I ask unanimous consent that the any of the 14 goals described in the H. Con. serve meals, and food pantries give gro- text of the bill be printed in the Res. 302 (102nd Congress). ceries, and volunteers collect food, RECORD. (5) SECRETARY.—The term ‘‘Secretary’’ make sandwiches, and deliver food. Our There being no objection, the text of means the Secretary of Agriculture. bill creates an anti-hunger grant pro- the bill was ordered to be printed in TITLE I—NATIONAL COMMITMENT TO gram—the first of its kind—that asks the RECORD, as follows: END HUNGER communities to assess hunger and hun- S. 1172 SEC. 101. HUNGER REPORTS. (a) STUDY.— ger relief at the local level. Grant Be it enacted by the Senate and House of Rep- (1) TIMELINE.— money is available to help with that resentatives of the United States of America in (A) IN GENERAL.—Not later than 1 year assessment or grant money can be used Congress assembled, after the date of enactment of this Act, the to help fill in the gaps that a local plan SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Secretary shall conduct a study of major identifies. (a) SHORT TITLE.—This Act may be cited as matters relating to the problem of hunger in Second, we create a funding stream the ‘‘Hunger-Free Communities Act of 2007’’. the United States, as determined by the Sec- that food banks and soup kitchens can (b) TABLE OF CONTENTS.—The table of con- retary. use to keep up their buildings and tents of this Act is as follows: (B) UPDATE.—Not later than 5 years after trucks and kitchen equipment. The re- Sec. 1. Short title; table of contents. the date on which the study under subpara- sponse of the food bank network to the Sec. 2. Findings. graph (A) is conducted, the Secretary shall Sec. 3. Definitions. crisis after hurricanes Katrina and update the study. TITLE I—NATIONAL COMMITMENT TO (2) MATTERS TO BE ASSESSED.—The matters Rita was remarkable. Tons of food was END HUNGER to be assessed by the Secretary in the study donated, transported and delivered by Sec. 101. Hunger reports. and update under this section shall include— thousands of volunteers from all over (A) data on hunger and food insecurity in TITLE II—STRENGTHENING COMMUNITY the country. But within days, Amer- the United States; EFFORTS ica’s Second Harvest recognized the (B) measures carried out during the pre- Sec. 121. Hunger-free communities collabo- food banks needed freezers, forklifts, vious year by Federal, State, and local gov- rative grants. ernments to achieve domestic hunger goals delivery trucks and repairs to ware- Sec. 122. Hunger-free communities infra- houses and equipment. My bill creates and hunger-free communities goals; structure grants. (C) measures that could be carried out by the only Federal funding stream spe- Sec. 123. Hunger-free communities training Federal, State, and local governments to cifically for the capital needs of local and technical assistance grants. achieve domestic hunger goals and hunger- hunger relief efforts. Helping these or- Sec. 124. Report. free communities goals; and ganizations is especially important for Sec. 125. Authorization of appropriations. (D) the impact of hunger and household those organizations in underserved SEC. 2. FINDINGS. food insecurity on obesity, in the context of areas and areas where rates of food in- Congress finds that— poverty and food assistance programs. (1)(A) at the 1996 World Food Summit, the security, hunger, poverty, or unem- (b) RECOMMENDATIONS.—The Secretary United States, along with 185 other coun- shall develop recommendations on— ployment are higher than the national tries, pledged to reduce the number of under- (1) removing obstacles to achieving domes- average. nourished people by half by 2015; and tic hunger goals and hunger-free commu- Late last Congress, the Hunger Free (B) as a result of that pledge, the Depart- nities goals; and Communities Act was passed by the ment of Health and Human Services adopted (2) otherwise reducing domestic hunger. Senate. I had hoped that there might the Healthy People 2010 goal to cut food inse- (c) REPORT.—The Secretary shall submit to be time for the House to act on it be- curity in half by 2010, and in doing so reduce the President and Congress— fore the Session ended, but we ran out hunger; (1) not later than 1 year after the date of (2) national nutrition programs are among of time. This was, however, a small vic- enactment of this Act, a report that con- the fastest, most direct ways to efficiently tains— tory. It was a small step toward and effectively prevent hunger, reduce food (A) a detailed statement of the results of progress—a step that both Democrats insecurity, and improve nutrition among the the study, or the most recent update to the and Republicans want to take for the populations targeted by a program; study, conducted under subsection (a)(1); and health and well-being of our commu- (3) in 2001, food banks, food pantries, soup (B) the most recent recommendations of nities. kitchens, and emergency shelters helped to the Secretary under subsection (b); and There are still too many parents in feed more than 23,000,000 low-income people; (2) not later than 5 years after the date of this country who skip meals because and submission of the report under paragraph (1), there is not enough money in the fam- (4) community-based organizations and an update of the report. charities can help— TITLE II—STRENGTHENING COMMUNITY ily food budget for them and their chil- (A) play an important role in preventing dren to eat every night. There are still EFFORTS and reducing hunger; SEC. 121. HUNGER-FREE COMMUNITIES COL- too many babies and toddlers in Amer- (B) measure community food security; LABORATIVE GRANTS. ica who are not getting the nutrition (C) develop and implement plans for im- (a) DEFINITION OF ELIGIBLE ENTITY.—In this their minds and bodies need to develop proving food security; section, the term ‘‘eligible entity’’ means a to their fullest potential. There are too (D) educate community leaders about the public food program service provider or a many seniors, and children, who go to problems of and solutions to hunger; nonprofit organization, including but not bed hungry. In the richest Nation in (E) ensure that local nutrition programs limited to an emergency feeding organiza- are implemented effectively; and the history of the world, that is unac- tion, that demonstrates the organization has (F) improve the connection of food inse- collaborated, or will collaborate, with 1 or ceptable. cure people to anti-hunger programs. Progress against hunger is possible, more local partner organizations to achieve SEC. 3. DEFINITIONS. at least 1 hunger-free communities goal. even with a war abroad and budget In this Act: (b) PROGRAM AUTHORIZED.— deficits at home. I am heartened by the (1) DOMESTIC HUNGER GOAL.—The term ‘‘do- (1) IN GENERAL.—The Secretary shall use 43 United States Senators who agreed mestic hunger goal’’ means— not more than 50 percent of any funds made

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available under section 125 to make grants to (2) ACTIVITIES.—An eligible entity in a (1) constructing, expanding, or repairing a eligible entities to pay the Federal share of community that has submitted an assess- facility or equipment to support hunger re- the costs of an activity described in sub- ment to the Secretary shall use a grant relief agencies in the community; section (d). ceived under this section for any fiscal year (2) assisting an emergency feeding organi- (2) FEDERAL SHARE.—The Federal share of for activities of the eligible entity, includ- zation in the community in obtaining lo- the cost of carrying out an activity under ing— cally-produced produce and protein products; this section shall not exceed 80 percent. (A) meeting the immediate needs of people and (3) NON-FEDERAL SHARE.— in the community served by the eligible en- (3) assisting an emergency feeding organi- (A) CALCULATION.—The non-Federal share tity who experience hunger by— zation in the community to process and of the cost of an activity under this section (i) distributing food; serve wild game. may be provided in cash or in kind, fairly (ii) providing community outreach; or SEC. 123. HUNGER-FREE COMMUNITIES TRAIN- evaluated, including facilities, equipment, or (iii) improving access to food as part of a ING AND TECHNICAL ASSISTANCE services. comprehensive service; GRANTS. (B) SOURCES.—Any entity may provide the (B) developing new resources and strate- (a) DEFINITION OF ELIGIBLE ENTITY.—In this non-Federal share of the cost of an activity gies to help reduce hunger in the commu- section, the term ‘‘eligible entity’’ means a under this section through a State govern- nity; national or regional nonprofit organization ment, a local government, or a private (C) establishing a program to achieve a that carries out an activity described in sub- source. hunger-free communities goal in the commu- section (d). (c) APPLICATION.— nity, including— (b) PROGRAM AUTHORIZED.— (1) IN GENERAL.—To receive a grant under (i) a program to prevent, monitor, and (1) IN GENERAL.—The Secretary shall use this section, an eligible entity shall submit treat children in the community experi- not more than 10 percent of any funds made an application to the Secretary at the time encing hunger or poor nutrition; or available under section 125 to make grants to and in the manner and accompanied by any (ii) a program to provide information to eligible entities to pay the Federal share of information the Secretary may require. people in the community on hunger, domes- the costs of an activity described in sub- (2) CONTENTS.—Each application submitted tic hunger goals, and hunger-free commu- section (d). under paragraph (1) shall— nities goals; and (2) FEDERAL SHARE.—The Federal share of (A) identify any activity described in sub- (D) establishing a program to provide food the cost of carrying out an activity under section (d) that the grant will be used to and nutrition services as part of a coordi- this section shall not exceed 80 percent. fund; nated community-based comprehensive serv- (c) APPLICATION.— (B) describe the means by which an activ- ice. (1) IN GENERAL.—To receive a grant under ity identified under subparagraph (A) will re- SEC. 122. HUNGER-FREE COMMUNITIES INFRA- this section, an eligible entity shall submit duce hunger in the community of the eligible STRUCTURE GRANTS. an application to the Secretary at the time entity; and in the manner and accompanied by any (a) DEFINITION OF ELIGIBLE ENTITY.—In this (C) list any partner organizations of the el- information the Secretary may require. section, the term ‘‘eligible entity’’ means an igible entity that will participate in an ac- (2) CONTENTS.—Each application submitted emergency feeding organization (as defined tivity funded by the grant; under paragraph (1) shall— in section 201A(4) of the Emergency Food As- (D) describe any agreement between a part- (A) demonstrate that the eligible entity sistance Act of 1983 (7 U.S.C. 7501(4))). ner organization and the eligible entity nec- does not operate for profit; essary to carry out an activity funded by the (b) PROGRAM AUTHORIZED.— (B) describe any national or regional train- grant; and (1) IN GENERAL.—The Secretary shall use ing program carried out by the eligible enti- (E) if an assessment described in sub- not more than 40 percent of any funds made ty, including a description of each region section (d)(1) has been performed, include— available under section 125 to make grants to served by the eligible entity; (i) a summary of that assessment; and eligible entities to pay the Federal share of (C) describe any national or regional tech- (ii) information regarding the means by the costs of an activity described in sub- nical assistance provided by the eligible en- which the grant will help reduce hunger in section (d). tity, including a description of each region the community of the eligible entity. (2) FEDERAL SHARE.—The Federal share of served by the eligible entity; and (3) PRIORITY.—In making grants under this the cost of carrying out an activity under (D) describe the means by which each orga- section, the Secretary shall give priority to this section shall not exceed 80 percent. nization served by the eligible entity— eligible entities that— (c) APPLICATION.— (i) works to achieve a domestic hunger (A) demonstrate in the application of the (1) IN GENERAL.—To receive a grant under goal; eligible entity that the eligible entity makes this section, an eligible entity shall submit (ii) works to achieve a hunger-free commu- collaborative efforts to reduce hunger in the an application to the Secretary at the time nities goal; or community of the eligible entity; and and in the manner and accompanied by any (iii) used a grant received by the organiza- (B)(i) serve a predominantly rural and geo- information the Secretary may require. tion under section 121 or 122. graphically underserved area; (2) CONTENTS.—Each application submitted (3) PRIORITY.—In making grants under this (ii) serve communities in which the rates under paragraph (1) shall— section, the Secretary shall give priority to of food insecurity, hunger, poverty, or unem- (A) identify any activity described in sub- eligible entities the applications of which ployment are demonstrably higher than na- section (d) that the grant will be used to demonstrate 2 or more of the following: tional average rates; fund; and (A) The eligible entity serves a predomi- (iii) provide evidence of long-term efforts (B) describe the means by which an activ- nantly rural and geographically underserved to reduce hunger in the community; ity identified under subparagraph (A) will re- area. (iv) provide evidence of public support for duce hunger in the community of the eligible (B) The eligible entity serves a region in the efforts of the eligible entity; or entity. which the rates of food insecurity, hunger, (v) demonstrate in the application of the (3) PRIORITY.—In making grants under this poverty, or unemployment are demonstrably eligible entity a commitment to achieving section, the Secretary shall give priority to higher than national average rates. more than 1 hunger-free communities goal. eligible entities the applications of which (C) The eligible entity serves a region that (d) USE OF FUNDS.— demonstrate 2 or more of the following: has carried out long-term efforts to reduce (1) ASSESSMENT OF HUNGER IN THE COMMU- (A) The eligible entity serves a predomi- hunger in the region. NITY.— nantly rural and geographically underserved (D) The eligible entity serves a region that (A) IN GENERAL.—An eligible entity in a area. provides public support for the efforts of the community that has not performed an as- (B) The eligible entity serves a community eligible entity. sessment described in subparagraph (B) may in which the rates of food insecurity, hunger, (E) The eligible entity is committed to use a grant received under this section to poverty, or unemployment are demonstrably achieving more than 1 hunger-free commu- perform the assessment for the community. higher than national average rates. nities goal. (B) ASSESSMENT.—The assessment referred (C) The eligible entity serves a community (d) USE OF FUNDS.—An eligible entity shall to in subparagraph (A) shall include— that has carried out long-term efforts to reuse a grant received under this section for (i) an analysis of the problem of hunger in duce hunger in the community. any fiscal year to carry out national or re- the community served by the eligible entity; (D) The eligible entity serves a community gional training and technical assistance for (ii) an evaluation of any facility and any that provides public support for the efforts of organizations that— equipment used to achieve a hunger-free the eligible entity. (1) work to achieve a domestic hunger goal; communities goal in the community; (E) The eligible entity is committed to (2) work to achieve a hunger-free commu- (iii) an analysis of the effectiveness and ex- achieving more than 1 hunger-free communities goal; or tent of service of existing nutrition pro- nities goal. (3) receive a grant under section 121 or 122. grams and emergency feeding organizations; (d) USE OF FUNDS.—An eligible entity shall SEC. 124. REPORT. and use a grant received under this section for Not later than September 30, 2013, the Sec- (iv) a plan to achieve any other hunger-free any fiscal year to carry out activities of the retary shall submit to Congress a report de- communities goal in the community. eligible entity, including— scribing—

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(2) the degree of success of all activities mission now has exclusive authority to Military assistance to these coun- funded by grants under this title in achiev- approve onshore LNG terminal siting tries would be limited to supporting ing domestic hunger goals. applications. While the law requires the professionalization of their forces SEC. 125. AUTHORIZATION OF APPROPRIATIONS. FERC to consult with State and local until they eliminate the use of child There is authorized to be appropriated to governments regarding safety con- soldiers. carry out this title $50,000,000 for each of fis- If years of abuse continue, then U.S. cal years 2008 through 2013. cerns, they have no role in the final decision. Moreover, while the law permits assistance would eventually be elimi- By Mr. CARDIN (for himself and states to conduct safety inspections of nated. Ms. MIKULSKI): LNG terminals, they do not have the In all circumstances, the President S. 1174. A bill to amend the Natural authority to require any safety pre- would be able to waive these rules if he Gas Act to modify a provision relating cautions or to take enforcement ac- deems that it is in the national inter- to the siting, construction, expansion, tions if they discover problems at a fa- est. and operation of liquefied natural gas cility during a safety inspection. What do we mean by profession- terminals; to the Committee on Energy It is vital, in my opinion, that State alization? and Natural Resources. and local authorities and the public We mean creating regular militaries Mr. CARDIN. Mr. President, today I have a meaningful opportunity to par- which conform to long-standing inter- am introducing legislation to restore ticipate in the decision-making process national norms, such as not using chil- the authority of State and local gov- about the siting of these plants. These dren, respecting human rights, and ernments to protect the environment terminals have the potential for tre- functioning as professional armies. and ensure public safety with respect mendous impacts on the communities This bill can only affect govern- to the siting of Liquefied Natural Gas in which they would be constructed mental or government sanctioned mili- (LNG) terminals within their States. and would operate. The measure I am tary and paramilitary organizations. This measure would strike a provision introducing today seeks to restore that But that is where we have leverage in the Energy Policy Act of 2005 which authority and give Governors the same through our foreign military assistance gave the Federal Regulatory Energy veto powers for onshore LNG terminal programs and we will use whatever le- Commission (FERC) power to preempt proposals as they currently exercise for verage we have to address this heinous State and local concerns in the siting, offshore terminal proposals under the phenomenon. construction and operation of LNG fa- Deepwater Port Act. I urge my col- In the last year, many of us have cilities. leagues to join me in supporting this read the haunting memoir of Ishmael In recent years, the LNG industry measure. Beah, A LONG WAY GONE: Memoirs of has proposed building dozens of new a Boy Soldier. LNG terminals throughout the United By Mr. DURBIN (for himself and Beah is all of 26: that might seem too States, as LNG’s share of the natural Mr. BROWNBACK): young to write a memoir, but sadly, his gas market continues to grow rapidly. S. 1175. A bill to end the use of child youth was stolen from him many years Many of these terminals are being soldiers in hostilities around the world, ago. planned near populated areas or in en- and for other purposes; to the Com- Beah grew up in war-torn Sierra vironmentally sensitive coastal areas. mittee on Foreign Relations. Leone. He was born in 1980. As a highly hazardous and combustible Mr. DURBIN. Mr. President, I rise Eleven years later, civil war broke fuel source, LNG poses serious safety today to discuss an issue of children’s out, killing tens of thousands of people concerns to local communities from rights and human rights: the recruit- and driving millions from their homes. potential accidents, as well as ter- ment and use of child soldiers. At the age of twelve, he fled attack- rorism risks. Richard Clarke, a former Hundreds of thousands of children in ing rebels. Bush Administration Counter Ter- the world today serve as child soldiers, Beah’s parents and his two brothers rorism official, noted that LNG termi- boys and girls alike. were among those killed. nals and tankers present ‘‘especially They serve as combatants, porters, By thirteen, he’d been picked up by attractive targets’’ to terrorists. Ex- human mine detectors and sex slaves. Their health and lives are endangered the government army, but that was no perts have identified anumber of poten- and their childhoods are sacrificed. refuge. tially catastrophic events that could The bulk of these children are cap- Fleeing the rebels who had killed so arise from an LNG release, including tured, recruited, or sold into service many of his friends and family, Beah pool fires—an extremely intense fire with rebel groups such as the infamous wound up in a village run by govern- that cannot be extinguished and can Lord’s Resistance Army in Uganda. ment troops. spread over considerable distance, But some serve with uniformed He wrote of this moment in his life, flammable vapor clouds that may drift armed forces or government-supported ‘‘In the beginning it seemed we had some distance from the spill site, and paramilitaries or militias. found safety the smiles on people’s flameless explosions. According to the Even more troubling, children have faces assured us that there was nothing Congressional Research Service, there served as child soldiers for govern- to worry about anymore. All that dark- have been approximately 13 serious ac- ments that receive U.S. military as- ened the mood of the village was the cidents at LNG plants around the world sistance. sight of orphaned children. There were over the past six decades, including Today, Senator SAM BROWNBACK and over thirty boys between the ages of three accidents which caused fatali- I are introducing legislation addressing six and sixteen. I was one of them. ties—two in Algeria in 1977 and 2004 re- this issue. Apart from this, there were no indica- spectively, and another at Cove Point, Our bill, the Child Soldiers Preven- tions that our childhood was threat- MD; in 1979, which killed one worker tion Act, will ensure that U.S. tax- ened, much less that we would be and caused some $3 million in damages. payer dollars are not used to support robbed of it.’’ In the State of Maryland, which is al- foreign militaries known to recruit or That was exactly what was hap- ready home to one of six operating use child soldiers in government armed pening, though. LNG terminals in the United States, forces or government-supported mili- In Beah’s first battle he watched his AES Sparrows Point LNG, LLC and taries. eleven-year old tent-mate bleed out be- Mid-Atlantic Express, LLC has pro- U.S. military assistance can continue fore his very eyes. posed building a new terminal near a under this bill, but it will be used to He writes of this awful day, ‘‘My densely-populated area of Baltimore. remedy the problem by helping coun- face, my hands, my shirt and gun were Our area Congressional Delegation, tries successfully demobilize their covered with blood. I raised the gun Governor O’Malley, Baltimore County child soldiers and professionalize their and pulled the trigger, and I killed a Executive Jim Smith and other local forces. man. Suddenly, as if someone was

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Consequently, many of these children suffer from deep trauma and ing to change magazines and saw my How is this issue addressed under our are in need of psychological counseling and two young lifeless friends, I angrily immigration laws? rehabilitation. pointed my gun into the swamp and Expert witnesses from non-govern- (7) Child soldiers are exposed to hazardous killed more people.’’ mental and faith-based organizations conditions and are at risk of physical injury That was at 13. Thirteen—- an age for will speak to these issues in our hear- and disability, psychological trauma, sexu- junior high soccer games, not for going ing next Tuesday. ally transmitted diseases, respiratory and to war. So too will Ishmael Beah, whose skin infections, and often death. Ultimately during his time in the words vividly capture the horror of (8) On May 25, 2000, the United Nations adopted and opened for signature, ratifica- government army, Beah says he killed children at war. tion, and accession the Optional Protocol to ‘‘too many people to count.’’ I am introducing this bill and our the Convention on the Rights of the Child on In 1998 he fled and in 1999 he was able subcommittee is holding this hearing the Involvement of Children in Armed Con- to come to New York. as progressive steps to remedy a ter- flict (in this Act referred to as the ‘‘Optional Returning to civilization, according rible and persistent problem. Protocol’’), which establishes 18 as the min- to Beah, was actually harder than the Here in Washington, on the floor of imum age for conscription or forced recruit- act of becoming a child soldier because the Senate, it is hard to imagine the ment and requires states party to ensure ‘‘dehumanizing children is a relatively atrocities that children endure every that members of their armed forces under easy task.’’ the age of 18 do not take a direct part in hos- day, as combatants, as sex slaves, and tilities. Thank God, Sierra Leone’s civil war as forced labor for militaries and (9) On June 18, 2002, the Senate unani- is over. paramilitaries. mously approved the resolution advising and But too many children in the world But those atrocities do continue. consenting to the ratification of the Op- continue to be forced to serve as child At the least we should ensure that tional Protocol. soldiers. U.S. assistance goes to remedy the (10) On December 23, 2002, the United Ensuring that countries profes- problem and that it is never used to States presented the ratified optional pro- sionalize their militaries and help their prolong it. tocol to the United Nations. (11) More than 110 governments worldwide child soldiers make the transition back I ask unanimous consent that the into civil society is a humanitarian have ratified the optional protocol, estab- text of the bill be printed in the lishing a clear international norm con- issue but also in the best interest for RECORD. cerning the use of children in combat. our own armed forces. There being no objection, the text of (12) On December 2, 1999, the United States We do not want American soldiers in the bill was ordered to be printed in ratified International Labour Convention a position where they have to return the RECORD, as follows: 182, the Convention concerning the Prohibi- tion and Immediate Action for the Elimi- fire on children. S. 1175 Delay in such a moment could cost nation of the Worst Forms of Child Labour, Be it enacted by the Senate and House of Rep- which includes the use of child soldiers an American soldier his life, but think resentatives of the United States of America in also of the psychic costs of having to among the worst forms of child labor. Congress assembled, (13) On October 7, 2005, the Senate gave its kill a child in battle. SECTION 1. SHORT TITLE. advice and consent to the ratification of the We want our troops to avoid such a This Act may be cited as the ‘‘Child Sol- Protocol to Prevent, Suppress and Punish situation and we want to ensure that dier Prevention Act of 2007’’. Trafficking in Persons, Especially Women American taxpayer dollars are used as SEC. 2. FINDINGS. and Children, Supplementing the United Na- they should be: for professionalizing Congress makes the following findings: tions Convention Against Transnational Or- the militaries of countries whom we (1) According to the September 7, 2005, re- ganized Crime. are assisting. port to the General Assembly of the United (14) It is in the national security interest It is not enough for child soldiers Nations by the Special Representative of the of the United States to reduce the chances Secretary-General for Children and Armed that members of the United States Armed simply to be demobilized: U.S.-funded Forces will be forced to encounter children programs assist in the rehabilitation of Conflict, ‘‘In the last decade, two million children have been killed in situations of in combat situations. child soldiers and the reintegration of armed conflict, while six million children (15) Section 502B(a)(3) of the Foreign As- these young people back into civilian have been permanently disabled or injured. sistance Act of 1961 (22 U.S.C. 2304(a)(3)) pro- life. Over 250,000 children continue to be exploited vides that ‘‘the President is directed to for- Some of these child veterans of war as child soldiers and tens of thousands of mulate and conduct international security have witnessed or been forced to do ter- girls are being subjected to rape and other assistance programs of the United States in rible things. forms of sexual violence.’’. a manner which will promote and advance Many of the girls have been victims (2) According to the Center for Emerging human rights and avoid identification of the Threats and Opportunities (CETO), Marine United States, through such programs, with of rape and may be coming back into governments which deny to their people civilian life with their own children. Corps Warfighting Laboratory, ‘‘The Child Soldier Phenomenon has become a post-Cold internationally recognized human rights and I strongly support programs to pro- War epidemic that has proliferated to every fundamental freedoms, in violation of inter- vide psychological services, edu- continent with the exception of Antarctica national law or in contravention of the pol- cational and vocational training, and and Australia.’’. icy of the United States as expressed in this other assistance to these traumatized (3) Many of the children currently serving section or otherwise’’. young people. in armed forces or paramilitaries were forc- SEC. 3. CHILD SOLDIER DEFINED. I also support efforts to bring to jus- ibly conscripted through kidnapping or coer- In this Act, consistent with the provisions tice those rebel leaders and others who cion, a form of human trafficking, while oth- of the Optional Protocol, the term ‘‘child kidnap children for use as child sol- ers joined military units due to economic ne- soldier’’— cessity, to avenge the loss of a family mem- (1) means— diers. ber, or for their own personal safety. (A) any person under age 18 who takes a di- The use of child soldiers represents a (4) Some military and militia commanders rect part in hostilities as a member of gov- basic issue of human rights. force child soldiers to commit gruesome acts ernmental armed forces; For that reason, next week Senator of ritual killings or torture, including acts of (B) any person under age 18 who has been COBURN, who is the ranking member on violence against other children. compulsorily recruited into governmental the Judiciary Subcommittee on Human (5) Many female child soldiers face the ad- armed forces; Rights and the Law, and I will be hold- ditional psychological and physical horrors (C) any person under age 16 voluntarily re- ing a Subcommittee hearing on Child of rape and sexual abuse, enslavement for cruited into governmental armed forces; and Soldiers and the Law. sexual purposes by militia commanders, and (D) any person under age 18 recruited or severe social stigma should they return used in hostilities by armed forces distinct In this hearing, we will explore the home. from the armed forces of a state; and persistent use of child soldiers despite (6) Some military and militia commanders (2) includes any person described in sub- the fact that this practice is widely ac- target children for recruitment because of paragraphs (B), (C), and (D) of paragraph (1) knowledged as a war crime. their psychological immaturity and vulner- who is serving in any capacity, including in

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a support role such as a cook, porter, mes- wise made available to the government of a (c) INCLUSION OF INFORMATION ON VIOLA- senger, medic, guard, or sex slave. country that is clearly identified by the De- TIONS.—When the Secretary of State deter- SEC. 4. SENSE OF CONGRESS. partment of State in the Department of mines that a government has violated the It is the sense of Congress— State’s most recent Country Reports on standards of this Act, the Secretary shall (1) to condemn the conscription, forced re- Human Rights Practices as having govern- clearly indicate that fact in the relevant An- cruitment or use of children by governments, mental armed forces or government sup- nual Human Rights Report. paramilitaries, or other organizations in hos- ported armed groups, including (d) LETTER TO CONGRESS.—Not later than tilities; paramilitaries, militias, or civil defense June 15 of each year for 10 years following (2) that the United States Government forces, that recruit or use child soldiers. the enactment of this Act, the President should support and, where practicable, lead (b) NOTIFICATION TO COUNTRIES IN VIOLA- shall submit to the Committee on Foreign TION OF THE STANDARDS OF THIS ACT.—The efforts to establish and uphold international Relations and the Committee on Appropria- Secretary of State shall formally notify any standards designed to end this abuse of tions of the Senate and the Committee on government identified pursuant to subhuman rights; Foreign Affairs and the Committee on Ap- section (a). (3) that the United States Government propriations of the House of Representa- (c) NATIONAL INTEREST WAIVER.— tives— should expand ongoing services to rehabili- (1) WAIVER.—The President may waive the (1) a list of the countries receiving notifi- tate recovered child soldiers and to re- application to a country of the prohibition in cation that they are in violation of the integrate them back into their communities subsection (a) if the President determines standards of this Act; by— that such waiver is in the interest of the (A) offering ongoing psychological services United States. (2) a list of any waivers or exceptions exercised under this Act; to help victims recover from their trauma (2) PUBLICATION AND NOTIFICATION.—The and relearn how to deal with others in non- President shall publish each waiver granted (3) justification for those waivers and ex- violent ways such that they are no longer a under paragraph (1) in the Federal Register ceptions; and danger to their community; and shall notify the Committee on Foreign (4) a description of any assistance provided (B) facilitating reconciliation with their Relations and the Committee on Appropria- pursuant to this Act. communities through negotiations with tra- tions of the Senate and the Committee on SEC. 7. REPORT ON IMPLEMENTATION OF ACT. ditional leaders and elders to enable recov- Foreign Affairs and the Committee on Ap- Not later than 180 days after the date of ered abductees to resume normal lives in propriations of the House of Representatives the enactment of this Act, the President their communities; and of each such waiver, including the justifica- shall submit to the Committee on Foreign (C) providing educational and vocational tion for the waiver, in accordance with the Relations and the Committee on Appropria- assistance; regular notification procedures of such Com- tions of the Senate and the Committee on (4) that the United States should work mittees. Foreign Affairs and the Committee on Ap- with the international community, includ- (d) REINSTATEMENT OF ASSISTANCE.—The propriations of the House of Representatives ing, where appropriate, third country gov- President may provide to a country assist- a report setting forth a strategy for achiev- ernments, nongovernmental organizations, ance otherwise prohibited under subsection ing the policy objectives of this Act, includ- faith-based organizations, United Nations (a) upon certifying to Congress that the gov- ing a description of an effective mechanism agencies, local governments, labor unions, ernment of such country— for coordination of United States Govern- and private enterprise— (1) has implemented effective measures to ment efforts to implement this strategy. (A) on efforts to bring to justice rebel orga- come into compliance with the standards of SEC. 8. TRAINING FOR FOREIGN SERVICE OFFI- nizations that kidnap children for use as this Act; and CERS. child soldiers, including the Lord’s Resist- (2) has implemented effective policies and Section 708 of the Foreign Service Act of ance Army (LRA) in Uganda, Fuerzas Arma- mechanisms to prohibit and prevent future 1980 (22 U.S.C. 4028) is amended by adding at das Revolucionarias de Colombia (FARC), use of child soldiers and to ensure that no the end the following new subsection: and Liberation Tigers of Tamil Eelam children are recruited, conscripted, or other- ‘‘(c) The Secretary of State, with the as- (LTTE), including, where feasible, by arrest- wise compelled to serve as child soldiers. sistance of other relevant officials, shall es- (e) EXCEPTION FOR PROGRAMS DIRECTLY RE- ing the leaders of such groups; and tablish as part of the standard training pro- LATED TO ADDRESSING THE PROBLEM OF CHILD (B) on efforts to recover those children who vided after January 1, 2008, for officers of the SOLDIERS OR PROFESSIONALIZATION OF THE have been abducted and to assist them in Service, including chiefs of mission, instruc- MILITARY.— their rehabilitation and reintegration into tion on matters related to child soldiers and communities; (1) IN GENERAL.—The President may provide to a country assistance for inter- the substance of the Child Soldier Preven- (5) that the Secretary of State, the Sec- tion Act of 2007.’’. retary of Labor, and the Secretary of De- national military education and training SEC. 9. EFFECTIVE DATE; APPLICABILITY. fense should coordinate programs to achieve otherwise prohibited under subsection (a) This Act shall take effect 180 days after the goals specified in paragraph (3), and in upon certifying to Congress that— the date of the enactment of this Act and countries where the use of child soldiers is (A) the government of such country is im- shall apply to funds obligated after such ef- an issue, whether or not it is supported or plementing effective measures to demobilize fective date. sanctioned by the governments of such coun- child soldiers in its forces or in government tries, United States diplomatic missions supported paramilitaries and to provide de- f mobilization, rehabilitation, and reintegra- should include in their mission program tion assistance to those former child sol- plans a strategy to achieve the goals speci- AMENDMENTS SUBMITTED AND diers; and fied in such paragraph; PROPOSED (B) the assistance provided by the United (6) that United States diplomatic missions States Government to the government of SA 898. Mr. ENSIGN submitted an amend- in countries in which governments use or such country will go to programs that will ment intended to be proposed to amendment tolerate child soldiers should develop, as directly support professionalization of the SA 897 proposed by Mr. ENSIGN (for himself part of annual program planning, strategies military. and Mr. CRAIG) to the bill S. 378, to amend to promote efforts to end this abuse of (2) LIMITATION.—The exception under para- title 18, United States Code, to protect human rights; and graph (1) may not remain in effect for more judges, prosecutors, witnesses, victims, and (7) that, in allocating or recommending the than 2 years following the date of notifica- their family members, and for other pur- allocation of funds or recommending can- tion specified in section 5(b). poses; which was ordered to lie on the table. didates for programs and grants funded by SEC. 6. REPORTS. SA 899. Mr. DOMENICI submitted an the United States Government, United (a) PREPARATION OF REPORTS REGARDING amendment intended to be proposed by him States diplomatic missions should give par- CHILD SOLDIERS.—United States missions to the bill S. 378, supra; which was ordered to ticular consideration to those programs and abroad shall thoroughly investigate reports lie on the table. candidates deemed to promote the end to of the use of child soldiers. SA 900. Mr. GRASSLEY submitted an this abuse of human rights. (b) INFORMATION FOR ANNUAL HUMAN amendment intended to be proposed by him SEC. 5. PROHIBITION. RIGHTS REPORTS.—In preparing those por- to the bill S. 378, supra; which was ordered to (a) IN GENERAL.—Subject to subsections tions of the Human Rights Reports that re- lie on the table. (b), (c), and (d), none of the funds appro- late to child soldiers, the Secretary of State SA 901. Mr. DORGAN (for himself and Mr. priated or otherwise made available for shall ensure that such reports shall include a GRASSLEY) submitted an amendment in- international military education and train- description of the use of child soldiers in tended to be proposed by him to the bill S. ing, foreign military financing, foreign mili- each foreign country, including— 378, supra; which was ordered to lie on the tary sales, direct commercial sales, or excess (1) trends toward improvement in such table. Defense articles by the Foreign Operations, country of the status of child soldiers or the Export Financing, and Related Programs Ap- continued or increased tolerance of such f propriations Act, 2006 (Public Law 109–102) or practices; and TEXT OF AMENDMENTS any other Act making appropriations for for- (2) the role of the government of such eign operations, export financing, and re- country in engaging in or tolerating the use SA 898. Mr. ENSIGN submitted an lated programs may be obligated or other- of child soldiers. amendment intended to be proposed to

VerDate Aug 31 2005 01:43 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.047 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4783 amendment SA 897 proposed by Mr. EN- ‘‘Ninth ...... Honolulu, Pasadena, San ‘‘(d) The chief judge of the Twelfth Circuit Francisco.’’ SIGN (for himself and Mr. CRAIG) to the may, in the public interest and upon request and by the chief judge of the Ninth Circuit, des- bill S. 378, to amend title 18, United (2) by inserting after the item relating to States Code, to protect judges, prosecu- ignate and assign temporarily any circuit the eleventh circuit the following: judge of the Twelfth Circuit to act as circuit tors, witnesses, victims, and their fam- ‘‘Twelfth ...... Las Vegas, Phoenix, judge in the Ninth Circuit.’’. Portland, Seattle.’’. ily members, and for other purposes; SEC. 613. TEMPORARY ASSIGNMENT OF DISTRICT SEC. 607. LOCATION OF TWELFTH CIRCUIT HEAD- which was ordered to lie on the table; JUDGES AMONG CIRCUITS. as follows: QUARTERS. The offices of the Circuit Executive of the Section 292 of title 28, United States Code, In lieu of the matter proposed to be in- Twelfth Circuit and the Clerk of the Court of is amended by adding at the end the fol- serted insert the following: the Twelfth Circuit shall be located in Phoe- lowing: TITLE VI: NINTH CIRCUIT SPLIT nix, Arizona. ‘‘(f) The chief judge of the United States Court of Appeals for the Ninth Circuit may SEC. 601. SHORT TITLE. SEC. 608. ASSIGNMENT OF CIRCUIT JUDGES. in the public interest— This title may be cited as the ‘‘The Circuit Each circuit judge of the former ninth cir- ‘‘(1) upon request by the chief judge of the Court of Appeals Restructuring and Mod- cuit who is in regular active service and Twelfth Circuit, designate and assign 1 or ernization Act of 2007’’. whose official duty station on the day before more district judges within the Ninth Circuit SEC. 602. DEFINITIONS. the effective date of this title— to sit upon the Court of Appeals of the In this title: (1) is in California, Guam, Hawaii, or the Twelfth Circuit, or a division thereof, when- (1) FORMER NINTH CIRCUIT.—The term Northern Mariana Islands shall be a circuit ever the business of that court so requires; ‘‘former ninth circuit’’ means the ninth judi- judge of the new ninth circuit as of such ef- and cial circuit of the United States as in exist- fective date; and ‘‘(2) designate and assign temporarily any ence on the day before the effective date of (2) is in Alaska, Arizona, Idaho, Montana, district judge within the Ninth Circuit to this title. Nevada, Oregon, or Washington shall be a hold a district court in any district within (2) NEW NINTH CIRCUIT.—The term ‘‘new circuit judge of the twelfth circuit as of such the Twelfth Circuit. ninth circuit’’ means the ninth judicial cir- effective date. ‘‘(g) The chief judge of the United States cuit of the United States established by the SEC. 609. ELECTION OF ASSIGNMENT BY SENIOR Court of Appeals for the Twelfth Circuit may amendment made by section 603(2)(A). JUDGES. in the public interest— (3) TWELFTH CIRCUIT.—The term ‘‘twelfth Each judge who is a senior circuit judge of ‘‘(1) upon request by the chief judge of the circuit’’ means the twelfth judicial circuit of the former ninth circuit on the day before Ninth Circuit, designate and assign 1 or more the United States established by the amend- the effective date of this title may elect to district judges within the Twelfth Circuit to ment made by section 603(2)(B). be assigned to the new ninth circuit or the sit upon the Court of Appeals of the Ninth SEC. 603. NUMBER AND COMPOSITION OF CIR- twelfth circuit as of such effective date and Circuit, or a division thereof, whenever the CUITS. shall notify the Director of the Administra- business of that court so requires; and Section 41 of title 28, United States Code, tive Office of the United States Courts of ‘‘(2) designate and assign temporarily any is amended— such election. district judge within the Twelfth Circuit to (1) in the matter preceding the table, by SEC. 610. SENIORITY OF JUDGES. hold a district court in any district within striking ‘‘thirteen’’ and inserting ‘‘four- The seniority of each judge— the Ninth Circuit. teen’’; and (1) who is assigned under section 608, or ‘‘(h) Any designations or assignments (2) in the table— (2) who elects to be assigned under section under subsection (f) or (g) shall be in con- (A) by striking the item relating to the 609, formity with the rules or orders of the court ninth circuit and inserting the following: shall run from the date of commission of of appeals of, or the district within, as appli- ‘‘Ninth ...... California, Guam, Ha- such judge as a judge of the former ninth cir- cable, the circuit to which the judge is des- waii, Northern Mariana cuit. Islands.’’ ignated or assigned.’’. and SEC. 611. APPLICATION TO CASES. SEC. 614. ADMINISTRATION. (B) by inserting after the item relating to The following apply to any case in which, The court of appeals for the ninth circuit the eleventh circuit the following: on the day before the effective date of this as constituted on the day before the effective ‘‘Twelfth ...... Alaska, Arizona, Idaho, title, an appeal or other proceeding has been date of this title may take such administra- Montana, Nevada, Or- filed with the former ninth circuit: tive action as may be required to carry out egon, Washington.’’. (1) Except as provided in paragraph (3), if this title and the amendments made by this SEC. 604. JUDGESHIPS. the matter has been submitted for decision, title. Such court shall cease to exist for ad- (a) NEW JUDGESHIPS.—The President shall further proceedings with respect to the mat- ministrative purposes 2 years after the date appoint, by and with the advice and consent ter shall be had in the same manner and with of enactment of this Act. of the Senate, 5 additional circuit judges for the same effect as if this title had not been SEC. 615. AUTHORIZATION OF APPROPRIATIONS. the new ninth circuit court of appeals, whose enacted. There are authorized to be appropriated official duty station shall be in California. (2) If the matter has not been submitted such sums as may be necessary to carry out (b) TEMPORARY JUDGESHIPS.— for decision, the appeal or proceeding, to- this title, including funds for additional (1) APPOINTMENT OF JUDGES.—The Presi- gether with the original papers, printed court facilities. dent shall appoint, by and with the advice records, and record entries duly certified, and consent of the Senate, 2 additional cir- shall, by appropriate orders, be transferred SEC. 616. EFFECTIVE DATE. cuit judges for the former ninth circuit court to the court to which the matter would have Except as provided in section 604(c), this of appeals, whose official duty stations shall been submitted had this title been in full title and the amendments made by this title be in California. force and effect at the time such appeal was shall take effect 12 months and 1 day after (2) EFFECT OF VACANCIES.—The first 2 va- taken or other proceeding commenced, and the date of enactment of this Act. cancies occurring on the new ninth circuit further proceedings with respect to the case court of appeals 10 years or more after judges shall be had in the same manner and with SA 899. Mr. DOMENICI submitted an are first confirmed to fill both temporary the same effect as if the appeal or other pro- amendment intended to be proposed by circuit judgeships created by this subsection ceeding had been filed in such court. him to the bill S. 378, to amend title 18, shall not be filled. (3) If a petition for rehearing en banc is United States Code, to protect judges, (c) EFFECTIVE DATE.—This section shall pending on or after the effective date of this prosecutors, witnesses, victims, and take effect on the date of the enactment of title, the petition shall be considered by the this Act. court of appeals to which it would have been their family members, and for other SEC. 605. NUMBER OF CIRCUIT JUDGES. submitted had this title been in full force purposes; which was ordered to lie on The table contained in section 44(a) of title and effect at the time that the appeal or the table; as follows: 28, United States Code, is amended— other proceeding was filed with the court of TITLE VI. ADDITIONAL JUDGESHIPS FOR (1) by striking the item relating to the appeals. THE SOUTHWEST BORDER ninth circuit and inserting the following: SEC. 612. TEMPORARY ASSIGNMENT OF CIRCUIT At the end of the bill, add the following: ‘‘Ninth ...... 20’’ JUDGES AMONG CIRCUITS. and Section 291 of title 28, United States Code, SEC. 601. SHORT TITLE. (2) by inserting after the item relating to is amended by adding at the end the fol- This title may be cited as the ‘‘Federal the eleventh circuit the following: lowing: Criminal Immigration Courts Act of 2007’’. ‘‘Twelfth ...... 14’’. ‘‘(c) The chief judge of the Ninth Circuit SEC. 602. FINDINGS AND PURPOSE. SEC. 606. PLACES OF CIRCUIT COURT. may, in the public interest and upon request (a) FINDINGS.—Based on the recommenda- The table contained in section 48(a) of title by the chief judge of the Twelfth Circuit, tions made by the 2007 Judicial Conference 28, United States Code, is amended— designate and assign temporarily any circuit and the statistical data provided by the 2006 (1) by striking the item relating to the judge of the Ninth Circuit to act as circuit Federal Court Management Statistics ninth circuit and inserting the following: judge in the Twelfth Circuit. (issued by the Administrative Office of the

VerDate Aug 31 2005 01:43 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.048 S19APPT1 hmoore on PRODPC68 with HMSENATE S4784 CONGRESSIONAL RECORD — SENATE April 19, 2007 United States Courts), the Congress finds the United States Code, to protect judges, (B) NO TELEVISING OF JURORS.—The pre- following: prosecutors, witnesses, victims, and siding judge shall not permit the televising (1) Federal courts along the southwest bor- their family members, and for other of any juror in a trial proceeding. der of the United States have a greater per- purposes; which was ordered to lie on (3) ADVISORY GUIDELINES.—The Judicial centage of their criminal caseload affected Conference of the United States may promul- by immigration cases than other Federal the table; as follows: gate advisory guidelines to which a presiding courts. At the appropriate place, insert the fol- judge, at the discretion of that judge, may (2) The percentage of criminal immigration lowing: refer in making decisions with respect to the cases in most southwest border district SEC. lll. MEDIA COVERAGE OF FEDERAL management and administration of courts totals more than 49 percent of the COURT PROCEEDINGS. photographing, recording, broadcasting, or total criminal caseloads of those districts. (a) DEFINITIONS.—In this section: televising described under paragraphs (1) and (3) The current number of judges author- (1) PRESIDING JUDGE.—The term ‘‘presiding (2). ized for those courts is inadequate to handle judge’’ means the judge presiding over the (4) SUNSET OF DISTRICT COURT AUTHORITY.— the current caseload. court proceeding concerned. In proceedings The authority under paragraph (2) shall ter- (4) Such an increase in the caseload of in which more than 1 judge participates, the minate 3 years after the date of the enact- criminal immigration filings requires a cor- presiding judge shall be the senior active ment of this Act. responding increase in the number of Federal judge so participating or, in the case of a cir- judgeships. cuit court of appeals, the senior active cir- SA 901. Mr. DORGAN (for himself and (5) The 2007 Judicial Conference rec- cuit judge so participating, except that— Mr. GRASSLEY) submitted an amend- ommended the addition of judgeships to (A) in en banc sittings of any United ment intended to be proposed by him meet this growing burden. States circuit court of appeals, the presiding to the bill S. 378, to amend title 18, (6) The Congress should authorize the addi- judge shall be the chief judge of the circuit United States Code, to protect judges, tional district court judges necessary to whenever the chief judge participates; and prosecutors, witnesses, victims, and carry out the 2007 recommendations of the (B) in en banc sittings of the Supreme their family members, and for other Judicial Conference for district courts in Court of the United States, the presiding which the criminal immigration filings rep- judge shall be the Chief Justice whenever the purposes; which was ordered to lie on resented more than 49 percent of all criminal Chief Justice participates. the table; as follows: filings for the 12-month period ending Sep- (2) APPELLATE COURT OF THE UNITED At the end of the bill, insert the following: tember 30, 2006. STATES.—The term ‘‘appellate court of the TITLE ll—RESTITUTION FOR VICTIMS (b) PURPOSE.—The purpose of this title is United States’’ means any United States cir- OF CRIME ACT OF 2007 to increase the number of Federal judge- cuit court of appeals and the Supreme Court SEC. l01. SHORT TITLE. ships, in accordance with the recommenda- of the United States. This title may be cited as the ‘‘Restitution tions of the 2007 Judicial Conference, in dis- (b) AUTHORITY OF PRESIDING JUDGE TO for Victims of Crime Act of 2007’’. trict courts that have an extraordinarily ALLOW MEDIA COVERAGE OF COURT PRO- Subtitle A—Collection of Restitution high criminal immigration caseload. CEEDINGS.— SEC. 1101. SHORT TITLE. SEC. 603. ADDITIONAL DISTRICT COURT JUDGE- (1) AUTHORITY OF APPELLATE COURTS.— This subtitle may be cited as the ‘‘Collec- SHIPS. (A) IN GENERAL.—Except as provided under tion of Restitution Improvement Act of (a) PERMANENT JUDGESHIPS.— subparagraph (B), the presiding judge of an 2007’’. (1) IN GENERAL.—The President shall ap- appellate court of the United States may, at point, by and with the advice and consent of the discretion of that judge, permit the SEC. 1102. PROCEDURE FOR ISSUANCE AND EN- FORCEMENT OF RESTITUTION. the Senate— photographing, electronic recording, broad- Section 3664(f) of title 18, United States (A) 4 additional district judges for the dis- casting, or televising to the public of any Code, is amended by striking paragraphs (2) trict of Arizona; court proceeding over which that judge pre- (B) 1 additional district judge for the dis- through (4) and inserting the following: sides. ‘‘(C)(i) Each restitution order shall— trict of New Mexico; (B) EXCEPTION.—The presiding judge shall (C) 2 additional district judges for the ‘‘(I) contain information sufficient to iden- not permit any action under subparagraph tify each victim to whom restitution is southern district of Texas; and (A), if— (D) 1 additional district judge for the west- owed; (i) in the case of a proceeding involving ‘‘(II) require that a copy of the court order ern district of Texas. only the presiding judge, that judge deter- (2) CONFORMING AMENDMENTS.—In order be sent to each such victim; and mines the action would constitute a viola- ‘‘(III) inform each such victim of the obli- that the table contained in section 133(a) of tion of the due process rights of any party; title 28, United States Code, reflect the num- gation to notify the appropriate entities of or any change in address. ber of additional judges authorized under (ii) in the case of a proceeding involving paragraph (1), such table is amended— ‘‘(ii) It shall be the responsibility of each the participation of more than 1 judge, a ma- victim to whom restitution is owed to notify (A) by striking the item relating to Ari- jority of the judges participating determine zona and inserting the following: the Attorney General, or the appropriate en- that the action would constitute a violation tity of the court, by means of a form to be ‘‘Arizona ...... 6’’; of the due process rights of any party. provided by the Attorney General or the (B) by striking the item relating New Mex- (2) AUTHORITY OF DISTRICT COURTS.— court, of any change in the victim’s mailing ico and inserting the following: (A) IN GENERAL.— address while restitution is still owed to the ‘‘New Mexico ...... 7’’; and (i) AUTHORITY.—Notwithstanding any other victim. provision of law, except as provided under ‘‘(iii) The confidentiality of any informa- (C) by striking the item relating to Texas clause (iii), the presiding judge of a district and inserting the following: tion relating to a victim under this subpara- court of the United States may, at the dis- graph shall be maintained. ‘‘Texas: cretion of that judge, permit the ‘‘(2) The court shall order that the restitu- Northern ...... 12 photographing, electronic recording, broad- tion imposed is due in full immediately upon Southern ...... 21 casting, or televising to the public of any imposition. Eastern ...... l7 court proceeding over which that judge pre- ‘‘(3) The court shall direct the defendant— Western ...... 14’’. sides. ‘‘(A) to make a good-faith effort to satisfy (b) TEMPORARY JUDGESHIPS.— (ii) OBSCURING OF WITNESSES.—Except as the restitution order in the shortest time in (1) IN GENERAL.—The President shall ap- provided under clause (iii)— which full restitution can be reasonably point, by and with the advice and consent of (I) upon the request of any witness (other made, and to refrain from taking any action the Senate— than a party) in a trial proceeding, the court that conceals or dissipates the defendant’s (A) 1 additional district judge for the dis- shall order the face and voice of the witness assets or income; trict of Arizona; and to be disguised or otherwise obscured in such ‘‘(B) to notify the court of any change in (B) 1 additional district judge for the dis- manner as to render the witness unrecogniz- residence; and trict of New Mexico. able to the broadcast audience of the trial ‘‘(C) to notify the United States Attorney (2) VACANCY.—For each of the judicial dis- proceeding; and for the district in which the defendant was tricts named in this subsection, the first va- (II) the presiding judge in a trial pro- sentenced of any change in residence, and of cancy arising on the district court 10 years ceeding shall inform each witness who is not any material change in economic cir- or more after a judge is first confirmed to a party that the witness has the right to re- cumstances that might affect the defend- fill the temporary district judgeship created quest the image and voice of that witness to ant’s ability to pay restitution. in that district by this subsection shall not be obscured during the witness’ testimony. ‘‘(4) Compliance with all payment direc- be filled. (iii) EXCEPTION.—The presiding judge shall tions imposed under paragraphs (6) and (7) not permit any action under this subpara- shall be prima facie evidence of a good faith SA 900. Mr. GRASSLEY submitted an graph, if that judge determines the action effort under paragraph (3)(A), unless it is amendment intended to be proposed by would constitute a violation of the due proc- shown that the defendant has concealed or him to the bill S. 378, to amend title 18, ess rights of any party. dissipated assets.

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‘‘(5) Notwithstanding any other provision ‘‘(10)(A) The ability of the Attorney Gen- ‘‘(D) SURRENDER.—In ordering restitution, of law, for the purpose of enforcing a restitu- eral to enforce restitution obligations or- the court may direct the defendant to sur- tion order, a United States Attorney may re- dered under paragraph (2) shall not be lim- render to the United States any interest of ceive, without the need for a court order, ited by appeal, or the possibility of a correc- the defendant in any non-exempt asset. any financial information concerning the de- tion, modification, amendment, adjustment, ‘‘(E) THIRD PARTIES.—If the court directs fendant obtained by the grand jury that in- or reimposition of a sentence, unless the the defendant to repatriate or surrender any dicted the defendant for the crime for which court expressly so orders for good cause property in which it appears that any person restitution has been awarded, the United shown and stated on the record. other than the defendant may have a legal States Probation Office, or the Bureau of ‘‘(B) Absent exceptional circumstances, as interest— Prisons. A victim may also provide financial determined by the court, an order limiting ‘‘(i) the court shall take such action as is information concerning the defendant to the the enforcement of restitution obligations necessary to protect such third party inter- United States Attorney. shall— est; and ‘‘(6)(A) At sentencing, or at any time prior ‘‘(i) require the defendant to deposit, in the ‘‘(ii) may direct the United States to ini- to the termination of a restitution obliga- registry of the district court, any amount of tiate any ancillary proceeding to determine tion under section 3613 of this title, the court the restitution that is due; such third party interests in accordance with may— ‘‘(ii) require the defendant to post a bond the procedures specified in section 413(n) of ‘‘(i) impose special payment directions or other security to ensure payment of the the Controlled Substances Act (21 U.S.C. upon the defendant or modify such direc- restitution that is due; or 853(n)). tions; or ‘‘(iii) impose additional restraints upon the ‘‘(F) EXCLUSIVITY OF REMEDY.—Except as ‘‘(ii) direct the defendant to make a single, defendant to prevent the defendant from provided in this section, no person may com- lump sum payment, partial payments at transferring or dissipating assets. mence an action against the United States specified intervals, in-kind payments, or a ‘‘(C) No order described in subparagraph concerning the validity of the party’s alleged combination of payments at specified inter- (B) shall restrain the ability of the United interest in the property subject to repara- vals and in-kind payments. tion or surrender. ‘‘(B) The period of time over which sched- States to continue its investigation of the defendant’s financial circumstances, conduct ‘‘(G) PRESERVATION OF PROPERTY.—The uled payments are established for purposes court may enter a restraining order or in- of this paragraph shall be the shortest time discovery, record a lien, or seek any injunction or other relief from the court.’’. junction, require the execution of a satisfac- in which full payment reasonably can be tory performance bond, or take any other ac- made. SEC. 1103. IMPOSITION OF CRIMINAL FINES AND tion to preserve the availability of property PAYMENT DIRECTIONS. ‘‘(C) In-kind payments may be in the form for payment of the fine or assessment. Subsection 3572(d) of title 18, United States of the return of property, replacement of ‘‘(6) CONSIDERATIONS.—In determining property, or, if the victim agrees, services Code, is amended to read as follows: whether to impose or modify special pay- rendered to the victim or a person or organi- ‘‘(d) PAYMENT.— ment directions, the court may consider— zation other than the victim. ‘‘(1) IN GENERAL.—The court shall order ‘‘(A) the need to satisfy the fine or assess- ‘‘(D) In ordering restitution, the court may that any fine or assessment imposed be due ment; direct the defendant to— in full immediately upon imposition. ‘‘(B) the financial ability of the defendant; ‘‘(i) repatriate any property that con- ‘‘(2) EFFORTS TO MAKE PAYMENT.—The ‘‘(C) the economic circumstances of the de- stitutes proceeds of the offense of convic- court shall— fendant, including the financial resources tion, or property traceable to such proceeds; ‘‘(A) direct the defendant to make a good- and other assets of the defendant, and wheth- and faith effort to satisfy the fine and assess- er any of those assets are jointly controlled; ‘‘(ii) surrender to the United States, or to ment in the shortest time in which full pay- ‘‘(D) the projected earnings and other in- the victim named in the restitution order, ment can be reasonably made, and to refrain come of the defendant; any interest of the defendant in any non- from taking any action that conceals or dis- ‘‘(E) any financial obligations of the de- exempt asset. sipates the defendant’s assets or income; fendant, including obligations to dependents; ‘‘(E) The court may enter a restraining ‘‘(B) direct the defendant to notify the ‘‘(F) whether the defendant has concealed order or injunction, require the execution of court of any change in residence; and or dissipated assets or income; and a satisfactory performance bond, or take any ‘‘(C) order the defendant to notify the ‘‘(G) any other appropriate circumstances. other action to preserve the availability of United States Attorney for the district in ‘‘(7) USE OF RESOURCES.—Any substantial property for restitution. which the defendant was sentenced of any resources from any source, including inherit- ‘‘(7)(A) In determining whether to impose change in residence, and of any material ance, settlement, or other judgment shall be or modify specific payment directions, the change in economic circumstances that applied to any fine or assessment still owed. court may consider— might affect the defendant’s ability to pay ‘‘(8) NOMINAL PAYMENTS.—If the court finds ‘‘(i) the need to provide restitution to the restitution. that the economic circumstances of the de- victims of the offense; ‘‘(3) GOOD FAITH.—Compliance with all pay- fendant do not allow the immediate payment ‘‘(ii) the financial ability of the defendant; ment directions imposed by paragraphs (5) of any substantial amount of the fine or as- ‘‘(iii) the economic circumstances of the and (6) shall be prima facie evidence of a sessment imposed, the court may direct the defendant, including the financial resources good faith effort under paragraph (2)(A), un- defendant to make nominal payments of not and other assets of the defendant and wheth- less it is shown that the defendant has con- less than $100 per year toward the fine or as- er any of those assets are jointly controlled; cealed or dissipated assets; sessment imposed. ‘‘(iv) the projected earnings and other in- ‘‘(4) ACCESS TO INFORMATION.—Notwith- ‘‘(9) INMATE FINANCIAL RESPONSIBILITY PRO- come of the defendant; standing any other provision of law, for the GRAM.—Court-imposed special payment di- ‘‘(v) any financial obligations of the de- purpose of enforcing a fine or assessment, a rections shall not limit the ability of the At- fendant, including obligations to dependents; United States Attorney may receive, with- torney General to maintain an Inmate Fi- ‘‘(vi) whether the defendant has concealed out the need for a court order, any financial nancial Responsibility Program that encour- or dissipated assets or income; and information concerning the defendant ob- ages sentenced inmates to meet their legiti- ‘‘(vii) any other appropriate cir- tained by a grand jury, the United States mate financial obligations. cumstances. Probation Office, or the Bureau of Prisons. ‘‘(10) ENFORCEMENT.— ‘‘(B) Any substantial resources from any ‘‘(5) PAYMENT SCHEDULE.— ‘‘(A) IN GENERAL.—The ability of the Attor- source, including inheritance, settlement, or ‘‘(A) IN GENERAL.—At sentencing, or at any ney General to enforce the fines and assess- other judgment, shall be applied to any out- time prior to the termination of a restitu- ment ordered under paragraph (1) shall not standing restitution obligation. ‘‘(8)(A) If the court finds that the economic tion obligation under section 3613 of this be limited by an appeal, or the possibility of circumstances of the defendant do not allow title, the court may— a correction, modification, amendment, ad- the payment of any substantial amount as ‘‘(i) impose special payment directions justment, or reimposition of a sentence, un- restitution, the court may direct the defend- upon the defendant or modify such direc- less the court expressly so orders, for good ant to make nominal payments of not less tions; or cause shown and stated on the record. than $100 per year toward the restitution ob- ‘‘(ii) direct the defendant to make a single, ‘‘(B) EXCEPTIONS.—Absent exceptional cir- ligation. lump sum payment, or partial payments at cumstances, as determined by the court, an ‘‘(B) Any money received from the defend- specified intervals. order limiting enforcement of a fine or as- ant under subparagraph (A) shall be dis- ‘‘(B) PERIOD OF TIME.—The period of time sessment shall— bursed so that any outstanding assessment over which scheduled payments are estab- ‘‘(i) require the defendant to deposit, in the imposed under section 3013 is paid first in lished for purposes of this paragraph shall be registry of the district court, any amount of full. the shortest time in which full payment can the fine or assessment that is due; ‘‘(9) Court-imposed special payment direc- reasonably be made. ‘‘(ii) require the defendant to post a bond tions shall not limit the ability of the Attor- ‘‘(C) REPATRIATION.—The court may direct or other security to ensure payment of the ney General to maintain an Inmate Finan- the defendant to repatriate any property fine or assessment that is due; or cial Responsibility Program that encourages that constitutes proceeds of the offense of ‘‘(iii) impose additional restraints upon the sentenced inmates to meet their legitimate conviction, or property traceable to such defendant to prevent the defendant from financial obligations. proceeds. transferring or dissipating assets.

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‘‘(C) OTHER ACTIVITIES.—No order described trieve damaged, lost, or destroyed property ‘‘(1) IN GENERAL.—In the case of a in subparagraph (B) shall restrain the ability (which shall not include payment of salaries preindictment protective order entered of the United States to continue its inves- of Government attorneys); or’’; and under subsection (a)(1), the defendant’s right tigation of the defendant’s financial cir- (D) in subparagraph (C), as so redesignated to a post-restraint hearing shall be governed cumstances, conduct discovery, record a lien, by this subsection, by inserting ‘‘or (B)’’ by paragraphs (1)(B) and (2) of section 413(e) or seek any injunction or other relief from after ‘‘subparagraph (A)’’; of the Controlled Substances Act (21 U.S.C. the court. (2) in paragraph (3), by striking ‘‘and’’ at 853(e)). ‘‘(11) SPECIAL ASSESSMENTS.—The require- the end; ‘‘(2) POST-INDICTMENT.—In the case of a ments of this subsection shall apply to the (3) in paragraph (4)— post-indictment protective order entered imposition and enforcement of any assess- (A) by inserting ‘‘(including attorneys’ fees under subsection (a)(1), the defendant shall ment imposed under section 3013 of this necessarily and reasonably incurred for rep- have a right to a post-restraint hearing re- title.’’. resentation of the victim, which shall not in- garding the continuation or modification of SEC. 1104. COLLECTION OF UNPAID FINES OR clude payment of salaries of Government at- the order if the defendant— RESTITUTION. torneys)’’ after ‘‘other expenses related to ‘‘(A) establishes by a preponderance of the Section 3612(b) of title 18, United States participation in the investigation or prosecu- evidence that there are no assets, other than Code, is amended to read as follows: tion of the offense’’; and the restrained property, available to the de- ‘‘(b) INFORMATION TO BE INCLUDED IN JUDG- (B) by striking the period and inserting ‘‘; fendant to retain counsel in the criminal MENT; JUDGMENT TO BE TRANSMITTED TO THE and’’; and case or to provide for a reasonable living al- ATTORNEY GENERAL.— (4) by adding at the end the following: lowance for the necessary expenses of the de- ‘‘(1) IN GENERAL.—A judgment or order im- ‘‘(5) in any case, reimburse the victim for fendant and the defendant’s lawful depend- posing, modifying, or remitting a fine or res- reasonably incurred attorneys’ fees that are ents; and titution order of more than $100 shall in- necessary and foreseeable results of the de- ‘‘(B) makes a prima facie showing that clude— fendant’s crime (which shall not include pay- there is bona fide reason to believe that the ‘‘(A) the name, social security account ment of salaries of Government attorneys).’’. court’s ex parte finding of probable cause number, mailing address, and residence ad- Subtitle B—Preservation of Assets for under subsection (a)(1) was in error. dress of the defendant; Restitution ‘‘(3) HEARING.— ‘‘(B) the docket number of the case; ‘‘(A) IN GENERAL.—If the court determines SEC. 1201. SHORT TITLE. ‘‘(C) the original amount of the fine or res- that the defendant has satisfied the require- titution order and the amount that is due This subtitle may be cited as the ‘‘Preser- ments of paragraph (2), it may hold a hearing and unpaid; vation of Assets for Restitution Act of 2007’’. to determine whether there is probable cause ‘‘(D) payment orders and directions im- SEC. 1202. AMENDMENTS TO THE MANDATORY to believe that the defendant, if convicted, posed under section 3572(d) and section 3664(f) VICTIMS RESTITUTION ACT. will be ordered to satisfy an order of restitu- of this title; and (a) IN GENERAL.—Chapter 232 of title 18, tion for an offense punishable by imprison- ‘‘(E) a description of any modification or United States Code, is amended by inserting ment for more than 1 year, and that the remission. after section 3664 the following: seized or restrained property may be needed ‘‘(2) TRANSMITTAL OF COPIES.—Not later ‘‘§ 3664A. Preservation of assets for restitu- to satisfy such restitution order. than 10 days after entry of the judgment or tion ‘‘(B) PROBABLE CAUSE.—If the court finds order described in paragraph (1), the court ‘‘(a) PROTECTIVE ORDERS TO PRESERVE AS- probable cause under subparagraph (A), the shall transmit a certified copy of the judg- SETS.— protective order shall remain in effect. ment or order to the Attorney General.’’. ‘‘(1) IN GENERAL.—Upon the Government’s ‘‘(C) NO PROBABLE CAUSE.—If the court SEC. 1105. ATTORNEY’S FEES FOR VICTIMS. ex parte application and a finding of prob- finds under subparagraph (A) that no prob- (a) ORDER OF RESTITUTION.—Section 3663(b) able cause to believe that a defendant, if able cause exists as to some or all of the of title 18, United States Code, is amended— convicted, will be ordered to satisfy an order property, or determines that more property (1) in paragraph (1)— of restitution for an offense punishable by has been seized and restrained than may be (A) in subparagraph (A), by striking ‘‘or’’ imprisonment for more than 1 year, the needed to satisfy a restitution order, it shall at the end; court— modify the protective order to the extent (B) by redesignating subparagraph (B) as ‘‘(A) shall— necessary to release the property that should subparagraph (C); ‘‘(i) enter a restraining order or injunction; not have been restrained. (C) by inserting after subparagraph (A) the ‘‘(ii) require the execution of a satisfactory ‘‘(4) REBUTTAL.—If the court conducts an following: performance bond; or evidentiary hearing under paragraph (3), the ‘‘(B) reimburse the victim for attorneys’ ‘‘(iii) take any other action necessary to court shall afford the Government an oppor- fees reasonably incurred in an attempt to re- preserve the availability of any property tunity to present rebuttal evidence and to trieve damaged, lost, or destroyed property traceable to the commission of the offense cross-examine any witness that the defend- (which shall not include payment of salaries charged; and ant may present. of Government attorneys); or’’; and ‘‘(B) if it determines that it is in the inter- ‘‘(5) PRETRIAL HEARING.—In any pretrial (D) in subparagraph (C), as so redesignated ests of justice to do so, shall issue any order hearing on a protective order issued under by this subsection, by inserting ‘‘or (B)’’ necessary to preserve any nonexempt asset subsection (a)(1), the court may not enter- after ‘‘subparagraph (A)’’; (as defined in section 3613) of the defendant tain challenges to the grand jury’s finding of (2) in paragraph (4)— that may be used to satisfy such restitution probable cause regarding the criminal of- (A) by inserting ‘‘(including attorneys’ fees order. fense giving rise to a potential restitution necessarily and reasonably incurred for rep- ‘‘(2) PROCEDURES.—Applications and orders order. The court shall ensure that such hear- resentation of the victim, which shall not in- issued under paragraph (1) shall be governed ings are not used to obtain disclosure of evi- clude payment of salaries of Government at- by the procedures under section 413(e) of the dence or the identities of witnesses earlier torneys)’’ after ‘‘other expenses related to Controlled Substances Act (21 U.S.C. 853(e)) than required by the Federal Rules of Crimi- participation in the investigation or prosecu- and in this section. nal Procedure or other applicable law. tion of the offense’’; and ‘‘(3) MONETARY INSTRUMENTS.—If the prop- ‘‘(c) THIRD PARTY’S RIGHT TO POST-RE- (B) by striking ‘‘and’’ at the end; erty in question is a monetary instrument STRAINT HEARING.— (3) in paragraph (5), by striking the period (as defined in section 1956(c)(5)) or funds in ‘‘(1) IN GENERAL.—A person other than the and inserting ‘‘; and’’; and electronic form, the protective order issued defendant who has a legal interest in prop- (4) by adding at the end the following: under paragraph (1) may take the form of a erty affected by a protective order issued ‘‘(6) in any case, reimburse the victim for warrant authorizing the Government to seize under subsection (a)(1) may move to modify reasonably incurred attorneys’ fees that are the property and to deposit it into an inter- the order on the grounds that— necessary and foreseeable results of the de- est-bearing account in the Registry of the ‘‘(A) the order causes an immediate and ir- fendant’s crime (which shall not include pay- Court in the district in which the warrant reparable hardship to the moving party; and ment of salaries of Government attorneys).’’. was issued, or into another such account ‘‘(B) less intrusive means exist to preserve (b) MANDATORY RESTITUTION TO VICTIMS OF maintained by a substitute property custo- the property for the purpose of restitution. CERTAIN CRIMES.—Section 3663A(b) of title dian, as the court may direct. ‘‘(2) MODIFICATION.—If, after considering 18, United States Code, is amended— ‘‘(4) POST-INDICTMENT.—A post-indictment any rebuttal evidence offered by the Govern- (1) in paragraph (1)— protective order entered under paragraph (1) ment, the court determines that the moving (A) in subparagraph (A), by striking ‘‘or’’ shall remain in effect through the conclusion party has made the showings required under at the end; of the criminal case, including sentencing paragraph (1), the court shall modify the (B) by redesignating subparagraph (B) as and any post-sentencing proceedings, until order to mitigate the hardship, to the extent subparagraph (C); seizure or other disposition of the subject that it is possible to do so while preserving (C) by inserting after subparagraph (A) the property, unless modified by the court upon the asset for restitution. following: a motion by the Government or under sub- ‘‘(3) INTERVENTION.— ‘‘(B) reimburse the victim for attorneys’ section (b) or (c). ‘‘(A) IN GENERAL.—Except as provided in fees reasonably incurred in an attempt to re- ‘‘(b) DEFENDANT’S RIGHT TO A HEARING.— subparagraph (B) or paragraph (1), a person

VerDate Aug 31 2005 01:43 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.050 S19APPT1 hmoore on PRODPC68 with HMSENATE April 19, 2007 CONGRESSIONAL RECORD — SENATE S4787 other than a defendant has no right to inter- court for the district in which the defendant AUTHORITY FOR COMMITTEES TO vene in the criminal case to object to the was sentenced may deny the request.’’. MEET entry of any order issued under this section (b) PREJUDGMENT REMEDIES.—Section 3101 or otherwise to object to an order directing of title 28, United States Code, is amended— COMMITTEE ON ARMED SERVICES a defendant to pay restitution. (1) in subsection (a)(1) by inserting after Mr. KLOBUCHAR. Mr President, I ‘‘(B) EXCEPTION.—If, at the conclusion of ‘‘the filing of a civil action on a claim for a ask unanimous consent that the Com- the criminal case, the court orders the de- debt’’ the following: ‘‘or in any criminal ac- mittee on Armed Services be author- fendant to use particular assets to satisfy an tion where the court may enter an order of ized to meet during the session of the order of restitution (including assets that restitution’’; and Senate on Thursday, April 19, 2007, a have been seized or restrained pursuant to (2) in subsection (d)— 9:30 a.m., in open session to receive tes- this section) the court shall give persons (A) by inserting after ‘‘The Government other than the defendant the opportunity to wants to make sure [name of debtor] will pay timony on the Department of Defense’s object to the order on the ground that the if the court determines that this money is management of costs under the Logis- property belonged in whole or in part to the owed.’’’ the following: tics Civil Augmentation Program third party and not to the defendant, as pro- ‘‘ ‘In a criminal action, use the following (LOCGAP) contract in Iraq. vided in section 413(n) of the Controlled Sub- opening paragraph: You are hereby notified The PRESIDING OFFICER. Without stances Act (21 U.S.C. 853(n)). that this [property] is being taken by the objection, it is so ordered. United States Government [the Govern- ‘‘(d) GEOGRAPHIC SCOPE OF ORDER.— COMMITTEE ON COMMERCE, SCIENCE, AND ment], which says that [name of debtor], if ‘‘(1) IN GENERAL.—A district court of the TRANSPORTATION United States shall have jurisdiction to convicted, may owe as restitution $ [amount]. The Government says it must take Ms. KLOBUCHAR. Mr. President, I enter an order under this section without re- ask unanimous consent that the Com- gard to the location of the property subject this property at this time because [recite the to the order. pertinent ground or grounds from section mittee on Commerce, Science, and ‘‘(2) OUTSIDE THE UNITED STATES.—If the 3101(b)]. The Government wants to make Transportation be authorized to hold a property subject to an order issued under sure [name of debtor] will pay if the court hearing during the session of the Sen- this section is located outside of the United determines that restitution is owed.’’’; ate on Thursday, April 19, 2007, at 10 States, the order may be transmitted to the (B) by inserting after ‘‘a statement that a.m., in room 253 of the Russell Senate different property may be so exempted with central authority of any foreign state for Office Building. The purpose of this service in accordance with any treaty or respect to the State in which the debtor resides.]’’’ the following: hearing is to discuss the importance of other international agreement. basic research to U.S. competitiveness ‘‘(e) NO EFFECT ON OTHER GOVERNMENT AC- ‘‘ ‘[In a criminal action, the statement TION.—Nothing in this section shall be con- summarizing the types of property that may in science. strued to preclude the Government from be exempt shall list only those types of prop- The PRESIDING OFFICER. Without seeking the seizure, restraint, or forfeiture erty that may be exempt under section 3613 objection, it is so ordered. of assets under the asset forfeiture laws of of title 18.]’’’; and COMMITTEE ON FINANCE. (C) by inserting after ‘‘You must also send the United States. a copy of your request to the Government at Ms. KLOBUCHUR. Mr. President, I ‘‘(f) LIMITATION ON RIGHTS CONFERRED.— ask unanimous consent that the Com- Nothing in this section shall be construed to [address], so the Government will know you want the proceeding to be transferred.’’’ the mittee on Finance be authorized to create any enforceable right to have the meet during the session of the Senate Government seek the seizure or restraint of following: ‘‘ ‘If this Notice is issued in conjunction property for restitution. on Thursday, April 19, 2007, at 10 a.m., with a criminal case, the district court ‘‘(g) RECEIVERS.— in 2125 Dirksen Senate Office Building, where the criminal action is pending may ‘‘(1) IN GENERAL.—A court issuing an order to hear testimony on ‘‘Grains, Cane, deny your request for a transfer of this pro- under this section may appoint a receiver ceeding.’’’. and Automobiles: Tax Incentives for under section 1956(b)(4) to collect, marshal, (c) ENFORCEMENT.—Section 3202(b) of title Alternative Fuels and Vehicles’’. and take custody, control, and possession of 28, United States Code, is amended— The PRESIDING OFFICER. Without all assets of the defendant, wherever located, (1) by inserting after ‘‘a statement that objection, it is so ordered. that have been restrained in accordance with different property may be so exempted with COMMITTEE ON HOMELAND SECURITY AND this section. respect to the State in which the debtor re- GOVERNMENTAL AFFAIRS ‘‘(2) DISTRIBUTION OF PROPERTY.—The resides.]’’’ the following: ceiver shall have the power to distribute Ms. KLOBUCHAR, Mr. President, I ‘‘ ‘[In a criminal action, the statement ask unanimous consent that the Com- property in its control to each victim identi- summarizing the types of property that may fied in an order of restitution at such time, be exempt shall list only those types of prop- mittee on Homeland Security and Gov- and in such manner, as the court may au- erty that may be exempt under section 3613 ernmental Affairs be authorized to thorize.’’. of title 18.]’’’; and meet on Thursday, April 19, 2007, at 9 (b) CONFORMING AMENDMENT.—The section (2) by inserting after ‘‘you want the pro- a.m. for a hearing titled ‘‘Dangerous analysis for chapter 232 of title 18, United ceeding to be transferred.’’’ the following: Exposure: The Impact of Global Warm- States Code, is amended by inserting after ‘‘ ‘If this notice is issued in conjunction ing on Private and Federal Insurance.’’ the item relating to section 3664 the fol- with a criminal case, the district court lowing: The PRESIDING OFFICER. Without where the criminal action is pending may objection, it is so ordered. ‘‘Sec. 3664A. Preservation of assets for res- deny your request for a transfer of this pro- titution.’’. ceeding.’’’. COMMITTEE ON THE JUDICIARY SEC. 1203. AMENDMENTS TO THE ANTI-FRAUD IN- Subtitle C—Environmental Crimes Ms. KLOBUCHAR. Mr. President, I JUNCTION STATUTE. Restitution ask unanimous consent that the Com- Section 1345(a) of title 18, United States SEC. 1301. SHORT TITLE. mittee on the Judiciary be authorized Code, is amended— This subtitle may be cited as the ‘‘Envi- to meet to conduct hearing on ‘‘De- (1) in paragraph (1)— ronmental Crimes Restitution Act of 2007’’. partment of Justice Oversight’’ on (A) in subparagraph (B), by striking ‘‘or’’ SEC. 1302. IMMEDIATE AVAILABILITY OF RES- Thursday, April 19, 2007 at 9:30 a.m., in at the end; and TITUTION TO VICTIMS OF ENVIRON- Hart Senate Office Building room 216. (B) by inserting after subparagraph (C) the MENTAL CRIMES. following: Section 3663(a)(1)(A) of title 18, United Witness ‘‘(D) committing or about to commit a States Code, is amended by striking ‘‘or sec- The Honorable Alberto Gonzales, At- Federal offense that may result in an order tion 5124, 46312, 46502, or 46504 of title 49,’’ and of restitution;’’; and inserting ‘‘paragraph (2) or (3) of section torney General, United States Depart- (2) in paragraph (2)— 309(c) of the Federal Water Pollution Control ment of Justice, Washington, DC. (A) by striking ‘‘a banking violation’’ and Act (33 U.S.C. 1319(c)), section 105(b) of the The PRESIDING OFFICER. Without all that follows through ‘‘healthcare offense’’ Marine Protection, Research, and Sanc- objection, it is so ordered. and inserting ‘‘a violation or offense identi- tuaries Act of 1972 (33 U.S.C. 1415(b)), section SELECT COMMITTEE ON INTELLIGENCE fied in paragraph (1)’’; and 9(a) of the Act to Prevent Pollution from Ms. KLOBUCHAR. Mr. President, I (B) by inserting ‘‘or offense’’ after ‘‘trace- Ships (33 U.S.C. 1908(a)), section 1423 or sub- ask unanimous consent that the Select able to such violation’’. section (a) or (b) of section 1432 of the Safe Committee on Intelligence be author- SEC. 1204. AMENDMENTS TO THE FEDERAL DEBT Drinking Water Act (42 U.S.C. 300h–2 and COLLECTION PROCEDURES ACT. 300i–l), subsection (d) or (e) of section 3008 of ized to meet during the session of the (a) PROCESS.—Section 3004(b)(2) of title 28, the Solid Waste Disposal Act (42 U.S.C. 6928), Senate on April 19, 2007 at 2:30 p.m. to United States Code, is amended by inserting paragraph (1) or (5) of section 113(c) of the hold a hearing. after ‘‘in which the debtor resides.’’ the fol- Clear Air Act (42 U.S.C. 7413(c)), or section The PRESIDING OFFICER. Without lowing: ‘‘In a criminal case, the district 46312, 46502, or 46504 of title 49,’’. objection, it is so ordered.

VerDate Aug 31 2005 02:18 Apr 20, 2007 Jkt 049060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A19AP6.050 S19APPT1 hmoore on PRODPC68 with HMSENATE S4788 CONGRESSIONAL RECORD — SENATE April 19, 2007 SPECIAL COMMITTEE ON AGING sistance from the Republican side of People’s Republic of China: the Senator Ms. KLOBUCHAR. Mr. President, I the aisle, and we weren’t able to do so. from Nebraska (Mr. HAGEL), the Sen- ask unanimous consent that the Spe- The bill had to be pulled from debate ator from Kansas (Mr. BROWNBACK), the cial Committee on Aging be authorized on the floor and put back on the cal- Senator from Oregon (Mr. SMITH), and to meet Thursday, April l9, 2007 from 10 endar for another day. Then we wanted the Senator from Florida (Mr. MAR- a.m. to noon in Dirksen 562 for the pur- to move to the Medicare prescription TINEZ). pose of conducting a hearing. Part D Program. Those of us on the f Democratic side think it is important Agenda to have a debate as to whether Medi- AMENDING THE ETHICS IN Biodentical Hormones. care can offer less expensive, more af- GOVERNMENT ACT OF 1978 The PRESIDING OFFICER. Without fordable drugs to seniors and disabled Mr. DURBIN. Madam President, I ask objection, it is so ordered. people. The pharmaceutical companies unanimous consent that the Homeland SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- don’t like this idea. The current sys- Security and Governmental Affairs AGEMENT, GOVERNMENT INFORMATION, FED- tem is very profitable for them. They Committee be discharged from further ERAL SERVICES, AND INTERNATIONAL SECU- have mounted a very expensive cam- consideration of H.R. 1130, and that the RITY paign to stop any suggestion of chang- Senate then proceed to its consider- Ms. KLOBUCHAR. Mr. President, I ing Medicare prescription Part D. It ation. ask unanimous consent that the Sub- would have been a lively debate, an im- The PRESIDING OFFICER. Without committee on Federal Financial Man- portant debate, followed closely by objection, it is so ordered. The clerk agement, Government Information, many seniors and their families but, will state the bill by title. Federal Services and International Se- unfortunately, once again, the Repub- The assistant legislative clerk read curity be authorized to meet on Thurs- lican minority, within their rights, as follows: day, April 19, 2007 at 2 p.m. for a hear- stopped us from moving to that impor- A bill (H.R. 1130) to amend the Ethics in ing entitled, ‘‘The Road Ahead: Imple- tant debate. Government Act of 1978 to extend the au- menting Postal Reform.’’ So for two very substantive issues, thority to withhold from public availability The PRESIDING OFFICER. Without we were stopped this week from the a financial disclosure report filed by an indi- objection, it is so ordered. kind of progress which I think people vidual who is a judicial officer or judicial SUBCOMMITTEE ON STRATEGIC FORCES expect us to make. Even if we disagree employee, to the extent necessary to protect the safety of that individual or a family Ms. KLOBUCHAR. Mr. President, I between the parties, there should be a ask unanimous consent that the Sub- member of that individual, and for other pur- spirit of cooperation here, at least poses. committee on Strategic Forces be au- when it comes to honest debate in a There being no objection, the Senate thorized to meet in open and closed reasonable period of time and then an proceeded to consider the bill. sessions during the session of the Sen- up-or-down vote and then move on, but Mr. DURBIN. Madam President, I ask ate on Thursday, April 19, 2007, at 2:30 we couldn’t reach that point this week. unanimous consent that the bill be p.m., to receive testimony on military Sadly, the only bill that passed was the read the third time and passed, the mo- space programs in review of the defense Court Security Act, as important as it tion to reconsider be laid upon the authorization request for fiscal year is. It should have passed very quickly table, without intervening action or 2008 and the future years defense pro- without controversy. It took us 2 days. debate. gram. Now we have a very important bill The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without before us, which I think is long over- objection, it is so ordered. objection, it is so ordered. due. I wish to thank Senator ALEX- The bill (H.R. 1130) was ordered to a Mr. DURBIN. Madam President, I ask ANDER from Tennessee and Senator third reading, was read the third time, unanimous consent that the order for BINGAMAN for being the lead sponsors and passed. the quorum call be rescinded. on this bill. I hope the debate tomor- The PRESIDING OFFICER. Without row will lead to some amendments the f objection, it is so ordered. beginning of next week and then to ORDERS FOR FRIDAY, APRIL 20, f passage. America needs to maintain 2007 PROGRAM the competitive edge in so many parts of our economy, particularly when it Mr. DURBIN. Madam President, I ask Mr. DURBIN. Madam President, we comes to manufacturing, and this bill unanimous consent that when the Sen- will return tomorrow in session to dis- could be very positive. ate completes its business today, it cuss the competitiveness bill now pend- stand adjourned until 10 a.m. Friday, ing and to have debate only and then f April 20; that on Friday following the consider amendments, and we hope to UNANIMOUS-CONSENT prayer and the pledge, the Journal of vote on it early next week. AGREEMENT—S. 761 proceedings be approved to date, the As far as our meeting this week in Mr. DURBIN. Madam President, I ask morning hour be deemed to have ex- the Senate, we are able to point to the unanimous consent that on Friday, pired, the time for the two leaders be passage of the court security bill, April 20, at 10:30 a.m, the Senate pro- reserved for their use later in the day; which is an important piece of legisla- ceed to the consideration of Calendar that there then be a period of morning tion. Unfortunately, it is a bill that No. 70, S. 761, the America COMPETES business until 10:30 a.m., with Senators took 2 days, and it should have taken Act, and that during Friday’s session permitted to speak therein for up to 10 20 minutes. During the course of 2 days, there be debate only with no amend- minutes each; that at 10:30 the Senate we had a general debate about budget ments in order to the bill; further, that begin consideration of S. 761, the Amer- deficits and a debate which started and on Tuesday, April 24, during consider- ica COMPETES Act, as provided for ended without a vote on splitting up ation of S. 761, Senator COBURN be rec- under a previous order. the Ninth Circuit. It was time for some ognized to speak for 1 hour. The PRESIDING OFFICER. Without Members to bring up issues of impor- The PRESIDING OFFICER. Without objection, it is so ordered. tance to them, but I would suggest we objection, it is so ordered. f have a limited amount to show for our f activity this week because of activities ADJOURNMENT UNTIL 10 A.M. on the other side of the aisle. APPOINTMENTS TOMORROW Twice we were stopped in efforts to The PRESIDING OFFICER. The Mr. DURBIN. Madam President, if call up important legislation. We want- Chair, on behalf of the President of the there is no further business today, I ed to have the reauthorization of the Senate, and after consultation with the ask unanimous consent that the Sen- intelligence agencies in America so Republican leader, pursuant to Public ate adjourn under the previous order. that they are prepared to deal in the Law 106–286, appoints the following There being no objection, the Senate, most effective way in fighting ter- Members to serve on the Congres- at 4:45 p.m., adjourned until Friday, rorism. Unfortunately, there was re- sional-Executive Commission on the April 20, at 10 a.m.

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TRIBUTE TO FLORINE MARK Over 60 years ago, the Nazi regime in Ger- inspiration to me and I am honored to recog- many began the wholesale slaughter of the nize their hard work. HON. SANDER M. LEVIN European Jewry. This occurred with little pub- Madam Speaker, I join my colleagues here OF MICHIGAN lic outrage in the United States and the inter- today in remembering the Holocaust. Though national community. The world, as well the there are still Holocaust deniers today, it is im- IN THE HOUSE OF REPRESENTATIVES American government under President Frank- perative that we never forget. Thursday, April 19, 2007 lin Delano Roosevelt, refused to act to save f Mr. LEVIN. Madam Speaker, it is with great European Jewry and that silence undoubtedly pride and admiration that I rise to congratulate contributed to the death of six million Jews, a TRIBUTE TO THE TUCKER HIGH Florine Mark on being a recipient of the Jew- million of whom were children. SCHOOL BOYS BASKETBALL TEAM ish Community Center of Metropolitan Detroit’s When we hear the number six million, we Jewish Community Boneh Kehillah Award. It is shudder. The enormity of that number is para- HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. my privilege to applaud Ms. Mark as a deserv- lyzing. Merely trying to count to six million OF GEORGIA ing community member and friend for her would take months. Imagining the Nazi death IN THE HOUSE OF REPRESENTATIVES many years of entrepreneurship, community machine executing so many human beings is Thursday, April 19, 2007 service, and civil activism on a day when she daunting. Particularly for those of us who have is being acknowledged for her vast achieve- not survived the Holocaust, absorbing the re- Mr. JOHNSON of Georgia. Madam Speaker, ments. ality of that destruction from survivors is so es- in the Fourth Congressional District of Geor- As President and Chairman of the Board of sential to passing on the history of the Holo- gia, only a few schools excel in competition on The WW Group, Inc., Ms. Mark displays a caust. a State level that ignites a community. keen business sense and devotion to pro- The moving museums and heart wrenching Under the leadership and guidance of moting the physical and mental well-being of memorials dedicated to the Holocaust across Coach James Hartry, the Tucker High School her fellow citizens, a commitment that she has the United States are vital in educating today’s Boys Basketball team has won a State Cham- worked diligenty to nurture and expand for youth about the horrors of the Holocaust, and pionship for the school, the city of Tucker and over 30 years. I want to commend all organizations and our beloved Fourth Congressional District. In addition to her successful business ca- groups that are committed to this important These Tenacious Tigers of Tucker have reer, Ms. Mark displays a devotion to the com- work. It is additionally critical that European demonstrated the will to win, the courage to munity at large and a gracious heart through countries preserve the glaring remnants of the win, the mechanics of teamwork and the as- her insight and support of local and national Holocaust that still exist today. Whether they tounding spirit of triumph from a mental and organizations on women’s issues, healthy life- are death camps, mass gravesites, ceme- physical battle. styles, and the preservation of our rich cultural teries, synagogues or other holy sites from The 9th day of March, 2007 will go down in heritage. The American Heart Association, De- pre-Holocaust Europe, European governments history as the day that our Tucker High School troit Institute for Children, Detroit Renaissance have an obligation to preserve those sites for Boys Basketball team became the AAAA and Seeds of Peace are just a few of the future generations. Sadly, numerous European Champions of Georgia. many organizations that have benefited from countries including Lithuania, Ukraine and Ro- The team exhibited great moral character on her involvement. mania have on occasion shirked their respon- and off the basketball court through the halls Beyond her role as a business leader and sibilities in this regard. of Tucker High. pillar of the community, Ms. Mark is also the While we remember the absolute devasta- I was pleased to set aside March 31, 2007, proud mother of 5 children and 19 grand- tion the Holocaust wrought on the Jewish to honor and recognize the Tucker High children who share a bond of giving and re- community, we also mark the strength of School Basketball Team for its victory for our ceiving to each other, their neighbors and those who heroically resisted the Nazis includ- District. community. ing those who fought in the Warsaw Ghetto f I am honored to express my gratitude and Uprising and at the Sobibor extermination admiration to Ms. Mark for the profound im- camp. TRIBUTE TO MARK D. LERNER, pact she has on the lives of men and women I am privileged to represent a large but VICE PRESIDENT OF THE AN- around the country and her impact on the dwindling population of Holocaust survivors in NETTE M. AND THEODORE N. Metro-Detroit Community. She truly exempli- my district. Many of these survivors rebuilt LERNER FAMILY FOUNDATION fies ‘‘Boneh Kehilla’’. their lives with nothing more than the shirt on Madam Speaker, I ask my colleagues to join their back. Today, based on the strong foun- HON. CHRIS VAN HOLLEN me in recognizing Ms. Mark on this momen- dations of those Holocaust survivors, the OF MARYLAND tous occasion. May she know of our admira- beautiful Jewish communities of Williamsburg, IN THE HOUSE OF REPRESENTATIVES tion and warmest wishes for continued suc- Midwood and Canarsie have flourished. These Thursday, April 19, 2007 cess. communities represent the best of Jewish life f and have been instrumental in resurrecting re- Mr. VAN HOLLEN. Madam Speaker, I rise ligious life in the aftermath of the Holocaust by today to pay tribute to Mark D. Lerner, Vice HOLOCAUST REMEMBRANCE DAY— creating synagogues, yeshivas, and other reli- President of The Annette M. and Theodore N. YOM HASHOAH gious institutions. Lerner Family Foundation, who will receive the Madam Speaker, I would like to take this ‘‘Chadesh Yameinu’’ (which means ‘renewing HON. EDOLPHUS TOWNS opportunity to recognize the efforts of organi- our days’ in Hebrew) Award from the Charles OF NEW YORK zations that have taken extraordinary steps in E. Smith Jewish Day School of Rockville, IN THE HOUSE OF REPRESENTATIVES servicing and caring for the Holocaust survivor Maryland, where Mr. Lerner has served as a population in my district: The Metropolitan board member and is a proud alumni parent. Thursday, April 19, 2007 Council on Jewish Poverty; The United Jewish Mr. Lerner’s vision of community service and Mr. TOWNS. Madam Speaker, I rise today Organizations of Williamsburg; The Council of his unswerving dedication to seeding tomor- to commemorate Yom HaShoah, Holocaust Jewish Organizations of Flatbush; The Jewish row’s leaders by supporting their education Remembrance Day. I join the Jewish commu- Community Council of Canarsie; The Con- today made him an ideal recipient for this nities of my district in Brooklyn, the entire ference of Jewish Material Claims Against prestigious award. American Jewish community, and the State of Germany; Peasch Tikvah and all the Bikkur Mark D. Lerner is a principal of Lerner En- Israel in recognizing this barbaric chapter of Cholim organizations. Their selfless work for terprises, the estate development, manage- world history. Holocaust survivors continues to serve as an ment, and investment company founded by his

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

VerDate Aug 31 2005 05:09 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.001 E19APPT1 jcorcoran on PROD1PC62 with REMARKS E788 CONGRESSIONAL RECORD — Extensions of Remarks April 19, 2007 father, Theodore N. Lerner, more than 50 Cowles’ father had also held this important arranging the purchase or sale of the com- years ago. In 2006, along with his father and role in the local government. pany. brothers-in-law, Mark became a principal Benton Cowles and his wife Teresa raised Although these votes are non-binding, owner of Major League Baseball’s Washington their family in Brownsville and have remained shareholders’ voices will be heard. Executives Nationals, in large part because of a ‘‘family deeply invested in the Edmonson County and boards of directors will have to give model’’ of ownership lauded by Major League Community. Outside his role in the local gov- weight to the shareholders opinions when de- Baseball as the ideal way to ensure continuity ernment, Mr. Cowles has spent time as a ciding on what the gold-plated packages of ex- and growth, both for the team and for the member of the Chamber of Commerce, the ecutives will look like. And, it will let execu- greater Washington community. Mark believes Brownsville Education Site based decision tives know they are being watched when ne- in a vision of athletics as a catalyst for civic making council, and has volunteered with the gotiating the selling price of a company while renewal and that vision extends to his many Boy Scouts of America. He has also served as simultaneously negotiating an additional per- other professional business interests. a damage coordinator for the Edmonson sonal exit package. Mark’s dedication to community service is il- County Department of Emergency Manage- A similar shareholder vote has been in prac- lustrated by his impressive record of vol- ment. tice in the United Kingdom since 2003 and is unteerism and philanthropy, whether serving On behalf of the countless men and women now used in Australia as well. The policy is as a valued board member or participating in who have benefited from his skill and gen- credited with improving management/shareholder dialogue on executive compensation the daily life of institutions fighting for the erosity, I would like to express my profound matters and increasing the use of long-term causes he champions. As Vice President of appreciation to Mr. Cowles for his years of performance targets in incentive compensa- The Annette M. and Theodore N. Lerner Fam- service and wish him a happy and healthy re- tion. It was recently adopted voluntarily by ily Foundation, he provides generous support tirement. Aflac, and according to Institutional Share- It is my privilege to recognize Mr. Benton to Jewish organizations in the fields of higher holder Services, is currently pending before 52 Cowles today, before the entire U.S. House of education, community-building, religious life, companies. I urge my colleagues to support Representatives, for his exemplary citizenship and tolerance. Pairing his investment in H.R. 1257 and make it the norm for all U.S. strengthening Jewish communal life with his and community leadership. His unique con- companies. passion for athletics, he has co-chaired the tributions to the Edmonson County community f JCC Maccabi Games of Greater Washington make him an outstanding American, worthy of and continues to seek out opportunities to fos- our collective honor and respect. CONGRATULATING THE EMPLOY- ter community through sport. f EES OF HOLCIM IN THEODORE, Mark Lerner has displayed an unwavering AL ON RECEIVING THE 2006 commitment to the Charles E. Smith Jewish SHAREHOLDER VOTE ON COUNCIL OF STATE GOVERN- Day School throughout his years of involve- EXECUTIVE COMPENSATION ACT MENTS ASSOCIATES AWARD FOR ment as a parent, alumni parent, and stead- CORPORATE CITIZENSHIP SPEECH OF fast supporter. He chaired the Building Com- mittee of Operation Excellence, the CESJDS HON. JANICE D. SCHAKOWSKY HON. JO BONNER campaign for the construction of the state-of- OF ILLINOIS OF ALABAMA the-art Lower and Upper School campuses. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Until recently, he also was a member of the Wednesday, April 18, 2007 Thursday, April 19, 2007 Board of Directors and chaired the Building and Grounds Committee. His expertise in the Ms. SCHAKOWSKY. Mr. Chairman, I rise Mr. BONNER. Madam Speaker, today I rise area of real estate management has guided today in strong support of H.R. 1257, the to honor the Holcim cement plant in Theodore, the school’s expansion and ensured that its Shareholder Vote on Executive Compensation Alabama, for winning the Council of State students are equipped to thrive in a space that Act, which ensures that shareholders have a Governments (CSG) Associates award for outstanding corporate citizenship. nourishes their love of learning. say in corporate executive compensation The CSG Associates award recognizes CESJDS honors a distinguished member of plans and golden parachute packages for ex- those who have shown great dedication in our community every year with the ‘‘Chadesh ecutives who are negotiating the purchase or sale of the company. service to their communities. The nominations Yameinu’’ Award. With a name drawn from a for the award are submitted by state officials Hebrew prayer that refers to ‘‘renewing our For too long, executive compensation has been determined behind closed boardroom from across the country, and the CSG leader- days,’’ the Chadesh Yameinu Award ex- ship then chooses a winner. The 156 employ- presses the school’s appreciation for the re- doors. The results have been that executives’ pay has skyrocketed to the point of absurdity. ees of the Holcim Theodore plant were hon- cipient’s contribution to the institution’s contin- ored with this prestigious award for their serv- ued vitality and, by extension, to the promise In 1991, the average large-company CEO received roughly 140 times the pay of an aver- ice to the Theodore community—and sur- of a bright Jewish tomorrow. rounding areas—in the aftermath of Hurricane Madam Speaker, I ask my colleagues to join age worker. In 2003, the ratio was up to 500 to 1. It takes CEOs of the Nation’s top compa- Katrina. me in paying tribute to Mark D. Lerner, whose There are two specific efforts of the employ- nies the first two hours of the first workday of commitment to Jewish education and his lead- ees of the Theodore plant that were high- ership in community service and philanthropy the new year to make $10,712. It takes a min- lighted by the award. First, Holcim played a serve as a shining example to future genera- imum wage worker 40 hours a week, 52 key role in rebuilding the Bayou La Batre tions. weeks a year to make the same. According to Rural Health Clinic. This clinic, serving mostly a report by Americans United for Change, f the less fortunate, was destroyed by Hurricane those CEOs make $5,279 an hour, Katrina and then, only days before its reopen- HONORING BENTON COWLES $10,982,000 a year, or 1,025 times more than ing, was ravaged by a fire. With the help of their minimum wage employees. other local industries, Holcim led fundraising HON. RON LEWIS These numbers are even more stunning efforts to rebuild the clinic, contributing OF KENTUCKY when one considers that those salaries are $50,000 of the $120,000 raised. IN THE HOUSE OF REPRESENTATIVES not based on performance. As hearings held Holcim also sponsored two students from by Chairman FRANK have shown, even execu- Thursday, April 19, 2007 Morehouse School of Medicine in Atlanta as tives of companies that lose money, restate temporary summer staff at the clinic. Mr. LEWIS of Kentucky. Madam Speaker, I earnings, and face extensive regulatory scru- Second, the CSG Associates recognized rise today to pay tribute to Benton Cowles, a tiny have received substantial compensation Holcim for its efforts towards rebuilding new remarkable public servant and friend from my packages. homes in Theodore for those who were dis- home State of Kentucky. Mr. Cowles recently The Shareholder Vote on Executive Com- placed by Hurricane Katrina. Joining with announced his intention to retire as the pensation Act would help hold board members Habitat for Humanity, Holcim donated concrete Edmonson County Property Valuation Admin- accountable when setting executive pay by al- for 11 new homes, while Holcim employees istrator after 21 years of service. lowing shareholders to vote on whether they volunteered their time and effort to build the Benton Cowles has served the Edmonson approve of the compensation packages or not. new homes. County community for the past three decades; It would also give shareholders the right to Holcim’s honors, however, do not stop with first as Deputy PVA and then as PVA, a posi- vote on golden parachute packages that ex- the CSG Associates award. They have re- tion he has held for the past 21 years. Mr. ecutives may negotiate for themselves when ceived honors not only at the local level but

VerDate Aug 31 2005 05:09 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.004 E19APPT1 jcorcoran on PROD1PC62 with REMARKS April 19, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E789 also the national level. Recently, the Theodore TAXPAYER PROTECTION ACT OF This day has special significance for Jews, plant won the Environmental Performance 2007 the main target of Nazi atrocities. I represent award from the Portland Cement Association. many constituents who are Holocaust sur- Additionally, Dow Jones Sustainability Index SPEECH OF vivors and many more that lost friends, rel- named Holcim as ‘‘Leader of Industry,’’ and for HON. SILVESTRE REYES atives and loved ones. We mourn their loss; four years, Holcim has been noted in the Dow OF TEXAS honor their memory; and unite in opposition to Jones Sustainability World Index and the Dow acts of bigotry and intolerance. IN THE HOUSE OF REPRESENTATIVES Jones STOXX Sustainability Index in Europe. We also pause to remember the innocent Holcim (US) Inc. is one of the Nation’s lead- Tuesday, April 17, 2007 people of Darfur. The mass killings, acts of ing manufacturers and suppliers of cement Mr. REYES. Madam Speaker, I rise today in rape, and displacement of innocent civilians and mineral components. With 14 manufac- strong support of H.R. 1677, the Taxpayer occurring daily in Darfur is unconscionable turing plants and over 70 distribution facilities Protection Act of 2007. and must end. This is a moment in human his- in the United States, the Holcim Theodore This bill accomplishes several important ob- tory when the poignant expression ‘‘Never plant is a shining star in Holcim’s corporate jectives. It cracks down on websites that at- Again’’ must be repeated over and over again, constellation. tempt to strip unwitting consumers of sensitive coupled with real action to end this tragic pe- Madam Speaker, I ask my colleagues to join information by imitating the IRS website. Elec- riod of human suffering. with me in congratulating the Holcim cement tronic filing is on the rise, which is good for This year, as we commemorate Holocaust plant in Theodore, Alabama, for all of their both consumers and the IRS, and we must Martyrs’ and Heroes’ Remembrance Day on great accomplishments. I know the plant man- make sure Americans feel comfortable and se- Capitol Hill, we pause to remember one Holo- ager, Joe McFalls, the employees, their cure when paying their taxes online. caust survivor, Professor Liviu Librescu, who friends, families, and members of the commu- This legislation would also require the IRS was tragically killed on the campus of Virginia nity join with me in praising Holcim for their to notify a taxpayer when it becomes evident Tech protecting his students from a gunman many accomplishments, and I extend thanks in the course of a tax fraud investigation that who murdered 32 innocent people. for their continued service to Mobile County he or she may have been the victim of identify His death occurred on Monday, April 16, the and the First Congressional District. theft. In the past, when presented with evi- day Israelis commemorated Yom Hashoah. dence of such fraud, the IRS, incredulously, A native of Romania, Liviu Librescu survived f would not apprise an individual of the serious the Holocaust, endured years of communist situation he or she was facing. This must oppression in Eastern Europe, immigrated to TRIBUTE TO THE UNIVERSITY change. Israel in 1978 and then relocated to the United OF WISCONSIN WHITEWATER In addition, the bill would also simplify tax States where he taught engineering science WHEELCHAIR BASKETBALL filing requirements for businesses owned joint- and mathematics. TEAM ly by a husband and wife and make it easier Before the tragedy at Virginia Tech, Pro- for a married couple to file as a single propri- fessor Librescu was known as a passionate, HON. TAMMY BALDWIN etor of a business rather than as a partner- world class educator who dedicated his life to ship. It increases consumer protections from teaching students. Now, he will also be re- OF WISCONSIN predatory providers of refund anticipation membered as the hero who saved lives by IN THE HOUSE OF REPRESENTATIVES loans, gives taxpayers more time to recover blocking a doorway from an oncoming killer, Thursday, April 19, 2007 property seized improperly by the IRS, and allowing students to escape to safety. Pro- fessor Librescu sacrificed his life, so that oth- Ms. BALDWIN. Madam Speaker, I rise updates federal law to stop certain forms of ers may live. His selfless action in the face of today in recognition of the University of Wis- tax fraud. Perhaps most importantly, this bill would such terrifying danger epitomizes the heroism consin-Whitewater Wheelchair Basketball strengthen our outreach to people entitled to and courage that defined Liviu Librescu’s life. team, who—in a stunning display of cash back on their tax returns under the May the memory of Liviu Librescu, the six athleticism and courage, captured the 2007 Earned Income Tax Credit (EITC). The EITC million Jews who perished in the Holocaust, National Intercollegiate Wheelchair Basketball is effective because it rewards work. The fami- and the victims of genocide in Darfur be Championship. lies of Americans who work hard but don’t blessed for all eternity. Led by Coach Tracy Chynoweth, the earn a lot should not be forced to live in pov- Warhawks capped an extraordinary season by f erty. However, recent evaluations have shown defeating the Fighting Scots of Edinboro Uni- that approximately 25 percent of hardworking RECOGNITION OF versity to win their fourth national champion- households eligible for the EITC have not SUPERINTENDENT PAUL VRANISH ship in 5 years. UW–Whitewater coiled a 28– claimed it, and billions of dollars in targeted 2 season record, with a conference record of tax credits did not end up in the hands of the HON. CIRO D. RODRIGUEZ 18–0. workers who needed them most. OF TEXAS The Warhawks were led by freshman stand- When hundreds of millions of Americans IN THE HOUSE OF REPRESENTATIVES out Joe Chambers, who averaged 15 points step up to invest in their country by paying Thursday, April 19, 2007 and 10 rebounds this season and registered their taxes, they must know that Congress is 23 points and 12 rebounds in the champion- looking out for their best interests. By passing Mr. RODRIGUEZ. Madam Speaker, I rise ship game. His play was complemented by this bill, we are doing just that. here today to pay tribute to a great educator: National Play-of-the-Year Matt Scott, who I thank my colleagues and urge passing of Mr. Paul Vranish, Superintendent for Tomillo averaged 14.5 points per game, including 14 the bill. Independent School District. The Texas Edu- points and 9 rebounds against Edinboro. ‘‘It’s f cation Agency named Mr. Vranish the Com- an honor to be a part of this team,’’ said munities in Schools Superintendent of the Chambers. ‘‘We clicked on all cylinders and RECOGNIZING YOM HASHOAH, HOL- Year. played like a band of brothers.’’ The OCAUST MARTYRS’ AND HEROES’ Mr. Vranish became the Superintendent of Warhawks are favored to return to the Na- REMEMBRANCE DAY Tomillo ISD in June 2002. He was recognized tional Title game next year as they lose only for his part in his ‘‘Parent Chats’’ program one player from this year’s championship HON. KENDRICK B. MEEK which encourages better communication be- team. OF FLORIDA tween the community and the school district. Winning the title in front of 1,750 fans, the IN THE HOUSE OF REPRESENTATIVES Along with increasing dialogue between the Warhawks brought tremendous victory home district officials and the public, Mr. Vranish has to the great state of Wisconsin and estab- Thursday, April 19, 2007 also worked to bring his students and commu- lished their dominance as the premiere wheel- Mr. MEEK of Florida. Madam Speaker, I rise nity the information and technology they need chair basketball program in the country. I sin- today to join my colleagues and my constitu- to excel in the world by providing increased cerely congratulate the University of Wis- ents in solemn recognition of Yom Hashoah, computer access and free high-speed internet consin-Whitewater Wheelchair Basketball or Holocaust Martyrs’ and Heroes’ Remem- access to Tomillo, a small Texas town near team for their remarkable achievements and brance Day; a special day where we mourn the Mexico border. wish them the best of luck in their quest to re- the millions of Jews who perished at the Mr. Varnish is a dedicated educator who peat as National Champions. hands of the Nazis. has done much to provide a quality education

VerDate Aug 31 2005 05:31 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.007 E19APPT1 jcorcoran on PROD1PC62 with REMARKS E790 CONGRESSIONAL RECORD — Extensions of Remarks April 19, 2007 for his students and community. I wish to con- massacre at Virginia Tech. I join a country and helped CDC become a major force in the gratulate Mr. Vranish for receiving the Com- Congress, especially my colleague from Vir- global polio eradication initiative. Bob is a re- munities in Schools Superintendent of the ginia, that are still experiencing profound cipient of the William C. Watson Jr. Medal of Year from the Texas Education Agency. mourning and shock. I extend my deepest Excellence, Public Health Advisor of the Year f sympathies to the families and friends of all Award from the Watsonian Society, the Philip the Virginia Tech victims. We all continue to Home Award from NIP, and the CDC Founda- TRIBUTE TO WILLIAM CLAY FORD, have the injured victims in our prayers. tion Heroes Award. JR. I particularly want to recognize the heroism Bob worked closely with the CDC Founda- of Virginia Tech Professor, Liviu Librescu, who tion, CDC colleagues, Rotary International, HON. SANDER M. LEVIN was gunned down while blocking his class- and partners to help establish the Polio Eradi- OF MICHIGAN room door while he and his students were cation Heroes Fund. This fund honors those IN THE HOUSE OF REPRESENTATIVES under attack, ultimately sacrificing his own life injured or killed while working on vaccination Thursday, April 19, 2007 for those of his students. campaigns with recognition and a cash award for their families. Bob also helped the CDC Mr. LEVIN. Madam Speaker, I rise to con- Mr. Librescu, age seventy-six, was born in Foundation establish the Endowment for Glob- gratulate William Clay Ford, Jr., on being a re- Romania and survived the Holocaust and his al Health Priorities, providing a flexible funding cipient of the Jewish Community Center of interment in a labor camp and Focsani ghetto. source for essential services and equipment Metropolitan Detroit’s ‘‘City of Detroit’’ Boneh He and his family later survived the oppres- for CDC’s global health activities. This endow- Kehillah Award. Mr. Ford displays an unwaver- sion of the Romanian dictator, Nicolae ment has been especially useful to support ac- ing devotion, as a business and community Ceaucescu, and ultimately left Romania for Israel after then Israeli Prime Minister, tivities in the field. leader, to the people and the company that Although not part of his official duties, Bob Menachem Begin, personally intervened for help define Detroit as the Motor City. It is my is the developer and administrator of CDC privilege to acknowledge Mr. Ford for his ex- the family’s release. He came to Virginia Tech Chatter.net, an unofficial blog for CDC em- emplary commitment to the growth of 21st to teach in 1986. ployees. century innovation and ushering in a renewed Liviu Librescu was a celebrated scientist Bob is known as an innovative leader, a su- sense of community and pride to the citizens who was an expert in composite structures perb manager and creative trainer, and, at of Metro Detroit. and aeroelasticity, which worked earned him times, a rabble-rouser. He has served as an Among the many titles Mr. Ford has held NASA grants and other prestigious awards for informal mentor to many and has gained deep throughout his career with Ford Motor Com- his impressive work. respect and friendship from colleagues around pany, he is most notably recognized for serv- Madam Speaker. Liviu Librescu is to be bur- the world. Not quite ready to put his feet up, ing as the President and CEO of Ford Motor ied imminently in his native Israel. Bob plans to ride his recumbent tricycle Company and for his continuing role as execu- Yesterday, the Jewish community, in my na- across the United States this summer before tive chairman of the board of directors. Mr. tive Brooklyn, volunteered to hold a service for joining Gloria, his wife, in London where she Ford is a proven leader in the automotive in- Mr. Librescu in Borough Park and hundreds of will continue her career in school counseling. dustry and a conscientious environmentalist, a Brooklyn residents gathered to pay their re- I congratulate him on his achievements. combination that allows him to promote tech- spects to Mr. Librescu and his widow Marlena f nology that improves our lives while investing Librescu, before they returned to Israel. The in Michigan’s economic future and preserving care and concern shown by the Brooklyn com- INTRODUCTION OF THE TEACH our planet. munity for the Librescus, was truly remarkable. FOR AMERICA ACT Mr. Ford displays a commitment to the I think New York State Assemblyman, Dov spread of ideas and humanitarianism that Hikind, said it best when he remarked about HON. CHRIS VAN HOLLEN reach far beyond the walls of the boardroom. Mr. Librescu that, ‘‘not only was he a hero of OF MARYLAND He humbly utilizes his resources to give back the Jewish people, but a hero of all people’’. IN THE HOUSE OF REPRESENTATIVES to the community and takes an active role in May his remembrance be a blessing. Thursday, April 19, 2007 organizations that promote regional economic f revitalization such as Detroit Renaissance and Mr. VAN HOLLEN. Madam Speaker, I rise the Detroit Economic Club. Mr. Ford inherited TRIBUTE TO BOB KEEGAN today to introduce the Teach for America Act a name that is easily identified with Detroit, and to ensure that this important program gets but it is his actions and personal convictions HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. the Federal support it needs to expand and that ultimately define him as a spirited leader put more outstanding recent college graduates OF GEORGIA in our Nation’s underserved schools. I thank in our community. IN THE HOUSE OF REPRESENTATIVES I am honored to express my gratitude and my bipartisan cosponsors, Congressman CAS- admiration to Mr. Ford. He truly exemplifies Thursday, April 19, 2007 TLE, Congresswoman DELAURO, Congressman REGULA, and Congressman SARBANES, for ‘‘Boneh Kehillah’’ through his on-going efforts Mr. JOHNSON of Georgia. Madam Speaker, to foster a bold plan for the future of Metro their work on this issue. after nearly 33 years of service with the Cen- Teach for America is a national corps of col- Detroit and its workers. ters for Disease Control (CDC), Bob Keegan, lege graduates of all academic majors who Madam Speaker, I ask my colleagues to join deputy director of the Global Immunization Di- me in recognizing Mr. Ford on this momentous commit two years to teach in public schools. vision, retired on March 30, 2007. Bob spent Since its creation in 1990, more than 12,000 occasion. May he know of our admiration and the first 11 years of his career in STD control, warmest wishes for continued success. exceptional individuals have joined Teach for first as a public health advisor in Newark, NJ, America and directly impacted the lives of f and New York City; as STD regional training over 2 million students in under-resourced OFFERING HEARTFELT CONDO- instructor in Atlanta; as deputy to Marty Gold- schools across the country. LENCES TO THE VICTIMS AND berg in Houston, TX; and finally as the STD What’s more, when these teachers leave THEIR FAMILIES REGARDING education specialist in Atlanta. the program, they often continue to work in THE HORRIFIC VIOLENCE AT From 1985 to 1990, Bob coordinated CDC’s education and public service. Sixty-three per- VIRGINIA TECH AND TO STU- Refugee Health Activities in Southeast Asia, cent of Teach for America alumni remain in DENTS, FACULTY, ADMINISTRA- helping to assure that refugees from Vietnam, education as teachers, principals, school TION AND STAFF AND THEIR Cambodia, and Laos were immunized and founders, and policy advisors. Others pursue FAMILIES WHO HAVE BEEN AF- treated for communicable diseases. work in fields such as law, medicine, and so- FECTED In 1991, Bob joined the newly formed Polio cial work where they continue to increase op- Eradication Activity, which had a staff of six portunities for children living in low-income SPEECH OF and an annual budget of $3 million. Since that communities. HON. EDOLPHUS TOWNS time, the Activity has grown to become the Madam Speaker, 17 years of experience Global Immunization Division, GID, with a staff have proven that Teach for America is a pro- OF NEW YORK of 100, and an annual budget of more than gram that works. We in Congress have sup- IN THE HOUSE OF REPRESENTATIVES $140 million. GID has expanded to include ported this program in the past. Our bill would Wednesday, April 18, 2007 measles mortality reduction and regional elimi- cement our partnership with this important ini- Mr. TOWNS. Madam Speaker, I rise today nation, and routine immunization strength- tiative by making Teach for America a feder- to express my sorrow and disbelief over the ening. As the deputy director of GID, Bob has ally-authorized program. It would help Teach

VerDate Aug 31 2005 05:09 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.011 E19APPT1 jcorcoran on PROD1PC62 with REMARKS April 19, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E791 for American expand its recruitment, selection, As today is Holocaust Remembrance Day, I is to listen to the stories of those few remain- training, and support of new teachers. It would would like to extend special recognition to one ing survivors of the Holocaust and ensure that put more enthusiastic, outstanding teachers in of the 32 victims of this unbelievable catas- their stories and their suffering are a perma- high-need schools. And it would help the pro- trophe. Liviu Librescu, 76 at the time of his nent part of history. gram build new leaders in education and pub- death, had known tragedy since childhood. Today we honor and mourn those who per- lic service. When Romania joined forces with Nazi Ger- ished. We vow to live our lives in a way that I urge my colleagues to join me to pass the many in World War II, the young Librescu was pays tribute to their memory and ensures oth- Teach for America Act. Let’s help this excep- interned in a labor camp, and then sent along ers will not suffer their fate. tional and proven program expand its reach with his family and thousands of other Jews to f and reduce teacher shortages in the areas a central ghetto in the city of Focsani. Hun- where their services are so desperately need- dreds of thousands of Romanian Jews were IN HONOR AND IN MEMORY OF ed. killed by the collaborationist regime during the ARMY SPECIALIST ROBERT MAT- THEW MCDOWELL f war, yet Liviu Librescu survived. Liviu Librescu was an internationally re- HONORING CAMPBELLSVILLE spected aeronautics engineer and a lecturer at HON. JO BONNER UNIVERSITY Virginia Tech for 20 years. He saved the lives OF ALABAMA of several students by blocking the gunman IN THE HOUSE OF REPRESENTATIVES HON. RON LEWIS before he was gunned down in the shooting. Thursday, April 19, 2007 OF KENTUCKY I know that Professor Librescu would join Mr. BONNER. Madam Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES me in expressing solidarity with Jews across this Nation and around the world in honoring to honor the life of a brave, young man who Thursday, April 19, 2007 Holocaust Remembrance Day, or as it is recently made the ultimate sacrifice in defense Mr. LEWIS of Kentucky. Madam Speaker, I known in Hebrew, Yom HaShoah. of his country while helping to spread freedom rise today to congratulate Campbellsville Uni- My district, the 9th Congressional District of abroad. versity on the occasion of its Centennial Cele- Illinois, is home to the largest concentration of Army SPC Robert Matthew McDowell, a bration. survivors in the State of Illinois and perhaps in young man whose family lives in Mobile, was Founded in 1906 as the Russell Creek the country, and this day holds deep meaning on his second tour of duty in Iraq. He served Academy, Campbellsville University’s origins for those individuals and the entire community. as a military policeman and was based at Fort were concentrated on primary, secondary, Recent events in the Middle East and Drum, New York, with the Army’s 10th Moun- teacher and pastor training. The following around the world underscore the importance tain Division. year, the academy added classes in music, art of this day. Anti-Semitic and anti-Israel rhetoric Matt recently returned to Iraq after being on and a diploma program that included Greek, and demonstrations continue in numerous leave for the birth of his son, Nathan Matthew modern languages, algebra, and ancient his- countries. The Iranian President, Mahmoud McDowell. One of the last photos made of tory. Over the last 100 years, Campbellsville Ahmadinejad, has threatened to use nuclear Matt was of him holding his newborn baby boy University has grown to over 2,200 students weapons to wipe Israel off the face of the in his proud, loving arms. It is a photo that, no with 40 undergraduate programs and 9 grad- map. doubt, young Nathan Matthew will look back uate programs. With anti-Semitism on the rise, we must be on with great pride in the years to come. Throughout its first century, Campbellsville reminded that ‘‘Never Again’’ is not a guar- Unfortunately, Matt was serving as the gun- University has firmly established itself as a antee, but a pledge that we must uphold ner on a heavy-duty Army vehicle on patrol in leading institution of Higher Christian Edu- through education, dialogue, and determina- Baghdad—a very dangerous assignment— cation in Kentucky, across the country, and in tion. It also reminds us that we must continue when insurgents detonated an improvised ex- far corners of the world. The long tenure and to strengthen the U.S. commitment to the se- plosive device. continued success of the university is due in curity of Israel. Moreover, we must redouble Madam Speaker, at this difficult time, it is large part to an impressive fidelity to its mis- our efforts to bring lasting peace to the Middle only appropriate for us to pause and give sion: academic excellence solidly grounded in East. thanks to God that there are still young men the liberal arts, personal growth, integrity, and ‘‘Never Again’’ means that we must combat like Matt McDowell. fellowship. hate wherever it exists. While the Holocaust His life and actions personify the very best I am honored to represent Campbellsville was a unique incident, a genocide is taking America has to offer. I know his many friends University in the United States Congress. The place right in front of our eyes in the Darfur re- and family, as well as his comrades in the university exemplifies Christian Service gion of Sudan. In February 2006 I traveled to United States Army, while mourning the loss through its consistent leadership in community Darfur where President Bush and the U.S. of this fine young man, are also taking this op- affairs throughout the region. When new chal- Congress have officially acknowledged’ ’geno- portunity to remember his many accomplish- lenges arise in surrounding communities, cide’’ is taking place. The conflict has spilled ments and to recall the fine gift they each re- Campbellsville University is always first to face across international borders and hundreds of ceived simply from knowing him and having the task and work toward solutions. thousands have fled into Chad. The window to him as an integral part of their lives. It is my great privilege to recognize Camp- provide security and hope is narrowing. Ac- Madam Speaker, I urge my colleagues to bellsville University today before the entire cording to the Commander of the African take a moment and pay tribute to SPC Matt U.S. House of Representatives for 100 years Union forces who briefed the participants of McDowell and his selfless devotion to not only of excellence, producing generations of tal- my Congressional Delegation in Darfur, our country and the freedom we enjoy but to ented, service-minded citizens who continue to ‘‘There is no sense of urgency outside.’’ a people who are in the demanding but impor- make significant contributions to our world. As a Jew, I cannot sit idle while these atroc- tant stages of a new life—a new freedom—in f ities continue to unfold in Darfur. The lessons their own land. from the Holocaust have taught us that we We should also remember his wife, Daniella HONORING HOLOCAUST must never turn a blind eye to terror or dis- McDowell; his daughter, Madison McDowell, REMEMBRANCE DAY crimination. We must demand that our govern- his son, Nathan McDowell; his father and ment hold those who carry out acts of need- stepmother, Kim and LaDonna McDowell; his HON. JANICE D. SCHAKOWSKY less brutality accountable. I believe that every- mother, Kathy Jo Kallahan; his brother, Mi- OF ILLINOIS one should take a moment today to consider chael McDowell; his four stepbrothers, Neal IN THE HOUSE OF REPRESENTATIVES the role of the U.S. in the prevention and pros- Dickman, Andy Dickman, Tyler Dickman, and ecution of genocide. Grant Dickman; and his other relatives and Thursday, April 19, 2007 The Holocaust was the most horrific human many friends. Our prayer is that God will give Ms. SCHAKOWSKY. Madam Speaker, be- atrocity the world saw during the last century them the strength and courage that only He fore I begin my remarks, I would like to take and perhaps in the history of the planet. Mil- can provide to sustain them during the difficult a moment to send my prayers and condo- lions of Jews and others were brutalized, days ahead. lences to the entire Virginia Tech community. raped, beaten, dehumanized, enslaved, Madam Speaker, Matt’s daughter, Madison, The Nation and world are mourning with you. robbed, and murdered. While it is hard to recently wrote a poem about her Dad. With The United States Congress stands at your grasp how terrible those events must have your permission, I would like to add it into the side. been, what all of our children, and we must do CONGRESSIONAL RECORD:

VerDate Aug 31 2005 05:09 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A19AP8.015 E19APPT1 jcorcoran on PROD1PC62 with REMARKS E792 CONGRESSIONAL RECORD — Extensions of Remarks April 19, 2007 My Daddy’s not your average Dad The mission of IIABNY, working in the the war on terrorism and as well as the daily He’s different from the rest public’s best interest, is to advance the per- operations of the federal government in pro- He wears a special uniform formance and success of independent insur- viding the services upon which every Amer- He has medals upon his chest ance agencies and brokerages in New York. ican relies. My Daddy’s not your average Dad Starting with the landmark 1904 ‘‘Yonkers Federal employees are on the front lines of He’s a HERO in the Army the war against terror. Although I don’t see him much Case,’’ clearly establishing agents’’ ownership His love always surrounds me of expirations, advocacy efforts have been un- The first American to die in Afghanistan was a CIA agent from my district. My Daddy’s not your average Dad dertaken and continue today on behalf of inde- He’s in a special place pendent insurance agents and brokers as well Federal employees are in Iraq helping the He watches me from heaven as small business owners. Iraqi people to build a free nation. With a smile upon his face IIABNY has evolved as member needs have Throughout the world, America’s civil serv- My Daddy’s not your average Dad changed. IIABNY draws on vast experience ants are serving our government and our peo- He is always here with me from the past, strength and respect in the ple, often in dangerous locations. He holds my hand when I go outside present, and foresight for the future of the How can we tell them we will not give them Although no one else can see independent agency system. Agents and bro- a fair and equitable tax credit that recognizes My Daddy’s not your average Dad kers have come to rely on the association to their hard work, dedication, and sacrifice? He fought for me and you be their advocate on many fronts. IIABNY We are asking federal employees to take on I’m so very proud of you Dad clearly has an impressive history and they more and more responsibility every day. They And I love and miss you too! continue today as the voice of independent are on the ground in the war on terrorism tak- I love you Daddy, agents and brokers. ing over new roles to relieve military personnel Madison McDowell (Roswell, NM) Madam Speaker, I ask that this honorable of tasks civilian employees can perform. They Madam Speaker, it was Joseph Campbell body join me in celebrating the 125th Anniver- are all playing a vital role in keeping us safe who said, ‘‘A hero is someone who has given sary of the Independent Insurance Agents & and deserve to be treated with respect and his or her life to something bigger than one- Brokers of New York. fairness. self.’’ f We have a long tradition in the Congress of Make no mistake, Army SPC Robert Mat- recognizing the valuable contributions of our thew McDowell was not only a dedicated sol- INTRODUCTION OF THE FEDERAL federal employees in both the military service dier who made the ultimate sacrifice serving in EMPLOYEE COMBAT ZONE TAX and in the civil service by providing fair and the uniform of his country, but he was also a PARITY ACT equitable treatment. This is not the time to true American hero. May he rest in peace. shirk our duty to the civil service. f HON. FRANK R. WOLF I urge my colleagues to join me in support RECOGNIZING THE INDEPENDENT OF VIRGINIA of the Federal Employee Combat Zone Tax INSURANCE AGENTS & BROKERS IN THE HOUSE OF REPRESENTATIVES Parity Act. OF NEW YORK ON ITS 125TH AN- Thursday, April 19, 2007 f NIVERSARY Mr. WOLF. Madam Speaker, today I am re- TRIBUTE TO PURPLE HEART introducing the Federal Employee Combat RECIPIENT EDGAR WILTON CARR HON. THOMAS M. REYNOLDS Zone Tax Parity Act, which would provide par- OF NEW YORK ity by extending the tax credit currently re- HON. GINNY BROWN-WAITE IN THE HOUSE OF REPRESENTATIVES ceived by military personnel to the civilian fed- OF FLORIDA Thursday, April 19, 2007 eral employees working alongside them. IN THE HOUSE OF REPRESENTATIVES It is only fair that both military and civilian Mr. REYNOLDS. Madam Speaker, it is with Thursday, April 19, 2007 great pleasure that I rise to recognize the employees who are serving side by side re- Independent Insurance Agents & Brokers of ceive the same tax treatment. In fact, even Ms. GINNY BROWN-WAITE of Florida. New York on the occasion of its 125th Anni- contract employees can get a tax break Madam Speaker, I rise today to honor the late versary. through the foreign earned investment tax Edgar Wilton Carr, a native of Essex, Ohio This year, the Independent Insurance credit, but federal employees are specifically who served in the U.S. Air Force during World Agents & Brokers of New York, or IIABNY, will exempted from that tax credit. War II. Assigned as an Aerial Gunner with the celebrate its 125th year of existence. IIABNY As a former federal employee, I am keenly 453rd Bombardment Group 8th, Mr. Carr is very proud of the constant commitment its aware of the invaluable contributions federal bravely encountered dangerous and life-threat- members have made to their communities. employees make to our country. I believe we ening events during his time in the Air Force. The theme of this 125th anniversary is must ensure that our federal workforce is As a pilot during the attack on Germany in ‘‘IIABNY members committed to their commu- treated with fairness and respect. 1944, Mr. Carr participated in the first night’s nities for 125 years.’’ The Pentagon stated in the proposed regu- bombing of Berlin. In one mission over Ger- IIABNY was founded in Buffalo in the year lations for the new National Security Per- many, his plane was shot down and he was 1882 as a voice for New York’s independent sonnel System that ‘‘NSPS is essential to the forced to parachute from the damaged plane. insurance agents. After a few name and loca- department’s efforts to create an environment The jump was so dangerous that part of his tion changes, IIABNY settled in Dewitt, a sub- in which the total force, uniformed personnel face and both his hands suffered severe freez- urb of Syracuse, NY. As the oldest and largest and civilians, think and operates as one cohe- ing from the air temperature and altitude. An- state association for independent insurance sive unit.’’ What kind of message does it send other time Mr. Carr was taken as a prisoner of agents and brokers, IIABNY represents nearly to civilian employees if they receive disparate war and spent fifteen months in a German 1,900 agencies and their nearly 20,000 em- tax status from their military colleagues? prison camp. ployees throughout New York State. Just as military personnel, federal employ- While the mental and physical injuries he Many leaders at the national association, ees serving in combat zones must leave their suffered in the fight against the Axis powers the Independent Insurance Agents and Bro- families behind and this can increase the fi- were great and stayed with him throughout his kers of America (IIABA), have originated in nancial burdens on families. Families with two life, Mr. Carr always maintained a positive out- New York. In 1898, Mr. C.H. Woodworth, from working parents suddenly have only one par- look and shared his great sense of humor with Buffalo, New York, was the second IIABA ent able to care for the needs of the family. everyone he met. This light-hearted attitude president. He is considered by many to be the Military personnel in combat zones were given made such an impression on his family that ‘‘father of the association.’’ Through the years, a tax credit back in 1913 to help alleviate their even after his passing they tell stories about six New York members have served as the tax burden, but federal employees were left him with pride and with the comment, ‘‘That’s national president. Four New Yorkers have out. my father.’’ been honored with the Woodworth Memorial Since 9/11 it has become ever more vital to As General George Patton once said, ‘‘Wars Award, which is bestowed upon an individual have a thriving civil service participating in our may be fought with weapons, but they are who has performed special, meritorious, and efforts to fight the war on terrorism. Now more won by men.’’ The soldiers of World War II will outstanding service on behalf of the inde- than ever in our nation’s history we must take always be remembered as the greatest gen- pendent agency system and IIABA members action that reflects the contributions both our eration, a generation that gave so much for everywhere. civilian and military employees are making—in our country. Mr. Carr was no exception and

VerDate Aug 31 2005 05:09 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.020 E19APPT1 jcorcoran on PROD1PC62 with REMARKS April 19, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E793 will continue to be remembered as a defender their second hundred years of service will be remarried and raised her family in Kendallville, of freedom. as dynamic as the first. Indiana. Madam Speaker, veterans like Edgar Wilton f While in Kendallville, Mrs. McIntosh com- Carr should be recognized for their service to passionately served her community as a our nation and for their commitment and sac- HONORING THE BRAVERY AND nurse, and then as a two-term Kendallville City rifices in battle. I am honored to present Mr. SACRIFICE OF RYAN A. BISHOP Judge beginning in 1971. After moving to Carr’s family with his long overdue Purple Charlestown, SC in 1981, she completed her Heart. All Floridians should know that we truly HON. KENNY MARCHANT nursing career at the Psychiatric Institute of consider him one of America’s heroes. OF TEXAS University Medical Hospital. She also taught f IN THE HOUSE OF REPRESENTATIVES English as a Second Language courses at Our Lady of Mercy Church. IN HONOR OF THE 2007 CENTEN- Thursday, April 19, 2007 Mrs. McIntosh is survived by two brothers, NIAL CELEBRATION OF UPS Mr. MARCHANT. Madam Speaker, it has Robert Slough and James Slough; two daugh- been said that a hero is someone who under- ters, Beth Vanderbeck and Liliane Heller; and HON. ELLEN O. TAUSCHER stands the degree of responsibility that comes two sons, former Congressman David OF CALIFORNIA with their freedom. Specialist Ryan A. Bishop, McIntosh and Malcolm McIntosh. IN THE HOUSE OF REPRESENTATIVES 32 years old, certainly understood that degree Mrs. McIntosh left a legacy of service and of responsibility. Thursday, April 19, 2007 compassion, and through her son, David Ryan enlisted in the United States Army out McIntosh, served the residents of the Sixth Mrs. TAUSCHER. Madam Speaker, I rise of a sense of service and duty to his country. District of Indiana. Thank you, Mrs. McIntosh, with the support of my colleagues, Hon. ANNA As his wife of two years Melanie Bishop ex- for the strong foundation of service that you G. ESHOO, Hon. BARBARA LEE, Hon. MIKE plained, ‘‘He believed deeply in what he was laid as a faithful wife, mother, nurse, and HONDA, Hon. LYNN WOOLSEY, Hon. GEORGE doing, and he just wanted to do his part.’’ The judge. Our thoughts and prayers are with the MILLER, Hon. TOM LANTOS, Hon. ZOE freedom we enjoy as Americans is due in family and friends of the late Jean Marie LOFGREN, Hon. MIKE THOMPSON, and Hon. large part to the patriotism of such humble citi- Slough McIntosh. PETE STARK, of California, in the House of zens throughout our history. Representatives—to recognize UPS for their On April 14, 2007, Ryan was dismounted on f 100 years of service to our communities. combat patrol in Baghdad when his unit came In 1907 in a small basement in Seattle, under the attack of an improvised explosive SUPPORTING THE GOALS AND Washington, two young entrepreneurs set out device. Ryan pushed forward with his fellow IDEALS OF FINANCIAL LITERACY in search of the American dream. They built soldiers as they searched for insurgents, ter- MONTH that dream on the principles of providing the rorists, and others who seek to deny Iraq de- best service at the lowest possible cost while mocracy. On that day, our nation lost a gen- SPEECH OF always being committed to reliability, courtesy, uine hero. neatness and high ethical standards. One Ryan graduated in 1996 from Tyler Junior HON. SCOTT GARRETT hundred years later, the commitment to those College and also attended Marshall High OF NEW JERSEY values has not wavered and that small base- School where he was a member of the 1990 IN THE HOUSE OF REPRESENTATIVES ment company has become the largest pack- state championship football team. age delivery company in the world. It is our He will be missed by a loving family and a Monday, April 16, 2007 privilege to commend UPS for 100 years of nation forever grateful for his service and unparalleled service. humbled by his sacrifice. Mr. GARRETT of New Jersey. Mr. Speaker, I rise to support the goals and ideals of Finan- The four major themes of the UPS centen- f cial Literacy Month. nial celebration, transformation, culture, service, and responsibility underscore the commit- TRIBUTE TO MRS. JEAN MARIE Due to the growing complexity of financial ment of UPS to its customers, employees and SLOUGH MCINTOSH, MOTHER OF products being offered throughout this country stockholders. FORMER U.S. HOUSE REP- and the rapidly increasing number of young The transformation from a small basement RESENTATIVE DAVID M. adults and seniors using these various prod- messenger company to the world’s largest MCINTOSH ucts, it is essential that everyone educate package delivery company is a testament to themselves so they fully understand how their UPS’s successful business strategies. This HON. MIKE PENCE activities may affect their financial standing and future. longevity is evidence of UPS’s constant focus OF INDIANA on the future amidst the ever changing work- As a member of the Financial Literacy Cau- IN THE HOUSE OF REPRESENTATIVES place. cus, I believe the private financial sector and UPS’s culture of integrity, innovation, and Thursday, April 19, 2007 local, state, and Federal government officials responsibility has fostered a respected reputa- Mr. PENCE. Madam Speaker, I rise today to should continue to further expand and pro- tion worldwide. The commitment to these prin- honor one of the great mothers of Indiana, mote financial literacy and education. Whether ciples has been instrumental in earning the Mrs. Jean Marie Slough McIntosh, the late it is buying a home, opening a bank account, trust of its valued customers. mother of former Representative David or acquiring a credit card, consumers are At the core of UPS’s success lies its unpar- McIntosh of Indiana, my predecessor. Mrs. faced with a myriad of complex decisions re- alleled service to our communities. Through its McIntosh dedicated her life to the service of quiring a broad knowledge of our nation’s fi- commitment to its customers and its valued others as a nurse and judge, but more impor- nancial system. workforce, UPS has demonstrated its dedica- tantly as a mother and faithful wife. According to a July 2005 survey of 1,000 tion to our local communities. Jean McIntosh was born on December 20, parents of high school students by Visa, par- While a strong profitable company is the 1925 in Bourbon, a small town just off the ents rank developing good personal financial goal of any business, UPS has proven its beaten path of US Highway 30 in northern In- skills and being able to handle their money commitment to responsible business leader- diana. She graduated from Bourbon High (74 percent) ahead of both following the wrong ship. From its partnerships with local commu- School as the Class of 1943 valedictorian. crowd (58 percent) and drugs/alcohol use (56 nity groups to its environmental awareness, Mrs. McIntosh then moved to Chicago where percent) in terms of their concerns they have UPS has successfully demonstrated what it she studied nursing at the Methodist Hospital for their children’s futures. Only personal safe- takes to be a responsible, strong, and profit- School of Nursing. After completing her train- ty ranked higher (89 percent). This illustrates able business. ing in nursing, she moved to San Francisco, how valuable the American public considers fi- Through each of these themes, UPS has re- California where she met and married Norman nancial literacy. affirmed its commitment to its customers, em- Benjamin and started their family of four chil- Mr. Speaker, I stand in support of the goals ployees and stockholders. We all wish UPS dren. After the death of her husband in 1964, and ideals of financial literacy month and I en- continued success in the future and hope that Mrs. McIntosh returned to Indiana where she courage my colleagues to do the same.

VerDate Aug 31 2005 05:09 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A19AP8.023 E19APPT1 jcorcoran on PROD1PC62 with REMARKS E794 CONGRESSIONAL RECORD — Extensions of Remarks April 19, 2007 OFFERING HEARTFELT CONDO- of the Days of Remembrance established by I believe the incentives offered in this bill will LENCES TO THE VICTIMS AND the United States Congress as our Nation’s allow small and rural communities better op- THEIR FAMILIES REGARDING commemoration of these victims. We remem- portunities to receive increased credit to fi- THE HORRIFIC VIOLENCE AT ber the Holocaust so that the lessons and re- nance community facility projects. VIRGINIA TECH AND TO STU- sponsibilities left from this tragedy are not lost. I urge my colleagues to consider supporting DENTS, FACULTY, ADMINISTRA- Always, but especially now, it is imperative this bill. TION AND STAFF AND THEIR that we remember and take action against the f FAMILIES WHO HAVE BEEN AF- genocide that is currently taking place in IN HONOR AND IN MEMORY OF FECTED Darfur. As we look to the past to remember STAFF SERGEANT HARRISON those that perished at the hand of Nazi Ger- BROWN OF PRICHARD, ALABAMA SPEECH OF many, we must not forget the 2,500,000 HON. THELMA D. DRAKE Darfurian civilians targeted and displaced be- HON. JO BONNER OF VIRGINIA cause of their ethnic or racial identity or the more than 300,000 people killed thus far. OF ALABAMA IN THE HOUSE OF REPRESENTATIVES Tragically, over 1,600 villages have been de- IN THE HOUSE OF REPRESENTATIVES Wednesday, April 18, 2007 stroyed by Sudanese government soldiers and Thursday, April 19, 2007 Mrs. DRAKE. Mr. Speaker, this has been a government-backed militias. The growing num- Mr. BONNER. Madam Speaker, I rise today very somber week for the Commonwealth of ber of destroyed homes and lives is a testa- to honor the life of a young man from the First Virginia as we have watched tragedy unfold ment to the fact that simply remembering is Congressional District of Alabama who re- on one of our proud universities. not enough. cently made the ultimate sacrifice in defense As Virginia’s largest University, the Virginia Madam Speaker, as you know, children are of his country while helping to spread freedom Tech family extends into every corner of our among the most helpless victims of any geno- abroad. Commonwealth and we have all been affected cide. One million of the six million Jews that Army Staff Sgt. Harrison Brown, formerly of by Monday’s events. were killed in the Holocaust were children. Prichard, was assigned to the 2nd Battalion, Unfortunately, we are not able to explain Jewish children were targeted by the Nazi re- 69th Armor Regiment, 3rd Brigade Combat such unthinkable tragedies. Furthermore, mere gime, and now the children of Darfur suffer the Team, 3rd Infantry Division, based at Fort words seem small under the weight of such a brutal effects that burning villages, shootings, Benning, Georgia. He was killed in combat heartbreaking event. However, I express my rapes, and the search for refuge have on the earlier this month while bravely serving and deepest sympathy for the victims and their youngest victims of this tragedy. protecting this great nation in Operation Iraqi families and I offer a prayer of support and My heart is warmed by the work of grass- Freedom. condolence for the Virginia Tech community. roots organizations in South Florida and ‘‘Duck,’’ as he was known to his friends, As Virginia, and indeed the entire Nation, across the country that bring attention to the joined the Army 13 years ago to provide for grieves so many young lives being lost, it is crisis in Darfur. We must heed the lessons of his wife and children. During his career in the important to remember the grace, love and Holocaust Remembrance Day and make sure Army, including multiple tours of duty in Iraq, goodness exhibited by those who survived this that another Holocaust never happens again. Sgt. Brown set a standard of excellence and horrible tragedy. Racially inspired hatred has surfaced many displayed the qualities of discipline, devotion, I was inspired by the ability of students, times in the decades since the Holocaust, and and dedication to country that are the hall- alumni, faculty, family and neighbors to come it is our duty to stop the disaster in Darfur and marks of men and women throughout the long together driven by a sense of community and make it the last genocide of the 21st century. and distinguished history of the American mili- compassion to support others in their time of f tary. need. A 1994 graduate of Blount High School, As I took part in yesterday’s convocation at INTRODUCTION OF THE TAX EX- ‘‘Duck’’ played baseball and basketball and Cassell Coliseum, I was encouraged by the EMPT QUALIFICATION FOR FED- was a standout wide receiver on the varsity leadership demonstrated by Gov. Tim Kaine, ERALLY GUARANTEED WATER, football team. Blount won the state 5A high President George W. Bush and the numerous WASTEWATER, AND OTHER ES- school football championship while ‘‘Duck’’ dedicated educators at Virginia Tech. SENTIAL COMMUNITY FACILITY was on the team. He went on to play one year The coming days, weeks, and months will LOANS of college football at Tuskegee University on continue to be difficult ones as the Virginia scholarship before he joined the Army. Tech community comes to terms with what HON. RON LEWIS Madam Speaker, at this difficult time, it is took place on a dark day in April. But it will OF KENTUCKY only appropriate for us to pause and give also be a time of healing and I am confident IN THE HOUSE OF REPRESENTATIVES thanks to God that there are still young men like Harrison Brown. His life and actions per- that Hokie nation will be able to come back Thursday, April 19, 2007 stronger because of the compassion and char- sonify the very best America has to offer. I acter that has been displayed since this trag- Mr. LEWIS of Kentucky. Madam Speaker, I feel certain his many friends and family, as edy. rise to inform my colleagues of legislation I well as his comrades in the United States Just as the heinous actions of one troubled have introduced today to assist some of our Army, while mourning the loss of this fine individual so obviously filled with hate has left Nation’s most underserved communities in young man, are also taking this opportunity to us grasping for answers, the reaction of the funding essential infrastructure. remember his many accomplishments and to Virginia Tech family gave reason to make all The legislation that I have proposed will per- recall the fine gift they each received simply Virginians proud and demonstrate the tremen- mit interest on federally guaranteed water, from knowing him and having him as an inte- dous promise of our future generation. wastewater, and other essential community fa- gral part of their lives. f cility loans to also qualify to be tax exempt. I Madam Speaker, I urge my colleagues to introduced similar legislation in the 109th Con- take a moment and pay tribute to Sgt. Har- COMMEMORATING HOLOCAUST RE- gresses. rison Brown and his selfless devotion to not MEMBRANCE DAY AND REFLECT- Rural communities throughout America con- only our country and the freedom we enjoy, ING UPON THE GENOCIDE IN tinue to face challenges in accessing basic but to a people who are in the demanding but DARFUR needs. We can improve this situation by sup- important stages of a new life—a new free- porting the development of necessary infra- dom—in their own land. HON. DEBBIE WASSERMAN SCHULTZ structure such as dependable water and We should also remember his wife, Delisha OF FLORIDA wastewater systems, and essential community Brown; their three children; his mother, Chris IN THE HOUSE OF REPRESENTATIVES facilities like schools, hospitals, and police and Ann Brown; his sister, Mary Dozier; and his fire stations. other relatives and many friends. Our prayer is Thursday, April 19, 2007 Unfortunately, many of these same commu- that God will give them all the strength and Ms. WASSERMAN SCHULTZ. Madam nities struggle to acquire sufficient funding to courage that only He can provide to sustain Speaker, last Sunday marked Holocaust Re- support local development projects. Increased them during the difficult days ahead. membrance Day, which honors the memory of access to federally guaranteed tax exempt It was Joseph Campbell who said, ‘‘A hero the six million Jews murdered in the Holocaust loans would provide significant assistance in is someone who has given his or her life to during World War II. We are now in the midst these efforts. something bigger than oneself.’’

VerDate Aug 31 2005 05:09 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.028 E19APPT1 jcorcoran on PROD1PC62 with REMARKS April 19, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E795 Make no mistake, Harrison Brown was not Keith Ellison (D–MN), the first Muslim- he was not particularly eager to speak with only a dedicated soldier who made the ulti- American in Congress, as Louise M. Slaugh- her. Rogers implored him. The Egyptian ini- mate sacrifice serving in the uniform of his ter (D–NY), Rules Committee Chair, as Nick tiative is a one-time opportunity, he said, J. Rahall II (D–WV), the senior Arab-Amer- but Golda has taken a dismissive, super- country, but he was also a true American ican in Congress, and Senior Defense Appro- cilious view of it. She admires you, maybe hero. May he rest in peace. priator David Hobson (R–OH). She went to she’ll heed your advice. Ben-Gurion acqui- f advance US interests in the Middle East, be- esced, and asked his aides to put him in lieving that we can perhaps get more out of touch with Golda in Jerusalem. HONORING M.J. ROSENBERG AND Syria by engaging it than by shunning it. ‘‘The brief conversation between them was THE SENTIMENT OF HIS ARTI- The critics are feigning outrage because acerbic. The people present in the room CLE ‘‘BLESSED ARE THE PEACE- they don’t like Pelosi (CNN, in particular, heard Ben-Gurion repeat why she ought to MAKERS’’ seems to have a problem with a female begin negotiations with Egypt . . . While the Speaker) and because, by visiting Syria, people present in the room could not hear Pelosi has revived one of the Baker-Ham- what Golda was saying on the other side of HON. LOIS CAPPS ilton Report’s prescriptions for ending the the line, it was clear to them that she was OF CALIFORNIA Iraq war: engaging Iran and Syria. not interested in promoting the Egyptian Baker-Hamilton recognizes that Syria and IN THE HOUSE OF REPRESENTATIVES initiative. Iran can do more to impede the extrication ‘‘Ben-Gurion lost his patience, lambasted Thursday, April 19, 2007 of our soldiers and marines from Iraq than Golda and said she was leading Israel to ca- any other countries on the planet (with the Mrs. CAPPS. Madam Speaker, I rise today tastrophe, and terminated the conversation. exception of Iraq itself). For some reason, he placed the receiver down to commend the sentiments expressed in the On the other hand, if they choose to, they on the table and not in its cradle. The people can ease our way out of Iraq and help pre- following article by M.J. Rosenberg, the Direc- present in the room heard Golda calling, vent that country’s further descent into tor of Israel Policy Forum’s Washington Policy ‘‘Ben-Gurion, Ben-Gurion,’’ but he refused to Center, and a tireless advocate for peace in chaos and civil war. The Israeli government added to the Pelosi pick up the telephone again. He just kept re- the Middle East. In the column, entitled controversy by saying that Pelosi did not peating, ‘‘war is going to break out soon, war ‘‘Blessed are the Peacemakers,’’ he skillfully carry any private messages from Jerusalem is coming.’’ highlights the need to engage in aggressive to Damascus. But the Israelis have been It did. Israel lost nearly 3,000 men. Ben diplomacy if we are to achieve peaceful re- using intermediaries to convey information Gurion died a few weeks later. Israel ended sults in the region. I applaud Mr. Rosenberg to the Syrians for a long time. It is incon- up relinquishing not just the west bank of ceivable that the highest ranking American the Suez Canal, as Sadat had demanded but for his bold stance for peace and would en- every last inch of the Sinai peninsula. courage my colleagues to inform themselves in memory to visit Damascus would visit Israel, en route to Syria, and not be asked to Until this week, I had never heard that of his valuable insights. convey a message to President Assad from Secretary of State William Rogers tried so BLESSED ARE THE PEACEMAKERS Prime Minister Olmert. hard to help Israel avert catastrophe. All I You know what they say: no good deed One can only hope that she was carrying recalled about him was that the pro-Israel goes unpunished. messages from Israel. Why wouldn’t the community despised him because he was That is certainly the case with Speaker of Israelis seize that opportunity? thought to have applied pressure on Israel. the House Nancy Pelosi and her visit to Pelosi’s visit strengthened America’s posi- Little did I know that the pressure was in Syria. tion in the region, and likely helped Israel the form of the wise counsel of David Ben- At a time (the Easter-Passover recess) on prisoners, on Hezbollah, and in its effort Gurion, the founder of the Jewish state. when dozens of House members and Senators to avoid another war like last summer’s. It I hope Pelosi is not daunted by the criti- are visiting foreign capitals and discussing was a gutsy move by the new Speaker and cism emanating from all the usual suspects. policy with foreign leaders, Pelosi is being one that deserves commendation, not criti- Her delegation’s visit to the Middle East ad- skewered for, in the words of the Washington cism from those who are committed to the vanced America’s interests and Israel’s too. Post’s editors, ‘‘substituting her own foreign whole litany of failed policies of recent As they like to say in that region: the dogs policy for that of a sitting Republican Presi- years. One would think that some of these bark but the caravan moves on. dent.’’ pundits would look at the sheer carnage they f The Post accuses Pelosi of ‘‘try[ing] to in- delivered in Iraq—the 3200 American dead troduce a new U.S. diplomatic initiative in and the hundreds of thousands of dead Iraqi CONCURRENT RESOLUTION ON the Middle East.’’ civilians—and be shamed into shutting up. THE BUDGET FOR FISCAL YEAR Heaven forefend! Things are going so swim- But no such luck. 2008 mingly in the Middle East that the last In this context, and on this Good Friday, it is worth recalling Jesus’ words in Matthew thing anyone needs is for the 3rd highest of- SPEECH OF ficial in the United States trying to resusci- 5:9, ‘‘Blessed are the peacemakers for they tate diplomacy. will be called the children of God.’’ HON. LUCILLE ROYBAL-ALLARD That is not exactly what the critics are The specific objection is to her meeting OF CALIFORNIA calling Pelosi. But, the New Testament notwith the Syrian leader, Bashar Assad. Of withstanding, peacemakers are rarely IN THE HOUSE OF REPRESENTATIVES course, few could object to what she told praised in their own time while the cheer- Assad—that he should stop trouble making Thursday, March 29, 2007 leaders for unnecessary wars are never, held in Iraq and Lebanon, that the Israeli govern- accountable for them. Ms. ROYBAL-ALLARD. Mr. Chairman, I rise ment is ready for negotiations, that Israel Pelosi is too smart to expect plaudits for today in support of the Democratic Budget has no bellicose intentions toward Syria and trying to deter war rather than simply Resolution. that Syria should use its influence to free standing firm behind a status quo that will In the face of a burgeoning national debt, I Israeli prisoners. inevitably produce the next one. In fact, David Hobson, a Republican from want to commend Chairman JOHN SPRATT for Readers of this column know that I like to drafting a budget that reflects the commitment Ohio who accompanied Pelosi, said that the hearken back to the great missed oppor- Speaker did not stray very far from Bush ad- tunity of 1971. That was when Prime Min- of our new Democratic majority to restore fis- ministration policy. Hobson said Pelosi ‘‘did ister Golda Meir rebuffed Egyptian President cal integrity, and shift Federal budget priorities not engage in any Bush bashing she did not Anwar Sadat’s call on Israel to pull back to reflect key American values. . . . bash [Bush] policies as they relate to from the Suez Canal. Sadat said that in ex- This Budget Resolution will balance the Syria.’’ change for a pullback of just a few miles— Federal budget in 5 years by requiring that Instead, Hobson said, Pelosi urged Assad to which would enable Egypt to re-open the curb the number of suicide bombers who any new expenditure be offset. This is a fis- canal—he would begin negotiating a peace cally responsible policy that turned deficits into cross the Syrian border into Iraq to ‘‘murder agreement with Israel. our troops and the Iraqi people.’’ This week Yediot Achronot revealed new surpluses in the 1990s. Republican House leader, John Boehner, information about the missed opportunity. The Democratic Budget Resolution also admitted that there was nothing wrong with Zeev Tzahor reports that then-American stands in contrast to Administration policies legislators in general visiting Syria. ‘‘It’s Secretary of State, William Rogers, was so that have undermined long-term investments one thing for other members to go,’’ Boehner disturbed by Golda’s rejection that he en- in areas that help to improve the quality of life said, ‘‘but you have to ask yourself, ‘Why is listed Israel’s first Prime Minister, David of Americans. This Resolution addresses the Pelosi going?’’ Ben Gurion, to try to persuade her to, at shortfalls of past budgets, and reflects key The answer isn’t that hard. She went for least, seriously consider the offer. the same reasons as Tom Lantos (D–CA), Let the Yediot columnist, Zeev Tzahor, American values by increasing funding levels Chairman of the House Committee on For- tell the rest of the story: to enhance health care for our Nation’s chil- eign Affairs, as Henry Waxman (D–CA), the ‘‘The 85-year-old Ben-Gurion was retired dren, and for our men and women returning most senior Jewish Member of the House, as . . . His relations with Golda were poor, and from combat.

VerDate Aug 31 2005 05:26 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.031 E19APPT1 jcorcoran on PROD1PC62 with REMARKS E796 CONGRESSIONAL RECORD — Extensions of Remarks April 19, 2007 The budget resolution helps enhance and share spectrum with military radar. This unli- player and averaged over 12 points and 6 re- expand educational opportunities for millions censed spectrum can be used for wireless bounds per game this season. of American students who have been left be- broadband, public safety communications, and Mr. Speaker, Essence Carson and her hind by the misguided policies of the Adminis- numerous at-home and business devices. teammates on the Rutgers University Lady tration. The No Child Left Behind Act was en- For the reasons listed above I have intro- Scarlet Knights Basketball Team are truly the acted to ensure that every child, regardless of duced the Wireless Innovation Act, H.R. 1597, best that this Nation has to offer. They are race, income, or background, receives a high which mandates that white spaces be used more then just diligent students and talented quality education. Unfortunately, over the past nonexclusively for unlicensed fixed or portable athletes. They are exceptional roll models for 6 years, the Administration has never fully devices while mandating that incumbent li- young women throughout this country. I wish funded the program, forcing schools to comply censees be protected from harmful inter- them the best of luck in their future endeavors, with the Act’s high standards without the reference. This legislation would provide inter- and I know we can expect great things from sources needed to succeed. This budget reso- ference protection to full power television, low them in the years to come. lution puts the education of our children first, power television, wireless microphones, and f by increasing funding for the implementation all other incumbent users of this spectrum. of No Child Left Behind. In addition, it in- The bill also requires that the FCC permit use THE INTRODUCTION OF THE DE- creases funding for special education, the of unlicensed devices not later than February PARTMENT OF ENERGY CARBON Head Start program, and student aid for high- 18, 2009. CAPTURE AND STORAGE RE- SEARCH DEVELOPMENT, AND er education. f Madam Speaker, there are millions of chil- DEMONSTRATION ACT OF 2007 dren without health insurance, including over COMMENDING THE ACHIEVEMENTS one million in my home state of California. OF RUTGERS UNIVERSITY WOM- HON. MARK UDALL This Democratic budget resolution also makes EN’S BASKETBALL TEAM OF COLORADO investments in the health of our Nation’s chil- IN THE HOUSE OF REPRESENTATIVES SPEECH OF dren by increasing funding for the State Chil- Thursday, April 19, 2007 dren’s Health Insurance Program (SCHIP) by HON. BILL PASCRELL, JR. $50 billion. This increase will help parents who OF NEW JERSEY Mr. UDALL of Colorado. Madam Speaker, I am pleased to introduce the Department of worry every day about their ability to care for IN THE HOUSE OF REPRESENTATIVES Energy Carbon Capture and Storage Re- their children in time of illness and injury. Wednesday, April 18, 2007 Equally as important, this budget resolution search, Development, and Demonstration Act upholds our Nation’s sacred commitment to Mr. PASCRELL. Madam Speaker, I would of 2007. This bill will expand and enhance the our servicemen and women by providing for like to take this opportunity to convey my sup- Department of Energy’s carbon capture re- the largest veterans funding increase in the port of H. Res. 300, which commends the search and development program to spur the history of our Nation. The $32 billion increase achievements of the Rutgers University Lady creation of economically feasible and environ- in veterans health care and services over the Scarlet Knights Basketball Team and applauds mentally sound carbon sequestration tech- next 5 years is critically needed to improve ex- the character and integrity of their student-ath- nology. It is companion legislation to a bill in- isting VA healthcare facilities, and to ensure letes. troduced in the Senate by Senator BINGAMAN, that disability claims for our returning This group often 10 extraordinary women, chairman of the Energy and Natural Re- servicemembers are quickly and accurately led by Coach C. Vivian Stringer, made the sources Committee. processed. This Democratic budget helps en- State of New Jersey proud by representing Several events over the past year have sure that our veterans receive high quality and Rutgers University in the NCAA championship helped clarify the agreement among scientists, accessible care that is worthy of their sacrifice. game. They were the first ever athletic team the public, industry, and public officials that cli- This fiscally responsible Democratic budget from Rutgers to play in any national cham- mate change is a challenge that our society reflects the beginning of an important shift in pionship. must address. which government truly works on behalf of the Not only did the Lady Scarlet Knights finish Most recently, Working Groups I and II of American people. I urge my colleagues to sup- their outstanding 2006–7 season with a 29–7 the Intergovernmental Panel of Climate port America’s future by voting for this fair and record, coming back after losing four of their Change—IPCC—released reports as part of responsible Democratic Budget Resolution. first six games, but they also managed to the panel’s fourth assessment report. The first maintain a combined B+ grade point average. report highlighted the growing scientific con- f They truly excelled both on and off the court. sensus that human influence is causing the WIRELESS INNOVATION ACT, H.R. I am especially proud to report that junior climate to change. The second report provides 1597 Essence Carson is a native of my hometown, a powerful statement of the impacts of climate Paterson, NJ. Essence attended two high change around the world. The IPCC inter- HON. JAY INSLEE schools, graduating from the Rosa Parks national process has government support from OF WASHINGTON School for Fine and Performing Arts in 2004 over 100 countries, including strong involve- IN THE HOUSE OF REPRESENTATIVES where she studied piano, bass guitar, drums, ment from the United States. These reports and saxophone. She also competed athlet- document that the ‘‘warming of the climate Thursday, April 19, 2007 ically at Paterson Eastside High School in system is unequivocal’’ and that sea tempera- Mr. INSLEE. Madam Speaker, there will be track and field where she won the 2004 state tures are rising, glaciers are melting, and air under-utilized wireless spectrum in the gaps or 400-meter title, volleyball where she was a temperatures worldwide are increasing, all of ‘‘white spaces’’ between TV broadcast chan- three-time all-State selection, and basketball which will have major impacts on the world nels when the transition from analog to digital where she led her team to three straight coun- that we know. television is complete. These white spaces ty championships. The climate is changing and we as a society could provide broadband access to millions of Named to the Parade All-America Second must begin addressing these changes before Americans and enable a wide range of innova- Team and the USA Today Super 25 All-Amer- the economic and environmental con- tive wireless devices and services which can- ica Team as a senior in high school, Essence sequences devastate our planet. And that will not be utilized in other frequencies. White shined in the McDonald’s and Women’s Bas- involve decreasing the amount of carbon diox- spaces spectrum must remain unlicensed be- ketball Coaches Association—WBCA—All- ide, a known greenhouse gas, in the atmos- cause the availability of this ‘‘Swiss cheese’’ America Games. In 2003, she played for the phere. pattern of spectrum nationally makes licensing USA Basketball Youth Development Festival Yet, it is important to come to terms with the it impractical. An unlicensed regime would East Team, which won a gold medal. fact that we cannot end our dependence on also lead to a more efficient use of the fre- Now in her third year at Rutgers, Essence fossil fuels overnight. For example, coal is the quencies. is a back-to-back Big East Defensive Player of most abundant energy source in the United Unlicensed white spaces devices will avoid the Year, a 2007 First Team All-Big East Hon- States and one of the cheapest energy re- harmful interference with all incumbents. Cog- oree, a Region I All-American selection, and sources. My home State of Colorado is ranked nitive radio uses spectrum sensing technology was named to the Big East and NCAA East sixth in coal production in the U.S. In Colo- to identify and avoid occupied TV channels. Region All-Tournament teams. In only 3 years, rado, coal provides more than 70 percent of This method has been approved by the De- she has managed to make more appearances our electricity and employs more than 2,000 fense Department for unlicensed devices that in a Scarlet Knights uniform than any other people.

VerDate Aug 31 2005 05:09 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.035 E19APPT1 jcorcoran on PROD1PC62 with REMARKS April 19, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E797 Coal is a critical component of our economy TRIBUTE TO SOUTH CAROLINA ROTC program firsthand and to congratulate and our energy supply, but unfortunately coal STATE UNIVERSITY’S ROTC PRO- the program and its graduates today for their is also a major contributor to climate change. GRAM extraordinary contributions to our country. We must find a way to maintain our energy America owes a debt of gratitude to South production while decreasing our carbon emis- HON. JAMES E. CLYBURN Carolina State for supporting this extraordinary tradition of military excellence and to its grad- sions. Carbon sequestration will be key to that OF SOUTH CAROLINA IN THE HOUSE OF REPRESENTATIVES uates for making their alma mater and their effort. nation proud. Thursday, April 19, 2007 Carbon sequestration refers to taking car- f bon dioxide out of the atmosphere and storing Mr. CLYBURN. Madam Speaker, I rise THE ‘‘KATRINA HOUSING TAX today to pay tribute to a great source of pride it so that the gas does not re-enter the atmos- RELIEF ACT OF 2007’’ H.R. 1562 phere. Right now, companies and govern- for my alma mater, South Carolina State Uni- ments around the world are enhancing natural versity, and our nation’s military. The SC State HON. EARL POMEROY carbon storage sources by planting trees and Reserve Officers’ Training Corps (ROTC) cele- OF NORTH DAKOTA advocating no-till agriculture, among many brates its 60th anniversary on April 20, 2007. IN THE HOUSE OF REPRESENTATIVES other activities. But we are still not even close This tremendous program, known as the Bull- to slowing the increase in greenhouse gases dog Battalion, has commissioned nearly 2,000 Thursday, April 19, 2007 in our atmosphere. officers in the armed forces, and it has pro- Mr. POMEROY. Mr. Speaker, I rise today in duced nine Army Generals, two Marine Corps Eventually, technology may allow us to re- support of H.R. 1562, the ‘‘Katrina Housing Generals and one Air Force General, while Tax Relief Act of 2007,’’ a bill to extend and move carbon dioxide from the atmosphere and contributing a significant number of highly enhanced credit available for building low in- funnel it underground in long-term, airtight qualified and dedicated soldiers to our nation’s come housing under the Gulf Opportunity storage areas. But there are many obstacles military. Zone Act of 2005. For far too long the resi- to the development of technologies and meth- Among SC State’s notable ROTC graduates dents of the Gulf Coast have struggled to re- ods that can significantly decrease CO2 levels are Major General Abraham Turner, a 1976 build their homes, their lives and their commu- in our atmosphere. For example, we still don’t graduate, who served as the Commanding Of- nities. They continue to face construction know enough about the long-term stability, ficer of Fort Jackson, the Army’s largest train- delays that could cost them the Federal assist- safety, and reliability of aquifers, coal seams, ing base in my hometown of Columbia, South ance promised in the 2005 legislation. I want Carolina. Second Lieutenant Jerrette Lee, to encourage my colleagues to support this and other geological formations for CO2 storage. Nor are we familiar with the technologies class of 1983, was chosen during his senior legislation that will encourage the construction year for the coveted Hughes Award, becoming of low-income housing in the areas damaged to accomplish this on the scale needed to truly the first African American and graduate of a by Hurricane Katrina while assuring account- decrease global carbon levels. Historically Black College or University to re- ability for the tax credits. My legislation will build upon DOE’s current ceive the honor granted to the top ROTC The Gulf Opportunity Zone Act of 2005 carbon capture and storage program created graduate of the year. made the affected areas eligible for larger in the Energy Policy Act of 2005. It will im- Another proud Bulldog Battalion graduate, credits to encourage building low-income prove DOE’s regional carbon sequestration Colonel Stephen Twitty, led an infantry bat- housing. ‘‘GO Zone’’ benefits are available if the project was built and placed in service be- partnerships and create seven test projects talion into Iraq during the early stages of the fore the end of calendar year 2008. H.R. 1562 across the country to learn more about the ec- war on August 18, 2003. His leadership earned him the Silver Star medal for valor. recognizes the magnitude of the struggle to onomics and design of carbon capture and The remarkable record of the SC State rebuild the housing stock and it extends the storage technology. It will also help ensure ROTC is due in part to its rich history and tra- credits for two additional years—2009 and that DOE has the necessary funds to conduct dition. The program was established in 1947 2010. this cutting-edge research. for the purpose of training infantry officers for As the Member of Congress from North Da- kota where 10 years ago the City of Grand Although it is already too late to stop the cli- the United States Army. In 1949, the program Forks was destroyed by a flood and a fire in mate from changing, carbon capture and stor- graduated its first class with five of the six graduates receiving Army commissions and its aftermath, I know that government can ef- age—in conjunction with smart energy poli- fectively provide Americans help to rebuild our cies—can help minimize the impact of climate the sixth joining the Army Reserves. In 1954, the program expanded its mission communities when a disaster strikes. The change on future generations. 50,000 residents of Grand Forks were fortu- beyond producing only infantry officers. In- nate to have an effective Federal Emergency We must not view taking action against stead, the ROTC became a General Military Management Association (FEMA) under the global warming as bringing doom and gloom Science Program, which enabled graduates to leadership of James Lee Witt there to assist to industry. Making the right choices about serve in any branch of the Anny for which they them with the momentous task of starting from how to address climate change can lead to qualified. From 1947 until 1968, all freshman the ground up after the flood waters receded. new technological innovations, a boom in and sophomore male students were required Today Grand Forks is flourishing thanks to a American jobs, and a strengthened economy. to enroll in the ROTC program at SC State. well coordinated effort on the part of FEMA. But we must begin to make these choices now Since I am a 1961 graduate, I had the privi- The rebuilding effort drew upon Federal gov- by investing in the research and development lege of being part of this tremendous Bulldog ernment resources such as Community Devel- of carbon capture and storage technologies Battalion program. opment Block Grants which served as a cata- that can address the climate change chal- In 1968, SC State partnered with Claflin lyst to encourage accelerated investments in University, Voorhees College, Orangeburg lenge. Grand Forks. Technical College and Denmark Technical This bill permits Community Development College to provide ROTC training through SC f Block Grants (CDBG), available because of State’s program. The program expanded again prior liberalizations, to be combined with all of PERSONAL EXPLANATION in 1972 to allow female cadets to enter for the these enhanced low-income housing credits first time. Today, a total of 254 women have for affected areas. Under the Katrina Housing graduated from SC State’s ROTC. Tax Relief Act, qualified projects will not be HON. CANDICE S. MILLER Graduates of this prestigious program have treated as having below market Federal loans participated in every military conflict from solely by reason of assistance provided under OF MICHIGAN World War I to the current conflicts in Iraq and the CDBG. Since many of the GO Zone com- IN THE HOUSE OF REPRESENTATIVES Afghanistan, representing America with great munities have lost much, if not all, of their skill and honor. Today the Bulldog Battalion economic base, CDBG assistance is vital and Thursday, April 19, 2007 averages an enrollment of 100 cadets. will not restrict an otherwise qualifying building Madam Speaker, I ask you and my col- from utilizing the higher 9 percent credit. This Mrs. MILLER of Michigan. Madam Speaker, leagues to join me in honoring South Carolina will encourage builders to deliver more hous- had I been present on rollcall No. 226 and roll- State University’s ROTC program on the occa- ing to the Gulf Coast communities in des- call No. 227, I would have voted ‘‘yea’’ and sion of its 60th anniversary. It is my great perate need of homes for those who want to ‘‘yea.’’ privilege to have experienced this wonderful return and help rebuild their lives.

VerDate Aug 31 2005 05:09 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.038 E19APPT1 jcorcoran on PROD1PC62 with REMARKS E798 CONGRESSIONAL RECORD — Extensions of Remarks April 19, 2007 Finally, H.R. 1562 would require that the my support for social programs, and maternal Again, I want to express my personal sup- Government Accountability Office submit a re- and child nutrition programs to strengthen vul- port and that of our employees for H. Res. port on the allocation and use of these tax in- nerable families. I will continue to stand be- 273, and for the goals and ideals of the House hind programs that teach sex education, do- Financial and Economic Literacy Caucus. centives in the GO Zone to the Committee on Sincerely, Ways and Means and no later than one year mestic family planning and promote the use of ANGELO R. MOZILO, after the date of enactment. I urge passage of contraception. Chairman and CEO. H.R. 1562, a common sense bill that brings f much relief to the Gulf Region. SUPPORTING THE GOALS AND STATE FARM INSURANCE COMPANIES, Bloomington, IL, April 12, 2007. f IDEALS OF FINANCIAL LITERACY Hon. RUBE´ N HINOJOSA, PARTIAL BIRTH ABORTION BAN MONTH Rayburn House Office Building, House of Rep- ACT resentatives, Washington, DC. SPEECH OF Hon. JUDY BIGGERT, HON. RUBE´N HINOJOSA Longworth House Office Building, House of HON. DENNIS J. KUCINICH Representatives, Washington, DC. OF OHIO OF TEXAS IN THE HOUSE OF REPRESENTATIVES DEAR REPRESENTATIVES HINOJOSA AND IN THE HOUSE OF REPRESENTATIVES BIGGERT: As a leader in insurance and finan- Thursday, April 19, 2007 Monday, April 16, 2007 cial services, State Farm strongly supports H Res. 273. This resolution in support of the Mr. KUCINICH. Madam Speaker, yester- Mr. HINOJOSA. Mr. Speaker, I submit the following letters regarding H. Res. 273, ‘‘Sup- goals and ideals of Financial Literacy Month day’s decision by the Supreme Court to up- porting the Goals and Ideals of Financial Lit- clearly illustrates the need for increased ef- hold the Partial Birth Abortion Ban Act threat- eracy Month.’’ forts to build financial and economic lit- ens a woman’s right to make her own choices eracy in the United States, especially among COUNTRYWIDE, young people. about abortion and consequently choices per- Calabasas, CA, April 12, 2007. taining to her own body. By upholding the first Hon. RUBE´ N HINOJOSA, State Farm is committed to promoting fi- ever federal abortion ban the Supreme Court House of Representatives, Rayburn House Office nancial literacy among Americans of all has brought us dangerously close to allowing Building, Washington, DC. ages. In 2006, State Farm contributed more than $1.3 million dollars to financial literacy politicians to make decisions regarding the Hon. JUDY BIGGERT, House of Representatives, Longworth House Of- programs; and, in 2007, we will contribute control a woman is allowed over her own nearly $2 million. Our contributions target body. fice Building, Washington, DC. Re: Support for H. Res. 273. the issue of financial literacy in many ways, The Court has, for the first time since its DEAR CONGRESSMAN HINOJOSA AND CON- from grassroots efforts that are led by original ruling in 1973 establishing a woman’s GRESSWOMAN BIGGERT: On behalf of Country- youth, to training aimed at teacher edu- right to an abortion, showed no consideration wide Financial Corporation I want to com- cation, to content designed for adults. for the health and safety of a woman. The de- mend you and your colleagues in the House On behalf of State Farm, I congratulate cision is contrary to that of six other federal Financial and Economic Literacy Caucus for you both on your continued leadership of the courts throughout the country. This decision the introduction of H. Res. 273, which sup- Financial and Economic Literacy Caucus. disallows exceptions to be made in instances ports the goals and ideals of Financial Lit- Your commitment to promoting the impor- eracy Month. tance of financial literacy through events where a woman’s health is at risk. In cir- Founded in 1969 on the belief that all like the upcoming Financial Literacy Day on cumstances where the banned procedure is Americans should have the opportunity to the Hill benefits not only your constituents, the safest for the health of the female patient, own a home, Countrywide has become the but thousands of other Americans seeking doctors will be powerless, except under threat largest home mortgage lender in the nation access to higher education, homeownership, of a two year criminal penalty, to do the right and a leader in providing home loans to first- retirement savings, and other fundamental thing for their patient. The American College time buyers, minorities and low- and mod- financial goals. of Obstetricians and Gynecologists, rep- erate-income families. Today, Countrywide We look forward to a continued relation- has grown to more than 54,000 employees ship with you as we work to address this resenting ninety percent of these medical offi- with 900 retail offices nationwide. We at cials, agrees that the ban causes interference very important issue. If State Farm can Countrywide share the sentiments and conserve as a resource to you or the Caucus, in medical decision making and is detrimental cerns expressed in H. Res. 273, and we strong- please feel free to contact me. to women’s health. ly support the goal of improving the quality Sincerely, The Court’s decision forces us to look at and reach of financial education in America, MICHAEL A. FERNANDEZ, where our society really is in respect to the particularly to lower- and moderate-income Vice President, Public Affairs. rights and equality of women. How can we, in individuals and families. To that end, in conjunction with Financial good conscience, tell the young women of Literacy Month Countrywide has launched CONSUMER MORTGAGE COALITION, today that they are equal and able to accom- its Home Ownership Mortgage Education Washington, DC, April 15, 2007. ´ plish their dreams if at the same time society (H.O.M.E.) program. The H.O.M.E. program Hon. RUBEN HINOJOSA, is seeking to control their actions and make is a comprehensive online reference tool, House of Representatives, Rayburn House Office decisions with regard to their own bodies? I available at www.HomeBvCountrywide.com. Building, Washington, DC. Hon. Judy Biggert, empathize with the frustration that women providing consumers with information on all aspects of homeownership, from basic per- House of Representatives, around the country are feeling today; I realize Longworth House Office Building, Washington, the greater restrictive implications implied by sonal finance to life as a homeowner. By offering this financial and homebuyer edu- DC. the Court’s ruling. cation program, Countrywide supports con- DEAR REPRESENTATIVES HINOJOSA AND I imagine that a woman’s decision to have sumers’ ability to make well-informed finan- BIGGERT: The Consumer Mortgage Coalition, an abortion, under any circumstances, must cial decisions as they pursue the dream of a trade association of national mortgage be one of the most difficult she will make in homeownership. lenders, servicers, and service providers, her life. It is a very private, very personal deci- The H.O.M.E. program is a further exten- strongly endorses the bi-partisan Congres- sion that is to be made by her and may in- sion of Countrywide’s founding mission and sional resolution, H.R. 273, supporting April as ‘‘Financial Literacy Month’’. We applaud clude the support of family, friends and med- one of several education initiatives that Countrywide supports. In January 2005, and thank you and all of the cosponsors of ical professionals. It is not a decision that is Countrywide announced a $1 million, five- this resolution for your efforts to both raise made lightly or without consequence. Today’s year commitment to the U.S. Conference of awareness about the critical need for finan- decision has perilously hindered a woman’s Mayors’ DollarWi$e Campaign. As a founding cial education in the United States and en- privacy and safety by allowing politics to inter- sponsor of the campaign, Countrywide sup- courage the government and the private sec- fere in medical decisions. ports Capacity Grants, a component of the tor to work towards our common goal on We must end the divisiveness that sur- campaign that makes grants to cities that this issue. rounds the issue of abortion so that we may are developing or expanding local financial Our nation’s finance system offers access begin the long overdue healing process. We education strategies for consumers. More to capital and mortgage credit to consumers than 100 cities now conduct local DollarWi$e of almost every economic condition. This has must work to limit the need for abortions while campaigns and Capacity Grants have been contributed significantly to raising our na- at the same time ensuring safety. Access to awarded to the following cities: Pleasanton tion’s homeownership rate to the highest in prenatal and postnatal care through expanded (CA), Quincy (IL), Bowling Green (KY), Quad history. Homeownership remains the funda- Medicare coverage will be an important com- Cities (IL, IA), Detroit, Savannah and mental first step towards an individual’s ponent as well as a living wage. I will maintain Miami. ability to accumulate personal wealth, as

VerDate Aug 31 2005 05:39 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A19AP8.042 E19APPT1 jcorcoran on PROD1PC62 with REMARKS April 19, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E799 well as contributing to neighborhood and aid. The school designed an optional online est rates and credit scores. ‘‘I have had a community stability, among many other at- class, covering budgeting, credit cards and couple of late payments that dinged me. I tributes. other basics for freshmen. The University of just thought, ‘Oh, one day late, not a big For most households, purchasing a home is Virginia has a pilot program, too. deal.’’’ But in the class she learned that the most significant financial transaction Financial companies offer occasional could cost major benefits. ‘‘If you go three they will ever make. Therefore, it is very im- courses on campus, and some have pitched in years [paying] on time, you could have a 3 portant that homebuyers understand and are on the Georgetown classes. The added focus percent decrease in the interest rate—which able to choose the mortgage loan product comes as scrutiny on universities’ relation- is amazing.’’ that best fits their individual financial ships with lenders increases and as Congress She doesn’t regret taking out the loans; needs. In order for a consumer to make the moves to ease the burden on students. she had so many great classes at Georgetown right choice, however, they must be finan- Some students arrive on campus used to that she kept switching majors, from pre- cially literate. managing credit, balancing budgets, maybe med to English and so on. ‘‘This is the place Moreover, a well-informed consumer is the even trading stocks. But others— that made me who I am,’’ she said, ‘‘The first line of defense against mortgage fraud ‘‘We get the sense that students don’t real- ideals, the professors, the chaplains, the and predatory mortgage origination prac- ly understand how money works,’’ said Greg friends I made.’’ tices. If consumers are able to fully under- Pasqua, a senior at Georgetown who heads She’s excited to become a chaplain or a stand the options before them, they will be the student-run credit union and helped or- grief and crisis counselor at a hospital after better able to defend themselves against ganize the seminars. ‘‘People do things that graduate school. She knows she won’t get those who hope to take advantage of them. aren’t very intelligent with their money. paid much, but she’s absolutely sure it’s From a broader perspective, our member Overdraw accounts six times on $2 purchases, what she’s meant to do. companies strongly believe that financial and get hit with six fees for buying bubble ‘‘There are some things I look back and education has a direct impact on the eco- gum. Or get reported to Equifax because you wish they were different,’’ she said. She nomic health of our families, our commu- didn’t pay your loan on time, and you’re might have taken out smaller loans, with nities, and our nation. like, ‘I’ll get it next time.’ ’’ less money for expenses. ‘‘I might have had Ryan said, ‘‘It’s amazing what some stu- Again, we thank and applaud you for your more of a realization that all of that was dents don’t know—that 30 to 40 percent of leadership on this important initiative. [racking up] interest and would take a long their proceeds will be taxed away . . . Even With best regards, I am time to pay back.’’ basic things like 401(k)s,’’ or whether they Sincerely, Now she has a better idea of how to man- should put money into the pretax retirement ANNE C. CANFIELD, age loans and evaluate benefits and salary. Executive Director. savings accounts. The classes reminded her to budget carefully At two recent workshops at Georgetown, and put money away for retirement when she students interrupted to ask, ‘‘What is a [From the Washington Post, Mar. 30, 2007] can. 401(k), anyway?’’ Then again, she’s not sure that had she MONEY’S ON THE LINE DURING THESE So professors and other experts sorted learned all this earlier it would have changed CLASSES: COLLEGES TEACH FINANCIAL BASICS through the unfamiliar names and the jar- many of the decisions she made. ‘‘Gradua- (By Susan Kinzie) gon, explained the types of benefit choices tion,’’ she said, ‘‘was so far away.’’ Heather O’Brien graduates from George- they’ll be expected to make, how to figure out what their monthly loan payments and f town University this spring with an edu- take-home pay will be, how to invest in their cation in biology, in English, in history. She 20s. SUPPORTING THE GOALS AND leaves with a newfound conviction that she It’s not difficult stuff. It’s just—who has IDEALS HIGHLIGHTED THROUGH should work in the ministry. And with about time to think about credit scores and inter- NATIONAL VOLUNTEER WEEK $63,000 in debt. est rates when there’s so much else going on? ‘‘When I got here,’’ she said, ‘‘finances Until a car loan or a lease is turned down SPEECH OF were the last thing on my mind. I was on my because of a bad credit score, or late fees pile own for the first time, in a new place. It was up. HON. PHIL HARE very exciting—and it seemed like college When O’Brien was a high school senior in OF ILLINOIS would last forever.’’ Texas, she was offered a full scholarship to IN THE HOUSE OF REPRESENTATIVES Now, she’s taking one last set of classes. another school. But she loved Georgetown; It’s a sort of Real World 101, a crash course when she visited, someone told her that ev- Tuesday, April 17, 2007 in money: Georgetown is offering a series of eryone there has been given many gifts and Mr. HARE. Madam Speaker, in celebration financial literacy workshops for seniors, cov- that they should think about how to give of National Volunteer Week, I rise today to ering such topics as loan repayment and con- back. solidation, spending, credit cards, taxes and honor the many volunteers in my Congres- So she didn’t pay too much attention to sional District and throughout the country. In benefits. the details of the loans she was taking out. The professors and other financial experts ‘‘When I was a freshman, I was like, ‘Loans, 1974, National Volunteer Week was estab- leading the classes all say the same thing: If great! I don’t have to pay them back ’til I lished to encourage Americans to dedicate only I’d known this when I was your age. stop going to school—cool.’ ’’ their time and energy to improving their com- ‘‘These are lessons best learned young,’’ It’s not just tuition (which is a hefty munities and making a difference in the lives said adjunct business professor Michael $33,000-plus this year, before housing, books of others. We observe these goals this week Ryan, ‘‘when there’s not a lot on the line.’’ and fees.) In Georgetown, with shops selling and reaffirm our commitment to supporting our Students are leaving college with more $200 jeans and bars mixing $15 cocktails, debt than ever, now that more of them have Nation’s volunteers. there are plenty of ways to bleed money Throughout our country, volunteers make to rely on loans, tuition keeps rising and within stumbling distance of campus. credit cards are being pushed on many cam- O’Brien didn’t make any big mistakes; she America better by reaching out to help their puses. The median education loan debt is was carefu1. She knew she didn’t want to neighbors in need. These caring individuals nearly $20,000 for full-time students at four- drop a couple of weeks’ paychecks from her give to people who have nothing, mentor chil- year colleges. And that’s not including credit on-campus job on a top from some little bou- dren who lack love and attention, feed those cards; more than half of students surveyed tique nearby; she’d rather take a bus to shop who are hungry, and shelter those who are this winter by Sallie Mae had piled on more somewhere cheaper. She’s not a big drinker, homeless. In the aftermath of hurricanes than $5,000 in debt in school. And one-third so she doesn’t wake up wondering what hap- added more than $10,000 in credit-card debt. Katrina and Rita, people throughout the coun- pened to her wallet. But she does like order- try came forward to help the Gulf Coast re- Some students treat credit cards and stu- ing music and books online, and she didn’t dent loans like found money, for spring realize how quickly it could add up. cover and rebuild—a true testament of the break trips or betting on NCAA brackets. ‘‘It wasn’t until senior year, when I had to American spirit. But many are struggling to afford college; pay my own rent and pay utilities, that I Since the original enactment of National nearly a quarter charge part of their tuition. really understood what $60,000 was,’’ she Volunteer Week, the number of volunteers has And most need to get used to managing ex- said, referring to her tuition debt. increased at incredible rates. The resolution penses, learning—often the hard way—as This year, too, she started setting rules for before us today rightfully acknowledges the they go along. herself. ‘‘I eat lunch on campus once a week diligent efforts of these millions of individuals Now some schools are adding courses on fi- and pack my lunch the other days.’’ And she nancial basics. Beginning this academic year limits her online purchases to $20 a month. who care deeply about the future of our coun- in Virginia, for example, public universities She opened a separate account for her rent try and their fellow citizens. are required to offer some financial literacy money so she’s not tempted to dip into it. I am extremely proud to be a cosponsor of training, said Barry Simmons, Virginia The classes have already changed her this legislation, and urge all my colleagues to Tech’s director of scholarships and financial mind-set, she said. She learned about inter- vote for its passage.

VerDate Aug 31 2005 05:09 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A19AP8.047 E19APPT1 jcorcoran on PROD1PC62 with REMARKS E800 CONGRESSIONAL RECORD — Extensions of Remarks April 19, 2007 PERSONAL EXPLANATION OFFERING HEARTFELT CONDO- For these families who struggle to meet LENCES TO THE VICTIMS AND their basic needs and the needs of their chil- THEIR FAMILIES REGARDING dren, an additional $1,200 each year will have HON. JULIA CARSON THE HORRIFIC VIOLENCE AT a significant impact on the family budget. The VIRGINIA TECH AND TO STU- legislation I am introducing today will allow OF INDIANA DENTS, FACULTY, ADMINISTRA- servicemembers to utilize G.I. Bill education IN THE HOUSE OF REPRESENTATIVES TION AND STAFF AND THEIR benefits to improve their family’s cir- FAMILIES WHO HAVE BEEN AF- cumstances and their future career opportuni- Thursday, April 19, 2007 FECTED ties. This legislation would help improve military Ms. CARSON. Madam Speaker, I regret SPEECH OF families’ quality of life by ensuring the G.I. Bill that I was not able to cast votes on the HON. CHRISTOPHER SHAYS continues to provide realistic and relevant edu- evening of Tuesday, April 17, 2007 due to the cational opportunities to servicemembers de- cancellation of my scheduled flight from Indi- OF CONNECTICUT IN THE HOUSE OF REPRESENTATIVES fending our country. anapolis to Washington’s Reagan National Air- The G.I. Bill Improvement Act of 2007 would port and subsequent flight cancellations at In- Wednesday, April 18, 2007 accomplish two critical goals: Eliminate the dianapolis. I understand that there was a Mr. SHAYS. Mr. Speaker, the thoughts and $1,200 G.I. Bill enrollment fee for active duty backlog of eastbound travelers and limited prayers of the entire Nation go out to the fami- servicemembers at pay grades E–5 and flight options due to previous significant storm lies and friends of those who lost loved ones. below, and allow all servicemen and women What happened at Virginia Tech on Monday systems in the northeast. serving on active duty to opt into the G.I. Bill was a senseless tragedy and it is important for with no penalty or enrollment fee. Had I been available to vote, I would have us to come together and find strength at such This is an issue of fundamental fairness. voted yes on: roll No. 214; roll No. 215; roll a sad time. The men and women serving our country in No. 216; roll No. 217 and roll No. 218. This is a time of profound mourning as there wartime should not have to choose between are few things more heart wrenching than the the long-term benefits of the G.I. Bill and the f loss of so many young lives. short-term demands of their paycheck. The sight of students and faculty coming to- This legislation will provide tremendous ben- IN CELEBRATION OF THE OPENING gether to comfort and support each other, efits to our Nation. The G.I. Bill is one of the OF THE ED AND RAE SCHOLL- however, is a stirring reminder of our Nation’s greatest investments ever made by the Amer- MAIER SCIENCE AND TECH- resolve. ican people in our economy and the lives of NOLOGY CENTER Mr. Speaker, this resolution has my support young men and women who selflessly serve in and the support of everyone who lives in the the military. The ‘‘Greatest Generation’’ Fourth Congressional District. servicemembers who returned home from HON. MICHAEL C. BURGESS f WWII and received a higher education under the G.I. Bill became our Nation’s entre- OF TEXAS INTRODUCTION OF THE MONT- GOMERY G.I. BILL IMPROVE- preneurs, teachers, doctors and community IN THE HOUSE OF REPRESENTATIVES MENT ACT OF 2007 leaders. R.C. Thompson, a former Commanding Offi- Thursday, April 19, 2007 cer of Top Gun, and a former Commander of HON. LEE TERRY a carrier airwing in Afghanistan, said: ‘‘This Mr. BURGESS. Madam Speaker, I rise OF NEBRASKA legislation would send a great signal to our today to congratulate Texas Wesleyan Univer- IN THE HOUSE OF REPRESENTATIVES young men and women in uniform that our sity on the completion of the new Ed and Rae Thursday, April 19, 2007 Nation is unified behind them, and our sense Schollmaier Science and Technology Center. Mr. TERRY. Madam Speaker, I rise today to of purpose remains strong. I was fortunate to This new learning center will facilitate ac- introduce the Montgomery G.I. Bill Improve- receive my education through the G.I. Bill, and cess to genomic databases for use in biology, ment Act of 2007 to eliminate the burdensome I know that $100 a month is a lot of money to chemistry and computer science courses at enrollment fee that prevents more of our a young married person serving overseas. Texas Wesleyan. The technology center will young soldiers, sailors, airmen and marines This legislation will enable them to do a lot of good for their families when they return be a valued resource for students and faculty from gaining a college education. home.’’ working in the disciplines of biology, chem- Today’s military members are consummate professionals meeting the difficult challenges I urge my colleagues to join me in improving istry, physics, computer science, and math. of their service with courage, skill and exper- opportunities for our servicemembers and their Texas Wesleyan science educators will be tise. Obtaining a college education is critical to families by cosponsoring the Montgomery G.I. able to provide state-of-the-art learning oppor- expanding their expertise to better serve the Bill Improvement Act of 2007. tunities to its diverse student body. Under- United States and the cause of freedom. How- f graduate students at Texas Wesleyan will be ever, the current $100 monthly enrollment fee H.R. 1495, WATER RESOURCES DE- provided with scientific research opportunities required for participation in the Montgomery VELOPMENT ACT OF 2007; VOTE that are typically available only to graduate G.I. Bill could prevent young enlisted military 233: ON THE MOTION TO RECOM- students. families from furthering their education. MIT WITH INSTRUCTIONS More than half of the enlisted men and Founded in 1890 in Fort Worth, Texas, women in our armed forces have family re- Wesleyan University is a United Methodist in- sponsibilities that limit their income choices. HON. JOHN J. HALL OF NEW YORK stitution dedicated to the education of students Currently, only 3.9 percent of enlisted active- IN THE HOUSE OF REPRESENTATIVES in the region and beyond. The University of- duty members of the armed forces have a fers a wide range of degrees for under- bachelor’s degree, compared to 86.6 percent Thursday, April 19, 2007 graduate and graduate students and educates of the officers’ corps. The $100 per month en- Mr. HALL of New York. Madam Speaker, al- international students from 28 countries rollment fee required for participation in the though I am a staunch advocate of increasing I congratulate Texas Wesleyan University as G.I. Bill sets up an unnecessary barrier to the use of hydroelectric power to meet Amer- educational opportunities for enlisted military ica’s energy needs, I voted against the motion it continues to progress as a distinguished and families trying to make ends meet and care for to recommit H.R. 1495 because it does not diverse educational institution, and I am proud their children. constitute a good-faith effort to meet this im- to represent them in Congress. I have heard from current and former mili- portant goal. tary members, public housing organizations, Under the guise of supporting renewable and groups advocating on behalf of military energy, the amending language contained in families that enlisted military members at pay the motion to recommit would have directed grades E–5 and below would most benefit the Secretary to undertake a boundless survey from the elimination of the $1,200 annual en- of America’s waterways and wherever pos- rollment fee. sible to augment existing hydroelectric dams

VerDate Aug 31 2005 05:26 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.052 E19APPT1 jcorcoran on PROD1PC62 with REMARKS April 19, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E801 or build new ones. While supporters of the risk men, a proposal forcefully fought by many cosponsored by the gentleman from Maryland motion may attempt to portray it as advancing local businesses and residents. (Mr. BARTLETT) the gentleman from Con- ‘‘green’’ solutions to our energy challenges, This year, the 23rd Street Association is necticut, Mr. LARSON, the gentlelady from Cali- the reality is that the language only required honoring Mr. Joseph Roberto of North Fork fornia, Ms. ESHOO, the gentlelady from Cali- economic considerations to be taken into ac- Bank with its Distinguished Citizen Award. A fornia, Ms. SOLIS, the gentlelady from New count and provided no framework or guidance veteran of New York’s business community, York, Mr. HALL, the gentleman from Wash- regarding the environmental suitability of po- Joseph Roberto began his career by working ington, Mr. MCDERMOTT, and the gentleman tential hydroelectric sites or requirements to in his family business, a chain of retail stores from Massachusetts, Mr. OLVER. This legisla- account for environmental impact mitigation or known as Pzaz, from 1979 through 1998. In tion will jump-start U.S. defense planning for wildlife protection. 1998, Mr. Roberto joined North Fork Bank, the security consequences of global warming I am strongly supportive of exploring bene- where he currently serves as the Divisional by authorizing a National Intelligence Estimate ficial ways to increase the role that Senior Vice President for Manhattan. Over- (NIB) to assess the implications of global hydroelectricity plays in our energy mix, and seeing the bank’s 45 Manhattan locations, Mr. warming to United States security and military look forward to working with my colleagues on Roberto has still found time and boundless en- operations. Our bill, the House companion to pursuing environmentally responsible hydro- ergy to devote to his community and to count- legislation already introduced by Senator DUR- electric options such as installing low-head hy- less worthy causes ranging from the American BIN and Senator HAGEL, will provide a crucial droelectric turbines in existing small dams. It is Cancer Society to United Cerebral Palsy to planning and risk-assessment tool as the Con- extremely important that we explore such al- the Special Olympics. gress seeks innovative solutions to global ternatives, but we must do so in a way that is The 23rd Street Association’s president, warming. Developed to assess the most seri- thoughtful, measured, and responsible. The Sharon L. Ullman, has compiled an excep- ous threats to the United States, NIBs are the language in the motion to recommit could tional record of service to the community. She most authoritative intelligence judgments on have opened the door to reckless, counter- spearheaded the establishment of the new national security issues. This legislation will productive hydroelectric projects and so I Flatiron/23rd Street Partnership Business Im- also fund research by the Defense Depart- chose to vote against it. provement District, working tirelessly for 5 ment into the consequences for U.S. military f years planning the project, raising the funding operations posed by global warming. needed to bring it to fruition, and inspiring the It seems clear that our geopolitical and na- IN RECOGNITION OF THE 23RD will and energy to make it such an outstanding tional security posture will only grow worse if STREET ASSOCIATION AND ITS success for local businesses and residents we do not act forcefully to curb our dangerous 2007 DISTINGUISHED CITIZEN, alike. She has also dedicated herself to the dependence on imported oil and reduce our MR. JOSEPH ROBERTO OF NORTH community by serving as the Warden of Madi- emissions of global warming pollution. At the FORK BANK son Square Park and as a longtime board beginning of February, the world’s top sci- member of worthwhile organizations like the entists, as part of the United Nations’ Intergov- HON. CAROLYN B. MALONEY Associated Blind, Inc. Ms. Ullman was also ernmental Panel on Climate Change (IPCC), OF NEW YORK named one of the top 100 New Yorkers by provided a scientific smoking gun that human IN THE HOUSE OF REPRESENTATIVES New York Resident magazine. activities were unequivocally responsible for Thursday, April 19, 2007 Madam Speaker, I request that my col- global warming. Two weeks ago, their second leagues join me in paying tribute to the 23rd report told us what happens when the climatic Mrs. MALONEY of New York. Madam Street Association, its president, Sharon L. Ull- bullet hits. The developing world will bear the Speaker, I rise to pay tribute to the 23rd Street man, and its honoree, Joseph Roberto, for brunt of the collateral damage from our his- Association, Inc., of New York City, its Presi- their outstanding service and dedication to the toric global warming emissions, but the United dent, Sharon L. Ullman, and its honoree Jo- civic life of our nation’s greatest metropolis. States will experience its own self-inflicted seph Roberto on the occasion of its annual f wounds, including threats to our national secu- Distinguished Citizen Award Luncheon. This rity and military readiness. year, the Association is bestowing its Distin- THE GLOBAL CLIMATE CHANGE The United States must act now to under- guished Citizen Award upon Mr. Joseph Ro- SECURITY OVERSIGHT ACT stand the security implications of global warm- berto, Divisional Senior Vice President of ing. The Global Climate Change Security North Fork Bank, for his outstanding service to HON. EDWARD J. MARKEY Oversight Act will allow us to do so. the community. OF MASSACHUSETTS f The 23rd Street Association was formed in IN THE HOUSE OF REPRESENTATIVES 1929 by 22 local business leaders to improve CONGRATULATIONS TO MR. environmental conditions and promote eco- Thursday, April 19, 2007 WILLIE BEASLEY ON THE OCCA- nomic development in Manhattan. Since that Mr. MARKEY. Madam Speaker, I rise today SION OF HIS 94TH BIRTHDAY ON time, the 23rd Street Association and its civic- to introduce the Global Climate Change Secu- APRIL 28TH, 2007 minded members have devoted themselves to rity Oversight Act. maintaining and improving the quality of life for The nexus between global warming and the HON. DANNY K. DAVIS both businesses and residents of the vital and national security of the United States is a cru- OF ILLINOIS thriving area of Lower Manhattan between cial, yet long-ignored, issue. The adverse con- IN THE HOUSE OF REPRESENTATIVES 18th and 28th Streets. Today, the Association sequences of rising global temperatures plays an active role in the development and present not only a potential environmental ca- Thursday, April 19, 2007 growth of the 23rd Street area, including the tastrophe but a national security emergency. Mr. DAVIS of Illinois. Madam Speaker, It is Gramercy Park and Flatiron neighborhoods The security-related consequences of global with great pleasure that I rise to congratulate and the Stuyvesant Town and Peter Cooper warming will range from hampering U.S. mili- Mr. Willie Beasley on the occasion of his 94th Village middle-income housing developments. tary operations to worsening the scarcity of birthday which will take place on April 28, The Association also addresses a broad essential resources in already unstable re- 2007. Madam Speaker, to live a long life is in- range of citizen complaints and concerns by gions—which can lead to the failed states that deed desirable and many of us would find it working closely with local community boards are a central breeding ground for terrorism, most desirable. However, to live a long, as well as city, state and federal government But because the U.S. intelligence community healthy wholesome and productive life is awe- agencies. Whether forming a partnership with has never analyzed the potential for global some. Such has been the blessed fate of Mr. the New York City Department of Transpor- warming to harm our national security, we lack Willie Beasley who has been a great husband, tation to ameliorate traffic congestion in Lower a thorough understanding of what these wonderful father, tremendous churchman and Manhattan or purchasing and planting hun- threats are. This means that the Department a civic leader who has understood what it dreds of trees in conjunction with the City of Defense and other security agencies cannot should mean to live in a free and democratic Parks Department, the Association’s commit- comprehensively plan for the security con- society. For many years, Mr. Beasley was an ment to improving the neighborhoods and sequences of global warming the way that outstanding leader at the Carey Certentenary communities it serves has been truly remark- they plan for countless other serious contin- AME Church, he and his family were anchored able. In recent years, the 23rd Street Associa- gencies. in the community and to this day his children tion worked to block a plant to substitute a Today, I am introducing the ‘‘Global Climate Ward and Carol continue in his and the fam- nearby women’s shelter with a facility for high- Change Security Oversight Act.’’ This bill is ily’s tradition.

VerDate Aug 31 2005 05:09 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.056 E19APPT1 jcorcoran on PROD1PC62 with REMARKS E802 CONGRESSIONAL RECORD — Extensions of Remarks April 19, 2007 Therefore, Mr. Beasley, I congratulate you tor Paul Kelly called Bob, ‘‘The greatest ath- teers his time as part of the Passaic County on a long productive and beneficial life, I also lete he ever coached—bar none,’’ and ‘‘a nat- Coaches Association, the Old Timers Associa- commend you and your family for your active ural.’’ Bob was named to the All State teams tion of Greater Paterson, and The Do-Good civic and community involvement. It has been in all three sports. His record has stood the House. a pleasure to personally know you and your test of time; in 2000 he was named a Passaic What Bob is proudest of is his strong moral family and to have had you as part of my life. County ‘‘Player of the Century’’ in football by and ethical standards, which led his coaches I thank you Madam Speaker. the Bergen Record and Herald News. to nickname him ‘‘The Monsignor.’’ Sports- f Bob caught the attention of some of our manship has always been his first priority for area’s most legendary coaches, Al Yaskiw and his players, coaches, and the fans. This effort KURT VONNEGUT, JR.’S CONTRIBU- Manlio Boverini of Passaic, Arthur Argauer of is shown by the many times the NJSIAA has TION TO AMERICAN LITERATURE Garfield, and Paul Kelly of Pope Pius XII. given Kennedy its ‘‘Sportsmanship Award,’’ They mentored him, and helped him earn nu- and the NNJIL Sportsmanship banners they HON. DAVID LOEBSACK merous football scholarships. He accepted a have earned. Always important to Bob has OF IOWA full football scholarship to the University of Vir- been his family; he and Florence celebrated IN THE HOUSE OF REPRESENTATIVES ginia, where he played offensive center and their 52nd anniversary this month. His daugh- defensive linebacker. He continued to thrive, ter lives nearby with her husband Jim Giblin Thursday, April 19, 2007 being part of a defense that in 1952 was num- and their two children. His grandson James is Mr. LOEBSACK. Madam Speaker, I rise ber one in the Nation. In 1954, he returned to a sophomore at The College of New Jersey today to speak about Kurt Vonnegut Jr. and to Passaic to coach football at Passaic High. and his granddaughter Kristen is a senior at extend my condolences to his family on his Later that year, he completed R.O.T.C. and Wayne Valley High School. passing. was commissioned a Second Lieutenant in the The job of a United States Congressman in- While teaching at the Iowa Writers’ Work- U.S. Army. He was sent to Fort Knox, KY for volves much that is rewarding, yet nothing shop, which I am honored to represent in training in the Armor Division, and assigned to compares to working with and recognizing the Iowa’s Second District, Mr. Vonnegut received serve in Germany. Bob married his wife, Flor- efforts of dedicated public servants like Bob. the Guggenheim Scholarship to return to ence, on April 17, 1955, and they moved to- Madam Speaker, I ask that you join our col- Dresden, Germany and begin work on the gether to Wieseck, Germany. While there, leagues, the students of the Paterson Schools, novel that would eventually come to be known their daughter, Karen, was born in Frankfurt, the City of Paterson, the State of New Jersey, as Slaughterhouse Five. Mr. Vonnegut taught Germany. Bob’s family and friends, and me in recog- at the Workshop from 1965–1967, and Iowa In 1956, Bob returned from Germany and nizing Bob Gut’s outstanding service to his mourns the loss of one of America’s finest began his professional career teaching phys- community. writers and one of the many fine writers who ical education at School 21 in Paterson. Dur- f have helped to carry on the tradition of excep- ing his first year of teaching, he was trans- IN HONOR OF PETER SHUGERT tional writing in Iowa. ferred to Central High where he taught Kurt Vonnegut was a writer capable of cap- science and was the school’s first track coach. turing the imagination of not only his genera- In 1965, Central closed, and Bob moved to HON. ALBIO SIRES OF NEW JERSEY tion, but of America’s youth for generations to the new John F. Kennedy High School. While IN THE HOUSE OF REPRESENTATIVES come. His works examine the moral compass teaching at Kennedy, Bob coached many of America, and his often hilarious satirization teams. He became the head coach of golf, Thursday, April 19, 2007 of the culture of our time has earned him the track and tennis and was an assistant to many Mr. SIRES. Madam Speaker, I rise in honor rightful reputation of America’s most cele- great football coaches like Nelson Graham, of Peter Shugert, Chief Public Affairs Officer of brated satirist since Mark Twain. Yet he was Aubrey Lewis, Joe Biscayan, Bob Smith, and the Army Corps of Engineers, who is about to also a humanist who not only examined some Jim Bradshaw. In 1960–65, he was head foot- retire after more than two decades of dedi- of the most defining moments in our history— ball coach at Pope Pius XII while teaching at cated service. Mr. Shugert has worked tire- most famously World War II in Slaughterhouse Kennedy. In 1966 he returned to the assistant lessly, not only to keep area residents in- Five—but also, and in spite of the violence he coach role at Kennedy, and in 1974 became formed of vital Corps operations, but he has had seen as a prisoner of war, concluded that the Knights head coach. In 1974 the football also gone above and beyond the call of duty human kindness is alive and well. His con- team had its first undefeated season, going 9– by becoming a treasured liaison during emer- tributions to American culture are immense 0. Importantly, his team never lost a Thanks- gencies between government agencies and and will not soon be forgotten. giving game to Eastside, and shut the Ghosts the people of the New York Metropolitan re- Thank you, Mr. Vonnegut, for your contribu- out in four of the six games. gion. tion to American literature. In 1979, Bob became the Athletic Director at Mr. Shugert, who earned a reputation as a f Kennedy High, which under his leadership in highly credible spokesperson and media rep- the 1980s and 90s, became known as ‘‘Cham- resentative for the United States Army, began TRIBUTE TO ROBERT E. GUT pionship High.’’ The Boys Basketball team his professional career in the military. His won four County titles in a row, and a sec- service in the Vietnam War won him the Na- HON. BILL PASCRELL, JR. tional title; the Girls team won five straight tional Defense Service Medal, the Army Com- OF NEW JERSEY county titles and the Tournament of Cham- mendation Medal, the Vietnam Service Medal IN THE HOUSE OF REPRESENTATIVES pions. Championships, League and Sectional and the Vietnam Campaign Medal. titles were also won by the Track, Cross In 1977, Mr. Shugert became Public Affairs Thursday, April 19, 2007 Country, Soccer, Baseball and Football teams. Specialist for the Military Traffic Management Mr. PASCRELL. Madam Speaker, I would As Athletic Director, Mr. Gut has organized the Command in Virginia, and in 1982, made im- like to call to your attention the deeds of a annual John F. Kennedy All Sports Awards portant contributions to the Office of the Chief person I am proud to represent, Mr. Robert E. Dinner, and he was involved in the creation of of the Army Reserves, where he developed Gut, who will be recognized on Thursday, April the Central-Kennedy Athletic Hall of Fame. products to increase public awareness. 19, 2007 on the occasion of his retirement, for Bob’s professionalism has extended beyond In his 20 years as Chief of Public Affairs for his dedication to education and scholastic Passaic County. He has long been a high the U.S. Army Corps of Engineers District of sports. school referee and umpire. He formerly served New York Division, Mr. Shugert developed Bob was born in 1932 to Antonina and as President of the Tri-County Basketball Offi- and maintained excellent media relations that Frank Gut. He and siblings Nellie, Stanley and cials Association, which held tournaments for ensured the best possible image for the Army Eugene grew up in the City of Passaic until freshman and JV teams from 32 schools. He Corps of Engineers. During his service, Mr. the family purchased a home and moved to has served for the past 28 years as the Chair- Shugert faced the tragedy of the 9/11 terror Garfield. Bob attended Holy Rosary Elemen- person of Bowling in the Northern New Jersey attacks and worked around the clock to keep tary and Pope Pius XII High School in Pas- Interscholastic League. He has served for 20 the public informed. His dedication earned him saic, where his talents began to shine. He years on the Advisory Board and Eligibility the Locke L. Mouton Award for Excellence in earned varsity letters in three sports each year Committee of the NJSIAA, the governing body Public Affairs, the Crisis Communications and was captain of the baseball and basket- of high school sports in New Jersey, and has Award, the Superior Civilian Service Medal, ball teams and co-captain of the football team. been the chairperson of the Eligibility Com- and the Civilian Award for Humanitarian Serv- Upon his retirement, coach and athletic direc- mittee for the past 10 years. He also volun- ice.

VerDate Aug 31 2005 05:09 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.059 E19APPT1 jcorcoran on PROD1PC62 with REMARKS April 19, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E803 Mr. Shugert also acted as an important liai- HOMEGROWN TERRORISM FREEDOM FOR ALFREDO MANUEL son between government officials and area PREVENTION ACT OF 2007 PULIDO LO´ PEZ residents during the floods that devastated parts of New Jersey in 2000. More recently, HON. JANE HARMAN HON. LINCOLN DIAZ-BALART he was instrumental in disseminating informa- OF FLORIDA tion during the difficult removal of the Intrepid OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Museum from Pier 86 in New York, for its re- IN THE HOUSE OF REPRESENTATIVES Thursday, April 19, 2007 construction in Bayonne, New Jersey. In addition, Mr. Shugert has offered his un- Thursday, April 19, 2007 Mr. LINCOLN DIAZ-BALART of Florida. Madam Speaker, I rise today to speak about wavering support to the Elizabeth River Arthur Ms. HARMAN. Madam Speaker, as Chair of Dr. Alfredo Manuel Pulido Lo´pez, a political Kill Watershed Association Earth Day Celebra- the Homeland Security Subcommittee on Intel- prisoner in totalitarian Cuba. tion. The event teaches hundreds of students ligence, Information Sharing & Terrorism Risk Dr. Pulido Lo´pez is an independent jour- about the importance of protecting our envi- Assessment, today I am introducing the bipar- nalist and a member of the Christian Libera- ronment. tisan Homegrown Terrorism Prevention Act of tion Movement. Before he became a human Please join me in recognizing Peter Shugert 2007. Ranking Member DAVE REICHERT joins rights activist and a leader in the pro-democ- for being the most loyal of civil servants. I con- me as co-author of this bill. gratulate him and wish him continued success racy movement in a country oppressed by a April 19th marks the 12th anniversary of the in future endeavors. totalitarian tyrant, he worked as a dentist. In Oklahoma City bombing, which claimed 168 f 1998 he was forced from his job because of lives and injured over 800. Only September his support for democracy and the rule of law. INTRODUCTION OF THE LEGAL 11, 2001, eclipses that dark day as the dead- In 2001, Dr. Pulido Lo´pez joined the ‘‘El EMPLOYEE VERIFICATION ACT liest act of terrorism on U.S. soil. Mayor’’ news agency in Camagu¨ey, Cuba to My own district in California has not been expose the despotism and corruption of the HON. BRAD ELLSWORTH spared from the threat of homegrown ter- tyranny as an independent journalist. He wrote OF INDIANA rorism. An episode there offers a chilling illus- on all aspects of totalitarian Cuban society IN THE HOUSE OF REPRESENTATIVES tration of the type of domestic threat we face. and contributed to numerous foreign press In the spring of 2005, four men—three U.S. agencies because he wished to make known Thursday, April 19, 2007 citizens and one Pakistani national residing le- the true nature of the regime that enslaves Mr. ELLSWORTH. Madam Speaker, I rise gally in this country—finalized plans for a se- Cuba. today to introduce the Legal Employee ries of gas station robberies intended to fi- On March 18, 2003, as part of the regime’s Verification Act and ask for its consideration nance terrorist attacks around Los Angeles. deplorable island wide crackdown on peaceful and support. This bill overhauls the broken Their kill targets were U.S. military bases and prodemocracy activists, Dr. Pulido Lo´pez was employment verification system we have today recruiting stations, the Israeli Consulate, syna- arrested because he wrote the truth about a and replaces it with the mandatory, efficient, gogues filled with worshipers on Jewish holy ruthless and repressive tyranny. After a sham and transparent process our country needs. days, and the El Al ticket counter at LAX. trial, where he was accused of ‘‘endangering Today, too many working men and women The indictment alleges the men were pawns independence and the state’s territorial integ- are denied the job opportunities they deserve of an inmate at Folsom Prison who had em- rity’’ and of ‘‘writing tendentious articles on because it is more convenient for some em- braced radical Islam after being incarcerated various aspects of national and provincial life,’’ ployers to go around the system and hire an and founded the militant prison gang ‘‘Assem- Dr. Pulido Lo´pez was sentenced to 14 years illegal immigrant. Employers who break the bly of Authentic Islam.’’ One of them was in a totalitarian dungeon. law should be held accountable, and the Em- radicalized by the inmate while doing time at On April 18, 2006, Rebecca Rodriguez ployment Eligibility Confirmation System cre- Folsom; his accomplices were recruited from a Souto, Dr. Pulido Lo´pez’s wife, visited her ated by this bill will make it more difficult to local mosque and had no criminal records. husband and was immediately alarmed by his evade our employment regulations. At the The men engaged in a spree of 11 armed condition and the severity his deterioration. same time, business owners who play by the gas station robberies until their arrest by local According to a report she filed with the Com- rules every day can rest assured that they are police in July 2005. A subsequent search of mittee to Protect Journalists (CJP), Dr. Pulido competing on a level playing field. their apartment uncovered jihadist literature, Lo´pez is dangerously malnourished, deeply Instead of dealing with a confusing process bulletproof vests and a list of potential targets. depressed, and having great difficulty breath- that often yields inconclusive results, if any, Local police promptly contacted the FBI, which ing. Since his incarceration he has lost over employers will quickly know the status of their led to a major investigation involving more 40 lbs and he finds it difficult to consume the prospective employees. Within as little as one than 200 agents, Los Angeles police detec- grotesque food fed to the political prisoners. day, an employer will know whether that per- tives, and counterterrorism officials. Despite his seriously declining health, Dr. son is eligible to work here in the United Pulido Lopez continues to be caged in a totali- The suspects now await trail, and are States. This efficient system will bring peace tarian dungeon, sharing its squalor with at charged with conspiring to wage war against of mind to both employers and employees by least 100 hardened common criminals. He has the U.S. government through terrorism; kill giving definitive answers in reasonable periods witnessed innumerable acts of violence and members of the Armed Forces; and murder of time. he must continually fear for his life. In addition, the Legal Employee Verification foreign officials. Also fearing for her husband’s life, Rebecca Act makes use of the technology used in our Homeland Security Secretary Michael Rodriguez Souto has repeatedly requested nation’s immigration documents. Chertoff has said that ‘‘radicalization is a glob- that the tyranny release her husband on med- This critical security upgrade currently helps al problem that must be addressed through fo- ical parole. She has yet to hear a response fight identity fraud and gives security officials cused efforts targeting its root causes.’’ This from the brutal tyrant’s machinery. Dr. Pulido a new tool to protect our country from those legislation does just that. It would establish a Lo´pez himself has stated that he has no real who seek to do us harm. Now this upgrade grant program to provide funds to the States reason to ask for medical parole since he is will also discourage illegal immigrants from to foster badly needed vertical information an innocent man to begin with, and that what using falsified documents to secure jobs here, sharing down to the local level. It would create the dictatorship’s officials really have to give giving our law-abiding workforce a fair shot at a Center of Excellence for the Prevention of him is his freedom. To his wife he has ex- every job available. Radicalization and Home Grown Terrorism to plained that with every day he is firmer in his I don’t fault people for wanting to come to examine the social, criminal, political, psycho- convictions, that he will not renounce them, live and work in America. It’s a great place to logical, and economic roots of homegrown ter- and that ‘‘they (the tyranny) can do what they live and raise a family. All I ask is that they do rorism and to propose solutions. It would re- want.’’ it legally. quire Homeland Security officials to learn from Dr. Pulido Lo´pez was arrested because of Madam Speaker, it’s time we get serious other nations that have experienced their own his belief in liberty. His commitment to free- about enforcing our immigration and employ- Oklahoma City tragedies. And, perhaps most dom, in the face of his declining health and ment laws. The Legal Employee Verification importantly, it would ensure that our cherished the regime’s complete and utter disregard for Act will give us important new tools to do just civil liberties, the protections and safeguards human rights and dignity, is a testament to the that. It’s common-sense policy, and I’m proud guaranteed by our Constitution, are protected. heroism of the Cuban people. It is abominable to introduce this bill for consideration. We urge its enactment. that just 90 miles from our shores Castro’s

VerDate Aug 31 2005 05:26 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.063 E19APPT1 jcorcoran on PROD1PC62 with REMARKS E804 CONGRESSIONAL RECORD — Extensions of Remarks April 19, 2007 subhuman gulags are full of men and women, ‘‘EXPANDING THE PROMISE FOR Congressional Coalition for Autism Research like Dr. Pulido Lo´pez, who represent the very INDIVIDUALS WITH AUTISM ACT & Education, C.A.R.E., which currently in- best of the Cuban nation. OF 2007’’ cludes over 160 Members of Congress. The Madam Speaker, we must speak out goals of the bipartisan Coalition for Autism Re- against this unconscionable crime against hu- HON. CHRISTOPHER H. SMITH search and Education are straightforward, to: increase general awareness of autism and au- manity. My Colleagues, we must demand the OF NEW JERSEY tism spectrum disorders among Members of immediate release of Alfredo Manuel Pulido IN THE HOUSE OF REPRESENTATIVES Congress and policy analysts in Federal gov- Lo´pez and every political prisoner in totali- Thursday, April 19, 2007 ernment; educate Members of Congress on tarian Cuba. Mr. SMITH of New Jersey. Madam Speaker, current and future initiatives and developments I want to express my strongest support for the regarding autism; serve as a forum where au- f ‘‘Expanding the Promise for Individuals with tism-related policy issues can be exchanged, HONORING THE LIFE OF KYLE Autism Act of 2007,’’ H.R. 1881, and I was debated, and discussed; bring together public, ROBERT WILSON very pleased to join my friend and colleague private, and government entities to pursue leg- Rep. MIKE DOYLE of Pennsylvania this week in islative initiatives that will help improve the introducing this important legislation. H.R. lives of individuals with autism and their fami- HON. TOM DAVIS 1881 addresses a very critical need—to pro- lies; and promote all means to assist with the vide assistance to the 1.5 million Americans challenges of families and loved ones affected OF VIRGINIA with autism who are in desperate need of by autism. IN THE HOUSE OF REPRESENTATIVES treatments and services throughout their lives. Although it is still not sufficient, we have had From my first session in Congress in 1981, significant success in advocating for increased Thursday, April 19, 2007 I have been a consistent advocate for individ- funding for autism programs—funding that has uals with developmental disorders, including increased by nearly 10 times the amount it Mr. TOM DAVIS of Virginia. Madam Speak- was in the mid-1990s. In 1995, NIH invested er, I rise today to honor the life of Kyle R. Wil- autism. But autism came into a particularly strong focus in 1998, when two of my constitu- about $10.5 million into autism research. The son and to recognize his service to our com- estimated budget for autism research in fiscal munity. ents, Bobbie and Billie Gallagher of Brick, NJ, contacted me with concerns about an elevated year 06 is nearly 10 times that amount—$108 I come to the floor to speak of the bravery level of autism cases in the township of Brick. million. At the CDC, autism funding has in- exhibited by Technician Wilson who served on The concerns of the Gallaghers—parents of creased from $287,000 in 1995 to an esti- the Prince William County Department of Fire two autistic children themselves—led me to re- mated $15.1 million in 2006. By introducing the ‘‘Expanding the Promise and Rescue since January of 2006. Techni- quest that the Federal Agency for Toxic Sub- for Individuals with Autism Act,’’ EPIAA, we cian Wilson and his unit from Occoquan- stances and Disease Registry and the Centers are building on our progress over the past Woodbridge-Lorton (OWL) Station 12 in for Disease Control and Prevention, CDC, decade and particularly on some legislative Woodbridge responded to a three alarm house conduct an investigation into a possible autism accomplishments during the last Congress. fire early on the morning on April 16th, 2007. cluster in Brick. Many members of the C.A.R.E. caucus joined Tragically, he was killed in the line of duty The results of this investigation, one of the in supporting and passing last December the while heroically attempting to save the lives of first federal studies on autism, were quite ‘‘Combating Autism Act,’’ important legislation others. alarming. Higher rates of autistic disorder and which focused on improving autism-related re- Kyle was a longtime resident of Prince Wil- autism spectrum disorders, ASDs, were found search funded through the National Institutes liam County and attended C.D. Hylton High in Brick Township relative to rates from pre- of Health, autism surveillance, and early School in Woodbridge, VA where he was a viously published studies. However, we have screening and diagnosis. Also last year, the star baseball player for the Bulldogs. The now come to learn that the high rate of autism caucus was successful in securing in the Fis- bravery Kyle demonstrated Monday was typ- found in Brick Township was not an isolated cal Year 2007 Department of Defense Appro- ical of his personality. His former baseball incident; it was the window to a nationwide priations bill $7.5 million in an Army research coach described him to have all the qualities phenomenon. account for the purpose of improving treat- of a leader, specifically that he was fearless Earlier this year—on February 8, 2007, the ment of individuals with autism. and willing to make sacrifices for others. Due CDC released groundbreaking data docu- Notably, these successful efforts to date to this strong character and devotion to commenting the high prevalence of autism around have focused primarily on surveillance and munity, it was no surprise to his coach that the country. As a result of this landmark study, biomedical research. While these efforts are Kyle found his calling as a firefighter. it is now believed that 1 out of every 150 chil- absolutely critical, the reality is that we have Upon graduation from Hylton, Kyle went on dren born in the United States suffers from a approximately 1.5 million individuals in the to study athletic training and earned his de- form of autism. U.S. with autism, and they and their families gree from George Mason University in 2005. The numbers are even more shocking when are in desperate need of services to assist He joined the fire department in January 2006, you examine the results from New Jersey. Au- them in their daily lives and to help individuals graduating from the recruit academy that tism was shown to affect 1 in every 94 New with autism to realize their full potential as June. Assistant Prince William County Fire Jersey children analyzed in the recent feder- members of our communities. Today, we are Chief Kevin McGee described Kyle as an ‘‘out- ally funded study. That same study, based on focusing our efforts on providing services to standing young man, who was one of the best 2002 data, showed that 1 in every 60 boys in aid families facing the challenges of providing of our best.’’ Kyle is survived by his father New Jersey is afflicted with a form of autism. lifetime care for their autistic children from first Bob, mother Sue, brother Chris, sister Kelli, While the numbers are profound, it is the re- diagnosis through adulthood. and his girlfriend Kristi Silor. ality of the lives behind the numbers which call The ‘‘Expanding the Promise for Individuals for our compassion, dedication, and legislative with Autism Act of 2007,’’ which was earlier in- In my experiences with the department, I action. The physical, emotional, and financial troduced in the Senate and which we intro- have seen its unwavering dedication to the impacts of autism on individuals, families, and duced this week in the House, is comprehen- Prince William County community. Kyle was society are staggering. Autism can overwhelm sive legislation which authorizes approximately an example of Prince William’s finest. Every families, as their lives become consumed with $350 million over 5 years to provide treat- day firefighters selflessly put their lives on the the considerable challenges of identifying ap- ments and services across the lifespan. It is line to save others, and Kyle made the ulti- propriate biomedical and psychosocial treat- incumbent upon us to act now to pass this mate sacrifice. Let us never forget the sac- ments, schooling and other needed support legislation that will facilitate the provision of rifice he made. systems for their autistic child—and eventually treatments and services for autistic individuals Madam Speaker, in honoring Kyle I would for an autistic adult. Most of the parents of an throughout their lives. As provided for in this like to take this opportunity to thank all the autistic child whom I have met express a high legislation, assistance needs to be largely men and women that put their lives on the line level of fear and apprehension about serv- community-based and needs to address early and bravely serve on the Prince William Coun- ices—such as housing and employment as- intervention, education, employment, transpor- ty Department of Fire and Rescue. I extend sistance—that will be available when their tation, housing, health, and recreation. my heartfelt condolences to Kyle’s family, child becomes an adult. Also, very importantly, the mechanisms au- friends, and to his brothers and sisters on the That is why I joined forces with my friend thorized in this legislation are designed to pro- department. Mike Doyle to launch in January 2001 the vide treatments and services effectively and

VerDate Aug 31 2005 05:09 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.066 E19APPT1 jcorcoran on PROD1PC62 with REMARKS April 19, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E805 efficiently. Those mechanisms include a news. I remember seeing the carnage on tele- PERSONAL EXPLANATION broad-based Task Force to evaluate evidence- vision, and later that day, in person, and think- based treatments and services, demonstration ing ‘‘How can this have happened? What kind HON. TED POE grants to enable states to provide evidence- of person would do this?’’ And I saw the acts OF TEXAS based treatments and services, one-time plan- of one deranged mad man bring our city to a IN THE HOUSE OF REPRESENTATIVES ning grants and follow-on demonstration standstill, while the nation watched and grants for states to provide services to adults, Thursday, April 19, 2007 grieved. and supplemental grants to University Centers Mr. POE. Madam Speaker, due to other of Excellence in Developmental Disabilities But even before the smoke and rubble had Congressional business, I unfortunately Research, Education, and Services to allow been cleared, I saw something wonderful. I missed a recorded vote on the House floor on the centers to train professionals who treat or saw complete strangers coming together, Tuesday, April 17, 2007. serve individuals with autism, as well as the praying, and comforting each other. I saw a Had I been able to vote that day, I would creation of four new University Centers of Ex- state and then an entire nation rally behind the have voted ‘‘yes’’ on rollcall vote No. 214. cellence. To complement and further enhance families who had lost their loved ones. And f the grant programs established under this Act, rather than a group of victims, the men and this legislation also provides assistance to a ON THE INTRODUCTION OF ‘‘THE women of Oklahoma became a group of he- NORTHWESTERN NEW MEXICO national nonprofit organization for establish- roes, facing down terrorists and rebuilding ment of a national technical assistance center RURAL WATER PROJECTS ACT’’ both their city and their lives. and provides assistance for protection and advocacy systems. Twelve years later, we still bare the scars of HON. TOM UDALL Additionally, to fill an information gap impor- that awful day. We will never forget. And OF NEW MEXICO tant to almost all affected families, service pro- today, the Oklahoma City Bombing Memorial IN THE HOUSE OF REPRESENTATIVES viders, and government organizations, the leg- stands as a reminder of our pain and our Thursday, April 19, 2007 islation calls for the Government Accountability heartbreak in the days and months after that Mr. UDALL of New Mexico. Madam Speak- Office to conduct a study and release a report attack. on the ways in which autism treatments and er, I rise today to re-introduce The North- services are currently financed, including poli- But the memorial stands for more than that. western New Mexico Rural Water Projects cies for public and private health insurance. It reminds us of the strength of our commu- Act. This legislation, which was also intro- This is truly bipartisan, bicameral legislation, nity. It reminds us of a city and a state that duced today in the Senate by my colleagues and I am gratified that Representatives ELIOT came together after a devastating attack to from New Mexico, Senators BINGAMAN and ENGEL of New York and CHIP PICKERING of heal itself and to rebuild. And finally, it re- DOMENICI, will ratify the historic San Juan Mississippi joined Representative DOYLE and minds us of the greatness of this country and River Settlement Agreement. This agreement, myself in introducing this legislation. We are of the power of American hope, even in the signed by the Navajo Nation and the State of all most appreciative that critically acclaimed face of the most heartbreaking of tragedies. New Mexico, will provide for the development actor and star of the ‘‘West Wing’’ Bradley of a rural water system to address the water Whitford, co-founder of Cure Autism Now and Our memorial is a monument to our sad- needs of numerous New Mexicans, many of board member of Autism Speaks Jonathan ness. But it is also a monument to our hope them members of the Navajo Nation. Shestack, and President of the Autism Society and ultimately to our strength. Today we are Once ratified, the settlement agreement will of America Lee Grossman joined us this week a thriving city. We have a new federal building resolve the Navajo Nation’s water rights. It will in announcing the introduction of the EPIAA. which is stronger and safer than the one that also provide a water supply for Gallup, New Their support, along with that of other advo- was destroyed. And after facing tremendous Mexico, and recognize authorized and existing cates for individuals with autism, will be critical adversity, we became a stronger people. uses of San Juan River basin water. In exchange for relinquishing some of their claims as this legislation advances in the House and On Monday, the nation and the state of Vir- Senate. to water from the San Juan River basin, the ginia suffered another terrible tragedy, when a f Navajo Nation will benefit from water develop- crazed gunman shot and killed 33 men and ment projects which include the Navajo-Gallup OFFERING HEARTFELT CONDO- women on the Virginia Tech campus. It is yet project and the Navajo Nation Municipal pipe- LENCES TO THE VICTIMS AND another tragedy of almost unimaginable pro- line. Incredibly, even now in 21st-century THEIR FAMILIES REGARDING portions—innocent students living in what they America, more than 70,000 Navajos must still THE HORRIFIC VIOLENCE AT thought was a peaceful sanctuary, only to haul water daily for residential use. These VIRGINIA TECH AND TO STU- have their lives cut short by a mad man. water projects will go a long way toward recti- DENTS, FACULTY, ADMINISTRA- In a time of sadness, I believe that the story fying that grievous situation. TION AND STAFF AND THEIR The Navajo Nation, the State of New Mex- of the Oklahoma City Bombing can deliver a FAMILIES WHO HAVE BEEN AF- ico and many other residents of northwestern message of hope to the families and friends of FECTED New Mexico put a tremendous amount of ef- the victims, and indeed to the nation. fort into reaching an agreement that will pro- SPEECH OF Twelve years ago today we saw tragedy vide a more secure future for many vulnerable HON. MARY FALLIN and death. But we also witnessed the healing communities. I am proud to be able to con- OF OKLAHOMA power of prayer and the strength of friendship tribute today to their hard work and diligent IN THE HOUSE OF REPRESENTATIVES and community. We found God in the most commitment by introducing the legislation in the House. I look forward to working with my Wednesday, April 18, 2007 trying of times and we found ourselves stronger for it. colleagues to pass this legislation and move Ms. FALLIN. Mr. Speaker, today I would like these important water projects forward. My message to the students and faculty of to discuss something that is neither Democrat f nor Republican in nature, but simply Amer- Virginia Tech is this: your community and your ican. That, Mr. Speaker, is the greatness of faith are more powerful than the destructive RECOGNIZING THE CONTRIBU- this nation and of the American community, urges of one crazed gunman. Again and again TIONS OF MR. ROSS P. MARINE, the extraordinary ability of American men and the people of this great nation are faced with HONORARY CONSUL FOR THE women to overcome tragedy and to be strong- adversity and tragedy, and again and again SLOVAK REPUBLIC er for it. we overcome that tragedy and grow stronger. Twelve years ago today, the Alfred P. So will you. HON. EMANUEL CLEAVER Murrah Federal Building was destroyed by an And while you struggle to find meaning in OF MISSOURI explosion that claimed the lives of 168 men, IN THE HOUSE OF REPRESENTATIVES women and children, and that left over 800 in- this calamity and to deal with the pain and jured. At the time, it was the deadliest terror sadness of that terrible event, you should Thursday, April 19, 2007 attack ever carried out on American soil. know that all of America stands with you, and Mr. CLEAVER. Madam Speaker, I rise Like everyone else in Oklahoma, I can re- prays with you, and will ultimately heal with today to recognize one of my constituents, the member exactly where I was when I heard the you. Honorary Consul for the Slovak Republic, Mr.

VerDate Aug 31 2005 05:09 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.070 E19APPT1 jcorcoran on PROD1PC62 with REMARKS E806 CONGRESSIONAL RECORD — Extensions of Remarks April 19, 2007 Ross P. Marine, for his tireless efforts to bring Island City, New York dedicated to supporting and trusted confidante to countless families, an important exhibition, focused on the fate of mothers currently or previously incarcerated in Xiomara Harris has touched and inspired the Slovak Jews during World War II, to the Kan- prison and to providing a stable and nurturing Hour Children community with her compassion sas City area. Mr. Marine is a dynamic mem- environment for their children. This month, and dedication. ber of the Consular Corps of Greater Kansas Hour Children is celebrating its 12th anniver- Madam Speaker, I ask my distinguished col- City. And for this reason, the Greater Kansas sary at its Annual Awards Benefit, where the leagues to join me in recognizing the remark- City Metropolitan Area is very fortunate to organization is honoring 3 outstanding individ- able successes enjoyed by Hour Children in have the vital and active Consular Corps of uals: Abigail Disney, Kirk Goodrich and helping countless individuals transcend their Greater Kansas City, which has been instru- Xiomara Gutierrez. circumstances and realize their full potential. mental in fostering cultural exchanges while Originally founded in 1995 by Sister Teresa f building economic partnerships between our Fitzgerald, CSJ, for children rendered home- area and other countries. Time and time less by their mothers’ incarceration, Hour Chil- A TRIBUTE TO THE CENTENNIAL again, Mr. Ross P. Marine has proven himself dren has grown into a full-service, multifaceted CELEBRATION OF PLAINVIEW, to be one of our most active and dedicated social service provider to countless families in TEXAS Honorary Consuls in our region. need. Sister Teresa, familiarly know as ‘‘Sister Years ago, while working for the Truman Tesa,’’ secured housing at the Roman Catho- HON. RANDY NEUGEBAUER Medical Center East, Ross became involved in lic Convent of St. Rita’s in Long Island City as OF TEXAS a health partnership program in the Republic a home for these children, and joined with 4 IN THE HOUSE OF REPRESENTATIVES other Sisters to become foster parents. They of Slovakia, whose mission was to work with Thursday, April 19, 2007 abused women and people addicted to drugs went on to establish parent support programs and alcohol. In the 3 years that followed, Ross at New York State’s Bedford Hills and Taconic Mr. NEUGEBAUER. Madam Speaker, I rise became acquainted with the people and cul- Correctional Institutions, facilitating visit sched- today to celebrate Plainview, Texas’ centen- ture. He made many friends and in February ules so that female inmates and their children nial birthday. For it was in 1907 that the city’s 2001, he was honored with the title of Hon- were able to reunite for a few hours on a reg- founders took the pivotal step from frontier orary Consul, for the four-state region of Mis- ular basis. community to an incorporated city. souri, Kansas, Nebraska, and Iowa. Currently, Although nearly one third of prisoners in One hundred years ago, the Santa Fe Rail- Ross Marine continues to be one of our met- New York State are reincarcerated, Hour Chil- road decided to put down tracks through ropolitan area’s most important links to East- dren’s rate of recidivism is less than 10 per- Plainview. This helped spur economic growth ern Europe. He has brought exhibits, business cent because its clients are afforded ample and attract new residents to the budding com- opportunities and international relationships time to make a successful transition to assum- munity. with the Embassy of the Slovak Republic to ing responsibilities for family and work. Hour Today, Plainview’s location along the Ports- the people of Missouri’s Fifth District. At Ross Children’s unique approach begins by forging to-Plains Trade Corridor is having the same Marine’s request, the Slovak Ambassador to relationships with its adult clients while they effect as its population grows and new busi- the United States made an official visit to Kan- are still in prison, bringing their children to visit nesses come to the area. sas City for the re-dedication of the Liberty regularly, and providing advocacy and men- During the past century, Plainview’s citizens Memorial in 2006, the only national World War toring on parenting, domestic violence, and have witnessed the mode of transportation I monument in the United States. employment counseling, thus easing their tran- change from rail to road, and local agriculture Ross’s latest endeavor was to spearhead sition to reunification with their children. In evolve from being merely a source of food and efforts to bring the exhibition ‘‘The Tragedy of forging long-term relationships with its clients fiber to also a source of energy. Slovak Jews’’ to Kansas City. This important built on trust, Hour Children helps them to at- However, despite these changes, the core exhibit is the first exhibition to illustrate the be- tain independence and self-sufficiency at a values present at Plainview’s founding are still trayal and atrocities committed towards Slovak pace suited to their needs. alive and well 100 years later. A strong sense Jews during World War II. Prepared and pre- Today, Hour Children is a community of 5 of community and a vibrant civic pride consented in cooperation with the National Czech multi-family residences, serving families with tinue to make Plainview, Texas a welcome and Slovak Museum and Library in Cedar children from infancy to 21 years of age. More place for businesses and families. Rapids, Iowa, this important exhibit was than 200 ‘‘graduates’’ of its housing program It is indeed an honor and a privilege to rep- brought to the Kansas City area with the fur- have successfully made the transition to inde- resent the great people of Plainview in the ther assistance of the Czech and Slovak Club pendent living, returning for monthly support United States Congress, and I wish the city of Kansas City, the Jewish Community Center group meetings and special events. In addi- well as it embarks on its second hundred of Greater Kansas City, and the Midwest Cen- tion, Hour Children was officially recognized years. ter for Holocaust Education. as a work release site, opening a Community f Madam Speaker, please join me in express- Outreach Center and 3 thrift shops. INTRODUCTION OF LEGISLATION ing our heartfelt gratitude to Mr. Ross P. Ma- Hour Children’s success would not have TO EXTEND ELIGIBILITY FOR rine for his relentless efforts in extending been possible without the extraordinary con- DEPARTMENT OF VETERANS AF- goodwill, not only within the areas surrounding tributions of its 3 honorees this year. As Co- FAIRS PENSION BENEFITS the Fifth Congressional District of Missouri, but Founder and President of the Daphne Foun- to the global community. I urge my colleagues dation, Abigail E. Disney, Ph.D., has devoted to please join me in expressing our apprecia- herself tirelessly to confronting the causes and HON. NICK J. RAHALL, II tion to Mr. Marine and his endless commit- consequences of poverty in our Nation’s great- OF WEST VIRGINIA ment to the Slovak community. He is a true est city. She was indispensable in securing IN THE HOUSE OF REPRESENTATIVES and providing the first funding for Hour Chil- role model, not just to the Slovak-American Thursday, April 19, 2007 community in Missouri, but to our entire soci- dren’s Early Learning program for children ety. ranging from infants to 3-year-olds. Mr. RAHALL. Madam Speaker, this week, Hour Children is also honoring Kirk Good- with the support of the American Legion and f rich, Vice President of the Enterprise Social West Virginia veteran John Peters, I am again IN RECOGNITION OF HOUR CHIL- Investment Corporation, one of the Nation’s introducing two bills that will honor those who DREN AND ITS 2007 HONOREES, leading providers of community development have served our country so bravely in times of ABIGAIL DISNEY, KIRK GOOD- capital, tax credit equity investments, and de- conflict. Both pieces of legislation will achieve RICH, AND XIOMARA GUTIERREZ velopment services for affordable housing, this by extending benefits to veterans who mixed-use, and commercial development. His have served in harms way, though not in a HON. CAROLYN B. MALONEY leadership helped secure the financing to en- time of declared war. OF NEW YORK able Hour Children to open a new residence Throughout the history of the United States, IN THE HOUSE OF REPRESENTATIVES under construction at 35–54 11th Street in our country has seen the personal courage Long Island City, where 8 apartment units will and sacrifice by millions of Americans who Thursday, April 19, 2007 be available to Hour Children’s client families. have served in various wars and conflicts pro- Mrs. MALONEY of New York. Madam In addition, Hour Children is honoring tecting our freedoms and our way of life. Speaker, I rise to pay tribute to Hour Children, Xiomara Gutierrez with its First Annual Jean Madam Speaker, we have honored many of a not-for-profit social service agency in Long Harris Award. A mother, child care worker, these fine men and women, but not all. Our

VerDate Aug 31 2005 05:09 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.076 E19APPT1 jcorcoran on PROD1PC62 with REMARKS April 19, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E807 current law only awards full pension benefits treat their honor with the respect that it de- ing was constructed, and dedicated on Janu- to those who have served in a designated serves. We don’t fund veterans’ healthcare ary 4, 1874. Then, on February 23, 1927, the ‘‘period of war’’ and excludes those who have adequately and continue to let our veterans Central Methodist Episcopal Church came into fought valiantly in other parts of the world. get caught in a never-ending bureaucracy de- being by merging the Summerfield Methodist Tom Hayes of American Legion Post 93 in nying them access to basic medical care. I am Church with the Hanson Place Methodist Kenova, West Virginia recently acknowledged proud that this Congress has passed substan- Church. this mockery of our benefits system in an arti- tial Veterans benefits legislation in the past The church rose above challenges when its cle from the Huntington Herald Dispatch in month and I hope that it is signs of more to building purchased in 1874 was considered Huntington, West Virginia dated April 11, come. unsafe and had to be vacated leaving 1650 2007. In this article, Mr. Hayes stated ‘‘On Madam Speaker, I will end with this, we put members belonging to a Church Without a Oct. 23, 1983, 241 of our finest died in Beirut, these men and women in harm’s way because Home as it was reported in the press. Lebanon. By the time the hostility ended on we trusted them and their ability, and they By the end of 1930, sufficient investment Feb. 8, 1984, 270 Americans had died. Some ought to be able to trust our ability. These had been committed in the Hanson Place 20,000 Americans fought on or around Gre- pieces of legislation would align the sacrifice Central Methodist Church that the church nada between Oct. 23 and Nov. 21, 1983. made with the compensation awarded. I say owned property that covered the entire corner Nineteen were killed and 116 were wounded. that these veterans deserve the same benefits on which to build its new cathedral. A lot on In Panama, 23 were killed in action and 322 afforded their brothers and sisters in arms who Hanson Place and on St. Felix Street was wounded between Dec. 20, 1989 and Jan. 31, participated in declared wars and especially marked off for the structure, and today stands 1990. Public Law 101–478 expanded eligibility those that are civilian employees and eligible the Hanson Place Central United Methodist for membership in the American Legion to for the same benefits. I urge the Congress to Church at 144 St. Felix Street. Veterans of Lebanon, Grenada, and Panama.’’ pass this legislation in a swift manner so that The church’s commitment to the community In addition, Mr. Hayes wrote, ‘‘Subsequent to we may begin to respect and honor all of our has been shown through their various min- Jan. 31, 1955, the Vietnam and Gulf War peri- veterans who have served. istries. Their Campaign Against Hunger has ods (Aug. 5, 1964 to May 7, 1975, and Aug. f been a valuable resource for more than 15 2, 1990, to present) have made Korean Vet- erans eligible for disability pension, leaving ap- IN RECOGNITION OF THE 160TH AN- years. This food pantry provides meals to over proximately half who served between those NIVERSARY OF THE HANSON 110,000 individuals annually. It utilizes a cus- periods not eligible along with veterans of Leb- PLACE CENTRAL METHODIST tomer choice approach and adopts a super- anon, Grenada, and Panama who answered CHURCH market style of shopping with a nutritional edu- the call to fight and who may now need finan- cation component. cial help and are not eligible for a penny from HON. YVETTE D. CLARKE For the past nine years, their Partnership for the VA.’’ the Homeless ministry has provided a safe OF NEW YORK haven for men. This ministry serves as a re- My legislation will end this injustice. My first IN THE HOUSE OF REPRESENTATIVES bill will extend eligibility for veterans’ pension source for the Drop-In Center for the Bond Thursday, April 19, 2007 benefits to those who served in the areas of Street Salvation Army. The shelter is open the Korean Peninsula, Lebanon, Grenada, and Ms. CLARKE. Madam Speaker, it is with year round including public holidays. other areas of armed conflict, where their great pleasure that I rise today to pay tribute The people who once belonged to a Church service involved hostile fire or aggression. The to a Brooklyn landmark, the Hanson Place Without a Home, serves as a home for so second piece of legislation will extend benefits Central United Methodist Church, on the occa- many within a changing and rapidly devel- to veterans who have received the expedi- sion of their 160th Anniversary. oping neighborhood within and throughout tionary medal, which is earned by those with The first Hanson Place Methodist Church Brooklyn. whom the Joint Chiefs of Staff have deter- building was erected in 1847 at the corner of I am honored that the Hanson Place Central mined were engaged where hostile action by Hanson Place and St. Felix Street in Brooklyn. Methodist Church has provided countless foreign armed forces was imminent. There, the history of ecumenical cooperation services to constituents within my district. I The United States has sent service per- and community service began with a vibrant, ask my colleagues to join me in commending sonnel to all corners of the globe and in every Christ-centered congregation. Seventeen this fine institution for their many years of capacity they have made us proud. Unfortu- years later, to accommodate phenomenal con- service and commitment to the people of nately, when they return we do not always gregational growth, a second and larger build- Brooklyn.

VerDate Aug 31 2005 05:09 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A19AP8.080 E19APPT1 jcorcoran on PROD1PC62 with REMARKS Thursday, April 19, 2007 Daily Digest Senate Chamber Action Appointments: Congressional-Executive Commission on the Peo- Routine Proceedings, pages S4723–S4788 ple’s Republic of China: The Chair, on behalf of the Measures Introduced: Nineteen bills were intro- President of the Senate, and after consultation with duced, as follows: S. 1157–1175. Pages S4750–51 the Republican Leader, pursuant to Public Law Measures Passed: 106–286, appointed the following Members to serve on the Congressional-Executive Commission on the Court Security Improvement Act: By a unani- People’s Republic of China: Senators Hagel, mous vote of 97 yeas (Vote No. 135), Senate passed Brownback, Smith, and Martinez. Page S4788 S. 378, to amend title 18, United States Code, to protect judges, prosecutors, witnesses, victims, and Messages From the House: Page S4749 their family members. Pages S4729–44 Enrolled Bills Presented: Page S4749 During consideration of this measure today, Senate Executive Communications: Pages S4749–50 also took the following action: Chair sustained a point of order against Ensign Additional Cosponsors: Pages S4751–52 Amendment No. 897, to amend title 28, United Statements on Introduced Bills/Resolutions: States Code, to provide for the appointment of addi- Pages S4752–82 tional Federal circuit judges, to divide the Ninth Ju- Additional Statements: Pages S4748–49 dicial Circuit of the United States into 2 circuits, as being in violation of section 505(a) of H. Con. Res. Amendments Submitted: Pages S4782–87 95, Congressional Budget Resolution, 108th Con- Authorities for Committees to Meet: Page S4787 gress, which imposes pay-as-you-go discipline on di- Record Votes: One record vote was taken today. rect spending and revenue legislation, and the (Total—135) Pages S4741–42 amendment thus fell. Pages S4738–39 Adjournment: Senate convened at 9:30 a.m., and Judicial Disclosure Responsibility Act: Com- adjourned at 4:45 p.m., until 10 a.m. on Friday, mittee on Homeland Security and Governmental Af- April 20, 2007. (For Senate’s program, see the re- fairs was discharged from further consideration of marks of the Acting Majority Leader in today’s H.R. 1130, to amend the Ethics in Government Act Record on page S4788.) of 1978 to extend the authority to withhold from public availability a financial disclosure report filed by an individual who is a judicial officer or judicial Committee Meetings employee, to the extent necessary to protect the safety of that individual or a family member of that in- (Committees not listed did not meet) dividual, and the bill was then passed, clearing the measure for the President. Page S4788 RISING HIGHWAY FATALITIES America Competes Act—Agreement: A unani- Committee on Appropriations: Subcommittee on Trans- mous-consent agreement was reached providing that portation, Housing, and Urban Development, and at 10:30 a.m., on Friday, April 20, 2007, Senate Related Agencies concluded a hearing to examine begin consideration of S. 761, to invest in innova- rising highway fatalities, after receiving testimony tion and education to improve the competitiveness of from Nicole R. Nason, Administrator, National the United States in the global economy, for debate Highway Traffic Safety Administration, John H. only and that no amendments be in order to the bill; Hill, Administrator, Federal Motor Carrier Safety provided further that on Tuesday, April 24, 2007, Administration, both of the United States Depart- during consideration of the bill, Senator Coburn be ment of Transportation; and Mark V. Rosenker, recognized to speak for one hour. Page S4788 Chairman, National Transportation Safety Board. D526

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APPROPRIATIONS: DEPARTMENT OF fiscal year 2008 for the military space programs in JUSTICE review of the Defense Authorization Request and the Committee on Appropriations: Subcommittee on Com- Future Years Defense Program, after receiving testi- merce, Justice, Science, and Related Agencies con- mony from Ronald M. Sega, Under Secretary of Air cluded a hearing to examine proposed budget esti- Force, General Kevin P. Chilton, USAF, Com- mates for fiscal year 2008 for the Department of Jus- mander, Air Force Space Command, Major General tice, after receiving testimony from John F. Clark, William L. Shelton, USAF, Commander, Joint Func- Director, United States Marshals Service, Karen P. tional Component Command for Space, United Tandy, Administrator, United States Drug Enforce- States Strategic Command, Vice Admiral James D. ment Administration, and Michael J. Sullivan, Act- McArthur, Jr., USN, Commander, Naval Network ing Director, Bureau of Alcohol, Tobacco, Firearms Warfare Command, all of the Department of De- and Explosives, all of the Department of Justice. fense; and Christina T. Chaplain, Director, Acquisi- tion and Sourcing Management, Government Ac- APPROPRIATIONS: MILITARY countability Office. CONSTRUCTION U.S. COMPETITIVENESS Committee on Appropriations: Subcommittee on Mili- tary Construction, Veterans Affairs, and Related Committee on Commerce, Science, and Transportation: Sub- Agencies concluded a hearing to examine proposed committee on Science, Technology, and Innovation budget estimates for fiscal year 2008 for military concluded a hearing to examine United States com- construction for the Army, Navy, and Marine Corps, petitiveness through basic research, after receiving after receiving testimony from Keith E. Eastin, As- testimony John Marburger III, Director, Office of sistant Secretary of the Army for Installations and Science and Technology Policy; Arden L. Bement, Environment; Lieutenant General Robert Wilson, Jr., Director, National Science Foundation; and Wil- USA, Assistant Chief of Staff for Installation Man- liam A. Jeffrey, Director, National Institute of agement and Commanding General, Installation Standards and Technology, Department of Com- Management Command; Major General David P. merce. Burford, Assistant to the Director of the Army Na- ALTERNATIVE FUELS AND VEHICLES TAX tional Guard; Brigadier General Richard J. Sherlock, INCENTIVES Deputy Chief, Army Reserve and Deputy Com- mander for Management, Resources, and Support, Committee on Finance: Committee concluded a hearing U.S. Army Reserve Command; B.J. Penn, Assistant to examine grains, cane, and automobiles relating to Secretary of the Navy for Installations and Environ- tax incentives for alternative fuels and vehicles, after ment; Major General James F. Flock, Assistant Dep- receiving testimony from Robert Farrington, Man- uty Commandant for Installations and Logistics (Fa- ager and Principal Researcher, Advance Vehicle Sys- cilities); and Rear Admiral Mark A. Handley, Navy tems Group, National Renewable Energy Laboratory, Director of Ashore Readiness. Department of Energy; R. James Woolsey, National Commission on Energy Policy, former Director of LOGCAP Central Intelligence; Vinod Khosla, Khosla Ventures, Committee on Armed Services: Committee concluded a Menlo Park, California; Bruce E. Dale, Michigan hearing to examine the Department of Defense’s State University Department of Chemical Engineer- management of costs under the Logistics Civil Aug- ing and Materials Science, East Lansing; and Jay D. mentation Program (LOGCAP) contract in Iraq, Debertin, CHS Inc., Inver Grove Heights, Min- after receiving testimony from Senator Dorgan; and nesota. Claude M. Bolton, Jr., Assistant Secretary of the GLOBAL WARMING Army for Acquisition, Logistics and Technology, William H. Reed, Director, Defense Contract Audit Committee on Homeland Security and Governmental Af- Agency, Keith D. Ernst, Acting Director, Defense fairs: Committee concluded a hearing to examine the Contract Management Agency, Patrick J. Fitzgerald, impact of global warming on private and federal in- Auditor General Department of the Army, and surance, focusing on financial risks to federal and Major General Jerome Johnson, USA, Commanding private insurers in coming decades for damages General, United States Army Sustainment Com- caused by weather-related events in the United mand, all of the Department of Defense. States, after receiving testimony from John B. Ste- phenson, Director, Natural Resources and Environ- BUDGET: MILITARY SPACE PROGRAMS ment, Government Accountability Office; Eldon Committee on Armed Services: Subcommittee on Stra- Gould, Administrator, Risk Management Agency, tegic Forces Committee concluded open and closed Department of Agriculture; Michael Buckley, Dep- hearings to examine proposed budget estimates for uty Assistant Administrator for Mitigation, Federal

VerDate Aug 31 2005 04:54 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D19AP7.REC D19APPT1 jcorcoran on PROD1PC62 with DIGEST D528 CONGRESSIONAL RECORD — DAILY DIGEST April 19, 2007 Emergency Management Agency, Department of tice, after receiving testimony from Alberto R. Homeland Security; and Andrew Castaldi, Swiss Re- Gonzales, Attorney General, Department of Justice. insurance America Corporation, Wilton, Con- INTELLIGENCE necticut. Select Committee on Intelligence: Committee met in IMPLEMENTING POSTAL REFORM closed session to receive a briefing on certain intel- Committee on Homeland Security and Governmental Af- ligence matters from officials of the intelligence community. fairs: Subcommittee on Federal Financial Manage- ment, Government Information, Federal Services, BIODENTICAL HORMONES and International Security concluded an oversight Special Committee on Aging: Committee concluded a hearing to examine the current state of the Postal hearing to examine bioidentical hormones, focusing Service along with the efforts underway to imple- on menopausal hormone therapy using conjugated ment the Postal Accountability and Enhancement equine estrogens and other forms of estrogen ther- Act (Public Law 109–435), including the Postal apy, after receiving testimony from Jacques Rossouw, Service’s financial condition in fiscal year 2007, the Chief, Women’s Health Initiative Branch, National opportunities and challenges facing the Service, and Heart, Lung, and Blood Institute, National Insti- major issues and areas for Congressional oversight, tutes of Health, and Steven K. Galson, Director, after receiving testimony from John E. Potter, Post- Center for Drug Evaluation and Research, Food and master General and Chief Executive Officer, United Drug Administration, both of the Department of States Postal Service; Dan G. Blair, Chairman, Postal Health and Human Services; Eileen Harrington, Regulatory Commission; and Katherine Siggerud, Deputy Director, Bureau of Consumer Protection, Director, Physical Infrastructure Issues, Government Federal Trade Commission; JoAnn E. Manson, Har- Accountability Office. vard Medical School, Boston, Massachusetts; Leonard Wartofsky, Endocrine Society, Chevy Chase, Mary- DEPARTMENT OF JUSTICE land; Loyd V. Allen, Jr., International Journal of Committee on the Judiciary: Committee concluded an Pharmaceutical Compounding, Sugar Land, Texas; T. oversight hearing to examine the Department of Jus- S. Wiley, Santa Barbara, California. h House of Representatives as a Congressional district for purposes of representa- Chamber Action tion in the House of Representatives, by a recorded Public Bills and Resolutions Introduced: 38 pub- vote of 241 ayes to 177 noes, with 1 voting lic bills, H.R. 1937–1974; and 6 resolutions, H. ‘‘present’’, Roll No. 231. Pages H3568, H3593–94 Con. Res. 120–121; and H. Res. 322–325 were in- Rejected the Smith (TX) motion to recommit the troduced. Pages H3693–95 bill to the Committee on the Judiciary with instruc- Additional Cosponsors: Pages H3695–96 tions to report the same back to the House forthwith with an amendment, by a yea-and-nay vote of 193 Report Filed: A report was filed today as follows: yeas to 227 nays, Roll No. 230. Pages H3591–93 Supplemental report on H.R. 493, to prohibit dis- H. Res. 317, the rule providing for consideration crimination on the basis of genetic information with of H.R. 1905 and H.R. 1906, was agreed to by a respect to health insurance and employment (H. yea-and-nay vote of 219 yeas to 196 nays, Roll No. Rept. 110–28, Pt. 4). Page H3693 229, after agreeing to order the previous question by Meeting Hour: Agreed that when the House ad- a yea-and-nay vote of 219 yeas to 196 nays, Roll journs today, it adjourn to meet at 9 a.m. tomorrow, No. 228. Pages H3568, H3576–77 April 20th. Page H3563 Amending the Internal Revenue Code of 1986 to Providing for the treatment of the District of adjust the estimated tax payment safe harbor Columbia as a Congressional district for pur- based on income for the preceding year in the poses of representation in the House of Rep- case of individuals with adjusted gross income resentatives: The House passed H.R. 1905, to pro- greater than $5 million: The House passed H.R. vide for the treatment of the District of Columbia 1906, to amend the Internal Revenue Code of 1986

VerDate Aug 31 2005 04:54 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D19AP7.REC D19APPT1 jcorcoran on PROD1PC62 with DIGEST April 19, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D529 to adjust the estimated tax payment safe harbor Kirk modified amendment (No. 6 printed in H. based on income for the preceding year in the case Rept. 110–100) that adds a new paragraph relating of individuals with adjusted gross income greater to an aquatic ecosystem restoration project in Lake than $5 million, by a yea-and-nay vote of 216 yeas County, Illinois. Pages H3661–63 to 203 nays, Roll No. 232. Pages H3594–H3600 H. Res. 319, the rule providing for consideration H. Res. 317, the rule providing for consideration of H.R. 1495, was agreed to by voice vote, after of H.R. 1905 and H.R. 1906, was agreed to by a agreeing to order the previous question. yea-and-nay vote of 219 yeas to 196 nays, Roll No. U.S. Troop Readiness, Veterans’ Care, Katrina 229, after agreeing to order the previous question by a yea-and-nay vote of 219 yeas to 196 nays, Roll Recovery, and Iraq Accountability Appropria- tions Act, 2007—Motion to go to Conference: No. 228. Pages H3568, H3576–77 The House disagreed to the Senate amendment to Water Resources Development Act of 2007: The H.R. 1591, making emergency supplemental appro- House passed H.R. 1495, to provide for the con- priations for the fiscal year ending September 30, servation and development of water and related re- 2007, and agreed to a conference. Pages H3665–72 sources and to authorize the Secretary of the Army Agreed to the Lewis (CA) motion to instruct con- to construct various projects for improvements to ferees on the bill by a yea-and-nay vote of 215 yeas rivers and harbors of the United States, by a yea- to 199 nays, with 1 voting ‘‘present’’, Roll No. 235. and-nay vote of 394 yeas to 25 nays, Roll No. 234. Pages H3665–72 Pages H3566–68, H3600–65 Appointed as conferees: Representatives Obey, Rejected the Walden (OR) motion to recommit DeLauro, Murtha, Visclosky, Lowey, Price (NC), the bill to the Committee on Transportation and In- Dicks, Edwards, Mollohan, Olver, Serrano, frastructure with instructions to report the same back to the House forthwith with an amendment, by Wasserman Schultz, Clyburn, Lewis (CA), Young a yea-and-nay vote of 194 yeas to 226 nays, Roll (FL), Rogers (KY), Wolf, Walsh, Hobson, Knollen- berg, Kingston, Frelinghuysen, and Wicker. No. 233. Pages H3663–64 Pursuant to the rule, the amendment in the na- Page H3672 ture of a substitute recommended by the Committee Supplemental Report: Agreed that the Committee on Transportation and Infrastructure now printed in on Energy and Commerce be permitted to file a sup- the bill shall be considered as the original bill for plemental report on H.R. 493, to prohibit discrimi- the purpose of amendment. Pages H3609–50 nation on the basis of genetic information with re- Agreed to: spect to health insurance and employment. Oberstar modified manager’s amendment (No. 1 Page H3672 printed in H. Rept. 110–100) that authorizes and Committee Election: The House agreed to H. Res. modifies several Corps of Engineers’ projects and 323, electing the following Members of the House studies for flood control, navigation, and environ- of Representatives to serve on the Committee on mental restoration; Pages H3650–57 Foreign Affairs: Representative Gene Green (TX), to Boswell amendment (No. 2 printed in H. Rept. rank immediately after Representative Tanner, and 110–100) that provides the Rathbun Regional Representative Crowley, to rank immediately after Water Association with a right of first refusal to Representative Hinojosa. Page H3673 purchase water supply storage from the Corps of En- gineers at Rathbun Lake, Iowa; Page H3657 Senate Message: Message received from the Senate Stupak amendment (No. 4 printed in H. Rept. today appears on page H3563. 110–100) that ensures that all harbor maintenance is Senate Referral: S. Con. Res. 28 was referred to the funded based on FY2004 standards, regardless of the Committee on Foreign Affairs. Page H3691 amount of tonnage a harbor handles; Pages H3657–59 Blumenauer amendment (No. 5 printed in H. Quorum Calls—Votes: Seven yea-and-nay votes and Rept. 110–100) that strikes section 2036 of the leg- one recorded vote developed during the proceedings islation and replace it with language directing the of today and appear on pages H3576, H3576–77, Secretary of the Army to update the principles and H3592–93, H3593, H3599–H3600, H3664, guidelines that the Army Corps of Engineers uses in H3665, H3671–72. There were no quorum calls. the formulation, evaluation, and implementation of Adjournment: The House met at 10 a.m. and ad- water resources projects, and requires the Secretary to journed at 11:35 p.m. consult with other agencies and the public in developing the new principles and guidelines; and Pages H3659–61

VerDate Aug 31 2005 04:54 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D19AP7.REC D19APPT1 jcorcoran on PROD1PC62 with DIGEST D530 CONGRESSIONAL RECORD — DAILY DIGEST April 19, 2007 lance, and Reconnaissance capabilities. Testimony Committee Meetings was heard from the following officials of the GAO: FARM BILL CONSERVATION PROGRAMS Davi M. D’Agostino, and Sharon L. Pickup, both Committee on Agriculture: Subcommittee on Conserva- Directors, Defense Capabilities and Management tion, Credit, Energy and Research held a hearing to Issues; and Michael J. Sullivan, Director, Acquisition review USDA Farm Bill conservation programs. Tes- and Sourcing Management Issues; and the following timony was heard from public witnesses. officials of the Department of Defense: Joe Landon, Deputy Assistant Secretary, Command, Control, AGRICULTURE, RURAL DEVELOPMENT, Communication, Intelligence, Surveillance and Re- FDA, AND RELATED AGENCIES connaissance; BG Walt Davis, USA, Commander, APPROPRIATIONS Joint Unmanned Aircraft Systems Center of Excel- Committee on Appropriations: Subcommittee on Agri- lence; LTG David A. Deptula, USAF, Deputy Chief culture, Rural Development, Food and Drug Admin- of Staff, Intelligence, Surveillance, and Reconnais- istration, and Related Agencies continued hearings sance, U.S. Air Force; MG Jeffrey A. Sorenson, USA, on Food Safety and Inspection Service. Testimony Deputy, Acquisition and Systems Management, Of- was heard from the following officials of the USDA: fice of the Secretary of the Army (Acquisition, Logis- Richard Raymond, Under Secretary, Food Safety; tics, and Technology); RADM Bruce W. Clingan, David Goldman, Acting Administrator, Food Safety USN, Deputy Chief of Naval Operations, Deputy and Inspection Service; and W. Scott Steele, Budget Director, Air Warfare; and BG Randolph Alles, Officer. USMC, Commanding General, Marine Corps Warfighting Lab. DEFENSE APPROPRIATIONS Committee on Appropriations: Subcommittee on Defense NATIONAL AND COMMUNITY SERVICE— met in executive session to hold a hearing on U.S. RENEWING THE SPIRIT Special Operations—Command. Testimony was Committee on Education and Labor: Subcommittee on heard from GEN Doug Brown, Combatant Com- Healthy Families and Communities held a hearing mander, Department of Defense. on Renewing the Spirit of National and Community Service. Testimony was heard from public witnesses. INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS SPY ACT Committee on Appropriations: Subcommittee on Inte- Committee on Energy and Commerce: Subcommittee on rior, Environment, and Related Agencies continued Commerce, Trade, and Consumer Protection ap- appropriation hearings. Testimony was heard from proved for full Committee action, as amended, H.R. Members of Congress and public witnesses. 964, Securely Protect Yourself Against Cyber Tres- pass Act. LEGISLATIVE BRANCH APPROPRIATIONS DIGITAL COMMUNICATIONS OUTLOOK Committee on Appropriations: Subcommittee on Legisla- tive Branch held a hearing on the GAO. Testimony Committee on Energy and Commerce: Subcommittee on was heard from the following officials of the GAO: Telecommunications and the Internet, continued David Walker, Comptroller General; Gene Dodaro, hearings entitled ‘‘Digital Future of the United Chief Operating Officer; and Sallyanne Harper, Chief States: Part III: Spectrum Opportunities and the Fu- Administrative Officer. ture of Wireless.’’ Testimony was heard from public witnesses. STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS FHA REFORM Committee on Appropriations: Subcommittee on State, Committee on Financial Services: Subcommittee on Foreign Operations, and Related Programs held a Housing and Community Opportunity held a hear- hearing on Public Diplomacy and Broadcasting Pro- ing entitled ‘‘The Expanding American Homeowner- grams. Testimony was heard from Karen Hughes, ship Act of 2007: H.R. 1852, to modernize and up- Under Secretary, Public Diplomacy and Public Af- date the National Housing Act and enable the Fed- fairs, Department of State. eral Housing Administration to use risk-based pricing to more effectively reach underserved borrowers; INTELLIGENCE/RECONNAISSANCE BUDGET and related FHA Modernization Issues. Testimony Committee on Armed Services: Subcommittee on Air and was heard from Brian D. Montgomery, Assistant Land Forces held a hearing on Fiscal Year 2008 Na- Secretary, Housing—Federal Housing Commissioner, tional Defense Authorization Budget Request, Un- Department of Housing and Urban Development; manned Aerial Vehicles and Intelligence, Surveil- and public witnesses.

VerDate Aug 31 2005 04:54 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D19AP7.REC D19APPT1 jcorcoran on PROD1PC62 with DIGEST April 19, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D531 MISCELLANEOUS MEASURES; DARFUR FEDERAL JUDICIAL COMPENSATION CRISIS Committee on the Judiciary: Sucommittee on Courts, Committee on Foreign Affairs: Favorably considered and the Internet and Intellectual Property held an over- adopted a motion urging the Chairman to request sight hearing on Federal Judicial Compensation. Tes- that the following resolutions, as amended, be con- timony was heard from the following Presiding Jus- sidered on the Suspension Calendar: H. Res. 243, tices of the U.S. Supreme Court: Stephen G. Breyer; Calling on the Government of the Socialist Republic and Samuel A. Alito. of Vietnam to immediately and unconditionally release Father Nguyen Van Ly, Nguyen Van Dai, Le IMMIGRATION REFORM Thi Cong Nhan, and other political prisoners and Committee on the Judiciary: Subcommittee on Immi- prisoners of conscience; H. Res. 272, Commemo- gration, Citizenship, Refugees, Border Security and rating the 200th anniversary of the abolition of the International Law held a hearing on Shortfalls of transatlantic slave trade; and H. Con. Res. 7, Calling 1986 Immigration Reform Legislation. Testimony on the League of Arab States to acknowledge the was heard from public witnesses. genocide in the Darfur region of Sudan and to step up their efforts to stop the genocide in Darfur. Hearings continue tomorrow. The Committee also held a hearing on the Cur- rent Situation in Darfur. Testimony was heard from FEDERAL LANDS ENERGY OPPORTUNITIES Mia Farrow, Goodwill Ambassador, UNICEF; and Committee on Natural Resources: Subcommittee on En- public witnesses. ergy and Mineral Resources held an oversight hearing on Renewable Energy Opportunities and Issues FEDERAL SYSTEMS CYBER SECURITY on Federal Lands: Review of Title II, Subtitle Committee on Homeland Security: Subcommittee on B–Geothermal Energy of EPAct; and other renew- Emerging Threats, Cybersecurity, and Science Tech- able programs and proposals for public resources. nology held a hearing entitled ‘‘Cyber Insecurity: Testimony was heard from Jim Hughes, Director, Hackers are Penetrating Federal Systems and Critical Bureau of Land Management, Department of the In- Infrastructure.’’ Testimony was heard from Dave terior; and public witnesses. Jarrell, Manager, Critical Infrastructure Protection Program, Department of Commerce; Donald Reid, NORTHERN MARIANA ISLANDS Senior Coordinator, Security Infrastructure, Bureau of Committee on Natural Resources: Subcommittee on In- Diplomatic Security, Department of State; Jerry sular Affairs held an oversight hearing on Current Dixon, Director, National Cyber Security Division, Economic, Social and Security Conditions of the Department of Homeland Security; Greg Wilshusen, Commonwealth of the Northern Mariana Islands. Director, Information Security Issues, GAO; and Testimony was heard from Pedro A. Tenorio, Resi- public witnesses dent Representative, Commonwealth of the Northern Mariana Islands; David B. Cohen, Deputy Assistant HOMELAND SECURITY DEPARTMENT Secretary, Insular Affairs, Department of the Interior; MORALE and Jeanette Franzel, Director, Financial Manage- Committee on Homeland Security: Subcommittee on ment and Assurance, GAO. Management, Investigations, and Oversight held a hearing entitled ‘‘Addressing the Department of MISCELLANEOUS MEASURES Homeland Security’s Morale Crisis.’’ Testimony was Committee on Natural Resources: Subcommittee on Nat- heard from Marta Brito Perez, Chief Human Capital ural Parks, Forests and Public Lands approved for Officer, Department of Homeland Security; and pub- full Committee action the following measures: H.R. lic witnesses. 359, amended, Cesar Estrada Chavez Study Act; H.R. 713, amended, Niagara Falls National Heritage AIRPORT SECURITY IMPROVEMENTS Area Act; H.R. 986, Eightmile Wild and Scenic Committee on Homeland Security: Subcommittee on River Act, H.R. 1080, Grand Teton National Park Transportation and Infrastructure Protection held a Extension Act of 2007; H.R. 1100, amended, Carl hearing entitled ‘‘Airport Security: The Necessary Sandburg Home National Historic Site Boundary Improvements to Secure America’s Airports.’’ Testi- Revision Act of 2007; and H. Con. Res. 116, Ex- mony was heard from Kip Hawley, Assistant Sec- pressing the sense of Congress that the National Mu- retary, Transportation Security Administration, De- seum of Wildlife Art, located in Jackson, Wyoming, partment of Homeland Security; and public wit- shall be designated as the ‘‘National Museum of nesses. Wildlife Art of the United States.’’

VerDate Aug 31 2005 04:54 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D19AP7.REC D19APPT1 jcorcoran on PROD1PC62 with DIGEST D532 CONGRESSIONAL RECORD — DAILY DIGEST April 19, 2007 MISCELLANEOUS MEASURES AGRICULTURE’S IMPACT ON WATER Committee on Natural Resources: Subcommittee on QUALITY Water and Power approved for full Committee ac- Committee on Transportation and Infrastructure: Sub- tion the following bills: H.R. 487, Cheyenne River committee on Water Resources and Environment Sioux Tribe Equitable Compensation Amendments held a hearing on Nonpoint Source Pollution: The Act of 2007; H.R. 1114, Alaska Water Resources Impact of Agriculture on Water Quality. Testimony Act of 2007; H.R. 1140, South Orange County Re- was heard from Richard Coombe, Regional Assistant cycled Water Enhancement Act; H.R. 1337, to pro- Chief, Natural Resources Conservation Service, vide for a feasibility study of alternatives to augment USDA; Craig Hooks, Director, Office of Wetlands, the water supplies of the Central Oklahoma Master Oceans and Watersheds, Office of Water, EPA; and Conservancy District and cities served by the Dis- public witnesses. trict; and H.R. 1662, to amend the Reclamation Safety of Dams Act of 1978 to authorize improve- VETERANS EDUCATION/TRAINING ments for the security of dams and other facilities. PROGRAMS CONTRACTOR TAX ENFORCEMENT Committee on Veterans’ Affairs: Subcommittee on Eco- Committee on Oversight and Government Reform: Sub- nomic Opportunity held a hearing on State Approv- committee on Government Management, Organiza- ing Agencies. Testimony was heard from George tion and Procurement held a hearing on the fol- Scott, Acting Director, Education, Workforce, and lowing measures: H.R. 1870, Contractor Tax En- Income Security Issues, GAO; John McWilliam, forcement Act; and H.R. 1865, To amend title 31, Deputy Assistant Secretary, Veterans’ Employment United States Code, to allow certain local tax debt and Training Service, Department of Labor; Carol to be collected through the reduction of Federal tax Griffiths, Chief, Accrediting Agency Evaluation funds. Testimony was heard from Paul A. Denett, Unit, Accreditation and State Liaison Staff, Depart- Administrator, Office of Federal Procurement Policy, ment of Education; Keith M. Wilson, Director of OMB; J. Russell George, Inspector General, Tax Ad- Education Service, Department of Veterans Affairs. ministration, Department of the Treasury; Gregory D. Kutz, Managing Director, Forensic Audits and SALISBURY VA MEDICAL CENTER Special Investigations, GAO; and public witnesses. INVESTIGATIONS NSF AUTHORIZATION Committee on Veterans’ Affairs: Subcommittee on Over- Committee on Science and Technology: Subcommittee on sight and Investigations held a hearing on Surgical Research and Science approved for full Committee, Services at the W.G. (Bill) Hefner VA Medical Cen- as amended, H.R. 1867, National Science Founda- ter in Salisbury, North Carolina. Testimony was tion Authorization Act of 2007. heard from John D. Daigh, M.D., Assistant Inspec- TECHNOLOGY INNOVATION AND tor General, Healthcare Inspections, Office of the In- MANUFACTURING STIMULATION ACT OF spector General; and the following officials of the 2007 Department of Veterans Affairs: Sidney Steinberg, Committee on Science and Technology: Subcommittee on M.D., Chief of Staff, W.G. (Bill) Hefner VA Medical Technology and Innovation approved for full Com- Center; and William F. Feeley, Deputy Under Sec- mittee action, as amended, H.R. 1868, Technology retary, Health, for Operations and Management. Innovation and Manufacturing Stimulation Act of 2007. ENERGY AND TAX POLICY SMALL BUSINESSES’ FEDERAL CONTRACTS Committee on Ways and Means: Subcommittee on Se- lect Revenue Measures held a hearing on Energy and Committee on Small Business:, Held a hearing entitled Tax Policy. Testimony was heard from public wit- ‘‘Expanding Small Businesses’ Access to Federal Con- tracts.’’ Testimony was heard from Paul Hsu, Asso- nesses. ciate Administrator, Government Contracting and Business Development, SBA; and public witnesses. NATIONAL CLANDESTINE SERVICE/ HUMAN INTELLIGENCE HIGH-SPEED RAIL SYSTEMS Permanent Select Committee on Intelligence: Meet in exec- Committee on Transportation and Infrastructure, Sub- utive session to hold a hearing on National Clandes- committee on Railroads, Pipelines, and Hazardous tine Service/Human Intelligence. Testimony was Materials held a hearing on High-Speed Rail Sys- heard from departmental witnesses. tems. Testimony was heard from public witnesses.

VerDate Aug 31 2005 04:54 Apr 20, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D19AP7.REC D19APPT1 jcorcoran on PROD1PC62 with DIGEST April 19, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D533 COMMITTEE MEETINGS FOR FRIDAY, Committee on Education and Labor, hearing on Mis- APRIL 20, 2007 management and Conflicts of Interest in the Reading First Program, 9 a.m., 2175 Rayburn. (Committee meetings are open unless otherwise indicated) Committee on Energy and Commerce, Subcommittee on Oversight and Investigations, hearing entitled ‘‘Depart- Senate ment of Energy’s Response to Ongoing Mismanagement Committee on Appropriations: Subcommittee on Labor, at the Los Alamos National Labs,’’ 9:30 a.m., 2123 Ray- Health and Human Services, Education, and Related burn. Agencies, to hold hearings to examine proposed budget Committee on Homeland Security, hearing entitled ‘‘Re- estimates for fiscal year 2008 for the National Institutes sponsibility in Federal Homeland Security Contracting,’’ 10 a.m., 2118 Rayburn. of Health, focusing on the burden of chronic diseases, Committee on the Judiciary, Subcommittee on Immigra- 9:30 a.m., SD–116. tion, Citizenship, Refugees, Border Security and Inter- national Law, to continue hearings on Shortfalls of 1986 House Immigration Reform Legislation, 10 a.m., 2141 Rayburn. Committee on Appropriations, Subcommittee on Defense, Committee on Transportation and Infrastructure, Sub- on Guard and Reserve-Oversight, 10 a.m., H–140 Cap- committee on Aviation, hearing on Aviation Consumer itol. Issues, 10 a.m., 2167 Rayburn. Subcommittee on Financial Services and General Gov- Subcommittee on Economic Development, Public ernment, on District of Columbia, 10 a.m., 2359 Ray- Buildings, and Emergency Management, hearing on burn. FEMA’s Emergency Food Supply System, 9 a.m., 2253 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, April 20 9 a.m., Friday, April 20

Senate Chamber House Chamber Program for Friday: After the transaction of any morn- Program for Friday: Complete consideration of H.R. ing business (not to extend beyond 10:30 a.m.), Senate 1257—Shareholder Vote on Executive Compensation Act will begin consideration of S. 761, America Competes and consideration of H.R. 363—Sowing the Seeds Act, for debate only. Through Science and Engineering Research Act.

Extensions of Remarks, as inserted in this issue

HOUSE Hare, Phil, Ill., E799 Pomeroy, Earl, N.D., E797 Harman, Jane, Calif., E803 Rahall, Nick J., II, W.Va., E806 Baldwin, Tammy, Wisc., E789 Hinojosa, Rube´n, Tex., E798 Reyes, Silvestre, Tex., E789 Bonner, Jo, Ala., E788, E791, E794 Inslee, Jay, Wash., E796 Reynolds, Thomas M., N.Y., E792 Brown-Waite, Ginny, Fla., E792 Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E787, E790 Rodriguez, Ciro D., Tex., E789 Burgess, Michael C., Tex., E800 Kucinich, Dennis J., Ohio, E798 Capps, Lois, Calif., E795 Levin, Sander M., Mich., E787, E790 Roybal-Allard, Lucille, Calif., E795 Carson, Julia, Ind., E800 Lewis, Ron, Ky., E788, E791, E794 Schakowsky, Janice D., Ill., E788, E791 Clarke, Yvette D., N.Y., E807 Loebsack, David, Iowa, E802 Sires, Albio, N.J., E802 Cleaver, Emanuel, Mo., E805 Maloney, Carolyn B., N.Y., E801, E806 Smith, Christopher H., N.J., E804 Clyburn, James E., S.C., E797 Marchant, Kenny, Tex., E793 Tauscher, Ellen O., Calif., E793 Davis, Danny K., Ill., E801 Markey, Edward J., Mass., E801 Terry, Lee, Nebr., E800 Davis, Tom, Va., E804 Meek, Kendrick B., Fla., E789 Towns, Edolphus, N.Y., E787, E790 Diaz-Balart, Lincoln, Fla., E803 Miller, Candice S., Mich., E797 Udall, Mark, Colo., E796 Drake, Thelma D., Va., E794 Murphy, Christopher S., Conn., E800 Udall, Tom, N.M., E805 Ellsworth, Brad, Ind., E803 Neugebauer, Randy, Tex., E806 Fallin, Mary, Okla., E805 Pascrell, Bill, Jr., N.J., E796, E802 Van Hollen, Chris, Md., E787, E790 Garrett, Scott, N.J., E793 Pence, Mike, Ind., E793 Wasserman Schultz, Debbie, Fla., E794 Hall, John J., N.Y., E800 Poe, Ted, Tex., E805 Wolf, Frank R., Va., E792

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